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Home My WebLink AboutCouncil Agenda - 2024-03-18 S1 KITc�ivER Special Council Meeting Agenda Monday, March 18, 2024,1:30 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Pages 1. Commencement The meeting will begin with a Land Acknowledgement given by the Mayor. 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. Mayoral Business and Updates - Mayor B. Vrbanovic 4. In -camera Meeting Authorization Note: Any member of Council may question the appropriateness of a listed in - camera item. This may be done during the special Council meeting or at the beginning of the in -camera session. Council is asked to enact the following resolution to authorize an in -camera meeting: "That an in -camera meeting of City Council be held immediately following the special council meeting this date to consider a matter of solicitor -client privilege as authorized by Sections 239 (2) (f) of the Municipal Act, 2001, respectively." Items for Consideration: 4.1 Legal Advice relating to Planning Act matters 20 m (Solicitor -Client Privilege 239 (2) (f)) Staff will provide information, no direction is required. 5. 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 11: 30 a.m. on March 18, 2024, in order to participate electronically. 5.1 Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD -2024-005, listed as Item 5.1 5.1.a Marilyn Hay 5.1.b Michael Morgenroth 5.1.c Gail Schenk 5.1.d Kristen Barisdale, GSP Group Inc. on behalf of 49 to 55 Pine Street 5.1.e Kristen Barisdale, GSP Group Inc. on behalf of 115 Benton Street 5.1.f Stephen Litt, Vive Development 5.1.g Peggy Nickels 5.1.h Dave Aston, MHBC Planning - on behalf of Owners of 178 and 188 Queen St S, 196 and 202 Queen St S, and 15 Joseph St 5.1. i Hal Jaeger 5.2 Inclusionary Zoning - Official Plan Amendment and Zoning By-law Amendment, DSD -2024-029, listed as Item 5.2 5.2.a Susan Lloyd-Swail 5.2.b Victor Labreche, Arcadis Professional Services (Canada) Inc. 5.2.c Gail Schenk Page 2 of 592 5.2.d Diane Kilby and Janet Howitt, Mayor's Advisory Committee 5.2.e Kim Charlesworth 5.2.f Yvonne Fernandes 5.2.g Gail Pool 5.2.h Peggy Nickels 6. Planning and Strategic Initiatives Committee Report - January 29, 2024 6.1 Growing Together - Protected Major Transit 120 m 6 Station Area Land Use and Zoning Framework, DSD -2024-005 and Follow-up Report DSD -2024-128 That the following motion be deferred to the March 18, 2024 Special Council Meeting to allow staff the opportunity to dialogue further with those who provided oral and written submissions received in relation to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, DSD -2024-005: "That City Initiated Official Plan Amendment OPA23/016/K/JZ, for the purpose of implementing a land use planning framework for seven of the City's Protected Major Transit Station Areas, including amendments to the Urban Structure, Land Use, Specific Policy Areas, and Cultural Heritage Resources mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-005 as Attachment 'A', and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Official Plan Amendment OPA23/017/K/JZ, for the purpose of adding lands into the 2014 Official Plan and updating the land use planning framework for specific lands currently within Secondary Plans within the 1994 Official Plan, including amendments to the Urban Structure, Land Use, and Specific Policy Areas, inclusive of mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-005 as Attachment 'B', and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Official Plan Amendment OPA23/022/K/JZ, for the purpose of deleting existing secondary plan policies and mapping from the 1994 Official Plan, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD - Page 3 of 592 2024-005 as Attachment `C', and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Zoning By-law Amendment Application ZBA23/028/K/JZ to amend Zoning By-law 2019-051 for lands within seven of the City's Protected Major Transit Station Areas, be approved in the form shown in the "Proposed By-law" attached to Report DSD -2024-005 as Attachment `D'; and further, That City Initiated Zoning By-law Amendment Application ZBA23/029/K/JZ to amend Zoning By-law 2019-051, for lands recommended to be removed from existing Secondary Plans be approved in the form shown in the "Proposed By-law" attached to Report DSD -2024-005 as Attachment `E'." 6.2 Inclusionary Zoning - Official Plan Amendment 120 m 547 and Zoning By-law Amendment, DSD -2024- 029 and Follow-up Report DSD -2024-111 That the following motion be deferred to the March 18, 2024 Special Council Meeting to allow staff the dialogue further with those who provided oral and written submissions in relation to Inclusionary Zoning — Official Plan Amendment and Zoning By-law Amendment, DSD -2024- 029 and how it relates to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, as outlined in Development Services Department report DSD -2024-005: "That the City -initiated Official Plan Amendment OPA23/015/K/TD for the purposes of introducing Inclusionary Zoning within Protected Major Transit Station Areas be adopted, in the form shown in the Official Plan Amendment attached to Report DSD - 2024 -029 as Attachment `A' and accordingly forwarded to the Region of Waterloo for approval; and, That the City -initiated Zoning By-law Amendment ZBA23/027/K/TD to amend Zoning By-law 2019-051 and Zoning By-law 85-1, be approved in the form shown in the "Proposed By- law Amendment" attached to Report DSD -2024-029 as Attachment `B' and Attachment `C' respectively; and further, That staff be directed to enter into a memorandum of understanding with the Region of Waterloo outlining roles and responsibilities in administration of Inclusionary Zoning, to the satisfaction of the Director of Planning and Housing Policy." Note: An addendum report, Development Services Department report DSD -2024-111 on this matter has been provided for consideration. Page 4 of 592 7. Adjournment Page 5 of 592 Staff Report Development Services Department www.kitchener.ca REPORT TO: Special Council DATE OF MEETING: March 18, 2024 SUBMITTED BY: Rosa Bustamante, Director of Planning and Housing Policy/City Planner, 519-741-2200 ext. 7319 PREPARED BY: Adam Clark, Senior Urban Designer, 519-741-2200 ext. 7027 John Zunic, Senior Planner, 519-741-2200 ext. 7685 WARD(S) INVOLVED: Wards 9 & 10 DATE OF REPORT: March 14, 2024 REPORT NO.: DSD -2024-128 SUBJECT: Supplemental Report to DSD -2024-005: Growing Together— Protected Major Transit Station Area Land Use and Zoning Framework RECOMMENDATION: That City Initiated Official Plan Amendment OPA23/016/K/JZ, for the purpose of implementing a land use planning framework for seven of the City's Protected Major Transit Station Areas, including amendments to the Urban Structure, Land Use, Specific Policy Areas, and Cultural Heritage Resources mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-128 as Attachment `A', and accordingly forwarded to the Region of Waterloo for approval; That City Initiated Official Plan Amendment OPA23/017/K/JZ, for the purpose of adding lands into the 2014 Official Plan and updating the land use planning framework for specific lands currently within Secondary Plans within the 1994 Official Plan, including amendments to the Urban Structure, Land Use, and Specific Policy Areas, inclusive of mapping and text amendments, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-128 as Attachment `B', and accordingly forwarded to the Region of Waterloo for approval; That City Initiated Official Plan Amendment OPA23/022/K/JZ, for the purpose of deleting existing secondary plan policies and mapping from the 1994 Official Plan, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD - 2024 -128 as Attachment `C', and accordingly forwarded to the Region of Waterloo for approval; That City Initiated Zoning By-law Amendment Application ZBA23/028/K/JZ to amend Zoning By-law 2019-051 for lands within seven of the City's Protected Major Transit *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 6 of 592 Station Areas, be approved in the form shown in the "Proposed By-law" attached to Report DSD -2024-128 as Attachment `D'; and That City Initiated Zoning By-law Amendment Application ZBA23/029/K/JZ to amend Zoning By-law 2019-051, for lands recommended to be removed from existing Secondary Plans be approved in the form shown in the "Proposed By-law" attached to Report DSD -2024-128 as Attachment `E'. Pursuant to Section 35(17) of the Planning Act, R.S.O. C P.13, as amended further notice is not required to be given in respect to the City initiated Zoning By-law Amendments. REPORT HIGHLIGHTS: • The purpose of this report is to provide an overview of the engagement that occurred between staff, the community, and proponents between the statutory public meeting at Committee of Council on January 29th and mid-March. • In consideration of the above-mentioned engagement, refinements have been made to the proposed Official Plan and Zoning By-law amendments for the Protected Major Transit Station Areas (PMTSAs) within the Growing Together study area. • It is planning staff's recommendation that the Official Plan amendments and the Zoning By-law amendments attached to this report be adopted/approved. • Growing Together is: o transformative and builds on Kitchener's role as a national leader in addressing the housing crisis; o bold but balanced; o the most ambitious plan for transit -oriented design in Canada; and o internationally recognized for its highly collaborative process. • There are no financial implications associated with this recommendation. • Community engagement included a supplemental open house held on February 29th attended by approximately 20 community members. Additionally, 14 one-on-one meetings were held with individual property owners/planning consultants. • This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. BACKGROUND: At Planning and Strategic Initiatives Committee on January 29th, 2024, Council deferred a decision on the recommendations in report DSD -2024-005 and directed staff to have additional dialog with the development industry and the community. In the weeks that followed, staff prepared a suite of additional materials to help communicate the principles of Growing Together to various audiences. An open house was held in the City Hall rotunda on February 29th from 3:30pm to 6:30pm, and included stations dedicated to various theme areas raised by members of the community through delegations on January 29th. Those theme areas were: • Cultural heritage • Lands outside PMTSAs but within the scope of Growing Together • SGA -1 uses and regulations • Built form transition Page 7 of 592 Further, the Conestoga room was booked to facilitate requested conversations with specific community members who desired additional time with specific staff. Approximately 20 community members attended the open house. Between February 23rd and March 1 st, staff held 14 meetings with landowners, members of the development industry and consultants. At these meetings, staff were able to provide more context on how Growing Together works, and proponents were able to supplement their submissions and further articulate their requests. Staff also accommodated several new site-specific requests. Staff considered all submissions made through end -of -day on March 13th. 56 total submissions have been evaluated and are listed in Table 1. The planning analysis for the recommendations in this report remains as Attachment F Planning Analysis as appended to report DSD -2024-005. Additional analysis for revisions made as part of this report's recommendations is below. All changes made to the draft materials originally posted on November 3, 2023 as a result of staff's consideration of all submissions made are captured as well, to be as comprehensive as possible. REPORT: Growing Together is transformative. It builds on Kitchener's role as a national leader in addressing the housing crisis. Growing Together enables more than 100,000 new homes in all shapes and sizes. This includes as many as 4,500 affordable units secured through inclusionary zoning, and at least 20,000 new homes in "missing middle" forms. It is bold, but balanced. Staff recommends a bold approach that removes floor space ratio maximums and vehicle parking minimums. These fundamental changes to Kitchener's planning framework are game -changing and visionary; they will allow a lot more housing to be built, more affordably, on a lot less land. The built -form regulations that come with this approach provide a critical balance that protects for the health, safety and quality of life of all community members, existing and new. Growing Together is the most ambitious plan for transit -oriented design in Canada. Being a national leader comes with some risk. However, the issues of housing supply, housing affordability and climate change are so critical that the time is now to take the leap and establish a new set of rules for growth and change that will see us build a city for everyone where, together, we take care of the world around us — and each other. Growing Together is recognized for its highly collaborative process. This project's 4 - time award-winning community engagement includes two major international awards. Staff have now held community and industry engagements totalling well over 100 hours and have spoken in-person with approximately 1,400 people. Through workshops, pop -ups and office hours, staff have used industry-leading engagement materials to directly translate community feedback into the recommendations found in Growing Together. Furthermore, staff have continued to meet with the community and industry collaborators on specific issues and have made more than 30 revisions to the draft materials in response to these discussions. Page 8 of 592 The name "Growing Together" was chosen for this project with a promise that staff would embody that principle and deliver a plan that was representative of all of Kitchener's people, ambitions, and ideals. That it would be equitable. That it would be fair to existing, new and future residents alike. That it would enable more housing and more diverse housing to meet the needs of all. This is that plan. Summary of Submissions Table 1 summarizes all submissions made about specific properties or other feedback on the draft materials through community and proponent submissions. Where a request was made for a site-specific change to land use or zoning the following submission criteria was required: Proof of lot ownership. A conceptual design that demonstrates compliance with the desired zone; and A scoped planning justification addressing proposed Official Plan policy 15.D.2.5. which requires a demonstration of compatibility with the planned function of the lands and adjacent lands, suitability of the lot for the proposed use/built form; lot consolidation, compliance with Kitchener's Urban Design Manual and Official Plan urban design policies, consideration of cultural heritage resources. Table 1 includes a colour code where: • green indicates that a change has been made in direct response to the request. 55% of all submissions are in this category. • Yellow indicates that an indirect change has been made, that a change was not necessary to address the request, or that a change cannot be made legally or because of scope/process limitations. 22% of all submissions are in this category. • red indicates where a change has not been made due to insufficient justification. 23% of all submissions are in this category. • Despite not being able to support some of the requests, there continues to be multiple pathways that can be explored by property owners for site-specific requests where they meet the intent of the Growing Together planning framework. Table 1 — Summary of Growing Together Submission Property Request Date Status Agnes, To apply an SGA -1 zone July 201h Change made. Minor impact to housing capacity, various to the Agnes St. 2023 transition to adjacent SGA -4 lands achieved properties between through revised transition regs (change already Walter St. and Gruhn St. reflected in DSD -2024-005). rather than the proposed SGA -2 zone. This request fps' was made during an in- (181 person meeting in July G 2023. lygf�TF INS -2 SGA -4 60 Ottawa To include the subject Oct. 51h These lands are within a floodplain. Floodway St. S., 97 lands within the Growing 2023 portions of floodplains cannot legally permit Page 9 of 592 Property Request Date Status Kent St. & Together subject area development. These lands are also within the 449 and apply an SGA land Schneider/Shoemaker Creek EA study area which Charles use and zoning. is ongoing and will ultimately determine changes to St. E. the floodplain once the creek restoration is complete. Staff will continue to work collaboratively with the Grand River Conservation Authority on updates to the floodplain as expeditiously as possible and are exploring opportunities to confirm updated floodplain limits later in 2024. • sc� 5. •ham, Oak and To apply an SGA -1 zone Nov. 20th Change made to 6 Oak and 20 Linden based on Michael, to various Oak and 2023 conservation of views to heritage smokestack various Michael St. properties (change already reflected in DSD -2024-005). rather than the proposed SGA -2 zone. SGA -2 SG -� �u i 95-109 To apply an SGA -3 zone Nov. 24th Change made based on updated February Weber St. rather than the 2023, submission with revised proposal that meets E., 64-74 recommended SGA -2 Feb. 16th submission criteria. Concept design meets the Cedar St. zone. 2024 SGA -3 zoning regulations. N. and 14 May PI. w ' C �l 4 CO 30 Original request, to apply Nov. 25th Change made to 25 Breithaupt based on Breithaupt SGA -4 zone to 30 2023, submission meeting criteria. Concept design meets St., Breithaupt rather than the March 16t SGA -4 zoning regulations. 30 Breithaupt to remain Revised to recommended SGA -3 2024 SGA -3, 25 Breithaupt revised from SGA -3 zone to 25 zone. Revised request, to SGA -4 zone. Breithaupt apply SGA -4 zone to 25 St. Breithaupt rather than the Page 10 of 592 Property Request Date Status recommended SGA -3 9— (87MHj [� zone. A-3 SGA -3 (8 3H) SG1(�5C4) SGA -3 0,30 1((136) (54),(132) (133),(81H) (81 H) I I I■ 217 To apply an SGA -2 zone Nov. 27th Change made based on submission demonstrating Lancaster rather than the proposed 2023 consolidation of properties (change already E. SGA -1 zone. reflected in DSD -2024-005). U 39 & 51 To apply an SGA -4 zone Nov. 28th Change made based on complete submission Church, rather than the proposed 2023 meeting criteria. Concept design meets SGA -4 69 & 73 SGA -3 zone on the zoning regulations (change already reflected in Benton assembly of properties. DSD -2024-005). ti �-3 SGA -4 �. (19H) ` SGA. 455-509 Request to remove site Nov. 29th, Through discussions with the owners at an in - Mill St. specifics concerning 2023, person meeting in February, there was agreement height, density and Feb. 16th that the primary desire was for the removal of the parking maximums. 2024 site-specific parking requirement. Throughout the PMTSA geography, staff are recommending no parking minimum. As such staff agrees with this request. To ensure that this is equitably applied across the entire geography, all site-specific parking minimums have been removed. 178-202 To apply an SGA -4 zone Nov. 30th On Council's deferral, staff were directed to Queen St. rather than the proposed 2023 continue to evaluate submissions. During that S.,15 SGA -3 zone on the additional evaluation, several new submissions Joseph St. assembly of properties. were received regarding Heritage Conservation Districts and proposed SGA -3 and SGA -4 zoned lands. While there are several existing buildings in the HCDs that are greater than 8 storeys (SGA -2 Page 11 of 592 Property Request Date Status maximum height) and less than 25 storeys (SGA -3 maximum height), there are no existing buildings greater than 25 storeys (permitted in the SGA -4 zone). The Victoria Park Area Heritage Conservation District Plan identifies areas planned for "new high-rise, high density development". For these specific areas, SGA -3 zoning is recommended to continue to recognize these areas for future higher density growth. The SGA -4 zone was proposed to apply to these properties as part of DSD -2024-005, based on a concept design that met SGA -4 zoning regulations for lands at Charles/Queen. As the lands were not consolidated, a holding provision was put in place requiring the consolidation of the lots in order to proceed with development. As a result of further dialogue and review, the SGA -3 zone is now proposed for these lands to permit a mid or high rise development should consolidation not occur. Any changes beyond the SGA -3 zone could be considered through a site-specific Zoning By-law Amendment process which would require additional supporting documentation such as Heritage Impact Assessments and Conservation Plans to assess heritage impacts, especially if an existing building is proposed to be demolished. Policies within the Victoria Park Area Heritage Conservation District Plan require new buildings to be complementary to the existing massing, scale, and historic character of the area. S/G/A-3 (18H) SGA -4 19H)5(79H) ��.. 169 to 183 No specific request, letter Nov.30th Transition regulation was amended between initial Victoria notes concern with built 2023, Jan. and revised letters to better enable mid -rise. St. S. form transition 26th 2024 Revised letter reiterates original concern, however. regulations. Concept as (revised, MTSA boundary as applied here creates unique originally submitted same condition where MTSA properties achieve only requires site-specific ZBA concern) 30m depth. Site specific application is needed due to address numerous to these circumstances. variances to existing 85-1 zoning. Concept would also require site-specific application to proceed under Growing Together. Page 12 of 592 Property Request Date Status SGA -4 4V 924 to 944 To apply an SGA -C land Nov. 301h Change not made. Shallow lots in this area make it King St. use and SGA -4 zone 2023, Jan. difficult for a tall building to meet transition W. rather than the 261h 2024 regulation. Said regulation has also been revised recommended SGA -B based on community feedback to add a second land use and SGA -2 `tier' limiting height to 30m within 30m of low-rise zone. Revised submission zoned areas. SGA -B land use allows ZBA pathway requests either SGA -3 or for SGA -3 zone up to 25 storeys. As such, a site - SGA -4. specific application is the recommended approach. -2 �QO F 98-102 To apply an SGA -B land Nov. 301h, Change made based on submission showing proof Weber St. use rather than the 2023, of lot ownership and planning justification. E., 217- recommended SGA -A Feb. 28th 233 land use on the subject 2024 \1 Lancaster properties. St. E. �FB ii ..: C A. 85 Weber To apply an SGA -4 zone Nov. 30th Change not made. Through further dialog with the St. W. and rather than the 2023 consultants/property owners on March 1 st, there 60 & 66 recommended SGA -3 was a better understanding of the staff College zone. recommended land use/zoning and the pathways St. through which site-specific consideration could proceed in the future. Various Staff received a range of Various Change made. To better enable mid -rise, staff are feedback on the built -form recommending a change in the regulation to allow transition regulation. up to 20m of height (6 storeys) within 15m of a Housing providers low-rise lot. This includes a setback requirement of commented that limiting 7.5m Staff are also recommending an additional building height to 12m transition tier where tall buildings are limited to within 12m of a low-rise 30m in height within 30m of a low-rise lot. This lot would make it more impacts a small number of properties overall, Page 13 of 592 Property Request Date Status challenging to build mid- where SGA -3 or SGA -4 abut an SGA -1 or other rise. Community low-rise zone (change already reflected in DSD - members commented that 2024-005). the proposed regulation did not provide enough transition to tall buildings. Various Staff received a range of Various Change made. While feedback was split between feedback on the built -form those wanting smaller buildings with more space regulations from a between them and those wanting larger buildings number of perspectives. with less space between them, staff heard a This included requests to consistent desire for more purpose-built rental, increase or decrease a larger units, units with more bedrooms and greater variety of regulations. affordability. Therefore, staff adjusted the built form regulations that apply to storeys 37+ from a maximum floor plate of 850M2 and a maximum building length of 36m to a maximum floor plate of 900m2 and a maximum building length of 42m. (change already reflected in DSD -2024-005) 19 Acacia To apply an SGA -2 zone Dec. 1St Change made. 19 Acacia as either SGA -1 or SGA - rather than the proposed 2023 2 creates equivalent alignment with how the zones SGA -1 zone to multiple are applied along the Ottawa St. corridor, so either properties on Acacia option is justified (change already reflected in between Ottawa St. and DSD -2024-005). Sydney St. CAC/A,37- AC/As7- 75 75 York To permit street Dec. 6th, Change made to permit street townhouses in the St., 81 townhouses in the SGA -3 2023, SGA -3 zone, with an additional regulation requiring York St. & zone. March 1St, that they be allowed only on a lot with a multiple 130 Mt. 2023 dwelling. This is to ensure that lower density uses, Hope St. like street townhouses, are not the predominate use on SGA -3 zoned lands. 669 To apply an SGA -4 zone Dec. 12th Change made based on complete submission Charles rather than the proposed 2023 meeting criteria. Concept design meets SGA -4 St. E., SGA -3 zone to the zoning regulations (change already reflected in entire consolidated block known DSD -2024-005). block as "Charles Place" SG) SGAA �7z Rig QSH} Fsr ', SGA -3 /! iA ' �r SGA -4 QF, Page 14 of 592 Property Request Date Status 23-31 To apply an SGA -2 zone Dec. 131h Change made based on complete submission Cedar St. and SGA -B land use to 2023, meeting criteria. Concept design meets SGA -2 N. and 18- the balance of subject Feb. 18th zoning regulations. 26 properties where not 2024 Madison already applied. Ave. N. i . G. 49-51 To apply an SGA -3 zone Dec. 20th Change made to revise SGA -A land use to SGA -B Pine St. rather than the 2023 land use. Zoning to remain SGA -2. At in-person recommended SGA -2 meeting, this option emerged as an avenue for the zone. applicant to proceed with a potential development of more than 8 -storeys through a ZBA process Revised request to apply rather than OPA/ZBA. SGA -B land use rather than the recommended SGA -A land use. eF T =U' 79-87 To apply an SGA -4 zone Jan. 4th Change not made. 79-83 Weber St. E. cannot be Weber St. rather than the 2024, Feb changed as the site-specific application on these E. recommended SGA -2 21 st 2024, lands does not yet have final approval as of the zone. Revised request to March 4th preparation of this report. Sites with active apply an SGA -C land use 2024 applications are not receiving new land use or rather than the zoning through Growing Together. recommended SGA -B land use. Submission includes 87 Weber St. E., which is not part of the active application. However, the submitted concept design and zoning analysis demonstrates non-compliance with nearly all the regulations in the SGA -4 zone. Response to revised request: 79-83 Weber remain in the site-specific application process and are not within the Growing Together project scope. Concept design and zoning analysis has not been revised and demonstrates non-compliance with nearly all the regulations in either the SGA -3 or SGA -4 zones. For example, concept shows a floor plate area of 1,148m2 with physical separation of as little as 4.4m for a 32 storey tower, whereas the zoning Page 15 of 592 Property Request Date Status requires a 900m2 maximum floor plate area and 12m separation for storeys 19 through 32. 45-56 To apply an SGA -4 zone Jan. 4th Change not made as the concept and zoning College rather than the 2024, analysis provided demonstrated non-compliance St. recommended SGA -3 Feb. 21St with nearly all the regulations in the SGA -4 zone. zone. 2024 For example, concept shows physical separation of as little as 3.03m for a tower of 36 storeys whereas the zoning requires 12m for storeys 19 through 36. 58 Weber To apply an SGA -4 zone Jan. 4th Change not made as the concept and zoning St. W. rather than the 2024, analysis provided demonstrated non-compliance recommended SGA -2 Feb. 21St with nearly all the regulations in the SGA -4 zone. zone. 2024 For example, concept shows physical separation of as little as 4.81 m for a tower of 36 storeys whereas the zoning requires 12m for storeys 19 through 36. Subject properties are within a heritage conservation district. 864 King To apply an SGA -4 zone Jan. 4th No change required. Subject property is already St. W. to the property. 2024, recommended to receive SGA -4 zoning. Feb. 21st 2024, March 7th 2024 10 To apply an SGA -4 zone Jan. 4th Change not made. However, submitted concept Charles rather than the 2024, design notes the proposed building height at 20 St. E. recommended SGA -3 Feb. 21St storeys, which is permitted within the SGA -3 zone. 2024 maximum building height of 25 storeys. Therefore no change is necessary. 698-710 To apply an SGA -4 zone Jan. 11th Change not made. Proof of ownership not Charles rather than the 2024 provided. Concept design not provided. Planning St. E. recommended SGA -3 justification re: policy 15.D.2.5 not provided. zone. Submission letter notes the need for several site- specific setback reductions (front, rear and side). 1122 King Request to withdraw site Jan. 11th This property is included in the Growing Together St. E. specific application and to 2024 amendments and is proposed to be zoned SGA -3. proceed under SGA -3 zoning through Growing Together n/a Request to revise amenity Jan. 15th Revision made. Amenity space requirement for space requirements for 2024, Jan. SGA -3 and SGA -4 now caps the minimum buildings with no or few 29th, 2024 required amenity space at 5m2 per unit for balconies. common, shared amenity where no or few balconies are provided. 35 Weber To apply an SGA -3 zone Jan. 22nd Revision made to ensure the existing office uses rather than the 2024 continue to be permitted. The SGA -3 zone is recommended INS -2 consistent with the zoning on the adjacent zone. This is to reflect property. existing office uses not Page 16 of 592 Property Request Date Status currently allowed in the sr INS -2 zone. iA-4 H SGA -2 INS -2 J=" SGA -3 i 77 Young To apply an SGA -3 zone Jan. 22nd Revision made to ensure the existing uses rather than the 2024 continue to be permitted. The SGA -3 zone is recommended INS -2 consistent with the zoning on the adjacent lands. zone. This is to reflect existing office uses not ST currently allowed in the A-4 INS -2 zone. 9H) SGA -2 INS -2 J= �a C CD 150 No request, letter Jan. 241h Letter is in support of proposed land use, zoning, Strange submitted in support of 2024 and inclusionary zoning by-law. St. Growing Together 181-197 To add the properties to Jan. 251h Change not required to address request, Frederick section 18.4 of the zoning 2024 properties are at a stage in the site plan approvals St. & 143- by-law, "Deemed to process where this extra layer of transition is not 147 Comply" needed. Lancaster St. E. Various To add permissions for Jan. 29th Change made. Staff have re-evaluated the built - larger office buildings and 2024 form regulations for storeys 7-12 with a focus on shorter purpose built office buildings and creating an appropriate rental buildings in the balance of regulations for all permitted uses. built -form regulations. Staff have also re-evaluated submissions from purpose-built rental developers who have advocated for shorter buildings with larger footprints, to create greater permissions for slab apartments that are not towers but can provide lower cost units at higher efficiencies. Therefore, staff have added additional regulations applying to buildings up to, but not exceeding, 12 storeys. The maximum building length has been revised from 60m to 70m. This is based on an analysis of existing office buildings, and it also aligns with the Page 17 of 592 Property Request Date Status urban design manual's guideline for maximum building length. The maximum floor -plate area has been revised from 2,OOOm2 to 2,800m2. This will allow an office building of 70m x 40m. These changes are limited to buildings of 12 storeys or fewer as they could result in very large 12 -storey podiums for tower developments that would significantly compromise the ability of such developments to maintain a human -scale. Limited to 12 storeys, those impacts are mitigated while still adding substantial flexibility for both office and residential developers. Ottawa & To apply an SGA -4 zone Jan. 29th Change not made. Proof of ownership not Charles rather than the 2024 provided. Concept plan not provided. Planning recommended SGA -3 justification not provided. Delegate did not follow zone. up with staff on the properties or meet with staff in February/March. To limit physical separation to current Physical separation is not currently 12.5m. It is 12.5m regardless of applied via formula (tower length x tower building height. height/200). The regulations in Growing Together replace the guideline with fixed numbers based on height ranges. The 15m physical separation regulation is applied only to storeys 37+. For storeys 7-12, a 6m physical separation is applied. For storeys 13-18, a 9m physical separation is applied. For storeys 19-36, a 12m physical separation is applied. Additionally, for storeys 37+, Growing Together regulates building length at 42m and tower floor area at 900m2. These have both been adjusted (from 36m and 850m2) to be more permissive based on industry and community feedback expressing a desire for more purpose-built rental, larger units and more 3+ bedroom units. This makes floor area for tall buildings more permissive than in other cities, and therefore it is critical to maintain the recommended built -form regulations (Toronto, which requires 12.5m separation, also limits tower floor area to 750m2, as one example). n/a To not permit 0% Jan. 29th Change not made. Priority streets are the primary landscaping and Om 2024 urban streets in Kitchener's PMTSAs and are setback on priority intended to have the characteristics of successful streets. main streets such as King St. in the downtown, with a continuous built -street wall, active uses on To defer rezoning of non- the ground floor, and more. PMTSA lands. Non-PMTSA lands are being brought into the To revise sunset clause to City's 2014 Official Plan through a direct 3 years. translation of zoning permissions. This matches what was done through the CRoZBY project. Page 18 of 592 Property Request Date Status The sunset clause was changed from 3 years to 10 years to recognize the challenges of building large, complex, multi -phase developments under challenging market conditions. n/a To not limit development Jan. 29th Growing Together makes the transformative through any regulation. 2024 moves of not regulating maximum density through FSR and not requiring minimum vehicle parking. To eliminate all Built -form regulations are critical to ensure that development charges. existing and future residents can continue to enjoy a high-quality of life and that residents of To not require `wedding Kitchener's PMTSAs can build their lives here. cake' building design. Development charges are not in the project scope. To not apply the SGA -1 zone. Growing Together does not require `wedding cake' design. The graphics showing various stepback To not have built -form regulations represent a zoning envelope, not a transition regulations. building design. The SGA -1 zone permits a range of missing middle housing typologies as recommended through the Missing Middle and Affordable Housing study. Staff were directed to implement that study through Growing Together. There is sufficient capacity in Kitchener's PMTSAs to permit a full range of housing types that meet the needs of all who want to live here. Built -form transition regulations ensure that a balanced approach is applied and surrounding context is considered. n/a To zone low-rise areas for Jan. 29th This is what Growing Together already `intensified low-rise' on 2024 recommends in the SGA -1 zone. any residential parcel. n/a To use site plan control to Jan. 29th Kitchener uses site plan control where it has the guide development in 2024 authority to do so, city-wide. SGA -1 areas. Templates are not in scope. The City cannot To develop architectural require a developer use a specific template. templates for development. Staff are not recommending further delay to the implementation of Growing Together. To delay implementation of SGA -1 zones. It is not in scope to consider process changes such as the one suggested, nor is it appropriate for the To implement a policy City to appeal its own committee of adjustment automatically appealing decisions. committee of adjustment applications. Parkland Request to consider Feb. 9th Applying parkland land uses and zones is not in parkland through Growing 2024 the scope of Growing Together. The City's Together parkland acquisition strategy is being developed through the Places & Spaces project. Page 19 of 592 Property Request Date Status Growing Together has considered the open space needs of residents as we grow. It does this most directly through amenity space requirements within new development for larger buildings. On smaller buildings, removing minimum parking requirements will make more land available for open space. 393-395 To apply SGA -4 zone Feb. 11th Change not made. Submission not made. Charles rather than the 2024 However, staff were able to meet with the St. S. recommended SGA -3 landowners at the Feb. 29th open house and gave zone. further context around the SGA -C land use and the flexible pathways to development available once a concept is produced. 51 Benton To apply SGA -4 zone Feb. 22nd Change not made. However, submitted concept rather than the 2024 design notes the proposed building height at 16 recommended SGA -3 storeys, which is permitted within the SGA -3 zone. maximum building height of 25 storeys. Therefore, no change is necessary. Midtown To request that SGA -4 Feb. 24th Growing Together implements transition in 2 ways. zoned properties not be 2024 First, through the application of the zones, with permitted adjacent to SGA -1 next to SGA -2, next to SGA -3, next to SGA -1 zoned properties. SGA -4. This is achieved for approximately 85% of all properties in the study area. One of the places where SGA -4 abuts SGA -1 is along Agnes St., however, that was not the draft recommended approach; those properties were proposed as SGA -2 for the purpose of creating more gradual transition over time. However, staff received a submission from several Agnes St. landowners requesting an SGA -1, rather than SGA -2 zone for their properties. Staff evaluated this request, and the change was made. Staff have also responded to concerns of taller buildings being close to low-rise areas, by implementing an additional transition regulation limiting building height to 30m within 30m of low- rise areas. These changes represent a balanced approach to transition that is a best -fit of all viewpoints heard throughout the process. HCDs To remove all SGA -2 and Feb. 26th There are two heritage conservation districts within 3 zoning from heritage 2024 the PMTSA boundaries - the Victoria Park Area conservation districts. Heritage Conservation District and Civic Centre Heritage Conservation District. These conservation districts are legally protected under the Ontario Heritage Act, and each heritage conservation district has a District Plan which includes policies and guidelines related to ongoing conservation work, as well as policies and guidelines that need to be satisfied for new buildings, alterations, building conversation, and demolition. Page 20 of 592 Property Request Date Status As a rule, unless the building is structurally unsafe, demolition is strongly discouraged for designated buildings by the plans and city staff as well. As such, the proposed zoning changes will not threaten these HCDs. The zoning that is being proposed is in keeping with policies and guidelines that have been included in the Heritage Conservation District Plans and are in -fact being re -enforced with the introduction of certain policies within the Official Plan that speak to the HCD Plan prevailing over the zoning -bylaw in case of a conflict. 648 King To apply an SGA -3 zone Feb. 261h Revised change made to apply SGA -B land use St. W., 12- rather than the 2024 rather than the recommended SGA -A land use, 16 recommended SGA -2 keeping the zoning as SGA -2. As a concept plan Wellington zone. was not provided, this allows increased flexibility St. N. for a taller building through a future ZBA application when those supporting materials can be provided. Planning justification re: 15.D.2.5 was provided in support of the submission. Justification notes that the assembly would meet the lot area requirements of the SGA -3 zone. Proximity to multi -modal hub also noted. CO Civic A number of requests Feb. 281h Change made, based on submitted letter and District regarding permitted uses 2024 follow-up conversations. Pawn Establishment, in the SGA -1 zone, Payday Loan and Financial Establishment have regulations for signs, been removed as permitted uses in the SGA -1 revised height limits for zone. Staff continue to recommend the proposed buildings, and site- regulations in the SGA zones as outlined in the specific permitted uses. January 29 report. All Areas A letter in support of a Feb. 29th No change required, letter in support. Letter broad range and mix of 2024 reflects the strong support for mixed use in the uses recommended within SGA -1 zone heard throughout the community the SGA -1 zone. engagement process. 70 Borden To apply an SGA -C land Feb. 29th These lands are within a floodplain. Floodway use and an SGA -4 zone 2024 portions of floodplains cannot legally permit to the subject property. development. These lands are also within the Schneider/Shoemaker Creek EA study area which is ongoing and will ultimately determine changes to the floodplain once the creek restoration is complete. Staff will continue to work collaboratively with the Grand River Conservation Authority on updates to the floodplain as expeditiously as possible and are Page 21 of 592 Property Request Date Status exploring opportunities to confirm updated floodplain limits later in 2024. 4 :J h Agnes St. To apply an open space Feb. 291h Change not made. The City's parkland acquisition zone to the Ontario Seed 2024 strategy is being developed through the Places & property rather than the March 4, Spaces project. Applying new open space land recommended SGA -4 2024 uses is not within the scope of Growing Together. zone. (a letter was submitted, this request Such a change would need to be pursued in was made in person at collaboration with the landowner (who have the open house on submitted in support of their recommended land February 291h) use and zoning), with Parks staff and with Council, as it may obligate the City to acquire the land at a market -rate price. Further, the Ontario Seed property is a large site that is a 5 -minute walk from the ION Central station and the future Multi -Modal Hub. 45-53 To remove site-specific Feb. 29th Revised. As the intended zoning for the balance of Courtland regulations applied to the 2024 the Courtland Ave. corridor, SGA -2 is appropriate. Ave. site and proceed under As noted in the submitted letter, the SGA -2 zone the recommended SGA -2 provides necessary permissions to enable housing zoning. supply in mid -rise form. King/ To apply an SGA -4 zone March 1St Change made based on complete submission Ontario to specific properties 2024 meeting criteria. Concept design meets SGA -4 within a land assembly on zoning regulations and maintains mid -rise the block rather than the condition along King St. frontage. recommended SGA -2 zone. O 84 To apply an SGA -4 zone March 4th Change not made. Concept does not meet built - Frederick rather than the 2024, form regulation for physical separation. SGA -C St. recommended SGA -3 March 13th land use allows flexible pathways to site-specific zone. 2024 development. 659-667 To apply an SGA -C land March 4th Change made to revise land use to SGA -C and to King St. use and an SGA -4 zone 2024 zone the King St. W. facing properties to SGA -4. rather than the Page 22 of 592 Property Request Date Status 52-54 & recommended SGA -B Walter St. facing properties to remain SGA -3, to 58-60 land use and SGA -3 support built form transition to nearby low-rise. Walter St. zone. t SA— CO co 8H) S� 300-400 To apply an SGA -C land March 4th Change made based on complete submission King St. use and SGA -4 zone 2024 meeting criteria. Concept design meets SGA -4 W. rather than the zoning regulations. recommended SGA -B land use and SGA -2 zone. z" hA4, E w SAr 2 CO 61 & 65 To remove site-specific March 6th Change made. Site-specific regulation removed. Roy St. regulation for 5 units 2024 Any application for additional units will still need to within an existing building. proceed through heritage permit application. 27 Pine To apply an SGA -3 zone March 7th Change not made. Proof of ownership not St. rather than the 2024 provided. Planning justification re: policy 15.D.2.5 recommended SGA -2 not provided. Submission email notes the need for zone. site-specific reductions for physical separation. Concept provided demonstrated non-compliance with the regulations in the SGA -3 zone. Property is recommended for SGA -B land use, allowing ZBA process through which site-specific consideration could proceed in the future. 115 To apply an SGA -3 zone March 13th Change not made. Concept design demonstrates Benton St. rather than the 2024 non-compliance with the built -form transition recommended SGA -2 regulations in the SGA -3 zone. zone. Property is recommended for SGA -B land use, allowing ZBA process through which site-specific consideration could proceed in the future. Page 23 of 592 STRATEGIC PLAN ALIGNMENT: This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. PREVIOUS REPORTS/AUTHORITIES: • Municipal Act, 2001 • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • Regional Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 • Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework DSD -2024-005 • Growing Together — Engagement Summary Report Overview DSD -2023-251 • Downtown Kitchener (DTK) Vision and Growing Together Workshop DSD -2023- 197 • Neighbourhood Specific Urban Design Guidelines DSD -2021-92 • Statutory Public Meeting Neighbourhood Planning Review DSD -19-252 • PARTS Rockway Plan CSD -17-100 • PARTS Midtown Plan CSD -17-090 • PARTS Central Plan CSD -16-015 REVIEWED BY: Natalie Goss, Manager, Policy & Research APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Proposed Official Plan Amendment (PMTSA lands) Attachment B — Proposed Official Plan Amendment (non-PMTSA lands) Attachment C — Proposed Official Plan Amendment (removal of secondary plans) Attachment D — Proposed Zoning By-law Amendment (PMTSA lands) Attachment E — Proposed Zoning By-law Amendment (non-PMTSA lands) Attachment F — Public Submissions Received Post -January 29, 2024 Page 24 of 592 DSD -2024-128 Attachment 'A' AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER Cy��'�i]�:��r�la�►1�:7 Growina Toaether— Protected Maior Transit Station Areas Page 25 of 592 DSD -2024-128 Attachment 'A' AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER Growing Together — Protected Maior Transit Station Areas 1101§10-4 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 — January 5, 2024 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 29, 2024 APPENDIX 3 Minutes of the Meeting of City Council — March 18, 2024 Page 26 of 592 DSD -2024-128 Attachment 'A' 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 incorporate modifications to the text and mapping of the Official Plan in order to implement a new land use planning framework for seven of the City's ten Protected Major Transit Station Areas. SECTION 3 — BASIS OF THE AMENDMENT Planning staff have undertaken the Growing Together project, which includes developing a new planning framework for the City's PMTSAs. This project continues the planning review process that began in 2013 with the Planning Around Rapid Transit Stations (PARTS) plans and advanced through the Neighbourhood Planning Review (NPR) project through 2021. A significant portion of the lands within the 7 PMTSAs that form the Growing Together study area are currently located within existing secondary plans. These secondary plans are comprised of policy text and land use mapping. The existing secondary plan policies include policy language that is repetitive with other secondary plans and the parent Official Plan document. Additionally, the existing secondary plan boundaries do not align with the confirmed PMTSA boundaries as established by the Region and approved by the Province in April 2023. The recommended planning framework being brought forward as part of Growing Together focuses on the application of new "Strategic Growth Area" land use designations on lands within a PMTSA and previously designated in a secondary plan, or lands with an existing Urban Growth Centre land use designation. The amendment does not apply to lands with an active development application and/or lands subject to an Ontario Land Tribunal (OLT) appeal. The application of the recommended Strategic Growth Area land use designations provides a consistent land use planning approach across all PMTSAs and is applies exclusively to the regionally established and provincially approved boundaries. The following text provides additional information on the basis of this Official Plan Amendment. Urban Structure Modifications City staff are recommending that lands identified as the "Area of Amendment" on Schedule `A' be assigned "Protected Major Transit Station Areas" on Map 2 — Urban Structure. The Urban Structure modifications are administrative in nature, as the recommended mapping amendment would reflect the PMTSA boundaries that were established by the Region through Regional Official Plan 6 (ROPA 6) and approved by the Minister of Municipal Affairs and Housing on April 11, 2023. Land Use Modifications City staff are recommending that lands identified as "Lands subject to this amendment' on Schedule `B' be redesignated as shown on Schedule `B'. The purpose of the recommended land use changes are to introduce and apply 3 new Strategic Growth Area land uses to lands within the affected PMTSAs, and redesignate lands from existing land use designations in applicable secondary plans or from existing Urban Growth Centre land use designations to equivalent land use designations in the 2014 City of Kitchener Official Plan. New Strategic Growth Area land uses were developed to apply within these PMTSAs to help ensure that there is a land use framework that performs well in complex, challenging, and highly diverse areas. Page 27 of 592 DSD -2024-128 Attachment 'A' Protected Major Transit Station Areas and Urban Growth Centre Planning staff are recomending that existing Official Plan Map 4 Urban Growth Centre be repealed and replaced with the map contained in Schedule `C' to delineate the boundaries of the Protected Major Transit Station Areas within Kitchener and maintain the delineation of the Downtown Kitchener Urban Growth Centre. The map contained in Schedule `C' is consistent with the delineated Protected Major Transit Station Area boundaries identified in Region of Waterloo Official Plan Amendment 6. Specific Policy Area Modifications Planning staff are recommending amendments to several Specific Policy Areas, as shown on Schedule `D'. Existing policy 15.D.12.18 is recommended to be repealed as 134 & 152 Shanley Street are subject to site-specific zoning provisions and is currently under construction. This specific policy area number is recommended to be repurposed for a specific policy area for 301 Victoria Street South, subject to another amendment, which is an existing Special Policy Area of the Victoria Street Secondary Plan that applies to this property. This amendment will bring the existing Specific Policy Area into the 2014 Official Plan from the Victoria Street Secondary Plan. Existing policy 15.D.12.28 pertaining to Glasgow/Strange Street is recommended to be amended to change the land use reference from Mixed Use to Strategic Growth Area C to align with the recommended land use change for these lands. Existing policy 15.D.12.39 is recommended to be repealed as the recommended official plan amendment will make the existing Specific Policy Area that applies to these lands unnecessary. The Specific Policy Area applying to Breithaupt Block Phase 3 includes language that establishes a maximum floor space ratio of 4.5. This specific policy area number is recommended to be repurposed for a specific policy area for 607-641 King Street West which is an existing Special Policy Area for these lands from the KW Hospital Secondary Plan. This amendment will facilitate the deletion of the KW Hospital Secondary Plan. Existing policy 15.D.12.54 is recommended to be repealed as the recommended official plan amendment will make the existing Specific Policy Area that applies to these lands unnecessary. The Specific Policy Area applying to 368-382 Ottawa Street South & 99-115 Pattandon Avenue includes language that establishes a maximum floor space ratio of 2.5. This specific policy area number is proposed to be repurposed for a specific policy area for 79 Joseph Street which is an existing Special Policy Area for these lands from the Victoria Park Secondary Plan. This amendment will facilitate the deletion of the Victoria Park Secondary Plan. Existing policy 15.D.12.62 is recommended to be repealed as the recommended official plan amendment will make the existing Specific Policy Area that applies to these lands unnecessary. The Specific Policy Area applying to 455-509 Mill Street includes language that establishes a maximum floor space ratio of 8.5. Cultural Heritage Resources Modifications Planning staff are recommending text amendments to Section 12 — Cultural Heritage Resources of the Official Plan to implement policies specific to the Cedar Hill and Schneider Creek Neighbourhood Cultural Heritage Landscape and mapping amendments to Map 9 of the Official Plan, as shown on Schedule `E'. Planning staff are recommending that Map 9 be amended to introduce the geographic extent of all Cultural Heritage Landscapes (CHL) located wholly within the Growing Together geography, allowing for the continued conservation of cultural heritages resources within the City. Text amendments are recommended to be added to confirm that where there is a conflict between the Official Plan and a Heritage Conservation District Plan, the Heritage Conservation District Plan prevails. Page 28 of 592 DSD -2024-128 Attachment 'A' Planning staff are of the opinion that the Official Plan Amendment is consistent with and conforms to the Planning Act, Provincial Policy Statement (2020), A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and the Regional Official Plan (2010), and represents good planning. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: a. Map 2 — Urban Structure is amended as shown by "Lands subject to this amendment on the attached Schedule `A'; b. Map 3 — Land Use is amended as shown by "Lands subject to this amendment' as shown on the attached Schedule 'B'; c. Map 4 — Urban Growth Center (Downtown) is repealed in its entirety and replaced with Map 4 Protected Major Transit Station Areas and Urban Growth Centre on the attached Schedule 'C': d. Map 5 — Specific Policy Areas is amended by: Deleting existing Specific Policy Area 39 'Breithaupt Block Phase 3' and replacing it with new Specific Policy Area 39'607-641 King St W as shown on the attached Schedule 'D'; Deleting existing Specific Policy Area 54 '368-382 Ottawa St S & 99-115 Pattandon Ave' and replacing it with new Specific Policy Area 54 '79 Joseph St' as shown on the attached Schedule 'D'; iii. Deleting existing Specific Policy Area 62 '450-509 Mill St' as shown on the attached Schedule 'D'; e. Map 9 — Cultural Heritage Resources is amended as shown by "Lands to be added subject to this amendment" on the attached Schedule 'E'; The City of Kitchener Official Plan is hereby further amended by replacing the term "Major Transit Station Areas" with "Protected Major Transit Station Areas" throughout.; 3. The City of Kitchener Official Plan is hereby further amended by adding the portions of the below text that are highlighted in grey, and deleting the portions of the below text in with a 4;kgI4 thereto as follows: a. Part B, Section 2.13.1 is amended by adding the following after the section titled "Healthy Community": A vision for Downtown (DTK) Kitchener's Downtown has historically been known by its four design districts. The Innovation District, focused along Victoria Street, features the adaptive reuse of historical buildings and continues to evolve into a contemporary urban mixed-use neighbourhood with a focus on high-density residential with high-tech and health science offices. The Civic District, planned through a mid-century district plan as a centre for civic and cultural institutions, continues to evolve, maintaining its status as an arts and culture hub but adding a broader mix of uses that will help create a more complete community in and around it. The Market District is focused around the Kitchener Market mixed-use development and features a variety of building forms with Page 29 of 592 DSD -2024-128 Attachment 'A' unique opportunities for a market -related mix of uses such as along Market Lane and Moyer Place. The City Centre District is the heart of urban life within the core of downtown Kitchener. Shops, services, events and celebrations are focused along King Street and supported by Gaukel Street, Ontario Street and Queen Street. This includes the intersection of King Street and Queen Street as "The Royal Crossroads" — the historical nexus of old Berlin. In 2023, through a city -initiated project, a community led working group developed a vision and series of principles to guide the future of downtown Kitchener. The vision and principles are centered on vibrancy, connection and belonging. Vibrancy DTK is at its best when it has a feeling of electricity in the air, but it shouldn't be reliant on programming and events to create this feeling. Vibrancy should be a permanent fixture. It's not just about bustling streets, it's about an undercurrent of creativity and a positive energy in DTK that makes people want to be there any day of the week. Connection Connection isn't only about being social and it's not just for those who live in DTK — it's for anyone who spends time here. It's about comfort and accessibility. It's about being drawn to particular spaces. It means staying rooted in past places and memories while being part of new shared experiences. Belonging Belonging is bigger than the people you spend time with — it's when you know what to expect from a place or experience and always find it. There's an element of deep familiarity and relaxation. You feel free to be your authentic self without fear of being judged. b. Part C, Section 3, Policy 3.C.2.12 is amended as follows: 3.C.2.12 The Urban Growth Centre (Downtown) is toe a primary Urban Structure Component and Intensification Area. The planned function of the Urban Growth Centre (Downtown) is to accommodate a significant share of the region's and city's future population and employment growth."; c. Part C, Section 3, Policy 3.C.2.14 is amended as follows: 3.C.2.14 The Urban Growth Centre (Downtown) is planned to be a vibrant regional and citywide focal point and destination and is intended to be the-Glty''s a primary focal point for residential intensification as well as for investment in institutional and region -wide public services, commercial, office, recreational, cultural and entertainment uses."; d. Part C, Section 3, Policy 3.C.2.15 is amended as follows: 3.C.2.15 aepepdiRg ^.A +"P- iAtepdedG1es+gn^"�Gter, FaRge Gf616e6 a d- deals+t;esd-ee1:Red apprGpriate fgF aGhReViRgth-re—GVefi ;ned 1, 2Rd4, The predominant land use designations for the Urban Growth Centre (Downtown) as detailed in Section 15.D.2 will include Page 30 of 592 DSD -2024-128 Attachment 'A' +thn Gi yG +ro n+ n Iii n+ n„n+inr, Iii n+ rL �+t ens,-� s#-r�� s#�'�� 8t1'-�� 2t DiiGtin+�- d MixedI-hse Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C." e. Part C, Section 3.C.2 is amended by adding "Protected" to the heading titled "Major Transit Station Area"; f. Part C, Section 3, Policy 3.C.2.16 is amended as follows: 3.C.2.16. Protected Major Transit Station Areas are dosed delineated in the Regional Official Plan; and are identified on Map 2 and Map 4. awe a nnnnon+6lal Fepre SeRtatinn of. +ho of. -A +on RA -Rite WalkiRg ror1iis Major Transit Station Areas are Protected Major Transit Station Areas in accordance with Section 16(16) of the Planning Act." g. Part C, Section 3, Policy 3.C.2.17 is amended as follows: ith4p s; ;;t3tp�. ept�ai--r'T��nhhn� ice, rt a� �nihinh nro �� r�rim�� 6fGF +hrnl gh the nni irse nF I 4ron Dln nniRn ovorniccc Policies a) through d) above should not be interpreted to mean that every property located within a Protected Major Transit Station Area is necessarily appropriate for major intensification. h. Part C, Section 3.C.2 is amended by adding new policy 3.C.2.18 as follows: "3.C.2.18. The following Protected Major Transit Station Areas shall be planned to achieve the following minimum densities: a) Grand River Hospital Station: 160 residents and jobs combined per hectare; b) Central Station: 160 residents and jobs combined per hectare; C) Victoria Park and Kitchener City Hall Station: 160 residents and jobs combined per hectare; d) Queen and Frederick Station: 160 residents and jobs combined per hectare; e) Kitchener Market Station: 160 residents and jobs combined per hectare; f) Borden Station: 160 residents and jobs combined per hectare; g) Mill Station: 160 residents and jobs combined per hectare; h) Block Line Station: 80 residents and jobs combined per hectare; i) Fairway Station: 160 residents and jobs combined per hectare; and, 7 Page 31 of 592 DSD -2024-128 Attachment 'A' D Sportsworld Station: 160 residents and jobs combined per hectare." i. Part C, Section 3, existing Policy 3.C.2.18 is renumbered to 3.C.2.19 and Part C, Section 3 existing policy 3.C.2.19 is renumbered to 3.C.2.20; j. Part C, Section 3 existing policy 3.C.2.20 is deleted in its entirety; k. Part C, Section 3 policy 3.C.2.48 is amended as follows: "3.C.2.48 New major institutional uses should be located in the Urban Growth Centre (Downtown), a Protected Major Transit Station Area or a City Node `Vhoro I-apds aro designated- IHc+l+li4inp-al ;c id-eptifie-d nn Map 2 in accordance with the applicable land use policies in Section 15." I. Part C, Section 3, Figure 6: Summary of the Urban Structure and Predominant Land Uses is amended by adding the portions of the below text that are highlighted in grey, and deleting the portions of the below text in with a strikethrough thereto as follows: Figure 6: Summary of the Urban Structure and Predominant Land Uses Urban Growth Centre (Downtown) City ren+re nis+rir- Strategic Growth Area A �GiVin nic+rin+ Strategic Growth Area B Innnya+inn nic+rin+ Strategic Growth Area C fi xArl llcA TBD by Q+a+inn Arna Plan Cvnrnicn Strate is Growth Area A Protected Major Transit Station Area Strategic Growth Area B Strategic Growth Area C m. Part C, Section 6, policy 6.C.3.17 is amended as follows: 6.C.3.17. The City, in planning for land uses in the vicinity of the Region of Waterloo International Airport, will: a) ensure conformity with the applicable policies in the Regional Official Plan; b) prohibit any land use or structure which could affect the operation of the Airport, cause a potential aviation safety hazard, or be incompatible for reasons of public health, safety or environmental concerns; C) ensure that sensitive land uses are designed, buffered and/or separated from each other to prevent adverse effects from odour, noise and other contaminants; d) require the provision of warning clauses, where appropriate through the development review process, advising owners in 8 Page 32 of 592 DSD -2024-128 Attachment 'A' the vicinity of the Region of Waterloo International Airport of potential lighting and height restrictions and of the potential for noise -related impacts; and, e) ensure conformity with Transport Canada's Region of Waterloo International Airport Zoning Regulations; and f) use holding provisions in the Zoning By-law to require a land use assessment or aeronautical assessment to determine building and structure heights, including temporary structures, for lands identified within the identified within the Land Use Assessment CYKF — KITCHENER/WATERLOO, ON RNAV (RNP) Y RWY 08-RNP0.3" prepared by IDS North America dated October 3, 2023 until such time as the Region of Waterloo completes their Region of Waterloo International Airport Master Plan update in progress in 2024 and any necessary updates to the Federal Airport Zoning Regulations have been completed. n. Part C, Section 11 is amended by adding the following policies after policy 11.C.1.33, as follows: 11.C.1.34. New tall building development and/or redevelopment will have consideration for tall building design principles including physical separation, overlook, relative height, floor plate area, building length, tower placement, orientation and building proportion, among others. The City will provide design criteria for tall buildings through zoning regulations and the urban design manual, where appropriate. This is to: a) mitigate environmental impacts caused by tall buildings such as shadows, accelerated winds, access to light and sky and more; b) create high-quality design relationships between the built -forms of multiple adjacent or nearby towers that account for occupant privacy and quality of life, contribute toward a visually interesting skyline, and ensure good compatibility between buildings in dense, urban environments. c) ensure good compatibility with surrounding low and mid -rise contexts. d) ensure that the development of future, adjacent or nearby tall buildings is not frustrated and can continue to achieve high-quality design principles.; Design in Cultural Heritage Landscapes 11.C.1.35. New development or redevelopment in a cultural heritage landscape will: a) support, maintain and enhance the major characteristics and attributes of the cultural heritage landscape further defined in the City's 2014 City of Kitchener Cultural Heritage Landscapes; Page 33 of 592 DSD -2024-128 Attachment 'A' b) support the adaptive reuse of existing buildings; c) be compatible with the existing neighbourhood, including but not limited to the streetscape and the built form; and, d) respond to the design, massing and materials of the adjacent and surrounding buildings.; Design in Protected Major Transit Station Areas 11.C.1.36. In addition to the policies in this section, development and/or redevelopment and public works will require a high standard of urban design in Protected Major Transit Station Areas and will require a site- specific urban design brief and/or urban design report in accordance with Section 17.E.10 to demonstrate how the development application exemplifies high quality urban design and will contribute to the public realm and placemaking in the station area and around the station stop. 11.C.1.37. The City will require development and/or redevelopment and public works in the Protected Major Transit Station Area to support and contribute to a high quality public realm. To do this the City will: a) ensure streetscape design supports safe and comfortable walking, cycling and rolling throughout the station area, including to and from transit stops. b) require a high quality public realm at grade which includes sidewalks, street furniture, street trees and landscaping. Where this is not achieved within the public right of way, encourage these placemaking elements to be located on private property or in shared ownership. C) require developments to support, maintain and/or increase the tree canopy, where possible, to support Kitchener's Sustainable Urban Forestry Strategy. d) Encourage Low Impact Development ("LID") water management techniques, including materials and plantings that have a high infiltration rate within boulevards and setbacks, to reduce the impact on the city's stormwater management system; e) encourage landscape screening between the public right of way and any visible surface parking, loading/service areas or back of house functions. f) encourage pedestrian shelter and bicycle parking along streets that connect to transit stops and/or contain existing or planned active transportation infrastructure. g) encourage direct connections from private and public development to existing and proposed active transportation infrastructure, such as public trails; 10 Page 34 of 592 DSD -2024-128 Attachment 'A' h) encourage the provision of public open spaces, public art, wayfinding, and other creative placemaking interventions in private developments; and, i) require active transportation connections and mid -block connections through development and/or redevelopment, where appropriate." o. Part C, Section 12 is amended by adding the following after policy 12.C.1.49: "Cedar Hill and Schneider Creek Neiahbourhood Cultural Heritaae Landscaoe 12.C.1.50. Policies 12.C.1.51 through 12.C.1.53 apply to lands identified as Cedar Hill and Schneider Creek Neighbourhood Cultural Heritage Landscape on Map 9 — Cultural Heritage Resources. 12.C.1.51. The Cedar Hill and Schneider Creek Neighbourhood contains several Priority Locations at gateway locations which facilitate views into and out of the neighbourhoods, accentuating the unique topography of Cedar Hill interfacing with existing low density residential uses on local streets. They include: a) the intersection of Charles Street East and Cedar Street looking to the southwest; b) the intersection of Courtland Avenue East and Cedar Street looking to the northeast; C) the intersection of Courtland Avenue East and Madison Avenue North looking to the northeast; d) the intersection of Courtland Avenue East and Peter Street looking to the northeast; e) the intersection of Charles Street East and Eby Street looking to the southwest; f) the intersection of Benton Street at St. George Street looking to the southeast; and, g) the intersection of Benton Street at Church Street looking to the southeast. Corner properties framing the above referenced intersections are identified as being Property of Specific Cultural Heritage Landscape Interest. In these locations, consideration will be giving to transition of built form to protect and enhance views of the hill and the local streetscape features characteristic of this neighbourhood. New development and/or redevelopment should appropriately frame the intersection, especially where a building of cultural heritage interest is located at the corner."; 12.C.1.52. The view atop Cedar Hill from Cedar Street looking to the southwest is a unique view from the Cedar Hill Schneider Creek Neigbourhood of 11 Page 35 of 592 DSD -2024-128 Attachment 'A' the City and of the countryside beyond. Properties contained within Cedar Hill viewshed are identified as being Property of Specific Cultural Heritage Landscape Interest. The City will regulate building height, setbacks and built form along Cedar Street and along Courtland Avenue East to protect and enhance this view. The City will also encourage and support enhancements to the public realm in the location atop of Cedar Hill to contribute and enhance the pedestrian experience and enjoyment of the view. 12.C.1.53. The principal facades of buildings and park frontages will be encouraged to locate and orient themselves at the termination of a street or view corridor or at a street intersection, in order to support and enhance the significance of the Priority Location or the view or vista."; p. Part D, Figure 9: Land Use Designations is amended as follows: Figure 9: Land Use Designations Gity G8Rtrc nic+rin+ Strategic Growth Area 0 r Over, Il'c+rin+ Strategic Growth Area B Strategic Growth AreWC N&LL ic q. Part D, Section 15.D.2 is amended by deleting the title "Urban Growth Centre (Downtown) and replacing it with "Strategic Growth Area"; r. Part D, Section 15.D.2 is amended by deleting the text in the preamable in its entirety and replacing it with the following: "Strategic growth area land use designations are applied within the Urban Growth Centre and Protected Major Transit Station Areas, which are Intensification Areas that will be planned and designed to meet the needs of all who live, work, and visit here. These lands will provide opportunities for all housing types and a range of commercial, employment and institutional uses to create complete communities. Strategic growth areas include lands within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. These areas will accommodate a significant portion of Kitchener's growth. Strategic growth areas will prioritize housing and employment growth, sustainability, active transportation and public transit, and high- quality urban design. 12 Page 36 of 592 DSD -2024-128 Attachment 'A' The whole of the Downtown is identified as an Urban Growth Centre in both the Province's A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Regional Official Plan which demonstrates the importance of Kitchener's Downtown. The Urban Growth Centre (Downtown) will accommodate a significant portion of the city's new population and employment growth. Strategic growth areas predominantly include three land use designations: Strategic Growth Area A; Strategic Growth Area B; and Strategic Growth Area C."; s. Part D, Section 15, objective 15.2.1 is amended by replacing "a lively and livable Downtown" with "vibrancy, connection and belonging in strategic growth areas"; Part D, Section 15, objective 15.2.2 is amended as follows: 15.2.2 To encourage non-residential uses that support complete communities. nnmrnoYnl AI ,leve ;;Ad thncc rotAMI ;;Ad nnrrmmorn;;I neve that c„nnnrF rc ei4inrr�d_8V8lGPRq8Rt VVithiA Oho rJGWRtn,e,n and Within adjaG8Rt ReighbGW�hgAGJG u. Part D, Section 15, objective 15.2.3 is amended as follows: 15.2.3. To support King Street within the Gity QeRtre Distrin+ -nrl the Market F)2s;trept Downtown as a primary retail and events destination"; v. Part D, Section 15, objective 15.2.4 is amended as follows: 15.2.2 To increase all forms of residential development vVi+hir, the I Irh �n QpAtFe in strategic growth areas." w. Part D, Section 15, objective 15.2.5 is deleted in its entirety; x. Part D, Section 15, objectives 15.2.6 through 15.2.8 are renumbered as objectives 15.2.5 through 15.2.7; y. Part D, Section 15, objective 15.2.9 is amended by being renumbered 15.2.8 and is further amended as follows: 15.2.8. To promote the effective use of existing infrastructure by attracting and encouraging more residents and jobs to strategic growth areas." z. Part D, Section 15, objective 15.2.10 is deleted in its entirety; aa. Part D, Section 15, objective 15.2.11 is amended by being renumbered 15.2.9, and is further amended as follows: 15.2.9. To support the Downtown3 as a centre for government, marts, culture, GWIWFal, and entertainment, and events. A gathering plane fpr eVe Rts and eXpe ieRGes as a P%aRc 4n 13 Page 37 of 592 DSD -2024-128 Attachment 'A' bb. Part D, Section 15, objective 15.2.12 is amended by being renumbered 15.2.10, and as is further amended as follows: 15.2.10. To create and maintain walkable, cyclable, and rollable strategic growth areas." cc. Part D, Section 15, objective 15.2.13 is amended by being renumbered as objective 15.2.11; dd. Part D, Section 15, policy 15.D.2.1 is amended as follows: 15.D.2.1. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas, as shown on Map 3 and Map 4, ahr_ also Lr,ewp as; the will be the primary focus areas in the city for intensification. ee. Part D, Section 15, policy 15.D.2.2 is amended by repealing the text in its entirety and replacing it as follows: 15.D.2.2. The Strategic Growth Area land use designation will only apply to lands identified on Map 2 as Urban Growth Centre (Downtown) or Protected Major Transit Station Areas. The City may apply the Strategic Growth Area land use designations to other areas though a future City -initiated process." ff. Part D, Section 15, policy 15.D.2.3 is amended as follows: 15.D.2.3. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be planned: a) as a focal area for public gatherings, institutions, and services, irnioc4mcr4 ire inc4i4i4inn�l and rcninn WiG18 n61blin coniinoc as well as commercial recreational, cultural, and entertainment uses; b) to accommodate and support major transit infrastructure; c) to serve as a high density major employment location that will attract provincially, nationally e -r and internationally significant employment uses; d) to accommodate a significant share of the city's population and employment growth; and, e) to provide services and amenities to attract population growth. gg. Part D, Section 15, policy 15.D.2.4 is amended as follows: 15.D.2.4. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be planned for continued commercial viability and all other land use designations allowing commercial development will have regard for and in no way compromise this planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. hh. Part D, Section 15 is amended by adding new policies 15.D.2.5 through 15.D.2.8 after policy 15.D.2.4: 15.D.2.5. Notwithstanding policies 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor 14 Page 38 of 592 DSD -2024-128 Attachment 'A' variance(s) or amendment to the Zoning By-law, and/or seek to amend this Plan will consider the following factors: a) compatibility with the planned function of the subject lands and adjacent lands; b) suitability of the lot for the proposed use and/or built -form; c) lot area and consolidation as further outlined in Policy 3.C.2.11; d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; e) cultural heritage resources, including Policy 15.D.2.8; and, f) technical considerations and other contextual or site specific factors. 15.D.2.6. The implementing zoning may regulate matters related to built form including, but not limited to, building length, floor plate area, on-site separation between buildings, and off-site separation between buildings. 15.D.2.7. Large scale developments will be expected to provide appropriate landscaping in accordance with the City's Urban Design Manual through the Site Plan Control process. 15.D.2.8. In a Heritage Conservation District, where there is a conflict between the policies in this land use designation and the Heritage Conservation District Plan, the Heritage Conservation District Plan will prevail." ii. Part D, Section 15, existing policy 15.D.2.5 is amended by being renumbered 15.D.2.9, and is further amended as follows: 15.D.2.9. The City will direct new major office and major institutional developments to locate within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas, Pa Ft'G611arly ,.,,thin the Irfrlr\w;tOAA Dostrir4 n jj. Part D, Section 15, existing policy 15.D.2.6 is amended by being renumbered to 15.D.2.10, and is further amended as follows: "15.D.2.10. The City will discourage the development or retention of some uses within or in close proximity to the Downtown and Protected Major Transit Station Areas which would conflict with the planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas." kk. Part D, Section 15, existing policy 15.D.2.7 is amended by being renumbered 15.D.2.11, and is further amended as follows: 15.D.2.11. The City will encourage the development and retention of food stores within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas." 15 Page 39 of 592 DSD -2024-128 Attachment 'A' II. Part D, Section 15, existing policy 15.D.2.8 is amended by being renumbered 15.D.2.12, and is further amended as follows: 15.D.2.12. The City will encourage the development and retention of institutional uses and cultural facilities within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas." mm. Part D, Section 15, existing policy 15.D.2.9 is amended by being renumbered 15.D.2.13 nn. Part D, Section 15 existing policy 15.D.2.10 is amended by being renumbered 15.D.2.14, and is further amended as follows: 15.D.2.14. New predominately auto -exclusive uses such as car washes, drive- through facilities, gas stations, the sale and/or repair of motor vehicles and commercial parking facilities will only be permitted in the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas on the basis of a sitespecific amendment to this Plan. In considering applications for site-specific Official Plan amendments, such applications will need to demonstrate the following: a) the use can maintain consistency with the objectives of this Plan, and in particular the objectives of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas; b) will not conflict with the planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas, and will not preclude the intensification of the site;" oo. Part D, Section 15is amended by adding the following after policy 15.D.2.14: 15.D.2.15. The City recognizes that new sensitive uses will be introduced through development and redevelopment within areas historically designated for industrial employment. The City anticipates the eventual relocation of existing industrial uses. In the interim, new sensitive uses should prioritize sensitivity to existing industrial uses, acknowledging their unique operational requirements. Emphasizing land use compatibility, development applications for new sensitive uses should proactively engage with industrial stakeholders to address potential conflicts and implement measures that enable coexistence until a full land use transition is realized." pp. Part D, Section 15, existing policies 15.D.2.11 through 15.D.2.17 are amended by being renumbered, as 15.D.2.16 through 15.D.2.22 accordingly; qq. Part D, Section 15, existing policy 15.D.2.18 is amended by being renumbered 15.D.2.23, and is further amended as follows: 15.D.2.23. The City will limit the spa4eaAd-height of buildings along +;tQ 5;trtQtt edge aIGRg-King Street West between Water Street and Queen Street whereappF pFiate tG eRsure adequate 66IR eXP96648eRhaRGePHARt of the pedes#iap realrrm and to onceire hu pAap crale of deye!Gppimto conserve a historical mid -rise main street condition intended to serve a public realm where frequent large scale events and celebrations are held. 16 Page 40 of 592 DSD -2024-128 Attachment 'A' rr. Part D, Section 15, existing policy 15.D.2.19 is deleted in its entirety, inclusive of the subheading titled "Bonusing"; ss. Part D, Section 15is amended by adding the following after policy 15.D.2.23: "Parkland 15.D.2.24. New parks and active or passive recreational uses will be permitted within any Strategic Growth Area land use designation. 15.D.2.25. As a part of the required parkland dedication, land dedication will be encouraged over alternative forms such as cash -in -lieu for the creation of new public parks."; tt. Part D, Section 15, policy 15.D.2.20 is amended by being renumbered 15.D.2.26, and is further amended as follows: 15.D.2.26. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be part of an integrated provincial, regional and city transportation system while at the same time provide a transit -oriented, pedestrian -friendly, and walkable environment."; uu. Part D, Section 15, existing policies 15.D.2.21 and 15.D.2.22 is amended by being renumbered 15.D.2.27 and 15.D.2.28 accordingly; vv. Part D, Section 15, existing policy 15.D.2.23 is amended by being renumbered to policy 15.D.2.29, and is further amended as follows: 15.D.2.29. All development or redevelopment will embrace, celebrate and conserve the Cultural Heritage Resources in the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas and will be subject to the Cultural Heritage Resources Policies in Section 12 and subject to any other supporting documents, adopted by Council, including Heritage Conservation District Plans." ww. Part D, Section 15, existing policy 15.D.2.24 is amended by being deleted in its entirety; xx. Part D, Section 15, existing policies 15.D.2.25 and 15.D.2.26 are amended by being renumbered 15.D.2.30 and 15.D.2.31, accordingly; yy. Part D, Section 15, existing policy 15.D.2.27 is amended by being renumbered 15.D.2.32, and is further amended as follows: 15.D.2.32. A high quality of urban design will be expected of the buildings, building elevations, building massing, storefronts, store signs, patios, streetscapes and public spaces to enhance street life and create local pride and interest as well as tourism interest. The City will encourage innovation and architectural excellence in urban development. Further Oho GFA_ nith GPAtIFo ([)G iRtGWR) is nnn4_AiAP_d in Oho DerigR Dnlinios OR Serutmnrp 11 -;;Ad the rd8r,!g R g iide'iRos fnr the _DA_VVAtG_WA ire the Gity's I IFbaR DeGigR AAAR''Al " 17 Page 41 of 592 DSD -2024-128 Attachment 'A' zz. Part D, Section 15, existing policy 15.D.2.28 is amended by being renumbered to policy 15.D.2.33, and is further amended as follows: 15.D.2.33. The City will prepare and maintain Urban Design Guidelines for the Downtown and Protected Major Transit Station Areas that will provide new guidelines and standards for new buildings, new storefronts, storefront modifications, new outdoor patios and will also address such elements as the streetscape, massing of buildings, architecture, cultural heritage resource conservation, public art, signage, and the landscaping of private property abutting green areas." aaa. Part D, Section 15, existing policies 15.D.2.29 through 15.D.2.31 inclusive are amended by being renumbered, as 15.D.2.34 through 15.D.2.36 accordingly; bbb. Part D, Section 15, existing policy 15.D.2.32 is amended by being renumbered 15.D.2.37, and is further amended as follows: "15.D.2.37. Where new development or redevelopment is proposed "e%p des at the edge of a strategic growth area land use designation, the scale and massing e#"-�side:A-f the street -sh eeordmated +„ PFGV,,_o a I_1RifA_4Rq GtFeetGGape and pedefs+r,a„ e�,_118RGe it will consider compatibility with and transition to the adjacent land use designation." ccc. Part D, Section 15, existing policy is amended by deleting section 15.D.2.33, inclusive of the subheading titled "Green Areas", in its entirety; ddd. Part D, Section 15, is amended by adding the following policies after new policy 15.D.2.37: "Priority Streets 15.D.2.38. The City may identify street segments within the Strategic Growth Area land use designation as priority streets. The Zoning By-law may provide additional regulations for priority streets. 15.D.2.39. The following will be considered in identifying priority streets: a) proximity to rapid transit and high frequency transit corridors; b) proximity to major trip generators; and, c) walking, rolling, and cycling connectivity between Rapid Transit station stops, key destinations, active uses, cultural facilities, and community infrastructure. 15.D.2.40. The City may require pedestrian refuge for development and redevelopment along priority streets."; eee. Part D, Section 15.D.2 under the heading "Land Use Designations" is amended as follows: "The City's strategic growth areas include three lands use designations: Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C. Certain lands 18 Page 42 of 592 DSD -2024-128 Attachment 'A' within the Tate Urban Growth Centre (Downtown) that at the time of the application of the Strategic Growth Area land uses were part of active development applications or were under appeal continue to be designated, including lands designated Innovation District and Market District. the Gity (`erA+re Dic+rin+ the GiVin Dic+rin+ the 1RAA_\/_+inn DiS rin+ and the Ar Market dic+rin+ _aAd the Mixed- rice 1168 decinna+inn Carh of the '.-;;Pd- 116e rdecinn�tinnc (liGWRtGWR) as establishedAver timrd e anwhirh rharar+er is experteld +n rnn+in, ie +n he ernh-nrerd dWFinn the hnrl_nP1 of+his, Dl_an n fff. Part D, Section 15.D.2 is amended by deleting in its entirety the heading titled "City Centre District" and all text contained under this heading; ggg. Part D, Section 15.D.2.34 through policy 15.D.2.41, inclusive, is deleted in its entirety; hhh. Part D, Section 15 is amended by deleting in its entirety the heading titled "Civic District" and all text contained under this heading; iii. Part D, Section 15, existing policy 15.D.2.42 through policy 15.D.2.48, inclusive, is deleted in its entirety; jjj. Part D, Section 15, existing policies 15.D.2.49 through 15.D.2.62 are renumbered 15.D.2.41 through 15.D.2.55 accordingly; kkk. Part D, Section 15 existing policy 15.D.2.63, inclusive of its heading titled "Lands Within Mixed Use Areas" is deleted in its entirety; III. Part D, Section 15 is amended by adding the following after policy 15.D.2.62: "Strategic Growth Area A The Strategic Growth Area A land use designation is generally intended to accommodate intensification within existing predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit station stops, and/or lands where existing lots are generally too small to support high rise buildings. It is anticipated that the majority of development and/or redevelopment will occur through infill including missing middle housing and compatible non-residential uses. 15.D.2.63. The Strategic Growth Area A land use designation will accommodate a range of low and medium density residential housing types including those permitted in the Low Rise Residential and Medium Rise Residential land use designation. 15.D.2.64. Where compatible, permitted non-residential uses within the Strategic Growth Area A land use designation may include the following: a) commercial uses such as, but not limited to, retail, commercial entertainment, restaurants, financial establishments, and light repair operations; b) personal services; c) offices; 19 Page 43 of 592 DSD -2024-128 Attachment 'A' d) health-related uses such as health offices and health clinics; e) institutional uses such as daycare facilities, religious institutions, community facilities, and educational establishments; f) social service establishment; and, g) studio and artisan -related uses. 15.D.2.65. To ensure compatibility, the implementing zoning may limit the full range and scale of uses listed in Policy 15.D.2.42. 15.D.2.66. No building will exceed 8 storeys in height. The implementing zoning may permit maximum building heights of less than 8 storeys. 15.D.2.67. Where the implementing zoning does not permit the maximum building height outlined in Policy 15.D.2.37, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5. On these lands, a Zoning By-lawAmendment will be required for a building more than 4 storeys in height. 15.D.2.68. A minimum Floor Space Ratio of 0.6 will apply to all development and redevelopment. The implementing zoning may exempt single detached dwellings, additional dwelling units, semi-detached dwellings, street townhouse dwellings, and low-rise multiple dwellings from the minimum Floor Space Ratio. Strategic Growth Area B The Strategic Growth Area B land use designation is intended to accommodate significant intensification at building heights between those in the Strategic Growth Area A land use designation and those in the Strategic Growth Area C land use designation. Lands designated Strategic Growth Area B are also intended to serve as a transition between Low Rise Residential Uses on lands within the Strategic Growth Area A designation, and medium and high density uses within the Strategic Growth Area C designation. Some areas within the Strategic Growth Area B land use designation contain smaller lots and/or existing Low Rise Residential Uses. While significant intensification is planned for these lands, the implementing zoning may restrict building heights as an interim measure to ensure orderly development through a development application. 15.D.2.69. The Strategic Growth Area B land use designation will accommodate a range of medium and high density residential housing types including those permitted in the Medium Rise Residential and High Rise Residential land use designations. 15.D.2.70. Permitted non-residential uses within the Strategic Growth Area B land use designation may include the following: a) compatible commercial uses such as, but not limited to, retail, commercial entertainment, restaurants, financial establishments, hotels, and light repair operations; b) personal services; 20 Page 44 of 592 DSD -2024-128 Attachment 'A' c) office; d) exhibition and/or conference facilities; e) health-related uses such as health offices and health clinics; f) institutional uses such as hospitals, daycare facilities, religious institutions, community facilities, and educational establishments; g) social service establishment; and, h) studio and artisan -related uses. 15.D.2.71. No building will exceed 25 storeys in height. The implementing zoning may permit maximum building heights of less than 25 storeys. 15.D.2.72. Where the implementing zoning does not permit the maximum building height outlined in Policy 15.D.2.42, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5.On these lands, a Zoning By-IawAmendmentwill be required for a building more than 10 storeys in height. 15.D.2.73. A minimum Floor Space Ratio of 1.0 will apply to all development and redevelopment. The implementing zoning may contain transition regulations to facilitate and permit lands to ultimately meet the minimum Floor Space Ratio requirements. Strategic Growth Area C The Strategic Growth Area C land use designation is intended to accommodate significant intensification at high density. Lands designated Strategic Growth Area C are generally centrally located within Intensification Areas and/or represent redevelopment opportunities at higher density. It is anticipated that some areas within the Strategic Growth Area C land use designation will require the assembly of lands for development. Further, some lands designated Strategic Growth Area C are adjacent to lands planned for medium density uses or which contain existing Low Rise Residential Uses. As such, the implementing zoning may restrict building height as an interim measure to ensure orderly development through a development application demonstrating that the policies of this plan are met. 15.D.2.74. Permitted uses may include those permitted in the Strategic Growth Area B land use designation. 15.D.2.75. Lands designated Strategic Growth Area C may have no maximum building height. The implementing zoning may limit building heights. 15.D.2.76. Where the implementing zoning has a maximum building height in accordance with Policy 15.D.2.46, the City may consider site specific increases to the permitted building height in accordance with Policy 15. D.2.5. 15.D.2.77. A minimum Floor Space Ratio of 2.0 will apply to all development and redevelopment. The implementing zoning may contain transition 21 Page 45 of 592 DSD -2024-128 Attachment 'A' regulations to facilitate and permit lands to ultimately meet the minimum Floor Space Ratio requirements." mmm. Part D, Section 15 is amended by deleting in its entirety the heading titled "Area Specific/Site Specific Policy Areas"; nnn. Part D, Section 15, existing policy 15.D.2.64 through existing policy 15.D.2.69, inclusive, is deleted in its entirety; 000. Part D, Section 15, policy 15.D.4.1 is amended as follows: 15.DA. 1. Lands designated Mixed Use are located within the "'trap Grevdh GeR#8 (n.,,.,,,+.,WR) a Protected Major Transit Station Area, a City Node, a Community Node, a Neighbourhood Nodes or a an Urban Corridor as identified on Map 2. Accordingly, the applicable Urban Structure in Section 3.C.2 will also apply." ppp. Part D, Section 15, policy 15.D.4.13 is amended as follows: 014 On' IFIN, ._I I I =ffit 0' 1 -7 qqq. Part D, Section 15, policy 15.D.4.15 is amended as follows: "b) permit food store outlets of up to a maximum gross floor area of 5,000 square metres within lands designated Mixed Use identified as an Urban Corridor on Map 2, if the food store outlet is located in a mixed use development and provided all applicable policies within this land use designation are satisfied."; rrr. Part D, Section 15. Policy 15.D.4.17 is amended as follows: sss. Part D,Section 15 is amended by deleting policies 15.D.4.20 and 15.D.4.21 in their entirety; ttt. Part D, Section 15, policies 15.D.4.22 through 15.D.4.24 are renumbered, as 15.D.4.20 through 15.D.4.22 accordingly; uuu. Part D, Section 15, policy 15.D.12.28 is amended as follows: ,,a) Notwithstanding the "nixed Ise Strategic Growth Area C land use designation on lands located near the southwesterly corner of Glasgow Street and Strange Street, the continuation of the existing industrial and commercial parking facility uses will be permitted until such time as the site transitions into uses permitted by the land use designation The transition of the site may occur in phases;"; 22 Page 46 of 592 DSD -2024-128 Attachment 'A' vvv. Part D, Section 15 is amended by deleting policy 15.D.12.39 in its entirety and replacing it with: 1115.D.12.39. 607-641 King Street West Notwithstanding the Strategic Growth Area C land use designation and policies: a) Retail uses shall be permitted to have a maximum gross floor area of 10,000 square metres. b) Prior to development and/or redevelopment of the lands municipally addressed as 607-641 King Street West, a Master Plan will be required to be completed and approved by the City. The Master Plan will be required to be updated and approved by the City through the City's Site Plan Approval Process prior to and in conjunction with each stage of development and/or redevelopment. Substantial deviation from the approved Master Plan will require Council approval."; WWW. Part D, Section 15 is amended by deleting 15.D.12.54 in its entirety and replacing it with: 1115.D.12.54. 79 Joseph Street Notwithstanding the Open Space land use designation and policies on the lands municipally known as 79 Joseph Street, office uses will also be permitted."; xxx. Part D, Section 15 is amended by deleting policy 15.D.12.62 in its entirety: yyy. Part D, Section 15 is amended by adding the following after policy 15.D.12.68: "15.D.12.69. 1668 King Street East The maximum permitted floor space ratio shall be 7.6."; zzz. Part D, Section 16 is amended by deleting policies 16.D.1.1 and 16.D.1.2 in its entirety; aaaa. Part D, Section 16, existing policy 16.D.1.3. is amended by being renumbered 16.D.1.1, and is further amended as follows: 16.D.1.3. The following Secondary Plans are deferred and do not form part of this Official Plan: a) Civic Centre Secondary Plan b) KiRg 9#88-t C -Act 2 8 -G -A- 1r aFy DlaR sb) Cedar Hill Secondary Plan 44c) Mill Courtland -Woodside Park Secondary Plan fd) Victoria Street Secondary Plan fie) North Ward Secondary Plan 23 Page 47 of 592 DSD -2024-128 Attachment 'A' if) Central Frederick Secondary Plan }g) Rosenberg Secondary Plan bbbb. Part E, Section 17 is amended by adding new policy 16.D.1.2 after policy 16.D.1.1 as follows: "Despite policy 16.D.1.1, for lands within the Secondary Plans referenced within policy 16.D.1.1 that are also shown on Map 3 of this Official Plan, all of the policies of this Official Plan shall prevail." cccc. Part E, Section 17 existing policy 16.D.1.4 is amended by being renumbered 16.D.1.3; dddd. Part E, Section 17 is amended by deleting policy 17.E.6.7 in its entirety; eeee. Part F — Schedule A is amended by adding "Protected" before "Major Transit Station Area" for the Glossary of Term definition for "Intensification Areas"; ffff. Part F — Schedule A is amended as follows: "Complete Community - a complete community, also referred to as a 15 -minute neighbourhood, meets people's needs for daily living throughout at entire lifetime by providing convenient access to an appropriate mix of jobs, local services, a full range of housing, and community infrastructure including affordable housing, schools, recreation and open space for their residents. Convenient access to public transportation and options for safe, non -motorized travel is also provided."; gggg. Part F — Schedule A is amended by adding the following after "Priority Location" in the Glossary of Terms: "Priority Street — streets with buildings that contain a mix of non-residential ground floor uses that help achieve complete communities by creating engaging and activated pedestrian places. These places contribute to an enhanced streetscape and pedestrian realm by creating a visually stimulating pedestrian experience. Regulations contained within the City's Zoning By-law that may guide the implementation of priority streets that includes, but is not limited to: minimum ground floor fagade heights; minimum fagade openings; minimum amount of active uses at the street level; and/or restrictions on the location of vehicular parking."; hhhh. Part F — Schedule A is amended by adding "Protected" before "Major Transit Station Area" for the Glossary of Term definition for "Station Area Plan"; iiii. Part F — Schedule A is amended by adding "Protected" before "Major Transit Station Area" for the Glossary of Term definition for "Transit -Oriented Development". 24 Page 48 of 592 DSD -2024-128 Attachment 'A' APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of January 5, 2024 NOTICE OF A PUBLIC MEETING proposing changes to land use and zoning in Kitchener's Protected Major Transit Station Areas III Jerir lWark f ION Stop Map of Growing Together study area .ad®1�I� MCf'""" 7 V `'I� 0 '! 1'14 Land use h Growth ft Built Farm Zoning Change Adam Clark, Senior Urban Designer 519.741.2200 x 7027 growing.together;dikitchener.ca Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: January 29, 2024 Location: Council Chambers Kitchener City Hall 200 King Street West orVirtual zoom Meeting Go to kite h ener.ca/meetings . current agendas and reports (posted 10 days before meeting) . appear as a delegation • Watch meeting To learn more, visit~ www.engagewr.ca/growingtogether The City of Kitchener will consider city -initiated applications to amend the Official Plan and Zoning By-law for Protected MajorTransit Station Areas (PMTSAs) west of the e)pressway and lands adjacent to PMTSAs within existing secondary plans. These amendments will introduce new land uses, and zoning to guide growth and change in Kkhene(s PMSTAS and surrounding lands. 25 Page 49 of 592 DSD -2024-128 Attachment 'A' APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 29, 2024 26 Page 50 of 592 DSD -2024-128 Attachment 'A' APPENDIX 3 Minutes of the Meeting of City Council — March 18, 2024 27 Page 51 of 592 SCHEDULE `A' Page 52 of 592 a Z co i _ N O �i i A ' N Q C N 1 V� LLj 2 1 pp N LLo N c cn U c N (o co ++ \ N W d O iti .� N a Q L O C --0 O z D= Q ° E o W a F O O coCO co o cn N Q z HJO� �j ~ Z co o U V U co 1 o a N Q Y Q Z H cya ° ° o `O °a Q° c c- H L a U W U) y c� Z o -a •� Q E U) c c co° y a) H z LL o � '= iLLJLU co ° ° a� z 0 U- 0 Q C O N a E O ° U co `' ~~ ~ m W W H 0 W .2 Z E E c .� N E c a� a, ami ui p 0 i U Z o o 'Lm a� o f x cu co Q W W V w Q d U U Z Q Q U 0_ w a 1 Q0� o Q � p 0 a Q LU Y� J , LU d O M ~ J w a U2 Uz a O LL z w LL O W O N i' w 1 cn �' -- •' w 0 a M NO f y N o N goo o a N LACKN ER O ui Z Q w O m J y a6 O rN m� LLI LO uii Q 2 �N 7iQ MANITOU D 0 _ W Z a r J W WAts� U 0 e � LU O� z 5 0� W OSP 580RO RD ti0 W Z jJ Z r d W LANCASTER ST W N W LL 20 J O � \ ' o Y W U LL = O z H o std � J �r a SCHEDULES' Page 54 of 592 I S 0 a a N N N Lu `sem Y LL � o 0 N N o O O � N Q a Z a N Z 0 N Q Z L a Z W z LU !` W Q Z i Z LLQ V a LU �, o a YW Z Q �; SCHEDULE `C' Page 56 of 592 EPSj P NO� y� O �y11) O wawa � •R '� � �` �y x` 93r� q' 0 s 9 � 0 0 O L) C O O � U b a c 3 a� mo m O w � U N fn O �.E o o CJ N UO E it 4 C a o O �nECm O O o-. a s� N Eaa TF.Zo 3 °min Udo - E oU O N O--.L- m� T9 f6 (D 9 �.fn9 a O (61' T(� E a)o •� Y .,—.,0 O U)L .� U QD U� Q � E _ 0�, O�Y.o oQo�a>i p m J CL 7 Z—OQ QQ EPSj P NO� 2 O wawa � •R '� � �` �. x` 93r� q' 0 s LL � 0 0 u� Q b a siao 0 PREF Lill . 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UYC7 SCHEDULED' Page 58 of 592 �z U) +� a N L C ¢ a) a) � W �c U DN N' m o � � N JYa O J my LLE O o Q C W aCO o Q CO m Z � a) 0 O W Q Q M o ,> � °� �`� N c� U a F--1 0 U > co >+ 04 z a z M U > ❑ V) �, a m z H J H J m> Q Q `n o o o Y O ami U) O N Y Q W d N c a E > m c� m e .L +� E � z L a LL V a) a) o W� a C M C a) O 0 0 N a Q' M �+ Z LU Q% 0 LLU O L o — L _ _ c� F W U u 2 � o rn �n ao L 0 E ° E u) Y ❑ z i Q U 2 a CD LO .� N O O O LO 0 0 O N N N O N O nIL Q d— O (n co co Nt co m— N Ln ❑ U) E -a N -a N o N LU 0 co N N N N N CO Co Co LL c0 J (0 J m M a Y w cC C7 co r- z < > co oi ui N CO S d �co J m +J z Qty <C/co LLv z U a M' O o P CO W w �c, N � G0� L 04 w / CJ� N U) W CNM o N � J t ST W N ��, N C-4 UJ CD N ¢ COOf CD w O W N QJ ��' oM > M 0 O J Z LU N �77 �s/L o Q H N :) U D 5� LU Z Vv W 2 �� H LU M 0�� Y W LU LL 2 CO��5� D LU LL N N U � 0 N Cl)Q H C� U U N J M d d -tAOU a N RO W N LO 4- 0 LO (6 SCHEDULE `E' Page 60 of 592 �Z 2 LU N NI U N wYa J E a) D ° 0 M O ++ W N d O ++ U a J a Cfl N a O O i O z Z W r LU Q co co Co U o L N o SJ0LU 0 L 0 o > o o o U C-4 CO N Ua~(7 c > ami -ya ° c E Q m z O a c O) O N c d N z �J�Q n3 Z U c O � O O /La LL V i O U C U Y Y N _C C 7 Z W W Z O LL 0= N +� o cn a) = a) ai z CU .L co > c J W i w O Z J C y° L" a� o o° U) c d d p O Q c U) p ~ LV U U = O U Z 2° O co co o= D Z i Q U c Q c 2 a) CO 2 cu o o a) cu o° +J °� Z W V w N N lC J E U) O c z O c c v v O d W +� o o c rra^^ °^^ c o ° a� c — Q J L L +��+ V V G L U > > i U O �..� Q Y W D N N fC i 3 O O N M-4 Ln 0 (O I� 00 U N U 6 I� 6 6—————— Z ——— Z J O J w a i U) J m z a (D U 2 U Z a LLL O LLI O LLI COO N ° (O w 5�LLJo w co ? _ �v lv O N CD o0 co m CO CD N qt i� cli ST W �, w o m PCD 0 LLI Z0 5� o O z J W U) p N. LU w U � (M LU W �O w W Y o LL _ C) T- 0 O 00 co LU LL a c9 = O Cl) v U � a 0 a AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER Cy��'�i]�:��r�la�►1�:7 DSD -2024-128 Attachment 'B' Page 62 of 592 DSD -2024-128 Attachment 'B' AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER Growing Together — Non-PMTSA Lands 1101§10-4 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 — January 5, 2024 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 29, 2024 APPENDIX 3 Minutes of the Meeting of City Council — March 18, 2024 2 Page 63 of 592 DSD -2024-128 Attachment 'B' 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 incorporate modifications to the text and mapping of the Official Plan in order to implement a consistent land use planning framwork for lands that have been part of one of the following secondary plans but not located within a Protected Major Transit Station Area (PMTSA): Civic Centre; King Street East; Cedar Hill; Mill Courtland Woodside Park; Victoria Park, Victoria Street, and KW Hospital. SECTION 3 — BASIS OF THE AMENDMENT Planning staff have undertaken the Growing Together project, which includes developing a new planning framework for the City's PMTSAs. This project continues the planning review process that began in 2013 with the Planning Around Rapid Transit Stations (PARTS) plans and advanced through the Neighbourhood Planning Review (NPR) project through 2021. A significant portion of the lands within the 7 PMTSAs that form the Growing Together study area are currently located within existing secondary plans. These secondary plans are comprised of policy text and land use mapping. The existing secondary plan policies include policy language that is repetitive with other secondary plans and the 2014 Official Plan document. Additionally, the existing secondary plan boundaries do not align with the confirmed PMTSA boundaries as established by the Region and approved by the Province in April 2023. This Official Plan amendment removes certain lands from the Civic Centre, Cedar Hill, Mill Courtland Woodside Park, and Victoria Street Secondary Plans, and removes all lands from the King Street East, Victoria Park, and KW Hospital Secondary Plans, and includes them within the 2014 Official Plan with new land uses. The application of new land use designations on the applicable lands provides a land use planning approach that is consistent with the rest of the City and removes policy duplication. Urban Structure Modifications Planning staff are recommending that lands identified as the "Area of Amendment" on Schedule `A' be amended as shown on Schedule W. The Urban Structure modifications are administrative in nature, with the proposed mapping seeking to reflect the accurate urban structure component for the "Area of Amendment", which includes lands previously depicted as being located within the conceptually drawn 800m radius around rapid transit stations but not located within a PMTSA. Land Use Modifications Planning staff are recommending that lands identified as "Lands subject to this amendment" on Schedule `B' be amended as shown on Schedule `B'. The proposed land use amendments would generally implement an equivalent land use designation from the 2014 official Plan as the land use designation applied through the respective secondary plan. Specific Policy Area Modifications Planning staff are recommending that Specific Policy Area 18 be repealed and replaced, and that Specific Policy Area 69 and 70 be added to the 2014 Official Plan, as shown on Schedule `C'. These Specific Policy Areas reflect the unique land use conditions of the property and respect recent development application decisions on the part of City Council. Page 64 of 592 DSD -2024-128 Attachment 'B' Existing policy 15.D.12.18 is recommended to be repealed and replaced as the subject property, 134 & 152 Shanley Street, is subject to site-specific zoning provisions and is currently under construction. Existing policy 15.D.12.18 is recommended to be replaced with existing Special Policy Area 1 in the Victoria Street Secondary Plan, referred to as policy 13.6.4.1 of Part 3, Section 13 of the 1994 Kitchener Official Plan. Policy 13.6.4.1 states "Notwithstanding the Major Infrastructure and Utilities land use designation which applies to the lands located on the block generally bounded by Patricia Avenue, Victoria Street South, the Grand River Railway, West Avenue and the Henry Sturm Greenway, the executive and administrative offices of Enova Power Corporation located at 301 Victoria Street South and the associated warehousing and outdoor storage uses shall be permitted uses." Specific Policy Area 69 is existing Special Policy Area 7 in the King Street East Secondary Plan, referred to as policy 13.2.3.7 of Part 3, Section 13 of the 1994 Kitchener Official Plan. Policy 13.2.3.7 states "The maximum permitted floor space ratio shall be 7.6." Specific Policy Area 70 is existing Special Policy Area 11 in the King Street East Secondary Plan, referred to as policy 13.2.3.11 of Part 3, Section 13 of the 1994 Kitchener Official Plan. Policy 13.2.3.11 states "The maximum permitted floor space ratio shall be 6.0." Planning staff are of the opinion that the Official Plan Amendment is consistent with and conforms to the Planning Act, Provincial Policy Statement (2020), A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and the Regional Official Plan (2010), as amended, and represents good planning. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: a. Part D, Section 15.D.12 is amended by repealing Specific Policy Area 15.D.12.18 and replacing it with the following: "15.D.12.18. 301 Victoria Street South Notwithstanding the Major Infrastructure and Utilities land use designation which applies to the lands located on the block generally bounded by Patricia Avenue, Victoria Street South, the Grand River Railway, West Avenue and the Henry Sturm Greenway, the executive and administrative offices of Enova Power Corporation located at 301 Victoria Street South and the associated warehousing and outdoor storage uses shall be permitted uses."; Part D, Section 15.D.12 is amended by adding Specific Policy Area 15.D.12.69 after Specific Policy Area 15.D.12.68 as follows: 15.D.12.69. 1668 King Street East The maximum permitted floor space ratio shall be 7.6."; c. Part D, Section 15.D.12 is amended by adding the following after policy 15.D.12.69 as follows: "15.D.12.70. 1770 King Street East, 815 & 825 Weber Street East The maximum permitted floor space ratio shall be 6.0."; d. Map 2 — Urban Structure is amended by: Page 65 of 592 DSD -2024-128 Attachment 'B' Amending lands identified as "Lands subject to this amendment" as shown on the attached Schedule `A'; e. Map 3 — Land Use is amended by: i) Amending lands identified as "Lands subject to this amendment" as shown on the attached Schedule `B'; f. Map 5 — Specific Policy Areas is amended by: Adding Specific Policy Area 18 — 301 Victoria St S identified as "Lands to be Added subject to this amendment" as shown on the attached Schedule `C'; Adding Specific Policy Area 69 —1668 King St E identified as "Lands to be Added subject to this amendment' as shown on the attached Schedule `C'; iii. Adding Specific Policy Area 70 —1770 King St E, 815 & 825 Weber St E identified as "Lands to be Added subject to this amendment' as shown on the attached Schedule `C'. Page 66 of 592 DSD -2024-128 Attachment 'B' APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of January 5, 2024 NOTICE OF A PUBLIC MEETING proposing changes to land use and zoning in Kitchener's Protected Mayor Transit Station Areas L*t ITT+ iF Map of Growing Together study area A0 0� Land Use Et growth & Built Form Zoning Change Adam Clark, Senior Urban Designer 519.741.2200 x 7027 growl ng.together d!kitchener,ca Have Your Voice Heard! Planning & Strategic Initiatives Committee Date, January 29, 2024 Location: Council Chambers Kitchener City Hall 200 King Strut West orVirtual Zoom Meeting Go to kitchener.ca/meetings • current agendas and reports (posted 10 days before meeting) • appear as a delegation a watch meeting To learn more. visit: www,engagewr.ca /grow i ngtogether The City of Kitchener will consider city -initiated applications to amend the Official Pian and Zoning By-law for Protected M.ajorTransit Station Areas (PMTS,As) west of the e)rressway and lands adjacent to PMTSAs within existing secondary plans. These amendments will introduce new land uses, and zoning to guide growth and change in Kitchener s PMSTAs and surrounding lands. 6 Page 67 of 592 DSD -2024-128 Attachment 'B' APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 29, 2024 Page 68 of 592 DSD -2024-128 Attachment 'B' APPENDIX 3 Minutes of the Meeting of City Council — March 18, 2024 Page 69 of 592 M LU a za UaOw U) D Y Q z 0 W U w z OIi0_j WO z _ w U Q <71z _ C C LD O D a) a) Ea) E y--' O L O E T a) OLL O c n w W E U a� U a� ;r w U U o Q O = U VJ /cnof O O .0C i� O O c cn LL E L L L C L L V) oami Lm x o o ami ami n .m -M a a Q 2 U U 2 CD m 5 z O 2 D IY f o �� 1111�1111�1a0 1S NOX1a -es PJi to Q N N' W Y x LL � mO V' N N o 0 Q z Z m Z N Q � L a w r� z i cWc Q G YI W V a + 2 5 o YU) W U O W U) m_ Z (D U 5 za — O O o PJ �O X66 GOO o� w U) W o O M N o N O N Of U) w 0 w PQ=� w O > O [(�z O U o w z w / U fl� w LV Y w W O� J D 0 U F- O Q F- Y � Qf ° W = U w O X00 m2a Q H k U U d S�� Q Z L C C � � Y U _ ULLJ O !E(� Q < O M CU L z QLU O Q O 06 CA (� W 06 z Q c cn °� > U) C) O aoi WJ (nom a) E a) 2Z o�Q � (n -C U) LO V d O U % >, �+ � Z M — U = � � ONO m o o Q U) 06 L) U) — O o ~ Q Z Q U c> CL v (� O C) -0 O O O Y U L O) Y Wd Y) c�Q E� ca c ��mmLL L__) E -a 00 LL U aa) I o W cn C C a) Q rn a) O a) a) a) L of < U) 06 O LL U N L> o c_ Co Co � N Q ma rn�� a) "- a) "- W w LL Q U O U N O J C6 00 C6 00 C O C CO H Q Z cn O O> L Y 06 06 J M O LL �O O O O O O CO (� (� U W o« U N rn o ° a) U) U) rn Co� a) aa) U� U� `O Q d IL O cn Co U 00 � oo m m � 00 N M S �O � 0� o� o r- V r— 00 O N M r— 00 CA C'4 --q- 00 0) N M S 00 N O c m E m E > 00 O N N N N N N M M M MU') �UO U) 'O CO LL CO O J CO J CO — CO I� V) a ��6 � o N Z ST W �O NM,-- N cll� I OG 5co, LO LO 5� J .U. �/ 40 .P 1s co M LO N N 5� Q O Z m Z N Q � L a w z w cl Z S w (� a 2 +� o YU) w U O w W U) m_ Z UIL z Zo_ O O o I�r 0 LO W UJ C) W O � 0 > W � z Q U 0— / LU g C4N a M M r W ■ Q O Z m Z N Q � L a w z w cl Z S w (� a 2 +� o YU) w U O w W U) m_ Z UIL z Zo_ O O o I�r C7 LO w 0 UJ C) W O � 0 � � z Q U / LU g O a M M r W o U U) M N O N N W m 2 W > O Z W H Q D w w z U w 0 J D W O � 0 � � z Q U d N a M M N O N N W m 2 W > O Z W H Q D DSD -2024-128 Attachment 'C' AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER Cy��'�i]�:��r�la�►1�:7 Growing Together — 1994 Official Plan Amendment (Secondary Plans) Page 73 of 592 DSD -2024-128 Attachment 'C' AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER Growing Together — 1994 Official Plan Amendment (Secondary Plans) 1101§10-4 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 — January 5, 2024 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 29, 2024 APPENDIX 3 Minutes of the Meeting of City Council — March 18, 2024 Page 74 of 592 DSD -2024-128 Attachment 'C' 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 1994 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 delete the entirety of the King Street East, Victoria Park, and KW Hospital Secondary Plans in order to implement a new land use framework for seven of the City's ten Protected Major Transit Station Areas (PMTSAs). SECTION 3 — BASIS OF THE AMENDMENT Planning staff have undertaken the Growing Together project, which includes developing a new planning framework for the City's PMTSAs. This project continues the planning review process that began in 2013 with the Planning Around Rapid Transit Stations (PARTS) plans and advanced through the Neighbourhood Planning Review (NPR) project through 2021. A significant portion of the lands within the 7 PMTSAs that form the Growing Together study area are currently located within existing secondary plans. These secondary plans are comprised of policy text and land use mapping. The existing secondary plan policies include repetitive language with other secondary plans and the parent Official Plan document. Additionally, the existing secondary plan boundaries do not align with the PMTSA boundaries as established by the Region and approved by the Province in April 2023. The proposed planning framework being brought forward as part of Growing Together focuses on the deletion of 3 secondary plans through this Official Plan amendment and the application of new land uses through a companion Official Plan amendment to the 2014 Official Plan. The deletion of these Secondary Plans, together with the proposed land uses, provide a refined and comprehensive approach to managing growth and development across 7 of the City's 10 PMTSAs, remove repetitive policy language within the Official Plan, and allow the City to more efficiently monitor growth targets set out by the Province and Region. Planning staff are of the opinion that the Official Plan Amendment is consistent with and conforms to the Planning Act, Provincial Policy Statement (2020), A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and the Regional Official Plan (2010), as amended, and represents good planning. SECTION 4 — THE AMENDMENT The City of Kitchener 1994 Official Plan is hereby amended as follows: a. Part 3, Section 13 is amended by deleting section 13.2 in its entirety; b. Part 3, Section 13 is amended by deleting section 13.5 in its entirety; c. Part 3, Section 13 is amended by deleting section 13.7 in its entirety; d. Map 10 — King Street East is deleted in its entirety; e. Map 14 — Victoria Park is deleted in its entirety; Page 75 of 592 f. Map 15 — Victoria Park Environmental is deleted in its entirety; g. Map 18 — KW Hospital is deleted in its entirety. DSD -2024-128 Attachment 'C' Page 76 of 592 DSD -2024-128 Attachment 'C' APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of January 5, 2024 NOTICE 0 A PUBLIC MEETING proposing changes to land use and zoning in�' Kitchener's Protected Major Transit Station Areas � 0 ION Stop Map of Growing Together study area AtlkkA -00 Land Use Ft Growth Ek Buitt Form Zoning Change Adam Clark, Senior Urban Designer 519.741, 22 GO x 702 7 growing_together lkitchener.ca Have You rVoice Heard! Planning & Strategic Initiatives Committee Date: January 29, 2024 Location: Council Chambers Kitchener City Hall 200 King Street West orVirtual Zoom Meeting Go tc- kitchener.ca/meetings * current agendas and reports (posted 10 days before meeting) . appear as a delegation a watch meeting To learn more. visit. www.engagewr.ca/growingtogether The City of Kitchener will consider city -initiated applications to amend the Official Plan and Zoning By-law for Protected Major Transit Station Areas (PMTSAs) west of the expressway and lands adjacent to PMTSAs within existing secondary plans. These amendments vAl introduce new land uses, and zoning to guide growth and change in Kitchene(s PMSTAs and surrounding lands. 5 Page 77 of 592 DSD -2024-128 Attachment 'C' APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 29, 2024 Page 78 of 592 DSD -2024-128 Attachment 'C' APPENDIX 3 Minutes of the Meeting of City Council — March 28, 2024 Page 79 of 592 PROPOSED BY — LAW '2024 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 - Growing Together (PMTSA Lands) 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 Numbers 39, 40, 41, 73, 74, 75, 83, 84, 85, 86, 116, 117, 118, 119, 120, 121, 122, 142, 143, 144, 145, and 175 of Appendix A of By-law 2019-051 are hereby amended by adding thereto the parcels of land to By-law 2019-051 as shown on Attachment 1. 2. Section 2.2.1 of By-law 2019-051 is hereby amended by adding the portions of the below text that are highlighted in grey, and deleting the portions of the below text with a strikethrough thereto as follows: Urban Growth Gentrn ( GG) Zones Symbol Strategic Growth Area (SGA) Zones R(Qd-Strategic Growth Area One Zone Reda SGA -1 Strategic Growth Area Two Zone SGA -2 Strategic Growth Area Three Zone SGA -3 Strategic Growth Area Four Zone SGA -4 3. Section 3 of By -Law 2019-051 is hereby amended by adding "Building Length — means the horizontal measurement of any fagade of a building" after the definition of "Building Height' and before the definition of "Building Material and Decorating Supply Establishment". 1 Page 80 of 592 4. Section 3 of By-law 2019-051 is hereby amended by adding "Creative Products Manufacturing - means the use of a premises that may be made available for community shared use as a maker space to design, proto-type and manufacture products using tools and technological manufacturing equipment such as laser cutters, waterjet cutters, computer numerical control (CNC) routers, 3D printers and 4D systems." after the definition of "Craftsperson Shop" and before "Crematorium". 5. Section 3 of By -Law 2019-051 is hereby amended by adding "Floor Plate Area — means the gross floor area of a storey of a building" after the definition of "Fitness Centre" and before the definition of "Floor Space Ratio". 6. Section 3 of By-law 2019-051 is hereby amended by deleting the definition of "Nightclub" in its entirety. 7. Section 3 of By-law 2019-051 is hereby amended by adding "Physical Separation - means the distance from a building's facade to its interior side lot line and rear lot lines. When two or more buildings are on the same lot, the total distance between each pair of facades in any direction is to be calculated as the sum of both individual physical separations." after the definition of "Personal Services" and before the definition of "Place of Worship". 8. Section 3 of By-law 2019-051 is hereby amended by adding "Amenity Space, Common - means the use of a premises for indoor or outdoor active or passive recreation for the exclusive use of occupants of a building. It can include features such as indoor spaces (such as gyms), indoor social spaces (such as entertainment rooms), swimming pools, and outdoor rooftop amenity space. It shall not include lobbies, washrooms, laundry facilities, storage areas, hallways, elevators, reception areas, management offices, parking areas, access driveways, unprogrammed landscaped open space (excluding outdoor patios), receiving areas, loading spaces, and the like." after the definition of "Print Shop" and before the definition of "Amenity Space, Private". 2 Page 81 of 592 9. Section 3 of By-law 2019-051 is hereby amended by adding "Amenity Space, Private — means the use of a premises for outdoor active or passive recreation for the exclusive use of occupants of a dwelling unit. It can include features such as patios, above ground decks, balconies (subject to additional requirements)" after the definition of "Amenity Space, Common" and before the definition of "Private Garage". 10. Section 4.5 of By-law 2019-051 is hereby amended by replacing "UGC zones" with "the SGA -2, SGA -3, and SGA -4 zones," in subsections c), d), and e), and adding "the" after "and" and before "MIX Zones" for subsections d) and e), and replacing Illustration 1: Corner Visibility Triangle, Corner Visibility Area and Driveway Visibility Triangle Dimensions with the following image: 3 Page 82 of 592 11. Section 4.14.2 of By -Law 2019-051 is hereby amended by replacing "UGC" with "SGA" in subsection d). 12. Section 4.14.8.1 of By-law 2019-051 is hereby amended by replacing "UGC" with "SGA zone" in subsection c). 13. Section 4.15.10 of By-law 2019-051 is hereby amended by replacing "UGC" with "SGA". 14. Section 5.3 of By-law 2019-051 is hereby amended by adding "or SGA -1 zone" after "residential zone" and before ", a visual barrier" in subsection a) and is hereby further amended by adding "or SGA -1" after "abutting residential" and before "lot line". 15. Section 5.3.2 of By-law 2019-051 is hereby amended by deleting subsection c) in its entirety and renumbering subsection d) and subsection c). 16. Section 5.3.4 of By-law 2019-051 is hereby amended by deleting "UGC zone, or' after "In a" and before "MIX zone" in subsection a). 17. Section 5.6 of By-law 2019-051 is hereby amended by replacing "UGC" with "SGA" in subsection c). 18. Section 5 of By-law 2019-051 is hereby amended by adding the portions of the below text in "Table 5-5: Regulations for Minimum and Maximum Parking Requirements" that are highlighted in grey, and deleting the portions of the below text with a strikethrough thereto as follows: Table 5-5: Regulations for Minimum and Maximum Parking Requirements Use Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls I IGC SGA Zones I MIX Zones All Other Zones RESIDENTIAL 4 Page 83 of 592 Page 84 of 592 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Use Bicycle Parking Stalls I'GC SGA Zones MIX Zones All Other Zones Minimum parking No minimum 0.9 per dwelling 1.0 per dwelling unit Multiple spaces: unit Residential 10% of provided 5-80 dwelling units: 0.15 per Buildings: parking spaces, only 0.1 per dwelling dwelling unit Minimum visitor where 11 or more unit only where 5 Cluster Townhouse parking spaces: dwelling units are on or more dwelling OR Dwelling; a lot units are on a lot 81 +dwelling units: 0.1 per Dwelling Unit; dwelling unit Maximum parking 1.3 per dwelling Multiple Dwelling; spaces (including 1.3 per dwelling unit unit 1.4 per dwelling unit visitor): Residential Care Minimum parking Facility, Small spaces: PW -a -No minimum 2 per facility 2 per facility Single -Detached Dwelling, Semi- Minimum parking Detached Dwelling, �No minimum n/a 1 per dwelling unit and Street spaces: Townhouse Dwelling; Additional Dwelling Unit (Attached) and Minimum parking PW -a -No minimum n/a 1 per dwelling unit Additional Dwelling spaces: Unit Detached NON-RESIDENTIAL Light Repair Minimum 1 parking PW -a -No minimum 90 m2 GFA 90 m2 GFA Operation space per: �Ainimiim na44glu 444 44a 44a ii i 1 �Aovmm rvta�amT d0--Fi-F2- aF=A tt# tt# M AAAm,wA 9 (`hcc d 4,g, dtQtfc`r. 2 nor night G" ih 444 444 Minimum 1 parking PW -a -No minimum 35 m2 GFA 35 mz GFA space per: Multi -Unit Parking Rate (2)(3)(4) Maximum 1 X24 m2 GFA 24 m2 GFA 24 m2 GFA parking space per: Page 84 of 592 Page 85 of 592 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Use Bicycle Parking Stalls 1IGGSGA Zones MIX Zones All Other Zones Minimum 1 Class A Bicycle Parking X1,000 m2 GFA 1,000 m2 GFA 1,000 m2 GFA Stall per: Minimum 1 Class B X333 m2 GFA Bicycle Parking 333 m2 GFA 333 m2 GFA Stall per: Office and Office- Related: Biotechnological Establishment; Computer, Electronic, Data Processing, or Server Establishment; 50 R42 GF= only fnr Industrial Minimum 1 parking z 33 m GFA z 33 m GFA Administrative space per: of4;9AAR42- Office; No minimum Office; Research and Development Establishment; and, Social Service Establishment Minimum 1 parking 44a No minimum n/a 100 m2 GFA, including space per: portables Maximum 1 44a 75 m2 GFA, n/a 75 m2 GFA, including parking space per: including portables portables School, Elementary Minimum 1 Class A Bicycle Parking 44a 1,000 m2 GFA n/a 1,000 m2 GFA Stall per: Minimum 1 Class 8 Bicycle Parking fj�a 100 m2 GFA n/a 100 m2 GFA Stall per: Page 85 of 592 19. Section 5.8 of By-law 2019-051 is hereby amended by replacing "UGC' with "SGA" in subsection e). 20. Section 5.9 of By-law 2019-051 is hereby amended by adding the following after subsection j): "k) In a SGA zone, subsections a) through j) shall apply to the number of parking spaces provided, where any are provided at all." 21. Section 6 of By-law 2019-051 is hereby amended by repealing and replacing Section 6 in its entirety with the text contained in Attachment 2. 22. Section 18 of By-law 2019-051 is hereby amended by adding the following after Section 18.3: "18.4 DEEMED TO COMPLY: DEVELOPMENT APPLICATIONS INA STRATEGIC GROWTH AREA ZONE a) For the following lots, nothing in this By-law applies to prevent the issuance of any building permit, site plan control approval, plan of subdivision approval, or plan of condominium approval where a complete application was made on or after the effective date of this By- law, where said application fully complied with the provisions of By-law Number 85-1 or 2019-051 as it existed immediately before the effective date of this By-law, or where said application fully complied with a minor variance from the provisions of the same which was approved on or after January 1, 2017: i) 20 & 30 Breithaupt Street (By-law 2018-071, S.8) ii) 471, 475, 481 & 505 King Street East and 18-24 Cameron Street South (By-law 2018-073, S.4) iii) 607-641 King Street West (By-law 2021-067, S.8) iv) 61 & 65 Roy Street (By-law 2021-085, S.2) v) 134-152 Shanley Street (By-law 2022-024) vi) 890-900 King Street West (By-law 2022-038, S.2) vii) 30 Francis Street South (By-law 2022-039, S. 3) 7 Page 86 of 592 viii) 20 Ottawa Street North (By-law 2022-070, S.3) ix) 276 King Street East (By-law 2022-080, S.4) x) 95-101 Cedar Street South (By-law 2022-094, S.3) A) 27 Roy Street (By-law 2022-110) xii) 368, 372, 374 and 382 Ottawa Street South and 99, 103, 107, 111 and 115 Pattandon Avenue (By-law 2022-114) xiii) 1251-1253 King Street East and 16 Sheldon Avenue South (By- law 2022-138, S.3) xiv) 206 & 210 Duke Street East and 46-50 Madison Avenue North (By-law 2022-140, S.4) xv) 45-53 Courtland Avenue East (By-law 2023-033, S.4) xvi) 1001 King Street East (By-law 2023-061) xvii) 455-509 Mill Street (By-law 2023-063) xviii) 146-162 Victoria Street South and 92-110 Park Street (By-law 2023-052) xix) 787-851 King Street East / 432 Charles Street East / 5 Stirling Avenue South (SP23/035/S/KA) xx) 332 Charles Street East (By-law 2023-132) b) Nothing in Section 18 shall be deemed to provide an exemption from requirements to set aside Affordable Units, beyond those exemptions included in Section 4; and, "18.5 TRANSITION SUNSET CLAUSE —STRATEGIC GROWTH AREA (SGA) ZONED LOTS Despite Section 18.3, Sections 18.1, 18.2, 18.4, and 18.5, as they apply to lots zoned SGA -1, SGA -2, SGA -3, or SGA -4, are automatically repealed on the tenth anniversary of the effective date of this By-law, and the provisions of Section 34(9) of the Planning Act shall thereafter apply in respect of any buildings, structures, or uses established or erected pursuant to any such complete application." 23. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (1) thereto as follows: M. Page 87 of 592 11 1. Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedules 84, 85, 120, and 121 of Appendix A, the following shall apply: a. the maximum building height shall be 6 storeys, and a 3 metre stepback shall be required after the 5th storey; and, b. for existing buildings exceeding 6 storeys, the maximum building height shall be the existing building height." 24. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (2) thereto as follows: "2. Within the lands zoned SGA -2, SGA -3 or SGA -4 and shown as affected by this provision on Zoning Grid Schedules 84, 85, 120, and 121 of Appendix A, the following shall apply: a) the minimum front, interior side, rear, and exterior side yard setback shall be Om for storeys 1 through 6; b) the minimum King Street, Ontario Street, and Queen Street street line ground floor facade openings shall be 50%; c) residential uses, office and any Creative Industry Use listed in Table 6-1 shall not be permitted on the ground floor, except for access; and, d) the minimum setback for a building base to a lot line abutting Halls Lane, Bell Lane, and Goudies Lane shall be Om." 25. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (3) thereto as follows: "3. Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the maximum building height shall be 10 storeys or 29 metres, whichever is less." 9 Page 88 of 592 26. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (166) thereto as follows: "166. Within the lands zoned OSR-1 and shown as affected by this provision on Zoning Grid Schedule 85 of Appendix A, office shall also be permitted." 27. Section 19 of By-law 2019-051 is hereby amended by repealing Section 19 (189) in its entirety and replacing it thereto as follows: 189. Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedule 83 of Appendix A, the following shall apply: a) the minimum and maximum height of the required visual barrier shall be 2.44 metres; b) the maximum building height shall be 27.75 metres; c) the maximum floorspace ratio shall be 3; d) the minimum front yard setback (Duke Street frontage) shall be 4.1 metres; e) the minimum exterior side yard setback (Shanley Street frontage) shall be 5.8 metres; f) the minimum side yard setback shall be: i. 3 metres for buildings up to 5 storeys; and, ii. 9.3 metres for any portion of the building 6 or more storeys. g) the minimum rear yard setback shall be: i. 9 metres for buildings up to 2 storeys; and, ii. 12 metres for any portion of the building 3 or more storeys. h) the following uses shall also be permitted on the ground floor. i. artisan's establishment; 10 Page 89 of 592 ii. studio and craftsperson shop; iii. convenience retail; iv. day care facility; V. health office; vi. personal services; vii. office; viii. restaurant; and, ix. social service establishment. i) Geothermal Energy systems shall be prohibited." 28. Section 19 of By-law 2019-051 is hereby amended by repealing Section 19 (341) in its entirety and replacing it thereto as follows: "341. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedule 73 of Appendix A, the following shall apply: a) the minimum front yard setback to Park Street shall be 0 metres; b) the minimum exterior side yard setback to Victoria Street South shall be 0 metres; c) the maximum building height shall be 122 metres; d) the maximum number of storeys shall be 38; e) the maximum floorspace ratio shall be 11.68; f) the minimum amount of non-residential gross floor area shall be 1,750 square metres; g) the minimum ground floor street line fagade width as a percent of the width of the abutting street line shall be 70%; h) the minimum percent street line fagade openings shall be 70%; i) the minimum required rate of Class A bicycle parking stalls for multiple dwelling shall be 0.6 spaces per dwelling unit; and, 11 Page 90 of 592 j) geothermal wells are prohibited on site. A geothermal well is a well 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 metres unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation." 29. Section 19 of By-law 2019-051 is hereby amended by repealing Section 19 (348) in its entirety and replacing it thereto as follows: "348. Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedules 117 and 118 of Appendix A, the following shall apply: a) the maximum floor space ratio shall be 2.5 and shall be calculated pre road -widening; b) the minimum rear yard setback shall be: 22.5 metres for any portion of the building 4 or more storeys in height; ii. 26.2 metres for any portion of the building 7 or more storeys in height; iii. 33.3 metres for any portion of the building 8 storeys; and, c) Geothermal Energy Systems shall be prohibited." 30. Section 19 of By-law 2019-051 is hereby amended by repealing Section 19 (362) in its entirety and replacing it thereto as follows: "362. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedules 118, 144 and 145 of Appendix A, the following shall apply: 12 Page 91 of 592 a) the maximum floor space ratio shall be 8.5 and shall be calculated pre -road widening and pre -conveyance of parkland; b) the maximum building height shall be 145 metres; c) the maximum number of storeys shall be 44; d) the minimum rear yard building base setback shall be 0 metres; e) the minimum rear yard building tower setback shall be 2.5 metres; f) the minimum interior side yard building setback shall be 2.9 metres and regulated pre- conveyance of parkland; g) the minimum ground floor street line fagade width as a percent of the width of the abutting street line shall be 25%; h) the maximum number of storeys in the base of a mid -rise building or tall building shall be 8; i) the minimum non-residential gross floor area shall be 2000 square metres; and, j) Geothermal Energy Systems shall be prohibited." 31. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (16) thereto as follows: 16. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedules 40, 41, 73 and 74 of Appendix A, the following uses shall only be permitted as an accessory use in the manufacturing of industrial equipment and machinery Stamping, Blanking or Punch -Pressing of Metal Vulcanizing of Rubber or Rubber Products: a) Refining, rolling, forging or extruding of metal." 32. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (17) thereto as follows: "17. Within the lands zoned SGA -3 or SGA -4 and shown as affected by this provision on Zoning Grid Schedules 73, 74, 83, 84, 117, 118, 119, 144, 13 Page 92 of 592 and 145 of Appendix A, a day care facility, dwelling unit, home occupation, hotel, lodging house, school, large residential care facility, and small residential care facility shall not be permitted in any building unless: a) existing on the date of passing of this By-law; or b) Located within a portion of a building located a minimum of 15.0 metres from the railway right-of-way." 33. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (51) thereto as follows: "51. Within the lands zoned SGA -3 or SGA -4 and shown as affected by this provision on Zoning Grid Schedules 40, 41, 73, 74, 83, 84, and 122 of Appendix A, a day care facility, dwelling unit, home occupation, hotel, lodging house, school, large residential care facility, and small residential care facility shall not be permitted in any building unless: a) existing on the date of passing of this By-law; or b) Located within a portion of a building located a minimum of 30.0 metres from the railway right-of-way." 34. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (52) thereto as follows: "52. Within the lands zoned SGA -3 or SGA -4 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, day care facility, dwelling unit, home occupation, lodging house, school, large residential care facility, small residential care facility shall not be permitted in any building, except for where: a) a setback of 30.0 metres from the lot line abutting the CN Rail right- of-way has been provided for any parts of a building used for a day 14 Page 93 of 592 care facility, dwelling unit, lodging house, residential care facility, school, or social service establishment; and, b) a detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, has been completed to the satisfaction of the Region." 35. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (54) thereto as follows: "54. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, the following uses shall not be permitted: a) commercial entertainment; b) conference, convention, or exhibition facility; c) cultural facility; d) dwelling unit; e) home occupation; f) hospice; g) hotel; h) lodging house; i) place of worship; j) residential care facility; k) school; and, 1) social service establishment." 36. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (125) thereto as follows: "125. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, the following shall apply: 15 Page 94 of 592 a) commercial entertainment, conference, convention, or exhibition facility, cultural facility, hotel, lodging house, or place of worship shall not be permitted; and, b) day care facility, dwelling unit, hospice, hotel, lodging house, residential care facility, school, or social service establishment shall not be permitted unless the City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and/or regulations." 37. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (130) thereto as follows: "130. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, a brewpub shall be permitted." 38. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (131) thereto as follows: "131. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedules 119 and 143 of Appendix A, the following shall apply: a) no building or structure having a height greater than 0.9 metres shall be permitted within the area defined in the image below; and, b) the maximum exterior side yard setback from the Charles Street street line shall be 3 metres beyond the area defined in the image below, or 7.5 metres from the street line, whichever is greater." 16 Page 95 of 592 Region of Waterloo Sight Line Governing Driver Visibility v VehicularAeGess Paints to 432 Charles St_ SUbject Area CID Cff 39. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (132) thereto as follows: "132. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, a mixed-use development shall be permitted in accordance with the following: a) all off-street parking spaces provided on the lands shall be located at or below grade; 17 Page 96 of 592 5gR_j 8137 e+m vnm s 71 39. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (132) thereto as follows: "132. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, a mixed-use development shall be permitted in accordance with the following: a) all off-street parking spaces provided on the lands shall be located at or below grade; 17 Page 96 of 592 b) a minimum of 1 bicycle parking stall, which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker, per 333 square metres of gross floor area of all uses shall be provided; c) a minimum of 1 bicycle parking stall, which is located in accessible and highly visible locations near the entrance of a building and are accessible to the general public, per 500 square metres of gross floor area of all uses shall be provided; d) the front yard shall be the lot line abutting Breithaupt Street; and, e) the maximum floorspace ratio shall be 4.5." 40. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (133) thereto as follows: 133. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, the following shall apply: a) the rear lot line shall be the lot line abutting Wellington Street North; i) The minimum rear yard setback shall be 15 metres for any portion of a building with a building height of less than 21 metres; ii) The minimum rear yard setback shall be 31.5 metres for any portion of a building with a building height of less than 21 metres; b) a building used for access to underground parking which is combined with an amenity of landscape feature shall not be subject to regulation a) above; c) the maximum building height shall be 50 metres; d) the minimum front yard setback from Breithaupt Street shall be 0 metres for any portion of a building; and, e) the minimum exterior side yard setback from Moore Avenue shall be 0 metres for any portion of a building." 41. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (136) thereto as follows: 18 Page 97 of 592 136. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, the following shall apply: a) the maximum building height shall be 18.0 metres; and, b) the minimum side yard setback where the lot abuts a lot with an SGA - 2 zone shall be 7.5 metres." 42. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (137) thereto as follows: "137. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the following shall apply: a) Definitions for the purpose of this regulation: i) "Tall Building" shall mean any building that is 9 storeys or more; ii) "Tower' shall mean the `middle' portion of a Tall Building connecting the Base or Podium to the top and housing the primary function; iii) "Base" or "Podium" includes the ground floor and any additional floors with a direct relationship to the streetscape and public realm. This can include multistorey podiums, portions of a Tower which extend to the ground floor and structured parking areas; iv) "Floor Plate" shall mean the building floor area of the Tower portion of the building; v) "Public Art' shall mean visual art integrated into the building design or provided on site which is accessible and visible to the general public; vi) "Streetscape" shall mean those functional and decorative elements that are placed, laid, erected, planted or suspended within a public or communal urban space. They include public utilities and amenities, visible elements of service infrastructure, street lights, traffic signs and signals, street trees and other horticultural elements, general public furniture, advertising signs and decorations. 19 Page 98 of 592 b) The maximum floor space ratio shall be 7.1; c) The minimum front yard setback and side yard setback abutting streets and rear yard setback for a Podium with a maximum height of five storeys shall be 0.0 metres; d) The minimum stepback for a tower above the Podium is 2.8 metres; e) The maximum building heights of two Tall Buildings are 72 metres and 59.5 metres; f) The maximum permitted gross floor area of retail space shall be 1169 square metres. 43. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (140) thereto as follows: "140. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, the following shall apply: a) For the purposes of regulations (b) to (h), the following definitions shall apply: "Tall Building" shall mean any residential or mixed use building containing residential uses that is 9 storeys or more; ii. "Tower' shall mean the `middle' portion of a Tall Building connecting the Base to the top and housing the residential use; iii. "Base" shall mean the ground floor and any additional floors with a direct relationship to the streetscape and public realm. This can include multi-storey podiums, portions of a Tower which extend to the ground floor and above grade structured parking areas; iv. "Tower Floor Plate" shall mean the Building Floor Area of a typical storey of the Tower portion of the building; V. "Heritage House" shall mean the original structure constructed in 1897 which has cultural heritage significance and has historically been known or referred to as the `Kaufman House'; 20 Page 99 of 592 vi. "Crash Wall" shall mean the structure that meets accepted safety standard that is intended to provide protection from a potential derailment; vii. "Below Grade" shall mean any portion of a building where the finished grade meets the exterior wall at an elevation not more than 0.5 metres below the elevation of the underside of an interior ceiling and the maximum slope taken from the closest lot line is not more than 18 degrees (3:1 slope). In the case where a retaining wall has been installed to meet these criteria, that portion of the building shall in no way be considered to be below grade; viii. "Building Floor Area" shall mean the aggregate horizontal floor area measured from the exterior walls of all storeys of a building excluding any floor area located below grade. The midpoint of a common wall shall be considered the face of the exterior in the case of common walls located on a lot line; b) Setbacks from Railways shall be in accordance with Section 4.16 of this By-law, with the following special regulations: No minimum setback shall be required for any building or part thereof devoted to parking or to non-residential use; and ii. The setback from the railway to any building or part thereof used for residential dwellings shall be a minimum of 30 metres. The setback may be measured as the sum total of the following two measurements provided that a Crash Wall, or combination berm and fence are provided within the horizontal setback between the residential use and the lot line abutting the CN Rail right-of- way; iii. The horizontal setback to the residential use from the lot line abutting the CN Rail right-of-way; and iv. The vertical distance from the finished elevation of the CN railway line at the centerline of the tracks to the finished elevation of the residential use. c) Parking on the subject lands shall be subject to the following regulations: Underground parking spaces shall have a minimum dimension of 2.6 m in width and 5.5 m in length; 21 Page 100 of 592 ii. Underground parking is permitted with a setback of 0 metres from King Street and 0 metres from Wellington Street; iii. A minimum of 20% of the parking spaces provided for multiple dwellings shall be designed to permit the future installation of electric vehicle supply equipment; d) Bicycle Parking on the subject lands shall be subject to the following regulations: The minimum requirement for Class A Bicycle Parking Stalls shall be 0.5 Class A Bicycle Parking Stalls per dwelling unit. ii. For Office uses, the minimum requirement for Class A Bicycle Parking Stalls shall be 1 per 500 m2 of gross floor area. iii. For Retail uses, the minimum requirement for Class A Bicycle Parking Stalls shall be 1 per 1,000 m2 of gross floor area. iv. Shower and change facilities shall be provided in conjunction with the Class A Bicycle Parking Stalls required for any non- residential uses in accordance with the following table: Required Number of Class A Bicycle Parking Stalls Minimum Total Area of Shower and Change Facilities Minimum Number of Showers within Shower and Change Facilities 5-60 8 m2 2 showers 61-120 12 m2 4 showers 121-180 16 m2 6 showers Greater than 180 20 m2 8 showers V. Notwithstanding the above, shower and change facilities shall not be required for individual non-residential units with an area of 1,000 m2 or less. e) Buildings on the subject lands shall be subject to the following regulations: No minimum setback from the abutting railway shall be required for any building or part thereof devoted to parking or to non- residential use; 22 Page 101 of 592 ii. Dwelling units shall be permitted on the ground floor of a mixed use building; iii. The minimum width of a primary ground floor facade shall be 0%; iv. The maximum Floor Space Ratio (FSR) shall be 7.5; V. The maximum gross floor area for an individual retail outlet may exceed 1,000 metres squared; vi. A maximum gross floor area of 10,000 metres squared of non- residential uses is permitted. Office use shall not be included for the purpose of the non-residential gross floor area cap of 10,000 metres squared; vii. The minimum percentage of non-residential uses required shall be 0%. viii. The maximum residential Tower Floor Plate for a Tall Building shall be 850 square metres. ix. The maximum Base height for a residential Tall Building shall be 24 metres. f) The Heritage House on the subject lands shall be subject to the following regulations: No buildings shall be permitted between the Heritage House and the King Street street line; ii. A porch attached to the Heritage House shall be permitted between the building and the King Street street line and the maximum height regulation of Section 4.14.7 b) shall not apply; iii. A canopy over the building entrance of the Heritage House may be permitted between the building and the King Street street line and the maximum projection regulation of Section 4.14.3 b) shall not apply; iv. The minimum horizontal separation distance from the Heritage House to a new building up to 8.0 metres in height to its northwest shall be 5.5 metres; 23 Page 102 of 592 V. The minimum horizontal separation distance from the Heritage House to a new building above 9.5 metres in height to its northwest shall be 18.5 metres; vi. The minimum horizontal separation distance from the Heritage House to a new building up to 8.0 metres in height to its southeast shall be 11.5 metres; vii. The minimum horizontal separation distance from the Heritage House to a new building above 8.0 metres in height to its southeast shall be 40 metres; viii. A building addition of up to 6.0 metres in depth may be permitted along the rear elevation of the Heritage House; ix. The minimum horizontal separation distance from the Heritage House to a building above 8.0 metres in height to its southwest shall be 17.5 metres; X. The Heritage House shall be deemed to comply to all applicable zoning regulations, including yards, building height, fagade regulations and floor space ratio; and A. Retail and other non-residential uses shall be permitted in the Heritage House and shall not be required to be located only on the ground floor with other permitted uses in upper floors of the Heritage House. g) Any building or portion of a building within 45 metres of the King Street street line shall also be subject to the following regulations: The minimum setback from the lot line shared with the railway shall be 0.0 metres for a Crash Wall and 5.0 metres for a building used for parking or non-residential use where no Crash Wall is provided; ii. The minimum setback from the King Street street line shall be 1.5 metres except if located within 105 metres of the Wellington Street street line, in which case it shall be 4.5 metres with a maximum building height of 8.0 metres; iii. The maximum setback to the King Street street line shall be 7.5 metres except if located within 110 metres of the Wellington Street street line, in which case there shall be no maximum setback; 24 Page 103 of 592 iv. For a building with frontage on King Street, a minimum stepback from the King Street fagade Base of a Tall Building to a Tower shall be 3.0 metres; V. The minimum setback from the Wellington Street street line shall be 1.5 metres. Ground level patios may encroach within this setback; vi. The maximum setback from the Wellington Street street line shall be 7.5 metres; vii. A minimum stepback from the Wellington Street facade Base of a Tall Building to a Tower shall be 3.0 metres; viii. A building having frontage on King Street as well as Wellington Street: a) Shall be subject to the fagade openings regulations of Section 55.2.1 of this By-law in relation to the King Street fagade; and b) Shall not be subject to the fagade openings regulations of Section 55.2.1 of this Bylaw in relation to the Wellington Street facade. ix. Canopies and stairs shall be subject to a 0.0 metre minimum setback in relation to the King Street street line. h) Any building or portion of a building that is not within 45 metres of the King Street street line shall also be subject to the following regulations: Within 7 metres of the Wellington Street streetline the maximum height shall be 15 metres; and ii. The minimum setback to the Tower portion of a Tall Building from the southern lot line shall be 7.5 metres". 44. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (141) thereto as follows: "141. Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the following shall apply: 25 Page 104 of 592 a) A multiple dwelling and mixed-use building shall be permitted in accordance with the following: The minimum lot width shall be 30.0 metres; ii. The minimum front yard setback shall be 3.0 metres; iii. The minimum exterior side yard setback shall be 3.0 metres; iv. The minimum side yard setback shall be 4.5 metres; V. The maximum floorspace ratio shall be 3.6; vi. The maximum building height shall be 25.0 metres; vii. The maximum number of storeys shall be 8. b) Bicycle Parking Stalls shall be provided in accordance with the following: Use Class A Bicycle Stall Class B Bicycle Stall Multiple Dwelling 0.5 per unit without a private 6 garage c) For the purpose of regulation c) above, a Class A Bicycle Parking Stall shall be a bicycle space which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker; d) For the purpose of regulation c) above, a Class B Bicycle Stall shall be a bicycle space which is located in accessible and highly visible locations near the entrance of a building and are accessible to the general public." 45. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (162) thereto as follows: "162. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedules 39 and 75 of Appendix A, the following shall apply: a) Canopies and stairs shall be subject to a 0 metre minimum setback in relation to the lot line abutting King Street; b) Parking on the subject lands shall be provided according to the following regulations: 26 Page 105 of 592 i) A minimum of 10% of the parking spaces provided for multiple dwellings shall be designed to permit the future installation of electric vehicle supply equipment; ii) For multiple dwellings, the minimum requirement for Class A bicycle parking stalls shall be 0.5 Class A bicycle parking stalls per unit; iii) For multiple dwellings, a minimum of 6 Class 8 bicycle parking stalls shall be provided, and these may be shared with non- residential uses; c) No shower and change facilities shall be required for non-residential uses; d) 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 metres unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. e) Any building on the subject lands shall be subject to the following regulations: i) The rear yard setback from the lot line abutting the lands municipally addressed as 904 King Street West shall be 0.7 metres; ii) The side yard setback from the lot line abutting Dodds Lane shall be 0.6 metres; iii) The maximum floor space ratio shall be 10.1; iv) The minimum percentage of non-residential uses required shall be 0%; v) The minimum number of storeys in the base of a tall building shall be 2 storeys or 7.0 metres; vi) The maximum number of storeys in the base of a tall building shall be 6 storeys or 24.0 metres; vii) The minimum setback from Dodds Lane to the Tower portion of a building shall be 5.0 metres; 27 Page 106 of 592 viii)The maximum building height shall be 81 metres; and ix) The maximum number of storeys shall be 25 not including the mechanical penthouse." 46. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (163) thereto as follows: "163. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following shall apply: a) Dwelling units shall be permitted in a building containing non- residential uses on the ground floor; b) Dwelling units and accessory amenity use shall not be located on the ground floor; c) The minimum building floor area on the ground floor for any use(s) listed in Section 17.1 of this By-law, except for those uses listed in subsection (b) above, shall be 250 square metres; g) The minimum rear yard setback shall be 0 metres." 47. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (165) thereto as follows: "165. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedule 143 of Appendix A, the following shall apply: a) Dwelling units shall be permitted to be located on the ground floor with non-residential uses; b) The minimum rear yard setback shall be 15.0 metres for any portion of a building with a building height of 5 storeys or greater that is abutting any property with an SGA -1 zone; c) The minimum side yard setback shall be 4.5 metres for any portion of a building abutting any property with an SGA -1 zone; and, d) The minimum and maximum height of the required visual barrier shall be 2.44 metres." 28 Page 107 of 592 48. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (167) thereto as follows: "167. Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the following shall apply: a) The maximum floorspace ratio shall be 4.8; b) The maximum building height shall be 28.5 metres or 7 storeys; c) The minimum front yard setback abutting King Street shall be 2.0 metres; d) The maximum front yard setback abutting King Street shall be 2.0 metres; e) The minimum exterior side yard setback abutting Eby Street shall be 0 metres; f) The maximum exteriorside yard setback abutting Eby Street shall be 2.0 metres; g) The minimum side yard setback from the northwest property line (I.e., abutting 270 King Street East) shall be 1.2 metres; h) The minimum rear yard setback shall be 4.0 metres; i) Dwelling units shall not be located on the ground floor; j) An outdoor rooftop amenity area shall be provided for a building containing dwelling units. The outdoor rooftop amenity area shall have a minimum area of 100 square metres; k) No outdoor storage of goods, materials or equipment shall be permitted. This shall not, however, prevent the display of goods for retail purposes; I) The minimum number of secured, long-term bicycle parking stalls shall be 33; m) The minimum number of short-term publicly accessible bicycle parking stalls shall be 12." 49. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (168) thereto as follows: 29 Page 108 of 592 "168. Within the lands zoned SGA -1 and shown as affected by this provision on Zoning Grid Schedules 119 and 120 of appendix A, the following shall apply: a) The minimum lot width for a lot containing a building with more than 3 dwelling units shall be 36 metres; b) The maximum building height for a multiple dwelling which includes partially below grade structured parking shall be 16 metres. Any multiple dwelling not incorporating structured parking shall have a maximum building height of 14 metres; c) The maximum floorspace ratio for a multiple dwelling which includes structured parking shall be 1.46; d) The minimum front yard setback for lands be: 3.0 metres for any portion of the building not exceeding 4.0 metres in height; ii. 5.2 metres for any portion of a building exceeding 4.0 metres in height, provided however that 3rd and 4th floor building projections are permitted to have a setback of 3.95 metres. e) For the purposes of regulations 168 f) to g) "Building Height" shall mean the vertical distance between the lowest finished grade elevation along the lot line related to such yard at that point closest to the building and the horizontal extension of the uppermost point of the building: f) The minimum rear yard setback for any portion of a building not exceeding 3.0 metres in Building Height shall be 3.5 metres; g) The minimum side yard setback along the northerly lot line shall be: 1.5 metres for any portion of a building not exceeding 9.0 metres in Building Height, and; ii. 3.0 metres for any portion of a building exceeding 9.0 metres in Building Height; h) Dwelling units located on the ground floor are not required to have an exclusive use patio area. 30 Page 109 of 592 i) Stairs, access ramps and porches having height greater than 0.6 metres above finished grade level are permitted within the front yard and within 3.0 metres of a street line. j) That a "driveway visibility triangle" shall be measured from the point of intersection of a street line and the edge of a driveway a distance of 3 metres from the street line and 4.5 metres from the edge of the driveway." 50. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (170) thereto as follows: "170. Within the lands zoned SGA -1 and shown as affected by this provision on Zoning Grid Schedule 121 of Appendix A, the following shall apply: a) An artisan's establishment and restaurant shall be permitted uses and may locate within a building containing residential uses; b) The minimum lot area shall be 418.06 square metres; c) The minimum lot width shall be 13.72 metres; and d) The maximum number of dwelling units in a multiple dwelling shall be 4 dwelling units." 51. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (172) thereto as follows: "172. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedule 143 of Appendix A, the following shall apply: a) The maximum floorspace ratio shall be 8.6; b) On-site parking shall be provided as follows: i) Bicycle and electric vehicle parking are to be provided in accordance with Section 5 of this By-law. c) Dwelling units shall be permitted to be located on the ground floor with non-residential uses; d) Geothermal Energy Systems shall be prohibited." 31 Page 110 of 592 52. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (175) thereto as follows: "175. Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedule 143 of Appendix A, the following shall apply: a) The maximum floor space ratio shall be 8.1. For clarity, the floor space ratio shall be calculated based on a pre -road widening lot area of 6,492 square metres. b) The minimum exterior side yard setback abutting Charles Street East shall be: i) 1.2 metres for the ground floor,- ii) loor, ii) 0.0 metres for storeys above the ground floor c) The minimum exterior side yard setback abutting King Street East shall be: i) 1.2 metres for portions of the building containing commercial, residential and amenity uses; ii) 5.0 metres for portions of the building containing mechanical and/or parking structure. For clarity, the setback shall be measured based on the post -road widening lot line. d) Live -work units shall be permitted to be located on the ground floor fronting Charles Street East. e) Bicycle parking is to be provided as follows: Use Class A Bicycle Stall Class B Bicycle Stall Multiple Dwelling 0.5 per unit 8 For the purposes of this regulation a 'Class A Bicycle Stall' shall be a bicycle space which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker. For the purposes of this regulation a 'Class B Bicycle Stall' shall be a bicycle space which is located in accessible and highly visible locations near the entrance of a building and are accessible to the general public. f) A minimum of 20 percent of the on-site parking spaces provided for multiple dwellings shall be designed to permit future installation of electric vehicle supply equipment. 32 Page 111 of 592 g) Geothermal Energy Systems shall be prohibited." 53. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (388) thereto as follows: "388. Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix `A', the following special regulations shall apply: a) The maximum Floor Space Ratio shall be 9.8. b) On-site Parking shall be provided as follows: i) Bicycle parking stalls and electric vehicle parking spaces are to be provided in accordance with By-law 2019-051; c) The minimum rear yard (opposite Charles Street East) setback shall be 3.0 metres from the building and a 0 metre setback from the stairwell. d) The minimum ground floor building height along the Charles Street East street line fagade shall be 4.5 metres. e) The minimum Side Yard Abutting a Street setback (setback to Betzner Avenue South) shall be 0.0 metres and shall allow the projections into Driveway Visibility Triangles." 54. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (18) thereto as follows: "(18H). "Despite the permitted uses within the applicable SGA -1, SGA -2, SGA -3, and SGA -4 zones, within the lands shown as affected by this provision on a Zoning Grid Schedule of Appendix A, the following uses, shall not be permitted unless the City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and/or regulations: a) cultural facility; b) day care facility; c) dwelling unit; 33 Page 112 of 592 d) elementary school; e) hotel; f) lodging house; g) personal services; h) post -secondary school; i) secondary school; j) small and large residential care facility; or k) social service establishment." 55. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (19) thereto as follows: "(19H). Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedules 39, 40, 41, 73, 74, 75, 83, 84, 85, 117, 118, 119, 120, 121, 142, 143, 144, and 145 of Appendix A, buildings and structures, including temporary structures, shall not exceed a maximum height in accordance with the "Land Use Assessment CYKF - KITCHENER/WATERLOO, ON RNAV (RNP) Y RWY 08-RNP0.3" prepared by IDS North America dated October 3, 2023 and additionally as follows: i) Areas 1 through 6 - 1,600 feet above sea level ii) Area 7 - 1,573 feet above sea level iii) Area 8 - 1,530 feet above sea level iv) Area 9 - 1,596 feet above sea level v) Area 10 - 1,534 feet above sea level Until such time as: a) a detailed NAV Canada Land Use Assessment or Aeronautical Assessment prepared by a qualified consultant has been completed to the satisfaction of NAV Canada, in consultation with the Region, and the holding symbol affecting these lands has been removed by by-law. The 34 Page 113 of 592 recommendations and/or conditions, including maximum permitted building and structure height, will be secured through a development agreement in accordance with section 41 of the Planning Act and registered on the title of the lands; or b) the Region has completed the Region of Waterloo International Airport Master Plan update in progress at the time of the application of this holding provision in 2024 and any necessary updates to the Federal Airport Zoning Regulations have been completed, and the holding symbol affecting these lands has been removed by by-law." 56. Section 20 of By-law 2019-51 is hereby amended by repealing Holding Provision (36) in its entirety and replacing it thereto as follows: "(36H). Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedule 73 of Appendix A, dwelling units shall not be permitted until such time as the City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and/or regulations, and the holding symbol affecting these lands has been removed by by-law." 57. Section 20 of By-law 2019-51 is hereby amended by repealing Holding Provision (37) in its entirety and replacing it thereto as follows: "(37H). Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedule 117 and 118 of Appendix A, dwelling units shall not be permitted until such time as a Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures." 35 Page 114 of 592 58. Section 20 of By-law 2019-51 is hereby amended by repealing Holding Provision (43) in its entirety and replacing it thereto as follows: "(43H). Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedules 118, 144 and 145 of Appendix A, the following shall apply: a) Dwelling units shall not be permitted until such time as the City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and/or regulations, and the holding symbol affecting these lands has been removed by by-law. b) Dwelling units shall not be permitted until such time as a Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures." 59. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (64) thereto as follows: "(64H). Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the following shall apply: 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. The detailed stationary noise study shall review the potential impacts of noise (e.g. HVAC systems) on the sensitive points of 36 Page 115 of 592 reception and the impacts of the development on adjacent noise sensitive uses. ii) No development on the lands shall occur until a detailed Site Servicing Study has been completed and implementation measures addressed to the satisfaction of the Region. iii) No development on the lands shall occur until such time as an Urban Design Brief is approved by the City's Director of Planning demonstrating a high quality of urban design that contributes positively to the public realm and streetscapes with adequate onsite amenity." 60. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (69) thereto as follows: "(69H). Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedules 119 and 143 of Appendix A, a day care facility, dwelling unit, hotel, lodging house, residential care facility, school, or social service establishment shall not be permitted until such time as: a) A detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, has been completed to the satisfaction of the Region and any necessary agreement has been entered into, between the City and the owner of the property, providing for the implementation of any recommended noise mitigation measures; b) The City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and/or regulations; and, c) The holding symbol affecting these lands has been removed by by- law." 61. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (70) thereto as follows: 37 Page 116 of 592 "(70H). Within the lands zoned SGA -3 or SGA -4 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, a commercial parking facility (not requiring building permits), transportation depot (not requiring building permits), wayside pit, construction trailer, sales office and/or office of up to 500 square metres of gross floor area on each property (unless located within an existing building and in accordance with the regulations of Section 5 of this By-law, in which case no maximum gross floor area shall apply) shall be permitted in accordance with the regulations of Section 5 of this By-law. The holding symbol shall not be removed until such time as: a) The City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation; b) A detailed Servicing Capacity Study for all phases of development has been completed to the satisfaction of the City's Director of Engineering and Director of Utilities; and c) The holding symbol affecting these lands has been removed by by- law." 62. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (72) thereto as follows: "(72H). Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedules 74 and 84 of Appendix A, only existing uses, including those uses approved by Site Plan Application SP1 9/081 /K/JVW, shall be permitted until such time as the holding symbol is removed by the City's Director of Planning. The holding symbol can be removed once a detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, has been completed to the satisfaction of the Region. The holding provision may be removed incrementally with each stage of site plan approval subject to receipt and approval of the detailed Noise and Vibration Assessment relating to the corresponding stage." 38 Page 117 of 592 63. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (73) thereto as follows: "(73H). Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedule 143 of Appendix A, dwelling units shall not be permitted until such a time as: a) A detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, has been completed to the satisfaction of the Region and any necessary agreement has been entered into, between the City and/or the Region and the owner of the property, providing for the implementation of any recommended noise mitigation measures; and, b) The City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and/or regulations." 64. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (74) thereto as follows: "(74H). Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, a day care facility, dwelling unit, hotel, lodging house, residential care facility, school, or social service establishment shall not be permitted until such time as a detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, has been completed to the satisfaction of the Region." 65. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (75) thereto as follows: "(75H). Within the lands zoned SGA -3 and shown as affected by this provision on Zoning Grid Schedule 143 of Appendix A, the following shall apply: a) Dwelling units shall not be permitted until such time as the City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has 39 Page 118 of 592 been completed in accordance with the relevant Ontario legislation and/or regulations and the holding symbol affecting these lands has been removed by by-law. b) Dwelling units shall not be permitted until such time as a Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures." 66. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (76) thereto as follows: "(76H). Within the lands zoned SGA -2 and shown as affected by this provision on Zoning Grid Schedule 85 of Appendix A, only those uses which lawfully existed on the date of passing of this By-law, shall be permitted to continue until such time as this Holding Provision is removed by by-law once the City is in receipt of a letter from the Region, advising that: a) A Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed with the Ministry of Environment, Conservation and Parks (M ECP) Environmental Site Registry; b) The Region has received and approved a copy of the RSC and the Ministry's RSC Acknowledgement letter; and, c) A detailed stationary noise study has been completed and submitted to the satisfaction of the Region which addresses implementation measures and reviews the potential impacts of the development on site noise sensitive receptors (e.g. HVAC system on the sensitive points of reception) and the impacts of the development on adjacent noise sensitive uses." 40 Page 119 of 592 67. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (77) thereto as follows: "(77H). Within the lands zoned SGA -4 and shown as affected by this provision on Zoning Grid Schedule 143 of Appendix A, the following shall apply: a) Dwelling units shall not be permitted until such time as the City has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and the holding symbol affecting these lands has been removed by by-law. b) Dwelling units shall not be permitted until such time as a Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures." 68. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (78) thereto as follows: "(78H). Within the lands zoned SGA -4 and shown as affected by this provision on a Zoning Grid Schedules 39, 40, 41, 73, 74, 75, 83, 84, 85, 117, 118, 119, 120, 121, 142, 143, 144, and 145, no development or redevelopment shall be permitted until such time as a detailed Servicing Capacity Study has been deemed to be required and completed to the satisfaction of the City's Director of Engineering and Director of Utilities and the holding symbol affecting these lands has been removed by by-law." 69. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (81) thereto as follows: 41 Page 120 of 592 "(81H). Within the lands shown as affected by this provision in Appendix A, development and redevelopment shall not be permitted until such time as a detailed Noise and Vibration Assessment, to assess both potential off- site and on-site transportation and stationary noise sources, has been completed to the satisfaction of the Region and any necessary agreement has been entered into, between the City of Kitchener and the owner of the property, providing for the implementation of any recommended noise mitigation measures and the holding symbol affecting these lands has been removed by by-law." 70. Appendix G — Priority Streets is hereby added to By-law 2019-051 in accordance with Attachment 3. 71. This By-law shall become effective only if Official Plan Amendment No. _ (Growing Together - 1994 Official Plan (Secondary Plans)) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. PA 3, as amended. 72. This By-law shall become effective only if Official Plan Amendment No. _ (Growing Together (PMTSA Lands)) 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. 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III cm .o N W CL N N O m N m N N E U Q METRIC SCALE 14000 100 Meters z r N _0 N CL CL Q N CIDN O m N m N a� E U Q METRIC SCALE 1:4000 100 Meters z 11 MIN a METRIC SCALE 1:4000 100 Meters z Mimi i •4a r N _0 (D CL CL El METRIC SCALE 14000 100 Meters �E �Ez Z =; z zc: x .0 a� 0U) � U � m U) CL N CLU N c) a ATTACHMENT 2 Page 144 of 592 SECTION 6 Page 1 of 14 SECTION 6 — Strategic Growth Area Zones (SGA) The Strategic Growth Area Zones apply to lands designated Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C in the City of Kitchener Official Plan. 6.1 APPLICABLE ZONES SGA -1: Low Rise Growth Zone — the purpose of this zone is to create opportunities for missing middle housing and compatible non-residential uses in low-rise forms up to 11 metres in height. This zone applies to lands designated Strategic Growth Area A in the City of Kitchener Official Plan. SGA -2: Mid Rise Growth Zone — the purpose of this zone is to create opportunities for moderate growth in mid -rise forms up to 8 storeys in height. The SGA -2 zone will permit a mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area A or Strategic Growth Area B in the City of Kitchener Official Plan. SGA -3: High Rise Growth Zone (Limited) — the purpose of this zone is to create opportunities for high-density growth in both mid and high-rise forms up to 25 storeys in height. The SGA -3 zone will permit a wide mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area B or Strategic Growth Area C in the City of Kitchener Official Plan. SGA -4: High Rise Growth Zone —the purpose of this zone is to create opportunities for high- density growth in both mid and high-rise forms. The SGA -4 zone will permit a wide mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area C in the City of Kitchener Official Plan. 6.2 PERMITTED USES No person shall, within any Strategic Growth Area Zone use or permit the use of any lot or erect, alter or use any building or structure for any purpose other than those permitted uses within Table 6-1 below. Table 6-1: Permitted Uses within the Strategic Growth Area Zones Use SGA -1 SGA -2 SGA -3 SGA -4 Residential Uses Dwelling unit ✓ ✓ ✓ ✓ Hospice (1) ✓ ✓ ✓ ✓ Large residential care facility (1) ✓ ✓ ✓ Lodging house (1) ✓ ✓ ✓ ✓ Multiple dwelling ✓ ✓ ✓ ✓ City of Kitchener Zoning By-law 2019-051 Page 145 of 592 SECTION 6 Page 2 of 14 Use SGA -1 SGA -2 SGA -3 SGA -4 Semi-detached dwelling (2) ✓ ✓(3) (4) Single detached dwelling (2) ✓ ✓(3) (4) Small residential care facility (1) ✓ ✓ ✓ ✓ Street townhouse dwelling (2) ✓ ✓(3) ✓(7) Home Occupations Home occupation (5) (5) (5) (5) Community Uses Adult education school ✓ ✓ ✓ Community facility ✓ ✓ ✓ ✓ Cultural facility ✓ ✓ ✓ ✓ Day care facility ✓ ✓ ✓ ✓ Elementary school ✓ ✓ ✓ Hospital ✓ ✓ Place of worship ✓ ✓ ✓ ✓ Post -secondary school ✓ ✓ ✓ Secondary school ✓ ✓ ✓ Social service establishment ✓ ✓ ✓ ✓ Commercial Uses Artisan's establishment ✓ ✓ ✓ ✓ Brewpub ✓(6) ✓ ✓ ✓ Catering services establishment ✓ ✓ ✓ Commercial entertainment ✓ ✓ ✓ Commercial parking facility ✓ ✓ ✓ Commercial school ✓ ✓ ✓ ✓ Conference, convention, or exhibition Facility ✓ ✓ City of Kitchener Zoning By-law 2019-051 Page 146 of 592 SECTION 6 Page 3 of 14 Use SGA -1 SGA -2 SGA -3 SGA -4 Craftsperson shop ✓ ✓ ✓ ✓ Financial establishment ✓ ✓ ✓ Fitness centre ✓ ✓ ✓ ✓ Health clinic ✓(6) ✓ ✓ ✓ Hotel ✓ ✓ ✓ Light repair operation ✓ ✓ ✓ ✓ Office ✓ ✓ ✓ ✓ Payday loan establishment ✓ ✓ ✓ Pawn establishment ✓ ✓ ✓ Personal services ✓ ✓ ✓ ✓ Pet services establishment ✓ ✓ ✓ ✓ Print shop ✓ ✓ ✓ ✓ Restaurant ✓(6) ✓ ✓ ✓ Retail ✓ ✓ ✓ ✓ Veterinary services ✓(6) ✓ ✓ ✓ Creative Industry Uses Biotechnological establishment ✓ ✓ ✓ Computer, electronic, data processing or server establishment ✓ ✓ ✓ Creative products manufacturing ✓ ✓ ✓ Research and development establishment ✓ ✓ ✓ Additional Regulations for Permitted Uses Table 6-1 (1) Shall be in accordance with the regulations of the SGA zone and dwelling type in which the lodging house, hospice, or large or small residential care facility is located. (2) Up to 3 dwelling units shall be permitted on a lot containing a single detached dwelling, semi- detached dwelling unit, or street townhouse dwelling unit in accordance with the regulations for additional dwelling units (attached) and (detached) in Section 4.12.1, 4.12.2, and 4.12.3. City of Kitchener Zoning By-law 2019-051 Page 147 of 592 SECTION 6 Page 4 of 14 Notwithstanding Section 4.12, no minimum lot width or lot area shall apply to additional dwelling units (attached) or (detached) in an SGA zone. (3) Shall only be permitted on a lot containing an existing single detached dwelling, semi- detached dwelling, or street townhouse dwelling. (4) New single detached dwellings and semi-detached dwellings shall not be permitted. Additions and alterations to existing dwellings shall be permitted in accordance with Section 6.3.1, including allowing up to 3 units on a lot. (5) Shall be permitted in accordance with Section 4.7 (Home Occupation). (6) Shall only be permitted on corner lots and patios shall only be permitted in the front and exterior side yard in accordance with Section 4.14.8.1. (7) Shall only be permitted on a lot containing a multiple dwelling. 6.3 SGA -1 ZONE REGULATIONS 6.3.1 Single Detached. Semi -Detached, and Street Townhouse Dwelling Units a) Table 6-2 applies to single detached dwellings, semi-detached dwelling units, and street townhouse dwelling units. b) The regulations within Table 6-2 shall not apply to existing buildings or structures. Table 6-2: Single Detached, Semi -Detached, and Street Townhouse Dwelling Units Regulation Single Detached Dwelling Semi -Detached Dwelling unit Street Townhouse Dwelling unit Minimum lot area 235M2 210M2 135M2 Minimum lot width (internal unit) n/a n/a 5.5m Minimum lot width (external unit) n/a n/a 8.5m Minimum lot width 9.Om 7.5m n/a Minimum corner lot width 12.8m 12.Om 11.5m Minimum interior side yard setback 1.2m 1.2m 2.5m Minimum front yard or exterior side yard setback 4.5m(1)(2) 4.5m(1)(2) 4.5m(1) Minimum rear yard setback 7.5m 7.5m 7.5m Maximum lot coverage 55%(3) 55%(3) 55%(3) Maximum building height 11.0m 11.0m 11.0m City of Kitchener Zoning By-law 2019-051 Page 148 of 592 SECTION 6 Page 5 of 14 Maximum number of storeys 3 3 3 Rear yard access n/a n/a (4) Additional Regulations for Table 6-2 (1) For an addition to an existing dwelling or demolition and replacement of an existing dwelling, the existing front and/or exterior side yard setbacks may be used as the minimum requirement. (2) No part of any building used to accommodate off street parking shall be located closer than 6 metres to the street line. (3) A combined total of 55 percent for all buildings and structures on the lot. Accessory buildings or structures, whether attached or detached, and additional dwelling units (detached) shall not exceed 15 percent. (4) Each dwelling unit shall have an unobstructed access at grade or ground floor level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: a) direct access on the lot without passing through any portion of the dwelling unit; or, b) direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or c) access over adjacent lands which, if the lands are not owned by the City or the Region, is secured by a registered easement. 6.3.2 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings a) Table 6-3 applies to: i. Multiple dwellings; ii. Mixed use buildings; and, aL iii. Non-residential buildings. b) The regulations within Table 6-3 shall not apply to existing buildings and structures. c) Existing buildings may be converted to the following, subject only to the applicable minimum lot width, minimum lot area, parking spaces on a driveway in the front and exterior side yard, and maximum non-residential gross floor area of Table 6-3: a multiple dwelling with 4 or more dwelling units; ii. a mixed use building containing 1 or more dwelling units; and, iii. a non-residential building. City of Kitchener Zoning By-law 2019-051 Page 149 of 592 SECTION 6 Page 6 of 14 Table 6-3: Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings Regulation Number of dwelling units Non - Residential Building 4 (1) 5-10 11+ Minimum lot width 12.Om 12.Om 18.Om 15.Om Minimum lot area 350M2 450M2 700M2 600M2 Minimum front yard setback 4.5m 4.5m 4.5m 4.5m Parking spaces on a driveway in the front and/or exterior side yard (2) (2) (2) n/a Minimum exterior side yard setback 4.Om 4.Om 4.Om 4.Om Minimum rear yard setback 7.5m 7.5m 7.5m 7.5m Minimum interior side yard setback A 1.5m 1.5m 2.5m 2.5m Minimum interior side yardsetback B 2.5m 2.5m 2.5m 2.5m Minimum floor space ratio n/a n/a 0.6 0.6 Maximum building height 11.0m 11.0m 11.0m 11.0m Maximum building length 20.Om 24.Om 36.Om 36.Om Minimum street line fagade openings 20% 20% 20% 20% Minimum landscaped area 30% 30% 30% 30% Minimum rear yard landscaped area 40% 40% 40% 40% Maximum non-residential gross floor area (3) 100mZ 150mZ 200mZ 200m2 Additional Regulations for Table 6-3 (1) Shall also apply to a mixed use building containing 1-3 dwelling units. (2) Despite Section 5.3.3 b) i), parking spaces may be provided in the front and exterior side yard, provided they are located on a driveway that conforms with regulations of Section 5.4 and Table 5-2 for single detached dwelling. No additional regulations shall apply for a lot identified on Appendix C - Central Neighbourhoods. Parking spaces may be located on a driveway. (3) Non-residential gross floor area shall not be permitted in a detached accessory building or structure. City of Kitchener Zoning By-law 2019-051 Page 150 of 592 SECTION 6 6.4 SGA -2 ZONE REGULATIONS 6.4.1 Single Detached, Semi -Detached, and Street Townhouse Dwellings Page 7 of 14 a) For single detached dwellings, semi-detached dwelling units, and street townhouse dwelling units, refer to Section 6.3.1 for regulations. 6.4.2 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings up to 4 Storeys in Height a) For multiple dwellings up to 4 storeys in height, mixed use buildings up to 4 storeys in height, and non-residential buildings up to 4 storeys in height, refer to Section 6.3.2 for regulations. b) Further to subsection a), these buildings may exceed the maximum building height, maximum number of storeys, and maximum non-residential gross floor area within Table 6-3. 6.4.3 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings a) Table 6-4 applies to: Multiple dwellings 5 storeys and greater; ii. Mixed use buildings 5 storeys and greater; and, iii. Non-residential buildings 5 storeys and greater. b) The regulations within Table 6-4 shall not apply to existing buildings or structures. Table 6-4: Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings Regulation SGA -2 For Entire Building Minimum lot width 30.0m(1) Minimum lot area 1,500M2 Minimum yard setback 3.Om Minimum floor space ratio 1.0 Maximum building height 8 storeys Minimum fagade openings 10% Minimum street line fagade openings 20% City of Kitchener Zoning By-law 2019-051 Page 151 of 592 SECTION 6 Page 8 of 14 Minimum landscape area 20%(2) For Storeys 7 and Above Minimum yard setback 6.Om Maximum building length 60.Om Maximum floor plate area 2,00OM2 Transition to Low Rise Zones Maximum building height within 15m of a lot with an SGA -1 zone or a lot with a low-rise residential zone 20.Om(3) Minimum yard setback where the lot abuts a lot with an SGA -1 zone or a low-rise residential zone 7.5m For Lot Lines Abutting a Priority Street Identified on Appendix G Refer to Section 6.6 for additional regulations. Private Amenity Space Requirements Refer to Section 6.7 — Private Amenity Space. Additional Regulations for Table 6-4 (1) Despite Section 3, for a lot with more than one street line, minimum lot width may be measured from the longest lot line abutting a street. (2) The requirement for a lot abutting a Priority Street segment identified on Appendix G shall be 0%. (3) Despite Section 4.19, this regulation shall apply (Transition to Low -Rise Zones). 6.5 SGA -3 AND SGA -4 ZONE REGULATIONS Street Townhouse Dwellings a) For street townhouse dwelling units, refer to Section 6.3.1 for regulations. 6.5.1 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings up to 4 Storeys in Height a) For multiple dwellings up to 4 storeys in height, mixed use buildings up to 4 storeys in height, and non-residential buildings up to 4 storeys in height, refer to Section 6.3.2 for regulations. City of Kitchener Zoning By-law 2019-051 Page 152 of 592 SECTION 6 Page 9 of 14 b) Further to subsection a), these buildings may exceed the maximum building height, maximum number of storeys, and maximum non-residential gross floor area within Table 6-3. 6.5.2 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings a) Table 6-5 applies to: i. Multiple dwellings 5 storeys and greater; ii. Mixed use buildings 5 storeys and greater; and, iii. Non-residential buildings 5 storeys and greater. b) The regulations within Table 6-5 shall not apply to existing buildings or structures. Table 6-5: Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings Regulation SGA -3 & SGA -4 For Entire Building Minimum lot width 30.0m(1) Minimum lot area 1,500ml Minimum yard setback 3.Om Minimum building base height 3 storeys Maximum building base height 6 storeys Minimum floor space ratio 2.0 Maximum building height in the SGA -3 zone 25 storeys Minimum street line ground floor building height 4.5m Minimum fagade openings 10% Minimum street line fagade openings 20% For Storeys 7-12 Minimum lot width 30.Om Minimum lot area 1,500M2 Minimum front and exterior side yard setback 6.Om Maximum building length 60.Om Maximum floor plate area 2,00OM2 City of Kitchener Zoning By-law 2019-051 Page 153 of 592 SECTION 6 Page 10 of 14 Physical separation 6.Om For Storeys 13-18 Minimum lot width 36.Om Minimum lot area 1,800m' Minimum front and exterior side yard setback 6.Om Maximum building length 54.Om Maximum floor plate area 1,200M2 Physical separation 9.Om For Storeys 19-36 Minimum lot width 42.Om Minimum lot area 2,00OM2, Minimum front and exterior side yard setback 6.Om Maximum building length 48.Om Maximum floor plate area 1,OOOM2 Physical separation 12.Om For Storeys 37 and Above Minimum lot width 48.Om Minimum lot area 2,400M2 Minimum front and exterior side yard setback 6.Om Maximum building length 42.Om Maximum floor plate area 900M2 Physical separation 15.Om Transition to Low Rise Zones Maximum building height within 15m of a lot with an SGA -1 zone or a lot with a low-rise residential zone 20.Om(2) Maximum building height within 30m of a lot with an SGA -1 zone or a lot with a low-rise residential zone 30.Om(2) Minimum yard setback where the lot abuts a lot with an SGA -1 zone or a low-rise residential zone 7.5m City of Kitchener Zoning By-law 2019-051 Page 154 of 592 SECTION 6 For Lot Lines Abutting a Priority Street Identified on Appendix G Refer to Section 6.6 — Priority Streets. Private Amenity Space Requirements Refer to Section 6.7 — Private Amenity Space. Additional Regulations for Table 6-5 Page 11 of 14 (1) For a lot with more than one street line, minimum lot width may be measured from the longest lot line abutting a street. (2) Despite Section 4.19, this regulation shall apply (Transition to Low -Rise Zones). City of Kitchener Zoning By-law 2019-051 Page 155 of 592 SECTION 6 Page 12 of 14 Illustration 6-1: Physical Separation, Building Length, and Floor Plate Area F( This diagram demonstrates in plan how the built form regulations are generally applied. For illustrative purposes only. Illustration 6-2: Physical Separation Storeys 37+ - 30m 15m Storeys 19-36 - - 24m 12m Storeys 13-18 18m ; 9m Storeys 7-12 . - 12 '. 6m Storeys 1-6 Interior Side or Rear Yard Lot Line This diagram demonstrates in elevation how the physical separation regulation is generally applied. For illustrative purposes only. City of Kitchener Zoning By-law 2019-051 Page 156 of 592 SECTION 6 6.6 PRIORITY STREETS Page 13 of 14 a) For lot lines abutting street line segments identified on Appendix G — Priority Streets, the following shall apply: a Community Use or Commercial Use listed in Table 6-1 shall occupy a minimum of 50% of the street line ground floor, excluding office and commercial parking facility; ii. above grade structured parking spaces shall not be permitted along the street line ground floor or street line second floor, except for access; iii. above grade structured parking spaces shall not occupy more than 50% of the area of the street line fagade within the base of a building; iv. surface parking spaces shall not be permitted within 6 metres of the street line; v. on lots zoned SGA -2, the minimum street line ground floor building height shall be 4.5 metres. The requirement for lots zoned SGA -3 and SGA -4 shall be in accordance with Table 6-5; vi. the minimum street line ground floor facade openings shall be 40%, measured between 0.5m and 4.5m above exterior finished grade along the entire width of the street line fagade; Illustration 6-3: Street Line FaQade Openings Measurement This diagram demonstrates in elevation how fagade openings are measured. For illustrative purposes only. vii. for storeys 1-6, the minimum interior side yard setback shall be Om; and, City of Kitchener Zoning By-law 2019-051 Page 157 of 592 j 0%� 'F ,%%0 ............. This diagram demonstrates in elevation how fagade openings are measured. For illustrative purposes only. vii. for storeys 1-6, the minimum interior side yard setback shall be Om; and, City of Kitchener Zoning By-law 2019-051 Page 157 of 592 SECTION 6 Page 14 of 14 viii. for storeys 2-6, the minimum front and exterior side yard shall be Om; 6.7 PRIVATE AMENITY SPACE a) Amenity space shall be required as follows: I. In an SGA -2 zone, 4m2 of amenity space is required per dwelling unit; and, 11. In an SGA -3 and SGA -4 zone, 8m2 of amenity space is required per dwelling unit. b) Further to subsection a), private amenity, where provided, may count towards amenity space requirements where they achieve: I. A minimum depth of 1.2m; and, II. A minimum area of 4m2 each, excluding area occupied by mechanical equipment such as air conditioning units. c) Further to subsection a) ii., where private amenity space totals less than 3m2 per unit, 5m2 of common amenity space is required per dwelling unit. 6.9 OUTDOOR STORAGE a) No outdoor storage shall be permitted. This shall not however prevent the display of goods for retail purposes. City of Kitchener Zoning By-law 2019-051 Page 158 of 592 ATTACHMENT 3 Page 159 of 592 Appendix G: Priority Streets Priority Street Listing: Benton St - FROM King St E TO Charles St E Cedar St S - FROM King St E TO Charles St E Charles St E - FROM Stirling Ave S TO Ottawa St S Charles St W - FROM Victoria St S TO Benton St i Duke St E - FROM Queen St N TO Frederick St Duke St W - FROM Young St TO Queen St N EbyStN - FROM King StETO Duke StE Frederick St - FROM King St E TO Weber St W Gaukel St - FROM King St W TO Joseph St TF King St - FROM Waterloo Boundary TO Preston St Ontario St - FROM Weber St W TO Joseph St Ottawa St N - FROM King St E TO Weber St E Ottawa St S - FROM King St E TO MTSA Boundary Queen St - FROM Weber St W TO Joseph St BR o�ESjE Victoria St N - FROM King St W TO MTSA Boundary Victoria St S - FROM King St W TO MTSA Boundary PORP Water St N - FROM King St W TO Duke St W z e Water St S - FROM King St W TO Joseph St >- PE Young St - FROM King St W TO Duke St W p `� :Q Protected MTSA Priority Streets g4EPM� Lot lines abutting street line segments shown on this appendix are subject to additional zoning requirements in accordance with Section 6 — Strategic Growth Area Zones (SGA). ETR178,7760o f 592oOte N 0� TF Lot lines abutting street line segments shown on this appendix are subject to additional zoning requirements in accordance with Section 6 — Strategic Growth Area Zones (SGA). ETR178,7760o f 592oOte N 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 - Growing Together (Non-PMTSA Lands) 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 Numbers 72, 73, 75, 85, 86, 87, 117, 118, 119, 120, 121, 122, 142, 143, 144, 173, and 174 of Appendix A of By-law 2019-051 are hereby amended by adding thereto the parcels of land to By-law 2019-051 as shown on Attachment 1. 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (5) thereto as follows: 11 5. Within the lands and shown as affected by this provision on a Zoning Grid Schedule of Appendix A, the following uses shall not be permitted unless existing at the date of passing of this By-law or the City of Kitchener has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation. a) day care facility; b) dwelling unit; c) home occupation; d) hotel; Page 161 of 592 e) lodging house; f) residential care facility; g) school; and, h) social service establishment." 3. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (6) thereto as follows: "6. Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid Schedule 118 of Appendix A, the following shall apply: a) automotive detailing and repair operation excluding body repair or rust proofing shall be permitted only within buildings which existed prior to the passing of By-law Number 90-180, and the sale or rental of motor vehicles or major recreational equipment as an accessory use to an automotive detailing and repair operation in accordance with the regulations of the COM -2 zone; and, b) Where the lands abut a residential zone, a visual barrier shall be provided and maintained along the lot line in accordance with Section 4.18 of this By-law." 4. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (7) thereto as follows: 7. Within the lands zoned MIU-1 on Zoning Grid Schedules 72 and 73 of Appendix A, the following shall apply: a) office and outdoor storage shall be permitted for the exclusive use of the public utility operating on the lands; and, b) where the lands abut a Residential zone, a visual barrier shall be provided and maintained along the lot line in accordance with Section 4.18 of this By-law." 5. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (8) thereto as follows: Page 162 of 592 "8. Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid Schedule 120 and 121 of Appendix A, a multiple dwelling with 6 dwelling units shall be permitted in accordance with the regulations of the RES -5 zone." 6. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (9) thereto as follows: 11 9. Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid Schedule 86 of Appendix A, the following shall apply: a) For the purposes of this regulation, the existing use shall be deemed to be a demonstration centre established within a building existing on August 24, 2015, and a single detached dwelling. In this case, a demonstration centre is an establishment for showing to the public and educating the public on technologies related to energy and water sustainability; and, b) A minimum of 3 parking spaces shall be provided and no barrier -free accessible parking spaces shall be required for a demonstration centre use established within a building existing on August 24, 2015." 7. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (10) thereto as follows: "10. Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedule 86 of Appendix A, the following shall apply: a) the minimum side yard setback abutting an open space zoned property shall be 0 metres b) the maximum building height: within Area A, as shown in the image below, shall be 13.5 metres and 4 storeys; ii. within Area B, as shown in the image below, shall be 22 metres and 6 storeys; iii. within Area C, as shown in the image below, shall be 37.5 metres and 11 storeys. Page 163 of 592 0 c) all new dwelling units, lodging houses and residential care facilities shall have a minimum setback of 15.0 metres from the lot line of the railway right-of-way and shall have along such lot line a berm; combination of berm and fence; or a crash wall having a minimum depth of 0.45 metres, designed to be vibration isolated and designed in accordance with AECOM Submission Guidelines for crash walls, dated June 2005, last revised July 29, 2014, and to the satisfaction of CN Rail; and, d) dwelling units shall not be located at or below grade." h 3 h N q ° o Height Restriction Areas a Area A - Maximum Height 13 5 m and 4 Storeys s� �p Area B - Maximum Height a4Q 4 Q 22.0 m and 6 Storeys Area C - Maximum Height sr a 37.5 m and 11 Storeys mh © cm Nvrd MINIM � ' ,ry 0 RIXJ HOHSETR�L I, y,dvd 6968-ii99 A - a C I-Z4d - 77V F- C v j^ HOMEWOO D qVE -OT t7acr F, Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (11) thereto as follows: 11. Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedule 122 of Appendix A, the following shall apply: Page 164 of 592 a) new driveways providing vehicular access to and from Hermie Place shall not be permitted; b) outdoor storage shall be set back 15 metres from the lot line abutting Hermie Place, except for deep well waste systems which may be permitted within 4.5 metres from the Hermie Place lot line; c) the minimum side yard setback shall be 3 metres; and, d) the rear lot line shall be the lot line abutting Hermie Place and the lot lines abutting the lots municipally addressed as 14, 18, 22, 26, or 30 St. Leger Street." 9. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (12) thereto as follows: 12. Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid Schedules 86 and 87 of Appendix A, the following shall apply: a) The minimum front yard setback shall be 4.6 metres; b) The minimum rear yard setback shall be 3.3 metres; c) The minimum westerly side yard setback shall be 4.4 metres; d) The minimum easterly side yard setback shall be 5.9 metres; e) The maximum building height shall be 17 metres or 6 storeys; f) The maximum floorspace ratio is 2; and, g) The minimum visitorparking rate shall be 10% of the required parking spaces." 10. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (13) thereto as follows: 13. Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid Schedules 86 and 87 of Appendix A, the following shall apply: a) On-site parking shall be provided as follows: Page 165 of 592 Parking for multiple dwelling units (back-to-back townhouse units) fronting Mill Street shall be provided at a rate of 1.0 parking spaces per unit and visitor parking will not be required for these units; ii. Parking for multiple dwellings shall be provided at a rate of 0.75 parking spaces per unit plus 0.1 visitor parking spaces per unit; b) Minimum building setbacks for multiple dwellings on a lot having a minimum lot width of 100 metres and a minimum lot area of 0.7 hectares, shall be: The minimum side yard setback shall be 3.0 metres for portions of a building with a building height greater than 10.5 metres; ii. The minimum rear yard setback shall be 4.5 metres; c) Covered terraces, porches and decks exceeding 0.6 metres in height may be located within side and rear yards provided they are set back a minimum of 2.0 metres from a lot line; d) In addition to Home Occupation, the following uses shall be permitted to locate within a multiple dwelling: i. Indirect Sales shall also be permitted; ii. Artisan's establishment may include retail and instruction; iii. A home occupation may attract a maximum of one customer or client at any one time; and e) A multiple dwelling shall have a central air conditioning system, and building components as identified in the Noise and Vibration Feasibility Study and addendum letter for 19-41 Mill Street, dated March 16, 2021 prepared by HGC Engineering." 11. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (14) thereto as follows: "14. Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedules 173 and 174 of Appendix A, the following shall apply: a) The maximum floorspace ratio shall be 7.2; Page 166 of 592 b) On-site parking shall be provided as follows; i) Parking spaces for multiple dwellings shall be provided at a rate of 0.64 per dwelling unit; ii) Visitor parking spaces shall be sharable with non-residential uses and be provided at a rate of 7% of the required parking spaces; iii) Bicycle and electric vehicle parking spaces are to be provided in accordance with Section 5 of Zoning By-law 2019-051. c) The minimum rear yard setback shall be 9.4 metres; and, d) Geothermal Energy Systems shall be prohibited." 12. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (15) thereto as follows: "15. Within the lands zoned MIX -1 and shown as affected by this provision on Zoning Grid Schedules 86 and 87 of Appendix A, the following shall apply: a) The maximum floor space ratio for the entire site shall be 5.17; b) The minimum front yard setback shall be 0.0 metres along Spadina Road East; c) The minimum rear yard setback shall be 0.0 metres; d) The minimum exterior side yard setback abutting Highland Road East shall be 0.6 metres; e) The minimum interior side yard setback shall be 0.0 metres; f) The maximum building height shall be 17 storeys or 52.0 metres (not including mechanical penthouse); g) The minimum step back above the 11th storey along the rear lot line shall be 3.0 metres and shall be 1.5 metres along the Highland Road frontage; h) The minimum required off street parking spaces shall be 0.5 spaces per unit; i) Zero parking spaces shall be provided for non-residential uses; j) The total visitor parking shall be 0.095 parking spaces per unit; Page 167 of 592 k) A minimum of 98 square metres (1000 square feet) of at grade commercial uses shall be provided; 1) A minimum of 4 live work units shall be provided; m) For multiple dwellings, a minimum of 92 Class A bicycle parking stalls and 6 Class 8 bicycle parking stalls shall be provided; and, n) Geothermal wells are prohibited." 13. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (38) thereto as follows: "38. Within the lands zoned MIX -2 and shown as affected by this provision on a Zoning Grid Schedule of Appendix A, the maximum floor space ratio shall be 4, and the maximum building height may exceed 8 storeys and 25 metres." 14. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (45) thereto as follows: "45. Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedules 86 and 174 of Appendix A, the maximum floor space ratio shall be 4." 15. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (161) thereto as follows: "161. Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid Schedules 85 and 86 of Appendix A, office shall be permitted in accordance with the regulations of the COM -1 zone." 16. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (164) thereto as follows: Page 168 of 592 "164. Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid Schedules 85 and 86 of Appendix A, a large residential care facility shall be permitted with a maximum of 10 residents in accordance with the regulations for a single detached dwelling in the RES -4 zone." 17. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (169) thereto as follows: "169. Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid Schedule 122 of Appendix A, a bed and breakfast within the existing building shall also be permitted." 18. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (171) thereto as follows: "171. Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid Schedules 143 and 174 of Appendix A, the maximum floor space ratio shall be 1.0 and the maximum building height shall be 4 storeys or 11.5 metres, whichever is greater, at the highest grade." 19. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (174) thereto as follows: "174. Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid Schedule 86 of Appendix A, the following shall apply: a) required parking spaces, where ingress and egress of motor vehicles to and from the street is not provided in a forward motion, shall be permitted; b) the minimum width of each angled parking space shall be 2.54 metres; c) dwelling units shall not be required to be located in a mixed use building; and, d) dwelling units shall be permitted to locate on the ground floor." Page 169 of 592 20. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (387) thereto as follows: "(387). Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedule 173 of Appendix A, the following shall apply: a) The maximum Floor Space Ratio shall be 6.0. b) On-site Parking shall be provided as follows: i) Parking for multiple dwellings shall be provided at a rate of 0.58 parking spaces per dwelling unit. ii) Visitor parking spaces shall be sharable with non-residential uses and be provided at a rate of 7% of the required parking. iii) Bicycle parking stalls and electric vehicle parking spaces are to be provided in accordance with By-law 2019-051; c) In no case shall any parking spaces be located within 16.0 metres of the street line unless located underground or internal to a building. d) Dwelling units shall be permitted to be located on the ground floor with non-residential uses. e) The minimum ground floor building height for any building with street line fagade shall be 4.5 metres. f) The minimum non residential gross floor area shall be 650 square metres. g) Geothermal Energy Systems shall be prohibited." 21. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (59) thereto as follows: "(59). Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedule 174 of Appendix A, only day care facility, dwelling, dwelling unit, home occupation, hotel, lodging house having less than 9 residents, small residential care facility shall be permitted only within buildings existing on January 24, 1994, until such a time as the lands have been consolidated with lands fronting King Street East and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning." Page 170 of 592 22. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (60) thereto as follows: "(60). Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedule 86 of Appendix A, day care facility, dwelling unit, hotel, lodging house, residential care facility, school, or social service establishment shall not be permitted until such time as: a) A detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, has been completed to the satisfaction of the Region and any necessary agreement has been entered into, between the City of Kitchener and the owner of the property, providing for the implementation of any recommended noise mitigation measures; b) The City of Kitchener has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation; and c) The holding symbol affecting these lands has been removed by by- law." 23. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (61) thereto as follows: "(61). Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedules 173 and 174 of Appendix A, dwelling units shall not be permitted until such a time as: a) A detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, has been completed to the satisfaction of the Region and any necessary agreement has been entered into, between the City of Kitchener and/or the Region and the owner of the property, providing for the implementation of any recommended noise mitigation measures; and, b) The City of Kitchener has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Page 171 of 592 Record of Site Condition has been completed in accordance with the relevant Ontario legislation." 24. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (62) thereto as follows: "(62). Within the lands zoned MIX -1 and shown as affected by this provision on Zoning Grid Schedules 86 and 87 of Appendix A, the following shall apply: a) Dwelling units shall not be permitted until such time as the City of Kitchener has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and the holding symbol affecting these lands has been removed by by-law. b) Dwelling units shall not be permitted until such time as a Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. c) Legal access is obtained over Highland Courts Park to the satisfaction of the City of Kitchener." 25. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (63) thereto as follows: "(63). Within the lands zoned MIX -2 and shown as affected by this provision on Zoning Grid Schedule 173 of Appendix A: i) No residential use shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks (MECP). This Holding Provision shall not be removed until the Region of Waterloo Page 172 of 592 is in receipt of a letter from the Ministry of the Environment, Conservation and Parks (MECP) advising that a Record of Site Condition has been completed to their satisfaction. ii) No residential use shall be permitted until such time as a Road Traffic, and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. iii) No development on the lands shall occur until such time as an Urban Design Brief is approved by the City's Director of Planning demonstrating a high quality of urban design that contributes positively to the public realm and streetscapes with adequate onsite amenity." 26. This By-law shall become effective only if Official Plan Amendment No. _ (Growing Together - 1994 Official Plan (Secondary Plans)) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended and this By-law shall become effective only if Official Plan Amendment No. _ (Growing Together (Non-PMTSA Lands)) 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 173 of 592 i' III co I, -- (D N N U 0) .c: O N Q x N CL CL Q N rn N O m N Q m N N E U Q METRIC SCALE 1:4000 100 Meters z LO U cm 0 N Mq P CL CL El METRIC SCALE 1:4000 100 Meters �E �Ez E = z =; z Z x .� a� a) w s 0 U) m a) T � Q � C w Q 0 N c�5 a 0 ns M 04 O 04 04 d d 0 Z 0 LO 00 _(D U cm O N Q N CL Q N rn N O Q m N N E L U Q METRIC SCALE 1:4000 100 Meters z IN JW aw N W I I I FA III r r _(D U 0) .c: O N Q x N CL CL Q N rn N O m N Q m N N E U Q METRIC SCALE 1:4000 100 Meters z 00 r f� V cm 0 N 5-4 L CL Q N rn N O m Q m N N U Q METRIC SCALE 1:4000 100 Meters ENO NOW. ka4 AA WN NEI WRImpe2ld L%llmoo U) 0) .o N Q N CL Q METRIC SCALE 1:4000 100 Meters z !Iii '7al /: ,, I/ III MEi ,VM.VrA III p �1 C�1 `� III MONA III co U CD cm .E N 5-4 P CL CL El N rn N O m Q m N N U Q METRIC SCALE 1:4000 100 Meters z IP r -4w,4 LO q - P, &N, KMA M74&\W//A I i fli Owl. 0 � LW r _(D U 0) .c: O N Q x N CL CL Q N rn N O m N Q m N N E U Q METRIC SCALE 1:4000 100 Meters z co VJ (� V 0) .c: N Q N CL METRIC SCALE 1:4000 100 Meters z 1 r _(D U cm O N Q N CL Q METRIC SCALE 1:4000 100 Meters z e Attachment F Public Submissions Page 191 of 592 • i ! January 29, 2024 City of Kitchener Planning Division — 6th Floor 200 King Street West Kitchener, ON N2G 4G7 Attn. Natalie Goss, MCIP, RPP Manager, Policy and Research SHAPING GREAT COMMUNITIES File: 22258 Re: Growing Together Protected Major Transit Station Area — Land Use and Zoning Framework Report No. DSD -2024-005 Stanley Black & Decker - 60 Ottawa St., 97 Kent St. & 449 Charles St. E On behalf of Stanley Black & Decker (SBD) we have prepared this letter in response to Staff Report DSD -2024-005 — Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework. As you are aware we have held meetings with yourself and other City Staff regarding the current City initiatives affecting the Stanley Black & Decker Properties located along Ottawa Street, Kent Street and Charles St. E. The above-mentioned properties are all within the Borden Protected Major Transit Station Area. Through the Growing Together initiative the SBD properties have not been recommended for inclusion in the land use (Official Plan) or zoning amendments as proposed. These properties have been withheld at this time pending the completion of the Naturalization Study and Environmental Assessment for Schneider and Shoemaker Creeks. The Environmental Assessment (EA) is being undertaken to plan for a workable design solution to mitigate flooding issues. Widening and naturalizing the creeks is proposed to provide greater public safety. The Proposed Official Plan Amendment is intended to implement a new land use planning framework for seven of the City's Protected Major Transit Station Areas. Directly adjacent to the SBD properties within the Borden Station Area, the proposed OPA will implement a Strategic Growth Area C Designation along Charles Street East and at the southwest corner of Ottawa St. and Charles St. It is our request that the SBD parcels also be included within the Strategic Growth Area C designation at this time. Recognizing that the limits of future development on the SBD parcels will be defined through the completion of the Schneider and Shoemaker Creek EA. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 192 of 592 Based on a review of previously identified flood fringe and candidate flood fringe areas on the SBD properties, it is estimated that there could be approximately 5.2 hectares (13 acres) of development land available following the completion of the Schneider and Shoemaker Creek EA process. Designating the SBD properties at this time, provides the owners and the City with a clear direction and understanding of the redevelopment potential within the Borden Station Area. Similarly, we request the SBD properties be rezoned SGA -4 zone consistent with the proposed adjacent zoning along Charles Street East and Ottawa Street. A floodplain overlay could be implemented at this time with a note identifying floodplain limits to be defined though completion of Schneider & Shoemaker Creek EA Process. This approach implements the long-term vision and regulations for development within the Borden Station Area. Development would not proceed until such time as the floodplain limits are refined and approved. We appreciate the opportunity to comment on this significant undertaking and would be happy to discuss further with you. Yours truly, GSP Group I —11�randon Flewwelling, CIP, RPP Development Planning Manager cc. Jonathan Berg — Stanley Black & Decker Peter Benninger GSP Group 1 2 Page 193 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON •r+•N►♦�. P L A fel IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE March 1, 2024 arowingtogether(c)kitchen er.ca Attn : Natalie Goss - Manager Policy & Pesea rch City of Kitchener Planning Division, 6th floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Goss: RE: GROWING TOGETHER / DRAFT OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS PERIMETER DEVELOMENT CORPORATION, 25 BREITHAUPT STREET. KITCHENER - OUR FILE 0709I We are writing on behalf of our client, Perimeter Development Group, with respect to the above noted matter. This letter has been prepared as a follow up to our earlier correspondence, dated November 291 2023 and September 22, 2023, and our more recent meeting held on February 28, 2024. We appreciate staff's willingness to consider our position and have prepared this letter to provide further justification in support of our request. In previous correspondence we had requested that the Strategic Growth Area C designation be extended to include Perimeter's lands on the north side of Breithaupt Street and that these lands, together with Perimeter's lands on the south side of Breithaupt Street be zoned SGA -4. A conceptual concept plan was prepared to demonstrate how the surface parking lot located on the north side of Breithaupt Street could be developed within the SGA -4 framework. We understand that the original request would be a departure from the approach staff have applied along the north side of Breithaupt Street, and staff's hesitation to implement this request as a result. As such, we have amended our original proposal to instead request that the SGA -4 zoning be applied only to 25 Breithaupt Street (located at the southeast corner of Breithaupt Street and King Street West). In our opinion this request is appropriate given: 25 Breithaupt (referred to herein as the subject lands) is already proposed to be designated Strategic Growth Area C; The subject lands are located within an MTSA and are located less than 250 metres from the Central Station ION stop; The subject lands are located directly across from other SGA -4 lands (Station Park), which have been approved with a building height of 50 storeys; • The subject lands are located adjacent to the Region's future multi -modal hub; • The subject lands are of an appropriate size to accommodate a tower that is fully compliant with the SGA -4 zoning; and • The subject lands do not abut any SGA -1 or low rise residential lands. As requested, we have prepared a preliminary concept plan which demonstrates that 25 Breithaupt Street can be developed within the SGA -4 regulations. The concept plan is attached herein. Applying the SGA -4 zoning to 25 Breithaupt Street is further supported by draft Official Plan policies. Policy 3.C.2.18 sets the same minimum density requirements for the Downtown and Midtown Protected Major Transit Station Areas ("PMTSA'�, demonstrating that lands outside the Downtown are envisioned for high-density, transit -supportive development. The preliminary concept plan for the subject lands (see attached) also demonstrates that the test set out in Policy 15.D.2.5 for sites seeking a change to the Official Plan and/or Zoning By-law can be satisfied. The following factors are to be considered: a) compatibillty with the planned function of the subject lands and adjacent lands; The subject lands are located within the Strategic Growth Area and Protected Major Transit Station Area, which is intended for transit supportive intensification. The preliminary concept plan illustrates that a high-rise residential tower, set above a podium base can be accommodated, creating a compact, pedestrian -friendly form. The SGA -3 zoning on the lands to the north and east provides appropriate transition to lower density lands it the broader surrounding area. The subject lands are sufficiently separated from low rise residential development, and are located immediately across from lands that have been approved with a height of 50 storeys. b) suitability of the lot for the proposed use and/or built -form; The podium and tower represented in the preliminary concept plan meet the SGA -4 zoning regulations. This includes the proposed setback, tower length and tower separation regulations included in the draft zoning framework. c) lot area and consolidation as further outlined in Policy 3. C.2.11; The subject lands meets the minimum lot area requirements and lot consolidation is not required. The concept plan demonstrates that the subject lands are of a sufficient size to accommodate high density development. d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; The proposed SGA -4 zoning would allow for a compact, dense, transit -oriented form of development in proximity to the downtown and less than 250 metres from an exising ION station. The preliminary concept plan further demonstrates that the subject lands can support a point tower and podium form while meeting the regulations and guidelines, including tower separation, floor plate area, and tower 2 Page 195 of 592 placement. Specific compliance with the Urban Design Manual and Policy 11.C.1.34 would be analyzed through a future Site Plan Approval application, as appropriate. e) cultural heritage resources, including Policy 15.D.2.8; and, There are no cultural heritage constraints on the subject lands that would limit the development of a high-rise residential or mixed use building. Through site specific applications an HIA would be required given the adjacent heritage resource, however the same would apply to lands already proposed to be zoned SGA -4 east of Breithaupt Block. t) technical considerations and other contextual or site svedfic factors. Other technical considerations would be investigated through detailed planning applications, as appropriate. Contextually, the proposal is appropriate. The lands have frontage on a public street and can be designed in compliance with all proposed zoning standards. Given the direction to intensify the PMTSAs, the long-term potential to intensify 25 Breithaupt Street, and the ability to comply with the SGA -4 zoning and meet the test within Policy 15.D.2.5, we believe the request to amend the proposed Zoning for 25 Breithaupt Street represents good planning and should be supported. In summary, our formal request is that the City apply the SGA -4 zoning to 25 Breithaupt Street as discussed on February 28 and as supported through this submission. We once again thank staff for their consideration. MHBC Andrea Sinclair, MUDS, BES, MCIP, RPP Partner CC. Craig Beattie Garett Stevenson Attach. Page 196 of 592 Attachment 1 Concept Plan Illustrating SGA -4 Compliance Page 197 of 592 For Entire Building Minimum lot width 30.Om Minimum lot area 150OM2 Minimum yard setback 3.Om Minimum building base height 3 storeys Maximum building base height 6 storeys Minimum floor space ratio 2.0 Minimum street line ground floor building height 4.5m Minimum facade openings 10% Minimum street line fagade openings 20% _ For storeys 37 and above Minimum lot width 48.Om Minimum lot area 2400m2 Minimum front and exterior side yard 6.0m Maximum building length 36.Om Maximum floor plate area 900m2 Physical separation J� 15.Om ,-ING ST - ., aa��►, ±88.0m ±3,633m2 _±3.om 6 storeys 6 storeys 13.1 4.5m TBIJ TBID ±88.0 m ±3.633m2 ±9.Om ±30.Om 900m2 15.0m eta ei Page 198 of 592 February 28, 2024 City of Kitchener —Planning Division 200 King Street West, 6t" Floor PO Box 1118 Kitchener, ON N2G 4G7 Attention: Natalie Goss Manager, Policy and Research Reference: Growing Together, Official Plan Amendment 98 — 102 Weber St East, 217 — 233 Lancaster Street East Strategic Growth Area B Designation Thank you for the opportunity to meet with staff on February 23, 2024 to discuss the various properties I am involved with. Further to that discussion, and the letters submitted November 27, 2023, November 30, 2023, and December 13, 2023, 1 am submitting this letter to request that staff designate the lands illustrated below as Strategic Growth Area B within the Official Plan Amendment proposed through the Growing Together Study. Per the letter submitted November 27, 2023, the lands at 98 — 102 Weber Street East and 217 — 233 Lancaster Street East are under common ownership/controlling interest. As a result, the lands have largely merged on title. To rectify this, a Pre -submission Consultation Meeting was held on September 19, 2024 to consider the severance of the Lancaster -fronting homes to create individual, standardized parcels. The residual lands, along with 98-102 Weber Street will remain merged to create a mid -rise redevelopment site (Figure 1). During the Pre -submission Consultation Meeting, staff advised of the anticipated changes to the Zoning By-law through the Growing Together Study. In response, no applications have been advanced in anticipation of these changes. The Growing Together Study current proposes to rezone, and redesignate, the land assembly. The entire assembly is anticipated to be zoned Strategic Growth Area Two (SGA -2) in the proposed Zoning By-law, however, it stands to be split -designated in the Official Plan. Currently, 98 Weber Street is identified as Strategic Growth Area B while the balance of the lands are identified as Strategic Growth Area A. In an effort to avoid split designation of assembled lands, it is requested that staff 'square off' the SGA -B designation to align with the ultimate severances (Figure 2). Alternatively, if staff prefer, the designation could be extended to the Cedar Street intersection including the assembled lands. Prior to contemplating any changes to land use designations or zoning, staff have requested that the following be provided: • Proof of consolidated ownership; • Viable development concept; and, • Planning justification for proposed OP Policy Section 15.D.2.5. Page 199 of 592 L. Line 217 Lancaster St E // pvuaenenl3 y s [hxsl�ng U,h I y 35a m� { 4634 / \\ Reuhetl Pacce! tmtmav'/ nada—t 2 ' ^3 \ rnz Ch r /--rod Lot 1 y WEBER STREET E Figure 1: Approximate Lot Divisions �lz %ZZ q w Figure 2: Proposed SGA -8 Expansion Area 'ytP �V� Severed Lot 2 `,, 0 4 Dwelling Url- 337,9 m' 3� , r Severed Lot 3 \V rr 20w®bl uni6 \ 2955 m' \p I r Severed Lot l rrrr diTealYng llnita r —6m 1N IN Page 200 of 592 In response, please find below: • Proof of Consolidated Ownership Proof of consolidated ownership was provided through the November 27, 2023 letter. Geowarehouse Reports confirmed that 98-102 Weber Street and 221— 233 Lancaster Street are under the ownership of 1678838 Ontario Inc while 217 Lancaster Street is under the ownership of William Reitzel, a controlling partner of the numbered company. • Viable development concept The property is slated to be zoned SGA -2 in the proposed zoning by-law, however, no concept has been prepared to date. The SGA -2 Zone permits up to 8 storeys, which is consistent with the SGA -A designation. Should the SGA -13 designation be applied to the lands, site-specific provisions would be necessary to realize the increased height permitted by the SGA -13 designation. A viable development concept will be required to support the approval for any site-specific zoning considerations. • Conformity with Section 15.D.2.5 Section 15.D.2.5 of the draft Official Plan Amendment states: Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) compatibility with the planned function of the subject lands and adjacent lands; b) suitability of the lot for the proposed use and/or built form; c) lot area and consolidation as further outlined in Policy 3.C.2.11; d) compliance with the City's Urban Design Manual and Policy 11.C.1.34, e) cultural heritage resources, including Policy 15.D.2.8, and, f) technical considerations and other contextual or site specific factors Identifying the subject lands as SGA -13 is consistent with Section 15.D.2.5, per the following: a) compatibility with the planned function of the subject lands and adjacent lands, The SGA -13 designation is compatible with the adjacent lands and appropriate for the planned function of the subject lands. The lands are currently split designated and the proposed extension would avoid such a condition. Zoning provisions that consider transition to low-rise residential areas are integrated into the applied zone. As such, the proposed designation will be compatible with the lands. b) suitability of the lot for the proposed use and/or built form, The lands will be consolidated to create an irregular redevelopment parcel. The site will be suitable for mid -rise redevelopment given its location on Weber Street, an active transportation corridor and its proximity to Downtown Kitchener as well as the ION LRT system. The proposed development will conform to the applicable zoning regulations will be able to accommodate a mid -rise building in a variety of forms. The proposed changes will avoid split -designation and allow additional flexibility to the Page 201 of 592 potential redevelopment, subject to staff review and approval. As such, the site is suitable for the proposed designation. c) lot area and consolidation as further outlined in Policy 3.C.2.11; As noted above, the current lot fabric is irregular and merged on title. Future consent applications will normalize the existing residential parcels along Lancaster and create a slightly irregular redevelopment site. The lot area, however, will be sufficient to accommodate a mid -rise building in a variety of forms. Given this, the extension of the designation on the entire parcel is appropriate. d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; While development concepts have been explored, a final plan has not been completed. With that said, any development on the lands will be subject to site plan approval and, ultimately, review and approval by staff. As such, future development on the lands will be in compliance with the Urban Design Manual and OP Urban Design policies. e) cultural heritage resources, including Policy 15.D.2.8; and, There are no cultural heritage resources on the subject lands. f) technical considerations and other contextual or site specific factors. As noted in previous letter, there is an existing stormwater management pipe that bisects the subject lands. This pipe will need to be relocated should the property be redeveloped. The proposed extension of the designation will have no bearing on this, or other servicing on the lands. Given the above, the subject lands are consistent with Section 15.D.2.5 and, as such, the extension of the SGA -B designation would be appropriate. I trust that the provided information is sufficient to consider the request. Should you require any additional information, or wish to discuss further, please feel free to contact the undersigned. Regards, Bill Reitzel 0 Page 202 of 592 140) THE BUTLER GROUP CONSULTANTS INC. L ,wo P xll ilrq S(--% i(( -ti February 16, 2024 City of Kitchener - Planning Division 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Via email to growingtogether@kitchener.ca Attention: Natalie Goss Manager, Policy and Research Reference: 455-509 Mill Street Growing Together, Proposed Zoning The Butler Group Consultants Inc. are planning consultants for Polocorp Inc. regarding the lands located at 455 — 509 Mill Street in Kitchener (the "Subject Lands"). The Subject Lands were subject to Official Plan and Zoning By-law Amendments (the "Amendments") that were approved in May 2023. The Amendments will facilitate the redevelopment of the lands fora 1,500 units mixed-use community comprised of a mix of residential unit typologies, commercial and community space, indoor and outdoor amenities spaces. The community will be closely integrated into the Mill ION Station to create a true transit -oriented community. On January 29, 2024, the Planning and Strategic Initiatives Committee considered the Official Plan and Zoning By-law Amendments proposed through the Growing Together Study. During that meeting, I delegated to address the Committee regarding the proposed zoning on the lands at 455 — 509 Mill Street (the "Subject Lands"). I noted that the Strategic Growth Area 4 (SGA -4) Zone category is proposed to be applied to the lands immediately adjacent the Mill ION Station, however, the Subject Lands have been excluded; rather, the lands will carry over the site-specific entitlements granted through May 2023 approvals. Unfortunately, this results in a meaningful discrepancy between the entitlements of the Subject Lands and those that are adjacent, particularly those related to maximum permitted floor space ratio, maximum building heights and minimum parking requirements. Ultimately, the PSIC deferred any decision related to the OPA and ZBA and requested staff to further consult with stakeholders. Given this, a meeting with The Butler Group Consultants, Polocorp Inc. and City staff has been scheduled for February 23, 2023. As we have previously requested, we ask that Staff consider minor changes to the current site-specific regulations for the Subject Lands to allow for: • No maximum floor space ratio; • No maximum building height, and, • No minimum parking requirement. STAFF NOTE: During in-person meeting on Feb 23rd, agreement was reached that a path forward could be removal of the site-specific provision for parking, with the other site -specifics remaining in place. Staff evaluated this approach and determined that the best option would be to take a consistent approach and remove site specifics for minimum parking across the Growing Together PMTSAs in accordance With our recommendation for no parking minimums across the 4 SGA FcM 203 of 592 The proposed site-specific regulations would align with the proposed SGA -4 Zone and afford the Subject Lands the same entitlements granted, as -of -right, to the surrounding properties. The balance of the site- specific provisions would remain as approved to facilitate the redevelopment of the Subject Lands in general alignment with the previously considered concept plan. Should those provisions be granted to the Subject Lands through a 'blended' zoning by-law, the Subject Lands could yield additional housing within the community than previously contemplated. Ahead of the February 23, 2024, meeting, staff have indicated that prior to any consideration for changes to the zoning the following is to be provided: Proof of lot ownership; A conceptual design that demonstrates compliance with the desired zone; and, A scoped planning justification addressing proposed Official Plan policy 75.D.2.5. Further to above, please consider the following information: • Proof of Ownership The Subject Lands are wholly owned by Polocorp Inc. as contemplated through previous development applications. • Concept Design Find attached Development Concept considered at the time of the May 2023 Official Plan and Zoning By-law Amendment approvals. The Development Concept would remain compliant with the proposed site-specific provisions as the previously approved zoning was tailored to this design. The proposed regulations contemplating FSR, building height and parking requirements will allow for flexibility, consistent with the surrounding lands, while retaining the fundamental concept. Specifically, this could allow for area used for parking podium to be utilized as living space, or allow for additional building heights should the airport height restrictions change. Should this occur, the concept would remain compliant with the proposed site-specific zoning. • Conformity with Official Plan Section 15.D.2.5 Official Plan Amendment Section 15.D.2.5 requires that any changes to the Zoning By-law will consider the following: a) compatibility with the planned function of the subject lands and adjacent lands; The proposed changes to the site-specific by-law will align the entitlements of the Subject Lands with the adjacent SGA -4 Zoned lands, in regard to building heights. Further, the removal of the maximum FSR and minimum parking requirements will align with all SGA zones within Major Transit Station Areas (MTSA). Given this, the proposed changes to the zoning by-law will be compatible with the planned function of the adjacent lands. EM Page 204 of 592 b) suitability of the lot for the proposed use and/or built -form; The suitability of the lot was demonstrated through the Official Plan and Zoning By-law Amendment applications approved in May 2023. The proposed changes to the site-specific zoning will not impact the suitability of the lands to accommodate the proposed use. In fact, the proposed changes will allow for more suitable development as the site-specific provisions will facilitate a more transit -oriented community and additional dwelling units within the MTSA. c) lot area and consolidation as further outlined in Policy 3.C.2. 71; The lot area is an assembly of multiple parcels and has an area of 21,738 square metres and, as such, does not require any form of reduction. d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; The Development Concept was considered in the context of the Urban Design Manual and Policy 11.C.1.34 of the Official Plan through the previously approved OPA and ZBA applications. The propose site-specific provisions will not negatively impact the conformity with the design guidelines. e) cultural heritage resources, including Policy 15.D.2.8; and, There are no cultural heritage resources on the property. P technical considerations and other contextual or site-specific factors. The Subject Lands and the associated development of them went through extensive consideration including detailed engineering, geotechnical environmental study with no concerns. The proposed site- specific provisions will not impact previous considerations or approvals. Given the above, the proposed the site-specific provisions to allow for no maximum floor space ratio, no maximum building height or no minimum parking requirement are consistent with Section 15.D.2.5 of the proposed Official Plan policy. Further to the above, we acknowledge that Staff have indicated that the Growing Together Study and associated OPA and ZBA's are not intended to consider site-specific provisions for individual properties. We ask, however, that this property be afforded special consideration given how recent the previous approvals were granted relative the implementation of the SGA zoning. Furthermore, it is highly probable that Polocorp Inc. will be the primary driver of intensification at the Mill ION Station and will facilitate substantial public improvements for access and use of this Station. Additional zoning flexibility will assist in the implementation of the City's Growing Together vision. EM Page 205 of 592 We trust that the above if sufficient to consider our request. Should you have any questions ahead of the February 23 meeting date, please feel free to contact the undersigned, otherwise, we look forward to the opportunity speak with you. Respectfully submitted, David A. Butler MCIP, RPP CC: Joseph Puopolo, Polocorp Inc Matthew Warzecha, Polocorp Inc EM Page 206 of 592 S 1S AA CL iJ " p m a toTm i INN 11 is February 18, 2024 City of Kitchener — Planning Division 200 King Street West, 6t" Floor PO Box 1118 Kitchener, ON N2G 4G7 Via email to plan ningapplications@kitchener.ca Attention: Natalie Goss Manager, Policy and Research Reference: 23 — 31 Cedar St North and 18 — 26 Madison Ave North Growing Together Consolidated SGA -2 Zone Further to the letter dated January 30, 2024, and ahead of the meeting with City staff scheduled for February 23, 2024, Polocorp is submitting this letter to reiterate our request for the lands identified below to be included as Strategic Growth Area B (SGA -B) in the Official Plan Amendment and Strategic Growth Area Two (SGA -2) in the Zoning By-law Amendment. This request follows the letters submitted August 9, 2023, November 29, 2023 and December 13, 2023 which, together, provided the following information: Proof of lot ownership; A viable development concept; and, Planning justification addressing OP Policy Section 15.D.2.5. This request also follows correspondence with City staff that occurred prior to the January 29, 2024 PSIC meeting through which staff encouraged Polcorp to delegate at the meeting to request a modification to the recommendations. Staff confirmed their support for the proposed changes by way of phone call and email (see correspondence with Adam Clark dated January 26, 2024). Ultimately, decisions related to the amendments were deferred and staff were requested to continue consultation with stakeholders. Polocorp's January 30, 2024 letter sought confirmation from staff that the requested changes would be reflected in the final amendments. To date, confirmation has not been provided as, as such, the February 23, 2024 meeting has been scheduled. Given the above, and further to previously submitted materials, please find below confirmation of the information requested by staff to support any changes to land use designations or zoning: Page 208 of 592 Proof of Lot Ownership Further to the letter submitted November 29, 2023, please find the attached Geowarehouse Property Reports confirming consolidated lot ownership of the lands municipally described as 23 — 31 Cedar St N and 18 — 26 Madison Ave N by Reitzel Bros General Contractors Inc. and R & W Reitzel Investments. The two companies are held by the same principal partners and, as such, can be consolidated. Please note that the November 29, 2023 letter only identified Reitzel Bros General Contractors Inc as the landowners, however, this has been further clarified to include R & W Reitzel Investments, as well. It should also be noted that the area identified with dashed red line below are independently titled parking spaces and do not form part of the common ownership. The spaces form a small, gravel parking lot that is accessed over 31 Cedar Street North (owned by Reitzel Bros General Contractors Inc). While the spaces do not form part of the Subject Lands, the ownership group own the access to the spaces and have maintained a good working relationship with each of the title holders. Given this, it is reasonable to consider these lands as forming part of the assembly and, as such, should be subject to the same land use designations. Further, given the interrelationship between the parking spaces with the assembled lands, the Development Concept discussed below utilizes the entire parcel. Page 209 of 592 Development Concept A Development Concept was submitted with the letter submitted November 29, 2023 by Polocorp and has been reattached to this letter for reference. The Development Concept demonstrates that approximately 200 units could be located on the lands and would be fully compliant with the SGA -2 Zone as they have been published, to date. The Development Concept is comprised of two 8 -storey buildings that extend from Cedar Street through to Madison Avenue. Buildings are set back and stepped back as required by the SGA -2 Zone. The concept would provide a mid -rise multi -unit development form that is encouraged by Official Plan policy and Design Guidelines. As noted above, the Development Concept utilizes the separately titled parking space parcels. These spaces are currently accessed over 31 Cedar Street North. Access is constrained and the spaces and drive aisle are gravel and in poor condition. It is anticipated that any future development would integrate much -improved parking spaces to the owners in compensation for the lands. Should an agreement with the owners not come to fruition minor modifications to the Development Concept could be made to ensure full compliance with the SGA -2 Zone. Should staff require confirmation of this, please request and Polocorp will provide. Official Plan Policy 15.D.2.5 Polocorp submitted a letter on December 15, 2023 that outlined the conformity of the proposed changes to Section 15.D.2.5 of the proposed OPA. This letter has been attached for reference. Given the above, we trust that the information provided is sufficient to reflect the requested changes to the final mapping. The Subject Lands are held under common ownership, can accommodate a viable development concept and is consistent with Section 15.D.2.5 of the OPA. Further, staff have previously indicated their support for the change. We look forward to speaking with staff on February 23, 2024 and receiving further confirmation of the requested changes. Should you require any additional information ahead of the meeting please feel free to contact the undersigned. Sincerely, Polocorp Inc. l'lJ Matthew Warzech CIP RPP Director of Develo ment and Planning CC: Bill Reitzel, Reitzel Bros General Contractors Inc Page 210 of 592 a W e N '§ d atAy -O GJ N a Ul `52 E 52 G E 5522 '� C o Y 1 m 2 a7� 'acaa �mSa �m3a 9 n d Y col, Full irm CL iz `gymC_% ypyp% ypyp g$��ry ten, dr c�ff3f 1fa� 'fir —_ iL Ima y N anuaW ny uosip> _ 9' _ AlemaplS ollgnd ------ - P, I f -r-- -----, - v wnlpod hajoiS-6 l VLZ II � 10 WE y 71�'s — I M --- -- dJ 1 Q I 'C� I I `9 c7 I CL o co m RR A _J it �599F llemapPS oggnd N IMIS cepa; • �Y L E U Y I I I 1 I I I I I I j I I. i � I •I X'y c m� _E wL) 1 a� fn � � W _J it �599F llemapPS oggnd N IMIS cepa; • �Y L E U Y I I I 1 I I I I I I j I I. i � I •I X'y c m� _E wL) 1 POKEORP rM December 13, 2023 City of Kitchener — Planning Division 200 King Street West, 6' Floor Pd Box 1118 Kitchener, ON N2G 4G7 Via email to planning applications@kitchener.ca Attention: Natalie Goss Manager, Policy and Research Reference: 23 — 31 Cedar St North and 18 — 26 Madison Ave North Growing Together Conformity with Draft OP Policy 15.D.2.5 On November 29, 2023 Polocorp Inc submitted a letter requesting that the land municipally described as 23 — 31 Cedar St N and 18 — 26 Madison Ave N, inclusive of the unaddressed lands central to the block, be uniformly identified as SGA 2 Zone within the final Zoning By-law Amendment. Included in the letter was confirmation of lot consolidation/ownership as well as a conceptual design demonstrating compliance with the SGA 2 Zone. Further to this information, please consider the following: Section 15.D.2.5 of the Draft Official Plan Amendment states: Notwithstanding Policy 4.C.1.8 and 4.0.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning 8y -law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a] compatibility with the planned function of the subject lands and adjacent lands, b) suitability of the lot for the proposed use and/or built form; c) lot area and consolidation as further outlined in Policy 3.0.2.11; dj compliance with the City's urban Design Manual and Policy 11.C.1.34; e) cultural heritage resources, including Policy 15.D.2.8, and, f) technical considerations and other contextual or site specific factors. Page 212 of 592 .40 �V Zoning Zoning the lands SGA -2 would be consistent with proposed Section 15.D.2.5 of the Official Plan, as described below. a) compatibility with the planned function of the subject lands and adjacent lands; Zoning the land SGA -2 Zone would be consistent with the proposed zoning of the abutting lands to the east, west and south. Doing so would follow a natural line through the blocks that aligns with the adjacent transition between zones to the east. The south side of the block is identified as SGA -2 and, as such, has a planned function to accommodate mid -rise infill development. By rounding out the SGA -2 Zone, as described, the lands can fulfill this function. If the zoning were to remain as currently proposed, the setback requirements from the SGA 1 Zone, and existing development on the adjacent block, would significantly encumber the development potential of the lands. 2 Page 213 of 592 POUICORP F February 16, 2024 City of Kitchener — Planning Division 200 King Street West, 6' Floor PO Box 1118 Kitchener, ON N2G 4G7 Via email to growingtogether@kitchener.ca Attention: Natalie Goss Manager, Policy and Research Reference: 95 —109 Weber St East; 64 — 74 Cedar St North; and, 14 May Place Growing Together Study Comments on Recommended Zoning By-law Can January 29, 2024 the Planning and Strategic Initiatives Committee considered the Official Plan and Zoning By-law Amendments considered through Growing Together Study. Prior to the meeting, Polocorp Inc had, on behalf of RJMR Investments, submitted letters dated August 29, 2623 and November 24, 2023 regarding the rezoning of the above-described lands (the "Subject Lands"). Further, a Pre -submission Consultation for an Official Plan and Zoning By-law Amendment was completed on December 5, 2023 to consider same. All correspondence with the City of Kitchener, to date, has requested that the Subject Lands be considered for higher -density residential redevelopment. The Committee ultimately deferred any decision related to the OPA and ZBA and requested staff continue consultations with stakeholders. Given the above, Polocorp continues to request that the Subject Lands be identified as Strategic Growth Area 3 (SGA3) Zone within the recommended Zoning By-law Amendment proposed through the Growing Together Study. A meeting between Polocorp and City Staff has been scheduled for February 23, 2023 to discuss this request. Ahead of this meeting, Staff have requested the following information to consider the proposed zoning: 1. Proof of lot ownership; 2. A conceptual design that demonstrates compliance with the desired zone,- and, 3. A scoped planning justi fication addressing proposed Oficial Plan policy 15.D.2.5. Given the above, please consider the following. Page 214 of 592 Consolidated Ownership The Subject Lands are under common ownership by R.J.M.R Investments Inc as provided within our November 24, 2023 submission. For reference, Geowarehouse Property Reports showing ownership of 95 -109 Weber Street East, 64 - 74 Cedar Street North and 14 May Place are appended for reference. Please note that the unserviced, and unaddressed, parcel on May Place is not owned by R.J.M.R Investments Inc, however, the opportunity to consolidate it with the Subject Lands may arise in the future. Given this, it is requested that any zoning applied to the Subject Lands also be applied to this parcel. As the parcel is not currently under the same ownership as the Subject Lands, the Development Concept provided below does not include it. • 14% • TP fi av A o�ya b Figure I: Subject Lands Conceptual Design Previously submitted Concept Plans contemplated a 25 -storey residential building utilizing the SGA -3 regulations, however, minor site-specific provisions would have been necessary. Please find attached a revised Development Concept illustrating an 18 -storey residential building including 6 storey podium and private, ground -level amenity space. The Development Concept is estimated to accommodate a total of -146 residential units. The attached Concept fully complies with the regulations of the SGA -3 zone as they have been published to date. Building setbacks and physical separations are provided 11 Page 215 of 592 from the required yards using the anticipated required road widenings. Please see the SGA -3 Zoning Regulations analysis table provided below. TaHe L• 564 3ZaftR Urns Regulation Required Provided Complies Min Setback —All yards 3m 3m Yes Min Base Height 3 stores 6 stares Yes Max Base Height 6 stores 6 stores Yes Min. Floor Space Ratio 2.0 5.2 Yes Max Building Height 25 stores 18 stores Yes Stores 13 -18 Min Lot Area 1,800 m" 2,632 m' Yes Min Lot Width 36 m 71.5 m Yes Min Front Yard (Floors 7-18) 6.0 m 6.0 m Yes Min Exterior Yard (Floors 7 —18) 6.0 m 6.0 m Yes Max Building Length 54 m 24 m Yes Max Floor Plate 1,200 mz 533 mZ Yes Min. Physical Separation 9.0 m 9.0 m Yes It should be noted that, should the unaddressed parcel be consolidated with the Subject Lands, the Development Concept would continue to comply. Official Plan Conformity, Section 15.D.2.5 Section 15.D.2.5 of the proposed Official Plan Amendment states: Notwithstanding Policy 4.C.7.8 and 4.C.7.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning $y -law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors. a) compatibility with the planned function of the subject lands and adjacent lands, h) suitability of the lot for the proposed use and/or built -form; c) lot area and consolidation as further outlined in Policy 3. C2.7I'- d) compliance with the City's Urban Design Manual and Policy 77. C. 1.34; e) cultural heritage resources, including Policy 75.D.28,• and, D technical considerations and other contextual or site specific factors. Zoning the Subject Lands SGA -3 would be consistent with Section 15.D.2.5 of the Official Plan, as described below: Page 216 of 592 a) compatibility with the planned function of the subject lands and adjacent lands; The Subject Lands are located at the intersection of Weber Street and Cedar Street within the defined Downtown Urban Growth Centre per the Official Plan. Weber Street is a Regional Road while Cedar Street is Major Community Collector Street, per Map 11 of the Official Plan, and features a dedicated bike lane. They are —300 metres from the Market ION Station, —200 metres from King Street East and —130 metres from the Kitchener Farmers Market. Given the central location of the Subject Lands, the area is well-suited to accommodate medium to high-density redevelopment. This planned function is supported by the draft Official Plan Amendment proposed by the Growing Together Study which applies the Strategic Growth Area B designation to the Subject Lands. The Strategic Growth Area B designation, per the Official Plan Amendment, is "...intended to accommodate significant intensification..." and "...serve as a transition between Low Rise Residential Uses within Strategic Growth Area A designation...". The zoning of the Subject Lands as SGA -3 would be appropriate and compatible with the surrounding context as it would facilitate the appropriate transition between existing high-density development to the low/medium-density lands to the north. The following provides further context to the planned functions of the surrounding lands and the compatibility of the SGA -3 Zone. West: The lands on the south side of Weber Street East, west of the Subject Lands are slated for, or currently existing as, high-density residential development. The lands are proposed to be designated SGA -B within the proposed Official Plan Amendment and SGA -3 within the Zoning By-law. The lands immediately west of the Subject Lands at 83-87 Weber Street East, however, are not included within the Growing Together Study and are approved for a high-density 32 -storey residential tower which exceed both the SGA -B and SGA -3 permissions. The lands at Weber Street and Scott, (63 Scott Street) are an existing 11 -storey residential tower. Northwest of the lands is another 11 - storey residential tower. The SGA -3 Zone would facilitate the redevelopment of the Subject Lands at a scale similar to, or lower than, those on lands immediately to the west. As such, the SGA -3 Zone will be compatible with the existing, and approved, character to the west. North: The lands on the north side of Weber Street, immediately opposite the Subject Lands are identified as SGA -A and SGA -2 in the Growing Together Study. These lands are planned to accommodate medium -density residential uses of up to 8 -storeys. Lands immediately opposite the Subject Lands at 98-102 Weber Street have completed a Pre -submission Consultation to propose a 6 to 8 -storey residential building. Slightly west, the north side of Weber Street is slated to be designated SGA -B, which could accommodate slightly higher densities. Further north, along Lancaster Street East the natural topography of the land slopes up —3-5 metres. Lands on the south side of Lancaster Street are proposed to be SGA -1 which permits up to 4 storeys. Should the Subject Lands be zoned SGA -3, a transition from 32 storeys west of the Subject Lands, to —18 storeys on the Subject Lands, to —8 storeys on the north side of Weber Street, to —4 storeys on Lancaster could occur. Given this, the SGA -3 Zone would facilitate an appropriate and ideal transition in height and density with the lands to the north and 4 Page 217 of 592 are compatible with the planned function of the surrounding lands. Further, this is consistent with the planned function of the SGA -B land use designation, described in the Official Plan Amendment above. East: As with the lands to the north, lands to the east are proposed to be designated SGA -A and SGA -2 in the Growing Together Study. A 6 -storey apartment building currently exists at 59 Cedar Street. Similar to the lands to the north, the lands southeast, opposite Cedar Street, are proposed to be zoned SGA -1 Zone. As such, a similar transition in height and densities could occur from the Subject Lands down to the east and southeast. Given the above, the SGA -3 Zone would be compatible with the planned function of the lands to the east. South: The lands to the south are currently identified as SGA -13 and SGA -2 in the draft Growing Together Study materials, including the Kitchener Market and the Market Lofts located at Cedar and Duke Streets. The SGA -2 Zone allows for up to 8 storeys in height. As such, zoning the Subject Lands SGA -3 would allow for an appropriate transition from high-density residential along a major corridor (up to 32 storeys and approximately —18 storeys on the Subject Lands), down to —8 storeys, then 4 storeys at the Kitchener Market. This transition would mirror that which is proposed at the west end of the block wherein Scott Street -fronting lands transition from SGA -3 down to SGA -2 on lots internal to the block to step down to the Kitchener Market. Given the above, the SGA -3 Zone would be compatible with the planned function of the lands to the south. b) suitability of the lot for the proposed use and/or built -form; The Subject Lands are ideally suited to accommodate the SGA -3 Zone given its proximity to the Market ION Station, Kitchener Farmer's Market and numerous other downtown amenities. The Subject Lands are situated directly on a major corridor and active transportation network. The Subject Lands are situated at the northeast corner of the defined Downtown Urban Growth Centre and, as such, provides an opportunity to appropriately transition from the adjacent 32 -storey tower (approved) down to the medium -density residential uses planned on the adjacent blocks. While the parcel is irregular in shape, the majority of the lands area 1,400 mz square development site, ideal for an 18 -storey point tower that complies with the SGA -3 Zoning regulations. The balance of the lands can accommodate an elongated building podium or street -fronting townhomes. Additional lands provide the opportunity for a —275 mz outdoor amenity area, at grade. The Subject Lands have adequate servicing to support the proposed zoning and uses. No improvements to the adjacent transportation network will be required. Given the above, the lot is suitable for the proposed SGA -3 Zone and Development Concept. Page 218 of 592 c) lot area and consolidation as further outlined in Policy 3.C.2.11; The consolidated lot area of the Subject Lands is approximately 2,630 square metres in area, whereas the SGA -3 Zone requires a minimum lot area of 1,800 square metres. Further to the comments provided above, the lot area and consolidation is appropriate for the SGA -3 Zone and does not require any specific considerations. d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; The redevelopment of the lands are in preliminary stages and, as such, no detailed designs have been considered. With that said, the Concept Plan considered the regulations of the SGA -3 Zone and the general policies of the Urban Design Manual and Official Plan, particularly those related to Tall Building Guidelines and separation. The Concept Plan considers a 6 -storey podium that steps back to a point tower configuration. The podium is oriented to the street and provides distinct street edges. The tower is situated on the property to provide appropriate separation from adjacent lands and fully complies with the SGA -3 physical separation regulations. Upon further consideration of the building design, the Urban Design Manual and OP policies will be considered and implemented through the Site Plan review process. Given the above, the SGA -3 Zone complies with the Urban Design Manual and OP policies as much as can be considered at this time. e) cultural heritage resources, including Policy 15.D.2.8; and, The Subject Lands do not contain any cultural heritage resources or institutional uses. It is noted that Region of Waterloo staff commented, through the Pre -submission Consultation process, that should any archaeological resources be discovered through development of the lands, the appropriate excavations are to be undertaken. P technical considerations and other contextual or site specific factors. Given that the redevelopment of the Subject Lands are in initial stages, no technical studies have been completed to date. It should be noted, however, that a Pre -submission Consultation meeting was held on December 5, 2023 during which no specific concerns were raised including those from Engineering, Building, or Transportation. Prior to Site Plan Approval, detailed studies for each will be completed. It is acknowledged that the Subject Lands are situated on Weber Street East and that vehicular access will be limited or prohibited. It is also acknowledged that Cedar Street is one-way and that a right in/out vehicular access would be necessary. Due to its location, a Noise Study and associated warning clauses will also be required, as is typical of developments in similar locations. Preliminary works, including comments from staff, have indicated that the application of the SGA -3 Zone to the Subject Lands would pose no concern. 0 Page 219 of 592 Given the above, zoning the Subject Lands as SGA -3 poses no concerns and would be appropriate. The Subject Lands are consolidated under common ownership; a viable Development Concept that conforms to the regulations of the SGA -3 zone has been provided; and, the proposed zoning gives consideration to and is consistent with proposed Official Plan Policy Section 15.D.2.5. As such, we request that the lands be zoned Strategic Growth Area 3 (SGA -3) in the final draft of the proposed Zoning By-law to be recommended to Council. We trust that the enclosed information is sufficient to facilitate our discussion on February 23, 2023 and support the zoning of the Subject Lands as SGA -3. Should you require any additional information ahead of the meeting, please feel free to contact the undersigned. Sincerely, Polocorp Inc. Matthew Warzec YCIP RPP Director of Development and Planning CC: Bill Reitzel, RJMR Investments 7 Page 220 of 592 `E! a an ry s 58� m � m n Z .h '^+• Y O m N E ,li �, g'ry&ry$g'v y0y 4 ^i ypp,E}$' � a-Iif CL '2 'i :92:922:9 C7 w'2 22 fmf W CD N 41 1 E The ultimate construction of the lands as mid -rise development would be compatible with the existing mid -rise building to the south, and planned mid -rise rise buildings on the surrounding lands. A transition to SGA 1 zone would be accommodated through the SGA 2 regulations. As such, the proposed redevelopment of the lands would be compatible with the planned function of the lands and adjacent lands. b) suitability of the lot for the proposed use and/or built -form; The consolidated lands offer an ideal opportunity for a mid -rise infill project. The land geometry as a rectangular through -block provides flexibility for numerous development configurations. Should the lands remain split -zoned, the opportunity for efficient development would be significantly reduced or encumbered entirely. As such, the assembled lot is perfectly suitable for the SGA 2 zone. c) lot area and consolidation as further outlined in Policy 3.C.2. 77; The consolidated lands provide sufficient lot area for a mid -rise infill project, as illustrated by the development concept submitted on November 29, 2023. The consolidation of the lands with a consistent SGA 2 zone offers the most efficient utilization of the lands. Should the lands remain split - zoned it is likely that they will remain as individual parcels, unconsolidated, as the ability to attain a necessary level of intensification will be rendered difficult. d) compliance with the City's Urban Design Manual and Policy 11.C.7.34; The development plan submitted on November 29, 2023 is conceptual in nature, however, it illustrates the ability for the lands to attain an attractive, efficient and appropriate design within the assembled parcels. The concept is consistent with the proposed policies of 11.C.1.34 as it would be compatible with adjacent lands, would not encumber surrounding opportunities and would employ high-quality urban design measures. Further design considerations would be determined through detailed design to ensure compliance with the City's Urban Design Manual. e) cultural heritage resources, including Policy 75.D.2.8; and, The subject lands are not located within a Heritage Conservation District and do not contain any heritage designated properties. The lands are located immediately adjacent the Kitchener Market and would provide an opportunity to provide sensitive intensification within proximity to this Downtown amenity. P technical considerations and other contextual or site specific factors. The subject lands are currently serviced by municipal water, sanitary and stormwater services. A stormwater management pipe runs through the property between Cedar Street and Madison Ave, Page 222 of 592 however, it is anticipated that the pipe could be relocated, and updated, concurrent to any future development works. Given the above, the subject lands are consistent with Section 15.D.2.5 and, as such, are suitable for the uniform application of the SGA 2 Zone through the final Zoning By-law Amendment. Should you require any additional information, or wish to discuss further, please feel free to contact the undersigned. Sincerely, Polocorp Inc. Matthew Warzec CIP RPP Director of Development and Planning CC: Bill Reitzel, Reitzel Bros General Contractors Inc 4 Page 223 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON •r+•N►♦�. P L A fel IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE March 4, 7024 arowingtogether(c)kitchen er.ca Attn : Natalie Goss - Manager Policy & Research City of Kitchener Planning Division, 6th floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Goss: RE: GROWING TOGETHER / DRAFT OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS VIVE DEVELOPMENT CORPORATION INC., 79,83-87 WEBER STREET, KITCHENER - OUR FILE 15213 We are writing on behalf of our client, Vive Development Corporation Inc. CVIVE'), with respect to the above noted matter. This letter has been prepared as a follow up to our earlier correspondence, dated December 811' as well as additional submissions provided on January 211" and January 10t" and our more recent meeting held on February 23rd, 2024. We appreciate staff's willingness to meet with us to discuss our position further and have prepared this letter to provide additional justification to support our request. Previously, we had requested that the Strategic Growth Area C designation be extended to include VIVE's lands on the south side of Weber Street (79 Weber Street) and that these lands, together with VIVE's lands recently approved through Official Plan Amendment 33 (83-87 Weber Street) be designated SGA -C and zoned SGA -4 to reflect the recent lot consolidation. Similarly, it is requested that the site specific permissions, which permit a 32 Storey building with 446 units be carried over and that the 79 Weber parcel (which forms part of the consolidated lands) be designated SGA -C as well, so that the lands can be comprehensively redeveloped with the same permissions. A conceptual plan was prepared to demonstrate how the site could be developed. The site specific Regulation 805R permits special regulations, which we anticipate will be carried over in the new By-law. We understand that you had concerns with our original request to zone the lands Known as 79 Weber to a SGA -4 zone category without the benefit of a formal application. Accordingly, kindly accept this letter as formal request to amend our original request to simply ask that the land use designation of these lands and the surrounding lands be changed to SGA -C. We acknowledge that a separate zoning process may be required to advance a development concept that to implement the SGA -C designation. As such, we have amended our original request such that the SGA -C designation be applied to VIVE's 79 Weber Street, 83-87 Weber Street properties as well as all of the City Block' of lands bounded by Scott Street, Weber Street East, Cedar Street North and Duke Street East. In our opinion, this request is appropriate given: • 83-87 Weber (referred to herein as the subject lands covered by OPA33) is already proposed to be designated with densities that are consistent with Strategic Growth Area C and densities of the SGA -4 zone; The City Block of land bounded by Scott, Weber, Cedar and Duke Streets are located within an MTSA and are located approximately 210 metres from the Kitchener Market Station ION stop; The individual parcels in the City Block could be consolidated much like VIVE's lands at 79, 83 and 87 Weber Street so that the lands can be comprehensively developed and individual parcels do not become orphaned unusable parcels; This City Block is located along a Planned Transit Corridor in the Region's Official Plan and are along an arterial corridor in the City's Official Plan all within a MTSA; The subject lands as well as other parcels within this City Block could be of an appropriate size if consolidated to accommodate towers that can comply with the SGA -4 zoning; There is sufficient SGA -B lands surrounding the subject lands to provide for transition to a lower density area; • Weber Street East, Cedar Street and Duke Street East act as a physical barrier and an appropriate transition of land use relative to the lower density lands to the north east; and, The City Block does not abut any SGA -1 or low-rise residential lands; and, Policy 3.C.2.18 sets the same minimum density requirements for the Downtown Protected Major Transit Station Areas C'PMTSA"), demonstrating that lands outside the Downtown are envisioned for high-density, transit -supportive development. As previously noted, we have prepared a preliminary concept plan, which demonstrates that 79, 83- 87 Weber Street can be developed with a compatible building design. It is acknowledged that additional planning relief outside of the Growing Together process may be needed to implement an acceptable design for these lands. Having said this, the preliminary concept plan for the subject lands and the physical characteristics of the City Block demonstrates that the test set out in Policy 15.D.2.5 for sites seeking a change to the Official Plan and/or Zoning By-law can be satisfied. In this regard, the following factors are to be considered: a) compatibility with the planned function of the subject /ands and adjacent /ands; The subject lands and the City Block are located within the Strategic Growth Area and Protected Major Transit Station Area, which is intended for transit supportive intensification. The preliminary concept plan illustrates that a high-rise residential tower, set above a podium base can be accommodated, creating a pedestrian -friendly form. The SGA -4 zoning on the lands to the west provides appropriate transition to higher density lands and the SGA -2 zone provides transition to SGA -1 lands to the north and to the east in the broader area. The subject lands are sufficiently separated from low-rise residential development, and are located immediately adjacent to other lands owned by our client on 83-87 for which the existing permissions are reflective of an SGA -4 zone. 2 Page 225 of 592 b) suitability of the lot for the proposed use and/or built -form; The City Block is well defined by existing arterial (Weber Street East) and local roads, which provide for a hard transition line between densities. The Block interfaces with other existing and planned high-rise developments west of Scott Street and north of Weber Street East. Existing medium density developments and uses already existing opposite Cedar and Duke Streets, thus providing an appropriate transition from any proposed high-rise uses on the City Block to surrounding low-rise areas. c) lot area and consolidation as further outlined in Policy 3. C.2.11; The subject lands meets the minimum lot area and lot width requirements and the lot consolidation has already occurred. The concept plan demonstrates that the subject lands are of a sufficient size to accommodate high-density development. Further lot consolidation throughout the City Block can be achieved to meet the City's by-law requirements. d) compliance with the City's Urban Design Manual and Policy 11. C.1.34; The proposed SGA -C designation would allow for a compact, dense, transit -oriented form of development in proximity to the downtown and less than 210 metres from an existing ION station. The preliminary concept plan further demonstrates that the subject lands can support a tower and podium form while meeting the site specific regulations and guidelines, including tower separation, floor plate area, and tower placement. Specific compliance with the Urban Design Manual and Policy 11.C.1.34 would be analyzed through a future Site Plan Approval application, as appropriate. e) cultural heritage resources, including Policy 15.D.2.8; and, There are no cultural heritage constraints on the subject lands or surrounding City Block that would limit the development of a high-rise residential or mixed-use building. t) technical considerations and other contextual or site specific factors. Other technical considerations would be investigated through detailed planning applications, as appropriate. Contextually, the proposal is appropriate. The lands have frontage on a public street and can be designed in compliance with all proposed zoning standards. In summary, we believe the request to amend the proposed designation for 79, 83-87 Weber Street and the surrounding City Block represents good planning and should be supported. This opinion recognizes the direction to intensify the PMTSAs, the long-term potential to intensify 83-87 Weber Street, and the ability to comprehensively plan the surrounding City Block, while maintaining an appropriate transition with surrounding land uses. Accordingly, we formally request that Staff consider applying the SGA -C designation to 79, 83-87 Weber Street East and the balance of the City Block bounded by Scott Street, Weber Street East, Cedar Street North and Duke Street East. 3 Page 226 of 592 We once again thank staff for your consideration of our request. MHBC Pierre Chauvin MA, MCIP, RPP Juliane vonWesterholt BES, MCIP, RPP Partner c. 5. Litt G. Stevenson rd Associate Page 227 of 592 C KITCHENER ! WOODBRIDGE I 1QNVON i BARRIE I HAMILTON .�'�►+'�� PLANNING " URBAN DESIGN & LANDSCAPE MHBC ARCHITECTURE February 21, 2024 Natalie Goss Manager Long Range and Policy Planning Kitchener City Hall, Planning Division 611' Floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Goss: RE: Growing Together Site Specific Considerations, Our File 15213I I am writing on behalf of our client, VIVE Development Corporation (VIVE), as it relates to the properties outlined below. Further to our letter sent to you on December 81 as well as additional submissions provided on January 2n1d and January 10th concerning properties owned by VIVE, which included plans of buildings that could be constructed on the properties, we would like to follow up on the requests that were submitted, as summarized below and on the attached Appendix A. To summarize, we requested the following (denotes proposed changes): Address Proposed Requested Proposed Requested Number Floor Staff Designation OP SGA Zone SGA zone of Plate Response designation stares mz 791 83- Site Specific SGA -C Site SC 32 1285.4 None 87 specific received to Weber date Street W SGA -4 46-56 SGA -C SGA -C SGA -4 36 850 None College received to date 58160- SGA -A SGA -C SGA -2 SGA -4 36 1000 None 64 received to Weber date St. W and 96, 102 Young Street 864-872 SGA -C SGA -C SGA -4 SGA -4 16,18,44 varies None King and 55 received to Street date West Crowne SGA -C SGA -C SGA -3 SGA -4 36 950.5 None Plaza received to Benton/ date Charles 698-710 SGA -C SGA -C SGA -3 SGA -4 36 961.5 None Charles received to St date As you know, the Staff Report together with the draft OPA and ZBA was presented to Council on January 29th, 2024 and was deferred to the March 18th, 2024 Council meeting. We note, that the Staff Report did not respond to our comments or rationalize why changes were not made to the draft OPA/ZBA. In addition to our site specific concerns/ requests, we would also like to express our concern over the extremely prescriptive design regulations proposed in the zoning, which we believe prohibits or constrains creative design solutions, and does not recognize site specific considerations or anomalies, as each site is different with unique opportunities and constraints. We strongly encourage City staff to maintain these design objectives through guidelines and not to imbed them into zoning regulations, as this will only lead to unnecessary process and will not encourage efficient, cost-effective or unique building design. In addition, the requirement to incrementally increase lot area with additional height will result in many buildings having the same uniform height, which will not inspire the vibrancy or add interest to the City's skyline. In turn, many of the step back or separation requirements are rigid and will result in uniformity in design similar to the "wedding cake style" which does not allow for creative design and assumes that each site has the same set of opportunities or constraints. Lastly, we encourage City staff not to regulate floor plate size in the zoning as efficiencies in building construction and design may not be realized, which results in additional cost that is passed on to the purchaser or renter and ultimately works against the objective of provide more affordable housing. In summary, we welcome the opportunity to meet with City staff to discuss these concerns and requests prior to the March Council meeting. We look forward to meeting with you at the earliest opportunity. 2 Page 229 of 592 Yours truly, MHBC Pierre Chauvin MA, MCIP, RPP Partner c. 5. Litt Juliane vonWesterholt BES, MCIP, RPP Associate Page 230 of 592 Appendix A -Comment made to City on Growing Together Response Official Flan Vision None to date • Vibrancy ■ Connection Belonging It is understood that the overall intent of these objectives is to create a vibrant community that is inclusive and diversity. It is suggested that the statements contained therein be stated in a positive statement eg. rather than saying what you do not think the energy is .... say what it is. While these are only objectives and not policy, they help set the tone of the document and the City's objectives. Section 3.0.2.15 establishes the Strategic Growth Areas as A, B, C None to date with C being the most intensive intensification area and A the least. It is suggested that it be the reverse. It seems area SGA -A should be the most intensive and as you move out of the UGC the areas are less intensive as shown on the map so these areas should be an SGA -C. Policy 11.C.1.34 b) and c) make reference to ensuring "good" compatibility. The adjective good is subjective and perhaps creates some ambiguity. It is suggested that the word "good" be removed, as it can be challenged if relied on in a planning opinion at a tribunal. Policy 12.0.1.51 speaks to the priority and gateway locations in the None to date Cedar Hill and Schneider Creek neighbourhood and in the last paragraph of this section contains a typographical error mid — paragraph the word "giving" should be replaced with "given". Policy 15.2.10 intends "to create and maintain walkable, cyclable and None to date rollable strategic growth areas". It is suggested that the word "rollable" be replaced with accessible, as this would include more persons with disabilities. Policy 15.D.2.23 indicates that the City may limit height along King None to date Street. It is suggested that development if appropriate and if it complies with objectives of the Tall Building Guidelines, should not be limited to the 3 storey height limit. Cities are organic and evolving and what represented a main street feel 100 years ago is not current and there has been so much momentum and energy in the downtown developments. Policy 15.D.2.39 c) please refer to comment for Policy 15.2. 10 None to date above. Page 231 of 592 Page 232 of 592 Strateaic Growth Area A (consider renaming to SGA-C see comment None to date 3.C.2.15 above) Policy 15.D.2.41 states that residential housing types permitted in the Low Rise and Medium Rise Residential designations are permitted. Can you confirm that this also includes stacked townhouse dwellings as multiples are listed in the medium rise residential designation? Strategic Growth Area B None to date The downtown core, which is a primary intensification area has a significant portion designated as SGA-B which has height limits to 25 storeys. What is the rationale for this limit on height in particular on lands that do not have heritage significance or are adjacent to a stable neighbourhood eg. block on the north side of King Street West between Water Street and Francis. Strateaic Growth Area C None to date Lands within this area are intended to accommodate significant intensification at high density, Policies 15.D.2.52-15.D.2.54 indicate that there may be no maximum height and refers to site specific increases in building height. This continues to suggest that the height may be limited despite this being the highest intensification area. Is there opportunity for stronger language that creates more certainty, particularly on sites that meet the intent of Tall Building Guidelines and provide for adequate transition to lower density uses? It is encouraging that the language says "may" however the flip side to that is that one "may not" permit some additional height and this is somewhat subjective. Zoning by-law Definition None to date Floor Plate Area- means the gross floor area of a storey of a building. It is suggested that you insert the words "within the tower of a tall" after the word storey and delete the words "of a"as this should not reference low density or medium density built forms. Suggested definition Floor Plate Area- means the gross floor area of a storey within the tower of a tall building. Physical Separation- means the distance from a tall building tower's None to date faces to its interior side lot line and real lot lines. When two of more towers are on the same lot, the total distance between each pair of towers in any direction is to be calculated as the sum of both individual separations. Page 232 of 592 Can you clarify what is meant by this definition and perhaps provide a diagram. In particular, explain what is meant by the sum of both individual separations. Also, is it necessary to meet internal separations on a site as there are other methods such as tower orientation and positioning to mitigate overlook conditions? By not regulating the on site tower separation perhaps more flexibility is achieved to provide better off site separations. Section 6 In Section 6.2 contains a Table 6-1 which lists the permitted uses within the SGA zones. We note that cluster towns are not permitted specifically and respectfully request that they be permitted and that the regulations for Table 6-1 be adjusted accordingly. Table 6.4 in Section 6.4.3 sets out regulations for the entire building, for storeys above the 7t" storey and for transition to low rise residential zones. Accordingly, the Section pertaining to the tower above the 7t" storey, has minimum side yard setback of 6.0m, minimum building length of 60m and maximum floor plate size of 2000m2, which in our opinion are too low. These should be determined by the Tall Building Guidelines and not be embedded in the zoning. Please consider adjusting these as follows...... We would be happy to discuss this matter with you in more detail. In a similar manner Table 6.5 regulates Multiple Dwellings, Mixed Use Buildings and Non -Residential Buildings. We have concerns over the following: None to date Genera/ • Minimum Street line ground floor building height should be None to date revised to provide more flexibility 7-12 storey • For storeys 7-12 the minimum front and exterior side yard setback at 6.Om is too restrictive and will result in fewer units None to date per floor • The maximum building floor length should be increased from None to date 60m to 90 m • The minimum physical separation of 6.Om should not be None to date regulated but should be determined through Tall Building Guidelines to provide flexibility 13-18 storey • The maximum building length for 13-18 storeys could be None to date achieved but if lengthened • Maximum floor plate site should be increases to 1400 mz None to date 6 Page 233 of 592 19-36 storey • The maximum floor plate should be revised to 1200 mz None to date 37 and above • The maximum building length should be increased to 48m None to date • The maximum floor plate should be increased to 1200 mz Section 6.6 Priority Streets None to date Section 6.6a) ii and iii which does not permit the location of structured parking in the podium structure or permits only 50% of the area of the street line fagade within the base of the building is problematic for smaller sites. It is suggested that this be permitted above the first two floors if it cannot be located on the ground floor with some glazing or appropriate screening or wrapped with units where feasible. Section 6.7 Private Amenity Space None to date Section 6.7a) I and II require 4 mz and 8 mz respectively of private amenity space. This seems too high and we suggest reducing this amount to approximately 2.0 mz for a 1 bedroom and 3 M for a two bedroom. General comments • In the situation of a corner lot how the building length would be applied? Is it applied to both frontages? None to date • Also, in the case of an L-shaped building the floor plate None to date size would never be complied with. Section 18.4- Deemed to Comply Development Applications: Please ensure that the following sites are deemed to comply: None to date • 926 King Street E.; • 83-87 Weber Street W.; • 332 Charles Street; • 1668 King Street E.; In the case where the site specific regulations or permissions are None to date more restrictive than the proposed SGA provisions considerations to review these permissions as part of this process may be appropriate Page 234 of 592 and it is suggested that this should be discussed with the property owners. Page 235 of 592 •o I U • 0 � I • ro LL'J o N E E C)N�oo°Doo d M�MMMCOM oorz --�— o N E E C)N�oo°Doo d M�MMMCOM o E El El � E o EE o 00 N ON VNcp tp VQ�� Q U Q yrjw w� O Q d N CCZww � Z � OO LLU �J 2r Q Z(1-nXXN z Q U' U 2 O � �g 0 U V N El 1:1 �V1 €o a ' V © E E w a ogc E oE oE000 �L _: Z vc.i•a co vo�� • - _ �� No�g� i how>om�< z N N h N^. 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WOODBRIDGE I LONDON 9 BARRIE I BURLINGTON PLANNING III URBAN DESIGN LANDSCAPE Y E A R s n HBC ARCHITECTURE January 11, 2024 Natalie Goss Manager Long Range and Policy Planning Kitchener City Hall, Planning Division 6t" Floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Goss: RE: Growing Together Site Specific Considerations OUR FILE We are writing on behalf of our client VIVE, as it pertains to the property outlined below. Further to our letter sent you on December 22111, the following response is intended to provide the rationale] justification for inclusion of site specific permissions for one additional consolidated property noted below. In support of the request for site specific zoning considerations, with a conceptual design has been included with this letter for each site. 698-710 Charles Street The property is a consolidation of three former properties 698, 704 and 710 Charles Street East. The lands are located on the north side of Charles Street between Sheldon Ave S. and Preston Ave S. and each currently contain a single detached dwelling. The subject lands are located within the Borden Ave. Station Area which are proposed for an SGA -3 Zone and SGA -C designation and are geographically situated within the King Street East corridor. The proposed SGA -3 zone would limit the height to 25 storeys. Our client is requesting an SGA -4 zone with unlimited FSR and height and no parking requirements which aligns with the SGA -C designation which is intended to accommodate intensification areas at a higher density for lands that have been consolidated. Proposed policy 15.D.2.53 indicates that lands designated SGA -C may have no maximum building height. Our client has included plans for a 36 storey building on the site. Site specific setback regulations may be required for the consolidated parcel including front, rear and side yard setbacks. Justification The proposed reduction in the minimum front, side and rear yard setbacks is requested to provide a building design which appropriately addresses the frontage with active uses with a reduced front yard setback, while maintaining an adequate rear yard setback from adjacent established uses to the rear. Typically in more urban locations, buildings are often constructed with minimal or zero front yard setbacks in order to establish a consistent street line setback and further, as the subject block develops over time, it is anticipated that front yard setbacks will be minimal in order to provide for active frontages to the pedestrian realm. The subject lands back onto commercial lands with frontage onto King Street East at the end of the Station Area boundary. In addition, there are two single detached homes along Sheldon between King Street and Charles Street, with a recently constructed street fronting town house block at the south east corner of King Street East and Sheldon Ave. The reduction in rear yard setback is minimal from 7.5m to 6.31m, and the proposed tower design and building orientation has been designed to minimize impacts on adjacent land uses during daylight hours by orienting the building closer to the intersection of Charles Street and Preston Ave. There are no heritage properties in the vicinity. As the lands are located within 644 m of the Bordon Station, the proposed density at this location would support transit use and would achieve the City's objective to intensify priority intensification areas such as the MTSAs. Our Client intends to develop the lands comprehensively, which aligns with the planned function to intensify these lands. The lands on their own, would likely not achieve the maximum development potential, however, as part of a consolidated parcel, it would be able to be developed at a density that will help support transit use and make more efficient use of land and infrastructure as directed in OP policy 3.C.2.11, which states "that the City will discourage a reduction in the lot area of property if the reduction in lot area has the potentlal to compromise intensification. Consolidation of properties will be encouraged in the interest of comprehensive planning to achieve better site configuration, the provision of amenities and land use and design efficiency'. Further land consolidation of the block bound by Charles Street E., Preston Ave S., King Street E. and Sheldon Ave. S. may occur over time. We have provided a conceptual plan showing that a building with a 900 sq. m floor plate and a height of 36 storeys could be developed on the subject lands. The intensification of the subject lands would help meet the planned function of the MTSA, which is to support transit usage and to facilitate the intensification of a priority area as identified in Section 3.C.2.17. MTSAs are identified as areas to provide a focus for accommodating growth through development which supports transit, helps achieve a mix of residential and non residential uses in the area and contributes toward the creation of pedestrian oriented streetscapes. Additionally, the proposed designation to an SGA -C designation would suggest that additional height beyond the proposed SGA 3 zone limit of 25 storeys, may be considered without height restrictions where appropriate. By permitting the SGA -4 zoning on the subject lands the vision of high density intensification can be realized for these lands and the vision for the SGA -C designation can be implemented. Lastly, the proposed development of these lands would compliment the development recently approved for 1251 and 1253 King Street East and 16 Sheldon Avenue for 8 to 24 storey towers immediately to the west of the subject lands. Together these sites would provide additional density to support transit use and provide a transition in built form height, thus adding interest to the City's skyline. We respectfully request that you consider the submission for increased zoning permissions on these key locations for the reasons cited above. Should you have further questions or require additional supporting information, we would welcome the opportunity to meet and discuss this with you. Yours truly, 2 Page 244 of 592 MHBC Pierre Chauvin MA, MCIP, RPP Partner cc. 5. Litt Juliane vonWesterholt, BES, MCIP, RPP Associate Page 245 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON •r+•N►♦�. P L A fel IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE January 11, 2024 Garett Stevenson Manager Development Review Kitchener City Hall, Planning Division 6t" Floor 200 King Street West Kitchener, ON N2G 4G7 Dear Mr. Stevenson: RE; 1122 Ming Street East OPA/ ZBA application and Growing Together Implications OUR FILE 2290A We are writing on behalf of our client MG Urban Developments Inc., as it pertains to the property outlined above. Applications for Official Plan (OPA) and Zoning By-law (ZBA) amendments were submitted late in 2023 and since then, the City has advanced Its station area planning with draft Official Plan and Zoning By-law documents that would affect these lands. The proposed Official Plan designation is SGA -B and proposed Zone is SGA -3, which would permit a tower of 25 storeys as the client originally requested in the private amendment applications. Proposed Policy 15.D.2.49 states that no building will exceed 25 storeys in height, which would support the proposed development of our client for the above noted lands. Additionally, 15.D.2.47 states that Strategic Growth Area B land use designation would accommodate medium and high density housing types, such as the proposed 25 storey apartment contemplated by our client. It would be the expectation of our client that these permissions for the subject properties be advanced as part of the Growing Together process. In speaking to Mr. Tim Seyler, Senior Planner, we were advised that the subject lands could be designated and zoned by the City's Growing Together process in lieu of advancing the site specific OPA and ZBA applications already submitted. We have spoken to our client and have been advised to proceed under the City's Growing Together process. In turn, we would respectfully request that our application for OPA/ ZBA be withdrawn and that the fees be returned to our client. Please confirm acknowledgement of this letter and we look forward to working with the City through the Growing Together process. Yours truly, MHBC Pierre Chauvin MA, MCIP, RPP Partner Juliane vonWesterholt, BES, MCIP, RPP Associate cc. V. Gamboa- MG Urban Developments Inc. N. Goss, Manager Long Range and Policy Planning, City of Kitchener Page 247 of 592 Hinos 1S Au 1S NOM39 o E E MOON �O d �MMQiN�Oi o E h E 0 ooEEo -o N000cOON � VNID [OVm� Y Q H O Z Uo]C7SU_ U Q yrjw ¢w¢� WUC7J4 d N¢ z w w ~p w Y p wC Q O V]�QZNm Xfn z N V � Q N V N mp I ---------------- LLJ LU U) Z W N: r N ----------- ------------- - * 0 04 0 to -------------- -------- Ll -------- -- - ------- I II L---------------------------------------- � cl-ft F -I cl-ft � smi cc O O � Q � O QZ Q) O co O a - C) � � � � cl-ft � smi cc O O � Q � O QZ Q) O co O a - C) � � � I I I I I I I I I I I I I I I I I I I I I I I v i II II II I I I I I II I II II � I I I I I I F -I i III---� c� z W OW Ji W it -- j Qc: li CL �i i �i J' i III---� c� z F -I I v J I I II I I I I I I II I I II I- I I I I I I I I I I I I I I I I I -- r -- --Lf--I— I --T ----j I W O/ --—--�'— I I I I I I d �v ) co LQ W I€ _:. a I I II €= oil I ®:I SII - li r—H r- -r - -- - .-- -- I I j I I ------------------------------------ ----,I -T-- --- --,-- ---II',I-- ---T-- I��II---�--�--J-- T ---I- -- T -- T- -; - --'-- - T --;-- F -I m 14 wra- IM -01 RIMIX C13 Lo F -I ! 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I �II L_ II II II _.IIII - as F -I W O M I C/) � W J OO O O n LUO N z ------------------------------ I I II I II II I II II it—.— �I I m ■L 1-1 Wv i Lo C.13 Lo � W J O O CL -I From: Natalie Goss To: Growina Toaether (SM); John Zunic; Adam Clark Subject: FW: Growing Together Response - Updated Concepts Date: Thursday, March 7, 2024 3:47:16 PM Attachments: imaae004.ona imaae009.ona 22040 864KinaSt SGA-4-ZC.odf 27Pine SGA3-Analysis-ZC.odf 22040 864KinaSt SGA-4-ZC-NeiahbourinaSite.odf From: Pierre Chauvin <pchauvin@mhbcplan.com> Sent: Thursday, March 7, 2024 3:33 PM To: Natalie Goss <Natalie.Goss@kitchener.ca> Cc: Stephen Litt Garett Stevenson <Garett.Stevenson@kitchen er.ca> Subject: FW: Growing Together Response - Updated Concepts Hi Natalie, Further to our previous submissions regarding VIVE's lands at 864 King Street and 27 Pine Street, I have attached updated conceptual plans summarizing the zoning compliance relative to the proposed zoning. I note for the 27 Pine Street site, the attached concept has been prepared assuming an SGA -3 zone, whereas SGA -2 is proposed by the City. We believe an SGA -3 is more appropriate for this site and can generally comply with the physical separation requirements. The only variance to the separation distances relates to the setback relative to the adjacent park. We believe 25 storeys could be accommodated in this location and still maintain an appropriate transition to the low rise area west of Pine Street given the locational context, surrounding land uses, and proposed development at 846 King. We kindly ask that you consider this minor revision to the proposed zoning for 27 Pine Street. Thank you for your consideration and I look forward to your reply. As always, I am available anytime to discuss this matter further, if required. PIERRE CHAUVIN, MA, MCIP, RPP I Partner MH BC Planning, Urban Design & Landscape Architecture Follow us: Webpage I Linkedin I Facebook I X I Vimeo I Instagram Olfta PLANNING URBAN DESIGN & LANDSCAPE MHBC ARCHITECTURE This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or Page 260 of 592 otherwise exempt from disclosure. No waiver of confidence„ privilege, protection or otherwise is made. If you are not the intended recipient of this communication, please advise us immediately and delete this email without reading, copying or forwarding it to anyone. From: Kyle Reinders Sent: March -01-24 1.30 PM To: Pierre Chauvin Stephen Littl Subject: RE: Growing Together Response - Updated Concepts Pierre/Steve, See attached revised SGA Analysis Plans and comment responses in red below. Kyle Reinders OAA, MARCH, 6,A,TECH, LEED AP, M.RAIC REINDERS + LAW �ninJ This email rnessage, including its cements and attachments, is the confidential property of Reimers + Law Ltdand is intended for use by the indiwdual(s) or instaurion(s) to wtuch it is addressed. This email message may not be ooped, rnodfied, retransnxtted, or used for any purpose except by the intended recipient. If you are not the intended recipient, please delete all copies and notify us immediately. The accompanying information is supplied as a matter or courtesy . The data is provided "as is" "hoot warranty of any kind either expressed or implied. Any person(s) or organiizatron(s) making use of or relying upon this data is responsible for confirming its accuracy and completeness against the hard copy of the same data. Only hard copies include a prafewonai's stamp and signature are to be considered as true and final ,minders + taw Ltd. is not responsible for edited or reproduced versions of this digital data. The accompanying riles and the information contained within are the copyrighted property of R+L and are not to be distributed without the expressed written consent of R+L Page 261 of 592 d N EE -1E CD CC Nr�ru'>M� 61 d I�Ml�r �rcD E d of -o of of � o � � c�mcovrn� Q WN tea¢ 2E h pQp[C n I Z E��aZNXXtn OJ U) z 1:1 133H1S 9NnoA I 00"£ co W Q rci O v O El :[I O E It ■ lL I N m 1NollYH IAltld M111W3 IAINd MWWl 3101AM001� Iw w - ■ o ■ a O CD tL �E.I�EEE�E ��+iv ver a I� i ¢ w E, o EE FE m I W ■ 2i � VNc0 c0 VQ�r V Q mC~7Q0 O QUF ZwH mU J Q I JOQC ��Z�w � M2 }OC C)lCD �owyo��Q Z I 3 Q Z N n X ZO N p�0000LLC�� Q I VJ Q I 00"£ co W Q rci O v O El :[I it up consulting January 15, 2023 Ms. Natalie Goss Manager Policy and Research Planning Division City of Kitchener Submitted via e-mail to: growingtogether(ukitchener.ca Mr. Adam Clark Senior Urban Designer Planning Division City of Kitchener Re: Growing Together —Amenity Space Requirements for Strategic Growth Areas Comments on Proposed Amenity Space Regulations Fitzrovia Residential Inc. On behalf of my client, Fitzrovia Residential Inc., please accept this letter with respect to the City of Kitchener's ongoing `Growing Together' initiative. I have reviewed the draft materials related to the initiative available on the City's `Engage WR' webpage including the proposed draft implementing Official Plan Amendment and Zoning By -Law Amendment. As an overarching statement, my client is generally supportive of the Growing Together initiative and the progressive vision and implementing regulatory framework for priority growth areas of the City. The recommended policy and regulatory changes will, by and large, facilitate the context appropriate infilling of priority growth areas of the community while ensuring appropriate development standards are applied and incorporated into new developments. Notwithstanding, my client has concerns with regards to the proposed Amenity Space requirements of the proposed Zoning By -Law Amendment for the new Strategic Growth Areas of the City. This letter discusses the City's current approach to regulating amenity spaces, the proposed amenity space requirements for the City's proposed Strategic Growth Areas, provides an overview of amenity space requirements of comparable municipalities / growth contexts, and makes land use planning recommendations to the City on matters related to the same. Kitchener's Current Approach to Regulating Amenity Spaces The City of Kitchener's existing Zoning By -Laws (85-1 and 2019-051) are currently silent on the matter of the provision of amenity space for mixed use zoned properties. This includes the City's current high density mixed-use zones (being the MU zones of by-law 85-1 and MIX zones of by- law 2019-051). 1 do note that in certain residential zones, where at -grade multiple dwellings are proposed, each dwelling unit located at ground floor level is required to have a patio area adjacent to the dwelling unit. Otherwise, both existing by-laws provide little direction with regards to size and locational matters of amenity spaces in new developments. Rather than requiring amenity spaces within these areas by by-law, the City currently encourages the provision of amenity spaces through its urban design framework, expressed in the City's Urban Design Manual and Tall Building Design Guidelines. This urban design framework establishes design direction related to the provision of amenity space from both an area/size and locational perspective, which includes: Provide indoor and outdoor amenity areas suitable for a range of activities suitable to intended occupants. Page 264 of 592 it up consulting • Locating amenity spaces adjacent to circulation spaces and with the greatest degree of permeability possible. • Locating and designing amenity spaces to account for wind, sun and weather conditions. • Providing natural surveillance over amenity spaces. • Avoiding the provision of small, narrow, unassigned open spaces around and between buildings. • Designing private open spaces to have direct access to generous and well-designed landscaped areas and to mitigate impacts from public realm. The Urban Design Manual also includes a recommendation with respect to the amount of outdoor amenity space to be provided which is: Recommended Amenity Space = (2 m2 x #units) + (2.5m2 x # bedrooms - # units) While encouraged, to a large degree, the City's approach currently leaves the provision and extent of amenity space to the determination of individual developers, and the provision of such spaces is usually informed by purchaser preferences, financial feasibility and marketing -related matters. It has been my experience that the extent/degree and design of amenity spaces has usually been the result of thoughtful discourse between my clients and City Planning and Urban Design Staff recognizing the nature and location of individual sites, the availability/scarcity of public amenity spaces and parks in proximity to the sites, and project specific considerations. It is noted that without a zoning framework in place to mandate/require the provision of such spaces, to my knowledge most projects developed or issued planning approvals in recent years have included amenity spaces even despite a regulatory requirement. For instance, most new developments in the core area of the City include rooftop amenity spaces, indoor amenity spaces and at -grade amenity spaces to provide for the recreational needs of their residents as these spaces are in high -demand and recognized as important building components. Proposed Amenity Space Requirements The Draft Implementing Zoning By -Law (November 2023) for the City's Growing Together initiative introduces proposed regulations requiring the provision of `Private Amenity Spaces' for new residential development for the City's new SGA2, SGA3 and SGA4 zones. In the Draft Implementing Zoning By -Law, `Private Amenity Space' is defined as: Private Amenity Space — means the use of a premises for indoor or outdoor active or passive recreation for the exclusive use of occupants of a dwelling unit. It can include features such as outdoor patios, above ground decks, balconies (subject to additional requirements), communal indoor spaces (such as gyms), communal indoor social spaces (such as entertainment rooms), swimming pools, and outdoor rooftop amenity space (such as rooftop decks and terraces). It shall not include lobbies, washrooms, laundry facilities, storage areas, hallways, elevators, reception areas, management offices, parking areas, access driveways, unprogrammed landscaped open space (excluding outdoor patios), receiving areas, loading spaces, and the like. The definition is permissive in nature (e.g., "features such as") and accepts a broad range of recreational uses as amenity uses. 2 Page 265 of 592 it up consulting It is noted that this definition specifically excludes `unprogrammed landscaped spaces' from the definition. At face value, the reason for this exclusion is fairly intuitive from a regulatory perspective (i.e. the aim of ensuring that outdoor spaces are appropriate for recreation / amenity), however this exclusion discounts the benefit of unprogrammed spaces for general recreation purposes. Consider, for example, that the majority of amenity space provided for residential lands in the City are sodded / grassed yards associated with residential uses (typical rear -yard conditions for single, semi, townhouse and multiple dwellings). Likewise, many local municipal parks include large areas of unprogrammed landscape space, which are commonly used for general recreational purposes. While unprogrammed landscape spaces may not have a specifically intended purpose, they are much -used spaces for recreation and gathering and should not be unilaterally excluded from inclusion within this definition. As an alternate approach, it is recommended that regulations be developed to allow for the inclusion of such spaces towards the achievement of amenity space requirements provided they meet locational and minimum area requirements (i.e., not located in narrow size yards, achieving contiguous area requirements etc.). It is also noted that the definition of `Private Amenity Space' is silent on the matter of Privately Owned Publicly Accessible Spaces (POPS), which are important recreational components of intensifying urban conditions. Clarity is requested as to how POPS spaces would be credited towards the City's amenity space requirements. In addition to these `use -related' matters, the definition, as currently drafted, includes wording which is somewhat counter -intuitive, with the first sentence providing that this space is to be provided for the "exclusive use of occupants of a dwelling unit" (singular in nature) and latter sentences referring to communal spaces (communal/shared in nature). For clarity/cohesion, it is recommended that the wording of the first sentence be revised as follows: Means the use of a premises for indoor or outdoor active or passive recreation for the exclusive use of occupants of a GlWelliRg 1PA ilding. In addition to introducing this new definition, the Draft Implementing Zoning By -Law (November 2023) for the City's Growing Together initiative proposes amenity space requirements for the new SGA2, SGA3 and SGA4 zones, which are set out in Section 6.7 of the Draft By -Law and as follows: 6.7 PRIVATE AMENITY SPACE a) Private amenity space shall be required as follows: I. In an SGA -2 zone, 4 m2 of private amenity space is required per dwelling unit; and, II. In an SGA -3 and SGA -4 zone, 8m2 of private amenity space is required per dwelling unit. b) Further to subsection a), balconies, where provided, may count towards private amenity space requirements where they achieve: I. A minimum depth of 1.2 m; and, 3 Page 266 of 592 Cup consulting A minimum area of 4 m2, excluding area occupied by mechanical equipment such as air conditioning units. It is again noted that this approach (i.e., to mandate a specific amount of amenity space per unit) differs from the historic approach applied by the City, which provides a more flexible approach with respect to amenity space. Again, it is recommended that the historic approach to amenity space be maintained. It is also unclear why the by-law establishes different standards between the SGA2 and SGA314 zones, with the regulations for the SGA3f4 zones being twice as onerous than the foregoing. Intuitively, the City has proposed to apply its most permissive (in terms of height and density) zones to lands closest to ION J LRT station stops reflective of their location and their ability to provide for transit supportive development. The proposal to require a higher degree/amount of amenity space for these zoned lands is counterintuitive to the underlying intention of the SGA314 zone, as it will introduce more onerous requirements than anywhere else in the City in this regard. It is unclear why the City is proposing to deviate from its current approach to regulating amenity areas,. which has been largely successful to date. My client is amenable and agreeable to the provision of amenity spaces within its future projects), however, they are not amenable to the mandated approach and onerous requirements currently contemplated which will prioritize the quantity of amenity space over the quality of the spaces provided. Notwithstanding the concern with regard to the proposed amenity space requirements and the general approach to regulating these spaces, my client is committed to providing high degree amenities within each of their developments. I note that while my client has yet to develop within the Region of Waterloo market area, they have developed several high-density, purpose-built rental buildings in the Greater Toronto Area. In each of these projects, specific and intentional consideration has been given to providing an appropriate degree and quality of amenity space within their projects. The following table summarizes some of the amenities provided in their recent buildings: PROJECT THE WAVERLY (COLLEGE AND SPADINA, TORONTO) THE PARKER (YONGE AND EGLINGTON, TORONTO) ELM AND LEDBURY (QUEEN AND CHURCH, TORONTO) AMENITIES PROVIDED Infinity Pool Commercial Grade Gym and Yoga Studio Pet Spa Rooftop Amenity Terrace Lobby Lounge Co -Working Spaces Infinity Pool Commercial Grade Gym and Yoga Studio Pet Spa Rooftop Amenity Terrace Lobby Lounge and Greenhouse Co -Working Spaces Rooftop Amenity Terrace Commercial Grade Gym and Yoga Studio Pet Spa Ski and Sports Simulator 4 Page 267 of 592 Cup consulting SLOANE AND TRAFFORD (YORKDALE, TORONTO) Sports Lounge Greenhouse Basketball Court Party I Dining Area Meeting Rooms Media Room Infinity Pool Gym and Yoga Studio Pet Spa Amenity terraces Party Ream Co -Working Spaces Kids Room Outdoor Courtyard Wellness Centre Screening Room The range of amenities provided within these projects is informed by market research and demand, with the underlying goal of providing high-quality amenities that are well appreciated and used by residents. By embracing a regulated approach to the provision of amenity space — which would require the provision of over 25,000 sq. ft of amenity space for a 300 unit development— the feasibility of providing such high-quality amenities will be strained, at the trade off of providing more physical space and the construction and programming costs associated therewith. In my opinion, providing high quality amenities for the use and enjoyment of residents should be prioritized over high quantities of lesser programmed areas. I also note that, despite providing these high-quality amenities, for various reasons (namely related to increased energy costs and sustainable design considerations, maintenance and design implications), my client does not typically include extensive balconies in their projects, which the proposed by-law relies heavily upon for the realistic achievement of the proposed amenity space requirements. These balcony -less (or minimal balcony building designs) have helped my client achieve LEED Platinum, Passive House and CaGBC's Zero Carbon Building standards in past projects in addition to architectural and urban design awards for their distinctive and characteristic building designs, with representative examples shown below. Figures 1 and 2: MI ■ 11 ri iL .� r w qi a■ a� � � i di;"ragJ i]s r A molls oil NJ Representative Fitzrovia Developments Page 268 of 592 Cup consulting Inter -Jurisdictional Review of Amenity Space Requirements Towards the preparation of this correspondence. I have reviewed amenity space requirements of several Ontario municipalities compared to those set out in the Draft By -Law, which are summarized in the following table: MUNICIPALITY CITY OF TORONTO CITY OF MISSISSAUGA CITY OF OTTAWA CITY OF WATERLOO AMENITY SPACE REQUIREMENTS 4.0 sq. m per dwelling unit (of which at least 2.0 sq. m is indoor amenity space; at least 40.0 sq. m (of the total) is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and no more than 25% of the outdoor component may be a green roof) 5.6 sq. m per dwelling unit or 10% of the site area_ 50% of the percentage of the total to be provided in one contiguous area_ 6.0 sq. m per unit + 10%n of GFA of unit. A minimum of 50% to be communal spaces. 3 sq. m per unit for one bedroom unit + 2 sq. m for each additional bedroom In addition to the above, it is noted that several municipalities do not contain any minimum requirements for amenity space within their respective zoning by-laws including the Cities of London, Milton and Oakville, representing a similar approach to that currently used by the City of Kitchener. Based on this review, I note that the 8 sq. m of amenity space proposed for SGA -314 zones is higher than those of the municipalities noted above, whereas the 4.0 sq. m of amenity space for the SGA -2 zone is consistent with these inter -jurisdictional observations. While it is recommended that the City maintain its longstanding approach, should amenity space requirements be built into the new zoning by-law that the requirement be reduced to 4.0 sq. m per unit for all SGA zones_ Recommendations and Conclusions As detailed in this letter, my client is generally supportive of the Growing Together initiative and the progressive land use planning work being undertaken by the City to regulate growth within its strategic growth areas. As previously stated, my client has concerns with the inclusion of the definition of `Private Amenity Space' and the corresponding regulations and requirements for the proposed SGA2- SGA4 zones. Based on my review of the draft implementing Zoning By -Law. I recommend that: The City of Kitchener maintain its current approach to amenity space, and continue to rely upon its urban design framework and the site plan approvals process to ensure that appropriate, high-quality amenity space is provided for new residential developments; C: Page 269 of 592 it up consulting • That the City of Kitchener revise its urban design guidelines to provide additional direction with respect to the provision of high-quality amenity spaces; That the City of Kitchener continue to work with the development industry to ensure that appropriate amenity spaces be provided for individual projects, respective of their location, access to community amenities, and the quality of amenities provided. Additionally, should the City of Kitchener proceed with its intention to require Private Amenity Space within Strategic Growth Areas: • That the definition of Private Amenity Spaces be clarified as previously suggested; • That consideration be given to including a portion of `unprogrammed landscape space' towards the calculation of Private Amenity Space; • That the definition or by-law include direction with respect to POPS and how it is counted towards the achievement of the by-law Private Amenity Space requirements; • That the amenity space requirement for the SGA3/4 zones be reduced to 4.0 sq. m per unit, in keeping the requirements of many similarly urban contexts. Conclusion I trust that the information provided in this letter will be considered as you finalize the Growing Together project and the implementing Zoning By -Law Amendments for the same. Should you have any questions or to discuss, please do not hesitate to contact me. Sincerely, 4ok— David Galbraith MCIP RPP 7 Page 270 of 592 December 20, 2023 City of Kitchener Planning Division, 6th Floor 200 King Street West Kitchener, Ontario N2G 4Y9 Attention: Natalie Goss, MCIP, RPP Manager, Policy and Research Dear Ms. Goss: Re: Growing Together Response to November 2023 Draft Materials 49, 51, 53 and 55 Pine Street SHAPING GREAT COMMUNITIES File No. 23246 On behalf of Snider Corporation, please accept the following commentary and response to the draft OPA and ZBA documents released on November 3, 2023 for the "Growing Together" initiative as related to the above -noted properties. Snider Corporation has acquired 49, 51 and 53 Pine Street with the intent of providing for a consolidated, comprehensive mixed-use, mid to high density redevelopment project. Snider Corporation is currently pursuing the acquisition of 55 Pine Street, to be consolidated with 49 to 53 Pine Street. The properties are located on the north side of King Street, approximately 200 metres north of Grand River Hospital and associated iON Station. The property is currently occupied by existing low-rise residential uses. It is my understanding you had previous discussions and correspondence with Snider Corporation regarding the subject properties as they relate to the "Growing Together" initiative. The property is proposed to be located within a Protected Major Transit Station Area in the Official Plan Amendment for the "Growing Together" initiative, which are areas intended to support transit through accommodating future growth and development through a mix of residential, office, institutional and commercial uses that provide for connectivity to various modes of transportation and have streetscapes and built forms that are pedestrian and transit friendly. The properties are located approximately 200 metres north of the Grand River Hospital iON Station, which will be planned to achieve a minimum density of 160 residents and jobs per hectare. The properties are proposed to be designated as Strategic Growth Area A in the Official Plan Amendment for the "Growing Together" initiative, which are areas intended to accommodate intensification within predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit Station stops, and/or lands where existing lots are generally too small to support high - PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 271 of 592 rise buildings. The Strategic Growth Area A designation is intended to accommodate a range of low and medium density residential uses, along with compatible non-residential uses, with maximum building height of 8 storeys and a minimum Floor Space Ratio (FSR) of 0.6. Finally, the properties are proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment for the "Growing Together" initiative, which permits a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0 and no maximum FSR. Snider Corporation supports the proposed Protected Maior Transit Station Area designation. We believe the subject properties represent an excellent opportunity for intensification proximate to the Grand River Hospital iON Station and can be redeveloped as a high-density, mixed-use project designed to be compatible with and sensitive to the existing low rise residential uses on the north side of Dodds Lane. However, Snider Corporation does not support the proposed Strategic Growth Area A designation and the SGA -2: Mid Rise Growth Zone as applied to the properties. We request the properties be designated Strategic Growth Area B and zoned SGA -3: High Rise Growth Zone (Limited). The subject properties combined represent a small pocket of existing low rise residential uses on the east side of Pine Street; the subject properties are situated between Mount Hope Cemetery to the north, additional municipal open space to the east and existing surface parking lot the south. The subject properties are separated from the existing low rise residential uses on Mary Street and Herbert Street by Pine Street. The subject properties are within 200 metres from the Grand River Hospital iON Station and as consolidated, create a moderately sized parcel for redevelopment. It is our opinion that redevelopment of the subject properties can be designed to be compatible with and sensitive to the existing open space use to the north and east, and existing low-rise residential uses to the east, as demonstrated by the appended preliminary development concepts. Policy 15.D.2.5 of the proposed Official Plan Amendment for the "Growing Together" initiative allows for the consideration of site-specific applications for Zoning By-law Amendment through the consideration of a number of factors. The following provides a summary of the requirements of proposed Policy 15.D.2.5 as well as commentary and justification for the properties to be zoned SGA -3: High Rise Growth Zone (Limited) as requested. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) Compatibility with the planned function of the The properties are located within a Protected subject lands and adjacent lands Ma"or Transit Station Area, which are areas GSP Group 12 Page 272 of 592 GSP Group 13 Page 273 of 592 intended to accommodate a significant portion of future growth and development. The properties are located approximately 200 metres north of the Grand River Hospital iON Station, which can be accessed directly via Pine Street, future mixed-use, mid to high- density development will assist the City in achieving the required density target of 160 residents and jobs per hectare identified for this area. A large portion of the area that surrounds the Grand River Transit iON Station is occupied by long-standing local business and a Regional hospital that are unlikely to be redeveloped or intensified in the short to medium-term, significantly impacting the ability to accommodate intensification in the Grand River Hospital iON Station Area. With very limited options for redevelopment along around the Grand River Hospital iON Station, the subject properties provide an opportunity for transit -supportive intensification that can be designed to be compatible with and sensitive to surrounding open space and low- rise residential land uses. We believe the proposed development of the subject properties can be designed to be compatible with the surrounding uses and reasonably scaled to provide for appropriate residential intensification proximate to the Grand River Hospital iON Station while adhering to the design objectives of the Strate is Growth Area 8 designation b) Suitability of the lot for the proposed use and/or The properties are a consolidation of four (4) built -form legal parcels, which combined create an overall site area of approximately 1,343 square metres. The consolidation of the four (4) lots with access to a local road (Pine Street) allows for the redevelopment of a larger parcel with the ability to accommodate important design considerations, including site access, building setbacks and steps, height and massing and compatibility. It is our o inion that it is the consolidation of the four GSP Group 13 Page 273 of 592 GSP Group 14 Page 274 of 592 (4) lots that makes the overall site suitable for the proposed redevelopment. c) Lot area and consolidation as further outlined in The proposed development concept includes Policy 3.C.2.11 the four (4) properties at 49, 51, 53 and 55 Pine Street. The properties at 49, 51 and 53 Pine Street have been acquired by Snider Corporation (currently under the same umbrella company); Snider Corporation is currently in the process of acquiring the property at 55 Pine Street Upon the consideration and approval of planning applications that would allow for mid to high-density residential development, the properties will be merged on title. d) Compliance with the City's Urban Design Manual The preliminary development concept and Policy 11.C.1.34 submitted in support of this request takes into consideration the proposed zoning regulations and development standards associated with the SGA -3 Zone as well as the applicable policies of the City's Urban Design Manual, including those pertaining to tall buildings. The preliminary development concept proposes a 25 -storey tower with approximately 140 dwelling units and includes a rear yard tower setback and side yard tower setback of 6.0 metres where the subject properties abut open space currently owned by the City and Mount Hope Cemetery. The preliminary development concept has been designed to include appropriate tower stepbacks, as specified in the draft Zoning By- law for the "Growing Together" initiative. The preliminary development concept includes two access points to an underground and podium parking with the provision of a total 58 parking spaces (approximately 0.41 spaces per unit). Policy 11. C. 1.34 of the proposed Official Plan Amendment for the "Growing Together" initiative indicates that new tall building development must have consideration for tall building design principles, including separation, overlook, height, floorplate area, tower placement, orientation and building proportions. The policy further states that the GSP Group 14 Page 274 of 592 Based on the commentary noted above, we believe that the properties should be designated and zoned to permit mid to high-rise residential development that is compatible with and sensitive to surrounding land uses. We respectfully request the properties be designated as Strategic Growth Area B as part of the proposed Official Plan Amendment and zoned SGA -3: Hiah Rise Growth Zone (Limited) as cart of the aroaosed Zonina By-law Amendment for the "Growing Toaether" initiative. We would like to meet with City staff to review this request in further detail, in advance of finalizing the proposed Official Plan and Zoning By-law Amendments for the "Growing Together" initiative. GSP Group 15 Page 275 of 592 zoning by-law will provide for design regulations to mitigate environmental impacts, create high-quality design, ensure compatibility with surrounding low and mid - rise context and ensure the development of future adjacent or nearby buildings are not frustrated. It is our opinion that the preliminary development concept demonstrates the subject properties can be redeveloped with sensitivity to and compatibility with surrounding open space and low-rise residential land uses. The preliminary development concept has incorporated a number of urban design guidelines and requirements with respect to tall building design; through further detailed design, we believe that these considerations can be further enhanced to meet the policy objectives of 11. C. 1.34. e) Cultural heritage resources, including Policy Not applicable 15. D.2.8 It is our understanding that there are no Designated or Listed heritage resources proximate to the subject properties. f) Technical considerations and other contextual or It is our expectation that all technical site specific factors considerations and requirements for a future planning application will be summarized as part of the formal Record of Pre -Submission Consultation. We expect that these technical studies will include but are not limited to a Traffic Impact Study and Parking Justification Report, Stationary and Traffic Noise Impact, Pedestrian Wind Assessment, Urban Design Brief and Planning Justification Report. Based on the commentary noted above, we believe that the properties should be designated and zoned to permit mid to high-rise residential development that is compatible with and sensitive to surrounding land uses. We respectfully request the properties be designated as Strategic Growth Area B as part of the proposed Official Plan Amendment and zoned SGA -3: Hiah Rise Growth Zone (Limited) as cart of the aroaosed Zonina By-law Amendment for the "Growing Toaether" initiative. We would like to meet with City staff to review this request in further detail, in advance of finalizing the proposed Official Plan and Zoning By-law Amendments for the "Growing Together" initiative. GSP Group 15 Page 275 of 592 On behalf of Snider Corporation, we respectfully request to be notified of all meetings, reports and progress related to the "Growing Together" initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. • e . Kristen Barisdale, MCIP, RPP Vice President, Planning cc. Gord Snider, Snider Corporation GSP Group 16 Page 276 of 592 January 29, 2024 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4Y9 SHAPING GREAT COMMUNITIES File No. 21274 Attention: Chair Singh and Members of Planning and Strategic Initiatives Committee Dear Chair Singh: Re: Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework (Report No. DSD -2024-005) 85 Weber Street West and 60 & 66 College Street, Kitchener GSP Group represents the owners of 85 Weber Street West and 60 & 66 College Street in downtown Kitchener (the "Site"). We have reviewed the above -noted staff report and note that the Site is proposed to be zoned SGA -3 (Attachment D - Appendix A - Zoning Grid Schedule 84). We submitted a letter on November 30, 2023 (attached — letter also contained in Attachment G starting at page 200) regarding the Draft Growth Together document requesting consideration for a site-specific SGA - 4 to support the redevelopment of the Site. In fact as noted in our November 30, 2023, we have taken steps toward advancing the redevelopment of this Site, through a formal pre -consultation in July 2022 and have had follow-up discussions with City staff. Since the release of the current staff report we have reached out to City planning staff and they have confirmed they are not supportive of a site-specific SGA -4 for the Site at this time. However, with that said we also understand that staff remain open to considering an applicant -initiated planning application for the Site in the future. While we will still believe the Site meets the criteria for consideration for the SGA -4 zone, we look forward to presenting all full redevelopment proposal in the near future. Thank you for the consideration of our comments. Should you have any questions or require any additional information, please do not hesitate to contact me. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 277 of 592 Sincerely, GSP Group Inc. Hugh Handy, MCIP, RPP Vice President cc Clients Natalie Goss, City of Kitchener Adam Clark, City of Kitchener GSP Group 12 Page 278 of 592 November 30, 2023 City of Kitchener Planning Division, 6th Floor 200 King Street West Kitchener, Ontario N2G 4Y9 Attention: Natalie Goss, MCIP, RPP Manager, Policy and Research Dear Ms. Goss: Re: Growing Together Response to November 2023 Draft Materials 85 Weber Street West and 60 & 66 College Street SHAPING GREAT COMMUNITIES File No. 21274 We are writing on behalf of the owners of 85 Weber Street West and 60 & 66 College Street in downtown Kitchener (the "Site"). In the November 3, 2023 draft planning instruments published through Growing Together, the Site is proposed to be designated Strategic Growth Area C and Zoned SGA -3. We are in support of the Strategic Growth Area C designation. We are requesting consideration through the Growing Together initiative that the Site be zoned Special Growth Area Four (SGA -4) with a Site-specific Special Provisions to address the required setbacks and physical separation. On July 26, 2022, GSP Group, project architect ABA Architects, and the owners of the Site had a pre -submission consultation meeting regarding a 32 -storey development on the Site. The City was generally supportive of the proposal, indicating the location is suitable for redevelopment to contribute to the achievement of the intensification target for the Urban Growth Centre. Further to this pre -submission consultation meeting, discussions were held with the City to demonstrate how the Site would not impact the development potential of the abutting properties at the intersection of Weber and Water Streets, which is also proposed to be designated Strategic Growth Area C and zoned SGA -3. It is our understanding that the following criteria are to be addressed as part of the request for consideration to be zoned SGA -4: 1) Proof of lot ownership. The three lots comprising the Site are under the ownership of two separate groups, who have partnered to explore the redevelopment potential of the Site, as indicated in the pre -submission consultation. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 279 of 592 2) Zoning compliance with SGA -4. The enclosed zoning compliance chart confirms general compliance of the proposed development relative to the draft SGA -3 and SGA -4 Zones. It illustrates that the proposed development complies with all aspects of both zones except the height limit of the SGA -3 Zone and the setback and physical separation requirements of both the SGA -3 and SGA -4 zones. 3) Planning Justification relative to the criteria for changing zoning within the Major Transit Station Areas as set out in draft Official Plan policy 15.D.2.5. The subsections that follow provide a planning opinion relative the six criteria of draft policy 15.D.2.5. 15. D. 2.5a) compatibility with the planned function of the subject lands and adjacent lands The Site and abutting lands to the south and west are proposed to be designated Strategic Growth Area C, and zoned SGA -3, while the lands to the east on College Street are proposed to be designated Strategic Growth Area C and zoned SGA -4. The planned function of the Strategic Growth Area designations is to provide opportunities to accommodate intensification, including housing, that is transit -supportive in close proximity to ION rapid transit. The Strategic Growth Area C designation is intended to accommodate significant intensification at high density. The proposed development conforms to the planned function of this designation, as it is a high density development. The properties across to the north of the Site across Weber Street are part of the Civic Centre Neighbourhood Heritage Conservation District (HCD), and are proposed to be designated Strategic Growth Area A. The properties along Weber Street in the HCD are proposed to be zoned SGA -2, which indicates there may be some level of development anticipated in this area, with heights permitted up to 8 storeys. As tall buildings are permitted in each direction from the Site, with mid -rise permitted to the east across Weber Street, a Regional road, the proposed development will transition appropriately to the planned uses of each. 15. D. 2.5b) suitability of the lot for the proposed use and/or built -form. The Site is suitable for the proposed development because it is within the Urban Growth Centre, and close walking distance to both the current and future location of the Kitchener GO Station, and is near both the Central and Kitchener City Hall ION Stations. The Site is an appropriate size for redevelopment, meeting the requirements of the SGA -3 and SGA -4 zones, and further, is appropriately dimensioned to ensure efficient vehicular and pedestrian circulation within and around the Site. GSP Group 12 Page 280 of 592 15.D.2.5c) lot area and consolidation as further outlined in Policy 3.C.2.11. The Site is an assembly of three smaller parcels and has an area of 2,493 sq m (after road widenings), exceeding the minimum lot area required for the SGA -4 Zone. 15. D. 2.5d) compliance with the City's Urban Design Manual and Policy 11. C.1.34. The proposed development was prepared by taking into consideration the applicable policies of the City's Urban Design Manual, including those pertaining to tall buildings (former Tall Building Design Guidelines). The point tower is oriented towards the intersection of Weber Street and College Street, providing spacing and distance to the existing lower rise built forms to the west. The at -grade residential units have entrances from the street, contributing to an active streetscape. Further to the above, an Urban Design Report will be required as part of an OPA/ZBA application and is anticipated to remain a requirement of Site Plan Approval if an OPA/ZBA is ultimately not required. 15. D. 2.5e) cultural heritage resources, including Policy 15. D.2.8. A Cultural Heritage Evaluation Report (CHER) was prepared by MHBC in April 2023 to assess the heritage potential of the Site. The evaluation determined that while the property of 66 College Street contains a building that is representative of the Queen Anne architectural style, this property does not meet any other criteria and therefore does not warrant designation under the Ontario Heritage Act. The properties addressed as 60 College Street and 85 Weber Street West do not meet any of the legislated criteria. 15. D. 2.5f) technical considerations and other contextual or site specific factors. Based on the record of pre -submission consultation, a Planning Justification Report, Urban Design Report, Scoped Heritage Impact Assessment, Parking Justification Study, and Environmental and Stationary Noise Reports would be required as part of a complete application. As each of the SGA zones removes required parking, and as a CHER has been prepared, it is not anticipated that any technical considerations or site specific factors would prohibit achieving the additional height granted by the SGA -4 zone. Thank you for consideration of our request. I trust that the forgoing submission is sufficient to consider our request for consideration of the SGA -4 Zone with a Site-specific Special Provision to permit a reduction of the setbacks, as outlined in the attached zone chart. Please do not hesitate to contact me if you have any questions or require any additional information. Sincerely, GSP Group Inc. GSP Group 13 Page 281 of 592 w L4 Hugh Handy, MCIP, RPP Vice President Cc Clients GSP Group 14 Page 282 of 592 Zoning Compliance Table Provision (32 storey building) SGA -4 Proposed Minimum lot width 42 m 4 65 m Minimum lot area 2,000 sq m 2,493 sq m Minimum yard setback 3 m 2.5 m interior yard 16 m rear yard Minimum building base height 2 storeys NIA Maximum building base height 6 storeys 4-6 storeys Minimum fagade street openings 10% TBD Minimum street line facade openings 20% TBD Minimum front and exterior side yard setback 6 m 0 m Maximum building length 48 m 44 m Maximum floor plate area 900 sq m 760 sq m Physical separation 12 m 8.5 m Private amenity area 8 sq m 1 unit TBD GSP Group 15 Page 283 of 592 January 26, 2024 Office of Mayor and City Council Planning Division, 2t" Floor 200 King Street West Kitchener, ON N2G 4Y9 SHAPING GREAT COMMUNITIES File No. 22301 Attention: Chair Singh and Members of Planning & Strategic Committee Dear Chair Singh: Re: Growing Together Protected Major Transit Station Area Land Use & Zoning Framework Report No. DSD -2024-005 169 to 183 Victoria Street South On behalf of 1000002286 Ontario Ltd. and Legion Heights Victoria Inc., please accept the following commentary and response to the Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework (Report No. DSD -2024-005). This correspondence should be reviewed in conjunction with our correspondence dated November 30, 2023 (see attached) 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. acquired the properties at 169 to 183 Victoria Street South with the intent of providing for a medium -density residential development project, which initially included an 8 -storey apartment building with a total of 125 dwelling units along with underground parking. The proposed development was subject to Pre -Submission Consultation on April 12, 2023, at which it was determined that an application for Zoning By-law Amendment would be required to address a site-specific variances to the existing zoning, including setbacks, podium height and parking. The project consulting team is actively working on all required supporting studies and reports with the hopes of submitting a formal application for Zoning By-law Amendment in the near future. The property is proposed to be located within a Protected Major Transit Station Area in the Official Plan Amendment for the "Growing Together" initiative, which are areas intended to support transit through accommodating future growth and development through a mix of residential, office, institutional and commercial uses that provide for connectivity to various modes of transportation and have streetscapes and built forms that are pedestrian and transit friendly. The properties are proposed to be designated as Strategic Growth A in the Official Plan Amendment as part of Staff Report DSD -2024-005, which permits all forms of residential development as well as a range of non-residential uses that will support complete communities. Development within a Strategic Growth Area A will have a maximum building height of 8 storeys (with opportunities to increase building height to a maximum of 10 storeys through the implementing by-law, where PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 284 of 592 appropriate) and a minimum FSR of 0.6. The development concept has been further refined to include a 10 -storey tower with a total of 138 dwelling units, which is reflective of the objective and intent of the Strategic Growth Area A designation and policies. The properties are proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment as part of Staff Report DSD -2024-005, which permits a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0, no maximum FSR and no minimum parking requirement. In addition, the SGA -2 Zone requires a maximum building height of 20 metres for development within 15 metres of a low-rise residential zone, and a minimum rear yard setback of 7.5 metres for development abutting a low-rise residential zone. 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. supports the proposed Protected Maior Transit Station Area and Strategic Growth Area A designation as well as the proposed SGA -2: Mid Rise Growth Zone intended for the subject properties identified as part of Staff Report DSD -2024- 005. However, we continue to have concerns with the provision to limit building height to a maximum of 20.0 metres for development within 15.0 metres of a low-rise residential zone. The requirement to include podiums and building step backs on a mid-sized residential development project may have a very significant impact on building design and layout optimization, particularly on smaller or awkwardly shaped parcels of land. We believe that the potential impacts associated with building scale and size can be mitigated through appropriate building design considerations on a site -by -site basis rather than a standard requirement applied to all Protected Major Transit Station Areas. 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. believes that the Growing Together initiative is a positive, comprehensive policy and regulatory initiative undertaken by the City that will continue to encourage investment in transit station areas; they are generally supportive of the strategic policy and regulatory framework as proposed. We look forward to continuing to work and collaborate with staff as we move forward with redevelopment plans for the subject site. On behalf of 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. we respectfully request to be notified of all meetings, reports and decisions related to the Growing Together initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. Kristen Barisdale, MCIP, RPP Vice President, Planning cc. Nasir Salem, GSP Group 12 Page 285 of 592 January 26, 2024 Office of Mayor and City Council Planning Division, 2t" Floor 200 King Street West Kitchener, Ontario N2G 4Y9 SHAPING GREAT COMMUNITIES File No. 22263 Attention: Chair Singh and Members of Planning & Strategic Committee Dear Chair Singh: Re: Growing Together Protected Major Transit Station Area Land Use & Zoning Framework Report No. DSD -2024-005 924 to 944 King Street West On behalf of 1000100206 Ontario Inc. (924-938 & 944 King Street West) and 1000187534 Ontario Inc. (940 King Street West), please accept the following commentary and response to the Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework (Report No. DSD -2024-005). This correspondence should be reviewed in conjunction with our correspondence dated November 30, 2023, which has been appended to this letter for ease of reference. The properties are located on the north side of King Street, approximately 100 metres west of Grand River Hospital and associated iON Station. The property is currently occupied by a few small-scale commercial retail and office buildings. 1000100206 Ontario Inc. and 1000187534 Ontario Inc. acquired the above -noted properties with the intent of providing for a consolidated, comprehensive mixed-use, high density redevelopment project. Preliminary discussions occurred with City staff in February 2023 regarding the potential redevelopment of the consolidated site, at which time the City indicated support in principle for future mixed-use redevelopment. A formal Pre -Submission Meeting was held by the City on November 23, 2023 based on a preliminary concept that included a mixed-use, higher density development with ground floor commercial retail units and residential above. The preliminary development concept was purposefully designed to incorporate appropriate building setbacks and step backs from the existing low rise residential uses located on the north side of Dodd's Lane while taking advantage of the rear lane way access. The preliminary development concept included a 30 -storey tower with approximately 319 residential dwelling units as well as underground and podium parking. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 286 of 592 The property is to be located within a Protected Major Transit Station Area in the Official Plan Amendment associated with Staff Report DSD -2024-005 as the site is located approximately 100 metres northwest of the Grand River Hospital iON Station. The properties are proposed to be designated as Strategic Growth Area B in the Official Plan Amendment as part of Staff Report DSD -2024-005, which would accommodate a range of medium and high density residential housing types along with non-residential uses, such as commercial uses, personal services, offices, conference facilities, health-related offices, institutional uses and social service establishments with a maximum building height of 25 storeys, a minimum Floor Space Ratio (FSR) of 1.0 and no maximum FSR. Finally, the properties are proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment as part of Staff Report DSD -2024-005, which permits a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0 and no maximum FSR. As noted in our November 30, 2023 correspondence, 1000100206 Ontario Inc. and 1000187534 Ontario Inc. supports the proposed Protected Major Transit Station Area designation. We believe the subject properties represent an excellent opportunity for intensification proximate to the Grand River Hospital iON Station and can be redeveloped as a high-density, mixed-use project designed to be compatible with and sensitive to the existing low rise residential uses on the north side of Dodds Lane. Further to our November 30, 2023, 1000100206 Ontario Inc. and 1000187534 Ontario Inc. now supports the proposed Strategic Growth Area B designation. However, we continue to believe that the properties would be more appropriately zoned to permit mid to high-rise residential development that is compatible with and sensitive to surrounding land uses. We respectfully request that the properties be considered to be zoned SGA -3: High Rise (Limited) Growth Zone or SGA -4: Hiah Rise Growth Zone by Plannino & Strateaic Initiatives Committee. The subject properties are adjacent to existing low rise residential uses on the north side of Dodd's Lane, which will require attention to future building design in terms of massing, scale and privacy. However, we believe the preliminary design concepts reviewed by the City as part of Pre - Submission Consultation and further revised and appended to our November 30, 2023 demonstrate that the overall site can be designed to be compatible with and sensitive to the low-rise residential uses. Policy 15.D.2.5 of the proposed Official Plan Amendment for the Growing Together initiative allows for the consideration of site-specific applications for Zoning By-law Amendment through the consideration of a number of factors. The following provides a summary of the requirements of GSP Group 12 Page 287 of 592 proposed Policy 15.D.2.5 as well as commentary and justification for the properties to be zoned SGA -4: High Rise Growth Zone as requested. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) Compatibility with the planned function of the The properties are located within a Protected subject lands and adjacent lands Major Transit Station Area, which are areas intended to accommodate a significant portion of future growth and development. The properties are located approximately 100 metres northwest of the Grand River Hospital iON Station; future mixed-use, higher density development will assist the City in achieving the required density target of 160 residents and jobs per hectare identified for this area. A large portion of the area that surrounds the Grand River Transit iON Station is occupied by long-standing local business and a Regional trauma centre and hospital that are unlikely to be redeveloped or intensified in the short to medium-term, significantly impacting the ability to accommodate intensification in the Grand River Hospital iON Station Area. With very limited options for redevelopment along this portion of King Street, the subject properties provide an opportunity for transit - supportive intensification that can be designed to be compatible with and sensitive to surrounding land uses. We believe through building refinements and enhancements, the proposed development could be designed to be compatible with the surrounding uses and reasonably -scaled to provide for appropriate residential intensification proximate to the Grand River Hospital iON Station while adhering to the design objectives of the Strategic Growth Area C designation. b) Suitability of the lot for the proposed use and/or The properties are a consolidation of three (3) built -form legal parcels, which combined create an overall site area of approximately 3,100 square metres. The consolidation of the three GSP Group 13 Page 288 of 592 GSP Group 14 Page 289 of 592 (3) lots with access to both King Street and Dodds Lane allows for the redevelopment of a larger parcel with the ability to accommodate important design considerations along this area of King Street, including site access, building setbacks and steps, height and massing and compatibility. It is our opinion that it is the consolidation of the three (3) lots that makes the overall site suitable for the proposed redevelopment. c) Lot area and consolidation as further outlined in The proposed development concept includes Policy 3.C.2.11 the three (3) properties at 924 to 938 King Street, 940 King Street and 944 King Street. While the properties have not been formally consolidated and technically are owned by two separate legal entities (1000100206 Ontario Inc. and 1000187534 Ontario Inc), the entities are owned by the holding company Fallah Canadian Investment, and there under the same umbrella. Upon the consideration and approval of planning applications that would allow for high-density residential development, the properties will subsequently be merged on title. d) Compliance with the City's Urban Design Manual Urban Design Manual and Policy 11.C.1.34 The preliminary development concept submitted to the City in support of the Request for Pre -Submission Consultation took into consideration applicable policies of the City's Urban Design Manual, including those pertaining to tall buildings (former Tall Building Design Guidelines). The preliminary development concept includes a rear yard tower setback of 8.4 metres from the property rear property line. Coupled with the width of Dodds Lane, the development concept provides for approximately 14 metres of separation between the future tower and the rear lot line of the adjacent low rise residential uses (approximately 24 metres setback from the tower to the existing dwelling units). GSP Group 14 Page 289 of 592 GSP Group 15 Page 290 of 592 In addition, the proposed development includes 21.3 metres tower setbacks for both side yard property boundaries. Proposed Policy 11. C. 1.34 Policy 11. C. 1.34 indicates that new tall building development must have consideration for tall building design principles, including separation, overlook, height, floor plate area, tower placement, orientation and building proportions. The policy further states that the zoning by-law will provide for design regulations to mitigate environmental impacts, create high-quality design, ensure compatibility with surrounding low and mid -rise contexts and ensure the development of future adjacent or nearby buildings are not frustrated. It is our opinion that the development concept demonstrates the subject properties can be redeveloped with a very high degree of sensitivity to and compatibility with surrounding land uses, particularly the existing low rise residential uses on the north side of Dodds Lane. As noted above, the preliminary development concept incorporated a number of urban design guidelines and requirements with respect to tall building design; through further detailed design, we believe that these considerations can be further enhanced to meet the policy objectives of 11. C.1.34. Furthermore, we believe that the development concept creates an opportunity to provide for a high-quality design along King Street with commercial/retail uses at grade, appropriate podium heights and sufficient tower step backs, enhancing the streetscape and skyline alon this portion of King Street. e) Cultural heritage resources, including Policy Not applicable 15. D.2.8 It is our understanding that there are no Designated or Listed heritage resources proximate to the subject properties. GSP Group 15 Page 290 of 592 f) Technical considerations and other contextual or It is our expectation that all technical site specific factors considerations and requirements for a future planning application will be summarized as part of the formal Record of Pre -Submission Consultation. We expect that these technical studies will include but are not limited to a Traffic Impact Study and Parking Justification Report, Stationary and Traffic Noise Impact, Pedestrian Wind Assessment, Urban Design Brief and Planning Justification Report. 1000100206 Ontario Inc. and 1000187534 Ontario Inc. believes that the Growing Together initiative is a positive, comprehensive policy and regulatory initiative undertaken by the City that will continue to encourage investment in transit station areas; they are generally supportive of the strategic policy and regulatory framework as proposed. We look forward to continuing to working and collaborating with staff as we move forward with redevelopment plans for the subject site. On behalf of 1000100206 Ontario Inc. and 1000187534 Ontario Inc., thank you for your review of this commentary and further consideration of our request to zone the properties as SGA -3: High Rise (Limited) Growth Zone or SGA -4: High Rise Growth Zone. We respectfully request to be continued to be notified of all meetings, reports and decisions related to the Growing Together initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. Kristen Barisdale, MCIP, RPP Vice President, Planning cc. Fariborz Fallah, Ian Istvan, Pam Tolton, ABA GSP Group 16 Page 291 of 592 Mayor Berry Vrbanovic and Members of Council Kitchener City Hall 200 King St. W., 2nd floor Kitchener, ON N2G 4G7 ARCADIS Arcadis Professional Services (Canada) Inc. Date: January 24, 2024 Our Ref: 123367 Subject: Written Submission - Official Plan Amendment and Zoning By -Law Amendments (Growing Together, Inclusionary Zoning) 150 Strange Street, Kitchener Dear Mayor Vrbanovic and Members of Council, On behalf of our client, Park Street Parking Ltd., please accept this written submission in reference to the proposed Official Plan Amendments and Zoning By -Law Amendments arising from the "Growing Together" and "Inclusionary Zoning" studies. Our clients own the lands known municipally as 150 Strange Street, Kitchener. These lands are bound by Strange Street, Dominion Street, Park Street, and the rail corridor. While the current use of the lands is surface parking, these lands are well positioned to support intensification, including residential development. We have participated in the engagement for the "Growing Together" and "Inclusionary Zoning" studies on behalf of our client and have reviewed with our clients the final proposed Official Plan Amendments and Zoning By -Law Amendments in staff reports DSD -2024-005 and DSD -2024-029 along with the related appendices. Based on that review, we would like to advise you that our clients are supportive of the proposed "Growing Together" and "Inclusionary Zoning" Official Plan AmPndrnPnts and 7oninn By -1 aw AmPndmPnts, includinq as they apply to our client's land`. Further, and on behalf of our clients, we look forward to working with the City of Kitchener and the Region of Waterloo on the implementation of the proposed Inclusionary Zoning program as they apply to the subject lands. We would like to thank Council and city staff for the opportunity to participate in the process and request that the City of Kitchener and Region of Waterloo keep us apprised of the status of the proposed amendments and the implementation of the Inclusionary Zoning program. Page 292 6f2592 Mayor Berry Vrbanovic and Members of Council City of Kitchener January 24, 2024 Please contact our office if you have any questions or would like to discuss this matter further. Respectfully Submitted, ARCADIS PROFESSIONAL SERVICES (CANADA) INC. *n, Jeff HA. Planning Urban Planner J H/DS/baw )9 L ,ti-1.J4uA Douglas W. Stewart, RPP, MCIP Associate — Manager, Urban & Regional Planning cc: John Lowater, Park Street Parking Ltd. Rosa Bustamante, Director of Planning and Housing Policy, City of Kitchener Natalie Goss, Manager, Policy and Research, City of Kitchener www.arcadis.com 2/2 https://ibigroup.sharepoint.com/sites/Projects/123367/Project Documents/5.0_Correspondence/5.6_External_Agency/City/PTLvrbanovic_GrowingTogether_150StrangeSt.docx\2024-01- 24\l3W Page 293 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON •r+•N►♦�. P L A fel IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE March 1, 2024 arowingtogether(c)kitchen er.ca Attn : Natal -le Goss - Manager Policy & Research City of Kitchener Planning 5th floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Goss: RE: NEIGHBOURHOOD PLANNING REVIEW / SECONDARY PLANS AND ZONING IMPLEMENTATION / YORK STREET APARTMENTS 75 AND 81 YORK STREET AND 130 MT. HOPE STREET, KITCHENER OUR FILE Y5122E We are writing on behalf of our client, Sun Life Financial, owners of 75 and 81 York Street and 130 Mt. Hope Street (the subject lands) with respect to the above noted matter. This letter is being provided as a follow up to our previous submissions as well as our more recent meeting held on February 28, 2024. As staff are aware, we have been actively engaged in the Neighbourhood Planning Review / Growing Together process as it relates to the subject lands, with submissions dating back to 2019; attendance at various Growing Together workshops; and one -on -ane meetings with staff. As stated in earlier correspondence, our client is supportive of the Strategic Growth Area B designation and SGA -3 zonina that is proposed for the subject lands. Our remaining concern, as expressed throughout our submissions is the loss of "street townhouse" as a permitted use. The site currently contains three apartment buildings and surface parking. The apartments are long-term rentals and as such, redevelopment of is not likely to occur in the immediate future. However, there is an opportunity to intensify the site by incorporating additional units within areas currently used for parking. Street townhomes would be appropriate along the York Street and/or Mt. Hope Street frontage as additional uses beyond what is currently built on the site. This would allow for intensification on the site over the shorter term. Street townhomes typically require less land than other forms of multiple residential and are an appropriate form of housing to transition density from the surrounding low rise residential neighbourhood. We understand that Growing Together is a City-wide exercise and that site specific amendments are not being addressed. Notwithstanding, losing residential permissions on the property is something our client remains concerned about. As discussed, we believe there is merit in adding "Street Townhomes" globally to the SGA -3 zoning (as opposed to applying this only to the Sun Life properties) as there are multiple large blocks proposed to be zoned SGA -3 that could also use townhomes as a way to transition from low density to high density. We understand the City has concerns that by adding Street Townhomes to the SGA -3 zone, there is a risk that properties could be developed fully with townhomes, which is not the planned intent of the SGA -3 zone. While we believe this would be an unlikely scenario given land values, this could be addressed by providing street townhomes only in combination with other SGA -3 residential uses. In our opinion the attached redline would address our client's concern, while at the same time ensuring that the planned function of the SGA -3 areas is maintained. Thank you for your consideration, we look forward to reviewing the final staff report and associated zoning. Should you require anything further to support our request, please do not hesitate to contact the undersigned. Yours truly, MHBC Andrea Sinclair, MUDS, BES, MCIP, RPP 2 Page 295 of 592 SECTION 6 Page 1 of 14 SECTION 6 — Strategic Growth Area Zones (SGA) The Strategic Growth Area Zones apply to lands designated Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C in the City of Kitchener Official Plan. 6.1 APPLICABLE ZONES SGA -1: Low Rise Growth Zone — the purpose of this zone is to create opportunities for missing middle housing and compatible non-residential uses in low-rise forms up to 11 metres in height. This zone applies to lands designated Strategic Growth Area A in the City of Kitchener Official Plan. SGA -2: Mid Rise Growth Zone —the purpose of this zone is to create opportunities for moderate growth in mid -rise forms up to 8 storeys in height. The SGA -2 zone will permit a mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area A or Strategic Growth Area B in the City of Kitchener Official Plan. SGA -3: High Rise Growth Zone (Limited) — the purpose of this zone is to create opportunities for high-density growth in both mid and high-rise forms up to 25 storeys in height. The SGA -3 zone will permit a wide mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area B or Strategic Growth Area C in the City of Kitchener official Plan. SGA -4: High Rise Growth Zone — the purpose of this zone is to create opportunities for high- density growth in both mid and high-rise forms. The SGA -4 zone will permit a wide mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area C in the City of Kitchener Official Plan. 6.2 PERMITTED USES No person shall, within any Strategic Growth Area Zone use or permit the use of any lot or erect, alter or use any building or structure far any purpose other than those permitted uses within Table 6-1 below. Table 6-1. Permitted Uses within the Strategic Growth Area Zones Use SGA -1 I SGA -2 I SGA -3 I SGA -4 Residential Uses Dwelling unit ✓ J J J Hospice (1) Large residential care facility (1) J J J Lodging house (1) J ✓ J Multiple dwelling J J City of Kitchener Zoning By-law 2019-051 Page 296 of 592 SECTION 6 Page 2 of 14 Use SGA -1 SGA -2 SGA -3 SGA -4 Semi-detached dwelling (2) J J(3) (4) Single detached dwelling (2) J J(3) (4) Small residential care facility (1) ✓ J J Street townhouse dwelling (2) J /(3) (7) Home Occupations Nome occupation (5) (5) (5) (5) Community Uses Adult education school J J Community facility J J �' r Cultural facility J J Day care facility J J w � Elementary school i y Hospital y' Place of worship J J u Past -secondary school / Secondary school J Social service establishment J J v Commercial Uses Artisan's establishment ,/ ./ r Brewpub ./(6) ✓ Catering services establishment r v ✓ Commercial entertainment J v r Commercial parking facility J J Commercial school J J r v Conference, convention, or exhibition Facility r r City of Kitchener Zoning By-law 2019-051 Page 297 of 592 SECTION 6 Page 3 of 14 Use SGA -1 SGA -2 SGA -3 SGA -4 Craftsperson shop ✓ ✓ J Financial establishment ✓(6) J Fitness centre ✓ J r Health clinic ✓(6) / a Hotel V v J Light repair operation ✓ ✓ v ✓ Office ✓ J r Payday loan establishment ✓ r Pawn establishment ✓ r r Personal services ✓ ✓ r ✓ Pet services establishment ✓ J ✓ Print shop ✓ J ✓ r Restaurant ✓ Retail ✓ ✓ ✓ ✓ Veterinary services ✓(6) ✓ ✓ ✓ Creative Industry Uses Biotechnological establishment ✓ ✓ ✓ Computer, electronic, data processing or server establishment J J Creative products manufacturing ✓ ✓ ✓ Research and development establishment ✓ ✓ ✓ Additional Regulations for Permitted Uses Table 6-1 (1) Shall be in accordance with the regulations of the SGA zone and dwelling type in which the lodging house, hospice, or large or small residential care facility is located, (2) Up to 3 dwelling units shall be permitted on a lot containing a single detached dwelling, semi- detached dwelling unit, or street townhouse dwelling unit in accordance with the regulations for additional dwelling units (attached) and (detached) in Section 4.12.1.4.12.2, and 4.12.3. City of Kitchener Zoning By-law 2019-051 Page 298 of 592 SECTION 6 Page 4 of 14 Notwithstanding Section 4.12, no minimum lot width or lot area shall apply to additional dwelling units (attached) or (detached) in an SGA zone. (3) Shall only be permitted on a lot containing an existing single detached dwelling, semi- detached dwelling, or street townhouse dwelling. (4) New single detached dwellings and semi-detached dwellings shall not be permitted. Additions and alterations to existing dwellings shall be permitted in accordance with Section 6.3.1, including allowing up to 3 units on a lot. (5) Shall be permitted in accordance with Section 4.7 (Home Occupation). (6) Shall only be permitted on corner lots and shall only be permitted in the front and exterior side yard in accordance with Section 4.14.8.1. (7) Shall only permitted on a lot containing other uses permitted within the SGA -3 zone. 6.3 SGA -1 ZONE REGULATIONS 6.3.1 Sinigle Detached, Semi -Detached, and Street Townhouse Dwellinig Units a) Table 6-2 applies to single detached dwellings, semidetached dwelling units, and street townhouse dwelling units. b) The regulations within Table 6-2 shall not apply to existing buildings or structures. Table 6-2: Single Detached, Semi -Detached, and Street Townhouse Dwelling Units Regulation Single Detached Dwelling Semi -Detached Dwelling unit Street Townhouse Dwelling unit Minimum lot area 235m2 210m' 135m' Minimum lot width (internal unit) n/a n/a 5.5m Minimum lot width (external unit) n/a n/a 8.5m Minimum lot width 9.Om 7.5m n/a Minimum corner lot width 12.8m 12.Om 11.5m Minimum inferior side yard setback 1.2m 1.2m 2.5m Minimum front yard or exterior side yard setback 4.5m(1)(2) 4.5m(1)(2) 4.5m(1) Minimum rear yard setback 7.5m 7.5m 7.5m Maximum lot coverage 55%(3) 55%(3) 55%(3) Maximum building height 11.0m 11.0m 11.0m Maximum number of storeys 3 3 3 City of Kitchener Zoning By-law 2019-051 Page 299 of 592 4-0 u it W"66" MEME Imiu—ilil-l-I " w ■E®■ 1 ?:p, IwtPn 1� (1) -0 Lf) (1) L f6 6 C U as n � a) L O O C4� L 4J 0 i �a CL E L L C Q C7 7 M1j O + O LO Q + O+I O,` O +1 I 1-1 r -I a D N O O o Ln Ln 0 C -6'O C C O O C v m Q -d Q U4-1 Ln m [O c7 � U O N CL Ln C LO 0 c -I 4 - C = tC v jI [� LnO C o ~ m m t E O C 4- C � ra C o v T G U [ m a = R7 �A C C N w O ;G O O Cj E E O 0 c -I Q- CO X L +c (p L 4- f6 tU c6 Q ups Lin o � a ` _ 0 a o v 0 Cl) Lr) jrdd' *JI I 5 e s !� L en m g i 8 € a s 3 � o IYl IY 5 e s 3 !� L en m UAV 3 le 'is a 11 IN !� L le 'is a 11 IN d 47 fS3 CL to ®u 5 Yj ,■ M rc� in a St 47 fS3 5 Yj St � r 11 Y 17, f it �! r �J 73 C m v C 4-1 o nA o4-1 E O C U v C Vo QjQj 4 L � {� C � O C 73 yr C a v U L U_ � E o a — C O C U v L +d � a7 L ci i C C COO O C C v CO Ln E L � Q L t v QC � ❑.'C a V u 0- C v au O O U CL m u 2 O O 0 O O O O 0 0) O 0) d Cj O � I V) (n M 'CI C7 co (Y Z) O 4 Z4 -a a a ivpz ICE- E E E E E � E co LLa LL( n m C'v Lq n w n op m a Lna sn o w w �n rn r IV Q N RS N N -0 a N r N N r r r W-IN-4rr �e�rdreerr�tttrrt�g F r+� N n h w w � d Lf•1 L. 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Ln — a-- 0- a) v U r- 0 0 Is" 4000, COO LO .1000' u Ile 0 0 LL .000, 0 LL I 1 I I E 0 co / / 2 2 \\ �/ \ ° ° E L6 C:L E /� co \e _ cc / 7 z � ] \ m ru \ / \ \ \� F 2 e = u §4 - k CL E § \ E o e LL c / o 7 2 \/ \/ / / � •� & ¢ » { e tDLO ¥ � # k \ 2 / \ \ G E 2 ° ¢ E / / [ E 7 7 k,D $ +/ Ln4-1 2 ./ ƒ \� f� _ .\ 1 ° / ƒ / �J �y 2 = t 2 .2 § t ro # \ Q2 •/ \ .2 } ) § § .[ $ / � 3 ƒ 1 9° k ƒ�ƒ \ k' ra 2 / f / / g M CD Ln / k � E POUICORP F February 29, 2024 City of Kitchener - Planning Division 200 King Street West, 6' Floor PO Box 1118 Kitchener, ON N2G 4G7 Via email to planning applications@kitchener.ca Attention: Natalie Goss Manager, Policy and Research Reference: 70 Borden Ave South Growing Together, Zoning By-law Amendment Polocorp Inc has been retained by 1361821 Ontario Inc, owners of the parcel municipally described as 70 Borden Avenue South (the "Subject Lands"). The Subject Lands are generally rectangular in shape with 66 metres of frontage on Borden Ave. The total area is 0.82 hectares. The Subject Lands are located in Downtown Kitchener, southwest of the intersection of Charles Street and Borden Avenue and -110 metres from the Borden IDN Station. The property is occupied by a two low-rise industrial buildings, and surrounded by industrial uses. Schneider Creek is approximately 100 metres to the south. Given this, the lands are ideally situated for high-density redevelopment. The Subject Lands fall within the study area of two on-going studies within the City of Kitchener, the Growing Together Official Plan and Zoning By-law Review ("Growing Together"); and, the Schneider and Shoemaker Creek Naturalization Environmental Assessment ("Creek EA"). Per current GRCA mapping, the Subject Lands fall within the engineered flood plain and the mapping within each study reflects this. As a result, the Growing Together Study identifies the Subject Lands as Existing Use Floodplain (EUF-1). It should be noted, however, that the Creek EA will ultimately re -delineate the flood plain. Given the location of the Subject lands, it is anticipated that they will ultimately be removed from the engineered floodplain and, as such, are a prospective development site. As such, we request that staff identify the Subject Lands as Strategic Growth Area C (SGA -C) and Strategic Growth Area 4 {SGA -4} within the proposed amendments through the Growing Together Study. It is understand that no development can occur on the lands until the floodplain is delineated. Given this, a Holding Provision should be applied to the parcel until such time that the floodplain is confirmed. By applying the underlying designation and zoning to the parcel now, initial works can be undertaken with confidence so as to expedite the delivery of much-needed housing within an MTSA. Page 315 of 592 It should be noted that 50 Borden Ave, immediately north of the Subject Lands, is currently being contemplated for high-rise, high-density redevelopment. It should also be noted that the above request follows a similar request from adjacent landowners made through a delegation at the January 29, 2024 Committee meeting, Given their proximity, we trust that staff will give similar consideration to the Subject Lands and consider the block as a whole. With that said, should staff opt not to pre- emptively designate and zone the Subject Lands at this time, we understand that staff -initiated amendments will be undertaken, following the finalization of the Creek LA and floodplain. Similarly, we trust that the Subject Lands will be considered through this process. SGA -2r .1 11 Page 316 of 592 We trust that the information provided is sufficient to consider this request. Should you require any additional information, or wish to discuss further, please feel free to contact the undersigned. Sincerely, Polocorp Inc. Matthew WarzechCIP RPP Director of Develo ment and Planning CC: Marko Sandalj, 1361821 Ontario Inc Page 317 of 592 BENEFITS OF A HERITAGE CONSERVATION DISTRICT (HCD) General: • The essential benefit of heritage district designation under the Ontario Heritage Act (OHA) is to ensure that future developments, renovations, repairs, restorations and infrastructure are complementary to the character of the district. A clear and well -drafted HCD Plan can be an effective means to prevent demolition of significant buildings and to protect streetscapes by ensuring that new construction or renovations and other alterations are in keeping with the character of the area. • District designation is a method for owners to express pride in the heritage value of their properties and neighbourhoods, and for the community to protect and promote awareness of its local history. Importantly, heritage status provides a process to ensure that property changes respect the community's heritage values and are appropriately managed. Existential Climate Crisis and the Critical Role of Existing Buildings: • In the climate crisis, how do we make the case for retention of existing buildings? The argument confronts us with the climate change consequences in the form of carbon/greenhouse gas (GHG) emissions of destroying buildings.'- It runs something like this: ■ Destroying sound buildings to make way for new builds wastes resources (the materials and embodied energy in a structure, which stays locked up if destruction is avoided). ■ Demolition activity itself, including transporting the waste, takes energy and adds to carbon emission. ■ Most new construction is heavily concrete and steel reliant; the production of cement, the key ingredient in concrete, is one of the largest contributors of GHG emissions in the built environment. ■ Compared to new construction, building retrofit and reuse reduces climate change and environmental impacts by 4 to 46%, depending on type, location and assumed level of energy efficiency. ■ The greenest building is the one that already exists. The argument concludes: ■ Keeping, retrofitting (especially to increase energy efficiency) and reusing Ontario's buildings and integrating them into redevelopment is better for the planet than demolition and building new. Retaining and enhancing our existing building stock reduces carbon emissions and helps Ontario/Canada meet our climate change targets. • In addition, the emissions created by demolition of existing structures on a site and their replacement with new construction is very difficult to off -set. The Greenest Building Study (2012) z. found it would take between 10 and 80 years for a new highly energy efficient replacement building to offset: (i) the emissions created in its construction; and (ii) the destruction of the existing building. Economic Arguments: Page 318 of 592 • HCDs promote revitalization and stabilization of areas, which create more certainty and which, in turn, encourage investment. Investors prefer to put their funds to work where there is long term stability. Investors shy away from sketchy areas in decline unless they buy properties for a bargain when the area is undervalued and gamble on the area improving. Establishing an HCD in a declining area is a potential way to reverse the decline. With the steady increase in Ontario's population, there is enormous pressure for intensification even in HCDs. There is the potential, however, to use HCD Plans to control and shape the intensification so that, even though it occurs, it does not adversely impact the heritage elements in an HCD. If one of the main considerations for intensification is the construction of as many housing units as possible without defaulting to urban sprawl, HCDs may assist in mitigating any adverse effects so that such areas are still where residents want to live and work. There is a strong relationship between HCDs and cultural tourism. HCDs can be used both to encourage and manage tourism activity. Managing tourism is critical to ensure that the number of visitors does not overwhelm and destroy the character of a heritage area and interfere with the well-being of local citizens. When initially working on a proposed HCD, it is important to engage with citizens who live and work in the area under consideration. It is critical for the HCD Plan to specifically identify and address how to maintain a balance between local citizen well-being and cultural tourism. • In an established built-up district, development/construction activity may well take the form of repair and renovation rather than new construction. Revitalization of heritage properties creates more jobs than construction of new buildings.' • HCDs can be used to reduce realty taxes by instituting a heritage property tax relief program in accordance with the provisions of the Municipal Act, 2001, section 365.2. • HCDs often have municipal grant programs to assist property owners and tenants with appropriate maintenance, renovation and restoration of heritage properties. • Canadian and U.S. studies indicate that heritage district status tends to accelerate property value increases during periods of rising prices, and sustains values during recessions. There is no evidence that designation reduces the market value of heritage properties. For example, the results of a study by the Heritage Resources Centre, University of Waterloo titled "Heritage Conservation Districts Work! Phases 1 and 2" indicate that market value of properties in an HCD are not adversely affected by designation. The executive summary of Phase 2 includes the following conclusions: (i) "Real estate values in Heritage Conservation Districts generally rise more consistently than surrounding areas"; and (ii) "Residents' thoughts about real estate show an understanding of what is happening in their districts, and a majority thought the value increased". a. Community Building: • The first step in studying the potential establishment of an HCD is to involve the community and ask the community members if they support the undertaking of the study. Community support and interest are an essential part of the process. It is best if the process PA Page 319 of 592 is community driven; if instead it is driven by the municipality or an outside group the process should require working closely with the neighbourhood and responding to its concerns. Involving community members as volunteers in the process can add to these volunteers learning more about their own neighbourhood and may develop a personal interest in the outcome of the study — supporters of the study. Volunteers want the study to have a positive impact on their neighbourhood.'- If eighbourhood.s. If there is a broad range of community involvement, there is an opportunity to recognize diverse cultures in an HCD. For example, this could include the influences of new immigrants from different parts of the world and could also include the influences of Indigenous peoples prior to European settlement. Educating the Public: • HCDs based on careful historical research and evaluations promote the understanding and appreciation of an area's heritage values and attributes. This benefit is not only shared by property owners and tenants in the HCD but in the wider community and society. For example, tourists are drawn to HCDs. Also a successful HCD with its plan, policies and guidelines can be used as a precedent for developing an HCD elsewhere. • During the study and research phase of an HCD, there is opportunity for the community to develop an understanding and appreciation of the community's heritage resources and the strong relationship between patterns of activity, memory, and imagination and physical patterns of buildings, other structures, streetscapes, land forms and natural features. Heritage district designation allows these resources and relationships to be identified and protected.6 • HCDs increase the interest and expertise among residents in conservation technology, such as historic woodwork, paint, masonry, as well as metal work and others. This increases the market for highly skilled craftspersons and the need for training such craftspersons.' • Most people have busy day-to-day lives with little concern for and understanding of generational transitions (e.g. building techniques, building materials, cultural attitudes, religious beliefs, prejudices, historic events, etc.). HCDs, and the underpinning research, not only educate the public about generational transitions but provide a mechanism to preserve the understanding of these elements for further generations to come. Satisfaction of Residents and Business Owners: • Designation allows a community to recognize and commemorate what it values within an area, that contributes to its sense of place. It provides a process for sustaining these elements into the future. ' • Home owners, entrepreneurs, local government and property developers all appreciate the benefits of culturally vibrant and established urban and rural communities. An HCD contributes towards the development of a rich physical and cultural environment and the promise of continuity and stability into the future. Such places are able to embrace a wide variety of lifestyle options and economic activities while still maintaining physical continuity and social cohesion. These are often attractive areas for commercial, residential Page 320 of 592 and mixed-use investment. 9- e Research confirms that there is overwhelming satisfaction of residents and business owners located in HCDs.10- Desi2natin2 Multiple Properties: • In the face of the Bill 23 amendments to the OHA and the new two-year expiry of properties listed on the municipal heritage register, HCD designation may be considered as a potential way to deal with multiple listed properties in a defined area. This could be more efficient than attempting to designate individual properties under Part IV of the Ontario Heritage Act. To Maximize These Benefits, HCDs Require: HCD Plans with Clear Policies and Guidelines: • A successful HCD will likely have a well -drafted plan with clear policies and guidelines (including periodic updates): (i) to ensure the integrity and sustainability of the area's unique cultural resources; and (ii) to manage the impacts of cultural tourism, adaptive reuse of buildings, and ongoing development. HCDs are not intended to prohibit development but rather to ensure that any development is compatible with, and perhaps even complementary to, the existing identified heritage architecture and other attributes. When establishing an HCD Plan with its policies and guidelines, municipal decision makers must ensure that the HCD Plan does not impede growth potential and future benefits of the area, and takes into account economic considerations plus the larger municipal planning policy framework. Note that there are a number of older HCDs, particularly those predating the 2005 amendments to the OHA, that do not have robust HCD Plans with policies and guidelines; so, to provide the necessary integrity and sustainability of these HCDs, robust up-to-date plans with much specificity need to be drafted and implemented. As is the case with Official Plans and the Provincial Policy Statement, all HCD Plans should be reviewed and updated periodically, perhaps every ten years. • Official Plans and zoning bylaws do not adequately address adjacency and the compatibility of neighbouring buildings. HCDs address aesthetics and can provide detailed urban design guidelines. "The immediate benefit ... is a planning process that respects a community's history and identity.... It is one of the best ways to ensure that this identity is conserved. The adoption of an HCD plan as part of the designation process ensures that the community's heritage conservation objectives and stewardship will be respected during the decision-making process."" • Once an HCD Plan is adopted, its policies and objectives take precedence in the event of a conflict with existing municipal zoning and other by-laws that were in place before the designation of the district. l2. • An HCD Plan can include the embellishment of a neighbourhood's streetscapes with improvements such as tree replanting, custom streetlights and signs, and traffic calming E Page 321 of 592 • features. Also, landscapes such as public parks and other spaces in the neighbourhood can be improved with period landscaping, statuary and interpretive plaques. "- "HCDs and the process for the studies that create them could be applied much more broadly to neighbourhoods anywhere, commercial or residential. While based on the Ontario Heritage Act and specifically intended to protect significant heritage resources, it is worthwhile to consider how the process of heritage district analysis could form the basis for good planning and contribute to understanding and managing change within almost any built environment." 14. Efficiency and Consistency in Policy/Guideline Application: • Efficient and consistent handling of heritage permit applications and development proposals is critical so that property owners have a good understanding of what is required and what is likely to be approved. Any decisions need to be in accordance with the HCD Plan and its policies and guidelines, plus the provisions of the OHA and the Provincial Policy Statement. Pure NIMBY arguments should not be a factor. Having clarity and specificity in the HCD Plan is critical for the efficient and consistent handling of applications and proposals. Furthermore, proper training of municipal staff and volunteer members of municipal heritage committees is critical for this efficiency and consistency. Clear Communications and Challen2in2 of HCD Myths/Misconceptions: • There are a number of myths and misconceptions about HCDs which can be broken down by robust communication. Some of these are: ■ HCDs stop development. This is not the case. HCDs encourage and manage compatible development. HCD properties are frozen in time and cannot be changed. This is not the case. All properties require maintenance and repairs, so HCD properties are no different. The applications for HCD alterations or demolitions do not prohibit changes but rather are there to ensure that changes are compatible within the context of the HCD guidelines and policies. HCD's control alterations to the interior space in buildings. This is not the case as stipulated in Section 42(1) & (2.1) of the OHA. If, however, a property individually designated under Part IV of the OHA is located in an HCD, interior heritage attribute alterations on that property are controlled under the provisions of Part IV, Section 33(1). With that exception, heritage applications for the renovation or adaptive reuse of commercial and residential interiors are not required. This is critically important in commercial areas where retail spaces are frequently renovated or adaptively reused. HCD designation controls the type of use for designated properties. This is not the case. It is other instruments, such as Official Plans and zoning by-laws, that regulate use so that, for example, industrial, commercial, institutional, and residential uses are restricted to certain areas of a municipality. HCDs lower the market value ofproperties. This is not the case. In fact, studies provide evidence to the contrary (as already mentioned above under "Economic Arguments"). HCDs interfere with property rights. It is true that HCDs regulate changes to the exterior of buildings and landscapes but this is no different than regulations such as those in building codes, fire codes, property standard by-laws, conservation authority regulations and zoning by-laws. Don't forget that for the vast majority of properties in Ontario all 5 Page 322 of 592 ownership rights are subject to Crown prerogatives, such as expropriation. HCD properties are more expensive to insure. It is true that some insurance companies will not insure designated heritage properties or, alternatively, they will provide insurance but with a high premium to account for the potential replacement cost. There are, however, insurance companies that will insure designated heritage properties at reasonable rates. Also, education of insurance company actuaries is need so they understand that, if a designated heritage building is damaged, it is not a requirement under heritage legislation that the replacement is an exact replica, especially if the damage is catastrophic. For an HCD to operate successfully, property owners and business owners should be regularly informed of HCD matters via methods such as a website, podcasts, brochures, lectures and letters. Welcoming new owners by visiting them and providing them with a welcoming letter and HCD material, such as contact information, can help ensure that new owners are aware of HCD matters, especially requirements for alteration and demolition permits or development plans. Successful operation of an HCD also needs the involvement of dedicated and knowledgeable volunteers. In addition to an active and experienced municipal heritage committee, having an ongoing volunteer committee to manage HCD community communications can be very effective. Architectural Conservancy Ontario September 2023 1. Dan Schneider "In the Climate Crisis, How Do We Make the Case for Older Buildings?" PHA + M blog, University of Waterloo, Heritage Resources Centre, November 30, 2021 2. hUs://living-future.or /g/n-content/uploads/2022/05/The_Greenest_Building.pdf 3. Ontario Home Builders Association: "2021 Engine That Drives" https:11www.ohba.ca/2021-engine-that-drives 4. Heritage Resources Centre, University of Waterloo, Projects, Heritage Conservation Districts Work! — More Stories of Success, Heritage Conservation District Study Phase 2, Summary Report, December 2012, section 4.1 Conclusions, page 15 5. McClelland article in A Collection of Papers and Notes From Workshops held in 2003 and 2004 6. "Heritage Conservation Districts: A Guide to District Designation under the Ontario Heritage Act", part of the Ontario Heritage Tool Kit, page 8 7. Stephen Hamilton: "Checking Off the Boxes: https:11www.ohba.ca/checking-off-boxes 8. "Heritage Conservation Districts: A Guide to District Designation under the Ontario Heritage Act", part of the Ontario Heritage Tool Kit, page 8 9. "Heritage Conservation Districts: A Guide to District Designation under the Ontario Heritage Act", part of the Ontario Heritage Tool Kit, page 8 Page 323 of 592 10. Heritage Resources Centre, University of Waterloo, Projects, Heritage Conservation Districts Work! — More Stories of Success, Heritage Conservation District Study Phase 2, Summary Report, December 2012, section 4.1 Conclusions, page 15 11. "Heritage Conservation Districts: A Guide to District Designation under the Ontario Heritage Act", part of the Ontario Heritage Tool Kit, page 8 12. Ontario Heritage Act, Section 41.2 (1): `Despite any other general or special Act, if a heritage conservation district plan is in effect in a municipality, the council of the municipality shall not, (a) carry out any public work in the district that is contrary to the objectives set out in the plan; or (b) pass a by-law for any purpose that is contrary to the objectives set out in the plan. (2) In the event of a conflict between a heritage conservation district plan and a municipal by-law that affects the designated district, the plan prevails to the extent of the conflict, but in all other respects the by-law remains in full force." 13. "Heritage Conservation Districts: A Guide to District Designation under the Ontario Heritage Act", part of the Ontario Heritage Tool Kit, page 8 14. McClelland article in A Collection of Papers and Notes From Workshops in 2003/2004 7 Page 324 of 592 TO: Kitchener City Councillors and Mayor COPY. Growing Together Team DATE: February 24, 2024 SUBJECT: Growing Together— Low Rise adjacent to High 'Rise Zoning appreciate the work done by city planners on Growing Together and I understand the need for housing, particularly housing that is affordable and meets the needs of residents through missing -middle developments. As the planners and councillors continue to fine tune the proposal,) would request that attention be paid to areas of the city where SGA 4 zoning is adjacent to SGA 1 zoning. While SGA 4 zoning addresses the Growing aspect of the project is takes a sledgehammer to any pretense that Together is equally important to planners and council. I won't make points about floor space ratio, setbacks, step -backs, podium height, minimum landscape area, urban design guidelines, shadowing, heat islands, public greenspace, nor traffic. Fine tuning these aspects of SGA 4 zoning allowing a cluster of towers of unlimited height adjacent to SGA 1 zoning will not mitigate the consequences to the livability of the adjacent low rise residential properties. It's been suggested that strong visuals will help decision makers understand the impact of SGA 4 zoning adjacent to SGA 1 zoning, but this shouldn't be necessary. It shouldn't take much for you to recognize how this urban planning decision would affect your own property. It's a bleak exercise to take a few minutes to contemplate the changes you would experience if your backyard was adjacent to a cluster of towers of unlimited height. In case you do need a visual, consider the representation of a single SGA 4 development adjacent to low rise residential properties on Agnes Street in figure 1. Then consider five or more towers of this magnitude in you back yard. Figure 1. emu in SGA4 mm built to mm bL"V erwefope. (Do" notsnooant for door pkft rreductiarq.� til xm bulk to mfp� WHEELER 1111160 Page 325 of 592 The designation of SGA 4 zoning in the Walter, Agnes and Park Streets area is extensive. It surrounds the residential streets on two sides. The King Street corridor appears to be favoured in terms of limiting development to mid -rise zoning. SGA 2 and SGA 3 zoning has been proposed along King Street in mid- town and downtown Kitchener because the impact of SGA 4 on the character and micro - climate of the street is unacceptable. SGA 4 is equally unacceptable adjacent to low rise residential properties. I request that SGA 4 zoning adjacent to SGA 1 zoning not be permitted in Growing Together. Consider the importance of low rise residential streets to the fabric of mid -town and downtown Kitchener and make decisions that respects all property owners. Gwen Wheeler Kitchener, Ontario WHEELER Page 326 of 592 From: Kevin Stewart To: Adam Clark Cc: Maroaret Johnston Subject: Growing Together - Community Engagement Feb. 29th Date: Thursday, February 29, 2024 9:11:53 PM Adam This message is a follow up to my attendance Feb 29th. I certainly learned much from planning staff about this important project. In particular, I was pleased that the plan addresses a need that I have felt has been missed in planning communities. That is permitting businesses to operate in residential areas. As a child in Ontario, I recall in the +60's growing up on a street of mixed residential and commercial use, where for example an immigrant family moved into the house next door and started a sign awaking business. Since then zoning restrictions have created what I feel are often sterile homogeneous residential areas with little commercial diversity. Therefore I was very pleased to see that the proposal includes areas to be zoned to permit businesses within a residence. The costs of requiring separate residence and business spaces certainly creates barriers, especially to young entrepreneurs and immigrants. I have copied my Councillor Margaret Jolmston to advise her of my support. Kevin Stewart MEEE�� On Feb 12, 2424, at 5:29 PM, Growing Together (SM) <GrowingTogetherCmkitchener.ca> wrote: Good afternoon, Over the past 2 weeks, staff have been preparing an additional conversation with the community as a result of Council's deferral of Growing Together. This email provides the details of the additional drop-in session, which will be similar in format to those offered in November 2023. • Thursday February 29th from 3:30pm to 6:30pm in the Rotunda on the first floor of City Hall. Staff from the Growing Together team as well as additional planning staff with expertise in land use policies, zoning regulations, and cultural heritage will be available. The councillors forwards 9 and 10, Cllr. Debbie Chapman and Cllr. Stephanie Stretch, will also be in attendance. Through the Growing Together project, staff have had conversations with over 1,100 community members at 13 unique engagements spanning more than 72 hours. This additional engagement opportunity has been created to have further dialogue with the Page 327 of 592 community on the general theme areas related to matters raised through written and verbal delegations at the Planning and Strategic Initiatives Committee meeting on January 29th 2024. Those themes include: • How Growing Together works with Heritage Conservation District policies; • How built -form transition works where a low-rise zone abuts a mid -rise or high- rise zone; • The permissions and regulations in the SGA -1 zone; and • Lands outside of the Major Transit Station Areas within existing Secondary Plan Areas that are proposed to be zoned through this process. Thank you, and we look forward to continued community engagement on Growing Together. -Growing Together Team Page 328 of 592 From: Paul Heidebrecht To: Growing Together (5M) Subject: UWaterloo research report: "Whaes a park worth to the economy?' Date; Friday, February 9, 2024 11.46:27 AM You don't often get email fro As a resident of Kitchener, I would urge a closer integration of parks planning in your work. Please see this recent report from the University of Waterloo that highlights the social, environmental, and economic benefits of urban parks: htips://uwaterloo.ca/newslmedialwhats- park-worth-economy Page 329 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON �►+•N►♦�. P L A N IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE February 29, 2024 arowingtogether(c)kitchen er.ca Attn : Natal -le Goss - Manager Policy & Pesea rch City of Kitchener Planning Division, 6th floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Goss: RE GROWING TOGETHER / DRAFT OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS CANTIRO■ 45-53 COURTLAND AVE EAST, KITCHENER - OUR FILE 2144A We are writing on behalf of our client, Cantiro, with respect to the above noted matter. This letter has been prepared as a follow up to our earlier correspondence, dated December 5, 2023, and our recent meeting held on February 28, 2024. We appreciate staff's willingness to meet to consider our request. Cantiro has been actively working with the City of Kitchener towards the development of 45-53 Courtland Avenue East and in that regard went through an Official Plan Amendment and Zoning By- law Amendment process in order to obtain approvals for a six -storey condo building that, once constructed, helps the City in achieving more "missing middle" housing. The applications were submitted in lune of 2422 and the Amendments were ultimately approved by Council in March of 2023. Since the lands were first acquired by Cantiro, there has been a dramatic shift in the market. While the original intent was to develop the lands as a mid -rise (six storey) condo building, the project is no longer financially viable for that purpose. Cantiro is now looking to shift the project towards purpose built rental, but financial viability is still challenging with a rental product for the limited number of units that can be developed under the current height and density permissions. Through the City's "Growing Together" process, the subject lands are proposed to be designated Strategic Growth Area A and zoned Strategic Growth Area 2 (SGA -2). We are writing to confirm support of the proposed designation and zoning category for our client's lands. Further, we confirm that our client would like to waive the site specific regulations approved in March 2623 (saved and except for the Holding Provision) in favour of the new SGA -2 regulations. We believe the increased height permissions and reduced parking permissions proposed with the SGA -2 category will provide for the financial viability that will allow this project to proceed. It is our intent to still maintain the large rear yard setback established through the previous rezoning process, and in that regard we confirm that the rear yard setback will exceed the required rear yard under the SGA -2 regulations. Cantiro is actively working through the site plan approval process and wants to proceed with construction as soon as possible. Should Council support the Growing Together zoning on March 18, it would be our intent to submit a revised site plan concept compliant with the SGA -2 regulations in the immediate future. In summary, our formal request is that the City proceed with the proposed SGA -2 zoning for the Courtland lands, and that Site specific provision 173 be deleted. We further request that the subject lands be removed from Section 18.4 (Deemed to Comply) of the draft by-law as it is our intent to comply with the new SGA -2 zoning, not the previous 85-1 zoning. We once again thank staff for their support and consideration. MHBC Andrea Sinclair, MUDS, BES, MCIP, RPP Partner CC. Cantiro Project Team Garett Stevenson Brian Bateman Juliane von Westerholt 2 Page 331 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON �►+•N►♦�. P L A N IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE March 4, 2024 Ms. Natalie Goss Manager, Policy and Research City of Kitchener 200 King Street West, 6` Floor Kitchener, ON N2G 4G7 a rowi n gtog ethe r (cb kitche n e r. ca Dear Natalie: RE: Growing Together f Draft Official Plan Amendment and Zoning By-law Amendment YWCA Kitchener Waterloo, 84 Frederick Street, Kitchener OUR FILE 09144W We are writing on behalf of the YWCA Kitchener Waterloo ("YWKW'] with respect to the lands municipally known as 84 Frederick Street (the "subject lands"). On behalf of our client we have reviewed the City's recommended Official Plan and Zoning By-law Amendments prepared through the Growing Together initiative. The purpose of this letter is to provide comments on the proposed zoning for the subject lands. BACKGROUND The subject lands are located on the west side of Frederick Street, to the south of Weber Street and the north of Duke Street in downtown Kitchener. The subject lands have an area of 1,598 square metres and have 38 metres of frontage on Frederick Street. They are presently occupied by a three storey building owned and operated by YWKW. The subject lands are located in downtown Kitchener and are proximate to a range of uses, including residential, office, retail and commercial, and institutional uses. The subject lands are within a comfortable walking distance of a range of amenities including the Kitchener Public Library Main Branch, Waterloo Region Courthouse and Kitchener Market. The subject lands are located within an area that is weH served by public transit, including rapid transit and bus services, with the Frederick Street Ion (LRT) Station less than 200 metres to the south. Our client has been operating out of the 84 Frederick Street site for more than 194 years. However, the YWKW has plans to move operations from their current facilities to a new, modern location. The YWKW is in the process of acquiring a new site and it is anticipated that operations at the subject lands will cease in 2024. Given the location of the subject lands centrally within the Downtown, proximate to the Frederick Street Station and our client's plans to relocate their operations, the subject lands represent an excellent location for compact -transit supportive redevelopment and intensification. CURRENT LAND USE DESIGNATION AND ZONING REGULATIONS The subject lands are located within the City's Urban Growth Centre (Downtown) and are further located within a Major Transit Station Area in the City's Official Plan. The Official Plan provides that the Urban Growth Centre will be the primary area in the City for intensification and establishes a minimum density target of 225 people and jobs combined per hectare by 2031. The subject lands are designated City Centre District on Map 4 of the Official Plan. The City Centre District designation permits a broad range of uses including multiple residential uses. The City Centre District designation has a maximum FSR of 3.0 with additional density permitted through bonusing. The Official Plan strongly encourages bonusing within the Downtown and Major Transit Station Areas, however, it is noted that these policies were established prior to changes to Section 37 of the Planning Act. The subject lands are zone Official District Zone ("D-4") by the in -force Zoning By-law 85-1. The D-4 zone permits a broad range of uses and does not contain regulations related to height or density. PROPOSED "GROWING TOGETHER" LAND USE DESIGNATION & ZONING REGULATIONS Proposed Designation Through Growing Together, the subject lands are continue to be identified as within the Urban Growth Centre and a Protected Major Transit Station Area. They are proposed to be designated Strategic Growth Area C. Strategic Growth Area C also applies to all lands surrounding the subject lands. The Strategic Growth Area C designation is intended to accommodate significant intensification at a high density. The draft Official Plan Amendment provides that Strategic Growth Area C lands are generally located within Intensification Areas and/or represent significant intensification z Strategic Growth Area A Strategic Growth Area B Strategic Growth Area Cz • W c� Page 333 of 592 opportunities at higher densities. A range of uses are permitted within this designation including medium and high density housing. Section 15.x.2.53 of the draft Official Plan provides that lands designated Strategic Growth Area C may have no maximum building height and that the implementing zoning by-law may limit building heights, Our client is supportive of the designation proposed for subject lands proposed by the draft Official Plan Amendment as it reflects the location of the subject lands centrally within the Urban Growth Centre (downtown), within a Protected Major Transit Station Area. The subject lands are a good candidate for redevelopment and intensification given that the existing use will cease in the short term. Proposed Zoning The subject lands are proposed to be zoned Strategic Growth Area 3, ("SGA -3"): High Rise Growth Zone (Limited). The intent of the SGA -3 zone is to create opportunities for high-density growth in both mid and high-rise forms, up to 25 storeys in height. The SGA -3 zone is intended to permit a wide range of residential and non residential uses. We respectfully request that the zoning of the zoning by- law be revised from SGA -3 to SGA -4. Our reasons for this request are as follows: f The subject lands are located centrally within the 5GY1'rE ter. Urban Growth Centre and are within a Major Transit _ _ J2j" r Station Area. The draft Official Plan Amendment ,� oSR. Q proposes to designate the subject lands Strategic` a SGA -t sG,��`, _ Growth Area C. The subject lands are within an area �AreaOrm 'tI }. intended for high density and transit supportive =,rea _T ©VateyicGrowlh �� SGA -2 Art, Threate4c Growth l �Zf �GA development. Zoning the subject lands SGA -4 ygR� reflects the proposed Strategic Growth Area C land SGA•4StrologeGrcwh use designation which applies to the subject lands Area Four and all adjacent lands. Issues related to compatibility resulting from increased building height and density are not anticipated as lands to the south, west and east are proposed to be zoned SGA -4. The subject lands are immediately adjacent to other multiple residential developments, including the QTK condo site (39 storeys) and the Regency at 57 Queen Street (19 storeys). The Waterloo Region Courthouse is located to the east, on the east side of Fredrick Street. The subject lands represent an appropriate location for compact, dense, and transit oriented development as the lands are proximate to a range of existing transit routes, including LRT, with the Frederick Street Station being located less than 249 metres from the subject lands. The subject lands have a frontage of 38 metres on Frederick Street and a lot area of approximately 1,598 square metres, which satisfies the minimum lot width and area requirements of the SGA -3 and SGA -4 zone set out at Table 5-5. Should a development 3 Page 334 of 592 proposal be advanced for the subject lands, specific relief from the zoning by-law requirements may be addressed, if required, subject to the criteria set out at Section 15.D.2.5 of the draft Official Plan Amendment. Other technical considerations could be investigated through detailed planning applications, as appropriate. • There are no cultural heritage constraints on the subject lands that would limit the development of a high density residential or mixed-use building. • The subject lands are presently zoned D-4 which does not include any maximum height or density requirements. The proposed SGA -3 zoning represents a significant reduction to the maximum development potential of the subject lands. The proposed SGA -4 zoning more closely aligns with the in -force D-4 zoning. For these reasons, the SGA -4 zone is considered to be appropriate. SUMMARY In closing, we respectfully request that the SGA -4 zoning by extended to the north to include the subject lands. This would allow for the maximum redevelopment potential of the subject lands to be achieved. The subject lands represent an excellent opportunity for compact, transit -supportive intensification and redevelopment given the location and as plans are underway for the existing use to relocate from the subject lands, in the short term. We appreciate staff's consideration of this matter and would be pleased to discuss this letter with you at your convenience. Yours truly, s ■ ; Emily Elliott, BES, MCIP, RPP Partner cc. Jennifer Breaton 4 Page 335 of 592 From: North Waterloo Region Branch To: Growing Together (SM) Subject: Growing TogeUwr Plan Date: Monday, February 26, 2024 12:28:46 PM IYou don't often get email Dear Growing Together Team, The AC© North Waterloo Region Branch would like to arrange a meeting to discuss the impact of the Growing Together proposal on HCDs. The Growing Together proposal has what appear to be contradictory statements about zoning SGAZ and SGA3 inside HCDs. In January, our concerns were expressed at the Heritage Kitchener Advisory Committee and at the Planning and Strategic Initiatives Committee meetings. We have received no response from the Growing Together team other than a notice of a public meeting on January 29th. We have heard that there is no change anticipated in the zoning of the HCDs and that zoning for SGAZ and SGA3 will remain. This is despite the statement in the Community Guide to Growing Together about the Victoria Park and Civic Centre HCDs: The policies in these plans remain and take precedence over the new land use and zoning anywhere there is a conflict, though we have also worked to minimize any potential for conflict. How has conflict been minimized? Already at least one developer has put considerable time and money into proposing a 52 -storey building on the property on Joseph and Queen, where one building was allowed to deteriorate and so ensure demolition. The only reason such a massive high rise was proposed was because Growing Together identified the area as a "growth area" or SGA3. They were not satisfied with a 25 -storey building but proposed much more. HCDs are not, and can never be, growth areas; by definition, they are "preservation areas". We know from different examples that developers will buy properties, let them deteriorate in order to get a vacant property. The heritage districts are protected areas with specific guidelines as to what should be built inside them. A 52 -storey building can never be part of heritage. With only 2% of more than 65,000 properties in Kitchener being designated or in HCDs, there is plenty of room for development outside HCDs. We should not diminish the heritage value Page 336 of 592 that is inside them. In short, we are asking that the HCDs be excluded from the Growing Together recommendations on SGA2 and SGA3 in the Protected MTSAs. Sincerely, Marg Rowell, President Gail Pool, Communications Coordinator Architectural Conservancy of Ontario, North Waterloo Region Branch CC'. Debbie Chapman, Councillor Ward 9 Mayor Berry Vrbanovic Rosa Bustamante, Director of Planning u We acknowledge that the land on which we live was inhabited by the Haudenosauee, Anishinaabe and Attawandaron (Neutral) people before the arrival of Europeans. We recognize the enduring presence and deep traditional knowledge of the Indigenous people with whom we share this land today. This land was part of the Haldimaud Tract proclamation of 1784, which promised the Haudenosaunee land six miles on both sides of the Grand River from Lake Erie to its source. We also affirm our commitment to reconciliation in our community. Page 337 of 592 February 28, 2024 Requested Amendments to the Jan. 19, 2024 Growing Together Proposal Hal Jaeger 1. Zoning of lands outside the 7 Major Transit Station Areas be removed from implementation at this time. 2. Changes to commercial uses beyond `home occupations' in residential zones in Secondary Plan areas and separating distances between patios associated with commercial uses and residential zones be removed from implementation at this time. 3. Changes to separating distances between patios associated with commercial uses and residential zones be removed from implementation at this time. 4. If the above -two requests are not amenable, then I request that: a) In Table 6-1 (Permitted Uses within the Strategic Growth Area Zones), that a Brewpub, Financial Establishment, Health Clinic, Restaurant or Veterinary Service not be permitted in SGA -1 zones, in the Olde Berlin Town neighbourhood. b) That patios, decks, and outdoor recreation associated with a restaurant not be located within 20 metres of a low-rise residential zone or SGA -1 zone, in the Olde Berlin Town neighbourhood. c) That backlit, electronic or moving signs not be permitted in the SGA -1 zone and the interior of the Olde Berlin Town neighbourhood. d) That signs in an SGA -1 zone, in the Olde Berlin Town neighbourhood, be limited in size to no more than 0.75m2, and to a location on or within 0.5m of a building, with a maximum height no more than 1.5m above grade. 5. The Secondary plans not be repealed, but rather amended as needed, with further review to be completed through another exercise. 6. The insertion of the following policy into the Official Plan, after proposed Section 15.D.2.8: "Zoning permissions do not necessarily reflect heritage preservation requirements." 7. The adoption of proposed requirements for an "Unobstructed Walkway" from the Enabling Four Units Draft Amendment to Zoning Bylaw 2019-051: Unobstructed Walkway— means a path of travel providing access to a principal entrance of an additional dwelling unit (attached) or additional dwelling unit (detached) and shall be unencumbered by obstructions including but not limited to: stairs, decks and porches (except those which form part of the path of travel to the principal entrance), parking spaces, driveways, chimney breasts, window wells, balconies,- secure alconies,secure outdoor areas associated with pools; mechanical, heating, ventilation, air - Page 338 of 592 conditioning equipment and utility meters, or amenity structures such as playgrounds, garden trellises, pergolas, etc." 8. The revision of the following passages in Section 6.1 of the proposed Zoning Bylaw amendment, to include the bolded text. a) "SGA -2: Mid Rise Growth Zone — the purpose of this zone is to create opportunities for moderate growth in mid -rise forms up to the lesser of a) 8 storeys or b) 27.5m in height. The SGA -2 zone will permit a mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area A or Strategic Growth Area B in the City of Kitchener Official Plan. 9. In Table 6-4 (SGA -2) in the proposed Zoning Bylaw amendment, a) The revision of the value for "Maximum building height" to "the lesser of 8 storeys or 27.5m". b) The replacement of "For Storeys 7 and above" with "For the lesser of a) 7 storeys and above or b) heights in excess of 21 m". 10. The application of the SGA -3 (or, if necessary, SGA -4) built -form regulations to lands zoned INS -2, within the Growing Together Study Area. 11. The sunset clause (proposed zoning bylaw Section 18.5) provide for a 5 -year transition period for the expiry of approved developments and the list of properties in Section 18.4 be expanded to include 149-151 Ontario Street N & 21 Weber St W (C of A # A2019-050 / HPA-2023-IV-030) and any other approvals made by Council since Nov. 3, 2023. 12. Other Address -Specific Amendments (outlined in red on map below # Address Requested Change(s) 1 119 College St SGA -1 uses. 2 11 Margaret Ave/ SGA -2 uses. Match height limit to existing build. 100 Queen St N 3 30-40, 54 Margaret SGA -1 uses and a 21.116.5m height limit, in accordance with OMB Ave (even) ruling MM080017. The lands are at the outer boundary of the SGA and abut a low-rise residential area. 4 32 Weber St W Permit severance of the property along the line parallel to Roy St, 30 metres from the Roy St street line, if owner requests. No vehicular access to Roy St, whether consolidated with 41 and/or 51 Roy St or not, as per the Secondary Plan Special Policy 13.1.3(l). 5 35&37 Weber St W INS -2 uses with SGA -3 built -form regulations. 6 80 Young St SGA -3, for the first 50m south of Weber St W, or a site-specific provision to limit height to SGA -3 limit in the first 50m south of Weber St W to 50m, to limit shadow impact on the north side of Weber St W. Page 339 of 592 m General Rationale: 1. The community that reviewed the Growing Together project initially and found it did not address their immediate surroundings was not able to properly comprehend that the geographic scope of the work had been expanded at a later time. 2. The community that reviewed the Growing Together project initially did not comprehend that elimination of the Secondary Plans was under consideration. The Secondary Plans and the proposed terms for the Secondary Plans drafted through the Neighbourhood Planning Review address matters beyond the updated base land designations and zoning proposed via Growing Together. 3. The community that reviewed the Growing Together project initially could not have known that permitting more commercial uses in residential areas might be under discussion. 4. The community that reviewed the Growing Together project after release of the "Draft Approach to Growth and Change" still could not have envisioned the extent of commercial uses proposed for residential areas. 5. The proposed commercial uses in residential areas and the removal of a minimum separating distance requirement could lead to substantial increase in nuisance between neighbours and may not constitute an appropriate transition. This matter merits a more fulsome discussion at a neighbourhood (Secondary Plan) level. 6. The Growing Together project proposes zoning for properties that are subject to heritage preservation directives. The proposed zoning regulations do not, in all cases, reflect the heritage preservation requirements. It is only prudent and fair to fully notify current and future owners, Planning Staff and Councillors. Such notification may also reduce potential frictions. 7. An appropriate transition cannot be guaranteed via regulations of storeys. The relationship between built -forms is at issue and needs to be measured in a common unit — such as metres. The height in metres can be set so as to accommodate any desired flexibility. 8. The increased scope of the project, in terms of geographic area, commercial uses, and elimination of Secondary Plans, was not mandated by the Province for completion by this deadline and is not needed to meet the requirements of Bill 23, at this time. Staff did not receive formal Council direction to undertake this additional work in its decision of June 19, 2023. This work can be continued through the new OP review or other exercise. Some elements on which there is not universal agreement may be better handled the Secondary Plans. 9. The possibility of unlimited height and floor space, without built -form regulations, as is proposed for INS -2 zones, does not afford so much as a nod to an appropriate transition. It defies the overarching goals and objectives of the Growing Together project. The zoning category is, furthermore, an outlier among lands otherwise limited to the Strategic Growth Area designations and zoning. 10. The sunset clause addresses many developments that would benefit from the revised thinking on parking requirements and the absence of other regulations. The removal of one zoning bylaw component without commensurate adjustments can produce inappropriate transitions and other harms to the community. The 2019-051 sunset clause provided for a 3 - year transitional period. 5 years is substantially more generous. Page 341 of 592 r Michael Mor ienroth February 291r, 2024 To: Kitchener City Council Reference: Mid Town Station Area (MTSA), Agnes St. Re -zoning Dear Councilors and Mayor of Kitchener Five years ago, my family and I moved here to Agnes Street attracted by a tree -lined street with historic character. What we found is a livable space with walkable access to restaurants, schools, markets, places of worship and shopping, a place where owners take care of and invest in their hornes, where neighbors stop to chat, watch over each other's children and drive them to hockey practice, and even put on a theatre production in the local church. In short, the kind of neighborhood any city would envy Kitchener for. Ealy back fence is separated from the train tracks by the open grass of the OSC property that also separates us from the "Station Park" development where two concrete towers have exposed us to construction noise, dirt and traffic for several years now and three more of those monstrous towers are yet to be constructed before the project is complete. Developer profiteering led to small, expensive condominiums without community accessible spaces being designed that have been shown around the world to he prone to isolation inhabitants and causing social problems. The densification that is needed to ease pressures on our Green Baits could rather be implemented through blending in of in -lawn suits in existing residences, townhouses, multiplexes and walk-ups without elevator that would be more suitable and affordable for the average family. On the other hand, and predictably, a densification that blindly produces units in concrete towers according to the present draft plan will lead to a host of problems including any of frustration, disenfranchisement, legal and direct action by existing residents, exodus, abandonment and neglect during the transition time, i.e. the exact opposite of what exists and what would be desirable for a city with vision. Densification obviously needs spaces for people to breathe and meet, and the OSC property presents that opportunity as ones of the last large, open spaces in the area. Only it is presently available for the tower inhabitants to interact socially with residents of the neighborhood, and is de facto being used as a recreational space. Planners cannot be expected to provide the vision, they execute according to their instructions, Therefore, i emphatically ask you as my elected representatives to protect me and the neighborhood from an ill- conceived draft plan and reject it. Please send your planners back to the drafting board with a vision to create the plan that preserves a historic, walkable and livable space, which blends the needed densification into the existing fabric compatibly and that creates a new park and recreation center at the OSC property. Sincerely ;design w;jh in mind Page 342 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON .r+.N►��. P L A fel IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE March 1, 2024 growl ngtogether@kitchener.ca Attn : Natalie Goss - Manager Policy & Pesea rch City of Kitchener Planning Division, 6th floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Goss. RE: GROWING TOGETHER / DRAFT OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS KING AND ONTARIO STREET BLOCK, KITCHENER - OUR FILE 18297A I'm writing on behalf of our client, Tony Di Batista, who has significant land holdings within Downtown Kitchener, including a substantial portion of the block located east of "City Centre", between King Street West, Duke Street West and Ontario Street North (outlined in red below). BACKGROUND Site plan approval for construction of a 23 -storey residential apartment building has been received on the lands located at 45 Duke Street West. 45 Duke Street was permitted to develop with an FSR of 10.35. The design for 45 Duke Street West was planned to accommodate a future phase with a second tower to be located on the remainder of our clients landholdings within this block. In that regard, underground parking for 45 Duke Street West was designed with a knock -out wall intended to allow for the expansion of the parking to serve a second tower on the site. This was discussed in detail with City staff (Juliane von Westerholt and Sandro Basanese) during the site plan application process for 45 Duke Street. City staff comments on the parking level plans (see Attachment 1) reference both the knock out wall and Phase 2. A concept plan illustrating a second phase of development (a 37 storey tower) is enclosed as part of this submission and discussed in further detail herein (Attachment 2). CURRENT LAND USE DESIGNATION AND ZONING FRAMEWORK The subject lands are located within the Urban Growth Centre (Downtown) and are further located within a Major Transit Station Area. The subject lands are designated "City Centre District" on Map 4 of the Official Plan. The City Centre District lands use permits a range of uses including multiple residential with the predominant use along King Street intended to be ground floor retail and restaurants with residential, office or personal services on upper floors. The City Centre District designation permits a maximum FSR of 3.0, with the potential for additional FSR through bonusing. Official Plan policies (prepared prior to more recent changes to Section 37) strongly encouraged the used of bonusing by-laws within the Downtown and Major Transit Station Areas. The subject lands in their entirety are currently zoned Retail Core (D-1). The D-1 zone permits a full range of commercial, residential and employment uses. The D-1 zone has a maximum FSR permission of 2.0, with additional FSR permitted through zoning. As previously noted, the 2014 Official Plan strongly encouraged bonsuing within the Downtown, and it is reasonable to assume that additional FSR could have been achieved on the remainder of the subject lands through a Section 37 Agreement if that mechanism was still available. Absent updated Official Plan policies and zoning post changes to the Section 37 provisions, increases to height and density within the Downtown have proceeded by way of Official Plan Amendments and Zoning By-law Amendments. PROPOSED ""GROWING TOGETHER" LAND USE AND ZONING FRAMEWORK The subject lands are proposed to be split designated Strategic Growth Area B and Strategic Growth Area C with Strategic Growth Area B generally applied to King Street and Ontario Street properties and Strategic Growth Area C applying to 45 Duke Street. Similarly, the subject lands are proposed to be split zoned SGA -4 and SGA -2, with the SGA -4 zoning applying to 45 Duke Street West and the SGA -2 zoning applying to the Ontario Street and King Street properties. 2 Page 344 of 592 Above: Figure showing proposed "Strategic Growth Area B" and "Strategic Growth Area "C" land uses. REQUESTED AMENDMENT TO GROWING TOGETHER FRAMEWORK The Strategic Growth Area B designation and related SGA -2 zoning will undermine our client's plans for the second phase of the project (Tower 2), a phase which has been comprehensively planned for in the design of 45 Duke Street, and in particular in the design of underground parking for Duke Street (which was designed to expand to accommodate parking for a future tower). As such, we respectfully request that the City extend the extent of the Strategic Growth Area C designation and the SGA -4 zoning to generally include the "mid -block" properties within our client's landholdings. This would allow our client to proceed with a second tower on the site, while still maintaining the SGA -2 zone along the King Street frontage. Attachment 3 illustrates the proposed limit of the SGA -4 zone (with the same extent proposed for the corresponding Strategic Growth Area C designation). In support of this request ABA has prepared a concept plan illustrating a tower design that is fully compliant with the SGA -4 reaulations for a buildina up to 36 storeys in heiaht. In our opinion the ABA concept plan meets the test set out in Policy 15.D.2.5 for sites seeking a change to the Official Plan and/or Zoning By-law. Our response to policy 15.D.2.5 is as follows: Page 345 of 592 a) compatibillty with the planned function of the subject lands and adjacent lands, The subject lands and surrounding area are located within the Urban Growth Centre and Protected Major Transit Station Area, which is intended for transit supportive intensification. The subject lands are surrounded by higher density development including the approved tower at 45 Duke Street North, City Centre to the west, and an existing 13 storey building on the south side of King Street, southeast of the subject lands. Lands on the east side of Ontario Street are developed in part with a parking structure and surface parking lot. The surface parking lot is roughly aligned with the location of the proposed Phase 2 tower. The concept plans demonstrate that the tower can be designed in compliance with the physical separation guidelines, which will ensure appropriate tower separation between the proposed building and existing/proposed towers in the surrounding area. The subject lands are surrounded fully by lands proposed to be zoned SGA -2 or SGA -4, and do not abut any low rise residential zones. b) suitability of the lot for the proposed use and/or built -form; The podium and tower represented in the preliminary massing study meet the SGA -4 zoning regulations. This includes the proposed setback, tower length and tower separation regulations included in the draft zoning framework. c) lot area and consolidation as further outlined in Policy 3. C.2.11; The Phase 2 lands meet the minimum lot area requirements and lot consolidation is not required as the lands have already been assembled by our client. d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; The proposed extension of the SGA -4 zoning would allow for a compact, dense, transit -oriented form of development within the downtown and less than a block away from the ION LRT route on Duke Street. The preliminary massing study further demonstrates that the subject lands can support a point tower and podium form while meeting the regulations and guidelines, including tower separation, floor plate area, and tower placement. Specific compliance with the Urban Design Manual and Policy 11.C.1.34 would be analyzed through a future Site Plan Approval application, as appropriate. e) cultural heritage resources, including Policy 15.D.2.8; and, There are no cultural heritage constraints on the subject lands that would limit the development of a high-rise residential or mixed use building. The subject lands are adjacent to a designated property (48 Ontario Street), and in that regard an HIA was prepared in support of the 45 Duke Street development to assess the impact of the proposed tall building on this resource. The HIA ultimately supported the proposed development. In the preliminary concept plans the tower is proposed to be setback 12 metres from the 48 Ontario Street property. Through site specific applications an updated HIA would be required. t) technical considerations and other contextual or site specific factors. 4 Page 346 of 592 Other technical considerations would be investigated through detailed planning applications, as appropriate. Contextually, the proposal is appropriate. The lands have frontage on a public street and can be designed in compliance with all proposed zoning standards. The lands are further located within a primary intensification area; are separated from low-rise residential uses; and can be developed with appropriate tower separation from other existing and planned towers within the block. The proposed extension of the SGA -4 zoning and Strategic Growth Area C designation are generally aligned with the City Centre 2 tower, providing for a logical division between SGA -2 and SGA -4. In closing, we respectfully request that the Strategic Growth Area C designation and SGA - 4 zoning be further extended to the south as illustrated in the attached plans. This would allow for Phase 2 of our clients development to proceed as originally contemplated and discussed with City staff, while at the same time, preserving the SGA -2 zoning along the King Street interface. We appreciate staff's consideration of this matter. Yours truly, MHBC Andrea Sinclair, MUDS, BES, MCIP, RPP CC. Andrew Bousfie/d Tony Di Batista Dave Aston Page 347 of 592 Attachment 1 City Comments on 45 Duke Street Plan Referencing Phase 2 Development Page 348 of 592 A N LO 4-- 0 0') co a) C m to V-1 Attachment 2 Concept Plan Illustrating Compliance with SGA -4 Regulations Page 350 of 592 se zo 4aoa Nbld 2131SbW OI�Ib1N0'8 ONI� O zai-®wzON IO3rOtW 7: Om W8 PIIS IVI�V t- ---------------------------------------------------------------------------------------------------------0 -- LO M N m (6 133diS OldViNO 1 A.O , V o W T --- Ha N J 2N w° a ^ I I 0oI I 0 OZI :I ° 6 1 LD I I N f,j al O rl Y � j °E4 II I I o°°oa I I ' I NW x)e®3s I f o L } L - - - - - - �_— --- — — d tl } € C w w N N R N R N c N T N c C c }} C C �L C C> C C C c V }+ O 17 6p t a U-' E E E pl = .o 0 o m c c c c c r `c r c c C � C n .a l7 E a o 0 0 o N 0 e e c c c to W f- zz W W x 1/1 W Ov 0 0 1 N 9NIU11119 A3X 015 Z `JNI1S9%3 I � Ha N J 2N w° a ^ I I I :I I I o°°oa I I ' I NW x)e®3s I f o L } L - - - - - - �_— --- — — d tl } € C w w N N R N R N c N T N c C c }} C C �L C C> C C C c V }+ O 17 6p t a U-' E E E pl = .o 0 o m c c c c c r `c r c c C � C n .a l7 E a o 0 0 o N 0 e e c c c to W f- zz W W x 1/1 W Ov 0 0 1 N 9NIU11119 A3X 015 Z `JNI1S9%3 LU LU Ha N J 2N w° a ^ I I I :I LU LU Attachment 3 Plan Illustrating Proposed Extension of SGA -4 Zoning and Strategic Growth Area C Land Use Designation Page 352 of 592 N-,, zgo MR! V) ODW i WbJO IU3NOZ2l]H13O01ONIMONj6z,zo,i,zoz ■ OU on[ CN R W H N1" z`w ti v wW W Oe s .0, ��c� cn Nbld 2131SbW ORIb1N0'8 ONI� N U"IOVON1O3MO J aooz i Om WbJObla 3NOZ 2l]H13O01 ONIMONj6z,zo,t-zoz ■ OU on[ _ o6 oZ O ______________________________________________________________________________________i___________�___7__ V lf') M O) 01 (6 a / M / - ox \ / N N � I � O 4— „b q` / o w O H / / U LU °a / L' 4m w - a2 04 C� / r / D / E E / / CL dr Au#)entisign BE ASBC8ea2_3500-EE41 S-SMODD68151 Februrary 26, 2024 200 King Street W Kitchener, ON N2G 4G7 Re: Request for zoning enhancement for three adjacent properties located at: a) 648 King Street W, Kitchener, Kitchener, N2G 1E1, owner: Aditya (Ad) Tayal b) 12 Wellington St N, Kitchener, N2H 5J4, owner: A1em (Helen) Zeray c) 16 Wellington St N, Ki(chener, N2H 5J4, owner: Roy Cleeves Dear Growing Together Team: The purpose of this submission is to request consideration through the Growing Together initiative that the above -addressed properties be zoned Special Growth Area 3 (SGA -3) with provision for up to 25 storeys. The owners of the three properties are making the request jointly and are undersigned below. Per the correspondence received on February 12, 2024, we are writing to address the criteria for consideration of a change to the draft planning instruments. 1) Proof of lot ownership: Enclosed copies of latest property tax hills for the three lots. 2) Concept design: At the present moment we do not have a concept design ready, however, we request your consideration at this time to facilitate consolidation and intensification of the Site as further elucidated below. 3) Planning Justification addressing proposed Official flan policy 15.D.2.5: The subsections that follow provide a planning opinion for the six criteria of draft policy 15.D.2.5. 15.D.2.5a) compatibility with the planned function of the subject lands and adjacent lands The subject lands are located at the intersection of King Street West and Wellington Street North and lands at all other corners of the intersections are already proposed to be Strategic Growth Area 3 (SGA 3) or Strategic Growth Area 4 (SGA 4). The planned function of the Strategic Growth Area designations is to provide opportunities to accommodate intensification, including housing, that is 1 of Page 355 of 592 dw Authwd ip ID- AG8C8A82.35D6.9E1 146F"045BODM 161 transit -supportive in close proximity to ION rapid transit. We propose this change will serve this purpose, in addition to beautifying the skyline. 15.D.2.5b) suitability= of the lot for the proposed use and/or built -form. The Site is suitable for up to 25 storey tower development because it is so near to the Central ION station, which is located just south on King St W. It is in a core area, immediately across the street from Google offices and other high-rise developments. The Site has adequate existing services, including transit services, to support the use and no transportation improvements are required to accommodate the projected traffic increases from the proposed development. 15.D.2.5c) lot area and consolidation as further outlined in Policy 3.0.2.11. The Site is an assembly of three lots and has an area of 2,910 sq m, exceeding the lot area required for the SGA -3 Zone. Further, the proposed change will facilitate the consolidation of the three lots, a desired outcome of Policy 3.C.2.1 I to accommodate intensification. 15.D.2.5d) compliance with the City's Urban Design Manual and Policy 11.0.1.34. Any proposed design will fully comply with proscribed policies and will make the skyline more visually appealing as it is along the main corridor facing King St W. 15.D.2.5e) cultural heritage resources, including Policy 15.D.2.8. There is no conflict with the Heritage Conservation District Plan. 15.D.2.5fj technical considerations and other contextual or site specific factors. The Site is situated immediately across Google's new offices and very near to the Central ION station. It is at an intersection in which all other corners are designated SGA -3 or SGA -4. These contextual factors support the requested zoning change as requested herein. There is sufficient servicing to support the zoning requirements. The transportation network is adequate to support the proposed developpnent and there are no traffic improvements required. We thank you for your consideration. Please do not hesitate to contact us if you require any additional information. 7 AunwntluGk %� 02128/24 ffG� JV 2wK 02/28/24 C'00-1 (Ieeve!' 02/28/24 2 oft Page 356 of 592 From: Andrea Sinclair To: Growing Toaether (SM) : Natalie Goss: Adam Clark Cc: GarettStevenson; Nicolette van oyen Subject: Growing Together / 61 and 65 Roy street Date: Wednesday, March 6, 2024 2:58:36 PM Attachments: imaoe[nrl.uno lrnportance: High Good Afternoon, Nicolette and I were just approached this morning by our clients who own 61 and 65 Roy Street asking if they could add a 6th unit, or if this would require a new OPAJZBA. Under the existing framework development is limited to 5 units. We reviewed the Growing Together designatior and zoning (SGA -1) and believe through the Growing Together process our client would have the permissions to build six units (within a 3 storey building) without having to go through an amendment. We know this request is coming in at the 11th hour, but we will be submitting correspondence requesting that the site specific for these properties be waived (similar to our request for Courtland Avenue). We believe we can comply with the SGA -1 regulations and support this zoning for the subject lands. Nicoiette will submit a letter as soon as possible. If you want to discuss further we would be happy to meet with the Growing Together team, otherwise I think the request is fairly straight forward. Thank you, Andrea ANDREA SINCLAIR BES, MUDS, MCIP, RPP Partner �•r♦� PLANNING URBAN DESIGN & LANDSCAPE Y E .A a S MHBC ARCHITECTURE This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or otherwise exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, please advise us immediately and delete this email without reading, copying or forwarding it to anyone. Page 357 of 592 �KITCHENER ! WOODBRIDGE I LONDON 9 BARRIE I BURLINGTON PLANNING III URBAN DESIGN LANDSCAPE Y E A R s MHBC ARCHITECTURE March 4, 2024 Natalie Goss Manager, Policy & Research, Planning Division City of Kitchener 200 King Street W. N2G 4G7 Dear Ms. Goss, RE: Fallow -up Submission on Kitchener "Growing Together" 659-667 King Street and 48, 52-54 & 58-60 Walter Street OUR FILE: 1405 On behalf of our client, HTP Developments, thank you for meeting with us to review the request to Council to modify the block of lands located at 659-657 King Street and 48, 52-54 & 58-60 Walter Street (the subject lands), as follows: 1/ Designate the lands as Strategic Growth Area "C" and, 2] Zone the lands SGA -4 Please accept the following information to assist with the evaluation of the request: 1) Information on lot ownership is attached in the form of ownership and authorizations of lands identified in the submission; 2) A concept site plan is attached that demonstrates the general building footprint and tower design. The information on the site plan demonstrates compliance with zoning regulations for the SGA -4 Zone; and 3) Additional analysis and justification/information to address proposed Official Plan policy 15.D.2.5 is provided below. The following provides an analysis and justification/information to address Policy 15.D.2.5: a) compatibility with the planned function of the subject lands and adjacent lands; - The SGA -4 Zone would promote more dense development for transit supportive development in association with the LRT. The subject lands are within the `Central Station Area', which is one of the locations with the highest density permissions along the LRT. - Surrounding lands are identified for the SGA -4 zone. Surrounding lands have higher density permissions and higher density would be compatible on the subject lands. - The public consultation process identified the lands as a location for high-rise building. b) suitability of the lot for the proposed use and/or built -form; - Buildings can be designed to comply with the SG -4 Zone, as shown on the attached plan. c) lot area and consolidation as further outlined in Policy 3. C.2.11; - The subject lands are a large, consolidated block. No land assembly is required for redevelopment. The consolidated properties support the interest of comprehensive planning to achieve the best design for the site configuration, the provision of amenities and land use and design efficiency. d) compliance with the City's Urban Design Manual and Policy 11.C1.34; - Streetscape design supports safe and comfortable public use of the street; - The site can be developed to address the Urban Design Manual and not impact the potential development of adjacent lands. - The proposed site plan provides for consideration of tall building design principles including physical separation, overlook, relative height, floor plate area, building length, tower placement, orientation and building proportion. These details can be accommodated through design of the site in the Site Plan process. - The location of the lands, site area and configuration provides the opportunity for design compatibility with surrounding planned land uses (proposed as SGA -4) and the existing low rise uses that are in the area. The existing low rise area is adjacent to proposed SGA -4 areas and appropriate distance can address shadow and wind considerations. e) cultural heritage resources, including Policy 15.D.2.8; and, - The lands do not contain any cultural heritage resources and are not designated for institutional use. t) technical considerations and other contextual or site specific factors. - The existing MU -3 Zone represents the highest density zone and the request would maintain the current zoning intent that the subject lands be designed with the highest density and height permissions. - Building design would compliment the massing and scale associated with existing and planned surrounding development. 2 Page 359 of 592 We request City staff recommend the requested modifications to Council for consideration of the final amendment documents. Yours truly, MHBC David W. Aston, MSc, MCIP, RPP Vice -President C. Joel Doherty Page 360 of 592 §/§< /20 k �a\[/ I cq fR`k\ °2}25 - CD r, = = _._.� §5LLI— �§£\ Et( « 00,06— - �,§ I \{Ln 2 / L I CL ! $#cc �(0 k) k) (£ ___>_ CY) ILD ca Lr) u;kIN 1A ID il q 0 �) _ m �® \ « k\ _ /\ - §/ ]ƒ ) } / / -.—.—.—.--F I KING SI. m ; \ u § \7\ z /20 k \\\j\ I cq fR`k\ °2}25 _._.� §5LLI— �§£\ R « 00,06— �,§ I L I (00 �(0 Ln , il f 2 } / / \ \\ 2 /) Ei o } (\o }� (§ )¥o a_$8a2 ) j \ \j j )y CL =a2±§§ fa M� KING SI. m ; \ u § \7\ z /20 k \\\j\ I cq fR`k\ °2}25 _._.� §5LLI— �§£\ « 00,06— E ) } I *a k �0\ I _._.� §5LLI— <\\ \} kjk}f �,§ I L I *a k §\ §5LLI— *a March 5, 2024 Natalie Goss Manager, Policy & Research, Planning Division City of Kitchener 240 King Street W, N2G 4G7 RE: HIP Developments Inc. and MHBC Planning, Authorization for Representation 48 Walter Street, Kitchener, ON Edna Radtke and William a are are the current owiners of 48 Walter Street, Kitchener. We have entered into an Agreement of Purchase and Sale to sell the property to HIP Developments Inc. We hereby authorize HIP Developments and its planning consultant, MHBC Planning, to act as agents for the above noted property with respect,to the "Growing Together" Official Pian Amendment. Yours Truly, r Edna Radtke William Radtke Page 362 of 592 March 5, 2024 Natalie Goss Manager, Policy & Research, Planning Division City of Kitchener 200 King Street W. N2G 4G7 RE: HIP Developments Inc. and MHBC Planning — Authorization for Representation 58-60 Walter Street, Kitchener, ON Scott Matthews and Tracey Matthews are the current owners of 58-60 Walter Street, Kitchener. We hereby authorize HIP Developments and its planning consultant, MHBC Planning, to act as agents for the above noted property with respect to the "Growing Together" Official Plan Amendment. Yours Truly, K Lra s Tracey Matthews x ,&A 4r, Scott Matthews Page 363 of 592 March 5, 2024 Natalie Goss Manager, Policy & Research, Planning Division City of Kitchener 200 King Street W. N2G 4G7 RE: HIP Developments Inc. and MHBC Planning — Authorization for Representation 52-54 Walter Street, Kitchener, ON 2302843 Ontario Inc. is the current owner of 52-54 Walter Street, Kitchener. We have entered into an Agreement of Purchase and Sale to sell the property to NIP Developments Inc. We hereby authorize HIP Developments and its planning consultant, MHBC Planning, to act as agents for the above noted property with respect to the "Growing Together" Official Plan Amendment, Yours Truly, 2302843 Ontario Inc. Per: Name: William adtke Title: Cres(de4-(+ I have the authority to bind the Corporation Page 364 of 592 �KITCHENER ! WOODBRIDGE I LONDON 9 BARRIE I BURLINGTON PLANNING III URBAN DESIGN LANDSCAPE Y E A R s MHBC ARCHITECTURE Natalie Goss Manager, Policy & Research, Planning Division City of Kitchener 200 King Street W. N2G 4G7 Dear Ms. Goss, RE: Follow-up Submission on Kitchener "Growing Together", 300-400 King Street West OUR FILE: Y202AZ On behalf of our client, Hallman Construction Limited, thank you for meeting with us to review the request to Council to modify the block of lands located on the north side of King Street West, between Water Street North and Francis Street South (the subject lands), as follows: 1/ Designate the lands as Strategic Growth Area "C"; and, 2/ Zone the lands SGA -4. Please accept the following information to assist with the evaluation of the request: 1) Information on lot ownership is attached in the form of parcel abstracts. Please be advised that 2040799 Ontario Ltd is Hallman Construction Limited and the other parcels are owned with a partner. The entire block is generally treated as a `parcel'. Hallman Construction Limited is authorized to make the application on behalf of all owners/ partners; 2) An updated site plan design is attached that illustrates the general building footprint and tower design. The information on the site plan demonstrates compliance with zoning regulations for the SGA -4 Zone and the implementation of the priority streets regulations; and, the desired zone; and, 3) Additional analysis and justification/information to address proposed Official Plan policy 15.D.2.5 is provided below. The following provides an analysis and justification/information to address Policy 15.D.2.5: a) compatibility with the planned function of the subject lands and adjacent lands; - The SGA -4 Zone would promote more dense development for transit supportive development in association with the LRT and transit hub. The location will also support alternative transportation modes in the Downtown. - Surrounding lands have higher density permissions and higher density would be compatible - lands immediately to the north of this block on the opposite side Bell's Lane frontage on Duke Street have been assigned the SGA -4 zone lands. The subject lands are not adjacent to any low rise residential zones, and therefore have no land use compatibility concerns. b) suitability of the lot for the proposed use and/or built -form; - Buildings can be designed to comply with the SG -4 Zone — the block can be designed to accommodate the criteria of the SG -4 Zone. A pre -application meeting was held with City staff and minor technical comments were raised with the building design. - The proposed design is intended to support the desire to maintain the potential for King Street for public and pedestrian use for events or festivals. - The design provides for gateway features on the building at the podium level at the corner of Francis Street as a design element to the entry to the downtown. - The public square at approximately mid -block provides for a pedestrian connection from Bells Land through to King Street and also a public space that breaks up the building massing along King Street. c) lot area and consolidation as further outlined in Policy 3. C.2.11; - The subject lands are the largest consolidated block within DTK for intensification. - No land assembly is required for redevelopment. d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; - Streetscape design supports safe and comfortable public use of the street; - A high quality public realm is designed with interaction with the street through a use of mixed uses, public spaces and squares and opportunity to provide an active street frontage and, where possible, increase tree canopy within the boulevard; - Create active space along the boulevard with direct connections from the private development to the public realm for the commercial uses and for potential public squares and open spaces; - Provide for a pedestrian connection through the site that is aligned with pedestrian connectivity for lands to the south; and, - Establish creative building facades and intersection treatments through buildings and landscaping as gateway features and wayfinding areas. e) cultural heritage resources, including Policy 15.D.2.8; and, - The lands do not contain any cultural heritage resources. The Kaufman building on the opposite site of Francis Street is 6 storeys in height. The proposed podium is of similar 2 Page 366 of 592 scale to the existing Kaufman building. The proposed setback of the tower from the podium provides for an appropriate transition in scale and mass. t) technical considerations and other contextual or site snedfic factors. - Building design would support the continued use of King Street as a primary retail and events destination — the proposed ground floor commercial and retail uses in combination with the public realm considerations support the continued objective for the Downtown. - The proposed building design establishes a base/podium that ranges between 1-5 storeys to maintain massing that is supportive of the public realm in DTK and the setback of the towers from the podium and location of the towers with a large separation are intended to address concerns associated with a large continued building mass along the entire frontage of King Street. The design approach will minimize impacts of shadowing and wind on the sidewalk and the larger streetscape. In conclusion, the request would result in creating: - Transit supportive density with high quality design that supports the vision and objectives of DTK as a vibrant place with the a mix of uses to support peoples needs any day of the week; - Population and jobs to support a connect community in DTK through mix of commercial, office and residential uses; - Pedestrian friendly streetscape that supports an active King Street; and, - High quality design to continue to build on the successful City investment in DTK into the future. We request City staff recommend the requested modifications to Council for consideration of the final amendment documents. Yours truly, MHBC David W. Aston, MSc, MCIP, RPP Vice -President C. Paul Grespan, Jim Hallman, Jon McGinn 3 Page 367 of 592 1 mS ° HIM rz Im Hui R Emu .. 'aim* 4rytq WW� 1 � �� •fim y.,�w 1 1 I � I j j � -W _U)>(If FD W O W 0 Y c�a¢�� oz6azo u, (� Jcnzcn O F �w O�O�OZ � erg •, Q' AI/! NSI ..v Xx -lW 4 s 11 1 �r LL =Mom MJW I p ANEW"lok * Y � �— W,ffiaw Immmod f S I'S F I a� y L A�" f MEE= M�Lj5fwf 9 s N r -T'W- z r i �• 4id d ! I s -4 ,1 SII IIM �: •I Ib 11 •I,. II10 1 i.�14 k Ff1i+'+ ' a! IS i lu ,ill ; �, i'•i"� � -, �, +Jil. f 'L•., i� Epi 1 n Iiu jj bilitl I 11 Y it � u `! wu t I I cl 11!4 r e'o .a. II f. 11 Ili 1111. II `i i trl� n .Li i 19 ellhl '� i I � •. � � �� .� M �y II M.�I � l ` 4 � ;!I AW 91 1 � � '� 1 r From: Debbie Chapman To: DAVID SCHNELL Cc: Adam CI r Subject: Re: zoning changes re: 393 & 395 Ottawa St.S. Date: Saturday, February 17, 2024 5:34:27 PM Attachments: imaoe(Ml.uno imaoef 1112. p no image0113.pno imaoe004.pno imaoe005xno imaoe 06.)na imaae0(17.Pno imaoe0(2.pno image.009.pno Hi David, Thank you for reaching out with this request. I am copying Adam Clark on this message as he is leading this project. I am sure he will work through this with you. Debbie Chapman, PhD Subscribe to monthly newsletter here: httns://bit.ly13NMIDTe Councillor, Ward 9 1 City of Kitchener 0: 519-741-2200 ext_ 2798 C: 726-752-7104 Debbie.ChaDmanPkitchener.ca GNUI M G M_ 00 Customers can now connect with the City of Kitchener anytime by calling the 24/7 Corporate Contact Centre at 519-741-2345 112=1i0ltEW I I Mi1:I►lL 1:111 Date: Sunday, February 11, 2024 at 2:50 PM To: Debbie Chapman <Debbie.Chapman@kitchener.ca> Subject: zoning changes re: 393 & 395 Ottawa St.S. You don't often tet email ft'om . Learn R"hY this Is Important Dear Councillor Chapman, My wife and I own the properties at 393 and 395 Ottawa St. S. in Kitchener. They are scheduled to be re -zoned to "SGA -3". We watched the live -stream on January 29 and were impressed by your skill as Chair of the Hearing. Since the decision to approve the new zoning has been delayed, I writing to you to request your advocacy, as we feel it would be very beneficial to the community to have the area re -zoned instead to "SGA -4". My wife and I have lived at 395 Ottawa St. S. since we purchased the property in 1988 with my parents. We made an application to build an addition onto the property and duplex the house. The property was 284' deep and the zoning had just been changed to M-2, which also allowed us to build a 23' x 60' workshop on the property. Around that time, my father Page 377 of 592 Art and I created a business named 'Art's Countertops', which has served the community for nearly 40 years and is still active on the property today. In 1996 we purchased the rear portion of 397 Ottawa St. S. to allow for more parking and the possibility to expand. In 2001 we added another 40' x 40' portion to our shop on this land, which was merged into 395 Ottawa St. Finally, in 2010, we purchased the home at 393 Ottawa St. S. and renovated it. My son currently lives there with his wife and three kids. He also works at Arts Countertops. I attended a couple of the "Growing Together" meetings and understand there is hope that this area will grow in culture, livelihood and help address Kitchener's housing problems. I believe the various changes we've made to these properties have now created an excellent opportunity for a dense and vibrant community to grow in their place. We can really see the potential for sprawling high rises, rooftop gardens, and diverse commerce within the bottom levels. The properties are located within 100m of the Mill St. Light Rail Transit stop and, as you know, are also close to a Highway 7/8 access point. The proximity of the Concordia club also invites Oktoberfest- based events. It is our belief that the more flexible "SGA -4" zoning is much more appropriate for properties of this size and considering the City's plans. These two properties are not like the typical residential properties on Ottawa St. S. They are at least 2.5x deeper and, importantly, are adjacent to other "SGA -4" zoned properties which comprise most of the rest of the surrounding area. The homes on our street will likely not be around in another 10 years as most have been rented or left in some disrepair. My wife and I plan to sell our properties to a developer to fund our retirement once the re- zoning is official. We have already done the phase 1 environmental on both properties. I understand that the deadline for re -zoning requests has already passed. Over the last two years my health has deteriorated significantly, which has contributed to the delay in me sending this letter. Due to slugging countertops for over 30 years, I tore my bicep tendon and have a torn rotator cuff. I have been living with pain for many years and recently developed a stomach ulcer. I have also been suffering with depression since 2000 and these health conditions just exacerbated the situation. On December 12, 2023 I was able to have surgery on my shoulder and it has been getting better weekly — but has kept me laid up. Since the decision to approve the new zoning has been delayed, I felt you could be an advocate for my moving forward in this matter. Thank you for your time and consideration. David Schnell Page 378 of 592 GROWING TOGETHER Final Draft Framework Comments I strongly disagree with altering existing low-rise residential zoning to the proposed SGA1, and would like to start by asking if the Province has specifically directed that Municipalities designate low-rise residential to be zoned SGA1 (or something similar) in Major Transit Station Areas, or is this the City interpreting Provincial policy to intensify these MTSAs by zoning the existing low-rise residential neighbourhoods as SGA1? I could not see any evidence within the amended Planning Act that specifically requires the City to place this type of zoning within low-rise neighbourhoods, only that the definition of "development" does not include construction of buildings with ten (10) units or fewer. Why has the City moved forward with this specific zoning change within these existing neighbourhoods, including some that have cultural heritage value, when there is ample space for infill development along the major corridors of the MTSAs including King St., Victoria St., Ottawa St., Frederick St., and Weber St. My greatest concern with the proposed SGA1 zoning is that it allows for the dismantling of established neighbourhoods by degrading the character of these places as multi -unit buildings sporadically replace older homes because developers can make more money by building cheap, unattractive structures with up to ten (10) units. I understand there is a housing issue in this City and across the country, and it is not fair to prevent the construction of homes within the City; however, character does mean something in City building. The character of a neighbourhood includes the aesthetics, as well as the feeling a person has being, and living in said community; the history of a place; feeling safe; being comfortable in your home and on your streets. The character of a place is what drives people to want to live there, to raise families there. The character of a place can drive economic development, insert knowledge and skills into the local workforce, create a sense of home and pride in place for residents. Conversely, the poor character of a place can drive residents away, can remove knowledge and skills from the workforce as residents leave, and destroys the pride residents feel about a city. If multi -unit residential buildings and services are permitted haphazardly throughout existing neighbourhoods, you are condemning these neighbourhoods to death by a thousand cuts. As more minor variances are permitted, they set precedents allowing further intensification and development that may not meet the original intent of the City in their zoning and policies. I would ask that the City remove the SGA1 zoning entirely from these existing residential neighbourhoods, and only allow multi -unit residential infill developments along the larger roadways within the MTSA areas. Having said that, I have six (6) comments related the SGA1 zoning with the assumption that these zoning changes are imminent and will not be altered based on community concerns. 1. Within the amended Planning Act, there are provisions for the City to enact Site Plan Control Areas either through by-law or the appointment of an Authorized Person. While the amended Planning Act removes the ability of the City to control many aspects of the design of the building including the interior design, exterior design, interior layout and manner of construction; it does not prevent the City from using other planning tools to control what is developed within established neighbourhoods. Some of these tools could include establishing greater setbacks for buildings with more than three (3) units, building height restrictions - specifically including penthouse suites and mechanical/operational equipment within these maximum heights. I would ask that the City designate site plan control areas within these neighbourhoods, and look into the tools available to keep these neighbourhoods unique, beautiful and liveable. 2. There are currently no mechanisms within the City to direct that these units be designated as rentals or condos, that any units be made to a certain standard or size (family vs. studio), nor that they be made affordable/attainable. There are also currently no mechanisms for the City to Page 379 of 592 control the design or aesthetics of these proposed infill developments as the City's urban design requirements can not be applied to developments of the size allowable within the SGA1 zoning. As such, I would like to see the City develop architectural templates for developments within these areas to ensure that the infill buildings are compatible with the neighbouring scale, form, and general aesthetics; as well as designing floor plans that can provide the type of housing needed most for their respective neighbourhood. It has been less than a year since the implementation of a proposal to allow up to four residential units on any low-rise residential property provided lot size is sufficient — allowing basement apartments, as well as backyard homes or units. And now the City is jumping ahead to allow up to 10 units on these same single-family residential lots if the frontage and square footage is sufficient. I would request that the City delay the implementation of the SGA1 zoning until it can be determined if the previous proposal for gentle intensification has an impact on the "missing middle" housing in the selected neighbourhoods. 4. The City is powerless to prevent developers from taking rejected claims for minor variance to the Ontario Land Tribunal (OLT) —which is (in)famously pro -developer — where proposed infill developments could be expanded beyond what the SGA1 zoning allows. The City has previously rejected minor variances for select developments, and yet has abandoned local residents to appeal these unacceptable developments at the OLT. With a lack of resources, knowledge of the process, and overall expert opinions to counter developer claims of minor variance, these challenges almost exclusively are decided in favour of the developer. I would like to see a binding policy implemented by the City where if City staff and the Committee of Adjustment unanimously reject claims for minor variance and/or zoning bylaw amendments that the City would automatically initiate an appeal at the OLT. Having the full weight of the City's resources in any appeal would certainly be a deterrent for most developers looking to take advantage of a developer -friendly environment to increase heights, reduce minimum offsets, increase building footprint, and generally decrease the compatibility of the proposed development within the existing neighbourhood. 5. Another concern with this strategy is with the lack of thought towards the provision of additional greenspace within these existing neighbourhoods. Please refer to the internal document "Places and Spaces" strategy to give a better idea of the parkland deficit in many of the neighbourhoods shown — specifically the King East neighbourhood. This is one of the most underserved areas of the City with no public green space within its boundaries, and with each successive development application — see 926 King St. E., 321-325 Courtland Ave. E. (the former Schneider property on Courtland), 1001 King St. E., 169 Borden Ave. N., etc. there is less and less green space provided, and fewer opportunities for the City to establish any substantive network of greenspace. Adding additional residential units within the fabric of these neighbourhoods only exacerbates the lack of green space for local residents and their families. 6. There are numerous instances in the City's Official Plan that reference the City's responsibility to evaluate appropriateness of development, as well as provide the public with opportunities to become involved in the processes and implementation of the Official Plan — Section 1.A.1., Section 1.A.4, Section 17.E.3., etc. To date, the City of Kitchener has initiated some public consultation; however, two of the ward councillors impacted by these changes were not present or available to their constituents to answer questions and provide guidance throughout portions or the entirety of the public engagement process. As these changes to the zoning are significant and have far reaching impacts now and into the future, I would like to request an extension for the public consultation process until such time as these two ward councillors have familiarized themselves with the proposed changes and are able to respond to their constituents' concerns. Page 380 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON �►+•N►♦�. P L A N IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE March 4, 2024 Ms. Natalie Goss Manager, Policy and Research City of Kitchener 200 King Street West, 6` Floor Kitchener, ON N2G 4G7 a rowi n gtog ethe r (cb kitche n e r. ca Dear Natalie: RE: Growing Together f Draft Official Plan Amendment and Zoning By-law Amendment YWCA Kitchener Waterloo, 84 Frederick Street, Kitchener OUR FILE 09144W We are writing on behalf of the YWCA Kitchener Waterloo ("YWKW'] with respect to the lands municipally known as 84 Frederick Street (the "subject lands"). On behalf of our client we have reviewed the City's recommended Official Plan and Zoning By-law Amendments prepared through the Growing Together initiative. The purpose of this letter is to provide comments on the proposed zoning for the subject lands. BACKGROUND The subject lands are located on the west side of Frederick Street, to the south of Weber Street and the north of Duke Street in downtown Kitchener. The subject lands have an area of 1,598 square metres and have 38 metres of frontage on Frederick Street. They are presently occupied by a three storey building owned and operated by YWKW. The subject lands are located in downtown Kitchener and are proximate to a range of uses, including residential, office, retail and commercial, and institutional uses. The subject lands are within a comfortable walking distance of a range of amenities including the Kitchener Public Library Main Branch, Waterloo Region Courthouse and Kitchener Market. The subject lands are located within an area that is weH served by public transit, including rapid transit and bus services, with the Frederick Street Ion (LRT) Station less than 200 metres to the south. Our client has been operating out of the 84 Frederick Street site for more than 194 years. However, the YWKW has plans to move operations from their current facilities to a new, modern location. The YWKW is in the process of acquiring a new site and it is anticipated that operations at the subject lands will cease in 2024. Given the location of the subject lands centrally within the Downtown, proximate to the Frederick Street Station and our client's plans to relocate their operations, the subject lands represent an excellent location for compact -transit supportive redevelopment and intensification. CURRENT LAND USE DESIGNATION AND ZONING REGULATIONS The subject lands are located within the City's Urban Growth Centre (Downtown) and are further located within a Major Transit Station Area in the City's Official Plan. The Official Plan provides that the Urban Growth Centre will be the primary area in the City for intensification and establishes a minimum density target of 225 people and jobs combined per hectare by 2031. The subject lands are designated City Centre District on Map 4 of the Official Plan. The City Centre District designation permits a broad range of uses including multiple residential uses. The City Centre District designation has a maximum FSR of 3.0 with additional density permitted through bonusing. The Official Plan strongly encourages bonusing within the Downtown and Major Transit Station Areas, however, it is noted that these policies were established prior to changes to Section 37 of the Planning Act. The subject lands are zone Official District Zone ("D-4") by the in -force Zoning By-law 85-1. The D-4 zone permits a broad range of uses and does not contain regulations related to height or density. PROPOSED "GROWING TOGETHER" LAND USE DESIGNATION & ZONING REGULATIONS Proposed Designation Through Growing Together, the subject lands are continue to be identified as within the Urban Growth Centre and a Protected Major Transit Station Area. They are proposed to be designated Strategic Growth Area C. Strategic Growth Area C also applies to all lands surrounding the subject lands. The Strategic Growth Area C designation is intended to accommodate significant intensification at a high density. The draft Official Plan Amendment provides that Strategic Growth Area C lands are generally located within Intensification Areas and/or represent significant intensification z Strategic Growth Area A Strategic Growth Area B Strategic Growth Area Cz • W c� Page 382 of 592 opportunities at higher densities. A range of uses are permitted within this designation including medium and high density housing. Section 15.x.2.53 of the draft Official Plan provides that lands designated Strategic Growth Area C may have no maximum building height and that the implementing zoning by-law may limit building heights, Our client is supportive of the designation proposed for subject lands proposed by the draft Official Plan Amendment as it reflects the location of the subject lands centrally within the Urban Growth Centre (downtown), within a Protected Major Transit Station Area. The subject lands are a good candidate for redevelopment and intensification given that the existing use will cease in the short term. Proposed Zoning The subject lands are proposed to be zoned Strategic Growth Area 3, ("SGA -3"): High Rise Growth Zone (Limited). The intent of the SGA -3 zone is to create opportunities for high-density growth in both mid and high-rise forms, up to 25 storeys in height. The SGA -3 zone is intended to permit a wide range of residential and non residential uses. We respectfully request that the zoning of the zoning by- law be revised from SGA -3 to SGA -4. Our reasons for this request are as follows: f The subject lands are located centrally within the 5GY1'rE ter. Urban Growth Centre and are within a Major Transit _ _ J2j" r Station Area. The draft Official Plan Amendment ,� oSR. Q proposes to designate the subject lands Strategic` a SGA -t sG,��`, _ Growth Area C. The subject lands are within an area �AreaOrm 'tI }. intended for high density and transit supportive =,rea _T ©VateyicGrowlh �� SGA -2 Art, Threate4c Growth l �Zf �GA development. Zoning the subject lands SGA -4 ygR� reflects the proposed Strategic Growth Area C land SGA•4StrologeGrcwh use designation which applies to the subject lands Area Four and all adjacent lands. Issues related to compatibility resulting from increased building height and density are not anticipated as lands to the south, west and east are proposed to be zoned SGA -4. The subject lands are immediately adjacent to other multiple residential developments, including the QTK condo site (39 storeys) and the Regency at 57 Queen Street (19 storeys). The Waterloo Region Courthouse is located to the east, on the east side of Fredrick Street. The subject lands represent an appropriate location for compact, dense, and transit oriented development as the lands are proximate to a range of existing transit routes, including LRT, with the Frederick Street Station being located less than 249 metres from the subject lands. The subject lands have a frontage of 38 metres on Frederick Street and a lot area of approximately 1,598 square metres, which satisfies the minimum lot width and area requirements of the SGA -3 and SGA -4 zone set out at Table 5-5. Should a development 3 Page 383 of 592 proposal be advanced for the subject lands, specific relief from the zoning by-law requirements may be addressed, if required, subject to the criteria set out at Section 15.D.2.5 of the draft Official Plan Amendment. Other technical considerations could be investigated through detailed planning applications, as appropriate. • There are no cultural heritage constraints on the subject lands that would limit the development of a high density residential or mixed-use building. • The subject lands are presently zoned D-4 which does not include any maximum height or density requirements. The proposed SGA -3 zoning represents a significant reduction to the maximum development potential of the subject lands. The proposed SGA -4 zoning more closely aligns with the in -force D-4 zoning. For these reasons, the SGA -4 zone is considered to be appropriate. SUMMARY In closing, we respectfully request that the SGA -4 zoning by extended to the north to include the subject lands. This would allow for the maximum redevelopment potential of the subject lands to be achieved. The subject lands represent an excellent opportunity for compact, transit -supportive intensification and redevelopment given the location and as plans are underway for the existing use to relocate from the subject lands, in the short term. We appreciate staff's consideration of this matter and would be pleased to discuss this letter with you at your convenience. Yours truly, s ■ ; Emily Elliott, BES, MCIP, RPP Partner cc. Jennifer Breaton 4 Page 384 of 592 33b1d S,Ad bDMA �soivaoa O 010-YZ6Z'ON 1J3fQD'd N(V l NOIldO - WWdOblQ 3NOZ d3H11001 `7NIMOdO ■ 0— 00, as as 00 uw ________________________________________________________________________________ i____________r _____ _ r co * Cl) R� . . CN T. M U� l! N U W ce CL Co c° tii Lo� ii S�6 33b1d S,Ad bDMA OLO-YZOZ'ON 1J3fQD'd 0000ivaoa � N� l NOIldO - WWdOblQ 3NOZ MHA001 ONIMOdO ■ 0^ 001 os oz of o L-0------------------------- ------------------------------------ -* M 0) m (0 0- 6 2 / nC)Q j uaa v i a O C 16 7 CC L j O O P 2 4 } W Y u �a1Oa� LLa.o C a` o' a a b V V �6424yy/ / 42 ^ / z Z j o< 'JA p C 41 V c v / V Nr 0> j/ 33b1d S,Ad bDMA �soivaoa � 0G0-YZOZ'ON 1J3fQD'd N(V Z NOIldO - WWdOblQ 3NOZ d3H1100i `7NIMOdO ■ 0� 00, Os OS 0i0 L+q ________________________________________________________________________________i____________r---------- I _____ r __ r ti CV- T. CV,� (n az _. o!Vq, l! N U W ce CL Ltii ID ii S�6 33b1d S,Ad bDMA OLO-YZOZ'ON 1J3fQD'd 0000ivaoa � N� Z NOIldO - WWdOblQ 3NOZ MHA001 ONIMOdO ■ 0^ 001 os oz of o wo •-------------------------------------------- --------------, -* M 0) m (0 0- 6 2 / nC)Q j uaa v i a O C 16 7 CC L j O O P 2 4 } W Y u �a1Oa\ LLa.o C a` o' a Q bLA V \ V C i i V �tz / Z zZ / / / L UO— a�©� ❑moo �C.Q / r c v / V Nr / o= N o 0> j/ it up consulting February 23, 2024 Ms. Natalie Goss Manager Policy and Research Planning Division City of Kitchener Submitted via e-mail to: growingtogether(ukitchener.ca Mr. Adam Clark Senior Urban Designer Planning Division City of Kitchener Re: Growing Together Comments on Built Form Regulations for the SGA -4 Zone Seeker Labs On behalf of my client, Seeker Labs, please accept this letter with respect to the City of Kitchener's ongoing `Growing Together' initiative. I have reviewed the draft materials related to the initiative available on the City's `Engage WR' webpage including the proposed draft implementing Official Plan Amendment and Zoning By -Law Amendment on my client's behalf. Seeker Labs is vision is to create world-class innovation facilities to power Canadian life science and health technology innovation. Seeker Labs develops purpose-built life science and research and development facilities from the ground up to provide health -sector innovators with the optimal environment needed to create the continuous cycle of research and commercial success to strengthen Canada's science ecosystem. My client is interested in developing a —10 storey purpose-built innovation facility in Kitchener's downtown, on a property currently proposed to be zoned Strategic Growth Area Four (SGA -4). As an overarching statement, my client is generally supportive of the Growing Together initiative and the progressive vision and implementing regulatory framework for priority growth areas of the City. Notwithstanding, on behalf of my client, I offer the following comments with regards to two components of the built form regulations proposed for the SGA -4 zone, being: Maximum building length for storeys 7-12 (max 60 m) Maximum floor plate area for storeys 7-12 (max 2,000 sq. m) This letter discusses the City's current approach to regulating these matters, discussion on the proposed built form requirements for the City's proposed Strategic Growth Areas, and makes land use planning recommendations to the City on matters related to the same. Current Approach and Proposed Built Form Regulations for SGA -4 Zone The Draft Implementing Zoning By -Law (November 2023) for the City's Growing Together initiative introduces regulations relating to the built form of new buildings within the SGA -4 zone. In simplistic terms, it is understood that the aim of these regulations is to provide considerable flexibility with regards to Floor Space Ratio (removal of maximum FSR limits) and building heights (removal of maximum height limits) provided that the massing of buildings generally decrease with additional building heights and that additional step -backs and physical separation be provided as the overall heights of buildings increase. Page 389 of 592 it up consulting We understand that the purpose of this approach is to facilitate context sensitive intensification of the City's Strategic Growth Areas, while aiming to balance and codify matters previously guided by the City's Tall Building Design Guidelines to support compatibility with surrounding lands. As part of this approach and as contemplated by the draft regulations for the SGA -4 zone, the City is proposing the introduction of a regulations establishing a maximum building length for storeys 7-12 of 60 m and establishing a maximum floor plate area for storeys 7-12 of 2,000 sq. m. This differs from the City's current approach in its MIX and MU zones, which does not establish maximum floor plate sizes or building lengths, but rather defers to the City's Urban Design Manual to guide such matters. Likewise, it is noted that current industrial, office and commercial zone regulations do not include similar regulations, providing considerable flexibility in the design of office developments. The rationale for limiting the massing / floor area and fagade lengths for tower developments is generally intuitive given the compound effects of large floor plate towers on matters related to overlook, shadowing, and wind impacts (among others), however we question the appropriateness of applying these regulations to midrise buildings. We note that the City's Tall Building Design Guidelines currently apply to buildings over 9 storeys in height and recommend that the base of tall buildings generally not be greater than 70 m in length, whereas the SGA -4 zone introduces a lesser maximum building length (60 m) which is proposed to apply to shorter buildings (7 storeys and up). My client is concerned with the impact of these regulations as it relates to their future project, given the floor space requirements of anticipated tenants who generally require entire floors of 35,000 sq ft. to accommodate their uses for operational, safety and security reasons. While I understand the rationale for regulating the length and massing of towers, I question the proposed approach to regulating such matters for mid -rise buildings, particularly non-residential buildings. Recommendations Based on the above, it is my recommendation that the proposed floor area and building length regulations for floors 7-12 be removed from the draft SGA -4 regulations or that the regulations be amended to provide alternate standards for non-residential buildings. Conclusion I trust that the information provided in this letter will be considered as you finalize the Growing Together project and the implementing Zoning By -Law Amendments for the same. Should you have any questions or to discuss, please do not hesitate to contact me. Sincerely, 40_�L_ David Galbraith MCIP RPP 2 Page 390 of 592 From: Kae Eloie To: Natalie Goss: Growing Together (SM) Subject: Serious Concerns about Heritage Conservation District zoning naming Date: Tuesday, March 12, 2024 11:19:39 AM You don't often get email fro Learn why this isim on rtant Hello Natalie, I'm very interested in Kitchener's proposed zoning bylaw amendment, having been very involved in Waterloo's similar exercise a few years ago. As a citizen frequently engaged in land development discussions, I know it will be helpful for citizens if both cities use similar practices. As you know, some properties are in both cities! Waterloo's revised Zoning Bylaw created a special Conservation Land Zone for its heritage conservation district, and then signalled areas where growth was expected as Area A, B, C. etc Could Kitchener consider following the same model? Instead of overlaying other zones on the land contained in Heritage Conservation District (HCD) boundariesand noting somewhere in the fine print that an HCD Plan defines what development can occur on that land. To me, it's easier for citizens to see, at first glance, that the property they are considering buying is in a Heritage Conservation District. As you know, the Ontario Heritage Act clearly states that a municipality cannot carry out any public work, nor pass a bylaw that is contrary to the objectives set out in the HCD Plan. Consistency with heritage conservation district plan 41.2(1) Despite any other general or special Act, if a heritage conservation district plan is in effect in a municipality, the council of the municipality shall D21, (a) carry out any public work in the district that is contrary- to the obj . iv .s set out in the plan; or (b) pass a by -lava for any purpose that is contrary.= to the objectives set out in the plan. In my opinion, the zoning bylaw and especially the zoning map should convey the legal primacy of the HCD Plan. This could be done by creating Conservation Land Zones, possibly separate ones for each HCD, and then earmarking areas where the HCD Plan already anticipated development as Area VPA, CCA, etc. Page 391 of 592 It could be argued that, to not adequately signal to citizens that "the objectives set out in the [HCD] plan" are the "rules" for that property, runs afoul of provincial legislation. Engage Kitchener suggests you are the person heading up this project, Natalie. I would like to discuss this further with you and/or whoever determines the zoning categories, as soon as possible, as this matter goes to Council next week. Kae EI ie Page 392 of 592 KITCHENER I WOODBRIDGE I LONDON I BARRIE I KMAILTON •r+•N►♦�. P L A fel IN I IN G 'URBAN DESIGN & I ANDSCAPF MHBC ARCHITECTURE March 6, 2024 arowinotogether(c)kitchen er.ca Attn: Natalie Goss - Manager Policy & Research City of Kitchener Planning Division, 6th floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Goss: RE: GROWING TOGETHER j DRAFT OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS, 61 & 65 Roy Street, KITCHENER - OUR FILE 20266A We are writing on behalf of our client, The Windermere Apartments Inc. and Roy Street Investments Inc. with respect to the above noted matter. This letter has been prepared as a follow up to our earlier e-mail correspondence of today and we thank you in advance for your consideration of our request. The Windermere Apartments Inc. and Roy Street Investments Inc. have previously actively worked with the City of Kitchener towards the development of 61 & 65 Roy Street through an Official Plan Amendment and Zoning By-law Amendment process in order to obtain approvals for 5 unit multi - residential development for each of the lots at 61 & 65 Roy street. The Amendments were ultimately approved by Council in January of 2022. Additional demand for residential units has necessitated a request for an additional unit in each of the residential dwellings. Through the City's "Growing Together" process, the subject lands are proposed to be designated Strategic Growth Area A and zoned Strategic Growth Area 1 (SGA -1). We are writing to confirm support of the proposed designation and zoning category for our client's lands. Further, we confirm that our client would like to waive the existing site specific regulations approved in January 2022 in favour of the new SGA -1 regulations. We believe the additional unit provisions and reduced parking permissions proposed with the SGA -1 category will provide the additional needed flexibility for additional rental units that can be provided within the existing building footprints. It is our clients' intent is to meet all requirements of the proposed Strategic Growth Area 1 Zone and related Strategic. Growth Area designation. In summary, our formal request is that the City proceed with the proposed SGA -1 zoning for the Roy Street properties, and that Site specific provision 772R(M) be deleted. We further request that the subject lands be removed from Section 18.4 (Deemed to Comply) of the draft by-law as it is our intent to comply with the new SGA -1 zoning, not the previous 85-1 zoning. We once again thank staff for their support and consideration. MHBC Andrea Sinclair, MUDS, BES, MCIP, RPP Partner CC. Gabriel Diamond Adam Brunstein Garett Stevenson Tim Seyler Q Ot- Nicolette van Oyen, BES, MCIP, RPP Senior Planner Page 394 of 592 March 13, 2024 Office of Mayor and City Council Planning Division, 21h Floor 200 King Street West Kitchener, Ontario N2G 4Y9 Attention: Mayor Vrbanovic and Members of Council Dear Mayor Vrbanovic: SHAPING GREAT COMMUNITIES File No. 24050 Re: Growing Together Protected Major Transit Station Area Land Use & Zoning Framework 115 Benton Street On behalf of 1001235 Ontario Ltd., please accept the following commentary and response to the Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework as presented to Planning and Strategic Initiatives Committee Meeting on January 29, 2024 and being considered by Council on March 18, 2024. The subject property is proposed to be located within a Protected Major Transit Station Area in the Official Plan Amendment as part of the Growing Together Initiative. The property is proposed to be designated as Strategic Growth Area B in the Official Plan Amendment as part of Growing Together initiative, which would accommodate a range of medium and high density residential housing types along with non-residential uses, such as commercial uses, personal services, offices, conference facilities, health-related offices, institutional uses and social service establishments with a maximum building height of 25 storeys, a minimum Floor Space Ratio (FSR) of 1.0 and no maximum FSR. Finally, the property is proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment as part of the Growing Together initiative, which would permit a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0 and no maximum FSR. 1001235 Ontario Ltd supports the proposed Protected Major Transit Station Area and Strategic Growth Area B designation. The property represents an excellent opportunity for intensification proximate to the iON station at the intersection of Benton Street and Charles Street and can be redeveloped as a high-density, mixed-use project designed to be compatible with and sensitive to the existing low rise residential uses along Hebel Place. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 395 of 592 However, 1001235 Ontario Ltd. requests the property be zoned SGA -3: High Rise Growth Zone (Limited) in the Zoning By-law Amendment as part of the Growing Together initiative. The redevelopment of subject property can be designed to be sensitive to the existing low-rise residential uses between Hebel Place and Cedar Street as well as compatible with the existing and contemplated medium to high-density mixed-use development along Benton Street. Please find enclosed a preliminary development concept that supports this. Policy 15.D.2.5 of the proposed Official Plan Amendment associated with the Growing Together initiative allows for the consideration of site-specific applications for Zoning By-law Amendment through the consideration of a number of factors. The following provides a summary of the requirements of proposed Policy 15.D.2.5 as well as commentary and justification for the property to be zoned SGA -3: High Rise Growth Zone (Limited) as requested. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) Compatibility with the planned function of the The property is located within a Protected subject lands and adjacent lands Major Transit Station Area, which are areas intended to accommodate a significant portion of future growth and development. The property is located approximately 300 metres south of the existing iON Station at the intersection of Benton Street and Cedar Street; future mixed-use, high-density development will assist the City in achieving the required density target of 160 residents and jobs per hectare identified for this area. The majority of the area surrounding the property is proposed to be designated and zoned to permit medium to high-density residential development. Furthermore, the property is proposed to be designated as Strategic Growth Area B; the requested SGA - 3 Zone is consistent this designation. We believe the redevelopment of the property can be designed to be compatible with the surrounding uses (including low, medium and high-rise uses) and reasonably scaled to provide for appropriate residential intensification adjacent to existing low-rise residential uses. GSP Group 12 Page 396 of 592 b) Suitability of the lot for the proposed use and/or built -form As demonstrated by the attached redevelopment concept, the property is suitably sized and configured to provide for future high-density residential development that incorporates appropriate setbacks and separation from surrounding low rise residential uses. c) Lot area and consolidation as further outlined in Not applicable. Policy 3.C.2.11 While the subject property includes a small portion of land that extends to Hebe/ Place, it is not intended that this portion of the site will accommodate any future mixed-use buildings and/or structures. d) Compliance with the City's Urban Design Manual The preliminary development concept and Policy 11.C.1.34 submitted in support of this request takes into consideration the proposed zoning regulations and development standards associated with the SGA -3 Zone as well as the applicable policies of the City's Urban Design Manual, including those pertaining to tall buildings. The preliminary development concept proposes a 25 -storey mixed-use building with approximately 184 dwelling units. The preliminary development concept has been designed to include appropriate tower stepbacks, as specified in the draft Zoning By- law for the Growing Together initiative. The preliminary development concept includes underground and podium parking with the provision of approximately 189 parking spaces. Policy 11. C. 1.34 of the proposed Official Plan Amendment for the Growing Together initiative indicates that new tall building development must have consideration for tall building design principles, including separation, overlook, height, floorplate area, tower placement, orientation and building proportions. The policy further states that the zoning by-law will provide for design regulations to mitigate environmental impacts, create high-quality design, ensure compatibility with surrounding low and mid - rise context and ensure the development of GSP Group 13 Page 397 of 592 1001235 Ontario Ltd believes that the Growing Together initiative is a positive, comprehensive planning initiative that will continue to encourage investment in transit station areas; they are generally supportive of the strategic policy and regulatory framework as proposed. 1001235 Ontario Ltd supports the proposed Protected Major Transit Station Area and Strategic Growth Area B designation in the proposed Official Plan associated with the Growing Together initiative for the subject property. However, 1001235 Ontario Ltd. requests that Council consider applying the SGA -3: High Rise Growth Zone (Limited) to the subject property as part of the Growing Together initiative. GSP Group 14 Page 398 of 592 future adjacent or nearby buildings are not frustrated. The preliminary development concept demonstrates the property can be redeveloped with sensitivity to and compatibility with adjacent low-rise residential land uses. The preliminary development concept has incorporated a number of urban design guidelines and requirements with respect to tall building design; through further detailed design, we believe that these considerations can be further enhanced to meet the policy objectives of 11. C. 1.34. e) Cultural heritage resources, including Policy Not applicable 15. D.2.8 f) Technical considerations and other contextual or All technical considerations and requirements site specific factors for a future site plan application would be identified through formal Pre -Submission Consultation with City staff. These technical studies may include but are not limited to a Traffic Impact Study and Parking Justification Report, Stationary and Traffic Noise Impact, Pedestrian Wind Assessment, Urban Design Brief and Planning Justification Report. 1001235 Ontario Ltd believes that the Growing Together initiative is a positive, comprehensive planning initiative that will continue to encourage investment in transit station areas; they are generally supportive of the strategic policy and regulatory framework as proposed. 1001235 Ontario Ltd supports the proposed Protected Major Transit Station Area and Strategic Growth Area B designation in the proposed Official Plan associated with the Growing Together initiative for the subject property. However, 1001235 Ontario Ltd. requests that Council consider applying the SGA -3: High Rise Growth Zone (Limited) to the subject property as part of the Growing Together initiative. GSP Group 14 Page 398 of 592 Thank you for taking the time to review our commentary and requests. On behalf of 1001235 Ontario Ltd, we respectfully request to be notified of all meetings, reports and decisions related to the Growing Together initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. Kristen Barisdale, MCIP, RPP Vice President, Planning cc. George Hannoush, 1001235 Ontario Ltd. Natalie Goss, City of Kitchener Adam Clark, City of Kitchener GSP Group 15 Page 399 of 592 Chum U V ^ a Q m m `o en i45 cn � (n m o$ TON N J J U z Z LLI LU Y 0 0 N o in O. d N Lu C N � N N i E wN i07 QN O O ,O N M E O N N O N 1n 0 M V or N N N Stm (j Z c LU N rt d Q J Q cn j 0 W 0�W u v W f-- 0 O L m uJ a z N W I=Z (D LZWOLLuj W 7m c/»❑UU LL Imm MMWMI arm 83H aLO Wo o O TFFFFFL L V (6 a N a 0' J r Z gIE HIMM m 'M E � R J ��E z° 7 d ❑ JAc a` a g ® ejj cn a ��§ _J O. 1 J R c9 2 ?E8 IRE I L" -It's w Z� n m ry y - o Id I3 _ lFfjWAwqj ML 1S N©1N39 4 *:4* r� rr . y r Y # t+t #N• 7 H a.W Z O� H� CZ u LU 2 G � 4� J 0 W e m W LO 0 r Paul Heidebrecht 67 Agnes Street Kitchener, ON N2G 2E9 March 13, 2024 Dear Mayor Vrbanovic and City of Kitchener Councillors, Along with many of my neighbours, I have been following the development of the City of Kitchener's new planning framework for Major Transit Station Areas (i.e., the "Growing Together" plan). I have attended several public and special meetings and submitted comments at all the opportunities I learned of, but I am writing to underscore one significant concern I have with the final recommendations now under consideration by Council. To be clear, I understand and support the need for intensification in our city, particularly along the ION corridor. I also understand that city staff and elected officials have heard many residents urge that, in addition to housing density, this new planning framework should prioritize additional considerations such as housing affordability and the overall quality of the neighbourhoods where both new and long-time residents will be living in the coming decades. I would like to briefly expand on this last priority in this letter, since there is at least one area in the Growing Together plan where it seems to have been disregarded. One way (of several) that city staff have acknowledged they can help maintain the overall quality of neighbourhoods is to require suitable transitions leading up to the highest density zone. To my knowledge, the only place in this plan where this is not the case is in the Walter, Agnes, and Dominion Street area, where properties to be zoned SGA 1 (currently low-rise residential houses) are immediately adjacent to properties to be zoned SGA 4. 1 am writing to request that this exceptional case be addressed by including a transitional SGA 2 and/or SGA 3 zone. Thank you for considering this change. Sincerely, GC�w L Paul Heidebrecht Page 401 of 592 From: To: Debbie Charman Cc: Growina Toaether (SM) Subject: Re: Opposing SGA -4 zoning of OSC property adjacent to Agnes St Date: Thursday, March 14, 2024 8:42:56 AM IYou don't often get email from mikeschaekermann@gmail.com. Learn why this is important Thank you, Debbie. I really appreciate your prompt reply, and am so glad to hear that you share the concerns our neighbourhood is voicing. Mike On Mar 13, 2024, at 9:16 PM, Debbie Chapman <debbie.chapman@kitchener.ca> wrote: Thanks for your detailed message, Mike. I agree SGA4 is too high beside an established SGA1 neighbourhood. Debbie Chapman, PhD Subscribe to monthly newsletter here: https://bit.ly/3NMIDTe Councillor, Ward 9 1 City of Kitchener 0: 519-741-2200 ext. 2798 C: 226-752-7104 Debbie.Chapmanna kitchener.ca <image001.png> <image002.png> <image003.png> <image002.png> <image004.pnng> <image002.png> <image005.pnng> <image002.png> <image006.pnng> <image002.png> <image007.png> <image002.png> <image008.pnng> <image002.png> <image009.pnng> Customers can now connect with the City of Kitchener anytime by calling the 24/7 Corporate Contact Centre at 519-741-2345 Page 402 of 592 From: Mike Schaekerman Date: Sunday, March 10, 2024 at 8:18 PM To: Growing Together (SM) cGrowingTogether@kitchener.ca>, Debbie Chapman <Debbie.Cha pman @ kitchener.ca> Subject, Opposing SGA -4 zoning of OSC property adjacent to Agnes St You don't often get email &o . Leam lyllyt is is i =oLfml To the City of Kitchener Councilors and Mayor of: am writing to express my strong opposition to the proposed rezoning of the OSC property behind my residence at 43 Agnes Street as SGA -4 which would lead to high-rise development right behind my property and that of my neighbours and would have a detrimental effect on our beautiful neighbourhood. Like many of my neighbours, I was drawn to Agnes Street for its unique character. The tree -lined streets, walkable access to amenities, and strong sense of community are invaluable assets that contribute to the overall livability of the area. The prospect of an SGA -4 rezoning and, as an inevitable consequence, a high-rise development on the OSC property threatens to disrupt this delicate balance. Here are my specific concerns: • Loss of Green Space: The OSC property is one of the last remaining large, open spaces in the neighbourhood. It serves not only as a buffer between the train tracks and residential areas, but also as a valuable green space for residents to enjoy. Allowing replacement of this green space with a high-rise (which would be the inevitable consequence of an SGA -4 rezoning) would significantly reduce access to nature and contribute to the urban heat island effect. ■ Traffic and Congestion: The "Station Park" development has already brought significant traffic and construction disruptions. Adding more high-rises will only exacerbate these issues, creating an unpleasant and potentially unsafe environment. • Impact on Neighbourhood Quality: High-rise development can cast large shadows, blocking sunlight and creating a sense of enclosure for existing residents. It can also lead to a feeling of isolation and a disconnect from the surrounding community. The figure attached (provided by the city planning department) perfectly visualizes the horrendous impact of just a single SGA -4 development on the OSC property adjacent to low rise residential properties on Agnes Street. Page 403 of 592 <image_1> I appreciate the need for housing densification, but I believe it can be achieved in a way that respects the existing character of the neighbourhood. I echo the suggestions of my neighbours: • Explore alternative densification strategies: Look into options like in-law suites, townhouses, and low-rise apartment buildings that can blend seamlessly with existing housing. • Prioritize community needs: Develop the OSC property into a park and recreation area, providing much needed green space and fostering a sense of community for both existing and future residents. I urge you to reject the current plan and work with the community to develop a solution that promotes responsible growth while preserving the unique character of the Agnes Street neighbourhood. Thank you for your time and consideration. Sincerely, Mike Schaekermann Kitchener, Ontario Page 404 of 592 Frons: Kae Eloie To: Natalie Goss: Growina Together (SM) Subject: Serious Concerns about Heritage Conservation District zoning naming Date: Tuesday, March 12, 2024 11:19:39 Ah1 IYou don't often get email fro . Learn why this is im ars rtant Hello Natalie, I'm very interested in Kitchener's proposed zoning bylaw amendment, having been very involved in W'aterloo's similar exercise a few years ago. As a citizen frequently engaged in land development discussions, I know it will be helpful for citizens if both cities use similar practices. As you know, some properties are in both cities! Waterloo's revised Zoning Bylaw created a special Conservation Land Zone for its heritage conservation district, and then signalled areas where growth was expected as Area A, B, C. etc Could Kitchener consider following the same model? Instead of overlaying other zones on the land contained in Heritage Conservation District (HCD) boundariesand noting somewhere in the fine print that an HCD Plan defines what development can occur on that land. To me, it's easier for citizens to see, at first glance, that the property they are considering buying is in a Heritage Conservation District. As you know, the Ontario Heritage Act clearly states that a municipality cannot carry out any public work, nor pass a bylaw that is contrary to the objectives set out in the HCD Plan. Consistency with heritage conservation district plan 41.2(1) Despite any other general or special Act, if a heritage conservation district plan is in effect in a municipality, the council of the municipality shall UQJ, (a) carry out any public work in the district that is contraZL to the objectives set out in the plan; or (b) pass a by-law for any purpose that is contrary to the objectives set out in the plan. In my opinion, the zoning bylaw and especially the zoning map should convey the legal primacy of the HCD Plan. This could be done by creating Conservation Land Zones, possibly separate ones for each HCD, and then earmarking areas where the HCD Plan already anticipated development as Area VPA, CCA, etc. Page 405 of 592 It could be argued that, to not adequately signal to citizens that "the objectives set out in the [HCD] plan" are the "rules" for that property, runs afoul of provincial legislation. Engage Kitchener suggests you are the person heading up this project, Natalie. I would like to discuss this further with you and/or whoever determines the zoning categories, as soon as possible, as this matter goes to Council next week. Kae EI ie Page 406 of 592 Written Submissions from January 29th Planning &Strategic Initiatives Committee Page 407 of 592 From: Hal Jaeger Sent: Wednesday, January 24, 2024 7:32 AM To: Delegation (SM) Cc: Growing Together (SM); Adam Clark; John Zunic Subject: Request for a meeting with planning staff and a deferral of discussion of Growing Together from the Jan. 29, 2024 PSIC agenda Attachments: Requested amendments to 19Jan2024 GT proposal HJaeger.pdf Greetings, Council. I see much to be appreciated in the proposed Growing Together OPA and ZBA. But I also continue to see some serious risks that Planning Staff assert cannot be addressed within the scope of the Growing Together project, including: ■ reduced parkland within a 15 -minute radius per resident— particularly in areas that are already extremely under -served, • loss of green spaces and the many benefits they provide, • increased heat island effects, • loss of low-cost indoor community spaces, and • inequitable access to sunlight in both public and private realms. I beseech Council to address these problems in the near future. Potential solutions may include parkland acquisition, implementation of increased green space requirements, establishment of green development standards, acquisition of more publicly -owned community spaces and further measures to address equitable access to sunlight. That said, having reviewed the Growing Together proposal as released on January 19, 2024, 1 request a meeting with Planning Staff to discuss aspects of the proposal that can be amended to the satisfaction of Planning Staff and the community. I was unable to secure a discussion with Planning Staff following my submission on the November 3, 2023 "final draft". Please note that I have reduced my set of requested amendments, which are informed by years of community meetings, by removing those items which I understand are out of scope or about which I do not see potential for agreement. I furthermore request a deferral of the Growing Together discussion at PSIC so that concerns such as my own and others can be addressed, and ideally, largely resolved before the proposal is brought before Council at a PSIC meeting. I ask that you please recall that Ward 9 & 10 residents, the people who live in the Growing Together study area, were without Councillor representation throughout the review of the final draft in November 2023 and that representation of Ward 10 only resumed on Monday, January 22, 2024. Thank you for your consideration, Hal Hal Jaeger Page 408 of 592 Requested Amendments to the Jan. 19, 2024 Growing Together Proposal Hal Jaeger 1) The insertion of the following policy into the Official Plan, after proposed Section 15.D.2.8: "Zoning permissions do not necessarily reflect and may be limited by heritage preservation requirements." 2) The revision of proposed Official Plan Section 15.D.2.25, as follows: "As a part of the required parkland dedication, for any would-be dedication in excess of 5,OOOsm, land dedication will be encouraged over alternative forms such as cash -in -lieu for the creation of adequately -sized public parks that can support a broad array of uses. For any would-be dedication less than 2,500sm, cash -in lieu may be encouraged over land dedication to permit assembly of larger parks." 3) Despite Section 4.14 of the 2019-051 Zoning Bylaw, in the Growing Together Study area/Olde Berlin Town neighbourhood, any permitted projections within 3m above grade or dig -outs in required setbacks may not reduce the grade - level setback area to less than 1.0m, to permit unencumbered access and maintenance, without access to neighbours' properties. 4) The revision of the following passages in Section 6.1 of the proposed Zoning Bylaw amendment, to include the bolded text. a) "SGA -2: Mid Rise Growth Zone — the purpose of this zone is to create opportunities for moderate growth in mid -rise forms up to the lesser of a) 8 storeys or b) 27.5m in height. The SGA -2 zone will permit a mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area A or Strategic Growth Area B in the City of Kitchener Official Plan. 5) In Table 6-1 (Permitted Uses within the Strategic Growth Area Zones), that a Brewpub, Financial Establishment, Health Clinic, Restaurant or Veterinary Service not be permitted in SGA -1 zones, in the Olde Berlin Town neighbourhood. 6) That patios, decks, and outdoor recreation associated with a restaurant not be located within 20 metres of a low-rise residential zone or SGA -1 zone, in the Olde Berlin Town neighbourhood. 7) That backlit, electronic or moving signs not be permitted in the SGA -1 zone and the interior of the Olde Berlin Town neighbourhood. 8) That signs in an SGA -1 zone, in the Olde Berlin Town neighbourhood, be limited in size to no more than 0.75m2, and to a location on or within 0.5m of a building, with a maximum height no more than 1.5m above grade. 9) In Table 6-4 (SGA -2) in the proposed Zoning Bylaw amendment, a) The revision of the value for "Maximum building height" to "the lesser of 8 storeys or 27.5m". b) The replacement of "For Storeys 7 and above" with "For the lesser of a) 7 storeys and above or b) heights in excess of 21 m". Page 409 of 592 10) The replacement of Note (2) to Table 6-4, "The [minimum landscape area] requirement for a lot abutting a Priority Street segment identified on Appendix G shall be 0%" with "SGA -2 lots along priority streets are encouraged to acquire the front yard set back area at 75% of the pro -rated land value of the lot, so as to permit the creation of a continuous built streetwall with active uses on the ground floor. The proceeds to be used for the acquisition of local parkland." 11) The application of the SGA -3 built -form regulations to lands zoned INS -2, within the City Hall Major Transit Station Area. 12) Other Address -Specific Amendments (outlined in red on map below) # Address Requested Change(s) 1 119 College St SGA -1 uses. 2 11 Margaret Ave/ SGA -2 uses. Match height limit to existing build. 100 Queen St N 3 30-40, 54 Margaret SGA -1 uses and a 16.5 m height limit. The lands are at the outer Ave even boundary of the SGA and abut a low-rise residential area. 4 32 Weber St W Permit severance of the property along the line parallel to Roy St, 30 metres from the Roy St street line, if owner requests. No vehicular access to Roy St, whether consolidated with 41 and/or 51 Roy St or not. 5 35&37 Weber St W INS -2 uses with SGA -3 built -form regulations. 6 80 Young St SGA -3, for the first 50m south of Weber St W, or a site-specific provision to limit height to SGA -3 limit in the first 50m south of Weber St W to 50m, to limit shadow impact on the north side of Weber St W. Page 410 of 592 :10-1C•_►Z�7:7 January 24, 2024 City of Kitchener 200 King Street West PO Box 1118 Kitchener, ON N2G 4G7 Attention: Members of Council Reference: 23 — 31 Cedar St North and 18 — 26 Madison Ave North Growing Together SGA -2 Zone Map Correction Polocorp Inc is submitting the following letter, on behalf of the Owners, to request that the Committee pass a motion during the January 29th Committee meeting, to modify Staff's recommendation to include the above-described lands ("the Lands"), in whole, as Strategic Growth Area Two (SGA -2) Zone. City staff are in support of the proposed modification as the lands would have been included within the recommended By-law had a miscommunication during the consultation process not occurred. By way of background, the proposed lands form a rectangular, mid -block assembly that extends from Cedar Street North to Madison Ave North. The lands are approximately 0.55 hectares in area, are located immediately adjacent the Kitchener Market and are approximately 150 metres from the Kitchener Market ION Station. Polocorp has been involved through the duration of the consultation process advocating for the whole of the assembled lands to be zoned SGA -2 and avoid split zoning which significantly impacts the efficiency, and viability, of the lands for redevelopment. Staff acknowledged that the uniform zoning would be appropriate, subject to providing: 1. Proof of consolidated ownership; 2. A viable development concept; and, 3. Planning policy to address Official Plan policies 15.D.2.5. Polocorp provided all materials described above in November and December 2023, however, staff have since acknowledge that a letter describing the conformity with OP Policy 15.D.2.5 was submitted Page 411 of 592 on December 13, 2023, but no record of it was made. As such, the recommended By-law did not include the requested changes. Following the release of Staff's recommendation report and proposed By-law on January 19th, 2023, the miscommunication was identified. Staff have recommended that Polocorp submit this letter to request that the Committee put forth a motion to modify the proposed Amendments to include the whole of the lands (inclusive of the individually titled parking spaces) as Strategic Growth Area B (SGA -B) within the Official Plan and Strategic Growth Area Two (SGA -2) Zone within the Zoning By- law. Given the above, with this letter Polocorp requests that the Committee put forth a motion to include the Lands, as identified below, as Strategic Growth Area B within the final Official Plan Amendment and Strategic Growth Area Two (SGA -2) in the final Zoning By-law. Staff support for the proposed motion as the only means to rectify the miscommunication between both parties. For your information I have appended a summary of the communications between City Staff and Polocorp, to date. While I trust that the enclosed information is sufficient for the Committee to put forth a motion, I have registered as a delegate for the January 29th meeting to provide the opportunity to answer any questions that the Committee may have. In the meantime, please feel free to contact me if you wish to discuss. Thank you for considering our request. Sincerely, Polocorp Inc. Matthew Warzec CIP RPP Director of Development and Planning CC: Bill Reitzel, Reitzel Bros General Contractors Inc 2 Page 412 of 592 Appendi)c: Summary of Correspondence July 2023 Draft approach to growth and change issued by City staff. Identifies the Lands as split -zoned between SGA -1 and SGA -2. August 9, 2023 Polocorp submits letter to City staff requesting that the whole of the lands be included within the SGA -2 Zone November 29, 2023 Polocorp Inc submits letter to City staff requesting that the whole of the lands be included within the SGA -2 Zone with a Development Concept and proof of Ownership of the lands December 12, 2023 City staff request a scoped Planning Justification to demonstrate conformity with OP Section 15.D.2.5 December 13, 2023 Polocorp submits scoped justification letter demonstrating conformity with OP Section 15.D.2.5. Note: It has since been confirmed that this letter was submitted, however, City staff made no record of its receipt. January 11, 2024 City staff request scoped Planning Justification to demonstrate conformity with OP Section 15.D.2.5, noting that a response must be provided within one day. Polocorp did not receive this email as Matthew Warzecha was out of office until the following week. January 19, 2024 Recommended Zoning By-law Amendment issued publicly. Polocorp notes the Lands remained split -zoned in the Zoning By-law. Contacts City staff by email, attaching previous correspondence including December 13, 2023 letter. January 23, 2024 City staff contact Polocorp by phone and explain that no record of the December 13, 2023 letter was kept on file, but acknowledged that it was sent by Polocorp. Staff note that they support the inclusion of the Lands in the SGA -2 Zone, however, no modifications to the Staff Report or recommendations can be made after public release. Staff recommend that Polocorp request that the Committee modify the recommendation through a motion at the January 29, 2023 meeting to include the whole of the Lands within the SGA -2 Zone. Page 413 of 592 NORTH WATERLOO REGION Growing Together delegation to PSIC, January 26, 2024 The ACO is a provincial charity that advocates for the conservation of heritage buildings and places. We have been in existence for 90 years and have the expertise of a wide variety of members, including architects, historians and preservation experts. In the Waterloo region, we have been called on to provide knowledge of the local heritage buildings and landscapes. Several municipalities have asked us to identify significant built heritage for protection. We created a comprehensive, searchable database of the heritage properties in the region: WaterlooBuilt. The City of Kitchener has asked us to provide the information on heritage buildings, which we are pleased to do. The Growing Together proposals are complex and provide a roadmap for the city's obligation to intensify around transit stations or MTSAs. Of course, it is important to provide the areas of growth with the transits needs of people living in the area. However, within an 800 -metre sphere of these MTSAs are two Heritage Conservation Districts (HCDs), key features of Kitchener's past that provincial policy has determined "shall be preserved". The need for increased density is further complicated by the existence of Victoria Park, which cannot be used for increasing density near transit stations. Growing Together summarized its impact as having Four qualities: • Balance • Transition • Vibrancy • Affordability It also states that the HCDs will be protected: ACO North Waterloo Region Branch Submission to PSCIC re: Growing Together: Page 1 of 5 Page 414 of 592 NORTH WATERLOO REGION All of the existing heritage tools the city uses remain in effect, including Heritage Conservation Districts for both Victoria Park and Civic Centre. The policies in these plans remain and take precedence over the new land use and zoning anywhere there is a conflict, though we have also worked to minimize any potential for conflict (Community Guide to Land Use and Zoning, p. 66). We think that the proposed zoning will create a very unstable environment for development of the downtown and harm the HCDs. We have seen that when proposals come forward that involve heritage buildings, that some rationale is put forward to demolish and build anew, in effect eating away at the very fabric of what makes Kitchener a vibrant place to live and work. In our brief to Heritage Kitchener, we describe in detail some of the actions taken over the years that have compromised the integrity of the Victoria Park HCD. We focus on the Victoria Park HCD (Figure 1). Figure 1: Victoria Park HCD showing area SGA2 (pink) and SGA3 (purple) ACO North Waterloo Region Branch Submission to PSCIC re: Growing Together: Page 2 of 5 Page 415 of 592 I NORTH WATERLOO REGION There are two proposals in zoning that we think should be changed. On the Western side of the Park, a significant part of the area is identified as SGA2, where buildings of 8 storeys or 27 metres would be permitted. Currently, the zoning in this area is 10.5 metres, or 3 storeys. The HCD plan would be compromised by such higher density and it would not be compatible with the low-rise buildings around it. The area of the western part of the HCD where 8 storey/27 metre tall buildings would be permitted is about 7%. Currently, there are no buildings higher than three storeys in this part of the HCD.is 3 storeys or 10.5 metres (see Figure 2). r,Q Figure 2: Western side of Victoria Park HCD Total Area: 176,779.79 m2 SGA2 Area (Michael, Victoria and Linden): 12,860.92 m2, or 7.3% A C- On the eastern part of the HCD along Queen and Benton, Growing Together proposes a designation of SGA3 (Figure 3). SGA3 zoning would allow buildings of up to 25 storeys ACO North Waterloo Region Branch Submission to PSCIC re: Growing Together: Page 3 of 5 Page 416 of 592 ma it • .1� iIL y, NORTH WATERLOO REGION or 84 metres. Not only is the designation much taller than existing buildings in the HCD, the percent of SGA3 zoning in the eastern part of the HCD is much higher at 40%. Designating SGA2 and SGA3 zones inside the HCDs will result in serious damage to the HCDs and to the fabric of our city, cause uncertainty and conflict in planning application, and reduce the economic benefits that heritage provides to our community and in the region. Victoria Park Bund Schrejder � `P Henry Sturm Greenway s Trail rnak„, ;. Horrewcod Ay, Figure 3- Eastern Part of the HCD Total Area- 214,523.15 m2 FredericM Hd/S��P kry9S1F Vlctoria Place s� ,-ent Commu y... �Po ;O. Phi u \� ac ,rz ,far yti yl Q� Sandhills Pi Courtland Avenue M �aP PublicSchoolT gY4y �!. ' '✓A SGA3 (Benton to David, Courtland to Charles) 86,905.25 m2 Percent classified as SGA3 is 40.4% At the December Heritage Kitchener meeting, we predicted that developers would be encouraged to develop tall buildings inside the HCD. They have done so in the past. We encourage you to read the Growing Together document, Attachment J, pp. ACO North Waterloo Region Branch Submission to PSCIC re: Growing Together: Page 4 of 5 Page 417 of 592 NORTH WATERLOO REGION 211ff. There, you will find detailed plans by a developer for a building in the SGA3 zone. Not 25 storeys, as Growing Together would allow. The developer is not content with that limit. Instead, they propose a 52 -storey building. If Kitchener allows HCDs to have such tall buildings, then what is the purpose of a Heritage Conservation District? In our written brief to Heritage Kitchener, we describe in particular the policies of the Victoria Park HCD which will be violated by increased height limits. For example, at the corner of Joseph and David are a parking lot and three older residential low-rise houses, all of which are duplexed and provide affordable housing. As built, they are SGA1. If rezoned SGA2, they could be torn down and replaced with mid -rise buildings up to 8 storeys in height. That could be even taller if the developer applied for a zoning - bylaw or official plan amendment. This corner lot is also contiguous with Victoria Park; having a tall building is not compatible with parkland. The HCD plan has specific guidelines as to how to integrate new building in the HCD, with low rise, heritage appropriate style and massing. The plan lists 14 criteria for ensuring the continued character of the HCD. We believe that Growing Together must remove the SGA2 and SGA3 designations inside the HCDs. Growing Together suggests that the "policies in these plans remain and take precedence over the new land use and zoning anywhere there is a conflict." Designating certain lands inside the HCDs as 8 and 25 storeys contradicts this assertion and will only promote future conflict between developers and staff and the general public. In short, if we are to preserve heritage conservation districts, we cannot treat them as "places to build" but as "places to keep". That would be consistent with municipal, regional and provincial policy. ACO North Waterloo Region Branch Submission to PSCIC re: Growing Together: Page 5 of 5 Page 418 of 592 • THE BUTLER GROUP CONSULTANTS INC. L xid Pl..wni,'q Se 'ICeS January 26, 2024 City of Kitchener Planning Division 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Attention: Members of the Committee Reference: 455-509 Mill Street Growing Together, Proposed Zoning The Butler Group Consultants Inc are planning consultants for Polocorp Inc in regards to the lands located at 455 — 509 Mill Street in Kitchener (the "Subject Lands"). The Subject Lands were subject to Official Plan and Zoning By-law Amendments (the "Amendments") that were approved by the City in May 2023. The Amendments will facilitate the redevelopment of the lands fora 1,500 units mixed-use community comprised of a mix of residential unit typologies, commercial and community space, as well as indoor and outdoor amenities spaces. The community will be closely integrated into the Mill ION Station to create a true transit -oriented community. Polocorp have previously submitted letters to City Staff in response to the draft zoning proposed through the Growing Together Study. The Growing Together Study proposes to substantially increase the permitted height and density on lands immediately adjacent the Mill ION Station with the introduction of the Strategic Growth Area Four (SGA -4) Zone. The SGA -4 Zone has no maximum height, no maximum FSR, and no minimum parking requirement, among other provisions. To supplement the increased entitlements, lands within the station area are proposed to be subject to Inclusionary Zoning By-law that requires that a minimum affordable housing dedication be provided within any new development exceeding 50 units. To date, City staff have been unwilling to negotiate a revised zoning by-law for the site that reflects the new inclusionary zoning requirements imposed on the Subject Lands. In reviewing the proposed Zoning By-law, the Subject Lands will not, in effect, be zoned SGA -4 but rather, will maintain the previously approved site-specific Zoning By-law provisions approved in May 2023 under the 2019-051 By-law. While the proposed zoning will facilitate the development of the Subject Lands, as proposed, the new zoning will not be granted the same flexibilities afforded the adjacent lands; namely, unlimited height, unlimited density (FSR), and no minimum parking requirement. Should those provisions be granted to the Subject Lands through a 'blended' zoning Page 419 of 592 by-law, the Subject Lands could yield additional housing within the community than previously contemplated. It should also be noted that, despite not being subject to the SGA -4 Zone, the Subject lands are proposed to be subject to the Inclusionary Zoning By-law which requires that a higher number of affordable units (up to 5%) be provided than contemplated through the approvals granted to date. Polocorp's approval was based on a proposed density that is capped at a maximum density of 8.5 FSR. Based on this zoning regulation, Polocorp volunteered to provide 50 affordable housing units over the lifetime of the project that represents approximately a 3% inclusionary zoning requirement. The proposed higher inclusionary zoning standard, in effect, imposes an additional constraint on the approved development without additional zoning entitlements such as increased density or a reduction in parking standards. Polocorp has submitted a separate letter to the Committee in response to the proposed Inclusionary Zoning By-law. Given the above, we request that the Committee direct staff to work with Polocorp to prepare a site-specific Zoning By-law that reflects a blend of the current, and proposed, zoning regulations prior to Council passing the final by-law. The proposed zone will yield more efficient, and flexible, entitlements on the land to provide opportunity for additional dwelling units, including affordable housing. Thank you for considering the above request. We welcome the opportunity to work with staff ahead of passing the final Zoning By-law. Respectfully submitted, David A. Butler MCIP, RPP CC: Joseph Puopolo, Polocorp Inc Matthew Warzecha, Polocorp Inc Page 420 of 592 January 26, 2024 Office of Mayor and City Council Planning Division, 2t" Floor 200 King Street West Kitchener, ON N2G 4Y9 SHAPING GREAT COMMUNITIES File No. 22301 Attention: Chair Singh and Members of Planning & Strategic Committee Dear Chair Singh: Re: Growing Together Protected Major Transit Station Area Land Use & Zoning Framework Report No. DSD -2024-005 169 to 183 Victoria Street South On behalf of 1000002286 Ontario Ltd. and Legion Heights Victoria Inc., please accept the following commentary and response to the Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework (Report No. DSD -2024-005). This correspondence should be reviewed in conjunction with our correspondence dated November 30, 2023 (see attached) 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. acquired the properties at 169 to 183 Victoria Street South with the intent of providing for a medium -density residential development project, which initially included an 8 -storey apartment building with a total of 125 dwelling units along with underground parking. The proposed development was subject to Pre -Submission Consultation on April 12, 2023, at which it was determined that an application for Zoning By-law Amendment would be required to address a site-specific variances to the existing zoning, including setbacks, podium height and parking. The project consulting team is actively working on all required supporting studies and reports with the hopes of submitting a formal application for Zoning By-law Amendment in the near future. The property is proposed to be located within a Protected Major Transit Station Area in the Official Plan Amendment for the "Growing Together" initiative, which are areas intended to support transit through accommodating future growth and development through a mix of residential, office, institutional and commercial uses that provide for connectivity to various modes of transportation and have streetscapes and built forms that are pedestrian and transit friendly. The properties are proposed to be designated as Strategic Growth A in the Official Plan Amendment as part of Staff Report DSD -2024-005, which permits all forms of residential development as well as a range of non-residential uses that will support complete communities. Development within a Strategic Growth Area A will have a maximum building height of 8 storeys (with opportunities to increase building height to a maximum of 10 storeys through the implementing by-law, where PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 421 of 592 appropriate) and a minimum FSR of 0.6. The development concept has been further refined to include a 10 -storey tower with a total of 138 dwelling units, which is reflective of the objective and intent of the Strategic Growth Area A designation and policies. The properties are proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment as part of Staff Report DSD -2024-005, which permits a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0, no maximum FSR and no minimum parking requirement. In addition, the SGA -2 Zone requires a maximum building height of 20 metres for development within 15 metres of a low-rise residential zone, and a minimum rear yard setback of 7.5 metres for development abutting a low-rise residential zone. 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. supports the proposed Protected Maior Transit Station Area and Strategic Growth Area A designation as well as the proposed SGA -2: Mid Rise Growth Zone intended for the subject properties identified as part of Staff Report DSD -2024- 005. However, we continue to have concerns with the provision to limit building height to a maximum of 20.0 metres for development within 15.0 metres of a low-rise residential zone. The requirement to include podiums and building step backs on a mid-sized residential development project may have a very significant impact on building design and layout optimization, particularly on smaller or awkwardly shaped parcels of land. We believe that the potential impacts associated with building scale and size can be mitigated through appropriate building design considerations on a site -by -site basis rather than a standard requirement applied to all Protected Major Transit Station Areas. 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. believes that the Growing Together initiative is a positive, comprehensive policy and regulatory initiative undertaken by the City that will continue to encourage investment in transit station areas; they are generally supportive of the strategic policy and regulatory framework as proposed. We look forward to continuing to work and collaborate with staff as we move forward with redevelopment plans for the subject site. On behalf of 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. we respectfully request to be notified of all meetings, reports and decisions related to the Growing Together initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. Kristen Barisdale, MCIP, RPP Vice President, Planning cc. Nasir Salem, 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. GSP Group 12 Page 422 of 592 Andrew Bousfield, ABA GSP Group 13 Page 423 of 592 November 30, 2023 City of Kitchener Planning Division, 6th Floor 200 King Street West Kitchener, Ontario N2G 4Y9 Attention: Natalie Goss, MCIP, RPP Manager, Policy and Research Dear Ms. Goss: Re: Growing Together Response to November 2023 Draft Materials 169 to 183 Victoria Street South SHAPING GREAT COMMUNITIES File No. 23101 On behalf of 1000002286 Ontario Ltd. and Legion Heights Victoria Inc., please accept the following commentary and response to the draft OPA and ZBA documents released on November 3, 2023 for the "Growing Together" initiative as related to the above -noted properties. 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. acquired the above -noted properties with the intent of providing for a medium -density residential development project, which includes an 8 - storey apartment building with a total of 125 dwelling units along with underground parking. The proposed redevelopment scheme was subject to Pre -Submission Consultation with the City on April 12, 2023 through which it was determined that an application for Zoning By-law Amendment would be required to address a number of site specific variances to the existing zoning, includes setbacks, podium height and parking. The project consulting team is actively working on all required supporting studies and reports with the hopes of submitting a formal application for Zoning By-law Amendment in the near future. The property is proposed to be located within a Protected Major Transit Station Area in the Official Plan Amendment for the "Growing Together" initiative, which are areas intended to support transit through accommodating future growth and development through a mix of residential, office, institutional and commercial uses that provide for connectivity to various modes of transportation and have streetscapes and built forms that are pedestrian and transit friendly. The properties are proposed to be designated as Strategic Growth A in the Official Plan Amendment for the "Growing Together" initiative, which permits all forms of residential development as well as a range of non-residential uses that will support complete communities. Development within a Strategic Growth Area A will have a maximum building height of 8 storeys and a minimum FSR of 0.6. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 424 of 592 The properties are proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment for the "Growing Together" initiative, which permits a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0 and no maximum FSR and no minimum parking requirement. In addition, the SGA -2 Zone requires a maximum building height of 12.0 metres for development within 12 metres of a low-rise residential zone, and a minimum rear yard setback of 7.5 metres for development abutting a low-rise residential zone. 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. supports the proposed Protected Major Transit Station Area and Strategic Growth Area A designation as well as the proposed SGA -2: Mid Rise Growth Zone intended for the subject properties. However, we have some concerns with the proposed provision to limit building height to a maximum of 12.0 metres for development within 12.0 metres of a low-rise residential zone. The requirement to include podiums and building step backs on a mid-sized residential development project may have a very significant impact on building design and layout optimization, particularly on smaller or awkwardly shaped parcels of land. While we agree with the minimum setback requirement of 7.5 metres from a low-rise residential lot as proposed, we believe that the potential impacts associated with building scale and size can be mitigated through appropriate building design considerations rather than a standard requirement to provide for building steps backs. We respectfully request to engage in further discussion regarding this specific issue prior to the finalization of the implementing OPA and ZBA. On behalf of 1000002286 Ontario Ltd. and Legion Heights Victoria Inc. we respectfully request to be notified of all meetings, reports and progress related to the "Growing Together" initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. Kristen Barisdale, MCIP, RPP Vice President, Planning cc. Nasir Salem nc. GSP Group 12 Page 425 of 592 January 26, 2024 Office of Mayor and City Council Planning Division, 2t" Floor 200 King Street West Kitchener, Ontario N2G 4Y9 SHAPING GREAT COMMUNITIES File No. 22263 Attention: Chair Singh and Members of Planning & Strategic Committee Dear Chair Singh: Re: Growing Together Protected Major Transit Station Area Land Use & Zoning Framework Report No. DSD -2024-005 924 to 944 King Street West On behalf of 1000100206 Ontario Inc. (924-938 & 944 King Street West) and 1000187534 Ontario Inc. (940 King Street West), please accept the following commentary and response to the Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework (Report No. DSD -2024-005). This correspondence should be reviewed in conjunction with our correspondence dated November 30, 2023, which has been appended to this letter for ease of reference. The properties are located on the north side of King Street, approximately 100 metres west of Grand River Hospital and associated iON Station. The property is currently occupied by a few small-scale commercial retail and office buildings. 1000100206 Ontario Inc. and 1000187534 Ontario Inc. acquired the above -noted properties with the intent of providing for a consolidated, comprehensive mixed-use, high density redevelopment project. Preliminary discussions occurred with City staff in February 2023 regarding the potential redevelopment of the consolidated site, at which time the City indicated support in principle for future mixed-use redevelopment. A formal Pre -Submission Meeting was held by the City on November 23, 2023 based on a preliminary concept that included a mixed-use, higher density development with ground floor commercial retail units and residential above. The preliminary development concept was purposefully designed to incorporate appropriate building setbacks and step backs from the existing low rise residential uses located on the north side of Dodd's Lane while taking advantage of the rear lane way access. The preliminary development concept included a 30 -storey tower with approximately 319 residential dwelling units as well as underground and podium parking. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE Page 426 of 592 The property is to be located within a Protected Major Transit Station Area in the Official Plan Amendment associated with Staff Report DSD -2024-005 as the site is located approximately 100 metres northwest of the Grand River Hospital iON Station. The properties are proposed to be designated as Strategic Growth Area B in the Official Plan Amendment as part of Staff Report DSD -2024-005, which would accommodate a range of medium and high density residential housing types along with non-residential uses, such as commercial uses, personal services, offices, conference facilities, health-related offices, institutional uses and social service establishments with a maximum building height of 25 storeys, a minimum Floor Space Ratio (FSR) of 1.0 and no maximum FSR. Finally, the properties are proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment as part of Staff Report DSD -2024-005, which permits a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0 and no maximum FSR. As noted in our November 30, 2023 correspondence, 1000100206 Ontario Inc. and 1000187534 Ontario Inc. supports the proposed Protected Major Transit Station Area designation. We believe the subject properties represent an excellent opportunity for intensification proximate to the Grand River Hospital iON Station and can be redeveloped as a high-density, mixed-use project designed to be compatible with and sensitive to the existing low rise residential uses on the north side of Dodds Lane. Further to our November 30, 2023, 1000100206 Ontario Inc. and 1000187534 Ontario Inc. now supports the proposed Strategic Growth Area B designation. However, we continue to believe that the properties would be more appropriately zoned to permit mid to high-rise residential development that is compatible with and sensitive to surrounding land uses. We respectfully request that the properties be considered to be zoned SGA -3: High Rise (Limited) Growth Zone or SGA -4: Hiah Rise Growth Zone by Plannino & Strateaic Initiatives Committee. The subject properties are adjacent to existing low rise residential uses on the north side of Dodd's Lane, which will require attention to future building design in terms of massing, scale and privacy. However, we believe the preliminary design concepts reviewed by the City as part of Pre - Submission Consultation and further revised and appended to our November 30, 2023 demonstrate that the overall site can be designed to be compatible with and sensitive to the low-rise residential uses. Policy 15.D.2.5 of the proposed Official Plan Amendment for the Growing Together initiative allows for the consideration of site-specific applications for Zoning By-law Amendment through the consideration of a number of factors. The following provides a summary of the requirements of GSP Group 12 Page 427 of 592 proposed Policy 15.D.2.5 as well as commentary and justification for the properties to be zoned SGA -4: High Rise Growth Zone as requested. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) Compatibility with the planned function of the The properties are located within a Protected subject lands and adjacent lands Major Transit Station Area, which are areas intended to accommodate a significant portion of future growth and development. The properties are located approximately 100 metres northwest of the Grand River Hospital iON Station; future mixed-use, higher density development will assist the City in achieving the required density target of 160 residents and jobs per hectare identified for this area. A large portion of the area that surrounds the Grand River Transit iON Station is occupied by long-standing local business and a Regional trauma centre and hospital that are unlikely to be redeveloped or intensified in the short to medium-term, significantly impacting the ability to accommodate intensification in the Grand River Hospital iON Station Area. With very limited options for redevelopment along this portion of King Street, the subject properties provide an opportunity for transit - supportive intensification that can be designed to be compatible with and sensitive to surrounding land uses. We believe through building refinements and enhancements, the proposed development could be designed to be compatible with the surrounding uses and reasonably -scaled to provide for appropriate residential intensification proximate to the Grand River Hospital iON Station while adhering to the design objectives of the Strategic Growth Area C designation. b) Suitability of the lot for the proposed use and/or The properties are a consolidation of three (3) built -form legal parcels, which combined create an overall site area of approximately 3,100 square metres. The consolidation of the three GSP Group 13 Page 428 of 592 GSP Group 14 Page 429 of 592 (3) lots with access to both King Street and Dodds Lane allows for the redevelopment of a larger parcel with the ability to accommodate important design considerations along this area of King Street, including site access, building setbacks and steps, height and massing and compatibility. It is our opinion that it is the consolidation of the three (3) lots that makes the overall site suitable for the proposed redevelopment. c) Lot area and consolidation as further outlined in The proposed development concept includes Policy 3.C.2.11 the three (3) properties at 924 to 938 King Street, 940 King Street and 944 King Street. While the properties have not been formally consolidated and technically are owned by two separate legal entities (1000100206 Ontario Inc. and 1000187534 Ontario Inc), the entities are owned by the holding company Fallah Canadian Investment, and there under the same umbrella. Upon the consideration and approval of planning applications that would allow for high-density residential development, the properties will subsequently be merged on title. d) Compliance with the City's Urban Design Manual Urban Design Manual and Policy 11.C.1.34 The preliminary development concept submitted to the City in support of the Request for Pre -Submission Consultation took into consideration applicable policies of the City's Urban Design Manual, including those pertaining to tall buildings (former Tall Building Design Guidelines). The preliminary development concept includes a rear yard tower setback of 8.4 metres from the property rear property line. Coupled with the width of Dodds Lane, the development concept provides for approximately 14 metres of separation between the future tower and the rear lot line of the adjacent low rise residential uses (approximately 24 metres setback from the tower to the existing dwelling units). GSP Group 14 Page 429 of 592 GSP Group 15 Page 430 of 592 In addition, the proposed development includes 21.3 metres tower setbacks for both side yard property boundaries. Proposed Policy 11. C. 1.34 Policy 11. C. 1.34 indicates that new tall building development must have consideration for tall building design principles, including separation, overlook, height, floor plate area, tower placement, orientation and building proportions. The policy further states that the zoning by-law will provide for design regulations to mitigate environmental impacts, create high-quality design, ensure compatibility with surrounding low and mid -rise contexts and ensure the development of future adjacent or nearby buildings are not frustrated. It is our opinion that the development concept demonstrates the subject properties can be redeveloped with a very high degree of sensitivity to and compatibility with surrounding land uses, particularly the existing low rise residential uses on the north side of Dodds Lane. As noted above, the preliminary development concept incorporated a number of urban design guidelines and requirements with respect to tall building design; through further detailed design, we believe that these considerations can be further enhanced to meet the policy objectives of 11. C.1.34. Furthermore, we believe that the development concept creates an opportunity to provide for a high-quality design along King Street with commercial/retail uses at grade, appropriate podium heights and sufficient tower step backs, enhancing the streetscape and skyline alon this portion of King Street. e) Cultural heritage resources, including Policy Not applicable 15. D.2.8 It is our understanding that there are no Designated or Listed heritage resources proximate to the subject properties. GSP Group 15 Page 430 of 592 f) Technical considerations and other contextual or It is our expectation that all technical site specific factors considerations and requirements for a future planning application will be summarized as part of the formal Record of Pre -Submission Consultation. We expect that these technical studies will include but are not limited to a Traffic Impact Study and Parking Justification Report, Stationary and Traffic Noise Impact, Pedestrian Wind Assessment, Urban Design Brief and Planning Justification Report. 1000100206 Ontario Inc. and 1000187534 Ontario Inc. believes that the Growing Together initiative is a positive, comprehensive policy and regulatory initiative undertaken by the City that will continue to encourage investment in transit station areas; they are generally supportive of the strategic policy and regulatory framework as proposed. We look forward to continuing to working and collaborating with staff as we move forward with redevelopment plans for the subject site. On behalf of 1000100206 Ontario Inc. and 1000187534 Ontario Inc., thank you for your review of this commentary and further consideration of our request to zone the properties as SGA -3: High Rise (Limited) Growth Zone or SGA -4: High Rise Growth Zone. We respectfully request to be continued to be notified of all meetings, reports and decisions related to the Growing Together initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. Kristen Barisdale, MCIP, RPP Vice President, Planning cc. Fariborz Fallah, Ian Istvan, Pam Tolton GSP Group 16 Page 431 of 592 N En NUU L1 d CL En N N m LO N o N v Q Q U YLLj LU ❑ 2 Q W 0 a 0� U EL N 71 L N E'c Eti oN.9 m = o w d Nca 04 cODO(0 v� N Maui VMO v 1- rn ¢ C W a N Q LU C�7 Q � � W ` w � 3: �W r 0`v ¢F� WI_ZLD u°J t=ZW0LLU)03 tn�❑UU" li2�c. N 0- 0 [`V)0 ` r) N N a aj Z� C C I 0 I9jNVd Wnl)likldOd .roRY JN3 SJNI71avd oln 3�NtRi1N3 C L, x3aols8� W V z a4 >- J t�ep 1 ❑ p �J0F'R mw Q m o d W h F E W O R N a Q M m❑y mN U)K of u� i � 6,0 o.£ J.3NOlS Z� £'ez �' aZ� Op &819 L W 4] U W Uw Z � " (D or ®i ❑ GN9 N N = N E c0 C N y m Q CO M N C V O a N J J Q � U (7 Z n z LU LU Y co a Q w O U) d Q' C) C N N E v �v .N., 2 E w O m co 7 E 0oI-m � C'4 m C'3p 61 p W) NCA N NN 10co0)1--OZ m N Cl) — LO M .- M O H � 0 LU Q W7 J N a �L w2 x �_ W p Z� c1~ F- LU Z v 0 Q Z w L Z w O w� w— m cn�❑UC7LL r ti I pr 11 to IoNirad wnwo y33Ntla1N d d 3 V9ZA3aOlSZt A38O1S9t c� C7 v Z Y J LL m mw O N M LU � ui E ti E of o N W r H E M O U WMM�r N i( G co E EZ � A�aols s t A3aols z t N e-ez �:NMatld un rl NV81N'a � C PARCADIS Mayor Berry Vrbanovic and Members of Council Kitchener City Hall 200 King Street West, 2nd Floor Kitchener, ON N2G 4G7 Date: January 25, 2024 Our Ref: 111303 Subject: 1928393 Ontario Inc. Request for Proposed Official Plan Amendment and Zoning By -Law Amendment (Growing Together) 181-197 Frederick Street & 134-147 Lancaster Street East, Kitchener Dear Mayor Vrbanovic and Members of Council, On behalf of our client, 1928393 Ontario Inc., owner of the subject lands identified as 181-197 Frederick Street and 134-147 Lancaster Street East, Kitchener, please accept this letter requesting an amendment the City's proposed "Growing Together" Official Plan Amendment and Zoning By -Law Regulations (hereafter the "Growing Together" amendments). As discussed in our letter submitted to City staff on January 10, 2024 (included on page 423-425 of Appendix J to report DSD -2024-005) and on behalf of our client, we are very concerned that our client's long-standing, mixed- use project with 134 residential units in the Frederick Station PMTSA will be subject to unnecessary additional delays and costs due entirely to the highly restrictive transition provisions currently proposed as part of the Growing Together amendments. Based on the below review, we respectfully , 4q nest that City of Kitchener Council amend the proposed Zoning By -Law Amendment (PMTSA lands) in Appendix D by adding the following clause to the end of the list in Section 18.4 (a): xx) 181-197 Frederick Street and 143-147 Lancaster Street East (SP19/086/F/GS) Project Summary and Timeline Our client is proposing to construct 134 units of much needed housing in a mixed-use building within the Frederick Station PMTSA at 181-197 Frederick Street and 134-147 Lancaster Street East. This long-standing project has been subject to the following planning processes and milestones to date: • Site Plan Application SP19/086/F/GS was made on May 24, 2019 and was subsequently reviewed and deemed complete by the City, with a Site Plan Review Committee meeting held on September 4, 2019; • Minor Variance Application A2019-123 was supported by City staff and approved by the Committee of Adjustment on November 19, 2019; • Approval -in -Principle of Site Plan Application SP19/086/F/GS was received from the City on March 12, 2020; • Exemption from Demolition Control Application DC22/031/L/TS was approved on May 31, 2022; • The final Site Plan Agreement was received from the City on January 19, 2024 and is in the process of being registered within the next 2 — 3 weeks. Page 434 6f4592 Mayor Vrbanovic and Members of Council City of Kitchener January 25, 2024 A building permit application has also been made on this project and is on hold pending the registration of the Site Plan Agreement and sufficient pre -sales of residential units to advance to the construction phase, which is typical in these types of projects. Analysis and Implications of "Growing Together" Amendments Based on our review of the "Growing Together" amendments, while the proposed and imminent redevelopment of our client's lands conform to the existing Zoning By -Law 85-1 and approved Minor Variance A2019-123, the redevelopment would not conform to the proposed new restrictions on building height, building setbacks at the 7th storey and above, and minimum landscaped area. Based on the "Growing Together" Official Plan Amendment, these would require further relief by way of another Minor Variance Application. When the City of Kitchener originally adopted Zoning By -Law 2019-051, it included transition provisions as follows, which subsequently have sunset (emphasis addx ): 18.2 COMPLETE APPLICATION TRANSITION MATTERS 1) For the purposes of this Section: a) For the purposes of this Section: i) "complete application" means an application that contains sufficient particulars and information to allow it to be processed and approved. An application that is incomplete becomes a complete application on the date that the required particulars and information are provided to the City. ii) "complied with the provisions of By -Law Number 85-1" means: a. the land, building, or structure fully complies with the provisions of By -Law Number 85-1 as it existed immediately before the effective date of this By -Law; or, b. the land, building, or structure fully complies with a minor variance from the provisions of By -Law Number 85-1 which was approved on or after January 1, 2017. iii) "effective date of this By -Law" means the date on which the lands to which the provisions of section 18 apply, were included on Appendix `A', either through the initial passing of this By - Law, or by amendment. b) Despite Sections 1.7 and 1.8, nothing in this By -Law applies to prevent the issuance of any building permit where: i) a complete application for such building permit was made on or before the effective date of this By -Law and said complete application complied with the provisions of By -Law Number 85-1; or, ii) a complete application for such building permit was made after the effective date of this By - Law and is in respect of a lot to which Subsections c), d) or e) apply and the said complete application complied with the provisions of By -Law Number 85-1; c) Despite Sections 1.7 and 1.8, nothing in the By -Law applies to prevent the issuance of any: i) site plan control approval where a complete application for such site plan control approval was made on or before the effective date of this By -Law and the said complete application complied with the provisions of By -Law 85-1. ii) approval of a minor modification, as determined by the Director of Planning or designate, to an approved site plan which was approved on or after January 1, 2017 where a complete application for such modification was made after the effective date of this By -Law and the said complete application complied with the provisions of By -Law 85-1. www.arcadis.com 2/4 https://ibigroup.sharepoint.com/sites/Projects/111303/Project Documents/02.0 Correspondence/2.2 Ext/PTLvrbanovic_181-197FrederickSt_2024-01-25.docx\2024-0Rage 435 of 592 Mayor Vrbanovic and Members of Council City of Kitchener January 25, 2024 d) Despite Sections 1.7 and 1.8, nothing in the By -Law applies to prevent the issuance of the final approval of a plan of subdivision where draft approval for such plan of subdivision was finally granted. e) Despite Sections 1.7 and 1.8, nothing in the By -Law applies to prevent the issuance of the final approval of a plan of condominium where: i) draft approval for such plan of condominium was finally granted; or, ii) A complete application for plan of condominium was made after the effective date of this By - Law and is in respect of a lot to which Subsection b) applies and the said complete application complied with the provisions of By -Law Number 85-1; 18.3 TRANSITION SUNSET CLAUSE Secitoos -16. 1 to 16.1 ate autoirldelca iy repealed on the third anniversary of the effective date of this By - and the provisions of Section 34(9) of the Planning Act shall thereafter apply in respect of any buildings, structures, or uses established or erected pursuant to any such complete application. The proposed new transition provisions in Section 18.4 for the "Growing Together" Zoning By -Law Amendment provide similar flexibility, but only for lands specifically identified by staff. The effect of the proposed transition regulations would be to prevent a building permit being issued for our client's long -planned, fully designed, City staff -supported mixed-use building containing 134 residential units on or after the effective date of the "Growing Together" Zoning By -Law Amendment. The current proposed transition provisions are too narrowly scoped as they exclude projects that made complete applications conforming to or meeting the general intent of the City of Kitchener's Zoning By - Law and so did not require Council approval. That is, projects that were most in line with existing approved Zoning By -Law regulations, including our client's, may require further public processes and encounter further costs and delays while those projects that required Zoning By -Law amendments can proceed. This approach fundamentally does not seem right or fair and is tantamount to a "downzoning" in the case of the subject property based on compliance to By -Law 85-1 permissions for the subject property along with previously approved Minor Variance Application A2019-123, supported by City planning staff and the Committee of Adjustment. We further believe that a downzoning of our client's lands is not in accordance with the fundamental objectives of the "Growing Together" amendments. Based on the above comments and as previously noted, we respectfully request that City of Kitchener Council amend the proposed Zoning By -Law Amendment (PMTSA) in Appendix D by adding the following clause to the end of the list in Section 18.4 (a): xx) 181-197 Frederick Street and 143-147 Lancaster Street East (SP19/086/F/GS) www.arcadis.com 3/4 https://ibigroup.sharepoint.com/sites/Projects/111303/Project Documents/02.0 Correspondence/2.2 Ext/PTLvrbanovic_181-197FrederickSt_2024-01-25.docx\2024-0 age 436 of 592 Mayor Vrbanovic and Members of Council City of Kitchener January 25, 2024 Conclusion We appreciate the opportunity to provide input to the City and to Cc process. We are available and eager to discuss this matter further � considering the Growing Together amendments. Respectfully Submitted, ARCADIS PROFESSIONAL SERVICES (CANADA) INC. Je �en'y, M.A. Planning Urban Planner JH/VL/baw Victor Labrecha, RPP, MCIP Associate Principle — Practice Lead, Planning cc: Erik Olsen, 1928393 Ontario Inc. Rosa Bustamante, Director of Planning and Housing Policy / City Planner Natalie Goss, Manager, Policy & Research Garett Stevenson, Manager of Development Review Adam Clark, Senior Urban Designer John Zunic, Senior Planner Mariah Blake, Planning and Strategic Initiatives Committee Coordinator www.arcadis.com 4/4 https://ibigroup.sharepoint.com/sites/Projects/111303/Project Documents/02.0 Correspondence/2.2 EXt/PTLvrbanovic 181-197FrederickSt_2024-01-25.docx\2024-Page 437 of 592 �KITCHENER ! WOODBRIDGE I LONDON 9 BARRIE I BURLINGTON PLANNING III URBAN DESIGN LANDSCAPE Y E A R s MHBC ARCHITECTURE January 24, 2024 Chair, Councillor Singh And Members of Planning & Strategic Initiatives Committee RE: Submission on Kitchener "Growing Together", 390-499 King Street West OUR FILE: Y202AZ On behalf of our client, Hallman Construction Limited, please accept this request for modification to the `Growing Together' draft documents and support and justification for the request. The comments relate to one of the largest block opportunities for intensification within the Urban Growth Centre. The block of lands located on the north side of King Street West, between Water Street North and Francis Street South (the subject lands). Request for Modifications to the Official Plan and Zoning By-law Amendments: It is requested that Committee support the following modifications to the Official Plan and Zoning By-law Amendments, as follows: IJ Designate the lands as Strategic Growth Area "C" (from Strategic Growth Area "B"); and, 2/ Zone the lands SGA -4 {from SGA -Z} Rationale and Justification for Request: The Strategic Growth Area "C" and SGA -4 Zone are appropriate for the subject lands, based on the following: • Public Consultation through Growing Together identified the lands for high rise buildings - The map illustrating "where workshop participants placed buildings" shows that participants placed high rise buildings on the majority of the subject lands. Participants did not place low or mid -rise buildings on the subject lands. • Directly adjacent to the LRT and within walking distance to 3 LRT station stops and within walking distance of the future transit hub. The SGA -4 Zone would promote more dense development for transit supportive development in association with the LRT and transit hub. The location will also support alternative transpiration modes in the Downtown. Page 438 of 592 • Building renderings illustrate that the subject lands can be comprehensively designed and meet objectives of the policy – the building design addresses the design policies in the PMTSA, including: Rendering of King Street Facade from Francis Streetscape design supports safe Street and comfortable public use of the street; ti I c A high quality public realm is designed with interaction with the - street through a use of mixed uses, public spaces and squares and opportunity to provide an active street frontage and, where} - possible, increase tree canopy -AL—AL within the boulevard; Create active space along the boulevard with direct connections from the private development to the public realm for the commercial uses and for potential public squares and open spaces; E_ Provide for a pedestrian connection through the site that is aligned with pedestrian connectivity for lands to the south; and, Establish creative building facades and intersection treatments through buildings and landscaping as gateway features and wayfinding areas. • Building design would support the use of King Street as a primary retail and events destination –the proposed ground floor commercial and retail uses in combination &&during of Karg street Facade Nixi-black with the public realm considerations between Fiancis St and Water St support the continued objective for the '' .00 tee Downtown. The proposed building � design establishes a base/podium that ranges between 5-8 storeys to maintain massing that is supportive of the public realm in DTK. Buildings can be designed to comply -IMAM with the SG -4 Zone – the block can be designed to accommodate the criteria of the SG -4 Zone. A pre -application meeting was held with City staff and minor technical comments were raised with the building design. Generally, we understand that City staff support the building design and overall proposed approach to redevelopment. • Surrounding lands have higher density permissions and higher density would be compatible - lands immediately to the North of this block on the opposite side Bell's Lane frontage on Duke Street have been assigned the SGA -4 zone lands. The subject lands are not adjacent to any low rise residential zones, and therefore have no land use compatibility concerns. Higher density developments are occurring, planned or approved within Page 439 of 592 proximity of the subject lands, including but not limited to: 30 Francis, 1 Victoria; 60 Charles Street; City Centre Phase 1 and 2; Station Park, 100 Victoria, 60 Duke St. W (DTK) and 97 Park Street. The larger scale of transit supportive development is compatible with the scale and complementary to these developments. • Lands do not fit the Strategic Growth Area B intention and are more aligned with the Strategic Growth Area C designation — the following is a comparison of the intent of SGA A is intended as follows: SGA B Intent Subject Lands and SGA C For transition from Low density Within DTK and surrounded by lands designated Strategic Area C. Lands are centrally located within the UGC intensification Area No low rise residential adjacent to the lands. No low rise residential on the subject lands Lands are directly adjacent to Rapid Transit Stations Where lots are too small to support high-rise The subject lands are the largest consolidated block buildings within DTK for intensification. No land assembly is required for redevelopment Consideration for infill' development Opportunity for a full comprehensive transit supportive development In conclusion, the request would result in creating: - Transit supportive density with high quality design that supports the vision and objectives of DTK as a vibrant place with the a mix of uses to support peoples needs any day of the week; - Population and jobs to support a connect community in DTK through mix of commercial, office and residential uses; - Pedestrian friendly streetscape that supports an active King Street; and, - High quality design to continue to build on the successful City investment in DTK into the future. We request that City staff be directed to make the requested modifications prior to Council consideration of the final amendment documents. Yours truly, MHBC David W. Aston, MSc, MCIP, RPP Vice -President C. Natalie Goss, Paul Grespan, Jim Hallman 3 Page 440 of 592 `a' 1 6 , J l Sit ,�• �. _. ` �. �, - wRm WV �3-^ •'r J� Yui r - itmgo 4L Ak 4L Ift moo - IM ARE&— 1 SMIS Ilk I AIJABA ZEN. AW ff'A�M 5 1 ire" Ia- Affiet A&L/ff'/Ajwii-- Af 104�,,_ /q I 5 0 trA 0 1% January 29, 2024 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4Y9 SHAPING GREAT COMMUNITIES File No. 21274 Attention: Chair Singh and Members of Planning and Strategic Initiatives Committee Dear Chair Singh: Re: Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework (Report No. DSD -2024-005) 85 Weber Street West and 60 & 66 College Street, Kitchener GSP Group represents the owners of 85 Weber Street West and 60 & 66 College Street in downtown Kitchener (the "Site"). We have reviewed the above -noted staff report and note that the Site is proposed to be zoned SGA -3 (Attachment D - Appendix A - Zoning Grid Schedule 84). We submitted a letter on November 30, 2023 (attached — letter also contained in Attachment G starting at page 200) regarding the Draft Growth Together document requesting consideration for a site-specific SGA - 4 to support the redevelopment of the Site. In fact as noted in our November 30, 2023, we have taken steps toward advancing the redevelopment of this Site, through a formal pre -consultation in July 2022 and have had follow-up discussions with City staff. Since the release of the current staff report we have reached out to City planning staff and they have confirmed they are not supportive of a site-specific SGA -4 for the Site at this time. However, with that said we also understand that staff remain open to considering an applicant -initiated planning application for the Site in the future. While we will still believe the Site meets the criteria for consideration for the SGA -4 zone, we look forward to presenting all full redevelopment proposal in the near future. Thank you for the consideration of our comments. Should you have any questions or require any additional information, please do not hesitate to contact me. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE 72 Victoria St. S., Suite 201, Kitchener, ON, N2G 4Y9 162 Locke St. S., Suite 200, Hamilton, ON, L8P 4A9 gspgroup.ca Page 446 of 592 Sincerely, GSP Group Inc. Hugh Handy, MCIP, RPP Vice President hhandy(o-)_gspgroup.ca 519-242-5351 cc Clients Natalie Goss, City of Kitchener Adam Clark, City of Kitchener GSP Group 12 Page 447 of 592 November 30, 2023 City of Kitchener Planning Division, 6th Floor 200 King Street West Kitchener, Ontario N2G 4Y9 Attention: Natalie Goss, MCIP, RPP Manager, Policy and Research Dear Ms. Goss: Re: Growing Together Response to November 2023 Draft Materials 85 Weber Street West and 60 & 66 College Street SHAPING GREAT COMMUNITIES File No. 21274 We are writing on behalf of the owners of 85 Weber Street West and 60 & 66 College Street in downtown Kitchener (the "Site"). In the November 3, 2023 draft planning instruments published through Growing Together, the Site is proposed to be designated Strategic Growth Area C and Zoned SGA -3. We are in support of the Strategic Growth Area C designation. We are requesting consideration through the Growing Together initiative that the Site be zoned Special Growth Area Four (SGA -4) with a Site-specific Special Provisions to address the required setbacks and physical separation. On July 26, 2022, GSP Group, project architect ABA Architects, and the owners of the Site had a pre -submission consultation meeting regarding a 32 -storey development on the Site. The City was generally supportive of the proposal, indicating the location is suitable for redevelopment to contribute to the achievement of the intensification target for the Urban Growth Centre. Further to this pre -submission consultation meeting, discussions were held with the City to demonstrate how the Site would not impact the development potential of the abutting properties at the intersection of Weber and Water Streets, which is also proposed to be designated Strategic Growth Area C and zoned SGA -3. It is our understanding that the following criteria are to be addressed as part of the request for consideration to be zoned SGA -4: 1) Proof of lot ownership. The three lots comprising the Site are under the ownership of two separate groups, who have partnered to explore the redevelopment potential of the Site, as indicated in the pre -submission consultation. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE 72 Victoria St. S., Suite 201, Kitchener, ON, N2G 4Y9 162 Locke St. S., Suite 200, Hamilton, ON, L8P 4A9 gspgroup.ca Page 448 of 592 2) Zoning compliance with SGA -4. The enclosed zoning compliance chart confirms general compliance of the proposed development relative to the draft SGA -3 and SGA -4 Zones. It illustrates that the proposed development complies with all aspects of both zones except the height limit of the SGA -3 Zone and the setback and physical separation requirements of both the SGA -3 and SGA -4 zones. 3) Planning Justification relative to the criteria for changing zoning within the Major Transit Station Areas as set out in draft Official Plan policy 15.D.2.5. The subsections that follow provide a planning opinion relative the six criteria of draft policy 15.D.2.5. 15. D. 2.5a) compatibility with the planned function of the subject lands and adjacent lands The Site and abutting lands to the south and west are proposed to be designated Strategic Growth Area C, and zoned SGA -3, while the lands to the east on College Street are proposed to be designated Strategic Growth Area C and zoned SGA -4. The planned function of the Strategic Growth Area designations is to provide opportunities to accommodate intensification, including housing, that is transit -supportive in close proximity to ION rapid transit. The Strategic Growth Area C designation is intended to accommodate significant intensification at high density. The proposed development conforms to the planned function of this designation, as it is a high density development. The properties across to the north of the Site across Weber Street are part of the Civic Centre Neighbourhood Heritage Conservation District (HCD), and are proposed to be designated Strategic Growth Area A. The properties along Weber Street in the HCD are proposed to be zoned SGA -2, which indicates there may be some level of development anticipated in this area, with heights permitted up to 8 storeys. As tall buildings are permitted in each direction from the Site, with mid -rise permitted to the east across Weber Street, a Regional road, the proposed development will transition appropriately to the planned uses of each. 15. D. 2.5b) suitability of the lot for the proposed use and/or built -form. The Site is suitable for the proposed development because it is within the Urban Growth Centre, and close walking distance to both the current and future location of the Kitchener GO Station, and is near both the Central and Kitchener City Hall ION Stations. The Site is an appropriate size for redevelopment, meeting the requirements of the SGA -3 and SGA -4 zones, and further, is appropriately dimensioned to ensure efficient vehicular and pedestrian circulation within and around the Site. GSP Group 12 Page 449 of 592 15. D. 2.5c) lot area and consolidation as further outlined in Policy 3. C. 2.11. The Site is an assembly of three smaller parcels and has an area of 2,493 sq m (after road widenings), exceeding the minimum lot area required for the SGA -4 Zone. 15. D. 2.5d) compliance with the City's Urban Design Manual and Policy 11. C.1.34. The proposed development was prepared by taking into consideration the applicable policies of the City's Urban Design Manual, including those pertaining to tall buildings (former Tall Building Design Guidelines). The point tower is oriented towards the intersection of Weber Street and College Street, providing spacing and distance to the existing lower rise built forms to the west. The at -grade residential units have entrances from the street, contributing to an active streetscape. Further to the above, an Urban Design Report will be required as part of an OPA/ZBA application and is anticipated to remain a requirement of Site Plan Approval if an OPA/ZBA is ultimately not required. 15. D. 2.5e) cultural heritage resources, including Policy 15. D.2.8. A Cultural Heritage Evaluation Report (CHER) was prepared by MHBC in April 2023 to assess the heritage potential of the Site. The evaluation determined that while the property of 66 College Street contains a building that is representative of the Queen Anne architectural style, this property does not meet any other criteria and therefore does not warrant designation under the Ontario Heritage Act. The properties addressed as 60 College Street and 85 Weber Street West do not meet any of the legislated criteria. 15. D. 2.5f) technical considerations and other contextual or site specific factors. Based on the record of pre -submission consultation, a Planning Justification Report, Urban Design Report, Scoped Heritage Impact Assessment, Parking Justification Study, and Environmental and Stationary Noise Reports would be required as part of a complete application. As each of the SGA zones removes required parking, and as a CHER has been prepared, it is not anticipated that any technical considerations or site specific factors would prohibit achieving the additional height granted by the SGA -4 zone. Thank you for consideration of our request. I trust that the forgoing submission is sufficient to consider our request for consideration of the SGA -4 Zone with a Site-specific Special Provision to permit a reduction of the setbacks, as outlined in the attached zone chart. Please do not hesitate to contact me if you have any questions or require any additional information. Sincerely, GSP Group Inc. GSP Group 13 Page 450 of 592 w L4 Hugh Handy, MCIP, RPP Vice President hhandy(a-)-gspgroup.ca 519-242-5351 Cc Clients GSP Group 14 Page 451 of 592 Zoning Compliance Table Provision (32 storey building) SGA -4 Proposed Minimum lot width 42 m 4 65 m Minimum lot area 2,000 sq m 2,493 sq m Minimum yard setback 3 m 2.5 m interior yard 16 m rear yard Minimum building base height 2 storeys NIA Maximum building base height 6 storeys 4-6 storeys Minimum fagade street openings 10% TBD Minimum street line facade openings 20% TBD Minimum front and exterior side yard setback 6 m 0 m Maximum building length 48 m 44 m Maximum floor plate area 900 sq m 760 sq m Physical separation 12 m 8.5 m Private amenity area 8 sq m 1 unit TBD GSSP Group 15 Page 452 of 592 January 29, 2024 Office of Mayor and City Council Planning Division, 2t" Floor 200 King Street West Kitchener, ON N2G 4Y9 SHAPING GREAT COMMUNITIES File No. 23246 Attention: Chair Singh and Members of Planning & Strategic Committee Dear Chair Singh: Re: Growing Together Protected Major Transit Station Area Land Use & Zoning Framework Report No. DSD -2024-005 924 to 944 King Street West On behalf of Snider Corporation, please accept the following commentary and response to the Growing Together — Protected Major Transit Station Area Land Use and Zoning Framework (Report No. DSD -2024-005). This correspondence should be reviewed in conjunction with our correspondence dated December 20, 2023 (see attached) Snider Corporation acquired 49, 51 and 53 Pine Street with the intent of providing for a consolidated, comprehensive mixed-use, mid to high density redevelopment project. Snider Corporation is currently pursuing the acquisition of 55 Pine Street, to be consolidated with 49 to 53 Pine Street. The properties are located on the north side of King Street, approximately 200 metres north of Grand River Hospital and associated iON Station. The properties are currently occupied by existing low-rise residential uses. The properties are proposed to be located within a Protected Major Transit Station Area in the Official Plan Amendment as part of Staff Report DSD -2024-005. The properties are proposed to be designated as Strategic Growth Area A in the Official Plan Amendment as part of Staff Report DSD -2024-005, which are areas intended to accommodate intensification within predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit Station stops, and/or lands where existing lots are generally too small to support high- rise buildings. The Strategic Growth Area A designation will accommodate a range of low and medium density residential uses, along with compatible non-residential uses, with maximum building height of 8 storeys and a minimum Floor Space Ratio (FSR) of 0.6. Finally, the properties are proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment as part of Staff Report DSD -2024-005, which permits a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0 and no maximum FSR. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE 72 Victoria St. S., Suite 201, Kitchener, ON, N2G 4Y9 162 Locke St. S., Suite 200, Hamilton, ON, L8P 4A9 gspgroup.ca Page 453 of 592 Snider Corporation supports the proposed Protected Major Transit Station Area designation. We believe the subject properties represent an excellent opportunity for intensification proximate to the Grand River Hospital iON Station and can be redeveloped as a high-density, mixed-use project designed to be compatible with and sensitive to the existing low rise residential uses on the north side of Dodds Lane. However, Snider Corporation does not support the proposed Strategic Growth Area A designation in the Official Plan Amendment as part of Staff Report DSD -2024-005. We request the properties be designated Strategic Growth Area B in the Official Plan as part of Staff Report DSD -2024-005. The subject properties combined represent a small pocket of existing low rise residential uses on the east side of Pine Street; the subject properties are situated between Mount Hope Cemetery to the north, additional municipal open space to the east and existing surface parking lot the south. The subject properties are separated from the existing low rise residential uses on Mary Street and Herbert Street by Pine Street. The subject properties are within 200 metres from the Grand River Hospital iON Station and as consolidated, create a moderately sized parcel for redevelopment. As indicated in our December 20, 2023, the above -noted properties have recently been consolidated in ownership — they effectively, combined, comprise the small area located between the existing municipal surface parking lot (proposed to be designated as Strategic Growth Area B) and Mount Hope Cemetery. The Strategic Growth Area A designation has been applied to the existing low rise residential cluster along Mary Street and Herbert Street. The subject properties have the same proposed designation of Strategic Growth Area A but are located on the opposite of Pine Street and are separated from the low-rise residential neighbourhood by Pine Street itself. Please refer to figure below: It is our opinion that applying the Strategic Growth Area B designation to the subject properties would result in a logical rounding out of this area, providing opportunities for future intensification proximate to the Grand River iON Station that are more separated from low-rise residential uses and GSP Group 12 Page 454 of 592 part of a larger area contemplated for more intensified redevelopment as part of the proposed Official Plan Amendment. We believe that the redevelopment of the subject properties can be designed to be compatible with and sensitive to the existing open space use to the north and east, and existing low-rise residential uses to the east, as demonstrated by preliminary development concepts appended to our December 20, 2023 correspondence. Policy 15.D.2.5 of the proposed Official Plan Amendment as part of Staff Report DSD -2024-005 allows for the consideration of site-specific applications for Zoning By-law Amendment through the consideration of a number of factors. The following provides a summary of the requirements of proposed Policy 15.D.2.5 as well as commentary and justification for the properties to be zoned SGA -3: High Rise Growth Zone (Limited) as requested. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) Compatibility with the planned function of the The properties are located within a Protected subject lands and adjacent lands Major Transit Station Area, which are areas intended to accommodate a significant portion of future growth and development. The properties are located approximately 200 metres north of the Grand River Hospital iON Station, which can be accessed directly via Pine Street; future mixed-use, mid to high- density development will assist the City in achieving the required density target of 160 residents and jobs per hectare identified for this area. A large portion of the area that surrounds the Grand River Transit iON Station is occupied by long-standing local business and a Regional hospital that are unlikely to be redeveloped or intensified in the short to medium-term, significantly impacting the ability to accommodate intensification in the Grand River Hospital iON Station Area. With very limited options for redevelopment along around the Grand River Hospital iON Station, the subject properties provide an opportunity for transit -supportive intensification that can be designed to be compatible with and GSP Group 13 Page 455 of 592 GSP Group 14 Page 456 of 592 sensitive to surrounding open space and low- rise residential land uses. We believe the proposed development of the subject properties can be designed to be compatible with the surrounding uses and reasonably scaled to provide for appropriate residential intensification proximate to the Grand River Hospital iON Station while adhering to the design objectives of the Strategic Growth Area 8 designation. b) Suitability of the lot for the proposed use and/or The properties are a consolidation of four (4) built -form legal parcels, which combined create an overall site area of approximately 1,343 square metres. The consolidation of the four (4) lots with access to a local road (Pine Street) allows for the redevelopment of a larger parcel with the ability to accommodate important design considerations, including site access, building setbacks and steps, height and massing and compatibility. It is our opinion that it is the consolidation of the four (4) lots that makes the overall site suitable for the proposed redevelopment. c) Lot area and consolidation as further outlined in The proposed development concept includes Policy 3.C.2.11 the four (4) properties at 49, 51, 53 and 55 Pine Street. The properties at 49, 51 and 53 Pine Street have been acquired by Snider Corporation (currently under the same umbrella company); Snider Corporation is currently in the process of acquiring the property at 55 Pine Street Upon the consideration and approval of planning applications that would allow for mid to high-density residential development, the properties will be merged on title. d) Compliance with the City's Urban Design Manual The preliminary development concept and Policy 11.C.1.34 submitted in support of this request takes into consideration the proposed zoning regulations and development standards associated with the SGA -3 Zone as well as the applicable policies of the City's Urban Design Manual, including those pertaining to tall buildings. The preliminary development concept proposes a 25 -storey tower with GSP Group 14 Page 456 of 592 GSP Group 15 Page 457 of 592 approximately 140 dwelling units and includes a rear yard tower setback and side yard tower setback of 6.0 metres where the subject properties abut open space currently owned by the City and Mount Hope Cemetery. The preliminary development concept has been designed to include appropriate tower stepbacks, as specified in the draft Zoning By- law for the "Growing Together" initiative. The preliminary development concept includes two access points to an underground and podium parking with the provision of a total 58 parking spaces (approximately 0.41 spaces per unit). Policy 11. C. 1.34 of the proposed Official Plan Amendment for the "Growing Together" initiative indicates that new tall building development must have consideration for tall building design principles, including separation, overlook, height, floorplate area, tower placement, orientation and building proportions. The policy further states that the zoning by-law will provide for design regulations to mitigate environmental impacts, create high-quality design, ensure compatibility with surrounding low and mid - rise context and ensure the development of future adjacent or nearby buildings are not frustrated. It is our opinion that the preliminary development concept demonstrates the subject properties can be redeveloped with sensitivity to and compatibility with surrounding open space and low-rise residential land uses. The preliminary development concept has incorporated a number of urban design guidelines and requirements with respect to tall building design; through further detailed design, we believe that these considerations can be further enhanced to meet the policy objectives of 11.C.1.34. e) Cultural heritage resources, including Policy Not applicable 15. D.2.8 GSP Group 15 Page 457 of 592 Our initial correspondence on December 20, 2023 requested the City to consider applying the SGA - 3: High Rise Growth Zone (Limited) to the subject properties. We continue to believe that the properties should zoned to permit mid to high-rise residential development that is compatible with and sensitive to surrounding land uses. We respectfully request the properties be zoned SGA -3: Hiah Rise Growth Zone (Limited) in the Zonina By-law Amendment as cart of Staff Resort DSD -2024-005. Snider Corporation believes that the Growing Together initiative is a positive, comprehensive policy and regulatory initiative undertaken by the City that will continue to encourage investment in transit station areas; they are generally supportive of the strategic policy and regulatory framework as proposed. We look forward to continuing to work and collaborate with staff as we move forward with redevelopment plans for the subject properties. Thank you for taking the time to review our commentary and requests. On behalf of Snider Corporation, we respectfully request to be notified of all meetings, reports and decisions related to the Growing Together initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. Kristen Barisdale, MCIP, RPP Vice President, Planning cc. Gord Snider, Snider Corporation GSP Group 16 Page 458 of 592 It is our understanding that there are no Designated or Listed heritage resources proximate to the subject properties. f) Technical considerations and other contextual or It is our expectation that all technical site specific factors considerations and requirements for a future planning application will be summarized as part of the formal Record of Pre -Submission Consultation. We expect that these technical studies will include but are not limited to a Traffic Impact Study and Parking Justification Report, Stationary and Traffic Noise Impact, Pedestrian Wind Assessment, Urban Design Brief and Planning Justification Report. Our initial correspondence on December 20, 2023 requested the City to consider applying the SGA - 3: High Rise Growth Zone (Limited) to the subject properties. We continue to believe that the properties should zoned to permit mid to high-rise residential development that is compatible with and sensitive to surrounding land uses. We respectfully request the properties be zoned SGA -3: Hiah Rise Growth Zone (Limited) in the Zonina By-law Amendment as cart of Staff Resort DSD -2024-005. Snider Corporation believes that the Growing Together initiative is a positive, comprehensive policy and regulatory initiative undertaken by the City that will continue to encourage investment in transit station areas; they are generally supportive of the strategic policy and regulatory framework as proposed. We look forward to continuing to work and collaborate with staff as we move forward with redevelopment plans for the subject properties. Thank you for taking the time to review our commentary and requests. On behalf of Snider Corporation, we respectfully request to be notified of all meetings, reports and decisions related to the Growing Together initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. Kristen Barisdale, MCIP, RPP Vice President, Planning cc. Gord Snider, Snider Corporation GSP Group 16 Page 458 of 592 *� GSP group December 20, 2023 City of Kitchener Planning Division, 6th Floor 200 King Street West Kitchener, Ontario N2G 4Y9 Attention: Natalie Goss, MCIP, RPP Manager, Policy and Research Dear Ms. Goss: Re: Growing Together Response to November 2023 Draft Materials 49, 51, 53 and 55 Pine Street SHAPING GREAT COMMUNITIES File No. 23246 On behalf of Snider Corporation, please accept the following commentary and response to the draft OPA and ZBA documents released on November 3, 2023 for the "Growing Together" initiative as related to the above -noted properties. Snider Corporation has acquired 49, 51 and 53 Pine Street with the intent of providing for a consolidated, comprehensive mixed-use, mid to high density redevelopment project. Snider Corporation is currently pursuing the acquisition of 55 Pine Street, to be consolidated with 49 to 53 Pine Street. The properties are located on the north side of King Street, approximately 200 metres north of Grand River Hospital and associated iON Station. The property is currently occupied by existing low-rise residential uses. It is my understanding you had previous discussions and correspondence with Snider Corporation regarding the subject properties as they relate to the "Growing Together" initiative. The property is proposed to be located within a Protected Major Transit Station Area in the Official Plan Amendment for the "Growing Together" initiative, which are areas intended to support transit through accommodating future growth and development through a mix of residential, office, institutional and commercial uses that provide for connectivity to various modes of transportation and have streetscapes and built forms that are pedestrian and transit friendly. The properties are located approximately 200 metres north of the Grand River Hospital iON Station, which will be planned to achieve a minimum density of 160 residents and jobs per hectare. The properties are proposed to be designated as Strategic Growth Area A in the Official Plan Amendment for the "Growing Together" initiative, which are areas intended to accommodate intensification within predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit Station stops, and/or lands where existing lots are generally too small to support high - PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE 72 Victoria St. S., Suite 201, Kitchener, ON, N2G 4Y9 162 Locke St. S., Suite 200, Hamilton, ON, L8P 4A9 gspgroup.ca Page 459 of 592 rise buildings. The Strategic Growth Area A designation is intended to accommodate a range of low and medium density residential uses, along with compatible non-residential uses, with maximum building height of 8 storeys and a minimum Floor Space Ratio (FSR) of 0.6. Finally, the properties are proposed to be zoned SGA -2: Mid Rise Growth Zone in the Zoning By-law Amendment for the "Growing Together" initiative, which permits a range of low and medium -rise residential uses with a maximum building height of 8 storeys, a minimum FSR of 1.0 and no maximum FSR. Snider Corporation supports the proposed Protected Maior Transit Station Area designation. We believe the subject properties represent an excellent opportunity for intensification proximate to the Grand River Hospital iON Station and can be redeveloped as a high-density, mixed-use project designed to be compatible with and sensitive to the existing low rise residential uses on the north side of Dodds Lane. However, Snider Corporation does not support the proposed Strategic Growth Area A designation and the SGA -2: Mid Rise Growth Zone as applied to the properties. We request the properties be designated Strategic Growth Area B and zoned SGA -3: High Rise Growth Zone (Limited). The subject properties combined represent a small pocket of existing low rise residential uses on the east side of Pine Street; the subject properties are situated between Mount Hope Cemetery to the north, additional municipal open space to the east and existing surface parking lot the south. The subject properties are separated from the existing low rise residential uses on Mary Street and Herbert Street by Pine Street. The subject properties are within 200 metres from the Grand River Hospital iON Station and as consolidated, create a moderately sized parcel for redevelopment. It is our opinion that redevelopment of the subject properties can be designed to be compatible with and sensitive to the existing open space use to the north and east, and existing low-rise residential uses to the east, as demonstrated by the appended preliminary development concepts. Policy 15.D.2.5 of the proposed Official Plan Amendment for the "Growing Together" initiative allows for the consideration of site-specific applications for Zoning By-law Amendment through the consideration of a number of factors. The following provides a summary of the requirements of proposed Policy 15.D.2.5 as well as commentary and justification for the properties to be zoned SGA -3: High Rise Growth Zone (Limited) as requested. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) Compatibility with the planned function of the The properties are located within a Protected subject lands and adjacent lands Ma"or Transit Station Area, which are areas GSP Group 12 Page 460 of 592 GSP Group 13 Page 461 of 592 intended to accommodate a significant portion of future growth and development. The properties are located approximately 200 metres north of the Grand River Hospital iON Station, which can be accessed directly via Pine Street, future mixed-use, mid to high- density development will assist the City in achieving the required density target of 160 residents and jobs per hectare identified for this area. A large portion of the area that surrounds the Grand River Transit iON Station is occupied by long-standing local business and a Regional hospital that are unlikely to be redeveloped or intensified in the short to medium-term, significantly impacting the ability to accommodate intensification in the Grand River Hospital iON Station Area. With very limited options for redevelopment along around the Grand River Hospital iON Station, the subject properties provide an opportunity for transit -supportive intensification that can be designed to be compatible with and sensitive to surrounding open space and low- rise residential land uses. We believe the proposed development of the subject properties can be designed to be compatible with the surrounding uses and reasonably scaled to provide for appropriate residential intensification proximate to the Grand River Hospital iON Station while adhering to the design objectives of the Strate is Growth Area 8 designation b) Suitability of the lot for the proposed use and/or The properties are a consolidation of four (4) built -form legal parcels, which combined create an overall site area of approximately 1,343 square metres. The consolidation of the four (4) lots with access to a local road (Pine Street) allows for the redevelopment of a larger parcel with the ability to accommodate important design considerations, including site access, building setbacks and steps, height and massing and compatibility. It is our o inion that it is the consolidation of the four GSP Group 13 Page 461 of 592 GSP Group 14 Page 462 of 592 (4) lots that makes the overall site suitable for the proposed redevelopment. c) Lot area and consolidation as further outlined in The proposed development concept includes Policy 3.C.2.11 the four (4) properties at 49, 51, 53 and 55 Pine Street. The properties at 49, 51 and 53 Pine Street have been acquired by Snider Corporation (currently under the same umbrella company); Snider Corporation is currently in the process of acquiring the property at 55 Pine Street Upon the consideration and approval of planning applications that would allow for mid to high-density residential development, the properties will be merged on title. d) Compliance with the City's Urban Design Manual The preliminary development concept and Policy 11.C.1.34 submitted in support of this request takes into consideration the proposed zoning regulations and development standards associated with the SGA -3 Zone as well as the applicable policies of the City's Urban Design Manual, including those pertaining to tall buildings. The preliminary development concept proposes a 25 -storey tower with approximately 140 dwelling units and includes a rear yard tower setback and side yard tower setback of 6.0 metres where the subject properties abut open space currently owned by the City and Mount Hope Cemetery. The preliminary development concept has been designed to include appropriate tower stepbacks, as specified in the draft Zoning By- law for the "Growing Together" initiative. The preliminary development concept includes two access points to an underground and podium parking with the provision of a total 58 parking spaces (approximately 0.41 spaces per unit). Policy 11. C. 1.34 of the proposed Official Plan Amendment for the "Growing Together" initiative indicates that new tall building development must have consideration for tall building design principles, including separation, overlook, height, floorplate area, tower placement, orientation and building proportions. The policy further states that the GSP Group 14 Page 462 of 592 Based on the commentary noted above, we believe that the properties should be designated and zoned to permit mid to high-rise residential development that is compatible with and sensitive to surrounding land uses. We respectfully request the properties be designated as Strategic Growth Area B as part of the proposed Official Plan Amendment and zoned SGA -3: Hiah Rise Growth Zone (Limited) as cart of the aroaosed Zonina By-law Amendment for the "Growing Toaether" initiative. We would like to meet with City staff to review this request in further detail, in advance of finalizing the proposed Official Plan and Zoning By-law Amendments for the "Growing Together" initiative. GSP Group 15 Page 463 of 592 zoning by-law will provide for design regulations to mitigate environmental impacts, create high-quality design, ensure compatibility with surrounding low and mid - rise context and ensure the development of future adjacent or nearby buildings are not frustrated. It is our opinion that the preliminary development concept demonstrates the subject properties can be redeveloped with sensitivity to and compatibility with surrounding open space and low-rise residential land uses. The preliminary development concept has incorporated a number of urban design guidelines and requirements with respect to tall building design; through further detailed design, we believe that these considerations can be further enhanced to meet the policy objectives of 11. C. 1.34. e) Cultural heritage resources, including Policy Not applicable 15. D.2.8 It is our understanding that there are no Designated or Listed heritage resources proximate to the subject properties. f) Technical considerations and other contextual or It is our expectation that all technical site specific factors considerations and requirements for a future planning application will be summarized as part of the formal Record of Pre -Submission Consultation. We expect that these technical studies will include but are not limited to a Traffic Impact Study and Parking Justification Report, Stationary and Traffic Noise Impact, Pedestrian Wind Assessment, Urban Design Brief and Planning Justification Report. Based on the commentary noted above, we believe that the properties should be designated and zoned to permit mid to high-rise residential development that is compatible with and sensitive to surrounding land uses. We respectfully request the properties be designated as Strategic Growth Area B as part of the proposed Official Plan Amendment and zoned SGA -3: Hiah Rise Growth Zone (Limited) as cart of the aroaosed Zonina By-law Amendment for the "Growing Toaether" initiative. We would like to meet with City staff to review this request in further detail, in advance of finalizing the proposed Official Plan and Zoning By-law Amendments for the "Growing Together" initiative. GSP Group 15 Page 463 of 592 On behalf of Snider Corporation, we respectfully request to be notified of all meetings, reports and progress related to the "Growing Together" initiative in the future. Please don't hesitate to contact me if you have any questions or would like to discuss further. Sincerely, GSP Group Inc. • e . Kristen Barisdale, MCIP, RPP Vice President, Planning cc. 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C cuV 0 Z c Q U r r N `Qr W Www � D < 01l p 477 of 590 a .10a NE , s cI r^ Y.1 •Ab m " < C-) e -, V r� C COP - d CL �i iiS a--• :� J CC,WODF— �eF V U = c C cc m i 11 h. -P, LiJ D 0 C7 C CL T � C cuV 0 Z c Q U r r N `Qr W Www � D < 01l p 477 of 590 a .10a NE , s D 0 C7 C CL cuV Z c r r t. [ry cu D < 01l p 477 of 590 a s Q) - • Ln 417 • L' } 4n 417 LL 4 0 Ln 0� C C) Q -+- �� EtU o Ln oU0u -�' 0LO a) -0 cl� U C(1)a� v a) i. y All rw �r Mariah Blake From: Laura New Sent: Monday, January 29, 2024 2:10 PM To: Delegation (SM) Cc: Debbie Chapman; Stephanie Stretch Subject: Comment re Jan 29th PSIC meeting on Growing Together DSD -2024-005 You don't often get email fro . Learn why this is important Greetings Councillors,. I appreciate the work and the changes staff have made to the Growing Together proposal of Jan. 19, 2024. However, I remain concerned about three issues I would like to bring to your attention as follows: 1. Priority Streets I am concerned that adopting the proposals for Priority Streets may generate outcomes in conflict with the following two Official Plan Policies and the City's Urban Forest Strategy: 11.0.1.22. The City will require the provision of shade, either natural or constructed, to provide protection from sun exposure, mitigate the urban heat island, and reduce energy demands 13.C.1.4. The City will design pedestrian -friendly streets by: vj providing shade as an essential component of streetscape design; The stated goal of Priority Streets in the Glossary is to "contribute to an enhanced streetscape and pedestrian realm". I fear that the 0m minimum front yard setback provision and the 0% landscaping provision will result in the exact opposite, especially considering that on many of the 'Priority Streets' there is no space in the public realm for the addition of shade and street trees. My Request: Do not permit an exemption for Oil landscaped area and ❑ m front yard setbacks along Priority Streets. 2. Loss of the Secondary Plans. I object to the repeal of secondary plans without due mandate and appropriate consultation. We, neighbourhood residents have spent significant time over the past many years and invested into working with the City through the Secondary Plan process and then as part of the neighbourhood planning review (NPR). The Secondary Plans, both existing and those proposed under NPR, include neighbourhood -specific requirements that will be lost with these changes. I suggest that the rezoning of these 'additional' Secondary Plan lands that fall beyond the boundaries of the Major Transit Station Areas is not necessary to meet the requirements of Bill 2.3. 1 suggest that Page 479 of 592 the recently announced Official Plan review is a more appropriate opportunity to update the Secondary Plans. My request: Either A) Defer the rezoning of non-PMTSA lands and commit to completion of the Secondary Plan process through a separate exercise or 8J Re -zone these non-PMTSA lands as per the final NPR proposal. 3. Transition Provisions for Proposed Developments The sunset clause (proposed zoning bylaw Section 18.5) lists a time period of 10 years for the expiry of approved developments. I suggest a time period of 3 years as was approved when the new CroZBy zoning bylaw was introduced in 2019. In addition, the list of properties in Section 18.4 should be expanded to include 149-151 Ontario Street N & 21 Weber St W (C of A # A2019-050 / HPA-2023-IV- 030) and any other approvals made by Council since Nov. 3, 2023. My request: Ask staff to revise the Sunset Clause to a 3 year period. Thank you for your consideration, Laura New z Page 480 of 592 .41E�W�W_ Ili Y E A' R S MI H B C January 29, 2024 PLANNING URBAN DESIGN & LANDSCAPE ARCHITECTURE �KITCHENER I WOODBRIDGE I LONDON I BARRIE I BURLINGTON Chair, Councillor Singh And Members of Planning & Strategic Initiatives Committee RE: Submission on Kitchener "'Growing Together" Zoning By-law Amendment 659-667 King Street and 48, 52-54 Walter Street OUR FILE: 1405 On behalf of our client, HIP Developments, please accept this request for modification to the Growing Together' draft documents and support and justification for the request. The comments relate to 659-669 King Street and 48, 52-54 Walter Street (the subject lands). Request for Modifications to the Official Plan and Zoning By-law Amendments: It is requested that Committee support the following modification to the Zoning By-law Amendments: 1/ Zone the lands SGA -4 (from SGA -3) Rationale and Justification for Request: The SGA -4 Zone is appropriate for the subject lands, based on the following: • Lands are designated Strategic Growth Area T' — this designation permits the highest density residential uses. The location is suitable for the highest density, given the proximity to the downtown and the hospital. • Lands are within the Central Station Area'— one of the locations with the highest density permissions is the Central Station Area' and the lands are within this area. • Surrounding lands within the Central Station Area' are zoned SGA -4 — surrounding lands are identified for the SGA -4 zone. The public consultation process identified the lands as a location for high-rise building. 200-540 Bingemans Centre Drive Kitchener, ON I N2B 3X9 519-576-3650 www.mhbcplan.com Page 481 of 592 • Buildings can be designed to comply with the SG -4 Zone — the lands can be designed to accommodate the criteria of the SG -4 Zone. A pre -application meeting was held with City staff some time ago that supported a high level of height and density on the subject lands. • Lands are within an emerging area' of new development — the midtown' area has seen recent investment in redevelopment and a location with great opportunity for higher density that is outside of the downtown. We would also offer the following comments on the proposed Inclusionary Zoning: • The subject lands should be identified as an emerging area, not prime area' • The timing of the set aside rate should be based on the timing of zoning, rather than building permit. Please refer to the letter from HIP Developments with additional details and comments in relation to the Inclusionary Zoning. We request that City staff be directed to make the requested modification to the Zoning By-law, prior to Council consideration of the final amendment documents. Yours truly, MHBC David W. Aston, MSc, MCIP, RPP Vice -President C. Joel Doherty 2 Page 482 of 592 January 26, 2024 Chair, Councillor Singh And Members of Planning & Strategic Initiatives Committee RE: Submission on Kitchener "Growing Together" and "Inclusionary Zoning" Zoning By-law Amendments o 659-667 King Street and 48, 52-54 Walter Street V) z W On behalf of HIP Abstract GP Inc. (HIP Developments Inc.), owner of 659-667 King Street and 48, 52-54 a Walter Street (the subject lands), please accept this request for review and modification to the 'Growing o Together' and 'Inclusionary Zoning' draft documents. This letter is in conjunction with the MHBC Planning W letter regarding the subject lands. a We have reviewed comments and questions provided by the Build Urban and Waterloo Region Homebuilders Association. We support many of the questions and comments raised by both in terms of feasibility concerns and implementation. With respect to the subject lands in particular: • We acknowledge that affordability is a significant issue in our region and province. We believe that all parties have a part to play, and we support solutions whereby all levels of government, the general public including taxpayers, and both urban and suburban developments participate. This should not be placed entirely on new homeowners and renters. • While we support staff for recommending development charge, parkland dedication, community benefit charge exemptions and no required parking for affordable units, there would still be a financial shortfall. IZ will impact our project with a drop in value of $180,000 per unit vs. ^'$50,000-60,000 savings in development charges and other exemptions. • Any shortfall in revenue would have to be made up from increases on the remaining units. It is expected that this could push the price of the other units to a point past market acceptance which could result in limited to no sales, thereby making the project unfeasible, resulting in no new supply added to the market. • This project is intended to be a condominium building. The staff report speaks to a third party that would buy, rent, and manage the units — is that feasible for those entities? Do they have the capacity to obtain financing to purchase units? This creates considerable uncertainty, and we would not want to be in a position where we are to retain ownership of affordable units, having to rent and manage. • We support the concept of transferring affordable units to other sites and public private partnerships such as the Build Now initiative. We would welcome the opportunity to discuss. HIP DEVELOPMENTS 74 Grand Ave. S., Suite 201, Cambridge Ontario, NIS OB7 7mt Page 483 of 592 We request that our subject lands be reviewed for the matters raised by MHBC and in this letter. Given the importance of the affordability issue and the many concerns that remain from the development industry, we recommend deferral of the process for more consultation and consideration of the issues raised and the opportunity to meet specifically to discuss the subject lands. Yours truly, 0 U Scott Higgins Joel Doherty g President Vice President, Real Estate & Development 0 HIP Developments Inc. HIP Developments Inc. > W 0 a p9 HIP DEVELOPMENTS 74 Grand Ave. S., Suite 201, Cambridge Ontario, NIS OB7 Page 484 of 592 N LO 4- 0 LO co N O1 Commentary in support of Growing Together Date: Jan 29, 2024 Author: Mike Doherty Good evening members of the Planning and Strategic Initiatives Committee, and thank you for allowing me the opportunity to speak today. My name is Mike Doherty, and I am a passionate advocate for responsible urban development. I'm a member of Waterloo Region YIMBY, so it should be no surprise that I'll be expressing support for the Growing Together plan. First, I want to applaud the engagement on this. Staff did a greatjob with outreach and engagement, and the awards are well-deserved. However I do have some constructive feedback on the report itself, which I think reveals a mindset that is fundamentaly wrong for what should be a high growth region such as ours. Then, I'll speak to some policy changes that should've been made, and finally comment more generally on what Council should do next. The report and the policy generally seem to be borne of a desire to limit and control growth, but this is fundamentally the wrong mindset for a region like ours which should be a high-growth region -- especially in the middle of a housing supply crisis that was substantially caused by municipal restrictions on housing production. Limiting and micromanaging growth is not in our long-term best interests, and while Growing Together proposes to loosen the grip a little, I worry that it is too little, too late. Page 486 of 592 As just one example, the report states there are no financial implications -- but there are, they're just positive implications. Denser development can be serviced more cheaply, making our tax dollars go further. This is a good thing, and one of the key benefits we can unlock with intensification. The report also contains hand -wringing about "livability" and so on, but livability for who? Adding a large tower may mean a family gets to move out of precarious housing, or a homeless person can move off the streets, or a young couple can move out of a parent's basement. These all improve "livability" -- but the report only seems to consider the people who are already comfortably housed, and how they feel about shade or whatever. Next, while this policy proposal is good, it obviously applies only to PMTSAs -- but the whole city deserves and needs this kind of intensification treatment. Hamilton put 90% of their growth into intensification/infill last year. Our regional draft OP is uninspired by comparison, aiming for only a shift to 61% intensification by 2051. We can do it, we just have to decide to be ambitious, commit to doing it, and follow through. It worries me that such a small change to policies in PMTSAs took so much time and effort and outreach and so on. How will we ever get the other, larger, policy changes that we're going to need, done? I don't think Growing Together proposes to reduce or eliminate development charges or other similar fees, but they should be. Again, this isjust a wrong-headed policy. Yourjob in the middle of a housing crisis that this council has in part created, is to enable growth, particularly mid -density intensification. DCs just pile taxes on the people who are suffering most from the housing supply shortage this council has overseen -- young people, newcomers to the country, renters, etc These people shouldn't have to subsidize the wealthy existing homeowners who have only grown more wealthy as this crisis has snowballed. Staff have asserted that there are no angular planes in the proposal. But the stepbacks in high-density zones will have a substantially similar effect. Kitchener may be making "wedding cake" towers instead of ziggurats like in Toronto, but either way, it makes development less viable, by increasing the design cost, decreasing the volume of the building, increasing water intrusion, degrading the thermal envelope, and it also just looks really stupid. I don't expect my aesthetic preferences to be made into law, but I do expect Page 487 of 592 other's aesthetic preferences to not be made into law. I implore the committee to thoroughly review and, if necessary, revise any provisions that may inadvertently hinder the economic viability of high-density projects. They reflect a hesitancy to embrace progressive urban development, and we risk perpetuating the stagnation that has contributed to our current housing shortage. Next, in the context of major transit station areas, the inclusion of low-density SGA -1 seems counterintuitive. There shouldn't be low-density zoning in the PMTSAs in the first place, and adding extra height restrictions on SGA -2 when it abuts SGA -1 is even worse, undermining the potential benefits of mid- to high-density development near transit. I strongly urge the committee to reconsider the presence of low-density zoning in these critical zones and eliminate any spill-over restrictions that may impede the efficient use of adjacent SGA -2/3 lots. The mixed-use zoning is good, and all Kitchener's residential zones should be liberalized in this way. But the details reflect more unnecessary micromanaging: commercial uses still require parking, and brewpubs and restaurants are only permitted on corner lots -- both are unnecessary restrictions that prevent some of the best improvements a neighbourhood could see. Just let people do things! It is crucial to recognize that past policy decisions from both planning staff and Council have played a significant role in creating our housing challenges. It is commendable that the committee is working towards rectifying this through the Growing Together plan. However, I urge you to carefully scrutinize and remove any elements that could inadvertently perpetuate the mistakes of the past. Let us not repeat the errors that have led to the current housing shortage, but rather, let us embrace a vision that fosters a dynamic and inclusive city that builds according to demand, unleashing our full economic potential. My request for the committee is to remove such "poison pills" from the Growing Together plan before referring it to council. By doing so, we can ensure that our city moves forward with a robust and forward -thinking urban development strategy that benefits all residents. Page 488 of 592 Next, this committee should pursue systemic fixes to the planning system itself. How is it that Conestoga College was able to bring so many international students without the region's housing system planning to accommodate that? There are surely many factors explaining how it is that this council allowed the gap between demand and supply to get so huge for so long -- and systemic fixes to the system should be next on your docket, to ensure that a catastrophic failure of the planning system is impossible in the future. While Growing Together is a step in the right direction, it is by no means a complete solution. Page 489 of 592 rd rd P4 ■ 4) En 2 P., r". a z O cd cd En 0 cd En cd O .� cd cd 0 0 0 4-4 z .0 0 0 0 4--1 O cd cd cd O 0 0 cd En 2 0-1 .� MW EM 0 rcl 0 cd U En Q a V cd LnL 'a- tl3 0 4-4 b' Q 00 v 0 P-4 0 0 F. 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Dawn Parker Sent: Monday, January 29, 2024 6:06 PM To: Clerks (SM) Subject: Comments for Council on Agenda item 6.1 "growing together" You don't often get email from Planning & Strategic Initiatives Committee Agenda Monday, January 29, 2 The proposed MTSA / PMTSA "Growing Together" OPA and secondary by-laws are flawed. I suggest you ask staff to revise them. My comments are general, but use the Mt. Hope MTSA slice as an example. - Our neighbourhoods are under -zoned for their current form. They are zoned for lower density than exists now. That makes it very difficult for current owners to do small in -fill projects, as they need an official plan and zoning by-law amendment. Conversely, it makes it very easy for speculators to buy out properties for "assembly", because the land value are capped at single-family residential for most investors. - The ideal of "transitional" zones is just a gift to speculators. It's a signal to them that the land will be up - zoned. When combined with the low-rise zoning, it again invites them to purchase single family homes for speculation. - It's well established in planning and real estate theory that when these conditions are present, landlords buy up properties and let them decay, until conditions are right to convert to high-rise (Smith's rent -gap hypothesis). - The City has not communicated to residents that under the new zoning, no land use decision in the PMTSA will be appealable by residents. Postcards that have been sent out have been almost devoid of information and contain images of places that no longer existing in Kitchener, and will never in the future under their new plans. Postcards have omitted public engagement opportunities and have incorrectly stated that zoning is not changing at this time. Again, the lack of understanding of the zoning and its impacts for land value favours speculative investors. They know the land value for development, but the current residents do not. - These zoning changes will not facilitate missing middle housing, because they will inflate land values beyond what a missing middle developer can pay. The City is well aware of this issue. - The City left our neighbourhood (Mt. Hope) out of cultural heritage landscape designation, and never responded to inquires or protests about this decision. Uniquely leaving it out of this designation again favours speculative investors and invites them to acquire and assemble lands. Similar neighbours (i.e. Braun, a newer neighbourhood with less dense housing) have received the designation. - The City's process about deciding where to intensify was flawed. They asked people at open houses where they wanted high-rise development. The people naturally said "not in my neighbourhood." - The City CANNOT enforce the zoning it is setting in these transitional zones, and they know it. The low-rise zoning they are imposing is meaningless, because these areas are designed for intensive development by their MTSA designation. Any developer who would file an appeal to DLT would win. The only way to protect those neighbourhoods is to zoning them for intensified low-rise, i.e. a 10 unit building on any residential parcel. I have recommended to city planner and Council that that be done on many occasions. Dawn Parker Kitchener Page 503 of 592 Prospective Students: Graduate funding opportunities and application instructions for my lab are posted through wici.ca, at https.11uwaterlaa.ca/complexity-innovation/news/new-wici-graduate-funding-opportunities-2023 The information in this message, including any attachments, is privileged and may contain confidential information intended only for the person(s) named above. Any other distribution, copying or disclosure is strictly prohibited. If you are not the intended recipient or have received this message in error, please notify me immediately by reply email and permanently delete the original transmission, including any attachments, without making a copy. Page 504 of 592 � . /- $ §m o � f \ § k § / Q CL | \ § \ \ @ § O � G\ } | k 2 § 2 -X\ % or N,4 Page 509 of 592 �ti'll Ole* fj�'j s 1 40 4 Page 510 of 592 va 6 - c� a z � a L dr7 n ,n C d c __ a x w D W W� a ULL� .1 D �ti'll Ole* fj�'j s 1 40 4 Page 510 of 592 0 `T 73 r . 'CL ell CL lit d o ° r4 W w � .; '►h d t. d O - IL f '�''�` Page 511 of 592 to Q1 L ++O^ V! 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OC t7 C7 C7 ['�—G Ri 7 a sn a c io as U? W C w r ? F v m y (U� tU !U� t11 .Q d u�i O � C O C v'� W Ql '2 plz tz t: r- m 41 C ICS j y 7 t4 4 i Q1 Q a w W [,�a. cC U) (n U) U U i m d W Z o 2 W D J Q f5' z i � � 0 W � r Q r l V J �f*EQ' d [t .y z ZLU o C5 T Q M d 'd Kj fY ra w o W m � }+ i o a Cl) LLJ 0 z 1 P r 4 7 11J 4 L) W F- En Q �► W 2 l G. Nui If Y W U tz tiP Z •A d 0 0 VIA DO yh� 0 0 LL M 70 cm t V 0) Cl) .x w SAL } C- m n L�J 0 a-0 .U) c 0 Ani L 42 gm 4D I nibilk.41 Staff Report Development Services Department www.kitchener.ca REPORT TO: Special Council DATE OF MEETING: March 18, 2024 SUBMITTED BY: Rosa Bustamante, Director of Planning and Housing Policy, 519- 741-2200 ext. 7319 PREPARED BY: Tim Donegani, Senior Planner, 519-741-2200 ext. 7067 WARD(S) INVOLVED: Ward(s) 3, 9, 10 DATE OF REPORT: March 8, 2024 REPORT NO.: DSD -2024-111 SUBJECT: Supplemental Report to DSD -2024-029 Inclusionary Zoning RECOMMENDATION: That the City -initiated Official Plan Amendment OPA23/015/K/TD for the purposes of introducing Inclusionary Zoning within Protected Major Transit Station Areas be adopted, in the form shown in the Revised Official Plan Amendment attached to Report DSD -2024-111 as Attachment `A' and accordingly forwarded to the Region of Waterloo for approval; and, That the City -initiated Zoning By-law Amendment ZBA23/027/K/TD to amend Zoning By-law 2019-051 and Zoning By-law 85-1, be approved in the form shown in the "Revised Proposed By-law Amendment" attached to Report DSD -2024-111 as Attachment `B' and Attachment `C' respectively; and, That staff be directed to enter into a memorandum of understanding with the Region of Waterloo outlining roles and responsibilities in administration of Inclusionary Zoning, to the satisfaction of the Director of Planning and Housing Policy; and, That staff be directed to monitor local market conditions and engage with community and industry, and report back to Council no later than the end of 2024, 2026, 2028 and 2030, with recommendations on whether inclusionary zoning requirements should continue to be advanced in the timeframe, with the Market Area categorizations, and in manner outlined in this report; and further, That pursuant to Section 35(17) of the Planning Act, R.S.O. C P.13, as amended further notice is not required to be given in respect of the Zoning By-law Amendment. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 547 of 592 REPORT HIGHLIGHTS: • The purpose of this report is to describe additional dialog between staff and those who provided oral and written submissions at the statutory public meeting on January 29, 2024, as directed by Council. • The key finding of this report is that minor refinements to the proposed Official Plan and zoning, alongside an enhanced monitoring approach, are recommended by staff in response to these conversations. • There are no financial implications arising from this report • This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. BACKGROUND: On January 29, 2024, Council deferred the approval of Official Plan and Zoning By-law amendments to introduce inclusionary zoning via the following motion: "That the following motion be deferred to the March 18, 2024 Special Council Meeting to allow staff to dialogue further with those who provided oral and written submissions in relation to Inclusionary Zoning — Official Plan Amendment and Zoning By-law Amendment, DSD -2024-029 and how it relates to Growing Together - Protected Major Transit Station Area Land Use and Zoning Framework, as outlined in Development Services Department report DSD-2024-005.- That SD-2024-005: That the City -initiated Official Plan Amendment OPA23/0151KITD for the purposes of introducing Inclusionary Zoning within Protected Major Transit Station Areas be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-029 as Attachment `A' and accordingly forwarded to the Region of Waterloo for approval; and, That the City -initiated Zoning By-law Amendment ZBA23/0271KITD to amend Zoning By-law 2019-051 and Zoning By-law 85-1, be approved in the form shown in the "Proposed By-law Amendment" attached to Report DSD -2024-029 as Attachment `B' and Attachment `C' respectively; and further, That staff be directed to enter into a memorandum of understanding with the Region of Waterloo outlining roles and responsibilities in administration of Inclusionary Zoning, to the satisfaction of the Director of Planning and Housing Policy. " REPORT: In addition to community engagement, and the sharing of information on Engage Kitchener, staff have hosted at least sixteen in person and virtual meetings with members of the development industry including the Waterloo Region Homebuilders Association (WRHBA) and Build Urban since the inclusionary zoning (IZ) project started in 2020. Those conversations were fruitful and are key drivers of important policy and program details including relatively low initial set aside rates that increase slowly over time, moderate affordability focus, a permissive and flexible approach to offsite units, and other Page 548 of 592 implementation details that work for their business models. The Build Urban membership is responsible for the majority of the residential development in Protected Major Transit Station Areas (PMTSAs) that will be subject to IZ. It is crucial to not only consult with those that may be the potential tenants, or those that work and advocate on their behalf, of IZ units but it is also crucial to consult with those who will be responsible for building the IZ units affected by this policy. Staff from the cities of Kitchener, Waterloo, Cambridge and the Region of Waterloo met with representatives from the Waterloo Region Homebuilders Association on February 22 and with Build Urban on February 29. All of the development industry representatives that delegated on January 29th were invited to these meetings, and all but one attended. While disagreeing with IZ in principle, some in attendance also recognized the need to provide affordable housing close to ION transit stops. The discussions were constructive and focused on detailed policy and implementation solutions that could both deliver affordable units and market housing in PMTSAs. What we heard: Staff spoke with the one community delegate on March 5, to provide clarity on the project, its relationship to the Housing Accelerator Fund, and the land value capture mechanism. The delegate continues to prefer other more fundamental changes to planning frameworks and processes, that in their opinion, would be more impactful to housing affordability than IZ. The development industry should not bear the burden of solving the community's housing crisis. Many in the development community questioned why they should bear the burden of needed affordable housing investments. The housing crisis demands an all -of -society response. IZ is one tool among many that are needed from all orders of government, the private and non- profit sectors to address this critical issue. The 2024 Regional housing budget is $123 million and represents a significant government investment in affordable housing. The City's $42 million Housing Accelerator Funding, as well as all the initiatives outlined in Housing for All, will also shape the future of affordable housing in Kitchener. In addition to these public investments in housing, IZ provides an opportunity to deliver a modest but meaningful number of affordable units alongside market rate units in PMTSAs. IZ units are exempt from DCs, CBCs and parkland dedication. These offsets, along with increased development permissions and the elimination of parking requirements, are all expected to have positive impacts on development pro formas. City and Regional Staff continue to explore other opportunities to allow for the creation of affordable housing faster and easier. Reduced Rents for IZ Units will be passed on to market tenants and purchasers The Assessment Report prepared by land economists at NBLC and peer reviewed by Urban Metrics agreed that IZworks by putting downward pressure on land values. In this way some of the windfall land value arising from our ION transit system, public investment in PMTSAs and Growing Together can be captured and directed towards a public benefit of affordable units. Many in the development community do not agree that a meaningful decrease of land values would result from an IZ program, and instead it will result in higher market unit prices and rents and/or reduced supply. As in all markets, the price of development land is affected by both supply (from land owners) and demand (from developers). Developers have a Page 549 of 592 responsibility to be part of the solution by avoiding speculation and incorporating realistic revenue expectations into their land purchase decisions. In staff's opinion, land value and market housing will both bear some of the burden of IZ in the short and medium term. Staff have worked to offset the impact to development pro formas and market housing through: • DC, CBC and Parkland dedication exemptions for each IZ unit that represents approximately $33,000; and • A Growing Together planning framework that: o increases permitted height and eliminates maximum densities relying on a new and flexible approach of built form regulations; o reduces time, risk, application fees and consultant costs by allowing more projects to proceed directly to a site plan control process; and o eliminates expensive parking requirements in PMTSAs. Market conditions are currently very challenging, and it is the wrong time to implement IZ Staff heard that there are currently challenging economic conditions for the construction of new housing and significant uncertainty in the short and medium term. We also heard that a 2025 start to IZ may be too soon. Staff concur with developers' concerns that an overly onerous IZ requirement introduced at a time of challenging market conditions could unduly curtail new housing supply in PMTSAs, and that this is contrary to the City's objectives. In response to the meetings with delegates, staff recommend a detailed, analytic and data driven review of local housing and development market conditions together with community and industry engagement, just prior to initiating the IZ requirements in 2025, and before increasing set aside rates in 2027, 2029 and 2031. It will consider if any PMTSAs should have their Market Area characterization adjusted (i.e. Prime, Established, Emerging). Further this report will consider factors such as market rents, condominium sale prices, presales and market unit absorption, financing costs, construction costs, building permits, construction starts and lands sales. This monitoring and adjustment approach is included in the recommended Official Plan Amendment. Staff worked with Build Urban and can accommodate a policy revision to the Official Plan to more clearly convey that the set aside rates need to be adjusted frequently in response to up-to-date market conditions. Staff continue to place critical importance on communicating the long-term intent of the policy so that the development community and landowners can consider IZ as part of their purchase decision and to minimize impacts on market housing. Staff's revised recommendation includes a set aside range for 2027 to 2030 in the Official Plan (shown in Table 1 in this report). The set aside range would be evaluated biennially and implemented through zoning by-law and, and where necessary, Official Plan amendments approved by Council. Staff have also revised its recommendation to show only the first set aside rate in the Zoning By-law with the intent that future set aside rates and changes to any market areas would be implemented through the above-mentioned biennial review/amendment process. This ensures that a statutory amendment process and Council decision (informed by market data) is required prior to increasing the set aside rate. Page 550 of 592 Table 1. Revised Set aside Rates or000sed in the Official Plan Concern with Mill and Borden Market Area Characterization Both Build Urban and WRHBA expressed concerns that the Mill and Borden PMTSAs are characterized as Established Market Areas, rather than Emerging as was indicated in the June 2023 discussion paper (see Attachment D regarding the policy evolution from June 2023 to March 2024). They requested that these PMTSAs be returned to the Emerging classification or indicated as "to be determined" until the late 2024 review. The Market Area characterizations in the June 2023 Discussion Paper were made on the advice of NBLC land economist's memo dated September 2022. That memo categorized each of the Region's PMTSAs as Prime, Established, or Emerging. This categorization was driven by market parameters driving the viability of market housing development including: • achievable condominium unit and parking spot sales prices; • the pace and volume of new high density apartment sales activity; • per square foot rents; • units sizes and suite mix; • the pricing and volume of residential land acquisition activity; and • the scale and volume of new high density residential development application activity. In response to comments received on the June 2023 Directions Report, NBLC was asked to review and confirm or update the Market Areas with current market information. NBLC considered the same market parameters as the previous evaluation. They also considered some additional indicators, where relevant, to characterize the market areas. Market factors that impacted their recommended changes to certain market areas included relatively strong sales activities (Northfield PMTSA), persistent development proposal Page 551 of 592 Minimum Percentage of Gross Leasable Residential Floor Area to be provided as Protected Major affordable dwelling units by date of building Market Area Transit Station Area permit issuance 2025- 2027-2028 2029- 2031+ 2026 2030+ Prime • Central • Victoria Park and Kitchener City Hall 2% 2-3% 2-4% 5% • Queen and Frederick Established • Grand River Hospital • Kitchener Market 1% 1-2% 1-3% 5% • Borden • Mill Emerging • Block Line • Fairway 0% 0-1% 0-2% 5% • Sportsworld Concern with Mill and Borden Market Area Characterization Both Build Urban and WRHBA expressed concerns that the Mill and Borden PMTSAs are characterized as Established Market Areas, rather than Emerging as was indicated in the June 2023 discussion paper (see Attachment D regarding the policy evolution from June 2023 to March 2024). They requested that these PMTSAs be returned to the Emerging classification or indicated as "to be determined" until the late 2024 review. The Market Area characterizations in the June 2023 Discussion Paper were made on the advice of NBLC land economist's memo dated September 2022. That memo categorized each of the Region's PMTSAs as Prime, Established, or Emerging. This categorization was driven by market parameters driving the viability of market housing development including: • achievable condominium unit and parking spot sales prices; • the pace and volume of new high density apartment sales activity; • per square foot rents; • units sizes and suite mix; • the pricing and volume of residential land acquisition activity; and • the scale and volume of new high density residential development application activity. In response to comments received on the June 2023 Directions Report, NBLC was asked to review and confirm or update the Market Areas with current market information. NBLC considered the same market parameters as the previous evaluation. They also considered some additional indicators, where relevant, to characterize the market areas. Market factors that impacted their recommended changes to certain market areas included relatively strong sales activities (Northfield PMTSA), persistent development proposal Page 551 of 592 activity and strong market position (Uptown Waterloo PMTSAs), and notable recent land transactions and development application activity (Borden and Mill PMTSAs). Build Urban has expressed concern with the Borden and Mill categorization "on the face of it," but have not provided any market data to support their recommendation. NBLC did not have capacity to update their market review between January 29 and March 18. Without additional rationale, staff are unable to recommend reclassifying these stations at this time. As Station Area markets evolve and mature, their Market Area characterization is expected to change. Confirming market areas characterizations is in scope for the biennial reviews including the late 2024 market review prior to the IZ by-law requirements coming into force. Build Urban, the WRHBA, other industry representatives, and the community will be engaged in these biennial reviews. How will this all be implemented? Attendees of both the Build Urban and WRHBA meetings had questions and concerns about the implementation details and mechanics of the IZ program. Staff highlighted aspects of the draft IZ implementation guidelines and committed to ongoing dialogue with the industry to refine and improve the implementation details in response to shared learning. Staff also see a role in facilitating offsite unit agreements and partnerships between market rate developers and among developers and the not-for-profit sector. Can we ensure that units continue to be occupied by eligible low-income households? At the statutory public meeting on January 29 questions were raised about the implementation of qualified households in IZ units. Once a household is qualified through the initial occupancy of an IZ unit, the tenancies of IZ units are regulated under the Residential Tenancies Act. In this case IZ units would be reoccupied by another eligible household. There is no legal mechanism to evict tenants due to an increase in income. Some tenants will move out of IZ units for a wide variety of reasons including to seek units more suited to their needs and situation, or homeownership. This is similar to tenancies in Community Housing that are governed by the Housing Services Act where tenant `turnover' cannot be compelled due to an increase in income (however tenants can be required to move into a smaller unit if household composition changes). Nevertheless, both community housing and IZ units continue to be valuable for the tenants that live in them and the housing system overall. Conclusion 2023 was characterized by extremely challenging conditions for developing housing. Nevertheless, last year Kitchener issued building permits for 3,985 units and saw 2,777 housing starts, the highest and third highest rates respectively in Kitchener's history. Every strong building permit year that passes without an IZ by-law in force is a missed opportunity to secure affordable housing for those who could not otherwise afford a place to live. The Staff recommended IZ policy and by-law, together with policies and Council direction to frequently monitor and adjust the requirements as market conditions evolve, in consultation with the community and development industry will allow not only Kitchener, but the Region of Waterloo as a whole, to show leadership and a commitment to using the tools within our jurisdiction. City staff will work with the development industry to deliver much needed affordable housing. This provides the development industry and landowners with a level of certainty regarding IZ that they can build into their pro formas and land purchase decision, Page 552 of 592 while still being responsive to market challenges. The recommended policy supports the development of critically needed market and affordable housing in PMTSAs STRATEGIC PLAN ALIGNMENT: This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. FINANCIAL IMPLICATIONS: None. COMMUNITY ENGAGEMENT: INFORM —This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. CONSULT — Staff from the cities of Kitchener, Waterloo, Cambridge, and the Region of Waterloo met with representatives from the Waterloo Region Homebuilders Association on February 22 and with Build Urban on February 29. All of the development industry representatives that delegated on January 29th were invited to these meetings, and all but one attended. PREVIOUS REPORTS/AUTHORITIES: • DSD -20-006 Affordable Housing Strategy Phase 2: Housing Needs Assessment • DSD -20-150 Inclusionary Zoning for Affordable Housing: Background and Fiscal Impact Analysis • DSD -2022-281 Growth Related Funding Tools — Cumulative Impact Assessment • DSD -2022-501 Bill 23 More Homes Built Faster Act — Kitchener Comments • DSD -2023-071 Inclusionary Zoning for Affordable Housing: Status Update • DSD -2023-258 Inclusionary Zoning — Policy and Implementation Directions • DSD -2024-029 Official Plan Amendment OPA23/015/K/TD and Zoning Bylaw Amendment ZBA23/027/K/TD — Inclusionary Zoning • Provincial Policy Statement, 2020 • A Place to Grow: Growth plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Planning Act • Residential Tenancies Act • Housing Services Act REVIEWED BY: Natalie Goss, Manager, Policy and Research APPROVED BY: Justin Readman, General Manager of Development Services ATTACHMENTS: Attachment A — Revised by-law to amend the Official Plan Attachment B — Revised proposed by-law to amend Zoning By-law 2019-51 Attachment C — Revised proposed by-law to amend Zoning By-law 85-1 Attachment D — Summary of policy evolution June 2023 -March 2024 Page 553 of 592 AMENDMENT NO. x TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER Page 554 of 592 AMENDMENT NO. X TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 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 January 29, 2024 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 29, 2024 APPENDIX 3 Minutes of the Meeting of City Council — March 18, 2024 2 Page 555 of 592 AMENDMENT NO. x TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 —TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. x 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 this Amendment is to introduce Inclusionary Zoning policies that will permit the City to require affordable housing units in new developments to be included as part of other housing development within Protected Major Transit Station Areas ("PMTSAs"). The amendment: • Introduces goals and objectives for the Inclusionary Zoning policy and a description of measures and procedures used to attain these goals and objectives; • Sets the minimum size of development to which Inclusionary Zoning policies apply as 50 units or more; • Specifies that the policy initially applies to the Protected Major Transit Station Areas west of the Conestoga Expressway; • Establishes a requirement in each Protected Major Transit Station Area that up to 5% of the gross leasable residential floor area be set aside as affordable housing, with the set aside requirements phased in over multiple years; • Specifies that affordable units are to be rented by low and moderate income renter households • Authorizes all housing types and sizes to be provided as affordable units, and requires that they be similar in size and number of bedrooms to market units giving rise to the Inclusionary Zoning requirement; • Establishes a minimum period of affordability of 25 years; • Outlines the measures and incentives to support these policies; • Outlines that the maximum rents for affordable units will be determined according to Average Market Rent and median renter income in the regional market area; • Amends the definition of affordable housing as it applies to the Inclusionary Zoning policies to align with these criteria; • Enables the provision of off-site affordable units, provided they are located within an PMTSA in the City, and are occupied in a timely fashion; and • Sets out the approach to monitoring that ensures required affordable units remain affordable for 25 years. SECTION 3 — BASIS OF THE AMENDMENT Section 16(4)-16(13) of the Planning Act provides that municipal official plans may contain policies authorizing Inclusionary Zoning by requiring the inclusion of affordable housing units within buildings containing other residential units. These sections along with Ontario Regulation 232/18 outline the required processes and prescribed content of Official Plan polices authorizing Inclusionary Zoning. The requirements have been met in the preparation of this amendment. The Regional Official Plan designates Protected Major Transit Station Areas and encourages municipalities to implement Inclusionary Zoning. Page 556 of 592 This Official Plan amendment has regard for matters of provincial interest, is consistent with and conforms to the Provincial Policy Statement (2020), A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) as amended, and the Regional Official Plan (2009) as amended. Page 557 of 592 SECTION 4—THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: 1. Section 4 is hereby amended by adding the following after Objective 4.1.6: "4.1.7 To ensure that new affordable housing is provided alongside market housing within Protected Major Transit Station Areas through Inclusionary Zoning." 2. Section 4.C.1 is amended by adding the following policies after policy 4.C.1.42 : "Inclusionary Zoning 4.C.1.43 Inclusionary Zoning is a tool that allows the City to require affordable housing to be provided in new developments within Protected Major Transit Station Areas. Policies for Inclusionary Zoning are intended to support the development of mixed - income communities and equitable access to higher order transit by increasing the supply of affordable housing for low and moderate income households within these areas. (a) Inclusionary Zoning will be implemented in conjunction with other planning tools to increase the supply of affordable housing within Protected Major Transit Station Areas that might not otherwise be built, contributing to diverse, mixed -income communities that offer a range of housing options that are affordable for a range of household incomes. (b) Inclusionary Zoning policies will be informed by ongoing monitoring and periodic assessment reports in accordance with Provincial requirements, or more frequently as necessary, to create and increase the supply of affordable housing without negatively impacting new market housing supply. (c) The City will work collaboratively with the Region, private and non-profit developers and housing providers, to leverage expertise to achieve affordable housing objectives. (d) Inclusionary zoning will be implemented through the Zoning By-law and guided by Inclusionary Zoning Implementation Guidelines." 4.C.1.44 The City will enact a Zoning by-law for Inclusionary Zoning, pursuant to the Planning Act and in accordance with the policies of this Plan, to require affordable housing to be included in developments containing dwelling units located within a Protected Major Transit Station Area as shown on Map 4. 4.C.1.45 Notwithstanding policy 4.C.1.44, Inclusionary Zoning will not apply to: a) development containing fewer than 50 new dwelling units; Page 558 of 592 b) the portions of a development containing residential care homes, retirement homes, group homes, nursing homes or post -secondary student residences; c) the development or redevelopment proposed by a non-profit housing provider or is proposed by a partnership in which: (i) a non-profit housing provider has an interest that is greater than 51 per cent, and (ii) a minimum of 51 per cent of the dwelling units are intended as affordable housing, excluding any offsite dwelling units that would be located in the development or redevelopment; d) developments that are otherwise exempt under the Planning Act; e) Lands located within the Block Line, Fairway or Sportsword Protected Major Transit Station Areas until such time as a comprehensive city -initiated Official Plan Amendment updating the planning framework for these areas has been completed. 4.C.1.46 Development subject to Inclusionary Zoning shall provide a minimum percentage of new gross leasable residential floor area as affordable dwelling units in accordance with Table 3. Table 3: Inclusionary Zonina Set -Aside Requirements 6 Page 559 of 592 Minimum Percentage of Gross Leasable Residential Floor Area to be provided as Protected Major affordable dwelling units by date of building Market Area Transit Station Area permit issuance 2025- 2027-2028 2029- 2031+ 2026 2030+ Prime • Central • Victoria Park and Kitchener City Hall 2% 2-3% 2-4% 5% • Queen and Frederick Established • Grand River Hospital • Kitchener Market 1% 1-2% 1-3% 5% • Borden • Mill Emerging . Block Line • Fairway 0% 0-1% 0-2% 5% • Sportsworld 6 Page 559 of 592 4.C.1.47 Notwithstanding Policy 4.C.1.46, any lands within a Protected Major Transit Station Area that were designated for employment or industrial purposes in accordance with the Secondary Plan or Official Plan in effect on the day prior to the effective date of Official Plan Number xx, must provide affordable dwelling units in accordance with the Prime Market Area in Table 3. 4.C.1.48 Affordable dwelling units required under Policy 4.C.1.46 will be provided as rental dwelling units. 4.C.1.49 The City, in consultation with the Region and the Cities of Waterloo and Cambridge will establish maximum rents for the required affordable dwelling units on an annual basis as described in definition of affordable housing/affordability in Schedule A. 4.C.1.50 Affordable dwelling units required under Policy 4.C.1.46 shall be: (a) occupied by low or moderate income renter households as described in the definition of affordable housing/affordability in Schedule A, with a maximum income at the time of their initial tenancy of 3.5 times the dwelling unit's rent,- (b) ent, (b) rented in accordance with policies of this plan for a period of at least 25 years from the date of first residential occupancy of the affordable dwelling unit; (c) similar to the market -rate portion of the development giving rise to the requirement for affordable dwelling units in terms of dwelling unit mix and size, as appropriate, to achieve a balanced mix of dwelling unit types and sizes and support the creation of affordable units suitable for a range of household sizes; and (d) first occupied prior to or coincident and proportional to the first occupancy of the market dwelling units in the development giving rise to the affordable dwelling units. 4.C.1.51 The City, in consultation with the Region, will support developments in meeting their Inclusionary Zoning requirements by exempting developments that contain the required affordable dwelling units, on a prorated basis, from park dedication requirements, development charges, and community benefit charges in accordance with Provincial legislation. 4.C.1.52 Affordable dwelling units will be provided within the building giving rise to the Inclusionary Zoning requirements, or offsite in a building located within a Protected Major Transit Station Area as shown on Map 4, and on lands subject to the Inclusionary Zoning provisions of the zoning by-law. 4.C.1.53 Further to Policy 4.C.1.50 d), the timing of first occupancy of offsite affordable dwelling units will be prior to or coincident and proportional to the occupancy of market units on the site giving rise to the requirement for the affordable dwelling units. Page 560 of 592 4.C.1.54 The City, with support from the Region, will ensure ongoing affordable rents of the dwelling units, and their occupancy by eligible households, by establishing and maintaining a list of eligible tenants, outlining reporting requirements, and securing these requirements through agreements as outlined in section 17.E.17. 4.C.1.55 The City shall prepare an assessment report a minimum of every 5 years, in accordance with the Provincial requirements, for the purpose of determining whether any Inclusionary Zoning policies in this Plan should be amended. 4.C.1.56 The City, together with the Region, shall monitor the impact of Inclusionary Zoning on the affordable housing supply and will prepare and make publicly available a report every two years in accordance with Provincial requirements. The report will contain information including: a) the number of affordable dwelling units,- b) nits,b) the types of affordable dwelling units; c) the location of the affordable dwelling units; d) the range of household incomes for which the affordable dwelling units were provided; e) the number of affordable dwelling units that were converted to units at market value; and f) the proceeds (if any) that were received by the municipality from the sale of affordable dwelling units. The City may initiate amendments to these policies is response to the findings of this report in advance of the 5 -year assessment report update. 4.C.1.56 The City will preprare a report to Council before the end of 2024, 2026, 2028 and 2030, on local market conditions, including engagement with the development industry, and provide a recommendation on whether the Minimum Percentage of Gross Leasable Residential Floor Area to be provided as affordable dwelling units should be imposed or increased in January the following year; and if any of the Protected Major Trasnit Station Areas should be reclassified as a different Market Area in Table 3. This report will analyse factors such as market rents, condominium sale prices, presales and market unit absorption, financing costs, construction costs, building permits, construction starts and lands sales. 3. Section 17.E.17 is deleted in its entirety and replaced as follows: I7.E.17 Inclusionary Zoning Agreements An owner of a development subject to an Inclusionary Zoning By-law will enter into one or more agreements with the City, and if applicable, an offsite affordable dwelling unit owner, to be registered on title, securing: a) the requirements of Section 4.C.1.43-56 b) requirements for the timely delivery of the affordable dwelling units including any phasing if applicable; Page 561 of 592 c) the approach to determining maximum rent and permitted rent increases; d) Adjustments to the maximum permitted rent in the event the purpose built rental housing, is converted to condominium tenure, e) requirements ensuring the occupants of affordable dwelling units have the same building and amenity access as occupants of market units f) requirements ensuring affordable dwelling units are provided to eligible tenants; g) requirements for ongoing administration, reporting and monitoring of the affordable dwelling units over the affordability period; h) conditions for offsite affordable dwelling unit delivery if applicable; i) provisions that apply in the event of default of the agreement; and j) other standards or arrangements as appropriate." 4. Schedule A is amended by adding the following definitions into the existing text in alphabetical order: -Non-profit housing provider means, (a) a corporation to which the Not -for -Profit Corporations Act, 2010 applies that is in good standing under that Act and whose primary objective is to provide housing, (b) a corporation without share capital to which the Canada Business Corporations Act applies, that is in good standing under that Act and whose primary objective is to provide housing, (c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act, or (d) an organization that is a registered charity within the meaning of the Income Tax Act (Canada) or a non-profit organization exempt from tax under paragraph 149 (1) (1) of that Act, and whose land is owned by the organization, all or part of which is to be used as affordable housing"; and "Purpose Built Rental Housing means a multiple dwelling where individual dwelling units are not units in a plan of condominium, and which is intended for use as rented residential premises." 5. Schedule A is amended by adding the following text after the final paragraph of the definition of Affordable Housing/Affordability: "Notwithstanding the preceding, for the purposes of policies relating to Inclusionary Zoning in section 4, affordable housing means: c) for dwelling units within buildings that are not within purpose-built rental housing, in accordance with subsection b); and 9 Page 562 of 592 d) for dwelling units within purpose-built rental housing, the greater of the value calculated in accordance with subsection c); or 30% of median renter income for the regional market area, as published from time to time by Canada Mortgage and Housing Corporation." 6. Schedule B is amended by inserting the words "Inclusionary Zoning Implementation Brief" between the words "Existing Conditions Plan" and "Neighbourhood Design Report or Brief' 10 Page 563 of 592 APPENDIX 1 — Statutory Public Meeting Notice Advertised in The Record — January 5, 2024 NOTICE OF PUBLIC MEETING � proposing lndusionary Zoning requirements for Aordabte housing within major transit station areas {:i Tim Donegani, Senior Ptanner tim.donegani,,4)kitchener.ca 519.741,2200 x7067 Have Your Voice Heard! Planning & Strategic Initiatives Committee Gate: January 29.2024 Location; Council Chambers, Kitchener City Hall 200 King Street West orVirtuat Zoom Meeting Go to kitchener ca/meet i ngs and select Current agendas and reports (posted 10 days before meeting) Appear as a delegation • Watch a meeting To learn more visit- www.engagewr.ca/ inclusionary -zoning The City of Kitchener will consider city -initiated Official Plan an Zoning 6y -law amendments that would require some affordable housing units tote included as part of new buildings within Protected Major Transit Station Areas. These requirements are called Inclusionary Zoning and would establish a minimum number of units that would be required to be set aside to be rented to low and moderate income households at affordable rents for the next 25 yearn 11 Page 564 of 592 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — October 22, 2019 12 Page 565 of 592 APPENDIX 3 Minutes of the Meeting of City Council — October 28, 2019 13 Page 566 of 592 14 Page 567 of 592 BY-LAW NUMBER XXX OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of Kitchener — Inclusionary Zoning WHEREAS it is deemed expedient to amend By-law 2019-051; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as following amendments to by-law 2019-051: 1. Section 4 is hereby amended by deleting section 4.3 in its entirely and replacing it as follows: "4.3 INCLUSIONARY ZONING a) For the purposes of this Section 4.3, Affordable Unit - means a dwelling unit where the maximum rent is in accordance with subsections 4.3 e) and is occupied by an eligible tenant in accordance with subsection 4.3 d) of this By-law. Complete Application - means an application that contains sufficient particulars and information to allow it to be processed and approved. An application that is incomplete becomes a complete application on the date that the required particulars and information are provided to the City. Development —means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof. Eligible Tenant(s) - means a tenant is eligible to occupy affordable units in accordance with subsection 4.3 f) Gross Leasable Residential Floor Area - means the aggregate horizontal area of dwelling units in a building measured from the exterior faces of the exterior walls of all storeys of a building. For greater clarity, Gross Leasable Residential Floor Area does not include common or parking areas or storage lockers. Page 568 of 592 Non-profit housing provider -means i) a corporation to which the Not -for -Profit Corporations Act, 2010 applies that is in good standing under that Act and whose primary objective is to provide housing; ii) a corporation without share capital to which the Canada Business Corporations Act applies, that is in good standing under that Act and whose primary objective is to provide housing; iii) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act; or iv) an organization that is a registered charity within the meaning of the Income Tax Act (Canada) or a non-profit organization exempt from tax under paragraph 149(1)(1) of that Act, and whose land is owned by the organization, all or part of which is to be used as affordable housing. Purpose -Built Rental Housing - means all or part of a multiple dwelling or mixed use building where dwelling units are not a unit within a registered plan of condominium per section 2 of the Condominium Act, and which is intended for use as rented residential premises." Regional Market Area —means the real estate market within the geographical boundary of the Region of Waterloo. b) The following regulations shall apply to the following Protected Major Transit Station Areas identified on Appendix F to this By-law: • Grand River Hospital; • Central Station; • Victoria Park/Kitchener City Hall; • Queen/Frederick; • Kitchener Market; • Borden; and • Mill. C) Section 4.3 of this By-law does not apply to the following developments: i) Existing buildings except where any addition or change in use would result in 50 or more new dwelling units; ii) Development that would add fewer than 50 dwelling units to a lot,- iii) ot,iii) Development where a non-profit housing provider has an interest that is greater than 51 per cent; iv) Development that, on or before the effective date of the zoning by-law amendment bringing this section 4.3 Inclusionary Zoning provisions into this By-law, is the subject of a complete application for: a. a plan of subdivision under section 51 of the Planning Act; Page 569 of 592 b. a description or an amendment to a description under section 9 of the Condominium Act; c. Building permit; and/or d. Site plan control under section 41 of the Planning Act; V) Development that is exempt in accordance with the Planning Act and associated regulations; vi) Large Residential Care Facility; vii) Lodging House; viii) Group Home ix) Hospice; X) A student residence owned and/or operated by a post -secondary school; or A) The portion of any development that has received a `shell' building permit prior to January 1, 2025. d) A percentage of gross leasable residential floor area shall be provided as affordable units in accordance with Table 4-1. Table 4-1: Inclusionary Zonina Set-aside Reauirements e) The maximum rent that can be charged for affordable units will be determined annually by the City, in consultation with the Region and according to the following definition: i) within buildings that are not purpose-built rental housing, the lesser of average market rent for the regional market area according to the number of bedrooms; or Page 570 of 592 Minimum Percentage of Gross Leasable Market Area Protected Major Transit Residential Floor Area to be provided for Station Area affordable units Prime . Central Station • Victoria Park/Kitchener 2% City Hall • Queen/Frederick Established . Grand River Hospital • Kitchener Market 1% • Borden • Mill Emerging . Block Line • Fairway 0% • S ortsworld e) The maximum rent that can be charged for affordable units will be determined annually by the City, in consultation with the Region and according to the following definition: i) within buildings that are not purpose-built rental housing, the lesser of average market rent for the regional market area according to the number of bedrooms; or Page 570 of 592 30% of the 60th percentile household income for renter households for the regional market area; and ii) within purpose-built rental housing, the greater of the figure calculated in accordance with subsection 4.3 e) i) above or 30% of median renter household income for regional market area, as published from time to time by Canada Mortgage and Housing Corporation. f) Tenants of affordable units shall be pre -approved by the City in consultation with the Region and have a maximum household income of 3.5 times the unit's rent at the time the tenant first occupies the unit. g) Affordable units shall be similar to market units in terms of mix, type, size, and quality as further detailed in the agreements described in section 4.3 i). h) Affordable units shall not exceed the maximum rent set out in subsection 4.3 e) and will be provided to eligible tenants in accordance with subsection 4.3 f) for a minimum of 25 years after the date the unit is first occupied. i) Inclusionary Zoning requirements in Section 4.3 and related matters outlined in the City's Official Plan and Planning Act shall be secured by one or more legal agreements with the City, owner, and owner of offsite units if applicable, to the satisfaction of the City Solicitor, and registered on title of the lands." 2. Section 19 is hereby amended by adding Site Specific Provision (4) as follows: "Within the lands zoned SGA -2, SGA -3, or SGA -4 and shown as affected by this provision on Zoning Grid Schedules 117, 118, 119, 143, 144, and 145 of Appendix A, despite Table 4-1 of Section 4.3 of this By-law, the minimum amount of Gross Leasable Residential Floor Area to be provided as Affordable units shall be in accordance with the Prime Market Areas in Table 4-1. " 3. Zoning Grid Schedule Numbers 117, 118, 119, 143, 144, and 145 of Appendix A of By- law Number 2019-051 are hereby amended by adding Site Specific Provision (4) as shown on Attachment 1. 4. Appendix F is hereby added to By-law 2019-051 as shown on Attachment 2. 5. The following marginal note, which does not form part of this By-law in accordance with section 1. 10, is added adjacent to Table 4-1 as follows: "The City intends to amend the zoning by-law periodically to adjust the rates in this table up to 5% by the year 2031 and according to market conditions as outlined in Official Plan Table 3 and policy 4.C.1.56." 6. This By-law shall become effective when Official Plan Amendment No. xx (Inclusionary Zoning), comes into effect pursuant to Section 24(2) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Page 571 of 592 PASSED at the Council Chambers in the City of Kitchener this day of , 2024. Mayor Clerk Page 572 of 592 Attachment 1 Map showing the locations on Appendix A to By-law 2019-051 where Site Specific Provision (4) apply Page 573 of 592 METRIC SCALE 1:4000 100 Meters L (D CL CL El �E �Ez E = z =, z Z x .0 a) a) ul s c: 'O U) O U � O) Q c U) a) 0 CL O O O �' N c�5 a- M N O N N L d E d O Z d R 0 00 9r- 9r— (D r(D U (n 0) .c: O N L (D CL CL El METRIC SCALE 1:4000 100 Meters �E �Ez E = z =, z Z x .0 a) a) ul s c: 'O U) O U � O) Q c U) a) 0 CL O O O �' N c�5 a- M N O N N L d E d O Z d R 0 9r- 9r— (D r(D U (n 0) .c: O N L (D CL CL El METRIC SCALE 1:4000 100 Meters �E �Ez E = z =, z Z x .0 a) a) ul s c: 'O U) O U � O) Q c U) a) 0 CL O O O �' N c�5 a- M N O N N L d E d O Z d R 0 cm 0 N METRIC SCALE 1:4000 100 Meters z 1, "1 1 Now! - r"li;�10.41L END r r 1 o � L (D CL CL El METRIC SCALE 1:4000 100 Meters �E �Ez E = z =, z Z x .0 a) a) ul s c: 'O U) O U � O) Q c U) a) 0 CL O O O �' N c�5 a- M N O N N L d E d O Z d R 0 LO 9r— (D (D U (n 0) .c: O N L (D CL CL El METRIC SCALE 1:4000 100 Meters �E �Ez E = z =, z Z x .0 a) a) ul s c: 'O U) O U � O) Q c U) a) 0 CL O O O �' N c�5 a- M N O N N L d E d O Z d R 0 Attachment 2 New Appendix F to By -Law 2019-051 that shows detailed PMTSA boundaries and labels Page 580 of 592 Appendix F. Protected Major Transit Station Areas YL Trac scut I?a 7W Page 581 of 592 BY-LAW NUMBER xxx OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1 known as the Zoning By-law for the City of Kitchener — Inclusionary Zoning WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as following amendments to By-law 85-1: 1. Section 5 is hereby amended by adding the following section after section 5.33 FOUR TO TEN DWELLING UNITS ON A LOT: "5.34 INCLUSIONARY ZONING a) For the purposes of this Section 5.34 "Affordable Unit" means a dwelling unit where the maximum rent is in accordance with subsection 5.34 e), and is occupied by an eligible tenant in accordance with subsection 5.34 f) of this By-law. "Complete Application" means an application that contains sufficient particulars and information to allow it to be processed and approved. An application that is incomplete becomes a complete application on the date that the required particulars and information are provided to the City. "Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof. "Eligible Tenant(s)" - means a tenant that is eligible to occupy affordable units in accordance with subsection 5.34 f) "Gross Leasable Residential Floor Area" means the aggregate horizontal area of dwelling units in a building measured from the exterior faces of the exterior walls of all storeys of a building. For greater clarity, Gross Leasable Residential Floor Area does not include common or parking areas or storage lockers. "Non-profit housing provider" means Page 582 of 592 i) a corporation to which the Not -for -Profit Corporations Act, 2010 applies that is in good standing under that Act and whose primary objective is to provide housing; ii) a corporation without share capital to which the Canada Business Corporations Act applies, that is in good standing under that Act and whose primary objective is to provide housing; iii) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act; or iv) an organization that is a registered charity within the meaning of the Income Tax Act (Canada) or a non-profit organization exempt from tax under paragraph 149(1)(1) of that Act, and whose land is owned by the organization, all or part of which is to be used as affordable housing. "Purpose -Built Rental Housing" means all or part of a multiple dwelling or mixed use building where dwelling units are not a unit within a registered condominium per section 2 of the Condominium Act, and which is intended for use as a rented residential premises. "Regional Market Area" means the real estate market within the geographical boundary of the Region of Waterloo. b) The following regulations shall apply to the following Protected Major Transit Station Areas identified on Appendix F to this by-law: • Grand River Hospital; • Central Station; • Victoria Park/ Kitchener City Hall; • Queen/ Frederick; • Kitchener Market; • Borden; and • Mill. C) Section 5.34 of this By-law does not apply to the following developments: i) Existing buildings except where any addition or change in use would result in 50 or more new dwelling units; ii) Development that would add fewer than 50 dwelling units to a lot; iii) Development where a non-profit housing provider has an interest that is greater than 51 per cent; iv) Development that, on or before the effective date of the zoning by-law amendment bringing this section 5.34 Inclusionary Zoning provisions into this By- law, is the subject of a complete application for: a. a plan of subdivision under section 51 of the Planning Act; Page 583 of 592 b. a description or an amendment to a description under section 9 of the Condominium Act; or c. Building permit; and/or d. Site plan control under section 41 of the Planning Act; V) Development that is exempt in accordance with the Planning Act and associated regulations; vi) Residential Care Facility; vii) Lodging House; viii) Group Home; ix) Correctional Group Home; x) Hospice; A) A student residence owned and/or operated by a post -secondary school; or xii) The portion of any development that has received a `shell' building permit prior to January 1, 2025. d) A percentage of gross leasable residential floor area shall be provided as affordable units in accordance with Table 5-1. Table 5-1: Inclusionary Zonina Set -Aside Reauirements e) The maximum rent that can be charged for affordable units will be determined annually by the City, in consultation with the Region and according to the following definition: i) within buildings that are not purpose-built rental housing, the lesser of average market rent for the regional market area according to the number of bedrooms; Page 584 of 592 Protected Major Transit Minimum Percentage of Gross Leasable Market Area Station Area Residential Floor Area to be provided for affordable units Prime . Central Station • Victoria Park/Kitchener 2% City Hall • Queen/Frederick Established . Grand River Hospital • Kitchener Market 1 % • Borden • Mill Emerging . Block Line • Fairway 0% • S ortsworld e) The maximum rent that can be charged for affordable units will be determined annually by the City, in consultation with the Region and according to the following definition: i) within buildings that are not purpose-built rental housing, the lesser of average market rent for the regional market area according to the number of bedrooms; Page 584 of 592 or 30% of the 601h percentile household income for renter households for the regional market area; and ii) within purpose-built rental housing, the greater of the figure calculated in accordance with subsection 5.34 e) i) above or 30% of median renter household income for regional market area, as published from time to time by Canada Mortgage and Housing Corporation. f) Tenants of affordable units shall be pre -approved by the City in consultation with the Region and have a maximum household income of 3.5 times the unit's rent at the time the tenant first occupies the unit. g) Affordable units shall be similar to market units in terms of mix, type, size, and quality as further detailed in the agreements described in section 5.34 i). h) Affordable units shall not exceed the maximum rent set out in subsection 5.34 e) and will be provided to eligible households in accordance with subsection 5.34 f) for a minimum of 25 years after the date the unit is first occupied. i) Inclusionary Zoning requirements in Section 5.34 and related matters outlined in the City's Official Plan and Planning Act shall be secured by one or more legal agreements with the City, owner, and owner of offsite units if applicable, to the satisfaction of the City Solicitor, and registered on title of the lands." 2. APPENDIX "D" - SPECIAL REGULATION PROVISIONS FOR SPECIFIC LANDS to By- law 85-1 is hereby amended by adding Special Regulation Provision 808R as follows: "Notwithstanding Table 5-1 in section 5.34 of this By-law, within the lands zoned M-2 on Schedule 143 of Appendix A, the percentage of gross leasable residential floor area to be provided as affordable units shall be in accordance with the Prime Market Areas in Table 5-1 ." 3 Schedule Number 143 of Appendix A to By-law Number 85-1 is amended by adding Special Regulation Provision (808R) in accordance with Attachment 1. 4. Appendix J is hereby added to By-law 85-1 in accordance with Attachment 2. 5. This By-law shall become effective only if Official Plan Amendment No. xx (Inclusionary Zoning), comes into effect pursuant to Section 24(2) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Page 585 of 592 PASSED at the Council Chambers in the City of Kitchener this day of , 2024. Mayor Clerk Page 586 of 592 Attachment 1 Changes to Appendix A to By-law Number 85-1 to add Special Regulation Provision (808R) to specified lands Page 587 of 592 z U METRIC SCALE 1:4000 100 Meters z AP&WOOkoor, rAW57,k*=l'pdl XY rAwl� Attachment 2 New Appendix J that shows detailed PMTSA boundaries and labels Page 589 of 592 Appendix J. Protected Wor Transit Station Areas Protected MTSA Light Rail Transit (LRT) Station Kitchener Market Lands within Protected Major Transit Station Areas are subject to Inclusionary Zoning requirements, as outlined in Section 5 — General Regulations and any other section(s) of Zoning By-law 85-1. 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