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Home My WebLink AboutPSI Agenda - 2024-06-17�i IIL � voi ism Planning & Strategic Initiatives Committee Agenda Monday, June 17, 2024, 4:00 p.m. -11:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the delegation section on the agenda below for in-person registration and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. MEETING PART ONE - 4:00 p.m. - 5:00 p.m. 2. Commencement 3. 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. 4. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 4.1 Draft Plan of Condominium Application (Vacant Land), 30CDM-24204, 20 Ottawa Street North, 20 Ottawa GP Inc, DSD -2024-256 4.2 Draft Plan of Condominium Application (Vacant Land), 30CDM-24205, 455-509 Mill Street, Polocorp Inc., DSD -2024-257 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 2:00 p.m. on June 17, 2024 in order to participate electronically. 5.1 Item 7.1 - Char Lee, Lived Expertise Working Group 6. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 7. 0 a 10. 11. 6.1 Zoning By-law Amendment Application 15 m ZBA24/009/J/TS, 179 Jansen Avenue, 100589420 Ontario Inc., DSD -2024-251 (Staff will provide a 5 -minute presentation on this matter.) Discussion Items 7.1 Lived Expertise Working Group Next Steps, 30 m DSD -2024-277 (Staff will provide a 5 -minute presentation on this matter.) MEETING PART TWO - 6:00 p.m. Delegations (Part Two) 9.1 Item 10.1 - Stephen Litt Discussion Items 10.1 Rental Replacement By-law, DSD -2024-282, 150 m DSD -2024-282 (Staff will provide a 5 -minute presentation on this matter.) Information Items 11.1 None. C! 36 M-1 106 111 Page 2 of 174 12. Adjournment Marilyn Mills Committee Coordinator Page 3 of 174 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 17, 2024 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals 519-741-2200 ext. 7070 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: May 17, 2024 REPORT NO.: DSD -2024-256 SUBJECT: Draft Plan of Condominium Application (Vacant Land) 30CDM-24204 20 Ottawa Street North 20 Ottawa GP Inc RECOMMENDATION: That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, By-law 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24204 for 20 Ottawa Street North in the City of Kitchener, subject to the conditions as shown in Appendix `A'. REPORT HIGHLIGHTS: • The purpose of this report is to provide a planning recommendation to approve the proposed Vacant Land Condominium (VLC) for the property located at 20 Ottawa Street North. • Community engagement for the VLC Application included: o Circulation of a notice letter to owners of property within 240 metres of the subject property; o Staff received 6 neighbourhood responses and corresponded directly with the members of the public; and, o Notice of the public meeting was advertised in The Record on May 24, 2024. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 174 EXECUTIVE SUMMARY: The owner of the property at 20 Ottawa Street North is proposing to obtain draft approval for a 3 -unit VLC which will consist of 3 Units and common elements representing each of the residential buildings. The Unit breakdown is as follows: Unit 1 - 29 storey tower with 301 residential dwelling units. Unit 2 - 6 storey building with 120 residential dwelling units. Unit 3 - 4 storey building with 47 residential dwelling units. Staff is supportive of the proposed application for the subject lands. BACKGROUND: The Owner, 20 Ottawa GP Inc., has made application to the City of Kitchener for a Draft Plan of VLC. 4- C) 1 �0.��rr CO q - AREA �n F Figure 1: Location map a CO ��w 4z �r The subject lands are addressed as 20 Ottawa Street North and are located near the intersection of King Street East and Ottawa Street North. The subject property has a lot area of 1.23 hectares (3.04 acres) with 147 metres of frontage along Ottawa Street North. The subject lands are located within the City's delineated built up area, and within a Major Transit Station Area. The lands are identified as a MTSA in the 2014 Kitchener Official Page 5 of 174 Plan. In the City's Official Plan on Map 2 — Urban Structure the lands are within the MTSA circle for the Borden station. In May 2022, Council approved Official Plan and Zoning By-law Amendments on the subject lands which changed the Official Plan designation from `Neighbourhood Mixed Use Centre with Special Policy Area 3' to `Mixed Use Corridor' in the King Street East Secondary Plan, and changed the zoning from `Neighbourhood Shopping Centre Zone (C- 2) with Special Use Provision 2U' in Zoning By-law 85-1 to `High Intensity Mixed Use Corridor Zone (MU -3)' in Zoning By-law 85-1 to permit the development of a high intensity mixed use development. The proposed Vacant Land Condominium application was submitted and deemed complete prior to Council approving Growing Together in March 2024. The applicant has submitted Site Plan Application SP22/174/0/CD which has received conditional Site Plan Approval for a residential development with 468 residential dwelling units within 3 buildings, one 29 -storey tower with 301 residential dwelling units, one 6 -storey building with 120 residential dwelling units and one 4 -storey building with 47 residential dwelling units. REPORT: The owner of the subject lands is proposing a VLC which will consist of 3 Units and common elements representing each of the residential buildings. The Unit breakdown is as follows: Unit 1- 29 storey tower with 301 residential dwelling units. Unit 2- 6 storey building with 120 residential dwelling units. Unit 3- 4 storey building with 47 residential dwelling units. Internal drive aisles, walkways, and landscaped areas, will make up the common elements. A VLC is similar to a plan of subdivision except that any roadways are privately -owned, rather than publicly owned, and lots are referred to as "units" in a VLC. The owner has received Conditional Site Plan approval for Site Plan Application SP22/174/0/CD as shown in Appendix `E'. The residential development consisting of 3 units to be developed with residential buildings is permitted on the lands as per the policies in the City's Official Plan and regulations in the City's Zoning By-law 85-1. The VLC is attached as Appendix W. The purpose of the VLC is to permit the individual ownership (tenure) of each of the residential dwelling units within the buildings on the subject property. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. Page 6 of 174 Housing related policies in the PPS encourage providing an appropriate range and mix of housing options and densities to meet projected market-based needs of current and future residents. The PPS also promotes directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to make efficient use of land. The proposed development is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services and which creates high quality public open spaces. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and targets in this Plan, as well as the other policies of this Plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Planning staff are of the opinion that the applications conform to the policies of the Growth Plan. Regional Official Plan (ROP) 2023: The subject lands are located within the "Urban Area", and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP). Permitted uses of the Urban Area and Delineated Built -Up Area in the ROP include urban uses such as residential and commercial uses, among others. The subject lands are in the Borden Station (MTSA) in the ROP. The minimum density target within the Borden Station MTSA is 160 people and jobs/ha. The future development of the subject lands will contribute to the achievement of the overall density target for the Borden Station MTSA. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Based on Staff review and comments from the Region of Waterloo, Staff is of the opinion that the application conforms to the Regional Official Plan. Official Plan The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Protected Major Transit Station Area (PMTSA). The planned function of the PMTSA is to provide densities that will support transit, and achieve Page 7 of 174 a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. Policies also require that development applications in PMTSAs give consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. The subject lands are designated `Mixed Use Corridor"' (Map 10) in the 1994 Official Plan (King Street East Secondary Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. A maximum Floor Space Ratio (FSR) of 4.0 is permitted. The City's Official Plan contains policies that speak to provision of housing, including redevelopment: Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium, and vacant land condominium, as a means of increasing housing choice and diversity. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Department and Agency Comments: A copy of all comments received from the commenting agencies and City departments are attached as Appendix `C'. There are no outstanding concerns with the proposed application. Page 8 of 174 Community Input and Staff Responses: Staff received 6 written responses from nearby residents (attached as Appendix `D'). Residents had concerns with the height of the buildings and density of the proposed development. Planning staff responded directly to the residents by email to answer their questions and concerns and explained that only the tenure is being considered and that the height and density was previously approved by Council in May 2022. No changes to the built form, unit count, Official Plan designation or Zoning can be made through this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the committee meeting. A notice of the public meeting was placed in the newspaper on May 24, 2024 (Appendix `B'). CONSULT — The Application was circulated to property owners within 240 metres of the subject lands on March 1, 2024 as per Planning Act requirements. This report will be posted to the City's website with the agenda in advance of the committee meeting. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 85-1 and 2019-051 • Official Plan, 1994 • Regional Official Plan, 2023 (amended by ROPA 6) • Provincial Policy Statement, 2020 • Planning Act, 1990 • Growth Plan, 2020 • Site Plan Application SP22/174/0/CD REVIEWED BY: Malone -Wright, Tina —Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Appendix A — Draft Approval Conditions and Draft Plan of Condominium 30CDM-24204 Appendix B — Newspaper Notice Appendix C — Department and Agency Comments Appendix D — Neighbourhood Comments Appendix E — Site Plan SP22/174/0/CD Page 9 of 174 Appendix "A" DSD -2024-256 DRAFT PLAN OF CONDOMINIUM 30CDM-24204 20 Ottawa Street North 20 Ottawa GP Inc. RECOMMENDED CONDITIONS OF DRAFT APPROVAL That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2023-103, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-24204 for the property municipally known as 20 Ottawa Street North in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-24204 owned by 20 Ottawa GP Inc., dated February 16, 2024 proposing a Vacant Land Condominium Plan for 1.23 hectares of land comprised of 3 units and common elements. Units 1-3: Residential units Common Elements: Internal drive aisle, walkways, and landscape areas. 2. That the final plan shall be prepared in general accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Development and Housing Approvals. 3. That prior to registration, the Owner obtain approval form the City's Addressing Analyst of the following: An addressing plan showing the proposed units with Condominium Unit Numbering; and; ii) A summary table containing the proposed Condominium Unit Numbering and assigned municipal addresses. 4. That the Condominium Declaration proposed to be registered (the "Declaration") or any amendment thereto to effect the registration of a condominium phase shall be submitted for approval to the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services. The said Declaration shall contain: Provisions, to the satisfaction of the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements including, but not limited to, access lanes, sanitary, storm and water services, gas utilities and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 4 ii) through 4 vii), as outlined below, to the satisfaction of the City's Director of Development and Housing Approvals. ii) That the condominium corporation agrees to maintain the subject lands in compliance with approved Site Plan. iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation; Page 10 of 174 iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. v) Provisions that identify if the approved condominium plan is to be phased pursuant to the Act that ensure that: a. the lands in the registered condominium plan created by the registration of the Declaration and Description have either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; b. the lands in any phase registered after the initial registration of the Declaration and Description have, following the registration of such phase, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to c. all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; d. the remainder of the lands of the approved condominium plan not yet registered as part of the proposed condominium plan have, following the initial registration of the Declaration and Description or any phase thereof, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner. e. the City's Manager of Development Review and/or the Region's Commissioner of Planning, Development and Legislative Services may require solicitors' and/or engineers' written opinions as such Manager or Commissioner may deem necessary to establish compliance with any one or more of the conditions set out in the three subparagraphs immediately above. vi) That Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plan ninga-wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point. Page 11 of 174 vii) In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point. 5. That the Owner covenant and agree in writing to the City's Director of Development and Housing Approvals to register a Condominium Declaration which shall include the approved provisions as required in condition 4 hereof. 6. That the Owner shall provide an undertaking that the new home purchasers will be advised in Offers of Purchase and Sale of the location of Centralized Mail Boxes. 7. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 8. That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: For any of such easements which are not blanket easements, the Owner shall provide drafts of any required reference plan(s) showing the proposed easement(s) location to the City's Director Development & Housing Approvals prior to the registration. Such easement(s) and reference plan(s) must be circulated for comment to Enova Power Corp., any telecommunication companies, and the City's Director of Engineering Services to ensure that there are no conflicts between the desired locations for utility and municipal easements. ii) if utility easement locations are proposed within lands to be conveyed to, or owned by the City, the Owner shall obtain prior written approval from the City's Director Development & Housing Approvals; and iii) to provide to the City's Director Development & Housing Approvals a clearance letter from each of Enova Power Corp. and the telecommunications company (ies) (if any) supplying telecommunication services to the property. Such letter shall state that sufficient wire -line communication/telecommunication infrastructure is available within the proposed development and the provider(s) have received all required easements if required. 9. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works as may be identified through the Site Plan process to the satisfaction of the City's Director of Development and Housing Approvals. The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformity with the approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. Page 12 of 174 ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Director of Development and Housing Approvals, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Director of Development and Housing Approvals. 11. That prior to the initial registration, where required, at the discretion of the Chief Building Official, that the Owner enter into a shared servicing agreement to be registered on title, to the satisfaction of the City Solicitor. In addition, where the shared servicing agreement is required: ii) The Owner shall provide a written undertaking to cause the condominium corporation created by the initial registration to enter the same shared servicing agreement after said registration and have the agreement registered on title to the initial registration and proposed future phases, to the satisfaction of the City Solicitor. iii) A solicitor shall provide an undertaking not to register the shared servicing agreement in any form other that the form approved by the City. 12. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Director of Development and Housing Approvals. 13. That the Applicant/Owner agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 14. That prior to final approval, the Owner/Developer shall submit an updated detailed Environmental Noise Study to assess transportation and stationary noise and enter into a Registered Development Agreement with the Regional Municipality of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of within Environmental Noise Study; all to the satisfaction of the Regional Municipality of Waterloo; Page 13 of 174 15. That prior to final approval, the Owner/Developer shall include any recommendations of the Environmental Noise Study including any noise warning clauses (if required) within the Condominium Declaration and all Purchase and Sale/Lease/Rental Agreement(s) to the satisfaction of the Regional Municipality of Waterloo; 16. That prior to final approval, the Owner/Developer shall prepare and submit a Salt Management Plan and include provisions for the Unit Owners and Condominium Corporation within the Condominium Declaration all to the satisfaction of the Regional Municipality of Waterloo; 17. That prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener; and, 18. That prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. CLEARANCES: That prior to the signing of the final plan by the City's Director of Development and Housing Approvals, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 18 inclusive have been met. The submission shall include a brief but complete statement detailing how and when each condition has been satisfied. 2. That prior to signing of the final plan by the City's Director of Development and Housing Approvals, the Regional Municipality of Waterloo shall notify the City's Director of Development and Housing Approvals that Conditions 4i), iii), iv), v) & vii), and 13 through 18 have been satisfied. NOTES: The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality will apply to any future development on the site. 2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. Draft approval will be reviewed by the Director of Development and Housing Approvals from time to time to determine whether draft approval should be maintained. 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Department of Planning, Development and Legislative Services and the City of Kitchener Development Services Department of any changes in ownership, agent, address and phone number. 4. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 96- 025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. 5. This draft plan was received on March 1, 2024 and deemed complete on March 2, 2024 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended as of that date. Page 14 of 174 6. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 7. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and we have received assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the Director of Development and Housing Approvals signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration The following is required for registration and under The Registry Act and for our use: Two (2) original mylar Five (5) white paper prints One (1) digital copy Page 15 of 174 CO 5995 �v M O o P�� o 46 O� wCCU wU) U 17.374 0 04 0 Go M 0 0 Lq �0 N UNIT 3 Cl) H Z W 56.427 L W J� Ln W r •o O UNIT 2 V UNIT 1 0 V .953 46.435 9.28 OTTAWA STREET CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 2024, this draft plan is approved under section 51 of the Planning Act, R.S.O. 1990 as amended, this the day of , 2024, provided no appeal is filed pursuant to subsection 51(39 of the Planning Act. Garett Stevenson, RPP, MCIP Director of Development of Housing Approvals DRAFT PLAN OF VACANT REVISED: CONDOMINIUM APPLICATION No. LAND CONDOMINIUM 0 5 10 15 20 25 LEGAL DESCRIPTION PART 1,58R-21941 OWNER'S NAME: 20 OTTAWA GP INC. SCALE 1:1000 AD FILE: City of Kitchener CSP. W SITE ADDRESS: 20 OTTAWA ST N. DATE: FEBRUARY 16, 202 DEVELOPMENT SERVICES DEPARTMENT P g 16 Ot 1 �4 Region of Waterloo Craig Dumart, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D1920/2/24204 March 26, 2024 Re: Proposed Vacant Land Plan of Condominium 30CDM-24204 20 Ottawa Street North Zehr Group C/O Kevin Muir on behalf of 20 Ottawa GP Inc. (General Partner of 20 Ottawa LP) CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Vacant Land Plan of Condominium at 20 Ottawa Street North in Kitchener. The purpose of these comments is to identify any items that need to be address prior to draft approval and those that can be imposed as conditions of approval. The applicant is proposing a vacant land plan of condominium consisting of three units accessed by a common element road. Unit 1 shall contain a 29 storey tower containing 301 residential dwelling units. Unit 2 shall contain a 6 -storey building containing 120 residential dwelling units. Unit 3 shall contain a four (4) storey building containing 47 residential dwelling units. Internal drive aisles, landscaped areas, and walkways make up the common elements. The subject lands are designated Urban Area and Delineated Built Up Area in the Regional Official Plan. Furthermore, the subject lands are located in the Borden Station Major Transit Station Area. In addition, the subject lands are designated Mixed Use Corridor in the King Street East Neighbourhood Secondary Plan in the City of Kitchener Document Number: 4638656 Version: 1 Page 18 of 174 Official Plan and zoned MU -3 with site specific regulation 777R and Holding Provision 92H in the City of Kitchener Zoning By-law. The subject lands were the subject of an Official Plan Amendment and Zoning By-law Amendment (OPA21/12 and ZBA21/18) which is now in force and effect (subject to the release of the holding provision). This site also has a conditionally approved Site Plan (Municipal File No. SP22/174/0/CD). These comments relate to the Draft Plan of Vacant Land Plan of Condominium prepared by City of Kitchener; dated February 16, 2024: Regional Comments Community Planning The subject lands are designated "Urban Area", and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP). The site is designated Mixed Use Corridor in the City of Kitchener Official Plan. Permitted uses of the Urban Area and Delineated Built - Up Area in the ROP include urban uses such as residential and commercial uses, among others. Regional staff have no objection to the application, and have the following technical comments and conditions related to the proposal: Corridor Planning: Approval of the noise study, regional road dedication, lot grading and servicing plans, stormwater management report and access permits are being addressed through the concurrent site plan application (File No.SP22/174/0/CD). The Owner/Developer is advised that implementation measures associated with the Noise Study will need to be implemented as a condition(s) of draft plan approval. Noise Through the previously reviewed Official Plan Amendment and Zoning By-law Amendment, a holding provision was implemented on the subject lands to obtain a satisfactory detailed noise study. The most recent response to the submission of the noise study is attached to these comments. Regional staff require an updated report and the peer review fee for the third party review. The fee for this third party review is $4,500 + HST ($5,085.00 Total). Please submit payment for the third party review along with the updated noise report. Additional fees may apply depending on scope of review required. Payment can be made either by cheque payable to the Region of Waterloo, or by contacting Ms. Peggy Walter (PWalter(cb.regionofwaterloo.ca) via other methods at the time of submission. Please be advised that the Owner/Developer is responsible for implementing all accepted noise mitigation measures as a condition of draft plan approval. Furthermore, Document Number: 4638656 Version: 1 Page 19 of 174 a development agreement may be required with the Regional Municipality of Waterloo and/or the City of Kitchener for the implementation of the accepted mitigation measures within the noise study, as a condition of draft plan approval. Regional Cultural Heritage: The Region does not require the submission of an archaeological assessment, however, the applicant should be made aware that: If archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act. In addition, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the'Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Hydrogeology and Salt Management: As more than 8 surface vehicular car spaces or 200m2 or more of surface asphalt is anticipated for this development, Regional staff require the submission of a salt management plan as a condition of draft plan approval for this proposal. In addition, the accepted implementation measures shall be implemented within the Condominium Declaration, all to the satisfaction of the Regional Municipality of Waterloo, as a condition of draft plan approval. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. Staff recommend that the applicant consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. Document Number: 4638656 Version: 1 Page 20 of 174 In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs $1,960 which do not exceed 30 percent of gross $418,100 annual household income for low and moderate income households Bachelor: $1,075 Housing for which the purchase price is 1 -Bedroom: $1,245 at least 10 percent below the average $679,300 purchase price of a resale unit in the 3 -Bedroom: $1,631 regional market area 4+ Bedroom: n/a *Based on the most recent information available from the PPS Housing Tables (2022). In order for an owned unit to be deemed affordable, the maximum affordable house price is $418,100. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of A unit for which the rent does not exceed 30 per cent of the gross annual $1,960 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $1,075 average market rent (AMR) in the 1 -Bedroom: $1,245 regional market area 2 -Bedroom: $1,469 3 -Bedroom: $1,631 4+ Bedroom: n/a *Based on the most recent information available from the PPS Housing Tables (2022) In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Document Number: 4638656 Version: 1 Page 21 of 174 Draft Plan of Condominium Conditions: The Region has no objections to draft approval of Vacant Land Plan of Condominium 30CDM-24204, subject to the inclusion of the following conditions of Draft Approval set out below: 1) THAT the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 2) THAT prior to final approval, the Owner/Developer shall submit an updated detailed Environmental Noise Study to assess transportation and stationary noise and enter into a Registered Development Agreement with the Regional Municipality of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of within Environmental Noise Study; all to the satisfaction of the Regional Municipality of Waterloo; 3) THAT prior to final approval, the Owner/Developer shall include any recommendations of the Environmental Noise Study including any noise warning clauses (if required) within the Condominium Declaration and all Purchase and Sale/Lease/Rental Agreement(s) to the satisfaction of the Regional Municipality of Waterloo; 4) THAT prior to final approval, the Owner/Developer shall prepare and submit a Salt Management Plan and include provisions for the Unit Owners and Condominium Corporation within the Condominium Declaration all to the satisfaction of the Regional Municipality of Waterloo; 5) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener; and, 6) THAT prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. Fees The Region acknowledges receipt of the Region's condominium application review fee of $3,450.00 (deposited March 21, 2024). Document Number: 4638656 Version: 1 Page 22 of 174 General Comments Any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. Zehr Group Inc. C/O Kevin Muir (Applicant) Document Number: 4638656 Version: 1 Page 23 of 174 Craig Dumart From: Dave Seller Sent: Monday, March 11, 2024 8:45 AM To: Craig Dumart Subject: TS comments: Draft Plan of Vacant Land Condominium (20 Ottawa Street North) Transportation Services offer the following comments. • Visitor and barrier free parking signs be noted on the site plan. • Barrier free parking spaces and access aisle must be flush with the curb and noted on the site plan. • Barrier free access aisles shall be marked with high tonal contrast diagonal lines and noted on the site plan. Dave Seller, C.E.T. Traffic Planning Analyst Transportation Services I City of Kitchener 519-741-2200 ext. 7369 TTY 1-866-969-9994 1 dave.seller(a)kitchener.ca From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, March 5, 2024 10:57 AM To: _DL_#_DSD_Planning <DSD-PlanningDivision kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Canada Post - Brad Biskaborn (brad.biskaborn@ ca nada post.postescanada.ca) <brad.biskaborn@canadapost. postescanada.ca>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf<Darren.Kropf@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Kayes <Ellen.Kayes@kitchener.ca>; Enbridge - Mat Robson (Mat. Robson@enbridge.com) <Mat.Robson @enbridge.com>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feras AbdulHadi <Feras.AbdulHadi@kitchener.ca>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French Catholic School Board <planification@cscmonavenir.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Landuse Planning <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Jordan MacLaughlin<Jordan.MacLaughlin@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; MPAC - Kelly Button (kelly.button@mpac.ca) <kelIV. button@mpac.ca>; MPAC (LPUconsents@mpac.ca) <LPUconsents@mpac.ca>; Nancy Steinfield <Nancy.Steinfield@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Amalia Walker <AmWalker@regionofwaterloo.ca>; Regional Clerk<regionalclerk@regionofwaterloo.ca>; Region - Howard Chang (SChang@regionofwaterloo.ca) <SChang@regionofwaterloo.ca>; Planning Applications<planningapplications@regionofwaterloo.ca>; Region - Tim Walden (TWalden@regionofwaterloo.ca) <TWalden@regionofwaterloo.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Rogers (SWOGR-PERMITS@ rci.rogers.com) <SWOGR-PERMITS@rci.rogers.com>; Sanitary Storm Approvals (SM) <SanitaryStorm.Approvals kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School Board - Daniel Stojc <stoicd@csviamonde.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Craig Dumart <Craig.Duma rt@kitchener.ca> Subject: Circulation for Comment - Draft Plan of Vacant Land Condominium (20 Ottawa Street North) Please see attached. Comments or questions should be directed to Craig Dumart, Senior Planner (craig.dumart@kitchener.ca; 519-741-2200 x7073). Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter@kitchener.ca Page 24 of 174 Craig Dumart From: Sent: To: Subject: You don't often get email from Hello Mr. Dumart, Irina Kiitarr Saturday, March 23, 2024 8:33 PM Craig Dumart 20 Ottawa St N - comments i this is important I am writing to you to provide a few comments about the application for development at 20 Ottawa Street North. One suggestion is to decrease the size of the tallest tower for the reasons of safety and convenience. From the example of DTK Condos (30+ storey building at 60 Frederick St.) we know that it takes a couple of hours for all residents to exit the building when a fire alarm sounds and another couple of hours to re-enter the building. In case of emergency, there is a high risk that not all people may evacuate the building. In case of a false alarm - major inconvenience to spend multiple hours waiting for everyone to get out and in again. Even if we look at getting in and out of the building on the normal basis, in the case of the above-mentioned building it may take its residents up to 15 minutes to get in or out during busy times such as in the morning and around 5-6pm. So even if the building is between 20 and 30 storeys like the one planned on Ottawa St., it may take very long for people to get in or out which is inconvenient and may result in them being late for a bus and have to wait 30 minutes for the next bus, if they take a bus. Another suggestion is to increase parking from 0.66 to 1. Many builders try to shrink the amount of parking because building parking is not profitable for them but cover this up under excuses of being near public transit. However, let us be honest, it requires 2 people working full time to cover rent and have enough money left for food and other everyday expenses. Most people do not have the luxury of having a well paid job within walking distance or easily reachable by public transport. Although there are efforts to improve public transit, this region is still very far from the state in which most people could get to work, volunteer, do groceries and run errands relying solely on public transport. 1 parking space per unit is really the minimum that is needed even if the building is close to buses and the tramway. Care about the good level of life of the people who will reside there one day is what is on my mind as I provide you with these comments. Thank you for considering them and I hope that to some degree they will get implemented. Overall, I am excited that the area is getting developed. I hope it will bring a positive effect on the neighbourhood! Thank you and have a nice day, Irina Kiitam Page 25 of 174 Craig Dumart From: Audrey Charbonneau Sent: Monday, March 18, 2024 4:48 PM To: Craig Dumart Subject: 20 Ottawa Street North, Kitchener You don't often get email frorr, Learn why this is important I have concerns about the proposed units to be built on Ottawa street, noted above. I feel that 29 storeys is far too tall for the neighbourhood. Most buildings are only 1 or 2 storeys high with the exception of apartments that are 3 or 4 storeys. The most recent apartment built is 6 storeys. I believe that although profitable to the owner, will be a burden to the neighbourhood. The second concern is to do with parking. There is no way that this building lot will have enough room for the proposed building and parking. There is no parking on the surrounding streets, King, Ottawa, Weber, Onward. The tenant will have guests who will need somewhere to park. Although this is beside Eastwood Plaza it would be unfair to dump the excess vehicles on the businesses in the plaza and take parking from the customers. Lastly, the intersection of King and Ottawa was just widened and if delivery trucks and other vehicles stop at this new building it will cause much backup and delay we just had relieved. I hope this helps you reconsider the needs of the people who live here and not just the needs of the new people to come. Audrey Charbonneau Page 26 of 174 Craig Dumart From: doug fitzgibbons Sent: Thursday, March 21, 2024 3:44 PM To: Craig Dumart Subject: Proposed development at 20 Ottawa St. North Hello Craig, We corresponded when this development was first proposed. We are very happy to see that unit 3 which is directly behind our property will now be limited to 4 stories. It is however, difficult to tell from the drawing the exact location of the building in relationship to our property and whether or not the originally planned plantings will still form a buffer zone. It is also unclear whether there will be access to the development from Onward ave. The notice does indicate that drive aisles, landscaped areas and walkways will make up the common elements. On the drawing there is only one strip at the Tim Hortons side that shows as common elements. Is there a more detailed plan? I have been trying to remember the initial plan to see if Unit 2 has been increased in size and if it has been relocated further away from the church property and the other houses? One other item would be to know where the mechanics for Unit 3 will be located. As the operation of these can be quite noisy so proximity to the 4 or 5 affected properties could have a significant impact. In the first plan it was indicated that new fences would be provided for the affected properties on Onward. Is this still the plan? Thank you for your attention to these queries. I look forward to your reply. Sincerely, Jane and Doug Fitzgibbons Get Outlook for iOS Page 27 of 174 Craig Dumart From: Emma Zheng Sent: Sunday, March 17, 2024 5:27 PM To: Craig Dumart Subject: Development on 20 Ottawa Street North You don't often get email from earn why this is important Hi Craig, Please inform me about the subject application, as the high rise will greatly impact my house on Onward Avenue. I want to attend the upcoming Neighborhood meeting when it is scheduled. Thanks Ming Page 28 of 174 Craig Dumart From: Bobby Linder Sent: Monday, March 11, 2024 2:40 PM To: Craig Dumart Subject: 20 Ottawa Street North You don't often get email from )y this is important Good afternoon, my name is Bobby Linder, and I am the facilities director fo ocated at in Kitchener. I received a notice in the mail about a neighborhood development that is at the planning and application stages. We did have some questions come up; we are wondering what type of Residential housing is being planned for this project. Is the purpose of these residential dwellings plans meant for affordable housing? As you are aware this is a very important issue that needs to be addressed. The only other comment that we would offer at this time is to ensure the strategic plan by the builder9 should this project be approved0 is that there is ample parking on site for the workers and others that are supporting this project. Thank you for taking the time to read my comments. gobb� LI crier Director of Maintenance Page 29 of 174 Craig Dumart From: Dr. Prabir Panda Sent: Saturday, March 23, 2024 10:04 AM To: Craig Dumart; Stephanie Stretch Subject: Comments for proposed development at 20 Ottawa Street North Some people who received this message don't often get email from rn why this is important Dear team, Thank you for reaching out for comments/views from the affected communities. I have perused the application for development for 20 Ottawa St North as well other such applications having spillover effect on Onward Ave. I am of the considered opinion that the proposed development adjoining church, adversely affects tranquillity, population density and visual appeal of our neighbourhood. This area is also adversely affected by development of 1,224 dwelling units and 7,240 m2 of commercial and institutional space being considered for 50 Borden Ave South. Therefore, I would request that the proposed high-density development at 20 Ottawa Street North be rejected. Regards Dr. Prabir Panda Page 30 of 174 ------------------------------------------ OTTAWA STREET NORTH SITE P LAN REVISED: SITE PLAN APPLICATION No. SP22/174/0/CD LTS 31-33, 41-50 PL 309 KITCHENER; PT PARK LT 25 PL 404 KITCHENER; PT LT 1 PL 654 KITCHENER; PT LT 44 (LEVEL P2 PLAN) 0 5 10 15 20 25 SUBDIVISION OF LT 1 GERMAN COMPANY TRACT KITCHENER 20 OTTAWA LP SCALE 1:1,000 City of Kitchener CAD FILE: 20 OTTAWA ST N, KITCHENER, ON DATE: MARCH 07,2023 DEVELOPMENT SERVICES DEPARTMENT SP.DWG Page 31 of 174 SITE STATISTICS Zoning- MU -3, 777R, 92H (85-1) Zoning Amendment- 2022-070 eoaowso Lot Area- 12,325.Om2 Lot Area (Road Widening) -280.9m' Lot Area (Net) -12,044.1 m2 Building Coverage- 4,797.9m' (39.8%) Landscaped Area- 4,787.4m' (39.7%) m _ Asphalt / Hard Surface Area- 2,473.6m2 (20.5%) LLL Parking Required- 207 Spaces (By -Law 85-1) 0.74 Spaces/ Unit > 51.Om2 (224 Units) 0.165 Spaces/ Unit < 51.Om' (244 Units) 224 Units x 0.74= 166 Spaces —I— 244 Units x 0.165= 41 Spaces - o o I Parking Provided- 387 Spaces © I OPE-R PARRI'MOSTRUCTURE ° I Visitor Parking Required- 7% of Required Parking P 207 Required Spaces x 7%= 15 Spaces - o m © o Visitor Parking Provided -15 Spaces Barrier -Free Parking Required- 6 Spaces Barrier -Free Parking Provided- 6 Spaces (4- Type A, 2- Type B) I Parking Space Minimum Dimensions- 2.6m x 5.5m Parking Space Minimum Dimensions (Abutting Wall)- 2.75m x 5.5m h Class A Bicycle Parking Provided - 356 Spaces Class B Bicycle Parking Provided - 6 Spaces p' p le f MULTI -RESIDENTIAL Number of Units -468 Spa 40,06 12,32 ' Floor Space Ratio- 9.5m / 5.Om = 3.3 = BUIL�INGB BUILDING NOTE. M"= � ALL ASPHALT AREAS TO BE DEFINED WITH 0.15m HIGH POURED CONCRETE CURBING, U.N.O. SNOW TO BE PICKED UP AND TAKEN OFF SITE FOR DISPOSAL. o. a ------------------------------------------ OTTAWA STREET NORTH SITE P LAN REVISED: SITE PLAN APPLICATION No. SP22/174/0/CD LTS 31-33, 41-50 PL 309 KITCHENER; PT PARK LT 25 PL 404 KITCHENER; PT LT 1 PL 654 KITCHENER; PT LT 44 (LEVEL P2 PLAN) 0 5 10 15 20 25 SUBDIVISION OF LT 1 GERMAN COMPANY TRACT KITCHENER 20 OTTAWA LP SCALE 1:1,000 City of Kitchener CAD FILE: 20 OTTAWA ST N, KITCHENER, ON DATE: MARCH 07,2023 DEVELOPMENT SERVICES DEPARTMENT SP.DWG Page 31 of 174 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SITE STATISTICS Zoning- MU -3, 777R, 92H (85-1) Zoning Amendment- 2022-070 Lot Area- 12,325.Om2 Lot Area (Road Widening) -280.9m' Lot Area (Net) -12,044.1 m2 Building Coverage- 4,797.9m' (39.8%) Landscaped Area- 4,787.4m' (39.7%) Asphalt / Hard Surface Area- 2,473.6m2 (20.5%) Parking Required- 207 Spaces (By -Law 85-1) 0.74 Spaces/ Unit > 51.Om2 (224 Units) 0.165 Spaces/ Unit < 51.Om' (244 Units) 224 Units x 0.74= 166 Spaces 244 Units x 0.165= 41 Spaces Parking Provided- 387 Spaces Visitor Parking Required- 7% of Required Parking 207 Required Spaces x 7%= 15 Spaces Visitor Parking Provided -15 Spaces Barrier -Free Parking Required- 6 Spaces Barrier -Free Parking Provided- 6 Spaces (4- Type A, 2- Type B) Parking Space Minimum Dimensions- 2.6m x 5.5m Parking Space Minimum Dimensions (Abutting Wall)- 2.75m x 5.5m Class A Bicycle Parking Provided - 356 Spaces Class B Bicycle Parking Provided - 6 Spaces MULTI -RESIDENTIAL Number of Units- 468 Floor Space Ratio- 40,069.5m2/ 12,325.Om2= 3.3 NOTE: ALL ASPHALT AREAS TO BE DEFINED WITH 0.15m HIGH POURED CONCRETE CURBING, U.N.O. SNOW TO BE PICKED UP AND TAKEN OFF SITE FOR DISPOSAL. REVISED: SITE PLAN APPLICATION No. SP22/174/0/CD LEVEL PI PLAN0 5 , o , 5 20 25 LTS 31-33, 41-50 PL 309 KITCHENER; PT PARK LT 25 PL 404 KITCHENER; PT LT 1 PL 654 KITCHENER; PT LT 44 SUBDIVISION OF LT 1 GERMAN COMPANY TRACT KITCHENER 20 OTTAWA LP SCALE 1:1,000 City of Kitchener CAD FILE: 20 OTTAWA ST N, KITCHENER, ON DATE: MARCH 07,2023 DEVELOPMENT SERVICES DEPARTMENT SP.DWG Page 32 of 174 SITE STATISTICS Zoning- MU -3, 777R, 92H (85-1) Zoning Amendment- 2022-070 Lot Area- 12,325.Om2 Lot Area (Road Widening) -280.9m' Lot Area (Net) -12,044.1 m2 Building Coverage- 4,797.9m' (39.8%) Landscaped Area- 4,787.4m' (39.7%) Asphalt / Hard Surface Area- 2,473.6m2 (20.5%) Parking Required- 207 Spaces (By -Law 85-1) 0.74 Spaces/ Unit > 51.Om2 (224 Units) 0.165 Spaces/ Unit < 51.Om' (244 Units) 224 Units x 0.74= 166 Spaces 244 Units x 0.165= 41 Spaces Parking Provided- 387 Spaces Visitor Parking Required- 7% of Required Parking 207 Required Spaces x 7%= 15 Spaces Visitor Parking Provided -15 Spaces Barrier -Free Parking Required- 6 Spaces Barrier -Free Parking Provided- 6 Spaces (4- Type A, 2- Type B) Parking Space Minimum Dimensions- 2.6m x 5.5m Parking Space Minimum Dimensions (Abutting Wall)- 2.75m x 5.5m Class A Bicycle Parking Provided - 356 Spaces Class B Bicycle Parking Provided - 6 Spaces MULTI -RESIDENTIAL Number of Units- 468 Floor Space Ratio- 40,069.5m2/ 12,325.Om2= 3.3 NOTE: ALL ASPHALT AREAS TO BE DEFINED WITH 0.15m HIGH POURED CONCRETE CURBING, U.N.O. SNOW TO BE PICKED UP AND TAKEN OFF SITE FOR DISPOSAL. REVISED: SITE PLAN APPLICATION No. SP22/174/0/CD LEVEL P3 PLAND 5 , o , 5 20 25 LTS 31-33, 41-50 PL 309 KITCHENER; PT PARK LT 25 PL 404 KITCHENER; PT LT 1 PL 654 KITCHENER; PT LT 44 SUBDIVISION OF LT 1 GERMAN COMPANY TRACT KITCHENER 20 OTTAWA LP SCALE 1:1,000 City of Kitchener CAD FILE: 20 OTTAWA ST N, KITCHENER, ON DATE: MARCH 07,2023 DEVELOPMENT SERVICES DEPARTMENT SP.DWG Page 33 of 174 SITE STATISTICS Zoning- MU -3, 777R, 92H (85-1) Zoning Amendment- 2022-070 Lot Area- 12,325.Om2 Lot Area (Road Widening) -280.9m' Lot Area (Net) -12,044.1 m2 Building Coverage- 4,797.9m' (39.8%) Landscaped Area- 4,787.4m' (39.7%) Asphalt / Hard Surface Area- 2,473.6m2 (20.5%) Parking Required- 207 Spaces (By -Law 85-1) 0.74 Spaces/ Unit > 51.Om2 (224 Units) 0.165 Spaces/ Unit < 51.Om' (244 Units) 224 Units x 0.74= 166 Spaces 244 Units x 0.165= 41 Spaces Parking Provided- 387 Spaces Visitor Parking Required- 7% of Required Parking 207 Required Spaces x 7%= 15 Spaces Visitor Parking Provided -15 Spaces Barrier -Free Parking Required- 6 Spaces Barrier -Free Parking Provided- 6 Spaces (4- Type A, 2- Type B) Parking Space Minimum Dimensions- 2.6m x 5.5m Parking Space Minimum Dimensions (Abutting Wall)- 2.75m x 5.5m Class A Bicycle Parking Provided - 356 Spaces Class B Bicycle Parking Provided - 6 Spaces MULTI -RESIDENTIAL Number of Units- 468 Floor Space Ratio- 40,069.5m2/ 12,325.Om2= 3.3 NOTE: ALL ASPHALT AREAS TO BE DEFINED WITH 0.15m HIGH POURED CONCRETE CURBING, U.N.O. SNOW TO BE PICKED UP AND TAKEN OFF SITE FOR DISPOSAL. REVISED: SITE PLAN APPLICATION No. SP22/174/0/CD LEVEL P4 PLAN0 5 , o , 5 20 25 LTS 31-33, 41-50 PL 309 KITCHENER; PT PARK LT 25 PL 404 KITCHENER; PT LT 1 PL 654 KITCHENER; PT LT 44 SUBDIVISION OF LT 1 GERMAN COMPANY TRACT KITCHENER 20 OTTAWA LP SCALE 1:1,000 City of Kitchener CAD FILE: 20 OTTAWA ST N, KITCHENER, ON DATE: MARCH 07,2023 DEVELOPMENT SERVICES DEPARTMENT SP.DWG Page 34 of 174 SITE STATISTICS Zoning- MU -3, 777R, 92H (85-1) Zoning Amendment- 2022-070 Lot Area- 12,325.Om2 Lot Area (Road Widening) -280.9m' Lot Area (Net) -12,044.1 m2 Building Coverage- 4,797.9m' (39.8%) Landscaped Area- 4,787.4m' (39.7%) Asphalt / Hard Surface Area- 2,473.6m2 (20.5%) Parking Required- 207 Spaces (By -Law 85-1) 0.74 Spaces/ Unit > 51.Om2 (224 Units) 0.165 Spaces/ Unit < 51.Om' (244 Units) 224 Units x 0.74= 166 Spaces 244 Units x 0.165= 41 Spaces Parking Provided- 387 Spaces Visitor Parking Required- 7% of Required Parking 207 Required Spaces x 7%= 15 Spaces Visitor Parking Provided -15 Spaces Barrier -Free Parking Required- 6 Spaces Barrier -Free Parking Provided- 6 Spaces (4- Type A, 2- Type B) Parking Space Minimum Dimensions- 2.6m x 5.5m Parking Space Minimum Dimensions (Abutting Wall)- 2.75m x 5.5m Class A Bicycle Parking Provided - 356 Spaces Class B Bicycle Parking Provided - 6 Spaces MULTI -RESIDENTIAL Number of Units- 468 Floor Space Ratio- 40,069.5m2/ 12,325.Om2= 3.3 NOTE: ALL ASPHALT AREAS TO BE DEFINED WITH 0.15m HIGH POURED CONCRETE CURBING, U.N.O. SNOW TO BE PICKED UP AND TAKEN OFF SITE FOR DISPOSAL. REVISED: SITE PLAN APPLICATION No. SP22/174/0/CD LEVEL P5 PLAND 5 , o , 5 20 25 LTS 31-33, 41-50 PL 309 KITCHENER; PT PARK LT 25 PL 404 KITCHENER; PT LT 1 PL 654 KITCHENER; PT LT 44 SUBDIVISION OF LT 1 GERMAN COMPANY TRACT KITCHENER 20 OTTAWA LP SCALE 1:1,000 City of Kitchener CAD FILE: 20 OTTAWA ST N, KITCHENER, ON DATE: MARCH 07,2023 DEVELOPMENT SERVICES DEPARTMENT SP.DWG Page 35 of 174 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 17, 2024 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals 519-741-2200 ext. 7070 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: May 17, 2024 REPORT NO.: DSD -2024-257 SUBJECT: Draft Plan of Condominium Application (Vacant Land) 30CDM- 24205 455-509 Mill Street Polocorp Inc. RECOMMENDATION: That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24205 for 455-509 Mill Street in the City of Kitchener, subject to the conditions as shown in Appendix `A'. REPORT HIGHLIGHTS: • The purpose of this report is to provide a planning recommendation to approve the proposed Vacant Land Condominium (VLC) for the property located at 455-509 Mill Street. • Community engagement for the VLC application included: o Circulation of a notice letter to owners of property within 240 metres of the subject property; o Staff received 1 neighbourhood response and corresponded directly with the member of the public; and, o Notice of the public meeting was advertised in The Record on May 24, 2024. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 36 of 174 EXECUTIVE SUMMARY: The owner of the property at 455-509 Mill Street is proposing to obtain draft approval for a 4 -Unit VLC which will consist of 4 Units and common elements representing each of the residential buildings. The Unit breakdown is as follows: • Unit 1- 32 storey mixed use building with underground parking. • Unit 2- 15 storey mixed use building with underground parking. • Unit 3- 40 and 44 storey mixed use buildings with underground parking. • Unit 4- 21 storey mixed use building with underground parking. Internal drive aisles, landscaped areas, and walkways will make up the common elements. Official Plan and Zoning By -Law amendments were previously approved for this project and are not the subject of this report. Staff is supportive of the proposed application for the subject lands. BACKGROUND: The Owner, Polocorp Inc., has made application to the City of Kitchener for a Draft Plan of VLC. P ti ACACIA ST z Q int sT GA7TANDONAVE SUBJECT AREA OLyMP1C C7 I_ NOFFMAN ST a° Figure 1: Location map The subject lands are addressed as 455-509 Mill Street and are located near the intersection of Mill Street and Ottawa Street South. The subject property has a lot area of 2.17 hectares (5.36 acres) with approximately 195 metres of frontage along Mill Street. Page 37 of 174 The subject lands are located within the City's delineated built up area, and within a Protected Major Transit Station Area (PMTSA). The lands are identified as a PMTSA in the 2014 Kitchener Official Plan. In the City's Official Plan on Map 2 — Urban Structure the lands are within the MTSA circle for the Mill station and shown as a PMTSA in the Regional Official Plan. In April 2023, Council approved Official Plan and Zoning By-law Amendments on the subject lands which changed the Official Plan designation from `General Industrial Employment' to `Mixed Use with Site Specific Policy Area No. 62' in the City of Kitchener Official Plan, and changed the zoning from `General Industrial Zone (M-2)' in Zoning By- law 85-1 to `Mixed Use Three (MIX -3) with Site Specific Provision (362) and Holding Provision 43H' in Zoning By-law 2019-051 to permit the development of a high intensity mixed use development. The proposed Vacant Land Condominium application was submitted and deemed complete prior to Council approving Growing Together in March 2024. Future site plan applications will be required for the subject lands. REPORT: The owner of the subject lands is proposing a VLC which will consist of 4 Units and common elements representing each of the residential buildings. The Unit breakdown is as follows: • Unit 1- 32 storey mixed use building with underground parking. • Unit 2- 15 storey mixed use building with underground parking. • Unit 3 - 40 and 44 storey mixed use buildings with underground parking. • Unit 4 - 21 storey mixed use building with underground parking. Internal drive aisles, landscaped areas, and walkways will make up the common elements. A VLC is similar to a plan of subdivision except that any roadways are privately -owned rather than publicly owned and lots are referred to as "units" in a VLC. Staff is supportive of the proposed application for the subject lands. The residential development consisting of 4 Units to be developed with future mixed use buildings is permitted on the lands as per the policies in the City's Official Plan and regulations in the City's Zoning By-law 2019-051. Future site plan applications will be required for the subject lands. The Vacant Land Condominium Application proposes to create Units 1 through 4 and a common element area as shown on the Vacant Land Condominium Plan (attached as Appendix `A'). The purpose of the Vacant Land Condominium Application is to permit the individual ownership (tenure) of each of the residential dwelling units within the buildings on the subject property. Page 38 of 174 Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. Housing related policies in the PPS encourage providing an appropriate range and mix of housing options and densities to meet projected market-based needs of current and future residents. The PPS also promotes directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to make efficient use of land. The proposed development is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services and which creates high quality public open spaces. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and targets in this Plan, as well as the other policies of this Plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Planning staff are of the opinion that the applications conform to the policies of the Growth Plan. Regional Official Plan (ROP) 2023: The subject lands are located within the "Urban Area", and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP). Permitted uses of the Urban Area and Delineated Built -Up Area in the ROP include urban uses such as residential and commercial uses, among others. The subject lands are in the Mill Station (MTSA) in the ROP. The minimum density target within the Mill Station MTSA is 160 people and jobs/ha. The future development of the subject lands will contribute to the achievement of the overall density target for the Mill Station MTSA. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Based on Staff review and comments from the Region of Waterloo, Staff is of the opinion that the application conforms to the Regional Official Plan. Official Plan The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Page 39 of 174 Intensification Areas include the Urban Growth Centre, Protected Major Transit Station Areas (PMTSAs), Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a PMTSA. The planned function of the PMTSAs is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. Policies also require that development applications in PMTSAs give consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. The subject lands are designated `Mixed Use' with `Site Specific Policy Area No. 62' in the City of Kitchener's Official Plan. The Mixed Use land use designation plays an important role in achieving the planned function of the MTSA intensification area. Lands designated Mixed Use have the capacity to accommodate additional density and intensification of uses. Development and redevelopment of lands within lands designated Mixed Use must implement a high standard of urban design. Site Specific Policy Area No. 62 allow for a maximum Floor Space Ratio (FSR) of 8.5. The City's Official Plan contains policies that speak to provision of housing, including redevelopment: Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium, and vacant land condominium, as a means of increasing housing choice and diversity. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Department and Agency Comments: A copy of all comments received from the commenting agencies and City departments are attached as Appendix `C'. There are no outstanding concerns with the proposed application. Community Input and Staff Responses: Staff received 1 written response from a nearby resident (attached as Appendix `D'). The residents had concerns with the height of the buildings, and density of the proposed development along with traffic impacts. Planning staff responded directly to the resident by email to answer their questions and concerns and explained that only the tenure is being Page 40 of 174 considered and that the height and density was previously approved by Council in April 2023. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the committee meeting. A notice of the public meeting was placed in the newspaper on May 24, 2024 (Appendix `B'). CONSULT — The Application was circulated to property owners within 240 metres of the subject lands on March 7, 2024 as per Planning Act requirements. This report will be posted to the City's website with the agenda in advance of the committee meeting. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 85-1 and 2019-051 • Official Plan, 2014 • Regional Official Plan, 2023 (amended by ROPA 6) • Provincial Policy Statement, 2020 • Planning Act, 1990 • Growth Plan, 2020 REVIEWED BY: Malone -Wright, Tina —Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Appendix A — Draft Approval Conditions and Draft Plan of Condominium 30CDM-24205 Appendix B — Newspaper Notice Appendix C — Department and Agency Comments Appendix D — Neighbourhood Comments Page 41 of 174 Page 42 of 174 - O O r « `a a� �o mz vo O mg o_ OTTAWA STREET o m m OTTAWA STREET n o O a * O_ Q O O Zr m� m 3a O O 0 i -> 3o c 30 O mD a� �tioA}o3 �i O- z o� a > _ 3 D �� 34.15 m� 34.15 O O c - ��o m a 41.15 oz G- a 41.15 O O a � � 0Z -aga�o s° -M, �c s° 2 n Oz vmm m, - rr"� O O O io >o OO O A d O? 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RECOMMENDED CONDITIONS OF DRAFT APPROVAL That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2023-103, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-24205 for 455-509 Mill Street in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-24205 owned by Polocorp Inc., dated March 4, 2024, proposing a Vacant Land Condominium Plan for 2.17 hectares of land comprised of 4 units and common elements. Units 1-4: mixed use residential units. Common Elements: Internal drive aisle, walkways, and landscape areas. Other Lands: Parkland Dedication (341.8 square metres) not part of the condominium. 2. That the final plan shall be prepared in general accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Development and Housing Approvals. 3. That prior to registration, the Owner obtain approval form the City's Addressing Analyst of the following: A. An addressing plan showing the proposed units with Condominium Unit Numbering; and; B. A summary table containing the proposed Condominium Unit Numbering and assigned municipal addresses. 4. That the Condominium Declaration proposed to be registered (the "Declaration") or any amendment thereto to effect the registration of a condominium phase shall be submitted for approval to the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services. The said Declaration shall contain: Provisions, to the satisfaction of the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements including, but not limited to, access lanes, sanitary, storm and water services, gas utilities and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 4 ii) through 4 vii), as outlined below, to the satisfaction of the City's Director of Development and Housing Approvals. ii) That the condominium corporation agrees to maintain the subject lands in compliance with approved Site Plan. iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to Page 43 of 174 implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation; iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. v) Provisions that identify if the approved condominium plan is to be phased pursuant to the Act that ensure that: a. the lands in the registered condominium plan created by the registration of the Declaration and Description have either direct access or access pursuant to one or more easements satisfactory to the City's Director of Development and Housing Approvals and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; b. the lands in any phase registered after the initial registration of the Declaration and Description have, following the registration of such phase, either direct access or access pursuant to one or more easements satisfactory to the City's Director of Development and Housing Approvals and the Region's Commissioner of Planning, Development and Legislative Services to c. all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner, - d. the remainder of the lands of the approved condominium plan not yet registered as part of the proposed condominium plan have, following the initial registration of the Declaration and Description or any phase thereof, either direct access or access pursuant to one or more easements satisfactory to the City's Director of Development and Housing Approvals and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner. e. the City's Director of Development and Housing Approvals and/or the Region's Commissioner of Planning, Development and Legislative Services may require solicitors' and/or engineers' written opinions as such Manager or Commissioner may deem necessary to establish compliance with any one or more of the conditions set out in the three subparagraphs immediately above. vi) That Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plan ning(u-)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, Page 44 of 174 and potential busing students will be required to meet the bus at a congregated bus pick-up point. vii) In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point. 5. That the Owner covenant and agree in writing to the City's Director of Development and Housing Approvals to register a Condominium Declaration which shall include the approved provisions as required in condition 4 hereof. 6. That the Owner shall provide an undertaking that the new home purchasers will be advised in Offers of Purchase and Sale of the location of Centralized Mail Boxes. 7. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 8. That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: For any of such easements which are not blanket easements, the Owner shall provide drafts of any required reference plan(s) showing the proposed easement(s) location to the City's Director Development & Housing Approvals prior to the registration. Such easement(s) and reference plan(s) must be circulated for comment to Enova Power Corp., any telecommunication companies, and the City's Director of Engineering Services to ensure that there are no conflicts between the desired locations for utility and municipal easements. ii) if utility easement locations are proposed within lands to be conveyed to, or owned by the City, the Owner shall obtain prior written approval from the City's Director Development & Housing Approvals; and iii) to provide to the City's Director Development & Housing Approvals a clearance letter from each of Enova Power Corp. and the telecommunications company (ies) (if any) supplying telecommunication services to the property. Such letter shall state that sufficient wire -line communication/telecommunication infrastructure is available within the proposed development and the provider(s) have received all required easements if required. 9. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works as may be identified through the Site Plan process to the satisfaction of the City's Director of Development and Housing Approvals. The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformity with the approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion Page 45 of 174 and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Director of Development and Housing Approvals, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Director of Development and Housing Approvals. 11. That prior to the initial registration, where required, at the discretion of the Chief Building Official, that the Owner enter into a shared servicing agreement to be registered on title, to the satisfaction of the City Solicitor. In addition, where the shared servicing agreement is required: ii) The Owner shall provide a written undertaking to cause the condominium corporation created by the initial registration to enter the same shared servicing agreement after said registration and have the agreement registered on title to the initial registration and proposed future phases, to the satisfaction of the City Solicitor. iii) A solicitor shall provide an undertaking not to register the shared servicing agreement in any form other that the form approved by the City. 12. That prior to registration, the Owner shall obtain final site plan approval for the subject lands. 13. That prior to registration, or prior to final site plan approval, the Owner shall provide Parkland Dedication as a combination of land (a minimum of 341.8 square metres as shown on the draft VLC plan) to be provided free of any encumbrances to the satisfaction of the City of Kitchener, and cash in lieu of land will be required. 14. That the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 15. That prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and implement the following warning Page 46 of 174 clause within the Condominium Declaration and all purchase and sale/lease/rental agreements to the satisfaction of the Regional Municipality of Waterloo: "Owners are advised that all units in this plan of condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." 16. That prior to final approval, the Owner/Developer shall enter into a registered development agreement (if required) with the City of Kitchener and/or Regional Municipality of Waterloo to implement the recommendations contained within the detailed stationary noise study, including the implementation of any noise warning clauses within the Condominium Declaration and purchase and sale/lease/rental agreements; all to the satisfaction of the Regional Municipality of Waterloo. 17. That prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo to implement the recommendations contained in the noise study entitled Noise and Vibration Feasibility Study, Proposed Mixed -Use Development, 459-509 Mill Street, Kitchener, Ontario" dated July 13, 2022 prepared by HGC Engineering including air conditioning and special building components; all to the satisfaction of the Regional Municipality of Waterloo. Furthermore, the following noise warning clauses shall be implemented within the Registered Development Agreement with the Regional Municipality of Waterloo and the Owner/Developer agrees to implement the following noise warning clauses within the Condominium Declaration and all offers of purchase and sale/lease/rental agreements: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. " "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. " "Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 meters from the land of subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment or the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way" Further to the above, should any additional implementation measures be recommended, they shall be implemented through the Registered Development agreement with the Regional Municipality of Waterloo and/or City of Kitchener. 18. That prior to final approval, the Owner/ Developer shall include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply Page 47 of 174 with the negotiated Risk Management Plan for salt application (prepared by Polocorp Inc., dated July 11, 2022). 19. That prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener; and, 20. That prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. CLEARANCES: 1. That prior to the signing of the final plan by the City's Director of Development and Housing Approvals, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 20 inclusive have been met. The submission shall include a brief but complete statement detailing how and when each condition has been satisfied. 2. That prior to signing of the final plan by the City's Director of Development and Housing Approvals, the Regional Municipality of Waterloo shall notify the City's Director of Development and Housing Approvals that Conditions 4i), iii), iv), v) & vii), and 14 through 20 have been satisfied. NOTES: The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality will apply to any future development on the site. 2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. Draft approval will be reviewed by the Director of Development and Housing Approvals from time to time to determine whether draft approval should be maintained. 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Department of Planning, Development and Legislative Services and the City of Kitchener Development Services Department of any changes in ownership, agent, address and phone number. 4. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 96- 025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. 5. This draft plan was received on March 1, 2024 and deemed complete on March 4, 2024 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended as of that date. 6. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional Page 48 of 174 staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 7. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and we have received assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the Director of Development and Housing Approvals signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration The following is required for registration and under The Registry Act and for our use: Two (2) original mylar Five (5) white paper prints One (1) digital copy Page 49 of 174 NOTICE OF PUBLIC MEETING I%\ for a development in your neighbourhood 455-509 Mill Street lug-ci ILNER Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: June 17,2024 Location: Council Chambers, Kitchener City Hall 200 King Street West orVirtual Zoom Meeting Go to kitchener.ca/meetings and select: .-, ,,.: • Current agendas and reports EEUEL OtiE. �-GECUETtC ELEVATPPN 338.00 Concept Plan (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more aboutthis project, including information on yourappeal rights,visit: www.kitchener.ca/ PlanningApplications or contact: Vacant Land Condominium Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider an application proposing a Vacant Land Condominium (VLC) which will consist of 4 units and common element areas. A VLC is like a plan of subdivision except the road is privately -owned rather than publicly owned and lots are referred to as "units" in a VLC. Unit 1 will contain a future 32 storey mixed use building with underground parking, unit 2 will contain a future 15 storey mixed use building with underground parking, unit 3 will contain future 40 and 44 storey mixed use buildings with underground parkingPh8geitMIlon1741 storey mixed use buildingwith underground parking. Internal drive aisles, landscaped areas, and walkways will make up the common elements. Region of Waterloo Craig Dumart Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D1920/2/24205 April 25, 2024 Re: Proposed Vacant Land Plan of Condominium 30CDM-24205 459-509 Mill Street Matthew Warzecha and Gursimran Saini of Polocorp Inc. (C/O Mike Puopolo) CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Vacant Land Plan of Condominium at 459-509 Mill Street in Kitchener. The purpose of these comments is to identify any items that need to be address prior to draft approval and those that can be imposed as conditions of approval. The applicant is proposing a Vacant Land Plan of Condominium consisting of 4 units and common elements with each unit corresponding to a building as follows: Unit 1: 32 storey mixed-use building with underground parking Unit 2: 15 storey mixed-use building with underground parking Unit 3: 40 and 44 storey mixed-use building with underground parking Unit 4. 21 storey mixed-use building with underground parking Internal drive aisles, landscaped areas, and walkways make up the common elements. The subject lands are located in the Urban Area of the Region and are Delineated Built Up Area in the Regional Official Plan. Furthermore, the subject lands are located in the Document Number: 4636536 Version: 1 Page 51 of 174 Mill Station Major Transit Station Area. In addition, the subject lands are designated Mixed Use with Special Policy Area 62 in the Mill Courtland Woodside Park Neighbourhood Secondary Plan in the City of Kitchener Official Plan and zoned Mixed Use Three (MIX -3) Zone with Special Regulation 362R and Holding Provision 43H in the City of Kitchener Zoning By-law. The subject lands were previously the subject of an Official Plan Amendment and Zoning By-law Amendment (File Nos. OPA22/08 and ZBA22/015). These comments relate to the Draft Plan of Vacant Land Plan of Condominium prepared by City of Kitchener, dated March 4, 2024: Regional Comments Community Planning The subject lands are designated "Urban Area", and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP). The site is designated Mixed Use with Special Policy Area 62 in the Mill Courtland Woodside Park Neighbourhood Secondary Plan in the City of Kitchener Official Plan. Permitted uses of the Urban Area and Delineated Built - Up Area in the ROP include urban uses such as residential and commercial uses, among others. Regional staff have no objection to the application, and have the following technical comments and conditions related to the proposal: Region of Waterloo International Airport: The development is located within the Airport Zoning Regulated Area with an allowable elevation of 459.5m ASL. Regional staff acknowledge the developer completed an aeronautical assessment showing that airport operations are not impacted until reaching an elevation of 487m ASL (1600ft ASL) through the previously reviewed Official Plan Amendment and Zoning By-law Amendment. The concept plan provided with the submission shows `Tower B' has an estimated top elevation of 469.7m ASL, leaving 17.3m available above the building for any cranes. Please be advised that all cranes must remain below 487m ASL. In addition, the developer must submit a Land Use Application to Nav Canada for the buildings and cranes, and obtain a letter of no objection as part of the future site plan approval process. The developer must also submit an Aeronautical Assessment Form to Transport Canada for buildings above the AZR or more then 90m tall through the site plan approval process. The Land Use Application to Nav Canada can be found here: https://www.navcanada.ca/en/aeronautical-information/land-use-program.aspx Document Number: 4636536 Version: 1 Page 52 of 174 The application form can be found here: https://tc.canada.ca/en/aviation/general- operating-flight-rules/marking-lighting-obstacles-air-navigation Further to the above, as the subject lands are within an approach surface leading into and out of the Region, the following warning clause shall be implemented through a Registered Development Agreement with the Regional Municipality of Waterloo: "Owners are advised that all units in this plan of condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." Corridor Planning Environmental Noise.- Through oise:Through previously reviewed Official Plan Amendment and Zoning By-law Amendment applications, Regional staff reviewed the noise study entitled "Noise and Vibration Feasibility Study, Proposed Mixed -Use Development, 459-509 Mill Street, Kitchener, Ontario" dated July 13, 2022 prepared by HGC Engineering. The study has determined that noise levels at various locations within the proposed development will exceed the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP) noise limits. Noise mitigation measures i.e. installation of air-conditioning, special building components (walls, windows, doors etc.) and noise warning clauses will be required for all units in the development to achieve the indoor noise level criteria. The study determined that the proposed noise sensitive aspects of the proposed development will be feasible and the following shall be implemented through a registered development agreement with the Regional Municipality of Waterloo as a condition of draft plan approval: All residential units within the proposed development at 459-509 Mills Street, Kitchener must be constructed with air conditioning and special building components and include the following noise warning clauses in any agreements of Offers of Purchase and Sale, Lease/Rental Agreements, and/or Condominium Declarations. "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." Document Number: 4636536 Version: 1 Page 53 of 174 "Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 meters from the land of subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment or the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 2. Minimum Glazing STC Ratings shall be included in the building in accordance with the following: Table 6: Required Minimum Glazing STC for Specific Facades Prediction ` Locations Desctipt+ion 'Glazing srcl� 2 [A] Southwest fagade of Towers D, and F STC -33 [B] Eastern fagade of Towers A. B, C. D, E, and F STC -33 [C] Southwest facade of Towers A and C STC -33 [D] Western and southern fagades of Towers A, C, D, and F STC -33 [E] Southwest €agade of Towers B and E STC -33 Dote: 'Based on assumed window to floor area ratios of 60% (40% fixed and 20% operable). ' STC requirement refers to fixed glazing. Small leaks through operable door and windows are assumed, however, tight weather sealss should he provided to reduce such leakage to the extent feasible. s Sound entering through windows and wall comprised of precast masonry panus, and spanch-el glass panels OBC — Ontario Building Code 3. The buildings shall be constructed with a brick veneer or masonry equivalent for residential units adjacent to and within 75m of the CN rail line. 4. The location and installation of any outdoor/indoor air conditioning devices shall be installed to minimize the noise impacts and comply with the criteria of the Municipality and the Ministry of the Environment, Conservation and Parks publication (NPC -300). 5. Prior to the issuance of building permits for this development, a Professional Engineer qualified to provide acoustical engineering services in the Province of Ontario are to certify that the suggested noise control measures have been properly incorporated in the building design and plans, and upon completion of construction, the Municipality's building inspector or a Professional Engineer qualified to provide Document Number: 4636536 Version: 1 Page 54 of 174 acoustical engineering services in the Province of Ontario will certify that the dwelling units have been constructed accordingly. Transit/ION Parking Easements/Access: In anticipation of pedestrian access through the site to the ION station and vice versa, please ensure the site is designed to facilitate safe access to and from the subject lands to the Region's Mill ION Station. In addition, please be advised that the Region may require easements for access and/or drainage through the site plan process. Stationary Noise: Through the previously reviewed Official Plan Amendment and Zoning By-law Amendment, a Holding Provision was implemented within the site specific Zoning By- law Amendment (File No. ZBA22/015) to obtain a satisfactory detailed stationary noise study. The Region shall require that the recommended implementation measures contained in the detailed stationary noise study to be implemented through a registered development agreement between the Owner/Developer and the City of Kitchener and that any required warning clauses be implemented within the Condominium Declaration and Purchase and Sale/Lease/Rental Agreements as a condition of draft plan approval. Record of Site Condition/Environmental Threats There are numerous medium and high environmental threats on and adjacent to the subject lands according to the Region's Threats Inventory Database that require a Record of Site Condition and Ministry Acknowledgement Letter for the entirety of the subject lands in accordance with the Region's Implementation Guidelines. Regional staff acknowledge that the subject lands were the subject of an Official Plan Amendment and Zoning By-law Amendment (Files No. OPA22/08 and ZBA22/015) and a holding provision was implemented to obtain the Record of Site Condition and Ministry Acknowledgement Letter. Risk Management/Part 4 of the Clean Water Act The applicant/owner has negotiated a provisional risk management plan for salt application. Regional staff require the require provisions for salt management to be implemented within the Condominium Declaration as a condition of draft plan approval. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan Document Number: 4636536 Version: 1 Page 55 of 174 The Region supports the provision of a full range of housing options, including affordable housing. Staff recommend that the applicant consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs $1,960 which do not exceed 30 percent of gross $418,100 annual household income for low and moderate income households Bachelor: $1,075 Housing for which the purchase price is 1 -Bedroom: $1,245 at least 10 percent below the average $679,300 purchase price of a resale unit in the 3 -Bedroom: $1,631 regional market area 4+ Bedroom: n/a 'Based on the most recent information available from the PPS Housing Tables (2022). In order for an owned unit to be deemed affordable, the maximum affordable house price is $418,100. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of A unit for which the rent does not exceed 30 per cent of the gross annual $1,960 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $1,075 average market rent (AMR) in the 1 -Bedroom: $1,245 regional market area 2 -Bedroom: $1,469 3 -Bedroom: $1,631 4+ Bedroom: n/a 'Based on the most recent information available from the PPS Housing Tables (2022) Document Number: 4636536 Version: 1 Page 56 of 174 In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Draft Plan of Condominium Conditions: The Region has no objections to draft approval of Vacant Land Plan of Condominium 30CDM-24205, subject to the inclusion of the following conditions of Draft Approval set out below: 1) THAT the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 2) THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and implement the following warning clause within the Condominium Declaration and all purchase and sale/lease/rental agreements to the satisfaction of the Regional Municipality of Waterloo: "Owners are advised that all units in this plan of condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." 3) THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement (if required) with the City of Kitchener and/or Regional Municipality of Waterloo to implement the recommendations contained within the detailed stationary noise study, including the implementation of any noise warning clauses within the Condominium Declaration and purchase and sale/lease/rental agreements; all to the satisfaction of the Regional Municipality of Waterloo. 4) THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo to implement the recommendations contained in the noise study entitled Noise and Vibration Feasibility Study, Proposed Mixed -Use Development, 459-509 Mill Street, Kitchener, Ontario" dated July 13, 2022 prepared by HGC Engineering including air conditioning and special building components; all to the satisfaction of the Regional Municipality of Waterloo. Furthermore, the following noise warning clauses shall be implemented within the Registered Development Agreement with the Regional Municipality of Waterloo and the Owner/Developer agrees to implement the following noise warning clauses within the Condominium Declaration and all offers of purchase and sale/lease/rental agreements: Document Number: 4636536 Version: 1 Page 57 of 174 "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." "Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 meters from the land of subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment or the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Further to the above, should any additional implementation measures be recommended, they shall be implemented through the Registered Development agreement with the Regional Municipality of Waterloo and/or City of Kitchener. 5) THAT prior to final approval, the Owner/ Developer shall include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the negotiated Risk Management Plan for salt application (prepared by Polocorp Inc., dated July 11, 2022). 6) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener, and, 7) THAT prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. Fees The Region acknowledges receipt of the Region's condominium application review fee of $3,550.00 (deposited March 21, 2024). Document Number: 4636536 Version: 1 Page 58 of 174 General Comments Any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. Polocorp Inc. C/O Mike Puopolo (Owner) Polocorp Inc. C/O Matthew Warzecha and Gursimran Saini (Applicants) Encl. Document Number: 4636536 Version: 1 Page 59 of 174 Condominium Circulation Response Form Notice for Application for Draft Approval - Plan of Condominium (Vacant Land) File Number: 30CDM-24205 Location: 455-509 Mill Street Owner: POLOCORP INC OPA22/008/M/CD and ZBA22/015/K/CD Parkland Dedication Parkland Dedication as a combination of land and cash in lieu of land will be required as a condition of Draft Approval. For the physical land to be dedicated the following items are required: 1. Due diligence in environmental analyses including Phase I ESA as per current version of CSA -Z768), and, if required Phase II ESA as per current version of CSA Z769: If results of ESA are deemed acceptable by City of Kitchener, the property will be accepted as parkland dedication, given that all other requirements are met. If contamination is revealed through ESA, the developer shall incur all costs to remediate prior to dedication of property to the city. 2. Legal survey of the dedication portion of the property; 3. Demolition and removal of all existing structures within the dedicated property including but not limited to all foundations, servicing, above ground structures, and hard surfacing; 4. Removal of all existing rubbish or debris within the property boundaries 5. Park Block development minimum requirements are met, as specified in section L.S. of the Kitchener Development Manual, including grading, servicing, topsoil, seeding and sodding; 6. Topographic survey of the dedication portion of the property following park block development Parkland Dedication calculations Lot area 2.1738 ha, 5 towers, up to 44 storeys, —1500 units, FSR 8.5 Land valuation rate $19,768,000/ha Proposed land dedication of 0.03418ha (341.8m2) New commercial GFA is also proposed in the development but is not subject to parkland dedication as per Bylaw 2022-101 and the Parkland Dedication Policy. Straight cash in lieu: 2.1738ha x $19,768,000/ha x 0.05 = $2,148,584 (5% area rate) 1500 units x 1ha/1000units x $19,768,000/ha = $29,652,000 (Bylaw 2022-101 alternative rate) 1500 units x $11,862 = $17,793,000 (City of Kitchener capped rate) Page 60 of 174 2.1738ha x $19,768,000/ha x 0.1= $4,297,168 (MHBFA 10% cap has been reached) Combination of land dedication and cash in lieu of land Assuming a land dedication of 0.03418ha (341.8m2) 0.03418ha x $19,768,000/ha = $675,670 2.1738ha x $19,768,000/ha x 0.1= $4,297,168 - $675,670 (land value) _ $3,621,498 additional as cash in lieu Through the OPA/ZBA applications the developer has proposed privately owned publicly accessible spaces (POPS) and while Bylaw 2022-101 and the Bill 23 changes to the Planning Act allow for POPS spaces the development proposal is still at a preliminary stage and there are no detailed design drawings that will allow the suitability of these spaces to be assessed for credit or value and they cannot be considered for credit at this time. Similarly, through the OPA/ZBA the developer has indicated that affordable housing would be provided through the development, but no secure commitments have been registered and therefore no credits or reductions can be considered relative to parkland dedication fees. Parks & Cemeteries Department/Agency March 07 2024 Date LevtorelRos-k Signature of Representative Page 61 of 174 Craig Dumart From: Sent: To: Cc: Subject: WRDSB Planning <planning@wrdsb.ca> Friday, April 5, 2024 1:26 PM Craig Dumart Planning Re: [Planning] Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24205 (459-509 Mill Street) via email Craig Dumart Senior Planner craig.dumart(c-),kitchener.ca April 4, 2024 Re: Notice of Application for Draft Plan of Vacant Land Condominium File No.: 30CDM-24205 Municipality: Kitchener Location: 455-509 Mill Street Owner/Applicant: Polycorp Craig, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes a mixed use development including 5 residential towers between 15-44 storeys. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • Queen Elizabeth Public School (Junior Kindergarten to Grade 6) • Courtland Avenue Public School (Grade 7 to Grade 8) • Cameron Heights CI (Grade 9 to Grade 12) The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on facility utilization at these facilities. Interim student accommodation measures, including portable classrooms, are presently on-site and may be required until an alternative accommodation solution is in place. Alternatively, the WRDSB may conduct a boundary study or designate this property as a "Development Area" and assign it to Holding Schools before occupancy or sales. In order to adequately assess and model student enrolment from this development, WRDSB Planning requires more detail regarding the residential unit count and breakdown. Please provide this information as soon as it is available. Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. WRDSB staff are interested in engaging in a conversation with the City and applicant to review the optimization of pedestrian access to public transit, and municipal sidewalks so students may access school bus pick-up points. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal rights-of-way. WRDSB Draft Conditions Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the conditions of Draft Approval: 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: Page 62 of 174 Infernal memo Development Services Department www.kitchener.ca Date of Meeting: April 01, 2024 Planner/Staff on File: Craig Dumart From: Jason Brule, C.E.T., Engineering Technologist 519-741-2200 x 7419 Subject: Site Address: 455-509 Mill Street Owner: Polocorp Applicant: Polocorp Type of Application: ❑ Site Plan ❑ Zone Change ❑ Official Plan Amendment ® Draft Plan of Condominium Engineering Comments: 1. A servicing plan must be approved as part of the Site Plan process to the satisfaction of the Engineering Division prior to condo registration. 2. The proposed services throughout the property, including storm and sanitary sewers, watermain, and stormwater infrastructure, must be within the "common element" in the declaration and reference plan or located in easements in the reference plan, and be registered on title to the properties, in favour of the condo board regardless of depth or location allowing the condo board maintenance access. The declaration and or reference plan must be reviewed and approved to the satisfaction of the Engineering Division prior to condo registration. Page 63 of 174 Craig Dumart From: Wanda West Sent: Sunday, March 17, 2024 9:19 PM To: Craig Dumart; Debbie Chapman Subject: 459- 509 Mill street Hi Craig and Debbie! I received the flyer about the condominiums going up on Mill Street. We live at And while this property is not in my backyard, they are very close and we do travel, walk, run and bike down Mill street on a daily basis. I'm sorry that I wasn't able to attend the meetings in regard to this application. However, I do have a few concerns about the development being built on Mill street as it is close to our home. First, I'm not loving the height and number of stories of these buildings. I feel like they will be towering over our neighborhood. I truly don't feel like these buildings belong in a single dwelling/low rise neighbourhood. It seems that the buildings will be on a condensed parcel of land. The buildings will be butting right up against Mill and the back of the property against the ION station. I can't imagine the noise that impacts this site. Secondly, Since there are 5 buildings of 21 or more stories, that is a lot of people, cars and congestion that will be added to our community. Mill is a two-way street and is only able to be accessed from the West on Ottawa street and turning east onto it from Mill. There are plenty of cars that do abide by this and others that pull a u -turn onto Ottawa in order to get to Mill street or back on to Ottawa street. Not to mention the corner of Mill and Courtland is probably one of the most dangerous corners to turn onto or cross to Bedford. We have personally witnessed accidents among cars and pedestrians along here. And finally, having so many more people in the neighbourhood also brings concerns of safety. Having one's own home does have a greater feeling of taking care of the property and ownership. What type of security system, lighting etc will be put in place? I can't presume that every person who owns one of these condos will own a car and thus will be using transit and/or have a bike/ebike/scooter. These items are far more susceptible to being stolen. And what we don't need in the neighbourhood is more incentive for people to know that there are bikes that could be stolen and thus begin to wander throughout the neighbourhood looking for others. What measures are put in place to secure any type of bicycle parking in the buildings? It worries me that we will have to continually be more aware of the comings and goings of people in our community. While we understand the need for more housing in our community, our greatest concerns are with the number of units/buildings, the congestion and the security that this particular application will bring to our community. Many thanks for the opportunity to share our concerns. Wanda Page 64 of 174 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 17, 2024 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: May 24, 2024 REPORT NO.: DSD -2024-251 SUBJECT: 179 Jansen Avenue Zoning By-law Amendment Application ZBA24/009/J/TS 1000589420 Ontario Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA24/009/J/TS requesting to amend Zoning By-law 2019-051, for 100589420 Ontario Inc. be approved in the form shown in the Proposed `Proposed By-law' and `Map No. 1' attached to Report DSD -2024- 251 as Attachment `A'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment application for the property located at 179 Jansen Avenue. It is Planning staff's recommendation that the Zoning By-law Amendment application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. Community engagement included: o Circulation of a preliminary notice to residents and property owners within 240 metres of the subject site; o Installation of a large billboard notice sign on the property, o Follow up one-on-one correspondence with members of the public who responded to the circulation or saw the billboard sign; o Neighbourhood Meeting held on May 22, 2024; o Notice advertising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and o Notice of the public meeting was published in The Record on May 31, 2024. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 65 of 174 These applications were deemed complete on April 11, 2024. The Applicant can appeal these applications for non -decision after July 10, 2024. EXECUTIVE SUMMARY: The owner of the subject lands addressed as 179 Jansen Avenue is proposing to change the zoning from `RES -4' in Zoning By-law 2019-051 to `RES -5' with Site Specific Provision 403 to further regulate floor space ratio and prohibit geothermal wells. A holding provision is also requested on the property for Regional documents for approval of a record of site condition and a stationary noise study. Staff are recommending that the application be approved. BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from 1000589420 Ontario Inc. for a development concept that proposes a stacked townhouse multiple dwelling building with fifty-six (56) residential units. The property is currently undeveloped and vacant. There are no existing residential units on this site and it was a former landfill. This development will remediate the site and in advance the applicant has submitted a Phase I and Phase II Environmental Site Assessment which was reviewed by staff. The subject property is identified as `Community Area' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan) and designated as `Low Rise Residential' (Map 3 - City of Kitchener Official Plan). Site Context The subject lands are municipally addressed as 179 Jansen Avenue. The subject lands are in close proximity to Fairway Road North and has frontage onto Jansen Avenue. The lot area of the subject site is approximately 0.73 hectares, and the lot frontage is 20.1 metres. The lot currently is undeveloped and vacant. The surrounding neighbourhood contains a mix of low-rise residential uses. �y O� E4 ty yC �F SUBJECT sT AREA p �Y MGRG CENTREVILLE ST 11 krryG Figure 1 - Location Map: 179 Jansen Avenue Page 66 of 174 41 Figure 2 — Entrance at 179 Jansen Avenue Figure 3 — Vacant lot at 179 Jansen Avenue REPORT: The applicant is proposing to develop the property with a 56 -unit multiple dwelling in the form of stacked townhouses. Sixty-seven (67) surface parking spaces, including eight (8) Page 67 of 174 visitor parking spaces, three (3) barrier free parking spaces, and fifteen (15) future EV parking spaces are proposed. JANSEN AVENUE Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; Page 68 of 174 _ 4 a i i ReGfdential � u _ urn t i i W a t. _ :i = € 12 UNITS; 7 r-{ ,- 1 s w I M LLj Z 20 UNITS71 etr s i =' f _ a g, 24 U ITS Ra -ellen-;. Residential — -��,� �__ _ - - --�•�- _ -..� — w EKOO HO0.iM Figure 4 — Development Concept Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; Page 68 of 174 s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed zoning facilitates a compact form of development which efficiently uses the lands, is in close proximity to transit options, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a low-rise development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies Page 69 of 174 of the Growth Plan promote growth within strategic growth areas including community areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the Regional Official Plan (ROP) and is designated Low Rise Residential in the City of Kitchener Official Plan. Section 1.6 of the Regional Official Plan establishes the Regional Planning Framework and Section 2.B.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of Page 70 of 174 15 -minute neighbourhoods. The proposed density will contribute to the achievement of Kitchener's intensification target for the delineated Built Up Area of the City of Kitchener. In addition, the applicant has proposed stacked townhouses throughout the development, which is encouraged as a form of missing middle housing in the Delineated Built -Up Area of the Region. The Region of Waterloo have indicated they have no objections to the proposed application, subject to the required holding provisions and prohibition of geothermal wells. (Attachment `C'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) Urban Structure The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non- residential supporting uses intended to serve the immediate residential areas. Community Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Land Use Designation The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3). Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. Site specific increase to allow up to a maximum Floor Space Ratio (FSR) of 0.75 may be permitted without an amendment to the Official Plan, provided the development meets the general intent of Official Plan policies and is compatible (Section 15.D.3.11). Planning staff is of the opinion that the requested Zoning By-law Amendment will facilitate a low rise housing form that conforms with the Low Rise Residential land use designation in the City's Official Plan. The proposal provides an additional low density housing type within the neighbourhood with a maximum FSR of 0.75. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. In regard to alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. The proposed development aims to increase density on an existing site that is served well by public transit, with access to Grand River Transit Routes 1, 23 and iXpress Routes 206. It is also within a 15 min walk to the Fairway Station ION stop. The proposed development Page 71 of 174 is required to provide safe, secure indoor bicycle storage to encourage active transportation. Staff is of the opinion that the requested Zoning By-law Amendment conforms with the transportation policies of the City's Official Plan. Outdoor amenity space will also be provided for the residents, and locations of bicycle spaces will be confirmed. Urban Design The City is committed to achieving a high standard of urban design, architecture and place -making to positively contribute to quality of life, environmental viability and economic vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings and also considers the functionality and compatibility of development as a means of strengthening complete communities. Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable places, structures and spaces that contribute to a strong sense of place and community pride, a distinct character and community focal points that promote and recognize excellence and innovation in architecture, urban design, sustainable building design and landscape design. The City requires high quality urban design in the review of all development applications through the implementation of the policies of the Official Plan and the City's Urban Design Manual. The proposed development concept includes 3 storey buildings that are oriented appropriately within the existing context of the neighbourhood. Pedestrian connectivity throughout the site is provided through pedestrian walkways from the parking area to the unit entrances. On-site amenity area is achieved through at grade passive amenity space at the side of the building, as well as private unit balconies. Housing The City's primary objective with respect to housing in the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. This low rise multiple dwelling proposal is a "missing middle" housing type and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. Page 72 of 174 Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Proposed Zoning By-law Amendment: The subject lands are currently zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The applicant has requested to change the zoning to `Low Rise Residential Five Zone (RES -5)' and add a Site Specific Provision (403) and Holding Provision (86) in Zoning By- law 2019-051. The requested change in zoning category is to permit the proposed use of a "Multiple Dwelling" (greater than 4 units). Site -Specific Provision (403) a) The maximum floor space ratio shall be 0.75. b) Geothermal Wells are prohibited on site. Holding Provision (86) has also been added requiring the owner to complete: A Record of Site Condition and a Stationary Noise study, to the satisfaction of the Region of Waterloo. Floor Space Ratio: The Floor Space Ratio (FSR) is to ensure compatibility with the surrounding neighbourhood and to ensure development does not exceed the density presented in the concept plans. The applicant has submitted a concept plan that has been initially reviewed by Staff. Planning staff have no concerns with the increase in floor space ratio, and the proposed development is compatible with the surrounding neighbourhood. A maximum FSR is permitted in the Low Rise Residential land use designation which applied to the subject and surrounding lands. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to `RES -5' with Site Specific Provision (403), and Holding Provision (86) represents good planning as it will facilitate the redevelopment of the lands with a 56 - unit multiple dwelling in the form of stacked townhouses, which is compatible with the existing neighbourhood, and is a good example of gentle intensification within a new infill development. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Attachment `A'. Planning staff are of the opinion that the proposed Zoning By-law Amendment application is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Department and Agency Comments: Circulation of the Zoning By-law Amendment was undertaken in April to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment "C" of this report. Page 73 of 174 The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: Planning Justification Report Prepared by: MHBC Planning Ltd., April 2024 Architectural Drawings Prepared by: MHBC Planning Ltd., April 2024 Traffic Impact Brief and Parking Study Prepared by: UrbanTrans Engineering Solutions Inc, March 14, 2024 Functional Servicing Report & Stormwater Management Report Prepared by: MTE Consultants, March 27, 2024 Tree Preservation Plan Prepared by: MHBC Planning Ltd, April 2018 Stationary Noise Study Prepared by: Managed Intelligent Infrastructure Inc., March 18, 2024 Salt Management Plan Prepared by: MHBC Planning Ltd., April 2, 2024 Phase I and Phase II Environmental Site Assessment Prepared by: A&A Environmental Consultants Inc., March 14, 2024 WHAT WE HEARD isFive (5) persons provided comments A City -led Neighbourhood Meetings held on May 22, 2024 and eleven (11) different users logged on 691 households (residents and property owners) were circulated and notified Staff received written responses from 5 residents with respect to the proposed development. This is included in Attachment `D'. The residents were concerned with the shadow impact, traffic, and garbage pick up for the proposal. A Neighbourhood Meeting was held on May 22, 2024. A summary of what we heard, and staff responses are below. What We Heard I Staff Comment Page 74 of 174 Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide an alternative housing form within an existing neighbourhood that addresses a need in our community. Page 75 of 174 A Parking Justification Report was not required as part of the application as the proposed development meets the requirements of the Concerns that not enough parking is Zoning By-law and provides additional parking provided on site and within the spaces above the minimum required. The existing neighbourhood. applicant is also proposing Class A and Class B bicycle parking that provides an additional transportation alternative which can reduce the number of motor vehicles demand for residents of the future development. The proposed development does not exceed the maximum height requirement of 11.0 metres (3 storeys), that is within the RES -5 zoning. There will be minimal shadow impacts with this form of Concerns the proposed development. The maximum permitted height for development will cast large shadows the surrounding lands is also 11 metres. There are sufficient setbacks around the perimeter of the property, providing further separation and reducing shadow impacts. The applicant is providing an on-site centralized waste and recycling deep well collection facility. A truck turning template was required to be submitted and was reviewed by City Concerns over garbage pickup Transportation Staff. There were no concerns with the location of the waste and recycling area. Further, garbage and recycling collection will be private garbage pickup internal to the site. A functional servicing and storm water management report was submitted as part of a complete application and was reviewed by City and Regional Engineering staff. Staff have some Concerns with the Grading minor comments which can be revised at the time of the site plan review. There are no concerns with supporting the ZBA at this time. There is currently limited grading on the current vacant site and redevelopment will help prevent the current ponding and issues on the site. Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide an alternative housing form within an existing neighbourhood that addresses a need in our community. Page 75 of 174 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget - Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments, are required within 90 days to retain planning application fees, for applications received after July 1, 2023. A decision must be made by Council prior to July 10, 2024 or the Planning Division must issue an application fee refund of $13,312.00, being 50% of the $26,624.00 Major Zoning By-law Amendment Application fee. The Planning Division does not have a funding source or budget for refunding planning application fees. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in early June. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on May 31, 2024 (a copy of the Notice may be found in Attachment `B' CONSULT — The proposed Zoning By-law Amendment was circulated to residents and property owners within 240 metres of the subject lands on April 29, 2024. In response to this circulation, staff received written responses from 5 members of the public, which were summarized as part of this staff report. Planning staff also responded to emails from the resident. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina —Manager, Development Approvals, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services Page 76 of 174 ATTACHMENTS: Attachment A — Proposed Zoning By-law Amendment and Map 1 Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Attachment D — Public Comments Page 77 of 174 follows: DSD -2024-251 Attachment "A" 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 — 1000589420 Ontario Inc. — 179 Jansen Avenue) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as Schedule Number 239 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four Zone (RES -4) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (403) and Holding Provision (86). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (403) thereto as follows: "403. Notwithstanding Table 7-6 of this By-law within the lands zoned Low Rise Residential Five Zone (RES -5) and shown as affected by this subsection on Schedule Number 239 of Appendix `A', the following special regulations shall apply: a) The maximum Floor Space Ratio shall be 0.75. b) Geothermal wells are prohibited on site." 3. Section 20 of By-law 2019-051 is hereby amended by adding Holding Provision (86) thereto as follows: "(86). Notwithstanding Section 7 of this By-law within the lands zoned Low Rise Residential Five Zone (RES -5) and shown as being affected by this subsection on Schedule Number 239 of Appendix "A"; a) no residential redevelopment shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Page 78 of 174 DSD -2024-251 Attachment "A" Environment, Conservation and Parks or any successor Ministry ("MECP"). This Holding Provision shall not be removed until the Region is in receipt of a letter from the Ministry of the Environment, Conservation and Parks advising that a Record of Site Condition has been completed to the satisfaction of the MECP. b) A satisfactory detailed stationary noise study has been completed and implementation measures addressed to the satisfaction of the Region. The detailed stationary noise study shall review stationary noise sources in the vicinity of the site, the potential impacts of noise (e.g. HVAC systems) on the on- site sensitive points of reception and the impacts of the development on adjacent noise sensitive uses." PASSED at the Council Chambers in the City of Kitchener this day of 2024. Mayor Clerk Page 79 of 174 PJ� 1 V v v RES -5 r=' SCHE_DULE2 _ywVi_ _ _ _ _ _ _ _SCH ULE- ----—— SCHEDUL 0 1 SCHED L 239 41 OAR -2 ,RES -5 6 �E. AREA 1 (71 tow - (38 "'MIX-2 ow=(38)VIIX-2 S��FZ CO - ES -4 MAP NO. 1 0 50 100 METRES 1000589420 ONTARIO INC. SCALE 1:4,000 179 JANSEN AVE DATE: APRIL 30, 2024 5. BY—LAW 2019-051 S-5(342) COM -1 LOCAL COMMERCIAL ZONE DM -1 SUBJECT AREA(S) wlM., N AMENDMENT TO BY—LAW 2019-051 F� AREA 1 — i. FROM RISE RESIDENTIAL FOUR ZONE —4 (R ) TO LOW RISE RESIDENTIAL FIVE ZONE (RES -5) WITH SITE SPECIFIC PROVISION (403) e. AND HOLDING PROVISION (86) A� ZES-5 IN �1 1219) 41 E — ZONE GRID REFERENCE SCHEDULE NO. 239 �— OFAPPENDIX'A' KITCHENER ZONING BY—LAW 85-1 AND 2019-051 R, A. ZONE LIMITS REQ ZONING BY-LAW AMENDMENT ZBA24/009/J/TS OFFICIAL PLAN AMENDMENT N/A Citi/ of Kitchener FILE ZBA24009JTS_MAP1 DEVELOPM T SERVICES DEPARTMENT, PLANNING mxd BY—LAW 2019-051 S-5(342) COM -1 LOCAL COMMERCIAL ZONE COM -2 GENERAL COMMERCIAL ZONE wlM., INS -1 NEIGHBOURHOOD INSTITUTIONAL ZONE MIX -2 MIXED USE TWO ZONE OSR-2 OPEN SPACE: GREENWAYS ZONE RES -3 LOW RISE RESIDENTIAL THREE ZONE RES -4 LOW RISE RESIDENTIAL FOUR ZONE RES -5 LOW RISE RESIDENTIAL FIVE ZONE A� ZES-5 IN �1 1219) 41 E — ZONE GRID REFERENCE SCHEDULE NO. 239 �— OFAPPENDIX'A' KITCHENER ZONING BY—LAW 85-1 AND 2019-051 R, A. ZONE LIMITS REQ ZONING BY-LAW AMENDMENT ZBA24/009/J/TS OFFICIAL PLAN AMENDMENT N/A Citi/ of Kitchener FILE ZBA24009JTS_MAP1 DEVELOPM T SERVICES DEPARTMENT, PLANNING mxd NOTICE OF PUBLIC MEETINGI%\ 7 for a development in your neighbourhood 179 Jansen Avenue Ku-ci ILNER Concept Drawing Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: June 17,2024 Location: Council Chambers, Kitchener City Hall 200 King Street West orVirtual Zoom Meeting IA13khk a @0150 mly Multiple Low Rise Increased Floor Dwelling Residential Space Ratio Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplications or contact: Tim Seyler, Senior Planner ti m.seyler@ kitchener.ca 519.741.2200 x7860 The City of Kitchener will consider an application for a Zoning By-law Amendment to facilitate the development of a multiple dwelling in the form of stacked townhouses consisting of 56 units. The application proposes to change the Zoning Category from `RES-4'to'RES-5', and to permit an increased Floor Space Ratio (FSR) of 0.75. Page 81 of 174 Project Address: 179 Jansen Avenue Application Type: Zoning By-law Amendment ZBA24/009/J/TS Comments of: Environmental Planning—City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.musselman@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: May 9, 2024 1. Plans, Studies and Reports submitted as part of a complete Planning Act Application: • Tree Inventory Plan - Drawing No. TP1 and TP2, prepared by MHBC, dated April 30, 2018 (Re -issued Nov 19, 2020). 2. Site Specific Comments & Issues: I have reviewed the studies as noted above to support a zoning bylaw amendment to support the proposed development of 56 -unit multiple dwellings (stacked townhouses), and note: — An updated arborist report should be provided as the last inventory was October 2020. — From the 2020 Arborist Report, it notes a total of 63 individual trees were inventoried, 19 trees (30%) are recommended to be preserved and 44 trees (70%) are recommended to be removed. — 16 trees are in shared ownership, none of the trees in shared ownership are recommended to be removed. — An ecologically sound tree replacement plan (to support the future site plan application) should be considered to mitigate tree removals. An assessment of the value of the vegetation proposed for removal should be prepared. This value can be the basis for compensation plantings provided beyond the Urban Design Manual base standards. Environmental Planning staff can support the Zoning By Law Amendment. Staff believe the above noted comments/concerns can be addressed through the City's Site Plan process and/or through condition(s) of site plan approval. 3. Policies, Standards and Resources: Tree Management • As per Section 8.C.2.16. of the Official Plan, the City will require the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), where applicable, as a condition of a development application. o Any tree management plan must identify the trees proposed to be removed, justify the need for removal, identify the methods of removal and specify an ecologically sound tree replacement scheme and any mitigative measures to be taken to prevent detrimental impacts on remaining trees. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 82 of 174 • policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights- of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual and the Development Manual. 4. Advice: • 179 Jansen Ave is 0.73 ha (1.79 acres) in size and so the City's Tree Conservation By-law applies. If the owner would like to remove a tree (not part of a planning approval), a tree conversation permit may be required. Additional information can be found on the City's website at: httas://www.kitchener.ca/en/water-and-environment/tree-conservation-and- management.aspx A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 83 of 174 City of Kitchener PRE -SUBMISSION CONSULTATION COMMENT FORM Comments Of: Sustainability Planning Commenter's Name: Mike Balch Email: Mike.balch@kitchener.ca Phone: 519-741-2200 ext. 7110 Date of Comments: May 10, 2024 1. Site Specific Comments and Issues: I have reviewed the pre -submission application regarding Sustainability and Energy Conservation and provide the following: • As outlined in Kitchener Official Plan, development applications are required to demonstrate that the proposal achieves sustainable development design standards and energy is being conserved or low energy generated. • Sustainable development promotes a holistic approach to planning to achieve a balance between the social and economic needs of the community, and environmental conservation. • Energy consumption can be reduced through the development of an energy efficient urban form. • Using less energy is beneficial for the environment as it reduces the demand on resources to create energy and the infrastructure required for its distribution. 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: • For a Zoning By law Amendment, it should be demonstrated, to the satisfaction of the City, how energy is being conserved or low energy generated. o Such studies may include but are not limited to an (1) Integrated Energy Master Plan, (2) Energy Conservation Efficiency Study, (3) a Feasibility Study for Renewable or Alternative Energy Systems, (4) District Heating Feasibility Study, or a (5) Sustainability Statement. 3. Anticipated Requirements of full Site Plan Approval: Approved Sustainability Statement A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 84 of 174 4. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.4. Development applications will be required to demonstrate to the satisfaction of the City, through the completion of a Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies in Section 17.E.10, that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. Such studies may include, but not limited to an Energy Conservation Efficiency Study, a Feasibility Study for Renewable or Alternative Energy Systems, District Heating Feasibility Study, and the completion of a Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies in Section 17.E.10. Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 5. Anticipated Fees: NA A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 85 of 174 From: Christine Goulet <Christine.Goulet@kitchener.ca> Sent: Thursday, May 9, 2024 1:47 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment - 179 Jansen Avenue (ZBA) Hi Tim, I have reviewed their functional servicing report, and am in support of the zone change with a peak sanitary flow of 1.94L/s. Their approach to stormwater management is ok, however they missed acknowledging they need to do a water balance. I will comment on that when they apply for site plan. Kitchener Utilities has reviewed the water distribution portion and found it acceptable. Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering 519-741-2200 Ext. 7820 A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 86 of 174 From: David Heuchert <Dave.Heuchert@kitchener.ca> Sent: Monday, May 27, 2024 1:02 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Fire route plan for 179 Jansen Ave Hi Tim, There are a couple of items we would like them to look at/address. - the entrance and exit widths to the property are shown as 4.25m. As per the Emergency Service Policy, these widths are to be minimum 6m. Can the landscaped area be removed, increasing the widths? Concern in the wintertime with this width getting even smaller due to snow accumulation/storage. - drawings will need to demonstrate that the principal entrance to each unit and every required access opening are located not less than 3 m and not more than 30 m from the closest portion of the emergency access route, measured along the path of travel, horizontally from the face of the building. Or, where a developer can show that the 60 m of provided hose can reach from the fire truck to the most remote room in the dwelling unit, a longer travel distance will be considered (Emergency Service Policy) - drawings will need to demonstrate that a fire hydrant is located within 90m of the principal entrance to each building (Emergency Service Policy) Comments can be dealt with at Site Plan stage, No issues with ZBA. Thanks Tim, Dave Dave Heuchert, CET, CBCO Chief Fire Prevention Officer I Fire I City of Kitchener 519-741-2200 x 5529 1 TTY 1-866-969-9994 1 dave.heuchert(ukitchener.ca A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 87 of 174 From: Planning <planning@wcdsb.ca> Sent: Tuesday, May 21, 2024 4:39 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment - 179 Jansen Avenue (ZBA) Good Afternoon Tim, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. A sign specifications document can be found at the bottom of the board's planning department web page (https://www.wcdsb.ca/about-us/cs/planning/). C) That the developer shall include the following wording in the site plan agreement / condominium declaration to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 88 of 174 From: Trevor Heywood <theywood@grand river.ca> Sent: Wednesday, May 1, 2024 3:42 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment - 179 Jansen Avenue (ZBA) You don't often get email from theywoodCcDgrandriver. ca. Learn why this is important Hey Tim, This is not regulated by the GRCA and we have no comment. Thanks, Trevor Heywood B.Sc.(Env.) Resource Planner Grand River Conservation Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 ext. 2292 Email: theywooda-grandriver. ca www.grandriver.ca I Connect with us on social media A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 89 of 174 179 Jansen Ave Owner: 1000589420 Ontario Inc Application: Zoning By-law Amendment #24 009 J TS Comments Of: Park Planning Commenter's Name: Taylor Stapleton Email: taylor.stapleton@kitchener.ca Phone: 519-577-3867 Date of Comments: May 21, 2024 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) ❑X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) Documents Reviewed: I have reviewed the documentation noted below submitted in support of a ZBA to rezone the subject lands from RES -4 to RES -5, seek relief from Table 7-6 of the Zoning By-law to allow for a maximum FSR of 0.75 rather than the requested 0.6, and from Section 7.5 to permit a maximum height of 11m rather than the requested 9m. • Covering Letter prepared by MHBC Planning Ltd dated April 10, 2024 • Application for ZBA prepared by MHBC Planning Ltd dated February 27, 2024 • Site Plan prepared by MHBC Planning Ltd dated January 19 2024 Site Specific Comments & Issues: Park Planning has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide conditional support subject to the minor updates to submitted studies are noted below. Comments on Submitted Documents No comment. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 90 of 174 Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the OPA and ZBA and required as a condition of Site Plan Approval Parkland dedication is required for the application as cash -in -lieu of land in accordance with the Planning Act, City of Kitchener Bylaw 2022-101 and Park Dedication Policy. Based on the proposed 56 units, an FSR of 0.75, a site area of 0.73 ha and using a land valuation of $3,830,000 and a cap rate of $11,862 unit Parkland Dedication of $214,480 would be required. Dedication requirements are subject to the Planning Act, Parkland Dedication Bylaw, Park Dedication Policy and rates in effect. The Bylaw is under appeal. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 91 of 174 Park Dedication Template - Test Version (R2.1) Application Type Zone Change Application 179 Jansen Ave Address of Property Centerville Chicopee Community Name Medium Community Park Priority for Park Land (Spaces, 2022) MHBC Planning Ltd Applicant Owner (if different from above) 1000589420 Ontario Inc Complete Application made priorto August 22, 2022 Not applicable Transition Requirement Park dedication will be referred to underthe current By -Law 2022-101 Part 3: Application Data Land Area (ha) 0.73 _ Land Frontage - Consent only (I.m.) Commercial/Industrial FloorArea (if applicable, sq.m.) Existing to be Retained Existing to be Demolished Proposed Net Addition Percent Addition Dwelling Units, inclusive of Legalization and ADU's (matrix): Total (no.) People Apartment, >5 storeys 56 101 Existing Units to be Retained (Tor reference) 101 Total Dwelling Units (sum above) 56 Proposed FSR 0.75 Part 4: Chapter 273 Requirements 273. 1.3.1. - Development and Dedication Type Dedication Type ICash in Lieu Dedication Rate 11 hectare per 1,000 units (Bill 23 Planning Act) 273. 1.4.2 - Exemptions or Reductions Previous conveyance of land, payment or owing INo It yes, above, Land conveyed or required (ha) Temporary Sales Centre (ZB 2019-051) INo 273. 1.5.2 - Cash -in -Lieu of Land Payments Land ClassResidential —Medium (Q FSI) Land Class Value $3,830,000 Accepted AACI Appraisal Value (input $ per hectare) Part 5: Policy Exemptions, Re =uons or Limits Exemptions Developed on behalf of and for the use by... (Not on exemption list) Non-residential development INo Reductions Supportive Housing No Affordable rental Housing No Approved POPS (ha) Limitations Park Dedication as Land - 10 sq.m. per person reached iYes Park Dedication as Cash - Cap Applied INo Part 6: Bill 23 Reductions Exemptions Non -Profit Housing Development No Ancillary dwelling unit, up to 3 units on one property INo Part 7: Final -. Exempt from Park Dedication No Dedication Type Cash in Lieu Park Dedication - Land Requirement (ha) 0.056 Park Dedication - Cash -in -Lieu $214,480 Lim ME I Part 9: Review Information Form Completed By Taylor Stapleton April 29 2024 Date application received Date comments due May 21 2024 May 21, 2024 Date of completion Page 92 of 174 City of Kitchener ZBA comments Application type: Zoning By-law Amendment Application ZBA24/009/J/TS Project address: 179 Jansen Avenue Comments of: Transportation Services Commenter's name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 e 7369 Date of comments: May 7, 2024 Comments due: May 21, 2024 Amanda: 24-110756 As part of a complete Zoning By-law amendment application a Transportation Impact Study (TIS) and Parking Study was submitted (March 14, 2024) by Urbantrans Engineering Solutions Inc. Transportation Services reviewed the report and offer the following comments. Development proposal The applicant is proposing to develop three stacked townhouse buildings with a total of 56 units. The development is estimated to generate 22 AM and 29 PM peak hour vehicle trips. A total of 67 parking spaces are being proposed for this residential use, of which 8 parking spaces are allocated for visitor parking. The site will be serviced by one full moves access along Jansen Avenue. Intersection analysis The analysis summaries the following intersection characteristics: Level of Service (LOS), volume to capacity ratios (v/c) and vehicle delay in seconds. The three intersections noted below were reviewed under existing 2024 traffic conditions and 2029 future background traffic conditions. The intersection capacity analysis indicated that under the existing and background conditions, the intersections are operating at acceptable LOS, v/c ratios and delay with no critical traffic movements identified. • Jansen Avenue at Fairway Road North (Regional Road 53) - unsignalized • Jansen Avenue at Private Driveway (177 & 181 Jansen Avenue) - unsignalized • Jansen Avenue at Guerin Avenue - unsignalized The 2029 total future traffic includes background traffic plus site generated traffic. The intersections analyzed are the same as above. The intersection capacity analysis indicated that the intersections are expected to operate at acceptable levels of service, v/c ratios and delay with no critical movements identified. The site traffic generated for this development is minor in nature and adds minimal delay to the overall study intersection operations. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 93 of 174 Parking supply analysis The analysis included a review the applicable City of Kitchener Zoning By-law No. 2019-051. It was determined that this development is required to provide a minimum and maximum vehicle parking spaces of 56 and 79, respectively. The applicant is proposing to provide a total of 67 vehicle parking spaces, meeting the vehicular parking requirements. Transportation Services supports Urbantrans conclusions. Left turn lane analysis A left turn lane analysis was completed along Jansen Avenue the site access utilizing the Ministry of Transportation Ontario's (MTO) Geometric Design Standards for Ontario Highways applicable nomograph. The 2029 total future traffic analysis determined that a left turn lane along Jansen Avenue is not warranted. Transportation Services supports Urbantrans recommendation. AutoTURN swept path analysis The following design vehicles were reviewed for loading/garbage and the vehicle parking. • Molok garbage truck - acceptable • TAC 2017 Passenger Vehicle (P) — acceptable Transportation Demand Management analysis There are several Grand River Transit (GRT) routes less than 600m from this development. They include the following routes: 1, 8, 23 and 27. These routes offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided on both sides of roadways in the surrounding area. The applicant is providing 28 Class A indoor secure bicycle parking spaces and 6 Class B outdoor bike parking spaces. Conclusion Transportation Services are of the opinion that this development can be adequately accommodated within the existing transportation network with minimal traffic impact on the study intersections. Also, no infrastructure improvements will be required to accommodate the proposed development. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 94 of 174 N* Region of Waterloo Tim Seyler, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Seyler, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: C14/2/24009 May 23, 2024 Re: Proposed Zoning By-law Amendment ZBA 24/009 179 Jansen Avenue MHBC Planning Ltd. (C/O Pierre Chauvin and Robyn McIntyre) on behalf of 10005089420 Ontario Inc. C/O Alpha Capital Management CITY OF KITCHENER MHBC Planning Ltd. has submitted a Zoning By-law Amendment for a development proposal at 179 Jansen Avenue (subject lands) in the City of Kitchener. The applicant is proposing to construct 56 -units multiple dwelling/stacked townhouse units located in three buildings located on the south, east and west edge of the site. Vehicular access is proposed from Jansen Avenue with surface parking spaces, landscaping, sidewalks, bike parking and garbage and recycling areas located internal to the site. The subject lands are designated Urban Area and Delineated Built Up Area in the Regional Official Plan. The subject lands are designated Low Rise Residential in the City of Kitchener Official Plan and zoned RES -4 in the City of Kitchener Zoning By- law. The applicant is proposing to rezone the site from the RES -4 to RES -5 with a site- specific permission for a Floor Space Ratio (FSR) of 0.75 (whereas 0.6 FSR is permitted) and a height of 11 m (whereas 9m is permitted). The Region has had the opportunity to review the proposal and offers the following: Document Number: 4683210 Version: 1 Page 95 of 174 Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the Regional Official Plan (ROP) and is designated Low Rise Residential in the City of Kitchener Official Plan. Section 1.6 of the Regional Official Plan establishes the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of 15 -minute neighbourhoods. The proposed density will contribute to the achievement of Kitchener's intensification target for the delineated Built Up Area of the City of Kitchener. In addition, the applicant has proposed stacked townhouses throughout the development, which is encouraged as a form of missing middle housing in the Delineated Built -Up Area of the Region. The Region wishes to advise the applicant of the following technical comments related to the proposal: Record of Site Condition/Regional Implementation Guidelines There are known environmental threats on the subject lands on and adjacent to the subject lands due to past/historic uses of the subject lands and adjacent sites. As a density increase of a sensitive land use has been proposed on the subject lands and known threats are located on the lands, a Record of Site Condition and Ministry Acknowledgement letter shall be required for the entirety of the subject lands in accordance with the Region of Waterloo's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. The Record of Site Condition and Ministry Acknowledgement Letter were not received as part of the Complete Application for the Zoning By-law Amendment and as a result, the Region shall require a Holding Provision to be implemented within the site-specific Zoning By-law Amendment. The Holding Provision shall prohibit the proposed development until the submission of the RSC and the Ministry's Acknowledgement Letter have been received to the satisfaction of the Regional Municipality of Waterloo. The following wording is required for the holding provision: That a holding provision shall apply to the entirety of the subject lands until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry and the RSC and Ministry's Acknowledgement letter is received to the satisfaction of the Regional Municipality of Waterloo Stationary Noise Study Document Number: 4683210 Version: 1 Page 96 of 174 The stationary noise story entitled "Stationary Noise Assessment Report, REV.01, 179 Jansen Avenue, Kitchener, Ontario" prepared by Managed Intelligent Infrastructure Inc. (Mi3) in association with BMP3 Cognizant Associates Inc. dated March 18, 2024. As per the per -submission consultation and an email of May 2, 2024, the noise study will be peer reviewed and the Region requires payment of the peer review fee of $4,500.00 plus HST ($5,085.00 total) in order to initiate the review of the study. The Region requires a holding provision to ensure the stationary noise study has been completed to the satisfaction of the Regional Municipality of Waterloo. The wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review stationary noise sources in the vicinity of the site, the potential impacts of noise (e.g. HVAC systems) on the on-site sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. Corridor Planning Transportation Noise.- The oise:The Owner/Developer shall enter into a registered development agreement with the Region of Waterloo to ensure that all dwelling units be constructed with a forced air heating/cooling system that permits the future installation of air conditioning units through a future consent or condominium application. The agreement with the Region of Waterloo shall include the following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and the condominium declaration (should a condominium be proposed). Type A: Purchasers/tenants are advised that sound levels due to increasing road traffic on Fairway Road North may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. Type C: This dwelling unit has been designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. Document Number: 4683210 Version: 1 Page 97 of 174 Region of Waterloo International Airport: Please note that the subject lands are located within six (6) kilometers of the Region of Waterloo International Airport; therefore, the use of construction cranes may require the owner/applicant to obtain Transport Canada's Aeronautical Assessment Form for Obstruction Evaluation and approval from NAV Canada through their land use application process. In addition, if proposed buildings/structures exceed 100 feet Above Ground Level, the applicant/owner must advise NAV Canada through their land use submission form, which can be found here: https://www.navcanada.ca/en/products-and- services/Pages/land-use-program.aspx Part 4 of the Clean Water Act/Risk Management Please be advised that a Provisional Risk Management Plan has been negotiated for the development proposed on the subject lands. In addition, the Section 59 Notice submitted with the complete application is valid. Please be advised that a full risk management plan is required to be negotiated as part of the future Site Plan Application and a new Valid Section 59 Notice is required at that time. Hydrogeology and Source Water Protection Regional staff have reviewed the Functional Servicing and Stormwater Management Report entitled "179 Jansen Avenue Functional Servicing and Stormwater Management Report" prepared by MTE Consultants, dated March 27, 2024. The report indicates that salt -laden water from common parking areas will be conveyed to on-site infiltration galleries. Regional staff wish to advise the applicant/owner that infiltration of chloride laden runoff to infiltration galleries is not supported by the Region; therefore, an update to the Functional Servicing and Stormwater Management Report shall be required to ensure that the site has infiltration from `clean' sources only. Should the FSR/SWM not be updated before a decision is made by council for the city of Kitchener, a holding provision is required to ensure the update to the report is made. In addition to the above, the subject lands are located in Intake Protection Zone 2 and to ensure no potential contamination reaches the groundwater intake, a geothermal prohibition shall be required to be implemented in the site-specific zoning by-law amendment. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling,- including ooling,including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Document Number: 4683210 Version: 1 Page 98 of 174 Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below. Should this development application move forward, staff ask the Owner/Developer to consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least ex ensive of: Housing for which the purchase price results in annual accommodation costs $2,040 which do not exceed 30 percent of gross $395,200 annual household income for low and moderate income households Bachelor: $1,164 Housing for which the purchase price is 1 -Bedroom: $1,346 at least 10 percent below the average $740,000 purchase price of a resale unit in the regional market area "Based on the most recent information available from the PPS Housing Tables (2023). In order for an owned unit to be deemed affordable, the maximum affordable house price is $395,200. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual $2,040 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $1,164 average market rent (AMR) in the 1 -Bedroom: $1,346 regional market area 2 -Bedroom: $1,658 Document Number: 4683210 Version: 1 Page 99 of 174 3 -Bedroom: $2,039 4+ Bedroom: n/a *Based on the most recent information available from the PPS Housing Tables (2023) In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Fees: By copy of this letter, the Region of Waterloo acknowledges receipt of the Zoning By- law Amendment fees totalling $3,000.00 (deposited May 2, 2024). Conclusions: Based on the above, Regional staff have no objection to the application subject to implementation of the following within the site specific Zoning By -law - 1. That a holding provision for receipt of the Record of Site Condition and Associated Ministry Acknowledgment Letter be implemented in the site specific Zoning By-law Amendment. The required wording for the holding provision shall be: That a holding provision shall apply to the entirety of the subject lands until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been Ned on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry and the RSC and Ministry's Acknowledgement letter is received to the satisfaction of the Regional Municipality of Waterloo. 2. That a holding provision for the detailed stationary noise study be implemented in the site-specific zoning by-law amendment. The required wording for the holding provision shall be: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review stationary noise sources in the vicinity of the site, the potential impacts of noise (e.g. HVAC systems) on the on-site sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. 3. Should the FSR/SWM not be updated before a decision is made by Council for the City of Kitchener, the following holding provision shall be required: That a holding provision shall apply to the entirety of the subject lands until a Functional Servicing and Stormwater Management Report has been submitted to the satisfaction of the Regional Municipality of Waterloo. Document Number: 4683210 Version: 1 Page 100 of 174 4. That a geothermal prohibition shall be implemented within the site specific Zoning By- law Amendment. The wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Furthermore, please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. 1000589420 Ontario Inc. C/O Alpha Capital Management (Owner) MHBC Planning Inc. C/O Pierre Chauvin and Robyn McIntyre (Agent) Document Number: 4683210 Version: 1 Page 101 of 174 From: Paul Araujo Sent: Wednesday, May 22, 2024 7:56 PM To: Dave Schnider <Dave.Schnider@kitchener.ca>; Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Fw: Automatic reply: Automatic reply: Automatic reply: Bylawl7-007 curbside garbage Hi Dave and Tim, Below you will see about 2 years of reaching out to the region, by-law and many other people to deal with the filth on Jansen ave. Every single person I've reached out to has given me the runaround. There is leftover broken furniture at ■jansen right now, there is a mattress on Kinze that has been there for 2 weeks, and in the past 2 years the streets have becoming full time parking lots. 1.2 parking spots for 56 units will definitely make things much worse. Awopboppa loobopa lopba m boom!!! From: Paul Araujo Sent: Friday, May 24, 2024 5:36 PM To: Tim Seyler <Tim.Seyler@kitchener.ca>; Dave Johnstone <DJohnstone@regionofwaterloo.ca>; Mayor <mayor@kitchener.ca> Cc: Dave Schnider <Dave.Schnider@kitchener.ca> Subject: Re: Jansen Ave Development I have forwarded both you and Dave Schnider, communication I have had with Dave Schnider, David Johnstone and several other team members of waste management and Kitchener BY -Law, and nothing has been done. Private collection means nothing as 164 is private collection, there are units with private collection on Guerin, Kinzie and Grulke to name a few and garbage still ends up on the curb and the by-law will not do anything. The 3 storey units are on the opposite side of fairway rd. On the Jansen side of Fairway at the 179 are there are no 3 storey units. The city can pick and choose where these borders are in order to fit their financial benefits. The urban design planners for this area are not residents of this area and do not care what happens in our back yards. I do not believe you or the city planners are honestly interested in what the residents opinions are. And just like the by-law department and waste management department you and Dave Schnider will continue to deflect these issues to the next person making us run around in circles. There has been no planning of any kind by anyone to notice and plan for parking and garbage collection. The single and only interest is to build more and collect more taxes. Page 102 of 174 Awopboppaloobopalopbamboom!!! From: Tim Seyler <Tim.Seyler@kitchener.ca> Sent: May 24, 2024 5:01 PM To: 'Paul Araujo' Cc: Dave Schnider <Dave.Schnider@kitchener.ca> Subject: RE: Jansen Ave Development Hi Paul, Thanks for the email. I was also able to connect with Councilor Schnider on your items. If you are having issues with the garbage collection in the area, I would recommend reaching out to your regional councilor as the Region is responsible for the garbage clean up. If there are issues that are a concern for an extended period of time then you can reach out to our by-law staff. The development proposal at 179 Jansen will be required to have private garbage pick up and the residents will be using that service. There will be no regional pick up for the development and shouldn't cause any concerns with the surrounding neighbourhood's pick up. I would also like to point out that there are 3 storey multiple dwellings along Fairway Rd. which this development borders on. Our urban design staff have reviewed the application and do not have concerns with the 3 storeys in height as it is permitted within the By-law and the application is not asking for an increase in the height. As for parking, the development exceeds the City's overall parking minimum for a residential development, they are providing a few extra spaces in order to support the units on site. On street parking is permitted within the warmer months, and if there is an ongoing issues please again reach out to our By-law team. Thanks, Tim Seyler, BES, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca From: Bob Steyaert Sent: Wednesday, May 22, 2024 9:03 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Jansen ave development Email as someone who lives on Jason Avenue there's no parking available on the street as it is and you want to add another 60 units. I don't think anybody's thinking this through 1.2 parking spots is hardly sufficient for that many units there's garbage used furniture and the entire neighbourhood is starting to look like a war zone, you should consult the people that live on the street and actually hear what they're saying BOB STEYAERT Page 103 of 174 From: Mariola gol Sent: Monday, May 13, 2024 12:40 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: 179 Jansen Ave. Kitchener Ontario. 1.Who will be responsible for flooding My propejU? The property that is planned to be built is joined to mine for 55' feet. The property 179 Jansen Ave. is elevated approximately 2' feet higher than mine. I want to know who will be paying for the damages when the flooding occurs?? I am a senior and I do depend on my organic fruit and vegetables during the summer. I will not have any sun during morning, only one (1) hour at 12 noon, and my organic garden will not survive. Am I going to be compensated for the loss of fruit and vegetables?? There must be a way to build the complex to accommodate everyone's satisfaction. 2. Environmental pollution; noise and carbon, for example when there are 20 dwellings there are approximately 1 1/2 cars por dwelling, imagine the pollution....!! I would appreciate a response. Regards ID On Mon, May 13, 2024 at 3:45 PM Tim Seyler <Tim.Seyler@kitchener.ca> wrote: Hi Mariola, Thank you for the email. The developer was required to provide a grading plan that shows how all of the water on the site will be dealt with. This was provided to the City's engineers to review, and they have stated that there is no concerns with what they are proposing. The water will drain away from your property towards the center of the site and then handled from there. This will also be reviewed further at the detailed site plan review stage to ensure that all the water on site is handled appropriately. As for your shadow question, the buildings will have a maximum height of 11 metres, which is the standard maximum height within the Residential zones. This height is shown to have minimal shadow impacts to the surrounding properties and even though there may be some shadows on your property, it would only be for a small period of the day. There will be some noise as part of the development but will be only during weekdays and will be mitigated as best as possible. The applicant has also included a sustainability statement with the project Page 104 of 174 that outlines the environmental impacts and how they will respond to those impacts. A form of infill development like this is shown to have less environmental impact than a new subdivision at the edge of the City. If you have further questions, please don't hesitate to ask. Thanks, Tim Seyler, BES, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca From: Mariola gol Sent: Monday, May 13, 2024 5:53 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Re: 179 Jansen Ave. Kitchener Ontario. Thank you for the information. However; I do not have contact information in case I do have a problem with flooding. Do I understand correctly if/when I do have flooding I should take City - Kitchener to court for any damages to my property? Kind re ards. ID# Page 105 of 174 Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 17, 2024 SUBMITTED BY: Rosa Bustamante, Director Planning and Housing Policy, 519-741- 2200 ext. 7319 Garett Stevenson, Director Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Natalie Goss, Manager Policy & Research, 519-741-2200 ext. 7648 Garett Stevenson, Director Development and Housing Approvals, 519-741-2200 ext. 7070 WARD(S) INVOLVED: ALL DATE OF REPORT: May 30, 2024 REPORT NO.: DSD -2024-277 SUBJECT: Housing for All Strategy Lived Expertise Working Group Next Steps RECOMMENDATION: That the Lived Expertise Working Group pilot be extended to June 2026 as outlined in DSD -2024-277 and be resourced by City staff to allow for the continued implementation of Kitchener's Housing for All Strategy and a continued lived expert's lens on the Official Plan project. REPORT HIGHLIGHTS: • The purpose of this report is to provide an overview of the Lived Expertise Working Group (LEWG) 2 -year pilot and outline next steps for lived expertise in city housing related matters. • City staff will be administering the LEWG with existing staffing resources. Membership remuneration/honorariums will be administered by the city and will be included within Planning budgets for 2025 and 2026. • This report has been posted to the City's website with the agenda in advance of the Council/Committee meeting. Over the past year conversations occurred with the LEWG about options for lived expertise in city housing related work post pilot. The input gathered from these conversations informed the recommended approach for the LEWG for 2024-2026. • 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 106 of 174 BACKGROUND: This report is one of many housing -related reports considered by Council since Council's endorsement of Kitchener's Housing Pledge in March 2023, as shown in the diagram below. Official Plan Review Launch Growing Together Implementation Inclusionary Zoning Implementation Enabling Four Units Shared Accommodations Official Plan Review Licensing By-law progress report Lodging House Official Plan and Zoning Amendment Decision Rental Replacement By-law Implementation' I Lived Expertise Working I Group Next Steps GrowingTogether East Project Launch Not For Profit Affordable Rental and Co-op Housing Incentive (Pilot) In December 2020 Kitchener Council approved Kitchener's Housing for All Strategy establishing a five-year strategy to realize the right to housing using the tools available to an area municipality. Priority 2 of the Housing for All Strategy is a commitment to lived experience collaboration with the following actions: • Recognize and treat those in need of housing or related social benefits as experts in making what is required and able to positively inform the outcome of decision- making processes; • Ensure knowledge of rights and provide access to relevant information and sufficient time to consult; • Ensure meaningful participation in the design, implementation and monitoring of housing policies and decisions; • Work with community organizations to proactively identify and eliminate socio- economic barriers to participation; and, • Create and implement a 2 -year pilot project for staff to work with and learn from a Lived -Experience Working Group on addressing housing issues in the city, to gain advice on strategy implementation and monitor progress. A Lived Expertise Working Group (LEWG) was formed in early 2022 for a 2 -year pilot. In September 2023, Council authorized the extension of the pilot for year two and resolved "That staff, together with the facilitator of the Lived Expertise Working Group, report back to Council at the conclusion of the pilot program in 2024 on the outcome of the pilot". The purpose of this report is to provide an overview of the LEWG pilot and recommendations Page 107 of 174 Akhm Municipal Housing Pledge Eviction & Missing Middle and Displacement Affordable Housing Study Webpage & Online Update Reporting Update Lived Expertise Working Rental Replacement Group Year 2 Work Plan By-law Directions Development Report Lower Doon Land Use Study Implementation Official Plan Review Launch Growing Together Implementation Inclusionary Zoning Implementation Enabling Four Units Shared Accommodations Official Plan Review Licensing By-law progress report Lodging House Official Plan and Zoning Amendment Decision Rental Replacement By-law Implementation' I Lived Expertise Working I Group Next Steps GrowingTogether East Project Launch Not For Profit Affordable Rental and Co-op Housing Incentive (Pilot) In December 2020 Kitchener Council approved Kitchener's Housing for All Strategy establishing a five-year strategy to realize the right to housing using the tools available to an area municipality. Priority 2 of the Housing for All Strategy is a commitment to lived experience collaboration with the following actions: • Recognize and treat those in need of housing or related social benefits as experts in making what is required and able to positively inform the outcome of decision- making processes; • Ensure knowledge of rights and provide access to relevant information and sufficient time to consult; • Ensure meaningful participation in the design, implementation and monitoring of housing policies and decisions; • Work with community organizations to proactively identify and eliminate socio- economic barriers to participation; and, • Create and implement a 2 -year pilot project for staff to work with and learn from a Lived -Experience Working Group on addressing housing issues in the city, to gain advice on strategy implementation and monitor progress. A Lived Expertise Working Group (LEWG) was formed in early 2022 for a 2 -year pilot. In September 2023, Council authorized the extension of the pilot for year two and resolved "That staff, together with the facilitator of the Lived Expertise Working Group, report back to Council at the conclusion of the pilot program in 2024 on the outcome of the pilot". The purpose of this report is to provide an overview of the LEWG pilot and recommendations Page 107 of 174 on next steps for lived expertise in the continued implementation of Kitchener's Housing for All Strategy. REPORT: Kitchener's Housing for All Strategy has positioned the City to be a leader in recognizing lived expertise, the right to housing, and demonstrating the role an area municipality can play in advancing housing opportunities. A lived expertise lens brings a diverse perspective to housing related work that is currently underway at the city. Over the past two years, the Lived Expertise Working Group (LEWG) has helped to shape a proposed rental replacement by-law for Kitchener, collaborated on the City's eviction information and assistance webpage, provided guidance on the City's Eviction Survey, provided input into the early stages of Kitchener's new Official Plan, and continues to work on the implementation of Housing for All. Over the two-year pilot staff and the LEWG have learned that: • Building relationships with each other to have honest, open, safe conversations about matters that the city is responsible for — like housing policy -- is important. There is an understanding that this is key in the continued delivery of Kitchener's Housing for All Strategy and other housing related matters that the city is responsible for to ensure that decisions are shaped by the lived experiences of our community members; • A periodic re -confirmation of the role/mandate of the LEWG and how its work is advancing the implementation of Kitchener's Housing for All Strategy is a good reminder to ensure work remains within scope; • Consistent staff support through attendance at each meeting and in between is required to ensure a consistent, two-way exchange of information; • It is important to make space to share about current matters that weigh heavily on LEWG members' minds and impact their daily lives. Often, these matters, while important, are not directly related to the LEWG's mandate nor do they fall within the City's jurisdiction. However, these matters add to their lived expertise and the empathy -based approach to working collaboratively amongst staff and lived experts; Being able to advocate for improvements and changes on housing matters is important for LEWG members; There was a significant investment in time and energy of the Social Development Center of Waterloo Region (SDCWR) as both an administrator and facilitator of the LEWG and that this was sometimes challenging given their other work and advocacy, and; There is a desire to keep working together on various housing related matters that are within the jurisdiction of the city. Tremendous progress has been made in collaboration with the LEWG over the past two years on many housing related matters with the city. The LEWG has shaped updates to rules for lodging homes and the proposed rental replacement by-law. The LEWG was instrumental in designing an information sharing webpage for tenants on the City's website. The LEWG has also been sharing the stories of their experiences, some through 2 -minute plays, some through a photo exhibit, and others through panel discussions at housing conferences across Canada. Page 108 of 174 Work continues at the City in the space of housing and the continued support of the LEWG will help ensure the success of housing related work. Staff recommends that the LEWG pilot be extended to June 2026 and be resourced by City staff to allow for the continued implementation of Kitchener's Housing for All Strategy and to allow for a continued lived expert's lens on the Official Plan project. As part of the pilot extension, in consideration of the learnings outlined above, staff recommend the following refinements: • That the administration of the LEWG occur by the City; • A facilitator role continue to ensure ongoing collaboration; • Remuneration of LEWG members continue; • Staff resources will be provided within the current staff complement, • Funding for the administration and remuneration of the LEWG, childcare, and meeting expenses (including meals) be accounted for within the Planning budgets for 2025 and 2026. The current pilot ends in June 2024. Staff will work on updating the terms of reference over the summer for a September relaunch of the new City -facilitated format. Meetings are proposed to be monthly. 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 — Administration of the LEWG, including remuneration for members, childcare, and meeting expenses (including food) will occur through existing Affordable Housing operating account. Staff resources will be provided within the current staff complement. The estimated annual cost is $24,000 based on 12 meetings per year. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. COLLABORATE — Over the past year, regular conversations occurred with the LEWG about options for lived expertise in city housing related work post pilot. The input gathered from these conversations informed the recommended approach for the LEWG for 2024- 2026. PREVIOUS REPORTS/AUTHORITIES: • DSD -20-214 - Housing for All — City of Kitchener Housing Strategy • COR -2022-104 — Housing for All program Update — 2922 Year in Review Page 109 of 174 DSD -2023-295 — Housing for All Strategy Lived Expertise Working Group — First Year Review and Rental Housing, Eviction and Displacement Study Update DSD -2023-422 — Supplemental Report to DSD -2023-295 Housing for All Strategy Lived Expertise Working Group APPROVED BY: Justin Readman, General Manager, Development Services Page 110 of 174 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 17, 2024 SUBMITTED BY: Rosa Bustamante, Director Planning and Housing Policy, 519-519- 741-2200 ext. 7319 PREPARED BY: Natalie Goss, Manager Policy & Research, 519-741-2200 ext. 7648 Lucas Van Meer -Mass, Senior Planner (Housing), 519-741-2200 ext. 7069 Tanya Roberts, Project Manager (Planning), 519-741-2200 ext. 7704 WARD(S) INVOLVED: ALL DATE OF REPORT: June 6, 2024 REPORT NO.: DSD -2024-282 SUBJECT: Proposed Rental Replacement By -Law RECOMMENDATION: That the proposed Rental Replacement By-law, be approved in the form shown in Attachment `A' to report DSD -2024-282; and, That City initiated Official Plan Amendment OPA24/007/K/NG, for the purposes of administering a Rental Replacement By-law, be adopted in the form shown in the Official Plan Amendment attached to Report DSD -2024-282 as Attachment `C', and accordingly forwarded to the Region of Waterloo for approval; and, That By-law 2013-093, being Chapter 620 — Demolition Control of the Municipal Code, be amended by the "Proposed By-law" attached to Report DSD -2024-282 as Appendix `D', to enable the administration of a Rental Replacement By-law; and further, That staff be directed to continue to work towards a tenant assistance policy as outlined in Kitchener's Housing for All Strategy. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council's approval of a proposed Rental Replacement By -Law and related amendments to Kitchener's Official Plan and Demolition Control By-law. • The proposed Rental Replacement By-law is a tool designed to provide stability and compensation to tenants displaced by redevelopment and to create a transparent and predictable Rental Replacement permitting regime. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 111 of 174 • The proposed Rental Replacement By-law balances interrelated policy goals of creating new housing supply and preserving the health and diversity of the city's most affordable rental housing. • The By-law will require landowners seeking to demolish or convert six or more rental units to provide alternative housing or compensation to tenants and require the provision of replacement rental housing in new developments. • Staff will undertake further analysis to determine if a new fee should be added to Kitchener's Fee Schedule as part of Budget 2025 to cover administrative costs in the processing of the Rental Replacement Permit. • 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. EXECUTIVE SUMMARY: The proposed Rental Replacement By-law is a tool designed to provide stability and compensation to tenants displaced by redevelopment, and to create a transparent and predictable rental replacement permitting regime that ensures that new development does not occur at the expense of existing rental housing. It balances the interrelated policy goals of creating new housing supply and preserving the health and diversity of the city's most affordable rental housing, its existing purpose-built rental housing stock. The proposed Rental Replacement By-law builds on policy direction in the Regional Official Plan, Official Plan, and Kitchener's Housing for All Strategy, and direction provided by Council in December 2023. The Rental Replacement By-law will not stand in the way of the large-scale redevelopment of existing rental housing properties, so long as compensation to tenants and the replacement of rental units occurs. Under the proposed Rental Replacement By-law, tenants would be offered the choice of a replacement unit, a rent waiver or compensation, and replacement units would be required to be provided at affordable rents for 10 years. The proposed Rental Replacement By-law disincentivizes proposals to redevelop existing rental properties without contributing substantially to housing supply. This report details staff's efforts, in keeping with Council direction, to provide rental protection to as many tenants as possible, within the limitations of the legal authority within the Municipal Act for rental replacement by-laws. As such, the proposed Rental Replacement By-law will apply only to evictions through demolitions and cannot apply to evictions through renovations. Additionally, no legal powers exist for the City to intervene in informal evictions or those proceeding under the Residential Tenancies Act. The City, moreover, has no authority to make the issuance of a Rental Replacement Permit a condition for issuing building permits. The development of the proposed Rental Replacement By-law involved consultation with tenant advocates, individuals affected by rental displacement, and development industry partners. It is recommended that Council approve the proposed Rental Replacement By- law and companion Official Plan amendment and Demolition Control By-law amendment and continue work on a tenant assistance policy as outlined in Kitchener's Housing for All Strategy. Page 112 of 174 BACKGROUND: This Report is one of many housing -related reports considered by Council since Council's endorsement of Kitchener's Housing Pledge in March 2023 as shown on Figure 1. Municipal Housing Pledge Eviction & Missing Middle and Displacement Affordable Housing Study Webpage & Online Update Reporting Update Lived Expertise Working Rental Replacement Groupyear 2 Work Plan By-law Directions Development Report Lower Doon Land Use Study Implementation official Plan Review Launch Growing Together Implementation Inclusionary Zoning Implementation Enabling Four Units Shared Accommodations 1 Official Plan Review Licensing By-law progress report Lodging House official Plan and Zonirig Amendment Decision I Rental Replacement By-law I Implementation' Lived Expertise Working Group Next Steps Gro wingTogether East Project Launch Not For Profit Affo rdable Rental and Co-op Housing ncentive ( Pilot) Figure 1: Housing Related Studies and Initiatives On January 30, 2023, Council directed staff to prepare a rental housing, eviction and displacement study that explored tools that the city can use to support the transitioning of displaced residents. This direction emerged from the findings of the City's Housing for All Strategy, which recommended finding innovative tools to preserve and increase housing supply. The study that was prepared in response to Council direction included a financial feasibility assessment of a rental replacement by-law by Parcel Economics. In December 2023, Council directed staff to prepare a rental replacement by-law. Since December 2023, a core group of staff from across the corporation, including staff from Building, By-law Enforcement, Legal, Planning & Housing Policy, as well as Housing & Development Approvals have worked collaboratively on the proposed Rental Replacement By-law. Staff have engaged with development industry partners, housing advocates and non -profits, and community members who have or are experiencing displacement. REPORT: Evictions and Displacement The Residential Tenancies Act, 2006 (RTA), is the Provincial legislation which governs rental housing in Ontario, including matters related to evictions. The RTA outlines rules for tenancy agreements and other matters such as requiring that landlords maintain their properties in a good state of repair and comply with health, safety, housing, and maintenance standards. Generally, when a tenant is evicted from their home, they must be Page 113 of 174 provided with an N12 or N13 notice from the landlord which provides the landlord's reason for the eviction. These notices are filed with the Landlord and Tenant Board (LTB). The LTB enforces the RTA. Conflicts between tenants and landlords are handled by the Landlord and Tenant Board (LTB). A landlord may apply to the LTB to end a tenancy for reasons ranging from non-payment of rent, use of the unit for illegal activities, or occupancy of the owner, among others. Tenants may, likewise, file grievances with the LTB regarding issues such as above guideline rent increases, property maintenance or bad faith evictions. While the LTB clearly outlines rights and responsibilities, obtaining a hearing can take upwards of 10 months. It is acknowledged that evictions may also occur informally and without proper notice. Legislative and Policy Context Staff report DSD -2023-486, outlined the tools available at the municipal level to directly regulate evictions — a Rental Replacement By-law under section 99.1 of the Municipal Act. The Municipal Act allows municipalities to pass by-laws to prohibit or regulate the demolition and conversion of residential rental properties containing six or more units. The mechanism used to regulate the demolition or conversion is a permit, often called a s.99.1 permit, issued with conditions and secured by an agreement that is registered on the title of the property. The triggering mechanism for the implementation of the Rental Replacement By-law is a Demolition Control Permit. The Demolition Control Permit process, authorized by section 33 of the Planning Act, allows municipalities to prevent demolition of residential properties in the City pending a plan being put in place for building replacement. The Region of Waterloo's Official Plan includes policies that support the retention of rental housing stock and encourage the development a rental replacement by-law. Policy 3.A.15 requires that area municipalities develop Official Plan policies and zoning regulations regarding the demolition of existing residential rental units for buildings with six or more units. This policy includes criteria on comparable bedroom mix and affordability for replacement units and tenant compensation in accordance with the RTA. Kitchener's Official Plan includes many policies encouraging the provision of new and retention of existing rental housing. The following policies were considered in the preparation of the proposed Rental Replacement By-law and companion amendments to the Official Plan and Demolition Control By-law: 4.C.1.22 The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. 4.C.1.10 Where appropriate, and without limiting opportunities for intensification, the City will encourage and support the ongoing maintenance and stability of existing housing stock in the city by: a) supporting the reuse and adaptation of the housing stock through renovation, conversion and rehabilitation, Page 114 of 174 b) supporting community access to funding programs for the rehabilitation and repair of housing 4. C. 1.11 A demolition control application will be required for any requests to remove residential dwelling units from the housing supply in accordance with the Demolition Control Policies in Section 17.E.25. Further, Kitchener's Housing for All Strategy identifies strategies for supporting the equitable provision of housing across the city, including inclusionary zoning, lodging house licensing, tenant support programs, affordable housing incentives, and measures for increasing housing and supply opportunities. Concern about the loss of rental housing has become a focus of city initiatives across Southwestern Ontario. Communities such as Toronto, Mississauga, and Oakville have enacted rental housing protection by-laws under the express authority under section 99.1 of the Municipal Act to regulate the demolition and conversion of residential rental properties. These by-laws established a permit system requiring an applicant to apply for a permit to carry out the demolition or conversion of a rental property, subject to the by-law's conditions. Proposed Rental Replacement By-law Rationale and Objectives The proposed Rental Replacement By-law was developed to strike an appropriate balance between three interrelated policy goals: increasing housing supply, preserving existing rental homes, and protecting tenants. The proposed Rental Replacement By-law focuses specifically on purpose built multi -unit rental properties, that are of critical value to the health and diversity of the city's housing stock. It will ensure that when development does occur on existing rental properties, the results contribute to both to the supply and affordability of housing city-wide. Through Kitchener's housing pledge, Kitchener committed to accelerating housing supply and taking necessary steps to facilitate 35,000 additional homes by 2031. Kitchener has already approved updates to its land use framework within its Protected Major Transit Station Areas (Growing Together) enabling up to 100,000 new homes. Additionally, Kitchener has approved updates to its zoning by-law to allow 4 units as of right on approximately 68 percent of residential lots within Kitchener. Balancing the supply of new housing while maintaining existing rental housing stock is a key consideration of Kitchener's growth. Existing rental housing is the most affordable form of market housing available and makes up 55 percent of the city's rental housing stock. The proposed Rental Replacement By-law would encourage the retention of existing rental housing where the parameters of the by-law would make the financial viability of redevelopment unsuccessful. The proposed Rental Replacement By-law is, moreover, supported by a full complement of City incentives and policies that promote development across a variety of sites across the city. These objectives formed the basis for the key aspects of the proposed Rental Replacement By- law. Proposed Rental Replacement By-law Staff is recommending a Rental Replacement By-law that is like those in effect in the cities of Toronto, Mississauga, and Oakville and includes matters that are permitted to be regulated by section 99.1 of the Municipal Act (Attachment A). The proposed Rental Page 115 of 174 Replacement By-law includes rules for tenant compensation and rental replacement units. It also includes key definitions such as "dwelling unit", "lodging unit", "comparable rental unit", and "residential rental property" to capture a broad, but within the limits of the Municipal Act, application of the by-law. Applicability The proposed Rental Replacement By -Law establishes a Rental Replacement permit process whereby applications requiring Planning Act approval that will result in the demolition or conversion of six or more rental units are required to replace those units onsite and provide compensation to displaced tenants. The proposed Rental Replacement By-law would also apply to planning applications that relate to a property or multiple properties that contain six or more residential units, whether they are contained on one parcel or several. This includes apartment buildings as well as townhomes, semi-detached and single - detached homes, whether those homes have been subdivided into apartments or not. The six unit minimum is set by the Municipal Act. Units in the secondary rental market, such as rented condominiums, are not included as stipulated by section 99.1 of the Municipal Act. Rental units that would also be exempt include equity co-operatives, co -ownership properties, and designated and non-profit housing projects owned, operated, or managed by the Region of Waterloo. Tenant Compensation When a Planning Act application proposes to demolish or convert an eligible residential rental building, the proposed Rental Replacement By-law includes three options for compensation: • Temporary Offsite Replacement Unit: A comparable rental unit rented at the same price as their existing unit until construction of the new unit is complete at which point the tenant is given first right of replacement to occupy a new unit. • Rent Waiver: The option of remaining in their unit for 12 months rent-free with the obligation to vacate thereafter. Additionally, the developer will be required to provide a unit in the new building at affordable rents for a period of 10 years. • Cash Payout: The option of receiving the cash equivalent of 10 months of rent and an agreement to vacate the property in two months. Additionally, the developer will be required to provide a unit in the new building at affordable rents for a period of 10 years. Rental Replacement Units In any development subject to the proposed Rental Replacement By-law, applicants are required to build affordable rental units equal in number and size to those demolished or converted. These units are then occupied by either tenants that selected the Temporary Offsite Replacement Unit at the outset of the process, or by other tenants through a tenant selection process that is envisioned at this time to be similar to the process being developed as part of Kitchener's Inclusionary Zoning program. These units are required to remain Page 116 of 174 rented at an affordable rent for a period of ten years, with these obligations secured through an agreement registered on the title of the property. The proposed Rental Replacement By -Law in the Context of Local Development and Investment Opportunities The proposed Rental Replacement By-law has been structured in a way to ensure that the city can balance two interlocked policy objectives: the creation of new housing supply and the preservation of existing rental supply. The proposed Rental Replacement By-law was informed by the Rental Replacement By- law Financial Feasibility Study prepared by Parcel in November 2023 as well as an update to that work also prepared by Parcel in June 2024 (Attachment B). The June 2024 report focused on potential challenges a rental replacement by-law could have on enabling missing middle housing supply. Through this report Parcel confirmed that the introduction of the proposed Rental Replacement By-law is not expected to — in and of itself — render missing middle projects infeasible. Further it reiterated that market conditions continue to be challenging, but that the City continues to have several policy levers to improve the feasibility of missing middle housing including adopting flexibility in density calculations and reducing parking requirements. The City has already made great strides in these areas through the approval of the Growing Together land use and zoning framework which saw the elimination of maximum densities and minimum parking requirements. Additionally, further flexibility in land use permissions city-wide is being explored through the City's in progress Official Plan review. Kitchener has approximately 21,400 primary rental units. Units eligible for rental replacement have been estimated at approximately 20,500 units (i.e., 96% of the total primary rental units in Kitchener in buildings with a minimum of 6 units). However, in light of other practical limitations to implementation — including conditions for financial feasibility — less than one fifth of the total supply of primary rental units in the city are actually likely to be redeveloped (i.e., approximately 3,600 units representing 17% of the existing primary rental supply). Properties with redevelopment potential are ones with lower existing unit totals, with land use permissions that permit more than what exists, and on lots that have the space to accommodate far more units. The purpose of this by-law is to ensure that, if development occurs on these properties, it does not come at the expense of existing rental units that form the pillar of the City's affordable housing. As land use permissions continue to become more flexible, there will be opportunities to better absorb the conditions of the proposed Rental Replacement By-law into proformas. While the proposed Rental Replacement By-law places new requirements on the redevelopment of certain existing rental properties, it will not affect the ability of landowners to profitably operate existing rental properties, or increase yields on existing properties through renovations, rent increases, or site intensification. Neither does the proposed Rental Replacement By-law affect opportunities for investment outside existing rental properties, which continue to be abundant. Page 117 of 174 Staff will monitor the implementation of the proposed Rental Replacement By-law to ensure that it is striking the right balance between the creation of new housing supply and providing for tenant protection and compensation. Other Matters Considered Staff examined numerous avenues for using a Rental Replacement By-law under the authority of the Municipal Act to provide rules around evictions resulting from renovations Staff concluded that no such blanket protections were possible, and that a proposed Rental Replacement By-law that focused on displacement resulting from Planning Act applications was the only method of implementation given current legislative powers. Evictions due to renovations are one of the most common forms of eviction in Kitchener. So- called `renovictions' are typically pursued using one of two methods: informally, outside of any government processes such as permits, tribunals, or Planning Act applications, or through formal Residential Tenancies Act process, which remain the only formal means of evicting tenants. Informal evictions are not illegal, but in practice are those in which tenants most commonly encounter disinformation, and coercion to get them to move. Approximately 29% of respondents to the City's online eviction stated that they were evicted because their home was going to be renovated. They shared that they are struggling to find alternative affordable rental units. In the proposed Rental Replacement By-law staff have utilized the powers provided by Section 99.1 of the Municipal Act to their greatest extent. Staff extensively tested and explored how Section 99.1 could be implemented to protect tenants from displacement, focusing specifically on how potential cases of informal evictions, or displacement involving only building permits could be brought under the control of the powers the City has under the Planning Act and Municipal Act. Nevertheless, due to the limits in existing municipal powers, the proposed Rental Replacement By-law is not a tool that can be used to protect tenants from evictions from renovations. Currently, municipalities have no explicit tools at their disposal to protect tenants from evictions due to renovations. Staff explored whether it was possible to withhold building permits. Through the powers afforded by Section 99.1 Municipal Act, section 33 of the Planning Act, which covers demolition control, and the Building Code Act, staff looked at withholding building permits until a Rental Replacement Permit was issued. Staff found that the Municipal Act is not applicable law under the Building Code, and any requirements thereunder cannot be used as conditions for the issuance of a building permit. Staff also explored the possibility of redefining `demolition' to have it apply to any material changes to a dwelling unit and use existing powers to then transfer the responsibility to approve a demolition permit to the administrator of the Demolition Control By -Law in cases where the application would affect six or more rental dwelling units. In consultation with the Building Division, it was ultimately concluded that the redefinition of `demolition' to a meaning that deviated so greatly from standard building code practices could not be supported. A change in the definition of `demolition' would moreover, result in the Building Division being responsible for issuing demolition permits for the thousands of applications that met the expanded definition of `demolition', but not the six rental dwelling unit threshold. Page 118 of 174 Staff also explored nesting the Rental Replacement Permit process in the Site Plan Approval process, making a Rental Replacement Permit a condition for the issuance of Site Plan Approval. Section 41(7) of the Planning Act outlines matters which may be conditioned by a site plan approval process. The Planning Act does not permit a rental replacement permit as a condition of site plan approval. Proposed Official Plan Amendment To enable the administration of the proposed Rental Replacement By-law, staff are proposing an amendment to the Official Plan. The proposed Official Plan amendment (Attachment C) includes modifications to section 17, specifically demolition control policies to enable demolition control to be used as a tool to protect existing rental housing stock. The Planning Act, R.S.O. 1990, c. P.13.25 Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board, and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as the following relevant matters related to housing: • The orderly development of safe and healthy communities; • The adequate provision of a full range of housing, including affordable housing, and; • The appropriate location of growth and development. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Planning staff are of the opinion that the proposed Official Plan amendment has regard for the matters of Provincial interest outlined in section 2 of the Planning Act as the proposed amendment clarifies that a demolition control by-law can be used to assist with the implementation of the proposed Rental Replacement By-law which is a tool under the Municipal Act that will assist with the provision of a full range of housing including affordable housing. It does this by ensuring that tenants continue to have affordable housing options. The Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides direction on matters of provincial interest related to land use planning and development. Policy 1.1.1 speaks to the ways in which healthy, liveable and safe communities are sustained, including accommodating an appropriate affordable and market-based range and mix of residential types. Policy 1.1.3.3 promotes transit -supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated, considering existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. And finally, policy 1.4.3b) permits and facilitates all housing options required to meet the social, health, economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities. Page 119 of 174 Planning staff are of the opinion that the proposed Official Plan amendment is consistent with the PPS as it enables the use of demolition control to assist with the implementation of a Rental Replacement By-law. The proposed Rental Replacement by-law will assist with providing housing options for current and future residents. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan) The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, and provide for a range, and mix of housing types, jobs, and services. Policy 2.2.6.1 a)i) supports housing choice by identifying a divers range and mix of housing options and densities including affordable housing to meet projected needs of current and future residents. Further, policy 2.2.6.3 acknowledges that to support the achievement of complete communities municipalities will consider the use of available tools to require that multi -unit residential developments incorporate a mix of unit sizes to accommodate a diverse range of household sizes and incomes. Planning staff are of the opinion that the proposed Official Plan amendment is consistent with the Growth Plan as it enables the use of demolition control to assist with the implementation of a Rental Replacement By-law. The proposed Rental Replacement By- law includes provisions that enable replacement rental units to be at comparable sizes to existing rental units contributing to a diverse range of household sizes and a mix of unit sizes in multi -unit residential developments. Region of Waterloo Official Plan The Region of Waterloo Official Plan (ROP) sets a high-level direction for growth and change across the Region. Regional Official Plan Amendment Number 6 (ROPA 6) was adopted by the Region of Waterloo Council on August 25, 2022, and approved in full with modifications by the Province in May 2024. ROPA 6 introduced policies that support the retention of rental housing stock and encourage the development a rental replacement by-law. Policy 3.A.15 requires that area municipalities develop Official Plan policies and zoning regulations regarding the demolition of existing residential rental units for buildings with six or more units. This policy includes criteria on comparable bedroom mix and affordability for replacement units and tenant compensation in accordance with the RTA. Planning staff are of the opinion that the proposed Official Plan amendment conforms to the ROP as it directly enables the implementation of a Rental Replacement By-law through demolition control. City of Kitchener Official Plan, 2014 The City of Kitchener Official Plan (2014) provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The vision and goals of the Plan strive to build an innovative, vibrant, attractive, safe, complete, and healthy community. Kitchener's Official Plan includes many policies encouraging the provision of new and retention of existing rental housing. Policy 4.C.1.22 encourages the provision of a range of housing types and tenures including rental housing. Policy 4.C.1.10 acknowledges that the City will encourage and support the ongoing maintenance and stability of existing housing Page 120 of 174 stock by, among other things, supporting the reuse and adaptation of the housing stock through renovation, conversion, and rehabilitation. Further, policy 4.C.1.11 states that a demolition control application will be used for any requests to remove residential dwelling units from the housing supply. Planning staff are of the opinion that the proposed Official Plan amendment conforms to the general intent and purpose of the Official Plan. Specifically, it clarifies that a demolition control by-law can be used to protect existing rental stock in accordance with the Municipal Act. Based on the above -noted policies and planning analysis, planning staff are of the opinion that the proposed Official Plan amendment has regard for matters of Provincial interest under the Planning Act, is consistent with the Provincial Policy Statement, conforms with, and does not conflict with A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Region of Waterloo Official Plan and Kitchener Official Plan, and represent good planning. Proposed Demolition Control By-law Amendment To facilitate the implementation of the proposed Rental Replacement By-law, staff are recommending amending the Demolition Control By-law to provide greater clarity that it will be used in conjunction with a section 99.1 Rental Replacement Permit (Attachment D). The amendment does not change how demolition control works, rather it allows for its use as a companion to the Rental Replacement Permit. Through the pre -submission process, staff will advise applicants of the Rental Replacement By-law requirements and will recommend early discussions with affected tenants prior to filing their first development application (Official Plan Amendment, Zoning By-law Amendment, Site Plan). Staff will provide details of any known Rental Replacement By-law arrangements when reporting a recommendation on a development application to Council. Rental Replacement Permit Application Fee Staff are recommending that further review be undertaken prior to Budget 2025 to determine the appropriate fee to cover administrative costs in the processing of the Rental Replacement Permit. Implementation and Next Steps Staff are recommending that the proposed Rental Replacement By-law come into effect on the day that it is passed. This will enable applications for demolition control, where an approval has not already been granted within the timeframe provided for under the Planning Act, to be included within the proposed Rental Replacement By-law. Given the recommended effective date, staff have already begun preparing an implementation guide to ensure that quick and successful implementation of the proposed Rental Replacement By-law can occur in collaboration with industry partners. The proposed Rental Replacement By-law capitalizes on the powers provided by the Municipal Act but, due to legislative limitations, leaves many forms of tenant displacement unaffected. Discussions with housing advocates and the results of our ongoing online eviction survey, have indicated that displacement resulting from scenarios such as Page 121 of 174 landowner pressure or bad faith eviction applications, represent the most harmful forms of tenant displacement. It is for this reason that staff seeks to continue to develop a tenant assistance policy as outlined in Kitchener's Housing for All Strategy, being mindful of current legislative limitations, which will identify new strategies and opportunities for protecting tenants that complement the proposed Rental Replacement By-law. Additionally, staff will continue to work with community stakeholders and other orders of government on shared solutions to rental housing, eviction and displacement. To this end, should Council wish to advocate to other orders of government on matters related to eviction and displacement, there may be opportunities to do so in the areas of "renovictions" as there are currently no legislative tools for municipalities to pass by-laws in this area. Staff went to considerable lengths to create a By-law that is a strong and legally defensible tool for protecting renters and existing rental housing, but the relatively untested nature of this legislation will require staff to monitor, document and refine the by-law as it is applied. 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: At this time, it is expected that the implementation of the proposed Rental Replacement By- law can be accomplished with existing resources. Any expansion of this by-law beyond the scope recommended, such as its application to evictions due to renovations, if that is determined to be possible through future legislative changes should they occur, will include consideration of staff resourcing to implement. Operating Budget - Staff are recommending that further review be undertaken prior to Budget 2025 to determine the appropriate fee to cover the administrative costs in the processing of the Rental Replacement Permit. Capital Budget — The recommendation has no impact on the Capital Budget COMMUNITY ENGAGEMENT: CONSULT - Consultations with affected tenants, the precariously housed, and tenant advocates highlighted the emotional and financial cost of rental displacement. The lack of alternate housing, the pressure and coercion they have experienced, and the destabilization that occurs when one loses a home provided vivid illustration of the hardships from which rental protection measures seek to protect tenants. Discussions with development industry partners stressed the burden of the additional costs that a proposed Rental Replacement By-law would apply. Representatives from the development industry expressed a desire for clarity, simplicity and predictability if a by-law were passed, and expressed outstanding frustration with the obstacles they already face in vacating buildings for new development or renovation. Page 122 of 174 Staff also met with the Lived Expertise Working Group (LEWG), which expressed support for the concept of a rental replacement by-law, but doubt that the by-law would provide sufficient protections to the most vulnerable of tenants and the most tenuously housed. Staff also met with the following representatives from the tenant advocacy and protection field, who expressed strong support for a rental replacement by-law and urged staff to consider the strongest measures possible to protect tenants: • The Social Development Centre's Eviction Prevention Peer Support Program • ACORN Waterloo Region • Waterloo Region Yes In My Backyard These advocates stressed that rental replacement alone would not stop the displacement they witness occurring across Kitchener, and that additional measures were necessary. Staff also presented to the Kitchener Development Liaison Committee (KDLC) on the proposed Rental Replacement By-law. KDLC representatives expressed concern about the cost of the by-law, and the potential exploitation of the by-law to further delay development projects. Staff followed up with a KDLC representative for a more in-depth discussion of their outstanding questions and provided a follow up presentation to the KDLC on May 24. A statutory public meeting on the companion Official Plan amendment is being held at the Planning and Strategic Initiatives Committee meeting on June 17, 2024. The statutory public meeting was advertised in the Waterloo Region Record on May 24, 2024 (Attachment E). Online Eviction Survey Results To further engage with residents across Kitchener and to help staff better understand the number and nature of evictions and displacements in Kitchener, an online eviction survey was launched in February 2024. There have been approximately 130 survey responses received as of the date of this report. The majority of responses have been from people living in developments with under 5 rental units or 11 or more rental units in 2 or 3+ bedrooms. The cost of rent listed by most survey respondents was $1400 or more and represented 26-50% of their total income. Approximately 29% of respondents shared that the reason they were evicted was because their home was being renovated and another approximately 35% said that they were being evicted because the landlord/owner's family member wanted to move in. Other reasons included the desire to increase rents and/or sell the property. Many survey respondents had a formal lease and were notified through an N12 Notice or by phone/in-person from the landlord. Many survey respondents had lived in their rental unit for 5+ years and many were only offered the equivalent of 1 month's rent in compensation, if anything. The survey included an opportunity for respondents to share about their eviction experiences. Many shared that they felt that they were discriminated against or that they felt bullied into paying more rent or face eviction, others shared a concern over demand for international student housing and challenges with mortgages increasing rents. Many expressed worry and stress over being able to find another similar affordable unit. The information and stories shared through the survey underline the significance and magnitude of eviction and displacement in Kitchener and further highlight that although our tools are limited, now is the right time to implement a Rental Replacement By-law and continue to work together with all orders of government on solutions. Page 123 of 174 INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • DSD -20-214 — Housing for All — City of Kitchener Housing Strategy • COR -2022-104 — Housing for All Program Update — 2022 Year in Review • DSD -2023-160 — Enabling Missing Middle and Affordable Housing • DSD -2023-295 — Housing for All Strategic Lived Expertise Working Group — First Year Review and Rental Housing, Eviction and Displacement Study Update • DSD -2023-446 — City-wide Lodging House Review • DSD -2023-486 - Rental Housing, Eviction and Displacement Study • Municipal Act, 2001 • Planning Act REVIEWED BY: Garett Stevenson, Director, Development and Housing Approvals APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Proposed Rental Replacement By-law Attachment B — Rental Replacement Financial Feasibility Updates — Parcel (June 2024) Attachment C — Proposed Official Plan Amendment Attachment D — Proposed Amendment to Chapter 620 of the Municipal Code (Demolition Control) Attachment E — Waterloo Region Record Statutory Public Meeting Notice (May 24, 2024) Page 124 of 174 PROPOSED BY-LAW , 2024 BY-LAW NUMBER xx OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to establish a Rental Replacement By-law) WHEREAS subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended ("Municipal Act, 2001") provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on a municipality to enable it to govern its affairs as it considers appropriate; AND WHEREAS subsection 11(2) of the Municipal Act, 2001 provides that a local municipality may adopt by-laws for the economic, social and environmental well-being of the municipality and for the health, safety and well-being of person; AND WHEREAS under sections 20 to 24 of the Municipal Act, 2001 the City may delegate its powers and duties under the Act to an officer or employee of the City; AND WHEREAS, without limiting the broad municipal powers, section 99.1 of the Municipal Act, 2001 provides municipalities with the authority to prohibit and regulate the demolition of residential rental properties and the conversion of residential rental properties to a purpose other than the purpose of a residential rental property; AND WHEREAS the City wishes to exercise its powers under section 99.1 of the Municipal Act, 2001 to protect residential rental housing in order to meet the needs of current and future residents; AND WHEREAS under sections 425 and 429 of the Municipal Act, 2001 the City may pass by-laws to create offences and a system of fines for offences, that are designed to eliminate or reduce any economic advantage or gain from contravening the by-law; AND WHEREAS section 436 of the Municipal Act, 2001 provides that a municipality may pass by-laws to authorize inspections to determine compliance with a by-law; AND WHEREAS subsection 391 (1) (a) of the Municipal Act, 2001 provides that the City may pass by-laws imposing fees or charges on Persons for services or activities provided or done by or on behalf of it; NOW THEREFORE the Council of the Corporation of the City of Kitchener ENACTS as follows.. Page 125 of 174 PART 1 - DEFINITIONS 1) For the purposes of this By -Law, the following definitions and interpretations shall govern: "Applicant" means the registered owner of the property or properties subject to the Rental Replacement Permit application or Person or Persons designated by the owner to act on their behalf. "Building Code Act, 1992" means the Building Code Act, 1992 S.O. 1992, c. 23 as may be amended. "Cash Payout" Means payment of the cash equivalent of the ten (10) months of rental payments made to a tenant when the tenant's choice of Cash Payout from among the Tenant Compensation Options is secured through a Rental Replacement Agreement. "City" means The Corporation of the City of Kitchener. "City Solicitor" means the Director of Legal Services/City Solicitor, their designate, or any successor thereto. "Conversion" or "Convert" means converting a Residential Rental Property to a purpose other than a Residential Rental Property and includes: a) Conversion as a result of a consent to sever land under section 53 of the Planning Act. b) Conversion to: i. A non-residential use. ii. Living accommodation other than Dwelling Units or Dwelling Rooms. iii. A Co -ownership, a condominium or a building organized as a Life Lease Project. "Co -ownership" means an equity co-operative or other co -ownership form of housing where the residential property is ultimately owned or leased or otherwise held, directly or indirectly by more than one Person where any such Person, or a Person claiming under such Person, has the right to present or future exclusive possession of a Dwelling Unit in the residential property. Co -ownership does not include a condominium, a residential building that is organized as a Life Lease Project, or a non-profit housing Co-operative under the Co-operative Corporations Act, R.S.O. 1990, c. C. 35. "Comparable Rental Unit" means a rental unit with a quantity of rooms generally equal to the unit from which the tenant is displaced, offered to the tenant at their existing rent and shall include, at minimum, access to reasonably comparable amenities to those included with their existing rental unit. Page 126 of 174 "Council" means the Council of the Corporation of the City of Kitchener. "Demolition" or "Demolish" means to do anything in the removal of a building or any material part thereof and includes (but is not limited to) interior renovations or alterations that will result in a change to the number of: a) Dwelling Units or Dwelling Rooms b) Dwelling Units or Dwelling Rooms by bedroom type "Dwelling Unit" means the use of a building that contains a room or suite of habitable rooms which: a) is located in a dwelling or mixed use building; b) is occupied or designed to be occupied by a household as a single, independent and separate housekeeping establishment; c) contains both a kitchen and bathroom used or designed to be used for the exclusive common use of the occupants thereof; and, d) has a private entrance leading directly to the outside of the building or to a common hallway or stairway inside the building. "Existing Rent" means the rent a tenant is paying at a building subject to a Rental Replacement Permit Process on the date that an application is made to the City pursuant to this By-law. "Director" means the Director of Development and Housing Approvals for the City, their designate, or successor thereto. "Guidelines" means the document titled `Rental Replacement Guidelines' which shall be published details the process, conditions, and requirements for permitting the Demolition or Conversion of dwelling units and lodging houses under this By-law. "Ontario Heritage Act" means Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended. "Life Lease Project" means a life lease project as described in paragraph 1 of subsection 3(1) of Ontario Regulation 282/98, under the Assessment Act, R.S.O. 1990, c. A. 31. "Lodging House" means a dwelling unit where five or more Persons, not including a resident owner of the property, may rent a Lodging Unit and where the kitchen and other areas of the dwelling unit are shared amongst the Persons occupying the Dwelling Unit. Lodging house can include student residences but shall not include a group home; hospital; and small residential care facility or large residential care facility licensed, approved, or supervised under any general or specific Act; or a hotel as defined in City of Kitchener Zoning By-law 2019-051. "Lodging Unit" means a room or set of rooms located in a Lodging House or other dwelling designed or intended to be used for sleeping and living accommodation which: a) is designed for the exclusive use of the resident or residents of the unit; Page 127 of 174 b) is not normally accessible to Persons other than the residents or residents of the unit; and, c) does not have both a bathroom and kitchen for the exclusive use of the resident or residents of the unit. "Non-profit Housing Co-operative" means a non-profit housing co-operative under the Co-operative Corporations Act, and "co-operative" has the same meaning. "Person", or any expression referring to a person, means an individual, sole proprietorship, partnership, limited partnership, trust, or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative. "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as may be amended. "Related Buildings" means: a) Buildings that are under the same ownership and on the same parcel of land as defined in section 46 of the Planning Act; or b) Buildings that form part of the same application under this By-law or under a Related Planning Application. "Related Planning Application" means a) an application that provides for the Demolition of Residential Rental Property or the Conversion of Residential Rental Property to a purpose other than a Residential Rental Property, expressly or by necessary implication. b) For greater certainty, paragraph (a) includes but is not limited to an application for the following: A permit under section 8 or 10 of the Building Code Act, 1992. ii. A consent or permit to alter part of a property or to demolish or remove a building or structure under section 33, 34, 34.5 or 42 of the Ontario Heritage Act. iii. Approval or registration of a description for a proposed condominium or exemption from approval for a condominium, under section 9 of the Condominium Act. iv. An amendment to the Official Plan under section 22 of the Planning Act. V. A zoning by-law amendment under section 34 of the Planning Act. vi. A minor variance under section 45 of the Planning Act. Page 128 of 174 vii. Approval of plans and drawings under subsection 41(4) of the Planning Act. viii. Approval of a plan of subdivision under section 51 of the Planning Act. ix. A consent under section 53 of the Planning Act. X. A demolition permit under s. 33 of the Planning Act. c) Despite subparagraph b)v., paragraph a) does not include City -initiated zoning by-law amendments made pursuant to section 34 of the Planning Act to implement land use studies and other policies, except for any site specific exemptions or other site specific provisions at the request of an Applicant. "Rental Replacement Agreement" means the agreement reached between the Applicant, the City, and the Tenant detailing the form of compensation agreed to in order to vacate a Dwelling Unit or Lodging Unit in accordance with this By-law. "Rent Waiver" means the agreement reached between the tenant and the Applicant through the Rental Replacement Agreement to allow the tenant to remain at their existing Dwelling Unit or Lodging Unit without paying rent for twelve months and to vacate the Dwelling Unit or Lodging Unit at the end of that period. "Rental Replacement Permit" means the permit issued by the Director after the approval of an application under this By-law. "Rental Unit" means a Dwelling Unit or Lodging Unit used, or intended for use, for residential rental purposes, including: a) A Dwelling Unit or Lodging Unit that has been used for residential rental purposes and is, according to the definitions contained in the Guidelines, vacant, and b) A Dwelling Unit or Lodging Unit in a Co -ownership that is or was last used for residential rental purposes but does not include a Dwelling Unit or Lodging Unit in a condominium registered under section 2 of the Condominium Act, 1998 or in a building organized as a Life Lease Project where the right to occupy the Dwelling Unit or Dwelling Room is based on a life lease interest. "Residential Rental Property" means a building or Related Buildings containing one or more Rental Units and includes all common areas and services and facilities available for the use of its residents. "Residential Tenancies Act, 2006" means the Residential Tenancies Act, 2006, S.O. 2006, c.17 as may be amended. Page 129 of 174 "Temporary Offsite Rental Replacement Unit" means a Comparable Rental Unit provided to a Tenant displaced by a Rental Replacement Permit process by the Applicant, either through a lease or sublease agreement. "Tenant" includes a Person who pays rent in return for the right to occupy a Rental Unit and includes the Tenant's heirs, assigns and personal representatives, but does not include a Person who has the right to occupy a Rental Unit by virtue of being, a) a co-owner of the Residential Rental Property in which the Rental Unit is located, or b) a shareholder of a corporation that owns the Residential Rental Property. PART II — SCOPE 2) This By-law shall apply to all Residential Rental Properties in the City containing six or more Dwelling Units or Lodging Units and all Related Planning Applications. 3) Notwithstanding section 2, this By-law does not apply to a Residential Rental Property that is: a) a condominium governed by the Condominium Act, 1998; or b) organized as a Life Lease Project; or c) described in section 5 (Exemptions from Act) of the Residential Tenancies Act, 2006 other than subsection 5(c), a member unit of a Non -Profit Housing Co- operative; or d) described in section 7 (Exemptions related to social, etc., housing) of the Residential Tenancies Act, 2006. PART III — DEMOLITION & CONVERSION PROHIBITED WITHOUT A PERMIT nPmnlitinn 4) No person shall Demolish, or cause to be demolished, the whole or any part of a Residential Rental Property unless the person has received a Rental Replacement Permit and except in accordance with the terms and conditions of the Rental Replacement By -Law and Rental Replacement Permit. r.nnvPrcinn 5) No Person shall Convert a Residential Rental Property, or cause a Residential Rental Property to be converted, to a purpose other than a Residential Rental Property unless the Person has received a Rental Replacement Permit and except in accordance with the terms and conditions of this By-law and Rental Replacement Permit. When Permit Not Required 6) Notwithstanding sections 4 and 5 of this By-law, a Rental Replacement Permit is not required if only a part of a Residential Rental Property is proposed for Demolition Page 130 of 174 or Conversion and that part does not contain any part of a Dwelling Unit or Lodging Unit. 7) Notwithstanding section 5 of this By-law, a Rental Replacement Permit is not required if a Residential Rental Property is subject to an application for a consent to sever under section 53 of the Planning Act and, if after the proposed conveyance: a) Each parcel of land resulting from the severance will have six or more Rental Units; or b) One or more parcels of land resulting from the severance will have six or more Rental Units and all the other parcels of land at the time of the application contained no Dwelling Units or Lodging Units. PART IV — APPLICATION FOR RENTAL REPLACEMENT PERMIT 8) An Applicant, who wishes to Demolish or Convert a Residential Rental Property shall submit an application for approval in writing on a form prescribed by the Director and shall supply any additional information or documentation relating to the application as required by the Director. 9) The Director is delegated the authority to develop and publish the Guidelines and to periodically review and amend the Guidelines from time to time where deemed appropriate to do so by the Director. 10)An application made under section 8 of this By-law shall include the following information: a) description of the proposed Demolition or Conversion; b) the number of existing Dwelling Units and/or Lodging Units; c) the number of existing and proposed Rental Units by unit type, including number of bedrooms and floor area; d) the rents roll(s) including utilities for the Residential Rental Property, categorized by unit type; e) a list containing the names and mailing addresses of the Tenants of the Residential Rental Property proposed for Demolition or Conversion; f) identification of any Related Planning Applications; g) where applicable, a proposal for the replacement or retention of the Rental Units proposed for Demolition or Conversion; h) a proposal for Tenant engagement by the Applicant, including consultation and education; i) any additional information or documentation required to evaluate the application, as specified by the Director; and j) the applicable fees. Notice of Application to Tenants 11)An Applicant for a Rental Replacement Permit shall provide proof of notice of the application to the Tenants of the Residential Rental Property to the satisfaction of Page 131 of 174 the Director within 14 days after the Director has advised that the application is complete or within such other time period as determined by the Director. Related Planning Application 12)lf a Person makes a Related Planning Application, then that Person shall also file an application under this By-law at the same time. 13)lf a Related Planning Application is made with respect to a Residential Rental Property for which a Rental Replacement Permit is required, the Applicant shall provide written notice to the applicable approval authority and, in the case of an appeal or referral, to the Ontario Land Tribunal or Court, as the case may be. 14)The notice required under section 13 of this By-law shall be filed at the time the application for a Rental Replacement Permit is filed with the approval authority, or at the same time the referral or appeal of a Related Planning Application is filed with the Ontario Land Tribunal or the Court, as the case may be. 15)The notice required under section 13 of this By-law shall include a statement that the Demolition or Conversion is not permitted unless a Rental Replacement Permit has been given for the Demolition or Conversion pursuant to this By-law. Withdrawal of Application 16)lf an Applicant for a Rental Replacement Permit does not provide all the required documentation to the Director within two years from the date the application is received by the City, the Applicant shall be deemed to have withdrawn their application and shall not be entitled to any refunds of any payments made in respect of such application. 17)Notwithstanding section 16 of this By-law, the Director may extend the timeframe for an application where the Director determines that the Applicant is actively taking steps to move the application forward. PART V — APPROVAL AND ISSUANCE OF RENTAL REPLACEMENT PERMIT Approval by Director under Delegated Authority 18)AII authority of Council to approve an application for a Rental Replacement Permit under section 99.1 of the Municipal Act is delegated to the Director. Delegated authority to the Director shall include the authority to impose the any of following conditions on the Rental Replacement Permit as further detailed in the Guidelines: a) Requirements to provide every Tenant with compensation as determined by the Guidelines which shall include but not be limited to a Temporary Offsite Replacement Unit, Rent Waiver, and Cash Payout; Page 132 of 174 b) Requirements to replace an equal number of Rental Units to those Demolished or Converted as part of the Related Planning Application to which the Rental Replacement Permit relates, as determined by the Guidelines; c) That the Applicant for the Rental Replacement Permit notify in writing any Tenants who reside in Rental Units affected by the approval of the relevant provisions in the Residential Tenancies Act, 2006; d) Requirements that the registered owner of the Residential Rental Property and/or the Applicant provide information, as determined by the Guidelines, from time to time sufficient to verify that the terms of a Rental Replacement Agreement are being met; e) Provisions concerning the Applicant's entitlement to claim or act under any of the following until the conditions imposed have been satisfied or secured, to the satisfaction of the Director: i. A permit under subsection 8(1) or section 10 of the Building Code Act, 1992 for construction, Demolition or Conversion of a building; ii. A consent or permit to alter part of a property or to demolish or remove a building or structure under section 34, 34.5 or 42 of the Ontario Heritage Act. iii. Approval or registration of a description for a proposed condominium under section 51 of the Planning Act, or an exemption from approval for a condominium, under section 9 of the Condominium Act, 1998; and/or, iv. A consent under section 53 of the Planning Act, except for provisional consent that is conditional on receiving a Rental Replacement Permit under this By- law. f) Such other conditions, requirements, or provisions reasonably related to minimizing the impact of the Demolition or Conversion on the City's rental housing supply as determined by the Director. 19) Where conditions are imposed under section 18 of this By-law, the registered owner of the Residential Rental Property shall, as a condition of obtaining a Rental Replacement Permit, enter into to a Rental Replacement Agreement with the City securing conditions to the approval of the Rental Replacement Permit. 20)The Rental Replacement Agreement shall be registered on title to each property to which the Rental Replacement Agreement applies and may be enforced against the owner and any subsequent owners of the Residential Rental Property. The preparation and registration of the Rental Replacement Agreement shall be to the satisfaction of the City Solicitor. The registered owner of the Residential Rental Property or Applicant may, at the discretion of the City Solicitor, be required to provide such registerable postponements of interest as may be required to ensure that the agreement is registered in such priority as may be required to ensure its proper enforcement by the City. Page 133 of 174 21)At the discretion of the Director, the City may register an Application to Annex Restrictive Covenants pursuant to section 118 of the Land Titles Act, R.S.O. 1990, c. L.5, as amended on the title to the property which is subject to the Rental Replacement Agreement to impose restrictions on the transfer or charge of such property until confirmation is received from the City that the obligations imposed by the Rental Replacement Agreement have been met and/or that the Rental Replacement Agreement is in good standing. 22)The restrictive covenants imposed in accordance with section 21 of this By-law will not be released, waived, or otherwise lifted until such time as the registered owner comes into compliance with the obligations set out in the Rental Replacement Agreement. 23)No decision shall be made regarding any application made pursuant to this By-law until the notice provisions set out in section 11 of this By-law have been complied with and have been served on the Tenants in accordance with the Guidelines. 24)Where the provisions of Part V of this By-law have been met, the Director shall approve a Rental Replacement Permit. Referral to Council by Director 25)The Director may refer an application to Council for a decision if, in the Director's opinion, the application should be considered by Council with a Related Planning Application, or if in the opinion of the Director, the application requires Council consideration. 26)lf a decision regarding an application has been referred to Council by the Director under section 25 of this By-law, the Director shall submit a report respecting the application to Council. 27)Council may refuse the application or approve the application subject to any of the conditions set out in section 18 of this By-law. Rental Replacement Permit Issuance 28)Subject to section 33 of this By-law, if Council or the Director approves a Rental Replacement Permit, the Director is authorized to issue the Rental Replacement Permit after all the conditions have been satisfied or secured by a registered Rental Replacement Agreement, to the satisfaction of the Director. Application for Revision to Conditions 29)lf the Applicant applies for revisions to the conditions on a Rental Replacement Permit, the Director may treat the request as a new application under this By-law or may otherwise require the Applicant to comply with the notice requirements of this By-law. Page 134 of 174 Revocation of Rental Replacement Permit 30)The Director may revoke a Rental Replacement Permit if: a) The Rental Replacement Permit was issued on mistaken, false or incorrect information; b) The conditions to the Rental Replacement Permit are not complied with; or c) The Applicant or registered owner of the Residential Rental Property or other holder of a Rental Replacement Permit has contravened this By-law. 31)Where a Rental Replacement Permit for Demolition has been issued under this By- law and the building permit for the new construction is revoked under the Building Code Act, 1992, the Rental Replacement Permit shall be deemed to be revoked and this By-law shall apply to any subsequent application for a Demolition of the Residential Rental Property for which the original Rental Replacement Permit was issued. 32)Section 31 of this By-law does not apply if the Residential Rental Property has been demolished under a Rental Replacement Permit before the building permit for the new construction was revoked. Council or Director Decision Final 33)Council's or the Director's decision to approve, refuse or revoke a Rental Replacement Permit, or impose or revise conditions on a Rental Replacement Permit in accordance with this By-law is final, without any further right of appeal. PART VII — ENFORCEMENT Harassment of Tenant 34)No owner of Residential Rental Property or Person acting on the owner's behalf shall interfere with a Tenant's reasonable enjoyment of a Rental Unit in the Residential Rental Property with the intent of discouraging the participation of the Tenant in the application or approval process described herein or with the intent of otherwise facilitating the obtaining of the approval of Council or the Director on an application made under this By-law. Powers of Entry and Inspection 35)Any City official may at any reasonable time enter upon any land for the purpose of carrying out an inspection to determine whether the following are being complied with: a) this By-law; b) any direction or order issued under this By-law; c) any Rental Replacement Permit condition imposed under this By-law; Page 135 of 174 d) an order issued under section 431 of the Municipal Act, 2001. 36)Subject to the requirements under section 437 of the Municipal Act, 2001 related to entry to dwellings, submission of an application for a Rental Replacement Permit is deemed to be the consent of the owner for any City official to enter at any reasonable time onto the Residential Rental Property for the purpose of carrying out an inspection. 37)Where an inspection is conducted under this By-law, any City official may: a) require the production of documents and things that may be relevant to the inspection; b) inspect and remove documents or things which may be relevant to the inspection for the purpose of making copies; c) require information from any Person concerning a matter related to the inspection, including but not limited to name(s), address(es), contact information, and proof of identity or other identification; and d) alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take photographs necessary for the purpose of the inspection. e) No Person shall hinder or obstruct, or attempt to hinder or obstruct, any City Official from exercising any power or authority, or performing a duty as permitted under this By-law. f) No Person shall decline or neglect to give, produce or deliver any access, information, document or other thing that is requested by any City Official pursuant to this By-law. g) Every Person from whom information, or any other thing, has been requested in relation to an inspection conducted under this By-law shall identify themselves to any City Official and failure to identify shall constitute hindering and/or obstructing under section 34. Offences 38)Every Person who contravenes any section of this By-law, including an Order issued pursuant to this By-law or sections 444 or 445 of the Municipal Act, 2001 is guilty of an offence and is liable to a fine, and such other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended and the Municipal Act, 2001. 39)Every director or officer of a corporation who knowingly concurs in a contravention of this By-law by the corporation is guilty of an offence. 40)Every Person who fails to comply with a term or condition of a Rental Replacement Permit under this By-law is guilty of an offence. 41)AII contraventions of this By-law or an Order issued pursuant to this By-law are designated multiple and continuing offences pursuant to subsection 429(2) of the Municipal Act, 2001. Page 136 of 174 Penalty 42)Every Person who is charged with an offence under this By-law upon conviction is liable as follows: a) the maximum fine for an offence is $100,000; b) in the case of a continuing offence, in addition to the penalty mentioned in subsection 50(1), for each day or part of a day that the offence continues, the maximum fine shall be $10,000, and the total of all daily fines for the offence is not limited to $100,000; c) in the case of a multiple offence, for each offence included in the multiple offence, the maximum fine shall be $10,000 and the total of all fines for each included offence is not limited to $100,000; and d) if a Person is convicted of an offence under this By-law, the potential for economic advantage acquired by or that accrued to the Person as a result of the commission of the offence may be considered an aggravating factor for sentencing purposes which may attract a special fine and the maximum amount of the special fine may exceed $100,000 or such other maximum amount permitted by the Municipal Act, 2001. e) If any section of this By-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by this By-law, the Court in which the conviction has been entered and any Court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the Person convicted. PART VIII — TRANSITION Effective Date 43)This By-law shall come into effect on the date of passage. Applicability 44)This By-law applies to a proposal for Demolition or Conversion of a Residential Rental Property in any Related Planning Application except where: a) an application in respect of the Demolition has been issued under section 8 of the Building Code Act, 1992 or section 33 of the Planning Act before the effective date. PART IX — GENERAL 45)Any section of this By-law, or any part thereof, that is found by a court of competent jurisdiction to be invalid shall be severable, and the remainder of the By-law shall continue to be valid. 46)ln this By-law, unless the context otherwise requires, words imparting the singular number shall include the plural, and words imparting the masculine gender shall Page 137 of 174 include the feminine and further, the converse of the foregoing also applies where the context so requires. 47)References in this By-law to any legislation (including but not limited to the Guidelines and by-laws) or any provision thereof include such legislation or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor legislation thereto. 48)This By-law may be referred to as the "Rental Replacement By-law". Page 138 of 174 J U N E 2 0 2 4 RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES Parcel KEY FINDINGS RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES CHALLENGING MARKET CONDITIONS Current macroeconomic conditions necessitate trade-offs and prioritization among multiple municipal priorities (e.g., preservation of renta supply, enabling missing middle typologies, increasing are total housing supply, etc.) BASELINE UPDATES (2023 - 2024) The findings and key takeaways from our 2023 analysis remain relevant in the context of updated inputs and assumptions as a baseline condition (i.e., 2024 costs, revenues, etc.). TYPOLOGY & TENURE Mid -rise typologies and rental tenures cannot feasibly accommodate rental replacement units. However, feasibility of these developments FSI), are to constrained by multiple among others. factors independent of rental replacement requirements. P ariv, I "LEVERS" AVAILABLE There are multiple "levers" available to the City to improve feasibility, including adopting flexibility in density calculations (e.g., exempting replacement units from FSI), adjustments to parking, among others. LIMITATIONS Among these other "levers", however, many do not directly support identified policy objectives - particularly those relating to preserving rental housing supply (e.g., reduced duration of replacement requirements, increased unit replacement thresholds, etc.). These will need to be carefully balanced with the underlying intent and desired outcomes of the bylaw. 9 Page 140 of 174 N T R 0 D C T 1 0 N RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES ACKG ROU N D P ariv, I RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES Pri*q*inal Research Orogram(s) • Parcel Economics Inc. (" Parcel") was originally retained bv the City of Kitchener in 2023 to prepare a more comprehensive Rental Replacement By-law Financial Feasibility Study (dated November 22, 2023) • This work also built upon the analytical foundation and supporting research program established as part of an earlier Enabling Missing Middle &Affordable Housing Feasibility Study (dated April 11, 2023), which serves as a " companion" document to the above. Purpol-ft"I • Since delivery of our original reporting, the City has continued to advance a draft Rental Replacement By-law. Parcel has since been asked to prepare selected updates and additions to our original analyses to further test implementation. and refine the proposed by-law for Page 142 of 174 CONTEXT RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES Research Taski& P ariv, I 1. Updated Baseline Financial Analysis - Selected updates to establish more relevant models reflecting ongoing changes in market conditions since previous reporting, among other factors. 2. Response to Supplementary Research Questions* What is the minimum density at which a develill.pment can fasiebly accommodate replacement units (@ 6 -unit minimum threshold)? How will this impact "Missing Middle" development proposals? What other "levers" are available to improve feasibility ? Do they effectively satisfy identified policy objectives? Page 143 of 174 ASSUMPTIONS & MODEL PARAMETERS RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES P ariv, I Notes About Mo d-011*ing (Caution & Limitations) • The financial feasibility results presented herein represent an updated "base case" only to show the general relationships among / between different options identified. • The results of this analysis will undoubtedly change as a function of both: (a) broader s macroeconomic conditions that are beyond the immediate control of the City; and (b) by -s ite basis, where conditions could deviate from those modelled in this tvt)e of prototypical analysis. hilts in on a site- Feasibility modelling is designed to be dynamic / "evergreen" and will continue to evolve with other parallel housing initiatives by the City (e.g., other financial, policy and process -based incentives to encourage preferred housing outcomes). Page 144 of 174 ASSUMPTIONS & MODEL PARAMETERS RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES Key Updated Inputs • Affordable Rents - Updated CMHC 100% AMR (October 2023) 0 P ariv, I Hard Construction osts -Updated �itus,,��Construction,,��Cost:3uide��2,il�ID24) +CAnnualGrowth reduced from 7.5°/a to 5.0% •Planning Fees current rates ding Permits, Development Charges + Property Taxes - Updated to other Parameters (Baseline Analysis) • Replacement units delivered on-site only (i.e., no off-site, cash -in -lieu options) 0 0 Assumed Additiona 1 0 -year period for I waivers / subsidie maintaining pre-developmen s identified for tenant relocati t rental rates on during construction Page 145 of 174 ASSUMPTIONS & MODEL PARAMETERS RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES Typology ivloc;els for Updating P ariv, I • As confirmed with City staff, we have focused our updated models for the 20 -Storey High -Rise typology in the Central neighbourhood • All concept informati including for both condo and rental tenures. on and assumptions relating to built -form parameters are consistent with previous reporting based on preli urinary concepts prepared by Smart Density and parallel market-based inputs provided by Parce is The four (4) baseline models selected Model 1.1 - • Model 1.2 - I., for updati ng are: 20 -Storey High -Rise Condo Central (No Re 20 -Storey High -Rise Condo Central (Reel Model 2.1 - 20 -Storey High -Rise Rental Cen Model 2.2 - 20 -Storey High -Rise Rental Cen lacement) acemen tral (No Re trai Kepiacemen t @ 1 lacement) t @ 1 5 Rental Units) 5 Rental Units) Page 146 of 174 TASK #1 RESULTS: UPDATED BASELINE RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES TASK #1: UPDATED BASELINE RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES .:ond(k Tenure P ariv, I • Rental replacement of up to 15 units remains viable for a condo development in the Central Neighbourhood, though it does reduce developer profit and other return metrics Model 1.1 : No Replacement Land Costs $6.7M Model 1.21.o With Replacement Land Costs $6.7M Revenues Costs Revenues Co sts Profit IRR EMx Prod $27.5M 26.2% 2.00x $22.5M IRR 19.3% EMx 1.81x In Page 148 of 174 TASK #1: UPDATED BASELINE RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES Rental T�nu..j P ariv, I • Return metrics are insufficient to encourage development for rental tenures (with and without rental replacement policies) Model 2.1 : No Replacement Land Costs $6.7M Model 2,,2*. With Replacement Land Costs $6.7M Revenues Co sts Revenues Co sts Profit IRR EMx Prod. IRR EMx $45.7 M 4.8% 1.78x $39.2M 4.3% 1.67x 11 Page 149 of 174 TASK #1: UPDATED BASELINE RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES P ariv, I • Overall, the results of our original 2023 analysis remain accurate and relevant in the context of current market conditions and prevailing rate / fee structures in Kitchener. • Specifically, we can confirm that a rental replacement by-law is likely to deter all types and tenures of intensification of existing rental buildings across the city (especially while alternative, non -rental apartment redevelopment sites remain available and viable, as highlighted in our previous reporting). No Replacement (Baseline) Ownership Renta With Replacement 0 Infeasible Unlikely 0 Possible 1) Page 150 of 174 TASK #2 RESULTS: SENSITIVITY ANALYSES RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES TASK #2.0 SENSITIVITY ANALYSES RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES P ariv, I bl-.,ns***to Reducing Dens* ty from 20 -Storeys ... How Low is Still Feasible? • A minimum density of 145 units is required to accommodate rental replacement units while achieving a target IRR of 15%. • At approximately 11 units per floor (consistent with the original building typologies established for testing as part of our origina 2023 and updated 2024 baseline analyses, this translates to a 14 -storey building. Land Costs $6.7M Revenues Costs Profit IRR $13.2 M 15.4% Page 152 of 174 TASK #2.0 SENSITIVITY ANALYSES RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES P ariv, I • At 14 storeys, we note that this amount of height and density would exceed categories relating to "Missing Middle" -and specifically "Mid -Rise" -developments in the Kitchener context altogether (regardless of the exact definition used*). That said, per previous reporting by Parcel, many of the developments in this typology range are already infeasible as a function of broader market conditions and macroeconomic factors. The introduction of a rental replacement bylaw is not expected to -in and of itself -render Missing Middle projects infeasible. *As -of -right @ 6 -storeys / latest municipal policy direction @.8 -storeys / Parcel recommendation via 2023 Enabling Missing Middle & Affordable Housing work @ - 12 -store. • More specifically, it is likelythatadditional incentives and/or supports will be required to encourage the development of Missina Middle projects in other development contexts across the Citv (i.e., sites without existina rental units). As identified through previous work undertaken by Parcel on behalf of the City, this could include a mix of Financial, Process and Policy -based incentives, as applicable. Financial Process Policy Page 153 of 174 TASK #2.0 SENSITIVITY ANALYSES RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES .nsitivity: Parking Adjustments Pare I • A development could feasibly replace 6 units in a 12 -storey building if 50% of parking is provided as surface parking. However, site dimensions and density may constrain the ability of a site to accommodate surface parking. 12 -Storey Building w/ 50% Surface Parking Revenues Profit $12.4M IRR 15.4% Land Costs $6.7M Co sts EMx 1.80x Page 154 of 174 TASK #2.0 SENSITIVITY ANALYSES RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES �l.nsitivity: Exempting Replacement Units from Density Calculations Pare I • Exempting replacement units from density calculations improves return metrics, but still not as strong as without rental replacement. Model 1 .1: 210 U nits (2 10 Net New) Land Costs $6.7M Model 1.2: 210 Units (195 Net New + 15 Replacement) Revenues Costs Revenues Profit IRR EMx Profit IRR $27.5M 26.2% 2.00x $22.5M 19.3% Land Costs $6.7M 225 Units (2 10 Net New + 15 Replacement) Co sts Revenues EMx Profit IRR 1.81 x $25.8M 21.2% Land Costs $6.7M Co sts EMx 1.87x a Page 155 of 174 TASK #2.0 SENSITIVITY ANALYSES RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES bl-.,nsiiit: 5 -Year Affordability Per 0 od P ariv, I • Shortening the affordability period from 10 years to 5 years improves project viability, though not meaningfully enough to encourage redevelopment that otherwise would not occur. Model 1.2: With Rental Replacement (10-Year A ffo rda b 1*1 ity) Land Costs $6.7M With Rental Replacement (5-Year A ffo rda b 1*1 ity) Revenues Costs Revenues Profit IRR EMx Prod. $22.5M 19.3% 1.81x $21.1 M IRR 19.7% Land Costs $6.7M Co sts EMx 1.76x in Page 156 of 174 TASK #2.0 SENSITIVITY ANALYSES RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES .nsitivity summary (rinancial Feasibility "Lens") Profit IRR EMx Model 1.1 No Replacement $27.5M 26.2% 2.00x Model 1.2 With Replacement $22.5M 19.3% 1.81 x Condo Minimum Density $13.2 M 15.4% 1.66x Minimum Density w/ Surface Parki na $12.4M 15.4% 1.80x Additional Density improves Return Metrics 25.8M ?- 1.2% 1.87x P ariv, I 5 -Year Affordability 21.1 9.7° 1.76) Marginal Impact on Return Metrics Page 157 of 174 FEASIBILITY SUMMARY RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES FEASIBILITY SUMMARY RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES Key Observations (Financial Feasibility " Lens") P ariv, I • Projects of all types and sizes are currently challenged from a financial feasibility perspective. This is a function of factors that are both within and beyond the immediate control of the City of Kitchener. • New purpose-built rental projects in particular are strained to achieve feasibility as a baseline condition, both in the local Kitchener context, but also most other jurisdictions across Canada (i.e., short of selected high-value neighbourhoods where new units command a sufficient premium to offset significant upfront capital requirements). • A rental replacement bylaw in Kitchener risks further exacerbating this underlying condition, but is not necessarily the sole factor contributing to poor feasibility. Note: Financial feasibility represents just one "lens" through which policy -related decisions need to be made, albeit an important one to ensure realistic implementation. In addition, a range of other economic and social factors need to be addressed -including the adequate provision of housing for a full range of income levels and household types to ensure local economies are supported longer-term (e.g., support labour force, etc.). Page 159 of 174 FEASIBILITY SUMMARY RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES "Levers" to Improve Feasibility (Rental Replacement-Specific) Pare I • Limit / waive requirements to replace existing rental units (either in whole oras part of specific development conditions) • Increase the threshold for which rental replacement applies to enable smaller scale developments (e.g., remove as a barrier for sites with 6-12 existing rental units only) • Exempt replacement units from density calculations • Shorten the duration for which replacement units are required to maintain pre -development rental rates (e.g., from 1 0 -years to 5- years) • Reduce parking requirements and/or consider alternative delivery methods (e.g., surface and/or interim parking solutions, etc.) Note: Although many /all of these factors could improve conditions for financial feasibility, they may be ineffective in terms of achieving other identified housing -related policy objectives. They all come with trade-offs that need to be weighed by the City. Page 160 of 174 FEASIBILITY SUMMARY RENTAL REPLACEMENT: FINANCIAL FEASIBILITY UPDATES "Levers" to Improve Feasibility (General) Density Pare I • Greater density permissions generally makes it more feasible to absorb a smaller proportion of rental replacement units, in theory. However, larger redevelopment projects will likely only be viable on sites that currently house larger rental buildings / via lot assembly involving multiple rental properties. As such, density alone, though necessary, does not guarantee increased financial viability. • Expanding the definition of Mid -Rise developments to at least 1 2 -storeys+ efficiencies in the entitlements / approvals phase. Government Fees as a Component of Total Development Costs as -of -right could also aid feasibility via time • Municipal and regional fees are a relatively small component of project costs, constituting between 6% and 7% of tota development costs. Approximately 85% to 90% of these fees are development charges. • Given DCs are already waived on replacement units (and discounted in the case of rental units), there may be limited ability for the municipality to further reduce fees to meaningfully improve financial viability of rental replacement. Page 161 of 174 CONTACT US 1 I I Parcel perr %0w1W% %JIlVIIIIcSocom i nfo@parceIeconom ics.com 416-869-8264 250 University Avenue, #221 , Toronto, Ontario, M5H 3E5 r 1 p If Page 162 of 174 J U N E 2 0 2 4 Parcel I_1A1a1►19]►X121►1a►16M.E.aCQII.Ito] a9Is] /_\w»_1►1 OF THE CITY OF KITCHENER CITY OF KITCHENER City-wide Rental Replacement Policies Page 164 of 174 I_1►VAIN1►19] LVA 121►1a►16M.E.aCQII.Ito] a9Is] F_1w»_1►1 OF THE CITY OF KITCHENER CITY OF KITCHENER Rental Replacement Policies 11MRIM MA SECTION 1 TITLE AND COMPONENTS 021 SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT u,1-1-3!! 1ai■vaNLN APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives Committee of June 17, 2024 APPENDIX 2 Minutes of the Meeting of the Planning & Strategic Initiatives Committee of June 17, 2024 APPENDIX 3 Minutes of the Meeting of City Council 2 Page 165 of 174 /_1J1121►1971V121►Ir►[61W3:Vr0111.12te7aaus] /_10Z!W_1►to] aI.I21111113611WK6]all ICs7:121►121V 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 In December 2023 Council directed that a rental replacement by-law be prepared in accordance with the requirements of the Municipal Act. The purpose of the Official Plan Amendment is to update demolition control policies to provide clarity that demolition control will be use as a tool that will work alongside a rental replacement by-law. SECTION 3 — BASIS OF THE AMENDMENT The effect of the amendment is to incorporate certain modifications to the text of the Official Plan to clarify that Kitchener's Demolition Control By-law may be used as a tool to protect existing rental housing stock in accordance with the Municipal Act. This Official Plan amendment is consistent with and conforms to the Provincial Policy Statement (2020), A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), the Region of Waterloo Official Plan (2009), and represents good planning. Modifications City staff are recommending amendments to the demolition control section of the Official Plan to enable a demolition control by-law to be used as a tool to protect existing rental housing stock. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: a) Part E, Section 17, policy 17.E.25.2 is amended by adding the following after c): "d) protecting existing rental housing stock in accordance with the Municipal Act." b) Part E, Section 17, policy 17.E.25.3 is hereby amended by adding the following after e): "f) where a rental replacement permit is required under the Municipal Act." c) Part E, Section 17, existing policy 17.E.25.3 f) is renumbered to policy 17.E.25.3 g). Page 166 of 174 APPENDIX 1 - NOTICE OF PUBLIC MEETING NOTICE OF PUBLIC MEETING for City-wide Official Plan Amendments to enable a rental replacement by-law. k. City -Wide Renta'I Replacement Policies Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: June 17.2024 Location: Council Chambers, Kitchener City Hall 200 King Street West or Virtual Zoom Meeting Go to kitchener.ca/meetings and select: Current agendas and reports (posted 10 days before meeting) Appear as a delegation Watch a meeting To learn more about this project, including information on your appeal rights. visit': www.kitchener.ca/PlanningApplications or contact: Natalie Goss, Manager of Policy & Research natalie.goss a@kitchener.ca 519.741.2200 x7648 City Planning staff are proposing amendments to the Official Plan to update demolition control policies to enable the administration of a rental replacement by-law. These changes align with action itemsfrom blousing far All. Kitchener's housing strategy and seek to mitigate impacts from redevelopment of rental apartments on current tenants, 4 Page 167 of 174 APPENDIX 2 - MINUTES OF THE MEETING OF PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JUNE 17, 2024 Page 168 of 174 APPENDIX 3 - MINUTES OF THE MEETING OF CITY COUNCIL - DATE Page 169 of 174 PROPOSED BY-LAW '2024 BY-LAW NUMBER xx OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Chapter 620 of The City of Kitchener Municipal Code with respect to Demolition Control). WHEREAS it is deemed expedient to amend Chapter 620 of the City of Kitchener Municipal Code as adopted by By-law 2013-093, as amended by By-law 2023-105; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: The recitals section is amended by adding, after "AND WHEREAS under subsections 33(3) and 33(6) of the Planning Act, R.S.O. 1990, c. P.13, the Council of the Corporation of the City of Kitchener is the decision maker in respect of consenting to the demolition of a residential property in an area of demolition control' and before "AND WHEREAS under section 9 and 10 of the Municipal Act, 2001, S.O. 2001, c. 25, in accordance with section 23.1 of the Municipal Act, 2001, the powers of a municipality under that or any other Act may be delegated to a person or a body subject to the restrictions set in sections 23.2 to 23.5, inclusive of the Municipal Act, 2001" the following: "AND WHEREAS under section 99.1 of the Municipal Act, 2001, S. O. 2001, c. 25, as amended, a municipality may prohibit and regulate the demolition of residential rental properties and may prohibit and regulate the conversion of residential rental properties to a purpose other than the purpose of a residential rental property, and, in accordance with section 99.1(3), a municipality cannot prohibit or regulate the demolition or conversion of a residential rental property that contains less than six dwelling units"; 2. Section 620.1.6 is amended by deleting the definition of "dwelling unit" and replacing it in its entirety with the following: ""dwelling unit" means the use of a building that contains a room or suite of habitable rooms which: a) is located in a dwelling or mixed use building; b) is occupied or designed to be occupied by a household as a single, independent and separate housekeeping establishment; c) contains both a kitchen and bathroom used or designed to be used for the exclusive common use of the occupants thereof; Page 170 of 174 and, d) has a private entrance leading directly to the outside of the building or to a common hallway or stairway inside the building" 3. Section 620.1.7 is amended by deleting it in its entirety and replacing it with the following: "620.1.7 Director of Development and Housing Approvals — defined "Director of Development and Housing Approvals" means the Director of Development and Housing Approvals for the City, their designate, or successor thereto. 4. New sections 620.1.8 and 620.1.9 are added after section 620.1.7 as follows: "620.1.8 Lodging House — defined "Lodging House" means a dwelling unit where five or more persons, not including a resident owner of the property, may rent a lodging unit and where the kitchen and other areas of the dwelling unit are shared amongst the persons occupying the dwelling unit. Lodging house can include student residences but shall not include a group home; hospital; and small residential care facility or large residential care facility licensed, approved or supervised under any general or specific Act; or a hotel as defined in Zoning By-law 2019-051. 620.1.9 Lodging Unit —defined "Lodging Unit" means a room or set of rooms located in a lodging house or other dwelling designed or intended to be used for sleeping and living accommodation which: a) is designed for the exclusive use of the resident or residents of the unit; b) is not normally accessible to persons other than the residents or residents of the unit; and, c) does not have both a bathroom and a kitchen for the exclusive use of the resident or residents of the unit." 5. Existing section 620.1.8 is amended by deleting it in its entirety and replacing it and renumbering it as follows: "620.1.10 Manager of Development Approvals of the Development and Housing Approvals Division — defined Page 171 of 174 "Manager of Development Approvals" means the Manager of Development Approvals of the Development and Housing Approvals Division for the City, their designate, or any successors thereto. In the absence or unavailability of said Manager of Development Approvals, this term shall also mean the City's Director of Development and Housing Approvals." 6. New section 620. 1.11 is added after section 620. 1.10 as follows: "620.1.11 Ontario Heritage Act — defined "Ontario Heritage Act" means the Ontario Heritage Act, R.S.O. 1990, c. 0.18." 7. New section 6.20.1.12 is added after new section 620.1.11 as follows: "620.1.12 Municipal Act — defined "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25." 8. Existing section 620.1.11 is renumbered as section 620.1.13. 9. Section 620.2.2.b) is amended by deleting it in its entirety and replacing it with the following: "(b) Prohibit or delay demolition where a building permit for redevelopment is ready to be issued, where a rental replacement permit has been issued if required. The approval authority must issue approval where a building permit is ready to be issued and may impose the standard approval conditions." 10. Section 620.2.3 is amended by deleting it in its entirety and replacing it with the following: "Area — limited — as set out The City's demolition control area shall be limited to: (a) lands zoned R-1 through R-6 as defined in the City of Kitchener Zoning By-law 85-1, and (b) lands zoned RES -1 through RES -5 as defined in the City of Kitchener Zoning By-law 2019-051 (c) any property, or assembly of properties in the City of Kitchener, that contain six or more dwelling units on lands within any zone in the City's Zoning By-law 85-1 or Zoning Page 172 of 174 By-law 2019-051." 11. Section 620.2.5b) is amended by deleting it in its entirety and replacing it with the following: "(b) the residential property is not a permitted use under the current zoning of the property except where a by-law passed pursuant to section 99.1 of the Municipal Act applies to said property." PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2024. Mayor Clerk Page 173 of 174 NOTICE OF PUBLIC MEETING for City-wide Official Plan Amendments to enable a rental replacement by-law. 0 City -Wide Rental Replacement Policies 1 Ki -t- i> R Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: June 17,2024 Location: Council Chambers, Kitchener City Hall 200 King Street west or Virtual Zoom Meeting Go to kitchener.ca/meetings and select: Current agendas and reports (posted 10 days before meeting) Appear as a delegation Watch a meeting To learn more aboutthis project, including information on your appeal rights, visit: www.Witchener.ca/PlanningApplicafions or contact: Natalie Goss, Manager of Policy & Research natalie.goss@kitchener.ca 519.741.2200 x764$ City Planning staff are proposing amendments to the Official Plan to update demolition control policies to enable the administration of a rental rffiI er�t la Tl�e ifhanges align with action items from HousingforAll, Kitchener`s hoUsi at n eek o mitigate impacts from redevelopment of rental apartments on currenttenants.