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HomeMy WebLinkAboutDSD-2024-329 - Official Plan Amendment Application OPA24/006/W/TS - Zoning By-law Amendment Application ZBA24/011/W/TS - 1032, 1082 and 1094 Wilson AvenueStaff Report r JR Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 18, 2024 REPORT NO.: DSD -2024-329 SUBJECT: Official Plan Amendment Application OPA24/006/W/TS Zoning By-law Amendment Application ZBA24/011/W/TS 1032, 1082 and 1094 Wilson Avenue RECOMMENDATION: That Official Plan Amendment Application OPA24/006/W/TS for Colt Canada Corporation requesting the change of use from Low Rise Residential to General Industrial Employment for the lands specified and illustrated as the "Area of Amendment" on Schedules `A' and `B', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-329 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA24/006/W/TS for Colt Canada Corporation be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2024-329 as Appendix `B'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment Applications for the subject lands located at 1036, 1082 and 1094 Wilson Avenue. It is Planning staff's recommendation that the Official Plan and Zoning By-law Amendment Applications be approved. The proposed Amendments support the expansion of an existing industrial property by permitting a parking lot expansion within a predominantly employment area while maintaining the existing natural heritage conservation areas. Community engagement included: o Circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice sign on the property; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 213 of 295 o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on July 10, 2024; o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meeting; o notice of the public meeting was published in The Record on July 26, 2024. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the subject lands, addressed as 1036, 1082 and 1094 Wilson Avenue, is proposing to change the Urban Structure within the Official Plan from `Community Areas' to `Industrial Employment Areas', and the Official Plan land use designation from `Low Rise Residential' to `General Industrial Employment' , and to change the zoning from `Low Rise Residential One Zone (RES -1)' with Holding Provision `22H' in Zoning By-law 2019- 051 to `General Industrial Employment (EMP -2)' with Site Specific Provision (405) in Zoning By-law 2019-051 and to permit a minimum parking rate of 1 parking space per 105 square metres for manufacturing use, and a minimum parking rate of 1 parking space per 50 square metres for office use. Staff is recommending that the applications be approved. BACKGROUND: Colt Canada has made applications to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to permit the expansion of their existing manufacturing facility, and to permit a new parking facility on the subject properties in a predominantly employment area. No expansion is proposed into the existing natural heritage conservation area. The proposed Official Plan Amendment would change the identification of an industrial land use within the City's Urban Structure to an `Industrial Employment Areas', and change the land use designation to `General Industrial Employment'. The proposed Zoning By-law Amendment would zone the lands `General Industrial Employment Zone (EMP -2)' and add a new Site Specific Provision (405) to permit an reduced parking rate on site for the manufacturing and office use. SITE CONTEXT: The subject properties are located on the east side of Wilson Avenue, in close proximity to the intersection of Wilson Avenue and Wabanaki Drive, and to the Grand River. The property at 1036 Wilson Avenue currently contains an office and manufacturing facility for Colt Canada. The properties at 1082 and 1094 Wilson Avenue each contain a single detached dwelling, with both dwelling units currently vacant. The site is surrounded primarily by employment uses, natural heritage areas, and some low rise residential properties to the east. Page 214 of 295 Figure 1 - Location Map: 1036, 1082 and 1094 Wilson Avenue REPORT: The applicant is proposing to develop the subject lands by expanding the existing office and manufacturing facility at 1036 Wilson Avenue and relocating the parking lot area to the properties addressed 1082 and 1094 Wilson Avenue. The proposed development includes relocating approximately 110 parking spaces and establishing a three-storey stairwell and enclosed pedestrian bridge connecting the parking area to the existing facility. To facilitate the development of 1036, 1082 and 1094 Wilson Avenue with the proposed building addition and parking lot expansion, and Official Plan Amendment and Zoning By- law Amendment are required to change the land use designation and zoning of the lands addressed 1082 and 1094 Wilson Avenue, to align with the existing Official Plan Designation and Zone Category of 1036 Wilson Avenue. The existing lands at 1082 and 1094 Wilson Avenue are currently identified within the Urban Structure on Map 2 as `Community Areas' and `Green Areas and designated `Low Rise Residential' and `Natural Heritage Conservation' on Map 3 — Land Use in the City of Kitchener's Official Plan (2014). The applicant is proposing to change the Urban Structure identification of the `Community Areas' to `Industrial Employment Areas' and the land use designation of the `Low Rise Residential' areas to `General Industrial Employment'. The existing `Green Areas' Urban Structure identification and the `Natural Heritage Conservation' land use designation are not being altered and will remain. The proposed new parking area has been designed to fit into lands that are not treed and have largely been previously cleared of trees by the previous homeowners. Page 215 of 295 The lands are currently zoned `Low Rise Residential One Zone (RES -1)' and `Natural Conservation Zone (NHC-1)' with Holding Provision (22H). The portion of the lands currently zoned `RES -1' are proposed to be zoned `General Industrial Employment Zone (EMP -2)' with Site Specific Provision (405) to permit a minimum parking rate of 1 parking space per 105 square metres for manufacturing use, and a minimum parking rate of 1 parking space per 50 square metres for office use. The Site Specific Provision will also be added to all three consolidated properties (subject lands). • a0N - \ _ max• G�xFEfr.G 5FR r �{17SP -F 1 kl" Area sumldv - - 1 �h MCMfxtv1N: 3092 SWI.. 13,2x3 &rnA f oRlce: rkoWC ]-rt. f1,3d}srllj ! C"VeA'MMiW1Mhf0W3' 2.9flssq 1. 12e`.vsmJ Told: 31, 387 aq It. (4712&mj ter^ l McrY,t:rlhrkg: zR l70 y;tT. lS9W1i7n.q � . o to 0otcq 32.Qos .ft. 13,5194".1 963nge:93iL sgft (W smA "Veen Ma9ro0rrS:$MSq.ft.14673.MI Taro, 171,M@g1,(MAUsm) \ .sera• � - y RCYNry ivMllOr/: 4 1 F ri73MW.'49+24aner hCC J Reaurcd Igo XKaxs lar 175 -las fi lar 2dslh H AFI FIMQ 7 I l+y tsV R ayl 13 � R]rY 127 fT,7Tc11 Figure 2 — Proposed Development Concept Site Plan Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: Page 216 of 295 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; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.3.1 of the PPS states that Planning authorities shall promote economic development and competitiveness by: providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long term needs; providing opportunities for a diversified economic base, including a rand of and choice for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; facilitating the conditions for economic investment by identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market -ready sites, and seeking to address potential barriers to investment. Further, Section 1.3.2.1 of the PPS states that planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs. Sections 2.1.1 and 2.1. states that natural features and areas shall be protected for the long term, and that development and site alteration shall not be permitted on adjacent lands to the natural heritage features, unless the ecological function on the adjacent lands have been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Page 217 of 295 Planning staff is of the opinion that the proposed applications will facilitate the development of an expansion of an employment use that is compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Further, staff are satisfied that the supporting documents of a scoped Environmental Impact Study, and Slope Stability Study demonstrate that there will be no negative impacts on the surrounding natural features. The parking area is being developed outside of the environmental features. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote ensuring an adequate supply of land within employment areas, both for traditional industries and for service sector and knowledge-based businesses that warrant such locations, and sites for a broad range of other employment uses. Further, policies of the growth plan support new development or site alteration that demonstrates there are no negative impacts on key natural heritage features or their functions, and avoidance of removal of other natural features and incorporation of the features wherever possible. The proposed development is intended to occupy existing land, cleared of a majority of trees that have already been altered, with no development within the natural features of the property. The change in use will permit additional employment lands for an established employment use. Based on the foregoing, staff is of the option that this proposal is in conformity with the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Areas. The subject lands are designated `Urban Area' and `Delineated Built Up Area' in the ROP. Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. The Delineated Built Up Area is intended to support the 15 -minute neighborhood and includes an appropriate mix of jobs, local stores and services as well as a full range of housing and transportation options. Further, an overall goal of the ROP is to collaborate with Area Municipalities, and other stakeholders to foster a diverse, innovative and globally competitive Regional economy. A specific objective is to provide a broad range of accessible employment opportunities throughout Waterloo Region, and maintain a competitive advantage in attracting and retaining people, jobs and investment. Page 218 of 295 The subject lands contain a Regional Core Environmental Feature on the entirety of the subject lands. The applicant has submitted an Environmental Impact Study to establish the limits of development on site and the impact to the Core Environmental Feature. The Region has no objection to the Environmental Impact Study submitted and agrees with the conclusions and recommendations contained in the study. Regional staff have indicated that they have no objections to the proposed applications (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Complete Community A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute aspects of a complete community on the subject lands with an expansion of an employment use of an existing manufacturing facility. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. The subject lands are identified as `Community Areas' and `Green Areas' within the Urban Structure (Map 2). The planned function of `Community Areas' is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Within areas identified as `Community Areas' on Map 2 the applicable land use designation may include Low Rise Residential (the current land use designation), Medium Rise Residential (the proposed land use designation), along with other land use designations. The planned function of `Green Areas' is to protect and conserve the ecological functions and features and passive and active recreation that these areas provide. The applicant is proposing to change the `Community Areas' identification of the subject lands to `Industrial Employment Area', with no changes to the `Green Areas'. Page 219 of 295 The planned function of 'Industrial Employment Areas' is to support and maintain economic activity in the City by providing and adequate supply of land for a range of industrial -related employment uses and appropriate accessory and ancillary uses. Employment growth and intensification is anticipated and encouraged within Industrial Employment Areas. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that help meets the planned function of the Industrial Employment Areas designation and also contributes to the vision for a more sustainable city. This also ensures the continued and long term viability of the adjacent Industrial Employment Areas. Residential uses in this area of the City are limited and the transition to 'Industrial Employment Area' would be compatible with the character, form and planned function of the surrounding context as the adjacent property contains the same 'Employment Areas' Urban Structure identification. Land Use The subject lands are designated 'Low Rise Residential' and 'Natural Heritage Conservation" (Map 3) in the City of Kitchener Official Plan. The 'Low Rise Residential' designation permits a full range of low-density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi detached dwellings and other forms of low-rise housing. The intent of the 'Natural Heritage Conservation' designation is to protect and/or conserve our natural heritage features and their ecological functions. The designation may include, locally significant wetlands, environmentally sensitive policy areas, and significant woodlands. The applicant is proposing to change the 'Low Rise Residential' designation to 'General Industrial Employment' with the 'Natural Heritage Conservation' designation to remain intact. The 'General Industrial Employment' designation provides for a broad range of industrial uses, some of which by virtue of the operation or site utilization may need to locate within an industrial area or required appropriate buffering to mitigate potential impacts on residential areas. The proposed 'General Industrial Employment' land use designation will permit the relocation of a parking facility, of approximately 110 spaces, to the rear of the property, and allow an existing manufacturing facility to expand their operations. An objective of lands designated 'General Industrial Employment' is to provide appropriate locations and opportunities for a broad range of industrial uses to support a complete and healthy community. Lands which are designated 'General Industrial Employment' may include: construction uses, manufacturing uses, repair operations, warehousing etc. The proposed applications do not propose to alter any of the boundary of the existing natural feature; the existing designations associated with the natural feature(s) will remain as is. The existing residential uses on the subject lands are isolated and currently designated 'Low Rise Residential' to reflect the existing use rather than to accommodate future residential growth. The paramount land use on these properties is 'Natural Heritage Conservation' which is proposed to be retained. Further the proposed parking facility is Page 220 of 295 only within the existing footprint of the existing houses, and within the area currently cleared out of the majority of trees. Economy Section 5 of the Official Plan states a strong, robust economy is integral to a complete and healthy community. Objectives consist of supporting a diverse range of employment opportunities which are distributed through out the City, and planning for an adequate supply of lands that is sufficient to accommodate the forecasted employment to the year 2031 in accordance with the policies in Section 15.D.6. It is the opinion of staff that the expansion of the existing manufacturing facility will meet these objectives which will maintain an employment use within the community. Urban Design The City's urban design policies are outlined in Section 11 of the City's Official Plan. As part of the site plan approval process, staff will review, the proposed development to ensure the design meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; and Building Design. The proposed site plan will be subject these policies A full site plan was not required at the time of the submission of the Official Plan Amendment and Zoning By-law Amendment Applications but will be required to be submitted at a later date should the land use applications be approved. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. An objective of the Transportation polices in the Official plan is to develop, support and maintain a complete, convenient, accessible and integrated transportation system that incorporates active transportation, public transit and accommodates vehicular traffic. Additionally, secured and visitor bicycle parking will be required as part of the Zoning By- law. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Page 221 of 295 Sustainable development initiatives will be further explored at the Site Plan Application stage, however the proposal to add additions to the current building and relocate parking will better utilize the existing building and will result in a more compact design. Proposed Official Plan Amendment Conclusions The Official Plan Amendment Application requests that the urban structure of the lands identified on Map 2 as `Community Areas' be changed to `Industrial Employment Areas', and the land use of the lands designated on Map as `Low Rise Residential' be changed to `General Industrial Employment. Based on the planning analysis, Planning staff is of the opinion that the proposed Official Plan Amendment Application represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix `A'. Proposed Zoning By-law Amendment (2019-051): The subject lands are zoned `Low Rise Residential One Zone (RES -1)' and `Natural Conservation Zone (NHC-1)' with Holding Provision (22H). The existing `RES -1' zoning permits low rise residential uses, such as single detached dwellings, additional dwelling units, and home occupations. The `NHC-1' zoning permits existing agriculture uses and natural heritage conservation. Holding Provision 22H prohibits new building or structures on the land until such time as adequate City services are available and an Environmental Impact Study by approved by the City's Director of Development and Housing Approvals. The applicant has requested a Zoning By-law Amendment to change the zoning of the residentially zoned portion of the lands to `General Industrial Employment (EMP -2)' with Site -Specific Provision (405), and to also lift the Holding Provision (22H). No changes are proposed to the existing `Natural Heritage Conservation (NHC-1)' zoning of the lands. The Site Specific Provision is also proposed to permit a reduced minimum parking rate 1 parking space per 105 m2 of gross floor area for a Manufacturing use, and a parking rate of 1 parking space per 50 m2 for Office use, to reduce the overall required number of parking spaces. Staff offer the following comments with respect to proposed Site Specific Provision (405): a) A minimum parking rate of 1 parking space per 105 square metres for Manufacturing use; and b) A minimum parking rate of 1 parking space per 50 square metres for office use. The purpose of this regulation is to provide for a reduced parking requirement which is appropriate for the development. The applicant has indicated the number of employees that will be on site per day and the provided calculations meet the requirements of the facility. Holding Provision 22H prohibits new buildings or structures on the lands until such time as adequate services are available, and an Environmental Impact Study be approved. No new servicing is required for the parking lot area and no further development is proposed outside of the existing footprint of the barn structure for the future stairwell entrance. Staff Page 222 of 295 have also reviewed and approved an Environmental Impact Study through this application. Both conditions are met through the application and staff have no concerns with the lifting of Holding Provision 22H. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment Application to change the zoning of the lands zoned `Low Rise Residential One Zone (RES -1)' to `General Industrial Employment' (EMP -2) with Site -Specific Provision (405) in Zoning By-law 2019- 051 represents good planning as it will facilitate the redevelopment of the lands with an expanded employment use that is compatible with the existing area. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Appendix `B'. Department and Agency Comments: Circulation of the Official Plan and Zoning By-law Amendment applications was undertaken in May 2024 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Appendix `D' of this report. The following Reports and Studies were considered as part of this proposed Official Plan and Zoning By-law Amendment Applications: • Planning Justification Report Prepared by: GSP Group, April 2024 Scoped Environmental Impact Study, Prepared by: Aboud & Associates Inc., March 22, 2024 Geotechnical Investigation Prepared by: CMT Engineering Inc, February 1, 2024 Page 223 of 295 Community Input & Staff Responses WHAT WE HEARD 0 15 addresses (occupants and property owners within 240 metres) were circulated and notified 0 5 people/households provided comment A City -led Neighbourhood Meeting was held on July 10, 2024 and 9 users logged on Staff received written responses from 5 residents with respect to the proposed development. The comments received are included in Appendix `E'. A Neighbourhood Meeting was held on July 10, 2024. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Loss of 2 Residential Units The land use designation was put in place to acknowledge the `existing' residential uses on the site. The residential units have been vacant for some time. Staff have to balance different conflicting priorities. This proposal is to ensure the continued and long term viability of the adjacent General Industrial lands, which staff believe will generate additional jobs. Transportation staff have reviewed the application and are not concerned with the capacity of the additional vehicles on Wilson Avenue. There is no requirement for a road widening at this time, Traffic along Wilson Ave however Transportation staff are reviewing further to see if a multi -use trail would be a requirement as Wilson Avenue is a major active transportation route with no dedicated pedestrian or cycling facilities at this location. All development is outside of the Natural Heritage Impact on Environmental Area. The applicant has submitted an Environmental Features Impact Study, and Slope Stability Study that has been reviewed by City, Regional and GRCA staff, Page 224 of 295 STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. The requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe, introduced by Bill 109, More Homes for Everyone Act, 2022, has been rescinded. Decisions on combined Official Plan Amendment Applications and Zoning By-law Amendment applications are still required within 120 days to avoid potential appeals to the Ontario Land Tribunal for indecision. 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 applications were 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 July 26, 2024 (a copy of the Notice may be found in Attachment `C' CONSULT — The Official Plan Amendment and Zoning By-law Amendment Applications were circulated to residents and property owners within 240 metres of the subject lands on May 24, 2024. In response to this circulation, staff received written responses from 5 Page 225 of 295 with no major concerns. The applications are amending land use permissions for the portion of 1082 and 1094 Wilson Avenue which have already been cleared of trees and natural heritage features. The protections in place as part the land use designation and zoning for the natural heritage features is not changing with this application. The property is subject to the City of Kitchener Noise and Lighting By-laws and will be required to adhere to the By-laws. A detailed lighting plan will be Noise and Lighting Concerns required through the site plan application process and will be reviewed to ensure there is limited light trespass off-site. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. The requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe, introduced by Bill 109, More Homes for Everyone Act, 2022, has been rescinded. Decisions on combined Official Plan Amendment Applications and Zoning By-law Amendment applications are still required within 120 days to avoid potential appeals to the Ontario Land Tribunal for indecision. 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 applications were 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 July 26, 2024 (a copy of the Notice may be found in Attachment `C' CONSULT — The Official Plan Amendment and Zoning By-law Amendment Applications were circulated to residents and property owners within 240 metres of the subject lands on May 24, 2024. In response to this circulation, staff received written responses from 5 Page 225 of 295 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, Development and Housing Approvals Division APPROVED BY: Garett Stevenson, Director of Development and Housing Approvals ATTACHMENTS: Attachment A —Proposed Official Plan Amendment Attachment B — Proposed By-law and Map 1 Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Public Comments Page 226 of 295 Attachment "A" Proposed Official Plan Amendment AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1082 and 1094 Wilson Avenue Page 227 of 295 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1082 and 1094 Wilson Avenue INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of August 12, 2024 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee—August 12, 2024 APPENDIX 3 Minutes of the Meeting of City Council — August 26, 2024 Page 228 of 295 Attachment "A" Proposed Official Plan Amendment AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER## SECTION 1 —TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. ## to the Official Plan of the City of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to: • Amend Map 2 — Urban Structure by identifying the lands as `Industrial Employment Areas' in the City's Urban Structure, instead of `Community Areas'. • Amend Map 3 — Land Use by redesignating the lands from `Low Rise Residential' to `General Industrial Employment'. SECTION 3 — BASIS OF THE AMENDMENT Planning Analysis: SECTION 4 —THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Amend Map No. 2. — Urban Structure, by identifying the portion of the lands, municipally addressed as 1082 and 1094 Wilson Avenue, as `Industrial Employment Areas' instead of `Community Areas', as shown on the attached Schedule A; b) Amend Map No. 3 — Land Use, by designating the portion of the lands, municipally addressed as 1082 and 1094 Wilson Avenue, as `General Industrial Empolyment' instead of `Low Rise Residential' as shown on the attached Schedule `B' Page 229 of 295 Attachment "A" Proposed Official Plan Amendment APPENDIX 1 - NOTICE OF PUBLIC MEETING NOTICE OF PUBLIC MEETING for a development in your neighbourhood 1036,1082 Et 1094 Wilson Avenue -r Have Y'ourVoice Heard! �. planning& Strategic Initiatives Committee ° Date: August 12, 2024 Lc�:ticr�: Council Chambers, Kitchener City Hall 200 King Street West a arVirtuai Zoom Meeting r.� Go to kitc hen e r.c a /m eeti n gs and select; ,. • Current agendas and reports Concept Drawing (posted 10 days before meeting) •Appear asadelegation • Watch a meeting To learn more about this project. including, JA113 0 information on your appeal rights. visit: w.kiitchener.cal � PlanningApplications Employment Relocai.ion €t ercontact: Tim Seyler, Senior Planner Use Reduction of Parking tim.seyler bikitchener.ca 519.741.2200 x7860 The City of Kitchener will consider applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the expansion of an existing manufacturing facility and associated parking. The applications propose to change the land use designation on a portion of the properties from 'Low Rise Residential' to 'General Industrial Employment' and to change the ZoningCategory from `RES -1' to "EMP -2', and to permit an overall parking reduction forthe existing manufacturing and office uses. 4 Page 230 of 295 Attachment "A" Proposed Official Plan Amendment APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — October 30, 2023 Page 231 of 295 Attachment "A" Proposed Official Plan Amendment APPENDIX 3 Minutes of the Meeting of City Council — November 6, 2023 Page 232 of 295 Q <71z U) _ a a N ~ LL o E cu \ o _ N d W Qo Q O O W z O W J H o f N Q z U a F- >, Q o d m Z H J H N Q Q N Q Q YQz~ Q ++ �W H z Z L a LL V W >% LL cu c Z W Z G) F CD W i w pLL Q E oc}n L p Q -w Z m = H ~ U p� D ca E = CD CD °' E� W U U a a� o -0 >_ E oo W +EW a ii `� Q a o s r� z Q Q 4-> J J Z Q w ..... 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Y�y �ir` r'. 5• � Y�y �.r` Y. 5• � Y�y �.r` •r'. 5. tiff Y,'y I c i c { c', IL • Y, f i k. �6'. • Y _f i S' k. `'. • Y _f \ i k. y IL '�• � � l �� �• �! 1. �� � � � 1. �� �. tr{.I 4tij 43 tr{,I 4�i i.t+'• k�'y C•'3.4+'' k�'y C•'A.4+'' k�'y C•' ', tilt.{. ti� �';t�{. it�*. a U) U' � J X 0 O � � v p 0 a O O N N c9 Q CO z O N Q Q Z Z L a Z LU U � W 0 w C2 Q 02 C W U Ua Q+� o Q aYW a z Q Q �> J J Z ow a i O >1 U) J m U) z Qw U z 0 U o IL ZLL m J O ON U) o 0 w U) w O O � N O U) N LU paf _ 0 N LU � � Q O Q U 0 Z O Q w 0i �\ Q W O Z O 0 W Q J Q Z Q Q (n LJ.I O o H J 'V' 0 z I Q V N Z a0 Q O O Q follows: DSD -2024-329 Attachment "B" PROPOSED BY — LAW , 2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Colt Canada Corporation — 1036, 1082 & 1094 Wilson 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 Zoning Grid Schedule Number 216 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential One Zone (RES -1) with Holding Provision (22H) to General Industrial Employment Zone (EMP -2) with Site Specific Provision (405). 2. Zoning Grid Schedule Number 216 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified an illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from General Industrial Employment Zone (EMP -2) to General Industrial Employment Zone (EMP -2) with Site Specific Provision (405). 3. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (405) thereto as follows: "405. Notwithstanding Section 5.6, Table 5-5 of this By-law within the lands zoned General Industrial Employment Zone (EMP -2) and shown as affected by this subsection on Zoning Grid Schedule Number 216 of Appendix `A', the following special regulations shall apply: a) A minimum parking rate of 1 space per 105 square meters for Manufacturing use. b) A minimum parking rate of 1 space per 50 square meters for Office use." Page 235 of 295 DSD -2024-329 Attachment "B" 4. This By-law shall become effective only if Official Plan Amendment No. _ (1036, 1082 and 1094 Wilson Avenue) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of '2024. Mayor Clerk Page 236 of 295 �z z Q ' a H O z o Z Z N Q �i Z W W ZLLI Q p J t -a Z Z _5 O W } W } W Z 0 m Q LL o E N g o O g o O 2 O Q Q z Z d d o N Z 2 Q m CD pD O N d O W d O J Z O Q W LO � N W a O J Q Q J W vJ Q 2 (� J (� J 2 1— Q Of N ~ Z W > Q W > Q J>~ Q Z J Q w o Q O Q O Q w w Q O � w >\ Q Q u! U W— U Of U) x U U U } U O c9 w u> > H a x 1— a x z U O z g z CO O p z fn w OU U Q U U Q U O w z W- QOf wm (7 \ p z m W— Z:) w ? x z Z:)Of_ w (�O � � z \ z LU 0 W d Q U J Q U w J Z J W Q W L L L L N a Z W N Q H U Cbz w Q? w oQ —QU O a zQ LLu 0L . 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Planning & Strategic Initiatives Committee Date: August 12, 2024 Location: Council Chambers, Kitchener City Hall 201 King Street West orVirtual 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.kitchenenca/ PlanningApplications or contact: Tim Seyler, Senior Planner ti m.seyler@ kitchener.ca 519.741.2200 x7860 The City of Kitchener will consider applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the expansion of an existing manufacturing facility and associated parking. The applications propose to change the land use designation on a portion of the properties from `Low Rise Residential' to `General Industrial Employment' and to change the Zoning Cat r2583 -6f,,2 -2', and n ac to permit an overall parking reduction for the existing maturing and office uses. Attachment 'D' Application #: Zoning By-law Amendment Application ZBA24/011/W/TS Official Plan Amendment Application OPA24/006/W/TS Address: 1082 & 1094 Wilson Avenue Owner: Colt Canada Corporation Comments of: Policy & Research, Planning Division & Environmental Planning Provided by: Carrie Musselman, BSc., Dip., MCIP, RPP Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 carrie.musselman@kitchener.ca Provided on: June 27, 2024 Required by: July 5, 2024 Plans, Studies and Reports submitted as part of a complete Planning Act Application: • 1036, 1082 & 1094 Wilson Avenue, City of Kitchener, Region of Waterloo, Scoped Environmental Impact Study, prepared by Aboud & Associates Inc., dated March 22, 2024. • Planning Justification Report, 1036, 1082 & 1094 Wilson Avenue, Colt Canada Corporation, City of Kitchener, Official Plan Amendment, Zoning By-law Amendment, prepared by GSP Group, dated April 2024. • Geotechnical Investigation, Slope Stability Analysis 1036 Wilson Ave. Kitchener, Ontario, prepared by CMT Engineering Inc., dated February 1, 2024. Proposal: The owner is proposing extensive expansion their existing facility at 1036 Wilson Avenue as well as the relocation of employee parking to 1082 and 1094 Wilson Avenue, the construction of a three-storey stairwell and enclosed, elevated pedestrian connection linking the employee parking lot to the newly expanded facility. The existing dwellings at 1082 & 1094 Wilson Avenue are to be removed and converted into the new parking area. The owner has requested to amend the Official Plan: - Map 2 — Urban Structure in the Official Plan to redesignate 'Community Area' to 'Industrial Employment Area'. - Map 3- Land Use in the Official Plan, to redesignate 'Low Rise Residential' to 'Business Park Employment'. No change to Natural Heritage Conservation designation. The owner has requested to amend the Zoning By-law - from 'Low Rise Residential One Zone (RES -1) with Holding Provision 22H' to 'General Industrial Employment (EMP -2)' in By-law 2019-051 Comments: Official Plan — Urban Structure —The subject lands are located within the "Community Area" of the City's Urban Structure as identified on Map 2 in the Official Plan. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. o Residential uses in this area of the City are limited, the transition to 'Industrial Employment Area' would be compatible with the character, form and planned function Page 1 of 2 Page 239 of 295 of the surrounding context as the property to the north contains Colt Canada's existing facility that is located within the "Industrial Employment Area" of the Urban Structure. o Lands to the north-east and south along the Grand River and lands to the west (Homer Watson Park) are within the "Green Areas" of the Urban Structure and are proposed to remain as such to protect and conserve the ecological functions and features that these areas provide. Land Use Designation —The subject lands are designated 'Low Rise Residential' and 'Natural Heritage Conservation' on Map 3 in the Official Plan. o The Official Plan and Zoning By-law Amendments do not propose to alter any of the boundary of the existing natural feature; the existing designations and zoning regulations associated with the natural feature(s) will remain as -is. o Colt Canada's existing facility is to the north of the subject lands and designated 'General Industrial Employment' in the Official Plan. The redesignation from 'Residential' to 'General Industrial Employment' on the subject lands is in keeping with Policy 15.D.6.10 of the Official Plan which states that the City will encourage the retention, renewal and expansion of compatible existing industrial uses. o The existing residential uses on the subject lands are isolated and currently designated 'Low Rise Residential' to reflect the existing use rather than to accommodate future residential growth. The paramount land use on these properties is 'Natural Heritage Conservation' which is proposed to be retained. Supporting Studies Summary: Scoped Environmental Impact Study Based on the results of the scoped EIS, the proposed development will not result in negative impacts to the existing natural features, or their ecological functions provided the recommended mitigation measures are implemented throughout all phases of development. Recommended mitigation measures within the EIS can be addressed through the City's Site Plan process and/or through condition(s) of site plan approval. Geotechnical Investigation • The Slope Assessment was prepared in accordance with all applicable provincial regulations and concluded that the Proposed Development (parking area, walkway and tower structure) will be located outside of the stable slope allowance and is not a risk from a geotechnical and slope stability perspective. Further, it is not anticipated to create any new hazards or aggravate existing hazards and will have very minimal impacts on the existing natural features. • Recommended mitigation measures within the Geotechnical Investigation can be addressed through the City's Site Plan process and/or through condition(s) of site plan approval. Policies, Standards and Resources • Official Plan -City of Kitchener • Zoning bylaw - City of Kitchener • Urban design - City of Kitchener Page 2 of 2 Page 240 of 295 Application type: Project address: Comments of: Commenter's name: Email: Phone: Date of comments: Comments due: Development proposal City of Kitchener OPA/ZBA comments Zoning By-law Amendment Application ZBA24/011/W/TS Official Plan Amendment Application OPA24/006/W/TS 1082 & 1094 Wilson Avenue Transportation Services Dave Seller dave.seller@ kitchener.ca 519-741-2200 e 7369 July 5, 2024 July 5, 2024 The owner is proposing to expand an existing manufacturing facility at 1036 Wilson Avenue and requires the existing dwellings to be removed and converted into a new parking area. The owner has requested to amend the Urban Structure in the Official Plan to redesignate the property from 'Community Area' to 'Industrial Employment Area', and to redesignate the property to 'Business Park Employment' from 'Low Rise Residential'. The owner has requested to amend the Zoning By-law to 'General Industrial Employment (EMP -2)' in By-law 2019-051 from 'Low Rise Residential One Zone (RES -1) with Holding Provision 22H' in Zoning By-law 2019-051. Also, a new staff parking area is being proposed with approximately 110 parking spaces and one full moves access to Wilson Avenue. Parking area analysis One vehicle access point to Wilson Avenue is appropriate. Below are some site plan related comments. • Typical parking drive aisle widths. o 7.3m double loaded parking o 6.7m single loaded parking o 6.1m with no parking on either side of the drive aisle. • Typical parking space dimensions — 5.5m x 2.6m • Driveway visibility triangles — 3.Om x 4.5m Active Transportation analysis Wilson Avenue is a major active transportation route with no dedicated pedestrian or cycling facilities for this portion of Wilson Avenue. While there is no road widening for this section of Wilson Avenue, Transportation Services is consulting with our legal department regarding the feasibility of a boulevard A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 241 of 295 multi -use trail (BMUT) along the 1094 Wilson Avenue frontage. Transportation Services will provided additional comments regarding the BMUT after consultation with our legal staff. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 242 of 295 N* Region of Waterloo Tim Seyler 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: D17/2/24006 C14/2/24011 July 8, 2024 Re: Proposed Official Plan Amendment OPA 24/06 and Zoning By-law Amendment ZBA 24/011 1082 and 1094 Wilson Avenue GSP Group (C/O Kristen Canada Corporation CITY OF KITCHENER Barisdale) on behalf of Colt GSP Group has submitted a site-specific Official Plan Amendment and Zoning By-law Amendment Application for a development proposal at 1082 and 1094 Wilson Avenue (referred to as subject lands) in the City of Kitchener. The Owner is proposing to demolish two single detached dwellings on each lot to permit a new parking area that will be associated with the existing manufacturing facility at 1036 Wilson Avenue. The subject lands are designated Urban Area and Delineated Built Up Area in the Regional Official Plan. The site is designated Low Rise Residential and Core Natural Feature in the City of Kitchener Official Plan and zoned RES -1 and NHC-1 in the City of Kitchener Zoning By-law. The applicant has requested an Official Plan Amendment to redesignate the subject lands from the `Community Area' to the `Industrial Employment Area' and to redesignate the land from `Low Rise Residential' to `Business Park Employment'. The applicant has also proposed a Zoning By-law Amendment to rezone the subject lands from the Low Rise Residential One (RES -1) Zone to the General Industrial Employment (EMP -2) Zone. The applicant is proposing to remove Holding Provision 22H from the lands. Holding Provision 22H relates to ensuring adequate city Document Number: 4725244 Version: 1 Page 243 of 295 services are `available' or that `acceptable arrangements' have been made and that an Environmental Impact Study has been approved by the City's Director of Planning. The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP) and the site is designated Low Rise Residential in the City of Kitchener Official Plan. The site is adjacent to an industrial use and the proposal is to permit additional parking for the industrial operation at 1036 Wilson Avenue. Built Up Area Policies: Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for 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 that's assists in providing opportunities for residents to use alternative forms of transportation (e.g. walking, rolling, strolling). The Delineated Built Up Area is intended to support the 15 -minute neighborhood and includes an appropriate mix of jobs, local stores and services as well as a full range of housing and transportation options. Regional staff understand that the proposal will support an existing manufacturing operation directly adjacent to the site (Colt Canada). Core Environmental Features: The subject lands contain a Regional Core Environmental Feature on the entirety of the subject lands. The applicant has submitted an Environmental Impact Study to establish the limits of development on site and the impact to the Core Environmental Feature. As indicated below, the Region has no objection to the Environmental Impact Study submitted and agrees with the conclusions and recommendations contained in the study. Further detailed information can be found in the Environmental Planning section below. Servicing: Regional staff understand that the subject lands are serviced by a municipal water system, but do not have a connection to a municipal wastewater system. Please be advised that the preferred form of servicing within the Urban Area and Delineated Built Up Area of the Regional Municipality of Waterloo is servicing from a municipal water and wastewater system. Regional staff understand that municipal water and wastewater is not required to service a parking lot, however Regional staff advise the applicant and owner that should an expansion to the building be proposed, the development will be required to be serviced by municipal water and wastewater services in accordance with the Regional Official Plan. Document Number: 4725244 Version: 1 Page 244 of 295 Further to the above, Regional staff have the following technical comments relating to the proposal: Environmental Planning: The scoped Environmental Impact Study (EIS), prepared by Aboud & Associates, dated March 22, 2024 has been reviewed and Regional staff offer the following comments on the report: Regional staff understand that the proposed parking lot and tower/stairwell for the pedestrian bridge are to be situated in areas that are not included in the designated Core Environmental Feature on the subject lands and no development activity shall occur within the Core Environmental Feature. In addition, a suitable buffer has been included to ensure additional protection for the feature. Furthermore, Regional staff understand that the elevated walkway through the forest canopy is to be constructed in such a manner that impacts to the woodland feature will be minimal and can be readily mitigated through recommendations made in the EIS. Regional staff have no objections to the methodology, conclusions and recommendations contained in the scoped Environmental Impact Study and require that the remainder of the property continue to be designated Core Natural Feature in the City of Kitchener Official Plan and NHC-1 in the City of Kitchener Zoning By-law. Furthermore, Regional staff recommend that the recommendations contained within Section 7 of the EIS be implemented through the future site plan and be implemented to the satisfaction of the City of Kitchener and Regional Municipality of Waterloo. Regional Cultural Heritage Regional staff understand that site alteration and development on the subject lands is intended to take place on portions of the land that have been disturbed. Please be advised that should development or site alteration take place in any areas outside of the current areas containing disturbance, an archaeological assessment must be completed by a licensed archaeologist, due to the subject lands proximity to hydrology, its location within a historic landform and the sites proximity to historic buildings. Should any work be proposed in the undisturbed portion of the subject lands, the owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a copy of the Ministry's Acknowledgement letter(s) and the Assessment report(s) to the satisfaction of the Regional Municipality of Waterloo. Hydrogeology and Water Programs/Source Water Protection The owner/developers is advised that a salt management plan is required to the satisfaction of the Regional Municipality of Waterloo as part of a future site plan application. Regional staff encourage the Owner/Developer to incorporate the following design considerations with respect to salt management into the design of the site and within the salt management plan: Document Number: 4725244 Version: 1 Page 245 of 295 • Ensuring that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces. • Locating snow storage areas in close proximity to catchbasins. • Using winter maintenance contractors that are Smart About SaltTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaltTM program for this property. Completion of the SMP is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Please be advised that the Region does not support infiltration of chloride laden runoff from parking lots. Fees: Please be advised that the Region is in receipt of the Official Plan Amendment review fee of $7,000.00 and the Zoning By-law Amendment Review fee of $3,000.00 (total $10,000) was received in full July 5, 2024. Conclusions: The Region has no objection to the above noted applications to permit a parking facility associated with an adjacent industrial use provided the following is implemented within the Official Plan Amendment and Zoning By-law Amendment: 1. That the areas outside the area where development is to occur continues to be designated Core Natural Feature in the City of Kitchener Official Plan and NHC-1 in the City of Kitchener Zoning By-law. Next Steps: Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Document Number: 4725244 Version: 1 Page 246 of 295 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. GSP Group Inc. C/O Kristen Barisdale (Applicant), Colt Canada Corporation C/O JoAnne McCormick (Owner) Document Number: 4725244 Version: 1 Page 247 of 295 July 19, 2024 via email Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Tim Seyler, Senior Planner Kitchener City Hall, 6th Floor 200 King Street West, P.O. Box 1118 Kitchener ON N2G 4G7 Dear Tim Seyler, Re: Zoning By-law Amendment Application ZBA24/011/W/TS Official Plan Amendment Application OPA24/006/W/TS 1082 and 1092 Wilson Avenue, City of Kitchener Colt Canada Corporation Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application for amendments to the Official Plan and Zoning By-law to allow the existing dwellings to be removed and converted into a new parking area. Recommendation Based on our review of the material submitted with the application, the GRCA recommends deferral to allow the applicant time to address our comments. Additional information is required to confirm the extent of the riverine slope erosion hazard and development setback. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: - Geotechnical Investigation, prepared by CMT Engineering Inc., dated February 1, 2024. - Stormwater management Brief, prepared by WalterFedy, undated. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a regulatory authority under Ontario Regulation 41/24 and as a public body under the Planning Act as per our CA Board approved policies. Information available at this office indicates that the subject properties contain floodplain associated with the Grand River, a riverine slope erosion hazard and the regulated allowances to these features. Due to the presence of these features, a portion of the properties are regulated by the Grand River Conservation Authority under Ontario Regulation 41/24. Any future development activities, including the proposed parking area and tower, will require the prior issuance of a permit from the GRCA. The GRCA understands that the applicant is proposing to amend Map 2 - Urban Structure in the Official Plan to redesignate the property from `Community Area' to `Industrial Employment Area' and amend Map 3- Land Use' in the Official Plan to redesignate the property to `Business Park Employment' from `Low Rise Residential.' In addition, the applicant has Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Page 248 of 295 requested to amend the Zoning By-law to `General Industrial Employment (EMP -2)' in By- law 2019-051 from `Low Rise Residential One Zone (RES -1) with Holding Provision 22H. Prior to recommending approval, the GRCA requests that the comments below, which pertain to the site specific geotechnical investigation, be addressed, in order to allow the slope erosion hazard overlay to be updated. The GRCA recommends that the slope erosion hazard overlay be updated to confirm that the proposed development activity will be outside of the natural hazards. 1. Have potential impacts to the (lower) slope from the proposed developments (e.g., the tower structure, parked vehicles, and construction impacts such as equipment/heavy machinery) been considered in the slope stability analysis? Please clarify and confirm. 2. There is a discrepancy in the long-term stable slope extent (in the vicinity of the proposed tower and walkway) shown on Drawing 2 and Drawing 28. Please clarify and update the drawing(s). The long-term stable slope must be delineated and captured on an updated erosion hazard overlay. The GRCA will defer a detailed review of the proposed grading and stormwater management design to site plan. However, at this time we would like to note that the stormwater management must, in part, control post -development peak flows to pre -development levels for all storms up to and including the 100 -year storm (i.e., 2, 5, 10, 25, 50 and 100 -year storms) for all site outlets, and ensure there are no additional impacts during the regulatory storm. The applicant is encouraged to engage in pre -consultation to confirm submission requirements. Site Plan Application Based on a review of the submitted materials, the GRCA would request that the geotechnical investigation report be updated with the following as part of a future Site Plan Application. 3. Please attach the survey by Van Harten Surveying Inc. (the most updated version) to the geotechnical report. The vertical datum must be provided on the survey. The survey must be signed by a certified OLS. 4. The geotechnical report should be updated to review and confirm that the proposed grading and servicing will not have a negative impact to the slope stability. Advisory Comments 1. No response is required. Upon further review, the GRCA does not consider the upper slope to be part of the riverine erosion hazard. We would recommend that if any development is proposed on the upper slope in the future, that a geotechnical engineer review and provide input, however, a permit from the GRCA will not be required. Consistent with GRCA's 2024 approved fee schedule, this application is considered a major Official Plan and/or Zoning Bylaw Amendment, for which the review fee is $2,500. The GRCA acknowledges receipt of a previous payment in the amount of $255 for an Inquiry fee. The applicant will be invoiced the difference in the amount of $2,245, for the GRCA's review of this application. Page 249 of 295 Should you have any questions, please contact the undersigned at cfosterpengelly@grand river. ca or at 519-621-2763 extension 2319. Sincerely, .¢ Chris Foster-Pergelly, M.Sc. Supervisor of Planning and Regulations Enclosed: GRCA map of the properties Page 250 of 295 'Ta .I" r c O N W C)c)_ > f ¢„ •�.� c co Y@@@ aTN=g-o_o-E _ �Q !l r r' � - 1p �_ 4i <a or ?- U �a� c?� u¢� � W- o v v�v i _ O Q V 7 ° 0 vM,'"0 >�^ U �+ a} m Q n o w" m o C.) C 47 mo > � F _ O O Y E U U 0�- �-- Q a m cn a a a o c p C U v o o Q ` 0' 2 V Q co C d1 d1 N 9] Q [6 r >, 3- w o U f4 C � .N � 'C N N } N } M W W W W N E OE 00 R7 W W Q C W 65 ❑ 1] O Y s s s 0 r„ O �' O LL N R ® N fl Q' �' 7v 7 J J J J U L � ' 0 V 0 _ o.0 I -- LL� US V7 v oroB°E�0 .I" r f ¢„ •�.� c co Y@@@ !l r r' � - 1p �_ City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 1082, 1094 Wilson Ave (connected with 1036 Wilson Ave) Owner: Colt Canada Application: ZBA24/011/W/TS and OPA24/006/W/TS Comments Of: Commenter's Name: Email: Phone Date of Comments: Park Planning Lenore Ross Lenore. ross@kitchener.ca 519-741-2200 ext 7427 July 05 2024 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) 0 No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) Documents Reviewed: I have reviewed the documentation noted below submitted in support of an OPA and/or ZBA to allow the expansion of an existing manufacturing facility at 1036 Wilson Avenue and requiring the existing dwellings to be removed to be converted into a new parking area. The owner has requested to amend Map 2 — Urban Structure in the Official Plan to redesignate the property from 'Community Area' to 'Industrial Employment Area'. And Map 3- Land Use in the Official Plan to redesignate the property to 'Business Park Employment' from 'Low Rise Residential' (as shown on the attached Schedule W). The owner has also requested to amend the Zoning By-law to 'General Industrial Employment (EMP - 2)' in By-law 2019-051 from 'Low Rise Residential One Zone (RES -1) with Holding Provision 22H' in Zoning By-law 2019-051 List of documents reviewed. • Scoped EIS —Aboud and Associates dated March 22 2024 • Circulation Letter dated May 24 2024 Site Specific Comments & Issues: The lands that are subject to these Planning applications are immediately adjacent to City owned lands identified as Kitchener Core Natural Heritage Features and Regional Core Environmental Features. These Natural Heritage Conservation lands are known as Homer Watson Park to the west and Petrifying Spring Natural Area to the east. In addition, there is a land -locked, City owned NHC parcel immediately east of the 1036 Wilson Ave lot and through subsequent development applications related to the proposed expansion of the manufacturing facility, access to these City owned lands and that remaining residential parcels east of the site should be addressed. This may require additional Planning applications. Through the expected site plan application for the proposed expansion of the manufacturing facility, conveyance of the NHC lands to the City will be explored with the intent of providing secure access to A City for Everyone Working Together— Growing Thoughtfully— Building Community 18aw � of 295 City of Kitchener Zone Change / Official Plan Amendment Comment Form City lands and connecting natural heritage features in public ownership. If direct conveyance of some portions of the NHC lands on 1082 and 1094 Wilson Ave is not possible because of operational or security needs, registration of a conservation easement in favour of the City can be explored as an option. Park Planning has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide support for the applications. Comments on Submitted Documents No comments Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan application for the subject and adjoining lands. Parkland dedication will be assessed based on the A City for Everyone Working Together— Growing Thoughtfully— Building Community Id of 295 City of Kitchener Zone Change / Official Plan Amendment Comment Form land use class(es) and density approved through the OPA and ZBA and required as a condition of Site Plan Approval Dedication requirements are subject to the 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 auu- of 295 City of Kitchener Pre -submission Application Comment Form Project Address: 1082-1094 Wilson Avenue Date of Meeting: July 05, 2024 Application Type: ZBA / OPA Comments Of: Development Engineering Commenter's Name: Jason Brule Email: jason.brule@kitchener.ca Phone: 519-741-2200 x.7419 Date of Comment: ❑ I plan to attend the meeting (questions/concerns/comments for discussion) X I do NOT plan to attend the meeting (no concerns) There is no meeting scheduled 1. Site Specific Comments & Issues: • No sanitary or storm infrastructure along the frontage here. 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: Zoning Bylaw Amendment: • For the OPA/ZBA a Functional Servicing Report detailing outlets to the municipal sanitary and storm servicing system is required to the satisfaction of Engineering Services. Sanitary design sheets developing population based on zoning with peaked flows must be submitted to run the sanitary capacity modeling. The City of Kitchener will use this information to determine if there are any downstream issues. If the capacity analysis determines that the sanitary sewers will need to be upgraded to support the development, then these upgrades will be rolled into the development costs. Further studies will be required at the time of development to determine the approximate length of sanitary sewers that will need to be upgraded. • Stormwater Management may be addressed through the Site Plan Approval process. • For the OPA/ZBA a Water Distribution Report is required to the satisfaction of Engineering Services in consultation with Kitchener Utilities and the Region of Waterloo. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 255 of 295 Tim Seyler From: Nick Pfeifle Sent: Tuesday, June 4, 2024 2:53 PM To: Tim Seyler Subject: Re: AGAINST - Comments on 1082 & 1094 Wilson Avenue (OPA/ZBA) You don't often get email from rn why this is important Thanks Tim, I appreciate that my voice is only one part of the decision making. If it's in order you can mention my position as the president of uwaterloo students and an engineering graduate, but be aware that my organization does not have an official stance on specific zoning requests, only sentiments about good municipal design. Best, Nick From: Tim Seyler <Tim.Seyler@kitchener.ca> Sent: Tuesday, June 4, 2024 2:48 PM To: Nick Pfeifle Subject: RE: AGAINST - Comments on 1082 & 1094 Wilson Avenue (OPA/ZBA) Hi Nick, Thank you for your comments. At this time no decision has been made on the application, and all the comments received during the commenting period will be taken into consideration. I have added your email to my email list to receive further information, and you can also get up to date information on the City's website. Let me know if you would require any more information. 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 Tim.Seyler@kitchener.ca 0 () 0 From: Nick Pfeifle Sent: Monday, June 3, 2024 10:31 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: AGAINST - Comments on 1082 & 1094 Wilson Avenue (OPA/ZBA) You don't often get email fror Marn why this is important I-il Tim, Page 256 of 295 As a student, and with a background knowledge in sustainable development and engineering, I must come out against the expansion of parking lots. It goes against good practice to increase parking availability instead of focusing on mobility changes, bussing, accomodating carpooling, and other forrrMOMMficial to the long term health of our community. I implore the city council consider the effects of Urban Heat Islands, and Urban Stream Syndrome, both of which objectively will worsen with expanding parking. I am deeply worried about the runoff potential into the grand river, worsenin rover -concentration of salt, and I must protest the loss of greenspace. It would serve the city well for this area to remain undeveloped, and should it need to be upbuilt, a parking lot is, close to to the worst possible choice for growing our community and economy. Accepting this development would be a mistake. Best luck, Nick Pfeifle BASc '24, President Federation of Students; Operating as the Undergraduate Student Association (WUSA), University of Waterloo 0 098011040dolm,; Page 257 of 295 Tim Seyler From: Neil Taylor > Sent: Tuesday, June 4, 2024 4:53 PM To: Tim Seyler; Jim McDowell; Jason Deneault Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. June 4, 2024 Thanks for your response Mr. Seyler. The 2 buildings that you refer to have been vacant by choice of the the owner, Colt Canada. I have had people enquiring re. rental. At a time when there is a huge shortage of housing, not only in this municipality, but across the country, it is a travesty to allow demolition of 2 residential buildings along with accessory structures. 1 am aware that one of the residences has log cabin walls. Should not that require more consideration? 1 have been a neighbour to the subject properties since 1974. The Colt factory was built after that date. The city allowed them to expand their facility 2 times requiring berms and other forms of attractive landscaping to be removed and paved over for parking. The company has caused their own problem. Page 258 of 295 In as much as the surrounding area is designated Natural Heritage, in the absence of it being retained as residential zoning, I submit that the City should acquire the property and make it part of Homer Watson Park' Please add this communication to the file for reference. Respectfully submitted, Neil E. Taylor ------ Original Message ------ From: Tim.Se ler@kitchener.ca To, Sent: Tuesday, June 4th 2024, 15:08 Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS Hi Neil and Jim, Thank you for your comments. At this time no decision has been made on the application, and all the comments received during the commenting period will be taken into consideration. I have added your emails to my email list to receive further information, and you can also get up to date information on the City's website. Let me know if you would require any more information. http L"perience,arc is.comn experience/bb2db3e61bd04320 clf16dl6a3cedocIpage/Curr(°rat AppilcationsLt data s=id 3AdataSource 10 -Planning l pglicatiens Active 5584%3A_112 To answer your questions, the 2 residential dwellings that are currently on the properties are proposed to be removed. They have been vacant for some time now. The properties are proposed to be used for parking, as the existing building on 1036 Wilson is proposed to be expanding and constructing within the Page 259 of 295 current parking area, the parking is then being relocated to this location. Should the application be approved and move forward, a storm water management brief will be required as part of a complete site plan application and our engineering staff will ensure that stormwater will be handled correctly. Further to Jim's question, this is not near Bleams Rd. as the closest intersection that Bleams intersects is the roundabout at Manitou Dr.. This is a fair distance from that. If you have further questions, please let me know. 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 IJ = IJ E - E - Z ...1j] E LJ From: Neil Taylor Sent: Tuesday, June 4, 2024 6:57 AM To: Tim Seyler <Tim.Seyler@kitchener.ca>; Jason Deneault <Jason.DeneauIt@kitchener.ca> Cc: Lynda & Dave Thomso Scott Mackenzie Patrick Jagielski ; Jim McDowell Subject: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS Attention: Tim Seyler Sir, wish to receive more information re. this application. For instance, what becomes of the residential buildings on the property? Flow Page 260 of 295 will the application result in any difference to the owner of the property relative to employment? How will the storm water runoff be managed to new impermeable surfaces? 1 request an immediate response to these questions in writing and a telephone call a.s.a.p. In general, I stand opposed to the application. Respectfully submitted. Neil E. Taylor https://www.facebook.com "Adopt the pace of nature: her secret is patience." - Ralph Waldo Emerson (1803-1882) "The richness I achieve comes from nature, the source of my inspiration." - Claude Monet "In the end, we conserve only what we love, we will love only what we understand and we will understand only what we are taught." -- Baba Dioum Page 261 of 295 Tim Seyler From: Jim McDowell Sent: Wednesday, June 5, 2024 9:48 AM To: Neil Taylor; Tim Seyler; Jason Deneault Subject: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Some people who received this message don't often get emai Learn why this is important I appreciate the correspondence to date and the details being addressed as well as the site clarification offered by Tim S. Water issues and environmental concerns are always important. If the log wall is historically important I would favor further investigation and a suitable proposal about it before application approval is granted. The Taylor Woods area is a great treasure. Let's do all we can to maintain and enhance it. I'm also interested in the nearby Hidden Valley area and plugged into the appropriate focus group. Thanks, men. Jim Get Outlook for Android From: Neil Taylor Sent: Tuesday, June 4, 2024 4:53:19 p.m. To: Tim Seyler <Tim.Seyler@kitchener.ca>; Jim McDowell ; Jason. Deneault@kitchener.ca <Jason.Deneault@kitchener.ca> Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. June 4, 2024 Thanks for your response Mr. Seyler. The 2 buildings that you refer to have been vacant by choice of the the owner, Colt Canada. 1 have had people enquiring re. rental. At a time when there is a huge shortage of housing, not only in this municipality, but across the Page 262 of 295 Tim Seyler From: Neil Taylor Sent: Monday, June 17, 2024 9:03 AM To: Tim Seyler Cc: Jason Deneault; Jim McDowell Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Good morning Tim have reviewed though not in detail all parts of the 1036, 1082 & 1094 Wilson Avenue City of Kitchener, Region of Waterloo Scoped Environmental Impact Study. have searched in vain for specific site plans that 1 thought should be readily available for all proposed changes within the application at 1036, 1082 &1094 Wilson Ave., Kitchener ON, e.g. location of set -backs, buffers, light standards, size of parking spaces, elevations of structures etc. Please forward these a.s.a.p. Respectfully requested, Neil E. Taylor C.c Interested parties ------ Original Message ------ From: Tim.Seyler@kitchener.ca Page 263 of 295 Tim Se ler From: Neil Taylor Sent: Tuesday, June 18, 2024 9:24 PM To: Tim Seyler; Jason Deneault; Jim McDowell Subject: Re: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Hi Tim I was actually looking for a site plan for 1082 and 1094.Wilson Ave. showing al buffers, setback, dimensions of parking spaces, or any proposed structures, lighting standards and locations, etc. I included these addresses in the request on June 17. Please forward these a.s.a.p. Respectfully requested, Neil E. Taylor C.c Interested parties ------ Original Message ------ From: Tim.Seyler@kitchener.ca T Sent: Tuesday, June 18th 2024, 15:19 Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Hi Neil, Thanks for the email. At this time there is no site plan application for 1036 Wilson Ave. The application that has been submitted is only for the lands addressed at 1082 and 1094 Wilson Ave. At this time the requirements you are looking for in regards to the changes to the building at 1036 Wilson have not been submitted nor are they required to be submitted to the City with this application. They have provided the initial site plan in their planning justification report to see what they are intending to do. However the site plan will go through the full process once and if the OPA/ZBA have been approved by Council. The application is to change the zoning and the designation of the lands to Business Park Employment from Residential zoning. The Natural heritage zoning is not being altered with this application. Page 264 of 295 NEIL K. TAYLOR KITCHENER, ON June 21, 2024 Attention: Tim Seyler, Senior Planner City of Kitchener, Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: 0PA24/006/W/TS - 1082 &1094 Wilson Ave. As per our telephone conversation today, we had an understanding that you would undertake to forward to me any documents, report, studies, etc. pertaining to this application beyond the scoped environmental impact study. Respectfully submitted, Neil E Taylor C.c. Interested parties Page 265 of 295 NEIL B. TAYLOR UrCHBIYER, OR June 22, 2024 Attention: Tim Seyler, Senior Planner City of Kitchener, Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. As per our telephone conversations and various correspondence, I have sought details on various aspects of the proposed development. These include: • The ill -consideration of demolishing two residences and another structure that might be converted into a residence at a time when there exists a massive shortage of housing in the City of Kitchener. • The absence of information re. an application to the Region of Waterloo (the upper tier municipality) re. an amendment to the ROP (2022). "The Regional Official Plan is a statutory document that sets out land use policy to guide future growth and development. If an owner proposes to develop a property differently than what is prescribed by the Regional Official Plan, they must apply to the Region for a Regional Official Plan Amendment. Regional Council is the approval authority for Regional Official Plan Amendments." Since the owner is requesting a City Official Plan Page 266 of 295 Amendment to redesignate a portion of the properties from Low Rise Residential to Business Park Employment and a Zoning By-law amendment to change the zoning from RES -1 to EMP -2 to permit the expansion of a manufacturing facility and associated parking, why is there not an application to the Region for an Official Plan Amendment • The absence of a Traffic Study for Wilson Ave. between the intersection of Wabanaki Dr. and the cul de sac (parking area) near 1094 Wilson Ave. This should include studies parking of visitors to Homer Watson Park along Wilson Ave. + The absence of any consideration for the widening of Wilson Ave. into the ESPA 31 (Homer Watson Park). The areas adjacent to Wilson Ave. are designated Natural Heritage. The Woodland is considered Regionally Significant and is a Regional Core Environmental Feature. Where is a study on this matter? * The absence of consideration of lighting for the proposal in a meaningful way. There is no mention of lighting that will negatively impact upon the closest residential neighbour. Why not? • The absence of consideration of any method of handling snow. A reasonable person could surmise that it will be plowed it over the steep bank or across Wilson Ave. into the Natural Heritage Areas. Please explain. The absence of s specific site plan that delineates the buffers and setbacks for the development as well as the location and height of lighting, etc. How will this be addressed? These matters are of great concern. Respectfully submitted, Neil E Taylor C.c. Mayor and Council, City of Kitchener Melissa Mohr, Senior Planner, Region of Waterloo Interested parties Page 267 of 295 Tim Seyler From: Patrick Jagielski Sent: Friday, June 28, 2024 3:16 PM To: Tim Seyler Cc: Neil Taylor Subject: Concerns with development on Wilson Ave. Attachments: Letter to the City of Kitchener re. Colt June 22, 2024 (1).docx You don°t often get email fri)r i!,Arri :vlI, k is 1 -1;,,0rtarit Dear Mr. Seyler, I am writing in support of concerns raised by Neil E. Taylor on June 22nd of this year regarding the demolition of homes on Wilson Ave. (see his attached letter for reference). I second Mr. Taylor's comments and concerns and wish to be included in correspondence on the matter going forward. Professionally (as a Wildlife Biologist), I have concerns with developing within (or near) the Homer Watson Park ESPA. The two homes are already in place and have a low ecological footprint on the area. The same cannot be said for the expansion of a factory and parking lot, which will bring with it more noise, light, and physical (garbage) pollution. Please consider this matter seriously as we (myself, Mr. Taylor, and concerned citizens) seek answers from the city. I regret that I will not be able to attend the meeting on July 10th as I will be away for fieldwork in the Arctic, but I support Mr. Taylor as he brings the matter forward to the council that day. Sincerely, Patrick Jagielski Concerned Citizen of Kitchener Page 268 of 295 NEIL K. TAYLOR KITCHENER, OR July 2, 2024 Attention: Tim Seyler, Senior Planner City of Kitchener, Please distribute to the Mayor and Council: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. And Planning Justification Report Please respond to the following: 1. What is the official response of city planning staff to the responses provided in the Planning Justification Report prepared by GSP re. the Provincial Policy Statement? 2. What is the official response of city planning staff to the responses provided in the Planning Justification Report prepared by GSP re. the Places to Grow: Growth Plan for the Greater Golden Horseshoe? 3. What is the significance of Holding Provision 22H? What is the status of that Holding Provision? Why should the status be permitted to be removed? Respectfully requested, Neil E. Taylor C.c. Interested Parties Page 269 of 295 Tim Se ler From: Jim McDowell Sent: Tuesday, July 2, 2024 4:44 PM To: Neil Taylor; Tim Seyler Subject: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. You don't often get email Learn why this is important Dear Mr Saylor, I've been following this matter as an interested party. Neil Taylor has done a lot of work on this matter and I believe he has raised valid points with respect to land that is very close to our precious Grand River. To see a parking lot pavement covering any of the ecosystem by such a river would be tragic. Therefore I urge that Taylor's points be given careful study and that long term values govern the outcome on this question. Please convey my concern and its basis to those who will study and decide. With respect and trust, James McDowell Kitchener. Get Outlook for Android From: Neil Taylor Sent: Tuesday, July 2, 2024 3:38:44 PM To: Tim.Seyler@kitchener.ca <Tim.Seyler@kitchener.ca> Subject: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. July 2, 2024 Attention: Tim Seyler, Senior Planner City of Kitchener, Please distribute to the Mayor and Council: Page 270 of 295 Re Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Please see the attached letter of this date. I ask for responses as soon as possible. Respectfully submitted, Neil E. Taylor C.c. Interested Parties Page 271 of 295 Tim Seyler From: Stuart MacDonald Sent: Saturday, July 6, 2024 2:17 PM To: Tim Seyler; Jason Deneault Cc: Christine Michaud Subject: Re: Colt factory expansion concern Some people wlto received this message don't often get email r am—W Js.irrn ortant (Resend due to mis-spelling Jason's email address; I had to copy if manually from the "postcard" PDF. Protip: Things on the web should always be made copy and pasteable.) On Sat, Jul 6, 2024 at 2:14 PM Stuart MacDonald wrote: Hello City of Kitchener reps, 've just become aware of the Colt factory expansion plans. I am unopposed to expanding the factory. I am opposed to remaking 1094 Wilson into parking for the factory. That address has been a residence for the 20+ years I've lived in the immediate area. If it's not going to be a residence any more, it should be returned to, or merged into, the surrounding park/green space. Even if that means turning it into a small parking lot that services the park. The park could really use a bit more parking space. It's very popular, the existing parking is often over -run and the lot at the south end of Wilson appears to be unmaintained; unpaved/unmaintained pavement and developing pot holes. Full disclosure: Christine and I know each other and live in the same condo complex. I've CCed her as a "nextdoor Councillor" that might be interested in the proposed development. I am not attempting to leverage our relationship for any purpose. Thanks, ...Stu Thanks, ...Stu Page 272 of 295 Tim Seyler From: Neil Taylor Sent: Wednesday, July 10, 2024 7:54 AM To: Tim Seyler; Jason Deneault Subject: Re: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Attachments: Letter to City of Kitchener re. Colt Canada July 4, 2024.docx July 10, 2024 Attention: Tim Seyler, Senior Planner, City of Kitchener, Please distribute to the Mayor and Council: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. And Planning Justification Report GSP Group (Report) And Provincial Policy Statement, 2020 And Places to Grow: Growth Plan for the Greater Golden Horseshoe Good morning Tim. I have just had my land line and internet restored after 4 days of outage. Until you call yesterday afternoon, I was unaware that I had not included the attachment on Sunday when I tried to use the internet at Shoppers Sunday afternoon. Page 273 of 295 I stand 100% opposed to these applications. 1. The purpose for the Application with accompanying reports can not be achieved. 2. Demolition of houses is offensive to the General Public in a time or housing shortage. 3. There are other nearby locations better suited for the parking. 4. The subject properties are surrounded by Natural Heritage designation as well as Low-rise Residential properties.. The proposed brightly lit parking lot with glass enclosed stairs and bridge will present an inappropriate development to an area that has been low light and low intensity of activity for many decades. Please see the attached document with other objections and rationale. hope to attend the Zoom meeting at 7:00 p.m. if I don't have more internet outages or other issues. Respectfully submitted, 0, Wjr. VA Neil E. Taylor ------ Original Message ------ From: Tim.Seyler@kitchener.ca Sent: Monday, July 8th 2024, 09:52 Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Hi Neil, Page 274 of 295 Thanks for the email however there was no letter attached to it. Would you be able to resend with the attachment? 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 0AZ 19 l ­x I€i From: Neil Taylor Sent: Sunday, July 7, 2024 5:20 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Attention: Tim Seyler Please see the attached letter dated July 4, 2024 Respectfully submitted, Neil E. Taylor https://www.fightforfarmland.com/ https:Himages.squarespace-cdn.com/content/v1/65fca845277db5669ac677f7/643bled8-15d7-4d90-8a96- b21f36371a20/Fight+For+Farmland+Logo+Transparent+two+tonwshorizontal.png?format=1500w Page 275 of 295 NIHIL E. TAYLOR UrCHE24ER, ON July 4, 2024 Attention: Tim Seyler, Senior Planner, City of Kitchener, Please distribute to the Mayor and Council: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. And Planning Justification Report GSP Group (Report) And Provincial Policy Statement, 2020 And Places to Grow: Growth Plan for the Greater Golden Horseshoe This application is not for a simple "proposed development" as represented by a 9" X 6" post card invitation to a neighbourhood meeting. The proposed development includes: • a significant addition to the existing Colt Canada manufacturing plant (1036 Wilson Ave.) • reduction of parking at 1036 Wilson Ave. • demolition of 2 habitable residences and another significant building • the construction of a parking lot (1082 and 1094 Wilson Ave), • the construction of a glass three-storey enclosed stairway (1082 and 1094 Wilson Ave), • the construction of a glass enclosed pedestrian bridge connecting to the manufacturing plant, and • the erection of significant lighting structures for parking adjacent to a Natural Heritage Area and a residential property. Page 276 of 295 ➢ The information on the postcard and on the identical posted sign at the subject property is incomplete and misleading. There is no real indication to the public of the intent to demolish 2 well -constructed habitable houses and a third structure. The postcard boldly states with accompanying icons that the purpose is "Employment Use" and "Relocation of Parking". The report states that Colt currently has 149 employees. I am unable to find any suggestion that the employment number will increase if the Application is successful. Accordingly, the information is disingenuous.. Moreover, the Report states that the intended number of parking spaces at 1082 and 1094 Wilson Ave. will be only 127. Even with the retention of 16 spaces at 1036 Wilson Ave., the plans for parking in the Application will not accommodate all employees and visitors. The purpose for the Applicatio:p with accompanying reports can not be achieved. ➢ The absence of a specific site plan that delineates the buffers and setbacks for the development as well as the location and height of lighting, etc., leaves a reasonable person to question the plan and whether it is in full adherence to all zoning requirements. ➢ The Planning Justification Report has not been peer reviewed. It contains unsubstantiated subjective responses to criteria expected in: 1. Provincial Policy Statement (2020), 2. Places to Grow: Growth Plan for the Greater Golden Horseshoe, 3. Regional Official Plan (2022), 4. City of Kitchener Official Plan (2019) and the 5. City of Kitchener Zoning By-law (2019-051) This 9" X 6" post card invitation to a neighbourhood meeting has been a frustrating exercise. Links on the internet send the public to a site that has 191 Applications. One is then referred to 4 document links as follows: • Engagement Neighbourhood Notice and Postcard I page • Environmental Impact Study 187 • Geotechnical Report 80 pages • Planning Justification Report 40 pages Important Information Unavailable to the General Public. • No application to the Region of Waterloo (the upper tier municipality) re. an amendment to the ROP (2022). • No specific site plan that delineates the buffers and setbacks • No traffic Study for Wilson Ave. between the intersection of Wabanaki Dr. and the cul-de-sac (parking area) near 1094 Wilson Ave. Page 277 of 295 * No studies re. parking of visitors to Homer Watson Park along Wilson Ave. at the subject site. * No consideration for the widening of Wilson Ave. into the ESPA 31 (Homer Watson Park). * No real consideration of lighting for the proposal as it affects the Natural Heritage area and the close residential property. o No consideration of any method of handling and removal of snow. Rationale for the City of the Kitchener to deny the Application 1. Parking History at 1036 Wilson Ave., Kitchener • Colt Canada and/or previous owners removed berms and landscaping at the manufacturing site at 1036 Wilson Ave. to allow expansion of the original building. This was permitted by the City. * Other expansions took place with permission from the City. This has resulted in serious reduction of the original parking spaces. +� Colt Canada has further reduced parking spaces at 1036 Wilson Ave. by having a space reserved for a static security vehicle, a static company truck and several bins. + Limitation of parking has resulted in regular illegal parking by employees on a right -of way adjacent to the Colt Canada property. 2. Application for Official Plan and Zoning Amendments * After many years of having the Region and City labeling the properties at: 1016A, ! 016B, 1016 D, 1082 and 1094 Wilson Ave., as Open Space, The Region and City, after site visits by staff of the Region, City and the GRCA, and during the comprehensive review of the zoning bylaw (CRoZBy), the City properly placed the appropriate zoning for the land use, i.e. Low Rise Residential. Serious proper planning would not contemplate or permit amendments within months (March 21, 2022). It is an insult to the word `planning' and the phrase `sound planning principles'. The application ignores the purpose, intention, and words of Section 5.2 of Zoning By -Law 2019-051. a) "Parking spaces and bicycle parking stalls shall be provided and maintained for each use located on a lot and shall be located on the same lot as the use(s) requiring the parking spaces and bicycle parking stalls. Land used for a hydro corridor on the same lot as the use(s) requiring the Page 278 of 295 parking spaces and bicycle parking stalls may be used for required parking spaces and bicycle parking stalls. b) Despite Subsection a), parking spaces, other than barrier -free accessible parking spaces, electric vehicle parking spaces, or visitor parking spaces may be located on another lot within 400 metres of the lot containing the use requiring the parking spaces. These parking spaces shall not be located on a lot within a residential zone, or OSR, NHC, or EUF zone unless it is within the same zone as the use requiring the parking spaces. " 3. The City Official Plan (2022) states: 3.2.7. To maintain the stability of Community Areas for residential purposes and related community infrastructure. Response: There has been a small residential community on Wilson Ave. for many decades. I have resided here for 50 years. Demolition of 2 homes is not maintaining this unique community. 3.C.2.2. The City will generally not support changes in land use designation and zoning within Urban Structure Components that could reduce the planned density and/or compromise the planned function or intended built form of Intensification Areas unless the City is satisfied that the change in land use designation and/or zoning will achieve other goals and objectives of this Plan. Response: The change in land use will not achieve the desired purpose of the Application. 3.C.2.6. The City will only consider expansions to Intensification Areas identified on Map 2 as follows: iv) the expansion to accommodate the additional lands is compatible with adjacent properties and the surrounding area. Response: The proposed intensification is not compatible with the surrounding Natural Heritage areas nor with the Low-rise Residential community. 4.1.5. To encourage and support the retention and rehabilitation of older housing or the reconstruction of existing housing to maintain the housing stock and the stability and community character of established residential neighbourhoods. Response: Demolition of scarce housing is not maintaining the housing stock and the stability and community character of an established residential neighbourhood existing for many decades. Page 279 of 295 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. Response: No demolition control application is apparent. 6.C.2.22. On lands zoned to recognize an existing use, a change in use may be permitted through a Zoning By-law Amendment provided: a) that the subsequent use is compatible with surrounding land use; Response: The zoning By-law Application must be denied since the subsequent use is incompatible with surrounding land use. i.e. Natural Heritage and Low-rise residential. 7.C.2.15. Where lands contain two or more features of the Natural Heritage System, the more restrictive policies in this Plan pertaining to those features will apply in the event of any conflict'. Response: There are. 3 Natural Features: Petrifying Springs ESPA, Homer Watson ESPA and the World Heritage Grand River. The more restrictive policy must apply. Deny the applications. 7.C.2.18, All proposals for development, redevelopment or site alteration within, or adjacent to, any features included as part of the Landscape Level System or Core Environmental Features outlined in Policy 7.C.2.17 will be reviewed in accordance with the Regional Official Plan. Response: No review has been presented re. the Regional Official Plan. 7.C.2.58. Notwithstanding Policy 7.C.2.57, where feasible, the City will consider acquiring land to protect and improve the Natural Heritage System. Response: The subject land is surrounded by Natural Heritage designation. This is an opportunity to acquire significant properties to extend, protect and improve this Natural Heritage system. 7.C.2.59. Any decision considered by the City for any development application with respect to land on or within adjacent lands of a natural heritage feature will be made in consultation with the appropriate authorities, in accordance with the policies of this Plan, using the best available information at that time. Response: The Reports submitted are replete with subjective comments and opinions without the benefit of peer review. 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 5 Page 280 of 295 sustainable development policies of the Plan and that sustainable development design standards are achieved. Response: The Official Plan is new (2022) and took years to develop. Its relevance is indisputable. The applications do not meet the sustainable development policies of the Plan and sustainable development design standards. 17.E.2.16. The City will consider applications for site-specific amendments to this Plan within the context of the policies and criteria set out throughout this Plan. The owner/applicant of an Official Plan Amendment may be required to submit satisfactory reports to demonstrate the rationale for the amendment and to evaluate and address such matters, including but not limited to the: a) conformity with Provincial and Regional policies and plans; b) conformity to the vision, goals, objectives and policies of this Plan; c) need for the proposed use; d) suitability of the lands for the proposed use; e) land use compatibility with the existing and future uses of surrounding lands; f) adequacy of infrastructure and community infrastructure to support the proposed use; and, g) precedents which may be established by the approval of the amendment. Response: No site-specific plan has been submitted and the application does not demonstrate the rationale for the amendment and to evaluate and address such matters, including but not limited to the: a) conformity with Provincial and Regional policies and plans; b) conformity to the vision, goals, objectives and policies of this Plan; c) need for the proposed use; (employment) d) suitability of the lands for the proposed use; e) land use compatibility with the existing and future uses of surrounding lands (Natural Heritage); f) adequacy of infrastructure and community infrastructure to support the proposed use; and, g) precedents which may be established by the approval of the amendment. (Demolition of structurally sound houses) 17.E.10.5. The City may require, as part of a complete application, a site plan, elevation drawings, 3D model, shadow study, angular plane analysis, urban design brief and/or urban design report and any other appropriate plans and/or studies in accordance with the Urban Design Policies in Section 11, to: a) demonstrate that a proposed development or redevelopment is compatible; b) address the relationship to and the privacy of adjacent residential development; and, c) ensure compatibility with the existing built form and the physical character of the established area and/or neighbourhood. b Page 281 of 295 Response: No site plan exists to satisfy the requirements of a), b), or c). 17.E.10.8. The City may conduct a peer review of any part of the submission or other information and materials submitted where necessary to determine whether the quality of the submission is satisfactory. Such peer review will be completed by an appropriate agency or professional consultant retained by the City at the owner/applicant's expense. Response: This is a prime example where a peer review is required of the sub'ective reports developed in the _interests of the proponent. 17.E.10.9. Additional information or reports may be required as part of the complete application in addition to the other information and materials listed in Schedule B: Other Information and Materials, where circumstances necessitate the need for such information in the decision- making process. Response: See other responses. 17.E.22.10.The City may require owners/applicants to fulfill conditions of site plan approval and enter into an agreement with the City relating to said conditions where there is construction of one or more buildings or structures, where the size of a building is to be substantially increased, where the intensity of a use is to increase, where there is the development of a parking lot, and/or in other circumstances deemed appropriate by the City pursuant to the provisions of the Planning Act. Response: A Site Plan must be required to ensure that all Zoning requirements are met without exception and that the application is in full compliance with the Planning Act. 17.E.11.2. The completion of an Environmental Impact Study or alternative environmental study does not guarantee that the proposed development, redevelopment or site alteration will be approved. Proposed development, redevelopment or site alteration will not be approved where it is in conflict with the other policies of this Plan; Response: The proposed development is in conflict with many policies of the Plan. See responses above. 17.E.25.1. The City may prepare, enact and enforce a Demolition Control By-law in accordance with the provisions of the Planning Act, to prevent the premature demolition of residential buildings within designated areas of the City. Response: The City must protect the 2 residential houses within the appropriately zoned Low-rise Residential zoning. The Cite recognized the need to chane the land use and zoning during the 7 Page 282 of 295 ri orous CRoZBY Drocess to recognize the need to maintain PO perties as residential. The Region endorsed this in the ROP. 17.E.25.3. The City will consider the following when reviewing demolition control applications: e) consultation with the neighbourhood where appropriate; and, f) any other site specific issues. Response: No consultation has taken place with neighbours, 17.E.26.1. The City may enact and enforce a Site Alteration By-law in accordance with the Municipal Act, to regulate the placement or removal of fill, or alteration of land that may disrupt natural vegetation and/or drainage. Response: Reference to this section is absent from all reports. 17.E.26.2. Should site alteration be undertaken without the approval of the City prior to a development application being submitted, the City may refuse to process the application until the site has been rehabilitated to the satisfaction of the City. 17.E,26.3. The City will encourage development and construction practices that minimize the levels of soil erosion and siltation. Response: In the absence of a specific site plan and any reference to the treatment of snow removal, the application should be denied. 4. Demolition of Residential Dwellings in a Low -Rise Residential Zone # In a time of a massive housing deficiency and where the province and the City is cutting ribbons and amending zoning by-laws to permit housing development, any reasonable person must conclude that "sound planning principles" becomes an oxymoron with respect to this application. 5. Failure to Conform with Provincial Legislation The City must dismiss the application on the basis of provincial legislation e.g. Provincial Policy Statement, 2020. • 1.2.6 Land Use Compatibility 1.2.6.2 Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative 8 Page 283 of 295 locations for the proposed use have been evaluated and there are no reasonable alternative locations; c) adverse effects to the proposed sensitive land use are minimized and mitigated. No alternative locations for the proposed use have been presented or evaluated. • 2.1 Natural Heritage 2. 1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area, and the long- term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Contrary to assertions in the biased Planning Justification Report, the subject properties are surrounded by Natural Heritage lands. 6. Expansion of the manufacturing facility Colt Canada at 1036 Wilson Ave. • The parking area was adequate for the original footprint of the structure at Colt Canada at 1036 Wilson Ave. and was adequate for the best part of 50 years. • The need for further manufacturing building capacity should take place on a different properly zoned site and thus maintain the parking space needs. Historically the company contemplated or had other sites to meet the manufacturing requirements thus recognizing that from time to time their employment needs varied in extremes along with the needs for parking for employees. This extreme exists in July, 2024. 7. Proposed New Parking at 1082 and 1094 Wilson Ave. • The notice of development depicts a tiny insert "Concept Drawing" 5.5 cm. X 5 cm. The parking spaces abut the Natural Heritage zoning with no set back. • This placement to the very lip of the very steep bank of the `World Heritage' Grand River does not provide mitigation from erosion or for destruction to the vascular plants during weather events let alone snow removal. This is of particular concern since the City does not exercise due diligence in managing the fencing and ongoing erosion at the lookout at Homer Watson Park that is within metres of the subject property. • It is of concern that the development proposes to pave over existing septic bed systems, lawns, etc. with impermeable material within metres of an Environmental Sensitive Policy Area (3 1) permanently changing the existing sources of water and moisture. 9 Page 284 of 295 • Existing topography on the properties is not level. Any changes will impact adversely the adjacent Natural Heritage areas. • There is an absence of consideration of any method of handling snow. A reasonable person could surmise that it will be plowed over the steep bank toward the Grand River or across Wilson Ave. into the Natural Heritage Areas. 8. Traffic on Wilson Ave. between 1016 Wilson Ave. and the Parking Lot at the Cul de Sac in Homer Watson Park • During Covid times and since, Homer Watson Park, Huron Natural Area, etc., have witnessed an unprecedented use. Insufficient parking has required visitors to park on Wilson Ave. extending from the cul-de-sac up the hill to 1036 Wilson Ave. I see no acknowledgement of this issue. Any widening of Wilson Ave. between 1036 Wilson and the frontage of 1094 would have irreparable repercussions on the existing Natural Heritage area. 9. Lighting at proposed new parking lot and on/in glass three-storey enclosed stairway and pedestrian bridge at 1082 and 1094 along Wilson Ave. The Planning Justification Report states: • "All exterior lighting to be directed away from the edge of the natural feature and only as bright as necessary;" • "Windows that do not have overhangs or do not have setbacks should have small decals or dots less than 2 inches apart to prevent avian window collisions." The current properties are quiet with large unlit areas suitable to the surrounding Natural Heritage areas. The proposed development is incompatible with the surrounding Natural Heritage areas and to the nearby residential property. 1O.Planning Justification Report • The mapping on page 8 is incomplete and misleading. While it recognizes and labels Low Density Residential within 800 metres of the subject properties, it does not recognize or label Low Density Residential within 400 metres of the subject properties. 10 Page 285 of 295 11. Concern for protection of rare native trees and shrubs on or adjacent to the properties. • Swamp Chestnut Oak • Witch Hazel (Hamamelis spp) • Various species of elm and beech Respectfully submitted, Neil E. Taylor C.c. Interested Parties. Page 286 of 295 Tim Seyler From: Jim McDowell Sent: Wednesday, July 10, 2024 9:41 PM To: Tim Seyler; 'Neil Taylor' Subject: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS You don't often get email fro n why thEr. is Ern ort@nt Good day, Tim, I attempted to connect via Zoom Wednesday evening several times. It seems to me that the person admitting participants may not have noticed me a few minutes into the meeting. I use Zoom all the time with no trouble. However, I did the next best thing - the phone connection - and heard the bulk of the meeting. Unfortunately phone particpants remained muted and could not speak, which is what I had planned to do. However, I am glad that you are receiving further input into the decision process and appreciated the moderation of the meeting. First off, I should acknowledge to you that a good part of my heritage is Mennonite from the earliest settlements in Niagara, Waterloo and Markham, and I'm quite aware of Colt's business! However, it is important to be fair, and I do subscribe to "just war" ideology with strong concerns for peace -making. Now about the Colt expansion. I appreciate the industrial and technological acumen of Waterloo region and know so many people who have contributed to that. Colt certainly should be able to expand and that will require the present parking lot unless they were to find a whole new building to become a viable option. It sounds as if they've considered it and I hope they will continue to explore that. Perhaps the city's decision will point them in that direction. My main point, Tim, is that I believe the day of single level carparks is essentially past. Could the city/region encourage Bell and Colt to co-operatively build a multilevel parkade on the Bell lot? Access to the new building would be very easy - across Taylor lane. Or could Bell be persuaded to relocate to a new space to allow for a Colt parkade? Failing that option, could the city/region encourage a multilevel parkade on a much smaller portion of the area being considered for paved single level parking. It would perhaps come up to the level of the factory, making a much more convenient entry path for employees and very easy driving access, descending down and going up from the Taylor lane level. Perhaps an elevator could be installed. The chief value of this would be the much smaller footprint onto the natural/residential area, and the possibility of sale of the recently vacated houses to owner -occupants. There are many things I'm not up to speed on, but I do believe the city/region has an opportunity to make a statement and perhaps a policy here about single level parking lots on our precious space, particularly space in heritage areas and downtown. I see much value in some civic leadership on this particular application. Page 287 of 295 Finally I will conclude with this. As you know, we had extensive rainfall today (hurricane's gift to S. Ontario). At 5:45 tonight I drove down Taylor lane into Taylor woods and once past the parking lots on either side of the lane, the idyllic atmosphere where the residences are was enchanting. It was nature at its best as the rain gently fell. As Shakespeare said, "all the glisters is not gold." I wanted to be able to speak that into the meeting tonight, but Zoom did not permit. As you likely know, I am a friend of Neil Taylor and share his love of the natural heritage. Neil has done far more than I in conservation efforts and I respect his multifaceted involvements, including his presentation tonight. He knows much more than I about details. But my over -arching broad strokes may have some value; so, with respect, I wish to speak through you into the application proceedings. To you, and all decision makers dealing with this, I say, do your best for the city and its children and their's, please. Thank you, Jim McDowell Kitchener Sent from Outlook From: Tim Seyler <Tim.Seyler@kitchener.ca> Sent: June 4, 2024 3:08 PM To: 'Neil Taylor' ; Jim McDowell Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS Hi Neil and Jim, Thank you for your comments. At this time no decision has been made on the application, and all the comments received during the commenting period will be taken into consideration. I have added your emails to my email list to receive further information, and you can also get up to date information on the City's website. Let me know if you would require any more information. https://experience.arcgis.com/experience/bb2db3e6lbd043209clfl6dl6a3cedOc/page/Current- Applications/#data s=id%3AdataSource 10 -Planning Applications Active 5584%3A112 To answer your questions, the 2 residential dwellings that are currently on the properties are proposed to be removed. They have been vacant for some time now. The properties are proposed to be used for parking, as the existing building on 1036 Wilson is proposed to be expanding and constructing within the current parking area, the parking is then being relocated to this location. Should the application be approved and move forward, a storm water management brief will be required as part of a complete site plan application and our engineering staff will ensure that stormwater will be handled correctly. Further to Jim's question, this is not near Bleams Rd. as the closest intersection that Bleams intersects is the roundabout at Manitou Dr.. This is a fair distance from that. If you have further questions, please let me know. Thanks, Page 288 of 295 Tim Se ler From: Neil Taylor Sent: Thursday, July 11, 2024 9:21 AM To: Tim Seyler Subject: Zoom Meeting Good morning Tim Could you provide me a copy of the presentations made last night? I was unable to see the various people in attendance at the Zoom meeting. That is the first time I have experienced that. Accordingly could you provide me with the list with their contact information as soon as possible? Respectfully requested, Neil (E. Taylor) https://www.fightforfarmland.com/ https://images.squarespace-cdn.com/content/v1/65fca845277db5669ac677f7/643bled8-15d7-4d90-8a96- b21f36371a20/Fight+For+Farmland+Logo+Transparent+two+tonwshorizontal.png?format=1500w https://www.facebook.com "Adopt the pace of nature: her secret is patience." - Ralph Waldo Emerson (1803-1882) "The richness I achieve comes from nature, the source of my inspiration." - Claude Monet "In the end, we conserve only what we love, we will love only what we understand and we will understand only what we are taught." -- Baba Dioum Page 289 of 295 NFAL E. TAYLOI; UrCHENE13, ON July 12, 2024 Attention: Tim Seyler, Senior Planner, City of Kitchener, Please distribute to the Mayor and Council: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. And Planning Justification Report GSP Group (Report) And Provincial Policy Statement, 2020 And Places to Grow: Growth Plan for the Greater Golden Horseshoe As I have said before, this application is not for a simple "proposed development". Staff recognized already before the neighborhood meeting on zoom that concerns had been raised about house demolition, lighting on the subject properties, effects on the surrounding Natural Heritage Areas, traffic on Wilson Avenue adjacent to the properties and failure to conceive of a method of snow removal on the proposed new parking area at 1082 and 1094 Wilson Avenue. None of these issues were addressed in the meeting. ➢ I submit that the failure of the notice and posted sign with its incomplete information did not inform the public in a transparent manner. Witness the lack of public participation in spite of the often flaunted invitation to the public to "ENGAGE'. I reiterate that the information on the postcard and on the identical posted sign at the subject property is incomplete and misleading. There is no real indication to the public of the intent to demolish 2 well -constructed habitable houses and a third structure. I Page 290 of 295 ➢ The postcard boldly states with accompanying icons that the purpose is "Employment Use" and "Relocation of Parking". The report states that Colt currently has 149 employees. I did not hear at the public meeting any suggestion that the employment number will increase if the Application is successful. The purpose for the Application with accom an in reports can not be achieved. ➢ That a specific site plan that delineates the buffers and setbacks for the development as well as the location and height of lighting, etc., is still unavailable leaves a reasonable person to question the plan and whether it is in full adherence to all zoning requirements. This site plan should include the setbacks at the proposed additions at 1064 Wilson Avenue. ➢ The Planning Justification Report has not been peer reviewed. It contains unsubstantiated subjective responses to criteria. At the zoom meeting, it was suggested that various agencies and stakeholders had reviewed all the reports. That is not even close to the standard expected in a true Peer Review. Important Information still not answered or provided: • No application to the Region of Waterloo (the upper tier municipality) re. an amendment to the ROP (2022). • No specific site plan that delineates the buffers and setbacks • No traffic Study for Wilson Ave. between the intersection of Wabanaki Dr. and the cul-de-sac (parking area) near 1094 Wilson Ave. • No studies re. parking of visitors to Homer Watson Park along Wilson Ave. at the subject site. • No consideration for the widening of Wilson Ave. into the ESPA 31 (Homer Watson Park). No real consideration of lighting for the proposal as it affects the Natural Heritage area and the close residential property. + No consideration of any method of handling and removal of snow. Please reply to each and every rationale for the City of the Kitchener to deny the Application as outlined in my July 4th letter to the city. Concerning no application for amendment to the regional official plan Official Plan, no official from the region was present at the public information meeting to respond. Page 291 of 295 No consultation has taken place with neighbours at any time during the studies or during the concept design. Re. Proposed New Parking at 1082 and 1094 Wilson Ave., the representative from Colt and city staff did not respond to the suggestion that there is more appropriate parking available at the northeast corner of Wabanaki and Wilson Avenue. 1. Traffic on Wilson Ave. between 1016 Wilson Ave. and the Parking Lot at the Cul de Sac in Homer Watson Park The current properties are quiet with large unlit areas suitable to the surrounding Natural Heritage areas. The proposed development is incompatible with the surrounding Natural Heritage areas and to the nearby residential property. Re. Planning Justification Report there seems to have been a determined denial of recognizing existing low-level residential homes adjacent to the subject property. This is evident in mapping that fails to label Low Density Residential within 400 metres of the subject properties. One property is within 50 m of the subject properties. Respectfully submitted, Neil E. Taylor C.c. Interested Parties. Page 292 of 295 Tim Se ler From: David Alton they -them < Sent: Thursday, July 18, 2024 10:22 AM To: Garett Stevenson Cc: Natalie Goss; Tim Seyler; Debbie Chapman Subject: Re: Back from sick leave You don't often get email from I rlHrn this is important Hi Garett, Thank you for the insights. From what I am hearing from you is that because it is a currently operating use, I would need to get the federal government to remove their license to cease operations. And then to have zoning exclude future weapons manufacturing facilities, I would need to find sufficient planning rationale, either through arguing an interpretation of current policy or through lobbying the province to update policy in ways that more explicitly prohibit this land use. My next question I think is for the licensing team. Can we create a licensing process for manufacturers that would add stipulatations to how weapons facilities operate? I am going to keep digging. I know this is an uphill battle, but might as well shake every tree :) I will see Tim at the August committee meetings :) David On Tue, Jul 16, 2024 at 6:02 PM Garett Stevenson <Garett.Stevenson kitchener.ca> wrote: Hi David, Councillor Chapman passed along your other email as well. Tim Seyler is currently processing an Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) application to allow for a new parking area and expansion of the existing facility. The details of the application can be found here - https:Happ2.kitchener.ca/AppDocs/0penData/AMANDADataSets/Supportinq Documents List 714348.pdf The OPA is seeking a land use change from Low Rise Residential to General Industrial Employment. This would allow for a parking lot in the area currently cleared of trees. The zoning will allow for parking and the expansion. Page 293 of 295 The proposal is to relocate the existing parking lot further down Wilson Avenue and add an addition to the existing facility at 1036 Wilson Ave. No development will be permitted within lands designated Natural Heritage. City, Regional and GRCA staff are reviewing further materials including an Environmental Impact Study. Two residential dwellings are proposed to be demolished that are currently vacant. The applications are being reviewed from a land use planning perspective. While I appreciate the political nature and sensitivity of the use (weapons manufacturing), especially given current global conflicts, there is no land use planning rationale to support a prohibition of this particular manufacturing use. Further, firearms in Canada are regulated by the federal government and any manufacturing of weapons requires a federal license from the Chief Firearms Officer. Even if the City did attempt to prohibit this use through the Zoning By- law, the existing operation would be legal non -conforming and could continue and could be expanded in accordance with the Planning Act. The OPA and ZBA applications are scheduled for the Planning and Strategic Initiatives Committee meeting on August 12 and Council on August 26. Please let me know if you would like to discuss further. Thanks, Garett Stevenson (he/him), BES, RPP, MCIP Director, Development and Housing Approvals Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-9994 1 garett.stevenson(cDkitchener.ca 600000000 From: David Alton they -them Sent: Tuesday, July 16, 2024 12:29 PM To: Garett Stevenson <Garett.Stevenson@kitchener.ca>; Natalie Goss <Natalie.Goss@kitchener.ca> Subject: Back from sick leave Hi Garett and Natalie, Page 294 of 295 I am off my sick leave finally! Let me know when you want to connect next about LEWG. In the meantime I hope you will let me do a bit of advocacy. I saw that the Colt factory is seeking an expansion. Can you keep me posted on public meetings for that process so I can disrupt it. Furthermore, I have been talking to councilors about the need to restrict arms manufacturing in the city. Debbie connected me to Steve in bylaw who says their is nothing on the books, yet. I think there are bylaws possible as plenty of municipalities have bylaws against arcades and similar'morally depraved' (lol) businesses. Steve also pointed me to yall as zoning could have weapons manufacturing as a restricted use. I know its probably going to take several years to implement such zoning or a bylaw. But can you help point me in the right direction so I can direct my mennonite pacifist army of advocates in the right direction? -David Page 295 of 295