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Home My WebLink AboutPSI Agenda - 2024-09-16�i IIL � voi ism Planning & Strategic Initiatives Committee Agenda Monday, September 16, 2024, 6:30 p.m. - 8:30 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the delegation section on the agenda below for in-person registration and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www. kitchener. ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 None 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 4:30 p.m. on September 16, 2024, in order to participate electronically. 4.1 Item 5.2 - Andrea Sinclair, MHBC Planning 5. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 5.1 Zoning By-law Amendment Application 30 m 3 ZBA24/017/M/CD, 328-330 Mill Street, 1658194 Ontario Ltd., DSD -2024-371 (Staff will provide a 5 -minute presentation on this matter.) 5.2 Official Plan Amendment Application 30 m 56 OPA24/008/KJES, Zoning By-law Amendment Application ZBA24/014/K/ES, 2980 King Street East, Charcoal Properties Limited, DSD -2024- 375 (Staff will provide a 5 -minute presentation on this matter.) 6. Discussion Items 6.1 Way finding and Branding for City -Wide Active 20 m 124 Transportation Routes, DSD -2024-378 (Staff will provide a 5 -minute presentation on this matter.) 7. Information Items 7.1 Planning Quarterly Q3 Report, DSD -2024-400 136 8. Adjournment Mariah Blake Committee Coordinator Page 2 of 164 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 16, 2024 SUBMITTED BY: Garett Stevenson, Director and Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO.: August 16, 2024 DSD -2024-371 SUBJECT: Zoning By-law Amendment Application ZBA24/017/M/CD Address: 328-330 Mill Street Owner: 1658194 Ontario Ltd. RECOMMENDATION: That Zoning By-law Amendment Application ZBA24/017/M/CD for 1658194 Ontario Ltd. be refused. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Zoning By-law Amendment Application for the property located at 328- 330 Mill Street. It is Planning staff's recommendation that the Zoning By-law Amendment Application be refused. 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, o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on August 6, 2024; o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site and those who responded to the preliminary circulation; o notice of the public meeting was published in The Record on August 23, 2024. This report supports the delivery of core services. These applications were deemed complete on June 24, 2024. The Applicant can appeal these applications for non -decision after September 24, 2024. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 3 of 164 EXECUTIVE SUMMARY: Planning staff is recommending refusal of the requested Zoning By-law Amendment Application to add a new Site -Specific Provision to allow for: a reduction in bicycle parking to permit a Class A bicycle parking ratio of 0.535 Class A bicycle spaces per dwelling unit; an increase in the maximum building length of 60.45 metres and a reduction in lot width and in building setbacks and building step backs in the rear, front and side yards which would result in a large 20 -storey slab tower that would not meet the direction of the Council approved Tall Building Guidelines or recently approved new Strategic Growth Area (SGA) form based policies and regulations. The SGA Zoning is an award winning form based zoning approach, adequate justification has not been provided, the requested reductions do not meet the new SGA land use policies in the Official Plan, and many of the requested zoning regulation amendment are not needed if the building was designed to meet the regulations. SGA Zoning is an approved, bold approach that removed floor space ratio maximums and vehicle parking minimums. These fundamental changes to Kitchener's planning framework are game -changing and visionary; they will allow a lot more housing to be built, more affordably, on a lot less land. The built -form regulations that come with this approach provide a critical balance that protects for the health, safety and quality of life of all community members, existing and new. BACKGROUND: The Owner, 1658194 Ontario Ltd., has made an application to the City of Kitchener for a Zoning By-law Amendment proposing to amend the zoning of the lands at 328-330 Mill Street to add a new Site -Specific Provision to allow for; a reduction in bicycle parking to permit a Class A bicycle parking ratio of 0.535 Class A bicycle spaces per dwelling unit; an increase in the maximum building length of 60.45 metres and a reduction in lot width and in building setbacks and building step backs in the rear, front and side yards which would result in a large 20 -storey slab tower that would not meet the direction of the Council approved Tall Building Guidelines or recently approved new Strategic Growth Area (SGA) form based policies and regulations. The subject lands are located within the City's delineated built up area, within a Major Transit Station Area. In March of 2024 Council approved `Growing Together' which changed the land use of the subject lands to `Strategic Growth Area - C (SGA -C)' in the City of Kitchener's Official Plan and the zoning to `Strategic Growth Area Three Zone (SGA -3)' in Zoning By-law 2019-051. The SGA -C land use designation is applied to large, underutilized sites and properties next to ION station stops, where high-density intensification can be supported, is expected, and is planned for. Existing SGA -3 zoning permissions include: • Residential and Commercial uses. • Maximum building height of 28 storeys. • 0 vehicle parking spaces required. • 1 Class A (indoor secured) Bicycle Parking Space required per dwelling unit. Page 4 of 164 Form based regulations for towers such as building length and floor plate area maximums, as well as physical separation. Figure 1: Existing Planning Land Use Specific Policy Area 0 Site Context The subject lands are addressed as 328-330 and are situated within a "Protected Major Transit Station Area' as identified on the City's Urban Structure map in the Official Plan. The subject lands are comprised of two parcels of lands municipally known as 328 and 330 Mill Street. The consolidated parcels form a large irregular parcel of land having an area of 0.31 hectares (0.77 acres) with frontage along Mill Street. The subject lands are currently developed with a commercial office building at 330 Mill Street and a single detached dwelling at 328 Mill Street. The surrounding neighbourhood is developed with a range of commercial, industrial and institutional uses along with a mix of high, medium and low density residential dwellings. Page 5 of 164 Landuse Strategic Growth Area A vay Strategic Growth Area B Strategic Growth Area C o Tower Innovation District Market District a Corridor Low Rise Residential Medium Rise Residential High Rise Residential odplain Mixed Use 11 General Industrial Employment Institutional indary Natural Heritage Conservation Open Space Major Infrastructure and Utililie No new Landuse Assigned ...t Subject to site-specific -.- application under consideratior Subject to ongoing Ontario Land Tribunal (OLT) appeal Floodway, Greenspaces & SchneidedShoemaker Creek Naturalization Areas Specific Policy Area 0 Site Context The subject lands are addressed as 328-330 and are situated within a "Protected Major Transit Station Area' as identified on the City's Urban Structure map in the Official Plan. The subject lands are comprised of two parcels of lands municipally known as 328 and 330 Mill Street. The consolidated parcels form a large irregular parcel of land having an area of 0.31 hectares (0.77 acres) with frontage along Mill Street. The subject lands are currently developed with a commercial office building at 330 Mill Street and a single detached dwelling at 328 Mill Street. The surrounding neighbourhood is developed with a range of commercial, industrial and institutional uses along with a mix of high, medium and low density residential dwellings. Page 5 of 164 Figure 2 — Location Map: 328-330 Mill Street REPORT: The applicant is proposing to develop the lands with a 20 -storey mixed-use building, having 293 dwelling units with commercial units on the ground floor. The `as of right' new `SGA -3' zoning Council Approved in March 2024 permits a 28 -storey mixed-use development with 0 parking spaces. The applicant is requesting a Zoning By- law Amendment to Zoning By-law 2019-051 to add a new Site -Specific Provision to allow for-, a reduction in bicycle parking to permit a Class A bicycle parking ratio of 0.535 Class A spaces per dwelling unit-, an increase in the maximum building length of 60.45 metres and a reduction in lot width and in building setbacks in the rear, front and side yards as follows: For Entire Building: • Reduce the minimum front, rear and westerly interior side yard setbacks from 3.0 metres to 1.0 metre. • Reduce a portion of the easterly interior side yard setback from 3 metres to 1.0 metre to accommodate a portion of the parking garage structure. For Storeys 7-12 • Reduce the minimum front yard setback from 6.0 metres to 3.3 metres. • Permit a maximum building length of 60.45 metres whereas a maximum building length of 60.0 metres is permitted. • Reduce the minimum physical distance from 6 metres to 4.9 metres to the east lot line and 5.4 metres to the north lot line. For Storeys 13-18 • Reduce the minimum front yard setback for storeys 13-17 from 6.0 metres to 3.3 metres. Page 6 of 164 Permit a maximum building length of 60.45 metres for storeys 13-15 whereas a maximum building length of 54.0 metres is permitted. Reduce the minimum physical distance from 9 metres to 6.0 metres for storeys 13- 17 and 7.0 metres for storey 18 to the west lot line, 5.4 metres for storeys 13-17 to the north lot line and 4.9 metres to the east lot line. For Storeys 19-20 • Reduce the minimum lot width from 42.0 metres to 38.63 metres. • Reduce the minimum physical distance from 12 metres to 4.9 metres to the east lot line and 7.0 metres to the west lot line. The subject lands are currently designated and zoned for redevelopment and the existing zoning allows for a mixed used building up to 28 storeys in height. Staff are not supportive of this proposed 20 storey building with reduced building setbacks and step backs, as the subject lands are large enough to accommodate a well-designed mixed used building that positively contributes to the public realm and city's skyline and meets the in place form based zoning regulations and Tall Building Guidelines. A redesigned building taller (up to 28 storeys in height) that meets the zoning setbacks and steps will allow for 293 dwelling units or more with commercial units on the ground floor. Page 7 of 164 110 % I0 % 0 1 I 10 ,. 1 0 ' �0, I 010, 00 =SIJ a!� N 00, 00 0 0,0 010 xI � 000-�' 0 0 0 00 Ilk �giiii A I. foll "Wo �� - � ■ IIS t 330 MILL STREET MASRI O ARCHITECTS f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing has approved an integrated province -wide land use planning policy document, replacing the current Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which will come into effect October 20, 2024 (after a decision is made on these applications). Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable, and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health, and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is near transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed-use development represents an attainable form of market-based housing. Page 9 of 164 Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit, trails, and parks. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Planning staff is of the opinion that the application conforms to the Growth Plan. Page 10 of 164 Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. This neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The subject lands are located in the Mill Station (MTSA) in the ROP. The minimum density target within the Mill Station MTSA is 160 residents and jobs/ha. The density proposed through this application exceeds the density target of 160 residents and jobs/ha on a site specific basis and the proposed development would contribute to the achievement of the overall density target for the Mill Station MTSA. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the application conforms to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Complete Community A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute to a complete community with 293 residential units and future commercial uses on the subject lands. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas Page 11 of 164 are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Protected Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Protected Major Transit Station Area. The planned function of the Protected Major Transit Station Areas is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian - friendly and transit -oriented. Policies also require that development applications in Protected Major Transit Station Areas give consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby transit and future rapid transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Given the close proximity to various cycling networks the minimum Class A bicycle parking needs to continue to be met through the implementing zoning to encourage alternative, sustainable modes of transportation. The proposed development is located in a prime location for high intensity mixed use development. The subject lands are in close proximity to the Mill Station ION Stop. Future redevelopment of the lands will support the City's policies for a Major Transit Station Area and also contributes to the vision for a sustainable and more environmentally -friendly city. Land Use The subject lands are designated `Strategic Growth Area C' in the City of Kitchener's Official Plan. The `Strategic Growth Area C' land use designation is intended to accommodate significant intensification at high density. Lands designated `Strategic Growth Area C' are generally centrally located within Intensification Areas and/or represent redevelopment opportunities at higher density. It is anticipated that some areas within the `Strategic Growth Area C' land use designation will require the assembly of lands for development. Further, some lands designated `Strategic Growth Area C' are adjacent to lands planned for medium rise uses or which contain existing low rise residential uses. As such, the implementing zoning may restrict building height as an interim measure to ensure orderly development through a development application demonstrating that the policies of this plan are met. 3.C.2.11. The City will discourage a reduction in the lot area of property if the reduction in lot area has the potential to compromise intensification. Consolidation of properties will be encouraged in the interest of comprehensive planning to Page 12 of 164 achieve better site configuration, the provision of amenities and land use and design efficiency. 15.D.2.5. Notwithstanding policies 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or amendment to the Zoning By-law, and/or seek to amend this Plan will consider the following factors: a) compatibility with the planned function of the subject lands and adjacent lands; b) suitability of the lot for the proposed use and/or built -form; c) lot area and consolidation as further outlined in Policy 3.C.2.11-1 d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; e) cultural heritage resources, including Policy 15.D.2.8; and, f) technical considerations and other contextual or site specific factors. 15.D.2.6. The implementing zoning may regulate matters related to built form including, but not limited to, building length, floor plate area, on-site separation between buildings, and off-site separation between buildings. 15.D.2.7. Large scale developments will be expected to provide appropriate landscaping in accordance with the City's Urban Design Manual through the Site Plan Control process. 15.D.2.75. Lands designated Strategic Growth Area C may have no maximum building height. The implementing zoning may limit building heights. 15.D.2.76. Where the implementing zoning has a maximum building height in accordance with Policy 15.D.2.46, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5. Design in Protected Maior Transit Station Areas 11.C.1.34. New tall building development and/or redevelopment will have consideration for tall building design principles including physical separation, overlook, relative height, floor plate area, building length, tower placement, orientation and building proportion, among others. The City will provide design criteria for tall buildings through zoning regulations and the urban design manual, where appropriate. This is to: a) mitigate environmental impacts caused by tall buildings such as shadows, accelerated winds, access to light and sky and more; Page 13 of 164 b) create high-quality design relationships between the built -forms of multiple adjacent or nearby towers that account for occupant privacy and quality of life, contribute toward a visually interesting skyline, and ensure good compatibility between buildings in dense, urban environments. c) ensure good compatibility with surrounding low and mid -rise contexts. d) ensure that the development of future, adjacent or nearby tall buildings is not frustrated and can continue to achieve high-quality design principles. 11.C.1.36. In addition to the policies in this section, development and/or redevelopment and public works will require a high standard of urban design in Protected Major Transit Station Areas and will require a site specific urban design brief and/or urban design report in accordance with Section 17.E.10 to demonstrate how the development application exemplifies high quality urban design and will contribute to the public realm and placemaking in the station area and around the station stop. 11.C.1.37 The City will require development and/or redevelopment and public works in the Protected Major Transit Station Area to support and contribute to a high quality public realm. To do this the City will: a) ensure streetscape design supports safe and comfortable walking, cycling and rolling throughout the station area, including to and from transit stops. b) require a high quality public realm at grade which includes sidewalks, street furniture, street trees and landscaping. Where this is not achieved within the public right of way, encourage these placemaking elements to be located on private property or in shared ownership. c) require developments to support, maintain and/or increase the tree canopy, where possible, to support Kitchener's Sustainable Urban Forestry Strategy. d) encourage Low Impact Development ("LID") water management techniques, including materials and plantings that have a high infiltration rate within boulevards and setbacks, to reduce the impact on the city's stormwater management system; e) encourage landscape screening between the public right of way and any visible surface parking, loading/service areas or back of house functions. f) encourage pedestrian shelter and bicycle parking along streets that connect to transit stops and/or contain existing or planned active transportation infrastructure. g) encourage direct connections from private and public development to existing and proposed active transportation infrastructure, such as public trails; Page 14 of 164 h) encourage the provision of public open spaces, public art, wayfinding, and other creative placemaking interventions in private developments; and, i) require active transportation connections and mid -block connections through development and/or redevelopment, where appropriate." Tall Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed for conformity of the requested zoning amendment with the intent of the Official Plan. City staff have concerns with the proposed tower as it does not implement the overall intent of the City's Design for Tall Building Guidelines. More specifically, the proposed development does not fully meet the off-site separation distance requirements of the Design for Tall Building Guidelines and Growing Together zoning regulations. The Council approved Growing Together framework was developed using built -form zoning regulations such as building length and floor plate area maximums, as well as physical separation. These work in combination to protect the privacy of new residents, ensure access to light for all units, and provide "breathing space" between buildings much like yard setbacks do for single detached houses. It also limits shadow, wind and other impacts on existing and future nearby residents. Without these regulations, buildings can create significant effects on the surrounding environment and can impact the future development potential of nearby properties. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located in close proximity to the Mill ION Station Stop. The building has excellent access to cycling networks, including existing on and off-street cycling facilities and is located in close proximity to the Iron Horse Trail. The location of the subject lands, in the context of the Page 15 of 164 City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. Given the close proximity to various cycling networks the minimum Class A bicycle parking needs to continue to be met through the implementing zoning to encourage alternative, sustainable modes of transportation. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further implemented at the site planning approval process through the detailed design review of a future building that complies with the form based zoning regulations. Proposed Zoning By-law Amendment (Zoning By-law 2019-051) The applicant is proposing to develop the lands with a 20 -storey mixed-use building, having 293 dwelling units with commercial units on the ground floor. The `as of right' new `SGA -3' zoning Council Approved in March 2024 permits a 28 -storey mixed-use development with 0 parking spaces. The applicant is requesting a Zoning By- law Amendment to Zoning By-law 2019-051 to add a new Site -Specific Provision to allow for; a reduction in bicycle parking to permit a Class A bicycle parking ratio of 0.535 Class A bicycle spaces per dwelling until; an increase in the maximum building length of 60.45 metres and a reduction in lot width and in building setbacks and building step backs in the rear, front and side yards. Staff are not supportive of the 11 requested site specific regulations as follows: For Entire Building: 1. Reduce the minimum front, rear and westerly interior side yard setbacks from 3.0 metres to 1.0 metre. This change requires justification that has not been provided. What site specific factors prevent the setback from being met and how is the intent of the regulation (adequate space between buildings, room for landscaped area, tree canopy and drainage, access Page 16 of 164 to light, privacy and safety for building occupants, and more) met through other means? 2. Reduce a portion of the easterly interior side yard setback from 3 metres to 1.0 metre to accommodate a portion of the parking garage structure. This change requires justification that has not been provided. What site specific factors prevent the setback from being met and how is the intent of the regulation (adequate space between buildings, room for landscaped area, tree canopy and drainage, access to light, privacy and safety for building occupants, and more) met through other means? 3. Reduce the minimum required Class A Bicycle Parking Stalls from 1 per dwelling unit to 0.535 per dwelling unit. Transportation Services and Planning Staff do not support the requested bicycle parking rate. A key principle of the Strategic Growth Area land uses and zones is that we can plan for the newly increased density permissions within the Growing Together planning framework only if there is a significant reduction the space needed to accommodate personal vehicles and return the space typically used for cars back to the people who will be living in these very dense developments. Part of this requires that people have more mobility options that are conveniently accommodating, including but not limited to Class A secure bicycle parking. For Storeys 7-12 4. Reduce the minimum front yard setback from 6.0 metres to 3.3 metres. This change would negatively impact the ability of the development to achieve a human -scale along Mill Street. This will impact pedestrian comfort, reduce access to daylight and increase cumulative wind impacts. Meeting this regulation would also allow the building to meet the maximum building length regulation of 60 metres. 5. Permit a maximum building length of 60.45 metres whereas a maximum building length of 60.0 metres is permitted. This change is minor and could be supported if the building were able to achieve other regulations, particularly in this case physical separation. However, other, related regulations are not met, nor is a site-specific contextual justification provided for why they are not met, nor is it demonstrated how the intent of the regulations is being met in other ways. 6. Reduce the minimum physical distance from 6 metres to 4.9 metres to the east lot line and 5.4 metres to the north lot line. (east) This change may be supportable if it were sufficiently demonstrated that a building above 6 -storeys is not possible on the adjacent lot to the east. This justification has not been provided. Page 17 of 164 (north) This change is minor and could be supported if the building were able to achieve other regulations, particularly in this case building length (which it does not) and other physical separations (which it does not). For Storeys 13-18 7. Reduce the minimum front yard setback for storeys 13-17 from 6.0 metres to 3.3 metres. This change would negatively impact the ability of the development to achieve a human -scale along Mill Street. This will impact pedestrian comfort, reduce access to daylight and increase cumulative wind impacts. Meeting this regulation would decrease the building length from 60.45 metres to approximately 57.75 metres. Further, meeting the physical separation requirement of 9 metres (item 9) rather than the proposed 5.4 metres would reduce the building length to approximately 54.0 metres, or the building length maximum in the regulation. As demonstrated, these adjustments show how the built -form regulations combine to ensure compatible development and work relative to one another to be easily achievable with minor adjustments. 8. Permit a maximum building length of 60.45 metres for storeys 13-15 whereas a maximum building length of 54.0 metres is permitted. As demonstrated above, minor adjustments to the front yard setback to meet the regulation and minor adjustments to the rear -yard physical separation to meet the regulation, would also result in the building length maximum being met. These regulations determine the maximum permitted density on a property and ensure adequate building performance to protect for the health, safety, privacy and security of building occupants, mitigate against cumulative environmental impacts such as shadows and wind, and more. Moreover, because these building regulations determine density permissions within a development, it is critical that they be met so enable our ability to continue to plan for the orderly development of our intensification areas, plan for future infrastructure, and ensure that all lands within our intensification areas maintain their ability to develop to the permissions granted by the Strategic Growth Area land uses and zones. 9. Reduce the minimum physical distance from 9 metres to 6.0 metres for storeys 13-17 and 7.0 metres for storey 18 to the west lot line, 5.4 metres for storeys 13-17 to the north lot line and 4.9 metres to the east lot line. Justification for this change has not been provided, nor has it been demonstrated how the intent of the regulation has been met. See above comments for further information on why this justification is necessary and how meeting the regulations ensures the orderly development of Kitchener's intensification areas, particularly within a framework where the maximum permitted density of a development is determined via these regulations and not through flat caps on Floor Space Ratio or Gross Floor Area as is the case in other cities. Page 18 of 164 For Storeys 19-20 10. Reduce the minimum lot width from 42.0 metres to 38.63 metres. Minimum lot width was determined through modeling and analysis as the minimum amount of land required to meet the density regulations in the Strategic Growth Area zones. As demonstrated above, the proposed development fails to meet a range of important regulations, and it is therefore not demonstrated that the proposal can adequately meet the intent of the minimum lot width regulation and a reduction to that lot width is therefore not justified. 11. Reduce the minimum physical distance from 12 metres to 4.9 metres to the east lot line and 7.0 metres to the west lot line. Justification for this change has not been provided, nor has it been demonstrated how the intent of the regulation has been met. See above comments for further information on why this justification is necessary and how meeting the regulations ensures the orderly development of Kitchener's intensification areas, particularly within a framework where the maximum permitted density of a development is determined via these regulations and not through flat caps on Floor Space Ratio or Gross Floor Area as is the case in other cities. This change would negatively impact the ability of neighbouring properties to redevelop. It would compromise the quality of life, safety and privacy of building occupants. Along with several of these other unmet regulations, it would create a scenario where residents of this building would rent or purchase a unit but be unaware that a neighbouring building at a similar scale could be built very closely on a neighbouring property, having a detrimental impact on their quality of life that they would be unable to account for. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to add a new Site Specific Provision to allow for a reduction in bicycle parking to permit a Class A bicycle parking ratio of 0.535 Class A bicycle spaces per dwelling until; an increase in the maximum building length of 60.45 metres and a reduction in lot width and in building setbacks and building stepbacks in the rear, front and side yards has not been justified and recommends that the proposed Zoning By-law Amendment Application be refused. Department and Agency Comments: Circulation of the Zoning By-law Amendment Application was undertaken in June 2024 to all applicable City departments and other review authorities. Concerns were identified by commenting City departments and staff are not in a position to support the proposed Zoning By-law Amendment. Copies of the comments are found in Attachment `B' of this report. Page 19 of 164 The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: • Planning Justification Report Prepared by: JV Development and Planning Consulting, March 2024 Addendum Letter prepared June 2024. • Archaeological Assessment Prepared by: ARA Heritage, February 2024 • Urban Design Report Prepared by: Masri O Architects, March 2024 • Shadow Study Prepared by: Masri O Architects, March 2024 • Transportation Impact and Parking Justification Study Prepared by: Paradigm Transportation Solutions, February 2024 • Functional Servicing and Stormwater Management Report Prepared by: MTE Engineering, February 2024 • Sustainability Statement Prepared by: Masri O Architects, March 2024 • Road -Rail -Traffic & Stationary Noise Impact Study Prepared by: Acoustic Engineering Inc, November 2023 Community Input & Staff Responses WHAT WE HEARD 419 addresses (occupants and property owners) were circulated and notified 4 people/households/businesses provided comments A City -led Neighbourhood Meeting was held on August 6, 2024, and 8 users logged on Staff received written responses from 4 residents with respect to the proposed development. The comments received are included in Attachment `C'. A Neighbourhood Page 20 of 164 Meeting was held on August 6, 2024. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Concerns the proposed A Traffic Impact Study was submitted and reviewed development will create traffic by City and Regional Transportation staff who did that existing roads can not not identify any major traffic concerns as a result of handle. the proposed development nor were any new traffic signals warranted as a result of the proposed development. The building should not exceed The as of right Land use and Zoning permits up to 5-6 storeys in height. 28 Storeys in height. Affordable Units should be A mix of dwelling unit types and unit sizes are provided and the development proposed. The two (2) bedroom dwelling units could should be subject to Inclusionary offer a more affordable option for future Zoning owners/tenants who could share some living costs. The subjects are located just within a PMTSA (Protected Major Transit Station Areas) and the City's Inclusionary Zoning regulations will apply starting in 2025. Three bedroom units should be The City of Kitchener does not regulate number of included in the proposed bedrooms. While the City does not regulate the development. number of bedrooms, a mix of unit types is strongly encouraged. In September 2022, we received new housing census data — we know; ■ We have 99,805 dwelling units in Kitchener 61 % are 3+ bedrooms. We also know household data now as well: ■ 58% of households have 1-2 people (26% 1 person, 32% 2 people). ■ 15% of all dwellings are in buildings greater than 5 storeys. When a comparison is made between the household and housing data, we have 27,000 3+ bedroom homes which are occupied by one or two people. This means that 44% of all large units in Kitchener have more bedrooms than people living in the dwelling. Page 21 of 164 Planning Conclusions In considering the foregoing staff remaining supportive of the Council approved SGA -3 formed based zoning regulations and a redesign of building for the subject lands is required. Planning staff are recommending that the Zoning By-law Amendment application be Refused. Planning staff are not satisfied with the justification provided for the requested reductions in these regulations. Much of the relief requested, if not all, with these applications is not needed with a redesign of this building and/or an additional lot consolidation. Built -form zoning regulations are a critical component of building a healthy, safe environment for all who live, work, and visit Kitchener's PMTSAs, while still allowing for abundant housing supply. Planning staff cannot support an application that could have the potential to frustrate or neutralize development on neighbouring sites. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget - The recommendation has no impact on the Operating Budget COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. One large notice sign was posted on the property and information regarding the application was posted to the City's website in June of 2024. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on August 23, 2024 (a copy of the Notice may be found in Attachment `A'). CONSULT — The proposed Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands on June 24, 2024. In response to this circulation, staff received written responses from 4 members of the public, which were summarized as part of this staff report. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R. S. O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Regional Official Plan Page 22 of 164 • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 • Growing Together — Protected Maior Transit Station Area Land Use and Zoning Framework DSD -2024-005 • Supplemental Report to DSD -2024-005: Growing Together— Protected Maior Transit Station Area Land Use and Zoning Framework DSD -2024-128 REVIEWED BY: Tina Malone -Wright, Manager, Development Approvals APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A — Newspaper Notice Attachment B — Department and Agency Comments Attachment C — Public Comments Page 23 of 164 NOTICE OF PUBLIC MEETING fora development in your neighbourhood 328-330 Mill Street Concept Drawing Mixed Use Development 20 Storeys Reduced Building Setbacks Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: September 16, 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: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider an application for a Zoning By-law Amendment to facilitate the development of a mixed-use development, 20 storeys in height, with reduced building setbacks proposing 293 residential units and ground floor commercial units. Page 24 of 164 City of Kitchener ZBA Comment Form Project Address: 328-330 Mill Street Application Type: Zoning Bylaw Amendment Comments Of: Planning- Urban Design„ Commenter's Name: Rojan Mohammadi Email: Rojan.mohammadi@kitchener.ca Phone: 519-741-2200 ext: 7326 11 % of lglla Date of Comments: August 6, 2024 y,, "'%,,/ ❑ I plan to attend the meeting (questions/concerns/comments fo discussion) ❑X No meeting to be held.%01 j ) ❑ Ido NOT Ian to attend the meeting erns/ p g (no concerns ",/ Documents Reviewed: /x• °i /i • Urban Design &Tall Building Analysis (March 2024), Prepared by Masri O Architects. • Site Plan (March 2024), p"r ared by Masri O Architects. • Pedestrian Wind Comfo"r"t Assessment (February 2024), prepared by RWDL i/, iii_ • Tree..,ManagementPlah (February 2024), prepared by Hill Design. • Lighting Play (M#rch 2024), prepared by Mantric Engineering. • Repdermgs;.pr�apared by Masri O Architects. • Shadow Study (2024), prepared by Masri O Architects. 2. Site -Specific Comments & Issues: The proposed separation distances do not comply with regulations and are therefore unacceptable. Buildings placed too closely together pose privacy and safety concerns for occupants. Ultimately, our goal is to achieve a design that is both aesthetically pleasing and safe for the public. The provided justification for physical separation is insufficient and lacks thoroughness. The setbacks were not properly applied, and the brief does not adequately explain why a reduced setback is a reasonable approach. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 25 of 164 • There is ambiguity in the brief regarding the parking layout. Floor plans are required to better visualize and articulate the design. Additionally, a clearer explanation is needed on how floors 2, 3, and 5 are providing social community spaces. • Ensure entrances are clearly defined and emphasized through architectural elements that are clean, recognizable and appropriately scaled and detailed to suit the building mass. • Details regarding the proposed retaining walls should be provided. This could be added to the landscaping plan. • Wind mitigation measures recommended by RWDI including local wind control features and landscaping should be coordinated and implemented. 'er" • Relocation and/or direct access is required for the bike storage located adjacent to the ramp. • Landscaping plan should include any proposed landscaping for the above grade amenity,/�as (floor 5,-16 and 18). • It is recommended to enhance the design for the ground floor(outdoo��cliiding`I`andscaping, seating options, public arts and etc to utilize the space more efficiently;andj'nviting. 2. Comments on Submitted Documents: !o,, j%%�%�O'' Tree Management Plan �j, , ""O /r r,. • Written permission for removal of or impact to tip„%f point ownership along property line is required. This would be required at the i,te plan stage. i;.. Urban Design Brief o, i, of %�'r . • The brief should be revised>to include comments indicated above. r i j A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 26 of 164 Craig Dumart From: Niall Melanson Sent: Tuesday, July 30, 2024 9:44 AM To: Craig Dumart Cc: Parmi Takk Subject: 328-330 Mill Street - ZBA24/017/M/CD - Engineering and KU clearance Morning Craig. While the site already has as of right zoning please be advised that Engineering and KU have reviewed the Functional Servicing Report and can provide our clearance. Please let me know if you have any questions. Thanks Niall Melanson, C.E.T. Project Manager, Development Engineering, City of Kitchener niall.melanson@kitchener.ca, 519-741-2200 x 7133 200 King St. W., Kitchener, ON N2G 4G7 Page 27 of 164 City of Kitchener ZBA comments Application type: Zoning By-law Amendment ZBA24/017/M/CD Project address: 328-330 Mill Street Comments of: Transportation Services Commenter's name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 e 7369 Date of comments: August 6, 2024 Comments due: August 6, 2024 As part of a complete Zoning By-law amendment application, a Transportation Impact Study (TIS), Parking Study and TDM Plan was submitted (February 2024) by Paradigm Transportation Solutions Limited. Transportation Services reviewed the report and offer the following comments. Development proposal The applicant is proposing a mixed-use development with a multi-storey tower with 293 residential units and 212m2 (6180ft2) of ground floor retail space. The development is estimated to generate 59 AM and 82 PM peak hour vehicle trips. The site will be serviced by one full moves access along Mill Street and a total of 166 parking spaces are being proposed. Intersection analysis The following four intersections below were reviewed under 2023 Base Year traffic conditions and are all operating within acceptable levels of service and within capacity. • Mill Street at Stirling Avenue South - signalized • Mill Street at Heiman Street - unsignalized • Mill Street at Borden Parkway - unsignalized • Mill Street at Ottawa Street South (Regional Road 4) - signalized The following four intersections below were reviewed under 2028 Future Background traffic conditions and are all operating within acceptable levels of service and within capacity with no problem traffic movements. • Mill Street at Stirling Avenue South - signalized • Mill Street at Heiman Street - unsignalized • Mill Street at Borden Parkway - unsignalized • Mill Street at Ottawa Street South (Regional Road 4) - signalized A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 28 of 164 The four intersections noted below were reviewed under 2028 Total Future Traffic conditions. Future traffic includes background traffic plus site generated traffic. All operating within acceptable levels of service and within capacity with no problem traffic movements. • Mill Street at Stirling Avenue South - signalized • Mill Street at Heiman Street — unsignalized • Mill Street at (NEW) site access/Borden Parkway - unsignalized • Mill Street at Ottawa Street South (Regional Road 4) - signalized Left turn lane analysis A left turn lane analysis was completed along Mill Street at the new site access utilizing the Ministry of Transportation (MTO) Design Supplement for TAC Geometric Design Guide for Canadian Roads, which provides guidance on the assessment for an auxiliary left turn lane. Based on the analysis completed for the 2028 Total Future Traffic conditions, a left turn lane is not warranted. Transportation Services supports Paradigms conclusion. Parking supply analysis The analysis included reviewing other municipalities in Ontario and Alberta, ITE Parking Demand 5th edition, Transportation Tomorrow Survey (2016) - Area Specific Auto Ownership and proxy site locations within Kitchener. The results of the parking analysis indicated a residential parking range of 0.00 to 0.57 spaces per unit (0 to 167 spaces). Transportation Demand Management (TDM) analysis This development is well situated to take advantage of the existing alternative modes of transportation available in the area to reduce vehicle dependency. There are several Grand River Transit (GRT) routes and ION light rail that are less than 600m from this development. They include the following routes: 3, 35, iXpress 205 and 301 ION Mill Station. These routes offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided on both sides of roadways in the surrounding area. There are existing cycling opportunities in the area, as well as future cycling connections to the downtown cycling grid and the Iron Horse Trail. Conclusion Based on the TIS intersection analysis and conclusions within the report, Transportation Services are of the opinion that this development will not negatively impact the surrounding study intersections. Also, based on the parking study analysis and conclusions, Transportation Services can support the proposed total parking supply of 166 spaces. Based on the proposed vehicle parking supply, a minimum of 17 parking spaces be allocated for visitor parking. To assist in supporting alternative modes of transportation and reducing on-site vehicle parking demand, the following must be provided in support for a reduced parking rate: • Residential parking must be unbundled from the cost of a unit. • Subsidized GRT pass per unit for the residential component for a minimum of two years. A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 29 of 164 • Indoor bike fix -it station. Also, consideration be given to providing a portion of the Class A bicycle parking from within the units. No justification was included within this report to support a reduced Class A bike parking requirement; therefore, an update to the parking study must be provided for the proposed reduction in Class A bike parking requirement from 1 sp/unit, where 0.535 sp/unit. Is being proposed Transportation Services will review and consider this request. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 30 of 164 vrj Region of Waterloo Craig Dumart Senior Planner City of Kitchener 200 King Street West, 6t' Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Will Towns; 1-226-752-8622 File: C14/2/24017 August 12, 2024 Re: Zoning By-law Amendment ZBA 24/017 328 & 330 Mill Street Masri O Architects on behalf of 1658194 Ontario Ltd. (c/o Gurbeant Singh Bajwa) CITY OF KITCHENER The applicant has submitted an application for a site-specific zoning by-law amendment (ZBA) pertaining to a development proposal at 328 and 330 Mill Street in the City of Kitchener. The owner proposes to demolish two existing commercial/industrial buildings and construct a 20 -storey mixed-use building consisting of 293 residential units with 212 square metres of at -grade commercial space. The neighbourhood is in transition from predominantly industrial and commercial uses, and the subject lands are adjacent to a range of existing commercial, industrial and residential uses. The subject lands are designated Urban Area and Delineated Built Up Area in the Regional Official Plan (ROP) and located in the Mill Station Major Transit Station Area (MTSA) (as per Map 7b); designated Strategic Growth Area B in the City of Kitchener's Official Plan; and zoned Strategic Growth Area -3. The ZBA seeks site-specific relief from lot line setback, building length, and parking requirements. The Region previously provided pre -submission comments on a similar concept that included lands at 334 and 338 Mill Street in 2023. The Region has had the opportunity to review the proposal and offers the following comments: Community Planning Regional staff have reviewed the application for consistency with the Regional Official Plan (ROP), the Provincial Policy Statement, 2020 (PPS) and A Place to Grow: The Document Number: 4747853 Version: 1 Page 1 of Page 31 of 164 Growth Plan for the Greater Golden Horseshoe (the Growth Plan). In particular, the Planning Justification Report (PJR) prepared by JW Planning & Development (dated March 2024) provides analysis in regard to the application's consistency with provincial plans and conformity to ROP policies. Provincial Policy Statement 2020 The PPS encourages the development of liveable communities. It also provides a framework for planning authorities to ensure the wise use of resources while protecting Ontario's long-term prosperity and environmental and social well-being. It directs growth to built-up areas and promotes a mix of land uses that efficiently use resources, minimize negative environmental impacts, and support active transportation and transit use. Policy 1.2.6 requires the assessment of compatibility in instances where sensitive uses are proposed in proximity to industrial facilities and other sources of noise. A review of applicable PPS policies and land use compatibility more broadly has been provided in Section 5.1 of the Planning Justification Report (PJR) provided by JW Planning and Development. The proposal represents an intensified use of serviced, underutilized land in an area well -served by transit (both bus and rail) and active transportation connections. It also provides a range of housing options (58 of the 293 units will be larger than one bedroom) and commercial space (in lieu of that proposed to be demolished) in the neighbourhood. On this basis, Regional staff are satisfied that the proposal is consistent with the PPS. Additional technical comments related to noise and compatibility are provided in a subsequent section. A Place to Grow: The Growth Plan for the Greater Golden Horseshoe The Growth Plan recognizes the Greater Golden Horseshoe (GGH) as a fast-growing and dynamic region. It directs development in a way that supports economic prosperity, the environment, and quality of life — specifically emphasizing intensification, compact built form, and housing choice in built-up areas, and supporting higher densities in MTSAs. The PJR provides an analysis of applicable Growth Plan policies in Section 5.2, including comments on the proposed development's ability to achieve a diverse mix of uses and density targets. The proposal's emphasis on intensification, proximity and connectivity to ION LRT and a connecting bus route, and support for cycling (through enhanced parking and storage facilities on-site) are highlighted in this section as key sources of alignment with Growth Plan priorities. The proposed site density (calculated at approximately 519 residents and 14 jobs on a 0.3 hectare site) exceeds the Growth Plan's minimum of 160 people and jobs per hectare for MTSAs. Regional staff are satisfied that the application is consistent with the Growth Plan. Regional Official Plan In 2023, ROP Amendment No. 6 (ROPA 6) came into force and effect. The subject property is designated Urban Area and Built -Up Area in the Regional Official Plan (ROP). It is also within the Mill Station MTSA. Policy areas relevant to this application Document Number: 4747853 Version: 1 Page 2 of 7 Page 32 of 164 were identified through the pre -submission process and have been addressed in the PJR. 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 21 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 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. Development in these areas should also promote the achievement of 15 -minute neighbourhoods — defined as compact, mixed-use, accessible areas that provide the option for daily needs to be met through active transportation and transit trips, reducing automobile dependency. Regional staff understand that the proposal will provide 293 dwelling units in a strategic location that is appropriate for intensive mixed-use development based on its proximity to higher -order transit (i.e. Mill Station). Additional bike parking, proposed car share space, and other proposed transportation demand management (TDM) measures contribute to these objectives as well. Section 2.D of the ROP outlines policies for strategic growth areas, including MTSAs. These areas are intended to accommodate higher densities and support compact clusters that range in scale and intensity of development. Policies specific to MTSAs are provided in 2.D.2. Table 2 indicates that a minimum density of 160 residents and jobs is proposed for the Mill Station MTSA, which is designed to support the planned transit service level. As described above, the PJR provides a density calculation that exceeds the Mill Station targets, and the proposal contributes to the achievement of Table 2 ROP targets and provides a range of housing options (one-, two-, and three-bedroom units) to the neighbourhood. The ROP provides transit -supportive development policies through section 2.D.6 to guide the review of development applications. These policies and those described above are assessed in Section 5.3 of the PJR — notably, connections and orientations to the pedestrian realm through site design; compact residential uses in proximity to both the future ION station and conventional GRT services; and the inclusion of commercial space at grade demonstrate the incorporation of transit -supportive development principles. Regional staff are satisfied that these criteria have been met. Section 2.1 of the ROP requires that lands in proximity to industrial uses be planned to avoid or mitigate impacts related to noise, dust and odour. Additional discussion related to compatibility with industrial uses and noise sources is provided in a subsequent section. From a policy perspective, Regional staff have no concerns provided technical issues with the noise study are addressed, given the recent rezoning and redesignation of the lands through the City of Kitchener's Growing Together initiative. Document Number: 4747853 Version: 1 Page 3 of 7 Page 33 of 164 In sum, staff are satisfied that the proposal conforms to the ROP. Future Draft Plan of Condominium Application Should a Draft Plan of Condominium be contemplated, a pre -submission meeting will be facilitated by the Region of Waterloo to discuss the requirements for a complete application. Please note that additional comments and requirements may arise through the review of a subsequent condominium proposal, including the requirement for an additional application and fees. Should occupancy occur prior to the application for a Draft Plan of Condominium being deemed complete, the application will need to conform to the condominium conversion policies of the ROP (Policy 3.A.5). Corridor Planning Condition of Approval for this ZBA application Approval of the Noise Study and Transportation Impact Study (TIS) are required prior to final approval of the ZBA application. Comments on each are provided below. Environmental & Stationary Noise Studv Staff note that a transportation, rail and stationary noise study entitled Road/Rail Traffic and Stationary Noise Impact Study, 328-330 Mill Street, Kitchener, ON (dated November 22, 2023, prepared by JJ Acoustic Engineering Ltd.) was submitted in support of this application in response to requirements identified during pre -submission (noise sources associated with nearby roads and rail operations, as well as industrial and commercial stationary sources). This study has been peer reviewed by a third -party consultant and revisions are required prior to acceptance of the study. Key areas for revision include: - Modelling and assessment of the 5th and 18th floor OLAs is required. - Inclusion of example STAMSON modelling output file. - Ventilation and warning clause requirements are to be revised, based on mandatory installation of central air conditioning. - Assess additional stationary noise sources (additional HVAC units, and auto shop). Peer review comments are attached to this letter for review. These comments are required to be addressed to the satisfaction of the Region prior to City of Kitchener Council considering the application. Please note, however, that comments in the document pertaining to ION light rail refinements do not need to be addressed, on the advice of Regional Corridor Planning staff. The other revisions may be addressed in a letter addendum to the study, unless results and conclusions are altered (in which case a revised report will be necessary). Please note that requested changes and/or additional information identified for detailed design need not be addressed as part of the addendum at this stage. Additional direction in relation to noise study requirements for the detailed design stage will be provided when the Noise Feasibility Study is finalized. Document Number: 4747853 Version: 1 Page 4 of 7 Page 34 of 164 Once confirmed, noise warning clauses identified in the revised Noise Feasibility Study shall apply to the appropriate dwelling units to be implemented through a registered development agreement with the City of Kitchener, included in all purchase and sale/lease/rental agreements, and as part of a future condominium declaration if applicable. Regional staff will require the development agreement as a condition of draft plan approval/condition of approval through a future condominium application. Transportation Impact Study Regional staff have reviewed the TIS entitled "Transportation Impact Study, Parking Justification Study & TDM Plan, 328-330 Mill Street Kitchener, ON" dated February 12, 2024, prepared by Paradigm Transportation Solutions Limited, and have no concerns. As an advisory note, the final sentence on page 36 under the subheading "Region of Waterloo TMP" should state: "A decrease in vehicle dependency and therefore a reduction in parking demand." Conditions of Future Site Plan Application No further Regional approvals are required prior to final approval of a future Site Plan application. The following comments are provided on an advisory basis. Transit & Transportation Demand Management GRT staff note that the applicant is requesting a reduction in the parking rate. The applicant, through the TIS, is committed to pedestrian connectivity, unbundling parking, secure bicycle storage, provision of space for a car share program, and educational packages for residents. Comments are provided below — but in sum, GRT staff would recommend a more robust transportation demand management (TDM) component of the proposal, and advise the applicant to reach out to ibalaban(D-regionofwaterloo.ca to discuss further. The PARTS checklist included in the TIS notes "146 bicycle spaces beyond [the] minimum requirement" have been provided, permitting a reduction in vehicle parking of 29 spaces. The plan should be updated to clearly show exactly how many bike parking spaces will be included (146, 155, or 301). Staff note that the bicycle room appears not to have interior access for residents — consider improving connectivity and access. Further suggestions from GRT TDM staff on how to improve bike room access and features are available upon request. Staff are supportive of unbundling parking as described in the TIS. Car Share The TIS notes that car share programs are a feasible method to reduce vehicle ownership and parking demand, and notes an existing car share location 1.6km (20 minute walk) from the site. This is not considered close enough to help reduce automobile dependence at the site. The PARTS checklist notes that one car share space will be provided on-site. The most established car sharing program in Waterloo Region is Communauto (which is noted in the TIS). The applicant should contact Janet Document Number: 4747853 Version: 1 Page 5 of 7 Page 35 of 164 MacLeod jmacleod()-communauto.ca to learn more about opportunities available locally. Staff recommend indicating on the submitted plans which spaces would be reserved for a car sharing service. These spaces should be placed at a convenient location for residents. Please note that locating car share parking spaces in a parking garage may not be possible. Additional TDM Measures The TIS also includes additional TDM measures which may be provided but have not been committed to, including Transit information provided on-site, providing fully subsidized transit access for all occupants for a period of two years, and having a TDM coordinator. Providing subsidized transit passes incurs significant financial and administrative costs. This initiative requires a commitment from the owner/applicant to manage, administer, and fund the full cost of monthly transit passes for residents. If this is to be considered by the applicant, further consultation and confirmation of expectations between all three parties (the applicant, City, and Regional/GRT staff) is required as soon as possible. Region of Waterloo International Airport Regional staff have reviewed the application and have no concerns with the development. The Land Use application to NAV Canada for the building has been submitted with the application along with a letter of no objection reflecting the assessed height of 391.7m ASL (1285 feet). This matches the building height shown on the drawings. The Airport Zoning Regulation height on the property is at 437.5m ASL, which would permit a crane up to 45.8 metres above the building, which is expected to be sufficient. The developer will need to update the Land Use application to include the crane information once confirmed and receive a letter of no objection to the satisfaction of the Region. The letter should be sought from NAV Canada as soon as possible to account for 8-12 week review times, and will need to be provided as part of a future site plan application. Source Water Protection & Risk Management The subject lands are located in an area subject to provisions of Part IV of the Clean Water Act, as well as within a Wellhead Protection Sensitivity Area (WPSA 8) as identified on Map 6 of the ROP. The applicant has submitted a valid Notice of Source Protection under Section 59 of the Clean Water Act. In accordance with Regional Council's endorsed position on geothermal energy, vertical closed-loop geothermal is prohibited at this location. Vertical open -loop geothermal energy may be considered subject to the submission of a hydrogeology study. As no Hydrogeology Study was submitted in support of a vertical open -loop geothermal Document Number: 4747853 Version: 1 Page 6 of 7 Page 36 of 164 system, Regional staff request that a prohibition on geothermal energy be required within the site-specific amending zoning by-law for the subject lands. HWP staff note that an underground parking garage is proposed. The Region does not support permanent active or passive dewatering controls for below -grade infrastructure, including foundations, slabs, parking garages, footings, piles, elevator shafts, etc. therefore, waterproof seals should be used in lieu of permanent dewatering infrastructure. Fees: Please be advised that the Region is in receipt of the ZBA review fee of $3,000 and the noise study peer review fee of $4,500 + HST ($5,085 total; both received July 25, 2024). Conclusions: The Region has no objection to the above -noted ZBA application, provided the following items are addressed: 1. Noise study revisions as described above and in the attached peer review comments. 2. A prohibition on vertical closed-loop geothermal energy systems is written into the amending by-law for the site. 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. 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 the undersigned. Yours truly, �Idnm"'�_ Will Towns, RPP Senior Planner C. Gurbeant Singh, 1658194 Ontario Ltd. (Owner) Reema Masri, Masri O. Architects (Applicant) Document Number: 4747853 Version: 1 Page 7 of 7 Page 37 of 164 z i BEST MANAGED 'COMPANIES Plati—ember 600 Southgate Drive Tel: +1.519.823.1311 Guelph ON Canada Fax: +1.519.823.1316 NIG 4P6 E-mail: solutions@rwdi.com August 9, 2024 Will Towns, RPP Regional Municipality of Waterloo 150 Frederick Street, 8th Floor Kitchener, ON N2G 4J3 wtowns@ regionofwaterloo.ca Re: Peer Review - Noise 328 & 330 Mill Street, Kitchener RWDI Reference No. 2300540.57 Dear Will, The Region of Waterloo has retained RWDI to conduct a peer review of a noise study for 328 & 330 Mill Street development in Kitchener, completed in support of a Zoning Bylaw Amendment application. The applicant is proposing a 20 -storey mixed-use building with 293 residential units and 212 mz of at -grade commercial space. 166 parking spaces are proposed, with access via Mill St. The review considered the letter titled "Road Traffic and Stationary Noise Impact Study 328-330 Mill Street, Kitchener, Ontario", JJ Acoustic Engineering project number JJ-00535-NIS1 and dated November 22, 2023 (Noise Study). This review reflects best practices for land -use planning, as well as guidelines and policies mandated by the Regional Municipality of Waterloo (RMOW) and, where applicable, the Province of Ontario. Where differences in guidance may exist, the RMOW has provided direct guidance to this peer reviewer on their expectations. In all cases, the direction and policies of the RMOW take precedence. Comments requiring action by the applicant are highlighted throughout this document for ease of identification. Assessment Approach The Noise Study reviews the potential sources of environmental noise in the area. a. Road traffic noise from Mill Street, which is appropriate. b. Rail traffic was considered from the CN Huron Park Spur for freight and ION traffic, which is appropriate. c. Onsite stationary sources were not assessed on the development itself and the surrounding noise sensitive buildings, which is appropriate at this stage in the development. d. Offsite stationary sources were assessed from surrounding residential and commercial buildings, which is appropriate. 2. The Noise Study includes a blank Owner's Declaration Statement, and was submitted separately. 3. The Noise Study includes 2023 Consultant's Declaration Statement. ©2023 RWDI AIR Inc. ("RWDI") ALL RIGHTS RESERVED This document is intended for the sole use of the party to whom it is addressed and may contain information that is privileged and/or confidential. If you have received this in error, please notify us immediately. RWDI aims to accommodate. If you require this document in a different format in order to aid accessibility, please contact the sender of this document, email so lutionsCa—di.com or call +1.519.823.1311 rwdi.com 02023 RWDI name and logo are registered trademarks in Canada and the United States of America Page 38 of 164 Surface Transportation Noise 4. The report uses the NPC -300 guideline for assessment of the transportation sources, which is consistent with the current practice in the Region. 5. A review was completed of the road and rail traffic data. The following is noted: a. 10 -year future road traffic information for Mill Street was provided by the Region. The data was valid at the time of the Noise Study. b. The exclusion of other roadways as insignificant is considered acceptable. c. 10 -year future rail traffic information CN line was provided by the CN Rail. The data was valid at the time of the Noise Study d. 10 -year future rail traffic information ION traffic was taken from another study, which was referenced but not provided. No documentation was provided to support modelled volumes. Documentation is required to validate predictions. 6. A review was completed of the roadway noise modelling. The following is noted: a. Off-site line -of -sight obstructions were not included in the noise modelling. This is considered conservative and acceptable, as surrounding buildings would provide a level of screening. b. Modelling of road and rail traffic noise was completed using the STAMSON software package, which is appropriate. c. Sample calculations were not provided, and therefore modelled volumes and road contributions shown in tables cannot be verified. Sample calculations must be provided for verification (e.g. including ground absorption, geometry, etc.). 7. An assessment of OLA sound levels was discussed in Section 2.4 of the Noise Study. The following is noted: a. An assessment of impacts was completed for the amenity area at grade (OLA), as shown in Attachment A of the Noise Study. However, there is no discussion or assessment of the 5th and 18th floor amenity spaces. Given their different exposures to traffic sources, the 5th and 18th floor amenity spaces should be assessed. b. The exclusion of private terraces less than four meters in depth, based on the definitions in NPC -300 is considered appropriate. 8. The applicable guidelines for road traffic noise fa4ade levels are summarized within a table in Section 2.4 of the Noise Study. 9. An assessment of fa4ade sound levels is included in Section 2.4 of the Noise Study and summarized in Table B1 of Appendix B, for all facades and all floors. The following is noted: a. As STAMSON modelling files are not provided in the Noise Study, a review of the modelled results could not be completed. Per the RMOW Guidelines, noise studies are required to provide numerical support for the noise modelling, preferably as a modelling output file. Please provide complete sample calculations. Page 2 Page 39 of 164 Will Towns, RPP Region of Waterloo RWDI#2300540.57 . AUGUST 9, 2024 Surface Transportation Noise 4. The report uses the NPC -300 guideline for assessment of the transportation sources, which is consistent with the current practice in the Region. 5. A review was completed of the road and rail traffic data. The following is noted: a. 10 -year future road traffic information for Mill Street was provided by the Region. The data was valid at the time of the Noise Study. b. The exclusion of other roadways as insignificant is considered acceptable. c. 10 -year future rail traffic information CN line was provided by the CN Rail. The data was valid at the time of the Noise Study d. 10 -year future rail traffic information ION traffic was taken from another study, which was referenced but not provided. No documentation was provided to support modelled volumes. Documentation is required to validate predictions. 6. A review was completed of the roadway noise modelling. The following is noted: a. Off-site line -of -sight obstructions were not included in the noise modelling. This is considered conservative and acceptable, as surrounding buildings would provide a level of screening. b. Modelling of road and rail traffic noise was completed using the STAMSON software package, which is appropriate. c. Sample calculations were not provided, and therefore modelled volumes and road contributions shown in tables cannot be verified. Sample calculations must be provided for verification (e.g. including ground absorption, geometry, etc.). 7. An assessment of OLA sound levels was discussed in Section 2.4 of the Noise Study. The following is noted: a. An assessment of impacts was completed for the amenity area at grade (OLA), as shown in Attachment A of the Noise Study. However, there is no discussion or assessment of the 5th and 18th floor amenity spaces. Given their different exposures to traffic sources, the 5th and 18th floor amenity spaces should be assessed. b. The exclusion of private terraces less than four meters in depth, based on the definitions in NPC -300 is considered appropriate. 8. The applicable guidelines for road traffic noise fa4ade levels are summarized within a table in Section 2.4 of the Noise Study. 9. An assessment of fa4ade sound levels is included in Section 2.4 of the Noise Study and summarized in Table B1 of Appendix B, for all facades and all floors. The following is noted: a. As STAMSON modelling files are not provided in the Noise Study, a review of the modelled results could not be completed. Per the RMOW Guidelines, noise studies are required to provide numerical support for the noise modelling, preferably as a modelling output file. Please provide complete sample calculations. Page 2 Page 39 of 164 Will Towns, RPP Region of Waterloo R W DI#2300540.57 wi AUGUST9, 2024 b. The predicted sound levels from STAMSON modelling are applied to the four facades of the development as appropriate. 10. Recommendations are provided in the Noise Study concerning the excess sound levels. The following is noted: a. The Noise Study states that the building has a "requirement for air conditioning' on the north, east, south and west facades in Table 131 of Appendix B of the Noise Study. b. In Section 6 - Recommendations of the Noise Study, JJAE and the client "will require air conditioning for the entire building'. This is considered an acceptable requirement in lieu of "provision for future installation of central air conditioning'. c. Fa4ade construction compliant with the Ontario Building Code on the south and west facades is considered appropriate, assuming exterior wall compositions having minimum of STC 45. d. A minimum of STC 29 is required for all exterior glazing for the North and East fa4ades based on road and rail modelling results is considered appropriate but require example STAMSON files for verification. e. As central air conditioning would be required for the development, an MECP NPC -300 Type D warning clause is considered appropriate and is required to replace the Type C warning clause recommendation. f. The application of warning clauses should be identified in the report as being required in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations consistent with RMOW policies. Development Stationary Source Noise 11. An assessment of stationary noise on the surroundings and itself could not be completed, as the development mechanical systems have not been designed. Given the stage of development, this is acceptable. The development's cooling equipment is expected to be significant and an assessment of noise impacts on the development itself and surroundings will be required prior to site plan approval. RMOW strongly advises PTAC units for air conditioning individual units be carefully considered due to high noise levels at the windows of onsite residences and difficulty in applying noise controls. The development will be required to meet stationary noise limits at onsite windows from such equipment. Surrounding Stationary Noise 12. The report uses the NPC -300 guideline for assessment of the stationary sources, which is consistent with the current practice in the Region. 13. The surrounding area is described as a Class 1 acoustic environment, and is appropriate. Page M 164 1 Will Towns, RPP Region of Waterloo R W D I#2300540.57 . AUGUST 9, 2024 14. Noise impact modelling was completed using CadnaA modelling software, which is acceptable. 15. Modelling noise parameters were described in Section 3.2 of the Noise Study. The modelling parameters are appropriate with the exception of the ground absorption coefficient which was modelled as 0.7. As the intervening lands from the stationary source to receivers are primarily reflective, localized ground absorption using a 0.0 to 0.4 level should be used. 16. Significant stationary noise sources identified in the Noise Study includes HVAC units, idling trucks, and heavy truck movements. These are appropriate but the following sources are required to be assessed: a. HVAC units modelled as S2, S3, and S4 are assessed for 300 Mill Street. Satellite imagery shows potentially up to 1.4 units that are required to be assessed orjustified for exclusion. b. An auto shop is located at 338 Mill Street. Noise from roll up doors is required to be assessed including impact tools and air compressors. 17. Modelled noise impacts are summarized in tables included in Section 5 of the Noise Study for each fa4ade of the development and the outdoor PORs. The sound levels indicated appear to be reasonable for stationary noise impacts on the development. Conclusions 18. The Recommendations section of the Noise Study summarizes the mitigation requirements in the Noise Study. The following is noted: a. The Type C Warning Clause is required to be revised to a Type D Warning Clause. b. As indicated above, ventilation requirements are to be updated for "mandatory air conditioning'. c. Facade construction compliant with the Ontario Building Code on the south and west facades is considered appropriate, assuming exterior wall compositions having minimum of STC 45. d. A minimum of STC 29 is required for all exterior glazing for the North and East fa4ades based on road and rail modelling results is considered appropriate. e. Recommendation of the Canadian National Railway Company Warning Clause for all units, is appropriate. Summary The environmental noise study provided for 328 & 330 Mill Street development in Kitchener presents an assessment for transportation and stationary noise sources. At this time, the required changes are not significant. However, a revised report is required to clarify and revise the results and conclusions presented in the Noise Study. Key items to be revised in the Noise Study are outlined below: Page 4 Page 41 of 164 Will Towns, RPP Region of Waterloo R W DI#2300540.57 Ni AUGUST9, 2024 • Provide supporting documentation for ION rail traffic volumes. • Modelling and assessment of the 5 1 and 18`h floor OLA is required. • Inclusion of example STAMSON modelling output file. • Ventilation and Warning Clause requirements are to be revised, based on mandatory installation of central air conditioning. • Assess additional stationary noise sources (additional HVAC units, and auto shop). As an assessment of stationary noise from the development's mechanical systems on the surroundings and itself could not be completed, as insufficient information is available at this time. The following is recommended: o Sufficient information on the mechanical systems is expected to be available at the Site Plan Approval stage, where an assessment of stationary noise impacts on the development itself and the surroundings is recommended. Significant stationary noise sources are anticipated to include cooling equipment associated with central air conditioning for the development. o Should noise controls be required for the mechanical systems (e.g. low -noise chiller/condenser), an Environmental Noise Certification is recommended to review the installed equipment and confirm the MECP NPC -300 guideline limits are met on the development itself and the surrounding noise sensitive buildings. Yours truly, RWDI Daniel Kremer, P.Eng., M.Sc. Senior Noise and Vibration Engineer Page 5 Page 42 of 164 1 Will Towns, RPP Region of Waterloo RWDI#2300540.57 . AUGUST 9, 2024 Statement of Limitations This report entitled "Peer Review - Noise, 328-330 Mill Street, Kitchener", dated August 9, 2024, was prepared by RWDI AIR Inc. ("RWDI") for the Region of Waterloo ("Client'). The findings and conclusions presented in this report have been prepared for the Client and are specific to the peer review described herein ("Project'). The conclusions and recommendations contained in this report are based on the information available to RWDI when this report was prepared. Because the contents of this report may not reflect the final design of the Project or subsequent changes made after the date of this report, RWDI recommends that it be retained by Client during the final stages of the project to verify that the results and recommendations provided in this report have been correctly interpreted in the final design of the Project. The conclusions and recommendations contained in this report have also been made for the specific purpose(s) set out herein. Should the Client or any other third party utilize the report and/or implement the conclusions and recommendations contained therein for any other purpose or project without the involvement of RWDI, the Client or such third party assumes any and all risk of any and all consequences arising from such use and RWDI accepts no responsibility for any liability, loss, or damage of any kind suffered by Client or any other third party arising therefrom. Page 6 Page 43 of 164 Craig Dumart From: WRDSB Planning <planning@wrdsb.ca> Sent: Wednesday, July 31, 2024 10:08 AM To: Craig Dumart; Planning Subject: Re: [Planning] Circulation for Comment - 328-330 Mill Street (ZBA) Craig Dumart Senior Planner July 31, 2024 Re: Notice of Application for Zoning By-law Amendment File No.: ZBA24/017/M/CD Municipality: Kitchener Location: 328 and 330 Mill Street The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application for a zoning by-law amendment to permit the development of a 20 -storey mixed use building with 293 residential units. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are currently assigned to the following WRDSB schools: • Queen Elizabeth Public School (Junior Kindergarten to Grade 6); • Courtland Public School (Grade 7 to Grade 8); and • Cameron Heights Collegiate Institute (Grade 9 to Grade 12). Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. Most future students from this development will be within walking distance limits of all three of the above listed schools. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal rights-of-way. WRDSB Draft Conditions Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the conditions of Draft Approval: 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." Page 44 of 164 Emily Bumbaco Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: emily bumbaco(o)_wrdsb.ca Website: www.wrdsb.ca On Mon, Jul 8, 2024 at 11:51 AM Christine Kompter <Christine.Kompter kitchener.ca> wrote: Please see attached. Additional documentation can be found in AMANDA folder 24 118310 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner (craig.dumart@kitchener.ca; 519-741-2200 x7073). Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 ch risti n e. kom pter@ kitchen er.ca �, r 1-1141*10TO� Page 45 of 164 City of Kitchener - Comment Form Project Address: 328-330 Mill St Application Type: ZBA Comments of: Environmental Planning (Sustainability) —City of Kitchener Commenter's name: Mike Balch Email: mike.balch@kitchener.ca Phone: 519-741-2200 x7110 Written Comments Due: August 6, 2024 Date of comments: August 2, 2024 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application• • Sustainability Statement for 328-330 Mill St prepared by Masri O Architects dated February 2024. 2. Comments & Issues: I have reviewed the supporting documentation (as listed above) to support a site plan application proposing a mixed-use apartment tower , regarding sustainability and energy conservation, and provide the following comments: - Although the Ontario Building Code (OBC) is progressive, going forward all developments will need to include energy conservation measures that go beyond the OBC as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. - A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application which can further explore and/or confirm additional sustainability measures that are best suited to the development as the design evolves. - Upon review of the supporting documentation, the Official Plan and Zoning Bylaw Amendments can be supported as several sustainable measures have been proposed or are being considered for the development. The development proposes several sustainable measures including: o The compact and efficient design of an underutilized lands o The consideration to encourage greater public transit use o Pedestrian supportive design o On-site secure bike parking promoting active transportation o Proposed low -flush toilets and low -flow shower heads 1IPage Page 46 of 164 o Cool/light coloured roofing material o Community gardens o Drought tolerant/native plant species o Low VOC materials and finishes o Efficient building envelope Potential items for consideration are: o Will electric vehicle charging infrastructure be applied to the limited personal vehicle parking o Opportunities for alternative or renewable energy systems to meet new energy demand created by the development (i.e. ground source or air source heat pumps, roof -top solar photovoltaic panels, solar thermal hot water system, capture of waste heat from industrial processes to use for thermal energy needs, etc), or design of the site and building for "readiness" to add these systems in the future. 3. Conditions of Site Plan Approval: • To submit a revised Sustainability Statement to the satisfaction of the City's Director of Planning. Further, the approved sustainability measures recommended in the Sustainability Statement will be implemented in the landscape, stormwater management, and building design, to the satisfaction of the City's Manager of Development Review. 4. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 5. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). 21 Page Page 47 of 164 ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilitvStatement 3 1 Page Page 48 of 164 Craig Dumart From: Sent: To: Subject: You don't often get email from, Hi Craig Christine Thompson Monday, August 5, 2024 3:46 PM Craig Dumart 328-330 Mill St :a. Learn why this is important I am writing in regards to the applicant for re -development at 328-330 Mill St in Kitchener Unfortunately I cannot make tomorrow's meeting but wanted to express my concerns with the plans for the development. As a resident of Mill Street a 20 storey tower is too tall and large in my opinion for the street and the neighbourhood. As you know, the street in primary single detached homes, townhomes and a few commercial businesses. There is one apartment building that is approximately 5-6 stories. If the city is looking to build more dense housing I would appreciate if they would reconsider a 20 story building to a more appropriate size of 4-5 stories given the neighbourhood and community. One of the great features of the neighbourhood is you are close to downtown without living around high rises and high volumes of people, traffic, noise etc. that all come along with a more densely populated area. I hope you will take this feedback into consideration Regards Christine Thompson Page 49 of 164 Craig Dumart From: Nancy Graham Sent: Thursday, August 8, 2024 7:26 AM To: Craig Dumart Subject: Proposed development- 328-330 Mill St. Good morning, I am a resident at 342 Mill St„ United 59 and would like any information that is available at this time. I was unable to attend the neighbourhood meeting on August 6tth but as a neighbour, I am very interested in this and which properties will be affected. Thank you, Nancy Graham Page 50 of 164 Craig Dumart From: Shefaza Esmail n> Sent: Tuesday, August 6, 2024 9:05 PM To: Craig Dumart Cc: rollickn Subject: 328-330 Mill St Comments You don't often get email from il.com. Learn why this is important Hello Mr. Dumart, Thank you for the informative session tonight via zoom. It was good to hear from the developer and architects present. While I do feel that many questions remained unanswered, I understand that the process can be somewhat uncertain at this point. I was able to find supporting documentation at the kitchener.ca/PlanningApplications which helped fill in some gaps. I am emailing to submit my comments for the development, building on several of the questions I asked and after reviewing the supporting documents. This is a neighbourhood, more specifically the Mill -Courtland neighbourhood. We would like to ensure that new developments build and ensure a sense of community rather than encourage high turnover (population influx/outflux). With that in mind, our comments are as follows: 1. It appears there are only 5 or so allocated 3 -bedroom apartments, all of which do not have nearly enough space for a 3 -bedroom space. Each one is at about 101m2 compared to a 1 -bedroom space which is 52m2. We would like to see better proportions for the 3 -bedroom units that would make for a comfortable living space for a family of say two kids. 2. There don't appear to be any amenities built in for families, such as a play area for children or child care considerations. The current playgrounds within the neighbourhood are severely limited in capacity. There needs to be more consideration for on-site amenities for families with kids. 3. We also strongly request grocery store and coffee shop options within the commercial space of the development as these are currently missing from our immediate vicinity. 4. The sustainability statement is severely lacking in integrity (it reads a lot like a fluff piece as opposed to a well -thought out and researched evidence -based statement). There are no quantitative assessments of how an apartment building is any more efficient. There are no tangible built in measures to ensure carbon reduction (e.g., using materials that are less carbon intensive) or to increase energy efficiency/reduce energy consumption. Given the region's commitment to combating climate change, it is irresponsible of us to not consider the best possible ways to ensure carbon reduction through material procurement and building operation. 5. There have been no considerations with respect to onsite stormwater management, even minimally, such as increasing green spaces for infiltration. Given that this area is prone to flooding, there should be more consideration given to how 1-50 and 1-100 year storms will be handled by the development. There is a high reliance on the existing municipal systems, which can very easily be overwhelmed as we saw with the recent thunderstorms. There has been recent work done on Shoemaker Creek to ensure renaturalization of the creek, which can be used as an outlet for stormwater that is retained on-site and released slowly back into the creek. Page 51 of 164 In summary, we would like to see better accountability on the sustainability front as well as accommodations for more families living within the residential units, and see their corresponding needs met through the commercial area (i.e., groceries, childcare). Feel free to reach out if you have any further questions on any of the comments above. Thank you for your time, Shefaza & Nick Page 52 of 164 Craig Dumart From: Kathy Kereke! Sent: Wednesday, July 31, 2024 2:49 PM u Craig Dumart; Debbie Chapman Subject; Proposed Development i Some people who received this message don't often get email from kathy.kerekes@gmail.com. why this is important Good Afternoon Craig +Debbie, I'm writing in regards to the proposed new 20 -storey development at 328-330 Mill Street in Kitchener. When I received the notice, I was definitely shocked to see that the city was even considerin g putting such a large apartment building on Mill Street. The profile of a 20 -Storey apartment complex does not fit the profile of the neighbourhood. Along the street (and neighbourhood), the highest building is 6 storeys and that's located off S Avenue. On Mill Street itself— the highest is the Millwood Manor near the intersection of Mill & Ottawa that is only 5 storeys high. only 5 Neighbourhood The street is comprised of mainly single detached homes with some townhouse complexes + low-rise apartment complexes. I live directly across from the proposed site in a townhouse complex comprised of 17 units. Upon re p ment the notice I reached out to multiple neighbours and not everyone received the notification of the proposed building. This concerns me as a resident as this new complex impacts everyone on this street. p receiving p p everyone received the appropriate notice. I am not sure why not In regards to the building itself, by having such a large complex — it is going to completely block out the sun/ the neighbouring buildings. The current infrastructure around the neighbourhood allows for individuals/ ew for all to r front porch/back decks. This would definitely impact resident's ability to enjoy their own propert elax on their Y Increased Traffic Traffic control needs to be considered as well. This is going to double the traffic that's on Mill Street — assumi are going to be 200+ additional cars using Mill Street. At this time we already have issues with vehicles runningthrough the Stop Sign at Mill &Heiman and excessive speeding. There are insufficient traffic sues ng there the city changed the speed limit to 40 —this is not being adhered to. Based ugh ng measures in place. Last year there is only ONE entry/exit point for all the tenants. The building backs onto then ail tracks -so t ere s nof the new posed building entry/exit points. This means a HUGE increase in traffic just along the one small stretch of Mill Street. possibility of 2 Page 53 of 164 Mill Street was just repaved in the past year. With the increased traffic going up and down the road — how frequently will the city be managing pot holes/repaving? Garbage Removal Garbage removal + rodent/wildlife attraction needs to be considered. Waterloo Region itself has a huge rat problem + this building will definitely stir up more issues. Will there be additional rat traps / measures put into place to avoid rats entering the nearby homes? In addition, due to the number of rentals in the area + garbage collection — we have ith this new noticed an uptick in wildlife —including skunks, raccoons, coyotes and foxes. all 300 unites and sufficient garbage lremoval lding, I v(more�than onke to ce if there will be sufficient covered garbage receptacles for per week) to avoid attracting any further animals. Greej ace Parks and greenspace for children/animals is a concern as well. There is only one park in the area and the city has closed that off temporarily for renovations. There is no greenspace. People walking their dogs currently up and down Mill Street have the tendency not to pick up after their dog. I would like to know if there is a proposed greenspace / sufficient animal waste receptacles planned in the building to I already wasteid on that problem existing only exasperate the issue. with the 3 level apartment building that's directly behind m Y issue. Schooling The schools that are in the area are already jam packed. So where will the new residents' children be attending be packed There are a handful of primary schools in the area and only one high school —these schools already appear to capacity. Parking and Public Transit Based on the size of the lot — I am assuming parking will be underground. How many parking spots will be available underground and above -ground. Based on my experiences s�when aals around — most rental units hot household only had one vehicle. l m lassum ng familaes — which in turn means multiple vechicles. Gone are the time parking lot this large would only allow for one vehicle per unit. Where will the remaining vehicles park? There is no parking permitted on Mill Street itself. The neighbouring streets of Heiman and Borden already have multiple cars parking on the road most of the year. This will also be closer to theWill there/be increased peak for the ces to albus but I lot forth this that the Ion is full EVERY morning during the "morning commute increased flow of people? 2 Page 54 of 164 Water/Storm Sewer The water/sewers were just redone a few years back. With the new construction- is all that work going to have to be redone? What will be the impact onto the street and for what duration. Overall I have a lot of concerns regarding this new development. I understand that this is a growing region and we need to accommodate more and more people. I just feel that Mill Street is not the appropriate place for such a large building. Stacked fourplex or even townhomes would be more appropriate on that lot. I would like to be kept up to date if this item is approved/amended. I will also be attending next week's virtual meeting. Look forward to your response. Thank you. Kathy Kerekes Page 55 of 164 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 16, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: REPORT NO.: August 19, 2024 DSD -2024-375 SUBJECT: Official Plan Amendment Application OPA24/008/K/ES Zoning By-law Amendment Application ZBA24/014/K/ES 2980 King Street East Charcoal Properties Limited RECOMMENDATION: That Official Plan Amendment Application OPA/24/008/K/ES for Charcoal Property Limited requesting to add Specific Policy Area 76 to Map 5 — Specific Policy Areas in the Official Plan and to add Policy 12.D.12.76 to the Official Plan to facilitate a mixed use development having 436 residential units and 692 square metres of commercial space with a building height of 27 storeys and Floor Space Ratio (FSR) of 11, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD - 2024 -375 as Attachment `A', and accordingly forwarded to the Regional Municipality of Waterloo for approval, and That Zoning By-law Amendment Application ZBA24/014/K/ES for Charcoal Properties Limited be approved in the form shown in the `Proposed By-law', and `Map No. 1, attached to Report DSD -2024-375 as Attachment `B'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment applications for the subject lands located at 2980 King Street East. It is planning staff's recommendation that the Official Plan and Zoning By-law Amendments be approved. The proposed amendment supports the creation of 436 dwelling units, and associated ground floor commercial space in an underutilized site that currently contains 3 restaurants and an above grade parking garage. Community engagement included: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 56 of 164 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; o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on August 7, 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 Meetings; o notice of the public meeting was published in The Record on August 23, 2024. This report supports the delivery of core services. This application was deemed complete on May 22, 2024. The Applicant can appeal this application for non -decision after September 19, 2024. EXECUTIVE SUMMARY: The owner of the subject lands addressed as 2980 King Street East is proposing to add a Specific Policy Area in the City of Kitchener Official Plan, and to add a Site Specific Provision in Zoning By-law 2019-051. Staff are recommending that the applications be approved. BACKGROUND: The City of Kitchener has received applications for Official Plan Amendment and Zoning By-law Amendment from Charcoal Properties Limited for a development concept of a 27 - storey mixed-use building containing 436 dwelling units and 3 commercial units containing 692 square metres of commercial floor space. The application requested a height of 32 storeys. The applicant submitted an Aeronautical Assessment which concluded that the requested height would have an impact on airport operations at the Region of Waterloo Airport and recommends mitigation by redesigning the Runway 08 LNAV approach. However, the Region of Waterloo does not support land uses that are not compatible with airport operations and require a height cap at 420 metres Above Sea Level which would result in a building height of approximately 27 storeys. The lands are designated `Mixed Use' in the City's Official Plan. Site Context The subject lands are addressed as 2980 King Street East. The site is located at the intersection of two Regional Roads: Regional Road 53 (Fairway Road) and Regional Road 8 (King Street). The subject lands have a lot area of 0.55 hectares with a frontage of approximately 65 metres on King Street and 80 metres on Fairway Road. The subject lands are currently developed with a commercial building containing 3 restaurants and an above grade parking garage. The surrounding neighbourhood includes a mix of low, medium, and high-rise residential buildings, as well as commercial, hotel, and institutional uses. Page 57 of 164 4O F � CENTREVILLE ST SUBJECT AREA 4;o 2� co Figure 1 - Location Map: 2980 King Street East REPORT: The applicant is proposing to redevelop the subject lands with a 32 -storey (reduced to 27 storeys due to Region of Waterloo comments) mixed use building containing 436 dwelling units, 692 square metres of commercial space on the ground floor, 6 above grade floors of parking in the building podium, and one level of underground parking. The proposed building contains a 32 -storey tower (reduced to 27 storeys due to Region of Waterloo comments) with a 12 -storey stepdown portion along King Street East. The tower is classified as a "Large Point Tower" in the City's Tall Building Guidelines. Two vehicular accesses are proposed on each fronting street, Fairway Road and King Street East. The Fairway Road access would be for the proposed one level of underground parking. The King Street East entrance is part of an existing shared access between the subject lands and the westerly adjacent property addressed as 2960 King Street East (Courtyard by Marriott Hotel). A total of 339 vehicular parking spaces are proposed. Bicycle parking is proposed to be provided within units and within secure bicycle storage rooms in the parking garage and outdoor bicycle racks for short-term and visitor use. Given that the recommended height has been reduced from 32 to 27 storeys, the development proposal would be revised through the site plan process to meet the lower height cap. Page 58 of 164 IMI 191 !!� 191 119 10 p11 ,1 u!! !91 N9! 19�! 119 E 1'I 13 !� PH 1W u Figure 2 — View of Subject Lands (Fairway Road) The proposed development, as submitted, includes 232 one -bedroom units, 188 two-bedroom units, and 16 three-bedroom units. 1,452 square metres of outdoor amenity space is proposed to be provided on the rooftop of the 6t" floor podium. 246 square metres of indoor amenity space is proposed to be provided on Level 6. Most units will contain a balcony for private outdoor amenity space. Page 59 of 164 •" yr Y - i � a � � � � �� i�! * ��„jp�u 1'F � d�." . *� yH tleJ �y � ! .yam,. �' sem,`-bh}� � e• 1 r� y ! � e•13' ^_^^"• '�°�l� of .Y.� zi.� { yk-:4 .p. s r` iz. I♦ ' "ILA OR 4AFI `yA • h. e v l Ma mo! . �� ,, Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing has approved an integrated province -wide land use planning policy document, replacing the current Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which will come into effect October 20, 2024 (after a decision is made on these applications). Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable, and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health, and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, Page 61 of 164 optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed multiple dwelling development includes 436 new dwelling units. Planning staff is of the opinion that the proposed applications will facilitate the intensification of the subject property with a high-density mixed use development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; Page 62 of 164 iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form open spaces; and a vibrant public realm, including public f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has received and reviewed a copy of the Aeronautical Assessment, prepared by IDS, dated April 25, 2024. The development is located outside the Airport Zoning Regulation limits, but within the obstacle protection area of the Runway 08 approach paths and Runway 26 departure paths. Nav Canada has provided a maximum elevation of 1,350ft ASL at this location before the Runway 08 LNAV is impacted. The Aeronautical Assessment is based upon a proposed building elevation of 1425.5 feet ASL (which does not include any related constructure crane height). The report notes an impact to airport operations at 1,370 feet ASL and proposes mitigation by redesigning the Runway 08 LNAV approach. In accordance with policy 5.A.20 of the Regional Official Plan, the Region does not support land uses that would be incompatible with airport operations and is not able to support the redesign of the Runway 08 approaches and Runway 26 departures as proposed in the Aeronautical Assessment. As such, the proposed Zoning By-law Amendment for the subject Page 63 of 164 lands must limit the proposed building height (and any related construction cranes) to a maximum of 420m (1,378 feet) ASL. Required wording is as follows: The maximum height of the proposed building and related construction cranes on site shall be 420m (1,378 feet) ASL. Any crane used for the construction of this development (e. g. towers, rooftop HVAC, communication towers/antennas) must be below the maximum height of 420m ASL. Planning Staff have revised the proposed Zoning By-law to comply with the maximum building height proposed by the Region of Waterloo. Therefore, 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. The subject lands are designated `Mixed Use' (Map 3) in the City of Kitchener Official Plan. The Mixed Use land use designation permits a wide range of residential and commercial uses, including high density multiple residential, office, retail, and personal services. The applicant is proposing to add a Specific Policy Area to permit an increased building height and Floor Space Ratio (FSR). The proposed maximum building height is 103 metres, and the proposed FSR is 11.0. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within an Urban Corridor. The planned function of an Urban Corridor is to provide for a range of retail and commercial uses and intensification opportunities that should be transit supportive. They are also generally linear in form and are located along transit corridors. The proposed applications include transit supportive elements, including unbundled parking (less than one parking space provided per unit and sold/leased separately from unit cost) provision of Class A bicycle parking in excess of the minimum zoning standards, and the site's location along an existing transit corridor. The proposed applications also represent an intensification opportunity for housing density while maintaining the commercial space as part of a healthy mix of uses. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for a Major Transit Station Area but also contributes to the vision for a sustainable and more sustainable city. Page 64 of 164 Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed concept includes a pedestrian plaza along retail storefronts and includes terraced landscaping beds and central staircases facing King Street East. Building entrances and windows on the ground floor articulate the building and provide visual interest at street level. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. The building entrance on King Street is designed as barrier free with a ramp rising with the grade towards Fairway Road. Barrier Free parking is provided within all levels of underground and above -grade parking. Site Design, Building Design, Massing and Scale — The subject site is designed to have a building that will be developed at a scale that is compatible with the existing and planned surroundings. The 32 -storey portion (reduced to 27 storeys due to Regional Comments) has been located at the corner, furthest from abutting property lines of abutting lands. Shadow Impact Analysis The applicant has completed a Shadow Impact Analysis in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the requirements outlined in the City of Kitchener Urban Design Manual. Tower Design The proposed 32 -storey tower (reduced to 27 -storeys due to Regional Comments) is classified as a "Large Point Tower" as the proposed tower floor plate is approximately 1,050 square metres in area, with a less than 1.6 ratio of the building length and width. The tower placement has been oriented towards the intersection of King Street and Fairway Road with a 6 -storey podium. The tower massing is broken up vertically by variation and the articulation of building materials and balconies. The tower includes a 12 - storey portion along King Street East as a building step-down. 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, Page 65 of 164 healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. In Map 11 of the City's Official Plan, King Street East is identified as an "Adapted Bus Rapid Transit Corridor". The subject lands are directly adjacent to existing Grand River Transit bus pads on both the King Street and Fairway Road frontages for Routes 1, 8, 23 & 27, providing region wide access and connectivity. The building has sufficient access to cycling networks, including existing off-street cycling facilities, and planned on -street cycling infrastructure. The Dom Cardillo Trail is 500 metres from the subject lands to provide off-street cycling facilities. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment applications support a denser residential development. The location of the proposed buildings will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. Housing Policies: Section 4. 1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the range of dwelling units available in the city. The development is contemplated to include a range of unit types including, one-, two- and three-bedroom units. The wide range of units, in this location, will appeal to a variety of household needs and directly responds to the need for more housing during the current housing crisis. Official Plan Conclusions The Official Plan Amendment application requests that the `Mixed Use' land use designation as shown on Map 3— City of Kitchener Official Plan be amended to add `Specific Policy Area 76'. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Attachment `A'. Proposed Zoning By-law Amendment: The subject lands are currently zoned "Mixed Use Two Zone" in Zoning By-law 2019-051 with Site -Specific Provisions (49) and (118). These site specific provisions allow a higher building height (12 storeys) and a Floor Space Ratio of 4.0 above the base zoning, and were added as part of the City's 2014 Official Plan and Zoning By-law 2019-051. The applicant has requested an amendment to delete the existing two Site -Specific Provisions (49) and (118) and replace them with a new Site -Specific Provision (406). The new site specific provision would establish new development standards for the proposed concept, including height, floor space ratio, parking, and setbacks. Page 66 of 164 A Holding Provision (87H) is requested by the Region of Waterloo to ensure the detailed noise study is updated and implemented prior to the use being permitted on the lands. Official Plan policies indicate that where special zoning regulations are requested for residential intensification or a redevelopment of lands, the overall impact of the site specific zoning regulations will consider compatibility with existing built form; appropriate massing and setbacks that support and maintain streetscape and community character; appropriate buffering to mitigate adverse impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking spaces and an appropriate landscaped/amenity area. Staff offer the following comments with respect to Site -Specific Provision: a) That the maximum Floor Space Ratio (FSR) shall be 11.0. The purpose of this regulation is to cap the Floor Space Ratio (FSR) and ensure development does not exceed the density presented in the concept plans. Floor Space Ratio (FSR) is used to measure the overall massing of the above grade portions of the development, in order to quantify the overall density of the site. The location of the subject lands at the intersection of two Regional Roads, with no abutting lot lines to low rise residential zoning makes the lands a good candidate for increased density for redevelopment. The applicant has provided a development concept that demonstrates adequate building scale and orientation to justify a requested increase in Floor Space Ratio to 11.0. Further, the applicant has provided a concept plan demonstrating functional access, loading, parking, on site circulation, and robust amenity to demonstrate that a building of this typology with the proposed density and Floor Space Ratio of 11.0 can function appropriately on the lands. b) The maximum building height shall be 85 metres above grade, and 420 metres Above Sea Level (ASL). The purpose of this regulation is to regulate the maximum building height for the proposed development. The proposed building height is generally in accordance with the City's Tall Building Guidelines. The applicant has provided a shadow impact analysis that demonstrates that the standards for sunlight and shadow impacts in the City's Urban Design Guidelines are met. The proposed building height represents a high-rise form of development that is appropriate in the Urban Corridor urban structure and within the Mixed Use land designation. The applicant requested a building height of 32 storeys. The Region of Waterloo does not support the proposed height due to impacts on airport operations. The proposed maximum height recommended by staff is the maximum permitted without having impacts on airport operations, according to comments provided by the Region of Waterloo. c) That the minimum vehicle parking be a rate of 0.75 parking spaces per dwelling unit. The purpose of this regulation is to provide for a parking rate which is appropriate for the development. The proposed ratio results in a parking rate of 0.75 parking spaces per dwelling unit. The subject lands have excellent access to public transit and Page 67 of 164 pedestrian/cycling networks and bike storage will be provided within the development for residents and visitors. The requested Zoning By-law Amendment for high density development is encouraged to be transit supportive, and parking ratios lower than 1 parking space per dwelling unit actively encourage transit and active transportation use. Planning and Transportation Services staff is of the opinion that the parking rate of 0.75 parking spaces per dwelling unit is appropriate for the proposed development on the subject lands. d) That the minimum rear yard setback shall be 3.5 metres. The purpose of this regulation is to regulate the building setback to adjacent properties and provide for an adequate building setback for landscaping and amenity areas. The proposed setback of 3.5 metres is from the podium portion (6 storeys) of the building, whereas the tower portion is proposed to be set back 34.3 metres from the rear property line. The proposed rear yard setback of 3.5 metres for the parking podium matches the setback of the existing parking garage structure on site. Outdoor amenity space is provided on top of the parking podium. Planning Staff is of the opinion that the proposed 3.5 metre rear yard setback, for the podium portion of the building, is appropriate for the development on the subject lands. e) That the minimum Class A bicycle parking be a rate of 1.0 bicycle space per dwelling unit. The purpose of this regulation is to establish a minimum amount of Class A (secure, indoor) for residents to store their bicycles. Justification for reduction in vehicle parking can include promoting active transportation by increasing the amount of bicycle parking available to residents. The proposed rate is twice as much as required in the `MIX' zones in Zoning By-law 2019-051. Staff is of the opinion that the proposed rate is appropriate to achieve the City's goals of promoting active transportation. f) That Geothermal energy systems shall be prohibited. The purpose of this regulation is to protect sensitive groundwater areas. The Region of Waterloo requires a prohibition on geothermal energy on the subject lands. Holding Provision (87H) Planning staff are recommending the following holding provision as part of the Zoning By- law Amendment: No residential use shall be permitted until such time as a Road Traffic and Stationary Noise Study is submitted and approved and implementation measures addressed to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. Page 68 of 164 Staff offer the following comments with respect to Holding Provision (87H). Official Plan policies require that holding provisions will be applied in those situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to facilitate the implementation of the Site -Specific Provision (406). The City will enact a by-law to remove the holding symbol when all the conditions set out in the holding provision have been satisfied, permitting development or redevelopment in accordance with the zoning category assigned. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to Mixed Use Two Zone (MIX -2) with Site Specific Provision 406 and Holding Provision 87H represents good planning as it will facilitate the redevelopment of the lands with a mixed-use development that is compatible with the existing neighbourhood, which will add visual interest at the street level, provide enhanced landscaping that will contribute to the streetscape, and which will appropriately accommodate on-site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Attachment "B". Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment Applications was undertaken to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment `D' of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: Planning Justification Report Prepared by: MHBC Planning, May 2024 Urban Design Brief Prepared by: MHBC Planning, May 2024 Architectural Site Plan Prepared by: Reinders + Law Architecture and Engineering, February 2, 2024 Noise Feasibility Study Prepared by: HGC Engineering, April 29, 2024 Functional Servicing and Stormwater Management Report Prepared by: MTE Consultants Inc, May 3, 2024 Site Grading and Servicing Plan Prepared by: MTE Consultants Inc, March 5, 2024 Page 69 of 164 Existing Conditions Plan Prepared by: MTE Consultants Inc, November 28, 2023 Pedestrian Wind Comfort Assessment Prepared by: RWDI, April 30, 2024 Sustainability Statement Prepared by: MHBC Planning, May 17, 2024 Parking Study Prepared by: Paradigm Transportation Solutions Limited, March 2024 Arborist Report Prepared by: JK Consulting Arborists, May 6, 2024 Aeronautical Assessment Prepared by: IDS North America, April 25, 2024 Building Elevations & Renderings Prepared by: Reinders + Law Architecture and Engineering, April 30, 2024 Floor Plans Prepared by: Reinders + Law Architecture and Engineering, May 1, 2024 Risk Management Plan Prepared by: Region of Waterloo, March 20, 2024 Shadow Impact Analysis Prepared by: Reinders + Law Architecture and Engineering, May 1, 2024 Community Input & Staff Responses Staff received written responses from 5 residents with respect to the proposed development. These are included in Attachment `E'. A Neighbourhood Meeting was held on August 7, 2024. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Concern for the current The owner has stated that they intend to operate for restaurant(s) on site to be closing. the long-term on the site. Impacts of shadows from the tall A Shadow Study has been submitted. Staff have building reviewed the study and are satisfied the shadow study meets the minimum requirements, as related to shadow impacts and will have minimal impacts on adjacent properties. Page 70 of 164 WHAT WE HEARD Approximately 5 people provided comments A City -led Neighbourhood Meeting held on August 7, 2024 and approximately 3 different users logged on 325 households (occupants and property owners) were circulated and notified Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit 2980 King Street East to be Page 71 of 164 The subject lands do not directly abut any lands zoned low rise residential. Parking will be insufficient The City's policies for this area encourage Transit Supportive Development. This includes providing for less than 1 parking space per dwelling unit to encourage transit use, as well as other forms of transportation including active transportation. The proposed parking rate in the development helps the City achieve its goals for a modal shift from automobile dependence. WHAT WE HEARD Approximately 5 people provided comments A City -led Neighbourhood Meeting held on August 7, 2024 and approximately 3 different users logged on 325 households (occupants and property owners) were circulated and notified Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit 2980 King Street East to be Page 71 of 164 developed with a mixed-use building. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. It is recommended that the applications be approved. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Two large notice signs were posted on the property and information regarding the application was posted to the City's website in June 2024. 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 Meeting. Notice of the Statutory Public Meeting was also posted in The Record on August 23, 2024 (a copy of the Notice may be found in Attachment `C'). CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands in June 2024. In response to this circulation, staff received written responses from 5 members of the public. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina — Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Readman, Justin— General Manager, Development Services Department ATTACHMENTS: Page 72 of 164 Attachment A —Proposed Official Plan Amendment Attachment B — Proposed Zoning By-law Amendment Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Public Comments Attachment F — Site Plan Page 73 of 164 Attachment "A" DSD-2024-375 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 2980 King Street East Page 74 of 164 INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 2980 King Street East TITLE AND COMPONENTS PURPOSE OF THE AMENDMENT BASIS OF THE AMENDMENT THE AMENDMENT Notice of the Meeting of Planning and Strategic Initiatives Committee of September 16, 2024 Minutes of the Meeting of Planning and Strategic Initiatives Committee — September 16, 2024 Minutes of the Meeting of City Council — September 30, 2024 Page 75 of 164 Attachment "A" DSD -2024-375 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Official Plan by adding Specific Policy Area 76 to Map 5 and by adding associated Policy 12.D.12.76 to the text of the Official Plan. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are designated `Mixed Use' in the City of Kitchener Official 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: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, 3 Page 76 of 164 Attachment "A" DSD -2024-375 (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 has approved an integrated province -wide land use planning policy document, replacing the current Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which will come into effect October 20, 2024 (after a decision is made on these applications). Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed multiple dwelling development includes 436 new dwelling units. Planning staff is of the opinion that the proposed applications will facilitate the intensification of the subject property with a high-density mixed use development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. 4 Page 77 of 164 Attachment "A" DSD -2024-375 Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; C) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; 5 Page 78 of 164 Attachment "A" DSD -2024-375 f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has received and reviewed a copy of the Aeronautical Assessment, prepared by IDS, dated April 25, 2024. The development is located outside the Airport Zoning Regulation limits, but within the obstacle protection area of the Runway 08 approach paths and Runway 26 departure paths. Nav Canada has provided a maximum elevation of 1,350ft ASL at this location before the Runway 08 LNAV is impacted. The Aeronautical Assessment is based upon a proposed building elevation of 1425.5 feet ASL (which does not include any related constructure crane height). The report notes an impact to airport operations at 1,370 feet ASL and proposes mitigation by redesigning the Runway 08 LNAV approach. In accordance with policy 5.A.20 of the Regional Official Plan, the Region does not support land uses that would be incompatible with airport operations and is not able to support the redesign of the Runway 08 approaches and Runway 26 departures as proposed in the Aeronautical Assessment. As such, the proposed Zoning By-law Amendment for the subject lands must limit the proposed building height (and any 6 Page 79 of 164 Attachment "A" DSD -2024-375 related construction cranes) to a maximum of 420m (1,378 feet) ASL. Required wording is as follows: The maximum height of the proposed building and related construction cranes on site shall be 420m (1,378 feet) ASL. Any crane used for the construction of this development (e.g. towers, rooftop HVAC, communication towers/antennas) must be below the maximum height of 420m ASL. Planning Staff have revised the proposed Zoning By-law to comply with the height cap propsoed by the Region of Waterloo. Therefore, 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. The subject lands are designated `Mixed Use' (Map 3) in the City of Kitchener Official Plan. The Mixed Use land use designation permits a wide range of residential and commercial uses, including high density multiple residential, office, retail, and personal services. The applicant is proposing to add a Specific Policy Area to permit an increased building height and Floor Space Ratio (FSR). The proposed maximum building height is 103 metres, and the proposed FSR is 11.0. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within an Urban Corridor. The planned function of an Urban Corridor is to provide for a range of retail and commercial uses and intensification opportunities that should be transit supportive. They are also generally linear in form and are located along transit corridors. The proposed applications include transit supportive elements, including unbundled parking (less than one parking space provided per unit and sold/leased separately from unit cost) provision of Class A bicycle parking in excess of the minimum zoning standards, and the site's location along an existing transit corridor. The proposed applications also represents an intensification opportunity for housing density while maintaining the commercial space as part of a healthy mix of uses. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will 7 Page 80 of 164 Attachment "A" DSD -2024-375 support a development that not only complies with the City's policies for a Major Transit Station Area but also contributes to the vision for a sustainable and more sustainable city. Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed concept includes a pedestrian plaza along retail storefronts and includes terraced landscaping beds and central staircases facing King Street East. Building entrances and windows on the ground floor articulate the building and provide visual interest at street level. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Universal Design — The development will be designed to comply with Accessibility for Ontarian's with Disabilities Act and the Ontario Building Code. The building entrance on King Street is designed as barrier free with a ramp rising with the grade towards Fairway Road. Barrier Free parking is provided within all levels of underground and above -grade parking. Site Design, Building Design, Massing and Scale — The subject site is designed to have a building that will be developed at a scale that is compatible with the existing and planned surroundings. The 32 -storey portion (reduced to 27 storeys due to Regional Comments) has been located at the corner, furthest from abutting property lines of abutting lands. Shadow Impact Analysis The applicant has completed a Shadow Impact Analysis in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the requirements outlined in the City of Kitchener Urban Design Manual. Tower Design The proposed 32 -storey tower (reduced to 27 -storeys due to Regional Comments) is classified as a "Large Point Tower" as the proposed tower floor plate is approximately 1,050 square metres in area, with a less than 1.6 ratio of the building length and width. The tower placement has been oriented towards the intersection of King Street and Fairway Road with a 6 -storey podium. The tower massing is broken up vertically by Page 81 of 164 Attachment "A" DSD -2024-375 variation and the articulation of building materials and balconies. The tower includes a 12 -storey portion along King Street East as a building step-down. 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. In Map 11 of the City's Official Plan, King Street East is identified as an "Adapted Bus Rapid Transit Corridor". The subject lands are directly adjacent to existing Grand River Transit bus pads on both the King Street and Fairway Road frontages for Routes 1, 8, 23 & 27, providing region wide access and connectivity. The building has sufficient access to cycling networks, including existing off-street cycling facilities, and planned on -street cycling infrastructure. The Dom Cardillo Trail is 500 metres from the subject lands to provide off-street cycling facilities. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit - oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment applications support a denser residential development. The location of the proposed buildings will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the range of dwelling units available in the city. The development is contemplated to include a range of unit types including, one, two and three bedroom units. The wide range of units, in this location, will appeal to a variety of household needs and directly responds to the need for more housing during the current housing crisis. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Part C, Section 15.D.12 Area Specific/Site Specific Policy Areas is amended by adding Special Policy 15.D.12.76 thereto as follows: "76. Notwithstanding the Mmixed Use land use designation and policies, applied to the lands located at 2980 King Street, the maximum Floor Space Ratio shall be 11 and the maximum builidng height shall be 85 metres. 9 Page 82 of 164 Attachment "A" DSD -2024-375 A Holding Provision shall be applied to residential uses and will not be removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Noise Study and implementation measures have been reviewed and approved by the Region of Waterloo. b) Map No. 5 — Specific Policy Areas is amended by designating the lands, municipally addressed as 2980 King Street East, as `Mixed Use with Special Policy Area 76" instead of `Mixed Use', as shown on the attached Schedule W. 10 Page 83 of 164 APPENDIX 1 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 2980 Ding Street East Concept Drawing 0 32 Storeys 436 Dwelling Units Af3 3 Ground Floor Commercial Units Attachment "A" DSD -2023-428 L L Kc4ff aT(_TiE ER Have Your Voice Heard! Planning & Strategic InitiativesCommittee Date: September 16, 2024 Location. Council Chambers. Kitchener City Hall 200 King Street West orVirtual Zoom Meeting 6o to kitchener.calmeetings and select: • Current agendas and reports (pasted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more aboutthis project. including information on your appeal nigh*s, visit: www.kitchener.ca% lila nningAppiications or contact: Eric Schneider, Senior Planner eric.schne der(c�kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider applications for an Official Plan Amendment and a Zoning By-law Amendment to facilitate the redevelopment of the site with the removal of the existing commercial building and parking garage and replacing itith a 32 -storey mixed use building having a Floor Space Ratio of 11, with ground floor commercial and 436 dwelling units on the floors above and having 339 parking spaces. Page 84 of 164 Attachment "A" DSD-2023-428 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — September 16, 2024 12 Page 85 of 164 Attachment "A" DSD-2023-428 APPENDIX 3 Minutes of the Meeting of City Council — September 30, 2024 13 Page 86 of 164 1 2 LLL.I W w I x WLLo "' Q U)co0 a W coQ zzQ� � o 0 0 Q LL 0 2 J O� O w O 0LU N N z m V a F- ,� a � LL LO cn c +, v cn d z O HJHJ 0tf m N L Q Y Q z 0 i O c v c a wQ M Na) '— LL U a . Y -.4.E 0-z W D LL Q U V O N Lo M °� 000 W w O W U O - - - N M Q N 0 i Z U Qa � LO 0 0� w 2 w W cn O LU Q i Q U cn ®®®®® Q Z Q `~ J J O w d i U J z Q w U z o LL z w O Oo N 0 w �i U) 44/ w A., TOM �v COvJ p tiCo LO N O O N U) O w 00 Q NPK� �R Q w 0o U o (D U) w w (D Qa w 4/ W00 J Q co�� o Ci co z ry, LLI <Y uico z N d d Q DSD -2024-375 Attachment "B1" PROPOSED BY — LAW '2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law No. 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Charcoal Properties Ltd. — 2980 King Street East) WHEREAS it is deemed expedient to amend Zoning By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Numbers 220 and 239 of Appendix "A" to By-law 2019-051 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use Two Zone (MIX -2) with Site Specific Provisions (49) and (118) to Mixed Use Two Zone (MIX -2) with Site Specific Provision 406 and Holding Provision (87H). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (406) thereto as follows: "406. Notwithstanding Sections 5.6 and 8.3 of this By-law, for the lands zoned MIX -2 and shown as being affected by this subsection on Zoning Grid Schedule Numbers 220 and 239 of Appendix "A", the following special regulations shall apply: i) The maximum Floor Space Ratio shall be 11; ii) The maximum Building Height shall be 85 metres above grade, and 420 metres Above Sea Level (ASL); iii) The minimum Rear Yard Setback shall be 3.5 metres; iv) The minimum residential parking rate shall be 0.75 spaces per Dwelling Unit,- v) nit, v) The minimum Class A Bicycle Parking requirement shall be 1.0 space per Dwelling Unit. Page 88 of 164 DSD -2024-375 Attachment "131" vi) Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed- loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation." 3. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (87H) thereto as follows: "87H. Notwithstanding Section 8 of this By-law within the lands zoned Mixed Use Two Zone (MIX -2) and shown as being affected by this subsection on Zoning Grid Schedule Numbers 220 and 239 of Appendix "A", no residential uses shall be permitted until such time as the following condition has been met and this holding provision has been removed by by-law: a) A detailed transportation (road) and stationary noise study has been completed and implementation measures recommended to the satisfaction of the Region." 4. This By-law shall become effective only if Official Plan Amendment No. _, 2980 King Street East comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of 2024. 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W,0 ZLL �'' W W 1 N O w � � � IW x U N so cl \- \ W ' Oo N r \W ui ►n ^ ^ 1 O d' O ~ WOW f H 1 N W p g coX 1 0 a ,. w w NO%�b O J ui m r a 6 L 37na3HaS MU/b Ob a3 Q 6i -� ZZ ainaaHas °' W 9-7na9HaS v Q N ^ U) 0 X co C;) � 1 1 0 2 N (n , d� W W W _ O CIN ■ U LU JI J O LL1 (n O WIW ` O Z Ln 7 V, V A a `� Ln Ch� y, y li 0 ,W= W �CD� e O coN NOTICE OF PUBLIC MEETING fora development in your neighbourhood 2980 King Street East Concept Drawing 32 436 3 Ground Storeys Dwelling Floor Units Commercial Units IIT(',H,NL Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: September 16, 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: Eric Schneider, Senior Planner eric.schneider@ kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider applications for an Official Plan Amendment and a Zoning By-law Amendment to facilitate the redevelopment of the site with the removal of the existing commercial building and parking garage and replacing it with a 32 -storey mixed use building having a Floor Space Ratio of 11, with ground floor commercial and 436 dwelling units on the floors above and having 339 p 6'g1s•of 164 City of Kitchener OPA/ZBA comments Application type: Zoning By-law Amendment Application ZBA24/014/K/ES Official Plan Amendment Application OPA24/008/K/ES Comments of: Transportation Services Commenter's name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 e 7369 Date of comments: July 24, 2024 Comments due: July 24, 2024 Project address: 2980 King Street East As part of a complete Zoning By-law and Official Plan amendment application, a Parking Study was submitted (March 2024) by Paradigm Transportation Solutions Limited in support of these applications. Transportation Services have reviewed the parking study and offer the following comments. Development proposal The applicant is proposing to redevelop the site with a 32 -storey mixed-use tower with 418 residential units and 812M2 of commercial space. The site will have vehicle access provided by one full moves access point along King Street East (Regional Road 6). There are a total of 288 parking spaces are being proposed for all uses and are located within an underground parking garage, podium and at grade. Parking Demand analysis Forecasted Parking Demands were analyzed that included the Transportation Tomorrow Survey (TTS 2016) data, ITE Parking Generation Manual (6t" edition) and proxy site data from developments within the City of Kitchner. Based on that collected information, the estimated residential parking demand is between 0.43 and 1.03 spaces per unit (180 and 431 spaces). The estimated maximum non-residential parking demand is approximately 22 spaces. Active Transportation (AT) analysis There are several Grand River Transit (GRT) routes less than 600m from this development. They include the following routes: 1, 8, 23, 27, iXpress 206 and ION Bus 302. These routes have weekday headways between 10 to 45 minutes during the AM/PM peak hours and these routes offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided generally on both sides of roadways in the surrounding area. There are existing cycling opportunities in the area along the Dominic Cardillo Trail between Morgan Avenue and Franklin Street North, which is less than 600m from this development. There are future A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 92 of 164 cycling improvements along Fairway Road North (Morgan Avenue to River Road) with separated cycling lanes, a bikeway along Morgan Avenue (Fairway Road North to River Road) and a multi -use trail along Fairway Road North and River Road. To encourage cycling and take advantage of the existing and future cycling opportunities in the area, the applicant is providing 286 Class A indoor secure bicycle parking spaces and 6 Class B outdoor bike parking spaces, as noted on the submitted site plan with this application. Transportation Demand Management (TDM) analysis The applicant intends to have the parking unbundled and offered at a separate cost to leasing or owning a unit. This approach is more equitable and effective as tenants are not forced to pay for parking that they do not need. Transportation Services supports this approach. The applicant is considering providing subsidized transit passes for a minimum of two years to further encourage alternative modes of transportation as their primary mode of travel. Transportation Services recommend that subsidized transit passes are provided for support of a reduced parking ratio. The transit passes coupled with the unbundled parking are a great way to provide that shift to an alternative mode of transportation and reduce the dependency on the vehicle and the reduced parking rate that the applicant is seeking. Conclusion Prior to Transportation Services providing its final comments, clarification should be provided for the following discrepancies between the Parking Study and site plan statistics that were provided as part of this OPA/ZBA submission. The Parking Study notes the following site statistics, while the City of Kitchener template information is indicated in italics. • 418 units • 288 provided parking spaces (0.69sp/unit) • 0 visitor parking • 0 non-residential parking (436 units) (339 provided parking spaces 0.78sp/unit) (0 visitor parking) (0 non-residential parking) It should be noted that this development is showing two ground floor commercial units and to qualify for zero visitor parking as proposed, three commercial units are needed for the multi -unit parking rate. Transportation Service isn't prepared to waive the parking requirements for visitor and non-residential parking. Therefore, visitor parking should be provided at a rate of 0.1 space per unit and non-residential parking of 22 spaces be provided, as noted in the report. The Parking Study states one full moves access to King Street East, however, it should be noted that this is a shared access with the neighbouring property at 2960 King Street East. Also, the submitted site plan notes a parking structure entrance along Fairway Road North (Regional Road 53), which accounts for a second access point. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 93 of 164 Region of Waterloo Eric Schneider Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Schneider, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephane:519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Will Towns 1-519-616-1868 File: D17/2/24008 C14/2/24014 August 21, 2024 Re: Proposed Official Plan Amendment OPA 24/08 and Zoning By-law Amendment ZBA 24/014 2980 King Street East MHBC Planning Limited (C/O Andrea Sinclair) on behalf of Charcoal Properties Limited (C/O Tom Wideman) CITY OF KITCHENER On behalf of the property owner, MHBC Planning has submitted a site-specific Official Plan amendment (OPA) and zoning by-law amendment (ZBA) application for a development proposal at 2980 King Street East (the subject lands) in the City of Kitchener. The owner is proposing to demolish the existing building on-site and construct a 32 - storey mixed-use building with a 12 -storey stepdown to a 6 -storey podium that will contain approximately 436 dwelling units and 690 m2 of commercial space. The subject lands are located in the Urban Area and Delineated Built Up Area in the Regional Official Plan. The site is designated Mixed Use in the City of Kitchener Official Plan and zoned Mixed Use 2 (MIX -2). The applicant has requested an OPA to redesignate the subject lands to add a site-specific policy to permit an FSR of 11 (whereas FSR of 4 is permitted) and a ZBA to rezone the lands and apply a site-specific provision to permit an increased FSR, building height and reduced visitor and commercial parking. The Region has had the opportunity to review the proposal and offers the following: Document Number: 4722148 Version: 1 Page 1 of 9 Page 94 of 164 Community Planning 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. Built Up Area Policies: Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.B.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of 15 -minute neighbourhoods. The proposed density will contribute to the achievement of Kitchener's intensification target for the Delineated Built Up Area. In addition, the applicant has proposed stacked townhouses throughout the development, which is encouraged as a form of missing -middle housing in the Delineated Built -Up Area. Region of Waterloo International Airport The Region has received and reviewed a copy of the Aeronautical Assessment, prepared by IDS, dated April 25, 2024. The development is located outside the Airport Zoning Regulation limits, but within the obstacle protection area of the Runway 08 approach paths and Runway 26 departure paths. Nav Canada has provided a maximum elevation of 1,350ft ASL at this location before the Runway 08 LNAV is impacted. The Aeronautical Assessment is based upon a proposed building elevation of 1425.5 feet ASL (which does not include any related constructure crane height). The report notes an impact to airport operations at 1,370 feet ASL and proposes mitigation by redesigning the Runway 08 LNAV approach. In accordance with policy 5.A.20 of the Regional Official Plan, the Region does not support land uses that would be incompatible with airport operations and is not able to support the redesign of the Runway 08 approaches and Runway 26 departures as proposed in the Aeronautical Assessment. As such, the proposed Zoning By-law Amendment for the subject lands must limit the proposed building height (and any related construction cranes) to a maximum of 420m (1,378 feet) ASL.. Required wording is as follows: The maximum height of the proposed building and related construction cranes on site shall be 420m (1,378 feet) ASL. Any crane used for the construction of this development (e.g. towers, rooftop HVAC, communication towers/antennas) must be below the maximum height of 420m ASL. In addition to the above, the development may be subject to noise and the presence of overhead aircraft. Regional staff shall require the following noise warning clause be Document Number: 4722148 Version: 1 Page 2 of 9 Page 95 of 164 implemented through a registered development agreement between the Owner/Developer and the Regional Municipality of Waterloo through a future consent or condominium application: "Prospective purchasers and tenants are advised that all units in this development are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." Environmental Noise (Transportation and Stationary Sources) Study The Environmental Noise Study entitled Noise Feasibility Study, Proposed Residential Development, 2980 King Street East, Kitchener, ON, prepared by HGC Engineering Ltd., dated April 29, 2024 has been reviewed by the Region's peer review consultant. The report assesses both transportation and stationary sources in the vicinity of the proposed development. Peer review comments are attached to this letter. Note that minor revisions only are identified by the peer reviewer; therefore, a revised study is not required for Regional support for the OPA/ZBA application, but the study should be revised and resubmitted to the Region for our records. In addition, the Region will require a Holding Provision until a detailed noise study addressing final design of the site and its impact on surrounding sensitive land uses and itself is prepared and accepted by the Region. The required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation (road) and stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. Corridor Planning Official Plan Amendment and Zoning By-law Amendment Requirements Functional Servicing and Stormwater Management Report The report entitled "2980 King Street East Functional Servicing and Stormwater Management Report" (dated May 3, 2024, prepared by MTE) and associated drawings C1.1 (Existing Conditions & Removals Plan) have been reviewed by Regional staff. Note that Regional staff have no concerns with the SWM report preliminarily, although please note that a detailed SWM report will be required as part of a site plan application. Comments to be addressed will be provided to the applicant's engineering consultant under separate cover. Please note that the Region must be satisfied with the Functional Servicing and Stormwater Management report prior to a recommendation being made on the OPA/ZBA application. Access & Site Circulation: Document Number: 4722148 Version: 1 Page 3 of 9 Page 96 of 164 The consultant must confirm that the proposed vehicular access to Fairway Road North will work as a right-in/right-out access via the use of a sign located on private property without the need for any other road improvements. Please note that there is an existing centre median (raised and depressed combination) with a southbound left turn lane. The condition for this access on Fairway Road will be right-in/right-out use only. The consultant is also asked to clarify if the access to King Street East (shared with the adjacent property at 2960 King Street East) is proposed to continue. If an agreement is not in place already, a Mutual Access Agreement must be registered on title between both properties to ensure the continued shared use of this access. Transit Planning The subject lands are well -served by transit with Grand River Transit (GRT) Route 8 operating adjacent to the site and Route 302 (ION Bus) offering two-way service on King Street East. Route 27 provides two-way service on Fairway Road and King Street East, while Routes 1 and 23 provide two-way service on Fairway Road North. Two GRT stops are also located adjacent to the subject lands. Stop #1042 is located on Fairway Road North and stop #2621 is located on King Street East. Stop #2621 warrants improvement as there is only room for a concrete landing pad within the King Street East right-of-way and many GRT customers sit on an existing retaining wall on the subject lands while they wait for the bus. Given the increased density proposed for the subject lands and the existing high levels of boarding activity at this location, stop #2621 will need to be improved and an easement in favour of the Region of Waterloo will be required on the property side of the municipal sidewalk to support the installation of a glass transit shelter. GRT staff recommend that the transit shelter easement be located in the most westernmost area identified as a planter on Drawing No. 23070 -SP1, just east of the existing pedestrian entrance to the subject lands (leading to the front door of the restaurant). The transit shelter easement will be approximately 2.3m deep by 6m wide and will house a concrete shelter pad and glass transit shelter. This easement will also require the removal of a portion of the proposed planter and a possible reconstruction of the existing retaining wall, if warranted. In addition to the easement, as a condition of site plan approval or plan of condominium, the applicant/owner will be required to provide funds in lieu for the constriction of the concrete transit shelter pad as well as a 5' x 16' glass transit shelter. The current cost of the concrete shelter pad and glass transit shelter amounts to $19,630, but the cost of these amenities may increase in the future. To identify the most appropriate placement of the transit amenities, please consult with GRT staff prior to finalizing site plans. Transportation Demand Manaaement (TDM Regional staff are supportive of 286 secure indoor (Class A) bike parking spaces as noted in the Planning Justification Report. Given the proposed 436 residential units, this results in a rate of approximately 0.66 spaces per unit, which is above the required minimum rate of 0.5 required by the City of Kitchener. The report also states that additional bike parking may be provided in the individual units. Regional staff strongly Document Number: 4722148 Version: 1 Page 4 of 9 Page 97 of 164 support this as some bicycle owners have bikes which are of significant value, and providing them with the practical option of keeping that bike secure in their unit is encouraged. Residents without the need to store a bike in their unit could repurpose that space for storage. Regional staff note that six (6) outdoor Class B spaces outlined in the report meet the City of Kitchener's minimum for a multiple dwelling building; however, this does not consider the 692 m2 of proposed commercial space. Assuming the use to be "commercial entertainment", three additional spaces are recommended. Regional staff also strongly encourage the provision of more outdoor Class B bicycle parking due to the reduction in minimum parking requirements from 0.9 spaces/dwelling unit with approximately 17 for the commercial area for a combined 0.75 spaces per dwelling unit. Additional Class B bicycle parking should be added to accommodate commercial customers as well as food delivery by bicycle. It is also recommended that additional space be designated outdoors for a shared micromobility system parking pad. Placement of Class A Bike Parking.- In arking:In the underground garage, the door to the bike parking room exits into a vehicle parking space. It is recommended that this door placement be adjusted so as not to require cyclists to maneuver between a parked car and the wall. It is also recommended that some of the bike storage space be "Open Space" without racks, to allow for users to park non -conventional bikes (e.g. tricycles, fat -tire bikes, child bikes, trailers, cargo bikes, etc.). On the ground floor, a more direct route from the lobby to the bike room would be beneficial, potentially with access from the moving room. The level 1 (Mezzanine) and levels 2-5 bike rooms are generally very good, although access to these areas may be improved by adding a second door to the larger room, providing a more direct route to the garage. General Comments on Bike Parking.- Regional arking:Regional staff recommend that the doors to the bike room(s) be key -card activated automatic doors and that the card readers/buttons/swept path of the door be arranged to ensure convenience for someone walking a bike, and that the doors be as wide as possible. Sliding doors are also encouraged. One secure bike room should have a bike fix -it station with stand, tools and air pump. Some space in each room should be left without bike racks to support residents with unconventional bikes (e.g. tricycles, fat -tire bikes, child bikes, trailers, cargo bikes, etc.). A bike wash station should be located in the parking garage and can include a hose connection, hose, nozzle, drain and bike stand. Site Plan Application Requirements Access Permit An Access Permit with the applicable fee of $230 is required for the proposed accesses on Fairway Road north and King Street East. Any redundant accesses will be closed Document Number: 4722148 Version: 1 Page 5 of 9 Page 98 of 164 and require permit to facilitate closure (please note that there is no fee for access closure). In addition, any shared access requires a mutual access agreement between property owners, as described above. The application for the Regional access permit can be found here: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment- Forms/Com mercial-Access-Perm it -Application Site Grading & Stormwater Management (SWM) Storm sewers within the rights-of-way of Regional roads are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances, off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road and King Street East will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road and King Street East storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. It is the responsibility of the applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Malcolm Lister, Manager, Technical Servicing at the Region of Waterloo at mlister(o)regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road and/or King Street East is available which may be of assistance. The applicant must submit electronic copies of the detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a Stormwater Management Report for Regional review and approval. This should include drainage details for the subject lands, abutting properties and the public road allowance to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features all to the Region's satisfaction. Transit Planning GRT requires the following as a condition of the future site plan application in accordance with Section 5.A.3 of the Region Official Plan (and as discussed in more detail above): • The Owner/Applicant shall provide funds in lieu for the construction of: o One 2.3m X 6m concrete transit shelter pad; and o One 5' x 16' glass transit shelter • That the Owner/Applicant will provide an easement for a transit shelter in favour of the Region of Waterloo (Grand River Transit) for an area of land equal to the size of the required concrete transit shelter pad, for the purpose of providing a dedicated space for a transit shelter on the property side of the municipal sidewalk in the approximate location of existing GRT stop #2621. • The transit shelter easement must be identified on the development plans. Document Number: 4722148 Version: 1 Page 6 of 9 Page 99 of 164 A draft R -Plan prepared by an Ontario Land Surveyor must be provided for the review by Regional staff prior to depositing the plan to the Land Registry Office. The conveyance of the transit shelter easement will be all at the Owner's cost and will require a legal presentation on behalf of the Owner, who will work with the Region's legal representative to convey the transit easement. Site Servicing/Work Permit/Municipal Consent: The approval of the servicing plan requires a separate process of Municipal Consent for the installation of any proposed new servicing connections or the removal of existing servicing connections. In addition, a Work Permit shall be obtained from the Region of Waterloo prior to commencing construction within the Region's right-of-way. Please see the following link for additional information: https://rmow. Perm itcentral.ca/ Hydrogeology and Water Programs/Source Water Protection Regional staff have reviewed the Functional Servicing and Stormwater Management Report (MTE, May 2024) and have no objections to the report from the perspective of source water protection. Please note that active and passive dewatering infrastructure shall not be permitted; waterproof seals shall be used in lieu of permanent dewatering infrastructure. As a hydrogeology study has not been submitted as part of the complete application for the OPA/ZBA, a prohibition on geothermal wells shall be implemented within the amending zoning by-law for the site, including vertical open- and closed-loop geothermal energy systems. The required wording for the prohibition is: Geothermal Wells are prohibited on-site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Finally, the Region supports clean rooftop runoff directed to the infiltration gallery and for chloride laden runoff from parking lots/internal drives to be directed to the storm sewer, and shall require a salt management plan to be prepared 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: • Ensuring that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the Document Number: 4722148 Version: 1 Page 7 of 9 Page 100 of 164 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 SaItTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaItTM program for this property. Completion of the SMP is one part of the program. To learn more about the 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. Housing Services Regional staff understand that the applicant has not proposed affordable housing through this development. The Region encourages applicants to include affordable housing in the development of multi -residential buildings, but has no objection to the application. Fees Please be advised that the Region is in receipt of the OPA review fee of $7,000 and the ZBA review fee of $3,000 ($10,000 in total) deposited July 15, 2024. In addition, the peer review fee (totalling $5,085) was received and deposited on July 15, 2024. Conclusions & Next Steps Regional staff have no objection to the proposed application, provided the following are addressed: The amending zoning by-law for the site specifies a maximum height of 420 metres (1,378 feet) ASL for any buildings and related construction cranes to ensure compatibility with airport operations. The owner/applicant's engineering consultant revises the FSR/SWM report and associated drawings (C1.1. and C2.1) in accordance with commentary provided directly to the engineering consultant by the Region (under separate cover). Note also the requirements for a holding provision for the requirement to complete a detailed noise study and the site-specific geothermal prohibition described herein. Regional staff also request a copy of the preliminary noise study prepared in support of this application reflecting minor revisions requested by the peer reviewer. 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: 4722148 Version: 1 Page 8 of 9 Page 101 of 164 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 the undersigned. Yours truly, Will Towns, RPP Senior Planner C. MHBC Planning Inc. c/o Andrea Sinclair (Applicant) Charcoal Properties Ltd. c/o Tom Wideman (Owner) Document Number: 4722148 Version: 1 Page 9 of 9 Page 102 of 164 Hi Eric, Engineering and SSU have reviewed the FSR and are in support of the zone change with a peak sanitary flow of 7.94L/s. MTE assumed the existing sanitary is coming off Morgan Ave, but my records show it off King. This discrepancy does not affect the OPA/ZBA. Kitchener Utilities has reviewed the water distribution and have no concerns. Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering 519-741-2200 Ext. 7820 Page 103 of 164 Environmental planning has no concerns with the proposed OPA and ZBA. I can advise: • There are no natural heritage features or functions of local, Regional, Provincial, or national significance on, or adjacent to the subject property. • The Arborist Report and Detailed Vegetation Plan dated May 6, 2024, prepared by JK Consulting Arborists submitted as part of a complete application notes that 11 trees have been identified to be removed, 10 are on the property and 1 is a boundary tree with the City. Trees located on adjacent property are to be retained and protected with tree protection fencing. • As part of a complete Site Plan Application, a Tree Preservation / Enhancement Plan (TP/EP) building upon and/or incorporating recommendations from the Arborist Report and Detailed Vegetation Plan should be completed for review/approval by Urban Design staff. Regards, Carrie Musselman (she/her), BSc., Dip., MCIP, RPP Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselman@kitchener.ca Page 104 of 164 Hello Christine and Eric, The Ministry of Transportation (MTO) has completed a review of the attached application, located at 2980 King St E, Kitchener. The document circulated has been considered in accordance with the Public Transportation and Highway Improvement Act (PTHIA), MTO's Highway Corridor Access Management Manual, and all other related MTO policies. The site is in proximity to Highway 8 and the site falls within MTO's permit control area. As such, MTO issued Building and Land Use permits are required before any demolition, grading, construction or alteration on the site commences.An accordance with the Ontario Building Code, municipal permits may not be issued until such time as all other applicable requirements (i.e.- MTO permits/approvals) are satisfied. Building and Land Use Permit MTO Building and Land Use Permit(s) will be required. As a condition of MTO permits, the following shall be provided; • The Proponent shall submit an acceptable Site Plan to MTO review and acceptance. These plans shall clearly identify all structures/works (existing and proposed). Sign Permit MTO Sign Permit(s) would be required for any exiting or proposed signage visible from the Highway property limit. A MTO sign permit will be required prior to installation of signs. This is inclusive of any temporary signage. If there are any questions please let me know. Thank you, Jeremiah Johnston Corridor Management Planner I Highway Operations Branch Ministry of Transportation I Ontario Public Service (226)-980-6407 1 jeremiah.johnstonpontario.ca Ontario 0 Taking pride in strengthening Ontario, its pla ces and its people Page 105 of 164 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 2980 King St E Owner: Charcoal Properties Limited Application: ZBA24/014/K/ES and OPA24/008/K/ES Comments Of: Park Planning Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: July 17 2024 Documents Reviewed: I have reviewed the documentation noted below submitted in support of an Official Plan Amendment and Zoning Bylaw Amendment to allow the development of the subject lands with a 32 -storey mixed use building with a 12 -storey stepdown portion and a 6 -storey podium containing 436 dwelling units and approximately 690 mz of ground floor commercial space. A Floor Space Ratio (FSR) of 11 is proposed. 339 parking spaces are proposed underground and within the podium levels. In orderto permitthe proposed development, an Official Plan Amendment to the 'Mixed Use' designation to add a site-specific policy area and Zoning By-law Amendment to add a site-specific to the existing 'MIX - 2' zone are required. • Planning Justification Report • Urban Design Brief • Noise Study • Shadow Study • Wind Study • Site Plan • Floor Plans • Site Statistics • Tree Preservation and Enhancement Plan and Arborist Report • Building Elevations • Architectural Renderings • Site Grading and Servicing Site Specific Comments & Issues: The site is within the Centerville Chicopee Planning Community that has been identified through Places and Spaces - An Open Space Strategy for Kitchener, as moderately well served with active neighbourhood park space. The site is within 750m of active park space, which is typically further than is desirable. Although it is typically recommended that physical land dedication be pursued through Planning applications to address the shortfall or lack of access to planned park space within the community, the amount, configuration and location of potential park space available through this application is not A City for Everyone Working Together — Growing Thoughtfully — Building Community P 46 of 164 City of Kitchener Zone Change / Official Plan Amendment Comment Form suitable. It is expected that Park Dedication will be satisfied as a condition of the required site plan approval through cash in lieu of land. Park Planning has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide conditional support subject to the updates to submitted studies noted below. Comments on Submitted Documents The existing parking structure is built across the property line with 2960 King St E and it is unclear from the drawings how the existing structure will be demolished, revised and function across the joint property line. A revised site plan for 2960 King St E may also be required and if there is shared parking or off-site parking, minor variances and / or additional agreements may be necessary. If there are existing easements for the parking structure, these should be revised/removed from title as part of a Site Plan application. Planning Justification Report — MHBC Planning dated May 2024 Both the Planning Justification Report and the Urban Design Brief indicate that detailed design and programming for the proposed outdoor amenity spaces will occur as part of the detailed design phase of the site plan approval application. Additional information and detail are required within the Urban Design Brief to provide conceptual details for on-site amenity spaces including commentary and precedent images to guide detailed site design through the site plan application. Section 4.4.5 (final sentence) Parks, Open Space, Urban Forests and Community Facilities should be revised to include similar commentary to the Urban Design Brief regarding the intended design elements of the proposed outdoor amenity spaces. Urban Design Brief - — MHBC Planning dated May 2024 The Urban Design Brief should be revised to include conceptual details for on-site amenity spaces that are shown on the ground floor and on the 6th floor podium rooftop. These revisions should include sufficient commentary and precedent images to guide detailed site design through the site plan application phase. Through detailed design at the site plan application stage suitable microclimate (wind impacts and solar access) and any required mitigation will be confirmed at the outdoor amenity areas and require a wind tunnel study. The outdoor amenity spaces on the 6th floor level should include seating and play equipment for residents of all ages and abilities. Pedestrian Wind Comfort Assessment - RWDI Inc. dated April 312024 The Pedestrian Wind Comfort Assessment indicates that the CFD analysis provided is a numerical technique for simulating wind flow in complex environments and a more detailed assessment would be required using either boundary -layer wind tunnel or transient computational modelling to assess and refine required mitigation measures; this will be a requirement of approval at the site plan application. A City for Everyone Working Together — Growing Thoughtfully — Building Community 0aagge fO of 164 City of Kitchener Zone Change / Official Plan Amendment Comment Form The Pedestrian Wind Comfort Assessment indicates wind speeds that are potentially unsafe for pedestrian use at the corner of Fairway Road and King St E. Several design strategies are suggested to improve these unacceptable conditions and it is expected that the detailed wind tunnel assessment will include building design changes to achieve acceptable wind comfort and safety conditions both on site and on the public sidewalk. Physical changes to the building design are preferred over landscape plantings. The Pedestrian Wind Comfort Assessment indicates that expected wind conditions on the 6" floor outdoor amenity space may be too strong for passive use in summer and uncomfortable for use in winter. Mitigation features to reduce wind speed are recommended and these will be reviewed and confirmed through detailed design for the Landscape Plan at the site plan application stage. Arborist's Report and Detailed Vegetation Plan —JK Consulting Arborists dated May 6 2024 The Arborist's Report and accompanying Detailed Vegetation Plan note that there is one tree #55 Gleditsia triacanthos var'inermis' (33cm DBH) that is within the municipal right of way. This tree is in 'good' overall condition and is recommended for protection and retention. As part of a required site plan application an ISA valuation of this tree should be submitted. This valuation will be reviewed by City staff and inform the final recommendations for tree protection and/or compensation at the site plan application stage. The Arborist's Report and accompanying Detailed Vegetation Plan note that there is one tree #57 Acer platanoides (39cm DBH) that is located on the property line and in joint ownership. This tree is in 'poor' overall condition, and subject to permission, it is recommended for removal. As part of a required site plan application an ISA valuation of this tree should be submitted. This valuation will be reviewed by City staff and inform the final recommendations for tree protection and/or compensation at the site plan application stage. Site Grading and Servicing Plan C2.1 rev #1— MTE Consultants dated March 05 2024 The Preliminary Grading and Servicing plan shows the existing 1200mm storm sewer along the northern property line and notes that precise location will be determined through detailed design. Development Engineering may wish to comment on the adequacy of the proposed setback and the existence and / or need for easements for this infrastructure. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community 0aagge fM of 164 City of Kitchener Zone Change / Official Plan Amendment Comment Form Anticipated Fees: Compensation for any approved tree removals Parkland Dedication The parkland dedication requirement will be deferred at the Official Plan Amendment and Zoning By-law Amendment applications and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es), residential units and density approved through the OPA and ZBA and required as a condition of Site Plan Approval. An estimate is provided using the approved land valuation of $43,243,000/ha and a dedication rate of 1ha/600 units or 1000 units; a maximum dedication of either land or CIL of 10% and a capped rate of $11,862/unit. The estimated cash -in -lieu park dedication for the proposed 0.5491ha ha site with 436 proposed units and a FSR of 10.5 is $2,374,473. Calculation: 436 units/1 ha/1000 units x $43,243,000/ha= $18,853,948 (alternate rate Bylaw 2022-101) 436 units x $11,862 = $5,171,832 (City of Kitchener capped rate) 0.5491 ha x 0.05 x $43,243,000/ha = $1,187,237 (5% rate Bylaw 2022-101) 0.5491 ha x 0.1 x $43,243,000/ha = $2,374,473 (More Homes Built Faster Act 10% cap) 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 WfM of 164 City of Kitchener Zone Change Comment Form Address: 2980 King St E Owner: Enter project addre Application #: OPA/ZBA Comments Of: Urban Design- Planning Commenter's Name: Pegah Fahimian Email: Pegah.fahimian@kitchener.ca Phone: 519-741-2200 Ext. 7342 Date of Comments: July 20, 2024 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: • Architectural Floor plans by Reinders + Law • Shadow Study by Reinders + Law • Urban Design Brief- MHBC, May 2024 • Wind Study - Pedestrian Level Wind — Preliminary Impact Assessment by RWDI, April 30, 2024 I have reviewed the updated/revised documentation noted below that has been submitted in support of an OPA and ZBA to redevelop the existing restaurant site to a mixed use development consisting of a 35 - storey tower with 330 units. Commercial units are proposed on the ground floor. One level of underground parking garage is proposed, with additional parking within the podium and a small surface parking area. The site is zoned MIX -2 and designated Mixed Use in the Official Plan. The requested ZBA and OPA would be for increased building height (12 Storeys Max, 35 Sought) and FSR (4.0 Max, 5.8 Sought). While the concept of residential intensification on this site is positive, and many previous staff comments have been incorporated into the proposal, some design modifications must be addressed to create a development proposal that is well-designed and appropriate for this site and neighbourhood. • Urban Design Brief, MHBC, May 2024 Tall Building Design Analysis: The tall building design guidelines are an excellent compatibility test for proposals exceeding their zoning permissions. The proposed 12 -story building does not meet the required physical separation (11m). This shortfall could lead to overlook and privacy issues for both buildings' occupants. Ensuring adequate separation is crucial to maintaining privacy and preserving residents' overall quality of life. I recommend thoroughly reassessing the building's design to address these concerns and align with the established guidelines. Building Design: A 6 -storey pedestrian -scale podium along King and Fairview Rd is distinguished by tall towers, step -backs, and intended architectural treatment. The proposed relative height accommodates human -scaled built form along streetscapes while accommodating compatibility matters. Contemporary architectural style and details are to be refined through the site plan process. A City for Everyone Working Together — Growing Thoughtfully — Building Community P fi 6 of 164 City of Kitchener Zone Change Comment Form On-site Amenity area: • Required amenity space calculations are contained in the Urban Design Manual and include two parts — one for a general amenity area and one for children's play facilities in multiple residential developments. (2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space. Please provide the calculation for the required outdoor amenity. • The UDB did not provide any commentary or precedent images related to "the provision of robust on-site amenity space for all ages and abilities." Additional information should be provided regarding the various on-site amenity spaces in the UDB (common, individual, indoor, and outdoor). • The Urban Design Brief should include text and conceptual images that demonstrate the commitment to providing sufficient and appropriate amenity space for all potential residents on-site Written Analysis for Shadow Studies, Confirmation must be provided that the proposal maintains daily access to 5 hours of cumulative direct sunlight to nearby sidewalks and open spaces under equinox conditions, beginning with a sidewalk located on the opposite side of adjacent ROWS. The latest sketch -up model should be submitted to verify the submitted shadow analysis. Wind Study - Pedestrian Level Wind — Preliminary Impact RWDI A full wind tunnel study will be required for the full site plan application package. According to the submitted study, uncomfortable and potentially unsafe wind speeds are expected to occur in the southeast building corner during the winter. A revised design proposal that addresses the wind impacts outlined in the submitted wind study should be developed. 2. Comments on Submitted Documents Architectural Floor plans- Reinders + Law • For tall buildings with retail or other active uses at grade, provide a ground floor height of 4.5m (minimum) to permit various retail types and activities. • Consider adding further architectural expression to the proposed street -facing fagades; explore options to maximize utility, interest, and expressiveness of the ground floor of a residential building. This can include more glazing, an articulated main entrance, active uses and amenities, a greater variety of surface treatments and seating options, and strategic ways of incorporating modern art and visual elements into the public realm. A City for Everyone Working Together — Growing Thoughtfully — Building Community pa:t2y e2fi I of 164 City of Kitchener Zone Change Comment Form • More emphasis will be placed on analyzing how the street -facing facades function, how they respond to specific site conditions and how pedestrians will experience them. The podium massing should be better sculpted and treated to minimize the impact that it's having on the public realm. It suggested that it could be designed with more care to animate and diversify the facades and overall expression. Please see the attached precedents. T1rT r7 Tr" • The tower should step back from its base a minimum of 3m along any street -facing elevations. • Additional detailing to be provided on the corner. The proposed corner should incorporate enhanced detailing and articulation. • Place enclosed or recessed balconies on the north and west elevations to reduce overlooks onto surrounding private spaces. • The underground parking structure should have a sufficient setback from the property lines to accommodate the necessary soil volume to support required large-statured, high -canopy trees. A City for Everyone Working Together — Growing Thoughtfully — Building Community P 01 of 164 City of Kitchener Zone Change Comment Form • The location of residential and commercial garbage storage, loading area and Passenger pick up /drop-off area should be noted on the site plan. • The area between the building's face and the property line should be well integrated with the street and public realm to deliver high-quality, seamless private, semi -private and public spaces. • Provide natural surveillance by employing high percentages of glazing, active uses at ground level and incorporating more units with windows and balconies on the main facade with views onto the street • The building's interface and relationship with the street and adjacent properties should be thoroughly explored. • 3 -bed units are desirable as they provide more living space for families. A higher percentage of these units might help with community engagement. • Utility locations should be considered at the early design stages. All utility locations, including the meter and transformer rooms, will be shown on the layout. Building -mounted or ground-based AC units should be located away from public view and thoroughly screened. • All visible elements of a building, including utilities (meters, conduits), HVAC (a/c units, vents) and loading/servicing areas, are to be integrated into the design of the building and shown on elevation drawings as part of the building elevation approval process. • Wind assessment and shadow study are required for outdoor amenities and the pedestrian realm. A City for Everyone Working Together — Growing Thoughtfully — Building Community �u 'M of 164 June 10, 2024 The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer shall include the following wording in the site plan agreement / condominium declaration to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Tha nk you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L4C6 519-578-3660 ext. 2355 Page 114 of 164 Eric Schneider Senior Planner July 17, 2024 Re: Notice of Application for Zoning By-law nad Official Plan Amendments File No.: ZBA24/014/K/ES Municipality: Kitchener Location: 2980 King Street East Owner/Applicant: Charcoal Properties Ltd/MHBC Eric, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes the development of a 32 -storey mixed use building with a 12 -storey step down and a 6 -storey podium containing 436 dwelling units. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are currently assigned to the following WRDSB schools: • Howard Roberston Public School (Junior Kindergarten to Grade 6); • Sunnyside Public School (Grade 7 to Grade 8); and • Eastwood Collegiate Institute (Grade 9 to Grade 12). Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. WRDSB staff are interested in the optimization of pedestrian access to public transit and municipal sidewalks so students may access school bus pick-up points. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal rights-of-way. WRDSB Draft Conditions Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the conditions of Draft Approval: 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." a. "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email olanning(o).wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information." a. `In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on Page 115 of 164 privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point" 2. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on the title to the Property that provides: a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planning(a)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. " ,,In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (S TS WR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point" 3. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which include the above statements (conditions 2 a. i., ii., and iii.). 4. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's expense and according to the WRDSB's specifications), near or affixed to the development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB. 5. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's Education Development Charges By-law, 2021 or any successor thereof and may require the payment of Education Development Charges for these developments prior to issuance of a building permit. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Sincerely, Page 116 of 164 �P,��pW D gFvo a d Q �rscwop4 Senior Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: emily bumbaco(a)wrdsb.ca Website: www.wrdsb.ca Page 117 of 164 Eric Schneider From: Sent: To: Subject: You don't often get email from Hi Eric, S Parks - ' > Friday, .,w i, 2U24 6:32 AM Eric Schneider 2980 King St E development appication Learn why this is important Hope everything is going well with you. I'm still loving retirement? Quick question: re 2980 King St E development application, on the site of Charcoal Steakhouse. Is the restaurant going back into the ground floor of the new building? Thanks, Sandy Sandra Parks Page 118 of 164 Eric Schneider From: John McVicar Sent: Sunday, June 9, 2024 9:33 AM To: Eric Schneider Subject: Possible high rise at King/Fairway (Charcoal) You don't often get email from 3rn why this is important Mr. Schneider, Whatever is built at that location will be too late for my wife and me. Depending on when our house sells, we will already be well ensconced in a high rise near the farmers market, perhaps The Regency, maybe Drewlo's new complex at King/Madison/Cameron. As recently as 5 years ago, I would have been part of the gang that criticizes that type of new construction, but not now. We left KW 15 years ago this month to get away from the big city. (We were both raised in the 50s/60s within spitting distance of WLU, but spent most of our married lives up until 2009 in Kitchener.) Our plan was to stay in our little bungalow in Listowel until it was time to push up daisies. But plans often change due to health reasons. We don't have any health problems that will kill us, just mobility issues that force us to be where our children and their families are. We still want desperately to be on our own, but we will need their help. One option that I've come to like very much in the past year is to live without our own wheels after we move. I've researched Communauto and other forms of transportation like the orange scooters that seem to be everywhere now, so living near the top floor of a beautiful high rise is now sounding very appealing. The tallest one at Duke and Frederick is in a good location, but the square footage for most of the units is way too small for us. We went to London last weekend to see an open house for one of Drewlo's new creations and the one bedroom with the cheater second (in other words, a den) is perfect. Hey, if you need me on a municipal committee so I can cheer on new high rise construction, I'd be glad to do it. LOL Cheers, John McVicar Page 119 of 164 Eric Schneider From: Ann Welch Sent: Tuesday, June 11, 2024 9:13 AM To: Eric Schneider Subject: Application Number: ZBA24/014/K/ES, Cross-reference OPA24/008/K/ES You don't often get email from earn why this is important Good Morning Mr. Schneider Your website currently states "Supporting documents have not been uploaded by staff for this file. Contact the Planning Department if you require a copy of any document" Address: 2980 KING ST E Application Number: ZBA24/014/K/ES Application Type: Zoning By -Law Amendment Application Summary: Cross-reference OPA24/008/K/ES. I would like a copy of all the documents that have been submitted to the planning department for both OPA24/008/K/ES and ZBA24/014/K/ES Sincerely Ann Welch Page 120 of 164 Eric Schneider From: Gary Bender Sent: Wednesday, August 7, 2024 11:10 AM To: ericschneider@kitchener.ca Subject: 2980 King St East Highrise Building You don't often get email fron earn why this is important was going to attend the zoom meeting tonight concerning the 32 storey building at the corner of King and Fairway Sts. but now have to be doing something else. am generally not opposed to the new building, but do have a big concern regarding the parking. With 436 Dwelling units plus commercial space and only 339 vehicle parking spaces, I can see a major future problem. That means that about a quarter of the units will have no parking available. This building is not on the LRT route. I can imagine that there will be many vehicles parking on Morgan Avenue, the nearest street with parking allowed. There is a proposed 12 storey building a block away at King and Morgan, that is proposing more parking spaces than there are units. This makes much more sense to me. Thanks for your time, Gary Bender Page 121 of 164 Eric Schneider From: Sent: To: Subject: You don't often get email fron Hi Eric, Nadine Friday, August 9, 2024 9:26 PM Eric Schneider Comments on Development App at 2980 King St Eas !arn why this is important Sorry for the late email. I just saw the call for comments on this development application via the WR Food Facebook group (very random but that's where this was posted). As a local resident in the Centreville Chicopee area, I want to express my concern about the proposed 32 -story building. This height would be much greater than recent developments and could cast significant shadows on the existing one, two, and three-story homes nearby. I would prefer a maximum of 15-20 stories to avoid overwhelming the area and impacting residents like myself. Otherwise, the plan looks good! Thanks, Nadine Thibeh Page 122 of 164 - ° ) - I }}�}\ \©a ;)}i 2 ^ ��\\[ƒ}�'�<: ��\\[ƒ}�'�<: =.■ee+,«|E2 Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 16, 2024 SUBMITTED BY: Barry Cronkite, Director Transportation Services, 519-741-2200 ext. 7738 PREPARED BY: Alison Carlyle, Project Manager Active Transportation, 519-741-2200 ext. 7372 Liz Christensen, Project Manager Trails, 519-741-2200 ext. 4032 WARD(S) INVOLVED: All DATE OF REPORT: September 5, 2024 REPORT NO.: DSD -2024-378 SUBJECT: Wayfinding and Branding City Wide Active Transportation Routes RECOMMENDATION: That staff proceed with the proposed wayfinding strategy in report DSD -2024-378, following further community engagement. REPORT HIGHLIGHTS: • The purpose of this report is to present council with an initial plan for feedback for city- wide active transportation wayfinding strategy and associated routes, as identified in the strategic plan, and outlined in the Cycling and Trails Master Plan. • The proposed city-wide active transportation routes connect major neighbourhoods with 8 different routes, using the existing and proposed trails and cycling network. • The routes have a name that reflects the start and end of the route, such as Boardwalk — Downtown. The routes have a unique number and colour, giving them a distinct brand that is easy to identify and accessible for people regardless of age, ability, and language. • When fully implemented, the total cost of wayfinding for all -x100 km of the routes is estimated to be $1,200,000. This does not include infrastructure costs, which are already identified in the Cycling and Trails Master Plan. • Community engagement is being conducted in September and October to gather feedback from residents, including students and newcomers, on the destinations, routes, and signs. • This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. BACKGROUND: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 124 of 164 Developing city-wide active transportation routes is identified as an action in the 2023- 2026 Strategic Plan. The aim of this action is to "encourage increased use of active transportation that connects neighbourhoods through holistic trail and bike route enhancements that are easy to identify, navigate and use for all ages and abilities". The desire for more wayfinding on trails has been a common theme in meetings with councillors and from the community. The City has been working on improving wayfinding with the development of the Wayfinding Guidelines for Parks & Trails in 2019, which is used as a working document. Additionally, in 2023 active transportation wayfinding guidance was created in partnership with other bodies of government in Waterloo Region. The Cycling and Trails Master Plan, which was approved by Council in 2020, guides the development of safe and comfortable active transportation options for people of all ages and abilities over the next 20 years. The plan identifies a complete route network and includes direction to begin implementation of a wayfinding strategy to help residents more easily navigate the city by walking, rolling and cycling. This project will bring together these existing wayfinding projects as part of the development of the city-wide active transportation routes. As the City of Kitchener nears completion of the Downtown Cycling Grid, city-wide active transportation routes will connect more neighbourhoods across Kitchener. REPORT: Wayfinding and branding of city-wide active transportation routes encourage increased use of active transportation by connecting neighbourhoods through trail and bike routes that are easy to identify, navigate, and use for all ages and abilities. The City of Kitchener has a rich network of trails that connect parts of the city, however these trails are not well known outside the neighbourhoods they are in. Bike routes around the city may be harder to identify compared to the major roadways that many residents are used to. Staff are proposing the development of branded routes that connect major neighbourhoods across the city using some of these lesser-known options, with the intention that they become as simple and memorable as the current transit and road network. The City of Kitchener will continue to work on adding active transportation to major corridors as prioritized in the Cycling and Trails Master Plan. This project will complement the full network with branding and signage for lesser-known connections between major neighbourhoods. Additional wayfinding and safe links to major destinations within these neighbourhoods, creates a comprehensive network for active transportation in Kitchener. This project will help people that are new to cycling or thinking about trying walking, rolling, or cycling for transportation, as well as those that are new to Kitchener, including students. These routes prioritize connections that are safe for all ages and abilities but may be less known as they do not follow the major roadways. Branding the routes with a name, number and colour will bring more awareness to the trails and bike routes that connect neighbourhoods throughout Kitchener. This method of wayfinding conveys directions that are easy for people to understand, regardless of age or ability. The signage will also help people on the route understand what major destinations they can access and how long it would take to travel there by active transportation — which is often shorter than people think. Page 125 of 164 Active transportation routes that connect neighbourhoods The proposed network connects major neighbourhoods that are recognizable to a Region - wide audience. The 2020 Cycling and Trails Master plan identifies 4 different levels of destinations that should be included in active transportation wayfinding signage. The table below summarizes the criteria used to for each level from the Cycling and Trails Master Plan and best practices in wayfinding. Level I Criteria for inclusion Level 1 - • These can be regional, municipal, town, or urban centres depending on the context. Centre • They are characterized as major centres of activity that offer a range of attractions and services and provide primary geographic orientation points. • Recognizable to a Region -wide audience as an orientation point • Has a transit terminal with the same name • Has multiple Level 2 or 3 destinations with the same name (ex. community centre or shopping centre) • Included on signs up to 8 kms away Level 2 — These trip attractors include transit stations, major tourist venues, Major Attractions regional parks, and post -secondary education institutions • Included on signs up to 4 kms away Level 3 — • These represent centres of a community with neighbourhood Local importance. Neighbourhood • They should be suitable reference points as they are well-known Attractions and unambiguous. • Destinations on these signs can include, but are not limited to: community centres and recreation facilities, parks and public libraries • Included on signs up to 2 kms away Level 4 — They may be useful to provide wayfinding signage on a route that Local does not connect Level 1-3 destinations Destinations Schools may be considered, with a primary attention to walkability • Included on signs up to 2 kms away In Kitchener, eight areas were identified as Level 1 destinations using these criteria: • Downtown Kitchener • Boardwalk • Stanley Park • Sunrise • Fairview • Sportsworld • Huron • Doon Additional Level 1 destinations around Kitchener that were identified include: • Cambridge • Waterloo Page 126 of 164 • Uptown Waterloo • Breslau • Petersburg • Mannheim Easy to identify routes with colours and numbers Eight routes are being proposed to connect the major neighbourhoods in Kitchener, each with a unique brand. The brand is made up of a number and a colour, and the name reflects the major origins and destinations to help residents identify them, similar to how a transit map functions. Using these three elements in the route branding makes it easier to incorporate the brand into the existing signs so they are clear and legible. All eight routes are shown in a map in Appendix A. Below is a list of the routes with their associated brand elements: Route 1 (Pink): Boardwalk — Downtown - Breslau Route 2 (Teal): Mannheim — Sunrise - Downtown Route 3 (Red): Sportsworld — Stanley Park — Waterloo Route 4 (Yellow): Downtown — Fairway - Doon Route 5 (Purple): Sunrise — Fairway — Stanley Park Route 6 (Green): Downtown — Stanley Park Route 7 (Blue): Doon — Boardwalk Route 8 (Orange): Huron — Sunrise Branded recreational routes such as the Trans Canada Trail will also be an important part of a complete active transportation network, however it is not included in this work as it already has its own branding. Easy to navigate with wayfinding signage A wayfinding system helps to identify destinations that can be accessed on a given route or within a short walking or cycling distance. Wayfinding can also help raise awareness of the distance and time that is required to travel to destinations by walking or cycling. The wayfinding signs being proposed incorporate the branding of the new routes into the signs that are already used around Kitchener for active transportation. The proposed signs will continue to show the name of major destinations, an arrow pointing the direction of travel, and the time it takes to travel there by walking or cycling. The new proposed signs also contain the name, colour, and number of the branded route to help people navigate farther distances. There are four types of signs used for active transportation wayfinding in the City of Kitchener. Appendix B shows examples of the four wayfinding signs that are used beside an example of the proposed signs incorporating the route colours and numbers. The existing signs will continue to be used, without branding, in locations that are not on one of the branded routes. Street name signs will also be used on trail -street crossings to help users orient themselves. These routes with their branding will be included in online and printed maps produced by city and/or regional staff. Printed maps are very popular and one of the most requested items from the community. Using the same colour and number system on the maps and signs make it easier for people to follow the routes that they have planned, using the printed City of Kitchener maps. Page 127 of 164 Easy to use for all ages and abilities The goal for the selected routes is to be comfortable for people of all ages and abilities to walk, roll and cycle. This will include sidewalks, multi -use trails, cycle tracks, protected bike lanes and neighbourhood greenways on quiet streets. The routes will also be all season, with the entire network being maintained year-round, including snow removal. For some routes this will require spot fixes such as curb -cuts or traffic calming elements. Other routes require major infrastructure upgrades and cannot be implemented until those investments are completed. The costs for these major infrastructure upgrades are already captured in the Cycling and Trails Master Plan. The map in Appendix A shows the routes being proposed. The final routes may change slightly through the implementation phase due to costs and other construction work being done, as well as ongoing collaboration with the Region of Waterloo. While "all ages and abilities infrastructure" is the final goal, there may be small sections that cannot be upgraded in a feasible timeline. The signs include a symbol in the legend which would indicate these sections to users. Implementing the city-wide active transportation routes Route 1 from Boardwalk to Downtown is recommended to be implemented in 2025, with future routes being implemented in future years. This route was chosen because the upgrades required for this route, which includes a small number of spot fixes and some trail paving, can be completed within the existing budgets for Cycling Infrastructure and Trails are already being planned for next year. Appendix C shows the map of Route 1. This project will not reprioritize the infrastructure projects outlined in the Cycling and Trails Master Plan. City staff will implement 1-2 wayfinding routes per year once a route has is fully (or mostly) considered safe for all ages and abilities. Therefore, full implementation of the wayfinding routes will correspond with the timeline of CTMP implementation, particularly the routes that require major infrastructure upgrades. Developing signage plans for each of the routes will also take significant staff time. This work includes identifying the destinations and determining how to direct people, as well as identifying all intersections that require directional signage to help users remain on the route. Asset management and maintenance requirements for the wayfinding signage will also be considered by staff prior to implementation. STRATEGIC PLAN ALIGNMENT: This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. FINANCIAL IMPLICATIONS: Capital Budget — Implementation of the wayfinding signage is estimated to cost $12,000 per km. The total cost of wayfinding for all 100 km of the routes would be $1,200,000. This is currently funded by the Cycling Infrastructure account. At the current rate of funding, it will take approximately 16 years to fully implement the wayfinding system. Staff will seek Page 128 of 164 synergies with other capital projects to speed up implementation. This does not include infrastructure costs, which are also funded by the Cycling Infrastructure account, as well as the Trails account. Operating Budget — The recommendation has a minor impact on the Operating Budget. The vinyl on the signs is expected to last for 8-10 years, at which point the vinyl may need to be replaced at a cost of $200 per sign. The most common maintenance cost related to signage is monitoring and vandalism. Monitoring and inspection costs are not known at this time as this is not a service level currently provided. Staff will evaluate costs as the wayfinding project is implemented. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — Community engagement for this project is occurring September and October. Feedback on the Level 1 destinations, routes and signs will be gathered through a survey on the Engage Kitchener page. There will also be three in-person events across the city to help gather perspectives from residents of different geographical regions. There will be an emphasis on engagement with students and newcomers, as they will benefit the most from improved wayfinding. The project will also be presented to the Active Transportation and Trails Advisory Committee for feedback. PREVIOUS REPORTS/AUTHORITIES: • INS -20-015 Cycling and Trails Master Plan, October 2020 APPROVED BY: Justin Readman, General Manager, Development Services Denise McGoldrick, General Manager, Infrastructure Services ATTACHMENTS: Attachment A — Map of proposed city-wide route network Attachment B — Proposed Wayfinding Signage Attachment C — Route 1 Map Page 129 of 164 . City-wide Routes I. f� a e i .. � l • _ tet. • _ �.. -.'a r �-'�� f '-0�� p p � � 1 „. ,•• t a q ;e � 1 � • ya 5 • `7-� .„.... � ; a t ”' _ w, , ,deo ". „`, � '•� • � tt e• k y r J� ,� �, i ",s -•r „„x • �w ��'Sa iia "d �+. •i • 1 L ,aa ff i' r...A"�� .u.xrno 4 • • ��..� g: Huron ..„.:� ........ ... •1 ,•at ra ...... �, • .,Y � � .. � / •• ... f 2 _y rr cambrtti Page e-- Page 130 of 164 1� YFw I. f� a e i .. � l • _ tet. • _ �.. -.'a r �-'�� f '-0�� p p � � 1 „. ,•• t a q ;e � 1 � • ya 5 • `7-� .„.... � ; a t ”' _ w, , ,deo ". „`, � '•� • � tt e• k y r J� ,� �, i ",s -•r „„x • �w ��'Sa iia "d �+. •i • 1 L ,aa ff i' r...A"�� .u.xrno 4 • • ��..� g: Huron ..„.:� ........ ... •1 ,•at ra ...... �, • .,Y � � .. � / •• ... f 2 _y rr cambrtti Page e-- Page 130 of 164 Subway Style Map • Used mainly at start/end of route or major intersections • Provides overview of route and highlights major destinations • Final destination is at the top. 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Swmm ing Poo` 4� F. eghts Y �la� O3 tyCentre EA5TFOREST)C� ®n� W RES r� CRES RP ECTK>I! t PARK EP'o��OPPSL ��y FM HICKORY HE\GaSS C/�S .E �O GPEENGgB< 3e � WILDLARICV t� 4r � S •. � m� GEDR OykN9p02 O �y� P 1' 'i. o BA 2 3°ACRES° `I HIDDEN R DE WEILER Upgrade �FETCD NATUALAREA O YO a PARK'EW W °4 O°O mmp/NEHURST CRES Om c: NE "nD338 � pg ar T •� `FR Py Ot m �`Ge O SCJ PA K Q BANKSIDE Q Q ypKFp A m/FhFWO PARK ggL `,SOP° 4q MEAOOWBROOKDR PARK74” �3 P� O `C "eS <q yqg ARBAv oOWLANE OR 4°m4-1 v " z a° cF�R's i� o t F� Upgrade A P�UMNNLLL CRFs J � // \ SOFT CRES J o 9P H/G 42E. a _ �'•Pr PGC �F HG F P fb CW. K U ,rgARRYC RO H/GH ACRES KHAT' % �° MEADDWLANE N lY� OVgR/C RFy CR4 (xi Air- yF PARK R NrAY HU RFS Q OPWNR/OG SU WEST ACRES CRES The Boardwalk r CRCRFS O FOR `3 MMFRHILL CRES IWI I y � SNOT FORT/F _ p �C E ryG FC4R �O WESTMEADOW ,..,.. mW CyFRRYTRL� °R/F Mf D9L°y PARK rH� 1C C 111.NE,R ONW W �WESTHE1GHIFStiHR °O _ o StaNRepvrt Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 16, 2024 SUBMITTED BY: Rosa Bustamante, Director of Planning and Housing Policy / City Planner, 519-741-2200 ext. 7319 Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Rosa Bustamante, Director of Planning and Housing Policy / City Planner, 519-741-2200 ext. 7319 Natalie Goss, Manager Policy & Research, 519-741-2200 ext. 7648 Janine Oosterveld, Manager Customer Experience & Project Management, 519-741-2200 ext. 7076 Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 WARD(S) INVOLVED: All DATE OF REPORT: August 28, 2024 REPORT NO.: DSD -2024-400 SUBJECT: Quarterly Report (Q3) - Planning and Housing Policy Division & Development and Housing Approvals Division - Significant Planning Applications, Policy Projects, Affordable Housing Projects, and Housing Pledge Update RECOMMENDATION: For information. REPORT HIGHLIGHTS: The purpose of this report is to provide an update of significant development applications, policy projects, affordable housing projects and significant projects to streamline and remove barriers as well as our housing pledge update. Not all work that is currently being undertaken by the Planning and Housing Policy & Development and Housing Approvals Divisions is captured in this report, rather a snapshot of significant work is captured. Planning staff provide a quarterly update report every March, June, September, and December of each year of all current significant development applications. It is important to be providing greater transparency on significant development applications with the community and Council. The key findings of this report include: o Since signing the Housing Pledge in March 2023, Kitchener Council has approved Official Plan Amendment and/or Zoning By-law Amendment applications for projects which propose 13,763 dwelling units (39.3% of housing pledge), Planning staff have issued final site plan approval for 4,201 dwelling units and building staff have issued building permits for 4,300 dwelling units. o Five initiatives associated with the Housing Accelerator Fund (HAF) have received a Council decision: Growing Together, Inclusionary Zoning, Enabling 4 Units, the Affordable Rental and Co-op Housing Incentives Pilot Program, and endorsement of *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 136 of 164 the land transaction to donate a City -owned parcel at River Road and Ottawa Street North to Habitat for Humanity. One of the other four initiatives are also underway with various milestones anticipated later in 2024. Three initiatives are in the early stages and will see more progress over the coming months. o In this last quarter, significant work has advanced on Growing Together East, the High -Performance Development Standards (engagement), and Enabling 4 Units (implementation). Council also approved updates to land use and zoning to allow lodging homes city-wide and Council approved Kitchener's first Rental Replacement By-law. o Kitchener's affordable housing incentives grant program is actively supporting several projects. o Extensive work continues to streamline development approvals, meet provincially mandated timelines and support excellent customer service with the current priority as site plan folder updates to prepare for the public portal. There are no financial implications with this report. Community engagement is undertaken for each development application and project, which varies for each. • This report supports the delivery of core services. REPORT: Since December of 2021, Planning staff have provided a quarterly update report every March, June, September, and December of all current significant development applications. This report, and future quarterly reports, will also include the following: • Progress and next steps for Kitchener's Housing Accelerator Fund initiatives; • Progress and next steps for major planning policy projects; • A summary of development applications that include affordable housing, • Updates on significant initiatives to remove barriers and streamline processes to support the development of housing; • Housing Pledge reporting - Development application data required to be reported under a new Provincial regulation — Ontario Regulation 73/23 — Municipal Planning Data Reporting. It is important to be providing greater transparency on significant development applications with the community and Council. Attached to this report, the Significant Planning Applications Quarterly Report (Q3 2024) provides a summary of the current Planning applications under review at the time of the preparation of this report (Attachment A). The current significant development applications section includes Subdivision, Official Plan Amendment, and Zoning By-law Amendments that have not received final approval. These are the bulk of the applications that Planning staff consult with the community on an application specific basis. Significant development applications include property specific proposals as well as new greenfield communities (subdivisions). Additional details on the development applications can be found using the online mapping tool available at www.kitchener.ca/planningapplications. Kitchener's Housing Accelerator Fund Initiatives In November 2023 Kitchener received $42.4 million as part of the Federal government's Housing Accelerator Fund to help deliver more affordable housing in our community. 8 action plan initiatives are part of Kitchener's Housing Accelerator Fund and they include the delivery of: • Growing Together West: planning framework updates in Kitchener's western protected major transit station areas; • Growing Together East: planning framework updates in Kitchener's eastern protected major transit station areas; • Growing Together West Inclusionary Zoning; • Affordable Housing Construction Offset on City -Owned Lands Incentive Page 137 of 164 • Not -for -Profit Affordable Rental and Co-op Housing Incentive Pilot; • Enabling 4 Units —additional dwelling unit implementation; • Strategic land acquisition and supporting infrastructure; • A climate adaptation plan as an input into Kitchener's new Official Plan; and, • A housing needs assessment Attachment B provides a description of each initiative, current status, next steps and target com pletion. Major Planning Projects There are currently 14 planning projects underway or that have been recently completed spanning a wide range of topics. These include: • Comprehensive Zoning By-law Review • High Performance Development Standards • Housing for All implementation • Kitchener 2051 - New Official Plan • Review of Provincial legislation, policies and plans • Rental Housing, Eviction and Displacement Study • Tree Conservation Tools Review • Urban Design Manual Review • Hidden Valley Secondary Plan • Growing Together (Major Transit Station Area) Planning Framework review — West MTSAs and East MTSAs • Dundee Secondary Plan • Inclusionary Zoning • District Energy Business Case Attachment C provides a description of each project, current status, next steps, and target com pletion. Development Applications —Affordable Housing With a strong focus on the housing crisis, this report also includes a summary of 2024 current projects that include affordable housing that are either under review, received approvals this year to start construction or are under construction. To address provincial directives, streamline development approvals and support excellent customer service, the report also provides an update on significant process improvements underway in 2024 (Attachment D). Housing Pledge Reporting As part of the More Homes for Everyone Act, 2022 (Bill 109), the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities to report information on planning matters (Section 64). On April 6 2023, the Province implemented Ontario Regulation 73/23 - Municipal Planning Data Reporting requiring Ontario's largest and fastest- growing municipalities, which includes the City of Kitchener to report development application information on a quarterly basis (as per Schedule 2 of the regulation) and additional information on an annual basis (as per Schedule 3 of the regulation). The City's quarterly report data includes the following development application types: • Official Plan Amendments, • Zoning By-law Amendments, • Site Plan Applications, • Minor Variances, Land Severances (Consents), Plan of Subdivisions, Page 138 of 164 Plan of Condominiums, Community Infrastructure and Housing Accelerator Orders, and Minister's Zoning Orders The report data must include the following: • application identifiers (application ID and address); • application details, as applicable (date application submitted, date application deemed complete, application status, date of decision, date of adoption/passing, date of registration, number of new residential units if registered); • heritage information for the subject property as applicable (listed under section 27 (3) of the Ontario Heritage Act, designated to be of cultural heritage value or interest, subject to easement or covenant under section 37 of the Ontario Heritage Act, within a heritage conservation district area); and, • appeal information if applicable (third party appeal, type of appeal, date of appeal, date of appeal decision). The data gathered by the Province is being used to measure progress towards various Housing Supply Action Plan commitments and will also provide the information needed to support informed, evidence -based decisions around housing and planning policy. The regulation also complements the Province's initiative of developing standards and achieving consistency for exchange of data required for development applications. The City of Kitchener has submitted quarterly development application data to the Province since June 2023. The Q2 2024 quarterly planning data reports to the Province are attached to this report (Attachment E). STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget— The recommendation has no impact on the Capital Budget. Operating Budget —The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. CONSULT — Significant development application specific engagements are undertaken for Official Plan Amendment, Zoning By-law, and Subdivision applications. Engagement includes mailing postcards to property owners and occupants of all buildings within 240 m etres of the subject lands, publishing a newspaper notice when the application is first circulated and when the statutory public meeting is scheduled, as well as informal community meetings including Neighbourhood Meetings and/or site walks. A large plain language sign is also posted on the property. For planning policy projects, community engagement plans are developed and implemented to ensure fulsome, tailored engagement occurs early and throughout each project at a level commensurate with the scope of the project. PREVIOUS REPORTS/AUTHORITIES: Page 139 of 164 There are no previous reports/authorities related to this matter. APPROVED BY: Justin Readman— General Manager, Development Services ATTACHMENTS: Attachment A — Significant Planning Applications Quarterly Report (Q3 2024) Attachment B — Housing Accelerator Fund Projects (Q3 2024) Attachment C — Significant Planning Projects (Q3 2024) Attachment D —Affordable Housing and Significant Streamlining Projects (Q3 2024) Attachment E — Provincial O.Reg 73/23 Q2 Quarterly Planning Data Report Page 140 of 164 Attachment A — Significant Planning Applications Quarterly Report (Q3 2024) Current Significant Development Applications Subdivision (SA), Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA) WARD 1 9-27 TURNER AVE Proposal: A two building multiple dwelling townhouse development containing 30 units. File Number: ZBA24/018/T/TS Description: To change the zoning from RES -4 to RES -5 and permit a site specific increase of FSR of 0.75, and rear yard setback of 3.6 meters. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Se ler Neighbourhood Meeting Date: September 5, 2024 Owner: 10000918377 Ontario Inc. Applicant: K. SMART Associates Update Since Last Quarterly Report: New Application. WARD 1 New Application(s) 26 STANLEY AVENUE & 31 SCHWEITZER STREET Proposal: The Site is proposed to be developed with a residential subdivision consisting of 42 single detached dwelling lots, 12 semi-detached dwelling lots (total of 24 dwellings) and a 5 -unit street -townhouse block totaling 71 residential units. The Proposed Development will be accessed by a future municipal road connecting to Stanley Avenue. File Number: 30T-21201 Description: A residential plan of subdivision consisting of single detached dwellings, semi-detached dwellings, and townhouse dwellings, totaling 72 units. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA21/19/S/BB Description: To rezone the Site from Residential Four (R-4) and Residential Five (R-5) to the Low Rise Residential Five (RES -5) Zone with a Site -Specific Provision to permit a maximum building height of 12.5 metres. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: May 31, 2022. Owner: Newo Holdings Limited Applicant: GSP Group Inc. Update Since Last Quarterly Report: No Update. A Neighbourhood Meeting was held on May 31, 2022 and Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 141 of 164 WARD 2 New Application(s) 2980 King Street East Proposal: A 27 -storey mixed-use building containing 436 dwelling units and 3 commercial units containing 692 square metres of commercial floor space. The application requested a height of 32 storeys. The Region of Waterloo does not support land uses that are not compatible with airport operations and require a height cap at 420 metres Above Sea Level which would result in a building height of approximately 27 storeys. File Number: OPA24/008/K/ES Description: The applicant is proposing to add a Specific Policy Area to permit an increased building height and Floor Space Ratio (FSR). The proposed maximum building height is 103 metres, and the proposed FSR is 11.0. Application Type: OPA Status: Planning staff are recommending approval of the application as revised and the Statutory Public meeting is scheduled for September 16, 2024. File Number: ZBA24/014/K/ES Description: The applicant has requested an amendment to delete the existing two Site -Specific Provisions (49) and (118) and replace them with a new Site -Specific Provision (406). The new site specific provision would establish new development standards for the proposed concept, including height, floor space ratio, parking, and setbacks. Application Type: ZBA Status: Planning staff are recommending approval of the application as revised and the Statutory Public meeting is scheduled for September 16, 2024. Staff Contact: Eric Schneider Neighbourhood Meeting Date: August 7, 2024 Owner: Charcoal Properties Limited Applicant: MHBC Planning Update Since Last Quarterly Report: New application. WARD 5 ROCKCLIFFE DR (FREURE SOUTH) Proposal: A new community with 471 new residential units including single detached, street townhouses & multiple dwellings. Parkland open space & stormwater management facilities are also proposed. File Number: OP16/001/R/KA Description: To change the designation of the easterly portion of land to high rise residential, designate a future park area as open space, and to adjust the limits of wooded areas designated as open space. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZC16/009/R/KA Description: To change the zoning from Restricted Business Park (B- 2) to residential and natural heritage conservation zones. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: 30T-16201 Description: The plan of subdivision includes single detached, street townhouses & multiple dwellings along with parkland open space & stormwater management facilities. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: TBD Owner: FREURE DEVELOPMENTS Applicant: MHBC PLANNING LTD LIMITED Update Since Last Quarterly Report: No update. Archeological assessment work continues. Page 142 of 164 WARD 7 New Application(s) 60 TRUSSLER Proposal: A 64 unit low rise residential multiple dwelling. File Number: ZBA24/018/T/TS Description: An amendment to have the "RES -5" zoning applied to the Property whereas the current zoning is "RES -1". Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: September 12, 2024 Owner: 1000160668 Ontario Corp. Applicant: Patterson Planning Consultants Inc. Update Since Last Quarterly Report: New Application. WARD 8 400 WESTWOOD DR Proposal: To demolish the existing house and create four new lots for single detached dwellings. File Number: ZBA21/012/W/ES Description: To rezone the developable portion of the lands to site Description: Site-specific regulations propose a Floor Space Ratio specific Residential Four (R-4). Application Type: ZBA Status: This application has been circulated and Planning staff are to permit 618 parking spaces accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: January 13, 2022 Owner: NASIR BROMAND, ZAKIA Applicant: IBI GROUP BROMAND Update Since Last Quarterly Report: No update. A Neighbourhood Meeting was held with the community on January 13, 2022. Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Status: This application has been circulated and Planning staff are WARD 9 50 BORDEN AVE S Proposal: a mixed-use development consisting of two towers (57 storeys and 51 storeys in height) having 1,224 dwelling units and 7,240 m2 of commercial and institutional space. File Number: OPA23/004/B/KA Description: Site-specific regulations propose a Floor Space Ratio (FSR) of 16.1, a reduced rear yard setback, and a parking reduction to permit 618 parking spaces Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/008/B/KA Description: Site-specific regulations propose a Floor Space Ratio (FSR) of 16.1, a reduced rear yard setback, and a parking reduction to permit 618 parking spaces Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: June 6, 2023 Owner: Woodhouse Investments Inc Applicant: IBI Group Update Since Last Quarterly Report: No update. This application has been circulated and Planning staff are accepting and reviewing comments. Page 143 of 164 WARD 9 New Application(s) 169-183 Victoria Street South Proposal: An 8 -storey multiple dwelling consisting of 120 dwelling units, including 24 affordable units. File Number: ZBA24/021/V/AP Description: Under Zoning By-law 85-1, to change the zoning from MU -1 Zone to MU -2 Zone and add a site specific provision (SSP) to regulate certain setbacks, allow a building height of 28.8m, allow a floor space ratio of 4.2 and a reduced parking ratio, allow units on the ground floor. The lands are also subject to City -initiated amendments, including a ZBA (Growing Together Study). The ZBA, which would apply the SGA -2 Zone, is under appeal. If the appeal is resolved during the review of the subject ZBA, the SGA -2 Zone would be retained and the application modified to add a SSP to facilitate the same development concept. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: September 25, 2024 Owner: Victoria Heights Inc., Applicant: GSP Group 1000002286 Ontario Ltd. Update Since Last Quarterly Report: New Application. 328-330 MILL ST Proposal: A 20 -storey, mixed use building containing residential and commercial uses. A portion of the building will be a dedicated parking garage with one level of underground parking. File Number: ZBA24/017/M/CD Description: To add a new Site -Specific Provision to allow for; a reduction in bicycle parking to permit a Class A bicycle parking ratio of 0.535 Class A spaces per dwelling until; an increase in maximum building length of 60.45 metres and a reduction in lot width and in building setbacks in the rear, front and side as follows: For Entire Building: • Reduce the minimum front, rear and westerly interior side yard setbacks from 3.0 metres to 1.0 metre. • Reduce a portion of the easterly interior side yard setback from 3 metres to 1.0 metre to accommodate a portion of the parking garage structure. For Storeys 7-12 • Reduce the minimum front yard setback from 6.0 metres to 3.3 metres. • Permit a maximum building length of 60.45 metres whereas a maximum building length of 60.0 metres is permitted. • Reduce the minimum physical distance from 6 metres to 4.9 metres to the east lot line and 5.4 metres to the north lot line. For Storeys 13-18 • Reduce the minimum front yard setback for storeys 13-17 from 6.0 metres to 3.3 metres. • Permit a maximum building length of 60.45 metres for storeys 13-15 whereas a maximum building length of 54.0 metres is permitted. • Reduce the minimum physical distance from 9 metres to 6.0 metres for storeys 13-17 and 7.0 metres for storey 18 to the west lot line, 5.4 metres for storeys 13-17 to the north lot line and 4.9 metres to the east lot line. For Storeys 19-20 • Reduce the minimum lot width from 42.0 metres to 38.63 metres. Page 144 of 164 864 KING STE • Reduce the minimum physical distance from 12 metres to 4.9 metres to the east lot line and 7.0 metres to the west lot line. Application Type: ZBA Status: The Statutory Public meeting is scheduled for September 16, 2024. Staff Contact: Craig Dumart Neighbourhood Meeting Date: August 6, 2024 Owner: 1658194 Ontario Ltd. Applicant: Masri O Architects and JV Planning and Development Consulting Update Since Last Quarter) Report: New Application. 864 KING STE Proposal: The proposed redevelopment of the subject lands consists of a 44 -storey residential development with a 6 storey podium, containing 455 rental residential units. A total of 261 parking spaces are proposed within the 6 podium levels as structured parking as well as two levels of underground parking. File Number: ZBA24/022/K/ES Description: The Zoning By-law Amendment seeks site specific development standards in both Zoning By-law 85-1 and Zoning By- law 2019-051, both which are in effect. The site specific development standards include floor space ratio, building height, physical separation, and yard setbacks. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: September 18, 2024 Owner: King Pine Kitchener Inc. Applicant: MHBC Update Since Last Quarterly Report: New Application. Page 145 of 164 WARD 10 22 WEBER ST W Proposal: A 19 -storey multiple residential building with 162 units, including 25 barrier free units. A total of 24 parking spaces are proposed at grade. File Number: OPA20/005/W/JVW Description: The applicant is now proposing to amend the designation to High Density Commercial Residential with a Special Policy Area in order to permit a floor space ratio (FSR) of 7.8. Application Type: OPA Status: Under appeal File Number: ZBA20/013/W/JVW Description: The subject lands are currently zoned Commercial Residential Three (CR -3) in Zoning By-law 85-1. The applicant is proposing the same base zone with site specific special regulations to permit; an increase in height to 19 storeys, an increase in Floor Space Ratio to 7.8, To require a minimum ground floor fagade height of 4.5m, to reduce the required minimum landscaped area required from 10% to 8%, to reduce front and rear yard setbacks, and to reduce the required on-site parking to 24 spaces, including 8 visitor parking spaces. Application Type: ZBA Status: Under appeal Staff Contact: Garett Stevenson Neighbourhood Meeting Date: Sept. 8, 2021 & March 3, 2022. Owner: 30 DUKE STREET LIMITED Applicant: MHBC PLANNING LTD Update Since Last Quarterly Report: Another Case Management Conference has been scheduled for October 30, 2024. A hearing has been scheduled for April 14 — May 6, 2025. Page 146 of 164 Attachment B — Housing Accelerator Fund Projects Current Housing Accelerator Fund Projects Quarter 3, 2024 Update CITY-WIDE Affordable Housing Construction Offset on City -owned Lands Description: This initiative involves looking for new opportunities to provide lands for below-market rental and ownership housing and working directly with affordable housing providers to access the lands and collaborate on the delivery of affordable or supportive housing projects. Current Status: In April 2024, Council agreed to donate a property at 1035 Ottawa St IN PROGRESS to Habitat for Humanity to be used as part of the Build Now Initiative and achieve at least 63 units for affordable home ownership. Staff are reviewing the City's land inventory to determine additional viable opportunities to support this initiative. Next Steps. Staff plan to bring a report to Council on potential options in Q4 2024. Project Lead: Target Completion: 2026 Rosa Bustamante — Director of Planning and Housing Policy Affordable Rental & Co-op Housing Incentive Pilot Program Description: With the support of Kitchener's Housing Accelerator Fund, this project aims to establish a financial incentives pilot program to assist with the predevelopment costs of building new not-for-profit affordable rental and co-op housing units. Current Status: In April 2024, Council approved this grant program which formally IN PROGRESS launched in June 2024. Next Steps: The program was launched in June 2024 and there are currently 5 applications in progress at this time. Staff are preparing additional external communications to ensure that there is strong uptake for the program. Project Lead: Target Completion: Oluseyi Ojurongbe — Project Manager Q3 2026 Conclusion of the pilot program Enabling 4 Units Description: In response to Council's motion at the October 16, 2023 Council meeting, staff are undertaking a review of zoning bylaw amendments that would enable up to four units on a lot which currently permit a single detached, semi-detached or street fronting townhouse dwelling for a Council decision in Q1 2024. Current Status: On March 25, 2024, Council approved an Official Plan amendment COMPLETE and Zoning By-law amendment to enable 4 units as -of -right city-wide which is now in effect. Next Steps: With the support of the Housing Accelerator Fund, a staff working team is supporting implementation by streamlining processes and creating simplified resources to support uptake of additional units. A public education and awareness campaign is set to launch in September 2024. Project Lead: Target Completion: Q3 2024 (including post -decision Katie Anderl — Project Manager implementation) Page 147 of 164 Strategic Land Acquisition and Supporting Infrastructure Description: This initiative will involve acquiring lands for the purposes of affordable housing development with a focus on lands within the major transit station areas and working with affordable housing provides to collaborate on the delivery of affordable housing and necessary related community infrastructure. Current Status: Staff are reviewing potential opportunity sites that would satisfy the IN PROGRESS criteria for affordable housing projects. Next Steps: Staff will bring a report to Council on potential land acquisition opportunities in Q4 2024. Project Lead: Target Completion: Q4 2024 Rosa Bustamante — Director of Planning and Housing Policy Climate Adaptation Plan Description: This initiative includes the development of a climate adaptation plan that will be used in the short term to inform land use policy updates for the next Official Plan. Current Status: The project team has been established as part of the Official Plan IN PROGRESS project and consultants have been retained. Next Steps: The project team will work closely with the retained consultants throughout 2024 and 2025 to complete this initiative. Project Lead: Target Completion: Q2 2026 Janine Oosterveld — Manager, Customer Experience and Project Management Housing Needs Assessment Description: This initiative includes the preparation of a Housing Needs Assessment for the City of Kitchener which will be used to inform housing -related initiatives and land use policy updates for the next Official Plan. Current Status: The project team has been established as part of the Official Plan IN PROGRESS project and consultants have been retained to help deliver this work. Next Steps: The project team will work closely throughout 2024 and 2025 to advance work on this initiative. Project Lead: Target Completion: Q4 2025 Lucas Van Meer -Mass — Senior Planner (Housing) WARD 1 — There are no Ward 1 specific projects at this time. WARD 2 — There are no Ward 2 specific projects at this time. WARD 3 Growing Together East (Major Transit Station Area) Planning Framework Review Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the Block Line, Fairway, and Sportsworld Major Transit Station Areas. Current Status: Community engagement occurred throughout the summer. An RFQ IN PROGRESS process for consultant services on noise, transportation and market analysis is underway. Next Steps: Engage consultants for technical aspects of work to inform recommended land use and zoning. Project Lead: Target Completion: Q2 2025 Adam Clark — Senior Urban Designer (Architecture & Urban Form) WARD 4 — There are no Ward 1 specific projects at this time. Page 148 of 164 WARD 5 — There are no Ward 2 specific projects at this time. WARD 6 — There are no Ward 1 specific projects at this time. WARD 7 — There are no Ward 2 specific projects at this time. WARD 8 — There are no Ward 1 specific projects at this time. WARDS 9 & 10 Growing Together West (Protected Major Transit Station Area) Planning Framework Review Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the 7 Major Transit Station Areas west of the Conestoga Expressway. Current Status: Council approved Official Plan and Zoning By-law amendments for COMPLETE Growing Together West in March 2024. The Official Plan amendments have been approved by the Region of Waterloo The Zoning By-law amendment for the Protected Major Transit Station areas is under appeal. Next Steps: Implement the Region's modifications to Official Plan Amendment 49. A hearing to consider a motion to dismiss the appeal will be held in September 2024. Project Lead: With Council's approval in March 2024, city of Kitchener's portion of Adam Clark — Senior Urban Designer work on Growing Together West is complete. (Architecture & Urban Form) Inclusionary Zoning Description: Inclusionary Zoning can be used to require new, multi -unit housing developments to include affordable units. The Region, Kitchener, Waterloo, and Cambridge are coordinating their approach to implementing inclusionary zoning within MTSAs. A portion of this work is being funded through the Provincial Streamline Development Approvals Funding. This work is being coordinated with Growing Together. Current Status: A consultant has been retained to update market analysis for COMPLETE Inclusionary Zoning. The Inclusionary Zoning Official Plan amendment has been approved by the Region. Next Steps: Staff will undertake an economic conditions assessment and report back to Council by Q4 2024. Project Lead: Target Completion: Q4 2024 Tim Done ani — Senior Planner Page 149 of 164 Attachment C — Significant Planning Projects (Q3 2024) CITY WIDE Comprehensive Zoning By-law Review Description: Review of Kitchener's Zoning By-law 85-1. Approved in phases with the latest phase (residential zones) being approved in 2022. Final phase includes specific properties previously deferred. Current Status: ONGOING Zoning updates since 2023 have focused on Major Transit Station Areas which is occurring through Growing Together. Next Steps: Final phase includes specific properties previously deferred and specific geographies. Some geographies require additional land use study which is occurring through Kitchener 2051 — Official Plan update. Project Lead: TBD Target Completion: 2025/26 High Performance Development Standards Description: Establish a harmonized high performance development standard for new development, partnering with municipalities in Waterloo Region, under the leadership of WR Community Energy. Current Status: ONGOING Initial engagement took place this spring including staff, development industry, Climate Change and Environment Committee, and the community to formally launch the project and inform the first draft. Next Steps: Preparation of the first draft is ongoing and expected to be released for engagement later this year. Project Lead: Target Completion: 2025 Janine Oosterveld, Manager Lodging Homes Customer Experience & Project City-wide lodging home permissions in zoning are now final. The Management related Official Plan amendment is with the Region for approval. Housing for All Implementation Description: Kitchener Housing for All Strategy was approved in 2020 and identifies actions for the City to address homelessness and housing issues in Kitchener. Current Status: ONGOING An update was provided to Council on the progress of Housing for All action items in March 2022. Lived Expertise Working Group Council authorized a 2 year extension to the Lived Expertise Working Group in June 2024 with administration of the group being done by city staff. The first meeting is scheduled for September 4. Lodging Homes City-wide lodging home permissions in zoning are now final. The related Official Plan amendment is with the Region for approval. Next Steps: At this time, pending resource capacity, a second update on Housing for All actions items is anticipated in 2025. Project Lead: Target Completion: 2025+ for Housing for All implementation. Natalie Goss — Manager Policy & Research Partial Housing Accelerator Fund Initiative - Kitchener 2051 - New Official Plan Description: A comprehensive review of Kitchener's Official Plan to, among other things, align with changes in Provincial legislation, policies, and plans and the Region of Waterloo's Official Plan Amendment No. 6. Current Status: All consultants have been retained and all technical background ONGOING studies are underway. Recruitment and selection for members for the Kitchener 2051 Community Working Group occurred in July and August. Page 150 of 164 Partial Housing Accelerator Fund Initiative - Kitchener 2051 - New Official Plan Next Steps: The inaugural meeting for the Kitchener 2051 Community Working Group is scheduled for September. A public launch event is scheduled for early October. An update report on the progress of Kitchener 2051 is planned for December 2024. Project Lead: Target Completion: 2026 Tim Donegani — Senior Planner John Zunic — Senior Planner Provincial legislation, policies, plans review Description: A significant number of Provincial legislative and policy changes have occurred throughout 2022 and 2023. The Planning Division has formally added this review to their workplan due to the significant time and resources that have been required to review changes and provide comments. Current Status: ONGOING Since the June 2024 quarterly report the following Provincial legislative and policy changes were posted: • New Provincial Planning Statement Project Lead: Target Completion: N/A Planning Management Team Rental Housing, Eviction and Displacement Study Description: In January 2023 Council directed that staff look at tools that are within Kitchener's jurisdiction with respect to rental replacement and other tools and advocacy opportunities for the transitioning of displaced residents. Current Status: COMPLETE Council approved a Rental Replacement By-law and necessary amendments to Kitchener's Official Plan and Demolition Control By- law in June. Kitchener's Rental Replacement By-law is now in effect. Next Steps: Staff have drafted a Rental Replacement application and guidelines and are implementing the Rental Replacement By-law. Project Lead: Lucas Van Meer -Mass — Senior Planner (Housing) Tree Conservation Tools Review — Phase 2 Description: With Council's approval of Kitchener's tree canopy target in January 2022, Council directed staff to review existing tree conversation processes within the City to explore opportunities for strengthened measures. This work includes a review of Kitchener's Tree Bylaw and Tree Conservation Bylaw, tree planting requirements within the Development Manual, and Tree Management Policy. Current Status: Development of the work plan for phase 2 is complete and focuses ONGOING on improvements to both public and private tree management tools. Next Steps: At this time, an update on the Tree Conservation Tools Review will be provided to Council in December 2024. Project Lead: Target Completion: 2024/2025 Gaurang Khandelwal — Planner (Policy) Urban Design Manual Review — Part C Description: A comprehensive review of Kitchener's Urban Design Manual which has been occurring in phases. The last phase was approved in 2019. Final phase includes the urban design standards (Part C). Current Status: ONGOING Internal review of existing standards to understand opportunities for improvement. Next Steps: Draft updates to urban design standards and stakeholder engagement. Project Lead: Target Completion: 2024/2025 Page 151 of 164 Urban Design Manual Review — Part C Gaurang Khandelwal — Planner (Policy) WARD 1 — There are no Ward 1 specific projects at this time. WARD 2 — There are no Ward 2 specific projects at this time. WARD 3 Hidden Valley Secondary Plan Description: Development of updated land uses and Official Plan policies, including technical studies to inform them to implement the land use master plan approved by Council in 2019. Current Status: IN PROGRESS Technical studies have been finalized. Staff are working towards a Consultants have been re-engaged following Council's authorization recommended land use and zoning framework for Hidden Valley for in June to undertake necessary studies for the new geographic scope Council's consideration. Next Steps: Statutory public meeting and Council consideration of land use and the landowners on matters of shared interest. A public information zoning changes. Project Lead: Target Completion: Q3/Q4 2024 Carrie Musselman — Senior Next Steps: Environmental Planner Housing Accelerator Fund Initiative - Growing Together East (Major Transit Station Area) Planning Framework Review Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the Block Line, Fairway, and Sportsworld Major Transit Station Areas. Current Status: Community engagement occurred throughout the summer. An RFQ TO COMMENCE Q2 2024 process for consultant services on noise, transportation and market analysis is underway. Next Steps: Engage consultants for technical aspects of work to inform recommended land use and zoning. Project Lead: Target Completion: Q2 2025 Adam Clark — Senior Urban Designer (Architecture & Urban Form) WARD 4 and WARD 5 Dundee Secondary Plan Description: Development of a new secondary plan (land use, transportation, natural heritage system, complete community) for lands in south-west Kitchener. The project will also fulfill the requirements for an environmental assessment and will recommend infrastructure to service the area. Current Status: ONGOING Consultants have been re-engaged following Council's authorization in June to undertake necessary studies for the new geographic scope of the Dundee Secondary Plan. Staff continue to meet monthly with the landowners on matters of shared interest. A public information center is scheduled for September 12 to engage with the community about the Dundee Secondary Plan. Next Steps: City staff will continue to work with landowners to advance work for lands within southwest Kitchener. A full community, stakeholder, and Indigenous engagement process is occurring. Project Leads: Target Completion: Q2/Q3 2025 Carrie Musselman — Senior Environmental Planner Gaurang Khandelwal — Planner (Policy) Page 152 of 164 WARD 6 — There are no Ward 6 specific projects at this time. WARD 7 — There are no Ward 7 specific projects at this time. WARD 8 — There are no Ward 8 specific projects at this time. WARDS 9 & 10 Housing Accelerator Fund Initiative - Growing Together West (Protected Major Transit Station Area) Planning Framework Review Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the 7 Major Transit Station Areas west of the Conestoga Expressway. Current Status: Council approved Official Plan and Zoning By-law amendments for ONGONG Growing Together West in March 2024. The Official Plan amendments have been approved by the Region of Waterloo The Zoning By-law amendment for the Protected Major Transit Station areas is under appeal. Next Steps: Implement the Region's modifications to Official Plan Amendment 49. A hearing to consider a motion to dismiss the appeal will be held in September 2024. Project Lead: With Council's approval in March 2024, city of Kitchener's portion of Adam Clark — Senior Urban Designer work on Growing Together West is complete. (Architecture & Urban Form) Housing Accelerator Fund Initiative - Inclusionary Zoning Description: Inclusionary Zoning can be used to require new, multi -unit housing developments to include affordable units. The Region, Kitchener, Waterloo, and Cambridge are coordinating their approach to implementing inclusionary zoning within MTSAs. A portion of this work is being funded through the Provincial Streamline Development Approvals Funding. This work is being coordinated with Growing Together. Current Status: A consultant has been retained to update market analysis for ONGOING Inclusionary Zoning. The Inclusionary Zoning Official Plan amendment has been approved by the Region. Next Steps: Staff will undertake an economic conditions assessment and report back to Council by Q4 2024. Project Leads: Target Completion of Council report back — Q4 2024 Tim Donegani — Senior Planner Elyssa Pompa - Planner District Energy Business Case Description: Pre -feasibility study endorsed by Council in 2020. Current phase of work includes conducting detailed technical and financial feasibility to connect new/existing public and private buildings in downtown to a system primarily powered by geothermal energy. Current Status: A consultant has been retained for the next phase of work. ONGOING Next Steps: An update to Council is currently targeted for October 2024. Project Lead: Target Completion: Q3/Q4 2024 Tim Donegani — Senior Planner Page 153 of 164 Attachment D — Affordable Housing and Projects to Streamline Approvals (Q3 2024) 2024 Active Affordable Housing Development Status Address and Total Units Affordable Status City incentives applicant Units 83-97 Victoria St N, 44 44 Under construction Project manager The Working Centre Affordable rental housing incentives (planning and building application fees waived 82 Wilson Ave, 123 32 (net Under construction Affordable rental housing Region of Waterloo (existing) increase) incentives (planning and building application fees waived 49 Queen St N, 41 41 Under construction Affordable rental housing Indwell Community incentives (planning and Homes and St. Peter's building application fees Lutheran Church waived 137 Queen St S, 57 21 Clearing conditions of Project manager St Paul's Lutheran site plan approval, Affordable rental housing Church shoring permit issued, incentives (planning and Committee of building application fees Adjustment application waived) approved 210 Duke St E, 100 40 Final site plan approval Project manager Knossos Housing issued, foundation Affordable rental housing permit issued, full incentives (planning and building permit under building application fees review waived) 47 Charles St. E 160 160 Clearing conditions of Project manager House of Friendship site plan approval Affordable rental housing incentives (planning and building application fees waived) 15-105 Mooregate 378 378 Conditional site plan Project manager Cres approval granted Affordable rental housing Region of Waterloo incentives (planning and building application fees waived 878 Frederick St 18 18 Clearing conditions of Affordable rental housing KW Habilitation site plan approval incentives (planning and Services building application fees waived Total New Units: 798 734 Page 154 of 164 Projects to Streamline Development Approvals Site Plan folder updates Description: Updating the file management software (AMANDA) for site plan applications to continue process improvements and prepare for the public portal which will allow applicants to submit applications, make payment and monitor progress. Current Status: Underway A multi -disciplinary team of development review staff are working with the technology project manager to identify workflow improvements to integrate into folder updates. Next Steps: The working team will be testing folder updates once complete later this summer. Once testing is complete, the updated folders will go live for use on site plan applications with updated procedures and training to support staff. 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