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DSD-2024-371 - Zoning By-law Amendment Application ZBA24/017/M/CD - 328-330 Mill Street - 1658194 Ontario Ltd.
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