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HomeMy WebLinkAboutDSD-2024-375 - Official Plan Amendment Application OPA24/008/K/ES - Zoning By-law Amendment Application ZBA24/014/K/ES - 2980 King Street East - Charcoal Properties Ltd.Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 16, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: REPORT NO.: August 19, 2024 DSD -2024-375 SUBJECT: Official Plan Amendment Application OPA24/008/K/ES Zoning By-law Amendment Application ZBA24/014/K/ES 2980 King Street East Charcoal Properties Limited RECOMMENDATION: That Official Plan Amendment Application OPA/24/008/K/ES for Charcoal Property Limited requesting to add Specific Policy Area 76 to Map 5 — Specific Policy Areas in the Official Plan and to add Policy 12.D.12.76 to the Official Plan to facilitate a mixed use development having 436 residential units and 692 square metres of commercial space with a building height of 27 storeys and Floor Space Ratio (FSR) of 11, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD - 2024 -375 as Attachment `A', and accordingly forwarded to the Regional Municipality of Waterloo for approval, and That Zoning By-law Amendment Application ZBA24/014/K/ES for Charcoal Properties Limited be approved in the form shown in the `Proposed By-law', and `Map No. 1, attached to Report DSD -2024-375 as Attachment `B'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment applications for the subject lands located at 2980 King Street East. It is planning staff's recommendation that the Official Plan and Zoning By-law Amendments be approved. The proposed amendment supports the creation of 436 dwelling units, and associated ground floor commercial space in an underutilized site that currently contains 3 restaurants and an above grade parking garage. Community engagement included: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 56 of 164 o circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice sign on the property; o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on August 7, 2024; o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meetings; o notice of the public meeting was published in The Record on August 23, 2024. This report supports the delivery of core services. This application was deemed complete on May 22, 2024. The Applicant can appeal this application for non -decision after September 19, 2024. EXECUTIVE SUMMARY: The owner of the subject lands addressed as 2980 King Street East is proposing to add a Specific Policy Area in the City of Kitchener Official Plan, and to add a Site Specific Provision in Zoning By-law 2019-051. Staff are recommending that the applications be approved. BACKGROUND: The City of Kitchener has received applications for Official Plan Amendment and Zoning By-law Amendment from Charcoal Properties Limited for a development concept of a 27 - storey mixed-use building containing 436 dwelling units and 3 commercial units containing 692 square metres of commercial floor space. The application requested a height of 32 storeys. The applicant submitted an Aeronautical Assessment which concluded that the requested height would have an impact on airport operations at the Region of Waterloo Airport and recommends mitigation by redesigning the Runway 08 LNAV approach. However, the Region of Waterloo does not support land uses that are not compatible with airport operations and require a height cap at 420 metres Above Sea Level which would result in a building height of approximately 27 storeys. The lands are designated `Mixed Use' in the City's Official Plan. Site Context The subject lands are addressed as 2980 King Street East. The site is located at the intersection of two Regional Roads: Regional Road 53 (Fairway Road) and Regional Road 8 (King Street). The subject lands have a lot area of 0.55 hectares with a frontage of approximately 65 metres on King Street and 80 metres on Fairway Road. The subject lands are currently developed with a commercial building containing 3 restaurants and an above grade parking garage. The surrounding neighbourhood includes a mix of low, medium, and high-rise residential buildings, as well as commercial, hotel, and institutional uses. Page 57 of 164 4O F � CENTREVILLE ST SUBJECT AREA 4;o 2� co Figure 1 - Location Map: 2980 King Street East REPORT: The applicant is proposing to redevelop the subject lands with a 32 -storey (reduced to 27 storeys due to Region of Waterloo comments) mixed use building containing 436 dwelling units, 692 square metres of commercial space on the ground floor, 6 above grade floors of parking in the building podium, and one level of underground parking. The proposed building contains a 32 -storey tower (reduced to 27 storeys due to Region of Waterloo comments) with a 12 -storey stepdown portion along King Street East. The tower is classified as a "Large Point Tower" in the City's Tall Building Guidelines. Two vehicular accesses are proposed on each fronting street, Fairway Road and King Street East. The Fairway Road access would be for the proposed one level of underground parking. The King Street East entrance is part of an existing shared access between the subject lands and the westerly adjacent property addressed as 2960 King Street East (Courtyard by Marriott Hotel). A total of 339 vehicular parking spaces are proposed. Bicycle parking is proposed to be provided within units and within secure bicycle storage rooms in the parking garage and outdoor bicycle racks for short-term and visitor use. Given that the recommended height has been reduced from 32 to 27 storeys, the development proposal would be revised through the site plan process to meet the lower height cap. Page 58 of 164 IMI 191 !!� 191 119 10 p11 ,1 u!! !91 N9! 19�! 119 E 1'I 13 !� PH 1W u Figure 2 — View of Subject Lands (Fairway Road) The proposed development, as submitted, includes 232 one -bedroom units, 188 two-bedroom units, and 16 three-bedroom units. 1,452 square metres of outdoor amenity space is proposed to be provided on the rooftop of the 6t" floor podium. 246 square metres of indoor amenity space is proposed to be provided on Level 6. Most units will contain a balcony for private outdoor amenity space. Page 59 of 164 •" yr Y - i � a � � � � �� i�! * ��„jp�u 1'F � d�." . *� yH tleJ �y � ! .yam,. �' sem,`-bh}� � e• 1 r� y ! � e•13' ^_^^"• '�°�l� of .Y.� zi.� { yk-:4 .p. s r` iz. I♦ ' "ILA OR 4AFI `yA • h. e v l Ma mo! . �� ,, Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing has approved an integrated province -wide land use planning policy document, replacing the current Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which will come into effect October 20, 2024 (after a decision is made on these applications). Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable, and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health, and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, Page 61 of 164 optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed multiple dwelling development includes 436 new dwelling units. Planning staff is of the opinion that the proposed applications will facilitate the intensification of the subject property with a high-density mixed use development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; Page 62 of 164 iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form open spaces; and a vibrant public realm, including public f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has received and reviewed a copy of the Aeronautical Assessment, prepared by IDS, dated April 25, 2024. The development is located outside the Airport Zoning Regulation limits, but within the obstacle protection area of the Runway 08 approach paths and Runway 26 departure paths. Nav Canada has provided a maximum elevation of 1,350ft ASL at this location before the Runway 08 LNAV is impacted. The Aeronautical Assessment is based upon a proposed building elevation of 1425.5 feet ASL (which does not include any related constructure crane height). The report notes an impact to airport operations at 1,370 feet ASL and proposes mitigation by redesigning the Runway 08 LNAV approach. In accordance with policy 5.A.20 of the Regional Official Plan, the Region does not support land uses that would be incompatible with airport operations and is not able to support the redesign of the Runway 08 approaches and Runway 26 departures as proposed in the Aeronautical Assessment. As such, the proposed Zoning By-law Amendment for the subject Page 63 of 164 lands must limit the proposed building height (and any related construction cranes) to a maximum of 420m (1,378 feet) ASL. Required wording is as follows: The maximum height of the proposed building and related construction cranes on site shall be 420m (1,378 feet) ASL. Any crane used for the construction of this development (e. g. towers, rooftop HVAC, communication towers/antennas) must be below the maximum height of 420m ASL. Planning Staff have revised the proposed Zoning By-law to comply with the maximum building height proposed by the Region of Waterloo. Therefore, Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete, and healthy community. The subject lands are designated `Mixed Use' (Map 3) in the City of Kitchener Official Plan. The Mixed Use land use designation permits a wide range of residential and commercial uses, including high density multiple residential, office, retail, and personal services. The applicant is proposing to add a Specific Policy Area to permit an increased building height and Floor Space Ratio (FSR). The proposed maximum building height is 103 metres, and the proposed FSR is 11.0. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within an Urban Corridor. The planned function of an Urban Corridor is to provide for a range of retail and commercial uses and intensification opportunities that should be transit supportive. They are also generally linear in form and are located along transit corridors. The proposed applications include transit supportive elements, including unbundled parking (less than one parking space provided per unit and sold/leased separately from unit cost) provision of Class A bicycle parking in excess of the minimum zoning standards, and the site's location along an existing transit corridor. The proposed applications also represent an intensification opportunity for housing density while maintaining the commercial space as part of a healthy mix of uses. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for a Major Transit Station Area but also contributes to the vision for a sustainable and more sustainable city. Page 64 of 164 Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed concept includes a pedestrian plaza along retail storefronts and includes terraced landscaping beds and central staircases facing King Street East. Building entrances and windows on the ground floor articulate the building and provide visual interest at street level. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. The building entrance on King Street is designed as barrier free with a ramp rising with the grade towards Fairway Road. Barrier Free parking is provided within all levels of underground and above -grade parking. Site Design, Building Design, Massing and Scale — The subject site is designed to have a building that will be developed at a scale that is compatible with the existing and planned surroundings. The 32 -storey portion (reduced to 27 storeys due to Regional Comments) has been located at the corner, furthest from abutting property lines of abutting lands. Shadow Impact Analysis The applicant has completed a Shadow Impact Analysis in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the requirements outlined in the City of Kitchener Urban Design Manual. Tower Design The proposed 32 -storey tower (reduced to 27 -storeys due to Regional Comments) is classified as a "Large Point Tower" as the proposed tower floor plate is approximately 1,050 square metres in area, with a less than 1.6 ratio of the building length and width. The tower placement has been oriented towards the intersection of King Street and Fairway Road with a 6 -storey podium. The tower massing is broken up vertically by variation and the articulation of building materials and balconies. The tower includes a 12 - storey portion along King Street East as a building step-down. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, Page 65 of 164 healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. In Map 11 of the City's Official Plan, King Street East is identified as an "Adapted Bus Rapid Transit Corridor". The subject lands are directly adjacent to existing Grand River Transit bus pads on both the King Street and Fairway Road frontages for Routes 1, 8, 23 & 27, providing region wide access and connectivity. The building has sufficient access to cycling networks, including existing off-street cycling facilities, and planned on -street cycling infrastructure. The Dom Cardillo Trail is 500 metres from the subject lands to provide off-street cycling facilities. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment applications support a denser residential development. The location of the proposed buildings will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. Housing Policies: Section 4. 1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the range of dwelling units available in the city. The development is contemplated to include a range of unit types including, one-, two- and three-bedroom units. The wide range of units, in this location, will appeal to a variety of household needs and directly responds to the need for more housing during the current housing crisis. Official Plan Conclusions The Official Plan Amendment application requests that the `Mixed Use' land use designation as shown on Map 3— City of Kitchener Official Plan be amended to add `Specific Policy Area 76'. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Attachment `A'. Proposed Zoning By-law Amendment: The subject lands are currently zoned "Mixed Use Two Zone" in Zoning By-law 2019-051 with Site -Specific Provisions (49) and (118). These site specific provisions allow a higher building height (12 storeys) and a Floor Space Ratio of 4.0 above the base zoning, and were added as part of the City's 2014 Official Plan and Zoning By-law 2019-051. The applicant has requested an amendment to delete the existing two Site -Specific Provisions (49) and (118) and replace them with a new Site -Specific Provision (406). The new site specific provision would establish new development standards for the proposed concept, including height, floor space ratio, parking, and setbacks. Page 66 of 164 A Holding Provision (87H) is requested by the Region of Waterloo to ensure the detailed noise study is updated and implemented prior to the use being permitted on the lands. Official Plan policies indicate that where special zoning regulations are requested for residential intensification or a redevelopment of lands, the overall impact of the site specific zoning regulations will consider compatibility with existing built form; appropriate massing and setbacks that support and maintain streetscape and community character; appropriate buffering to mitigate adverse impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking spaces and an appropriate landscaped/amenity area. Staff offer the following comments with respect to Site -Specific Provision: a) That the maximum Floor Space Ratio (FSR) shall be 11.0. The purpose of this regulation is to cap the Floor Space Ratio (FSR) and ensure development does not exceed the density presented in the concept plans. Floor Space Ratio (FSR) is used to measure the overall massing of the above grade portions of the development, in order to quantify the overall density of the site. The location of the subject lands at the intersection of two Regional Roads, with no abutting lot lines to low rise residential zoning makes the lands a good candidate for increased density for redevelopment. The applicant has provided a development concept that demonstrates adequate building scale and orientation to justify a requested increase in Floor Space Ratio to 11.0. Further, the applicant has provided a concept plan demonstrating functional access, loading, parking, on site circulation, and robust amenity to demonstrate that a building of this typology with the proposed density and Floor Space Ratio of 11.0 can function appropriately on the lands. b) The maximum building height shall be 85 metres above grade, and 420 metres Above Sea Level (ASL). The purpose of this regulation is to regulate the maximum building height for the proposed development. The proposed building height is generally in accordance with the City's Tall Building Guidelines. The applicant has provided a shadow impact analysis that demonstrates that the standards for sunlight and shadow impacts in the City's Urban Design Guidelines are met. The proposed building height represents a high-rise form of development that is appropriate in the Urban Corridor urban structure and within the Mixed Use land designation. The applicant requested a building height of 32 storeys. The Region of Waterloo does not support the proposed height due to impacts on airport operations. The proposed maximum height recommended by staff is the maximum permitted without having impacts on airport operations, according to comments provided by the Region of Waterloo. c) That the minimum vehicle parking be a rate of 0.75 parking spaces per dwelling unit. The purpose of this regulation is to provide for a parking rate which is appropriate for the development. The proposed ratio results in a parking rate of 0.75 parking spaces per dwelling unit. The subject lands have excellent access to public transit and Page 67 of 164 pedestrian/cycling networks and bike storage will be provided within the development for residents and visitors. The requested Zoning By-law Amendment for high density development is encouraged to be transit supportive, and parking ratios lower than 1 parking space per dwelling unit actively encourage transit and active transportation use. Planning and Transportation Services staff is of the opinion that the parking rate of 0.75 parking spaces per dwelling unit is appropriate for the proposed development on the subject lands. d) That the minimum rear yard setback shall be 3.5 metres. The purpose of this regulation is to regulate the building setback to adjacent properties and provide for an adequate building setback for landscaping and amenity areas. The proposed setback of 3.5 metres is from the podium portion (6 storeys) of the building, whereas the tower portion is proposed to be set back 34.3 metres from the rear property line. The proposed rear yard setback of 3.5 metres for the parking podium matches the setback of the existing parking garage structure on site. Outdoor amenity space is provided on top of the parking podium. Planning Staff is of the opinion that the proposed 3.5 metre rear yard setback, for the podium portion of the building, is appropriate for the development on the subject lands. e) That the minimum Class A bicycle parking be a rate of 1.0 bicycle space per dwelling unit. The purpose of this regulation is to establish a minimum amount of Class A (secure, indoor) for residents to store their bicycles. Justification for reduction in vehicle parking can include promoting active transportation by increasing the amount of bicycle parking available to residents. The proposed rate is twice as much as required in the `MIX' zones in Zoning By-law 2019-051. Staff is of the opinion that the proposed rate is appropriate to achieve the City's goals of promoting active transportation. f) That Geothermal energy systems shall be prohibited. The purpose of this regulation is to protect sensitive groundwater areas. The Region of Waterloo requires a prohibition on geothermal energy on the subject lands. Holding Provision (87H) Planning staff are recommending the following holding provision as part of the Zoning By- law Amendment: No residential use shall be permitted until such time as a Road Traffic and Stationary Noise Study is submitted and approved and implementation measures addressed to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. Page 68 of 164 Staff offer the following comments with respect to Holding Provision (87H). Official Plan policies require that holding provisions will be applied in those situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to facilitate the implementation of the Site -Specific Provision (406). The City will enact a by-law to remove the holding symbol when all the conditions set out in the holding provision have been satisfied, permitting development or redevelopment in accordance with the zoning category assigned. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to Mixed Use Two Zone (MIX -2) with Site Specific Provision 406 and Holding Provision 87H represents good planning as it will facilitate the redevelopment of the lands with a mixed-use development that is compatible with the existing neighbourhood, which will add visual interest at the street level, provide enhanced landscaping that will contribute to the streetscape, and which will appropriately accommodate on-site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Attachment "B". Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment Applications was undertaken to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment `D' of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: Planning Justification Report Prepared by: MHBC Planning, May 2024 Urban Design Brief Prepared by: MHBC Planning, May 2024 Architectural Site Plan Prepared by: Reinders + Law Architecture and Engineering, February 2, 2024 Noise Feasibility Study Prepared by: HGC Engineering, April 29, 2024 Functional Servicing and Stormwater Management Report Prepared by: MTE Consultants Inc, May 3, 2024 Site Grading and Servicing Plan Prepared by: MTE Consultants Inc, March 5, 2024 Page 69 of 164 Existing Conditions Plan Prepared by: MTE Consultants Inc, November 28, 2023 Pedestrian Wind Comfort Assessment Prepared by: RWDI, April 30, 2024 Sustainability Statement Prepared by: MHBC Planning, May 17, 2024 Parking Study Prepared by: Paradigm Transportation Solutions Limited, March 2024 Arborist Report Prepared by: JK Consulting Arborists, May 6, 2024 Aeronautical Assessment Prepared by: IDS North America, April 25, 2024 Building Elevations & Renderings Prepared by: Reinders + Law Architecture and Engineering, April 30, 2024 Floor Plans Prepared by: Reinders + Law Architecture and Engineering, May 1, 2024 Risk Management Plan Prepared by: Region of Waterloo, March 20, 2024 Shadow Impact Analysis Prepared by: Reinders + Law Architecture and Engineering, May 1, 2024 Community Input & Staff Responses Staff received written responses from 5 residents with respect to the proposed development. These are included in Attachment `E'. A Neighbourhood Meeting was held on August 7, 2024. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Concern for the current The owner has stated that they intend to operate for restaurant(s) on site to be closing. the long-term on the site. Impacts of shadows from the tall A Shadow Study has been submitted. Staff have building reviewed the study and are satisfied the shadow study meets the minimum requirements, as related to shadow impacts and will have minimal impacts on adjacent properties. Page 70 of 164 WHAT WE HEARD Approximately 5 people provided comments A City -led Neighbourhood Meeting held on August 7, 2024 and approximately 3 different users logged on 325 households (occupants and property owners) were circulated and notified Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit 2980 King Street East to be Page 71 of 164 The subject lands do not directly abut any lands zoned low rise residential. Parking will be insufficient The City's policies for this area encourage Transit Supportive Development. This includes providing for less than 1 parking space per dwelling unit to encourage transit use, as well as other forms of transportation including active transportation. The proposed parking rate in the development helps the City achieve its goals for a modal shift from automobile dependence. WHAT WE HEARD Approximately 5 people provided comments A City -led Neighbourhood Meeting held on August 7, 2024 and approximately 3 different users logged on 325 households (occupants and property owners) were circulated and notified Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit 2980 King Street East to be Page 71 of 164 developed with a mixed-use building. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. It is recommended that the applications be approved. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Two large notice signs were posted on the property and information regarding the application was posted to the City's website in June 2024. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meeting. Notice of the Statutory Public Meeting was also posted in The Record on August 23, 2024 (a copy of the Notice may be found in Attachment `C'). CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands in June 2024. In response to this circulation, staff received written responses from 5 members of the public. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina — Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Readman, Justin— General Manager, Development Services Department ATTACHMENTS: Page 72 of 164 Attachment A —Proposed Official Plan Amendment Attachment B — Proposed Zoning By-law Amendment Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Public Comments Attachment F — Site Plan Page 73 of 164 Attachment "A" DSD-2024-375 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 2980 King Street East Page 74 of 164 INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 2980 King Street East TITLE AND COMPONENTS PURPOSE OF THE AMENDMENT BASIS OF THE AMENDMENT THE AMENDMENT Notice of the Meeting of Planning and Strategic Initiatives Committee of September 16, 2024 Minutes of the Meeting of Planning and Strategic Initiatives Committee — September 16, 2024 Minutes of the Meeting of City Council — September 30, 2024 Page 75 of 164 Attachment "A" DSD -2024-375 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Official Plan by adding Specific Policy Area 76 to Map 5 and by adding associated Policy 12.D.12.76 to the text of the Official Plan. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are designated `Mixed Use' in the City of Kitchener Official Plan. Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, 3 Page 76 of 164 Attachment "A" DSD -2024-375 (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing has approved an integrated province -wide land use planning policy document, replacing the current Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which will come into effect October 20, 2024 (after a decision is made on these applications). Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed multiple dwelling development includes 436 new dwelling units. Planning staff is of the opinion that the proposed applications will facilitate the intensification of the subject property with a high-density mixed use development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. 4 Page 77 of 164 Attachment "A" DSD -2024-375 Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; C) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; 5 Page 78 of 164 Attachment "A" DSD -2024-375 f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has received and reviewed a copy of the Aeronautical Assessment, prepared by IDS, dated April 25, 2024. The development is located outside the Airport Zoning Regulation limits, but within the obstacle protection area of the Runway 08 approach paths and Runway 26 departure paths. Nav Canada has provided a maximum elevation of 1,350ft ASL at this location before the Runway 08 LNAV is impacted. The Aeronautical Assessment is based upon a proposed building elevation of 1425.5 feet ASL (which does not include any related constructure crane height). The report notes an impact to airport operations at 1,370 feet ASL and proposes mitigation by redesigning the Runway 08 LNAV approach. In accordance with policy 5.A.20 of the Regional Official Plan, the Region does not support land uses that would be incompatible with airport operations and is not able to support the redesign of the Runway 08 approaches and Runway 26 departures as proposed in the Aeronautical Assessment. As such, the proposed Zoning By-law Amendment for the subject lands must limit the proposed building height (and any 6 Page 79 of 164 Attachment "A" DSD -2024-375 related construction cranes) to a maximum of 420m (1,378 feet) ASL. Required wording is as follows: The maximum height of the proposed building and related construction cranes on site shall be 420m (1,378 feet) ASL. Any crane used for the construction of this development (e.g. towers, rooftop HVAC, communication towers/antennas) must be below the maximum height of 420m ASL. Planning Staff have revised the proposed Zoning By-law to comply with the height cap propsoed by the Region of Waterloo. Therefore, Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete, and healthy community. The subject lands are designated `Mixed Use' (Map 3) in the City of Kitchener Official Plan. The Mixed Use land use designation permits a wide range of residential and commercial uses, including high density multiple residential, office, retail, and personal services. The applicant is proposing to add a Specific Policy Area to permit an increased building height and Floor Space Ratio (FSR). The proposed maximum building height is 103 metres, and the proposed FSR is 11.0. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within an Urban Corridor. The planned function of an Urban Corridor is to provide for a range of retail and commercial uses and intensification opportunities that should be transit supportive. They are also generally linear in form and are located along transit corridors. The proposed applications include transit supportive elements, including unbundled parking (less than one parking space provided per unit and sold/leased separately from unit cost) provision of Class A bicycle parking in excess of the minimum zoning standards, and the site's location along an existing transit corridor. The proposed applications also represents an intensification opportunity for housing density while maintaining the commercial space as part of a healthy mix of uses. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will 7 Page 80 of 164 Attachment "A" DSD -2024-375 support a development that not only complies with the City's policies for a Major Transit Station Area but also contributes to the vision for a sustainable and more sustainable city. Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed concept includes a pedestrian plaza along retail storefronts and includes terraced landscaping beds and central staircases facing King Street East. Building entrances and windows on the ground floor articulate the building and provide visual interest at street level. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Universal Design — The development will be designed to comply with Accessibility for Ontarian's with Disabilities Act and the Ontario Building Code. The building entrance on King Street is designed as barrier free with a ramp rising with the grade towards Fairway Road. Barrier Free parking is provided within all levels of underground and above -grade parking. Site Design, Building Design, Massing and Scale — The subject site is designed to have a building that will be developed at a scale that is compatible with the existing and planned surroundings. The 32 -storey portion (reduced to 27 storeys due to Regional Comments) has been located at the corner, furthest from abutting property lines of abutting lands. Shadow Impact Analysis The applicant has completed a Shadow Impact Analysis in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the requirements outlined in the City of Kitchener Urban Design Manual. Tower Design The proposed 32 -storey tower (reduced to 27 -storeys due to Regional Comments) is classified as a "Large Point Tower" as the proposed tower floor plate is approximately 1,050 square metres in area, with a less than 1.6 ratio of the building length and width. The tower placement has been oriented towards the intersection of King Street and Fairway Road with a 6 -storey podium. The tower massing is broken up vertically by Page 81 of 164 Attachment "A" DSD -2024-375 variation and the articulation of building materials and balconies. The tower includes a 12 -storey portion along King Street East as a building step-down. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. In Map 11 of the City's Official Plan, King Street East is identified as an "Adapted Bus Rapid Transit Corridor". The subject lands are directly adjacent to existing Grand River Transit bus pads on both the King Street and Fairway Road frontages for Routes 1, 8, 23 & 27, providing region wide access and connectivity. The building has sufficient access to cycling networks, including existing off-street cycling facilities, and planned on -street cycling infrastructure. The Dom Cardillo Trail is 500 metres from the subject lands to provide off-street cycling facilities. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit - oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment applications support a denser residential development. The location of the proposed buildings will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the range of dwelling units available in the city. The development is contemplated to include a range of unit types including, one, two and three bedroom units. The wide range of units, in this location, will appeal to a variety of household needs and directly responds to the need for more housing during the current housing crisis. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Part C, Section 15.D.12 Area Specific/Site Specific Policy Areas is amended by adding Special Policy 15.D.12.76 thereto as follows: "76. Notwithstanding the Mmixed Use land use designation and policies, applied to the lands located at 2980 King Street, the maximum Floor Space Ratio shall be 11 and the maximum builidng height shall be 85 metres. 9 Page 82 of 164 Attachment "A" DSD -2024-375 A Holding Provision shall be applied to residential uses and will not be removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Noise Study and implementation measures have been reviewed and approved by the Region of Waterloo. b) Map No. 5 — Specific Policy Areas is amended by designating the lands, municipally addressed as 2980 King Street East, as `Mixed Use with Special Policy Area 76" instead of `Mixed Use', as shown on the attached Schedule W. 10 Page 83 of 164 APPENDIX 1 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 2980 Ding Street East Concept Drawing 0 32 Storeys 436 Dwelling Units Af3 3 Ground Floor Commercial Units Attachment "A" DSD -2023-428 L L Kc4ff aT(_TiE ER Have Your Voice Heard! Planning & Strategic InitiativesCommittee Date: September 16, 2024 Location. Council Chambers. Kitchener City Hall 200 King Street West orVirtual Zoom Meeting 6o to kitchener.calmeetings and select: • Current agendas and reports (pasted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more aboutthis project. including information on your appeal nigh*s, visit: www.kitchener.ca% lila nningAppiications or contact: Eric Schneider, Senior Planner eric.schne der(c�kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider applications for an Official Plan Amendment and a Zoning By-law Amendment to facilitate the redevelopment of the site with the removal of the existing commercial building and parking garage and replacing itith a 32 -storey mixed use building having a Floor Space Ratio of 11, with ground floor commercial and 436 dwelling units on the floors above and having 339 parking spaces. Page 84 of 164 Attachment "A" DSD-2023-428 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — September 16, 2024 12 Page 85 of 164 Attachment "A" DSD-2023-428 APPENDIX 3 Minutes of the Meeting of City Council — September 30, 2024 13 Page 86 of 164 1 2 LLL.I W w I x WLLo "' Q U)co0 a W coQ zzQ� � o 0 0 Q LL 0 2 J O� O w O 0LU N N z m V a F- ,� a � LL LO cn c +, v cn d z O HJHJ 0tf m N L Q Y Q z 0 i O c v c a wQ M Na) '— LL U a . Y -.4.E 0-z W D LL Q U V O N Lo M °� 000 W w O W U O - - - N M Q N 0 i Z U Qa � LO 0 0� w 2 w W cn O LU Q i Q U cn ®®®®® Q Z Q `~ J J O w d i U J z Q w U z o LL z w O Oo N 0 w �i U) 44/ w A., TOM �v COvJ p tiCo LO N O O N U) O w 00 Q NPK� �R Q w 0o U o (D U) w w (D Qa w 4/ W00 J Q co�� o Ci co z ry, LLI <Y uico z N d d Q DSD -2024-375 Attachment "B1" PROPOSED BY — LAW '2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law No. 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Charcoal Properties Ltd. — 2980 King Street East) WHEREAS it is deemed expedient to amend Zoning By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Numbers 220 and 239 of Appendix "A" to By-law 2019-051 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use Two Zone (MIX -2) with Site Specific Provisions (49) and (118) to Mixed Use Two Zone (MIX -2) with Site Specific Provision 406 and Holding Provision (87H). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (406) thereto as follows: "406. Notwithstanding Sections 5.6 and 8.3 of this By-law, for the lands zoned MIX -2 and shown as being affected by this subsection on Zoning Grid Schedule Numbers 220 and 239 of Appendix "A", the following special regulations shall apply: i) The maximum Floor Space Ratio shall be 11; ii) The maximum Building Height shall be 85 metres above grade, and 420 metres Above Sea Level (ASL); iii) The minimum Rear Yard Setback shall be 3.5 metres; iv) The minimum residential parking rate shall be 0.75 spaces per Dwelling Unit,- v) nit, v) The minimum Class A Bicycle Parking requirement shall be 1.0 space per Dwelling Unit. Page 88 of 164 DSD -2024-375 Attachment "131" vi) Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed- loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation." 3. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (87H) thereto as follows: "87H. Notwithstanding Section 8 of this By-law within the lands zoned Mixed Use Two Zone (MIX -2) and shown as being affected by this subsection on Zoning Grid Schedule Numbers 220 and 239 of Appendix "A", no residential uses shall be permitted until such time as the following condition has been met and this holding provision has been removed by by-law: a) A detailed transportation (road) and stationary noise study has been completed and implementation measures recommended to the satisfaction of the Region." 4. This By-law shall become effective only if Official Plan Amendment No. _, 2980 King Street East comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of 2024. Mayor Clerk Page 89 of 164 �Z U w O Q O O < U in o w o N Q °) < rn (n 00 N 10 O a JW P v E a m N X� v � N 4 � Z Z LLIU) z Ur w Z p w Z Z Z CD O X O CD Zc��c�00 N Q N O % W % Z N 0 z 0 0 _ U) J OOf Of j d N d U) Q m ~ LL 0 w— Of ° Dw�wa CO W� U= U Z H LU X w p w L: LLJ Z U X U 00 m ~ wwp��� U Z Q Q � Q 0 0 LuN w N Q w z O w LLIN zw z J W p Z ZLLo O w Z O wN w OF cNi� W -> LL, Of > N� >� OLS zQ ♦— 3LLI Q Q Q LLIU U z z U w O Q O O < U in o w o N Q °) < (n LU a JW P v E a m N LLIU) z Ur w Z p w Z Z Z N � N Q LU z 2 0 N Of Q W p } CO (7 IL O W W W W O U w Q U` ~ 0 Z o�,Q��awww 0 0 LuN w N Q o O U U L/) O z w p O z Q N L a �z(Dw=pzW-Of� o �ZXN 0 m Q as La -0 z 7 ui ui w w 0wZzw N N a =Z 0z�0IL 000 \ (�7�aw ~ g �� awQo ��NN I—L w�wg �cnc�cn w LLj ax zxQU Z W H Z fi r'>LO0-0w ww m U m U z 2 0 pUwH N U O Y Lu Q CL Z LLI ■� �C)Lu LU q' ; , ,� W U 0 a N N �. L,? W,0 ZLL �'' W W 1 N O w � � � IW x U N so cl \- \ W ' Oo N r \W ui ►n ^ ^ 1 O d' O ~ WOW f H 1 N W p g coX 1 0 a ,. w w NO%�b O J ui m r a 6 L 37na3HaS MU/b Ob a3 Q 6i -� ZZ ainaaHas °' W 9-7na9HaS v Q N ^ U) 0 X co C;) � 1 1 0 2 N (n , d� W W W _ O CIN ■ U LU JI J O LL1 (n O WIW ` O Z Ln 7 V, V A a `� Ln Ch� y, y li 0 ,W= W �CD� e O coN NOTICE OF PUBLIC MEETING fora development in your neighbourhood 2980 King Street East Concept Drawing 32 436 3 Ground Storeys Dwelling Floor Units Commercial Units IIT(',H,NL Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: September 16, 2024 Location: Council Chambers, Kitchener City Hall 201 King Street West orVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Eric Schneider, Senior Planner eric.schneider@ kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider applications for an Official Plan Amendment and a Zoning By-law Amendment to facilitate the redevelopment of the site with the removal of the existing commercial building and parking garage and replacing it with a 32 -storey mixed use building having a Floor Space Ratio of 11, with ground floor commercial and 436 dwelling units on the floors above and having 339 p 6'g1s•of 164 City of Kitchener OPA/ZBA comments Application type: Zoning By-law Amendment Application ZBA24/014/K/ES Official Plan Amendment Application OPA24/008/K/ES Comments of: Transportation Services Commenter's name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 e 7369 Date of comments: July 24, 2024 Comments due: July 24, 2024 Project address: 2980 King Street East As part of a complete Zoning By-law and Official Plan amendment application, a Parking Study was submitted (March 2024) by Paradigm Transportation Solutions Limited in support of these applications. Transportation Services have reviewed the parking study and offer the following comments. Development proposal The applicant is proposing to redevelop the site with a 32 -storey mixed-use tower with 418 residential units and 812M2 of commercial space. The site will have vehicle access provided by one full moves access point along King Street East (Regional Road 6). There are a total of 288 parking spaces are being proposed for all uses and are located within an underground parking garage, podium and at grade. Parking Demand analysis Forecasted Parking Demands were analyzed that included the Transportation Tomorrow Survey (TTS 2016) data, ITE Parking Generation Manual (6t" edition) and proxy site data from developments within the City of Kitchner. Based on that collected information, the estimated residential parking demand is between 0.43 and 1.03 spaces per unit (180 and 431 spaces). The estimated maximum non-residential parking demand is approximately 22 spaces. Active Transportation (AT) analysis There are several Grand River Transit (GRT) routes less than 600m from this development. They include the following routes: 1, 8, 23, 27, iXpress 206 and ION Bus 302. These routes have weekday headways between 10 to 45 minutes during the AM/PM peak hours and these routes offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided generally on both sides of roadways in the surrounding area. There are existing cycling opportunities in the area along the Dominic Cardillo Trail between Morgan Avenue and Franklin Street North, which is less than 600m from this development. There are future A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 92 of 164 cycling improvements along Fairway Road North (Morgan Avenue to River Road) with separated cycling lanes, a bikeway along Morgan Avenue (Fairway Road North to River Road) and a multi -use trail along Fairway Road North and River Road. To encourage cycling and take advantage of the existing and future cycling opportunities in the area, the applicant is providing 286 Class A indoor secure bicycle parking spaces and 6 Class B outdoor bike parking spaces, as noted on the submitted site plan with this application. Transportation Demand Management (TDM) analysis The applicant intends to have the parking unbundled and offered at a separate cost to leasing or owning a unit. This approach is more equitable and effective as tenants are not forced to pay for parking that they do not need. Transportation Services supports this approach. The applicant is considering providing subsidized transit passes for a minimum of two years to further encourage alternative modes of transportation as their primary mode of travel. Transportation Services recommend that subsidized transit passes are provided for support of a reduced parking ratio. The transit passes coupled with the unbundled parking are a great way to provide that shift to an alternative mode of transportation and reduce the dependency on the vehicle and the reduced parking rate that the applicant is seeking. Conclusion Prior to Transportation Services providing its final comments, clarification should be provided for the following discrepancies between the Parking Study and site plan statistics that were provided as part of this OPA/ZBA submission. The Parking Study notes the following site statistics, while the City of Kitchener template information is indicated in italics. • 418 units • 288 provided parking spaces (0.69sp/unit) • 0 visitor parking • 0 non-residential parking (436 units) (339 provided parking spaces 0.78sp/unit) (0 visitor parking) (0 non-residential parking) It should be noted that this development is showing two ground floor commercial units and to qualify for zero visitor parking as proposed, three commercial units are needed for the multi -unit parking rate. Transportation Service isn't prepared to waive the parking requirements for visitor and non-residential parking. Therefore, visitor parking should be provided at a rate of 0.1 space per unit and non-residential parking of 22 spaces be provided, as noted in the report. The Parking Study states one full moves access to King Street East, however, it should be noted that this is a shared access with the neighbouring property at 2960 King Street East. Also, the submitted site plan notes a parking structure entrance along Fairway Road North (Regional Road 53), which accounts for a second access point. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 93 of 164 Region of Waterloo Eric Schneider Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Schneider, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephane:519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Will Towns 1-519-616-1868 File: D17/2/24008 C14/2/24014 August 21, 2024 Re: Proposed Official Plan Amendment OPA 24/08 and Zoning By-law Amendment ZBA 24/014 2980 King Street East MHBC Planning Limited (C/O Andrea Sinclair) on behalf of Charcoal Properties Limited (C/O Tom Wideman) CITY OF KITCHENER On behalf of the property owner, MHBC Planning has submitted a site-specific Official Plan amendment (OPA) and zoning by-law amendment (ZBA) application for a development proposal at 2980 King Street East (the subject lands) in the City of Kitchener. The owner is proposing to demolish the existing building on-site and construct a 32 - storey mixed-use building with a 12 -storey stepdown to a 6 -storey podium that will contain approximately 436 dwelling units and 690 m2 of commercial space. The subject lands are located in the Urban Area and Delineated Built Up Area in the Regional Official Plan. The site is designated Mixed Use in the City of Kitchener Official Plan and zoned Mixed Use 2 (MIX -2). The applicant has requested an OPA to redesignate the subject lands to add a site-specific policy to permit an FSR of 11 (whereas FSR of 4 is permitted) and a ZBA to rezone the lands and apply a site-specific provision to permit an increased FSR, building height and reduced visitor and commercial parking. The Region has had the opportunity to review the proposal and offers the following: Document Number: 4722148 Version: 1 Page 1 of 9 Page 94 of 164 Community Planning The subject lands are designated "Urban Area" and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP) and the site is designated Low Rise Residential in the City of Kitchener Official Plan. Built Up Area Policies: Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.B.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of 15 -minute neighbourhoods. The proposed density will contribute to the achievement of Kitchener's intensification target for the Delineated Built Up Area. In addition, the applicant has proposed stacked townhouses throughout the development, which is encouraged as a form of missing -middle housing in the Delineated Built -Up Area. Region of Waterloo International Airport The Region has received and reviewed a copy of the Aeronautical Assessment, prepared by IDS, dated April 25, 2024. The development is located outside the Airport Zoning Regulation limits, but within the obstacle protection area of the Runway 08 approach paths and Runway 26 departure paths. Nav Canada has provided a maximum elevation of 1,350ft ASL at this location before the Runway 08 LNAV is impacted. The Aeronautical Assessment is based upon a proposed building elevation of 1425.5 feet ASL (which does not include any related constructure crane height). The report notes an impact to airport operations at 1,370 feet ASL and proposes mitigation by redesigning the Runway 08 LNAV approach. In accordance with policy 5.A.20 of the Regional Official Plan, the Region does not support land uses that would be incompatible with airport operations and is not able to support the redesign of the Runway 08 approaches and Runway 26 departures as proposed in the Aeronautical Assessment. As such, the proposed Zoning By-law Amendment for the subject lands must limit the proposed building height (and any related construction cranes) to a maximum of 420m (1,378 feet) ASL.. Required wording is as follows: The maximum height of the proposed building and related construction cranes on site shall be 420m (1,378 feet) ASL. Any crane used for the construction of this development (e.g. towers, rooftop HVAC, communication towers/antennas) must be below the maximum height of 420m ASL. In addition to the above, the development may be subject to noise and the presence of overhead aircraft. Regional staff shall require the following noise warning clause be Document Number: 4722148 Version: 1 Page 2 of 9 Page 95 of 164 implemented through a registered development agreement between the Owner/Developer and the Regional Municipality of Waterloo through a future consent or condominium application: "Prospective purchasers and tenants are advised that all units in this development are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." Environmental Noise (Transportation and Stationary Sources) Study The Environmental Noise Study entitled Noise Feasibility Study, Proposed Residential Development, 2980 King Street East, Kitchener, ON, prepared by HGC Engineering Ltd., dated April 29, 2024 has been reviewed by the Region's peer review consultant. The report assesses both transportation and stationary sources in the vicinity of the proposed development. Peer review comments are attached to this letter. Note that minor revisions only are identified by the peer reviewer; therefore, a revised study is not required for Regional support for the OPA/ZBA application, but the study should be revised and resubmitted to the Region for our records. In addition, the Region will require a Holding Provision until a detailed noise study addressing final design of the site and its impact on surrounding sensitive land uses and itself is prepared and accepted by the Region. The required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation (road) and stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. Corridor Planning Official Plan Amendment and Zoning By-law Amendment Requirements Functional Servicing and Stormwater Management Report The report entitled "2980 King Street East Functional Servicing and Stormwater Management Report" (dated May 3, 2024, prepared by MTE) and associated drawings C1.1 (Existing Conditions & Removals Plan) have been reviewed by Regional staff. Note that Regional staff have no concerns with the SWM report preliminarily, although please note that a detailed SWM report will be required as part of a site plan application. Comments to be addressed will be provided to the applicant's engineering consultant under separate cover. Please note that the Region must be satisfied with the Functional Servicing and Stormwater Management report prior to a recommendation being made on the OPA/ZBA application. Access & Site Circulation: Document Number: 4722148 Version: 1 Page 3 of 9 Page 96 of 164 The consultant must confirm that the proposed vehicular access to Fairway Road North will work as a right-in/right-out access via the use of a sign located on private property without the need for any other road improvements. Please note that there is an existing centre median (raised and depressed combination) with a southbound left turn lane. The condition for this access on Fairway Road will be right-in/right-out use only. The consultant is also asked to clarify if the access to King Street East (shared with the adjacent property at 2960 King Street East) is proposed to continue. If an agreement is not in place already, a Mutual Access Agreement must be registered on title between both properties to ensure the continued shared use of this access. Transit Planning The subject lands are well -served by transit with Grand River Transit (GRT) Route 8 operating adjacent to the site and Route 302 (ION Bus) offering two-way service on King Street East. Route 27 provides two-way service on Fairway Road and King Street East, while Routes 1 and 23 provide two-way service on Fairway Road North. Two GRT stops are also located adjacent to the subject lands. Stop #1042 is located on Fairway Road North and stop #2621 is located on King Street East. Stop #2621 warrants improvement as there is only room for a concrete landing pad within the King Street East right-of-way and many GRT customers sit on an existing retaining wall on the subject lands while they wait for the bus. Given the increased density proposed for the subject lands and the existing high levels of boarding activity at this location, stop #2621 will need to be improved and an easement in favour of the Region of Waterloo will be required on the property side of the municipal sidewalk to support the installation of a glass transit shelter. GRT staff recommend that the transit shelter easement be located in the most westernmost area identified as a planter on Drawing No. 23070 -SP1, just east of the existing pedestrian entrance to the subject lands (leading to the front door of the restaurant). The transit shelter easement will be approximately 2.3m deep by 6m wide and will house a concrete shelter pad and glass transit shelter. This easement will also require the removal of a portion of the proposed planter and a possible reconstruction of the existing retaining wall, if warranted. In addition to the easement, as a condition of site plan approval or plan of condominium, the applicant/owner will be required to provide funds in lieu for the constriction of the concrete transit shelter pad as well as a 5' x 16' glass transit shelter. The current cost of the concrete shelter pad and glass transit shelter amounts to $19,630, but the cost of these amenities may increase in the future. To identify the most appropriate placement of the transit amenities, please consult with GRT staff prior to finalizing site plans. Transportation Demand Manaaement (TDM Regional staff are supportive of 286 secure indoor (Class A) bike parking spaces as noted in the Planning Justification Report. Given the proposed 436 residential units, this results in a rate of approximately 0.66 spaces per unit, which is above the required minimum rate of 0.5 required by the City of Kitchener. The report also states that additional bike parking may be provided in the individual units. Regional staff strongly Document Number: 4722148 Version: 1 Page 4 of 9 Page 97 of 164 support this as some bicycle owners have bikes which are of significant value, and providing them with the practical option of keeping that bike secure in their unit is encouraged. Residents without the need to store a bike in their unit could repurpose that space for storage. Regional staff note that six (6) outdoor Class B spaces outlined in the report meet the City of Kitchener's minimum for a multiple dwelling building; however, this does not consider the 692 m2 of proposed commercial space. Assuming the use to be "commercial entertainment", three additional spaces are recommended. Regional staff also strongly encourage the provision of more outdoor Class B bicycle parking due to the reduction in minimum parking requirements from 0.9 spaces/dwelling unit with approximately 17 for the commercial area for a combined 0.75 spaces per dwelling unit. Additional Class B bicycle parking should be added to accommodate commercial customers as well as food delivery by bicycle. It is also recommended that additional space be designated outdoors for a shared micromobility system parking pad. Placement of Class A Bike Parking.- In arking:In the underground garage, the door to the bike parking room exits into a vehicle parking space. It is recommended that this door placement be adjusted so as not to require cyclists to maneuver between a parked car and the wall. It is also recommended that some of the bike storage space be "Open Space" without racks, to allow for users to park non -conventional bikes (e.g. tricycles, fat -tire bikes, child bikes, trailers, cargo bikes, etc.). On the ground floor, a more direct route from the lobby to the bike room would be beneficial, potentially with access from the moving room. The level 1 (Mezzanine) and levels 2-5 bike rooms are generally very good, although access to these areas may be improved by adding a second door to the larger room, providing a more direct route to the garage. General Comments on Bike Parking.- Regional arking:Regional staff recommend that the doors to the bike room(s) be key -card activated automatic doors and that the card readers/buttons/swept path of the door be arranged to ensure convenience for someone walking a bike, and that the doors be as wide as possible. Sliding doors are also encouraged. One secure bike room should have a bike fix -it station with stand, tools and air pump. Some space in each room should be left without bike racks to support residents with unconventional bikes (e.g. tricycles, fat -tire bikes, child bikes, trailers, cargo bikes, etc.). A bike wash station should be located in the parking garage and can include a hose connection, hose, nozzle, drain and bike stand. Site Plan Application Requirements Access Permit An Access Permit with the applicable fee of $230 is required for the proposed accesses on Fairway Road north and King Street East. Any redundant accesses will be closed Document Number: 4722148 Version: 1 Page 5 of 9 Page 98 of 164 and require permit to facilitate closure (please note that there is no fee for access closure). In addition, any shared access requires a mutual access agreement between property owners, as described above. The application for the Regional access permit can be found here: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment- Forms/Com mercial-Access-Perm it -Application Site Grading & Stormwater Management (SWM) Storm sewers within the rights-of-way of Regional roads are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances, off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road and King Street East will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road and King Street East storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. It is the responsibility of the applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Malcolm Lister, Manager, Technical Servicing at the Region of Waterloo at mlister(o)regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road and/or King Street East is available which may be of assistance. The applicant must submit electronic copies of the detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a Stormwater Management Report for Regional review and approval. This should include drainage details for the subject lands, abutting properties and the public road allowance to ensure compatible drainage and to show all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features all to the Region's satisfaction. Transit Planning GRT requires the following as a condition of the future site plan application in accordance with Section 5.A.3 of the Region Official Plan (and as discussed in more detail above): • The Owner/Applicant shall provide funds in lieu for the construction of: o One 2.3m X 6m concrete transit shelter pad; and o One 5' x 16' glass transit shelter • That the Owner/Applicant will provide an easement for a transit shelter in favour of the Region of Waterloo (Grand River Transit) for an area of land equal to the size of the required concrete transit shelter pad, for the purpose of providing a dedicated space for a transit shelter on the property side of the municipal sidewalk in the approximate location of existing GRT stop #2621. • The transit shelter easement must be identified on the development plans. Document Number: 4722148 Version: 1 Page 6 of 9 Page 99 of 164 A draft R -Plan prepared by an Ontario Land Surveyor must be provided for the review by Regional staff prior to depositing the plan to the Land Registry Office. The conveyance of the transit shelter easement will be all at the Owner's cost and will require a legal presentation on behalf of the Owner, who will work with the Region's legal representative to convey the transit easement. Site Servicing/Work Permit/Municipal Consent: The approval of the servicing plan requires a separate process of Municipal Consent for the installation of any proposed new servicing connections or the removal of existing servicing connections. In addition, a Work Permit shall be obtained from the Region of Waterloo prior to commencing construction within the Region's right-of-way. Please see the following link for additional information: https://rmow. Perm itcentral.ca/ Hydrogeology and Water Programs/Source Water Protection Regional staff have reviewed the Functional Servicing and Stormwater Management Report (MTE, May 2024) and have no objections to the report from the perspective of source water protection. Please note that active and passive dewatering infrastructure shall not be permitted; waterproof seals shall be used in lieu of permanent dewatering infrastructure. As a hydrogeology study has not been submitted as part of the complete application for the OPA/ZBA, a prohibition on geothermal wells shall be implemented within the amending zoning by-law for the site, including vertical open- and closed-loop geothermal energy systems. The required wording for the prohibition is: Geothermal Wells are prohibited on-site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Finally, the Region supports clean rooftop runoff directed to the infiltration gallery and for chloride laden runoff from parking lots/internal drives to be directed to the storm sewer, and shall require a salt management plan to be prepared to the satisfaction of the Regional Municipality of Waterloo as part of a future site plan application. Regional staff encourage the Owner/Developer to incorporate the following design considerations with respect to salt management into the design of the site and within the salt management plan: • Ensuring that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the Document Number: 4722148 Version: 1 Page 7 of 9 Page 100 of 164 parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces. • Locating snow storage areas in close proximity to catchbasins. • Using winter maintenance contractors that are Smart About SaItTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaItTM program for this property. Completion of the SMP is one part of the program. To learn more about the program and to find accredited contractors please refer to http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Housing Services Regional staff understand that the applicant has not proposed affordable housing through this development. The Region encourages applicants to include affordable housing in the development of multi -residential buildings, but has no objection to the application. Fees Please be advised that the Region is in receipt of the OPA review fee of $7,000 and the ZBA review fee of $3,000 ($10,000 in total) deposited July 15, 2024. In addition, the peer review fee (totalling $5,085) was received and deposited on July 15, 2024. Conclusions & Next Steps Regional staff have no objection to the proposed application, provided the following are addressed: The amending zoning by-law for the site specifies a maximum height of 420 metres (1,378 feet) ASL for any buildings and related construction cranes to ensure compatibility with airport operations. The owner/applicant's engineering consultant revises the FSR/SWM report and associated drawings (C1.1. and C2.1) in accordance with commentary provided directly to the engineering consultant by the Region (under separate cover). Note also the requirements for a holding provision for the requirement to complete a detailed noise study and the site-specific geothermal prohibition described herein. Regional staff also request a copy of the preliminary noise study prepared in support of this application reflecting minor revisions requested by the peer reviewer. Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Document Number: 4722148 Version: 1 Page 8 of 9 Page 101 of 164 Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, Will Towns, RPP Senior Planner C. MHBC Planning Inc. c/o Andrea Sinclair (Applicant) Charcoal Properties Ltd. c/o Tom Wideman (Owner) Document Number: 4722148 Version: 1 Page 9 of 9 Page 102 of 164 Hi Eric, Engineering and SSU have reviewed the FSR and are in support of the zone change with a peak sanitary flow of 7.94L/s. MTE assumed the existing sanitary is coming off Morgan Ave, but my records show it off King. This discrepancy does not affect the OPA/ZBA. Kitchener Utilities has reviewed the water distribution and have no concerns. Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering 519-741-2200 Ext. 7820 Page 103 of 164 Environmental planning has no concerns with the proposed OPA and ZBA. I can advise: • There are no natural heritage features or functions of local, Regional, Provincial, or national significance on, or adjacent to the subject property. • The Arborist Report and Detailed Vegetation Plan dated May 6, 2024, prepared by JK Consulting Arborists submitted as part of a complete application notes that 11 trees have been identified to be removed, 10 are on the property and 1 is a boundary tree with the City. Trees located on adjacent property are to be retained and protected with tree protection fencing. • As part of a complete Site Plan Application, a Tree Preservation / Enhancement Plan (TP/EP) building upon and/or incorporating recommendations from the Arborist Report and Detailed Vegetation Plan should be completed for review/approval by Urban Design staff. Regards, Carrie Musselman (she/her), BSc., Dip., MCIP, RPP Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselman@kitchener.ca Page 104 of 164 Hello Christine and Eric, The Ministry of Transportation (MTO) has completed a review of the attached application, located at 2980 King St E, Kitchener. The document circulated has been considered in accordance with the Public Transportation and Highway Improvement Act (PTHIA), MTO's Highway Corridor Access Management Manual, and all other related MTO policies. The site is in proximity to Highway 8 and the site falls within MTO's permit control area. As such, MTO issued Building and Land Use permits are required before any demolition, grading, construction or alteration on the site commences.An accordance with the Ontario Building Code, municipal permits may not be issued until such time as all other applicable requirements (i.e.- MTO permits/approvals) are satisfied. Building and Land Use Permit MTO Building and Land Use Permit(s) will be required. As a condition of MTO permits, the following shall be provided; • The Proponent shall submit an acceptable Site Plan to MTO review and acceptance. These plans shall clearly identify all structures/works (existing and proposed). Sign Permit MTO Sign Permit(s) would be required for any exiting or proposed signage visible from the Highway property limit. A MTO sign permit will be required prior to installation of signs. This is inclusive of any temporary signage. If there are any questions please let me know. Thank you, Jeremiah Johnston Corridor Management Planner I Highway Operations Branch Ministry of Transportation I Ontario Public Service (226)-980-6407 1 jeremiah.johnstonpontario.ca Ontario 0 Taking pride in strengthening Ontario, its pla ces and its people Page 105 of 164 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 2980 King St E Owner: Charcoal Properties Limited Application: ZBA24/014/K/ES and OPA24/008/K/ES Comments Of: Park Planning Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: July 17 2024 Documents Reviewed: I have reviewed the documentation noted below submitted in support of an Official Plan Amendment and Zoning Bylaw Amendment to allow the development of the subject lands with a 32 -storey mixed use building with a 12 -storey stepdown portion and a 6 -storey podium containing 436 dwelling units and approximately 690 mz of ground floor commercial space. A Floor Space Ratio (FSR) of 11 is proposed. 339 parking spaces are proposed underground and within the podium levels. In orderto permitthe proposed development, an Official Plan Amendment to the 'Mixed Use' designation to add a site-specific policy area and Zoning By-law Amendment to add a site-specific to the existing 'MIX - 2' zone are required. • Planning Justification Report • Urban Design Brief • Noise Study • Shadow Study • Wind Study • Site Plan • Floor Plans • Site Statistics • Tree Preservation and Enhancement Plan and Arborist Report • Building Elevations • Architectural Renderings • Site Grading and Servicing Site Specific Comments & Issues: The site is within the Centerville Chicopee Planning Community that has been identified through Places and Spaces - An Open Space Strategy for Kitchener, as moderately well served with active neighbourhood park space. The site is within 750m of active park space, which is typically further than is desirable. Although it is typically recommended that physical land dedication be pursued through Planning applications to address the shortfall or lack of access to planned park space within the community, the amount, configuration and location of potential park space available through this application is not A City for Everyone Working Together — Growing Thoughtfully — Building Community P 46 of 164 City of Kitchener Zone Change / Official Plan Amendment Comment Form suitable. It is expected that Park Dedication will be satisfied as a condition of the required site plan approval through cash in lieu of land. Park Planning has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide conditional support subject to the updates to submitted studies noted below. Comments on Submitted Documents The existing parking structure is built across the property line with 2960 King St E and it is unclear from the drawings how the existing structure will be demolished, revised and function across the joint property line. A revised site plan for 2960 King St E may also be required and if there is shared parking or off-site parking, minor variances and / or additional agreements may be necessary. If there are existing easements for the parking structure, these should be revised/removed from title as part of a Site Plan application. Planning Justification Report — MHBC Planning dated May 2024 Both the Planning Justification Report and the Urban Design Brief indicate that detailed design and programming for the proposed outdoor amenity spaces will occur as part of the detailed design phase of the site plan approval application. Additional information and detail are required within the Urban Design Brief to provide conceptual details for on-site amenity spaces including commentary and precedent images to guide detailed site design through the site plan application. Section 4.4.5 (final sentence) Parks, Open Space, Urban Forests and Community Facilities should be revised to include similar commentary to the Urban Design Brief regarding the intended design elements of the proposed outdoor amenity spaces. Urban Design Brief - — MHBC Planning dated May 2024 The Urban Design Brief should be revised to include conceptual details for on-site amenity spaces that are shown on the ground floor and on the 6th floor podium rooftop. These revisions should include sufficient commentary and precedent images to guide detailed site design through the site plan application phase. Through detailed design at the site plan application stage suitable microclimate (wind impacts and solar access) and any required mitigation will be confirmed at the outdoor amenity areas and require a wind tunnel study. The outdoor amenity spaces on the 6th floor level should include seating and play equipment for residents of all ages and abilities. Pedestrian Wind Comfort Assessment - RWDI Inc. dated April 312024 The Pedestrian Wind Comfort Assessment indicates that the CFD analysis provided is a numerical technique for simulating wind flow in complex environments and a more detailed assessment would be required using either boundary -layer wind tunnel or transient computational modelling to assess and refine required mitigation measures; this will be a requirement of approval at the site plan application. A City for Everyone Working Together — Growing Thoughtfully — Building Community 0aagge fO of 164 City of Kitchener Zone Change / Official Plan Amendment Comment Form The Pedestrian Wind Comfort Assessment indicates wind speeds that are potentially unsafe for pedestrian use at the corner of Fairway Road and King St E. Several design strategies are suggested to improve these unacceptable conditions and it is expected that the detailed wind tunnel assessment will include building design changes to achieve acceptable wind comfort and safety conditions both on site and on the public sidewalk. Physical changes to the building design are preferred over landscape plantings. The Pedestrian Wind Comfort Assessment indicates that expected wind conditions on the 6" floor outdoor amenity space may be too strong for passive use in summer and uncomfortable for use in winter. Mitigation features to reduce wind speed are recommended and these will be reviewed and confirmed through detailed design for the Landscape Plan at the site plan application stage. Arborist's Report and Detailed Vegetation Plan —JK Consulting Arborists dated May 6 2024 The Arborist's Report and accompanying Detailed Vegetation Plan note that there is one tree #55 Gleditsia triacanthos var'inermis' (33cm DBH) that is within the municipal right of way. This tree is in 'good' overall condition and is recommended for protection and retention. As part of a required site plan application an ISA valuation of this tree should be submitted. This valuation will be reviewed by City staff and inform the final recommendations for tree protection and/or compensation at the site plan application stage. The Arborist's Report and accompanying Detailed Vegetation Plan note that there is one tree #57 Acer platanoides (39cm DBH) that is located on the property line and in joint ownership. This tree is in 'poor' overall condition, and subject to permission, it is recommended for removal. As part of a required site plan application an ISA valuation of this tree should be submitted. This valuation will be reviewed by City staff and inform the final recommendations for tree protection and/or compensation at the site plan application stage. Site Grading and Servicing Plan C2.1 rev #1— MTE Consultants dated March 05 2024 The Preliminary Grading and Servicing plan shows the existing 1200mm storm sewer along the northern property line and notes that precise location will be determined through detailed design. Development Engineering may wish to comment on the adequacy of the proposed setback and the existence and / or need for easements for this infrastructure. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community 0aagge fM of 164 City of Kitchener Zone Change / Official Plan Amendment Comment Form Anticipated Fees: Compensation for any approved tree removals Parkland Dedication The parkland dedication requirement will be deferred at the Official Plan Amendment and Zoning By-law Amendment applications and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es), residential units and density approved through the OPA and ZBA and required as a condition of Site Plan Approval. An estimate is provided using the approved land valuation of $43,243,000/ha and a dedication rate of 1ha/600 units or 1000 units; a maximum dedication of either land or CIL of 10% and a capped rate of $11,862/unit. The estimated cash -in -lieu park dedication for the proposed 0.5491ha ha site with 436 proposed units and a FSR of 10.5 is $2,374,473. Calculation: 436 units/1 ha/1000 units x $43,243,000/ha= $18,853,948 (alternate rate Bylaw 2022-101) 436 units x $11,862 = $5,171,832 (City of Kitchener capped rate) 0.5491 ha x 0.05 x $43,243,000/ha = $1,187,237 (5% rate Bylaw 2022-101) 0.5491 ha x 0.1 x $43,243,000/ha = $2,374,473 (More Homes Built Faster Act 10% cap) Dedication requirements are subject to the Planning Act, Parkland Dedication Bylaw, Park Dedication Policy and rates in effect. The Bylaw is under appeal. A City for Everyone Working Together — Growing Thoughtfully — Building Community WfM of 164 City of Kitchener Zone Change Comment Form Address: 2980 King St E Owner: Enter project addre Application #: OPA/ZBA Comments Of: Urban Design- Planning Commenter's Name: Pegah Fahimian Email: Pegah.fahimian@kitchener.ca Phone: 519-741-2200 Ext. 7342 Date of Comments: July 20, 2024 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: • Architectural Floor plans by Reinders + Law • Shadow Study by Reinders + Law • Urban Design Brief- MHBC, May 2024 • Wind Study - Pedestrian Level Wind — Preliminary Impact Assessment by RWDI, April 30, 2024 I have reviewed the updated/revised documentation noted below that has been submitted in support of an OPA and ZBA to redevelop the existing restaurant site to a mixed use development consisting of a 35 - storey tower with 330 units. Commercial units are proposed on the ground floor. One level of underground parking garage is proposed, with additional parking within the podium and a small surface parking area. The site is zoned MIX -2 and designated Mixed Use in the Official Plan. The requested ZBA and OPA would be for increased building height (12 Storeys Max, 35 Sought) and FSR (4.0 Max, 5.8 Sought). While the concept of residential intensification on this site is positive, and many previous staff comments have been incorporated into the proposal, some design modifications must be addressed to create a development proposal that is well-designed and appropriate for this site and neighbourhood. • Urban Design Brief, MHBC, May 2024 Tall Building Design Analysis: The tall building design guidelines are an excellent compatibility test for proposals exceeding their zoning permissions. The proposed 12 -story building does not meet the required physical separation (11m). This shortfall could lead to overlook and privacy issues for both buildings' occupants. Ensuring adequate separation is crucial to maintaining privacy and preserving residents' overall quality of life. I recommend thoroughly reassessing the building's design to address these concerns and align with the established guidelines. Building Design: A 6 -storey pedestrian -scale podium along King and Fairview Rd is distinguished by tall towers, step -backs, and intended architectural treatment. The proposed relative height accommodates human -scaled built form along streetscapes while accommodating compatibility matters. Contemporary architectural style and details are to be refined through the site plan process. A City for Everyone Working Together — Growing Thoughtfully — Building Community P fi 6 of 164 City of Kitchener Zone Change Comment Form On-site Amenity area: • Required amenity space calculations are contained in the Urban Design Manual and include two parts — one for a general amenity area and one for children's play facilities in multiple residential developments. (2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space. Please provide the calculation for the required outdoor amenity. • The UDB did not provide any commentary or precedent images related to "the provision of robust on-site amenity space for all ages and abilities." Additional information should be provided regarding the various on-site amenity spaces in the UDB (common, individual, indoor, and outdoor). • The Urban Design Brief should include text and conceptual images that demonstrate the commitment to providing sufficient and appropriate amenity space for all potential residents on-site Written Analysis for Shadow Studies, Confirmation must be provided that the proposal maintains daily access to 5 hours of cumulative direct sunlight to nearby sidewalks and open spaces under equinox conditions, beginning with a sidewalk located on the opposite side of adjacent ROWS. The latest sketch -up model should be submitted to verify the submitted shadow analysis. Wind Study - Pedestrian Level Wind — Preliminary Impact RWDI A full wind tunnel study will be required for the full site plan application package. According to the submitted study, uncomfortable and potentially unsafe wind speeds are expected to occur in the southeast building corner during the winter. A revised design proposal that addresses the wind impacts outlined in the submitted wind study should be developed. 2. Comments on Submitted Documents Architectural Floor plans- Reinders + Law • For tall buildings with retail or other active uses at grade, provide a ground floor height of 4.5m (minimum) to permit various retail types and activities. • Consider adding further architectural expression to the proposed street -facing fagades; explore options to maximize utility, interest, and expressiveness of the ground floor of a residential building. This can include more glazing, an articulated main entrance, active uses and amenities, a greater variety of surface treatments and seating options, and strategic ways of incorporating modern art and visual elements into the public realm. A City for Everyone Working Together — Growing Thoughtfully — Building Community pa:t2y e2fi I of 164 City of Kitchener Zone Change Comment Form • More emphasis will be placed on analyzing how the street -facing facades function, how they respond to specific site conditions and how pedestrians will experience them. The podium massing should be better sculpted and treated to minimize the impact that it's having on the public realm. It suggested that it could be designed with more care to animate and diversify the facades and overall expression. Please see the attached precedents. T1rT r7 Tr" • The tower should step back from its base a minimum of 3m along any street -facing elevations. • Additional detailing to be provided on the corner. The proposed corner should incorporate enhanced detailing and articulation. • Place enclosed or recessed balconies on the north and west elevations to reduce overlooks onto surrounding private spaces. • The underground parking structure should have a sufficient setback from the property lines to accommodate the necessary soil volume to support required large-statured, high -canopy trees. A City for Everyone Working Together — Growing Thoughtfully — Building Community P 01 of 164 City of Kitchener Zone Change Comment Form • The location of residential and commercial garbage storage, loading area and Passenger pick up /drop-off area should be noted on the site plan. • The area between the building's face and the property line should be well integrated with the street and public realm to deliver high-quality, seamless private, semi -private and public spaces. • Provide natural surveillance by employing high percentages of glazing, active uses at ground level and incorporating more units with windows and balconies on the main facade with views onto the street • The building's interface and relationship with the street and adjacent properties should be thoroughly explored. • 3 -bed units are desirable as they provide more living space for families. A higher percentage of these units might help with community engagement. • Utility locations should be considered at the early design stages. All utility locations, including the meter and transformer rooms, will be shown on the layout. Building -mounted or ground-based AC units should be located away from public view and thoroughly screened. • All visible elements of a building, including utilities (meters, conduits), HVAC (a/c units, vents) and loading/servicing areas, are to be integrated into the design of the building and shown on elevation drawings as part of the building elevation approval process. • Wind assessment and shadow study are required for outdoor amenities and the pedestrian realm. A City for Everyone Working Together — Growing Thoughtfully — Building Community �u 'M of 164 June 10, 2024 The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer shall include the following wording in the site plan agreement / condominium declaration to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Tha nk you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L4C6 519-578-3660 ext. 2355 Page 114 of 164 Eric Schneider Senior Planner July 17, 2024 Re: Notice of Application for Zoning By-law nad Official Plan Amendments File No.: ZBA24/014/K/ES Municipality: Kitchener Location: 2980 King Street East Owner/Applicant: Charcoal Properties Ltd/MHBC Eric, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes the development of a 32 -storey mixed use building with a 12 -storey step down and a 6 -storey podium containing 436 dwelling units. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are currently assigned to the following WRDSB schools: • Howard Roberston Public School (Junior Kindergarten to Grade 6); • Sunnyside Public School (Grade 7 to Grade 8); and • Eastwood Collegiate Institute (Grade 9 to Grade 12). Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. WRDSB staff are interested in the optimization of pedestrian access to public transit and municipal sidewalks so students may access school bus pick-up points. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal rights-of-way. WRDSB Draft Conditions Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the conditions of Draft Approval: 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." a. "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email olanning(o).wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information." a. `In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on Page 115 of 164 privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point" 2. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on the title to the Property that provides: a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planning(a)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. " ,,In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (S TS WR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point" 3. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which include the above statements (conditions 2 a. i., ii., and iii.). 4. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's expense and according to the WRDSB's specifications), near or affixed to the development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB. 5. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's Education Development Charges By-law, 2021 or any successor thereof and may require the payment of Education Development Charges for these developments prior to issuance of a building permit. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Sincerely, Page 116 of 164 �P,��pW D gFvo a d Q �rscwop4 Senior Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: emily bumbaco(a)wrdsb.ca Website: www.wrdsb.ca Page 117 of 164 Eric Schneider From: Sent: To: Subject: You don't often get email from Hi Eric, S Parks - ' > Friday, .,w i, 2U24 6:32 AM Eric Schneider 2980 King St E development appication Learn why this is important Hope everything is going well with you. I'm still loving retirement? Quick question: re 2980 King St E development application, on the site of Charcoal Steakhouse. Is the restaurant going back into the ground floor of the new building? Thanks, Sandy Sandra Parks Page 118 of 164 Eric Schneider From: John McVicar Sent: Sunday, June 9, 2024 9:33 AM To: Eric Schneider Subject: Possible high rise at King/Fairway (Charcoal) You don't often get email from 3rn why this is important Mr. Schneider, Whatever is built at that location will be too late for my wife and me. Depending on when our house sells, we will already be well ensconced in a high rise near the farmers market, perhaps The Regency, maybe Drewlo's new complex at King/Madison/Cameron. As recently as 5 years ago, I would have been part of the gang that criticizes that type of new construction, but not now. We left KW 15 years ago this month to get away from the big city. (We were both raised in the 50s/60s within spitting distance of WLU, but spent most of our married lives up until 2009 in Kitchener.) Our plan was to stay in our little bungalow in Listowel until it was time to push up daisies. But plans often change due to health reasons. We don't have any health problems that will kill us, just mobility issues that force us to be where our children and their families are. We still want desperately to be on our own, but we will need their help. One option that I've come to like very much in the past year is to live without our own wheels after we move. I've researched Communauto and other forms of transportation like the orange scooters that seem to be everywhere now, so living near the top floor of a beautiful high rise is now sounding very appealing. The tallest one at Duke and Frederick is in a good location, but the square footage for most of the units is way too small for us. We went to London last weekend to see an open house for one of Drewlo's new creations and the one bedroom with the cheater second (in other words, a den) is perfect. Hey, if you need me on a municipal committee so I can cheer on new high rise construction, I'd be glad to do it. LOL Cheers, John McVicar Page 119 of 164 Eric Schneider From: Ann Welch Sent: Tuesday, June 11, 2024 9:13 AM To: Eric Schneider Subject: Application Number: ZBA24/014/K/ES, Cross-reference OPA24/008/K/ES You don't often get email from earn why this is important Good Morning Mr. Schneider Your website currently states "Supporting documents have not been uploaded by staff for this file. Contact the Planning Department if you require a copy of any document" Address: 2980 KING ST E Application Number: ZBA24/014/K/ES Application Type: Zoning By -Law Amendment Application Summary: Cross-reference OPA24/008/K/ES. I would like a copy of all the documents that have been submitted to the planning department for both OPA24/008/K/ES and ZBA24/014/K/ES Sincerely Ann Welch Page 120 of 164 Eric Schneider From: Gary Bender Sent: Wednesday, August 7, 2024 11:10 AM To: ericschneider@kitchener.ca Subject: 2980 King St East Highrise Building You don't often get email fron earn why this is important was going to attend the zoom meeting tonight concerning the 32 storey building at the corner of King and Fairway Sts. but now have to be doing something else. am generally not opposed to the new building, but do have a big concern regarding the parking. With 436 Dwelling units plus commercial space and only 339 vehicle parking spaces, I can see a major future problem. That means that about a quarter of the units will have no parking available. This building is not on the LRT route. I can imagine that there will be many vehicles parking on Morgan Avenue, the nearest street with parking allowed. There is a proposed 12 storey building a block away at King and Morgan, that is proposing more parking spaces than there are units. This makes much more sense to me. Thanks for your time, Gary Bender Page 121 of 164 Eric Schneider From: Sent: To: Subject: You don't often get email fron Hi Eric, Nadine Friday, August 9, 2024 9:26 PM Eric Schneider Comments on Development App at 2980 King St Eas !arn why this is important Sorry for the late email. I just saw the call for comments on this development application via the WR Food Facebook group (very random but that's where this was posted). As a local resident in the Centreville Chicopee area, I want to express my concern about the proposed 32 -story building. This height would be much greater than recent developments and could cast significant shadows on the existing one, two, and three-story homes nearby. I would prefer a maximum of 15-20 stories to avoid overwhelming the area and impacting residents like myself. Otherwise, the plan looks good! Thanks, Nadine Thibeh Page 122 of 164 - ° ) - I }}�}\ \©a ;)}i 2 ^ ��\\[ƒ}�'�<: ��\\[ƒ}�'�<: =.■ee+,«|E2