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HomeMy WebLinkAboutPSI Agenda - 2021-02-08 Planning & Strategic Initiatives Committee Agenda Monday, February 8, 2021 7:00 8:00 p.m. Office of the City Clerk Electronic Meeting Kitchener City Hall nd 200 King St. W. - 2 Floor Kitchener ON N2G 4G7 Page 1 Chair - Councillor P. Singh Vice-Chair - Councillor S. Marsh Due to COVID-19 and Stay-at-Home order, which is in effect for all of Ontario, City Hall is not open except for very limited services by appointment only. Members of public are invited to participate in this meeting electronically by accessing the meeting live-stream video at kitchener.ca/watchnow. While in-person delegation requests are not feasible at this time, members of the public are invited to submit written comments or participate electronically in the meeting by contacting delegation@kitchener.ca. Delegates must register by 5:00 p.m. on February 8, 2021, in order to participate electronically. Written comments will be circulated prior to the meeting and will form part of the public record. Delegations Pursuant to s Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. None at time of publishing. Public Hearing Matters under the Planning Act (7:00 p.m. advertised start time) This is a formal public meeting to consider applications under the Planning Act. If a person or public body that would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at the public meeting or make written submissions to the City of Kitchener before the by-law is passed, the person or public body is not entitled to appeal the decision. Discussion Items 1. DSD-21-005 - Official Plan Amendment OPA19/003/M/KA (60 min) - Zoning By-law Amendment Application ZBA19/009/M/KA - 19-41 Mill Street - Polocorp (Staff will provide a 5-minute presentation on this matter) Sarah Goldrup Committee Administrator ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** REPORT TO:Planning and Strategic Initiatives Committee DATE OF MEETING:February 8, 202 SUBMITTED BY:Bustamante, Rosa -Director of Planning,519-741-2200ext. 7319 PREPARED BY:Bateman,BrianSenior Planner, 519-741-2200ext.7869 Anderl, Katie Senior Planner, 519-741-2200 ext. 7987 WARD(S) INVOLVED:Ward 9 DATE OF REPORT:January 11, 2021 REPORT NO.:DSD-21-005 SUBJECT:Official Plan Amendment OPA/19/003/M/KA Zoning By-law Amendment ZBA/19/009/M/KA 19-41 Mill Street Polocorp Inc. RECOMMENDATION: That Official Plan Amendment Application OPA/19/003/M/KA for Polocorp Inc. requesting a change to the Land Use Designation be adoptedin the form shown in the Official Plan Amendment attached to Report DSD-21-005asAttachment ,and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA19/009/M/KA for Polocorp Inc. be approvedin the f- -21-005asAttachmentB; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA 19/009/M/KA; and further, That the Urban Design Guidelines for 19 41 Mill Street, revised dated November 2020and attached to Report DSD-21-005as AttachmentCbe adopted, and that along with the Heritage Impact Assessmentrevised dated September 9, 2020and associated addendums thereto,be used as principle guiding documents for site plan approval. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation for the proposed Official Plan Amendment and Zoning By-law Amendment applications for properties located at 19-41 Mill Street. Community engagement included: o circulationofapreliminary noticeletterto ownersof propertywithin 120m of thesubject site, o installation of notice signageon the property, o Neighbourhood InformationMeeting(December 4, 2019) o Working Group consisting of 5 neighbourhood representatives together with the applicant, Ward Councillor and City planning staff (January March 2020), o preparation of Design Principles as a result of Working Group sessions o noticeletter advising of the public meeting wascirculated to all property owners within 120 metres of the subject site, those who respondedto the preliminary circulation andthosewho attended the Neighbourhood Information Meeting, o notice of the public meeting wasgiven in The Record on January15, 2021. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the properties addressed as 19 41 Mill Street is proposing to change the Official Plan designation from Low Rise Commercial Residential to High Rise Commercial Residential with a Special Policy Area and the zoning from Commercial Residential One Zone to Residential Eight Zone with Special Regulations. Staff recommend that the applications be approved. BACKGROUND: Polocorp Inc. has made application to the City of Kitchener for an Official Plan Amendment and Zoning By-law Amendment proposing to change the designation and zoning of the lands at 19 -41 Mill Street to permit the lands to be developed with amultiple residential building with heights ranging from 3 to 12 storeys.The landsare inthe Mill Courtland Woodside Park Secondary Plan and are currently designated Low Density Commercial Residential and zoned Commercial Residential One Zone (CR-1). The subject siteis106 metres wide, approximately 80 metres deep withan overall area of 0.72 hectares(1.8 acres). The subject sitecontains 6 dwellings, some of which are houses which have been converted to small multiple dwellings.These properties form part of a triangular shaped parcel of land that stretches from Queen Street to the CN rail tracks along Mill Street.The subject area backs onto the Iron Horse Trail, with the CN Railway beyond, and is generally across from Wagner Green, which is a linear park containing Schneider Creek and walking paths. Many of the adjacent houses on the east side of Queen Street South have been converted to commercial uses and lands on the west side of Queen Street Southandon either side of the Iron Horse Trail crossing,have beendeveloped or are planned to be developed with high rise (11 15 storey) multiple dwellings. The subject lands are located adjacent to the Victoria Park Heritage Conservation District and properties within the district are designated under Part V of the Ontario Heritage Act.45 Mill Street which is 1 - 2 located immediately east of the subject site is designated under Part IVof the Ontario Heritage Act. Figure 1 -Location Map: 19 41 Mill Street REPORT: Polocorp Inc. is proposing to develop the subject landsidentified in Figure 1with a multiple dwelling having a maximum height of 12 storeysand 176 dwelling units, with a parking structure wrapped by dwelling units. The applicant is proposing to provide five affordable units in a developer-led initiative tocontribute to the affordable housing stock and assist with those residents to be displaced. The application was received and circulated for comment in the fall of 2019. The concept circulated in 2019 was for an 8 & 10 storey slab style building, with 3storey stacked townhouse style units fronting Mill Street. Through the review process, the applicant has amended the building designto respond to comments of staff and the public with respect to achieving a building withgreater setbacks, additional step-backs and terracing. This has resulted in changes to the building massing which helps to create better orientation of the tower, and better building articulation: minimizing shadow, wind and visual impacts from surrounding residential properties. To improve compatibilityand articulation,the overall height has increased to 12 storeys atthe northwest corner of the site nearesttoQueen St S.and the Iron Horse Trailwhile a height reduction to 7 storeys on the southeast portion of the site. These measures, alongwith improvedsetbacks and step-backs,have beenincorporated along other elevations. The building continues to maintain a low-riseheightalong Mill Street, with stacked townhouse style units withporches and pedestrian sidewalk connections. Figure 2 (below) is excerpted from theUrban DesignGuidelinesand demonstrates how the building massing has changed since the applicationwas submitted. 1 - 3 Figure 2Massing Revisions Polocorp has worked with staff and has incorporatedinput from the community as the development concept has evolved. Following the Neighbourhood Information Meeting in early December 2019, a working groupwas formedconsisting of five members of the public, Polocorp, Planning staff and the Ward Councillortotry andwork through concerns expressed by residents and refine the development concept. The working group met on threeoccasions starting in early 2020. This led to the preparation of a set of Design Principles. These principles willinform andhelp torefinethe built formand architectural characteristics and building materials. These are articulated in a detailed set of Urban Design Guidelines whichisfound in Attachment C. While the working group sessions fostered some good discussions and further refinements, consensuswas not achieved, however. There are members of the working group whoquestion the compatibility of the proposaland this has been consistent throughout thesessions.that furtherdialogue will unlikely change that outcome. Staffissupportive of the proposed development concept and Design Guidelines and recommend that they be adopted by Council and used as principle guiding documents throughout the site plan review process. The main Design Principles are depicted and described in detail in Appendix B of theUrban Design Guidelines in attachment Cof this report. 1 - 4 Planning Analysis: Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land-use planning and development. The PPS sets out policies to consider in order to sustain healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well asaccommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses,while supportingtheenvironment, public health andsafety. 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 acompact form of development which efficientlyuses the lands, is in close proximity to transit options including bus and rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses.Provincial policiesarein support of providing a broad range of housing including affordable housing.The proposedmultiple dwelling represents an attainable form of market-based housing.In addition, the applicant has indicated that they are committedtoproviding 5 affordable rental units in an effort to contribute to the affordable housing stock within the communityandfacilitate the transition for existing tenants. With respect to provincial policies regarding public health and safety, the Grand River Conservation Authority (GRCA)has confirmed that the subject lands are located outside of lands are an appropriate distance from the nearby CN railway, and noise mitigating building materials and provision for air-conditioning are incorporated into the special regulation provision to ensureappropriateindoor noise levels will be achieved. Planning staff is of the opinion that the applications are consistent with the PPSfor health and safety matters. The Provincial Policy Statement requires that significant built heritage resources be conserved and that development shall not be permitted on lands adjacent to heritage property except where the proposed development has been evaluated and demonstrates that the heritage attributes of the protected heritage property willnot be impacted.A Heritage Impact Assessment was prepared for the subject proposal.The report demonstrates that the development proposal will not negatively affect adjacent properties havingheritage attributes. Heritage staff concur with the.Further details are discussed in the Cultural Heritage section of this report. Based on the forgoing, staff isof the opinion that this proposal is in conformity with the PPS. 1 - 5 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (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 including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. The Growth Plan supports planning for a range and mix of housing andincludinghigherdensity housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Transit Station Area. The proposed development represents intensification and will help the City achieve density targets. 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. The multiple dwelling is also proposed to include a range of 1 and 2 bedroom apartment units, and 2-bedroom townhouse style units with direct access to Mill Streetandthe Iron Horse Trail, increasing the variety of housing options for future residents. In addition, the owner is committed toproviding 5affordable housing units. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): within the Urban Area. The subject lands are designated Built-Up Area in the ROP. This neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking-water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Regional staff have indicated that they have no objections to the proposed applications (AttachmentE Planning Staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan and proposed Official Plan Amendment: The subject lands are within the Mill Courtland Woodside Park Secondary Plan. In accordance with s. 16 of the Official Plan,the land use policies and land use designations in the Secondary Plans contained in Part 3, Section 13 of the 1994 City of Kitchener Official Plan, as amended, continue to apply until such time as the Secondary Plans are reviewed and adopted as part of the 2014 Official Plan. Other policies inthe Official Planhowever apply to the lands. Amendment to the Mill Courtland Secondary Plan The subject lands are currently designated Low Density Commercial Residential, which permits a range of multiple residential and commercial uses having a maximum Floor Space Ratio of 1.0. The applicant is proposing to change the land use designation to High Density Commercial Residential. The High Density Commercial Residential designation permits redevelopment of office, multiple residential, institutional and limited commercial uses on Arterial and Collector Roadsat higher intensities. Mill Street is classified as an Arterial Road in the Official Plan. Theproposedland use category permits a maximum floor space ratio 1 - 6 of 4.0 and does not specify a maximumheight. Staff recommend adding a Special Policy Area to limit the maximum height to 12 storeys and the maximum Floor Space Ratio to 3.5 to better align the policy with the development proposal. Major Transit Station Area The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Major Transit Station Area. The planned function of the Major Transit Station Areas is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian-friendly and transit-oriented. Policies also require that development applications in Major Transit Station Areas consider the Transit-Oriented Development policies contained in section 13.C.3.12of the Official Plan. Generally,the Transit-Oriented Development policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses near transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-qualitypublic realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by transit and rapid transitwhile being contextsensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Increasing the number of residents in the area supports the viability of commercial and other uses in the nearby Queen Street South mixed use corridor, and the proposed built form will contribute positively to the streetscape, creating a safe and comfortable pedestrian environment both on MillStreet and on the adjacent section of the Iron Horse Trail. Staff isof the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the policies for a Major Transit Station Areabut also contributes to the vision for a sustainable and more environmentally friendly city. Neighbourhood Planning Review In accordance with Official Plan Policy the City is in the process of preparing Station Area Plans for each Major Transit Station Area. Until such time as Station Area Plans are completed,any development application submitted within a Major Transit Station Area will Planning Around Rapid TransitStation Areas (PARTS) Project Plan and Background Report. Located within the Focus Area of the Queen Station, the designation and zoning of the subject site is under review as part of the City led Neighbourhood Planning Review process. Work on the Secondary Plan is informed by the PARTS Central Plan, which provides a recommended direction to guide the future policies and zoning of the Major Transit Station Areas. The subject lands are proposed to be included in the new Cedar Hill and Schneider 1 - 7 Creek Secondary Plan and preliminary work recommends an increase to the permitted height and density for the subject lands. Both the PARTS Plan and the preliminary information contained in the draft policies of the Secondary Plan recommend a Medium Rise Residential land use designation which would include a maximum height of 8 storeys, and a maximum Floor Space Ratio of 2.0. The intent of the proposed Secondary Plandesignationis topromote redevelopmentof the subject lands at higher intensities giventhecontextand deep lot fabric, and to transition height and densityfrom theQueen Street corridor to low rise residential areas located east of CN rail trackswhere it crossesMill Street.While theproposed landuse designation would permit development at a greater height and density than what is contemplated through the neighbourhood planning review, staff is of the opinion the intent of the new secondary plandesignationis being achieved. The subject development has been designed to focus height/massingtowardstheQueen Streetand Iron Horse Trail side while transitioning tolower building heights along Mill Street and towardspropertieslocated southeastofthis development proposal. In support of the proposed land use designation and zoning the owner has submitted various site-specificstudies which consider the site in detail, and has prepared site specific urban design guidelines to provide site specific design responses to ensure compatibility and appropriate design interventions. It is important to note that while this proposal represents changefrom what exists on the ground today, the as-of-rightCR-1zoning for the property would allow for a range of commercial and/orresidential useswithbuilding heights 6 plus storeys. Urban Design Policies: es are outlined SectionIn the opinion of staff, the proposed development satisfies these policiesincluding:Streetscape; Skyline; Safety; Universal Design; Public Art; Site Design; and Building Design, Massing and Scale Design.To address these policies, anUrban Design Guidelinesreport was submitted and has been reviewed by Citystaff and is recommended to be adopted by Council. The formulation ofUrban Design Guidelines outlinesthe vision and principlesguidingthe site design,articulates design and built form expectations,and informs the proposed zoning regulations. The Urban Design Guidelinesmay be found in AttachmentC StreetscapeA key design feature of the proposed development are stacked townhouse style units fronting onto Mill Street and the Iron Horse Trail. Ground floor units are proposed to incorporate patios on the trail side and porches along Mill Street. These units will have direct pedestrian connections to the sidewalk or trail which will help to animate both the street and trail. Ground floor units along Mill Street will be aligned at an angle to the street in order to maintain the established rhythm of houses in this area Skyline proposed building is articulatedwith varying heightsand will createvisual interestfrom several different vantage points. 1 - 8 Safety As withall developmentsthat go through site plan approval,staff will ensure Crime Prevention through Environmental Design(CPTED)principles are achievedandthat the site meets emergency services policies. Universal Design The development will be designed to comply with Ontario Building Code DisabilitiesAct. Public Art & Culture The applicant has indicated that they plan to incorporate interpretive and commemorative features into the lobby design and possibly into Wagner Green.Further consultation with the City will be required through the Site Plan Review process to refine details associated with the commemorationto acknowledge and pay homage to the area. Site Design, Building Design, Massing and Scale The subject site has been designed to carefully consider surrounding land uses and to address all interfaces. The drivewayaccess points to the building are centralized and located near Queen Street South. The service and loading area areproposed to be located on the west side of the property next to the parking lots of the buildings fronting on Queen Street. They are also proposed to be situatedat a lower elevation than surrounding properties to screen servicefunctions. Visual screening such as landscaping and fencing will be required where drives aisles are adjacent to low rise residential uses and public spaces. The proposed building has been designed to provide appropriate transitions in height from the street and existing low-rise houses. The building will incorporate step-backs in order to create a transition in height and break up the massing of the building.Acombination of high-qualitylandscaping and physical screening such as fencing will be used to provide an attractive interface between building and adjacent dwellings. The tower is located near the Iron Horse Trail and Queen Street South, and both the location and tower orientation minimize the effects of shadows and visual impact on nearby homes and public spaces. The building podium fronting Mill Street and the Iron Horse Trail consists of stacked townhouse style units, which will have a direct relationship with the street and the trail. The building lobby fronts onto Mill Street, near Queen Street South, and a maximum building height of 3 storeysisproposedadjacent to the property at 15 Mill Street. The proposed bylaw permitsthe first step-back behind the rear lot line of 15 Mill Street. Rooftop terraces will provide for private and shared outdoor amenity space for future residents and will help to soften and green the building facades. Tall Buildings Guidelines guidelines.The objective of this document is to: achieve a positive relationship between high-rise buildings and their existing and planned context; create a pedestrian and cyclist amenities and streetscapes; create human-scaled pedestrian-friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; 1 - 9 promote development that responds to the physical environment,microclimate and the natural environment including four season design and sustainability; and, promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development has been designed with these objectives in mind. Citystaff has confirmed that the proposed tower is generally consistent with and meetsthe overall intent of the guidelines. Transportation The Official Plan provides for 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 thatmake a wide range of transportation choices viable. The subject lands are located close to public transit routes, and within 800 metres (about a 10-minutewalk) of a rapid transit station. The building has excellent access to cycling networks, includingexisting on and off-street cycling facilities, including theIron Horse Trail.The recently approved Cycling and Trails Master Plan also recommends the future installation of bike lanes/neighbourhood bikeway on Mill Street. The location of the subject la system supports the proposal for transit-orienteddevelopment on the subject lands. Cultural Heritage The subject property contains six residential buildings and does not contain protected cultural heritage resources. The subject lands are adjacent to 541, 551 and 561 Queen Street South, which are properties designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area Heritage Conservation District.The subject lands are also adjacent to 45 Mill Street, which is an individuallydesignated property under Part IV of the Ontario Heritage Act. Part of thesubject lands municipally addressed as 19 and 25 Mill Street were previously on the Heritage Kitchener Inventory of Historic Buildings, however theywere formally evaluated as part of the Council approved 4-step listing process. The property located at 19 Mill Street was evaluated by a Sub-Committee made up of heritage planning staff and members of HeritageKitchener andwas not recommended for inclusion on the Municipal Heritage Register. The property at 25 Mill Street was evaluated, and in accordance with the Council Resolution was not included on the Municipal Heritage Register.As such, the properties municipally addressed as 19 and 25 Mill Street do not have status under the Ontario Heritage Act and do not require further evaluation. In accordance with cultural heritage policies of the Official Plan, a scoped Heritage Impact Assessment (HIA)wasprepared by CHC Limited, dated August14, 2019, revised October 10, 2019 and updated September 9, 2020. The development proposal assessed in October 2019 contemplated an 8to10 storey multiple residential dwelling, with a 3-storey podium. The findings and recommendations of the scoped HIA were presented and discussed at the December 3, 2019 meeting of Heritage Kitchener. The revised development proposal, as assessed through the September 9, 2020 HIA, contemplates a 7to 12 storey multiple residential dwelling, with a 3-storey podium. The revised development proposal shifts the building mass and configuration, introduces greater stepping to the building height, building setbacks, and reconfigures the parking garage. In addition, the building height has been reduced and the building separation increased 1 - 10 between the proposed development and 45 Mill Streetto the southeastto minimize impacts on the individually designated heritage property. The HIA evaluated the impact of the proposed development on the adjacent designated heritage properties and recommends the following mitigation strategies to avoid or reduce impacts: Utilizing step-backs from Mill Street to reduce the sense of height; Employing an angular plane of less than 60 degrees throughout the development; Integrating a sawtooth pattern to orient the townhouses in the same manner as the existing neighbouring homes; Selecting red or buff brick to be strategically used on the townhouse facades to th reinforce the streetscape character, as well as design cues from the adjacent 19 century homes; Blending building materials (i.e. red or buff brick and contrasting contemporary materials) to break up the building mass, creating a distinction between the building components; and, Undertaking a pre-construction survey of 45 Mill Street to evaluate potential impacts of construction as a condition of Site Plan. The HIA concludes that while the proposed development is greater in height than the existing dwellings presently on site, no negative impacts on the heritage attributes of the Victoria Park Area Heritage Conservation District or the individually designated property at 45 Mill Street are expected if the recommended mitigation measures are implemented. Heritage Planning staff agree with the findings of the HIA that the proposed development is expected to have no negative impact on theheritage attributes of theVictoria Park Area Heritage Conservation District and adjacent property addressed as 45 Mill Street subject to the mitigation achieved through building design and placement. Heritage Planning staff agree that the proposed special regulation provision will implement appropriate setbacks and step-backs, and that implementation of the recommended Urban Design Guidelines will effectivelyguide the future site plan approval process. Regional Cultural Heritage staff have reviewed the HIA and have no concerns with respect to proximity to the JosephSchneider Haus. Heritage Planning staffisof the opinion that the scoped HIAdated August 14, 2019, revised October 10, 2019 and updated September 9, 2020 has satisfied the subject scoped terms of reference. Further, Heritage Planning staff conclude that implementation of the recommendationsmade in the HIAwill address the conservation of built heritage resources, in compliance with Policy 2.6.1 of the Provincial Policy Statement (2020). Accordingly, the HIA Housing spect to housing is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases therangeof dwelling units available in the city. The development is contemplated to include a mix of one and two-bedroom units with and without dens. Two 1 - 11 storey ground floor units will be designed to have direct access to the sidewalk or Iron Horse Trail, and the range of units will appeal to a variety of households. The multiple dwelling represents an attainable form of market-based housing and the applicant has indicated that they will promote Regional ownership grant programs to prospective purchasers. Polocorp has committed to providing 5affordable housing units and will assist with those displaced as a result of the development. Conclusion The subject applications request that the land use designation as shown on Map 12 of the 1994 Official Plan (Mill Courtland Woodside Park Secondary Plan) be changed from Low Density Commercial Residential to High Density Commercial Residential and to add new Special Policy Area 13.4.4.16. Based on the above,staff isof the opinion that the proposed Official Plan Amendment represents good planningand recommend that the proposed Official Plan Amendment be approved in the form shown in Attachment Proposed Zoning By-law Amendment: The subject property is zonedLowDensity Commercial Residential Zone (CR-1), 1R. The existing CR-1 zone permits a range of residential and commercial uses including multiple dwellings and other dwelling types, offices, personal services, health offices and clinics and other uses. The applicant has requested an amendment to Zoning By-law 85-1 to change the zoning on the lands to Residential Eight Zone (R-8) with Site-specific and Regulation Provisions 1R, 768R and Property Detail Schedule 44Special Regulation 1R,which specifies that the lands are regulated by the GRCA,currently applies to portions of the lands and will continue to apply. The proposed R-8 zone permits multiple dwellings with a maximum height of 24.0 metres. This zoning category is in keeping with the RES-6 zone that is contemplated though the Neighbourhood Planning Review. The applicant is also seeking aform-basedapproach through site specific regulations with a maximum height of 12 storeys and a maximum floor space ratio of 3.5. The site-specificregulation has been prepared so that the increase in height is only permitted on specificparts of the lands and would only apply if the property is developed comprehensively. In other words, the zoninghas beentailored specifically to the developmentproposal under consideration. If the property is not developed comprehensively, the base R-8 zoning, which aligns with the RES-6 zone, would thenapply. 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 regulationswill 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. The recommended property detail schedule and special regulation 768R would implement site-specific zoning regulations to set parameters for site development in keeping with the Urban Design Guidelines such as maximum building heights, setbacks, step-backs and building massing 1 - 12 Staff offer the following comments with respect to the proposed Site-SpecificRegulation Provision: a)That parking be provided at a rate of 1.0 space per unit plus 0.1 visitor spaces per unit.Bicycle and electric vehicle parking areto be provided in accordance with By- law 2019-051. The purpose of this regulation is to provide for a parking rate which is appropriate for the development. Zoning By-law 85-1 requiresa parking rate of 1.25 spaces per unit (inclusive of visitor spaces). The proposed ratio results in a parking rate of 1.1 spaces per unit (inclusive of visitor spaces) and is consistent with the parking rates in the ZoningBy-law 2019-051. The subject landsare inan MTSA, have good access to public transitand rapid transit, pedestrian and cycling facilities. Planning and Transportation Services staff is of the opinion that the parking rate is appropriate for the subject lands. b)Off-street parking spaces, except for drop-off and loading spaces, shall be located within a building. The purpose of this regulation is to require that parking generally be provided in a parking structure, either above or below grade, and not be insurface parking lots. c)Drive aisles may be located up to 1.5 metres from a street line. Any aisle setback less than 3.0 metres from a street line shall be screened with a visual barrier having a minimum height of 0.75 metres. Thepurpose of this regulation is to allow a drive aisle to be located up to 1.5 metres from the property line where a visual barrier is installed. Typically, drive aisles are required to be setback 3 metres from the street to allow space for landscaping. Transportation services staff has identified that road widening will be required along Mill Street at the time of Site Plan approval (approx. 3.4 metres), however there are no physical works planned and the roadway and the city sidewalk isnot proposed to berelocatedin the near future. This will result in a wide boulevard which will provide a physical setback, and together with a low visual barrier will successfully provide separation between the drive aisle and the sidewalk. d)In addition to the Home Business uses permitted to be ina multiple dwelling: i)Indirect Sales shall also be permitted. For the purposes of this regulation of goods via mail order, telephone, fax, or internet, but shall not include direct ii) iii)Ahome occupation may attract a maximum of one customer or client at any one time. The purpose of this regulation is to align home business regulations for the proposed multiple dwelling with the new Zoning By-law 2019-051. This will provide consistency to future residents who may wish to work from home until such time as Zoning Bylaw 2019-051is applied to the lands. 1 - 13 e)A multiple dwelling shall have a central air conditioning system, and building components as identified in the Noise and Vibration Feasibility Study for 19-41 Mill Street, dated June 19, 2019, prepared by HGC Engineering. The purpose of this regulation is to ensure that required noise mitigation measures are incorporated into the multiple dwelling when it is constructed. The Region is satisfied with the Noise Assessment and these measures must be incorporated to ensure indoor sound level criteria are achieved. f)For a lot having a minimum lot width of 100 metres and a minimum lot area of 0.7 hectares: a)The maximum floor space ratio shall be 3.5; b)The maximum height for a multiple dwelling: i)within Area A, as shown in Property Detail Schedule No. 43 of By-law 85-1, shall be 14.0 metres and 4 storeys, ii)within Area B, as shown in Property Detail Schedule No. 43 of By-law 85-1 shall be 25.0 metres and 7 storeys, iii)within Area C, as shown in Property Detail Schedule No. 43 of By-law 85-1 shall be 36.0 metres and 10 storeys, and iv)within Area D, shown in Property Detail Schedule No. 43 of By-law 85-1 shall be 42.0 metres and 12 storeys. The purpose of this regulation is to permit the built form as described in the development concept and as articulated in the Urban Design Guidelines. This regulation correlates to the areas shown on Property Detail Schedule 43 (Map 2 in Attachmentrmits the maximum heights if the site is developed comprehensively. Should any portion of the site not be developed, the base R-8 zone, which aligns with the recommendations of the Neighbourhood Planning Review, would prevail. This regulation will ensurethat the applicant is only permitted to develop a building in accordance with the justification andUrbanDesign Guidelinesthat staff recommend be adopted as part of this process. The proposed increase to the floor space ratio(FSR)is also required to support the proposed built form, which includes above grade structured parking. Due to engineering constraints and proximity to the floodplain of Schneider Creek, a fully below grade parking structure is not feasible. As such, an above grade parking structure is proposed. The parking structure isproposed to bewrapped with dwelling units along Mill Street and the Iron Horse Trailand therefore screened from view although still contributing to FSR. The parking structure by itself represents an FSR of about 1.1. The amount of floor space occupied by the multiple dwelling unit represents anFSR of about 2.3, which is only slightly above the FSR recommended in the PARTS plan(2.0 FSR). City policies support the construction of structured parking in transit station areas in order to maximize intensification opportunities and minimize surface parking. Subject to the site-specificsetbacks, step-backs and implementation of the Urban Design Guidelines,staff is of the opinion that the proposed increase to the FSR is appropriate. 1 - 14 Staff is of the opinion that the proposed R-8 Zone together with Special Regulation Provisions 1R and 768R will provide for a form of development that is compatible with the neighbourhood, which will add visual interest and enhanced landscaping that will contribute to the streetscape, which will appropriately accommodate on-site parking needs, and which represents good planning. Staff recommend that the proposed Zoning By-law amendment be approved as shown in Attachment Department and Agency Comments: Preliminary circulation of the OPA and ZBA was undertaken on September 27, 2019 to applicable City departments and other review authorities. No concerns were identified by any commenting City department oragency. Copies of comments arefound in Attachment F 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: Mat Vaughn, August 2019 Urban Design Guidelines:19,25, 29, 33, 37 & 41 Mill Street Prepared by: Mat Vaughn, August 2019 (revised November2020) Pedestrian Wind Review Preparedby: RWDI Inc., June 18, 2019 Functional Servicing and Preliminary Stormwater Management Design Report for 19-41 Mill Street Prepared by: BluePlan Engineering, August 2019 Scoped Heritage Impact Assessment (19 41 Mill Street) Preparedby: CHC Limited, August 14, 2019(revised October 10, 2019 & updated September 9, 2020) Transportation Assessment (Mill Street Residential Development) Preparedby: Salvini Consulting, July 17, 2019 (addendum letter July 10, 2020) Noise and Vibration Feasibility Study (19-41 Mill Street) Preparedby: HGC Engineering, June 19, 2019 Community Input & Staff Responses Staff received written responses from 41households with respect to the proposed development. These may be found in AttachmentF Meeting was heldonDecember 4, 2019 and was attended by 47 residents. In addition, 5 neighbourhood representatives participated in a working group together with the applicant, ward Councillor and City planning staff. 1 - 15 Theme: Traffic & Safety What WeHeardStaff Comment Mill Street is very busy and A Transportation Assessment was prepared in support additional traffic cannot be of the subject applications. This assessment found that accommodatedat nearbythe 176 units would generate about 40 to45 trips in and intersections.out during each of the morning and afternoon peak periods. While the intersection of Mill and Queen is busy, it is operating at acceptable levels and increases over time will be largely due to increases in background traffic. The left turn from Mill Street onto Queen Street South can have delays in the peak period, but the volume turning left is low and the incremental increase due to the proposal is low. The right turn lane can back up about 20 m, however itis still operational. Busy traffic levels area concern Transportation Services staff is evaluating several for pedestrian and cyclist safety, locations where the Iron Horse Trail crosses city especially at the Iron Horse Trail streets, including the Mill Street location, in order to crossing on Mill Street. Traffic comprehensively and consistently address safety calming measures should be concerns. installed to improve safety. A stop sign should be added at Transportation Services is committed to completing a the Mill Street and Spadina traffic count at the Mill Street/Spadina Road Road intersectionintersection, to evaluate whether an all-way stop control is warranted at this intersection. Data collection was originally scheduled for the spring of 2020;however,such traffic counts were delayed due to the pandemic lockdown. In addition, Transportation staff have indicated that ongoing construction on Mill Street would further contribute to below averagetraffic levels,resulting in inaccuracies.Traffic counts will occur once traffic levels stabilize, and should additional stop controls be warranted they will be installed by the City. While identified through the consultation process associated with these application, installation of traffic controls at the Mill/Spadina intersection are not specifically related to this development proposal. Theme: Heritage What We HeardStaff Comment Concerns expressed with the The properties municipally addressed as 19 and 25 Mill proposed demolition of 19 and Street were previously on the Heritage Kitchener 25 Mill Street.Inventory of Historic Buildings.However,through a Council approved process,it was decided to exclude them fromthe Municipal Heritage Register. Therefore, 1 - 16 theydo not have status under the Ontario Heritage Act. These buildings were determined nottorequire further analysis from a heritage perspective and are permitted to be demolished. Impacts to designated heritage Heritage Planning staff agree with the findings of the resources including 45 Mill HeritageImpactAssessment. The proposed Street, the Victoria Park development isnotexpected to have anegative Heritage Conservation District, impact on theheritage attributes of theVictoria Park and the Joseph Schneider HausArea Heritage Conservation District and theadjacent property addressed as 45 Mill Street subject to the recommended mitigationmeasuresachieved through building design and placement. Heritage Planning staff agree that the proposed special regulation provision will implement appropriate setbacks and step-backs, and that implementation of the recommended Urban Design Guidelineswill achieve mitigation of impacts. Further, Region of Waterloo Cultural Heritage staff have reviewed the HIA and concur that the proposed development will not impact the Joseph Schneider Haus. Impacts to the heritage The proposed development is planned tobe a character of the neighbourhoodcontemporary addition to a central neighbourhood. Staff will continue to review the building elevations with an emphasis on selecting buildingmaterials which will complement thetraditional characterof the surrounding streetscape.The developer has agreed that the design of the building, especially along Mill Street, will beinspired by the character of surrounding housesand will incorporate traditional materialssuch as red or buff brick, and architectural features such as front porches.The applicant has committed to commemorate the importance of heritage through various means that will be further explored through the site plan process. Theme: Building/Site Design What We HeardStaff Comment Residents have expressed that As articulated in the Urban Design comments, staff is of the proposed development is the opinion that the proposed height, subject to the not compatible with the tower placement, setback and step-backs has been neighbourhood.demonstrated to be compatible with the surrounding land uses and buildings. The proposed development maintains a low-riseheight along Mill Street, and using architectural features, including porches, and building materials, the proposal will positively contribute to the streetscape. 1 - 17 Shadow ImpactsA Shadow Analysis was completed for the proposed development and while there will be some shadowing of adjacent buildings and lands, the building has been oriented so that much of the shadow fall across the site. Nearby property owners have The proposed building has been oriented so that most raised concerns with a loss of units will have views and windows towards Mill Street privacy due to units overlooking and the Iron Horse Trail, and towards Queen Street private amenity spaces.South. Effort has been made to orient buildings to protect privacy of rear yard amenity spaces, by setting the tower back and away from adjacent single detached dwellings. Theme: Affordable Housing What We HeardStaff Comment Demolition of existing houses will Staff acknowledge that the existing homes on the displace current tenantssubject site are currently rented. Staff cannot confirm whether these units currently qualify as affordable housing. Application should be required The applicant is proposing to include 5 affordable units to include affordable housing as within the subject development. They are exploring part of the development options to offer these in coordination with the Region of proposalWaterloo through the Rent Supplement Program and are also open to pursuing a partnership with a local not- for-profit housing provider. Details of this program cannot be formalized until closer to occupancy. Theme: Environment and Natural Hazards What We HeardStaff Comment Concern that the proposedA stormwater management plan is required to be development will cause flooding prepared, approved and implemented as part of the Site of nearby homesPlan process in order to ensure appropriate stormwater management. This plan will consider soil conditions, infiltration, run-off and retention in accordance with City policy and regulations. Further, the lands are regulated by the Grand River Conservation Authority (GRCA) due to proximity to Schneider Creek. While the site is located outside of the floodway, and safe access is confirmed, the site, building and parking garage must be designed with consideration given to the regulatory flood elevation. The proposed development will require a GRCA permit to be issued. Concern with loss of mature Staff acknowledge that development of the lands will vegetation on site and along necessitate the removal of trees and vegetation on the Iron Horse Trailsubject lands. A Tree Preservation and Enhancement 1 - 18 Plan will be required as part of the Site Plan Approval process and the applicant will be required to identify methods to protect and enhance vegetation which can be preserved, and to protect vegetation which may be on adjacent lands or in shared ownership. Through the detailed review, trees which are invasive and or in poor condition may be removed for safety, and new trees will be planted along Mill Street and the Iron Horse Trail and the perimeter of the site, in accordance with the tree planting requirements of the Urban Design Manual. Loss of Pollinator Habitat is a Special focus will be placed on incorporating pollinator concernhabitat and using native and pollinator friendly plant species in the landscape design. This requirement has been captured in the Urban Design Guidelines. Theme: Noise and Nuisance What We HeardStaff Comment Concerns with noise and Staff acknowledge that during construction there may nuisance during construction be temporary disruptions and construction related and associated with a multiple nuisance such as noise and dust. The City will work residential development.with the developer through the construction period to ensure disruptions are kept to a minimum. Construction activity is typicallylimited to daytime hours (between 7 am and 7 pm) and Building, Engineering and/or Property Standards staff will be able to respond to concerns during the construction period and can work with the neighbourhood and the owner to mitigate these. Concern that construction The Heritage Impact Assessment recommends that a activities may cause damage to pre-construction survey of 45 Mill Street be completed houses. to evaluate potential impacts of construction as a condition of Site Plan. This will be included as a condition of Site Plan to ensure appropriate pre- emptive mitigation measures be undertaken. Staff also recommend that other property owners who may be concerned should reach out to staff or directly to the applicant to request the completion of such an assessment prior to construction commencing. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment to permit 19 41 Mill street to be developed with a 12 storey multiple dwelling. Staff is of the opinion that thesubject applications are consistent with policies of the Provincial Policy Statement(2020), conform to Growth Plan for the Greater 1 - 19 Golden Horseshoe, the Regional Official Plan, and theCity of Kitchener Official Plan and represent good planning. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. CONCLUSION: Theproposed Official Plan Amendment and Zoning By-law Amendment are appropriate and represent good planning and it is recommended that the applications be approved. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM the council / committee meeting.Notice signs wereposted on the propertyand information Courtesy Notice of the public meeting will be circulated to all property owners within 120 metres of the subject lands, those responding to the preliminary circulation andwho attended the Neighbourhood Information Meeting, and Notice of the Public Meeting will be given in The Record on January 15, 2021 (a copy of the Notice may be found inAttachmentC). CONSULT The proposed Official Plan Amendment and Zoning By-law Amendment were originally circulated to property owners within 120 metres of the subject lands onSeptember 27, 2019. In response to this circulation,staff received writtenresponses from 41 households, which are summarized as part of this report and included in AttachmentF.A Neighbourhood Information Meeting was held December 4, 2019andwas attended by 47 residents. COLLABORATE A Working Group consisting of 5 neighbourhood representatives, the Ward Councillor, planning staff and the applicant, met between January and March 2020. The purpose of the working group meetings wasto allow residents and the applicantto work through, and,where possible,to come to agreement, on changes to the proposed development plan in order to resolve concerns of the community. The input of this group has informed the Design Principles and Urban Design Guidelines. 1 - 20 PREVIOUS REPORTS/AUTHORITIES: Heritage Kitchener(December3, 2019)A draft of the Heritage Impact Assessment was discussed. February 1, 2010 Council meeting where decision was made not to include 25 Mill on Register Planning Act Growth Plan, 2019 Ontario Heritage Act APPROVEDBY: Justin Readman -General Manager, Development Services ATTACHMENTS: Attachment A Proposed Official Plan Amendment Attachment B Proposed Zoning By-law Amendment Attachment C Urban Design Guidelines Attachment D Newspaper Notice Attachment E Department and Agency Comments Attachment F Public Comments 1 - 21 DSD-21-005 - Appendix A AMENDMENT NO. XX TO THE OFFICIALPLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 19-41Mill Street 1 - 22 DSD-21-005 - Appendix A AMENDMENT NO. XX TO THE OFFICIALPLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1941 Mill Street INDEX SECTION 1TITLE AND COMPONENTS SECTION 2PURPOSE OF THE AMENDMENT SECTION 3BASIS OF THE AMENDMENT SECTION 4THE AMENDMENT APPENDICES APPENDIX 1Notice of the Meeting of Planning &Strategic Initiatives Committee of February 8, 2021 APPENDIX 2Minutes of the Meeting of Planning &Strategic Initiatives Committee APPENDIX 3Minutes of the Meeting of City Council 1 - 23 DSD-21-005 - Appendix A AMENDMENT NO. XXTO THE OFFICIALPLANOF THE CITY OF KITCHENER SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XXto the OfficialPlan of the City of Kitchener(1994). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT The purpose of the OfficialPlan Amendment isamend: Map 12(Mill Courtland Woodside Park) by redesignating lands from Low Density Commercial Residentialto High Density CommercialResidentialand to add new Special Policy Area 16; Section 13.4.4to add new Policy16to permit a maximum floor space ratioof 3.5 and a maximum building height of 12 storeys. SECTION 3 BASIS OF THE AMENDMENT The subject lands are designated Low Density Commercial Residentialin the Mill Courtland Woodside Park Secondary Plan (Official Plan, 1994).Staff recommend that the application proposing to redesignatethe lands High Density Commercial Residential, be approved, andthat Special Policy 16 also be added to limit the maximum floor space ratio to 3.5 and the maximum building height to 12 storeys. The subject lands are located in a Major Transit Station Area (within the Focus Area of the Queen Street Station). The planned function of the Major Transit Station Areas is to provide densities that will support transit, and achieve a mix of residentialand other uses. They are also intended to have streetscapes and a built form that is pedestrian-friendly and transit-oriented. Staff are of the opinion that the proposed Official Plan Amendment will support a development that complies with the policies for a Major Transit Station Area.In accordance with Official Plan policy, theCity is in the process of preparing Station Area Plans for each Major Transit Station Area. Until such time as Station Area Plans are completed any development application submitted within a Major Transit Station Area will be reviewed generally in accordance with the Station Study Areas Background Report. The subject lands are located in the PARTS Central Plan and are proposed to be include in the Cedar Hill and Schneider Creek Secondary Plan. Both the PARTS Plan and the preliminary information contained in the draft policies of the Secondary Plan recommendan increase to permitted height and density of the subject lands to 8 storeys, and a maximum floor space ratio of 2.0. While the proposed land use designation would permit development at a greater height and density than what is contemplated through the neighbourhood planning review, staff is of the opinion that the subject development has been designed in such a way that it is appropriate for the subject lands. The subject development proposal is tailored to the unique locational characteristics of this site, and responds to the surrounding neighbourhood. Through the associated Zoning By-law Amendment, sitespecific setbacks and stepbacks are recommended based on site specific Urban Design Gudielines, which staff also recommend by adopted by Council for implementation through the Site Plan process. The amendment as proposed herein is consistent with the objectives of the Provincial Policy Statement,conform withPolicies of the Growth Plan for the Greater Golden Horseshoe, and conforms to the Regional Official Plan, asdescribed in Report DSD-21-005.Staff are of the opinion that the proposedOfficial Plan Amendment represents good planning, and recommendsthat the proposed Official Plan Amendment be approved. 3 1 - 24 DSD-21-005 - Appendix A SECTION 4 THE AMENDMENT The City of Kitchener Official Plan(1994)is hereby amended as follows: a)Amend Map No. 12Mill Courtland Woodside Parkby: i)Designating Amendment Area 1High Density CommercialResidential with Special Policy 16 instead of Low Density Commercial Residential, asshown on theand ii) Designating Amendment Area 2 High Density Commercial Residential with Special Policy 16 instead of former Rail Right-of-Way, as shown on the attached b)Add newPolicy16to Section 13.4.4-Special Policies,as follows: 16.Notwithstanding the HighDensity Commercial Residentialland use designation and policies of the lands located at 19 41 Mill Street: a)the maximum Floor Space Ratio shall be 3.5 b)the maximum number of storeys shall be 12. 4 1 - 25 DSD-21-005 - Appendix A APPENDIX 1: Notice of the Planning &Strategic Initiatives Committee Meeting (February8, 2021) PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED OFFICIAL PLAN & ZONING BY-LAW AMENDMENTS UNDER SECTIONS 17, 22 & 34 OF THE PLANNING ACT 19-41 Mill Street PolocorpInc. is proposing Official Plan and Zoning By-law Amendments to permit the lands at 19-41 Mill Street to be developed with a multiple dwelling, having a maximum height of 12-storeys and a maximum floor space ratio of 3.5. In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronicpublic meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Monday, February 8, 2021 at 7:00 p.m. (live-stream video available at kitchener.ca/watchnow) Ifyou wish to make written and/or verbal comments either in support of, or in opposition to, the above noted proposal you may register as a delegation at kitchener.ca/delegationsor by contacting Legislated Services at 519-741-2200 ext. 2203 by no later than 4:00 p.m. on February 8, 2021.A confirmation email and instructions for participating in the meeting electronically with be provided once your registration is received. If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATIONis available by contacting the staff person noted below or by viewing the report contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the Calendar of Events and select the appropriate committee). Brian Bateman, Senior Planner -brian.bateman@kitchener.ca 5 1 - 26 DSD-21-005 - Appendix A APPENDIX 2: Minutes of the Planning &Strategic Initiatives Committee Meeting (February 8, 2021) 6 1 - 27 DSD-21-005 - Appendix A APPENDIX 3-Minutes of the Meeting of City Council 7 1 - 28 DSD-21-005 - Appendix A 1 - 29 DSD-21-005 - Appendix B PROPOSED BY LAW ________,2021 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener PolocorpInc.1941Mill Street) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.Schedule Number86of-law Number 85-1ishereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1on Map No. 1, in the City of Kitchener, attached hereto, from Commercial Residential OneZone (CR-1)toResidential EightZone (R-8) with Special Regulation Provisions 1R and768Rand Property Detail Schedule 44. 2.Schedule Number86ofto By-lawNumber 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2on Map No. 1, in the City of Kitchener, attached hereto, from Commercial Residential OneZone (CR-1)with Special RegulationProvision 1R toResidential EightZone (R-8) with Special Regulation Provisions1R and768Rand Property Detail Schedule 44. 3.Schedule Number86-law Number 85-1isherebyfurther amended by incorporating additional zoneboundaries as shown on Map No. 1 attached hereto. 4.Appto By-law 85-1 is hereby amended by adding Property Detail Schedule No. 44thereto, as shown on Map No. 2 attached hereto. 5.D-law 85-1 is hereby amended by addingSection 768thereto as follows: 768.Notwithstanding Sections5.13,6.1.1, 6.1.2and 42.2of this By-lawwithin the lands zoned R-8and shown as being affected by this subsectionon Schedule Number 86ionshall apply: a)parking shall be provided at a rate of 1.0spaceper unitplus 0.1visitor spaces per unit. b)Off-street parking spaces, exceptfor drop-off and loading spaces, shall be locatedwithin a building. 1 - 30 DSD-21-005 - Appendix B c)Driveaisles may be locatedup to 1.5metresfroma streetline.Any aisle setback less than 3.0 metres from astreetlineshall be screened with a visual barrier having a minimum height of 0.75metres. d)Type A and B bicycle parkingto be providedin accordance with Section 5.5of By-law 2019-051. e)Electric Vehicleparking to be provided in accordance with Section 5.8 of By-law 2019-051. f)In additionto theHome Business uses permitted to be located in a multipledwelling: i)Indirect Salesshall also bepermitted. For the purposes of this regulationIndirect Salesshall be defined asa home occupation which conducts the sale of goods via mail order, telephone, fax, or internet, but shall not include direct sales or the storage of inventory on site. ii)Artisans establishment may include retailandinstruction. iii)ahome occupation mayattract a maximum ofone customer or client at any one time. g)Amultipledwelling shall have a central air conditioning system, and buildingcomponents as identifiedin theNoise and Vibration FeasibilityStudyfor 19-41 Mill Street, datedJune 19, 2019,prepared byHGC Engineering. h)For a lot having a minimum lot widthof100 metresand aminimum lot area of 0.7 hectares: a)Themaximum floor space ratioshall be3.5; b)Themaximumbuildingsetbacks are 4.5 metres (front yard);5.4 metres (interior side yard south); 10.3 metres (interior side yard north) and 7.6 metres (rear yard)as defined inProperty Detail Schedule No. 44. c)The maximumheightfor a multiple dwelling: i) within Area A, asshown in Property Detail Schedule No.44of By-law 85-1, shall be 14.0metres and 4 storeys, ii)within Area B, as shown in Property Detail Schedule No. 44of By-law 85-1shall be25.0 metres and 7storeys, iii)within Area C, as shownin PropertyDetail Schedule No. 44of By-law 85-1 shallbe 36.0 metres and 10 storeys, and 1 - 31 DSD-21-005 - Appendix B iii) within Area D, shown in Property Detail Schedule No. 44of By-law 85-1 shall be 42.0metres and 12storeys. 7.This By-law shallbecome effective only if Official PlanAmendmentNo. ___,(19- 41 Mill Street) 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 ofKitchener this day of ,2021. _____________________________ Mayor _____________________________ Clerk 1 - 32 DSD-21-005 - Appendix B MAP NO. 2 SCHEDULE No. 44 Maximum Height Area A14.0 metres and 4 storeys Area B25.0 metres and 7 storeys Area C36.0 metres and 10 storeys Area D42.0 metres and 12 storeys R-8 D 1R 768R B A C METRIC SCALE DETAIL from SCHEDULE NO. 86 of APPENDIX 'A'01020 1 - 33 DATE: NOVEMBR 16, 2020 Meters DSD-21-005 - Appendix B 1 - 34 DSD-21-005 - Appendix C URBAN DESIGN GUIDELINES July 2020 Revised November 2020 19, 25, 29, 33, 37, and 41 Mill Street City of Kitchener, Ontario Official Plan Amendment Zoning By-law Amendment 1 - 35 DSD-21-005 - Appendix C TABLE OF CONTENTS 1.0 INTRODUCTION ..................................................................................................................................... 2 2.0 BACKGROUND ....................................................................................................................................... 4 2.1 Applications .................................................................................................................................. 4 2.2 Public Consultation ....................................................................................................................... 4 3.0 VISION ................................................................................................................................................... 6 4.0 DEVELOPMENT CONCEPT ..................................................................................................................... 7 4.0 DESIGN GUIDELINES............................................................................................................................ 12 4.1 Site Design 12 4.2 Building Design ........................................................................................................................... 14 1 - 36 DSD-21-005 - Appendix C 1.0 INTRODUCTION In August 2019, Polocorp Inc. submitted an Official Plan and Zoning By-law Amendment application package in support of a development proposal on the lands municipally addressed as 19, 25, 29, 33, 37, and 41 Mill Street within the City of Kitchener . Since that time, Polocorp has received extensive input from the public and City staff through a series of public consultation and focus group meetings. Written comments were also received. In response, Polocorp has taken the comments into consideration and has further refined the proposed development concept. The revised development proposal consists of approximately 180 residential units in a 12- storey building, with stacked townhouse units fronting Mill Street and the Iron Horse Trail. While the unit count and building height are similar to the original proposal, the revised plan has introduced fundamental shifts to the building massing and configuration including significant stepping to the building height, increased building setbacks and a reconfigured parking garage and new garage entrance from Mill Street. F IGURE 1: S ITE LOCATION AND SURROUNDING CONTEXT The revisions to the plan have been made based on a series of design principles that were prepared, in consultation with City staff, in response to the comments received. While the design principles provide the foundation to the development concept, more refined guidelines are required to inform the ultimate Site Plan design. The purpose of the Urban Design Guidelines November 2020 | 2 1 - 37 DSD-21-005 - Appendix C following guidelines is to provide an overview of the works completed thus far, a summary of the design principles and outline the urban design guidelines that are to be used in the preparation of the final building and site designs. The enclosed Guidelines should be considered with, and are supplemental to, the Urban Design Brief submitted in August 2019. F IGURE 2: N ORTHEAST CORNER OF THE S ITE Urban Design Guidelines November 2020 | 3 1 - 38 DSD-21-005 - Appendix C 2.0 BACKGROUND 2.1 APPLICATIONS Between 2011 and 2018, a series of Pre-consultation meetings were held with City staff for the properties located at 19-41 Mill Street with the final meeting held on November 20, 2018. On August 16, 2019, Polocorp submitted applications for Official Plan and Zoning By-law Amendments in support of the redevelopment of the lands as a multi- residential condominium building. The development concept, at that time, had considered comments that had been received from City staff including those pertaining to building height, massing, materials and siting. The proposed development consisted of approximately 176 residential units, in an eight and ten-storey mid-rise building along with a three-and-a-half storey podium comprised of townhomes fronting on both Mill Street and the Iron Horse Trail. Following the formal Official Plan and Zoning By-law Amendment submission, the application package was circulated for comment to City staff and stakeholder agencies. A Neighbourhood Information Meeting was scheduled at this time, initiating extensive consultation efforts with the surrounding community and City staff. 2.2 PUBLIC CONSULTATION Polocorp has made concerted efforts to work with, and have prioritized input from, the community to refine the development proposal. To do so, extensive community consultation was undertaken by Polocorp in cooperation with City staff. The required Neighbourhood Information Meeting (NIM) was held at the Victoria Park Pavilion and was well attended throughout the night. As a result of the NIM, it was determined that assembling a working group, comprised of residents, the Ward Councillor, City staff and Polocorp, would provide an opportunity to continue consultations and further refine the development concept. To date, a total of four community consultation meetings have been held: December 4, 2019 Neighbourhood Information Meeting January 15, 2020 Working Group Meeting #1 February 4, 2020 Working Group Meeting #2 March 4, 2020 Working Group Meeting #3 These meetings offered valuable commentary on the project from residents and City staff that were used to formulate the proposed design principles. In addition to these meetings, Polocorp received written comments from residents and community groups through letters and emails. Polocorp also actively followed social media and documented comments made in public community groups and discussion boards. The comments received through the public consultation process were valuable in identifying the priorities of the community and determining appropriate revisions to the development concept. Using this information, Polocorp prepared a series of design Urban Design Guidelines November 2020 | 4 1 - 39 DSD-21-005 - Appendix C principles and guidelines that will be used to inform the ultimate development of the Site and final building design. Urban Design Guidelines November 2020 | 5 1 - 40 DSD-21-005 - Appendix C 3.0 VISION The redevelopment of the Site is envisioned as a high-quality multi-residential development within central Kitchener. The proposed development will provide a mix of dwelling types within a Major Transit Station Area, within walking distance to Downtown Kitchener, and as well as open spaces and community amenities. The building will respect the existing built-form of the street by introducing compatible building heights and massing with particular consideration given to the properties immediately adjacent to the Site. The proposed development will be sensitive to the existing architectural character of the street by utilizing complementary building materials, architectural elements and details. It is intended that the proposed development will provide an opportunity to reside within, and contribute to the continued success of, the Schneider Creek community. The following goals and objectives have been identified for the proposed development: 1.Provide a building design that positively contributes to the active streetscape along Mill Street and the Iron Horse Trail; 2.Introduce an architectural design that is appropriate for the area that integrates complementary heights, massing, and orientation while utilizing architectural elements, details, and materials of a high quality to enhance the public realm; 3.Respect the existing neighbourhood character through compatible building massing (building height, scale and location), building design principles, and streetscape elements; 4.Introduce pedestrian entrances and connections that provide opportunities for future residents of the Site to utilize public transit and active transportation routes; 5.Design the Site to be compatible and sympathetic with the adjacent cultural heritage resources (45 Mill Street and the Victoria Park Area Heritage Conservation District); 6.Provide a compact built form that introduces a variety of housing sizes and types to the Schneider Creek neighbourhood and supports intensification within the City while conserving the character of the surrounding established low-density neighbourhoods; 7.Provide opportunities for future residents to access open spaces and parking with the area, including the Iron Horse Trail, Mike Wagner Greenway, and Victoria Park; 8.Explore opportunities to enhance the existing public outdoor amenity areas, including the Mike Wagner Greenway, in consultation with the City and other commenting agencies, as well as provide for new private outdoor amenity spaces through landscaping at ground level, rooftop terraces and introduction of porches; 9.Create a safe and lively public realm that integrates design elements that will minimize sun, wind and shadow impacts; and, 10.Provide a sustainable built form that is compact and incorporates elements to reduce energy and water consumption. Urban Design Guidelines November 2020 | 6 1 - 41 DSD-21-005 - Appendix C 4.0 DEVELOPMENT CONCEPT The extensive public consultation that was undertaken between December 2019 and March 2020 produced a series of specific design recommendations. As a result, the original development concept that was submitted in August 2019 has been revised to reflect these comments. The revised Development Concept was prepared by ABA Architects and illustrates the proposed massing, heights, and general configuration of the proposed development. The Concept Plan is attached as Appendix A. It has been informed by the following design principles that have been prepared based on the specific direction provided during the consultation process: 1.Provide appropriate setback from 15 Mill Street: A.10.5 metre setback from the northern property line; B.Building stepback above 3-storeys in line with the rear lot line of 15 Mill Street, at minimum. Ensuring a compatible interface with adjacent uses was clearly communicated by residents and City staff. Compatibility with adjacent uses can be facilitated in a variety of ways, including ensuring sufficient building setbacks and maintaining appropriate building massing. As such, a minimum side yard setback of 10.5 metres from the northern lot line is proposed (ie. from Mill Street). The proposed setback will provide appropriate separation between uses while allowing for landscape detailing to further facilitate a compatible interface. In addition to the proposed setback, the building height will not exceed 3 storeys within the front portion of the property. The building is to step up in height no closer than the equivalent t sufficiently set back from the existing house and avoid unreasonable impacts on the adjacent property. 2.Maximum height of 12 storeys to be limited to northwest portion of the SIte; A maximum height of 12-storeys is proposed; however, this height is to be situated only in the northwest portion of the Site. In doing so, the dimensions of the building tower would be reduced in size, thereby minimizing shadow, wind and visual impact on the surrounding properties. This building massing is in response to comments received and inconsistent with the community. As such, the change in building massing, in combination with a mix of building materials as well as substantial terracing, the building is more compatible with the surrounding uses and allows for the character of the community to be maintained at the buildings interfaces with adjacent uses. Urban Design Guidelines November 2020 | 7 1 - 42 DSD-21-005 - Appendix C 3.Utilize a variety of building materials in order to break up the massing and articulate uses: A.Multi-residential building, including podium, building entrance and parking garage, to utilize contemporary building materials such as brick, stone and glass; B.Townhouse elevations to utilize traditional building materials including brick, stone and incorporate features such as porches and patios, where appropriate; Utilizing a mix of building materials is a broken up, while also creating a distinct character to building components. Mill Street is currently characterized by older, brick homes. Through the public consultation process, it was clear that maintaining a similar character was an important consideration. As such, utilizing -related townhomes would be appropriate. By utilizing a building style that is influenced by, and not mimicking, the traditional character of the street, the development can be integrated into the existing streetscape without overtly standing out. Similarly, the materials used on the upper storeys can influence the perception the features and colour palettes, the multiple-dwelling component of the building will be differentiated from the ground-related units, and thus, visually break up the buildings massing. When accompanied by the increased use of glass and a different colour palette, the upper storeys could also have an airy and lighter aesthetic to them and alleviate the perception of mass to them. A B Figure 3: Townhomes and apartment massing can be differentiated using materials Urban Design Guidelines November 2020 | 8 1 - 43 DSD-21-005 - Appendix C 4.Explore opportunities to commemorate the community and celebrate the history of the area. Opportunity to utilize research from the Architectural Conservancy Ontario. The residents of Mill Street and the surrounding area have a strong sense of community, tied to a long history in the City. The redevelopment of the lands provides an opportunity to grow the community, while also providing an opportunity to commemorate and honour it. Polocorp is committed to exploring options to integrate a commemorative feature into the building, utilizing information found from the Architectural Conservancy Ontario, artifacts or suggestions from residents. 5.Terrace building and utilize building stepbacks as amenity areas; A.Building stepback from Mill St above 3-storeys creates private terraces; B.Rooftop terrace to be provided on building podium; C.Building steps up in height The original development concept proposed a slab tower with little building articulation. Comments received through the consultation process indicated that stepping of the building height was preferred. With the introduction of additional terraces into the building design, an appropriate transition between the low-rise residential to the south and the higher portions of the building can be provided. An Angular Plane Analysis has been prepared and has been included as Appendix B. The terraces also provide an opportunity to integrate active uses, such as amenity areas, into the exterior of the building and increase the overall level of activity around the building. C B A F IGURE 4: T ERRACING OFFERS OPPORTUNITIES FOR OUTDOOR AMENITY AREAS Urban Design Guidelines November 2020 | 9 1 - 44 DSD-21-005 - Appendix C 6.Utilize high-quality landscape design to provide an attractive interface between building and adjacent uses; The proposed development concept includes substantial setbacks on all sides of the property and provides opportunity for high quality at-grade landscape treatments throughout the Site. The Mill Street frontage is dominated by townhouse dwellings that include off-street parking within the internal parking structure. With the absence of individual driveways, there is ample opportunity to introduce high-quality landscaping along the Mill Street frontage and create a comfortable and attractive street edge. Similar treatments can be carried around the balance of the building to provide an attractive interface between the proposed development and the adjacent uses. The introduction of large setbacks allows for substantial vegetation to be planted, particularly on the north side from Mill Street, in order to soften the building edges at the pedestrian level. The south side of the building, fronting the Iron Horse Trail, offers a unique opportunity to create an active, and landscaped, building edge along the trail while also improving safety along this corridor through the use of lighting and increased visibility. 7.Landscape design to recognize connection with Wagner Green: A.Utilize common landscape features including plant species and building materials; B.Provide pedestrian crosswalk, if feasible and/or desirable; C.Introduce commemorative plaque or other community benefit within Wagner Green, if feasible, or off-site; Comments received through the consultation process often referred to Wagner Green as a communal meeting space and an appreciated community asset. The proposed development will provide ample landscaped areas around the entirety of the Site, including along Mill Street. Taking design cues from Wagner Green will provide a physical, and visual, connection between the greenspaces and, ultimately, increase the overall sense of space. Polocorp Inc will work with City staff, and the community, to determine whether a pedestrian connection to the park is feasible, or desired. 8.Access to parking garage to be centrally located along Mill Street frontage; A.Residential units to be located adjacent to 45 Mill Street; By re-locating the access to the parking garage from the east end of the building off of Mill Street to a more central location to the west within the building frontage, the north and south ends of the building can be utilized for only residential uses. Locating residential uses adjacent to existing residential uses allows for a direct social and visual connection between the new and existing dwellings, and facilitates a more compatible introduction of the development to the community. 9.Parking to be provided in above-grade garage: A.Garage is to be integrated into building podium and is not to exceed 3- B.Garage is to be screened from view from Mill Street and Ironhorse Trail; Urban Design Guidelines November 2020 | 10 1 - 45 DSD-21-005 - Appendix C Underground parking is not feasible on the Site and, as such, an above-grade parking structure is necessary. To mitigate the visual impact of the parking structure, it is proposed to be internal to the building podium and not to exceed 3-storeys in height. The structure will be screened from view from Mill Street and the Iron Horse Trail by the townhomes that form the frontages of the building. Screening the parking structure improves the overall aesthetic of the building and maintains active frontages at-grade. 10.Provide appropriate setbacks from southern property line and 45 Mill Street: A.Side yard setback in excess of Zoning By-law requirements; B.Building stepback from southern property line above 3-storeys; C.Building setback tapered away from adjacent lot. As with the north side of the development, ensuring compatibility with the adjacent uses is a primary design principle for the development. East of the Site is primarily comprised of low-density residential uses, including a heritage building at 45 Mill Street. Considering this, it is proposed that an oversized building setback and stepped building height be provided in order to provide an appropriate transition between the low- density character east of the Site and the higher building elements on the west side of the development. Such a transition is supported by the updated Heritage Impact Assessment prepared by CHC Limited, dated July 2020. F IGURE 5: G ENERALIZED MASSING REVISIONS TO ORIGINAL CONCEPT Urban Design Guidelines November 2020 | 11 1 - 46 DSD-21-005 - Appendix C 4.0 DESIGN GUIDELINES The following design guidelines have been prepared to inform the Site Plan Approval process and should be considered in the preparation of the final building plans, site plan, building elevations and other detail plans, however, they are intended to be flexible in nature and represent the general intent for the development. These guidelines have been informed by the City of Kitchener Official Plan and Urban Design Manual (UDM), including the Part B: Design for Tall Buildings, and input received through extensive public consultation with the community and City staff. Specific design recommendations described within Section 3.0 of this report have been reflected in the Design Guidelines. 4.1 SITE DESIGN Site Circulation and Parking Create a comfortable and convenient pedestrian environment by avoiding physical and visual barriers around the Site; Open spaces surrounding the building should prioritize pedestrian connectivity, comfort and safety; Avoid the creation of entrapment areas; Provide bicycle parking in convenient and visible locations; Access to parking garage to be centrally located along Mill Street frontage and shall not be located adjacent to 45 Mill Street; Provide direct pedestrian access to townhomes from Mill Street and Iron Horse Trail; Parking to be provided in above-grade parking structure that is integrated into the building podium; Parking structure is not to exceed 3 storeys in height; Parking structure is to be screened from view from Mill Street and the Iron Horse Trail; Locate barrier-free parking spaces in close proximity to building entrances; Ensure pedestrian and cyclist safety by maximizing visibility; Utilize contrasting materials for walkways over vehicular routes; Universal Design Site and building are to be designed to be fully compliant with Ontario Building Code and accessibility standards; Site should be designed for varying levels of mobility and provide ramps, handrails and other barrier free measures, where necessary; Design should consider seasonal changes, including snow clearing and storage; Safety and Security Site design is to avoid the creation of entrapment areas, including dead ends and hidden spaces; Urban Design Guidelines November 2020 | 12 1 - 47 DSD-21-005 - Appendix C Active spaces around the building should be sufficiently lit to avoid areas of reduced visibility; Residential units should be designed with windows fronting the street and the Iron ; Arts and Culture Incorporate a commemoration to the community and the history of the area through the use of features such as interpretive glass or heritage furniture, if desired; Introduce a commemorative plaque or other community benefit within Wagner Green, if feasible; Landscape Design Introduce a high-level of landscape design that contributes to the character of Mill Street and further promotes a sense of place; Utilize high-quality landscape design and materials to provide an attractive interface between building and adjacent uses; Introduce a high-level of landscaping within the eastern side yard, along the building and property line to soften the building edge; Provide visual screening between adjacent uses, such as opaque fencing, including board-on-board fencing or dense coniferous shrubbery; Give preference to native pollinator species; Explore opportunity to provide pedestrian crossing in consultation with City staff and neighbourhood residents; Utilize creative landscape design to provide buffering between adjacent uses and soften the building edge along Mill Street and the Iron Horse Trail; High-level of landscape design fronting along the Iron Horse Trail that maintains visibility to the trail and includes sufficient lighting; Design to accommodate seasonal variation; Utilize vegetation that is suitable for the context, including species that can tolerate urban conditions, such as road salt and heat; Utilize a mix of vegetation to provide visual interest including colour and texture; Lighting Lighting is to be compatible with existing character of the street; Avoid light spillover and glare onto adjacent properties or living areas; All on-site lighting is to be full cut-off (uplight zero or U0) and dark sky compliant; Utilize energy efficient light fixtures and bulbs; Consider the use of pedestrian scaled lighting along walkways, building entrances and amenity areas; Where possible, utilize a higher number of fixtures at lower voltages, to provide uniform light distribution; Site lighting should be designed such that active areas are sufficiently lit so as to avoid shadowed, and potentially unsafe, areas; On-site lighting is to correlated colour temperature, with a maximum of 3000K; Urban Design Guidelines November 2020 | 13 1 - 48 DSD-21-005 - Appendix C Sustainability Introduce a mix of vegetation, including native and pollinator species; Maximize permeable landscape features, where feasible; Utilize low-energy, efficient LED lighting, where feasible; Install efficient, energy-star appliances; Utilize landscaped spaces for outdoor amenity and gather spaces; Heritage Recognize the existing street-line and building setbacks to help maintain street character; Consider materials and architectural features of existing building stock on Mill Street; Minimize any impacts on the character of Queen Street caused as a result of view, shadow-cast or wind; Transition building heights and massing to respect the existing character of Mill Street; Integrate the surrounding landscape open space with Mike Wagner Greenway and Iron Horse Trail; Microclimate Provide pedestrian refuges through the use of awnings, overhangs and other architectural elements; Introduce trees within the landscaped open spaces to regulate on-site microclimates; Consider seasonal variations in the design of outdoor amenity and pedestrian areas; Provide indoor and outdoor bicycle parking; Further recommendations to be provided through detailed Wind Study, to be completed as part of Site Plan Approval. 4.2 BUILDING DESIGN Tall Building Design The portion of the building standing over 9 storeys in height has a total area that exceeds 850 sq. m (approximately 1,300 sq. m) and is configured in an L shape. Due to the buildings dimensions, it is considered a slab tower, as per the Tall Building Urban Design Guidelines. As such, the following guidelines have been prepared to be consistent with the guidelines described for Large Slab towers. Building height should be articulated across the building and contribute to a sense of identity; Building base shall not exceed 4 storeys in height; Building base is to be flanked by townhouse units to create active frontages on Mill Street and Iron Horse Trail; Urban Design Guidelines November 2020 | 14 1 - 49 DSD-21-005 - Appendix C Building height shall not exceed 12 storeys; Maximum building height shall be isolated to the western end of the building; Floors 4 to 10 are to step down from west to east toward 45 Mill Street; Street-fronting townhomes shall not exceed 4-storeys in height, including a step- rd back to provide a 3 storey terrace; Articulation in building height should contribute to a unique skyline and building top; Building should be designed to ensure a human-scale interface with the public realm; Scale and Massing The building is to be designed at a scale that is compatible with the existing and planned surroundings; Massing is to be articulated to create visual interest and a sense of identity; Maintain a human scale, particularly along Mill Street and the Iron Horse Trail Differentiate the massing between the townhomes and the multi-residential building; Utilize glazing and transparency on street facing facades to encourage a human scale at street level; Massing should reflect the transition in scale between adjacent uses; Provide articulation along the building face fronting onto Mill Street to create visual interest; Setbacks Front yard setback is to be compatible with existing adjacent uses; Provide a minimum 10.5 metre interior side yard setback on the west side of the property, adjacent 15 Mill Street; Provide a minimum 5 metre interior side yard setback on the east side of the property, adjacent 45 Mill Street; Taper building setback away from eastern lot line; Setbacks are to be landscaped, where feasible. Stepbacks Stepback upper floors to encourage a pedestrian scale along Mill Street and the Iron Horse Trail; Stepback upper floors to create an appropriate transition from the adjacent uses; rd Building to stepback from the front lot line above the 3 storey, with the intent being that the building stepback, at minimum, aligns with the rear lot line of 15 Mill Street, at minimum; Utilize building stepbacks as common amenity areas and private terraces to increase active outdoor spaces; Building podium to stepback above 3 storeys to create townhouse rooftop terraces; Urban Design Guidelines November 2020 | 15 1 - 50 DSD-21-005 - Appendix C Rooftop terrace to be provided on building podium; Building height to step up to maximum building height; Floors 4 to 7 to stepback a minimum of 7 metres from eastern building face; Floors 8 to 10 to stepback a minimum of 18 metres from floors 4 7 eastern building face; Floors 11 and 12 to stepback a minimum of 32 metres from floors 8 10 eastern building face; Amenity Areas Utilize amenity areas as a means of creating visual interest throughout the building exterior; Include amenity areas on building rooftops, where feasible; Amenity areas should be designed to be flexible in use; Porches are to be provided on townhomes; Consider seasonal changes in the design of amenity areas; Ensure amenity areas allow for natural surveillance of Mill Street. Iron Horse Trail and shared amenity spaces; Wind impacts to be mitigated in accordance with the detailed Wind Study; Minimize overlook onto private spaces, where possible; Materials and Articulation Materials should be compatible with those found throughout the existing neighbourhood, however, the intent is not to mimic but complement; Respect the rhythm of design elements within the existing streetscape; Utilize a variety of materials in order to break up the massing and articulate uses; Create visual interest through the use of architectural details, use of colour, materials and textures, particularly at the pedestrian scale; Multi-residential building, including podium, building entrance and parking garage, to utilize contemporary building materials such as brick, stone and glass; Townhouse elevations to utilize traditional building materials including brick and stone as well as features such as porches and patios, where appropriate; Building Entrance Primary building entrance should be prominent and visually distinct from the street; Entrance should be visible and inviting. Urban Design Guidelines November 2020 | 16 1 - 51 DSD-21-005 - Appendix C APPENDIX A Concept Plan 1 - 52 DSD-21-005 - Appendix C 1 - 53 DSD-21-005 - Appendix C APPENDIX B Design Principles Summary 1 - 54 DSD-21-005 - Appendix C 379 QUEEN STREET SOUTH KITCHENER, ON519.745.3249 | www.polocorpinc.com design principles MILL&QUEEN Interface with 15 Mill Street: A. 11 metre setback from northern property line; B. Building stepback above 3-storeys in line with the rear lot line of 15 Mill Street, at minimum; C. Provide visual barrier on propertyline.Maximum height of 12 storeys to be limited to northwest corner of Site. Utilize a variety of building materials in order to break up the massing and articulate uses: A. Multi-residential building, including podium, building entrance and parking garage, to utilize contemporary building materials such as brick, stone and glass; B. Townhouse elevations to utilize traditional building materials including brick, stone and concrete and incorporate features such as porches and patios, where appropriate. Incorporate a commemoration to the community and the history of the area through the use of features such as interpretive fritted glass or heritage furniture. Opportunity to utilize research from the Architectural Conservatory of Ontario. Terrace building and utilize building stepbacks as amenity areas; A. Building stepback from Mill St above 3-storeys creates private terraces; B. Rooftop terrace to be provided on building podium; C. Building steps up in height.Utilize high-quality landscape design to provide an attractive interface between building and adjacent uses. Landscape design to recognize connection with Wagner Green: A. Utilize common landscape features including plant species and building materials; B. Align pedestrian connections, where feasible.Access to parking garage to be centrally located along Mill Street frontage; A. Residential units to be located adjacent to 45 Mill Street. Parking to be provided in above-grade garage: A. Garage is to be integrated into building podium and is not to exceed 3-storey’s in height; B. Garage is to be screened from view from Mill Street and Ironhorse Trail. Interface with 45 Mill Street: A. Side yard setback of 5.0m at ground level; B. Building stepback from southern property line above 3-storey’s with ultimate setback of 16+ metres; C. Building setback tapered away from adjacent lot; D. Provide visual barrier on property line. 123456789 10 T E E R T S 5C 7 6 3A 10A 8A 3B 10D 2 Y 3 E R 1A 6 O T 10C L S L I M 9 10B 5A Y 7 E 3B R O T S 5B 8 4 Y E 7 5C R Y O E 3 T R S 3A O T S 2 Y 0 E 1 1C R 1B O T S 2 1A 3A Y 6 2 E 1 R Y 3 E O R T S O 6 T S 3B 5A 10B NORTH WITHOUT PREJUDICE 8A 1 - 55 DSD-21-005 - Appendix D PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED OFFICIAL PLAN & ZONING BY-LAW AMENDMENTS UNDER SECTIONS 17, 22 & 34 OF THE PLANNING ACT 19-41 Mill Street Polocorp Inc. is proposing Official Plan and Zoning By-law Amendments to permit the lands at 19-41 Mill Street to be developed with a multiple dwelling, having a maximum height of 12-storeys and a maximum floor space ratio of 3.5. In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronicpublic meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Monday, February 8, 2021 at 7:00 p.m. (live-stream video available at kitchener.ca/watchnow) If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted proposal you may register as a delegation at kitchener.ca/delegationsor by contacting Legislated Services at 519-741-2200 ext. 2203 by no later than 4:00 p.m. on February 8, 2021.A confirmation email and instructions for participating in the meeting electronically with be provided once your registration is received. If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATIONis available by contacting the staff person noted below or by viewing the report contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the Calendar of Events and select the appropriate committee). Brian Bateman, Senior Planner -brian.bateman@kitchener.ca 1 - 56 DSD-21-005 - Appendix E October 25, 2019 Date: To: Katie Anderl, 519-741-2200, ext. 7987 From: Karen Leasa, Parks & Cemeteries, 519-741-2600 ext. 4176 cc: N/A Subject: COMMENTS for: OPA/ZBA Submission Î 19-41 Mill St ThebelowcommentsareinresponsetotheOPA/ZBASubmissionfor1941MillSt.Amore detailedresponse(ifrequired)willbeprovidedfromParks&CemeteriesattimeofSitePlan submission. Park Dedication ParklandDedicationwillberequiredfortheproposeddevelopmentatthetimeofSite PlanApplicationintheformofcashinlieu. LandappraisalforallproposedresidentialunitswillbeassessedattherateforMultiple ResidentialApartment($1,359,000/ha)sinceuseareasforthetwoproposedresidential )overlap.If types(multipleresidentialapartmentandmultipleresidentialtownhouse theapplicantfeelsthereisadiscrepancywiththisapproach,alandappraisalvaluecan besubmittedforconsideration. Fortheproposeddevelopmentof176residentialunitsonthenetsiteareaof0.72ha, thededicationamountwouldbeapproximately$478,368.Anychangetothe developmentasproposedcouldchangethisamount. Access Trail(s) Parks&CemeteriesisinagreementwiththeproposedpavedconnectionstotheIron HorseTrailfromtheğƦƦƌźĭğƓƷ͸ƭproperty.ThisconnectionisconsistentwiththeIron HorseTrialImprovementStrategy(2015). Trailconnectionrequirementsshallinclude,butarenotlimitedtothefollowing: a)Vegetationplantedalongthetrailedge,butshouldrespectthecharacterofthe adjacentpubliclandand/orthetrailcorridorwithapreferencefornative material. b)Nodrainagefromthesiteorsnowclearanceispermittedtowardsthetrailor publiclands. c)AlignmentfromthesitetotheIronHorseTrailistofollowtheshortestpossible routefromthepropertyasallowedbyproposedgrading,withfinalapproval requiredfromParks&Cemeteriesstaff. 1 - 57 DSD-21-005 - Appendix E Street Tree Planting StreettreeplantingwillbearequirementalongMillStasperDevelopmentManual sectionMquantitiesandsoilvolumerequirements,andinaccordancewithother considerationsfromUrbanDesignstaffandreviewofParksandCemeteries. COMMENTS END OF 1 - 58 DSD-21-005 - Appendix E 1 - 59 DSD-21-005 - Appendix E 1 - 60 DSD-21-005 - Appendix E 1 - 61 DSD-21-005 - Appendix E o 1 - 62 DSD-21-005 - Appendix E 1 - 63 DSD-21-005 - Appendix E 1 - 64 DSD-21-005 - Appendix E 1 - 65 DSD-21-005 - Appendix E o o Celebrating 100 years | Clbrons nos 100 ans 1 - 66 DSD-21-005 - Appendix E Department and Agency Comments Development Engineering 1 - 67 DSD-21-005 - Appendix E Department and Agency Comments 1 - 68 DSD-21-005 - Appendix E Department and Agency Comments 1 - 69 DSD-21-005 - Appendix E Department and Agency Comments Transportation Services From: Steven Ryder Sent: Thursday, December 10, 2020 4:03 PM To: Katie Anderl Cc: Brian Bateman Subject: 19-41 Mill Street - OPA/ZBA Submission Good afternoon Katie, I am emailing you to inform you that Transportation Services is supportive of the submission for an Official Plan Amendment and a Zoning By-law Amendment for 19-41 Mill Street in Kitchener. I have reviewed the proposed development plans for the site, as well as the Transportation Assessment completed by Salvini Consulting Inc. in July 2019 (including the updated letter submitted in July 2020). The proposed site will align with the new zoning by-law (2019-051) in terms of parking provided within the site. If you have any questions or concerns, please feel free to contact me. Regards, Steven Ryder, C.E.T. Traffic Planning Analyst | Transportation Services | City of Kitchener 519-741-2200 ext 7152| TTY. 1-866-969-9994 | Steven.Ryder@kitchener.ca 1 - 70 DSD-21-005 - Appendix E Department and Agency Comments Date:September 22, 2020 To:Katie Anderl, Senior Planner From:Victoria Grohn, Planner (Heritage) cc: Subject:OPA19/003/M/KA ZBA19/003/M/KA 19-41 Mill Street Heritage Planning Comments Heritage Planning staff has reviewed the Scoped Heritage Impact Assessment, Urban Design Guidelines, Site Plan, Shadow Impact Analysis and Angular Plane submitted in support of Official Plan Amendment application OPA19/003/M/KA and Zoning By-law Amendment application ZBA19/003/M/KA regarding 19-41 Mill Street. Current Heritage Status of Subject and Adjacent Properties The subject property contains six (6) residential buildings and does not contain cultural heritage resources. However, the properties municipally addressed as 19 and 25 Mill Street were previously on the Heritage Kitchener Inventory of Historic Buildings. These properties were re- evaluated in 2009-2010 as part of the Council-approved process to list properties on the Municipal Heritage Register. The Municipal Heritage Register Sub-Committee (a sub-committee of Heritage Kitchener) recommended that the property municipally addressed as 19 Mill Street not be included on the Municipal Heritage Register. Heritage Planning staff and the Municipal Heritage Register Sub-Committee recommended that the property municipally addressed as 25 Mill Street be listed on the Municipal Heritage Register. This recommendation was brought to Council for consideration. Council made a decision not to list 25 Mill Street on the Municipal Heritage Register. As such, the properties municipally addressed as 19 and 25 Mill Street do not have status under the Ontario Heritage Act. The subject lands are adjacent to 541, 551 and 561 Queen Street South, which are properties designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area 1 - 71 DSD-21-005 - Appendix E Department and Agency Comments Heritage Conservation District. The subject lands are also adjacent to 45 Mill Street, which is a designated property under Part IV of the Ontario Heritage Act. Policy 2.6.3 of the Provincial Policy Statement (2020) states that authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Conclusions and Recommendations of the Scoped Heritage Impact Assessment A scoped HIA was prepared by CHC Limited, dated August 14, 2019, revised October 10, 2019 and updated September 9, 2020. The development proposal assessed in October 2019 contemplated an 8-10 storey multiple residential dwelling, with a 3-storey podium. The revised development proposal, as assessed through the September 9, 2020HIA, contemplates a 7-12 storey multiple residential dwelling, with a 3-storey podium. The revised development proposal shifts the building mass and configuration, introduces greater stepping to the building height, building setbacks, and reconfigures the parking garage. In addition, the building height has been reduced and the building separation increased between the proposed development and 45 Mill Street as a means to minimize impacts on the individually designated heritage property. The HIA evaluated the impact of the proposed development on the adjacent designated heritage properties and recommends the following mitigation strategies to avoid or reduce impacts: Utilizing stepbacks from Mill Street to reduce the sense of height; Employing an angular plane of less than 60 degrees throughout the development; Integrating a sawtooth pattern to orient the townhouses in the same manner as the existing neighbourhing homes; Selecting red or buff brick to be strategically used on the townhouse facades to reinforce th the streetscape character, as well as design cues from the adjacent 19century homes; Blending building materials (i.e. red or buff brick and contrasting contemporary materials) to break up the building mass, creating a distinct character between the building components; and Undertaking a pre-construction survey of 45 Mill Street to evaluate potential impacts of construction as a conditionof a Site Plan Application. The HIA concludes that while the proposed development is greater in height than the six residential dwellings presently on site, no negative impacts on the heritage attributes of the Victoria Park Area Heritage Conservation District or the individually designated property at 45 Mill Street are expected if therecommended mitigation measures are implemented. Heritage Planning Staff Comments The findings and recommendations of the scoped HIA were presented and discussed at the December 3, 2019 meeting of Heritage Kitchener. Some of the concerns heard from committee members were centred around the height of the proposed development, potential shadow impacts on the adjacent property at 45 Mill Street, and the required contents of the HIA. The 1 - 72 DSD-21-005 - Appendix E Department and Agency Comments Terms of Reference for the HIA were scoped to address potential impacts on the adjacent protected heritage property. The subject property does not contain protected heritage property as the existing dwellings were previously evaluated and addressed through a formal process. Heritage Planning staff agree that the anticipated impact of the proposed development and Official Plan and Zoning By-law amendments on the setting and character of the subject property is one of greater mass and height, but that the proposed development is expected to have minimal impact on the Victoria Park Area Heritage Conservation District and adjacent property addressed as 45 Mill Street. Further, Heritage Planning staff address that a degree of mitigation can be achieved through building design and placement. As such, Heritage Planning staff recommendthe following tools be used to address the findings of the HIA to mitigate impact: Add special regulation provisions to the Zoning By-law to implement various mitigative measures associated with the design and location of the proposed development including establishing maximum or minimum setbacks and/or stepbacks; and Use Site Plan Control to implement urban design measures to achieve a design that complements the surrounding neighbourhood and adjacent designated heritage properties, as described in the HIA. Heritage Planning staff are of the opinion that the scoped Heritage Impact Assessment dated August 14, 2019, revised October 10, 2019 and updated September 9, 2020 and prepared by CHC Limited has satisfied the subject scoped terms of reference. Further, Heritage Planning staff conclude that implementation of the recommendations made in the Heritage Impact Assessment will address the conservation of built heritage resources, in compliance with Policy 2.6.1 of the Provincial Policy Statement (2020). 1 - 73 DSD-21-005 - Appendix E A Department and Agency Comments CN Rail Comments Thank you for circulating CN Rail on the application for a 10-storey residential building at 19-41 Mill Street. This project is in proximity to Milepost 1.39 of the Huron Park Spur of the Guelph Spur. This line is a principle branch line. The edge of the property line is approximately 35 meters from the CN right-of-way. My comments: The Noise and Vibration Feasibility study is acceptable to CN Rail.Two small corrections are requested o The line is owned by CN Rail and no longer leased to GEXR.References to the lease with GEXR should be removed. o Appendix A has the Principle Main Line requirements.This is a Principle Branch Line and the correct CN standards should be referenced. As a follow up to our conversation, here are two conditions that CN would request on this development: The Proponent shall grant CN an environmental easement over the property. This sts for drafting this agreement are to be covered by the Proponent. The following clause shall be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of- assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of anynoise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- I will wait for your response as to where in the permitting process these conditions would be placed. Regards Susanne Susanne Glenn-Rigny Senior Officer, Community Planning and Development | Corporate Services T: 514-399-7844 | C: 514-919-7844 Celebrating 100 years | Clbrons nos 100 ans 1 - 74 DSD-21-005 - Appendix E A Department and Agency Comments 1 - 75 DSD-21-005 - Appendix E A Department and Agency Comments 1 - 76 DSD-21-005 - Appendix E A Department and Agency Comments 1 - 77 DSD-21-005 - Appendix E A Department and Agency Comments 1 - 78 DSD-21-005 - Appendix E A Department and Agency Comments From: Melissa Mohr MMohr@regionofwaterloo.ca Sent: Wednesday, December 09, 2020 1:12 PM To: Katie Anderl; Brian Bateman Subject: \[EXTERNAL\] Review of Stationary Noise report for OPA 19-03 an ZBA 19-03 (19-41 Mill Street) Good Afternoon, Please note that Regional staff have reviewed the stationary noise component of the report entitled, dy, Proposed 10-Storey Multi-Unit Residential Development, 19-41 -03 and ZBA 19-03. Section 2, paragraph 2 (p. 2) of the report notes that there are commercial facilities to the west and south of the railway tracks and that there was no noise audible on the day of site visit (February 2019). The report does recommend use of a warning clause, to be registered on title, to advise homeowners of potential noise from these nearby commercial facilities and that noise may at times be audible. The report also acknowledges that there are no significant sources of industrial (stationary) noise within 500m that due to the Regional staff concur with the report conclusions and recommendation with respect to stationary noise. The above noise warning clause shall be implemented through an agreement and within the Condominium Declaration and offers of purchase and sale/lease/rental agreements associated with a future plan of condominium or consent application. I trust the above is of assistance. Please do not hesitate to ask should you have any future questions. Kind Regards, Melissa Melissa Mohr, MCIP, RPP Principal Planner Planning, Development and Legislative Services Region of Waterloo 150 Frederick Street, 8th Floor, Kitchener ON N2G 4J3 1 - 79 DSD-21-005 - Appendix E A Department and Agency Comments 1 - 80 DSD-21-005 - Appendix E A Department and Agency Comments 1 - 81 DSD-21-005 - Appendix E A Department and Agency Comments 1 - 82 DSD-21-005 - Appendix E 1 - 83 DSD-21-005 - Appendix E 1 - 84 DSD-21-005 - Appendix E Date:16 November 2020 To:Katie Anderl, Kitchener Planning From:Barbara Steiner, Senior Environmental Planner Subject:Official Plan Amendment OPA19/003/M/KA Zoning By-law Amendment ZBA19/009/M/KA 1941 Mill Street Polocorp Inc. ---------------------------------------------------------------------------------------------------------- Environmental Planning staff has reviewed theapplications noted above. We can advise that there are no natural heritage features or functions of local, Regional, Provincial or national significance on, or immediately adjacent to, the subject properties. Therefore, we anticipate no negative impact to the Kitchener Natural Heritage System. However, trees subject to -adopted (2001) Tree Management Policy exist on and adjacent to the subject properties, including trees in shared ownership with neighbouring landowners. Therefore,in order to ensure compliance with this policy,aTree Preservation / Enhancement Plan (Section 3.4 and Appendix C of the policy noted above) is required to be submitted at the time of the future Site Plan Application as part of a complete application Urban Designer prior to Approval-In-Principleof any future Site Plan. 1 - 85 DSD-21-005 - Appendix E 1 - 86 DSD-21-005 - Appendix E 1 - 87 DSD-21-005 - Appendix E 1 - 88 DSD-21-005 - Appendix E 1 - 89 DSD-21-005 - Appendix E 1 - 90 DSD-21-005 - Appendix E 1 - 91 DSD-21-005 - Appendix E 1 - 92 DSD-21-005 - Appendix E 1 - 93 DSD-21-005 - Appendix E Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management DivisionCambridge, Ontario N1R 5W6 Trisha Hughes, Resource PlannerPhone: (519) 621-2761 ext. 2319 Fax:(519) 621-4945 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT:City of Kitchener Katie Anderl DATE:November 1, 2019YOUR FILE:OPA19/003/M/KA and ZBA19/003/M/KA GRCA FILE:OPA19-003-M-KA and ZBA19-009-M-KA 19-41 Mill St RE:Official Plan AmendmentOPA19/003/M/KA and Zoning By-law Amendment ZBA19/003/M/KAApplications 19-41 Mill Street, City of Kitchener Polocorp Inc. GRCA COMMENT*: Grand River Conservation Authority (GRCA) staff have no objection to the above noted Official Plan Amendment and Zoning By-law Amendment applications. Please see our detailed comments below. BACKGROUND: 1.Resource Issues Information currently available at this office indicates that a portion of the subject lands are regulated due to the floodplain of Schneider Creekand the associated 5 metre allowance tothe floodplain. 2.Legislative/Policy Requirements and Implications This reach of Schneider Creekhas been designated as a Two-Zone Floodplain Policy Area. In Two-Zone areas, the floodplain is comprised of two sections -the floodway and the flood fringe. The floodway is the area of the floodplain required to pass the flows of greatest depth and velocity. No new development is permitted within the floodway. The flood fringe lies between the floodway and the edge of the floodplain. Depths and velocities of flooding in the flood fringe are much less than those in the floodway, allowing for limited development to occurif certain criteria are met.Portions of the subject properties are located within the flood fringeand a small portion(at the road frontage along Mill Street)is within the floodway. We understand that the purpose of these applications is to allow for future construction of a multi-unit residential development, byre-designatingthe lands from Low Density Commercial Residential to High Density Commercial Residential and rezoningthe lands from Commercial Residential Zone (CR-1) to Residential Eight Zone (R-8). Page 1of 3 1 - 94 DSD-21-005 - Appendix E The development must conformto the Two Zone Floodplain Policy Area policies within Ontario Regulation 150/06. Our Engineer has advised that there are two Regulatory Flood Elevations (RFEs) applicable to the subject lands. The RFE is 323.1 metres between cross-sections 102280 and 102271 and 322.8 metres between cross-sections 102271 and 102260. GRCA staff have reviewed the following materials submitted with the applications: Drawing SPA.01 -Site Plan prepared by aba Architects Inc., last revised August 8, 2019 Drawing ZBA 2.1 -Parking Plan Level 1 (Ground Floor), prepared by aba Architects Inc., dated August 27, 2019 Drawing ZBA 2.2 -Parking Plan Level 2, prepared by aba Architects Inc., dated August 27, 2019 Drawing ZBA 3.1 -Elevations, prepared by aba Architects Inc., dated August 7, 2019 Drawing ZBA 3.2 -Elevations, prepared by aba Architects Inc., dated August 7, 2019 Drawing 1 Existing Conditions Plan, prepared by GM BluePlan Engineering, last revised August 12, 2019 Drawing 2 -Preliminary Servicing and Grading Plan, prepared by GM BluePlan Engineering, last revised August 12, 2019 Based on our review of the plansnoted aboveand discussion with the applicant, we understand that all dwelling units, habitable floor space, electrical, mechanical and heating services will be located above the applicable RFEs noted above. We also understand that there will be some parkingproposed below the RFEs, however, the entranceto the parking will be located above the applicable RFE. Please note we previouslyreviewedthe Safe Access Investigation and Analysis for 19-41 Mill Street, prepared by GM BluePlan (dated October 11, 2018). Based on our review, the analysis demonstrated thatsafe access is available tothe property.As such, GRCA staff have no objection to the above noted Official Plan Amendment and Zoning By-law Amendment applications. While wehave no objection to the above noted applications, thefollowing should be addressed during the site plan process: 1.The floodway line, as shown on GRCA mapping, should also be reflected on all plans. Development, including grading, should be located outside of the floodway portion of the floodplain. 2.Final Grading Plans showing existing and proposed grades on the propertiesshould be provided. The existing and proposed floodplain should be illustrated on the grading plan based on the RFEs provided above. The floodway, as shown on GRCA mapping,should also be reflected on the grading plansandall grading works should be shownoutside of the floodway portion of the floodplain. 3.The Floor plansandthe Elevation plans should include geodetic elevations for finished floor levels, andclearly showthat all dwelling units, habitable floor space andelectrical/mechanical/heating serviceswill be located above the RFEs. If an elevator is proposed below the RFEs, please demonstrate how the elevator will respond if the below ground parkingis flooded. We will require confirmation that the Page 2of 3 1 - 95 DSD-21-005 - Appendix E elevator will not operate below the RFE in the event of flooding. This should be demonstrated in a letter signed and stamped by an Engineer. 4.Provide finalfloor plans and elevationplans for any underground parkingwith geodetic elevations.As noted above, we understand that the entrance to the parking structure will be above the applicableRFE.Theelevationof the entrance should be reflected on final plans.Since there is parking proposed below the RFE, a structural engineer should review the underground parking in relation to theRFEs notedabove and sign off that it can withstand hydrostatic pressure in the event of floods. We trust the City will ensure appropriate stormwater management measures are implemented where applicable. Due to the presence of the floodplain, a portion of these lands are regulated by the GRCA under Ontario Regulation 150/06. As such, any development proposed within the regulated area will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. 3.Plan Review Fees The GRCA applies Plan Review Fees for Planning Actapplications located within GRCA areas of interest. Official Plan Amendment/Zoning By-law Amendment, with an applicable fee of $410 as per the 2019 fee schedule.With a copy of this correspondence, the applicant will be invoiced in the amount of$410.00. A separate fee will be required for a GRCA permit application. We trust this information is of assistance. If you have any questions or require additional information please contact the undersigned. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority c.c.Amanda Stellings, Polocorp, 379 Queen St S,Kitchener,ONN2G 1W8 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. Page 3of 3 1 - 96 DSD-21-005 - Appendix E 1 - 97 DSD-21-005 - Appendix E 1 - 98 DSD-21-005 - Appendix E Date:September 22, 2020 To:Katie Anderl, Senior Planner From:Victoria Grohn, Planner (Heritage) cc: Subject:OPA19/003/M/KA ZBA19/003/M/KA 19-41 Mill Street Heritage Planning Comments Heritage Planning staff has reviewed the Scoped Heritage Impact Assessment, Urban Design Guidelines, Site Plan, Shadow Impact Analysis and Angular Plane submitted in support of Official Plan Amendment application OPA19/003/M/KA and Zoning By-law Amendment application ZBA19/003/M/KA regarding 19-41 Mill Street. Current Heritage Status of Subject and Adjacent Properties The subject property contains six (6) residential buildings and does not contain cultural heritage resources. However, the properties municipally addressed as 19 and 25 Mill Street were previously on the Heritage Kitchener Inventory of Historic Buildings. These properties were re- evaluated in 2009-2010 as part of the Council-approved process to list properties on the Municipal Heritage Register. The Municipal Heritage Register Sub-Committee (a sub-committee of Heritage Kitchener) recommended that the property municipally addressed as 19 Mill Street not be included on the Municipal Heritage Register. Heritage Planning staff and the Municipal Heritage Register Sub-Committee recommended that the property municipally addressed as 25 Mill Street be listed on the Municipal Heritage Register. This recommendation was brought to Council for consideration. Council made a decision not to list 25 Mill Street on the Municipal Heritage Register. As such, the properties municipally addressed as 19 and 25 Mill Street do not have status under the Ontario Heritage Act. The subject lands are adjacent to 541, 551 and 561 Queen Street South, which are properties designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area Heritage Conservation District. The subject lands are also adjacent to 45 Mill Street, which is a designated property under Part IV of the Ontario Heritage Act. Policy 2.6.3 of the Provincial Policy Statement(2020)states that authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 1 - 99 DSD-21-005 - Appendix E Conclusions and Recommendations of the Scoped Heritage Impact Assessment A scoped HIA was prepared by CHC Limited, dated August 14, 2019, revised October 10, 2019 and updated September 9, 2020. The development proposal assessed in October 2019 contemplated an 8-10 storey multiple residential dwelling, with a 3-storey podium. The revised development proposal, as assessed through the September 9, 2020HIA, contemplates a 7-12 storey multiple residential dwelling, with a 3-storey podium. The revised development proposal shifts the building mass and configuration, introduces greater stepping to the building height, building setbacks, and reconfigures the parking garage. In addition, the building heighthas been reduced and the building separation increased between the proposed development and 45 Mill Street as a means to minimize impacts on the individually designated heritage property. The HIA evaluated the impact of the proposed development on the adjacent designated heritage properties and recommends the following mitigation strategies to avoid or reduce impacts: Utilizing stepbacks from Mill Street to reduce the sense of height; Employing an angular plane of less than 60 degrees throughout the development; Integrating a sawtooth pattern to orient the townhouses in the same manner as the existing neighbourhing homes; Selecting red or buff brick to be strategically used on the townhouse facades to reinforce th the streetscape character, as well as design cues from the adjacent 19century homes; Blending building materials (i.e. red or buff brick and contrasting contemporary materials) to break up the building mass, creating a distinct character between the building components; and Undertaking a pre-construction survey of 45 Mill Street to evaluate potential impacts of construction as a condition of a Site Plan Application. The HIA concludes that while the proposed development is greater in height than the six residential dwellings presently on site, no negative impacts on the heritage attributes of the Victoria Park Area Heritage Conservation District or the individually designated property at 45 Mill Street are expected if the recommended mitigation measures are implemented. Heritage Planning Staff Comments The findings and recommendations of the scoped HIA were presented and discussed at the December 3, 2019 meeting of Heritage Kitchener. Some of the concerns heard from committee members were centred around the height of the proposed development, potential shadow impacts on the adjacent property at 45 Mill Street, and the required contents of the HIA. The Terms of Reference for the HIA were scoped to address potential impacts on the adjacent protected heritage property. The subject property does notcontain protected heritage property as the existing dwellings were previously evaluated and addressed through a formal process. Heritage Planning staff agree that the anticipated impact of the proposed development and Official Plan and Zoning By-law amendments on the setting and character of the subject property is one of greater mass and height, but that the proposed development is expected to have minimal impact on the Victoria Park Area Heritage Conservation District and adjacent property addressed as45 Mill Street. Further, Heritage Planning staff address that a degree of mitigation can be achieved through building design and placement. As such, Heritage Planning staff recommend the following tools be used to address the findings of the HIA to mitigate impact: 1 - 100 DSD-21-005 - Appendix E Add special regulation provisions to the Zoning By-law to implement various mitigative measures associated with the design and location of the proposed development including establishing maximum or minimum setbacks and/or stepbacks; and Use Site Plan Control to implement urban design measures to achieve a design that complements the surrounding neighbourhood and adjacent designated heritage properties, as described in the HIA. Heritage Planning staff are of the opinion that the scoped Heritage Impact Assessment dated August 14, 2019, revised October 10, 2019 and updated September 9, 2020 and prepared by CHC Limited has satisfied the subject scoped terms of reference. Further, Heritage Planning staff conclude that implementation of the recommendations made in the Heritage Impact Assessment will address the conservation of built heritage resources, in compliance with Policy 2.6.1 of the Provincial Policy Statement (2020). 1 - 101 DSD-21-005 - Appendix E 1 - 102 DSD-21-005 - Appendix E 1 - 103 answered age) questions s are provided to the s an opportunity to express those i /consultant response meeting Summary of commentapplicant. This comments directly and to have by the applicant or City staff.Thank you for providing us with your main comments and concerns. Staff Response s on by the hat role reet lest people 2010 ? heritage . housing crisis in this and varies , tent cities, also planning rules you number of home ? rs had in swaying that ey do not be listed. W on what are a there are is too large There are e t a rehash of all the information s ss of the building that is being er h Has the developer seen the comments and questions that were provided to Katie. Is this jupermitted to go aheadThe maproposeddependinglook at. The proposal is three times what is currently permitted.There is an affordablecity. Tthe street, cannot afford the kind of rents that would be proposed here. How are we contemplating further condo developmentsHeritage value of 19 and 25 Mill SThe review was undertaken in Heritage Committee and the decision was made that ththat developedecision? Comment Meeting Minutes Mill Street Strange 41 - Name/Address21 Martin Street45 Street 19December 4, 2019Victoria Park Pavilion Staff Present: Katie Anderl (File Planner), Juliane vonWesterholt (Facilitator), Erika Kohek (Minutes), Victoria Grohn (Herit 1 - 104 through any further we have to hide and reached out development e to move it from the to get funding directed to Victoria Grohn, this project process is and what iven any status heard that concern . ty and Region There is no surface parking so all parking is eveloper is looking at affordability options The dwith the Ciprograms, looking to address through the right programs and resources to fit thistype/situationHeritage has already been addressed through a formal process where those properties were evaluated and not gquestions should beHeritage Planner with the City of Kitchener.Unknown if this option has been considered but options for this will be discussed. Affordability to the City and Region to understand what programs are in place. It is a planning matter but is different from what was proposed. Mass is how parking is addressed the parking, means we havsurface and wedge it between townhouses in the podium. added to the GFA of the building in the center of the podium. f There soon. Is there . etimes we just a waiting list of eeds to be units over the next eserve any part of e are not addressing - house idea is nice but ? The Region is looking at quote from the developer the idea of integrating but there is ar the demolition of the homes, to be added to the list affordable Has . 4 or 5 homes would be torn should be considered considerations of the trails and other resources surrounding the development.There was an article in the record which said that down and people would be evicted. was a particulthat caused concern the lack of affordable housing. Where are the people who live there currently goingto go? The housing crisis naddressed before further development of this typeIn regards tohas there been any talk or discussion opreserving parts of the homes?any compromise to prthe buildings?Concerns about affordable housing. Concerns about the existing housing being eliminatedaffordable housing into this developmentbeen consideredbuilding 600 10 or 11 years 4000 people with an additional expected 3000 peopleConcerns about the mass and height of this building. Town hland l Street 110 Hig - 42Road East149 Mill Street11 Dil 1 - 105 . h ation skyline s vari positively hen we W bed parking there is a we want to screen through orientation are able to proposed to align the tallest part unfortunately then forces the , desire to limit height impacts on ousfield for massing BThe City envisions a varied . . Consistent theme is to em he development. Device to try to e frontages and sides and compress the ndrew GFA This also means that we cessarily linked to the units. The project is xceeding only by 0.5 FSR when omitting the Reasons for 10 or 8 storeys asfor the streetscapeof the building to what is proposed and approved in the surrounding area. Call on Aare taking about FSR and density, they are related but not connected. Not necessarily tied to eacother, FSR is the amount of building on the site units. No one wants to see cars them. FSR applies to all built form whether it is an apartment or museum or parking. Extra FSR is not neeparkingin the built form which is positive but price. activate thbuilding inside whichbuilding up. Triedpedestrians as best as we couldof the buildingNot just individual buildings, but each building itself. So that is part of the reason for going with the 10 storey on the short arm which readvertically and contrasted to the longer horizontal element to create variation and break down the massing of tmitigate against some of the impacts and effects. ch in currently have been granted people as this proposal to exceed projects ? regulations. Those two exceeded regulations. thing existing not affordable for the living in this area.Why does this proposal have to exceedany regulations at all and by so muterms of height and mass? I have been involved in these meetings for the other two buildings for this neighbourhood. Both of those are doing the same the buildings align with what is proposed is because those approval to What considerations for environmental mitigations for stormwater runoff, permeable surfaces, a greenroof, things that will help to with the loss of the environment 1 - 106 . arking to then be once the . or this in house and is available Trail. We have spent a ngineer is not present, should not attempt to with underground parking Public process he reason for a podium was to avoid going o Have engaged a landscape architect and looked at trees, a greenroof, have reached out to the neighbourhood association to ask what we could do into the Green or Iron Horselot of time looking at the ground level facades. Taken a lot of considerations built form is finalized then those details will decided.We want to be as responsive to this as possible. Part of tinto the water tableStudies have been vetted by the GRCA and they are available publically. Puthe study has been providedview, but as a planner Ianswer.PUBLIC PROCESSThank you for expressing your concern.Appreciate the feedback and comment. Take that back to the design team and see what can be incorporating what exists. We do not have all the answers tonightThank you for stating your concern over the pratio and whether it is sufficient fdevelopment and during construction. I do New ? and sump and how this pay for rving the trees as Mario property? solid clay, on the comment putting parking right the ground is same the isappointed that none of you have Flooding this proposal is beside my house. What plans do you have to mitigate the water that runs right to the trail. You have studies but no ways or methods to mitigate flooding?Along not have a sump pump in my basement mechanical bills and maintain that pump when the water does come inWhat is your plan for presealong the trail andlandscaping will not provide the same value as what was originally there.I am daddressed that you will be dramatically changing our neighbourhoodis an emotional experience for the Bruder 45 Mill Street51 Mill Street 149 Mill Street19 Avenue 1 - 107 6, and the proposal - . and RES ity. comments your for the C same with FSR. If parking was not for underway to look at the overall larger area. tions for allowing this project to meet PARTSOnly going 2 storeys over the permitted, and due to parking and calculated the FSR would be at 2.5 FSR. PARTS and Neighbourhood design review. Directed to intensify and accommodate for growth in areas close to transit. All secondary plan areas are being examined for new designations and zoning. Through NPR, recommending a medium rise residential designation is only slightly above what is proposed. This is a development application being made and looking at this project specifically and justifying any relief from regulabroader goalsThank you park? On pressure the arking ome ? more construction ng to be pcome to this . We attended the meetings and there is workers are going to and know how this process when visitors . spaces, Bara residents herefor works. There are goiissues development and duringwhere are the other nearby residential streets. Why would you not design a project that fits with the existing zoningWant to note that there are sproactive aspects from the developer.Want to see them meet the required heightLower parking requirement for proposal. Many proposals use the park and nearby green aterloo 88 Bounds st W35 Highland Road West 1 - 108 . line . In the from Spoke reet r way on Mill all GFA plicant p ly well but is not A parking garage So a ening peak hours in to the Transportation Peak hour is highest udy in support of this screened Queen Street. I urn onto Queen St t xplanation of FSR provided left , some travelling the othe ity. Thank you. down here are delays. . Completed a st at morning peak hour, and afternoon peak it is a small amount that turn left in the (developer transportation engineer) ed Street , 45 trips dispersed in and out of the - Staff provided an eabove grade. Cannot go below grade because of the floodand groundwater/water table. believes an above grade, meets more City objectives and is better designJuliato concern over Milldevelopment. Found that evafternoon tvolume hour between 7 and 9am and between 4 and 6pm. Lookhour. The intersection operates fairunusual for the area. It is difficult at certain times to make a left turn. It will not get better because of growth and traffic along 40developmentStreet, some exiting right onto Queen Streetendafternoon. Information staff at the C , and a is it only reet ? in the ot what was FSR, establishes Was this n hildren from 0 to 12 and 9 natural spaces to accommodate ised my c on theseall the new development residents. Cannot be supportive of a proposal that removes affordable housing. When the city proposes anoccupied space?intended by the City when those regulations were put in placeApproval of this projectprecedent for height. Whaving them?I think that getting out of Mill Stturning left onto queen is a horror story. I saw in the images a woman with a stroller and people runningpresentation the developer just showed. Ra 1 Martin Street 61 Agnes Street2149 Mill Street 1 - 109 astle. Staff are with this project as well, with done with Bara C 4 members of the public. Will - Thank you.Thank you.Design does not address the design history, traffic signal at the intersection, types of materials.We are looking to start a small working group to work with the developer on this proposal. Similar to the exercise was looking to do thatapproximately 3explain that in more detail at the end of the meeting. re a I have omething by the City. who are already for 8 years. I it a lot and ruins lor t signatures in 2001 to put in ge in this neighbourhood. longer a private residential area. the intersection represents a o g to attract with this a. The glass frontage changes the idents years old. The traffic is so fast. I went door to door tsome form of speed controlThat petition was denied. Need sthat would protect the people that you are tryindevelopment. I was the ward councilwanted to bring up one key thing. heard about affordable housing. People are here because they want to see preservation of their neighbourhood. Planners to protect the neighbours resAs planners, putting a high rise in a residential area changes it. It is noThey leave in the morning and theynot part of the neighbourhoget to meet them. High rises should go elsewhere not in the established area. Design historic part of the city. What extent of the design reflects the cultural heritage of the areneighbourhood and does not fit. Townhouses should continue along the entire frontage. Tragedy to have traffic lights. Keep it to the existing zoning. Water Water Benton 140 Street South110 Street185 Street 1 - 110 Thank you for your comments.Thank you for your comment. ce a n, public t is just too was built, Castle building, that is not a good pl Bara When the original proposal was modergot input on design then. Entrance to the parking is right next to the heritage for it.No development is perfect. Our experience is that developers do listen.Please hear us when we say itall. Martin Street 14 1 - 111 1 - 112 1 - 113 1 - 114 1 - 115 1 - 116 1 - 117 1 - 118 1 - 119 1 - 120 1 - 121 1 - 122 1 - 123 1 - 124 1 - 125 1 - 126 1 - 127 1 - 128 1 - 129 1 - 130 1 - 131 1 - 132 1 - 133 1 - 134 1 - 135 1 - 136 1 - 137 1 - 138 1 - 139 1 - 140 1 - 141 1 - 142 1 - 143 1 - 144