HomeMy WebLinkAboutPSI Agenda - 2017-10-30
Planning & Strategic Initiatives Committee
Agenda
Monday, October 30, 2017
Council Chamber
Office of the City Clerk
Kitchener City Hall 7:00 p.m. – 8:00 p.m.
nd
200 King St. W. - 2 Floor
Kitchener ON N2G 4G7
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Chair - Councillor P. Singh Vice-Chair - Councillor K. Galloway-Sealock
Consent Items
The following matters are considered not to require debate and should be approved by one motion in
accordance with the recommendation contained in each staff report. A majority vote is required to discuss any
report listed as under this section.
None.
Delegations
Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum
of 5 minutes.
Item 1 - David Riley, SGL Planning and Design Inc.
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
does not make oral or written submissions to the City of Kitchener before the proposed applications are
considered, the person or public body may not be entitled to appeal the decision to the Ontario Municipal
Board and may not be added as a party to a hearing of an appeal before the Ontario Municipal Board.
1. CSD-17-075 - Draft Plan of Condominium - 30CDM-17204 (10 min)
- 900 Orr Court
- Mattamy (Kitchener) Ltd.
(Staff will provide a 5 minute presentation on this matter)
2. CSD-17-092 - Zone Change Application – ZC17/012/K/JVW (15 min)
- 319-331 and 345 King Street West
- Perimeter Development Corporation
(Staff will provide a 5 minute presentation on this matter)
Information Items
Unfinished Business List
Jaclyn Rodrigues
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: October 30, 2017
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Catherine Lowery, Junior Planner,519-741-2200 ext. 7071
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: September 20, 2017
REPORT NO.: CSD-17-075
SUBJECT: COMMON ELEMENTS CONDOMINIUM APPLICATION
30CDM-17204
900 ORR COURT
MATTAMY (KITCHENER) LIMITED
____________________________________________________________________________
RECOMMENDATION:
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990
c.P.13, as amended, and By-law 2002-64 as amended, hereby grants draft approval to
Common Elements Condominium Application 30CDM-17204 for 900 Orr Court in the City
of Kitchener, subject to the following conditions shown in Appendix A.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
The Planning Division received an application for a common elements plan of condominium
comprised of private roads, landscaped areas, and visitor parking spaces. The subject site is
located at 900 Orr Court.
This approval is for the common elements only. The owner of the subject lands, Mattamy
(Kitchener) Limited, is proposing to develop freehold townhouse units, all of which will be tied to
the common elements created through this application. The proposed townhouse development,
including location and number of units, conforms to the zoning and has already received final
site plan approval. The layout and type of units are not being considered as part of this
application.
The subject application is necessary to create the condominium ownership (tenure) of the
shared common elements, which will be tied to the future freehold townhouse units through a
subsequent part lot control application. Prior to registration of the condominium plans, the
development may proceed as a cluster townhouse project with rental tenure.
The Planning Act typically does not require a statutory public meeting for condominium
approvals, but it is a requirement for common elements condominiums. This is to ensure the
public is made aware that roads etc. will be privately owned and to ensure there are no
concerns with connection of the common element to municipal infrastructure. Agency circulation
identified no concerns in this regard.
Policy Conformity
Provincial Policy Statement
The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development
and use of land. The PPS promotes building healthy, liveable and safe communities, the
efficient development of lands and provision of a range of housing types and densities. The
proposed development is consistent with the PPS.
2017 Growth Plan for the Greater Golden Horseshoe
The subjDesignated Greenfield Areaas defined by the 2017 Growth
Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that
contributes to complete communities, creates street configurations that support walking, cycling
and sustained viability of transit services and which creates high quality public open spaces.
The proposal complies with the policies of the Growth Plan.
Regional Official Plan
The subject lands are within the Urban Designated Greenfield Areas as established in the
Regional Official Plan. The proposal, subject to the recommended conditions, satisfies the
policies of this plan.
Agency and Department Circulation
The subject application was circulated to all required agencies and City departments on March
27, 2017. The comments received (Appendix C) have either been considered or included as
conditions of draft approval.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
trategic vision
through the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications to the City.
COMMUNITY ENGAGEMENT:
Inform A newspaper notice will be published in the Record newspaper on October 6, 2017
advising the date of the public meeting to be held at the Planning and Strategic Initiatives
Committee Meeting on October 30, 2017. A copy of the notice B
CONCLUSION:
The recommendation contained in this report will create common elements (roads, landscaping,
and parking) that will later be tied to (shared between) freehold townhouses. The proposed
By-law and Provincial Plans, is compatible with surrounding land uses and represents good
planning. As such, staff recommends that Draft Plan of Condominium 30CDM-17204 for 900 Orr
Court be approved, subject to the conditions outlined in this report.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
Appendix A Draft Approval Conditions andProposed Draft Plan of Condominium
Appendix B Newspaper Advertisement
Appendix C Department and Agency Comments
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CSD-17-075 Appendix A
RE: Draft Approval of Common Element Condominium Application 30CDM-17204
900 Orr Court
Mattamy (Kitchener) Limited
1.That this approval applies to Draft Condominium 30CDM-17204 for Mattamy (Kitchener)
Limited, prepared by Rady-Pentek & Edward Surveying Ltd.,dated September 1, 2017,
and as shown on the attached Plan of Condominium prepared by the City of Kitchener,
dated September 1, 2017 proposing a common element plan of condominium comprised
of private roads, amenity area, landscaped areas, and visitor parking spaces.
2.That the final plan shall be prepared in general accordance with the above noted plan,
Review.
3.That the Owner su
Manager of Development Review, containing the following provisions:
i)provisions
Commissioner of Planning, Development and Legislative Services, regarding
ownership details and rights and obligations for common elements including, but
not limited to, access lanes, sanitary, storm and water services, and open
space/amenity areas, if any.
In addition, the Declaration shall contain specific provisions 3 ii) through 3 viii), as
ii)That the parking or storage of derelict vehicles or recreational vehicles on the
subject lands is prohibited.
iii)That private sidewalks, driveways and parking areas be maintained in a snow
free condition and void of any obstructions 12 months of the year.
iv)That the Condominium Corporation agrees to develop and maintain the subject
lands in compliance with approved Site Plan.
v)That access rights to Kitchener-Wilmot Hydro Inc. facilities on the subject
property will be maintained.
vi)That the home mail delivery will be from a designated Centralized Mail Box.
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CSD-17-075 Appendix A
vii)That easements, as may be required, for servicing and/or accessbetween
stagesacross the condominium lands are to be conveyed to: City of Kitchener,
Regional Municipality of Waterloo, Kitchener-Wilmot Hydro, Bell Canada and any
communication/telecommunication company.
viii)That the Condominium Corporation, would at their expense, be obligated to
implement and maintain the approved Salt Management Plan related to winter
snow and ice clearing.
4.That the Owner submit a draft of the executed declaration, with the provisions as
requir
Review.
5.That the Owner covenant and agree in writing to the City's Manager of Development
Review to register a Condominium Declaration which shall include the approved
provisions as required in Condition 3 hereof.
6.That the Owner shall provide an undertaking that the new home purchasers will be
advised in Offers of Purchase and Sale of the location of Centralized Mail Boxes.
7.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the
Revenue Division.
8.That the Owner shall make arrangements for the granting of any easements for utilities
and municipal services. The Owner agrees to comply with the following easement
procedure:
(a)to provide reference plan(s) showing the easements to Hydro, communication/
telecommunication companies, and the City, to the satisf
Manager of Development Review;
(b)to ensure that there are no conflicts between the desired locations for utility
Engineering Services for municipal services;
(c)to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/Enhancement Plan;
(d)if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the City, the Owner shall obtain prior written approval from
Manager of Development Review
General Manager of Community Services; and
(e)Manager of Development Review, a clearance letter from
each of Hydro, Bell Canada orother pertaining
communication/telecommunication companies. Such letter shall state that the
respective utility company has received all required grants of easements, or
alternatively, no easements are required.
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CSD-17-075 Appendix A
9.That the owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100
percent of the remaining cost of all outstanding and/or uncertified site development
iew.
i)The Letter(s) of Credit shall be kept in force until the completion and certification
of the required site development works in conformity with their approved designs.
If a Letter(s) of Credit is about to expire without renewal thereof and the site
works have not been complete and certified in conformity with the approved
design, the City may draw all of the funds so secured and hold them as security
to guarantee completion and/or certification, unless the City Solicitor is provide
with a renewal of the Letter(s) of Credit forthwith.
ii)In the event that the Owner fails to complete the required site development
agents of contractors may
enter on the lands and so complete and/or certify the required site development
works to the extent of the monies received under the Letter(s) of Credit. The cost
of completion of such works shall be deducted from the monies obtained from the
Letter(s) of Credit. In the event that there are required site development works
remaining to be completed, the City may by By-law exercise its authority under
Section 326 of the Municipal Act to have such works completed and to recover
expense incurred in doing so in like manner as municipal taxes.
iii)Other forms of performance security may be substituted for a Letter(s) of Credit
at the request of the Owner, provided that the approval is obtained from the City
Treasurer and City Solicitor.
10.That the Owner confirms that sufficient wire-line communication/telecommunication
infrastructure is currently available within the proposed development to provide
communication/telecommunication service to the proposed development to the
satisfaction of Bell Canada or other communication/telecommunication company.
11.That the project surveyors have provided their unqualified certification that the proposed
declaration for the proposed Common Elements Condominium have been approved by
the Registry Office and all signatures and certification required to permit its registration
have been included thereon, other than on the behalf of the City of Kitchener.
12.That the project solicitors has provided their unqualified certification that the proposed
declaration for the proposed Common Elements Condominium have been approved by
the Registry Office and all signatures and certification required to permit its registration
have been included thereon, other than on the behalf of the City of Kitchener.
13.That an irrevocable undertaking irrevocably authorized by the proposed Declarant has
declaration and description plans for the proposed Plan of Condominium forthwith upon:
i)Signing of the description plan approval or exemption box on the description
plans by the City of Kitchener and that the proposed Declarant undertakes to the
City of Kitchener that there shall be no conveyance of Parcels of Tied Land until
such time as the Plan of Condominium description and declaration have been
registered on title.
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CSD-17-075 Appendix A
14.That the Owner designate and sign 21 visitors parking spaces and 3 barrier-free parking
spaces on site.
15.That prior to the initial registration and subsequent amendment phases, the Owner shall
provide documentation indicating that any required rights-of-way for access and
easements for servicing, including the maintenance thereof, have been provided over
the lands included in preceding registrations as well as any adjacent development lands
Development Review.
Regional Municipality of Waterloo Conditions:
16.That the Owner makes provision in the Condominium Declaration for the implementation
of the accepted road salt management plan entitled,
related to outdoor winter maintenance
proced
Commissioner of Planning, Development and Legislative Services.
17.That prior to final approval of all or any part of this plan of condominium, the Owner enter
into an agreement with the City of Kitchener to provide implementation of the noise study
entitled, 5, Environmental Noise Assessment, 900 Orr
City of Kitchener Manager of Development Review.
Without limiting the foregoing, the agreement must include the following:
a)That all residential units on lands identified as Parts 6 to 13, 15 to 19, and 28 to
34 on the draft plan of condominium be constructed with a forced air-ducted
heating system suitably sized and designed to permit the future installation of a
central air conditioning system by the occupants.
b)That the following warning clause be included in all agreements of purchase and
sale and/or rental agreements for residential units on lands identified as Parts 6
to 13, 15 to 19, and 28 to 34 on the draft plan of condominium,
vised that despite the inclusion of noise control
features in the development and within the building units, sound levels due to
increasing road traffic on Huron Road may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo and the Ministry of the Environment and Climate
Change. This dwelling has been designed with provision of adding central air
conditioning by
the occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Region of Waterloo and the Ministry of the
E
c)That the residential unit on lands identified as Part 14 on the draft plan of
condominiumbe constructed with a forced air-ducted heating system suitably
sized and designed with a central air conditioning system.
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CSD-17-075 Appendix A
d)That the residential unit on lands identified as Part 14 on the draft plan of
condominium be designed and constructed with special building components for
windows and exterior walls as per sound transmission class ratings in Table 5 -
Sample Building Components of the above-noted Study, in order to achieve
indoor daytime and nighttime noise sound level criteria established in the Ministry
of the Environment and Climate Change Environmental Noise Guideline NPC-
300.
e)That prior to issuance of a building permit for the residential unit on lands
identified as Part 14 on the draft plan of condominium, that architectural details of
the building components required in d) above be verified by a Professional
Engineer qualified in acoustics to ensure required sound transmission class
ratings be acceptable to meet daytime and nighttime indoor sound level criteria of
the Ministry of the Environment and Climate Change Guideline NPC-300.
f)That the following warning clause be included in all agreements of purchase and
sale and/or rental agreements for the residential unit on lands identified as Part
14 on the draft plan of condominium,
features in the development and within the building units, sound levels due to
increasing road traffic on Huron Road may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo and the Ministry of the Environment and Climate
Change. This dwelling has been supplied with a central air conditioning system
which will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the Region of
Waterloo and the M
18.That the Owner provides the Regional Municipality of Waterloo with a draft of the final
Condominium Declaration for registration.
CLEARANCES:
1.
the Owner shall submit a detailed written submission outlining and documenting how
conditions 3 through 18 (inclusive) have been met. The submission shall include a brief
but complete statement detailing how each condition has been satisfied.
2.
the City of Kitchener is to be advised by the Commissioner of Planning, Development
and Legislative Service that Conditions 13 to 18 (inclusive) have been carried out to the
satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
Region shall include a brief but complete statement detailing how each condition has
been satisfied.
NOTES:
1.The owner is advised that the provisions of the Development Charge By-laws of the City
of Kitchener and Regional Municipality of Waterloo are applicable.
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CSD-17-075 Appendix A
2.The condominium plan for Registration must be in conformity with Ontario Regulation
43/96 as amended, under the Registry Act.
3.Draft approval will be reviewed by the Manager of Development Reviewfrom time to
time to determine whether draft approval should be maintained.
4.It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo Planning, Development and Legislative Service and the City of Kitchener
Community Services Department of any changes in ownership, agent, address and
phone number.
5.The owner is advised that the Regional Municipality of Waterloo has adopted By-law 05-
080, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a
tariff of fees for application, recirculation, draft approval, modification to draft approval
and registration release of plans of condominium.
6.This draft plan application was received on February 8, 2017 and deemed complete on
March 20, 2017, and shall be processed and finally disposed of under the Planning Act,
R.S.O. 1990, c. P.13, as amended by S.O. 2006, c.23 (Bill 51).
7.To ensure that a Regional Release is issued by the
Development and Legislative Services to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all Regional
conditions have been satisfied and the required clearance letters, agreements, prints of
plan to be registered, and any other required information or approvals have been
deposited with the Regional Planner responsible for the file, no later than December
15th. Regional staff cannot ensure that a Regional Release would be issued prior to
year end where the owner has failed to submit the appropriate documentation by this
date.
8.When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener. If
the plans comply with the terms of the approval, and the City has received assurance
from the Regional Municipality of Waterloo and applicable clearance agencies that the
signature will be endorsed on the plan and it will be forwarded to the Registry Office for
registration.
The following is required for registration and under The Registry Act and for our use:
Two (2)original mylar
Five (5)white paper prints
One (1)digital copy
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CSD-17-075
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED DRAFT PLAN OF COMMON ELEMENT CONDOMINIUM
UNDER THE SECTION 51 OF THE PLANNING ACT
900 Orr Court
The City of Kitchener has received an application for a Common Element Condominium comprised of private driveways,
landscaped areas, and visitor parking spaces. The land use has been established and conforms to the Zoning By-Law.
The layout of both sites has been approved through the site plan approval process and consists of freehold townhouse
units, which will be tied to the proposed Common Element Condominium.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, OCTOBER 30, 2017 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2 FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in
opposition to, the above noted proposal. If a person or public body does not make oral submissions at this public
meeting or make a written submission prior to approval/refusal of this proposal, the person or public body is not
entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of
an appeal unless there are reasonable grounds in the opinion of the Board.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the
agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the
th
appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between
8:30 a.m. - 5:00 p.m. (Monday to Friday).
Catherine Lowery, Junior Planner - 519-741-2200 ext. 7071 (TTY: 1-866-969-9994), Catherine.Lowery@kitchener.ca
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CSD-17-075Appendix"C"
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5
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: October 30, 2017
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Juliane vonWesterholt, Senior Planner
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: September 27, 2017
REPORT NO.: CSD-17-092
SUBJECT: ZONING BY-LAW AMENDMENT ZC17/012/K/JVW
319-331 and 345 KING STREET WEST
PERIMETER DEVELOPMENT CORPORATION
___________________________________________________________________
RECOMMENDATION:
A. That Council approve the proposed Zone Change Application ZC17/012/K/JVW for
Perimeter Development Corporation requesting a change from -
-Retail Core with Special Regulations 702R AND 703Ron the parcel of land
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in the form shown in
-October 30, 2017, attached to Report CSD 17-092as
AND FURTHER,
B.That the Urban Design Reportdated June 2017, and attached to Report CSD-17-
092Cbe adopted, and that staffbe directed to apply the Urban
Design Brief through the Site Plan Approval process.
REPORT:
The owner,Perimeter Development Corporation, is proposing to amend the zoning of the
subject lands to permit a6 storey office building (14,361 square metres), with special
regulations permitting a maximum Floor Space Ratio (FSR) of 6.0 from the currently permitted
FSR of 2.0. In addition the applicant is seeking to obtain the increase in FSR through the
provision of community benefits in accordance with the bonusing provisions of Section 17.E.17
the Official Plan. The applicant is seeking a reduction in the required parking for this downtown
location from the required 188 parking spaces to 123 spaces, at a rate of 1 space per 120
square metres of Gross Floor Area (GFA) and is proposing no required parking for the ground
floor commercial uses (446 square metres) proposed. Lastly, the zoning by-law currently
restricts the height of buildings along King Street to a maximum elevation of 12.0 metres within
6.0 metres of the front lot line, whereas the applicant is seeking a maximum height of 25 metres
within 1.0 metres of King Street with any increases beyond this requiring a 5.0 metres stepback.
Staff recommends that the proposed Zone Change be approved as shown on the attached By-
.
Policy Context
Provincial Policy Statement (2014)
The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development
and use of land. The PPS promotes efficient development and land use patterns and directs
growth to occur within settlement areas and encourages their vitality and regeneration through
intensification in a compact urban form with a mix of land uses. Policies identify that land use
patterns shall be based on densities which efficiently use land, resources, infrastructure and
public service facilities. It encourages developments which are transit-supportive, and promotes
healthy and active communities.Staff is of the opinion that the proposed Zone Change is
consistent with PPS policies.
2006 Growth Plan for the Greater Golden Horseshoe
The subject lands are designated as part of the Urban Growth Centre (UGC) for the City of
Kitchener and are located within the Major Transit Station Area (MTSA). The Growth Plan
policies state that new development taking pace in UGC and MTSA areas will be planned,
designated, zoned and designed as focal areas for investment in region wide public services as
well as commercial, recreational, cultural and entertainment uses to create complete
communities, with a density and urban form that supports major transit infrastructure and serve
as high density major employment centres. Staff is of the opinion that the subject applications
comply with the policies of the Growth Plan.
Regional Official Plan
The subject lands are within the Urban Area established in the Regional Official Plan.Regional
policies generally promote the establishment of a full range of land uses that promote efficient
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land use patterns that support alternative modes of transportation including transit, walking and
cycling. The proposed Official Plan Amendment and Zone Change comply with the Regional
Official Plan.
Municipal Policy Considerations
Official Plan 2014
Urban Structure
The subject lands are located within the Urban Growth Centre (UGC). The UGC is planned to
achieve, by2031or earlier, a minimum density of225 residents and jobs combined per hectare
and assist in achieving the minimum residential intensification target. Itis intended tobe the
primary focal point for residential intensification as well as for investment in institutional
and region-wide public services, commercial, office, recreational, cultural and entertainment
uses.
Land Use Designation
(OP) and is located
in the heart of the Downtown Core. The commercial uses along the ground floor of King Street
have historically been developed at a pedestrian scale with narrow store fronts with frequent
entrances for pedestrians and the intent is to maintain this pedestrian appeal while evolving into
a compact urban setting with taller buildings, lively streets and a stylish mix of shops,
restaurants, bars, cultural and entertainment uses. The City Centre is also characterized by
larger major office sites as well as small mixed use developments.
The predominant uses along King Street ground floor shall be retail, restaurants with residential,
office, and personal services on the upper floors in accordance with policy15.D.2.35. A
minimum Floor Space Ratio (FSR) of 1.0 and a maximum of 3.0 is applied to new development
in accordance with policy 15.D.2.39. The applicant has requested a maximum FSR of 6.0 and
has requested Zone change. An Official Plan Amendment is not required as the OP allows for
FSR increases through bonusing in accordance with the policies.
The maximum Floor Space Ratio for all new development and redevelopment of 3.0 may be
increased through the bonusing provisions of the Zoning By-law in exchange for the provision of
community benefits. Section 17.E.17 of the Official Plan permits bonusing to increase the height
and FSR of a development in exchange for community benefits listed in 17.E.17.2 so long as
the proposed increases support the vision of the plan, constitutes good planning and is
supported by urban design and is compatible with the adjacent properties and the surrounding
area. The applicant has proposed the following community benefits in support of the increase in
FSR from 3.0 to 6.0:
Transportation Demand Management (TDM) measures including Class A or B bicycle
stalls; shower and change facilities; dedicated bicycle share spaces as well as dedicated
motor vehicle share space;
Equivalent to LEED standards Designincluding the equivalent a LEED Gold rating;
Architectural Excellenceincluding the highest quality building and streetscape design
by Diamond Schmitt Architects-Toronto
Outdoor public amenity area- including landscaping, seating, protection from the
elements as well as art in the public realm component along King Street as well as the
lane along the north side of the property
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As the subject lands are located within both the Urban Growth Centre(UGC) as well as the
PARTS Central Major Transit Station Area (MTSA), the use of bonusing is strongly encouraged
in accordance with policy 17.E.17.3. A Section 37 agreement will be required and the specific
items to be bonused for have to be incorporated into the amending bylaw. Items to be provided
in exchange for increased density may include, but is not limited to, LEED certification, energy
or water conservation, TDM measures, public art, transit infrastructure, public amenity areas,
public parking and others on the list in the OP under Section 17.E.17.2.The items proposed by
the applicant are consistent with the OP direction on community benefits to be provided in
exchange for density increases and therefore meets the intent of the OP.
The OP indicates that all development and redevelopment will have regard for the contribution
to the public realm through the design of public, semi-public and private spaces and buildings.
The City may require new buildings to be set back from the street line to accommodate
continuous landscaped promenades for sitting and walking. The City will encourage the
enhancement of the portion of the streetscape along the King Street frontage of the subject
lands to soften the bold building edges by maximizing the planting of street trees and the
incorporation of decorative landscaping and public art. In this regard, the City will work with the
applicant to ensure that opportunities for enhanced public realm spaces are explored.
Section 15.D.2.3 of the Official Plan indicates that transit supportive uses are vital to the
downtown, and that this area is intended to serve as a high density major employment area as
density shown would meet this transit supportive employment objective.
The strategy outlines where new development will take place within our city to ensure it's
complementary to our community priorities, and aligned with our future infrastructure
investmentsAch
means the City will actively work on applications towards an approval.
Proposed Zoning By-law Amendment
The subject lands are zoned D-1 Retail Core Zone, which permits a variety of uses including
office and retail uses up to a maximum FSR of 2.0. A zone change is required to in order to
accommodate the 6 storey,14,361 square metres proposed mixed use office and commercial
building,including approximately 446m2 of at-grade retail uses.
In this regard, the applicant is seeking a zone change for the following:
to allow this increase in FSR from 2.0 to 3.0 with the additional 3.0 FSR to be provided in
exchange for community benefits listed in this report to be secured through a Section 37
Agreement to a maximum FSR of 6.0;
amaximum of 123 parking spaces at a rate of 1 space per 120 square metres of Gross
Floor Area (GFA) of office uses;
a minimum of 41 Class A bicycle parking spaces and 28 Class B bicycle spaces;
a minimum of 2electric vehicle spaces and charging units (2% of total spaces provided);
aminimum of 1car share space;
a minimum of 2 shower facilities at approximately 8 m squared each;
a maximum building height of 25 metres within 1.0m of the front lot line;
where building height exceeds 25 metres a minimum 5.0 metres step back will be
required from the front lot line;
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an encroachment of architectural feature (cantilevered canopy) into the front yard to
within 0.09metres of the front lot line;
the following community benefits will be provided in exchange for increased density and
will be included in the Section 37 agreement:
TDM measures including bicycle parking stalls, shower facilities, car share
space(s), electric car space (s);
Public amenity space of approximately 223m2 in size with seating, landscaping and
art in the public realm ;
Leed equivalent Design ; and
Architectural Excellence
Urban Design Considerations
FSR considerations
Through the special regulation noted above coupled with the provision of community benefits in
accordance with the bonusing provisions of Section 17.E.17 the Official Plan, staff is supportive
of the increase in FSR from 2.0 to 3.0 with an additional 3.0 FSR to be permitted in exchange
for community benefits listed above to be secured through as Section 37 Agreement to a
maximum of 6.0 FSR for the site.The applicant will be required to provide the items listed above
in exchange for the increase in density being sought and will be further required to enter into a
Section 37 Agreement to be registered on title. In addition, any necessary securities to ensure
that these community benefits are implemented as part of the completed development will be
required. The proposed increase to 6.0 FSR would permit the proposed 6 storey building which
is appropriate in scale and massing for the downtown core.
Built Form design considerations
Additional regulations will be incorporated into the by-law to regulate angular plane. Currently
the D1 zone restricts the height of a building that is located within 6 metres from the property
line to 12 metres in height before requiring a step back. Angular plane is intended to address
human scale, provide transition between building heights, to allow for additional sunlight on the
street by requiring a step back of 5 metres for every 12 metres of height. This regulation in its
current form is too prohibitive, as it would only permit up to 3 storey buildings with only one built
form design (wedding cake) and would not encourage creative design solutions that could
achieve the same design objectives concerning human scale, sun/shadow impact,and
transition.
In this scenario, a 5 metres step back is required after 3 storeys in height. For example, this
would not even permit the existing Walper Terrace building along King Street in its present form,
as it is 5 storeys in height. This is an example where staff is of the opinion that the proposed
building continues to be at an appropriate pedestrian scale, but the existing regulation would not
allow this built form to be constructed. Staff is supportive of the request of the applicant to
permit a building with a height of 25 metres within 1 metres of the property line with a further
requirement to provide a 5 metres step back for the portion of the building in excess of 25
metres, as this will continue to meet the intent of the angular plane, while providing some design
flexibility. The scale of the proposed building continues to meet the intent of the zoning by-law
regarding these design considerations and would allow the 6 storey building to be constructed
with a minimum 5.0 metres step back for the sixth storey.The proposed design will also require
a special regulation to permit an Architectural Feature (cantilevered overhanging canopy) to
encroach into the front yard to within 0.09 metres of the front lot line in order to allow the
2 - 5
creative design of the building to proceed as originally conceptualized. Staff considers this to be
an appropriate height for King Street, as this continues to be good planning and the design
objectives mentioned above are not compromised by allowing some additional flexibility in the
by-law in order to achieve a variety of creative built form options. The application was
supported by an Urban Design Report which provided rationale for the site specific zoning
Architectural Excellence
The applicant has indicated that as part of the community benefits in exchange for the increase
in density through bonusing, the proposed development will achieve architectural excellence.
This expectation will be secured as part of the Section 37 Agreement to be registered on title.
As a building within the City Centre District within the downtown, Policy 15.D.2.27 of the Official
Plan expects a high quality of urban design of the buildings, elevation, massing, storefronts,
signs, patios and public spaces to enhance street life and create local pride and interest. The
City has committed to encouraging innovation and architectural excellence in urban
development. Through policy 11.C.1.1 the City will require high quality urban design in the
review of development applications. This site also contains lands that were sold to the applicant
by the City and the Request for Proposal also expects a high quality of design. Staff will ensure
that the level of design excellence that is expected will be achieved in working with the applicant
and Diamond Schmitt Architects through the Site Plan Approval Process.
Public Amenity Space
A Public Amenity Space having an area of 223 square metres will be provided as a community
benefit in exchange for the increase in density through bonusing. This space will be designed to
be accessible to the general public for recreation or public gathering. This space will include but
not be limited to features such as seating, landscaping (hard and soft landscaping features) and
and materials, as this site is located in a prominent location in the downtown. In addition, the
public lane space will also be used as a place to gather and sit during the summer months,
when vehicular traffic will be prohibited from the lane. The details of the materials to be used for
these spaces will be finalized through the Site Plan Approval Process.
Shadow Impact Study
The owner has completed a Shadow Impact Study as part of the Urban Design Report. The
shadow study demonstrates that there are no adverse shadow impacts on King Street as a
result of this development and that the difference regarding sun/shadow impacts from a 4 storey
building to a 6 storey building are discernable.
Parking considerations
The applicant is also seeking a reduction in the required parking for this downtown location from
the required 188 parking spaces to 123 spaces, at a rate of 1 space per 120 square metres for
every 1metres of Gross Floor Area (GFA) and is proposing no parking for the ground floor
comprised of (446 square metres) for commercial uses. This latter request is already permitted
within the Retail Core D-1 zone and is not therefore required as a site specific request. The
site is located in the Downtown Core and is located within a 5 minute walk to the existing Grand
River Transit station at Charles and Gaukel and the future Multi Modal Hub. As a site within the
Parts Central MTSA, consideration could be given to reduction in the parking requirements.
Currently, -law is undergoing a Comprehensive Review (Crozby) and the
first draft is proposing zero parking spaces for the first 10,000 square metres of office space
rates for downtown sites, with a 1 space for every 69 metres squared after that. The direction to
reduce the required parking spaces required in the downtown is consistent with the trend to
2 - 6
require less parking in the Core. However, a site does not have to provide zero spaces for the
first 10,000 square metres, they can provide parking to meet their needs. In this case, the
applicant has secured a tenant that has requested the rate proposed for the subject lands of 1
space for every 120 square metres of GFA. This is more conservative than the current Crozby
direction, which would require approximately 51 spaces, but results in fewer spaces than the
current zoning by-law would require.
The reduction in parking has been supported by a TDM checklist and parking analysis to the
satisfaction of Transportation Services. The applicant will also be required as part of the Section
37Agreement to provide 1 car share space(s); ycle spaces;2
electric car space(s) as well as 2shower stalls for those persons choosing to cycle to work as
agreed to TDM community benefits. TDM measures as noted above are to be incorporated into
the development, which would encourage the use of alternative modes of transportation besides
the automobile such as cycling or walking. The site is on an iXpress transit line with a bus
coming every 5-7minutes and will be within a 2 to 3 minute walk to the nearest transit station for
the Light Rail Transit ION once operational. Information provided by the applicant suggests
that demographics regarding office workers indicate that there is less reliance on the automobile
to reach destinations and as this Region evolves this trend is expected to continue. Similarly,
the applicant has noticed less automobile dependency in the leasing of other similar buildings
that he owns, also confirming a shift in behaviour regarding the automobile.For all these
reasons a reduced parking rate as indicated above is supported by staff.
Sustainability Features
The Design Guidelines also contemplate sustainability features for the site. These include the
encouragement of the use of energy efficient construction practices, building technologies, and
mechanical systems. The site is well situated to transit and is within the MTSA, with 3 LRT
stations within a 5 minute walk thus providing options for alternative modes of transportation to
a vehicle. In addition, the applicant has indicated as part of the community benefits for the
bonusing in exchange for increased density as permitted by the Official Plan and will be secured
by a Section 37 agreement, the building will achieve the equivalent of a LEED Gold standing.
The applicant has also indicated that TDM measures such as bicycle parking stalls, e-car
parking, car share space(s) and shower facilities have been included in the design as additional
benefits to the community. These measures will also encourage the use of transit supportive
alternative modes of transportation.
Urban Design Report
Staff supports the proposed Urban Design Report and is of the opinion that this should be used
to guide the future development of the site through the Site Plan Process. A complete copy of
the Urban Design Report Cs that Council adopt
the attached Urban Design Report and that staff be directed to apply the Guidelines contained
within the Design Report through the future Site Plan Approval process.
Requirements of the RFP for the sale of these lands by the City
As part of the RFP for the purchase of these lands from The City of Kitchener, the site will
provide public parking in the parking garage after 5:00pm. The applicant has indicated that there
will be 123 spaces available for public use in the evenings and on weekends.
In addition, as part of the sale of these lands to the applicant, the City required that a 5m wide
lane be provided that woul
and it is intended that this lane be used for both vehicular traffic and pedestrian usage for 3
2 - 7
years and then be converted to a pedestrian only connection after that time has lapsed. This
item was a request of Council and has been incorporated into the design of this site. The details
of the materials to be used will be finalized at the Site Plan Approval stage.
CPTED
Crime Prevention Through Environmental Design (CPTED) principles are also required to be
incorporated into the future development of the lands as part of the Site Plan Approval Process.
These include Access Control, Surveillance, Territorial Reinforcement, and site Maintenance.
The details of these elements will be discussed in a separate CPTED report and will form part of
the review at the Site Plan Approval process.
Planning Analysis:
In considering the foregoing, Staff is supportive of the proposed Zone Change. In this regard,
Staff is of the opinion that the proposed zoning is consistent with the relevant sections of the
Official Plan policies which are now in effect and is appropriate for the development and use of
the lands within the context of the downtown.
Staff is further of the opinion that the proposed development will provide additional major
employment in the UGC and will complement the fabric of the downtown core. The Urban
Design Report will further help to ensure a high quality design through the site plan approval
process. The proposed Zoning Bylaw Amendment is consistent with the Provincial Policy
Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies
Plan. Staff is of the opinion that the proposed Zone Change represent good planning.
Planning Analysis:
In the opinion of Staff, the application to approve the Zoning By-law is considered good
planning for the following reasons:
The proposed development New Official Plan, ROP
and PPS.
Staff is satisfied with the technical review and has incorporated any requirements
throughout the process.
The design for this site will achieve architectural design excellence including
sustainability elements the equivalent of LEED Gold standards.
The proposed development helps to achieve objectives for creating vibrant places in our
Downtown as well as providing a project with high quality design.
The proposed development provides for major employment within the UGC that is transit
supportive.
The site provides access to parking for the public use after 5:00pm.
In considering the foregoing, Staff is recommending the approval of the Zone Change
application.
AGENCY COMMENTS:
Commenting agencies and City departments have no concerns with the proposed Zone
Change. Special Policies, Special Regulation Provisions have been added as appropriate.
NEIGHBOURHOOD COMMENTS:
There were no written responses from the neighbourhood.
2 - 8
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
through the delivery of core services.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with these recommendations.
COMMUNITY ENGAGEMENT:
Circulation of the application for Zone Change was undertaken inAugust of 2017 to agencies
and to all property owners within 120 metres of the subject lands. As a result of this circulation,
staff received nowritten responses from property owners and a NIM was not held as a result.
CONCLUSION:
City of Kitchener staff supports the proposed Zone Change application. Staff is of the opinion
that the proposed 6 storey mixed use building containing office and retail uses is desirable for
the future development of the subject lands and that the proposed regulations will guide the
development to ensure that the site is developed appropriately andwithin the context of the
downtown. The requested Zoning Bylaw Amendment is consistent with the Provincial Policy
Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan and
represents good planning.Planning staff recommends that Zoning By-law Amendment
application be approved as outlined in this planning report and the draft Zoning By-law as
.
REVIEWED BY: Della Ross, Director of Planning
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
Attachments:
AProposed Zoning By-law & Map 1
BNotice
CReport
D
2 - 9
CSD-17-092 - Appendix A
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law No. 85-1, as amended, known as the
Zoning By-law for the City of Kitchener
Perimeter Development Corporation
and 2329535 Ontario Ltd.
- 319-331 and 345 King Street West)
WHEREAS it is deemed expedient to amend Zoning By-law 85-1;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
1. Schedule Number 84 of Appendix A to By-law 85-1is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as
Area 1 on Map No. 1, attached hereto, from Retail Core Zone (D-1)to Retail Core
Zone (D-1) with Special Regulation Provisions 702R and 703R.
2. Schedule Number 84-law Number 85-1is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1
attached hereto.
3.-law 85-1 is hereby amended by adding Section 702R thereto
as follows:
702. Notwithstanding Sections 5.6.3 and 14.3 of this By-law, within the
lands shown on Schedule Number 84
special regulations shall apply:
i) The minimum floor space ratio shall be 1.0;
ii) The maximum floor space ratio shall be 3.0;
iii) An additional floor space ratio of 3.0 shall be provided in
exchange for community benefits set out in this by-law and
secured through a Section 37 Agreement for a total maximum
for the site of 6.0;
iv) The maximum building height shall be 30.5 metres;
2 - 10
CSD-17-092 - Appendix A
v) No part of a building set back less than 1.0 metres from King
Street shall exceed 27 metres in height. For any portion of a
building exceeding 27 metres in height within 1.0 metres of
King Street, a minimum building step back of 5.0 metres is
required; and,
vi) Architectural features such as a cantilevered overhead
canopy may extend into the front yard to within 0.09 metres of
the front lot line.
4. to By-law 85-1 is hereby amended by adding Section 703R thereto
as follows:
703. Notwithstanding Section 6.1 of this By-law, within the lands shown
regulations shall apply:
i) The maximum parking for the subject lands shall be 123
spaces;
ii) All required parking for the subject lands shall be calculated at
a ratio of 1.0 space per 120 square metres of Gross Floor
Area;
iii) A minimum of 2parking spaces of the total number of parking
spaces is required for electric vehicle parking;
iv) A minimum of 41 Class(A) and 28 Class(B) bicycle parking
spaces will be required;
v) A minimum of 2 showers located each within 8 square metres
of shower and change facilities will be required; and,
vi) A minimum of 1 car share
5. Pursuant to Section 37 of the Planning Act, the heights and density of
development permitted by this By-law are permitted subject to compliance with the
conditions set out in this By-law and in return for the provision by the owner of the
site the following community benefits listed below, the provisions of which shall be
2 - 11
CSD-17-092 - Appendix A
secured by an agreement pursuant to Section 37 of the Planning Act:
i) Transportation Demand Measures including, bicycle parking
stalls, shower facilities, car share space(s), electric car
space(s);
ii) The professionally certified equivalent to LEED Gold
standards for sustainable building design;
iii) Architectural excellence in building design;
iv) Provision of an outdoor amenity area that is accessible to the
public and includes, high quality landscaping and materials,
public seating, and art in the public realm.
6. Upon execution and registration of an agreement with the owner or the site,
pursuant to Section 37 of the Planning Act, securing the provisions of the
facilities, services and matters listed in Section 4 above, the site is subject to the
provisions of this By-law, provided that in the event the said agreement requires
the provision of a facility, service or matter as a precondition to the issuance of a
building permit, the owner may not erect or use such building until the owner has
satisfied the said requirements.
PASSED at the Council Chambers in the City of Kitchener this day of
,2017.
Mayor
Clerk
2 - 12
CSD-17-092 - Appendix A
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2 - 13
CSD-17-092 - Appendix B
Advertised in The Record October 6th, 2017
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED AMENDMENT TO THE CITY OF KITCHENER ZONING BY-LAW
UNDER THE APPLICABLE SECTION 34 OF THE PLANNING ACT
319-331 and 345 King Street West
The City of Kitchener has received a Zone Change application for the subject lands. The lands are proposed to be
rezoned from Retail Core Zone (D-1) to Retail Core Zone (D-1) with Special Regulations 702 R and 703R. This will permit
the redevelopment of the site for a six storey office building with ground floor retail along King Street.
Planning and Strategic Initiatives Committee, a Committee of Council
which deals with planning matters on:
th
MONDAY, October 30 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2 FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER.
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in
opposition to, the above noted proposal. If a person or public body does not make oral submissions at this public
meeting or make a written submission prior to approval/refusal of these proposals, the person or public body is
not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the
hearing of an appeal unless there are reasonable grounds in the opinion of the Board.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the
agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the
th
appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between
8:30 a.m. - 5:00 p.m. (Monday to Friday).
Juliane von Westerholt, Senior Planner, 519-741-2200 ex.7157 ((TTY: 1-866-969-9994),
juliane.vonwesterholt@kitchener.ca
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix C
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CSD-17-092 - Appendix D
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CSD-17-092 - Appendix D
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PLANNING & STRATEGIC INITIATIVES COMMITTEE
Page 1 UNFINISHED BUSINESS2017-10-30
SUBJECT (INITIATOR) DATETARGET STAFF
INITIALLY DATE/STATUS ASSIGNED
CONSIDERED
Financial implications analysis of enhanced 2012-06-18Future PSI B.Sloan
streetscape options for Fischer Hallman Rd design (PSI)Meeting
improvements (over and above baseline capital and
operating budgets)
Feasibility and implications of being designated 2016-10-03End of 2017 A.Pinard
approval authority for amendments to Kitchener’s
Official Plan (CSD-16-053)
IF1 - 1