HomeMy WebLinkAboutPSI Agenda - 2018-03-05
Planning & Strategic Initiatives Committee
Agenda
Monday, March 5, 2018
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
Page 1
Chair - Councillor P. Singh Vice-Chair – Councillor B. Ioannidis
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.
None.
Discussion Items
1. CSD-18-025 - Zone Change Application – ZC17/013/B/CD (15 min)
- 1531 & 1643 Bleams Road
- Freedom in Christ Pentecostal Assembly and South Estates (Kitchener) Ltd.
(Staff will provide a 5 minute presentation on this matter)
2. CSD-18-023 - Zone Change Application – ZC17/017/V/JVW (30 min)
- 114-120 Victoria Street South
- 114-120 Victoria Street South Inc.
(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: March 5, 2018
SUBMITTED BY: Alain Pinard,Director of Planning,519-741-2200 ext. 7319
PREPARED BY: Craig Dumart,Junior Planner,519-741-2200 ext. 7073
WARD INVOLVED: Ward 5
DATE OF REPORT: January 30, 2018
REPORT NO.: CSD-18-025
SUBJECT: ZONE CHANGE APPLICATION
ZC17/013/B/CD
1643 and 1531 Bleams Road
Freedom in Christ Pentecostal Assembly and South Estates
(Kitchener) Limited
___________________________________________________________________________
*** 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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RECOMMENDATION:
That application ZC17/013/B/CD (Freedom in Christ Pentecostal Assembly andSouth
Estates (Kitchener) Limited.), for the purpose of changing the zoning of the subject
properties as follows:
1643 Bleams Road: from Agriculture (A-1) to Neighbourhood Institutional Zone (I-1) with
Special Regulation 715R, Open Space Zone (P-2), and Residential Six Zone (R-6) with
Special Regulation Provisions 671R, 672R, and 674R, andNeighbourhood Institutional
Zone (I-1) with Special Use Provision 464U and with Holding Provisions 81H and 24HSR
1531 Bleams road Block 296 on Draft Plan of Subdivision 30T-08206: from Residential Six
Zone (R-6) with Special Regulations 671R, 672R, and674R to Neighbourhood Institutional
Zone (I-1) on the parcelsof land specified and is
No. 1,be approved-January 20,2018,
attached to Report CSD-18-025
REPORT:
Summary of Proposal
The subject lands at 1643 and 1531 Bleams road (Block 296 on Draft Plan of Subdivision 30T-
08206), are located in the Southwest Urban Area of the City of Kitchener, on the south side of
Bleams Road, west of the intersection of Fischer Hallman and Bleams Road. 1643 Bleams
Road is currently developed with an existing Religious Institution building, asurface parking lot,
a single detached dwelling, a storage shed and recreational sports fields. All the existing
structures are located towards the front half of the subject property while the remaining property
is open space. The subject lands on 1531 Bleams Road are located on Block 296 on Draft Plan
of Subdivision 30T-08206. These lands have been included as part of the application as the two
owners have arranged to exchange lands. The land swap will provide the Religious Institution
additional land along the east property line and a future secondary road access on Forestwalk
Street in Subdivision 30T-08206. The subdivision lands will be able to consolidate lots.
The owner of the lands, Freedom in Christ Pentecostal Assembly, and South Estates
(Kitchener) Limited,are proposing to amend the zoning of the subject lands to allow the existing
Religious Institutional use to continue to operate and to allow for future residential development
on a portion of the lands. The owners have proposed the following zoning for the subject lands:
Proposed Zoning Summary:
See the
Area 1, the portion of subject lands with frontage along Bleams Road is proposed to be
changed from Agricultural one (A-1) toNeighbourhood Institutional zone (I-1)with
Special Regulation Provision 715Rand Holding Provision24HSR.This new zoning will
allow for the existing Religious Institution to continue to operate as a Religious
Institution and legalize the 0 metrefrontageof the existing single detached dwelling
along Bleams Road.The new zoning will also allow for a future expansion of the
Religious Institution subject to full municipal servicesbeing available.
Area 2, the portion of the subject lands located directly below Area 1 is proposed to be
changed from Agricultural one (A-1) toNeighbourhood Institutional zone (I-1)with
Special Use Provision 464Uand Holding Provisions81H and 24HSR.This new zoning
will allow for a full range of low density residential uses includingstreet townhouse,
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dwellings, cluster townhouse dwellings and low-rise multiple dwellings. A noise study to
the satisfaction of the Region of Waterloo and full municipal services and adequate road
access is required prior to developing these lands.
Area3, the portion of the subject lands located partially betweenArea 1 and Area 2
along the east portion of the landsis proposed to be changed from Agricultural one (A-
1)toResidential Six Zone (R-6),with Special Regulation Provisions671R, 672R, and
674R. This new zoning will permit multiple dwellings and street townhouse dwellings
and will be part of a future land swap between the two property owners to allow future
residential development on the adjacent lands.
Area 4, the portion of the subject lands on 1531 Bleams road is located directly beside
Area 1 and is proposed to be changed from Residential Six Zone (R-6) with Special
Regulations 671R, 672R, and 674R to Neighbourhood Institutional zone (I-1). This land
will be part of a future land swap between the two property owners and will be owned
and used by the Religious Institution.
Area 5, the triangle shape portion of the lands located below Area 2 is proposed to be
changed from from Agricultural one (A-1) to Open Space Zone (P-2).This new zoning
will permit outdoor reaction uses on the subject parcel.
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 subject la
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 conforms to the policies of this plan. Through the review of
the application, the Region of Waterloo has identified the need to complete an environmental
noise study to address road traffic and stationary noise for this property. Regional staff supports
the adoption of the zoning bylaw subject to use of a holding provision to secure the completion
of such study addressing both road traffic and stationary noise, to the satisfaction of the
Regional M
City of Kitchener Official Plan
Land use designation:
Neighbourhood Institutional
Plan, with the portion of hydro corridor designated as
that are not identified as a potential school site will permit educational establishments, religious
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institutions, community facilities, residential care facility, day care facility and Low Density
-
based uses as possible within a neighbourhood and new community, such as Rosenberg, it is
recognized that the policies for non-school sites do allow residential uses.
The subject lands are not identified as a school site and the proposed zoning will allow the
property to align with its official plan designation. There are nearby school sites in the
Rosenberg plan.
As per Policy 13.10.4.10 of the Official Plan (1994 version as amended), adjustments to the
plan such as the exchange of the 2 small areas on the east side of the subject site can be
deemed minor by the Director of Planning and not require and Official Plan Amendment.
Planning Analysis
The subject lands are designated Neighbourhood Institutional in the Rosenberg Secondary Plan
which permits Religious Institution uses and Residential Uses. The applicant is proposing to
rezone the subject lands to Neighbourhood Institutional zone (I-1) with site specific regulations
to allow multiple dwellings on a portion of the lands which will allow the property to align with its
Official plan designation.
In considering the foregoing, Staff is supportive of the proposed Zone Change. Staff is of the
opinion that the proposed zoning will allow the property to align with the Official plan
designation. Rezoning the subject lands will reflect the existing institutional use of the property
and allow for the Religious Institution to expand in the future. Residential uses are appropriate
on a portion of the parcel as there is a large institutional component maintained on the subject
land. Furthermore, residential uses are compatible with the adjacent residential uses on the
abutting subdivision lands.
Staff is further of the opinion that the proposed zone change application will allow for the
creation of a complete community where institutional, recreational, and residential uses are all
envisioned.
The proposed Zoning Bylaw Amendment is consistent with the Provincial Policy Statement,
Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan. The proposed
plan and respects the vision for the
Rosenberg Secondary Plan. Staff is satisfied with the technical review and has incorporated any
requirements throughout the process. Staff is of the opinion that the proposed Zone Change
represents good planning.
In considering the foregoing, Staff is recommending the approval of the Zone Change
application. See Appendix A.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
through the delivery of core service.
AGENCY COMMENTS:
Commenting agencies and City departments have no concerns with the proposed Zone
Change. The City of Kitchener Engineering Department supports this zone change with the
inclusion of a holding provision. A holding provision for municipal servicing including: sanitary
servicing, storm servicing and water servicing for the entire property , to the satisfaction of the
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City of Kitchener along with a holding provision for a noise study to address both road traffic and
stationary noise, to the satisfaction of the Regional Municipality of Waterloo has been added.
Comments have been attached as
COMMUNITY ENGAGEMENT:
INFORM and CONSULT The Application was circulated to City departments, commenting
agencies and property owners within 120 metres of the subject lands onSeptember 28, 2017 as
per Planning Act requirements. A copy of all department/agency comments are attached as
C to this report. Notice signs were placed on the subject lands advising of the zone
change application.
of the committee meeting.
Staff received one written response from a nearby land owner ().The
resident had concerns that more people living in the neighbourhood would create additional
noise and would prefer to see a park or recreational space built over residential uses.
Planning staff responded accordingly to the resident and explained the proposed concept and
clarified that the future residential development would occur behind the existing Religious
Institution building andthat the existing Religious congregation would continue to operate on the
front portion of the lands fronting Bleams Road.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of the March 5, 2018 public meeting of the Planning & Strategic Initiatives Committee will
be advertised in The Record on February 9, 2018. The newspaper notice is attached as
Community Engagement section of this
the Community Engagement Strategy. The notice will also be posted on the City of Kitchener
website at www.kitchener.ca.
CONCLUSION:
Planning staff is of the opinion that the proposed zone changes demonstrates good planning
principles, aligns with the Official Plan designation on the subject lands and is appropriate for
the surrounding neighbourhood.Staff therefore recommends approval of the zone change as
outlined in the Recommendation section of this report.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
Attachments
Appendix A - Proposed Zoning By-law
Appendix B - Newspaper Notice
Appendix C - Department/Agency Comments
Appendix D Adjacent Landowner Comment
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Proposed Zoning By-law
PROPOSED BY LAW
January 20, 2018
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
-Freedom in Christ Pentecostal Assembly and South Estates
(Kitchener) G.P. Inc. 1643 Bleams Road and 1531 Bleams
Road)
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 64 -law 85-1 is 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 Agricultural Zone (A-1)to
Neighbourhood Institutional Zone (I-1) with Special Regulation Provision 715R
and Holding Provision 24HSR.
2.-law 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1, attached hereto, from Agricultural Zone (A-1) to
Neighbourhood Institutional Zone (I-1) with Special Use Provision 464U and
Holding Provisions81H and 24HSR.
3.-law 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as
Area 3 on Map No. 1, attached hereto, from Agricultural Zone(A-1) toResidential
Six Zone (R-6) with Special RegulationProvisions 671R, 672R and 674R.
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Proposed Zoning By-law
4.-law 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as
Area 4 on Map No. 1, attached hereto, from Residential Six Zone (R-6) with
Special Regulation Provisions 671R, 672R and 674R to Neighbourhood
Institutional Zone (I-1).
5.-law 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as
Area5on Map No. 1, attached hereto, from Agricultural Zone (A-1) to Open
Space Zone (P-2).
6.Schedule Number 64 -law Number 85-1 is hereby further
amended by incorporating additional zone boundaries as shown on Map No.1
attached hereto.
7.-law 85-1 is hereby amended by adding Section 464U thereto
as follows:
464. Notwithstanding Section 31.1 of this By-law, within the lands shown
on Schedule Number 64 uses shall
also be permitted:
i)Street Townhouse Dwelling shall be permitted in accordance
with the regulations in Section 40.5.
ii)multiple dwellings shall be permitted in accordance with the
regulations in Section 40.6.
8.-law 85-1 is hereby amended by adding Section 715R thereto
as follows:
715. Notwithstanding Section 31.3 of this By-law, within the lands shown
regulations shall apply:
i)the minimum front yard setback for existing single detached
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Proposed Zoning By-law
dwellings shall be 0 metres.
9.-law 85-1 is hereby amended by adding Section 81H thereto
as follows:
81. Notwithstanding Section 31 of this By-law, within the lands zoned
I-1 as shown as affected by this subsection on Schedule 64of
, no residential use shall be permitted until such time
as the City of Kitchener is in receipt of a letter from the Regional
have been satisfied with respect to the submission of a detailed
noise study, based on a proposed site plan, to assess impact of
road traffic and stationary noise sources, and this Holding Provision
has been removed by By-law.
10.-law 85-1 is hereby amended by adding Section 24HSR
thereto as follows:
24. Notwithstanding Section 31 of this By-law, within the lands zoned
I-1, shown as affected by this subsection on Schedule 64 of
,the holding provision represented by the letter
symbols K (F) as established in Section 3.5.7 shall apply so that no
building permits will be issued until such time as there is adequate
services available to the lands
PASSED at the Council Chambers in the City of Kitchener this day of
, 2018.
_____________________________
Mayor
_____________________________
Clerk
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CSD-18-025
Appendix B
Advertised in The Record February 9, 2018
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMDNEMDNT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTION 34 OF THE PLANNING ACT
1643 and 1531 Bleams Road
The owners are proposing a Zoning By-law amendment to rezone the lands from Agriculture zone (A-1) to Neighbourhood
Institutional zone (I-1), Residential Six zone (R-6) and Open Space zone (P-2) with site specific regulations. The proposed
zoning will permit the existing Religious Institutional use to continue to operate and allow for future residential
development and parkland on portions of the property now vacant.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, MARCH 5, 2018 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, 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 staff report contained in the
agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the meeting date
th
in the calendar, scroll down & select meeting), 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).
Craig Dumart,JuniorPlanner -519-741-2200 ext.7073(TTY: 1-866-969-9994),craig.dumart@kitchener.ca
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5
REPORT TO: Planning & Strategic Initiatives Committee
th
DATE OF MEETING: March 5, 2018
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Juliane vonWesterholt, Senior Planner
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 31st, 2018
REPORT NO.: CSD-18-023
SUBJECT: ZONING BY-LAW AMENDMENT ZC17/017/V/JVW
114-120 Victoria Street South
114-120 VICTORIA ST. S. INC
___________________________________________________________________
RECOMMENDATION:
A.That Council approve the proposed Zone Change Application ZC17/017/V/JVW for
114-120 Victoria Street South Inc. requesting a change from 6-Warehouse
District Zone and Warehouse District Zone with Special Use Provision 294U and
Special Regulation Provisions 1R and Holding Provision 43 HD6-Warehouse
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District Zonewith Special Use Provisions 294U and 463U with Special Regulation
Provisions 1R, 710R and Holding Provisions 43H and 80Hon the parcel of land
in the form shown in
st
-January 312018, attached to Report CSD 18-023as
.
REPORT:
Summary of Proposal
The owner,114-120 Victoria Street South Inc., is proposing to amend the zoning of the subject
lands to permit a 25 storey building containing 300 residential units as part of a mixed use
redevelopment of the subject lands with a maximum Floor Space Ratio (FSR) of 7.0. This
redevelopment proposal also includes plans to construct a 6 storey office building addition to the
existing Huck Glove building, which will be conserved through this process.The development
proposal will have numerous special regulations to regulate maximum height, set site specific
parking regulations, setbacks for the podium, tower and office structure, add additional uses to
the D-6 Warehouse District zone including a brew pub, residential uses, and retail. The
redevelopment of these lands will incorporate the adaptive reuse of the cultural heritage
resource on this site (formerly the Huck Glove Building) and will result in its ultimate designation
under the Ontario Heritage Act. As part of this development the applicant will be seeking to
obtain an increase in FSR in exchange for the provision of community benefits in accordance
with the bonusing provisions of Section 17.E.17 the Official Plan.
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. In addition, the PPS encourages
the protection of cultural heritage resources through conservation.Policies identify that land
use patterns shall be based on densities which efficiently use land, resources, infrastructure and
public service facilities. The PPS encourages developments which are transit-supportive,
conserve cultural heritage resources 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.
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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
land use patterns that support alternative modes of transportation including transit, walking and
cycling. The proposed Zone Change complies 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 aswell as for investment in institutional
and region-wide public services, commercial, office, recreational, cultural and entertainment
uses.
Land Use Designation
Innovation (OP) and is located in
the Central Major Transit Station Area at the future site of the Multi-modal Transit Hub.The
Innovation District is characterized by many old large industrial buildings which either have been
converted to loft style office, residential and other viable uses or have the potential to do so.
This area of the city is expected to evolve and transform into a dense urban contemporary
setting with continued growth in the high tech industry coupled with the research office uses
affiliated with the nearby post-secondary institutions. The
found in Policies 15.D.2.50 to 15.D.2.52 encourage growth in this area to occur by permitting a
full range of complimentary commercial uses and encouraging high density residential uses.
Through Policy 15.D.2.54 the City also recognizes the importance of conserving cultural
heritage resources within the former warehouse district, now the Innovation District.
The maximum Floor Space Ratio (FSR) for all new development or redevelopment within the
Innovation District is 3.0 in accordance with Policy 15.D.2.53. However, under Section
15.D.2.19, the maximum FSR may be increased through the bonusing provisions of the zoning
by-law in order to promote residential development or redevelopment. In this regard, the
applicant has requested a maximum FSR of 7.0 and has requested aZone change. An Official
Plan Amendment is not required as the OP allows for FSR increases through bonusing in
accordance with the policies outlined in Section 17.E.17.
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 7.0:
Transportation Demand Management (TDM) measures including 40 Class A
(secured indoor) and 18 B (outdoor) bicycle stalls; with 5 shower and change facilities;
provision of a transit shelter;
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Residential Intensification with the provision of 300 new residential units;
Heritage Conservation with the conservation and ultimate designation of the former
Huck Glove building on site;
Outdoor public amenity area- an area of approximately 2070 metres squared of
amenity areaincluding landscaping, seating, protection from the elements as well as art
in the public realm component internal to the site; and,
Energy and Water conservation measures
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
community benefits to be provided in exchange for density increases have to be incorporated
into the amending bylaw. Community benefit Items to be provided in exchange for increased
density may include, but are not limited to, LEED certification, energy or water conservation,
TDM measures, public art, transit infrastructure, public amenity areas, heritage conservation,
provision of public parking and others on the list in the OP under Section 17.E.17.2.The items
proposed by the applicant for this application 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 proposed community benefits for this development proposal will be detailed below in
the Zoning By-law section.
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 will encourage the enhancement of the portion of the streetscape along the Victoria
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 where feasible. In this regard, the
City will work with the applicant and the Region 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 is
complementary to our community priorities, and aligned with our future infrastructure
investmentsA
means the City will actively work on applications towards an approval.
PARTS Central Plan
The subject lands are located within the PARTS-Central Plan which is a guiding document that
made recommendations for land uses around rapid transit station areas. The Central Plan made
recommendation for amendments to the Secondary Plans within the MTSA, which have not yet
been implemented. One of the principle recommendations was to protect stable
neighbourhoods by directing growth in the areas such as the Innovation District. The applicant is
seeking density bonusing in exchange for the community benefits cited above. The proposed
development will provide housing options that will appeal to a broad range of residents within
the UGC.
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Proposed Zoning By-law Amendment
Current Zoning
The subject lands are currently zoned D-6 Warehouse District Zone, with Special Regulation
Provision 1 R, Holding Provision 43H and Special Use Provision 294U. The current zoning of
the subject lands does not permit residential use and does not permit development in excess of
2.0 FSR. In addition, the Special Use Provision 294 also prohibits a number of industrial type
uses as well as daycare uses which are not contemplated for the redevelopment of this site.
The 43 H- Holding Provision requires that a Record of Site Condition be received by City from
the Ministry of the Environment and Climate Change (MOECC) prior to permitting certain uses
including residential uses, retail, personal services and restaurant uses among other uses.
Recently, a Committee of Adjustment application for a minor variance (A2017-092) for an
increase in FSR from 2.0 to 3.0 was approved by the Committee, thus bringing the base FSR in
the zoning in line with the base FSR of 3.0 in the Official Plan. In doing so, the first phase of this
re-development was able to commence without any additional zoning approvals. The first phase
includes the conservation of the Huck Glove structure and the construction of a 6 storey office
addition thereto. Site plans for this have been submitted and been issued Approval in Principle
by the City and are not part of this zone change.
Proposed Zoning
A zone change is required to permit the balance of the redevelopment proposal for this site,
which includes a 25 storey, 300 unit residential building, with a proposed FSR of 7.0, that is to
be situated at the back of the property (west end) in behind the proposed six storey office
addition to the adaptively reused Huck Glove building. The applicants are seeking the increase
in FSR from 3.0 to 7.0 through a Section 37 agreement which will outline density bonusing
increases in exchange for the provision of community benefits in accordance with the bonusing
provisions of Section 17.E.17 of the Official Plan including among other things, the conservation
and adaptive reuse of the Huck Glove Building. The community benefits and the density bonus
increases tied to the provision of these benefits will be applied to the entire site.
The proposal will also include some commercial uses along an internal street to the site that will
provide an active pedestrian area and amenity space that will be accessible from Bramm Street
by the public at large, the residents of the proposed tower and the new 6 storey office structure,
as well as the future inhabitants of the adjacent 100 Victoria Street South project to the north
that is currently under construction. The intent is to have the two sites function as a campus
style with a sharing of amenity and parking resources.
In addition to the increase in FSR and the inclusion of residential uses as a permitted use, the
applicants are seeking site specific regulations that will set a maximum building height of 85
metres, as well as establishing appropriate setbacks, floor plate size and tower step backs for
the site. New uses will also be permitted for this site including residential uses, a brew pub up to
1100 metres square, as well as retail uses.
The applicant is also seeking a reduction in the required parking for this downtown location
from the required 411 parking spaces to 233 spaces, at a rate that is in line with the downtown
rates proposed in the first draft of the New Comprehensive Zoning By-law (Crozby) which would
exempt the first 10,000 square metres of non-residential Gross Floor Area from any parking and
would require that 1 space per 69 square metres of Gross Floor Area (GFA) for office use for a
total of 53 spaces be provided. The applicant is further proposing that the first 100 residential
units be exempt from parking requirements and that the remaining units provide parking at a
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rate of 0.9 spaces per unit for a total of 180 spaces. This would result in a total of 233 parking
spaces for this development.
Special regulations are included in the draft by-law that describes how
the heritage conservation is to be achieved and the timelines associated therewith. This is
necessary to implement a new bonusing value for the heritage conservation component of this
redevelopment including the potential to transfer bonus values to the balance of a portion of the
subject lands.In addition, a further special regulation will be included to ensure zoning
compliance continues to be achieved in the event of future severances or plans of
condominiums in order to permit phasing of this redevelopment project.The bonusing values
will remain tied to the entire site as on the date of the passing of the by-law. In turn, FSR values,
parking regulations and setbacks as they pertain to the entire site will be unaffected by future
phasing of the development.
Lastly, the draft By-law includes anadditional holding provision that will be lifted once a Record
of Site Condition has been completed for the proposed residential uses and the City is in receipt
of a letter from the Region of Waterloo that an MOECC clearance on the RSC has been
granted.
In this regard, the applicant is seeking a zone change for the following:
to allow this increase in FSR from 3.0 to 7.0 which is 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 7.0;
aparking reduction including the provision of 0 parking spaces for the first
10,000sq m of non-residential Gross Floor Area (GFA), and the provision of 1
space per each 69 square metres (GFA) after the that for a total of 53 spaces;
the provision of 0 parking for the first 100 units of residential units and the
provision of 0.9 spaces per dwelling unit after the that for a total of 180 spaces;
a maximum building height of 85 metres;
setback for Tower from the adjacent common property line with 100 Victoria Street
South of 29 metres;
a maximum floor plate size of 900 m2
a minimum step back at 0.9 metres for tower portion above the fifth storey;
numerous setback regulations to both Bramm and Victoria Street South;
special regulation to establish bonusing protocol in exchange for heritage
conservation;
to allow multiple dwelling,retail and Brew Pub uses;
to add 80H holding provision that requires a Record of Site Condition prior to
building permits for residential uses;and,
a special regulation to require a Section 37 Agreement for density bonusing in
exchange for the provision of community benefits
Community Benefits/ Density Bonusing
The following community benefits will be provided in exchange for increased density and will be
included in the Section 37 agreement:
TDM measures including 40 (Indoor Secured) and 18 (outdoor) bicycle parking
stalls, 5shower facilities, Grand River Transit Shelter
Public amenity space of approximately 2070m2 in size with seating, landscaping;
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Provision of 300 Residential units
Conservation of a Heritage building;and,
Energy and Water conservation measures;
Urban Design Considerations
Urban Design Report
Staff has reviewed the proposed Urban Design Report dated October 2017 submitted with this
application. The Urban Design Report will be used to guide this development of the site through
the Site Plan Process.
FSR considerations
Through the special regulations 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 3.0 to 7.0 with the additional 4.0 FSR to be permitted in
exchange for community benefits listed above to be secured through as Section 37 Agreement
to a maximum of 7.0 FSR for the entire 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 7.0 FSR would permit the proposed 25 storey 300
unit residential building that is part of the comprehensive redevelopment which is appropriate in
scale and massing for the innovation district.Should the site be subdivided by consent or plan
of condominium, the total FSR for the site including the sum of all of its parts will remain an FSR
of 7.0. Therefore, for the purpose of calculating FSR post consent or condominium plan the sum
of the individual parts cannot exceed a total site FSR of 7.0.
Built Form design considerations
Additional regulations will be incorporated into the by-law to regulate floor plate size and
setbacks from the property lines for the tower portion of the building. It is important to regulate
these two features of the development so as to continue to ensure that the design of the
building is consistent with the tall buildings guidelines with respect to the massing and scale that
is appropriate for this site in relation to the adjacent 55 Bramm Street lands as well as the 100
Victoria Street South site to the north and under construction.
The City of Kitchener Council recently adopted the Tall Buildings Guidelines which specifically
tie floor plate size to setbacks and separation distances as they are interrelated. Should the
floor plate size increase from the 900 m2 as contemplated, then the separation distances will
have to be re-calibrated. This will have implications for the development of this site as well as
adjacent sites including the 100 Victoria Street South site and the City owned Bramm Street
lands. It is therefore important to maintain the maximum floor plate size of 900m2 so as to
ensure that massing and scale of this development is appropriate.
Other design considerations provided for in the by-law include a step back for the tower portion
of the building containing the dwelling units and a number of setbacks to various property lines
to ensure that the development minimizes the potential for overlook and the future development
of the 55 Bramm Street lands is not compromised.
Architectural Excellence
that development be of a high quality and excellent design. This is in the opinion of staff good
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planning, as it will help create the planned vision for the Downtown including the skyline and the
vibrant streetscapes. As a building within the Innovation 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. Staff will ensure that the level of design
excellence that is expected will be achieved in working with the applicant andthe Architects
through the Site Plan Approval Process.
Public Amenity Space
A Public Amenity Space having an area of approximately 2070 square metres will be provided
as a community benefit in exchange for the increase in density through bonusing. This space,
although on private lands, will be designed to be accessible to the general public for recreation
or public gathering. The vision for this area is to create a central mews or common area with
shops, or restaurants that will activate this space and will be encouraging the residents of this
site and the adjacent 100 Victoria Street South Site, as well as future tenants of the six storey
office building and the public at large to frequent this area. The applicants have indicated that it
is their intention to have both the 100 Victoria Street South site and this site function as a
campus style with a sharing of uses. This approach will encourage the active use of this amenity
space. This space will include but not be limited to features such as seating, landscaping (hard
and soft landscaping features) and there is the potential for art in the public realm. It will be
, as this site is
located in a prominent location within the Innovation District. The details of the materials to be
used for these spaces will be finalized through the Site Plan Approval Process.
Tall Building Guidelines
and the proposed redevelopment of this site meets the intent of the guidelines. Planning Staff
will continue to apply these guidelines through the site plan review process for this site to
ensure that these good planning principles are applied and adhered to.
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 Victoria Street or the
surrounding properties as a result of this development.
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, an LRT station
within a 7 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 applicant has also indicated that TDM measures such as bicycle
parking stalls 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.
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Tranportation Considerations
Parking reductions
The applicant is also seeking a reduction in the required parking for this downtown location
from the required 411 parking spaces to 233 spaces, at a rate that is in line with the downtown
rates proposed in the first draft of the New Comprehensive Zoning By-law (CRoZby) which
would exempt the first 10,000 square metres of non-residential Gross Floor Area from any
parking and would require that 1 space per 69 square metres of Gross Floor Area (GFA) for
non- residential use for a total of 53 spaces be provided. The applicant is further proposing that
the first 100 residential units be exempt from parking requirements and that the remaining units
provide parking at a rate of 0.9 spaces per dwelling unit for a total of 180 spaces. This would
result in a total of 233 parking spaces for this development.
The site is located in the Downtown Core and is located within a 7 minute walk to 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 require less parking in the core. The proposed parking
reduction for the non-residential uses of the site is consistent with what has been proposed in
the first draft of the CRoZby. The applicant is also seeking a reduction in the residential parking
requirements with no parking for the first 100 units and 0.9 spaces for the remaining units. The
first draft of CRoZby requires 0.8 spaces per unit which for the residential component would
result in 240 spaces being required. The proposal presented by the applicant would result in
180 spaces for the residential units, a difference of 60 spaces.
It is also the intent of the owner to have this site, as well as the adjacent 100 Victoria Street
South site, function as an entire campus with a true sharing of amenities and facilities as much
as is possible. The parking is being designed to be a shared facility between both sites and for
all uses. Important to note however, is that the parking that is available to share at the 100
Victoria Street South location is not being counted as required parking, but is just available for
use between the residents of the three towers, 2 at 100 Victoria Street South and Tower 3 at the
back of this development.
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 40 indoor secured () and18outdoor () bicycle
spaces; as well as 5 shower stalls in office building for those persons choosing to cycle to work
as agreed to TDM community benefits. The applicant has also unbundled the residential units
from a parking space, so that a space is not necessarily purchased with every unit sold, thus
allowing the residents to choose a more transit supportive option. 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 well served by existing transit lines with a high frequency of service with a bus
coming approximately every 7 minutes and will be within a 7 minute walk to the Central Station
(Innovation District) for the Light Rail Transit ION once operational. The site is also located on
a cycling route, is within a 5 minute walk of the downtown core and is designed to be transit
supportive through the provision of bicycle storage, an on-site bicycle repair station as well as 5
shower stalls. The applicant also proposes to allow for a sharing of many of facilities between
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this site and the adjacent 100 Victoria Street South site which has indoor storage facilities for
460 bicycles. This sharing of resources will also be more efficient.
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.
Private Road
As part of the redevelopment of this site a central private road will serve as a pedestrian and
vehicular access to the site as well as a focal point for the creation of a public amenity space.
This internal street edge will be animated with shops and restaurant uses as well as appropriate
landscaping elements so as to encourage activity and create an urban vibrancy. The area will
be accessible to not only residents of the proposed tower and the proposed 6 storey office
structure, but also residents of the adjacent 100 Victoria Street South site as well as the public
at large. This road will have to be named as part of a street naming process and a by-law will
have to be passed in order to ensure adequate emergency response.
Heritage Considerations
Conservation of Huck Glove Building
The first phase of the redevelopment of this site will include the conservation and adaptive
reuse of the former Huck Glove Building, which meets the requirements of the Ontario Heritage
Act of a significant cultural heritage resource.This building, which consists of anoriginal post
and beam structure has no current heritage status (either through listing or designation) under
the Ontario Heritage Act, as a result of a previous Council decision which chose not to list this
property. As a result, the building, as it stands today, would have no protection under the
Ontario Heritage Act. The Provincial Policy Statement 2014 requires the conservation of
Cultural Heritage Resources and through this application, the conservation of this resource is
now possible.
The property was sold last year and the current owner is interested in conserving the building by
incorporating the former Huck Glove Building as part of the new 6 storey office structure
addition. The office building will emulate the post and beam elements of the heritage building
and will complement the Huck Glove building with glass and glazed finishes. Important to note is
that this part of the redevelopment conforms to zoning and therefore does not require
permissions under the Planning Act to proceed and does not form part of the zone change
which is the subject of this report.
The draft by-law includes language which will set out the parameters for conservation of this
building including the provision of a conservation easement and ultimate designation of the
resource and will establish regulations for bonusing for heritage conservation which will have a
value that can be exchanged for increased site density. The conservation work, done as part of
the first phase of this development, is considered a community benefit that will be exchanged for
increased density to be applied to the whole of this site, including a subsequent phase that
comprises the construction of the 25 storey residential tower (referred to as Tower 3) in the
context of the entire campus of redevelopment including the adjacent 100 Victoria Street South
lands, where towers 1 and 2 are currently under construction. The by-law will also specify the
terms for the conservation and timelines for the implementation of the conservation easement.
In addition, the City of Kitchener will be seeking designation of this heritage building following
completion of the redevelopment of this site.
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Other Considerations
Helipad
Recently the Helipad for the emergency response air ambulance had to be relocated on a
temporary basis until a new flight path had been approved by NAV Can. This was a result of a
crane that was erected on adjacent lands at 100 Victoria Street, currently under construction. As
this area known as the Innovation District, which is intended for intensification, builds out this
issue may continue to exist in the short term. The City of Kitchener has been in positive
communication with the Grand River Hospital staff and is working toward a long term solution
for the relocation of the helipad to a site that will be unaffected by the intensification that has
been planned through Provincial, Regional and local Planning initiatives.
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, as well as residential uses 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 Plan. Staff is of the opinion that the proposed Zone Change represents 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, PPS and Growth Plan.
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 and TDM elements.
The proposed development comprises a project with high quality design.
The proposed development provides for major employment within the UGC that is transit
supportive.
300 additional residential units are being created which assists in making the downtown
a vibrant place.
The conservation of a cultural heritage resource is made possible by this redevelopment.
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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.
Comments have been attached as C
NEIGHBOURHOOD COMMENTS:
There were seven responses from the neighbourhood and comments included provision of
affordable housing, wind study,locating the 25 storey building back toward the City owned land
andconcern over overall height of the buildings. These are attached as D and the
responses to the concerns raised are addressed below.
Affordable Housing
Some residents raised the question of the provision of affordable housing in the downtown. The
residential density achieved through this development provides for a more affordable housing
option than existing housing options within our central neighbourhoods. The units appeal to a
broad demographic range including singles, families and seniors.
Wind Study
As part of the Urban Design Report wind was a consideration as part of the justification for the
consideration of this development proposal. The wind conditions surrounding the Huck Glove
and Office building are expected to be suitable for sitting in the summer and standing outside in
both summer and winter. Similarly, the wind conditions for the 25 storey tower at the back of the
property are also expected to be comfortable in the summer for sitting and standing in winter at
the main entran
th
standing in the summer and leisurely walking in the winter. Conditions on the 5 floor roof top
terrace are also expected to be comfortable in the summer and ideal for leisurely walking in the
winter.
Tower Location Toward Bramm Street City Lands
Two residents made this suggestion to locate the tower toward the City owned parking lot at the
end of Bramm Street. This has been the design concept pursued by the applicant. This was
intentional so as to meet the objectives of the tall building guidelines with respect to tower
separation, overlook as well as shadow and other objectives.
Height of the Tower
One comment was received about the height of the tower and suggested restricting it to a
maximum of 19 storeys. The height of the proposed tower in relation to the two towers at 100
Victoria Street South was carefully considered by The City of Kitchener staff as it relates to the
tall building guidelines. The towers on adjacent lands have a height of 17 and 21 storeys
respectively. The 25 storey tower will provide a more interesting skyline with the slightly taller
building rather than having all buildings at the same height. This is referred to as relative height
in the Tall Buildings Guidelines (TBG). It is recommended in the TBG that towers that are on
separate adjacent developments should have heights that are visibly different when viewed from
the ground level.
2 - 12
th
The following items are comments or issues raised at the NIM held on January 24, 2018:
Traffic
The subject lands are situated on Victoria Street South which is a Regional arterial road that is
designed to accommodate larger volumes of traffic. As part of the complete application, a Traffic
Impact Study was conducted and it concluded that the existing road network can support the
traffic generated from this development. City and Regional transportation staff have reviewed
this study and are supportive of its conclusions. Additionally, as this site is located within the
Central MTSA and is within a 7 minute walk to the station stop, it is anticipated that automobile
dependency will decline over time as transit ridership increases.
Park Space
It was suggested that there is insufficient park space or amenity space for the additional 300
units that are proposed by this development. The development proposal includes private green
th
space on the 5 floor outdoor amenity terrace as well as indoor amenity features. The design
includes site features that are suitable for children, adults and their pets alike. In addition, the
subject lands are a five minute walk to Victoria Park, which is a large community park that
regularly hosts numerous city wide events. The park is well situated and of an appropriate size
to support the users generated by this development. The need for additional park space in the
downtown was identified in the PARTS Central Plan and is an objective for the City moving
forward.
Community Centre
The desire to have a community centre for the Cherry Park community was identified. The
provision of community centres is a city initiative. The consideration for the provision of
additional community centres in the UGC could be reviewed by the appropriate City
departments and brought to Council for future consideration as this is a broader objective
beyond the scope of this application.
Design of the Huck Glove Office Addition
A couple of attendees at the meeting shared their opinions on the proposed design of the 6
storey addition to the Huck Glove Building. Some favoured the design while others did not.
Design is subjective and based on personal preference. It is important to note that the proposed
design was presented to Heritage Kitchener in December when the Heritage Impact
Assessment was supported. City staff will continue to work with the applicant to ensure that the
design is sympathetic to the cultural heritage resource that is being incorporated and preserved
through this development concept.
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 inNovember of 2017 to
agencies and to all property owners within 120 metres of the subject lands. As a result of this
circulation, staff received four written responses from property owners and a Neighbourhood
th
Information Meeting (NIM) was held on January 24 as a result 24 persons including residents,
2 - 13
the ward Councillor and the applicant and the consultant team were in attendance. The
following concerns were raised at the NIM: traffic increases, need for park space, need for a
community centre and the design of the proposed development relative to the Huck Glove
Building. These matters have been addressed in the report above.
CONCLUSION:
City of Kitchener staff supports the proposed Zone Change application. Staff is of the opinion
that the proposed 25 storey, 300 unit residential building together with the 6 storey office
building addition, the cultural heritage resource preservation as well as the proposed retail uses
along the private road central to the site 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 Innovation District. 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-.
REVIEWED BY: Della Ross,Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
Attachments:
A-law & Map 1
BNotice
CDepartment/Agency Comments
DPublic Comments
2 - 14
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
114-120 Victoria Street South Inc.
114-120 Victoria Street South)
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 Numbers 73 and 74 of Appendix A to By-law 85-1are 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 Warehouse District Zone (D-6) with
Special Regulation Provision 1R, Holding Provision 43H and Special Use
Provision 294U to Warehouse District Zone (D-6) with Special Regulation
Provisions1R and 710R, Holding Provisions 43H and 80H and Special Use
Provisions 294U and 463U.
2.Schedul-law 85-1 are hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1 attached hereto, from Warehouse District Zone (D-6) to
Warehouse District Zone (D-6), with Special Regulation Provisions 1Rand 710R,
Holding Provisions 43H and 80H and Special Use Provisions 294U and 463U.
3.Schedule Numbers 73 and 74 -law Number 85-1are hereby
further amended by incorporating additional zone boundaries as shown on Map
No. 1 attached hereto.
4.-law 85-1 is hereby amended by adding Section 710R thereto
as follows:
710. A) Definitions
i)For the purpose of this regulation:
a)all Building shall mean any building that is 9 storeys
2 - 15
or more;
b)Tall
Building connecting the Base or Podium to the top and
housing the primary function;
c)BPd any
additional floors with a direct relationship to the
streetscape and public realm. This can include
multi-storey podiums, portions of a Tower which
extend to the ground floor and structured parking
areas;
d)Floor Pfloor area of the
Tower portion of the building;
e)Building is the existing cultural heritage
building on the subject lands and includes the
proposed 6 storey office addition thereto.
B)Notwithstanding Sections 5.6.1b), 5.6.2b), 5.6A.1 c), 5.19, 5.19.3a),
5.21a), 6.1, 17.1 and 17.3 of this By-law, within the lands shown on
Schedule Numbers 73 and 74
regulations shall apply:
a)Internal lot lines created by registration of a plan of
condominium or consent shall not be construed to be lot
lines for the purpose of zoning regulations provided that all
applicable regulations of this by-law relative to the whole
lot and its external lot lines, existing prior to any
condominium plan registration or consent are strictly
observed;
Design considerations
ii)The maximum floor space ratio (FSR) shall be 3.0;
iii)An additional floor space ratio of 4.0 shall be provided in
exchange for community benefits set out in this by-law and
2 - 16
secured through a Section 37 Agreement for a total maximum
for the site of 7.0;
iv)The maximum building height for the Huck Glove Building
shall be 30 metres;
v)The minimum setback to Victoria Street South for the ground
floor of any building or portion thereof constructed after the
effective date of this by-law shall be 2.0 metres. The minimum
setback to Victoria Street South for all floors other than the
ground floor shall be 0.0 metres;
vi)The minimum setback from Bramm Street and the common
property line shared with 100 Victoria Street South for the
Huck Glove Building shall be 0.0 metres;
vii)The maximum setback to street lines shall not apply;
viii)The minimum setback for a building containing dwelling units
from Bramm Street shall be 0.0 metres for any building or
portions thereof up to 4 storeys and4.0 metres for any
building or portion thereof greater than 5 storeys in height.
Balconies and canopies are included in this setback;
ix)The maximum height for a Tall Building shall be 85 metres
and shall not include roof top mechanical;
x)The maximum Floor Plate size per floor for the Tower shall be
900 square metres for floors 5 and above and shall not
include rooftop stairs, mechanical rooms or storage rooms;
xi)The minimum setback from the north and west common
property lines with 55 Bramm Street for any building up to four
storeys in height shall be 1.0 metre and for any building 5
storeys in height or greater or portion thereof shall be 13.5
metres;
xii)The minimum setback for the Tower on the subject lands and
the common property line with 100 Victoria Street South shall
be 29.0 metres;
2 - 17
xiii)The minimum setback to the common property line with 100
th
Victoria Street South for the stairwell accessing the 5 storey
of the Tower shall be 0.0 metres; and,
xiv)The minimum stepback for the Tower shall be 0.9 metres from
the east façade of the podium base for all floors including and
above the fifth floor which shall be measured from the wall of
the podium below the Tower and shall not include projecting
balconies;
Parking considerations
xv)No parking shall be required for the first 100 dwelling units,
and 0.9 spaces per unit shall be required for each dwelling
unit thereafter;
xvi)No parking shall be required for the first 10,000 square metres
of non-residential Gross Floor Area (GFA) and 1 space shall
be required for each 69 square metres of non-residential GFA
thereafter;
xvii)All parking for the site shall be shared among all the permitted
uses;
xviii)Visitor parking shall not be separately demarcated;
xix)Bicycle parking both indoor and outdoor shall be provided at a
rate of 20 % of the required vehicle parking; and,
xx)A minimum of 5 showers shall be required and each shall be
located within 8 square metres of change facilities;
Bonusing Regulations
xxi)Pursuant to Section 37 of the Planning Act, the density (FSR)
of development permitted by this By-law are 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 secured by an agreement pursuant to Section 37 of the
Planning Act:
2 - 18
a)Transportation Demand ManagementMeasures
including, bicycle parking stalls, shower facilities;
b)Dwelling Units in the Urban Growth Centre;
c)Water and Energy conservation;
d)Heritage conservation of a heritage building or heritage
façade for which a Heritage Preservation and
Maintenance Easement Agreement (a Heritage
Easement or Covenant under Section 37(1) of the
Ontario Heritage Act) is registered on title of the
subject lands on which the heritage building is situated;
e)Provision of a Transit shelter; and,
f)Provision of an outdoor amenity area that is accessible
to the public and includes, high quality landscaping
and materials, public seating;
xxii)Upon execution and registration of an agreement with the
owner of the site pursuant to Section 37 of the Planning Act,
securing the provisions of the facilities, services and matters
listed in (xxi) 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;
xxiii)The bonus floor area authorized pursuant to (iii) above may
be transferred within the lands affected by this regulation
without the requirement of a separate agreement pursuant to
5.C-law 85-1 is hereby amended by adding Section 463U thereto
as follows:
463. Notwithstanding Section 17.1 and 17.3 of this By-law, within the lands
2 - 19
shown on Schedule Numbers 73 and 74
following uses shall be permitted:
i)Brew Pub up to a maximum gross floor area of 1,100 square
metres;
ii)Multiple Dwelling;
iii)Retail
6.F-law 85-1 is hereby amended by adding Section 80H thereto
as follows:
80H. Notwithstanding Section 17of this Bylaw, within the lands zoned D-6
as shown as affected by this Subsection on Schedules 73 and 74of
:
i)Noresidential use shall be permitted in the D-6 Zone
until such time as a Record of Site Condition is submitted
and approved to the satisfaction of the Ministry of the
Environment and Climate Change. This Holding
Provision shall not be removed until the City of Kitchener
is in receipt of a letter from the MOECC advising that a
Record of Site Condition has been completed to the
satisfaction of the Ministry of the Environment and
Climate Change.
PASSED at the Council Chambers in the City of Kitchener this day of
,2018.
Mayor
Clerk
2 - 20
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PART 8
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Advertised in The Record February 9th, 2018
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
114-120 Victoria Street South
The City of Kitchener has received a Zone Change application for the subject lands. The lands are proposed to be
rezoned from D6-Warehouse District Zone with aSpecial Use Provision, a Special Regulation Provision and aHolding
Provision to D6-Warehouse District Zone with Special Use Provisions,Special Regulation Provisions and Holding
Provisions. This will permit the redevelopment of the site with a 25 storey building with 300 multiple residential units
together with retail uses.
The public meeting will be held by the Planning and Strategic Initiatives Committee, a Committee of Council which
deals with planning matters on:
MONDAY, MARCH 5, 2018 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 staff report contained in the
agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the meeting date
th
in the calendar, scroll down & select meeting), 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 ext.7157 ((TTY: 1-866-969-9994),
juliane.vonwesterholt@kitchener.ca
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PLANNING & STRATEGIC INITIATIVES COMMITTEE
Page 1 UNFINISHED BUSINESS2018-03-05
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 2016-10-032018-03-06A. Pinard
approval authority for amendments to Kitchener’s
Official Plan (CSD-16-053)
IF1 - 1