HomeMy WebLinkAboutDSD-18-007 - Official Plan Amendment OPA17-006-K-BBREPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: June 18, 2018
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: 9
DATE OF REPORT: May 9, 2018
REPORT NO.: DSD-18-007
SUBJECT: OFFICIAL PLAN AMENDMENT OP17/006/K/BB & ZONE
CHANGE APPLICATION ZC17/018/K/BB - DREWLO
HOLDINGS INC., 471, 475, 481 & 505 KING STREET EAST
AND 18 & 24 CAMERON STREET SOUTH
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RECOMMENDATION:
A.That Official Plan Amendment Application OP17/006/K/BB for Drewlo Holdings Inc.
requesting a change from Mixed Use Corridor with Special Policy 1 to Mixed Use
Corridor with Special Policy Area 6 of the King Street East Secondary Plan to
permit a mixed use development with a Floor Space Ratio of 7.1 on the parcel of
land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in
the Official Plan Amendment attached to Report DSD-18-007 as Appendix “A”, and
accordingly forwarded to the Region of Waterloo for approval; AND
B.That Zone Change Application ZC17/018/K/BB for Drewlo Holdings Inc. requesting
a change from High Intensity Mixed Use Corridor zone (MU-3 with Special
Regulation Provision 544R and Special Use Provision 410U) to High Intensity
Mixed Use Corridor zone (MU-3 with Special Regulation Provision 719R) on the
parcel of land specified and illustrated on Map No. 1, be approved in the form
shown in the “Proposed By-law” dated April 27, 2018 attached to Report DSD-18-
007 as Appendix “B” and that in accordance with Planning Act Regulation 45 (1.3
& 1.4) that applications for minor variances shall be permitted for lands subject to
Zone Change Application ZC17/018/K/BB; AND Further
C.That the Urban Design Brief Implementation Recommendations attached to Report
DSD-18-007 as Appendix “C”, be adopted, and that staff be directed to apply the
Recommendations through the Site Plan Approval process.
BACKGROUND:
Drewlo Holdings Inc. is requesting an Official Plan Amendment and Zone Change to allow for a
high density, mixed use development comprised of two residential towers (14 & 18 storeys
each) situated on top of a four/five storey podium spanning an entire city block of land from King
St. E./Cameron St. S./Charles St. E./Madison Ave. S. The applications are to permit an
increase in the amount of floor space ratio from 4.0 to 7.1 and add site specific zoning
regulations that would implement the proposed site development. In total, 488 one and two-
bedroom rental units, 1169 square metres of commercial/retail floor space located at the King
Street ground level, and 530 parking spaces (inclusive of tandem parking) are proposed for the
site.
The subject lands are described as a large vacant rectangular block of land with 114 metres of
frontage onto both King Street East and Charles Street East and 86 metres also fronting onto
both Cameron Street South and Madison Avenue South totalling 0.85 hectares. Situated on four
street frontages including a Regional Roadway (Charles Street E.); an Arterial Roadway (King
Street E.) and two Local Roads (Cameron Street S. and Madison Ave. S), the subject lands
represent a comprehensive redevelopment intensification opportunity located in the city’s east
end adjacent to an ION Transit Station Stop and the Kitchener Market/East End commercial
area. It’s located in an area of transition. Surrounding land use is characterized as mixed-use
commercial, residential and institutional at lower densities. The vision for this area is to evolve
into a broader mix of land uses at higher density to support the City’s planned growth of its
Urban Growth Centre, Major Transit Station Areas and Nodes and Corridors, and to meet
intensification targets established by the Province.
Staff is recommending that the proposed Official Plan Amendment and Zone Change be
approved.
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Description ofthe Development Proposal
The proposed development (shown above) consists of two residential high-rise towers 14 and
18 storeys in height and a shared four to five storey podium, with retail uses proposed at grade
along King Street East. The proposal also includes the construction of three levels of structured
parking and one level of underground parking. A landscaped/amenity area is proposed in the
centre of the podium atop the fifth level, and landscaping is proposed at grade along the four
street frontages. The proposed development will have a gross floor area of approximately
69,614.10 square metres (749,320 sq. ft.), including approximately 1,169 square metres (12,583
sq. ft.) of retail space. A more detailed description of the proposal is as follows:
Podium
The podium is the base element of this development. Its purpose is to establish a positive
relationship with streetscapes and the public realm. The podium encompasses the entire block
of land and will be four to five storeys in height, depending on grades. Internal to the podium
will contain all of the parking for the development including one level of underground and three
levels of aboveground or structured parking. Parking will not be visible from the street. The
design of the podium is to activate the perimeter street frontages with either retail/commercial,
for example, along King Street with residential units above or with residential units all along
Charles Street and along sections of Cameron Street and Madison Avenue. The podium has 0
metre building setback to the property line along all the four street frontages, to create a strong
street presence and maximize the utilization of the site. The retail uses fronting onto King Street
East will contribute to a range of uses on the site and provide active uses and contribute to the
public realm. Active entrances will be provided to the individual residential units to improve the
public realm along Charles Street. Building entrance points will be located to provide
convenient access to the nearby Kitchener Market LRT station, including an entrance located at
Madison Ave South and Charles Street East corner because of its proximity to the ION stop.
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Towers
The proposed towers are 14 and 18 stores in height, and will sit atop of the podium. The
towers will contain the majority of the proposed 488 residential rental units. The 14 storey tower
is located by the King Street East and Madison Ave South intersection, and the 18 storey tower
is situated by the Charles Street East and Cameron Street South intersection. The proposed
towers have been purposely designed to be step backed from the podium in order to minimize
visual impacts of height at street level. The towers also have varying heights and off-setting
footprints in order to minimize overlook between towers, create a varying skyline, and provide
visual interest and wayfinding and to mitigate shadow and wind impacts.
Amenity Space & Landscaping
Balconies are proposed for the majority of residential units within the two towers, while units
located along the ground floor and the fifth floor will have terraces. Street furniture, trees and
other landscaping features are proposed within the right-of-ways with an emphasis placed on
King and Charles Streets. Indoor amenity areas include an indoor swimming pool; fitness
centre and sauna are proposed to be located within the fifth storey of the podium. Several party
rooms and an amenity room are also proposed on the fifth floor. Smaller amenity rooms, a
tenant meeting room, a meeting room for community use and multipurpose rooms are located
on the floors one through four. Outdoor amenity space is located on the fifth floor, on top of the
podium and in the centre, linking the space between the two towers. This landscaped open-air
atrium will have dry gardens, planters and seating areas, as well as a walkway connecting the
two buildings.
Parking and Access
As noted above, the development is proposed to have a mix of underground and structured
parking. A total of 530 parking spaces (inclusive of tandem parking) are proposed for residents
and retail patrons. Two accesses to the parking are proposed. The entrance off of Cameron
Street will access the first storey of parking and the entrance off of Madison Avenue will access
the second level of parking. A third service access is proposed off of Cameron Street to access
garbage pickup and move-in areas. Service parking spaces will also be provided at this location.
A screening wall is proposed along Cameron Street to minimize the impact of this area on the
streetscape. A total of 342 secure bicycle parking spaces are proposed to be located on various
levels of the podium. 15 outdoor bicycle parking spaces are proposed, some along the King
Street East frontage and some nearby the entrance to Tower 2 for commercial parking, visitor
parking and short-term resident parking. Electric car stations are being provided for within the
building.
REPORT:
Provincial, Regional, and City planning policy must be considered when evaluating changes in
land use permissions as discussed below, especially within the Central Transit Corridor and
areas identified by the City for intensification.
PROVINCIAL POLICY CONSIDERATIONS:
Provincial Policy Statement (2014)
The 2014 Provincial Policy Statement (PPS) was issued by the Province of Ontario. The PPS
provides policy direction on matters of Provincial interest related to land use planning and
development and applies to all decisions in respect of the exercise of any authority that affects a
planning matter made on or after April 30, 2014. Section 3 of the PPS requires that decisions
affecting planning matters shall be “consistent with” the PPS.
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The PPS provides a vision for land use planning in Ontario that encourages the efficient use of
land, resources and public investment in infrastructure. A mix of land uses is encouraged to
provide choice and diversity. A variety of transportation modes to facilitate pedestrian
movement, less reliance on the automobile, and use of public transit is encouraged as a means
of creating more sustainable, livable and healthy communities are at the core of these policies.
The PPS encourages development that will provide for long-term prosperity, environmental
health and social well-being.
Planning staff is of the opinion that the proposed development is consistent with the PPS as
there a number of policies that support this development found in sections 1.1.1, 1.1.2, 1.1.3,
1.4 and 1.8. The proposed development is situated in a transitional area of the City on lands
targeted for growth and in an area comprised of commercial, residential and institutional uses.
The proposed development is well-located with respect to existing transit and an ION rapid
transit stop. The mixed-use nature of the proposal at higher intensities combined with location
will better utilize the City’s/Region’s existing servicing infrastructure and will assist in meeting
density targets for the UGC to support ION and the Core area. The proposal supports active
transportation being in proximity to the downtown area which can be accessed conveniently
from a range of destinations, including the commercial core of downtown Kitchener, other
nearby ION stops and the Kitchener Market. Appropriate connections to pedestrian
infrastructure will be provided and facilities to support cycling will be integrated in the building
design. Accordingly, Planning staff is of the opinion that this proposal is consistent with the
policies of the PPS.
Growth Plan for the Greater Golden Horseshoe (2017)
The Minister of Municipal Affairs and Housing issued a new Growth Plan for the Greater Golden
Horseshoe (the Growth Plan), effective on July 1, 2017. The 2017 Growth Plan replaces the
previous version of the Growth Plan for the Greater Golden Horseshoe issued in 2006. The
Growth Plan, 2017 represents the long-term framework for implementing Ontario’s vision for
building strong, prosperous communities and managing growth within the Greater Golden
Horseshoe. Policies contained in Sections 2.1, 2.2.2, 2.2.4 and 2.2.9 of the Growth Plan
support the planned development of the subject lands.
The subject lands are identified as being located within the Delineated Built-up Area of the City
of Kitchener. All land use planning decisions made by any authority that affects a planning
matter must conform to the Growth Plan. The Growth Plan is guided by the principles of
supporting the achievement of complete communities; intensification and higher densities to
make efficient use of land and infrastructure and that support transit viability; capitalizing on new
economic and employment opportunities while providing certainty for traditional industries;
supporting a range and mix of housing options; improving the integration of land use planning
with investment in infrastructure and public service facilities; managing growth; conserving and
promoting cultural heritage; protecting and enhancing natural heritage and agriculture; and
integrating climate change considerations into planning and managing growth.
Where lands are located within a major transit station area according to the Growth Plan, higher
density development will be supported, where appropriate, by planning for a diverse mix of
uses, including second units and affordable housing, to support existing and planned transit
service levels; by providing alternative development standards, such as reduced parking
standards; and by prohibiting land uses and built form that would adversely affect the
achievement of transit-supportive densities. Lands adjacent to or near to existing and planned
frequent transit should be planned to be transit-supportive and supportive of active
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transportation and a range and mix of uses and activities. The Growth Plan also requires Major
Transit Station Areas (MTSA) that are served by light rail transit are planned for a minimum
density target of 160 residents and jobs combined per hectare.
This development proposal will generate approximately 1055 people and jobs per hectare
according to MHBC Planning Consultants representing the landowner. As such, the proposed
density will assist in achieving the density target established by the Growth Plan for Major
Transit Station Areas on Priority Transit Corridors. Moreover, the development will contribute to
the mix of uses within the MTSA and will provide support for the transit service in an area of
transition.
The proposed development will contribute to the evolution of this Major Transit Station Area and
the nearby Urban Growth Centre through the development of two apartment towers with a total
of 488 rental units and retail commercial uses at grade along King Street East. In summary, the
proposed development will provide support for the emerging Priority Transit Corridor, the ION
light rail transit line. Further, the proposed development features structured and underground
parking facilities; has been designed to mitigate impacts, promote efficient use of existing
infrastructure and enhance the quality of living and choice and affordability of housing for the
city.
Planning staff is of the opinion that the applications conform to the Growth Plan. The
development of the subject lands with a mix of office and commercial uses will contribute to the
numbers of jobs within the major transit station area and in close proximity to the City’s Urban
Growth Centre and King Street intensification corridor.
REGIONAL POLICY CONSIDERATIONS:
Regional Official Plan (ROP)
Regional Official Plan (ROP) was approved by the Ministry of Municipal Affairs and Housing
(MMAH) with modifications on December 22, 2010, and approved, with amendments, by the
Ontario Municipal Board on June 14, 2015.
The ROP policies are generally aligned with the PPS and 2006 Growth Plan policies for
development, including promoting the development of complete communities, protecting the
natural environment and resources, conserving cultural heritage, and respecting the scale,
physical character and context of established neighbourhoods. Sections 2.D.6, 2.D.7, 2.D.2
and policy 5.1 of the ROP apply to the development of the subject lands.
The subject lands are situated within the Urban Area designation. Urban Area policies indicate
that the focus of the Region’s future growth will be within the Urban Area. This area contains
the physical infrastructure and community infrastructure to support major growth, including
transportation networks, municipal drinking-water supply systems and municipal wastewater
systems, and a broad range of social and public health services. It is also served by the existing
Regional transit system, which is to be improved through the introduction of rapid transit. For
these reasons, lands within the Urban Area have the greatest capacity to accommodate growth
and serve as the primary focus for employment, housing, cultural and recreational opportunities
in the region.
Within the Urban Area, most of the Region’s future growth will be directed to Urban Growth
Centres, Major Transit Station Areas, Re-urbanization Corridors, Major Local Nodes and Urban
Designated Greenfield Areas. In general, these areas will be planned to create a more
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compact urban form with a greater mix of employment, housing and services in close proximity
to each other.
The subject lands are further identified within a Major Transit Station Areas (MTSA’s). MTSA’s
are planned to be developed to achieve higher densities that support and ensure the viability of
existing and planned rapid transit service levels and a mix of residential, office, institutional and
commercial development, wherever appropriate.
Planning staff is of the opinion that the applications conform to the Regional Official Plan. The
proposed development represents an example of intensification within a Major Transit Station
Area, within a location that contains the physical and community infrastructure required to
support growth. The proposed development will exceed the density target for Light Rail Transit
networks and will provide support for the emerging transit system. It will contribute to
maintaining a vibrant urban community through the provision of new residential and retail uses
in a mixed-use and transitional environment. The development has been designed to mitigate
impacts, promote energy efficiency and contribute positively to the public realms of King and
Charles Streets.
CITY POLICY CONSIDERATIONS:
City of Kitchener Official Plan (OP)
The City of Kitchener Official Plan was approved by the Region of Waterloo on November 19,
2014 with modifications and deferrals. Accordingly, policies relating to Intensification Areas and
Major Transit Station Areas are under appeal and may be subject to modification and change
through the appeal process. At the time of the preparation of this report, the policies reviewed
are those approved by the Region of Waterloo. Regardless of their status, these policies
establish the vision of the City of Kitchener and are important in the assessment of this
proposal.
The 2014 City’s Official Plan establishes an urban structure and land use approach.
Accordingly, the subject lands are identified as being within the Central Stations Major Transit
Station Area (MTSA), on Map 2 –Urban Structure of the 2014 Official Plan.Map 3 – Land Use
of the 1994 Municipal Plan, shows to refer to the Secondary Plan for detail. Secondary Plans
were carried over in the 2014 OP and will be updated in response to a number of policy
initiatives.
According to the King Street East Secondary Plan, the subject lands are designated Mixed Use
CorridorandSpecial Policy Area 1, adopted as part of the 1994 City of Kitchener Official Plan.
Mixed uses of residential and retail commercial are permitted in the King Street East Secondary
Plan. An Official Plan Amendment is required to permit an increase in the permitted Floor
Space Ratio (FSR) from 4.0 to 7.1 in the Official Plan and the King Street East Secondary Plan.
Major Transit Station Area (MTSA) and Special Policy 58 of the 1994 Official Plan
The 2014 Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. Intensification Areas are
targeted throughout the Built-up Area as key locations to accommodate and receive the majority
of development or redevelopment for a variety of land uses. Primary Intensification Areas
include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this
hierarchy, according to Section 3.C.2.3 of the Official Plan. Intensification Areas are not isolated
entities but are rather connected by transit corridors and an integrated public transportation
system. Intensification Areas combined with interconnected transit corridor/connections provide
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a basis to promote development that has a broad range and mix of uses in an area of higher
density and activity than surrounding areas.
The subject lands are located within a Major Transit Station Area as shown on Map 2 – Urban
Structure of the 2014 Official Plan. Major Transit Station Areas include lands that are generally
within a ten-minute walking radius around the location of a Rapid Transit Station Stop. The
subject site is appropriately identified as being within a Major Transit Station Area, as it has four
stations within a 650 metre distance with the closest – Market ION Transit Stop - being within
150 metres. The closest stop is located on Charles Street East.
While the MTSA policies of the Official Plan are currently under appeal, Section 3.C.2.17
indicates that MTSA’s have a planned function to support transit and rapid transit. This a key
consideration as the planned function of an MTSA is to provide a focus for accommodating
growth through development to support existing and planned transit and rapid transit service
levels; provide connectivity of various modes of transportation to the transit system; achieve a
mix of residential, office and commercial development, where appropriate; and have
streetscapes and a built form that is pedestrian-friendly and transit-oriented. In the opinion of
staff, the proposed mixed-use development supports the planned function of a Major Transit
Station Area. The proposed uses will result in intensification of a currently vacant parcel of land
in close proximity to a range of transit options, including a rapid transit station. Further, the
proposed development has been designed with Transportation Demand Management Options
to be pedestrian and cyclist friendly and to encourage use of public transportation rather than
being auto-oriented. Moreover, the site is within an area of transition identified for intensification
within the spine of a mixed use and transit corridor outside of stable residential areas, wedged
between two major roadways, just outside of the UGC and near an ION station stop.
Station Area Plans are required to be prepared for each MTSA, according to Section 3.C.2.19 of
the 2014 Official Plan. The Central Transit Station (the PARTS Central Plan) has been
prepared. This plan has been adopted by Council but has not been implemented through an
Official Plan Amendment. Accordingly, the proposed development is required to be reviewed in
the context of Section 3.C.2.22 of the Official Plan. The PARTS Central Plan will be discussed
later in this report.
Section 3.C.2.22 of the City of Kitchener Official Plan establishes criteria for development within
a MTSA. In the opinion of staff, the proposed high density mixed use development addresses
these criteria by supporting the planned function; by employing a number of TDM measures; is
within close proximity to public transit facilities; and will provide enhanced streetscapes that are
both pedestrian and transit friendly. Accordingly, the proposed development is appropriately
located within a Major Transit Station Area. It represents a suitable form of development that
will support the function of a Major Transit Station Area and will provide residential density to
support an ION LRT Station.
Special Policy Area 58
As noted previously, the policies for Major Transit Station Areas are under appeal as a whole
and the PARTS Central Plan has not been adopted under the Official Plan. Therefore, reference
to the 1994 Municipal Plan Special Policy 58 is required. Special Policy Area 58 is a conceptual
representation of the Central Transit Corridor and the surrounding area within a ten-minute
walking radius of the Rapid Transit Stations. The subject lands fall within the Central Transit
Corridor as determined by Special Policy 58. As such, Special Policy 58 policies would apply.
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Policies related to lands within the Central Transit Corridor are set out at Part 3, Section 12.58
of the 1994 Municipal Plan. In summary, these policies encourage development that supports
existing and planned transit and rapid transit service levels, connectivity of various
transportation modes, a mix of land uses, and streetscapes and a built form that is pedestrian
friendly and transit-oriented. Transit Oriented Development policies, including multi modal
transportation which supports transit and mixed-use development, a compact urban form, a mix
of land uses, which allows people to walk or take transit to work, and promotes medium and
higher density development to be situated near transit stops.
These policies have been carried forward in the new 2014 Official Plan. Accordingly, in the
opinion of staff the proposed development conforms to the 2014 Official Plan policies of Major
Transit Station Areas and those related policies of the 1994 Municipal Plan.
King Street East Secondary Plan
The King Street East Secondary Plan was adopted as part of the 1994 City of Kitchener
Municipal Plan. The subject lands are designated Mixed Use Corridor and Special Policy Area 1
on the Land Use Plan.
The Mixed-Use Corridor designation is intended for areas of the City that are linear in form and
will evolve over time. These areas are intended to serve adjacent residential neighbourhoods
and employment areas as well as allow for intensive, transit supportive development. Mixed Use
Corridors provide opportunities for residential redevelopment and an appropriate mix and range
of commercial and institutional uses. Over time, these areas are expected to intensify and
provide for a range of land uses, including a broad range of commercial uses, and be supportive
of pedestrians and cyclists. Any new development within a Mixed-Use Corridor shall be
compatible with surrounding residential neighborhoods and have an appropriate height and
density in relation to adjacent low rise residential development.
Special Policy Area 1 (SPA 1) is bounded by Madison Avenue/ Cedar Street, the Conestoga
Expressway, Charles Street and the extent of the commercial zoning on the north side of King
Street East as it existed on December 31, 1987. SPA 1 identifies King Street East the major
transportation spine through the area directly connecting it to the core of the City and acting as
the main entranceway into the City of Kitchener. The area has a wide range of commercial,
office, institutional and residential uses. The Mixed-Use Corridor designation encourages
commercial development. However, the long-term policy objective is for a high profile gateway
with a mix of office, high density residential and institutional uses in mixed use buildings,
including ground floor commercial uses. Larger scale, mixed use developments are contingent
on the consolidation of multiple properties such has occurred with the subject site.
The proposed development conforms to SPA 1 by contributing to a mix of uses currently
existing along the King Street East corridor, and by adding residential units and commercial
uses. This area is one of transition and the proposed development consolidates multiple
properties thereby providing an opportunity for comprehensive redevelopment that achieves the
long-term objective to intensify, contain a range of land uses, and be transit, pedestrian and
cyclist supportive. The proposed development achieves good urban design to ensure
compatibility with outlying stable residential areas. For example, the taller building is oriented
towards Charles Street, adjacent to the LRT corridor. Further, nearby residential areas are
buffered by Charles Street, Cameron Heights High School and a significant grade change which
offers good physical separation.
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The proposed development has been designed to provide appropriate transitions and promote
compatibility with adjacent development. The subject site is a self-contained block, and the
surrounding streets create a buffer between adjacent properties. The two towers will be located
on a four to five storey podium and step-backed to minimize the visual impacts of the towers
from street level. The narrower side of the towers has been oriented in a fashion to minimize the
effects of shadowing and wind. Plus the taller tower is closest to Charles Street to minimize
shadows on the King Street side. The podium establishes a positive design relationship with
pedestrians and the streetscape because it is tight to the street and is activated with uses. Two
vehicular access points of access are proposed, one off Cameron Street and the other off
Madison Avenue. There is a service entrance as well. Each access helps to split and minimize
the impact of traffic. The location of the site relative to King and Charles Streets ensures traffic
does not have to travel through stable residential areas once it leaves the site plus the
surrounding area has a network of street connections to further disperse the traffic. The
development is close to employment and commercial/retailing opportunities - including
Kitchener Market - so walking and/or cycling is easily achievable. Given the proximity to ION,
there will also be choice and availability of public transit to employees and residents in the new
development.
An increase in FSR from 4.0 to 7.1 is necessary to permit the two towers of 14 and 18 storeys,
on top of a four to five storey podium. In terms of floor space coverage, the podium itself
occupies all or most of the 4.0 FSR permitted in the as-of-right permissions. The podium will
contain all of the aboveground structured parking plus some residential and commercial/retail.
The two towers will contain the majority of residential units. The residential towers at 14 and 18
storeys in height are designed to complement the podium and ensure the overall viability of the
project. The increase in FSR is therefore appropriate given the location and context of the
subject lands within a Major Transit Station Area and represents an appropriate and ideal
location for additional density, redevelopment and intensification. Based on the foregoing, the
proposed development is appropriate on the subject site as staff is of the opinion it conforms to
the policies of the Mixed-Use designation and Special Policy Area 1.
Urban Design
Chapter 11 of the City’s OP outlines policies with respect to the direction and criteria used for
urban design. To address these policies, an Urban Design Brief was submitted in support of the
development proposal. The brief provides an overview of theproposed development and
outlines the vision and principles of the site design. It is used to facilitate the site design and
site planning process and helps to inform zoning. The Urban DesignBrief includes an
assessment of the proposal in the context of the urban design policies of theCity of Kitchener
Official Plan and the PARTS Central Plan document.
In the opinion of staff, the proposed development satisfies the criteria outlined in Section 11 of
the 2014 Official Plan. Section 11 is in full force and effect and the criteria for evaluation
includes: Streetscape; Skyline; Safety; Universal Design; Priority Locations; Site Design; and
Building Design, Massing and Scale Design. The proposal includes upgrades and
improvements to adjacent streetscapes to improve the public realm. The proposal includes two
high-rise towers that have been evaluated with respect to the Tall Building Guidelines and the
heights of the towers are varied in order to provide visual interest and variation which is
consistent with other high-rise proposals that have either approved or under evaluation with
respect to the City’s skyline. The floor plates are slightly larger but the size and scale of the site
can support these larger plate sizes where most sites cannot. Safety and universal design are
principles always considered in good site design. The location of the subject site is considered
a gateway into the downtown meaning a higher level of urban design is expected and has been
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incorporated in the overall site and building design. Angular plane, SWOT analysis, Wind,
Shadow and Traffic Impact and Tall Buildings analyses have all been undertaken to inform
building, site design, massing and scale design of the site to promote compatibility and good
planning.
Tall Buildings Guidelines
th
On December 11
, 2017, Council approved the Tall Buildings Guidelines. The objective of this
document is to:
achieve a positive relationship between high-rise buildings and their existing and
planned context;
create a built environment that respects and enhances the city’s open space system,
pedestrian and cyclist amenities and streetscapes;
create human-scaled pedestrian-friendly streets, and attractive public spaces that
contribute to livable, safe and healthy communities;
promote tall buildings that contribute to the view of the skyline and enhance orientation,
wayfinding and the image of the city;
promote development that responds to the physical environment and microclimate and
the natural environment through design, including four season design and sustainability;
and,
promote tall building design excellence to help create visually and functionally pleasing
buildings of architectural significance.
The proposed development has been designed with these objectives in mind. Urban Design
staff has confirmed that the proposed towers are generally consistent with and meet the overall
intent of the guidelines.
Kitchener Growth Management Strategy
The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed
effectively to achieve the required density and intensification targets, through a desired built form
and function which will enhance the quality of life in Kitchener.
The intent of the Kitchener Growth Management Plan (KGMP) is to help guide the relative priority for
all development applications based on the fundamental principle that maximizing the use of existing
infrastructure is preferred, and that planning for and implementing intensification is a high priority.
As such, Planning staff is of the opinion that the applications comply with the KGMS as it allows for
the appropriate intensification of the subject property which better utilizes the existing and planned
infrastructure with development at a transit-supportive density.
Transportation
The Official Plan provides for an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant, healthy
community using land use designations and urban design initiatives that make a wide range of
transportation choices viable. The location of the subject lands in the context of the City’s
integrated transportation system makes a mixed-use development an appropriate form of
development, in the opinion of staff for the following reasons.
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The subject lands are located immediately adjacent to King Street East – a City Arterial Street;
Charles Street East – a Regional Road and Light Rail Transit Corridor Public Transit Right-of-
Way; Madison Ave South – Local Street and Cameron Ave South – Local Street. Further, the
subject lands have convenient access to the Regional Road network, King Street, and Charles
Street, and the Provincial Highway Network, Highways 7 and 8 and Highway 401.
As previously noted, the subject lands are located approximately 150 metres from the Kitchener
Market ION stop, which is a two-way stop. The Borden, Frederick and Queen Stops are also in
proximity to the site. Existing Grand River Transit bus service, including Route 7 (Mainline), is
available on King Street, Route 11 (Country Hills), Route 22 (Laurentian West) and Route 8.
In summary, the proposed high-density built form development is appropriate for the location of
the subject lands in the context of the City’s integrated transportation network that is available to
service the development. Further, the proposed development will support the ION rapid transit
system and result in streetscape improvements which will enhance the public realm thereby
creating a more visually appealing, comfortable and safe streetscape and will offer a gateway
landmark to the Downtown.
Community Benefits/ Density Bonusing
Bonusing is a tool used by Municipalities to allow buildings to exceed the height and density of
development otherwise permitted by zoning by-laws in exchange for community benefits.
Community benefits are often negotiated between a developer and a municipality and are
implemented through a Section 37 Agreement. Bonusing is not new to Kitchener. The City has
had Official Plan policies and zoning in effect for decades, but only recently has it been used in
response to higher density development now occurring within the downtown.
The 2014 Official Plan provides direction on the implementation of bonusingwhile the current in
force Zoning By-law 85-1, provides regulations for bonusing within the downtown only. Section
37(2) of the Planning Act identifies that if a municipality has an Official Plan in effect containing
bonusing provisions, then the municipality can pass a Zoning By-law to authorize increases in
the height and density of a development. The proposed development requires a site-specific
zoning by-law amendment. As previously noted, the maximum Floor Space Ratio (FSR) for all
new development or redevelopment within the Mixed-Use Corridor at this location is 4.0.
Bonusing however, can be applied to sites that are located within Secondary Plans as per
section 16.D.1.4 and/or sites within an MTSA according to section 17.E.17.3 of the Official Plan.
The subject property is located within the King Street East Secondary Plan and is within a
MTSA. Therefore, policies support the use of bonusing. In that regard, the applicant has
requested a maximum FSR of 7.1. Bonusing would only apply to the amount of overage of floor
space ratio being requested. This would equate to a figure of 3.1.
It is important to note that bonsuing is not used to simply justify an increase in FSR. From
staff’s perspective, the proposed FSR of 7.1 is considered appropriate and acceptable because:
a) there is clear policy direction to support it; b) of the site location relative to higher order transit
and proximity to employment and commercial opportunities; c) the podium, which spans the
entire property, is primarily used to accommodate aboveground parking, which is wrapped
appropriately with commercial and residential uses, and accounts for all of the 4.0 FSR allowed
as-of-right and d) the design of the site is considered compatible, functional and serviceable.
City’s policies do not mandate that an owner bonus, but rather suggest that bonusing may
apply. Consequently, the developer could justify an increase without a need for bonusing.
However, the advantage is that it is a way to secure community benefits in exchange for that
density that the City would not otherwise be able to obtain. Therefore, staff has strongly
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encouraged it and the developer has agreed to provide community benefits that would qualify
for bonusing. This is a win/win situation in the opinion of staff.
The maximum Floor Space Ratio (FSR) for all new development and redevelopment of 4.0 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.
Section 17 of the OP provides for a list of items that would qualify for bonusing and of that list.
The following community benefits have been proposed by the developer:
Non-profit, arts, cultural, community or institutional use
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• 60m (645 ft) of space
Public Art – incorporated into the building design
Affordable Housing
TDM
• Class A/B Bicycle Parking Stalls
• Subsidized transit passes
• Bicycle repair stations
• Unbundled parking spaces
Provision of a transit shelter
Streetscape Enhancements
In summary, the City of Kitchener 2014 Official Plan provides support for the use bonusing in
exchange for community benefits providing that sites are either located in a Secondary Plan or a
MTSA and providing that the development proposal constitutes good planning. It has been
demonstrated that the proposed development at the subject location is appropriate given policy
support and design considerations to promote compatibility plus the added density can be
accommodated through existing infrastructure. It is therefore staff’s opinion that bonusing is
appropriate for the aforementioned reasons to obtain community benefits in exchange for an
increase in FSR.
Policy Analysis Summary
In summary, it is staff’s opinion there is broad based policy direction and support at the
Provincial, Regional and City level for the proposed development for the following reasons:
The PPS supports intensification in designated growth areas and/or Major Transit
Station Areas that provides a range of housing options and mix of uses, better utilizes
existing infrastructure and is transit supportive. This proposal will achieve those
objectives.
The Growth Plan is also supportive of intensification within the built-up areas that helps
cities achieve complete communities through providing a range of housing options and
meeting minimum density targets to better utilize existing infrastructure and supporting
transit, especially within areas that fall within a Major Transit Station Area. This
proposal is consistent with the GP.
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The ROP promotes intensification of lands that fall within Major Transit Station Areas to
support the ION. This property is within a MTSA.
The City’s 2014 OP and the 1994 OP, reveal that the subject lands are located within a
Major Transit Station Area and the Central Transit Corridor. Policies encourage higher
density mixed use development that supports the planned function of an MTSA
providing it is compatible with the surrounding neighbourhood and existing
infrastructure is appropriately sized to accommodate the proposed increase in density.
Staff confirms these tests have been satisfied.
A number of supporting documents have been submitted in support of the proposed
development that adequately demonstrates compatibility and meets the servicing test
of the OP.
The design and function of the site satisfies the Urban Design policies of the OP and
generally meets the intent of the Tall Building Guidelines.
The King Street East Secondary Plan designates the subject lands as High Intensity
Mixed Use Corridor. Policies support mixed use development at higher intensities on
lands that have been consolidated for comprehensive, planned redevelopment
adjacent to major roadways. Expectation is for a higher level of urban design because
it is at a gateway location into the downtown. This proposal satisfies those policy
objectives.
Transportation policies of the OP encourage TDM measures to discourage automobile
dependency and encourage cycling, walking and public transit as alternative means of
travel. In addition to the site being ideally located, this proposal achieves the policy
objective by incorporating a number of TDM initiatives within the development to
encourage cycling, walking and use of public transportation.
The development proposes an increase in the FSR from 4.0 to 7.1 using bonusing in
exchange for community benefits. The OP supports the use of bonusing on sites that
are within Secondary Plans or a MTSA providing the development demonstrates good
planning. This property is located within the King Street East Secondary Plan and is
within a MTSA as the Market ION stop is 150 metres away. The PARTS Central Plan,
which will be discussed in detail in the ensuing section, further supports bonusing at
this location. The PARTS Central Plan has not been implemented through policy yet
but it does provide vision and direction. Therefore, staff is encouraging the use of
bonusing for the increased density in exchange for community benefits as there is
policy direction to do so.
Zoning By-law
Current Zoning 85-1
The subject lands are presently zoned High Intensity Mixed Use Corridor Zone (MU-3) with
Special Regulation Provision 544R and Special use Provision 401U. The MU-3 zone permits a
wide range of commercial/retail and residential uses at a maximum FSR of 4.0 and subject to a
number of setback regulations. There is no height restriction in the MU-3 zone. The Special
Regulation Provision 544R further establishes building setbacks and regulations regarding a
food store and commercial floor area. Special use Provision 401U restricts sensitive land uses
on two land parcels located on Cameron Street pending further environmental screening
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considerations. This work has been completed to satisfaction of the Region of Waterloo.
The proposed mixed-use development complies with uses permitted in the as-of-right zoning
but not in terms of the zoning regulations that regulate massing and setbacks. A zone change is
therefore required and will be discussed in the section below.
Proposed Zoning
A zone change is required to permit the redevelopment proposal for this site. The proponent is
seeking an increase in FSR from 4.0 to 7.1 through a Section 37 Agreement which will outline
density bonusing increases in exchange for the provision of community benefits.
The zone change is also being sought to implement the site development as proposed. In
addition to the increase in FSR and bonusing, the zoning requires site specific regulations that
will set a maximum building height, as well as establishing appropriate building setbacks, a
maximum amount of gross floor area devoted to retail/commercial uses, tower step backs, and
parking.
Specifically, the applicant is seeking a zone change to add a special regulation provision 719R
for the following to:
allow an increase in FSR from 4.0 to 7.1 - an increase in FSR of 3.1 - which is to
be provided in exchange for community benefits listed in this report to be secured
through a Section 37 Agreement;
have a 0 metre setback for a podium that is four/five storeys in height
encompassing the entire property from King Street East, Charles Street East,
Cameron Street South and Madison Avenue South.
allow a parking rate of 0.84 spaces per residential unit (exclusive of tandem
parking spaces )
allow a parking rate of 1 space/55 metres square of retail/commercial uses
permit a visitor parking rate of 10% of the required parking spaces;
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have a maximum of 1169 mof gross floor area for retail.
have maximum building height of 72 metres for the tallest tower and 60 metres for
the shorter tower;
allow minimum step back of 2.8 metres where the tower meets the podium at the
fourth storey,
require a Section 37 Agreement for density bonusing in exchange for the
provision of community benefits
CRoZBy (Comprehensive Review of Zoning By-law)
The City of Kitchener is currently undertaking a Comprehensive Review of their Zoning By-law,
known as CRoZBy. The first draft of the by-law was released on May 29, 2017 and was tabled
at Planning and Strategic Initiatives Committee on April 30, 2018. Any properties located within
the PARTS Plan boundaries and outside of the UGC have not been zoned at this time. The
intent is for the zoning to be updated after the Secondary Plans within the PARTS Central Plan
area have been completed. Regardless, the proposed development has been prepared with
consideration of CRoZBy, specifically with regard to the proposed parking standards and
bonusing provisions that were tabled prior to the April 30, 2018 Committee meeting.
The following outlines the proposed CRoZBy parking rates as it relates to the proposed
development:
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0.95 spaces/ residential unit x 488 units= 464
Plus 10% for visitor = 5
2
1.0/50m of retail GFA = 26
Class A Bike Stalls (0.25/unit) = 122
Class B Bike Stalls (6 if more than 20 units) = 6
According to CRoZBy vehicle parking rates, the subject development would require a total of
495 (464 + 5 + 26) parking spaces whereas 434 parking spaces plus 96 tandem parking spaces
equaling 530 parking spaces are proposed. In summary, the proposed parking rates are
consistent with the proposed parking rates being considered in the City’s new zoning by-law,
and if one factors in tandem parking spaces, the number of parking spaces is exceeded.
Tandem parking spaces provide parking for two vehicles, one behind the other. The Zoning By-
law recognizes tandem parking as being only one space although technically two are being
provided. That is why the proposed rate is at 0.84 spaces per unit whereas if tandem were
considered, the rate is closer to 1.0 space per unit. The 10% visitor parking rate being
proposed is similar to what CRoZBY is establishing. A total of 338 indoor bicycle stalls and 15
outdoor stalls will be provided. This well exceeds CRoZBy rates for the provision of bicycle
spaces.
At the present time, bonusing provisions outlined in CRoZBy are for the UGC only. The subject
lands are located just outside of the UGC in the King Street East Mixed Use Corridor. As such,
CRoZBy rates for bonusing do not apply to the subject lands. However, because of its location
relative to the UGC and their shared geography and connection with the east end of the
downtown these rates have been referenced as a basis for bonusing of the subject lands. In that
regard, the bonusing proposed is reflective of the rates used in the first draft of CRoZBy that
was released in 2017 as the direction and planning that went into the design is reflective of
those initial rates. Each site is evaluated for what community benefits make sense for the
affected area and because it is a site specific amendment, different rates could be applied. In
this instance, and through public consultation, for example, it was determined that streetscape
improvements and a community meeting space were identified as community needs. These
have been included in the bonusing and will be provided by Drewlo. Affordable housing was
also mentioned as a benefit and it has been included as well. The other two bonusing
considerations are TDM measures to provide other transportation alternatives that reduce the
reliance of the automobile and the other is the provision of a transit shelter.
Other Considerations
Planning Around Rapid Transit Stations (PARTS)
The primary purpose of the Planning Around Rapid Transit Stations (PARTS) project is to
provide direction for future development and stability within station study areas along with
recommendations for capital projects to ensure that these areas are developed in a way that is
transit supportive and adds value to our community.
PARTS Central Plan
The PARTS Central Plan area was the first PARTS plan to be completed. The Plan contains six
ION stops and all lands within the plan area are generally within 800 metres of a transit stop.
The subject lands are located approximately 150 metres from the Kitchener Market stop,
located along Charles Street East and Cedar Street South.
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The PARTS Central Plan was completed on April 13, 2016 and was approved by the Planning &
Strategic Initiatives Committee and City Council. The PARTS Central Plan objectives are to
manage growth and change, ensure a mix of appropriate land uses, enhance transportation
choice and connectivity, enhance place-making, safety and community design, and to guide
public and private investment. The Committee directed staff to prepare the appropriate
Secondary Plan, Zoning By-law Amendment and related urban design guidelines to implement
PARTS Central Plan. This work has been initiated and is in the initial phases.
The subject lands are identified as High Density Mixed Use in the PARTS Central Plan. The
Mixed-Use designation intends to permit a broad range and compatible mix of land uses
including commercial, retail, institutional and residential uses on the same site or within the
same building at a greater intensity of use.
Development within the Mixed-Use land use is to have a high standard of urban design, be
compatible with surrounding areas, transit supportive and cyclist and pedestrian friendly. The
intent of the designation is to include the planned retail and commercial function to support
residential development and service surrounding neighbourhoods.
The proposed Mixed-Use designation has three classifications, low, medium and high density
and are intended to have intensities that vary and provide for transitioning between the
designations and abutting low rise residential neighbourhoods. Specifically, the High Density
Mixed Use designation permits development with a minimum Floor Space Ratio (FSR) of 1.0
and a maximum FSR of 4.0. There is no maximum permitted height for lands with the High
Density Mixed Use designation. This designation is intended to have the highest intensity of
mixed use development within the PARTS Central Area. Bonusing for increased height and
density is encouraged in the PARTS Central Plan through the City’s Official Plan for areas
within the Urban Growth Centre and Major Transit Station Areas. The intent is that the
maximum FSR may be increased through the use of bonusing provisions in the zoning by-law in
order to promote residential development or redevelopment and the provision of community
benefits. As identified earlier, the subject lands fall within an MTSA.
While PARTS Central Plan has not yet been fully implemented, the Preferred Plan was
reviewed in consideration of the subject applications.
The proposed development supports the objectives and vision of the PARTS Central Plan for
the following reasons:
The proposal represents a compact and sustainable form of development located
adjacent to an ION station stop, adjacent to downtown and the Kitchener Market.
The proposed development contributes to the range and mix of uses within the PARTS
Central Area. A range of uses will create a more vibrant and complete community by
ensuring that activity occurs within the area throughout the day and night, as the area
will result in the addition of new residential units and retail commercial space, which will
benefit the residents of the proposed development as well as existing residents in the
area.
The proposed development has been designed to prioritize active transportation by
providing connections to cycling and pedestrian facilities and providing 342 secure
bicycle parking stations and bike repair stations within the podium, and 15 outdoor
spaces.
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Transportation Demand Management and Parking Reduction Justification
The PARTS Central Plan encourages Transportation Demand Management (TDM) as a means
to reduce traffic congestion, parking supply needs and demand for parking spaces by
encouraging various modes of travel, including supporting ION public transit. Section 12 of the
PARTS Central Plan encourages street furniture, pedestrian and cyclist amenities, encourages
the public provision of bicycle parking and discourages surface parking within the Central Plan
Area. In support of the Official Plan Amendment and Zone Change applications, the following
TDM measures are recommended to encourage non-single occupancy vehicle travel and
reduce parking demand:
Bicycle parking beyond the minimum requirement;
All residential bicycle parking is Class A spaces and located indoors;
Subsidized transit passes;
The provision of a car share space;
Parking charged as a separate cost to occupants (unbundled parking)
The proposed development will provide a variety of transportation demand management
measures such as subsidized transit passes, provide a car share space and offer unbundled
parking. Residential parking is being provided at a rate of 0.8 spaces per unit exclusive of
tandem parking spaces which are being provided. The proposed parking reduction, will reduce
the amount of required visitor parking from 20% to 10% of the total required spaces, and reduce
the commercial parking space requirement to 1 space per 55 square metres of commercial
gross floor area. The proposed TDM measures support the visitor and commercial parking
reductions proposed as part of the zoning by-law amendment. The intent is that the TDM
measures will encourage residents, employees and users of the commercial spaces to travel
using a variety of modes of transportation. Furthermore, the commercial parking and visitor
parking will be able to be shared during ‘off-peak’ hours throughout the day and week. For
example, commercial parking is more likely to be used during daytime hours, and visitor parking
will be used during evening hours and on weekends. In addition, there are several commercial
parking lots within walking distance available to be used by visitors, staff, and patrons.
In summary, based on the proposed TDM measures and the site context, the proposed
development is well suited to serve pedestrians, cyclists, car share users and transit users, and
as a result, the proposed parking justification is appropriate.
Shadow Impact Study
A Shadow Impact Analysis was completed to determine any impact that the proposedbuilding
design may have on nearby residential areas. The study provided an assessment forthree
periods during the day including 10:00am, 1:00pm and 4:00pm shadows for the months of
March, June, Septemberand December. The study identified that any proposed shadows
casted by the towers fall within acceptable ranges for the three critical time periods of March,
June and September. During December, however, the effect of shadow is more apparent.
This is a common occurrence at this time of year where the sun’s angle is at its lowest and
shadows cast further as a result. Winter is the least critical time period due to the fact that
people are indoors.
Staff has considered the study and is generally satisfied with the results.
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Wind Impact Study
RDWI was retained to prepare a Pedestrian Wind Study to assess wind impacts on the
pedestrian experience of the proposed development. The study concluded that building design
elements such as the large podium, chamfered corners of the podium, use of vestibules and
canopies and a covered portico walkway along the King St. façade assist in mitigating the
effects of wind. However, it was recommended that the tower entrances be recessed and that
canopies be used at the southwest and northeast corners of the building to further mitigate the
effects of wind. These measures have been acknowledged and have been incorporated into
the design.
ȁ
Scoped Traffic Impact Study
A scoped Traffic Impact Study (TIS) was prepared in support of an Official Plan Amendment
(OPA), Zoning By-Law Amendment (ZBA), and Site Plan Application (SPA) for the subject
lands. It was carried out in accordance with the procedures outlined in the Region of Waterloo
“Guidelines for a Transportation Impact Study and in consultation with City Transportation staff.
Three site accesses are proposed for the site located approximately mid-block on Cameron
Street S. and Madison Avenue S., between King Street E. and Charles Street E. Two accesses
are for day-to-day resident and retail patrons and the third is for service vehicles and move-in.
The study determined that under 2022 total traffic, the intersections of the site accesses at
Madison Avenue South and Cameron Street South are projected to operate significantly below
capacity, and at a Level of Service “A” during both the weekday a.m. and p.m. peak hours.
Traffic operations along Madison Avenue South and Cameron Street South are projected to
experience similar measures of effectiveness as recorded under existing and future background
conditions, with minimal impact by the site accesses. The full moves site accesses are projected
to serve the development efficiently and safely without issues related to sightlines, corner
clearances, access conflicts, heavy truck movements and transit operational conflicts. In
conclusion, the study indicates that the Official Plan Amendment, Zoning By-Law Amendment,
and Site Plan Applications can be supported from a transportation engineering perspective, as
the boundary road system can accommodate the increase in traffic volumes attributable to the
proposed development.
Transportation Planning staff has reviewed the study and supports the finding of this report.
Heritage Conservation
The subject lands are not identified as being of cultural heritage value or interest by the City of
Kitchener and do not contain any significant built heritage resources which are designated or
‘listed’ under the Ontario Heritage Act.
Site Plan
Site Plan application SP18/002/K/BB was submitted in early 2018 in support of the site
development. The site plan was considered at SPRC Meeting of January 23, 2018 and
approval in principle was not granted at that time pending additional urban design review and
overall improvements to building design. Since the meeting, a NIM was held to gather input
from the public. Staff has met with the owner, his Architect and Consulting Planners on several
occasions to provide input on the design of the site. Considerable improvements to the overall
site and building design have occurred. Staff is satisfied with the design and it is anticipated
that the Manager of Site Development and Customer Service will be granting “approval in
principle” pending the outcome of Council’s decision of the Official Plan Amendment and Zone
change
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Servicing Considerations
A Functional Servicing Report and Stormwater Management Report were prepared in support of
the proposed redevelopment. The purpose of this report is to document servicing, grading and
stormwater management opportunities and constraints for the subject lands. The conclusions of
the study confirm that the proposed development can be adequately serviced by municipal
infrastructure and that there is sufficient capacity within existing services. This conclusion has
been corroborated by City Engineering staff.
AGENCY COMMENTS:
A copy of all comments received from the commenting agencies and City departments are
attached as Appendix “D”. Some comments are discussed in greater detail throughout this
report, but in summary, there are no outstanding concerns with the proposed Official Plan
Amendment and Zone Change applications. Additional considerations will be addressed
through the site development approval process and Section 37 Agreement.
NEIGHBOURHOOD COMMENTS:
Planning staff received written submissions which are attached as Appendix “E”. Comments
were received immediately following the initial circulation in December 2017 and at a
Neighbourhood Information Meeting held on February 6, 2018. 97 letters were mailed out and
a total of 14 written responses were received from the property owner circulation and
approximately 25 individuals, including members of the media, attended the NIM. Additional
information on the comments received from community members during the consultation on
these applications is described in greater detail below.
Overall, comments received were generally positive to see development of these lands will be
occurring, there were issues raised such as:
• Traffic - impact to surrounding road network
• Parking – ensuring there is enough parking on-site
• Pedestrian Safety – need for crosswalks at King/Madison/Cameron
• Infrastructure – impact to services, schools, roads
• Compatibility – height of towers, shadow
• Construction impacts – noise, vibration
• Streetscape – improvements to King
• Need for a Community Meeting space
• High Standard of Urban Design
Traffic
Concern was raised by most residents regarding traffic impacts associated with the
development proposal. To respond, the subject lands are situated with frontage onto both a
Regional Roadway (Charles Street E.) and a Major Arterial Roadway (King Street E.). Although
accesses to the development are proposed off of Madison and Cameron, traffic generated from
this development will connect directly to either King Street or Charles Street at four intersection
locations thus avoiding direct travel through stable residential areas in order to get to those
streets. King and Charles Street roadways are designed to accommodate large volumes of
traffic and are capable of supporting the additional traffic proposed. While it is anticipated the
surrounding streets may experience some traffic associated with this development,
Transportation Planning staff has considered proposed traffic movements and numbers and is
confident the operational capacities of those roadways will not be exceeded. Moreover, the
surrounding road network is well connected, meaning traffic can be dispersed and filtered
through the area with minimal affect.
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A scoped traffic impact study was however prepared to assess the two main points of access
and the impact of traffic existing and entering onto the immediate adjacent road network as is
required by City policy. The study was prepared by a Transportation Engineering consulting
firm in support of the development. The study concluded that traffic impacts at the AM and PM
peak hour timeframes are within acceptable limits as both Madison and Cameron roadways at
this location will operate well within operational efficiencies. This conclusion is shared by the
City’s Transportation Planning staff that reviewed and approved the study. Additionally, as this
site is located within a Major Transit Station Area and within walking distance to the Market ION
station stop and is very close to retail and employment areas, it is anticipated that automobile
trip generation rates will be reduced and/or will decline over time in favour of transit ridership,
cycling or walking.
Pedestrian Safety
Several residents expressed concern with pedestrian safety at King and Cameron and King and
Madison, particularly with high school students being dropped off at this location by GRT buses
and attempting to cross King Street East. The perception is that this development may
contribute to an existing safety concern and that a crosswalk or signalized intersection may be
warranted as a result. Staff was first made aware of this issue through the circulation and wish
to thank residents for bringing this matter to staff’s attention. To respond, Transportation
Planning staff has agreed to examine this issue in detail. It will undertake pedestrian counts
and observe pedestrian behaviour in the area to get an understanding of the nature and extent
of this potential safety concern. Once the results have been compiled and analysed, staff will
report back to Council by the summer recess with the results
Parking
Residents want to ensure the development is adequately parked to avoid spillover parking onto
surrounding neighbourhood streets. This is a common concern and one that staff is always
trying to find a balance of encouraging TDM to reduce vehicle trip generation (and a need for
lots of parking spaces) in favour of public transportation, cycling or walking. To respond, staff is
of the opinion this development proposal strikes a healthy balance of parking spaces and TDM.
Although a parking reduction is being sought, a total of 530 parking spaces (inclusive of tandem
parking) will be provided while incorporating a number of TDM measures to promote and
incentivize using other forms of transportation such as providing unbundled parking, transit
passes, indoor cycling storage, car share spaces, active uses at grade etcetera to offset the
reduction. Moreover, the location of the subject lands relative to the Kitchener Market and other
retail and employment opportunities combined with the fact this is a mixed use proposal,
walking or cycling rather than driving makes more sense for future residents of this
development. The objective of TDM is to encourage a shift in behaviour from a car dominated
culture towards one of using public transportation, cycling and walking. This will take time but in
the interim staff is confident there is a healthy balance of supplying enough parking for the
development while providing a number of TDM measures to encourage use of public transit,
cycling or walking over the longer term.
Infrastructure
Some residents were questioning if the existing servicing infrastructure was adequate for the
proposed development. To respond, a Functional Servicing Report was prepared by the
landowner’s consulting engineering firm to assess the adequacy of services. It concluded there
is sufficient capacity to support the development. This report was reviewed and approved by
the City’s Engineering staff.
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Construction Impacts
Some residents expressed concern about construction impacts and more disruption as a result. To
respond, it is acknowledged that the community surrounding the subject lands has been subject to
construction for several years, including more recently the reconstruction of Charles Street due to
the ION LRT.
The City’s Building Staff monitor, inspect, and enforce all complaints regarding construction debris,
dust, and road conditions. Transportation Planning staff will be advised of any potential road
closures/disruption due to future construction of the site and will work with Drewlo to ensure impact
to the area is minimized as much as possible.
Compatibility
A few comments expressed some concern with the compatibility of the proposal. Staff can
appreciate and understand this sentiment as the proposal represents change for this area. To
respond, it is acknowledged that much of the area is presently dominated with mid to lower rise
forms of commercial/residential land uses and this is the first higher density mixed use
development to occur in an area of transition. Most of the lands situated between the King and
Charles Street corridor have been targeted for planned growth promoting a vision of mixed land
uses of commercial/residential at a higher intensity, particularly for lands such as the subject
site that have been consolidated into a larger parcel. The proximity of the subject lands to the
ION Market station stop further promotes and justifies higher densities of mixed land uses in
order to support the planned function of a Major Transit Station Area. Moreover, despite the
scale and density, the site has been designed to promote compatibility including a podium that
is human scaled and pushed to the street edges, activated with commercial and residential uses
to provide a positive pedestrian-oriented streetscape and public realm. The towers will be step-
backed from the podium so that the presence of height is minimized from street level. Towers
are of varying heights and positioned off-set from one another purposely so to promote a
varying skyline, to reduce impacts of wind and shadow, promote wayfinding and visual interest.
Vehicular access to and from the site is via both Cameron and Madison mid-block between King
and Charles. Multiple accesses help split the traffic flow. Traffic will lead directly to either King
or Charles, roads that have been designed to carry large volumes of traffic thus not having to
travel directly through stable residential neighbourhoods. For these reasons, this site represents
an ideal location to promote the height and density under consideration.
Streetscape Improvements
Several comments were received expressing a need for streetscape improvements. To
respond, staff agrees. This development represents a significant opportunity to introduce
streetscape elements and form to create a positive and lively environment for pedestrians and
residents. Urban Design and Operations staff are working closely with Drewlo’s Landscape
Architect consultant to transform the streetscapes, with an emphasis on King Street, to integrate
the commercial/retail space within the public realm.
Desire for a Community Meeting Space
At the NIM, there were a number of residents who expressed a desire to have a community
meeting space and asked if one could be provided as part of this development. To respond,
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Drewlo has considered this request and has agreed to provide an approximately 65m(700 ft)
meeting office space for community use to be located on the second floor at the corner of
Charles and Madison. The proposed details of the administration of this space will be
determined at a later date.
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Higher Level of Urban Design
At the NIM several residents expressed a desire to see a higher level of design achieved for the
development. To respond, staff agrees. This site is located at the gateway to the downtown
and there is policy direction to require a higher standard of urban design as a result. Compared
to the first iteration of the plan that was viewed at the NIM, the latest version boasts significant
improvements to the overall building design and incorporates many design improvements to
enhance the appearance, form and architecture from the podium to the towers. Staff is
confident the development achieves a higher level of urban design.
PLANNING ANALYSIS:
The subject lands comprise 0.85 hectares that are located in the east end of downtown
Kitchener between two major roadways King Street East and Charles Street East. It is located
within an area of transition as the area moves towards a vision of higher density mixed use in
response to LRT and proximity to the City’s Urban Growth Centre. Given location, size of the
property and proximity to the emerging LRT transit, this property represents a prime
intensification opportunity. To that end, Drewlo Holdings Inc. has submitted planning
applications in support of a high density mixed use development comprised of 488 residential
units housed in two towers atop of a podium that will contain structured and underground
parking for 517 vehicles and activated with commercial ground floor space facing King Street
east and residential above and along Charles Street and sections of Cameron Street and
Madison Avenue.
The property is currently designated as Mixed Use Corridor in the King Street East Secondary Plan;
is identified as being within a Major Transit Station Area and is affected by Special Policy 58 which
recognizes King Street East and Charles Street East as major transit corridors. These policies
support and encourage higher density mixed use development that is transit supportive, pedestrian
friendly and that supports the planned function of a Major Transit Area. The PARTS Central
Planning exercise identifies the subject lands as being High Density Mixed Use. Provincial and
Regional planning policy provides guidance and direction that must be considered when evaluating
changes in land use permissions, especially within the Central Transit Corridor and in areas
identified by the City as an Intensification Area, such as a Major Transit Station Area. This
development proposal is in line with Provincial policy.
Compatibility with the surrounding area has been factored into the design of the site. It is located
within an area of transition targeted for growth and on major transit corridors between two major
roadways that separate and offer transition to stable residential areas located to the east of King
Street commercial corridor and west of the Charles Street corridor. Consideration to wind, traffic and
shadows has been factored into the site design in order to minimize/mitigate impacts. The design
with the podium is pedestrian-friendly with active uses at the street level. It incorporates a number of
TDM measures to encourage walking, cycling and use of public transit. The proposal also meets the
intent of the City’s Tall Building Guidelines.
Community input was sought and considered through the process. The developer has agreed to
provide a number of measures that will directly benefit the community and neighbourhood in
response to needs identified by area residents and Wards 9 and 10 Councillors. The design has
been stepped up in response to staff and resident requests. Any concerns expressed have been
responded to by staff in an appropriate, reasonable and balanced manner. The development
proposal has evolved with input from community members, City staff, and commenting agencies.
Staff is of the opinion the development proposal represents “good planning” for the
In summary,
community and is recommending approval of the application as outlined in Appendix “A” and “B” of
this report.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic vision
through the delivery of core service.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with these recommendations.
COMMUNITY ENGAGEMENT:
INFORM – The Official Plan amendment and Zone Change application have been circulated for
comment to internal departments, external agencies, and all property owners within 120 metres
of the subject lands on December 14, 2017. A NIM was held on February 6, 2018. A list of
interested residents was updated throughout the application process. Written responses from
property owners and interested parties are attached as Appendix “E” and are discussed in this
report. This report has been posted to the City’s website with the agenda in advance of the
council / committee meeting.
CONSULT – The Neighbourhood Information Meeting was held on February 6, 2018.
Reponses and comments identified during that meeting were largely considered in a revised
proposal.
All residents who provided comments or attended one of the Neighbourhood Information
Meetings will be mailed notice of the public meeting, and notice of the public meeting will appear
in the Record on May 25, 2018.
CONCLUSION:
Planning staff’s recommended Official Plan Amendment and amending zoning by-law attached
represent an evolution of the original application and proposal with input from residents, the
applicant, and City staff. The proposed development aligns with the overall objective of locating
transit supportive mixed use development with the Central Transit Corridor that provide places
for people to work. The applications align with Provincial, Regional, and City policies and will
contribute to and support the newly constructed ION rapid transit system. Therefore, Planning
staff are recommending approval of the applications as thy represent good planning.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
Appendix “A” Proposed OPA and OPA Map
Appendix “B” Proposed Zoning By-law & Map No. 1 & Newspaper Advertisement
Appendix “C” Urban Design Brief Summary Recommendations
Appendix “D” Department/Agency Comments
Appendix “E” Community Input
1 - 24
Appendix CSD-18-007
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
471, 481, 505 King Street East and 18, 24 Cameron Street South
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AMENDMENT NO.TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
471, 481, 505 King Street East and 18, 24 Cameron Street South
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
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AMENDMENT NO.TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XX to the Official Plan of the
City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive and Schedule
.
SECTION 2 PURPOSE OF THE AMENDMENT
The purpose of this amendment is to create aSpecial Policy for the subject lands to
increase the maximum Floor Space Ratio and incorporate special policies for bonusing.
SECTION 3 BASIS OF THE AMENDMENT
The subject lands are located at 471, 481, 505 King Street East and 18, 24 Cameron
Street South. The area is designated Mixed Use Corridor in the King Street East
Secondary Plan, which is encouraged for higher density, mixed use development and
redevelopment to a maximum floor space ratio of 4.0.
An Official Plan Amendment is required to allow for an increase in floor space ratio to a
maximum of 7.1 using bonusing through a Section 37 Agreement. The bonusing
provisions of the Official Plan are modified to reflect the new direction with respect to
bonusing for increased Floor Space Ratio (FSR) for the provision of community
amenities as prescribed in the New Official Plan.
The subject lands are located within 500 metres of the Kitchener Market LRT station
stop and are identified in the Official Plan as within a Major Transit Station Area
(MTSA). The development is proposed to be both transit and active transportation
supportive and will include a variety of transportation demand management measures.
The New Official Plan makes provision for the use of bonusing by-laws within
Secondary Plans and Major Transit Station Areas in order achieve community benefits
in exchange for increases in height and density.The application of bonusing for this
proposed development is consistent with the direction in the New Official Plan.
Bonusing measures contemplated for the proposed development include:
a) Transportation Demand Management Measures including, bicycle parking
stalls, subsidized transit passes, bicycle repair stations and unbundled parking
spaces;
b) Provision of a transit shelter;
c) Provision of an indoor space for non-profit arts, cultural, community or
1 - 27
institutional use;
d) Contribution to affordable housing;
e) Provision of streetscape enhancements; and
f) Provision of public art.
The proposed development will improve and activate all four street frontages, with a
specific focus along King Street and Charles Street. King Street East will contain active
frontages with two-storey retail uses at grade, as well as an enhanced streetscape
consisting of street furniture, planting and a covered portico walkway for a positive
pedestrian experience. Charles Street will have two-storey residential units with
entrances at grade to activate the street.
The proposal will provide for streetscape improvements which will enhance the public
realm and create a more visually appealing, comfortable and safe streetscape. The
proposal will offer a gateway landmark to the Downtown, with high quality design and
public art, and will contribute to the mix of uses and housing types within the area.
The maximum floor space ratio, building height and setbacks of the building, will be
regulated in the site specific amending zoning by-law to ensure urban design elements
are implemented.
The proposal conforms to the Provincial Policy Statement, the Growth Plan as well as
the Regional Official Plan, as it promotes walkability, is transit-supportive, maximizes
the use of existing and new infrastructure, and assists in development of this area as a
compact andcomplete community through the broad range of uses. The proposed
development implements the redevelopment vision for the Major Transit Station Area as
prescribed in both our current and newly adopted Official Plan and is therefore good
planning.
SECTION 4 THE AMENDMENT
1. The City of Kitchener Official Plan is hereby amended as follows:
a) That Part 3 Section 13.2.3 is amended to remove Special Policy 1 and add
new Special Policy 6 as follows:
6. a) Notwithstanding, the Mixed Use Corridor designation and
policies,the maximum Floor Space Ratio may be increased to 7.1
and that the bonusing provisions of the Zoning By-law be used in
order to promote residential development or redevelopment and the
provision of community benefits in accordance with Section 17.E.17
of the 2014 Official Plan.
b) Notwithstanding Section 17.E.17 of the 2014 Official Plan,
the community benefits may also include:
.
1 - 28
i) the provision of enhanced streetscape elements, and.
ii) the provision of public art.
b) That Map 10 King Street East Secondary Plan is amended by adding
Special Policy Area No. 6 to the lands municipally known as471, 481, 505
King Street East and 18, 24 Cameron Street South, as shown on the
attached Schedule A.
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´
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FILE:
OP117006KBB_map10
KING STREET EAST
AMENDMENT TO MAP 10
Low Rise ConservationLow Density Commercial ResidentialMedium Density Multiple ResidentialMixed Use CorridorBoundary of Secondary PlanSpecial Policy AreaPrimary Arterial RoadSecondary
Arterial RoadMajor Collector RoadArea of AmendmentFrom Mixed Use CorridorWith Special Policy Area 1To Mixed Use CorridorWith Special Policy Area 6
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ZONE CHANGE APPLICATION ZC 17/018/K/BB
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-18-007
PROPOSED BY LAW
April 27, 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
Drewlo Holdings Inc.
471, 475, 481 & 505 King Street East, 18 to 24 Cameron Street South
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 120 o-law Number 85-1is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map
No. 1, in the City of Kitchener, attached hereto, from High Intensity Mixed Use Corridor Zone
(MU-3) with Special Regulation Provision 544R to High Intensity Mixed Use Corridor Zone
(MU-3) with Special Regulation Provision 719R.
2.-law Number 85-1 is hereby amended by
changingthe zoning applicable to the parcel of land specified and illustrated as Area 2 on Map
No. 1, in the City of Kitchener, attached hereto from High Intensity Mixed Use Corridor Zone
(MU-3) with Special Regulation Provision 544R and Special Use Provision 410U to High
Intensity Mixed Use Corridor Zone (MU-3)with Special Regulation Provision 719R.
3.-law Number 85-1 is 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 719R thereto as
follows:
719. A) Definitions
For the purpose of this regulation:
a) more;
b)portion of a Tall
Building connecting the Base or Podium to the top and housing the
primary function;
c)
floors with a direct relationship to the streetscape and public realm.
1 - 31
This can include multi-storey podiums, portions of a Tower which
extend to the ground floor and structured parking areas;
d)
of the building;
e)he building design
or provided on site which is accessible and visible to the general
public.
f)those functional and decorative elements
that are placed, laid, erected, planted or suspended within a public or
communal urban space. They include public utilities and amenities,
visible elements of service infrastructure, street lights, traffic signs
and signals, street trees and other horticultural elements, general
public furniture, advertising signs and decorations.
B) Notwithstanding Section 55.2.1, Section 55.2.2.1, Section 6.1.2a), and 6.1.2b)vi)B)
of this By-law, within the lands zoned High Intensity Mixed Use Corridor Zone
(MU-3), shown as affected by this subsection, on Schedule 120a
mixed use buildingshallbe permitted in accordance with the following:
Design Standards & Parking
a. The maximum Floor Space Ratio shall be 7.1.
b. The minimum front, side yard abutting streets and rear yard for aPodium
with a maximum height of five storeys shall be 0.0 metres,
c. The minimum stepback for a tower above the Podium is 2.8 metres.
d. The maximum heights of two Tall Buildings are 72 metres and 59.5 metres.
e. The minimum parking shall berequired at a rate of 0.84spaces per
residential unit.
f. The minimum visitor parking rate shall be 10% of the total required
residential parking.
g. The minimum parking requirement for permitted commercial uses shall be 1
space per 55square metres of gross floor area of the retail space.
h. The maximum permitted gross floor area of retail space shall be 1169
square metres.
1 - 32
Bonusing Regulations
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:
a. Transportation Demand Management Measures including, bicycle
parking stalls, subsidized transit passes, bicycle repair stations and
unbundled parking spaces
b. Provision of a transit shelter;
c. Provision of an indoor space for non-profit arts, cultural, community or
institutional use;
d. Contribution to affordable housing;
e. Provision of streetscape enhancements; and
f. Provision of public art.
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 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;
5. This By-law shall come into effect only upon approval by the City of Kitchener, of Official
Plan Amendment No. XX,for 471, 475, 481 and 505 King Street East and 18 to 24
1 - 33
Cameron Street South,but upon such approval, the provisions hereof affecting such lands
shall be deemed to have come into force on the date of passing hereof.
PASSED at the Council Chambers in the City of Kitchener this ______day of
___________,2018
_____________________________
Mayor
_____________________________
Clerk
1 - 34
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B DSD-18-007
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT AND AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER SECTIONS 17, 22 AND 34 OF THE PLANNING ACT
471, 481 & 505 King Street East, 18 to 24 Cameron Street South
The City of Kitchener has received an application for an Official Plan Amendment to change the land use designation from
Mixed Use Corridor with Special Policy 1 to Mixed Use Corridor with Special Policy 6 to permit a maximum Floor Space
Ratio (FSR) of 7.1The City has also received a Zone Change Application to change the zoning from High Intensity Mixed
Use Corridor (MU-3) with Special Use Provisions toHigh Intensity Mixed Use Corridor (MU-3)withSpecial Regulation
Provision 719Rto permit a comprehensive mixed use development.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, JUNE 18, 2018 at 6:00 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 proposals. If a person or public body would otherwise have an ability to appeal the
decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not
make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to
approval/refusal of these proposals, the person or public body is not entitled to appeal the decision.
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).
Brian Bateman,Senior Planner - 519-741-2200 ext.7869 (TTY: 1-866-969-9994); brian.bateman@kitchener.ca
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