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HomeMy WebLinkAboutPlng & Econ Dev - 1992-08-12 SPED\1992-08-12-SPE PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 12, 1992 The Planning and Economic Development Committee met this date in special session commencing at 4:00 p.m. under the Chairmanship of Alderman J. Ziegler, with the following members present: Mayor D.V. Cardillo and Aldermen C. Weylie, B. Stortz, G. Lorentz, M. Wagner, T. Galloway, C. Zehr and J. Smola who entered the meeting shortly after its commencement. Officials Present: Mr. S. Klapman, Mr. T. McCabe, Ms. C. Ladd, Ms. J. Given, Mr. J. Wallace, Mr. J. Willmer, Ms. V. Gibaut, Mr. P. Wetherup, Mr. J. McBride, and Mr. L.W. Neil. Prior to the commencement of this meeting to consider an Official Plan Amendment and Zone Change with respect to the Kitchener Downtown and an Official Plan Amendment pertaining to the Cedar Hill Secondary Plan, Alderman J. Ziegler, Chairman, advised that the recommendations arising from the meeting this date would be considered by City Council at its meeting to be held September 21, 1992. 1. PD 55/92 OFFICIAL PLAN AMENDMENT APPLICATION 92~7 (DOWNTOWN LAND USE POLICIES) -AND ZONE CHANGE APPLICATION 92/12/TC/JG (STAGE 5 OF COMPREHENSIVE ZONING BY-LAW 85-1, DOWNTOWN ZONES) CENTRE WARD AND VICTORIA PARK WARD - AND PD 86/92 - REVISIONS TO OPA 92/7 AND ZCA 921121TCIJG The Committee was in receipt of staff reports PD 55/92 and PD 86/92 dealing with Downtown Policies and Zoning. Staff Report PD 55/92 dated July 9, 1992 contained recommendations relative to Official Plan Amendment Application 92/7 concerning Downtown Land Use Policies and Zone Change Application 92/12/TC/JG pertaining to amendments to By-law 85-1, being the fifth stage of the City's new comprehensive zoning By-law to establish seven new Downtown zones. Attached to the staff report was the Official Plan Amendment Document - Downtown Land Use Policies and the proposed By-law dated July 9, 1992 to amend the zoning by-law so as to establish seven new Downtown zones. It was pointed out that notice that the Committee would hold a public meeting this date had previously been given. The public notice advertisement pointed out that the proposed Official Plan Amendment and Zoning By-law affects those lands known as the Downtown. The Official Plan Policies and designations affecting the Downtown are revised to include many of the recommendations of the Downtown Revitalization Plan and incorporate general and descriptive statements about the nature of development within each designation. Additionally, policies governing urban design in the downtown are added to give direction to the desired form and character of development in the downtown. New policies are added with respect to bonusing, which will encourage the development of new housing in the downtown, the incorporation of public art or indoor or outdoor park and leisure areas into development, and the conservation of Heritage Buildings or facades in the downtown. In exchange for providing any of these features, a development is permitted additional floor area. The Zoning By-law was prepared as part of the City's comprehensive Zoning By-law and implements the Official Plan Policies. Each zone sets out the uses permitted and regulations applying throughout the zone, with special provisions applying to certain properties. The Official Plan and Zoning set out seven different "character" areas within the Downtown, being: Retail Core (D-l) East Market (D-2) Market Village (D-3) Office District (D-4) Commercial Residential (D-5) Warehouse District (D-6) Mackenzie King Square (D-7) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 246 - AUGUST 12, 1992 PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) The Zoning By-law also contains parking requirements for uses locating within the Downtown. In addition to its effect on specific sites within the Downtown, the by-law includes comprehensive changes to the general regulations and definitions which affect all lands currently zoned under By- law 85-1 throughout the City. These changes include revisions to definitions of "building floor area", "building height", "floor space ratio" and "gross floor area" and adds definitions for "bonus floor area", "bonus value", "display window", "facade", "facade height", "outdoor area" and "tourist home". The Committee was also in receipt of Planning and Development Staff Report PD 86/92 dated August 6, 1992 which was prepared as an addendum to staff report PD 55/92. Attached to staff report PD 86/92 was a revised proposed by-law dated August 6, 1992 which was prepared to replace the proposed by-law dated July 9, 1992 that was attached to PD 55/92. The recommendation of PD 86/92 and the revised by-law are the result of final review by the City's legal department of the detailed wording of the by-law and additional consultation and negotiation with various property owners since PD 55/92 was written. All other changes within the by-law dated August 6, 1992 are minor wording changes which do not affect the intent of the provisions of the original by-law. Alderman J. Ziegler, Chairman, advised those in attendance that he would organize those delegates who have registered to speak at the meeting according to the issues. Mr. T. McCabe briefly highlighted the documents under consideration noting that input had been received from many sources and that the proposal represented more innovation with regard to planning regulations and advised that Ms. J. Given and Mr. J. Willmer would provide explanations with respect to major issues. Ms. J. Given commented that when reviewing the current by-law, staff found that there was little vision existing within it and subsequently revision of the zoning by-law and official plan was undertaken. As part of this revision procedure past studies affecting the downtown were reviewed and circulations, presentations and meetings were held with property owners and various negotiations undertaken some of which at this time were not totally complete and consequently staff have recommended that Committee recommendations from the meeting this date not proceed to City Council for consideration and ratification until the Council Meeting scheduled for September 21, 1992. Mr. J. Willmer reviewed the staff documents which the Committee was considering this date that were attached to staff reports PD 55/92 and PD 86/92 and also noted that a further document had been distributed this date dated August 12, 1992 concerning additional revisions to recommendations for the downtown zoning by-law and official plan amendment. In addition he pointed out that also before the Committee was staff report PD 66/92 dated July 3, 1992, being Official Plan Amendment 92/10 which is a boundary adjustment and housekeeping amendment to the Cedar Hill Neighbourhood Secondary Plan. The purpose of this amendment was to incorporate new lands within the Cedar Hill Neighbourhood that were previously included within the downtown area and this matter is dealt with within the next item of these minutes. Mr. Willmer then illustrated and reviewed each of the seven different character areas that the Official Plan and Zoning Amendment propose within the downtown. Ms. J. Given then spoke on the bonusing issue and noted that there were a number of objectives that would not be met through zoning and as a result staff have introduced bonusing to achieve at least some of the objectives. Bonusing would provide for such things as increased residential development, publicly accessible indoor/outdoor park areas which may include public art, and heritage conservation and preservation. She pointed out that the concept of bonusing allows additional density in exchange for providing one of the three options listed. In reference to the matter of parking, Ms. Given noted that the PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86/92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) Downtown Parking Requirement Study was considered and its requirements as well as others were included in the by-law. She pointed out that within the Ring Road the by-law only requires additional parking for new construction and provides for a cash-in-lieu option. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 247 - AUGUST 12, 1992 Mr. J. Willmer stated that the approach taken by staff has been to encourage a compact area for retailing within the downtown and he proceeded to note special attention that has been given to: the largely vacant block bounded by WebedScott/Duke/Frederick Streets, the former St. Jerome's property and buildings, certain heritage buildings in the warehouse district and the area of King Street from Francis to Victoria Streets which has potential as a major entrance to the downtown at its west end. Ms. J. Given spoke to the issue of amusement arcades and the 1991 interim control by-law and extension which was approved by City Council June 15, 1992 pending review of the amusement arcade issue as part of the comprehensive zoning by-law review. She stated that it was still staffs position that commercial entertainment of all forms be permitted within the downtown area and that social concerns were outside of the realm of land use planning. Accordingly she stated that there was provision in the amendment for amusement arcades. Mr. J. Willmer advised of negotiations that have been ongoing respecting the St. Jerome's property, 100 Duke Street West, and referred the Committee to a letter dated July 29, 1992 from Mr. B. Lackenbauer summarizing his understanding regarding discussions with the Local Architectural Conservation Advisory Committee and reviewing outstanding official plan policy and zoning matters regarding 100 Duke Street West. Mr. Willmer explained the staff position on the matter. He drew the Committee's attention to special use provision #139 on page 42 of the proposed by-law dated August 6 and while the Committee agreed to amend the regulation by inserting the words "and constructed prior to 1910" relative to the existing buildings, this action became redundant as a result of a decision by the Committee later in the meeting. Mr. Willmer then referred to page 46 of the proposed by-law dated August 6, 1992 relative to the addition of a new subsection 8 to Appendix F of By-law 85-1. He requested that the last four lines of the subsection pertaining to an educational establishment be revised and restructured by deleting the word "lot" and inserting the words "lands upon which said buildings are situate" and that a corresponding change be made to the official plan. Moved by Alderman G. Lorentz Seconded by Alderman C. Weylie That Clause 10 of the proposed by-law dated August 6, 1992 be partially re-worded after the words Registered Plan 401 to read, "only an educational establishment shall be permitted until such time as a heritage easement is registered to ensure conservation of the significant heritage features of the St. Jerome's school building and the land upon which said buildings are situate is designated under the Ontario Heritage Act, and the holding symbol affecting these lands has been removed by by-law." And further, that a corresponding change in wording be made to the last paragraph of 1.3.4, the Office District Land Use Category of the proposed Official Plan Amendment. Carried Mr. Willmer then referred the Committee to the additional revisions to recommendations for the downtown zoning by-law and official plan in the summary dated August 12, 1992 that was previously distributed. He commented on the revisions proposed with respect to the Kaufman property situate on King Street West. PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) Moved by Alderman G. Lorentz Seconded by Alderman C. Weylie That the additional revisions to recommendations for the Downtown Zoning By-law dated August 6, 1992 and Official Plan Amendment listed in the summary dated August 12, 1992 prepared by staff be approved. Carried Mr. Peter Peachey, President, The Valhalla Companies Limited, Suite 101, 300 The East Mall, PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 248 - AUGUST 12, 1992 Etobicoke appeared as a delegation and advised the Committee that when he purchased the Valhalla Inn property, there was provision legally allowing for the addition of three more stories on top of the original structure. However, it was later decided to expand the building by first building the tower addition adjacent to Charles Street. He advised that currently a four-storey addition to the original structure is being considered in order to develop forty-five condominium units. Mr. Peachey pointed out that staff have expressed a concern regarding shadowing on King Street and have suggested that the addition should be stepped back from King Street but they are unable to do so and still accommodate the proposal. Also, in regard to the parking garage, he advised that there were plans to add a third parking level and to build up to six stories on top of the parking garage. Accordingly, he requested that all their land be designated D-1 and not split into D-1 and D-2 designations so as to provide for comprehensive future development of the entire site. Mr. T. McCabe commented that one of the City's operating principles has been that if a project had a site plan approval commitment from the City it would be honoured. Accordingly an addition to the tower abutting Charles Street is permitted by special regulation but a four-storey addition on the old structure facing King Street would have to meet the general regulations, so as not to affect Market Square. Mr. J. Willmer stated that on King Street two stories could be added and another two stories could also be added provided they were stepped back. He commented that staff feel the D-1 and D-2 designation is appropriate for the land holding and was not a hardship and that in order to develop the six storey addition referred to, it would be necessary to bonus but it could proceed under the regulations proposed. Mr. Peachey stated that he was always under the impression that they could legally add three stories to the older structure. Alderman Lorentz questioned the difference with regard to the split D-1 and D-2 zoning and was advised that the uses were the same but that the main difference was that regulations in an urban design sense were different. Mr. Willmer advised that concerns would be the same even if the zones were not split and pointed out that large retail was not permitted in the D-2 zone. Alderman M. Wagner stated that he was supportive of the request of Mr. Peachey for additional storeys on the original structure since they could have easily been there in any event. However he did ask that a study of how the addition would impact on sunlight to Market Square be undertaken. In response to Alderman B. Stortz Mr. Peachey indicated that a shadowing study could be completed prior to the September 21 st Council Meeting. With respect to the extra level on the existing parking structure Mr. Willmer indicated that that proposal was not a problem. Moved by Alderman M. Wagner Seconded by Alderman B. Stortz That we accede to the request of the Valhalla Inn to permit a 4-storey addition on top of the existing structure fronting on King Street East and delete reference in the proposed by-law dated August 6, 1992 to Building Elevation for the 4-storey addition. Carried PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) Mrs. Nancy Brawley appeared as a delegation on behalf of the Kitchener Downtown Business Association, 98 King Street West to comment on the submission dated July 12, 1992 distributed this date from Doug Marshman, Chairman of the Association. It was indicated in Mr. Marshman's letter that the Board of Directors generally supported the amendments subject to a few concerns. Mrs. Brawley stated that arcades were not a good use for the downtown core because of the problems associated with them and their effect on the downtown core. She stated that the Association was not concerned with arcades located within a mall setting in the downtown and that the Board especially did not want one located near St. Mary's High School. With regard to the matter of the perception of parking as being a problem in the downtown she asked that the bonus regulation system be extended to include parking so as to provide more spaces. Finally in regard to the idea of amenity areas she stated that what should be a positive benefit in reality has often become a negative use. Accordingly it was requested that projects proposing to include amenity areas be circulated to the Business Association for consideration before receiving site plan approval in order that everything could be done to ensure that the effort had positive results. Alderman M. Wagner commented that the problem with the issue of parking in the downtown PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 249 - AUGUST 12, 1992 relates to the cost of parking and not its availability. He stated that he would not want bonusing for parking to take away from other objectives of the bonusing regulations. Mr. T. McCabe commented that the parking question did not fit into the question of bonusing. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That we accede to the request of the Kitchener Downtown Business Association that amusement arcades be prohibited in all Downtown zones with the exception of buildings in the D-1 zone with a minimum gross floor area of 10,000 square metres and where such arcade does not face any part of a street or lane. Carried Mr. P. Britton, McNaughton Hermsen Britton Clarkson Planning Limited, 171 Victoria Street North, appeared as a delegation along with Mr. R. Farwell in regard to the Kaufman site at Victoria and King Streets. Mr. Britton stated that they were pleased with the negotiations and revisions that have taken place to date and had only one minor request for change. He asked that the setback requirement on Victoria Street be reduced from 50 metres to 30 metres within 47.5 metres of King Street. Mr. J. Willmer advised that he had no objection to the request. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That we approve a further revision to the additional staff revisions dated August 12, 1992 so as to add to Appendix 'C' subsection 138 (a) IV (b) to read as follows "shall be permitted to locate in new buildings having a minimum 50 metre setback from Victoria Street or a minimum 30 metre setback from Victoria Street within 47.5 metres of King Street West". Carried Mr. Bruce Lackenbauer, Madorin, Snyder, Barristers 235 King Street East appeared as a delegation along with Mr. P. Britton with respect to the St. Jerome's property, 100 Duke Street West. Mr. Lackenbauer noted that a number of advisors to the congregation of St. Jerome's were in attendance this date to hear the proceedings. PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) Mr. Britton submitted a letter dated August 12, 1992 that was circulated to the Committee and noted that his purpose was to request some flexibility in terms of staff's retail proposal, as it relates to the two oldest buildings on the site. He referred to the deferral of land use aspects until heritage aspects were resolved and noted that they have had an excellent relationship with the Local Architectural Conservation Advisory Committee in this regard. Mr. Britton stated that there was only one minor point of disagreement, being the location of retail, which they requested be permitted on the entire site and not just in the 1907 and 1909 buildings. He stated that the staff proposal causes a number of problems for them and that the retail component was essential to the viability of redeveloping the entire site. Accordingly, as outlined in his letter, Mr. Britton requested that retailing be allowed on the entire site and not restricted to existing buildings subject to a maximum gross floor area of 4,924 square metres and a maximum 1,000 square metre cap for individual retail. In summary, he stated that they support the proposed amendments but request flexibility on the retail aspect. Alderman M. Wagner pointed out that negotiations have saved the buildings even though the interior uses will change and also commented retailing was not seen as a viable alternative in these buildings. Mr. T. McCabe stated that the request of Mr. Britton was a major policy issue that was not supported by staff. He stated that the plan was to orient retailing to King Street and the immediate side streets and that staff were opposed to extending the retail core. Further he commented that PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 250 - AUGUST 12, 1992 trade-offs have already been made and that staff were not willing to trade-off 53,000 square feet that would permit retail uses to locate on the Weber Street frontage of the property. Moved by Alderman M. Wagner Seconded by Alderman T. Galloway That we accede to the request of Mr. P. Britton, on behalf of St. Jerome's, and agree that Subsection 139, Appendix C of the proposed by-law dated August 6, 1992 be revised so as to not restrict retail to existing buildings and to limit retail to a maximum gross floor area of 4,924 square metres and with no single outlet exceeding 1,000 square metres. And further, that a corresponding change in wording be made to the last paragraph of 1.3.4, the Office District Land Use Category of the proposed Official Plan Amendment. Carried Mr. McCabe noted that Mrs. Clemens and Kerschenbaum, 4000 Yonge Street, Toronto had been in attendance earlier but had left the meeting. He pointed out that the issue of concern to the delegation being the uses and designation pertaining to 10-22 Duke Street were opposed by staff. Staff were requested to advise the delegation of the September 21st, 1992 date that City Council would consider these amendments. Mr. Bill Green, Green and Associates Planning Consultants, 155 Lexington Road Waterloo attended on behalf of 572463 Ontario Limited to express support for the staff reports and addendums being considered as they relate to the lands bounded by Duke, Frederick, Weber and Scott Streets. Mr. Norbert Maerz, 88 Church Street, appeared as a delegation in support of a submission dated August 12, 1992 that was distributed to the Committee. Mr. Maerz advised that he owned a small rental property at 20 Wilton Place and that he strongly objected to the new D-3 zoning in the area north of Duke Street as it was extremely restrictive and results in a significant reduction in permitted uses. He stated that his property had commercial zoning when he purchased it and objected to linkage of development of his property to the future expansion of Market PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) Village which in his opinion was highly unlikely. In summary, he asked that no other restrictions be placed on Wilton Place landowners and that the proposed zoning by-law be revised to remove these restrictions that limit land use only to the expansion of Market Village which if it does not expand will sterilize further development of his lands. Mr. J. Willmer stated that Mr. Maerz declined staff offers to meet and discuss his concerns on a face-to-face basis. Nevertheless, in response to issues raised by Mr. Maerz, staff had made certain changes to the zoning by-law which he outlined to the Committee. Further he noted that staff had altered the range of uses of Market Village but are of the opinion that any office development would not occur in the area for a very long time. Mr. Maerz stated that he thought the changes staff had made were minor in nature. Mr. T. McCabe advised that even with the existing C3 zoning Mr. Maerz could only undertake to redevelop the property to a height reflective of the size of the street and would be limited basically to office uses. Alderman B. Stortz stated that he was strongly in favour of the D-3 zoning on the basis that anything else would be destabilizing for the immediate area and that the proposed zoning sends a message of intent to stabilize the area in question. Mr. Joe Pankarican, L. Pankarican Management 55 Scott Street, appeared as a delegation to speak to the same issue as that raised by Mr. Norbert Maerz and outlined a submission dated August 10 from the present owners of properties located on Scott Street that was distributed to the Committee this date. The submission expressed their concerns and opposition to the revised proposed zoning by-law and official plan amendment that will affect their properties. In the submission it was stated that by changing the present C3 zone to D-3 the owners feel their PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 251 - AUGUST 12, 1992 properties will be downgraded as far as the possibility of future development. As well they objected to the designation of adjacent parcels of land as D-4 or D-5 and the manner in which their properties had been sandwiched and zoned D-3. Accordingly it was asked that the Committee extend the D-5 zone to Scott Street or attach the D-4 zone to their properties. The written submission was reviewed by the delegation and it was pointed out that he had bought the property based on the C3 zoning which would now be restricted. The Committee discussed the request and it was noted that there was sufficient time prior to September 21, 1992 for the property owners to fully discuss and present their concerns to staff. Alderman J. Ziegler requested that staff determine what property owners had signed the written submission and advise them that the matter would be considered by City Council on September 21, 1992. Alderman J. Ziegler, Chairman, suggested to the delegation representing L. Pankarican Management Corp. that they obtain a spokesman for the group of property owners in order to better promote their views on this planning matter. No other delegations responded to the Chairman's invitation to address the Committee on these matters. Mr. T. McCabe advised the Committee that there were two locations outside of the ring road that should receive consideration this date relative to parking requirements. The first location relates to the north side of Duke Street between Frederick and Queen Streets and the second location relates to lands comprising the easterly portion of the block bounded by King Street, Francis Street, Hall's Lane and Victoria Street. He noted that a special regulation to allow uses in existing buildings without parking requirements was being suggested by staff. PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) Moved by Alderman C. Weylie Seconded by Alderman B. Stortz That we approve of the addition of new subsections to Appendix 'D' of the proposed by-law dated August 6, 1992 dealing with parking requirements for existing buildings currently zoned C4 so as not to require parking for uses in existing buildings relative to the north side of Duke Street from Frederick Street to Queen Street and the lands comprising the easterly portion of the block bounded by King Street, Francis Street, Hall's Lane and Victoria Street. Carried The recommendations in the staff reports and the requests for revisions as well as the changes agreed to this date were then considered. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the Official Plan Amendment (Downtown Land Use Policies) listed herein and the by-law implementing same be approved, namely: The Official Plan of the City of Kitchener is amended as follows: Map 1, "Plan For Land Use" is amended by deleting the Land Use Category "City Commercial Core" and by adding the identifier "Downtown" with the notation "Refer to Map 5 for detail"; 2. Map 5, "Plan for Land Use: Downtown" is added as shown on the attached Schedule "A"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the term "City Commercial Core" from the existing text of subsections (i), (ii), (iii) and (xii) of Policy IV. 3. CITY STRUCTURE and replacing it with the term "Downtown"; PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 252 - AUGUST 12, 1992 Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the term "City Commercial Core" from the existing text of subsections (i) and (ii) of Policy IV. 5. COMMERCIAL and replacing it with the term "Downtown"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the term "City Commercial Core" from the fourth paragraph of the existing text of subsection (i) of Policy IV. 11. POLICIES FOR SPECIFIC AREAS and replacing it with the term "Downtown"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the term "City Commercial Core" from the existing text of subsection (ii) (b) of Policy IV. 15. ENERGY POLICIES and replacing it with the term "Downtown"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the existing text of Policy IV. 3. URBAN DESIGN subsections ii) and iii); Section IV, "Comprehensive Planning Principles and Policies" is amended by adding the following new Policy IV. 20. BONUSING: 20. BONUSING Bonusing provisions authorize the increase in the height and density of development in return for the provision of those services, facilities or matters which are set out in the Zoning By-law. PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) Objectives To provide an incentive to developers to assist the City in the improvement of the Downtown environment. Policies i) The City will permit an increase in the density of a building on a site to exceed the regulated maximum density only to achieve one or more of the following: a) To create a safe, vibrant and viable Downtown by incorporating residential units as part of a development; b) To improve the quality of the environment in the Downtown through the provision of indoor and outdoor amenity areas which are accessible to and equipped for the use of the general public, are landscaped so as to provide relief to the built environment and integrate art or cultural features for appreciation by the general public; c) To maintain the historic character and architectural significance in the Downtown through the conservation of buildings, building facades and areas recognized under the Ontario Heritage Act. ii) An owner may transfer the increase in density achieved through these policies from the lands on which such facilities or matters are provided to lands having the same designation or to lands within the central portion of the Downtown. iii) Where an owner elects to provide such facilities or matters in exchange for an increase in density, the City shall require the owner of lands on which such facilities of matters are to be provided, and the owners of lands to which density is to be transferred, to enter into one or more agreements setting out the terms of such exchange. Such agreements shall be registered against all lands to which they apply before building permits are issued for any increase in density. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 253 - AUGUST 12, 1992 Section V, "PLAN FOR LAND USE" is amended by deleting the first sentence in paragraph 3 on Page 92 in its entirety and inserting the following in lieu thereof: "This Plan for Land Use includes twenty4ive land use categories: Retail Core, East Market, Market Village, Office District, Commercial Residential Area, Warehouse District, Mackenzie King Square, Regional Shopping Centre, Community Commercial Core, Community Shopping Centre, Neighbourhood Commercial, Service Commercial, Restricted Commercial-Residential, Major Institutional, Estate Residential, Low Density Residential, High Density Residential, Industrial, General Industrial, Heavy Industrial, Business Park, Major Open Space, Existing Development Below the Regional Floodline, Agricultural and Rural Settlement." 10. Section V, "PLAN FOR LAND USE" is amended by replacing the text of Policy V. 1 CITY COMMERCIAL CORE with the following revised text: 1. DOWNTOWN Kitchener's Downtown has historically been the administrative, business and cultural focal point for both the City of Kitchener and the region. Through the combination of working, living and recreational environments, the Downtown has been able to provide a wide range of activities and services for the residents of Kitchener as well as visitors to the City. A vibrant and healthy Downtown is important to the local economy and the establishment of a community identity. Further, it is recognized that the continued PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) success of the Downtown will depend upon the enhancement of its character, the development of its business environment and the enhancement of its value as a place to live. The Downtown is shown on the Plan for Land Use (Map 5) and consists of the following land use categories: Retail Core, East Market, Market Village, Office District, Commercial Residential Area, Warehouse District and Mackenzie King Square OBJECTIVES To restore and enhance the role of the Downtown as the commercial focus of the inner-city neighbourhoods, of the City and of the Region, through enhancement of the administrative, restaurant, entertainment and personal service sectors and a retail sector featuring specialty retail stores which distinguish it from other shopping areas. ii) To establish a vibrant and safe atmosphere in the Downtown and provide a larger market for Downtown businesses through a healthy residential sector by: conserving and enhancing existing residential neighbourhoods and encouraging compatible new development; providing for a variety of residential types in order to meet the needs of all residents in the Downtown; and encouraging and providing incentives for residential development, including infill and conversion to residential use, where compatible with the surrounding environment. iii) To secure opportunities for the conservation of the existing industrial building stock through: * continued use for industry where compatible with adjacent land use; * conversion to function as incubators for new industrial businesses; PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 254 - AUGUST 12, 1992 * conversion to non-industrial use; or heritage conservation. iv) To preserve the City's industrial, commercial and transportation heritage through the establishment of heritage districts and the conservation of individual heritage structures. v) To improve the quality of the pedestrian and cycling environments through conscientious urban design and establishment of comfortable open spaces and linkages. 1.1 COMPREHENSIVE POLICIES 1.1.1 The Downtown comprises a variety of character areas, each having its own atmosphere based on characteristic built form and/or land use, and each providing a different experience. The establishment of an integrated system of character areas will help to attract people to the Downtown and appeal to the Downtown workforce outside of normal business hours. Public and private works within each of the Downtown character areas will be PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) designed to enhance the unique atmosphere of the area. 1.1.2 Land Use Categories will establish policies to encourage appropriate land use and give direction to the type of development within each of the identified character areas. 1.1.3 The ring road will continue to function as the major transportation route for traffic travelling to and from the Downtown as well as for through traffic not destined for the Downtown. 1.1.4 The City shall continue to provide some short and long term parking spaces in the Downtown, while the development industry shall be responsible for the provision of parking for all new development. 1.1.5 The City shall consider accepting cash-in-lieu of parking in the Downtown. 1.1.6 Where a land use designation sets out a maximum floor space ratio, and site plan approval has been granted pursuant to the Planning Act for a development which exceeds this limit, additional floor space shall be permitted on the lot only to the extent of the development previously approved. 1.2 1.2.1 1.2.2 1.2.3 URBAN DESIGN POLICIES Encourage the conservation of buildings and structures of historical or architectural significance or cultural merit, and encourage adjacent buildings to be designed in harmony. Enhance the character of the Downtown through coordinated building, streetscape and landscape designs including such matters as facades, sidewalk surfacing, lighting, street furniture, signage, and landscaping. Design and site buildings to minimize the adverse impacts of micro-climatic conditions on pedestrian comfort levels, adjacent buildings, streets and the use of open space areas. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 255 - AUGUST 12, 1992 In order to ensure that the effects of such conditions as wind, snow deposition, and access to sun are maintained at an acceptable level, street level micro-climate impact studies may be required by the City where massing and siting of buildings may create adverse environmental impacts. Such study shall include the following requirements: A description of the existing and predicted street level micro-climate conditions; ii) A modelling analysis of the impacts, where deemed necessary; iii) A description of mitigating measures proposed to reduce adverse micro-climate conditions, where required. 1.2.4 Add variety to the built form by promoting art in publicly accessible places. This may take the form of statues, murals, fountains, sculptures, plaques, memorials and other displays, which may, for PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) example, commemorate significant events in the history of the City. 1.2.5 Develop entrance treatments to the Downtown which present a positive image of the City, particularly at the intersection of King Street East and the proposed ring road. Such features as public art, enhanced landscaping and open space, signage, and unique building design may be employed to create such an image. 1.2.6 Require landscaped setbacks and treed boulevards along the ring road to provide definition to the Retail Core and add aesthetic appeal for pedestrian and vehicular traffic. 1.2.7. Create an integrated system of character areas each reflecting and enhancing its existing form, atmosphere and heritage. Design buildings to complement and contribute to the character of each different area in terms of massing, siting, shape, building materials, signage and colour. 1.2.8 Contribute to a safe, attractive, accessible and comfortable pedestrian environment in the Downtown by encouraging the use of such features as appropriate signage, canopies, awnings, landscaping, sitting areas and cycling facilities in new development. Particularly, encourage the provision of connections between buildings and transit stops, parking lots, public sidewalks, open space areas and adjacent buildings through the use of arcades, internal doorways and promenades. 1.2.9 Where appropriate, encourage the use of lanes as a means of providing both an interesting shopping environment and a functional and aesthetic asset through their use for store frontage, pedestrian access and service uses. 1.2.10 Maximize street level activity and interest and the functional and visual connection between outdoor activities and indoor activities by limiting non-commercial uses at street level, requiring windows or entrances and limiting continuous blank walls in the Retail Core and East Market. 1.2.11 Preserve the following vistas by discouraging visual obstructions such as elevated walkways over streets: i) Gaukel Street from King Street to Victoria Park; Ontario Street from Duke Street to Victoria School: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 256 - AUGUST 12, 1992 iii) iv) v) Queen Street from Charles Street to King Street; Queen Street from Weber Street to King Street; Frederick Street from Duke Street to Weber Street. 1.2.12 Maintain a streetscape along King Street that is attractive and comfortable to the pedestrian in terms of siting and massing of new buildings, with special emphasis on the effect of height. To achieve this, new development in the Retail Core is required to site its facade close to King Street to PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) create a continuous built edge. That portion of the building to which the pedestrian relates most shall be limited in height to reflect the historic scale and character of the Retail Core. 1.3 LAND USE CATEGORIES 1.3.1 Retail Core The Retail Core is the heart of the Downtown which focuses around the original commercial area of King Street. The Retail Core has historically developed as a pedestrian-oriented environment characterized by ground floor commercial uses in narrow storefronts, providing frequent entrances for the pedestrian. To maintain a concentrated area of viable commercial uses, as well as maintain its appeal for pedestrians by maximizing points of attraction and minimizing walking distances, pedestrian-oriented development will be encouraged not only on King Street but also on side streets and public lanes. The built form is characterized by narrow three to four-storey buildings located close to the street, combining to create a relatively unbroken building facade facing King Street. To encourage new development that is compatible with the existing built form, maximizes pedestrian comfort, and maintains a human scale of buildings, building form, including heights, will be regulated and designed to achieve these objectives. A floor space ratio of 2.0 shall apply to new development. The Retail Core will permit a broad range of all land uses. The predominant use will be ground floor commercial, with residential and office uses above. Mixed use buildings are encouraged; however, in order to maintain the continuity of pedestrian interest at the street level, uses that do not have this characteristic shall be discouraged from locating on the ground floor. Amusement arcades shall not be permitted on lots abutting King Street, unless such amusement arcade is interior to a large building. In order to promote an aesthetically pleasing living environment and pedestrian-oriented streetscape, industrial uses having a noxious component to their operation or requiring outdoor storage or large land areas, and automotive-related commercial uses shall be prohibited. Certain other industrial uses shall be limited in size to ensure compatibility with the primary uses of commercial, residential and office. The section of King Street generally from the east side of Queen Street to the west side of College Street contains several buildings which are designated under the Heritage Act. To emphasize Kitchener's commercial heritage the conservation of all of, or the significant parts of, these buildings shall be an essential element in the consideration of redevelopment. This area has the potential of becoming, and fully meets this Plan's criteria for, a Heritage District. As such, new development in this area, and particularly in close proximity to these buildings, shall respect their massing and conceptual design. In order to enhance the vista from King Street to Victoria Park along Gaukel Street, increased setbacks shall be required and enhanced streetscape designs encouraged. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 257 - AUGUST 12, 1992 In order to promote residential development, heritage conservation, and the provision of public open space amenities, maximum floor space ratios may be increased through the bonusing provisions of the zoning by-law. PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) 1.3.2 East Market The East Market area acts as the eastern entrance to the Downtown, and functions as a transitional area between the Retail Core and the King Street corridor leading from Highway 8 to the Downtown. East Market is adjacent to Market Village and the Kitchener Farmers' Market. In order to enhance the relationship between these areas development will be encouraged to provide a link between King Street and Market Village, and tourist-oriented uses will be encouraged. The area has a market-like atmosphere featuring a rich diversity of ethnic and cultural resources in an environment of open space plazas and irregular building setbacks. In order to sustain and further develop this theme and encourage pedestrian activity, outdoor uses or uses with an outdoor component will be encouraged. New development shall have a maximum floor space ratio of 2.0 and a maximum height which promotes the existing built form of street-oriented, Iow rise development along the King Street frontage. The conversion of existing residential buildings on side streets to commercial uses such as restaurants and boutiques or to mixed commercial-residential uses is preferred. The East Market will permit a broad range of all land uses. The predominant use will be commercial, focusing on small retail outlets to provide for the day-to-day shopping needs of the surrounding neighbourhood, with residential and office uses above. Mixed use buildings are encouraged; however, in order to maintain the continuity of pedestrian interest at the street level, ground floor commercial uses will be those which cater to personal and household needs. In order to promote an aesthetically pleasing living environment and pedestrian-oriented streetscape, automotive-related commercial uses, as well as industrial uses having a noxious component to their operation or requiring outdoor storage or large land areas, shall be prohibited. Certain other industrial uses shall be limited in size to ensure compatibility with the primary uses of commercial, residential and office. In order to concentrate retail activities in the Retail Core, large retail outlets, with the exception of grocery stores, shall be prohibited. Amusement arcades shall not be permitted on lots abutting King Street, unless such amusement arcade is interior to a large building. The two blocks east of Cedar Street and the lands fronting Duke Street west of Cedar Street have strong redevelopment potential owing to assemblies of undeveloped land and/or to the acquisition of lands required to complete the ring road connection. To promote a transition from the King Street corridor to the Downtown and to encourage a high profile entranceway to the Downtown, building height shall not be regulated and a maximum floor space ratio of 4.0 shall be permitted within this area. The block bounded by King Street, Cedar Street and the proposed ring road connection will identify the major entrance to the Downtown. To highlight this prominent location, development shall provide a high quality of landscaping and urban design features. In order to promote residential development, heritage conservation, and the provision of public open space amenities, maximum floor space ratios may be increased through the bonusing provisions of the zoning by-law. 1. P D 55~92 O PA 92~7 AN D ZCA 92/12/TC/JG PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 258 - AUGUST 12, 1992 PD 86/92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) 1.3.3 Market Villaqe Market Village is a unique enclave located adjacent to the east end of the Retail Core. Most of the properties within the Market Village area were originally developed as detached residential dwellings, many of which have been converted to commercial uses given their close proximity to the Retail Core. A collection of buildings on Market Lane, and others on Eby Street have been converted with a similar design theme, creating a friendly and attractive environment appealing to City residents and tourists alike. Similar conversions are encouraged on properties fronting Duke Street and the east side of Scott Street, as well as on Wilton Place, where buildings share many of the same original characteristics as those already converted. Market Village has developed with a strong pedestrian-orientation, emphasized by those buildings on lots fronting only on a private right-of-way, and others fronting only a lane. Effort shall be made to preserve and enhance the built form by encouraging the conversion of the existing buildings for commercial uses and permitting continued development on lots without frontage on a street. In order to promote the conversion and retention of the existing buildings, no parking will be required for uses locating in existing buildings and certain uses which are suitable for locating in the existing buildings but which would not otherwise enhance the unique the character of the area will be permitted in existing buildings only. New development shall be designed so as to be compatible with the existing small, Iow rise buildings on small lots. In order to ensure the integration of new development which respects the existing scale, the maximum floor space ratio of new development shall be 0.75. Market Lane provides a visual and functional link to the Retail Core, with a strong association with the Kitchener Farmers' Market. This should be strengthened by continued improvements to the lanescape and the addition of outdoor amenity areas, activities and buildings appropriately sited to take advantage of the village atmosphere, such as the provision of promenades and art and craft displays. The area should continue to provide a unique range of specialty products and services which take advantage of the village character of the area or promote the use of outdoor promenades and amenity areas, such as boutiques and cafes. Those uses appealing to the cultural and leisure interests of the tourist such as small studios, galleries and museums, but not including amusement arcades, are encouraged. To attract such uses and preserve the village character, no parking shall be required for new development of those uses most likely to enhance the unique character of the area. The residential function of the Market Village area is one which is strictly ancillary to the specialty commercial function; however, for the area north of Duke Street, residential will be permitted as a primary use. 1.3.4 Office District The Office District is located at the northerly edge of the Downtown, immediately north of the Retail Core and extending north to Weber Street. Its interface with Mackenzie King Square, along Weber Street between Queen Street and Frederick Street, is the only connecting point between the Square and the rest of the Downtown. The District is characterized by large office developments and by land assemblies and lots of a size conducive to future large scale developments. The District has excellent access to the primary PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) road network, developments. businesses. making it suitable for large scale office and high density residential These large scale developments will provide a market for Downtown PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 259 - AUGUST 12, 1992 It is important to strengthen the association between the Office District and Mackenzie King Square. Continuation and enhancement of the functional link between offices in the Office District and the County Court House, Registry Office, Regional Administrative Offices and Main Library in Mackenzie King Square is encouraged. This can be complemented by a link between high density residential uses in the Office District and the library, park and cultural arts facilities in Mackenzie King Square. Strong pedestrian linkages along Queen and Frederick Streets should be promoted to integrate Mackenzie King Square with the Office District and the Retail Core. The primary uses within the Office District will be office, high density residential, and institutional. Complementary uses shall be those uses which serve the needs of the office sector, grocery stores and small convenience commercial outlets to serve the residential population. There shall be no maximum limits to the scale of development in the Office District. On the block bounded by Frederick Street, Weber Street, Scott Street and Duke Street, in order to capitalize on the proximity of Market Village and the Kitchener Farmers' Market, small retail outlets shall also be permitted. Assembled lands make this block a potentially significant location for large scale development. In order to protect this potential, new development on small lots shall be prohibited. The bonusing provisions of the zoning by-law will be used to promote heritage conservation. It is recognized that certain features of the St. Jerome's school building, located at the northeast corner of Duke and College Streets, have significant heritage value. Application of a holding provision in the zoning by-law will limit the use on the lot to an educational establishment. The holding provision will be removed only when a heritage easement is registered to ensure conservation of the significant heritage features of the St. Jerome's school building and the lands upon which said buildings are situate is designated under the Ontario Heritage Act. In order to promote the conversion of the building and retention of these features, commercial entertainment will be permitted in existing buildings only and small retail shall also be permitted. 1.3.5 Commercial Residential The four areas designated as Commercial Residential are generally located at the four outer corners of the Downtown. Each is located between an Inner City residential neighbourhood and the Retail Core. Most sites have access to Primary Roads, in particular the Downtown ring road. The majority of buildings in these neighbourhoods were originally single detached dwellings; many have been converted to commercial, multiple residential, or mixed use. Residential and commercial conversions will be permitted. The primary uses within the Commercial Residential areas will be residential, small office, and institutional. Complementary uses serving the day to day needs of the residential population, and limited commercial uses serving the needs of the small office component of the area, shall also be permitted. Convenience retail, other than grocery stores, shall be permitted only in large multiple residential buildings. PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) To promote new residential development a maximum floor space ratio of 3.0 for residential shall be permitted. Non-residential development, other than office, shall be limited to a floor space ratio of 1.5 in order to establish residential as the predominant land use. Only small offices, to a maximum floor space ratio of 0.5, shall be permitted in this designation in order to encourage new large scale office development in the Office District. As an incentive for residential development, a greater floor space ratio will be permitted for office use only if located within a building used primarily for residential purposes. In the area west of Water Street and north of Duke Street, to promote retention of existing PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 260 - AUGUST 12, 1992 buildings and to encourage any new development to be compatible with the massing of existing buildings, a maximum floor space ratio of 0.4 will be applied to all new development. Along the north side of Joseph Street between Francis Street and Water Street, to promote compatibility of new development with the existing Low Density Conservation area on the south side of Joseph Street, new development shall be designed to be compatible with the character of this adjacent development and shall be of a similar height. In order to promote heritage conservation, maximum floor space ratios may be increased through the bonusing provisions of the zoning by-law. 1.3.6 Warehouse District The Warehouse District is situated at the most westerly end of the Downtown, and functions as a transitional area between the Retail Core and the adjacent Service Commercial and General Industrial areas. The area is characterized by many large, old industrial buildings, which may have the potential for conversion to other viable uses. The area serves a different function from the rest of the Downtown as its focus is Victoria Street, a Primary Road, which carries through traffic not necessarily destined for the Retail Core. Sections of the area also have high exposure to traffic on King Street and, to a limited extent, on the ring road. Unlike other parts of the Downtown, the Warehouse District is currently a vehicle-oriented, rather than a pedestrian-oriented environment. Development of the area will emphasize its relative location and historical development. With new industrial uses taking on less of a significant role over time, the reuse and conversion of the industrial buildings for commercial and residential uses as well as for incubators for new industry will be essential to the area's long term growth. New development should be designed so as to complement the design and siting of the existing large, old buildings. Several industrial buildings within the District, and west of the CNR line outside of the area, are designated under the Heritage Act or identified for potential designation, and form part of a larger area of industrial significance. Development in this area should emphasize Kitchener's industrial and transportation heritage which could be expanded upon by, for example, the establishment of an industrial museum, and complemented by the use of lands around the railway station promoting tourism based on heritage. The bonusing provisions of the zoning by-law will be used to promote heritage conservation. PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) Those uses which are suited to the reuse of the existing buildings, such as warehouse outlets, boutiques, flea markets, studios, theatres and restaurants are encouraged to mix in the same building, to create a unique shopping experience. Permitted commercial uses considered to be complementary to the tourist orientation of the heritage museum development could include nightclubs and brew pubs or conference or exhibition facilities. Those uses permitted in the Service Commercial category will be permitted in existing or new buildings, taking advantage of the area's access to Victoria Street. Industrial uses which do not have a noxious component to their operation will continue to form part of the mixture of land use in this area and the retailing of goods manufactured or warehoused as a component of the industrial use will be encouraged, as a complement to the other permitted commercial uses. Some industries located within the Warehouse District contain a component of their operation which would normally be prohibited from locating within the District. To recognize their historical development, their importance as major employers, and to encourage the retention of some of these uses, they may be recognized as permitted uses in the Zoning by-law and permitted to expand. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 261 - AUGUST 12, 1992 In order to encourage the retention of the large, often historically significant buildings which contribute to the character of the area, only within such existing buildings meeting these criteria will retail, office and commercial entertainment be permitted. To further promote the retention of such buildings and in recognition of potential site restrictions, no additional parking shall be required for the uses locating in such existing buildings. Residential shall be permitted in existing buildings subject to holding provisions in the zoning by-law which will be lifted only when the City is in receipt of a letter from the Ministry of the Environment advising that the Ministry is satisfied with allowing residential, having considered the potential adverse environmental conditions or constraints caused by adjacent industrial uses, transportation corridors and site decommissioning requirements. Within buildings located between Victoria Street and the C.N. Railway, no residential shall be permitted in consideration of their proximity to the railway. The full range of retail is permitted on the lots fronting King Street in order to maintain the continuity of retail along King Street and recognize their location at the entrance to the Downtown although large retail outlets are not permitted. In recognition of the size of the property fronting on the north side of King Street between Victoria Street and Francis Street, and its location immediately adjacent to the Retail Core and the ring road, offices are permitted; retail is also permitted within new buildings but only on that part of the property facing and immediately adjacent to King Street. High density residential in new buildings shall be permitted on that part of the property located farthest from Victoria Street subject to holding provisions in the zoning by-law which will be lifted only when the industrial uses permitted by the zoning by-law having a noxious component to their operation cease to exist and are deleted by by-law amendment and the City is in receipt of a letter from the Ministry of the Environment advising that the Ministry is satisfied with allowing residential, having considered the potential adverse environmental conditions or constraints caused by adjacent industrial uses, transportation corridors and site decommissioning requirements. PD 55/92 OPA 92/7 AND ZCA 92/12/TC/JG PD 86/92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) On the lands located at the intersection of Oak Street and Linden Avenue, because of the proximity of the existing residential development interfacing with this area on Oak Street and Linden Avenue, development shall be of a compatible scale and new residential uses shall be permitted as well as those industrial or commercial uses compatible with the residential uses. 1.3.7 Mackenzie Kinq Square Mackenzie King Square is the only area of the Downtown north of Weber Street. It adjoins the Office District for one block of Weber Street and is linked to the Retail Core by Queen and Frederick Streets. The Square has developed as the civic and cultural focal point for the City of Kitchener and for Waterloo Region. It comprises publicly owned lands developed primarily as administrative and cultural uses and open space. Integration of Mackenzie King Square with the rest of the Downtown requires strengthening of both functional and physical links, particularly pedestrian links. Integration of the design, landscape, and pedestrian movement within Mackenzie King Square and development of streetscape themes for Queen and Frederick Streets are encouraged. Mackenzie King Park will be retained as a park to provide open space for residents of the adjacent neighbourhoods and for visitors to the Downtown. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 262 - AUGUST 12, 1992 Mackenzie King Square will continue to be the focus of public institutional, administrative and cultural use. Complementary commercial uses which are clearly ancillary to the main use will be permitted." It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. Carried Moved by Alderman C. Zehr Seconded by Alderman B. Stortz (A) That the Official Plan Amendment Application 92/7 (Downtown Land Use Policies), being an amendment to replace the current policies for the City Commercial Core with new Downtown land use policies, be approved. (B) That Zone Change Application 92/12/TC/JG (City of Kitchener) and the attached "Proposed By-law" dated July 9, 1992 as replaced by the proposed by-law dated August 6, 1992 and as further revised August 12, 1992 in accordance with resolutions passed in respect to: 1. Clause 10 of the proposed By-law dated August 6, 1992 deleting the word "lot" being designated under the Ontario Heritage Act and substituting the "land upon which said buildings are situate", 2. the additional revisions in the summary dated August 12, 1992 prepared by staff, PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) 3. the Valhalla Inn being permitted a 4-storey addition on top of the existing structure fronting King Street East and deleting reference in the proposed By-law to Building Elevation for the 4-storey addition, 4. amusement arcades being prohibited in all Downtown zones with the exception of buildings in the D-1 zone with a minimum gross floor area of 10,000 square metres and where such arcade does not face any part of a street or lane, 5. further revision of the additional staff revisions dated August 12, 1992 so as to add to Appendix 'C' subsection 138 (a) IV (b) to read as follows "shall be permitted to locate in new buildings having a minimum 50 metre setback from Victoria Street or a minimum 30 metre setback from Victoria Street within 47.5 metres of King Street, 6. Subsection 139, Appendix C be revised so as to not restrict retail to existing buildings and to limit retail to a maximum gross floor area of 4,924 square metres and with no single outlet exceeding 1,000 square metres, 7. addition of new subsections to Appendix 'D' dealing with parking requirements for existing buildings currently zoned C4 so as not to require parking for uses in existing buildings relative to the north side of Duke Street from Frederick Street to Queen Street and the lands comprising the easterly portion of the block bounded by King Street, Francis Street, Hall's PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 263 - AUGUST 12, 1992 Lane and Victoria Street, representing amendments to By-law 85-1 and being the fifth stage of the City's new Comprehensive Zoning By-law to establish 7 new downtown zones, be approved, without conditions. It is the opinion of this Committee that the approval of this Application is proper planning for the City and is in conformity with a recommended Amendment (Downtown Land Use Policies) to the City's Approved Official Plan. (c) That the following revisions be made to the policies governing the cash-in-lieu of parking: application of That the Review Committee for Cash-In-Lieu applications comprise representatives of the Departments of Planning and Development, Transportation Services and Economic Development. ii) That for the purposes of determining those circumstances under which only 50% of the cost the spaces will be paid for by the developer, "physical constraints" shall mean constraints imposed only by the presence of existing buildings on site. PD 55~92 OPA 92~7 AND ZCA 92/12/TC/JG PD 86~92 - REVISIONS TO OP & ZC APPLICATIONS (CONT'D) (D) That the Departments of Parks and Recreation, Transportation Services and Public Works consider Policies 1.1.1, 1.2.2 and 1.2.7 of the proposed Official Plan Amendment dealing with the Downtown character areas, when developing and implementing streetscape improvements. (E) That, as part of the 1993 capital budget process, Council consider the expenditure of funds to implement the Market Village Design Study as a high priority. (F) That, as part of the 1993 budget process, Council consider authorizing the expenditure of funds to conduct a study on the use of and improvements to the lanes in the Downtown. Carried PD 66~92 OFFICIAL PLAN AMENDMENT APPLICATION 92/10 (CEDAR HILL SECONDARY PLAN) - VICTORIA PARK WARD As previously noted in discussion of the foregoing item the Committee was in receipt of staff report PD 66/92 dated July 3, 1992 dealing with Official Plan Amendment Application 92/10 pertaining to the Cedar Hill Neighbourhood. The Official Plan Amendment proposes to amend the Cedar Hill Secondary Plan by incorporating additional lands within its boundaries, previously designated "City Commercial Core". These lands are intended to be designated "high density multiple residential" and "high density commercial residential" both of which will permit the same range of uses and densities as the previous City Commercial Core designations. The amendment also includes certain minor housekeeping revisions which will update the terminology within the existing policies and ensure consistency between various secondary plans. In this regard the Committee considered the Official Plan Amendment Document that was attached to the staff report which pointed out that as a result of circulation no technical concerns were identified by departments or agencies and no comments were received from residents. It was also noted in the report that the need to revise the boundaries of the Cedar Hill area arose as a result of the formulation of the new Official Plan Policies and implementing zoning by-law for the downtown. One of the areas included within the downtown was predominantly residential in PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 264 - AUGUST 12, 1992 nature and was not appropriately included within the realm of policies which dealt with predominantly commercial and office uses. Accordingly the subject lands were included within the Cedar Hill Neighbourhood with the boundary between the neighbourhood and the downtown now following Charles and Benton Streets rather than being located in mid-block. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Staff had nothing further to add to the report under consideration. Mr. Ray Baer, 75 St. George Street, appeared as a delegation regarding the proposed Official Plan Amendment. He referred to the goals of the neighbourhood secondary plan and in particular to development pertaining to Church Street and Eby Street. Mr. Baer pointed out that high-rise residential was originally supposed to be located along Charles Street but was then moved back onto Church Street. He requested that planning initiatives work to achieve rejuvenation of the heritage aspect of the Cedar Hill area and that in particular "imagination" be utilized when consideration was being given to higher density development. With respect to the proposed Charles Street boundary Mr. Baer questioned what the residents of the Cedar Hill area had in common with the residents of Charles Street. Alderman M. Wagner responded to the request for the use of imagination PD 66/92 OFFICIAL PLAN AMENDMENT APPLICATION 92/10 (CEDAR HILL SECONDARY PLAN) - VICTORIA PARK WARD (CONT'D) and pointed out that the City had no authority to impose designs and streetscape controls on proposed development. No other delegations responded to the Chairman's invitation to address the Committee on this matter. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the Official Plan Amendment 92/10 (Cedar Hill Neighbourhood Secondary Plan Boundary Adjustment and Housekeeping Amendment) listed herein and the by-law implementing same, be approved, namely: That the Cedar Hill Neighbourhood Secondary Plan as approved by the Regional Municipality of Waterloo on January 11, 1990 and as further revised by City Council on March 9, 1992, be further revised as follows: 1.1 4.4.2 Low Rise Multiple Residential Delete the first paragraph of the existing text in its entirety and replace with the following: "Opportunities for residential development are provided to a maximum density of 40 units per hectare (16 units per acre). Permitted uses are restricted to single detached dwellings, duplexes, semi-detached dwellings, conversion of existing housing stock to multiple dwellings, multiple dwellings, small residential care facilities, home occupations, and private home day care. 1.2 4.4.3 Low Density Multiple Residential Delete the second sentence of the first paragraph of the existing text in its' entirety and replace with the following: "Permitted uses are restricted to single detached dwellings, duplexes, semi-detached dwellings, conversion of existing housing stock to multiple dwellings, multiple dwellings, small PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 265 - AUGUST 12, 1992 residential care facilities, home occupations, and private home day care." 1.2 4.4.4 Medium Density Multiple Residential Delete the first paragraph of the existing text in its' entirety and replace with the following: "The permitted uses are restricted to existing single and semi- detached dwellings, duplexes, conversion of existing housing stock to multiple dwellings, multiple dwellings up to a maximum density of 200 units per hectare (80 units per acre), day care facilities provided they are internal to a large multiple dwelling, small residential care facilities, and private home day care. New large residential care facilities shall not be a permitted use. The Maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area shall not exceed 2.0 times the lot area. PD 66/92 OFFICIAL PLAN AMENDMENT APPLICATION 92/10 (CEDAR HILL SECONDARY PLAN) - VICTORIA PARK WARD (CONT'D) 1.3 4.4.5 Medium Density Commercial Residential Delete the first paragraph of the existing text in its' entirety and replace with the following: "Residential uses are restricted to existing single and semi- detached dwellings, duplexes, conversion of existing housing stock to multiple dwellings, lodging houses, home occupations, private home day care, small residential care facilities, and multiples dwellings. New large residential care facilities shall not be a permitted use. Commercial uses are restricted to office uses, health offices, health clinics, medical laboratories, club facilities, funeral homes, financial establishments, studios, a limited amount of personal services and small convenience retail uses. Religious institutions are also permitted. Land uses may be located in separate buildings or integrated into a mixed use development. Personal services and convenience retail uses must be located within a building used primarily for other commercial or multiple residential uses." Delete the words "of any development" in the first sentence of the second paragraph. 1.4 Hi.qh Density Commercial Residential Delete the existing text in its' entirety and replace with the following: "Permitted land uses are restricted to a broad range of multiple dwellings which may exceed 200 units per hectare (80 units per acre), small residential care facilities, home occupations, private home day care, office uses, health offices and health clinics, medical laboratories, religious institutions, club facilities, funeral homes, financial establishments, studios, personal services and small convenience retail uses. New large residential care facilities shall not be a permitted use. Land uses may be located in separate buildings or integrated into a mixed use development. Personal services and convenience retail uses must be located within a building used primarily for other commercial or multiple residential uses. The Maximum Floor Space Ratio shall be 4.0, that is, the above PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 266 - AUGUST 12, 1992 grade building floor area shall not exceed 4.0 times the lot area." That the following new section be added to the Cedar Hill Secondary Plan as follows: 3.2.4.a) Hi,qh Density Multiple Residential PD 66~92 "The "High Density Multiple Residential" designation permits residential development densities in excess of 200 units per hectare. In the case of development, the above grade building floor area shall not exceed 4.0 times the lot area. OFFICIAL PLAN AMENDMENT APPLICATION 92/10 (CEDAR HILL SECONDARY PLAN) VICTORIA PARK WARD (CONT'D) Permitted residential uses shall be restricted to multiple residential developments. Additional uses permitted within the designation may include a limited amount of personal services, day care facilities and small convenience retail provided such uses are internal to a large residential building. Private home day care, small residential care facilities and home occupations are also permitted. New large residential care facilities shall not be a permitted use." Replace Schedule "A" dated 1990/09 with the revised Schedule "A" dated 1992/05 attached to staff report PD 66/92. It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. Carried The Chairman advised that these recommendations would be considered by City Council at its meeting to be held on Monday, September 21, 1992. ADJOURNMENT On motion, the meeting adjourned at 6:35 p.m. L. W. Neil, AMCT Assistant City Clerk