HomeMy WebLinkAboutDSD-2023-365 - Official Plan Amendment Application OPA22/004/VV/KA - Zoning By-law Amendment Application ZBA22/006/V/KA - 130-142 Victoira Street South - 1936026 Ontario Inc.Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: September 18, 2023
SUBMITTED BY: Stevenson, Garett - Interim Director of Planning, 519-741-2200
ext. 7070
PREPARED BY: Anderl, Katie — Project Manager (Planning), 519-741-2200 ext.
7987
WARD(S) INVOLVED: Ward 9
DATE OF REPORT:
REPORT NO.:
August 14, 2023
DSD -2023-365
SUBJECT: Official Plan Amendment Application OPA22/004/V/KA —
Zoning By-law Amendment Application ZBA22/006/V/KA —
130-142 Victoria Street South — 1936026 Ontario Inc.
RECOMMENDATION:
That Official Plan Amendment Application OPA/22/004/V/KA for 1936026 ONTARIO
INC. requesting a land use designation change from `Mixed Use' to `Mixed Use with
`Specific Policy Area 7' to permit a 25 -storey mixed-use development on the lands
specified and illustrated on Schedule `A', be adopted, in the form shown in the
Official Plan Amendment attached to Report DSD -2023-365 as Appendix `A', and
accordingly forwarded to the Region of Waterloo for approval; and
That Zoning By-law Amendment Application ZBA22/006/V/KA for 1936026 ONTARIO
INC. be approved in the form shown in the `Proposed By-law', and `Map No. 1,
attached to Report DSD -2023-365 as Appendix `B'; and further
That the Development Concept as provided in the `Addendum to Urban Design Brief
dated December 23, 2021, 130-142 Victoria Street South, Kitchener' (prepared by
Arcadis Professional Services (Canada) Inc., and dated June 14, 2023), attached to
Report DSD -2023-365 as Appendix `F' be endorsed.
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation
regarding the Official Plan Amendment and Zoning By-law Amendment applications
for the properties located at 132-140 Victoria Street South. It is planning staff's
recommendation that the Official Plan and Zoning By-law Amendments be approved.
Community engagement included:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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o circulation of a preliminary notice postcard to property owners and residents
within 240 metres of the subject site;
o installation of two large billboard notice signs on the property (one facing
each street);
o follow up one-on-one correspondence with members of the public;
o Neighbourhood Meeting held on July 18, 2022;
o postcard advising of the statutory public meeting was circulated to all
residents and property owners within 240 metres of the subject site and
those who responded to the preliminary circulation; and
o Notice of the public meeting was published in The Record on August 23,
2023.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
Planning staff is recommending approval of the requested Official Plan Amendment
Application to add Site Specific Policy Area 7 to Map 4 and Policy 15.D.2.70 to the text in
the Official Plan to allow for an increased Floor Space Ratio (FSR) of 13.7. Planning Staff
is recommending approval of the requested Zoning By-law Amendment Application to
change the zoning from `Low Intensity Mixed use Corridor Zone (MU -1) with Special Use
and Regulation Provisions 401 U, 1 R and 525R' in Zoning By-law 85-1 to `Mixed -Use
Three Zone (MIX -3) with Site -Specific Regulation 374 and a new Holding Provision 70H' in
Zoning By-law 2019-051 to permit a 25 -storey mixed use building with an increased Floor
Space Ratio (FSR), reduced setbacks, a reduction in parking, and a Holding Provision to
require remediation of the site contamination and completion of a noise study. Staff further
recommend that the Development Concept be endorsed by Council.
BACKGROUND:
1936026 ONTARIO INC. has made applications to the City of Kitchener for an Official Plan
Amendment and a Zoning By-law Amendment proposing to change the land use
designation and zoning of the lands at 130-142 Victoria Street South to permit the lands to
be developed with a 25 -storey, mixed-use development with 249 residential units and
1,190 square metres of non-residential commercial and office space.
The lands are located within the `Urban Growth Centre' and designated `Mixed -Use' in the
City of Kitchener Official Plan, and are currently zoned `Low -Intensity Mixed Use Corridor
Zone (MU -1)' in Zoning By-law 85-1.
The existing zoning permissions:
• Permit a range of permitted uses, including Multiple Dwellings and a wide range
of commercial and institutional uses.
• Allow a maximum building Floor Space Ratio (FSR) of 2.0.
• Permit a maximum building height of 13.5 metres.
• Require 1 parking space for each dwelling unit over 51 square metres of floor
area and, 0.165 parking spaces for dwelling units having a floor area of 51.0
square metres or less (capped at 40% of the dwelling units).
• Special Use Provision 401 U prohibits the development of sensitive uses until a
Record of Site Condition has been completed.
• Special Regional Provision 1 R identifies that the lands are regulated by the
Grand River Conservation Authority.
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Special Regulation Provision 525R permits a reduced lot width, and reduced
building setback for existing buildings.
Site Context
The subject lands include three properties 130, 138 and 142 Victoria Street South, which
together have an area of 0.178 hectares with 37.7 metres of frontage on Victoria Street
South and 47.3 metres of frontage along Bramm Street. Lands would be required to
consolidate prior to development. The subject lands currently contain 3 buildings. 130
Victoria Street South currently contains a former industrial style building which has
historically been used as a dry cleaner, and most currently as a pharmacy, 138 Victoria
Street South currently contains a duplex dwelling, and 142 Victoria Street South contains a
small multiple dwelling with 11 units currently rented to tenants at market rates.
The subject lands are located at the corner of Victoria Street South and Bramm Street.
There are several high intensity mixed use developments that are at various stages of
development in close proximity to the subject lands including existing towers up to 27
storeys to the east, and zoning approved for towers up to 38 storeys to the west. Lands
south of Victoria Street South contain a mix of institutional, commercial and low-rise
residential buildings. The subject lands are situated in prime area for redevelopment and
intensification in the City of Kitchener. They are within the Urban Growth Centre, in close
proximity to rapid transit, and have good access to the downtown cycling grid. Lands to the
north are the former Bramm Street Yards and are currently used as a surface parking lot.
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REPORT:
The applicant is proposing to develop the subject lands with a with a 249 -unit, mixed-use
development including a 25 -storey tower located on top of a 6 storey podium (25 storeys
above ground in total) and having a floor space ratio (FSR) of 13.7. Two levels of below -
ground parking are proposed to accommodate 27 parking spaces, and 249 Class A
bicycle spaces. Two short term service/delivery spaces, and one garbage/loading space is
provided with access from the private rear lane which serves the subject lands and the
development to the west. A shared rooftop amenity space is provided on the 7th floor, and
enhanced streetscaping will be provided beneath a weather protected overhang along
Bramm Street to enhance the public realm and streetscape. Active uses front onto both
adjacent public streets. Detailed plans and elevations may be found in the Addendum to
Urban Design Brief attached as Appendix `F'.
Table 1 below highlights the development concept statistics while Figure 2 shows the
proposed development concept in the context of the existing towers on Garment Street
and the recently approved towers (conceptual) at the corner of Victoria Street and Park
Street.
Table 1. Proposed Development Concept Statistics
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Development Concept
Number of Units
249 dwelling units
Parking Spaces
27 parking spaces (3 barrier free)
Commercial (ground floor)
4 units, 575 square metres
Office (second floor)
576 square metres
Live -work (second floor)
9 units
Total Building Height
25 storeys (80 metres)
Podium Height
6 storeys
Class A (indoor secured)
Bicycle Parking
249 spaces
Class B (outdoor visitor)
Bicycle Parking
6
Electric Vehicle Ready
Parking Stalls
20%
Floor Space Ratio
13.7
Unit Types
61 - bachelor units (24%)
79 — one -bedroom units (32%)
12 - one -bedroom plus den units (5%)
28 — two-bedroom units (11 %)
44 — two-bedroom plus den units (18%)
25 — three-bedroom units (10%)
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Figure 2 — Development Concept Rendering
To facilitate the proposed development, an Official Plan Amendment and a Zoning By-law
Amendment are required to change the land use designation and zoning of the subject
lands. The lands are currently designated `Mixed Use' in the City of Kitchener Official Plan
(2014) and zoned `Low Intensity Mixed Use Corridor Zone (MU -1)' in Zoning By-law 85-1.
The existing zoning has not been updated to reflect the current Official Plan designation.
This work was considered through the Planning Around Rapid Transit Stations (Parts
Central) and is now being incorporated into the Growing Together Project.
The existing Official Plan policies permit a maximum Floor Space Ratio (FSR) of 5.0
where a development includes a below -grade parking structure. The proposed Official
Plan Amendment is to add a Site Specific Policy 15.D.2.70 to increase the Floor Space
Ratio to 13.7.
The proposed Zoning By-law Amendment would remove the subject lands from Zoning
By-law 85-1 and move the lands into the new Zoning By-law 2019-051. The lands are
currently zoned `Low -Intensity Mixed Use Corridor Zone (MU -1)', which permits a
maximum FSR of 2.0, and are proposed to be rezoned to `Mixed Use Three Zone (MIX -3)
with Site Specific Provision 374 and Holding Provision 50H'. Site Specific Provision 374
includes regulations for setbacks, step -backs, building height in metres, an increased
Floor Space Ratio (FSR), a minimum non-residential floor area, a reduced parking rate,
and prohibition of geothermal wells. Holding Provision 50H is proposing to prohibit
residential uses until a Record of Site Condition (RSC) and updated Noise and Vibration
Studies have been completed to the satisfaction of the Region of Waterloo and CN Rail.
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Planning Analysis:
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the
Minister, the council of a municipality, a local board, a planning board and the Tribunal, in
carrying out their responsibilities under this Act, shall have regard to, among other matters,
matters of provincial interest such as,
d) The conservation of features of significant architectural, cultural, historical,
archaeological or scientific interest;
f) The adequate provision and efficient use of communication, transportation,
sewage and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support
public transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive
and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
These matters of provincial interest are addressed and are implemented through the
Provincial Policy Statement, 2020. The City's Official Plan is the most important vehicle for
the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial
policy is adhered to.
The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide
land use planning policy document, potentially replacing the Provincial Policy Statement
and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular
Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this
report was prepared.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable, healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
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To support provincial policies relating to the optimization of infrastructure, transit and
active transportation, the proposed designation and zoning facilitate a compact form of
development which efficiently uses the lands, is in close proximity to transit options
including bus and rapid transit and makes efficient use of both existing roads and active
transportation networks. The lands are serviced and are in proximity to parks, trails and
other community uses. Provincial policies are in support of providing a broad range of
housing. The proposed mixed use development represents market-based housing.
Planning staff is of the opinion that the proposed applications will facilitate the
intensification of the subject property with a high intensity mixed-use development that is
compatible with the surrounding community, helps manage growth, will contribute to a
complete community, is transit -supportive and will make use of the existing infrastructure.
No new public roads would be required for the proposed development and Engineering
staff have confirmed there is capacity in the sanitary sewer to permit intensification on the
subject lands.
Based on the foregoing, staff is of the opinion that this proposal is in conformity with the
PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan):
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation. Policies
of the Growth Plan promote growth within strategic growth areas including major transit
station areas, in order to provide a focus for investments in transit and other types of
infrastructure.
Policy 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment uses,
and convenient access to local stores, services, and public service facilities;
b) improve social equity and overall quality of life, including human health, for
people of all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional
residential units and affordable housing, to accommodate people at all stages of
life, and to accommodate the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe,
comfortable and convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly -accessible open spaces, parks,
trails, and other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban
agriculture;
e) provide for a more compact built form and a vibrant public realm, including
public open spaces;
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f) mitigate and adapt to the impacts of a changing climate, improve resilience and
reduce greenhouse gas emissions, and contribute to environmental
sustainability; and
g) integrate green infrastructure and appropriate low impact development.
Policy 2.2.3 requires that Urban Growth Centres be planned to accommodate significant
population growth with a minimum density target of 200 residents and jobs per hectare.
Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors,
including zoning in a manner that implements the policies of the Growth Plan. MTSAs on
priority transit corridors will be planned for a minimum density target of 160 residents and
jobs combined per hectare for those that are served by light rail transit or bus rapid transit.
The Region of Waterloo's ION is a form of light rail transit and the ION stations are Major
Transit Station Areas (MTSAs) that are required to achieve the minimum density target of
160 residents and jobs combined per hectare.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the
achievement of the minimum intensification and density targets in this plan by identifying a
diverse range and mix of housing options and densities, including additional residential
units and affordable housing to meet projected needs of current and future residents.
The subject lands are located within the delineated built up area, and within the Urban
Growth Centre and Central Station Major Transit Station Area. The proposed development
represents intensification and will help the City achieve density targets in the UGC and
MTSA. The proposed designation and zoning will support a higher density housing option
that will help make efficient use of existing infrastructure, parks, roads, trails, and transit.
Planning staff is of the opinion that the applications conform to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
within the Urban Area. The subject lands are designated Built -Up Area in the ROP and are
within the Central Station Major Transit Station Area (MTSA) and the Urban Growth
Centre (UGC). MTSAs and UGCs are appropriate locations for intensification. The
proposed development conforms to Policy 2.D.1 and 2.D.2 of the ROP as this
development provides for the physical infrastructure and community infrastructure to
support the proposed mixed use development, including transportation networks,
municipal drinking -water supply and wastewater systems, and a broad range of social and
public health services. Regional policies require Area Municipalities to plan for a range of
housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents.
The Region of Waterloo have indicated they have no objections to the proposed
applications or to higher density on the subject lands (Appendix `D'). Planning staff are of
the opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan (OP)
The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision
is further articulated and implemented through the guiding principles, goals, objectives,
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and policies which are set out in the Plan. The Vision and Goals of the OP strive to build
an innovative, vibrant, attractive, safe, complete and healthy community.
Complete Community
A complete community creates and provides access to a mix of land uses including, a full
range and mix of housing, including affordable housing, recreation, commerce, community
and cultural facilities, health care facilities, employment, parks and open spaces
distributed and connected in a coherent and efficient manner. A complete community also
supports the use of public transit and active transportation, enabling residents to meet
most of their daily needs within a short distance of their homes. Kitchener will be planned
as a complete community that creates opportunities for all people to live, work and interact
within close proximity. Planning for a complete community will aid in reducing the cost of
infrastructure and servicing, encourage the use of public transit and active modes of
transportation, promote social interaction, and foster a sense of community.
The applicant is proposing to contribute to a complete community with 249 residential units
and 1,150 square metres of non-residential commercial and office space. Considerable
thought for the orientation and placement of the building, podium heights, building step
backs, and vehicular and pedestrian connections to Victoria Street South and Bramm
Street have been incorporated into the design for this high intensity mixed use
development.
Urban Structure
The Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. Intensification Areas
are targeted throughout the Built-up Area as key locations to accommodate and receive
the majority of development or redevelopment for a variety of land uses. Primary
Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes
and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The
subject lands are located within the Urban Growth Centre (UGC), which is the city's
primary focal point for intensification. Staff is of the opinion that the proposed Official Plan
Amendment will support a development that complies with the City's policies of the UGC
and also contributes to the vision for a complete and healthy city.
Land Use Designation — Urban Growth Centre - Mixed Use
The subject lands are designated `Urban Growth Centre - Mixed Use' (Map 4) of the
Official Plan (2014). The Urban Growth Centre is planned to achieve a minimum density of
225 residents and jobs per hectare and is planned to accommodate a significant share of
the city's population growth. Policies of the Urban Growth Centre support reduced parking
rates where they are supported by Transportation Demand Management (TDM)
measures, and parking designs that locate/screen parking from view of the public realm
and discourage new surface parking lots. Priority is given to pedestrian, cycling and transit
over vehicular circulation and accommodation. Development is required to have regard for
and contribute to the public realm, and high quality urban design is expected.
The Mixed Use land use designation permits a broad range of uses at different scales and
intensities. Policies of the Mixed Use designation encourage developments to achieve a
high standard of urban design, and to be pedestrian -oriented and human -scaled in order
to positively contribute to the public realm. Developments are required to be compatible
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with surrounding areas, be transit -supportive and cycling and pedestrian -friendly. Over
time it is intended that the Mixed Use areas shall intensify and provide a balanced
distribution of commercial, multiple residential and institutional uses.
Consideration of the policies of the Urban Growth Centre- Mixed Use designation are
provided below. The applicant is proposing to add Site Specific Policy 15.D.2.70 to allow a
maximum Floor Space Ratio (FSR) of 13.7 whereas the current Official Plan policies allow
for a maximum FSR of 5.0 for developments which provide for below -grade parking.
PARTS Central Plan
The subject lands are located within the PARTS Central Plan which is a guiding document
for land uses within and around rapid transit station stops. The PARTS Central Plan made
recommendations for amendments to the Official Plan designations within MTSAs, which
have not yet been implemented. Some of the primary recommendations are to encourage
the development of underutilized sites with higher density live -work environments and to
increase housing supply with multi -unit residential while protecting existing stable
neighbourhoods. The subject lands were identified as High Density Mixed Use in the
PARTS Central Plan. The proposed development provides for a higher density housing
option and the proposed amendment is in keeping with the PARTS Central vision for
development.
Neighbourhood Planning Review (NPR)
The subject lands are not within an NPR area as they are located within the designated
Urban Growth Centre.
Growing Together
The Growing Together project is the continuation of the City's ongoing planning review
process that began with Planning Around Rapid Transit Station Areas and advanced
through the Neighbourhood Planning Review (NPR) project, while also responding to new
direction from the province, implementing the updated Regional Official Plan, and
addressing new and emerging city priorities. The subject lands have been identified in the
Growing Together: Draft Approach to Growth and Change as Strategic Growth Area - Four
(SGA4) Zone which is contemplated to have no height or density limits, and no parking
requirement. The proposed development aligns with the direction of Growing Together.
Parkland
The Proposed Development includes private indoor and outdoor rooftop amenity spaces
for residents of the proposed development. The parkland dedication requirement for this
submission and will be assessed at the time of Site Plan Approval and will be subject to
the Parkland Dedication Policy in effect.
Urban Design
Policies of the Urban Growth Centre require high quality urban design for buildings,
signage, and streetscapes to enhance street life and create local pride and interest and
the City encourages innovation and architectural excellence in urban development. Further
direction on contributing to high quality design for particular areas of the Urban Growth
Centre (Downtown) is contained in the Urban Design Policies in Section 11 of the City's
OP. In the opinion of staff, the proposed development meets the intent of these policies,
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specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and
Massing and Scale Design.
Streetscape — Both the Victoria Street South and Bramm Street frontages are activated by
at -grade non-residential commercial units and the building's lobby. The commercial units
and the building lobby have direct access to public sidewalks, and the building design
incorporates a recessed ground floor along the Bramm Street frontage which enhances
the pedestrian realm and provides a weather protected sidewalk along Bramm Street.
This area will be secured as publicly accessible enhancement to the public street through
the future site plan process.
Safety — As part of the site plan approval process, staff will ensure Crime Prevention
Through Environmental Design (CPTED) principles are achieved and that the site meets
the Ontario Building Code and the City's Emergency Services Policy.
Universal Design — The development will be designed to comply with Accessibility for
Ontarians with Disabilities Act and the Ontario Building Code.
Skyline — The proposed building will provide a new feature on the City's skyline. The
proposed building will create visual interest from several different vantage points.
Site Design, Building Design, Massing and Scale — The subject site is designed to have a
development that will be developed at a scale that is compatible with the existing and
planned built form for the surrounding neighbourhood. The tower has a well defined
podium and building step backs which helps enhance the public realm. Massing is broken
up at the 6th 21St and 25th floors which mitigate overlook issues and shadow impacts.
The tower placement has been oriented towards Victoria Street with massing broken up
vertically by articulation and variation in building materials. Furthermore, balconies for the
residential units are included on all elevations. Ground floor commercial units and
residential lobby space are proposed which will further enhance and activate the
streetscape.
Tall Building Guidelines - The proposed development has been reviewed for compliance
with the City's Design for 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, microclimate and
the natural environment including four season design and sustainability; and,
• promote tall building design excellence to help create visually and functionally
pleasing buildings of architectural significance.
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The proposed development concept has been reviewed with these objectives in mind. City
staff has confirmed that the proposed towers are generally consistent with and meet the
overall intent of the City's Design for Tall Building Guidelines.
Shadow Impact Study - The owner has completed a Shadow Impact Study in addition to
the Urban Design Report. Staff have reviewed the study and are satisfied the shadow
study meets the City's requirements, with respect to shadow impacts, as noted in the City
of Kitchener Urban Design Manual.
Wind Study - A wind study was prepared for the consideration of this development
proposal and reviewed by staff. The wind conditions surrounding the proposed
development are generally suitable. A full Wind Assessment be required and further
reviewed at the site plan application stage based on the final design and wind control
features will be required through the site plan approval, as necessary to mitigate wind.
Staff is supportive of the development concept as provided for in the Addendum to Urban
Design Brief (see Appendix `F') and recommend that Council endorse the Development
Concept for implementation through the Site Plan review process.
Public Health and Safety
Official Plan policies seek to minimize and mitigate land use conflicts between sensitive
land uses and natural hazards, sources of noise and vibration, potential contamination,
and aviation safety hazards.
• A portion of the subject properties are in the flood fringe portion of a Two -Zone
Floodplain policy area. Lands located in the flood fringe are developable, subject to
a permit being issued by the Grand River Conservation Authority (GRCA). The
GRCA has reviewed the subject applications and have no objections to the
development proposal.
• A Record of Site Condition is required prior to residential uses being permitted and
a Holding Provision is recommended in this regard.
• An Environmental Noise Feasibility Assessment was submitted in support of the
applications to evaluate traffic, rail and stationary noise sources as well as rail
vibration. The Region and CN Rail have reviewed the report and have requested
that Holding Provisions be applied to the lands through the site-specific zoning to
require completion of a detailed stationary noise study and updated rail noise and
vibration assessment report prior to residential uses being permitted.
• The subject lands are located outside of lands regulated by Transport Canada's
Region of Waterloo International Airport Zoning Regulations (AZR). The owner may
be required to submit Land Use Proposal Submission Forms to NAV CANADA and
an Aeronautical Assessment Forms to Transport Canada to notify them of the
location of the new tall building and any temporary cranes.
Transportation Policies:
The Official Plan supports 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. Policy 3.C.2.22 states that until such time as
Station Area Plans are completed and the Official Plan is amended, any development
application submitted within a Major Transit Station Area will be reviewed generally in
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accordance with the Transit -Oriented Development Policies included in Section 13.C.3.12.
These policies support a compact urban form, that supports walking, cycling and the use
of transit, by providing a mix of land uses in close proximity to transit stops, to support
higher frequency transit service and optimize transit rider convenience. These policies also
support developments which foster walkability by creating safe and comfortable pedestrian
environments and a high-quality public realm.
The proposed Official Plan Amendment and Zoning By-law Amendment applications
support a high-density mixed-use development. The proposed building will result in a built
form that fosters walkability within a pedestrian -friendly environment that allows walking
and cycling to be safe, comfortable, barrier -free and a convenient form of urban travel. A
Streetscape Plan has been prepared demonstrating that the design of the buildings will
feature a high quality public realm which will contribute to the pedestrian experience along
Bramm Street and Victoria Street South. This plan will be further implemented through the
Site Plan review process.
The subject lands are located in close proximity to the Central ION stop and the multi-
modal transit hub. Bus transit is easily accessible with a stop for GRT Route 20 available
on Victoria Street South. The subject site has excellent access to walking and cycling
trails, such as the Iron Horse Trail, Cherry Park Trail and the downtown cycling grid. The
location of the subject lands, in the context of the City's integrated transportation system,
supports the proposal for transit -oriented development on the subject lands. Secure and
weather protected bicycle parking is required as part of the Zoning By-law and is proposed
to be located in several bike rooms within the building.
The Official Plan also includes policies which support reduced parking rates in support of
active transportation and transit in intensification areas. The subject lands are located in
the Urban Growth Centre which is the City's primary intensification area, and has good
access to transit, the cycling network. The subject building has been designed with a
below -grade parking structure to accommodate 27 parking spaces, including 3 barrier free
spaces, and at grade short term loading/delivery spaces are provided off of the private
laneway. The proposed development provides 1 secure and weather protected bike
parking space per unit, and the proposed built form will contribute positively to the
streetscape and enhance the pedestrian experience. Other TDM measures including
unbundled parking, and transit information packages are also proposed. Staff is of the
opinion that the proposed development will help to increase density in an area well served
by nearby transit and rapid transit while being context sensitive to surrounding lands and
provides excellent access to off-road pedestrian and cycling facilities.
Housing Policies:
Section 4. 1.1 of the City's Official Plan contains policies with the primary objective to
provide for an appropriate range, variety and mix of housing types and styles, densities,
tenure and affordability to satisfy the varying housing needs of our community through all
stages of life. The development is contemplated to include a range of unit types including
one, two and three bedroom units, and live -work units, which will appeal to a variety of
household needs.
Sustainable Development
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Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be
sustainable by encouraging, supporting and, where appropriate, requiring:
a) compact development and efficient built form;
b) environmentally responsible design (from community design to building design)
and construction practices;
c) the integration, protection and enhancement of natural features and landscapes
into building and site design;
d) the reduction of resource consumption associated with development; and,
e) transit -supportive development and redevelopment and the greater use of other
active modes of transportation such as cycling and walking.
Development applications are required to demonstrate that the proposal meets the
sustainable development policies of the Plan and that sustainable development design
standards are achieved.
A Preliminary Sustainability Statement and Energy Report were submitted in support of
the applications. Staff have reviewed the reports and find that the Official Plan and Zoning
Bylaw Amendments can be supported as a number of sustainable measures have been
proposed or are being considered for the development. These measures will be further
detailed through the Site Plan Approval stage.
Cultural Heritage
Policies of the Official Plan seek to conserve cultural heritage resources. The property
municipally addressed as 142 Victoria Street South (and located within the subject lands)
is listed as a non -designated property of cultural heritage value or interest on the City's
Municipal Heritage Register. The buildings at 130 and 138 Victoria are not considered to
have heritage value. The subject lands are also located within the Warehouse District
Cultural Heritage Landscape, a significant cultural heritage landscape as per the Kitchener
Cultural Heritage Landscape Study (CHLS) which was prepared by The Landplan
Collaborative Ltd and approved by Council in 2015.
A Heritage Impact Assessment (HIA) was prepared and recommends demolition of the
existing listed structure at 142 Victoria Street South. The HIA was considered by the
Heritage Kitchener Committee at its June 7, 2022, meeting and does not require further
consideration. The final approval of the HIA and the Salvage and Documentation Plan will
be made conditions of Site Plan Approval.
The HIA assessed the three buildings and found that only 142 Victoria Street South had
heritage value, meeting 1 out of 9 criteria of Ontario Regulation 9/06, used to evaluate the
cultural heritage value of the buildings. However, due to the recent changes brought about
by Bill 23 to the Ontario Heritage Act, 142 Victoria Street South would not be a candidate
for designation, as any property must now meet two or more criteria to be considered for
designation. The building could remain listed as a non -designated property of cultural
heritage value on the City's Municipal Heritage Register until January 1, 2025, after which
it will be de -listed and cannot be put back on the Register for the next five (5) years, i.e. -
January 1, 2030. Due to the conclusions of the cultural heritage evaluation of all three
buildings, and with 142 Victoria Street South not meeting the criteria needed for
designation under Part IV of the Ontario Heritage Act, the HIA recommends demolition as
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the preferred option, with conservation through documentation including measured
drawings, photographic documentation, and reuse/salvage of materials and elements
including the date stone and front entrance and other building materials such as bricks in
interior common spaces, and documenting with plaquing and signage. In addition, a
photographic curtain wall is proposed to represent 142 Victoria Street South in the building
elevation of the new development as a commemorative feature.
Through the review process, the applicant worked with planning and heritage staff to
improve the built form. Through this process staff and the applicant explored options which
would have resulted in retention of the fagade in situ, however this solution did not support
the overall design of the podium, and desired ability to activate the street line
fagade. Heritage Planning staff are supportive of the revised development plans and note
that comments provided by staff have been incorporated into the overall design. The
option included in the Addendum to the Urban Design Brief (Appendix `F') is the preferred
option from a heritage commemoration perspective.
Holding Provisions
Policy 17.E.13.1. of the City of Kitchener Official Plan requires that Holding Provisions be
applied in situations where it is necessary or desirable to zone lands for development or
redevelopment in advance of the fulfillment of specific requirements and conditions, and
where the details of the development or redevelopment have not yet been fully resolved. A
Holding provision may be used in order to implement the Official Plan to ensure that
certain conditions, studies or requirements related to a proposed Zoning By-law
Amendment are met. A Holding Provision is proposed to be applied to residential uses and
will not be removed through a by-law amendment until such time as a Record of Site
Condition has been acknowledged by the Province, an updated Stationary Noise Study
has been reviewed and approved by the Region of Waterloo, and an updated noise and
vibration report has been reviewed and approved to the satisfaction of CN.
Proposed Official Plan Amendment and Conclusions
The proposed high-rise, high-density mixed-use development is appropriate in the Urban
Growth Centre. Policies support a compact urban form that encourages walking, cycling
and the use of transit, by providing a mix of land uses in close proximity to transit stops, to
support higher frequency transit service and optimize transit rider convenience. These
policies also support developments which foster walkability by creating safe and
comfortable pedestrian environments and a high-quality public realm. Staff is of the
opinion that the proposed development will help to increase density in an area well served
by nearby rapid transit. The building and development will contribute to a high quality
public realm. Through the Site Plan Approval process, the applicant will be required to
make parkland dedication.
The Official Plan Amendment proposes that the land use designation be changed from
`Mixed Use' to `Mixed Use with Site Specific Policy Area 7' to permit a Floor Space Ratio
(FSR) of 13.7. Based on the above -noted policies and planning analysis, staff is of the
opinion that the proposed Official Plan Amendment represents good planning and
recommends that the proposed Official Plan Amendment be approved in the form shown
in Appendix "A".
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Proposed Zoning By-law Amendment (Zoning By-law 85-1 and 2019-051):
The subject lands are zoned `Low Intensity Mixed Use Corridor Zone (MU -1) with Special
Regulation Provisions 1 R and 525R' (130 and 142 Victoria Street South, and `Low
Intensity Mixed Use Corridor Zone (MU -1) with Special Regulation Provisions 1 R and
525R and Special Use Provisions 401 U' (138 Victoria Street South) in Zoning By-law 85-1.
The existing zoning permissions:
• Permit a range of permitted uses, including Multiple Dwellings and a wide range
of commercial and institutional uses.
• Allow a maximum building Floor Space Ratio (FSR) of 2.0.
• Permit a maximum building height of 13.5 metres.
• Require 1 parking space for each dwelling unit over 51 square metres of floor
area and 0.165 parking spaces for dwelling units having a floor area of 51.0
square metres or less (capped at 40% of the dwelling units).
• Special Use Provision 401 U prohibits the development of sensitive uses until a
Record of Site Condition has been completed.
• Special Regional Provision 1 R identifies that the lands are regulated by the
Grand River Conservation Authority.
• Special Regulation Provision 525R permits a reduced lot width, and reduced
building setback for existing buildings.
The applicant has requested an amendment to remove the lands from Zoning By-law 85-1
and to zone them to `Mixed -Use Three Zone (MIX -3) with Site Specific Provision 374 and
Holding Provision 50H' in Zoning By-law 2019-051. The proposed Site -Specific Provision
is to permit an increased Floor Space Ratio (FSR), regulate building setbacks and to
permit parking to be provided in accordance with the rates of the Urban Growth Centre.
Official Plan policies indicate that where special zoning regulations are requested for
residential intensification or a redevelopment of lands, the overall impact of the site-
specific zoning regulations will consider compatibility with existing built form; appropriate
massing and setbacks that support and maintain streetscape and community character;
appropriate buffering to mitigate adverse impacts, particularly with respect to privacy;
avoidance of unacceptable adverse impacts by providing appropriate number of parking
spaces and an appropriate landscaped/amenity area.
The applicant is seeking to establish a new Site -Specific Provision (374) in Zoning By-law
2019-051 to provide site-specific development standards for the proposed development.
Proposed regulations are below:
a) the minimum setback to Bramm Street shall be:
i. 2.75 metres for the ground floor.
ii. 0.0 metres for storeys above the ground floor.
b) the minimum setback to Victoria Street South shall be 0 metres.
c) the minimum street line stepback from Bramm Street shall be 2.5 metres.
The `MIX -3' zone typically requies a 1.5 metre setback and that towers be stepped back 3.0
metres from the base. Regulation a) implements an increased ground floor setback along
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Bramm Street to provide for a pedestrian space at grade, and permits a reduced setback
for upper floors to 0.0 metres. Reguation b) permits a 0.0 metre setback to Victoria Street
South for the podium. Regualtion c) would permit the tower along Bramm Street to stepback
2.5 metres rather than 3.0 metres. Based on the proposed development concept staff is
satisfied that the proposed setbacks and stepbacks are appropriate. The setbacks to Bramm
Street provide an appropriate pedestiran realm and streetscape, with the buiding providing
a weather protecteted overhang. This design and public access will be further secured and
articulated through the site plan approval process.
A road widening of about 3.0 metres will be dedicated to the Region of Waterloo for Victoria
Street South at the Site Plan stage and will increase the width of right-of-way, which will
provide wider sidewalks than those that exist today. The Region of Waterloo has not
scheduled expansions or reconstruction of this section of Victoria Street South in the near
term. The Region of Waterloo will also require a corner visability triangle on the corner of
the site to ensure adequate visibility for vehicles, cyclists, and pedestrians. Further, the
corner of the site is designed to accommdoate for the residential lobby. The ground floor is
setback to accommodate for corner visibiltiy and provides a weather protected overhang
along the street which will enhance the streetscape. Staff are of the opinon that the
requested regulations are appropriate.
d) the minimum interior side yard setback shall be:
i. 0 metres for any part of the building not exceeding 11 metres in height
ii. 4.0 metres for any part of the building exceeding 11 metres in height.
The purpose of regulation d) is to permit the base of the building, proposed to contain
commercial and office uses to be constructed to the property line, with units on upper
floors to be setback a minimum of 4.0 metres to allow for terraces and stepback for
residential floors. The developer of the subject lands and the adjacent lands have
coordinated their developments in order to provide for a continuous commercial street
edge at grade. Air rights have been negotiated between the property owners for upper
stories to provide to minimum distance separations and tower setbacks to ensure the
intent of the City's Tall Building Gudelines is maintained.
e) the minimum rear yard setback shall be 0 metres.
The purpose of regulation e) is to permit the building to be setback 0 metres to the private
rear lane. This lane is part of adjacent lands, and a legal right-of-way has been approved
by the Committee of Adjustment providing for access. Staff is of the opinoin that no
purpose is served by maining a 7.5 metre setback to the Janeway, and that a 0.0 metre
setback will allow for efficient and effective use of the lands.
f) the maximum building height shall be 80.0 metres.
g) the maximum Floor Space Ratio (FSR) shall be 13.7.
The purpose of regulations f) and g) is to establish a maximum height and density
standards based on the proposed development concept to permit a maximum building
height of 80 metres (approximately 25 storeys) and a maximum Floor Space Ratio of 13.7.
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This represents a requested increase from the typical maximum of 10 storeys and 32
metres and maximum Floor Space Ratio of 5.0 permitted in the proposed base `MIX -3'
zone.
Staff is of the opinion that the development concept is an appropriate built form for the
subject lands, and that the proposed tower meets the intent of the City's Tall Building
Guidelines. As discussed in the OPA, staff are of the opinion that the proposed density and
building height are appropriate for the use of the subject lands.
h) the minimum amount of non-residential gross floor area shall be 5%.
The purpose of regulation h) is to establish a required minimum for non-residential
(retail/commerical) space for the development. This represents a decrease from the typical
minimum of 20% of floor area required to be non-residential in the base `MIX -3' zone. Staff
acknowldge that viability for non-residential space is typically along the street front on the
ground floor level where it is visible to foot traffic. Staff are of the opinion that the proposed
1,150 square metres of non-residential space on the ground and second floors will achieve
the City's objective in promoting a compatible mix of uses within the same building and
provide commercial, office and service opportunities to the surrounding neighbourhood.
i) parking and bicycle parking shall be provided in accordance with the required rates as
provided for UGC Zones in Table 5-5.
The purpose of regulation i) is to provide for a parking rate which is appropriate for the
development. The lands are designated Urban Growth Centre - Mixed Use. Urban Growth
Centre (UGC) zones have not yet been created in Zoning By-law 2019-051, however
Parking Regulations contained in Section 5 provide a specific Urban Growth Centre (UGC)
parking ratio, which permits zero parking be provided for most uses including multiple
residential dwellings. This parking ratio implements Official Plan policies that provide for
reduced parking rates in support of, and in recognition, of active transportation and transit
availability in intensification areas.
The UGC parking rates also require 1 Class A bicycle parking space (long-term secure
and weather protected e.g. bike room) per unit as well as Class B bicycle parking (short-
term secure (outdoor bike rack)). This rate exceeds the 0.5 bicycle parking spaces per
dwelling unit required in a Mixed Use Zone. In addition, 20% of the parking which is
provided must be electric vehicle ready. The subject building has been designed with a
below grade parking structure to accommodate 27 parking spaces, including 3 barrier free
spaces which exceeds minimum requirements in order to enhance access for those
attending the site with barrier free parking needs. In addition, three short-term loading and
delivery spaces are provided off of the private Ianeway, including one which can
accommodate a garbage truck/moving vehicle, and two which can accommodate delivery
vans and contractor's vehicles. Further, there are several short and longer term pay
parking options available in various parking lots and garages throughout the downtown.
Planning and Transportation Services staff is of the opinion that given the location in the
UGC it is appropriate to apply the UGC parking rate to the subject lands.
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j) geothermal wells are prohibited on site. A geothermal well is a well defined as a
vertical well, borehole or pipe installation used for geothermal systems, ground -source
heat pump systems, geo-exchange systems or earth energy systems for heating or
cooling; including open -loop and closed-loop vertical borehole systems. A geothermal
well does not include a horizontal system where construction or excavation occurs to
depths less than five metres unless the protective geologic layers overlaying a
vulnerable aquifer have been removed through construction or excavation."
The purpose of regulation j) is to prohibit a geothermal well on site. This regulation was
requested by the Region of Waterloo to acknowledge potential contamination on site and to
ensure no adverse effects are caused by a geothermal well on site. City staff do not have
concerns with the requested prohibition on geothermal wells on site.
Holding Provision 50H
Official Plan policies permit holding provisions to be applied in those situations where it is
necessary or desirable to zone lands for development or redevelopment in advance of the
fulfillment of specific requirements and conditions, and where the details of the
development or redevelopment have not yet been fully resolved. The City will enact a by-
law to remove the holding symbol when all the conditions set out in the holding provision
have been satisfied, permitting development or redevelopment in accordance with the
zoning category assigned.
Planning staff is recommending that a Holding Provision, in accordance with Regional
comments and requirements, be applied to the zoning of the subject lands. The proposed
Holding Provision will restrict residential uses until:
• a Record of Site Condition has been completed; and
• a detailed transportation (road & rail), vibration and stationary noise study has been
completed and mitigation measures have been implemented to the satisfaction of the
Region of Waterloo and CN.
Staff note that the Holding Provision will replace Special Use Provision 401 U and applies
to the entirety of the subject lands.
Proposed Zoning By-law Amendment Conclusions
Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning
of the subject lands to `Mixed -Use Three Zone `MIX -3 with Site Specific Provision 374 and
a new Holding Provision 50H' in Zoning By-law 2019-051 represents good planning as it
will facilitate the redevelopment of the lands with mixed use development that is
compatible with the existing neighbourhood, which will activate the street, increase the
supply of housing, and provides an appropriate parking rate. Staff are supportive of the
proposed development and recommend that the proposed Zoning By-law amendment be
approved as shown in Appendix "B".
Department and Agency Comments:
Circulation of the Official Plan Amendment and Zoning By-law Amendment was
undertaken in April 2022 to all applicable City departments and other review authorities.
No major concerns were identified by any commenting City department or agency and any
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necessary revisions and updates to plans and supporting documentation were made.
Copies of the comments are found in Appendix'D' of this report.
The following Reports and Studies were considered as part of this proposed Official Plan
Amendment and Zoning By-law Amendment:
• Planning Justification Report
Prepared by: Arcadis/IBI Group (December 21, 2021, updated June 14, 2023)
• Urban Design Brief
Prepared by: Arcadis/IBI Group (December 23, 2021, updated June 14, 2023)
• Shadow Study
Prepared by: Core Architects (December 17, 2021)
• Architectural Package
Prepared by Core Architects (December 17, 2021, updated June 30, 2023)
• Transportation Impact Study, Parking Study & Transportation Demand Management Plan
Prepared by: Paradigm Transportation Solutions Limited (Dec 2021, updated May 2023)
• Phase II Environmental Site Assessment
Prepared by JFM Environmental Limited (March 30, 2022)
• Environmental Noise Feasibility Assessment
Prepared by: Gradient Wind Engineers & Scientists (March 23, 2022)
• Functional Grading and Servicing Plans
Prepared by: Walter Fedy (November 30, 2021, updated May 24, 2023)
• Preliminary Geotechnical and Hydrogeological Investigation
Prepared by: Chung & Vander Doelen (January 24, 2022)
• Functional Servicing and Stormwater Management Report
Prepared by: Walter Fedy (November 30, 2021, updated May 31, 2023)
• Heritage Impact Assessment
Prepared by: LHC Heritage Planning & Archaeology (Dec 2021, updated May 31, 2023)
• Energy Strategy Report
Prepared by: Design Works Engineering (December 10, 2021)
• Preliminary Sustainability Statement
Prepared by: IBI Group (December 20, 2021)
• Pedestrian Level Wind Study
Prepared by: Gradient Wind Engineers & Scientists (November 30, 2021)
• Topographic Survey
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Prepared By: J.D. Barnes Limited (June 12, 2021)
• Landscape and Streetscape Plan
Prepared by: Studio TLA (October 27, 2021, updated May 12, 2023)
Community Input & Staff Responses
WHAT WE HEARD
725 addresses (occupants and property owners) were circulated
and notified
14 people/households/businesses provided comments
A City -led Neighbourhood Meeting was held on July 18, 2022 and
25 different users logged on
Staff received written responses from 14 residents and businesses and the Victoria Park
Neighbourhood Association with respect to the proposed development. These are
included in Appendix `E'. A Neighbourhood Meeting was held on July 18, 2022. In addition,
staff had follow up one-on-one correspondence with members of the public. A summary of
what we heard, and staff responses are noted below.
What We Heard
Staff Comment
Concern that units are not sized
The City of Kitchener does not regulate number of
to accommodate for larger
bedrooms; however, based on feedback the
household sizes.
applicant has increased the range of units to include
a mix as follows:
61 - bachelor units (24%)
79 — one -bedroom units (32%)
12 - one -bedroom plus den units (5%)
28 — two-bedroom units (11 %)
44 — two-bedroom plus den units (18%)
25 — three-bedroom units (10%)
Staff note that more than 25% of units are proposed
to be two-bedroom plus den or three-bedroom,
which is a substantial increase from only 5% in the
original proposal of 13 two-bedroom plus den and 0
three-bedroom).
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Concerns the proposed
A Traffic Impact Study (TIS) was submitted and
development will create traffic
reviewed by City and Regional Transportation staff
that existing roads can not
who did not identify any major traffic concerns as a
handle.
result of the proposed development. Given that only
about 27 parking spaces and 3 loading/delivery
spaces are proposed very little traffic will be
generated by the subject development.
Tall buildings should not be
The proposed building height of 25 storeys is
allowed outside of the downtown
consistent with other tower developments that have
and is not appropriate in the
been constructed or approved along Victoria Street
neighbourhood.
South. Staff have evaluated the impacts of building
height such as shadow impacts, wind, and transition
to low rise residential lands and consider them to be
acceptable for a development of this type.
The tall building will cast
A Shadow Study has been submitted and
shadows on nearby homes.
demonstrates that most shadows associated with the
proposal are cast towards the Bramm Street Yards,
the railway corridor and towards existing high-rise
towers. Staff have reviewed the study and are
satisfied the shadow study meets the City's
requirements as related to shadow impacts and will
have minimal impacts on low-rise residential
properties south of Victoria Street South.
Victoria Park and other nearby
The subject site is located in proximity to City parks
city owned parks are very busy
including Victoria Park and Cherry Park which have
and cannot accommodate
capacity for additional residents. In addition, the
additional residents.
applicant is proposing to provide private amenity
space on rooftop terraces on the podium. This space
will include areas for socializing and dining and will
include landscaping. In addition, the applicant is
proposing streetscape enhancements along both
Victoria Street South and Bramm Street which will be
further determined through a future site plan
process. The parkland dedication requirement for
this submission and will be assessed at the time of
Site Plan Approval and will be subject to the
Parkland Dedication Policy in effect.
Not enough parking is being
The subject site is located in the Downtown or Urban
provided, with a particular lack of
Growth Centre (UGC) and policies prioritize transit,
barrier free parking and short
cycling and walking, rather than provision for private
term deliveries and drop-offs.
vehicles. This is reflected in the existing UGC
parking regulations which require no minimum
parking. Staff recommend that the UGC parking rate
be applied to the subject lands. The applicant is
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Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment
and Zoning By-law Amendment Applications to permit the development of a mixed-use
development at 130-142 Victoria Street South. Staff is of the opinion that the subject
applications are consistent with policies of the Provincial Policy Statement (2020), conform
to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City
of Kitchener Official Plan and represent good planning. Planning staff are recommending
that the applications be approved.
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:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Council / Committee meeting. Large billboard signs were posted on the property and
information regarding the application was posted to the City's website in April of 2022.
Following the initial circulation referenced below, an additional postcard advising of the
statutory public meeting was circulated to all residents and property owners within 240
metres of the subject lands, and those responding to the preliminary circulation. Notice of
the Statutory Public Meeting was also posted in The Record on August 25, 2023 (a copy
of the Notice may be found in Appendix `C').
CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were
circulated to residents and property owners within 240 metres of the subject lands on April
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proposing to provide 27 parking spaces and 3 of
which are proposed to be reserved as Barrier Free
Spaces (which is about 3x more than minimum
requirement). In addition, 2 short-term delivery
spaces and 1 full size loading space are provided
with at grade access via a private Ianeway, which
will reduce the need for such vehicles to stop on
adjacent streets.
Affordable Units should be
This development is not receiving affordable housing
provided.
sponsorship. A mix of unit types and unit sizes are
proposed. The two- and three- bedroom units could
offer a more affordable rent option for future tenants
who could share the cost -of -living accommodations.
What are the future plans for the
At this time, specific development plans for the
Bramm Yards?
Bramm Yards, which is currently used as a surface
parking facility, have not been developed.
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment
and Zoning By-law Amendment Applications to permit the development of a mixed-use
development at 130-142 Victoria Street South. Staff is of the opinion that the subject
applications are consistent with policies of the Provincial Policy Statement (2020), conform
to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City
of Kitchener Official Plan and represent good planning. Planning staff are recommending
that the applications be approved.
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:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Council / Committee meeting. Large billboard signs were posted on the property and
information regarding the application was posted to the City's website in April of 2022.
Following the initial circulation referenced below, an additional postcard advising of the
statutory public meeting was circulated to all residents and property owners within 240
metres of the subject lands, and those responding to the preliminary circulation. Notice of
the Statutory Public Meeting was also posted in The Record on August 25, 2023 (a copy
of the Notice may be found in Appendix `C').
CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were
circulated to residents and property owners within 240 metres of the subject lands on April
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21, 2022. In response to this circulation, staff received written responses from 14
members of the public, which are summarized as part of this staff report and attached in
Appendix `E'. Planning staff also had one-on-one conversations with residents on the
telephone and responded to emails.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Regional Official Plan
• City of Kitchener Official Plan, 1994
• City of Kitchener Zoning By-law 85-1
REVIEWED BY: Tina Malone -Wright— Interim Manager of Development Review,
Planning Division
APPROVED BY: Justin Readman — General Manager, Development Services
ATTACHMENTS:
Appendix A — Proposed Official Plan Amendment
Appendix B — Proposed Zoning By-law Amendment
Appendix C — Newspaper Notice
Appendix D — Department and Agency Comments
Appendix E — Public Comments
Appendix F — Addendum to Urban Design Brief dated December 23, 2021, 130-142
Victoria Street South, Kitchener
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Attachment "A" Proposed Official Plan Amendment
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
130 - 142 Victoria Street South
Page 157 of 399
INDEX
SECTION 1
SECTION 2
SECTION 3
SECTION 4
APPENDICES
APPENDIX 1
APPENDIX 2
APPENDIX 3
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
130 - 142 Victoria Street South
TITLE AND COMPONENTS
PURPOSE OF THE AMENDMENT
BASIS OF THE AMENDMENT
THE AMENDMENT
Notice of the Meeting of Planning and Strategic
Initiatives Committee of September 18, 2023
Minutes of the Meeting of Planning and Strategic
Initiatives Committee — September 18, 2023
Minutes of the Meeting of City Council - DATE
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Attachment "A" Proposed Official Plan Amendment
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. ## to the Official Plan of the City
of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to amend the Official Plan by adding Site Specific
Policy Policy Area 7 to Map 4 - Urban Growth Centre (Downtown) and by adding associated Site
Specific Policy Area 15.D.2.70 to the text of the Official Plan.
SECTION 3 — BASIS OF THE AMENDMENT
Planning Analysis
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that
the Minister, the council of a municipality, a local board, a planning board and the
Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among
other matters, matters of provincial interest such as,
d) The conservation of features of significant architectural, cultural, historical,
archaeological or scientific interest;
f) The adequate provision and efficient use of communication, transportation,
sewage and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support
public transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible,
attractive and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing
climate.
These matters of provincial interest are addressed and are implemented through the
Provincial Policy Statement, 2020. The City's Official Plan is the most important vehicle
for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial
policy is adhered to.
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Attachment "A" Proposed Official Plan Amendment
The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide
land use planning policy document, potentially replacing the Provincial Policy Statement
and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular
Provincial Planning Statement (PPS) which is in draft form and not in effect at the time
this report was prepared.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable, healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development
patterns, optimization of transit investments, and standards to minimize land
consumption and servicing costs.
To support provincial policies relating to the optimization of infrastructure, transit and
active transportation, the proposed designation and zoning facilitate a compact form of
development which efficiently uses the lands, is in close proximity to transit options
including bus and rapid transit and makes efficient use of both existing roads and active
transportation networks. The lands are serviced and are in proximity to parks, trails and
other community uses. Provincial policies are in support of providing a broad range of
housing. The proposed mixed use development represents market-based housing.
Planning staff is of the opinion that the proposed applications will facilitate the
intensification of the subject property with a high intensity mixed-use development that
is compatible with the surrounding community, helps manage growth, will contribute to a
complete community, is transit -supportive and will make use of the existing
infrastructure. No new public roads would be required for the proposed development
and Engineering staff have confirmed there is capacity in the sanitary sewer to permit
intensification on the subject lands.
Based on the foregoing, staff is of the opinion that this proposal is in conformity with the
PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan):
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation.
Policies of the Growth Plan promote growth within strategic growth areas including
major transit station areas, in order to provide a focus for investments in transit and
other types of infrastructure.
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Policy 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment
uses, and convenient access to local stores, services, and public service
facilities;
b) improve social equity and overall quality of life, including human health, for
people of all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional
residential units and affordable housing, to accommodate people at all stages
of life, and to accommodate the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe,
comfortable and convenient use of active transportation,
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly -accessible open spaces, parks,
trails, and other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban
agriculture;
e) provide for a more compact built form and a vibrant public realm, including
public open spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience
and reduce greenhouse gas emissions, and contribute to environmental
sustainability; and
g) integrate green infrastructure and appropriate low impact development.
Policy 2.2.3 requires that Urban Growth Centres be planned to accommodate significant
population growth with a minimum density target of 200 residents and jobs per hectare.
Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors,
including zoning in a manner that implements the policies of the Growth Plan. MTSAs
on priority transit corridors will be planned for a minimum density target of 160 residents
and jobs combined per hectare for those that are served by light rail transit or bus rapid
transit. The Region of Waterloo's ION is a form of light rail transit and the ION stations
are Major Transit Station Areas (MTSAs) that are required to achieve the minimum
density target of 160 residents and jobs combined per hectare.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the
achievement of the minimum intensification and density targets in this plan by
identifying a diverse range and mix of housing options and densities, including
additional residential units and affordable housing to meet projected needs of current
and future residents.
The subject lands are located within the delineated built up area, and within the Urban
Growth Centre and Central Station Major Transit Station Area. The proposed
development represents intensification and will help the City achieve density targets in
the UGC and MTSA. The proposed designation and zoning will support a higher
density housing option that will help make efficient use of existing infrastructure, parks,
roads, trails, and transit. Planning staff is of the opinion that the applications conform to
the Growth Plan.
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Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will
be within the Urban Area. The subject lands are designated Built -Up Area in the ROP
and are within the Central Station Major Transit Station Area (MTSA) and the Urban
Growth Centre (UGC). MTSAs and UGCs are appropriate locations for intensification.
The proposed development conforms to Policy 2.D.1 and 2.D.2 of the ROP as this
development provides for the physical infrastructure and community infrastructure to
support the proposed mixed use development, including transportation networks,
municipal drinking -water supply and wastewater systems, and a broad range of social
and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various
physical, social, economic and personal support needs of current and future residents.
The Region of Waterloo have indicated they have no objections to the proposed
applications or to higher density on the subject lands (Appendix `D'). Planning staff are
of the opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan (OP)
The City of Kitchener OP provides the long-term land use vision for Kitchener. The
vision is further articulated and implemented through the guiding principles, goals,
objectives, and policies which are set out in the Plan. The Vision and Goals of the OP
strive to build an innovative, vibrant, attractive, safe, complete and healthy community.
Complete Community
A complete community creates and provides access to a mix of land uses including, a
full range and mix of housing, including affordable housing, recreation, commerce,
community and cultural facilities, health care facilities, employment, parks and open
spaces distributed and connected in a coherent and efficient manner. A complete
community also supports the use of public transit and active transportation, enabling
residents to meet most of their daily needs within a short distance of their homes.
Kitchener will be planned as a complete community that creates opportunities for all
people to live, work and interact within close proximity. Planning for a complete
community will aid in reducing the cost of infrastructure and servicing, encourage the
use of public transit and active modes of transportation, promote social interaction, and
foster a sense of community.
The applicant is proposing to contribute to a complete community with 249 residential
units and 1,150 square metres of non-residential commercial and office space.
Considerable thought for the orientation and placement of the building, podium heights,
building step backs, and vehicular and pedestrian connections to Victoria Street South
and Bramm Street have been incorporated into the design for this high intensity mixed
use development.
Urban Structure
The Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. Intensification Areas
are targeted throughout the Built-up Area as key locations to accommodate and receive
the majority of development or redevelopment for a variety of land uses. Primary
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Intensification Areas include the Urban Growth Centre, Major Transit Station Areas,
Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan.
The subject lands are located within the Urban Growth Centre (UGC), which is the city's
primary focal point for intensification. Staff is of the opinion that the proposed Official
Plan Amendment will support a development that complies with the City's policies of the
UGC and also contributes to the vision for a complete and healthy city.
Land Use Designation — Urban Growth Centre - Mixed Use
The subject lands are designated `Urban Growth Centre - Mixed Use' (Map 4) of the
Official Plan (2014). The Urban Growth Centre is planned to achieve a minimum density
of 225 residents and jobs per hectare and is planned to accommodate a significant
share of the city's population growth. Policies of the Urban Growth Centre support
reduced parking rates where they are supported by Transportation Demand
Management (TDM) measures, and parking designs that locate/screen parking from
view of the public realm and discourage new surface parking lots. Priority is given to
pedestrian, cycling and transit over vehicular circulation and accommodation.
Development is required to have regard for and contribute to the public realm, and high
quality urban design is expected.
The Mixed Use land use designation permits a broad range of uses at different scales
and intensities. Policies of the Mixed Use designation encourage developments to
achieve a high standard of urban design, and to be pedestrian -oriented and human -
scaled in order to positively contribute to the public realm. Developments are required to
be compatible with surrounding areas, be transit -supportive and cycling and pedestrian -
friendly. Over time it is intended that the Mixed Use areas shall intensify and provide a
balanced distribution of commercial, multiple residential and institutional uses.
Consideration of the policies of the Urban Growth Centre- Mixed Use designation are
provided below. The applicant is proposing to add Site Specific Policy 15.D.2.70 to
allow a maximum Floor Space Ratio (FSR) of 13.7 whereas the current Official Plan
policies allow for a maximum FSR of 5.0 for developments which provide for below -
grade parking.
PARTS Central Plan
The subject lands are located within the PARTS Central Plan which is a guiding
document for land uses within and around rapid transit station stops. The PARTS
Central Plan made recommendations for amendments to the Official Plan designations
within MTSAs, which have not yet been implemented. Some of the primary
recommendations are to encourage the development of underutilized sites with higher
density live -work environments and to increase housing supply with multi -unit residential
while protecting existing stable neighbourhoods. The subject lands were identified as
High Density Mixed Use in the PARTS Central Plan. The proposed development
provides for a higher density housing option and the proposed amendment is in keeping
with the PARTS Central vision for development.
Neighbourhood Planning Review (NPR)
The subject lands are not within an NPR area as they are located within the designated
Urban Growth Centre.
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Growing Together
The Growing Together project is the continuation of the City's ongoing planning review
process that began with Planning Around Rapid Transit Station Areas and advanced
through the Neighbourhood Planning Review (NPR) project, while also responding to
new direction from the province, implementing the updated Regional Official Plan, and
addressing new and emerging city priorities. The subject lands have been identified in
the Growing Together: Draft Approach to Growth and Change as Strategic Growth Area
- Four (SGA4) Zone which is contemplated to have no height or density limits, and no
parking requirement. The proposed development aligns with the direction of Growing
Together.
Parkland
The Proposed Development includes private indoor and outdoor rooftop amenity spaces
for residents of the proposed development. The parkland dedication requirement for this
submission and will be assessed at the time of Site Plan Approval and will be subject to
the Parkland Dedication Policy in effect.
Urban Design
Policies of the Urban Growth Centre require high quality urban design for buildings,
signage, and streetscapes to enhance street life and create local pride and interest and
the City encourages innovation and architectural excellence in urban development.
Further direction on contributing to high quality design for particular areas of the Urban
Growth Centre (Downtown) is contained in the Urban Design Policies in Section 11 of
the City's OP. In the opinion of staff, the proposed development meets the intent of
these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Buildinc
Design, and Massing and Scale Design.
Streetscape — Both the Victoria Street South and Bramm Street frontages are activated
by at -grade non-residential commercial units and the building's lobby. The commercial
units and the building lobby have direct access to public sidewalks, and the building
design incorporates a recessed ground floor along the Bramm Street frontage which
enhances the pedestrian realm and provides a weather protected sidewalk along
Bramm Street. This area will be secured as publicly accessible enhancement to the
public street through the future site plan process.
Safety — As part of the site plan approval process, staff will ensure Crime Prevention
Through Environmental Design (CPTED) principles are achieved and that the site
meets the Ontario Building Code and the City's Emergency Services Policy.
Universal Design — The development will be designed to comply with Accessibility for
Ontarians with Disabilities Act and the Ontario Building Code.
Skyline — The proposed building will provide a new feature on the City's skyline. The
proposed building will create visual interest from several different vantage points.
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Site Design, Building Design, Massing and Scale — The subject site is designed to have
a development that will be developed at a scale that is compatible with the existing and
planned built form for the surrounding neighbourhood. The tower has a well defined
podium and building step backs which helps enhance the public realm. Massing is
broken up at the 6th 21St and 25th floors which mitigate overlook issues and shadow
impacts.
The tower placement has been oriented towards Victoria Street with massing broken up
vertically by articulation and variation in building materials. Furthermore, balconies for
the residential units are included on all elevations. Ground floor commercial units and
residential lobby space are proposed which will further enhance and activate the
streetscape.
Tall Building Guidelines - The proposed development has been reviewed for compliance
with the City's Design for 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, microclimate
and the natural environment including four season design and sustainability; and,
• promote tall building design excellence to help create visually and functionally
pleasing buildings of architectural significance.
The proposed development concept has been reviewed with these objectives in mind.
City staff has confirmed that the proposed towers are generally consistent with and
meet the overall intent of the City's Design for Tall Building Guidelines.
Shadow Impact Study - The owner has completed a Shadow Impact Study in addition to
the Urban Design Report. Staff have reviewed the study and are satisfied the shadow
study meets the City's requirements, with respect to shadow impacts, as noted in the
City of Kitchener Urban Design Manual.
Wind Study - A wind study was prepared for the consideration of this development
proposal and reviewed by staff. The wind conditions surrounding the proposed
development are generally suitable. A full Wind Assessment be required and further
reviewed at the site plan application stage based on the final design and wind control
features will be required through the site plan approval, as necessary to mitigate wind.
Staff is supportive of the development concept as provided for in the Addendum to
Urban Design Brief (see Appendix `F') and recommend that Council endorse the
Development Concept for implementation through the Site Plan review process.
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Public Health and Safety
Official Plan policies seek to minimize and mitigate land use conflicts between sensitive
land uses and natural hazards, sources of noise and vibration, potential contamination,
and aviation safety hazards.
• A portion of the subject properties are in the flood fringe portion of a Two -Zone
Floodplain policy area. Lands located in the flood fringe are developable, subject
to a permit being issued by the Grand River Conservation Authority (GRCA).
The GRCA has reviewed the subject applications and have no objections to the
development proposal.
• A Record of Site Condition is required prior to residential uses being permitted
and a Holding Provision is recommended in this regard.
• An Environmental Noise Feasibility Assessment was submitted in support of the
applications to evaluate traffic, rail and stationary noise sources as well as rail
vibration. The Region and CN Rail have reviewed the report and have requested
that Holding Provisions be applied to the lands through the site-specific zoning to
require completion of a detailed stationary noise study and updated rail noise and
vibration assessment report prior to residential uses being permitted.
• The subject lands are located outside of lands regulated by Transport Canada's
Region of Waterloo International Airport Zoning Regulations (AZR). The owner
may be required to submit Land Use Proposal Submission Forms to NAV
CANADA and an Aeronautical Assessment Forms to Transport Canada to notify
them of the location of the new tall building and any temporary cranes.
Transportation Policies:
The Official Plan supports 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. Policy 3.C.2.22 states that until such time
as Station Area Plans are completed and the Official Plan is amended, any
development application submitted within a Major Transit Station Area will be reviewed
generally in accordance with the Transit -Oriented Development Policies included in
Section 13.C.3.12. These policies support a compact urban form, that supports walking,
cycling and the use of transit, by providing a mix of land uses in close proximity to
transit stops, to support higher frequency transit service and optimize transit rider
convenience. These policies also support developments which foster walkability by
creating safe and comfortable pedestrian environments and a high-quality public realm.
The proposed Official Plan Amendment and Zoning By-law Amendment applications
support a high-density mixed-use development. The proposed building will result in a
built form that fosters walkability within a pedestrian -friendly environment that allows
walking and cycling to be safe, comfortable, barrier -free and a convenient form of urban
travel. A Streetscape Plan has been prepared demonstrating that the design of the
buildings will feature a high quality public realm which will contribute to the pedestrian
experience along Bramm Street and Victoria Street South. This plan will be further
implemented through the Site Plan review process.
The subject lands are located in close proximity to the Central ION stop and the multi-
modal transit hub. Bus transit is easily accessible with a stop for GRT Route 20
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available on Victoria Street South. The subject site has excellent access to walking and
cycling trails, such as the Iron Horse Trail, Cherry Park Trail and the downtown cycling
grid. The location of the subject lands, in the context of the City's integrated
transportation system, supports the proposal for transit -oriented development on the
subject lands. Secure and weather protected bicycle parking is required as part of the
Zoning By-law and is proposed to be located in several bike rooms within the building.
The Official Plan also includes policies which support reduced parking rates in support
of active transportation and transit in intensification areas. The subject lands are located
in the Urban Growth Centre which is the City's primary intensification area, and has
good access to transit, the cycling network. The subject building has been designed
with a below -grade parking structure to accommodate 27 parking spaces, including 3
barrier free spaces, and at grade short term loading/delivery spaces are provided off of
the private laneway. The proposed development provides 1 secure and weather
protected bike parking space per unit, and the proposed built form will contribute
positively to the streetscape and enhance the pedestrian experience. Other TDM
measures including unbundled parking, and transit information packages are also
proposed. Staff is of the opinion that the proposed development will help to increase
density in an area well served by nearby transit and rapid transit while being context
sensitive to surrounding lands and provides excellent access to off-road pedestrian and
cycling facilities.
Housing Policies:
Section 4. 1.1 of the City's Official Plan contains policies with the primary objective to
provide for an appropriate range, variety and mix of housing types and styles, densities,
tenure and affordability to satisfy the varying housing needs of our community through
all stages of life. The development is contemplated to include a range of unit types
including one, two and three bedroom units, and live -work units, which will appeal to a
variety of household needs.
Sustainable Development
Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be
sustainable by encouraging, supporting and, where appropriate, requiring:
a) compact development and efficient built form;
b) environmentally responsible design (from community design to building
design) and construction practices;
c) the integration, protection and enhancement of natural features and
landscapes into building and site design;
d) the reduction of resource consumption associated with development; and,
e) transit -supportive development and redevelopment and the greater use of
other active modes of transportation such as cycling and walking.
Development applications are required to demonstrate that the proposal meets the
sustainable development policies of the Plan and that sustainable development design
standards are achieved.
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A Preliminary Sustainability Statement and Energy Report were submitted in support of
the applications. Staff have reviewed the reports and find that the Official Plan and
Zoning Bylaw Amendments can be supported as a number of sustainable measures
have been proposed or are being considered for the development. These measures will
be further detailed through the Site Plan Approval stage.
Cultural Heritage
Policies of the Official Plan seek to conserve cultural heritage resources. The property
municipally addressed as 142 Victoria Street South (and located within the subject
lands) is listed as a non -designated property of cultural heritage value or interest on the
City's Municipal Heritage Register. The buildings at 130 and 138 Victoria are not
considered to have heritage value. The subject lands are also located within
the Warehouse District Cultural Heritage Landscape, a significant cultural heritage
landscape as per the Kitchener Cultural Heritage Landscape Study (CHLS) which was
prepared by The Landplan Collaborative Ltd and approved by Council in 2015.
A Heritage Impact Assessment (HIA) was prepared and recommends demolition of the
existing listed structure at 142 Victoria Street South. The HIA was considered by the
Heritage Kitchener Committee at its June 7, 2022, meeting and does not require further
consideration. The final approval of the HIA and the Salvage and Documentation Plan
will be made conditions of Site Plan Approval.
The HIA assessed the three buildings and found that only 142 Victoria Street South had
heritage value, meeting 1 out of 9 criteria of Ontario Regulation 9/06, used to evaluate
the cultural heritage value of the buildings. However, due to the recent changes brought
about by Bill 23 to the Ontario Heritage Act, 142 Victoria Street South would not be a
candidate for designation, as any property must now meet two or more criteria to be
considered for designation. The building could remain listed as a non -designated
property of cultural heritage value on the City's Municipal Heritage Register until
January 1, 2025, after which it will be de -listed and cannot be put back on the Register
for the next five (5) years, i.e. - January 1, 2030. Due to the conclusions of the cultural
heritage evaluation of all three buildings, and with 142 Victoria Street South not meeting
the criteria needed for designation under Part IV of the Ontario Heritage Act, the HIA
recommends demolition as the preferred option, with conservation through
documentation including measured drawings, photographic documentation, and
reuse/salvage of materials and elements including the date stone and front entrance
and other building materials such as bricks in interior common spaces, and
documenting with plaquing and signage. In addition, a photographic curtain wall is
proposed to represent 142 Victoria Street South in the building elevation of the new
development as a commemorative feature.
Through the review process, the applicant worked with planning and heritage staff to
improve the built form. Through this process staff and the applicant explored options
which would have resulted in retention of the facade in situ, however this solution did
not support the overall design of the podium, and desired ability to activate the street
line fagade. Heritage Planning staff are supportive of the revised development plans
and note that comments provided by staff have been incorporated into the overall
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design. The option included in the Addendum to the Urban Design Brief (Appendix `F')
is the preferred option from a heritage commemoration perspective.
Holdina Provisions
Policy 17.E.13.1. of the City of Kitchener Official Plan requires that Holding Provisions
be applied in situations where it is necessary or desirable to zone lands for development
or redevelopment in advance of the fulfillment of specific requirements and conditions,
and where the details of the development or redevelopment have not yet been fully
resolved. A Holding provision may be used in order to implement the Official Plan to
ensure that certain conditions, studies or requirements related to a proposed Zoning By-
law Amendment are met. A Holding Provision is proposed to be applied to residential
uses and will not be removed through a by-law amendment until such time as a Record
of Site Condition has been acknowledged by the Province, an updated Stationary Noise
Study has been reviewed and approved by the Region of Waterloo, and an updated
noise and vibration report has been reviewed and approved to the satisfaction of CN.
Proposed Official Plan Amendment and Conclusions
The proposed high-rise, high-density mixed-use development is appropriate in the
Urban Growth Centre. Policies support a compact urban form that encourages walking,
cycling and the use of transit, by providing a mix of land uses in close proximity to
transit stops, to support higher frequency transit service and optimize transit rider
convenience. These policies also support developments which foster walkability by
creating safe and comfortable pedestrian environments and a high-quality public realm.
Staff is of the opinion that the proposed development will help to increase density in an
area well served by nearby rapid transit. The building and development will contribute to
a high quality public realm. Through the Site Plan Approval process, the applicant will
be required to make parkland dedication.
The Official Plan Amendment proposes that the land use designation be changed from
`Mixed Use' to `Mixed Use with Site Specific Policy Area 7' to permit a Floor Space
Ratio (FSR) of 13.7. Based on the above -noted policies and planning analysis, staff is of
the opinion that the proposed Official Plan Amendment represents good planning and
recommends that the proposed Official Plan Amendment be approved in the form
shown in Appendix "A".
SECTION 4 — THE AMENDMENT
The City of Kitchener Official Plan is hereby amended as follows:
a) Part D, Section 15.D.2. is amended by adding Site Specific Policy 15.D.2.70 as
follows:
"15.D.12.70. 130-142 Victoria Street South
Notwithstanding the Mixed Use land use designation and policies
within the Urban Growth Centre, on lands municipally known as
130-142 Victoria Street South, a Floor Space Ratio (FSR) of 13.7
will be permitted.
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A Holding provision pursuant to Section 17.E.13 will apply to
residential uses. The Holding provision will not be removed until
such time as:
a) A Record of Site Condition has been acknowledged by the
Province and a release has been issued by the Region.
b) A detailed stationary noise study has been completed and
implementation measures addressed to the satisfaction of the
Regional Municipality of Waterloo.
c) The City is in receipt of correspondence from CN indicating that
an updated Noise and Vibration Assessment Report has been
completed to their satisfaction, and that a CN Agreement,
environmental easement for operational noise and vibration
emissions, and a restrictive covenant regarding implementation
and maintenance of noise isolation measures have been
entered into, granted and registered, as may be required by
CN."
b) Amend Map No. 4 — Urban Growth Centre (Downtown) by adding Specific
Policy Area "7. 130-142 Victoria Street South (Policy 15.D.2.70)" to the
`Area of Amendment', as shown on the attached Schedule `A'.
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APPENDIX 1 - NOTICE OF PUBLIC MEETING
NOTICE OF PUBLIC MEETING
fora development in your neighbourhood
130-142 Victoria Street South
Concept Drawing
Have Your Voice Heard!
Planning& Strategic Initiatives Committee
Date September 18, 2023
_cc Lion. Council Chambers,
Kitchener City Hall
200 Icing Street West
orVirtual Zoom Meeting
Go to kitchener.calmeetings
and selcvt:
• Current agendas and reports
(posted 10 days before meet! ng)
Appear as a delegation
*Watch a nn cting
00
To I{yarn more about this project, including
it il� rr--i,�tior� ern your appeal ri�llts. ��isit:
�k' �'.. wwv,r.kitchenenca/
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{ �` PlanningApplcations
Cir contact:
Fixed 25 Floor Space Katie Anderl, Project Manager
Use storeys Ratio of 13.7 kaue.anderk'Okitchener.ca
519.741.229(] x7987
The City of Kitchener will consider applications to amend the Official Plan and Zoning
By-law to permit the lands at 130-142 'victoria Street South to be developed with a
25 -storey mixed use building that would include 249 dwelling units and 4 retail units.
The applicant is proposingto amend the existing policiesand regulations to increasethe
maximum Floorspace Ratio (FSR) from 2.0 to 13.7, to increase the maximum permitted
building height from 13.5 metres to SO metres, and to permitthe proposal to use Urban
Growth Centre Parking rates rather than Mixed Use Corridor parking rates.
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APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee — September 18, 2023
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APPENDIX 3 Minutes of the Meeting of City Council - DATE
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City of Kitchener
DEVELOPMENT SERVICES DEPARTMENT, PLANNING
ZBA2200FILE:
6VKA_MAP1
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130, 138, & 142 VICTORIA ST S
DATE: AUGUST 3, 2023
NOTICE OF PUBLIC MEETING 1
for a development in your neighbourhood
130-142 Victoria Street South IKITcFTNFR
Concept Drawing
TAY y
Mixed 25 Floor Space
Use Storeys Ratio of 13.7
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: September 18, 2023
Location: Council Chambers,
Kitchener City Hall
200 King Street West
arVirtual Zoom Meeting
Go to kitchener.ca/meetings
and select:
• Current agendas and reports
(posted 10 days before meeting)
• Appear as a delegation
• Watch a meeting
To learn more about this project, including
information on your appeal rights, visit:
www.kitchener.ca/
PlanningApplications
or contact
Katie Anderl, Project Manager
katie.anderL@ kitchener.ca
519.741.2200 x7987
The City of Kitchener will consider applications to amend the Official Plan and Zoning
By-law to permit the lands at 130-142 Victoria Street South to be developed with a
25 -storey mixed use building that would include 249 dwelling units and 4 retail units.
The applicant is proposing to amend the existing policies and regulations to increase the
maximum Floor Space Ratio (FSR) from 2.0 to 13.7, to increase the maximum permitted
building heightfrom 13.5 metres to 80 metres, and to F�a,glah4 ar6poN tom& Urban
Growth Centre Parking rates ratherthan Mixed Use Corridor parking rates.
From: Pegah Fahimian
Sent: Tuesday, July 11, 2023 1:33 PM
To: Katie Anderl
Subject: RE: Recirculation OPA/Zba 130-142 Victoria St
Hi Katie,
No concerns, they have greatly improved the design. Thanks for all your help and efforts.
I have some detailed comments that could be addressed at the site plan stage.
Thanks,
Pegah Fahimian, B.Arch, M.Arch, MUD
Senior Urban Designer/ Planning Division / City of Kitchener
519-741-2200 ext. 7342 / TTY 1-866-969-9994
Pegah. Fahimian@kitchener.ca
o0010 i�oomoo
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Tuesday, July 11, 2023 12:25 PM
To: Deeksha Choudhry <Deeksha.Choudhry@kitchener.ca>; Pegah Fahimian
<Peeah.Fahimian@kitchener.ca>; Taylor Stapleton <Taylor.Stapleton@kitchener.ca>; MMohr
<MMohr@regionofwaterloo.ca>
Cc: Lenore Ross <Lenore.Ross@kitchen er.ca>; 'Josh Graham' <JGraham@regionofwaterloo.ca>; Niall
Melanson <Niall.Melanson@kitchener.ca>
Subject: RE: Recirculation OPA/Zba 130-142 Victoria St
Hi
Just wanted to follow up on my email below.
Please let me know if you have any further comments regarding this proposal based on the
resubmission.
Thanks,
Katie
From: Katie Anderl
Sent: Thursday, June 15, 2023 12:13 PM
To: Deeksha Choudhry <Deeksha.Choudhry@kitchener.ca>; Pegah Fahimian
<Peeah.Fahimian@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Taylor Stapleton
Page 177 of 399
City of Kitchener
Zone Change Comment Form
Address: 130-142 Victoria St S
Application: OPA/ZBA
Comments Of: City of Kitchener— Urban Design- Planning
Commenter's Name: Pegah Fahimian
Email: Pegah.fahimian@kitchener.ca
Phone: 519-741-2200 Ext. 7342
Date of Comments: May 25, 2022
❑ 1 plan to attend the meeting (questions/concerns/comments for discussion)
❑X No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
• Cover Letter
• Urban Design Brief- IBI Group
• Wind Study — GradientWind
• Shadow Study- Core Architects
• Site Plan, Elevations and Floor Plans- Core Architects
2. Site -Specific Comments & Issues:
I have reviewed the documentation (as listed above) to support the official plan and Zoning By -Law for
the properties located at 120, 138 and 142 Victoria Street South. The applicant is proposing to develop
the subject lands with a 25 -story mixed-use development including 4 ground floor commercial units,
second -floor space and 294 dwelling units.
• The tall building design guidelines are an excellent compatibility test for proposals exceeding their
zoning permissions. The proposal meets the tall building guidelines, specifically with regards to
separation.
• The proposed angled wall (chamfer) on the corner is not well integrated with the rest of the podium
and has not been reflected in the tower design. There is an option to have a square design on the
corner, marked by the main feature of the building. You may use the proposed chamfered entrance
on the ground floor to accentuate the main entrance proposed on the corner.
• The proposed corner treatment is to be further enhanced to create visual interest at the street
edge. This could be achieved by special massing and architectural treatments on both streets to give
prominence along the frontages and visually distinguish these sites.
• This project should play a significant role in reinforcing the character of Victoria Street. There is a
need for public art at the corner, well integrated into the architecture of the building, and suggest
the following as options.
o Public Art (sculpture, mural, digital)
o Living wall (interior or exterior, but visible/prominent)
o Enhanced architecture at the corner
o Community -oriented space
o Enhanced exterior lighting (colored, programmable, pattered, etc.)
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Paaw
"11#9 of 399
City of Kitchener
Zone Change Comment Form
Incorporate creative facade ideas on curtain wall with advanced exterior lighting that could help to
control public flow and could improve the building design. Digital media facades make buildings tell
stories and strike a perfect balance of aesthetic structures and illumination art (for example
sustainable and digital technologies within the curtain wall, colour light -emitting diode or LED
Display Video walls, Photometric system for 'interactive skin' to illuminate the screen after dark,
Digitally printed fritted glass
• The proposed towers should have unique top features that are architecturally excellent, highly
visible and make a positive contribution to the image of Kitchener developing skyline.
• Residential and commercial entrances should be clearly identified and offer access from both the
public realm and the private parking side of the building. The use of natural or built canopies
/cantilevers to enhance pedestrian refuge and define the public realm is encouraged
• Confirmation must be provided that the proposal maintains daily access to 5 hours of cumulative
direct sunlight to nearby sidewalks and open spaces under equinox conditions, beginning with the
sidewalk located on the opposite side of adjacent ROWS.
• The underground parking structure should have sufficient setback from the property lines to
accommodate the necessary soil volume to support required large-statured, high canopy trees.
Perimeter trees should not be located on the garage slab roof. Within the site, required tree
plantings can be accommodated on the garage slab but will still require standard minimum soil
volumes.
3. Comments on Submitted Documents
The following comments should be addressed at this time.
Urban Design Brief, IBI Group
• Additional details to be provided for the pedestrian entrance, architectural style, elements,
detailing and material selection.
• Details of the streetscape are to be provided. Any streetscape elements proposed are to be
reviewed and approved.
• The property is located very close to the major transit station area, therefore the site should be
designed to prioritize people, pedestrians and cyclists.
• Wind assessment and Noise feasibility study required for outdoor amenity and the pedestrian
realm.
• The area between the building's face and the property line should be well integrated with the
street and public realm to deliver high-quality and seamless private, semi -private and public
spaces.
• 3 -bed units are desirable as they provide more living space for families. A higher percentage of
these units might help with community engagement.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Paaw
"21#9 of 399
City of Kitchener
Zone Change Comment Form
Site Plan, Elevations and Floor Plans- Core Architects
• Show ventilation and mechanical elements on the elevations. Incorporate unit vents into the facade
design on all elevations to minimize their visibility. Locate visible elements to the rear wherever
possible.
• All utilities should be coordinated with the landscape design and with building elevations to provide
a high-quality pedestrian experience with the site and from the public realm. Infrastructure should
be located within the building in mechanical/electrical rooms and exterior connections located
discretely and incorporate physical screens or landscape plating as required. Surface transformers or
service connections visible from the public realm are not supported.
• Wind assessment and Noise feasibility study required for outdoor amenity and the pedestrian
realm.
• Wind Study - Pedestrian Level Wind Assessment -
The submitted Preliminary Wind Study indicates less than ideal wind conditions at the northwest corner
of the proposed development and within two regions across Bramm Street. To provide conditions suitable
for sitting over most of the terrace during the summer, the proposed development will incorporate a tall
wind barrier along the perimeter of the terrace in place of a standard height guard.
A full Wind Assessment should be provided for review at the site plan application stage. A revised design
proposal should be developed that addresses the wind impacts outlined in the submitted wind study.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Paaw
"31'66 of 399
City of Kitchener
Heritage — OPA/ZBA Comment Form
Project Address: 130-142 Victoria Street South
File Number: OPA22/004/V/KA, ZBA22/006/V/KA
Comments Of: Heritage Planning
Commenter's Name: Deeksha Choudhry
Email: deeksha.choudhry@kitchener.ca
Phone: 519-741-2200 ext. 7291
Date of Comments: July 14, 2023
Heritage Planning staff have reviewed the updated revised plans that were submitted in support
of this application and are generally supportive of the proposed development at this point. The
comments provided by staff have been well -integrated into the overall design, and the option
included with the proposed development would be the preferred option from a heritage
commemoration perspective.
Staff have also done a preliminary review of the HIA and are generally in agreement with the
conclusions of the heritage evaluation of the existing building at 142 Victoria Street South, and
with the conservation strategy. Staff can confirm that since the proposal is still to demolish 142
Victoria Street South, that the revised HIA will not need to go back to Heritage Kitchener
Committee.
Staff would like the applicant to consider the following, which will be dealt at the site plan process:
A salvage and documentation plan must be prepared prior to any demolition work taking
place. According to the recommendation of the HIA, this would include photographic
documentation, measures elevation drawings, photographic comparisons pre- and post -
conditions, and photographic documentation while removal and/or demolition is taking
place should be prepared. The Salvage and Documentation Plan should also include all
the building elements the applicant intends to salvage, and how they will be re -used in the
new development.
Staff would require some form of commemoration in addition to the photographic curtain
wall, such as a plaque, that would convey the history and heritage value of the existing
building.
A City for Everyone
Working Together— Growing Thoughtfully— Building Community
Page 181 of 399
According to the Ontario Heritage Act, at least 60 days' notice needs to given for
demolishing listed properties. This applicant is advised that this application will first go
before the Heritage Kitchener Committee, and then Council.
A City for Everyone
Working Together- Growing Thoughtfully- Building Community
Page 182 of 399
Internal memo
Development Services Department
Date:
May 24, 2022
To:
Katie Andrel, Senior Planner
From:
Deeksha Choudhry, Heritage Planner
cc:
Garett Stevenson, Manager of Development Review
Subject:
OPA22/004/V/KA
ZAB22/006/V/KA
130-142 Victoria Street South
Heritage Planning Comments
Heritage Planning staff have reviewed the following documents which
comments below:
• Draft Heritage Impact Assessment (HIA) prepared December 2021
• Cover Letter dated December 20, 2021
• OPA Application Form signed December 17, 2021
• Urban Design Brief prepared December 2021
• Planning Justification Report prepared December 2021
Heritage Status
".I
www.kitchener. ca
have informed the
The subject lands municipally addressed as 130-142 Victoria Street South contain one heritage
resource; 142 Victoria Street South is listed as a non -designated property of cultural heritage
value or interest on the City's Municipal Heritage Register.
The subject lands are also located adjacent to 131 Victoria Street South, which is also listed as a
non -designated property of cultural heritage value or interest, and to 120 Victoria Street South,
which is on the Inventory of Historic Buildings.
The subject lands are also located within the Warehouse District Cultural Heritage Landscape.
Draft Heritage Impact Assessment (HIA) for 130-142 Victoria Street South
A Draft Heritage Impact Assessment (HIA) dated December 2021 has been prepared for the subject
lands in support of application OPA22/004/V/KA and ZAB22/006/V/KA. The HIA made the following
observations:
• 130 Victoria Street South does not meet criteria for designation under O. Reg. 9/06;
• 138 Victoria Street South does not meet criteria for designation under O. Reg. 9/06; and
• 142 Victoria does meet criteria for designation under O. Reg. 9/06.
142 Victoria Street South's heritage value resides in the following attributes:
• Stepped roofline with a parapet wall on the fagade;
• Engaged brick pilasters at either side of the fagade that flare out at the top with sandstone inlays
at their centres;
Page 183 of 399
Internal memo
Development Services Department
• Entrance fagade door case with stepped brick surround;
• Date Stone reading "1931 ";
• Symmetrical fagade windows; and
• Brick construction.
".I
www.kitchener. ca
The proposed development includes the demolition of all three existing buildings located on the subject
lands. Since 130 and 138 Victoria Street South did not meet criteria for designation, the potential impacts
of the proposed development have only been assessed for 142 Victoria Street South. The HIA noted the
proposed demolition of 142 Victoria Street South would have an adverse impact on all the heritage
attributes of 142 Victoria Street South.
The draft HIA recommended that there should be partial demolition/selective deconstruction and
integration into the proposed development as it partially conserves the subject properties' heritage
attributes and avoids the potential for negative impact on the subject lands and the adjacent heritage
resources. Some heritage attributes might require selective deconstruction while others, like the stepped
parapet, might be integrated into the development more effectively through panelization. Furthermore,
the proposed development will also see the extensive use of salvaged materials from 130 and 142
Victoria Street South and the incorporation of heritage features from the properties as design features in
communal spaces. The details of what materials will be salvaged and how they will be incorporated has
not been finalized yet.
The HIA is still in its draft stages and has not yet received clearance from the Director of Planning. The
HIA was formally considered by the Heritage Kitchener committee at its June 7, 2022, meeting. The
committee was concerned regarding the salvaged materials — wanting to be informed as to what exactly
would be salvaged and how it will be reused.
Heritage Planning Staff Comments
After reviewing all the materials in support for these applications, Heritage Planning Staff provide the
following comments for consideration as part of the OPA/ZBA:
The mass of the podium should be similar to the mass of the Huck Glove building (120 Victoria
Street South) that is located adjacent to 130 Victoria Street South at the corner of Bramm Street
and Victoria Street South. The total height of the podium should not exceed the total (m/ft) of the
Huck Glove Building to maintain a cohesive streetscape. The maximum height should be
regulated via a special provision in the zoning by-law.
Staff would like the applicant to explore the opportunity of integrating 142 Victoria Street South
into the proposed development. Since the building meets the criteria for designation under O.
Reg 9/6, and is one of the oldest apartment buildings in Kitchener, and staff would like to explore
all options before complete demolition can be considered.
If integration of the building is not possible, is there a possibility to relocating the building to an
alternate location off-site? However, prior to doing that, it must be demonstrated that the building
is a good candidate for relocation, through confirmation from a qualified engineer and qualified
building mover that the building can be safely re -located, and that a suitable receiving site has
Page 184 of 399
Internal memo
Development Services Department
".I
www.kitchener. ca
been retained. If this is possible, it is critical for Heritage Planning staff to understand the
feasibility of how and where the building can be relocated.
• In addition to the above point, staff would also like the applicant to explore the opportunity of
having the access to the parking garage to rear of the proposed building, off Bramm Street, so
that 142 Victoria Street South can be retained with the proposed development.
• If integration into the proposed development is not possible, staff would also like further
clarification regarding what materials are proposed to be salvaged from 130 and 142 Victoria
Street South and how they will incorporated into the proposed development and how the
demolished buildings will be commemorated.
In addition to the comments above, heritage planning staff provide the following comments for
consideration as part of a future Site Plan application process:
• Heritage planning staff will require a 3D massing model, including the adjacent Huck
Glove building, and elevation drawings as part of a complete site plan application;
• Heritage planning and urban design staff will review and approve the elevation drawings;
• Heritage planning staff will require a sample material board for review and approval;
• Heritage planning staff will require a Salvage and Documentation Plan if 142 Victoria
Street South cannot be integrated into the proposed development, to document all
elevations and architectural details of all the existing buildings that are proposed to be
demolished, as well as the proposed materials for salvage and how they will be integrated
into the proposed development; and
• A commemoration plan to commemorate all the buildings that are proposed to be
demolished.
Page 185 of 399
City of Kitchener
Heritage — OPA/ZBA Comment Form
Project Address: 130-142 Victoria Street South
File Number: OPA22/004/V/KA, ZBA22/006/V/KA
Comments Of: Heritage Planning
Commenter's Name: Deeksha Choudhry
Email: deeksha.choudhry@kitchener.ca
Phone: 519-741-2200 ext. 7291
Date of Comments: January 31, 2023
Heritage Planning staff have reviewed the updated revised plans that were submitted in support
of this application and are of the opinion that Option 2 would be the preferred design option from
a heritage perspective.
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A City for Everyone
Working Together— Growing Thoughtfully— Building Community
Page 186 of 399
This design option would help achieve the following:
- Having the driveway access along Bramm Street would help in retaining the fagade of the
existing building.
- Minimal alterations to the fagade of the existing building which would help in retaining most
of its original architectural features.
- This design option would also help the existing fagade integrate more efficiently with the
proposed development and would be at less risk of being isolated from the rest of the
development.
- The feasibility and process of incorporating the fagade into the new development would
have to be confirmed by the applicant' heritage consultant and engineers. Staff would be
willing to work with the applicant's heritage consultant to address how this can be
achieved.
A City for Everyone
Working Together- Growing Thoughtfully- Building Community
Page 187 of 399
City of Kitchener - Comment Form
Project Address: 130-142 Victoria Street South
Application Type: OPA and ZBA
Comments of: Environmental Planning (Sustainability) — City of Kitchener
Commenter's name: Gaurang Khandelwal
Email: gaurang.khandelwal@kitchener.ca
Phone: 519-741-2200 x 7611
Written Comments Due: May 6, 2022
Date of comments: May 5, 2022
1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application:
• Preliminary Sustainability Statement, prepared by IBI Group, dated December 20, 2021
• Energy Strategy Report, prepared by Design Works Engineering, dated December 10, 2021
2. Comments & Issues:
I have reviewed the documentation (as listed above) to support an Official Plan Amendment and a Zoning
By-law Amendment to develop the subject lands with a 25 storey mixed use development including 4
ground floor commercial units, second floor office space and 249 dwelling units, regarding sustainability
and energy conservation and provided the following:
• Although the Ontario Building Code (OBC) is advanced, going forward all developments will need
to include robust energy conservation measures as the City (and Region of Waterloo) strive to
achieve our greenhouse gas reduction target.
• Based on my review of the supporting documentation, the Official Plan and Zoning Bylaw
Amendments can be supported as a number of sustainable measures have been proposed or
are being considered for the development, which will be detailed out through the Site Plan
Approval stage.
• A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a
complete Site Plan Application. It can build upon the information already provided, including the
opportunities and strategies identified in the Energy Strategy Report, and can further explore
and/or confirm which additional sustainable measures are best suited to the development.
Potential items for consideration are:
o Use of alternative water supply and demand management systems such as rainwater
harvesting and grey water reuse, or design of the site and buildings for readiness to add
these systems in the future
o Use of alternative or renewable energy systems to meet new energy demand created by
the development (i.e. ground source or air source heat pumps, roof -top solar
1IPage
Page 188 of 399
photovoltaic panels, solar thermal hot water system, capture of waste heat from
industrial processes to use for thermal energy needs, etc), or design of the site and
building for readiness to add these systems in the future
o EV ready parking spaces
o Material choice and detailing to address bird collision avoidance guidelines
3. Policies, Standards and Resources:
• Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and
appropriate, alternative energy systems, renewable energy systems and district energy in
accordance with Section 7.C.6 to accommodate current and projected needs of energy
consumption.
• Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage
orientation of streets and/or lot design/building design with optimum southerly exposures. Such
orientation will optimize opportunities for active or passive solar space heating and water heating.
• Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate,
to the satisfaction of the City, energy is being conserved or low energy generated.
• Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the
necessary infrastructure for district energy in the detailed engineering designs where the
potential for implementing district energy exists.
4. Advice:
➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable
Development category. Also, there are community-based programs to help with and celebrate
and recognize businesses and sustainable development stewards (Regional Sustainability
Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability-
initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise).
➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under
'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement
21 Page
Page 189 of 399
From: Mike Seiling
Sent: Wednesday, April 13, 2022 2:51 PM
To: Katie Anderl
Subject: FW: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
Attachments: department & agency letter - 130-142 Victoria St S.pdf;
OPA22004VKA_MAP4.pdf; ZBA22006VKA_MAP1.pdf
Building; no concerns
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Wednesday, April 13, 2022 2:36 PM
To: CNR <proximity@cn.ca>; _DL _#_ DSD _Planning <DSD-PlannineDivision@kitchener.ca>; Aaron
McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>;
Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds
<vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hvdroone.com>; Jim
Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>;
Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA)
Please see attached. Additional documentation is saved in ShareFile. Comments or questions should
be directed to Katie Anderl, Senior Planner (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
•-•OOm�lp
Page 190 of 399
From: Niall Melanson
Sent: Wednesday, June 21, 2023 2:34 PM
To: Katie Anderl
Cc: Josh Zehr; Angela Mick
Subject: 130-142 Victoria St S, ZBA22/006/V/KA - Engineering Comments
Good morning Katie
Please be advised that Engineering has reviewed the recently resubmitted Functional Servicing and
Stormwater Management Report (WalterFedy, May.31/23). There have been no changes from the
original functional servicing design and therefore Engineering has no concerns with sanitary capacity and
Kitchener Utilities has no concerns with water demand. We can provide our clearance for the ZBA.
Of note the detailed SWM design will be reviewed during SPA.
Thanks
Niall Melanson, C.E.T.
Project Manager, Development Engineering, City of Kitchener
niall.melanson(@kitchener.ca. 519-741-2200 x 7133
200 King St. W., Kitchener, ON N2G 4GX
Page 191 of 399
From: Sylvie Eastman
Sent: Thursday, April 14, 2022 8:26 AM
To: David Paetz; Michele Kamphuis; Katie Anderl
Cc: Christine Kompter
Subject: FW: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
Attachments: department & agency letter - 130-142 Victoria St S.pdf;
OPA22004VKA_MAP4.pdf; ZBA22006VKA_MAP1.pdf; Excavation
Near Gas Pipelines WI-5.6.pdf
Hi David and Michele. Please see attached and provide any additional comments regarding servicing.
Katie, in addition to any comments Michele and David may have, please note that gas main is located at
—1.0m from PL on Bramm and —0.2m from PL on Victoria. I notice that zero lot line has been approved
for this development, and if the proponent is planning to install shoring/piles right at PL or into the
public right-of-way that would be a problem. By code, infrastructure must be minimum 0.3m from gas
infrastructure, and minimum 1.0m separation is required to use mechanical equipment. In other words,
nothing can be installed within 0.3m of the existing gas pipes, infrastructure may be installed by hand
dig only between 0.3-1.0m from the existing gas pipes, and mechanical equipment may be used at least
1.0m away from the existing gas pipes. Also note that I have seen many instances of excavations 1.0m
or more away that slump and damage gas mains to the proponent will need to follow the requirements
for excavating near gas mains (attached).
Thanks, Sylvie
519-498-9553
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Wednesday, April 13, 2022 2:36 PM
To: CNR <proximity@cn.ca>; _DL _#_ DSD _Planning <DSD-PlanningDivision@kitchener.ca>; Aaron
McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>;
Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds
<vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim
Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>;
Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlannineApplications@reeionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning
<plannine@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA)
Please see attached. Additional documentation is saved in ShareFile. Comments or questions should
be directed to Katie Anderl, Senior Planner (copied on this email).
Page 192 of 399
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
0000000 o
Page 193 of 399
City of Kitchener
OPA/ZBA COMMENT FORM
Project Address: 130 — 142 Victoria Street South
Date of Meeting: No meeting
Application Type: ZBA & OPA
Comments Of: Transportation Services
Commenter's Name: Steve Ryder
Email: steven.ryder@kitchener.ca
Phone: (519) 7412200 ext. 7152
Date of Comments: May 2, 2022
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
❑ I do NOT plan to attend the meeting (no concerns)
1. Site Specific Comments & Issues:
• Traffic Impact study comments:
o A thorough analysis of the 2030 Total Traffic Operations was completed and indicates
that the site driveway access should operate with a Level of Service (LOS) B, with an
average vehicle delay of 14s and a volume -to -capacity (v/c) ratio of 0.10;
■ This is acceptable for the operation of a site driveway;
o It is acknowledged that sightlines will not be a concern for the proposed development
based on the typical standards through TAC;
o The recommendation of the study to monitor traffic volume on Victoria St S and
optimize traffic signal timing along the corridor is noted, but falls under the purview of
the Region of Waterloo;
o The recommendation to widen Victoria St S between Park St and Bramm ST to include a
two-way left turn lane is noted, but also falls under the purview of the Region of
Waterloo;
o The site will be serviced by a GRT transit route (Route 20 Victoria -Frederick) with
approximately 30 -minute headways;
o The site also falls approximately 500m from the Central Station stops for the ION Rail
LRT that operate with approximately 30 -minute headways;
• Parking Study comments:
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 194 of 399
o Given that this property will eventually be zoned with a zero minimum parking rate
under the future Zoning By-law (2019-051), Transportation Services can support the
proposed supply of 51 parking spaces on-site;
o Under ZBL 2019-051, the UGC zones require:
■ Multiple dwelling— No minimum
■ Retail uses — No minimum
■ Office uses — Minimum 1 space per 50 sq.m GFA *where GFA exceeds 4,000
sq.m* (proposed 414 sq.m);
o What is the planned allocation of provided vehicle parking spaces for each use on-site
(residential, office and retail)?
■ Will these spaces be unbundled from units?
• If so, an agreement on title may be required to ensure the unbundled
spaces;
o Bicycle parking minimums under ZBL 2019-051:
■ Multiple dwelling — Minimum 1 space per dwelling unit (249 spaces for this
proposal)
■ Retail uses — Minimum 1 space per 500 sq.m GFA (2 spaces for this proposal)
■ Office uses — Minimum 1 space per 333 sq.m GFA (2 spaces for this proposal)
o The parking study notes that a total of 60 long-term (Class A) bicycle storage spaces are
proposed for this development, which is 193 spaces below the minimum required under
ZBL 2019-051;
■ If the applicant is intent on aligning with the requirements of the future ZBL
(2019-051), Transportation Services will require that the applicant must, at a
minimum, meet the minimum parking rates for bicycles in ZBL 2019-051, which
equals 253 Class A spaces, with them located conveniently for each use within
the building;
■ If the applicant wishes to provide a reduced amount of Class A bicycle spaces
than required under ZBL 2019-051, further, in-depth justification will be
required for Transportation Services to consider;
■ A recommendation of the study also notes that more secured, long-term bicycle
parking should be provided;
o The final recommendation of the study urges the applicant/developer to commit to
TDM measures outlined in the study — any TDM measures that will be committed to by
the applicant need to be clarified prior to the approval of any parking reduction;
• Site Plan advisory notes:
o The loading space located at the rear of the site must use a "shared laneway access" as
noted by the site plan provided in this study:
■ Is there a shared access agreement in the works (or currently existing) with the
owner of the lands directly adjacent the subject properties?
■ There will be a requirement for a comprehensive Truck Turning Movement Plan
(TTMP) as part of a complete site plan application that illustrates adequate truck
circulation for this site (ie. loading, garbage, etc.)
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 195 of 399
■ Staff would like to see a direction connection from bicycle storage areas to
Bramm St / Bramms St lot at the rear of the site. This will provide a direct and
convenient connection to the future Transit Hub Trail.
2. Plans, Studies and Reports to submit as part of a complete Planning Act Application:
3. Anticipated Requirements of full Site Plan Approval:
• N/A
4. Policies. Standards and Resources:
• N/A
5. Anticipated Fees:
• N/A
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 196 of 399
From:
Dave Seller
Sent:
Tuesday, August 1, 2023 10:09 AM
To:
Katie Anderl
Subject:
Updated comments recirculation OPA/ZBA 130-142 Victoria St
City of Kitchener
Application Type: Zoning By-law Amendment ZBA22/006/V/KA
Official Plan Amendment OPA22/004/V/KA
Project Address: 130-142 Victoria Street South
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: August 1, 2023
a. As part of a complete Zoning By-law amendment application, a Transportation Impact Study (TIS),
Parking Study and Transportation Demand Management Plan was submitted (May 2023) by
Paradigm Transportation Solutions Limited in support of this OPA/ZBA application. Transportation
Services review focused on roadways that are under the jurisdiction of the City of Kitchener.
Development proposal
The applicant is proposing a mixed-use development with a multi-storey tower with 249 units,
574m2 (6180ft2) of ground floor commercial space and 576m2 (6200ft2) of office space. The
development is estimated to generate 75 AM and 98 PM peak hour vehicle trips. The vehicle trips
included the residential, commercial and office components, as well as trip reductions for mode split
and internal capture trips. The site will be serviced by one full moves access along Bramm
Street. There are a total of 27 parking spaces are being proposed for all uses.
Intersection analysis
The three intersections noted below were reviewed under existing 2020 traffic conditions and are all
operating within acceptable levels.
• Victoria Street South (Regional Road 55) at Park Street - signalized
• Victoria Street South (Regional Road 55) at Bramm/Michael Streets - unsignalized
• Victoria Street South (Regional Road 55) at Joseph Street - signalized
The following traffic movements were considered critical under the existing 2020 conditions and are
expressed as level of service (LOS), volume to capacity ratios (v/c) and 95th percentile queues.
• Victoria Street South (Regional Road 55) at Park Street
o Park Street AM peak hour, southbound left turn: LOS F and v/c ratio of 0.93; queue length
exceeds storage length
o Victoria Street South PM peak hour, westbound through/right turn: LOS D and v/c ratio of
0.87
o Park Street PM peak hour, northbound left turn: queue length exceeds storage length
• Victoria Street South (Regional Road 55) at Joseph Street
Page 197 of 399
o Joseph Street PM peak hour, northbound left turn: queue length exceeds storage length
The four intersections noted below were reviewed under future 2030 total traffic operations.
• Victoria Street South (Regional Road 55) at Park Street - signalized
• Victoria Street South (Regional Road 55) at Bramm/Michael Streets - unsignalized
• Victoria Street South (Regional Road 55) at Joseph Street — signalized
• Bramm Street at NEW site access - unsignalized
The following traffic movements were considered critical under future 2030 total traffic operations
and are expressed as level of service (LOS), volume to capacity ratios (v/c) and 95th percentile
queues.
• Victoria Street South (Regional Road 55) at Park Street
o Park Street AM peak hour, southbound left turn: LOS F and v/c ratio greater than 1.00 and
queue length exceeds storage length; PM peak hour, LOS F and v/c ratio greater than 1.00
and queue length exceeds storage length
o Victoria Street South PM peak hour, westbound through/right turn: LOS F and v/c ratio
greater than 1.00
o Park Street PM peak hour, northbound left turn: queue length exceeds storage length
o Park Street AM peak hour, northbound through/right turn: LOS E and v/c ratio of 1.00; PM
peak hour, LOS F and v/c ratios greater than 1.00
• Victoria Street South (Regional Road 55) at Bramm/Michael Streets
o Bramm/Michael Streets AM peak hour, northbound left/through/right turn: LOS F and v/c
ratio of 0.14. Delay is present, however, there is excess capacity.
o Bramm/Michael Streets AM peak hour, southbound left/through/right turn: LOS F and v/c
ratio of 0.77; PM peak hour, LOS f and v/c ratio of 0.82.
• Victoria Street South (Regional Road 55) at Joseph Street
o Victoria Street South AM peak hour, eastbound left turn: queue length exceeds storage
length
o Joseph Street PM peak hour, northbound left turn: queue length exceeds storage length
o Joseph Street PM peak hour, southbound left/right turn: LOS F and v/c ratio greater than
1.00
The new site driveway at Bramm Street is forecasted to operate at LOS A and v/c ratio of 0.07 or
lower in either the AM or PM peak hours.
Any capacity issues experienced under the 2030 background traffic is expected to continue to occur
with or without this development. Site traffic impacts are minimal with minor changes in delay at
the study intersections.
Transportation Demand Management (TDM) analysis
This development is well situated to take advantage of the existing alternative modes of
transportation available in the area to reduce vehicle dependency. There are several Grand River
Transit (GRT) routes and ION light rail that are less than 600m from this development. They include
Page 198 of 399
the following routes: 6, 7, 8, 20, iXpress 204 and ION Central Station. These routes offer connectivity
to a broader transit network throughout the Region of Waterloo and within Kitchener itself.
The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as
sidewalks are provided generally on both sides of roadways in the surrounding area which provide
connections to entertainment, employment and commercial uses.
There are existing cycling opportunities in the area, as well as future cycling connections to the
downtown cycling grid and the Iron Horse Trail. To encourage cycling and take advantage of the
cycling opportunities in the area, the applicant must provide 249 Class A indoor secure bicycle
parking spaces and 10 Class B outdoor bike parking spaces.
Sight distance analysis
Bramm Street is straight and flat with low vehicle speeds and based on a 50km/h design speed it
was determined that there are clear sightlines and visibility is not expected to be a concern.
Transportation Services supports Paradigms conclusion.
AutoTURN swept path analysis
The following Transportation Association of Canada (TAC) design vehicles were reviewed for
loading/garbage and the parking structure.
• Heavy Single Unit (HSU) - acceptable
• Medium Single Unit (MSU) - acceptable
• Passenger Vehicle (P) — acceptable
Recommend that convex mirrors are placed within the parking structure to provide improved
The applicant is proposing to provide a total of 27 parking spaces for all uses (residential, office,
commercial). Transportation Services are supportive of reduced parking rates, and as the lands are
located in the Urban Growth Centre (UGC), notwithstanding the analysis in the study, staff are
Page 199 of 399
supportive of applying the UGC parking rates of Zoning By-law 2019-051. Bicycle parking should also
be provided in accordance with UGC parking rates of 1 Class A space per unit, and 6 Class B spaces.
It was noted within the report that should the vehicle parking supply be exceeded by the demand,
off-street parking is available at the Bramm Street Yards. While this is correct for the short term, this
should not be relied upon as a parking solution for this development. The City of Kitchener's
medium to long term plans for the Bramm Street Yards are for redevelopment. Further, the Joseph
Street parking garage that was referenced in the report for additional parking, cannot be counted,
as the parking garage is a private facility and is not under City of Kitchener ownership.
Conclusion
Transportation Services supports Paradigms analysis provided within the TIS portion of their report;
and further, support applying the UGC parking rate for this development.
To assist in reducing on-site vehicle parking demand and support a reduced parking rate, the
following must be provided and will be further finalized through the Site Plan:
• Residential parking must be unbundled from the cost of a unit.
• Subsidized GRT pass per unit for the residential component for a minimum of two years.
• A portion of the Class A bike parking having direct access to Bramm Street, private lane, Victoria
Street South.
• Indoor bike fix -it stations be provided.
• Also, consideration be given to providing a portion of the Class A bicycle parking from within the
units.
Dave Seller, C.E.T.
Traffic Planning Analyst Transportation Services I City of Kitchener
519-741-2200 ext. 7369 TTY 1-866-969-9994 1 dave.sellera-kitchener.ca
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Thursday, June 15, 2023 12:13 PM
To: Deeksha Choudhry <Deeksha.Choudhry@kitchener.ca>; Pegah Fahimian
<Pegah.Fahimian@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Taylor Stapleton
<Taylor.Stapleton@kitchener.ca>; MMohr <MMohr@regionofwaterloo.ca>
Cc: Dave Seller <Dave.Seller@kitchener.ca>; Lenore Ross <Lenore.Ross@kitchener.ca>; Jessica Vieira
<Jessica.Vieira@kitchener.ca>; Josh Graham <JGraham@regionofwaterloo.ca>; Niall Melanson
<Niall.Melanson@kitchener.ca>
Subject: Recirculation OPA/Zba 130-142 Victoria St
Good Morning,
The applicant for the OPA/ZBA proposed for 130 -142 Victoria Street has resubmitted a final plans and
supporting documentation for the development proposed at 132 — 140 Victoria Street. Documents are
available via Share File: https://kitchener.sharefile.com/home/shared/fo4b720e-4289-4af5-abff-
ef3afd554230/folder
Please provide your final review and comments by June 30, 2023.
Thanks,
Katie
Page 200 of 399
Katie Anderl
Project Manager - Planning I Planning Division I City of Kitchener
519-741-2200 x7987 I TTY 1-866-969-9994 1 katie.anderl@kitchener.ca
R 1 ►: ��-� yon
i�rrr �L1,� �J
Page 201 of 399
From: Taylor Stapleton
Sent: Wednesday, July 12, 2023 12:00 PM
To: Katie Anderl
Subject: RE: Recirculation OPA/Zba 130-142 Victoria St
Hi Katie,
I've reviewed the resubmitted PJR and UDB and have no comments. I would have liked to see some
commentary on how they plan to mitigate the impacts to adjacent parks, open space, and community
facilities within the revised PJR but believe it might be unreasonable to ask for them to revise again.
Let me know if you need anything else from me.
Thanks,
Taylor Stapleton
(she,her)
Associate Landscape Architect, Parks & Open Space Design and Development I Parks & Cemetaries
City of Kitchener
1-519-577-3867 1 Taylor.Stapletona-kitchener.ca
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Tuesday, July 11, 2023 12:25 PM
To: Deeksha Choudhry <Deeksha.Choudhry@kitchener.ca>; Pegah Fahimian
<Pegah.Fahimian@kitchener.ca>; Taylor Stapleton <Taylor.Stapleton@kitchener.ca>; MMohr
<MMohr@reeionofwaterloo.ca>
Cc: Lenore Ross <Lenore.Ross@kitchen er.ca>; 'Josh Graham' <JGraham@reeionofwaterloo.ca>; Niall
Melanson <Niall.Melanson@kitchener.ca>
Subject: RE: Recirculation OPA/Zba 130-142 Victoria St
Hi
Just wanted to follow up on my email below.
Please let me know if you have any further comments regarding this proposal based on the
resubmission.
Thanks,
Katie
From: Katie Anderl
Sent: Thursday, June 15, 2023 12:13 PM
To: Deeksha Choudhry <Deeksha.Choudhry@kitchener.ca>; Pegah Fahimian
<Peeah.Fahimian@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Taylor Stapleton
<Taylor.Stapleton@kitchener.ca>; MMohr <MMohr@reeionofwaterloo.ca>
Cc: Dave Seller <Dave.Seller@kitchener.ca>; Lenore Ross <Lenore.Ross@kitchener.ca>; Jessica Vieira
<Jessica.Vieira@kitchener.ca>; Josh Graham <JGraham@regionofwaterloo.ca>; Niall Melanson
Page 202 of 399
<Nia11.Mel anson@kitchener.ca>
Subject: Recirculation OPA/Zba 130-142 Victoria St
Good Morning,
The applicant for the OPA/ZBA proposed for 130 -142 Victoria Street has resubmitted a final plans and
supporting documentation for the development proposed at 132 — 140 Victoria Street. Documents are
available via Share File: https://kitchener.sharefile.com/home/shared/fo4b720e-4289-4af5-abff-
ef3afd554230/folder
Please provide your final review and comments by June 30, 2023.
Thanks,
Katie
Katie Anderl
Project Manager - Planning I Planning Division I City of Kitchener
519-741-2200 x7987 I TTY 1-866-969-9994 1 katie.anderl@kitchener.ca
R , You •
Page 203 of 399
From:
Proximity <proximity@cn.ca>
Sent:
Friday, August 4, 2023 12:18 PM
To:
Katie Anderl
Subject:
2023-08-04_CN_RES_ REVISED: Circulation for Comment - 130-142
Victoria Street South (OPA/ZBA)
Attachments:
2_PTL_Anderl_CommentMatrix_130-142VictoriaStS.pdf
Hello Katie,
Thank you for your follow up regarding the application in subject. CN requests for comments 88 to 92 to
be part of the holding provision. Concerning the noise report, CN will ask for a technical memorandum
in response to the peer review comments and to CN satisfaction to be submitted at the time of drafting
the CN development agreement. Since the site is in proximity to a Spur line, the updated noise dose not
need to be part of the holding provision.
Best regards
Ashkan Matlabi, Urb. OUQ. MBA
Urbaniste senior / Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage et design urbain
"%% I )
E : proximitya-cn.ca
T: 1-438-459-9190
1600, Rene -Levesque Ouest, 11 a etage
Montreal (Quebec)
1-131-1 1 P9 CANADA
wsp.com
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Tuesday, August 01, 2023 9:14 AM
To: Proximity <proximity@cn.ca>
Subject: FW: 2022-12-15_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the content
AVERTISSEMENT : ce courriel provient d'une source externe au CN : NE CLIQUEZ SUR AUCUN lien ou piece jointe a moins de reconnaitre 1'expe
Hi Ashkan,
You had provided Peer Review comments back to the City on this project several month back. I am
currently finalizing my report. Please see comments 88-92 and 111 addressing the in the attached
Page 204 of 399
response matrix from the applicant and their consultants addressing your comments/peer review. I can
confirm that we will be including a Holding provision for final Stationary Noise Study to address regional
comments. Do you need to be part of this holding provision for the Rail Noise as well? Or would you be
satisfied with addressing the standard criteria through Site Plan/Plan of Condo?
Thanks,
Katie
From: Labreche, Victor <victor.labreche@arcadis.com>
Sent: Monday, July 17, 2023 3:39 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Cc: Tsimenidis, Christian <christian.tsimenidis@arcadis.com>
Subject: RE: 2022-12-15_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
Good afternoon Katie.
Gradient responded to the last set of CN comments in the Comment Matrix. See attached, line item 111.
Also, there is a Holding Provision for a Detailed Noise Study we are implementing (as per the Region
comments ) these comments are to be further addressed at the Site Plan Stage.
Thank you,
Victor Labreche, MCIP, RPP
Associate Director I Practice Lead, Planning
Arcadis Professional Services (Canada) Inc.
410 Albert Street, Suite 101 1 Waterloo, ON I N21- 3V3 I Canada
T +1 519 585 2255 ext 63252
http://secure-
web.cisco.com/119bd34 PZUhQn6woyUE5ZsXObVSJJPZIJdfLFv1dvm7SG3RUniVPVIKm46LguUOv5O1B
TmvJfIJLNm2OfApzu41 C PKHzsHH9N0iziOHVzN-
vD1 dt D6s900kOFBg9rux922WXoz6134RAr9mw7fiBuiEukhKxHMLi1 pXQSykPT601 KVdFCifDyvbdCe m
zxOxMftme7d-kbdd-ckuRlQc6bbU8QOHF57sDPiNEcOcdOUyMmQ7XKdA-
z1oE9sTPM5TeEozitxGgDMglxTCCurCOnALcsNBUEbKt90 zinOKHv hT2uDUn3S 87ob DPM/http%3A
%2 F%2 Fwww. a rca d is . co m
04ARCADIS
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Monday, July 17, 2023 3:21 PM
To: 'Victor Labreche' <Victor.Labreche@ibieroup.com>
Cc: Tsimenidis, Christian <christian.tsimenidis@arcadis.com>
Subject: RE: 2022-12-15_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
Page 205 of 399
*** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown
senders or unexpected email. ***
Hi,
Just wanted to follow-up on the CN comments — I don't recall seeing updated comments from CN — was
this completed by Gradient?
Thanks,
Katie
From: Victor Labreche <Victor.Labreche@ibieroup.com>
Sent: Friday, December 23, 2022 9:22 AM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: FW: 2022-12-15—CN—RES— REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
Hi Katie,
Thank you for providing the attached, which is all understood and our noise consultant (Gradient) is
working on the reply/update as requested.
Would you have a few minutes at some point before 3pm today to discuss results of our discussions
with the adjacent development (DOV Capital) about our development using their rear lane to access a
relocated underground parking to our development? This was one of the main action items for us to
complete based on our last Teams meeting call on October 61n
Please advise, thanks again Katie.
Victor Labreche MCIP, RPP
Associate Director - Practice Lead, Planning
410 Albert Street, Suite 101
Waterloo ON N2L 3V3 Canada
tel +1 519 585 2255 ext 63252
IBI Group is now proudly a part of Arcadis
NOTE: This email message/attachments may contain privileged and confidential information. If received in error, please notify the sender and delete this e-mail message.
NOTE: Ce courriel peut contenir de ('information privilegiee et confidentielle. Si vous avez recu ce message par erreur, veuillez le mentionner immediatement a 1'expediteur et
effacer ce courriel.
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Friday, December 16, 2022 8:35 AM
To: Victor Labreche <Victor.Labreche@ibigroup.com>
Subject: FW: 2022-12-15—CN—RES— REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
*** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown
senders or unexpected email. ***
Hi Victor,
Please see CN peer review comments attached.
Page 206 of 399
From: Proximity <proximity@cn.ca>
Sent: Thursday, December 15, 2022 10:42 PM
To: Katie Anderl
Subject: 2022-12-15_CN_RES_ REVISED: Circulation for Comment - 130-142
Victoria Street South (OPA/ZBA)
Attachments: 22-172 Dec 14-22 130 -142 Victoria St South Peer Review.pdf
Hello Katie,
You will find in attached document CN peer review comments with regards to the noise and vibration
report prepared by Gradient Wind Engineering, dated March 2022, for the application mentioned in
subject. The report is generally made to CN satisfaction however, the applicant's consultant should
submit an updated report or a technical memorandum addressing the peer review comments and
concerns.
Best regards
Ashkan Matlabi, Urb. OUQ. MBA
Urbaniste senior / Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage et design urbain
E : proximitya-cn.ca
T: 1-438-459-9190
1600, Rene -Levesque Ouest, 11 a etage
Montreal (Quebec)
1-131-1 1 P9 CANADA
wsp.com
From: Proximity
Sent: Monday, October 31, 2022 7:24 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: 2022-10-31_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
Hello Katie,
Thank you for following up. I will verify with CN acoustics expert and will get back to you shortly.
Best regards
Page 207 of 399
Ashkan Matiabi, Urb. OUQ. MBA
Urbaniste senior / Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage et design urbain
NNNI)
E : proximitya-cn.ca
T: 1-438-459-9190
1600, Rene -Levesque Ouest, 11 a 6tage
Montreal (Quebec)
H3H 1 P9 CANADA
wsp.com
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Tuesday, October 25, 2022 12:46 PM
To: Proximity <proximity@cn.ca>
Cc: Victor Labreche <Victor.Labreche@ibigroup.com>
Subject: RE: 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the content
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Hi Ashkan,
Just wanted to follow up on CN's review of the Noise Study for this project. You had indicated early in
September that you were going to be completing a Peer Review.
Regards,
Katie
From: Katie Anderl
Sent: Thursday, September 8, 2022 2:03 PM
To: Proximity <proximity@cn.ca>
Subject: RE: 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
Hi Ashkan,
Do you have an expected timeframe for a response/feedback on the report? I'd like to pass this on to
the applicant.
Thanks,
Katie
Page 208 of 399
From: Proximity <proximity@cn.ca>
Sent: Thursday, September 8, 2022 1:54 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: FW: 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
Hello Katie,
Thank you for providing the attached report. CN will conduct a peer review.
Best regards
Ashkan Matlabi, Urb. OUQ. MBA
Urbaniste senior / Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage et design urbain
`N
E : proximitya-cn.ca
T: 1-438-459-9190
1600, Rene -Levesque Ouest, 11 a etage
Montreal (Quebec)
1-131-1 1 P9 CANADA
wsp.com
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Wednesday, September 07, 2022 3:07 PM
To: Proximity <proximity@cn.ca>
Cc: Victor Labreche <Victor.Labreche@ibigroup.com>
Subject: RE: 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South
(OPA/ZBA)
CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the conteni
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Hi Ashken,
Thanks for your comments on this application for OPA/ZBA. The applicant has submitted a noise study
(see attached) which is also being review by the Region of Waterloo.
Page 209 of 399
The noise consultant has considered surrounding noise sources and identified the CN Huron Park spur
line more than 75 m to the northwest and a main line CN/GO rail corridor more than 300 m north of the
site. They have indicated that under the railway guidelines these are ruled as insignificant sources of
transportation noise and were not included in this assessment.
Can you please confirm if you require any additional work with respect to noise to satisfy CN's
requirements?
Thanks,
Katie
From: Ashkan Matlabi <Ashkan.Matlabi@cn.ca> On Behalf Of Proximity
Sent: Wednesday, April 20, 2022 3:00 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: [EXTERNAL] 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street
South (OPA/ZBA)
Hello Katie,
Thank you for consulting CN on the application mentioned in subject. I notice, CN commented in the
past for an application regarding this site. Please replace any previous comments with the following
recommended conditions.
CN encourages the municipality to pursue the implementation of the following criteria as conditions of
an eventual project approval:
1. The Owner shall engage a consultant to undertake an analysis of noise. Subject to the review of
the noise report, the Railway may consider other measures recommended by an approved Noise
Consultant.
2. The following clause should be inserted in all development agreements, offers to purchase, and
agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway
right-of-way:
"Warning: Canadian National Railway Company or its assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject hereof. There may be
alterations to or expansions of the railway facilities on such rights-of-way in the future including
the possibility that the railway or its assigns or successors as aforesaid may expand its
operations, which expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in the design of
the development and individual dwelling(s). CNR will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or under the aforesaid
rights-of-way."
3. The Owner shall through restrictive covenants to be registered on title and all agreements of
purchase and sale or lease provide notice to the public that the Noise isolation measures
Page 210 of 399
implemented are not to be tampered with or altered and further that the Owner shall have sole
responsibility for and shall maintain these measures to the satisfaction of CN.
4. The Owner shall enter into an Agreement with CN stipulating how CN's concerns will be resolved
and will pay CN's reasonable costs in preparing and negotiating the agreement.
5. The Owner shall be required to grant CN an environmental easement for operational noise and
vibration emissions, registered against the subject property in favour of CN.
CN anticipates the opportunity to review a N&V study taking into consideration the CN development
guidelines.
Thank you and do not hesitate to contact me with any questions.
Best regards
Ashkan Matlabi, Urb. OUQ. MBA
Urbaniste senior / Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage et design urbain
X N s I )
E : proximitya-cn.ca
T: 1-438-459-9190
1600, Rene -Levesque Ouest, 11 a etage
Montreal (Quebec)
1-131-1 1 P9 CANADA
wsp.com
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Thursday, April 14, 2022 10:13 AM
To: Proximity <proximity@cn.ca>; _DL _#_ DSD _Planning <DSD-PlannineDivision@kitchener.ca>; Aaron
McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>;
Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; 'Feds'
<vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim
Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; 'K -W Hydro - Greig Cameron'
<gcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; 'Ontario Power Generation'
Page 211 of 399
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>;
Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA)
CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the content
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My apologies — original email contained incorrect ShareFile link. This has now been corrected —
see below.
Please see attached. Additional documentation is saved in ShareFile. Comments or questions should
be directed to Katie Anderl, Senior Planner (copied on this email).
Christine Kompter
Administrative Assistant Planning Division I City of Kitchener
200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchener.ca
0000000 o
Page 212 of 399
N*
Region of Waterloo
Katie Anderl
Senior Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Ms. Anderl,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionotwaterloo.ca
Melissa Mohr 226-752-8622
File: D17/2/22004
C14/2/22006
November 2, 2022
Re: Proposed Official Plan Amendment OPA 22/04 and
Zoning By-law Amendment ZBA 22/06
130-142 Victoria Street South
IBI Group Inc. (Victor Labreche) on behalf of 1936026
Ontario Inc. (C/O Matthew Laing)
CITY OF KITCHENER
IBI Group Inc. on behalf of 1936026 Ontario Inc. has submitted an Official Plan
Amendment and Zoning By-law Amendment for a development proposal at 130-142
Victoria Street South in the City of Kitchener.
The applicant is proposing a mixed-use development that includes a 25 storey
residential tower with four (4) ground floor commercial units. The applicant has
proposed office space on the second floor. Floors 3-25 include a total of 249 residential
units. Access is proposed from Victoria Street South. Fifty-one (51) vehicle parking
spaces as well as secured bike parking spaces are contained in two underground
parking levels. Amenity areas are located on the top of the 6 -storey podium and
through private balconies.
The subject lands are located in the Urban Area of the Region and designated Urban
Growth Centre in the Regional Official Plan. The subject lands are designated Mixed
Use in the City of Kitchener Official Plan and zoned Low Intensity Mixed Use Corridor
(MU -1) Zone with Special Use Provision 401 IU in the City's Zoning By-law. The
Document Number: 4215405 Version: 1
Page 1 of 11
Page 213 of 399
applicant has proposed an Official Plan Amendment to permit a maximum FSR of 12.73
(whereas a max FSR of 4.0 is currently permitted). A Zoning By-law Amendment is
required to permit the rezoning of the subject lands from the Low Intensity Mixed Use
Corridor (MU -1) Zone with Special Use Provision 401 IU to the Low Intensity Mixed Use
Corridor Zone (MU -1) Zone with Special Regulations 1 R and 525R and Special Use
Provision 401 U with a New Special Regulation Provision and New Holding Provision to
permit the following:
New Special Regulation Provision:
• Permit a minimum side yard setback abutting a street of 0 metres; whereas 4.5
metres is required;
• Permit a minimum rear yard setback of 0 metres; whereas 7.5 metres is required;
• Permit a minimum fagade height of 5.0 metres; whereas 6.0 metres is required;
• Permit a maximum building height of 85.95 metres; whereas 13.5 metres is required;
• Permit a maximum floor space ratio of 12.73; whereas a maximum of 2.0 is
permitted;
• Permit an off -Street Parking rate for:
o Multiple dwellings at 0.20 spaces per dwelling unit; whereas 1.0 space per
dwelling unit is required;
o Retail uses at 0 spaces; whereas 1.0 space per 20.Om2 of the gross floor area is
required;
o Office uses at 0 spaces, whereas 1.0 space per 28.0 m2 of the gross floor area is
required;
Permit an off-street visitor parking rate of 0 spaces; whereas 20% of the total parking
is required;
Permit three (3) barrier -free parking spaces; whereas eight (8) spaces are required.
New Holding Provision:
• To add a Holding Provision to the zone to require the Record of Site Condition.
The Region has had the opportunity to review the proposal and offers the following at
this time:
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Urban Growth Centre" on
Schedule 3a of the Regional Official Plan (ROP) and the site is located in the Major
Transit Station Area of the City of Kitchener and is designated Mixed Use in the City of
Kitchener Official Plan.
Document Number: 4215405 Version: 1
Page 2 of 11
Page 214 of 399
Planned Community Structure:
The Urban Area designation of the ROP has the physical infrastructure and community
infrastructure to support major growth and social and public health services (ROP
Section 2.D). The ROP supports a Planned Community Structure based on a system of
Nodes, Corridors and other areas that are linked via an integrated transportation system
(ROP objective 2.1 and 2.2). Components of the Planned Community Structure include
the Urban Area, Nodes, Corridors and other development areas including Urban Growth
Centres (UGC's) and Major Transit Station Areas (MTSA's).
Most of the Region's growth will occur within the Urban Area and Township Urban Area
designations, with a substantial portion of this growth directed to the existing Built -Up
Area of the Region through reurbanization. Focal points for reurbanization include
Urban Growth Centres, Township Urban Growth Centres, Major Transit Station Areas,
Reurbanization Corridors and Major Local Nodes (ROP Section 2.13). The density and
mixed-use nature of the development is encouraged within the Urban Growth Centres of
the Region.
Regional staff acknowledge that the subject lands are located within 500-800 m of
multiple Stage 1 ION stops and this development proposes a higher density on site that
contributes to the minimum density targets established within the Growth Plan and
Regional Official Plan for the Urban Growth Centre of Kitchener. Furthermore, Regional
staff acknowledge that the development proposal includes a development fronting onto
a Regional Road and existing transit route (Victoria Street South) and proposes a
reduced vehicular parking rate for future residents of the site. Higher density
development with reduced parking rates are supported within Urban Growth Centres
and Major Transit Station Areas of the Region.
Regional Official Plan Amendment 6 (ROPA 6):
The subject lands are located within the Urban Growth Centre of Kitchener and are
located within the Regional Council Adopted Central Station Major Transit Station Area
(MTSA). The development concept proposes a higher density mixed-use development
that contributes to the minimum density target established for the Urban Growth Centre
Central Station MTSA of 200 people and jobs per hectare and 160 people and jobs per
hectare respectively. As Urban Growth Centres and Major Transit Station Areas are
identified as Strategic Growth Areas where the highest levels of growth and
development will be directed, the Region is supportive of the increased density and
uses within these areas. The density and mixed -uses proposed through these
applications are supported within ROPA 6.
Development within Major Transit Station Areas are to be transit -supportive and
prioritize access to the transit station. Regional staff understand that the development
has street presence and includes pedestrian access to the sidewalk along Victoria
Street South. In addition, the development concept proposes a reduction in the
minimum required parking spaces and includes indoor bicycle stalls facilitating access
Document Number: 4215405 Version: 1
Page 3 of 11
Page 215 of 399
to multiple multi -use transit routes within the vicinity of the site. The development
conforms to these policies.
Finally, the housing form proposed through these applications include apartment style
residential units. The type of housing proposed through this development will contribute
to the mix of housing form within this area. Furthermore, the addition of residential and
commercial uses will add to the diverse mix of uses within the Central Station MTSA.
In addition to the above planning comments, Regional staff have the following technical
comments relating to the proposed Official Plan Amendment and Zoning By-law
Amendment:
Record of Site Condition/Environmental Threats
There are medium and high environmental threats located on the subject lands due to
past land uses according to the Region's Threats Inventory Database. Regional staff
acknowledge that the applicant is proposing a density increase of a sensitive land use
on the property that contains a medium and high environmental threat; therefore, a
Record of Site Condition and Ministry Acknowledgement Letter shall be required for the
entirety of the subject lands prior to the approval of the Zoning By-law Amendment.
The Region acknowledges that the applicant has included a Holding Provision on the
entirety of the subject lands until the RSC has been filed with the Ministry of
Environment, Conservation and Parks and the RSC and Ministry Acknowledgement
letter have been submitted to the satisfaction of the Regional Municipality of Waterloo.
The Region is supportive of this Holding Provision and the required wording for the
holding provision is:
That a holding provision shall apply to the entirety of the subject lands until a Record of
Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed
on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site
Registry on or after July 1, 2011 and the Ministry Acknowledgement letter has been
submitted to the satisfaction of the Region.
Please ensure the lands that are to be dedicated as part of the road widening and
daylight triangle to the Region of Waterloo are excluded from the Record of Site
Condition required above.
Corridor Planning
Environmental Noise.-
Regional
oise:
Regional staff have reviewed the study entitled "Environmental Noise Feasibility
Assessment, 130-142 Victoria Street South, Kitchener, Ontario" dated March 23, 2022,
completed by Gradient Wind Engineers & Scientists in support of the above noted
Official Plan and Zoning By-law Amendment and have the following comments that
must be addressed as part of the detailed design stage:
Document Number: 4215405 Version: 1
Page 4 of 11
Page 216 of 399
The study notes the correct major source or roadway traffic in the area is Victoria Street
South and Park Street, but references noise from the CN Huron Park Spur Line, which
is too far away. The area of influence for a spur rail line is 250m. The report must be
updated accordingly.
In addition, the report indicated that the noise levels along Victoria Street South exceed
the noise level guidelines and require noise warning clauses and specific building
components incorporated into the design and construction of the site. The report does
not include a section on the recommended building facade components, but contains a
brief note in the Conclusions and Recommendations section that "Standard OBC 2020
compliant double pane windows will be sufficient to maintain indoor sound levels to
acceptable levels. These windows typically have STC rating of more than 30." Please
provide more specifics related to the building components recommended and the
fagade construction assumptions used to come to the STC ratings.
Stationary Noise.-
Regional
oise:Regional staff have reviewed the study entitled "Environmental Noise Feasibility
Assessment, 130-142 Victoria Street South, Kitchener, Ontario" dated March 23, 2022,
completed by Gradient Wind Engineers & Scientists in support of the above noted
applications and have the following comments:
Impacts form Existing Stationary Noise Sources
GO Layover Site
The existing GO layover site is located sufficiently from the development that the noise
impacts from idling locomotives are expected to be insignificant and the report
concluded that the noise levels at the subject lands are approximately 49 dBA, well
below the specific NPC -300 stationary noise level criteria of 55 dBA for layover sites.
Hardware Store, Storage Yard - 166 Park Street
A sample calculation was performed utilizing Equation 1 and a reference impulsive
sound power level of 104 dBAI, equal to 72 dBAI at 15 m, to extrapolate noise levels at
the study site. This results in a noise level of 43 dBAI at the study site, falling below the
NPC -300 exclusionary limits summarized in Table 1 of the assessment. Furthermore,
the property is beyond the 70 m potential influence are for Class 1 industries, as defined
by the D -Series guidelines.
The adjacent property at 305 Joseph Street may also be a Class 1 industry, however
this property already has an Environmental Compliance Approval (ECA) for air (ECA
#4613-C8VMEP) and no sources of stationary noise are identified.
Adjacent Condominium Buildings
HVAC equipment on surrounding condominium buildings includes air -handling units,
cooling towers and emergency generators, which are typically the greatest contributors.
Document Number: 4215405 Version: 1
Page 5 of 11
Page 217 of 399
These sources will have been designed with mitigation for the surrounding
condominium towers, such as noise screens or silencers. Because the study site has
similar or greater setback distance, it is expected to be compatible with these existing
properties.
Although detailed building designs have yet to be provided, the study did not identified
potential on-site noise sources such as cooling towers; air handling equipment and
underground garage exhaust system that may be associated with the development.
These will require further assessment to determine any impacts to the on-site and off-
site sensitive receptors.
Regional Staff recommend that the assessment of these aspects of the proposal
including the mitigation detail (if any) be further studied through a detailed stationary
noise study and that a Holding Zone be implemented until this information is obtained all
to the satisfaction of the Regional Municipality of Waterloo.
Regional staff are satisfied with the conclusions and recommendations within the Noise
Impact Study at this stage (Official Plan and Zoning By-law Amendment stage) subject
to the implementation of a Holding Provision for a detailed Stationary Noise Study. The
detailed noise study should include details relating to floor plans, building elevations,
mechanical drawings, and equipment selections. Furthermore, the equipment selected
shall comply with the Ministry of Environment, Conservation and Parks (MECP) NPC -
300 Noise Guideline.
In addition to the above, Regional staff recommend the following noise -warning clause
be registered on title for all dwelling units. It is recommended that the owner to enter
into an agreement with the City of Kitchener and that the following clause(s) be included
in agreements of Offers of Purchase and Sale, lease/rental agreements at the Site Plan
stage and draft approval of Condominium application stage (if applicable).
1. "Purchasers/tenants are advised that due to the proximity of the adjacent
Commercial/Industrial facilities and Residential Tower roof -top units and other noise
sources, sound from these facilities and roof -top units and other noise sources may
at times be audible."
2. The Acoustical Consultant for the proposed development shall prepare a noise study
addendum when floor plans, building elevations and mechanical drawings and
equipment selections are available and confirm that mechanical equipment sound
emissions comply with MECP Guideline NPC -300 at the development itself and other
noise sensitive receptors in the neighbourhood.
3. That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures (if any) are incorporated in
Document Number: 4215405 Version: 1
Page 6 of 11
Page 218 of 399
the building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
Regional Road Dedication:
The subject lands have direct frontage on Victoria Street South (Regional Road 55)
which has a dedicated road width of 26.213m (86ft) in accordance with Schedule `A' of
the Regional Official Plan. The existing Victoria Street South right-of-way measures
approximately 20.117m (66ft) and Regional staff estimate that an approximate road
dedication of 3.048m (10 ft) is required across the entire property frontage of Victoria
Street South. In addition, a daylight triangle measuring 7.62m x 7.62m (measured after
the road widening) is also required at the intersection of Victoria Street South and
Bramm Street (the intersection), but the Region can accept a 5m x 5m or 3m x 3m
daylight triangle at the intersection of Bramm and Victoria Street South due to the
constrained nature of this site and its location within the historic area of Kitchener.
The concept plans provided with the application appear to show a number of building
features (e.g. doorways) that abut the Victoria Street South right-of-way. Please ensure
that the proposed building features are located fully within the private property including
and doorways and architectural features. Please ensure that all site features (e.g.
below, at and above grade) are all located on private property.
In addition, please be advised that a Phase I ESA (and possibly a Phase II ESA) shall
be required for the portion of lands to be dedicated to the Reigon of Waterloo. Please
ensure the lands that are to be dedicated to the Region of Waterloo as indicated above
are excluded from the Record of Site Conditions required above.
Access Permit/TIS/Access Regulation.-
The
egulation:The subject lands currently have access to Victoria Street South, which is a road under
the jurisdiction of the Regional Municipality of Waterloo with one access to Bramm
Street (under the Jurisdiction of the City of Cambridge). The drawings and plans
provided in support of the Official Plan Amendment and Zoning By-law Amendment
Application propose the amalgamation and closure of the existing accesses with one
new vehicular access on the westerly side of the property along Victoria Street South
and an access to the shared laneway from Bramm Street. Regional staff have no
objection to the amalgamation and closure of existing accesses with one new vehicular
access on the westerly side of Victoria Street South as it is currently proposed.
In addition to the above, a Transportation Impact Study and Transportation Demand
Management study entitled "130-142 Victoria Street South, Kitchener, ON,
Transportation Impact Study, Parking Study & Transportation Demand Management
Plan" dated December 2021, completed by Paradigm Transportation Solutions Limited
has been submitted in support of the application. Regional staff have no objection to
Document Number: 4215405 Version: 1
Page 7 of 11
Page 219 of 399
the report at this stage (Official Plan Amendment and Zoning By-law Amendment
stage). Detailed comments will be provided under separate cover.
Please be advised that if any improvements to the Regional Road network are identified
through the study and approved by the Region of Waterloo, the developer may be
responsible for any financial and property requirements associated with the road
improvements. In addition, please be advised that the TIS review fee of $500.00 has
been received (and deposited) by the Regional Municipality of Waterloo.
Stormwater Management and Site Grading:
Regional staff have reviewed the report entitled "Functional Servicing and Stormwater
Management Report" dated November 30, 2021, completed by WalterFedy in support of
the above noted Official Plan Amendment and Zoning By-law Amendment applications.
Regional staff accept the report at this stage and detailed comments regarding the
report will be sent through the future site plan application.
Transit Planning.-
Grand
lanning:Grand River Transit (GRT) currently operates Route 20 along this section of Victoria
Street South with an existing transit stop within close proximity to the subject lands.
GRT staff have been circulated this application and specific Regional conditions of
approval related to transit will be provided through a future site plan application.
Region of Waterloo Transportation Capital Program
This section of Victoria Street South is identified within the Region's 10 -Year
Transportation Capital Program for reconstruction in 2029. For additional information
regarding this project, please contact William Gilbert at wgilbert(a-)regionofwaterloo.ca
Region of Waterloo International Airport/NAV Canada.-
Although
anada:Although the proposed development falls outside of the Region of Waterloo
International Airport, NAV Canada requires to be notified of the construction of buildings
and the use of construction cranes for development above 30.48m (100 ft) above
ground level. The developer of the project must complete and submit a Land Use
Submission form to NAV Canada. The form can be found here:
https://www. navcanada.ca/en/products-and-services/Pages/land-use-program.aspx.
Hydrogeology and Source Water Programs:
Due to the potential for contamination on the subject lands (as described above)
Regional staff require a prohibition on geothermal energy systems to be written into the
Zoning By-law. The required wording for the prohibition is:
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well,
borehole or pipe installation used for geothermal systems, ground -source heat pump
systems, geo-exchange systems or earth energy systems for heating or cooling,-
including
ooling;including open -loop and closed-loop vertical borehole systems. A geothermal well does
Document Number: 4215405 Version: 1
Page 8 of 11
Page 220 of 399
not include a horizontal system where construction or excavation occurs to depths less
than five meters unless the protective geologic layers overlaying a vulnerable aquifer
have been removed through construction or excavation.
Regional Water Services:
Regional Water Services staff understand that the applicant has proposed a connection
to local services available from Bramm Street and have no objection to the application.
Please be advised that no connection to the 600 mm Regional watermain on Victoria
Street South shall be permitted in accordance with Section B.2.1.4.1 of the Design
Guidelines and Supplemental Specifications for Municipal Services, January 2021.
Housing Services
The Region supports the provision of a full range of housing options, including
affordable housing. The Region's 10 -Year Housing and Homelessness Plan contains an
affordable housing target for Waterloo Region. The target is for 30% of all new
residential development between 2019 and 2041 to be affordable to low and moderate
income households. Staff recommend that the applicant consider providing a number of
affordable housing units on the site. Staff recommend meeting with Housing Services to
discuss the proposal in more detail and to explore opportunities for partnerships or
programs.
For the purposes of evaluating the affordability of an ownership unit (based on the
definition in the Regional Official Plan), the purchase price is compared to the least
expensive of:
Housing for which the purchase price results in annual
accommodation costs which do not exceed 30 percent of gross
$385,500
annual household income for low and moderate income
households
Housing for which the purchase price is at least 10 percent
below the average purchase price of a resale unit in the
$576,347
regional market area
*Based on the most recent information available from the PPS Housing Tables (2021).
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $576,347.
For the purposes of evaluating the affordability of a rental unit (based on the definition of
affordable housing in the Regional Official Plan), the average rent is compared to the
east expensive or:
A unit for which the rent does not exceed 30 per cent of the
gross annual household income for low and moderate income $1,470
renter households
Document Number: 4215405 Version: 1
Page 9 of 11
Page 221 of 399
A unit for which the rent is at or below the average market rent
Bachelor: $950
(AMR) in the regional market area
1 -Bedroom: $1,134
2 -Bedroom: $1,356
3 -Bedroom: $1,538
4+ Bedroom: $3,997
*Based on the most recent information available from the PPS Housing Tables (2021)
In order for a unit to be deemed affordable, the average rent for the proposed units must
be at or below the average market rent in the regional market area, as listed above.
Fees
By copy of this letter, the Region of Waterloo acknowledges receipt of the review fees of
$7,900.00 (Official Plan Amendment, Zoning By-law Amendment, Environmental Noise
and TIS review fees).
Conclusions:
Based on comments above, the Region has no objection to the Official Plan
Amendment and Zoning By-law Amendment Applications subject to the implementation
of the following:
Holding Provision related to the Record of Site Condition and Ministry
Acknowledgement letter. The required wording is:
That a holding provision shall apply to the entirety of the subject lands until a Record
of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been
Ned on the Ministry of Environment, Conservation and Parks (MECP) Environmental
Site Registry on or after July 1, 2011 and the Ministry Acknowledgement letter has
been submitted to the satisfaction of the Region.
2. Holding Provision related to the detailed stationary noise study. The required
wording is:
That a holding provision shall apply to the entirety of the subject lands until a detailed
stationary noise study has been completed and implementation measures addressed
to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary
noise study shall review the potential impacts of the development on itself (e.g. HVAC
system on the sensitive points of reception) and the impact of the development on the
adjacent sensitive land uses.
3. The implementation of a geothermal well prohibition. The required wording for the
prohibition is:
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical
well, borehole or pipe installation used for geothermal systems, ground -source heat
pump systems, geo-exchange systems or earth energy systems for heating or
Document Number: 4215405 Version: 1
Page 10 of 11
Page 222 of 399
cooling, including open -loop and closed-loop vertical borehole systems. A
geothermal well does not include a horizontal system where construction or
excavation occurs to depths less than five meters unless the protective geologic
layers overlaying a vulnerable aquifer have been removed through construction or
excavation.
In addition to the above, any future development on the lands subject to the above -noted
application will be subject to the provisions of Regional Development Charge By-law 19-
037 or any successor thereof.
Please accept this letter as our request for a copy of the decision pertaining to this
application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
C. 1936026 Ontario Inc. C/O Mathew Laing (Owner)
Victor Labreche, IBI Group (Applicant)
Document Number: 4215405 Version: 1
Page 11 of 11
Page 223 of 399
April 20, 2022
Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca
Katie Anderl
Senior Planner
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
katie.anderl(a)kitchener.ca
Re: Official Plan Amendment OPA22-004-V-KA
Zoning Bylaw Amendment ZBA22-006-V-KA
130-142 Victoria Street South
1936026 Ontario Inc.
Dear Ms. Anderl,
The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
application for a 25 -storey, mixed-use development.
Recommendation
We have no objections to the application.
Documents Reviewed by Staff
Staff have reviewed the following documents submitted with this application:
• Topographic survey (JD Barnes, June 17, 2021)
• Functional Survey and Grading Plans (WalterFedy, revised February 1, 2022)
• Architectural Package (Core Architects, December 17, 2021)
This submission follows our pre -consultation comments on July 26, 2021.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 224 of 399
GRCA Comments
The GRCA has reviewed this application as per our Provincial delegated responsibility
to review natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario
Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of
Waterloo.
The properties are located in the flood fringe portion of a two -zone floodplain policy
area. Development may be permitted in the floodplain subject to meeting the
requirements set out in the Kitchener Official Plan (OP). The functional grading plan
demonstrates the building and underground parking will be floodproofed, and the
topographic survey demonstrates that safe access along Victoria Street South and
Bramm Street is available.
As part of a subsequent site plan application, the GRCA requests the following details:
• Revising the architectural cross-section plans to show geodetic elevations;
• Demonstration that:
o Elevator access to the below -grade parking is prevented during flooding;
o Sump pump facilities are included; and,
o Electrical and mechanical services are floodproofed.
This is considered a minor official plan / zoning bylaw amendment. Consistent with
GRCA's 2022 approved fee schedule, we will invoice the applicant $445 for our review.
A separate fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2763 ext. 2292 or
theywood(a)grandriver. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
cc: Victor Labreche, IBI Group
Page 2 of 2
Page 225 of 399
From: Planning <planning@wcdsb.ca>
Sent: Friday, May 6, 2022 4:06 PM
To: Katie Anderl
Subject: [EXTERNAL] RE: REVISED: Circulation for Comment - 130-142
Victoria Street South (OPA/ZBA)
Attachments: RE: Notice of Pre -submission Consultation - 130, 138 & 142 Victoria
Street South (OPA/ZBA)
Good Afternoon Katie,
The Waterloo Catholic District School Board has reviewed the subject application and have no further
comments beyond those submitted for the pre -submission consultation.
I have attached those comment for reference to this e-mail.
If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Thursday, April 14, 2022 10:13 AM
To: 'CNR' <proximity@cn.ca>; _DL_#DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron
McCrimmon-Jones <Aaron.McCrimm_on-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>;
Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; 'Feds'
<vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim
Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; 'K -W Hydro - Greig Cameron'
<gcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; 'Ontario Power Generation'
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>;
Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <plannine@wrdsb.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA)
Caution - External Email - This Message comes from an external organization. Do NOT click on
unrecognized links or provide your username and/or password.
Page 226 of 399
My apologies — original email contained incorrect ShareFile link. This has now been corrected —
see below.
Please see attached. Additional documentation is saved in Comments or questions should
be directed to Katie Anderl, Senior Planner (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
e
Disclaimer - This email and any files transmitted with it are confidential and contain privileged or
copyright information. You must not present this message to another party without gaining permission
from the sender. If you are not the intended recipient you must not copy, distribute or use this email or
the information contained in it for any purpose other than to notify us. If you have received this
message in error, please notify the sender immediately, and delete this email from your system. We do
not guarantee that this material is free from viruses or any other defects although due care has been
taken to minimize the risk. Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of the Waterloo Catholic District School
Board.
Page 227 of 399
From: WRDSB Planning <planning@wrdsb.ca>
Sent: Tuesday, May 3, 2022 4:14 PM
To: Katie Anderl
Cc: Christine Kompter; Planning
Subject: [EXTERNAL] Re: [Planning] REVISED: Circulation for Comment - 130-
142 Victoria Street South (OPA/ZBA)
PLANNING
DEPARTMENT
May 5, 2022
Re: Notice of Application for Zoning By-law and Official Plan Amendment
File No.: ZBA22/006/V/KA and OPA22/004/V/KA
Municipality: City of Kitchener
Location: 130-142 Victoria Street South
Owner/Applicant: 1936026 Ontario Inc.
Dear Katie Anderl,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that
proposes the development of a 25 storey mixed use development including 4 ground floor commercial
units, second floor office space, and 249 dwelling units. The WRDSB offers the following comments.
Student Accommodation
At this time, the subject lands are within the boundaries of the following WRDSB schools:
• King Edward Public School (Junior Kindergarten to Grade 6)
• Margaret Avenue Public School (Grade 7 to Grade 8)
• Kitchener -Waterloo C.I. (Grade 9 to Grade 12)
The WRDSB's 2020-2030 Long -Term Accommodation Plan anticipates residential development
intensification along this segment of the ION and the area will continue to be monitored closely. Interim
student accommodation measures, including portable classrooms, may be required until an alternative
accommodation solution is in place. Alternatively, the WRDSB may conduct a boundary study or
designate this property as a "Development Area" and assign it to Holding Schools before occupancy or
sales.
Student Transportation
The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of
all development applications to ensure the enhancement of safety and connectivity. WRDSB staff are
interested in engaging in a conversation with the City of Kitchener, and applicant to review the
optimization of pedestrian access to public transit, and municipal sidewalks so students may access
school bus pick-up points.
Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately
owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to
meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student
pick-up point(s) placement on municipal rights-of-way.
WRDSB Conditions
Concerning any future declaration or site plan agreement, the WRDSB requests the following
inclusions:
Page 228 of 399
1. That the Owner/Developer shall include the following wording in the condominium declaration
to advise all purchasers of residential units and/or renters of same:
a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB),
accommodation in nearby facilities may not be available for all anticipated students.
You are hereby notified that students may be accommodated in temporary facilities
and/or bussed to a school outside the area, and further, that students may, in future,
be transferred to another school."
b. For information on which schools are currently serving this area, contact the WRDSB
Planning Department at 519-570-0003 ext. 4419, or email planninq(a)_wrdsb.ca.
Information provided by any other source cannot be guaranteed to reflect current
school assignment information.
c. "In order to limit liability, public school buses operated by the Student Transportation
Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on
privately owned or maintained right-of-ways to pick up students, and potential busing
students will be required to meet the bus at a congregated bus pick-up point "
1. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered
on the title to the Property that provides:
a. "All agreements of purchase and sale or leases for the sale or lease of a completed
home or a home to be completed on the Property must contain the wording set out
below to advise all purchasers of residential units and/or renters of same."
"Despite the best efforts of the Waterloo Region District School Board
(WRDSB), accommodation in nearby facilities may not be available for all
anticipated students. You are hereby notified that students may be
accommodated in temporary facilities and/or bussed to a school outside the
area, and further, that students may, in future, be transferred to another
school."
For information on which schools are currently serving this area, contact the
WRDSB Planning Department at 519-570-0003 ext. 4419, or email
planning0-wrdsb.ca. Information provided by any other source cannot be
guaranteed to reflect current school assignment information.
iii. "In order to limit liability, public school buses operated by the Student
Transportation Services of Waterloo Region (STSWR), or its assigns or
successors, will not travel on privately owned or maintained right-of-ways to
pick up students, and potential busing students will be required to meet the
bus at a congregated bus pick-up point "
1. That in cases where Agreements of Purchase and Sale have already been executed, the
Owner/Developer sends a letter to all purchasers which include the above statements
2. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's
expense and according to the WRDSB's specifications), near or affixed to the development
sign, advising prospective residents about schools in the area and that prior to final approval,
the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB.
3. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above
condition(s) has/have been satisfied.
Page 229 of 399
Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's
Education Development Charges By-law, 2021 or any successor thereof and may require the payment of
Education Development Charges for these developments prior to issuance of a building permit.
The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves
the right to comment further on this application.
If you have any questions about the comments provided, don't hesitate to contact the undersigned.
Sincerely,
o'-00"
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2
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all
OP
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Emily Bumbaco
Senior Planner
Pronouns: she/her
Waterloo Region District School Board
51 Ardelt Avenue, Kitchener ON, N2C 2R5
Desk: 519-570-0003 Ext. 4308
Mobile: 519-831-4710
Email: emily bumbaco(a)-wrdsb.ca
Website: www.wrdsb.ca
On Thu, Apr 14, 2022 at 10:13 AM Christine Kompter<Christine.Kompter@kitchener.ca> wrote:
My apologies — original email contained incorrect ShareFile link. This has now been corrected
— see below.
Please see attached. Additional documentation is saved in ShareFile. Comments or questions should
be directed to Katie Anderl, Senior Planner (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter@kitchener.ca
Page 230 of 399
000000000
Page 231 of 399
Name
Date
Comment
Chris Klassen
June 19/22
1 currently live at --------------------------------- I am wondering with the proposed new condos at 130
Victoria and 146 Victoria adding to the condo population of the Garment St condos, has anyone thought
of providing more greenspace for the dogs? There are already a lot of dogs just in the Garment St condos
(which are not even fully complete and occupied.
There are limited places to take dogs for a quick pee. The people who have houses and yards across
Victoria St are going to be having lawn problems if we are adding that many more dogs to the
neighbourhood.
Perhaps the developers need to give up some space for a dog park?
Thanks
Elaine Reed
May 20/22
Here we go again. Here are my concerns:
1. No green space. A tree in a pot is not green space, nor is something on the roof.
2. Where is the affordable housing for families? This city talks a lot about this, but I see no action
3. Traffic -Park St is already jammed up, also Victoria St. Don't tell me all these people will be taking the
LRT... I don't believe that.
4. 1 won't live to see it,but I predict Park and Victoria St area will become the slum area of the city,30
years from now
5. 1 see in the ads for all these high rises in this area, they talk about the "vibrant " downtown -seems like
false advertising to me
6. Please add me to the mailing list for all future meetings, decisions on this project.
7. When is the city going to go back to in person meetings, rather than virtual?
Mike Canivet and
May 18/22
Response to the Development Proposal for 130— 142 Victoria St. S.
Jane Harding
Gwen Wheeler submitted a response that more than adequately expresses our exact thoughts.
Additionally, we are wondering what function the City of Kitchener planners perform when projects such
as this one come forward, other than seeming to be cheerleaders and box checkers.
It is obvious that most of the recent high rise tower proposals far exceed intensification targets in our
Official Plans and are only financially viable if these excesses are permitted. Are planners who are in
favour of concrete, glass and steel towers the only ones assigned to shepherd these towers through the
system? Is there any process where alternatives are proposed? Do the planners take the larger
community into consideration as they guide the developers through the regulations or is their function
strictly to make sure all the boxes are checked?
We are also wondering about the future of the Bramm Yards and the rest of the vacant land in that area.
This tower, along with the 3 proposed at the corner of Park and Victoria, along with the multiple towers
Page 232 of 399
Page 233 of 399
presently going up just across the tracks, along with the large parking structure at the end of Stewart will
nearly encircle that area and severely diminish future uses. Unless of course the plan is to fill in that area
with more concrete towers. The shadow and wind studies for an intimate grouping of 10 or 15 more
concrete towers would indeed by very interesting.
Respectfully yours,
Mike Canivet and Jane Harding
Katherine Moore
May 20/22
Hi Katie,
I'm a homeowner on --------------------------------------------.
I'm pleased to see that the concept for the Victoria/Park development has made some changes including
a reduction in the number of stories from 38 to 25.
I'm concerned about the number of Parking Spots (51 for 249 units) as I worry that condo owners will
take up the few parking spot in downtown Kitchener which would ideally be available for people coming
from further out of the downtown core to enjoy its restaurants and the Park. What is the city's plan for
accommodating more parking?
What is the mix of unit types? Kitchener needs some three bedroom units to entice young and growing
families to remain downtown as opposed to moving to the suburbs.
How many units will be earmarked for affordable housing? What limitations exist to exclude foreign
buyers and investors from buying up any such units?
In what way is the developer contributing to the development of the community? Ie public art,
community center, public pool, dog park, etc?
Thanks for your attention,
Katherine Moore
Sheldon Atos
May 19/22
1 hereby wish to register my extreme opposition to this proposed development. There are many bylaws,
guidelines and recommendations that this proposed development egregiously transgresses. Further, I
Page 233 of 399
Page 234 of 399
have noted that there are a number of technical inaccuracies and factual mis-statements in the
supporting documentation. I look forward to discussing these and other matters at the Neighbourhood
Information Meeting.
Sincerely,
Sheldon Atos
Sandrina
May 20/22
Hi Eric, Katie,
Dumitrascu
Following up on the February 8th Public meeting for the 146 Victoria St S Development - are there any
further updates on this project you could share? I haven't received any email notifications from the City
on this project since the email below from January.
The Kitchener Planning Application website offers the following status update, but not more on the next
steps:
Status Update: A Neighbourhood Meeting was held on February 8th, 2022. A recording of the meeting
can be found here: https://www.youtube.com/watch?v=JZ17Hd9ch2s
Will City Staff post their comments/ recommendations to Council to the public as well, ahead of any of
the Council meetings? Also, will City Staff address any of the comments raised ahead of the public
consultation meeting (such as the lengthy email below) / as well as any comments raised during the
public consultation meeting? It would be great to have an official platform to share this information on
for all development applications (such as the EngageWaterloo website) - so that public support /
concerns are clearly heard and taken into account. These conversations should not take place on
separate platforms that many of my neighbours seem to be turning to to raise awareness about this
projects, such as the ones below:
https://you.leadnow.ca/petitions/reduce-the-heights-victoria-and-park-towers
https://Iivableparkandvictoria.com/
We've also recently received a notice for development for the adjacent site, 130 Victoria St S (which is
why I'm looping in Katie Anderl on this email) - this development application does not show any of the
proposed development at 146 Victoria St S. in their supporting documentation.
Page 234 of 399
Page 235 of 399
If each of these developments is reviewed as a stand alone project, on a first come first served basis,
against current as of right conditions not in the context of what is being proposed - there is no accuracy
to any of the supporting documentation presented with the applications - servicing reports, traffic
studies, shadow, wind, etc.
Given the high scale and density of the two adjacent development applications currently underway, as
well as the unknown future use/designation of the large City owned lands at Bramm Yards Lands, will the
City engage in a larger scale Master Planning exercise for the area, rather than taking a piecemeal
approach to urban design / City Building? I've raised these questions (along with others) in the email
below ahead of the Public meeting, but have not yet come across a clear answer on this so far.
Other municipalities, like the City of Toronto require a Master Plan to be done for larger sites - Section
1.2, page 21 of the document:
https://www.toronto.ca/wp-content/uploads/2018/01/96ea-cityplanning-tall-buildings-may2013-final-
AODA.pdf
Thank you,
Sandrina
Ron MacDonald
May 23,
Good morning Katie
2022
I have a few important concerns regarding the future of my neighborhood! I aapreciate that
development happens but I think there should be a balance when introducing it. I live on -----------------
and many of us fear that with this upon us, pardon the pun, our street will become unhinged by the
sheer numbers of people and cars that will be using it.
Word around here is that development will continue west on Victoria St. in the near future!
I'm thinking the winds will change, the shadows will grow ... the traffic will multiply....!
I think the consensus is that development .... ok, but let's pull back away from it being so grandiose!
Smaller in this case is our choice!
I'm hoping others in and around Park and Victoria will comment as well!
THANKYOU Katie for the time!
Page 235 of 399
Page 236 of 399
Ron MacDonald
Maureen
April 28/22
Good morning all:
McMahon
I am writing this email as a: 1) home owner located at ----------------------------- and
2) tenant at --------------------- — ---------------------------.
My, along with our resident neighbours and tenant colleagues, are concerned
about numerous problems related to this project.
On our street now, we have rapid, large volume traffic that proceed down
our street at unsafe speeds. I have taken the liberty of purchasing signs
validating the SLOW DOWN message to no avail !!! When you get to the
bottom of our street — at Victoria Street — if you want to turn left, even
without the new and proposed project — you CANNOT turn left due to
the massive amount of vehicles using Victoria Street. It is highly unlikely
that somebody in their wisdom will think to put a 4 -way stop sign at this
end, put speed bumps on our street, post and reduce the speed on our
street, etc. Some neighbours have called City Hall to complain about the
speeding, going the wrong way— and nothing still has not been done!!!
Some neighbours are willing to go to the Record for answers.
We are also concerned about the 'shadow effect' and INCREASED
TRAFFIC FLOW, which you all will agree will traverse down our street.
How will EMS, fire department, crucial medical assistance not be
inconvenienced by the increased VOLUME OF TRAFFIC. We are
a heritage designated area and lets scale down, if anything, the
site proposal.
As a tenant at ------------------------------ we now have to re -locate our business
that has been at this location for 35 years. Is there a subsidy available
to us and other tenants to do so?????????? How about offering this up
to us — if you can afford to build this project why not find some funding
in good faith to us all !!!!!!
Page 236 of 399
Page 237 of 399
Looking forward to a reply.
MAUREEN MCMAHON
-----------------------------
-----------------------------
H: ----------------------------
---------------------------OWNER-OPERATOR: ---------------------------------
OWNER-OPERATOR:
--------------------------------------
Sue Savor
April 27/22
To Katie Anderl, City planner for 130-142 Victoria Street South Proposal:
This is another poorly planned proposal for Victoria Street South.
In addition to the predictable requests to ignore the Official Plan and Zoning bylaws to allow for drastic
changes to floor space ratio and massive changes to height allowance, the parking reduction is so
impractical it borders on absurd.
This trend of eliminating parking for condos will inevitably result in congested street parking as well as
full public parking lots. This will create havoc for visitors to the area, as well as frustration and added
expense to condo/apartment dwellers.
Some dwellers who are physically challenged require easy access to personal transportation. Restricting
parking to them is discriminatory. People who are in need of practical access to parking include those
who use wheelchairs, those requiring walkers, the aged, people who are temporarily challenged in
mobility, including those who have broken a leg, those receiving chemo treatment, post surgery
residents, and people requiring help from professional or family caregivers who need easy access to
transportation for appointments. PSWs and family caregivers who provide essential care cannot bear the
extra cost of parking.
Personal transportation is shifting toward more environmentally sustainable electric cars. In addition to
the use of public transportation, people will continue to require cars as well. Eliminating parking will not
eliminate the need for personal methods of transportation.
Page 237 of 399
Page 238 of 399
This proposal, like all the others, has no truly affordable housing, no accessible housing, no family sized
affordable units, no environmentally forward construction, no attempt at an aesthetically pleasing
design, and no green space of any kind.
If this proposal and the proposal for three towers at Victoria and Park goes through, this block will have a
density of 5000 people. This is not well thought out, and it is not a sustainable, healthy way to live. This is
warehousing.
This is another purely profit driven proposal that further strips the city of Kitchener of its culture and
humanity.
As Councillor Dennie Chapman pointed out in a recent Waterloo Region Record article regarding this
proposal, the city is reworking its downtown plan, and until the plan is finalized, a moratorium should be
put in place on any further development in the core. The city's density goals have been met, so there is
no need to rush development projects until a new plan is put in place.
I am opposed to this development. This city is in crisis. We have tripled the homeless rate. There is an
eight year waiting list for accessible housing. Truly affordable housing is nonexistent. Our city is
becoming more abrasive, and less welcoming. This proposal is another opportunistic money grab that is
contributing to the erosion of our once caring community.
Please, a moratorium is necessary on all proposals at this time. We must wait until we have an
intelligent, inclusive, comprehensive plan put in place for the city of Kitchener.
Sincerely,
Sue Savor
Sue Savor
July 12, 2023
Dear Ms. Anderl,
I am unable to attend the NIM for this development proposal.
Please accept this email as my submission for feedback on this project.
Page 238 of 399
This development looks identical to practically every tower in Kitchener. It is environmentally regressive
with its floor to ceiling windows, lack of meaningful green space, and shadow casting on neighbouring
buildings.
It's height, as has been pointed out in numerous studies is psychologically damaging to people. It
alienates and isolates people from one another. It contributes to depression, loneliness, and poor
physical health.
We can achieve more housing with better proposals and better planning than this. There are boarded up
schools, abandoned houses, brownfields, and suburban areas that can accommodate buildings with
fewer floors that result in healthy communities where people know their neighbours.
All buildings should be required to meet better environmentally forward designs. The ubiquitous floor to
ceiling window design means the air conditioning is on all summer, and the heat is on all winter. The
design itself is unimaginative, generic, and does not reinforce a sense of place in any way. This has a
deadening effect on its inhabitants and the people who have to walk by it.
The inflated price of land has led developers to justify the increased height of their designs, claiming that
they cannot make a profit otherwise. This predicament was created largely by the developers, investors,
and speculators themselves. I would counter with the suggestion that it's not that they cannot make a
profit, but rather that they cannot make as much profit for their investors.
We are living through an era of extreme greed and desperate poverty. We have financialized housing.
This development proposal does nothing to offer a meaningful contribution toward the community we
critically need.
The system of artificial demand created by speculators and investors has wreaked a depressing amount
of damage on our city. This building proposal does nothing more than add to the mess we are making.
I cannot support this proposal.
Sue Savor
Page 239 of 399
Seth Wynes
May 8/22
Dear Ms Anderl,
I am writing to you in support of the new development on 130 Victoria St. S. I actually live --------------------
---------- and am very excited by many features of the new building. First I am happy for more housing to
be created during an affordability crisis, but I also am happy for there to be more businesses in my local
area. Hopefully it will make the neighbourhood more walkable!
I'm also pleased to see that there are only 50 parking spaces allocated for the building. I live -----------------
so I know that it is a short walk to the LRT station and a short bike ride to the iron horse trail. During a
climate crisis it doesn't make sense to build more car infrastructure.
My one concern is the suggested plan to widen Victoria St for an addition left hand turn lane. If anything,
my neighbours and I have found the traffic already dangerously fast on this street. Perhaps it is time to
consider the pedestrians who live in the towers at Victoria St and already have no safe way to cross
Victoria. If any changes to Victoria St are needed because of this plan it would be traffic calming and a
pedestrian crosswalk between Bramm and Joseph.
Thank you so much for taking the time to consider my response!
Warm regards,
Seth Wynes
Resident of Victoria St. S, Ward 9
Gwen Wheeler
May 16/22
Response to the Development Proposal for 130 —142 Victoria Street South
Submitted to Katie Anderl, Senior Planner
City of Kitchener
It is disheartening to review another proposal for a development that far exceeds the current zoning and
falls short of many of the urban design policies set out in the city's Official Plan. This is the second
proposal that fails to recognize that Victoria Street South is situated in two established neighbourhoods —
Cherry Park and the historic neighbourhood of Victoria Park. Instead, the developer recognizes only the
very recent development to the east of 130 —142 Victoria. While the proposal is similar to the Garment
Street Condos, as the developer notes, it is not in keeping with the existing neighbourhood. Developers
Page 240 of 399
attempt to make the case that the Victoria Street towers are not adjacent to the residential streets, but
the City of Kitchener Official Plan definition of adjacency includes separation by a road:
City of Kitchener Official Plan - A Complete & Healthy Kitchener
Adjacent - lands, buildings and/or structures that are contiguous or that are directly opposite to
other lands, buildings and/or structures, separated only by a laneway, municipal road or other
right-of-way (A-1)
Here is an opportunity for the city planners to work with the developers to achieve a better urban design
for the neighbourhood.
There is a growing concern that the urban design of the City of Kitchener is moving in the wrong
direction. In February of this year the Waterloo Regional Record published an editorial called for city
council to stick to the height levels set down in their own planning regulations so existing residential
neighbourhoods aren't overwhelmed by the sheer scale of new builds
It has also become clear that intensification along Victoria Street in not solving the problem of affordable
housing. In February of this year, the Waterloo Region Record also published an article by Dawn
Cassandra Parker (Larger builds lead to less -livable cities) in which she explained: Investors smell
upzoning like sharks smell blood in the water, with similar responses. Expectations for approval of high
density builds drive land prices too high for cheaper lowrise high-density builds to be economically viable.
When city planners endorse an increase in FSR like the one being proposed for this development land
prices go up. Parker goes on to say Dismantling urban design protections such as setbacks, stepbacks and
shadowing guidelines is a terrible idea. While it may result in larger builds, it won't result in more viable
cities.
Page 241 of 399
More recently (May 4t" 2022) the Waterloo Region Record published an editorial about the issue of
intensification with the heading Kitchener must rethink core values. The editors characterize this specific
proposal as one that wouldn't just tinker with the city's zoning regulations it would run over them with a
bulldozer.
The need for housing is pressing and this proposal is compelling in that respect. But this project exploits
that need. The Kitchener Growth Management Strategy 2021 Annual Monitoring Report shows that the
city is on target to meet residential and employment growth targets. Notably, the number of residents
and jobs per hectare in the Urban Growth Centre is 212 RJs/ha, surpassing the provincially mandated
target of 200RJs/ha by 2031. In addition, the City's current intensification level of 67% exceeds the
Regional intensification target and existing land use and density policies support future intensification
practices. That is, a development with a floor space ratio of 13 is not needed to address the
intensification goals of the city.
I am not unhappy with the fagade design of this development. However, the developments along
Victoria Street have failed to make provisions for mail, food or parcel deliveries, as currently delivery
trucks stop on Victoria street in the curb lane resulting in traffic backups. This should be addressed with
better design in all future developments.
Great mid -rise buildings are a vital component to any well-designed city. They are the bonding
agent that links together downtowns with central neighbourhoods and intensification areas with
low-rise communities. They create and reinforce the urban fabric in ways that make a city feel
seamless, contiguous and crafted to the scale of the human experience. City of Kitchener Urban
Design Manual.
My primary concerns are:
• a tower with a life -cycle carbon footprint that contributes to the climate emergency,
• lack of family size units and too many small units (studio and one bedroom),
• an inappropriate number of parking spaces that will adversely impact adjacent properties
especially the streets in the Victoria Park neighbourhood,
Page 242 of 399
• cumulative shadow impact on the residential streets to the south of the Victoria Street towers
(note: the justification report refers to the Shadow Studies for the City of Waterloo on page 48),
• incompatible scale with the established neighbourhoods,
• the assumption made in section 5.5 of the Justification Report that the development will
contribute to the vibrancy of the neighbourhood and nearby green spaces,
• reductions in setbacks that thwart any possibility for green space especially in the case of the
rear yard,
• lack of attention to a streetscape strategy for Victoria Street,
• overuse of black coloured building materials.
It is important for city planners to ensure that this development meets the following policies in order to
achieve the vibrant city that city staff and councillors so often promise:
The Official Plan — Section 4 Housing
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required
to facilitate residential intensification or a redevelopment of lands, the overall impact of the special
zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure,
that:
a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in
massing and scale and are compatible with the built form and the community character of the
established neighbourhood.
4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be
designed to respect existing character. A high degree of sensitivity to surrounding context is important in
considering compatibility
Official Plan — Section 11 Urban Design — Neighbourhood design
11.C.1.30 The City will, through the Site Plan Control process:
d) provide landscaping which enhances each building or project as well as streetscape;
11.C.1.31. The City will ensure new buildings are designed, existing buildings are redeveloped, expanded,
converted or renovated to enhance pedestrian usability, respect and reinforce human scale, create
attractive streetscapes and contribute to a rich and vibrant urban places
Official Plan — Section 15 Land Use Policies — Urban Growth Centre — Preamble
Page 243 of 399
Downtown should have green, pedestrian -friendly streets...
Official Plan — Section 15 Land Use Policies — Urban Growth Centre —Streetscape
15.D.2.32 Where new development or redevelopment is proposed between two land use districts or
between a land use district and a central neighbourhood, the scale and massing of both sides of the
street should be coordinated to provide a uniform streetscape and pedestrian experience.
Official Plan Section 15 — Mixed Use — Land Use Objectives
15.4 6 To ensure uses, built form and building design are compatible with surrounding low rise
neighbourhoods and are pedestrian -oriented and human -scale in order to positively contribute to the
public realm.
Urban Design Manual- City Wide Design — Age and Family Friendly Design
All development in Kitchener should be designed as age and family friendly
Urban Design Manual- City Wide Design — Design for Sustainability
Provide street trees along all streets with sufficient soil volume to ensure healthy, mature canopy.
Create complete communities that include mixed densities and an affordable housing option for people
of all ages and socioeconomic status
Urban Design Manual- City Wide Design — Street Design
Provide street trees with the goal of creating a continuous mature tree canopy wherever possible.
Design the public realm to be human -scaled, varied, visually appealing and landscaped.
Urban Design Manual- City Wide Design -Compatibility Scale and Transition
Provide transitions in mass, height and density between areas of different scales and densities in order to
mitigate potential impacts and preserve compatibility.
Urban Design Manual- City Wide Design — Site Design — Landscaping
Provide landscape areas between the buildings and the sidewalk with plant beds, planters, trees, street
furniture and walkways to the public sidewalk
Urban Design Manual — Major Transit Station Areas — Community Design- Inclusive design, Age and
Family Friendly Design
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Residential or mixed-use buildings are to consider unit design and amenity spaces which are appropriate
for seniors and families, including storage options, play areas, seating options, etc.
Urban Design Manual — Major Transit Station Areas — Compatibility — Scale and Transition
Higher density development adjacent to established neighbourhood areas is to provide a suitable
transition in scale, massing, building height, building length and intensity through setbacks, stepbacks,
landscaping and compatible architectural design/material selection.
Provide a mix of building types and sizes, concentration height and density closest to the LRT stops.
Transition in height, density and mass between the station stop and low-rise established neighbourhoods
to preserve, compatibility, privacy and access to sunlight.
Urban Design Manual — Design for Tall Buildings — Public Realm — Streetscape
Provide a high-quality, sustainable streetscape and landscape design
Urban Design Manual — Design for Tall Buildings — Public Realm — Compatibility
Implement Setbacks
Tall buildings should not interrupt or impose upon an existing or planned neighbourhood character or
the public realm.
Please consider the need for intensification equally with other city priorities such as tree canopy,
equitable access to greenspaces, affordable housing, family friendly housing and vibrant streetscapes.
Gwen Wheeler
------------------------------------
Kitchener, Ontario
Gwen Wheeler
July 19/23
Hello Katie,
I attended last night's information session on 130 Victoria. At this point I feel the developers are
listening to the concerns of residents. Here are a few things I heard that I feel need to be addressed.
Generally, the process seems flawed in that the developer could receive approval for significant zoning
amendments without designing to the most stringent sustainability standards. Several times it was
mentioned that it is too early in the process. This is not reassuring. I asked about the contribution of the
Page 245 of 399
Page 246 of 399
colour of the building materials on the heat island effect and I just don't believe the answer that the
colour of cladding is insignificant. City planners should correct this misinformation when such a claim is
made at a meeting.
I also don't agree that a development close to the LRT and dense is sustainable and climate friendly.
This position total ignores the carbon cost of construction. The city planners should be assessing the
whole -life cost of a development. We are in a climate emergency and the construction sector is
responsible for a significant impact on the environment yet city planners seem unconcerned and absent
from the conversation.
I was glad to see Lenore Ross at the meeting and hopeful that she will ensure that the streetscape is
better than what we have been given todate by developers. Again city planners seem to be incapable of
delivering acceptable streetscapes. Beautiful should be the goal.
Such a big deal was made of a triangular canopy on the outdoor amenity space. I can't understand why
that was deemed such a significant design feature when no one will see it. There is insufficient outdoor
amenity space and this is a result of zero setbacks from the property line. As trees, greenspace and parks
disappear in the city center, setbacks are the solution. This is especially true for developments that
make no cash contribution to parks provision.
And finally, please stop using the skyline as a reason to endorse a building that exceeds zoning. Who
benefits from a skyline? People on the ground don't see it and people living in the neighbourhood see
tall buildings which block the sky.
The skyline was mentioned in response to a question about why buildings farther from the LRT stations
are getting taller. (This was the case with the 146 Victoria development) The guideline which states that
buildings should be shorter further from the LRT stations should not be disregarded by city planners. As
the sign says Stick with the Plan.
I'm sorry to be so harsh but the urban design that is emerging along Victoria streets will shape the city
for decades and you will not be able to correct the mistakes you have made. My intention is to see
something better.
Gwen Wheeler
Mario Chilanski
May 20/22
Good morning,
Page 246 of 399
Page 247 of 399
I would like to be included in updates and appropriate meeting, regarding the development proposed for
130 Victoria St S. Among my concerns is the practicality of the proposed Bicycle storage facilities.
Best regards,
Mario Chilanski
Zehr Group
May 25/22
No comment — please keep informed.
Page 247 of 399
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Page 248 of 399
May 20, 2022
Katie Anderl
Senior Planner
City of Kitchener
PO Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Anderl,
I am writing on behalf of the Victoria Park Neighbourhood Association (VPNA) Development Committee
in response to the proposed development at 130-142 Victoria Street South. Although this development
is located in the Cherry Park Neighbourhood, Victoria Park residents live directly across the street and
will be affected, as will others living and working in the downtown area. Our Development Committee's
purpose is to advocate for sustainable and livable development in and around Victoria Park. Our four
priorities for development, are to:
• Provide a supply of affordable homes;'
• Balance green spaces with development;
• Develop with climate change in mind;
• Include the community as an integral part of the development process.
We would like to stress that most downtown residents welcome and understand the need for, and
benefits of, urban intensification. We prefer to see our surrounding farmland and wildlife habitats
preserved, rather than disappear under urban sprawl. What we need is a more diverse approach to
intensification, and a healthy mix of housing options that will continue to accommodate people from a
different range of backgrounds, incomes, and family compositions.
We have reviewed the supporting documents related to the developer's application and would like to
share the following comments and recommendations related to our priorities.
Affordability — The developer does not note any plans to provide affordable housing. Kitchener is
experiencing a serious housing crisis for people in low to moderate income brackets. A duplexed house
and small apartment building, currently providing affordable housing to approximately 20 low income
' Housing for All: a blueprint for a more caring community, December 2020, is the City of Kitchener's
comprehensive strategy to realize the right to housing and make housing affordable using the tools and
resources available to a local municipality. In defining affordability, it calls for the following:
• 450 Supportive Housing and 5,000 Community Housing units for those whose household incomes
range from $23,314 to $37,266 and $37,267 to $49,932;
• 9,000 Affordable Rental Housing units for those whose household incomes range from $49,933 to
$63,263;
• Affordable Home Ownership for those households earning $63,262 to $77,566.
Page 249 of 399
households will be demolished to make way for the new development. Where will these people find
housing they can afford on social assistance or minimum wage?
Recommendations:
• that the developer provides 10 % of his units, whether rental or owned, at affordable rates, as
defined in Kitchener's recent report "Housing for All";
• that there should be a portion of units that include 3 bedrooms for larger households.
Green Spaces — The recently released Spaces Report shows 6 of 9 downtown neighbourhoods in need of
park space, based on previous census data. Given the recent high rate of population increase in the
downtown core, with more people living in high rises with no green space, the need to create more
downtown parks and insist that developers contribute to livability has never been more urgent.
Recommendations:
• that the developer not be exempt from contributing to green space through cash -in -lieu, and should
be charged according to the rates defined by the City of Kitchener;
• to improve walkability along Victoria Street, that the developer step back the building by enough
space (at least 2 metres), to allow space for a ribbon of green space (including, for example, easy -to -
keep perennials and pollinator plants) and sufficient room for trees to be planted and thrive.
Climate Change— In 2019, the City of Kitchenerjoined all other Region of Waterloo municipalities in
declaring a climate emergency. It is incumbent on all new developments to maximize ways of protecting
the environment and minimizing their green house gas emissions.
Little is said about the developer's specific plans to conserve energy and water, other than to note that
an Energy Strategy Report has been done and that the developer will explore ways to maximize ways of
achieving higher levels of energy and carbon performance. We are eager to know what those will be.
More specifically, the developer notes that there will be 51 parking spaces for cars but doesn't mention
any plans for EV charging. In light of the rapid ramping up towards electric vehicles, this is a significant
oversight. He further notes 60 bicycle parking spaces will be provided in the garage. Given plans for
249 units, 51 car parking spaces, and the likelihood that more than one person in many units will have a
bicycle, substantially more bike parking is needed, including for visitors. As some tenants are likely to
want e -bikes, EV charging stations will be needed for these, as well as for cars.
Recommendations:
• that maximum efforts be made to construct all aspects of the building with climate change in mind,
including: energy sources, choices, and conservation; water conservation; rain water run-off and
heat mitigation; choice of building materials; bird die -off from collisions with tall building windows;
• that all car parking be equipped with EV charging stations;
• that storage for 200 bicycles be provided, including 20 EV charging stations; and that secure visitor
bicycle parking be provided;
Page 250 of 399
Community Engagement — During the pre -application stage, there is a great deal of discussion that
takes place between developers and planners, prior to any consultation with citizens. Both developers
and planners are understandably committed to a design that is already far advanced before citizens
have a say. It is our belief that it would be helpful to all — developers, planners, and citizens — if the
community were engaged earlier in the process.
Recommendation:
• that a Citizens' Engagement Committee be formed, composed of residents from affected
neighbourhoods, including Victoria Park, the developers' representatives, and City Planners, to
ensure ongoing consultation and communication throughout the development process.
We are committed to a positive and collaborative approach to development in our neighbourhood. We
want to work with developers, city staff, and other neighbourhoods to continue to make our City a
healthy, vibrant, and inclusive place to live.
We would like to be informed of all opportunities to contribute to this development process. Thank you
for your consideration of our comments and recommendations; we look forward to hearing you.
Sincerely yours,
Peggy Nickels
Peggy Nickels, Chair
VPNA Development Subcommittee
c/o Victoria Park Neighbourhood Association
Downtown Community Centre
35B Weber Street West
Kitchener, ON
CC Councillor Debbie Chapman, City of Kitchener, Debbie.chapman@kitchener.ca
Members of the Victoria Park Neighbourhood Association Development Committee
Page 251 of 399
Final
Addendum to Urban Design Brief
dated December 23, 2021
130-142 Victoria Street South,
Kitchener
Official Plan and Zoning By -Law Amendment Applications:
OPA22/004/V/KA & ZBA22/006/V/KA
Prepared for 1936026 Ontario Inc.
ARCADIS by Arcadis Professional Services (Canada) Inc.
June 14. 2023
Page 252 of 399
ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
Document Control Page
CLIENT:
Regional Municipality of Waterloo
PROJECT NAME:
130 Victoria Street South
REPORT TITLE:
Addendum to Urban Design Brief dated December 23, 2021
130-142 Victoria Street South, Kitchener
IBI REFERENCE:
132380
VERSION:
1
DIGITAL MASTER:
https://ibigroup.sharepoint.com/sites/Projectsl/132380/1nternal
Documents/6.0_Tech nical/6.17_Planning/03_ Tech- Reports/PTR_UDB-Addend um_130-
142VictoriaStS.docx\2023-06-14\B W
ORIGINATOR:
Christian Tsimenidis
REVIEWER:
Victor Labreche, Betty White
AUTHORIZATION:
Victor Labreche
CIRCULATION LIST:
HISTORY:
June 14, 2023 Page 253 of 399
ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
Table of Contents
1 Introduction.........................................................................................................................1
2 Overview of Development Concept..................................................................................1
2.1 Site Plan...................................................................................................................2
2.2 Elevations and Renderings......................................................................................3
2.2.1 Victoria Street (South) Fagade....................................................................4
2.2.2 North Fagade..............................................................................................5
2.2.3 West Fagade...............................................................................................6
2.2.4 Bramm Street (East) Fagade......................................................................7
2.2.5 3D Renderings............................................................................................8
3 Response to City and Agency Comments.......................................................................9
3.1 City of Kitchener — Urban Design............................................................................9
3.2 City of Kitchener - Parks and Cemeteries..............................................................11
4 Conclusion........................................................................................................................14
Table of Figures
Figure 1: Site Plan prepared by CORE Architects Inc........................................................3
Figure 2: Proposed South Elevation Plan prepared by CORE Architects Inc ....................
4
Figure 3: Proposed North Elevation Plan prepared by CORE Architects Inc .....................
5
Figure 4: Proposed West Elevation Plan prepared by CORE Architects Inc .....................
6
Figure 5: Proposed East Elevation Plan prepared by CORE Architects Inc ......................
7
Figure 6: Perspective View, Facing Northwest along Victoria Street South prepared by
Design Works Engineering Ltd..........................................................................
8
Figure 7: Perspective View, Facing Southwest along Victoria Street South prepared by
Design Works Engineering Ltd..........................................................................
8
Figure 8: Preliminary Landscape Plan prepared by STUDIO tla Landscape Architects ..
10
Figure 9: Amenity Plan prepared by STUDIO tla Landscape Architects ..........................
12
Figure 10: Precedent Image No. 1 of Outdoor Amenity Space ........................................
13
Figure 11: Precedent Image No. 2 of Outdoor Amenity Space ........................................
13
Page 254 of 399
ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
Introduction
On behalf of our client, 1936026 Ontario Inc., we are submitting this addendum to the Urban
Design Brief, dated December 23, 2021, and submitted to the City as part of the Official Plan
Amendment and Zoning By -Law Amendment applications (OPA22/004/V/KA &
ZBA22/006/V/KA) on subject lands municipally known as 130-142 Victoria Street South,
Kitchener.
Comments were received from City Staff on June 9, 2022. After several meetings with City staff
regarding revisions to the proposed development, the City provided updated comments on
January 31, 2023. This addendum intends to address comments provided by City Staff
specifically related to Urban Design matters. Please also refer to the "Comment Matrix"
document prepared and submitted by Arcadis, which outlines how the applicant has addressed
the City's comments pertaining to urban design.
2 Overview of Development Concept
Our client is proposing to develop the subject lands to accommodate a 25 -storey, mixed-use
development consisting of 249 dwelling units, four (4) retail units on the ground floor, and office
space on the second floor. The proposed development will feature a six (6) storey podium and
18 -storey tower. The unit breakdown is as follows:
Unit Type
Count
Studio
61
One -Bedroom
79
One -Bedroom Plus Den
12
Two -Bedroom
28
Two -Bedroom Plus Den
44
Three -Bedroom
25
TOTAL:
249
The proposed development contemplates four (4) retail units on the ground floor. The retail units
range in size from approximately 109.0 sq.m. (1173.3 sq.ft) to 179.8 sq.m. (1935.4 sq.ft.), with
the largest unit facing Victoria Street South. The total gross floor area of retail space will be
574.5 sq.m. (6184 sq.ft.). The proposed retail units will have frontage along Victoria Street
South, as well as Bramm Street to the east in order to have direct access to both street fronts.
Office space is also being proposed on the second floor with frontage along Victoria Street
South. The total gross floor area of office space will be 575.9 sq.m. (6,200 sq. ft.). The Office
Space can be accessed from the lobby, utilizing the proposed elevator system or stairs.
The proposed development will have a six (6) storey podium that features outdoor amenity
space on the top for future residents. The proposed outdoor amenity space is approximately
191.96 sq. m. (2,066 sq.ft.) in size. The proposed outdoor amenity space will feature both soft
and hard landscaping, which is detailed in the Amenity Plan prepared by STUDIO tla Landscape
Architects. These features will provide additionally greenery and outdoor amenity space to the
development given the limited parcel size. From an architectural perspective, the exterior
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
amenity space will feature a canopy above the entrance/exit that is of similar design as the
existing canopy on 130 Victoria Street South (Victoria Wellness and Pharmacy).
The proposed development features two (2) levels of underground parking for a total of 27
spaces. Among the 27 parking spaces, there is one (1) Type A and two (2) Type B barrier -free
parking spaces. Underground parking will be accessed from Bramm Street. All of the 27 parking
spaces will be unbundled and dedicated to the residential component of the building. Parking will
be accessed from Bramm Street from the east side of the proposed building. The proposed
development does not contemplate surface parking, which is supported by the City of Kitchener
Official Plan which directs that the applicant reduce parking space demand in support of active
transportation and transit and potential redevelopment of surface parking lots especially in
intensification areas.
Secured bicycle parking is provided, as there will be 249 Class A bicycle parking spaces located
on-site. Of the bicycle parking provided, 95 spaces will be provided at -grade to the rear of the
site, and the remaining 154 spaces will be in the underground parking levels. In addition, a total
of 10 Class B bicycle parking spaces will be provided. Six (6) Class B spaces are dedicated to
the residential component, three (3) spaces are for the proposed Office use, and one (1) for the
retail use.
The proposed development features one (1) loading space to the rear of the building, as well as
two (2) temporary drop-off spaces for delivery and/or pickup services. The loading space and
temporary drop-off spaces can be accessed from private rear laneway. The private laneway is
currently owned by DOV Capital Corporation for the lands to the west (92-110 Park Street and
146-162 Victoria Street), however, a shared access easement is in place with the adjacent
owners. This laneway is owned by Innovations Developments Kitchener Limited and provides
access to Bramm Street.
In response to discussions with the Region of Waterloo and City of Kitchener staff, 5.0 metre x
5.0 metre daylight triangle is proposed at the corner of Victoria Street South/Bramm Street, as
well as a 3.0 metre x 3.0 metre daylight triangle at the corner of Bramm Street/laneway. The
proposed daylight triangles ensure the vision of individuals operating a motor vehicle,
pedestrians or cyclists is not obstructed as cars and pedestrians enter, leave or pass by the site.
The 5.0 metre daylight triangle has been applied to the grade -level of the development, while the
below grade parking structure extends into these areas.
2.1 Site Plan
Figure 1 below illustrates the updated Site Plan prepared by CORE Architects Inc. Please refer
to the Architectural Package prepared by CORE Architects Inc. for the complete version.
Page 256 o� 399
ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
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2.2 Elevations and Renderings
Figures 2 to 5 below provide updated Building Elevations prepared by CORE Architects Inc. from
various perspectives of the proposed development. The building massing, including heights,
setbacks and upper level step -backs has been proposed to compliment the adjacent
developments, and address the urban design principles for this area.
The 6 -storey podium has been designed to be a contemporary version of a brick masonry
warehouse building, except with an alternating brick pier pattern, but using the black-gridded
window patterns. The upper tower was designed to be a simple, modernist glass building, with
appropriate setbacks and balconies that pin -wheel around the floorplate to give a different look
for each elevation. The proposed podium will be predominantly brick, with accents of low gloss
black metal panels, and spandrel glass to provide a clear distinction between the podium and
tower. The proposed tower will be predominantly glass, with balconies and stepbacks to provide
additional depth to the tower.
3D Renderings of the proposed development were also prepared by Design Works Engineering
Ltd., which are shown in Figures 6 and 8. Please also refer to the Architectural Package
prepared by CORE Architects Inc. for the complete version of the Building Elevation Plans and
Renderings.
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
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Page 258 of 399
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Page 258 of 399
S2
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
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Page 259 0T 399
ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
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Page 260 0T 399
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
2.2.5 3D Renderings
Figure 6: Perspective View, Facing Northwest along Victoria Street South prepared by Design Works
Engineering Ltd.
Figure 7: Perspective View, Facing Southwest along Victoria Street South prepared by Design Works
Engineering Ltd.
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
3 Response to City and Agency Comments
As previously mentioned in this Report, the intent of this Addendum is to respond to and/or
address City, Agency and Public comments received to date. As such, the following section of
this Report provides a detailed response to the comments received.
3.1 City of Kitchener — Urban Design
City of Kitchener Urban Design staff requested that the following be updated in the Urban
Design Brief pertaining to the proposed development's architectural features and site design:
• Additional details to be provided for the pedestrian entrance, architectural style,
elements, detailing and material selection.
The residential lobby is now located at the corner of Victoria Street South and Bramm Street,
with the doorways addressing Victoria Street in order to provide a distinct entrance for residents
accessing the building. Retail units along the Victoria Street South frontage and Bramm Street
flankage will also feature canopies to provide a clear distinction between each unit. Signage and
Lighting to enhance the proposed entrances will be addressed during the Site Plan Approvals
stage.
The heritage building will not be preserved, as discussed with City Heritage staff and the
Heritage Consultant, but rather a photo of the heritage facade will be imprinted on the curtain
wall. The facade is not retained, and the glazing has a film application depicting the previous
building of 142 Victoria Street South. This will create a unique design element along the frontage
of Victoria Street South, similar to 161 King Street West, Kitchener.
Although building materials will be confirmed at the Site Plan Approval stage, the proposed
development will include a range of materials, including brick, metal panels, spandrel glass,
clear glass and visions glass. The proposed podium will be predominantly brick, with accents of
low gloss black metal panels, and spandrel glass to provide a clear distinction between the
podium and tower. The proposed tower will be predominantly glass, with balconies and
stepbacks to provide depth. A material sample board is provided in the Architectural Package
prepared by CORE Architects Inc.
• Details of the streetscape are to be provided. Any streetscape elements proposed
are to be reviewed and approved.
The applicant has prepared an updated preliminary Landscape/Streetscape and Amenity Plan
as part of this resubmission package. Based on the plans prepared and shown in Figure 8
below, the Victoria Street South frontage will include four (4) trees, as well as planters along the
side of the proposed podium. Similarly, Bramm Street will include planters along the flankage
and planter pots. Due to insufficient space along Bramm Street, the applicant cannot include
trees along this side of the proposed development. Two (2) benches are also proposed adjacent
to the building lobby.
It is our opinion that the proposed development will feature a streetscape that is attractive and
inviting for pedestrians. It is our opinion that the proposed soft and hard landscaping at -grade
will enhance both Victoria Street South and Bramm Street, creating a pedestrian -oriented
environment. Further design details pertaining to the Landscape/Streetscape and Amenity Plan
will be addressed at the Site Plan Approvals stage.
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ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
Figure 8: Preliminary Landscape Plan prepared by STUDIO tla Landscape Architects
• The property is located very close to the major transit station area, therefore the site
should be designed to prioritize people, pedestrians and cyclists.
It is our opinion that the proposed development is both transit and pedestrian -oriented for the
following reasons. The proposed development will feature four (4) at grade retail units that
address both Victoria Street South and Bramm Street, thus activating the street frontage and
fostering a connection between the public and private realm for pedestrians. The proposed
driveway access is also located along the Bramm Street frontage to minimize conflict along
Victoria Street South, which is a Regional Road with more traffic flow.
Secured bicycle parking is also provided, as there will be 249 Class A bicycle parking spaces
located on-site. Of the bicycle parking provided, 95 spaces will be provided at -grade to the rear
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
of the site, and the remaining 154 spaces will be in the underground parking levels. In addition, a
total of 10 Class B bicycle parking spaces will be provided. Six (6) Class B spaces are dedicated
to the residential component, three (3) spaces are for the proposed Office use, and one (1) for
the retail use. The proposed bicycle parking is intended to encourage both future residents and
occupants of the non-residential components to cycle as a means of transportation.
It is our opinion that the proposed development represents context -sensitive intensification within
an MTSA and the City of Kitchener's Urban Growth Centre boundary. As directed by the
Province, MTSAs support high-density, mixed-use development. Therefore, it is our opinion that
the applicant has achieved a transit and pedestrian -oriented development aligned with Provincial
plans and policies.
• The area between the building's face and the property line should be well integrated
with the street and public realm to deliver high-quality and seamless private,
semiprivate and public spaces.
As mentioned above, the proposed Preliminary Landscape Plan proposes a number of soft and
hard landscaping features between the buildings face and public realm. For example, planters
are proposed along the Victoria Street South frontage and Bramm Street flankage. Planter pots
and benches are also proposed to enhance the streetscape. Interlocking pedestrian pavers are
proposed along the perimeter of the site in order to provide an aesthetically pleasing walkway for
pedestrians. It is our opinion that these at -grade features will foster a strong relationship
between the public and private realm. Please refer to the Preliminary Landscape Plan prepared
by STUDIO tla Landscape Architects for reference.
• 3 -bed units are desirable as they provide more living space for families. A higher
percentage of these units might help with community engagement.
The proposed development now features 25 three-bedroom units (10% of total units), whereas
the original application proposed none. Further, the applicant has increased two-bedroom plus
den units to a total of 44 (17.6% of total units), whereas the original application proposed 13
(5.2%). Therefore, it is our opinion that the applicant has addressed the comment above, as the
proposed development can accommodate unit types that provide more living space for families.
3.2 City of Kitchener - Parks and Cemeteries
The City of Kitchener — Parks and Cemeteries staff requested that an update to the Urban
Design Brief include the following:
The Urban Design Brief indicates that there will be on-site amenity spaces provided
on the podium level but few details of the anticipated amenities have been provided.
It is understood that the detailed landscape design for the site is not complete at this
time but the Urban Design Brief should be updated to include a clear commitment to
providing a robust on-site outdoor amenity space with good solar access and
protection from wind and noise. The amenity space should include seating and play
equipment for residents of all ages and abilities. Precedent images should be
provided. The functionality, inclusivity and range of amenities in these private
spaces will be critical for the development and the noise assessment, pedestrian
wind and solar access assessments should be utilized as key factors in the detailed
design or the project.
As previously noted, the proposed development will have a six (6) storey podium that features
an outdoor amenity space on top for future residents. The proposed outdoor amenity space is
approximately 191.96 sq.m. (2,067 sq.ft.) in size, and will feature both soft and hard
landscaping, which is detailed in the Amenity Plan prepared by STUDIO tla Landscape
Architects. The outdoor amenity space will feature hedges, vine planting, and two (2) ornamental
Page 265 & 399
ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
trees. These features will provide additional greenery to the development given the limited parcel
size.
The proposed outdoor amenity space will feature lounge seating throughout, a dining area with a
barbeque station, as well as a fireplace. Windscreens are also proposed in order to mitigate any
adverse impacts from the wind. From an architectural perspective, the exterior amenity space
will also feature a canopy above the entrance/exit that is of similar design as the existing canopy
on 130 Victoria Street South (Victoria Wellness and Pharmacy). The proposed outdoor amenity
space is also adjacent to the indoor amenity space on Level 7, thus providing a seamless
transition between the indoor and outdoor amenity space for residents.
It is our opinion that the proposed outdoor amenity space provides adequate programming for
future residents, creating a comfortable space on top of the proposed podium. It is our opinion
that the proposed outdoor amenity space will encourage social gatherings among residents, as
ample space for seating, a dining area and barbeque station is provided. Due to the limited
space, the applicant is not proposing a play equipment. The site is located within walking
distance of green space, including Victoria Park and Cherry Park.
Figure 9 below provides an illustration of the Amenity Plan prepared by STUDIO tla Landscape
Architects.
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Figures 10 and 11 below provide precedent images of the proposed outdoor amenity space. As
shown below, the proposed outdoor amenity space will feature similar seating arrangements
and plantings to create an inviting environment for future residents. Please note that details
pertaining to the programming of the outdoor amenity space will be confirmed during the Site
Plan Application stage.
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
Figure 10: Precedent Image No. 1 of Outdoor Amenity Space
Figure 11: Precedent Image No. 2 of Outdoor Amenity Space
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ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL
ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021
130-142 VICTORIA STREET SOUTH, KITCHENER
Prepared for 1936026 Ontario Inc.
4 Conclusion
The purpose of this Addendum was to address the City and Agency comments pertaining to the
original Urban Design Brief dated December 23, 2021. The intent of this OPA/ZBA
Resubmission is to support City Staff's preparation of the Recommendation Report and
scheduling of the City Council Meeting for a decision. It is our opinion that this Addendum
appropriately addresses all City and Agency comments pertaining to urban design.
Should you have any questions about the contents of this Addendum or should you wish to
discuss, please do not hesitate to contact the undersigned.
Sincerely,
ARCADIS PROFESSIONAL SERVICES (CANADA) INC.
Christian Tsimenidis, BES Victor Labreche, MCIP, RPP
Urban Planner Associate Principal — Practice Lead, Planning
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I hereby certify that this Addendum Urban Design Brief was prepared under
the supervision of a Registered Professional Planner, within the meaning of
the Ontario Professional Planner's Institute Act, 1994.
June 14, 2023 �/ V
Date Victor Labreche, MCIP, RPP
https://i bigroup.sharepoint.com/sites/Projectsl/132380/Internal Documents/6.0_Tech nical/6.17_Planning/03_Tech-Reports/PTR_UDB-Addendum_130-
142VictoriaStS.docx\2023-06-14\B W
Page 268 df 399
Attachment "B" — Proposed Zoning By-law Amendment
PROPOSED BY — LAW
,2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, and By-law
2019-051, as amended, known as the Zoning By-laws for the City
of Kitchener
- 1232119 Ontario Inc. and 1936026 Ontario Inc.
— 130 - 142 Victoria Street South
WHEREAS it is deemed expedient to amend By-law 85-1 and By-law 2019-051 for the lands
specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 73 of Appendix "A" to By-law Number 85-1 is hereby amended by removing
therefrom the lands specified and illustrated as Areas 1 and 2 on Map No. 1 attached hereto.
2. Schedule Number 73 of Appendix "A" to By-law Number 85-1 is hereby further amended by
removing the zone boundaries as shown on Map No. 1 attached hereto.
3. Zoning Grid Schedule Number 73 of Appendix "A" to By-law Number 2019-051 is hereby
amended by adding thereto the lands specified and illustrated as Areas 1 and 2 on Map No. 1
attached hereto, and by zoning the lands specified and illustrated as Areas 1 and 2 lands
thereafter as Mixed -Use Three Zone (MIX -3) with Site Specific Provision 374 and Holding
Provision 50.
4. Zoning Grid Schedule Number 73 of Appendix "A" to By-law Number 2019-051 is hereby
further amended by incorporating additional zone boundaries as shown on Map No. 1
attached hereto.
5. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (374) thereto as
follows:
Page 269 of 399
Attachment "B" — Proposed Zoning By-law Amendment
"374. Notwithstanding Tables 5-5 and 8-2 of this By-law within the lands zoned MIX -3 and
shown as affected by this subsection on Zoning Grid Schedule Number 73 of
Appendix `A', the following special regulations shall apply:
a) the minimum setback to Bramm Street shall be:
2.75 metres for the ground floor
ii. 0.0 metres for floors above the ground floor
b) the minimum setback to Victoria Street South shall be 0 metres.
c) the minimum interior side yard setback shall be:
i. 0 metres for any part of the building not exceeding 11 metres in height
ii. 4.0 metres for any part of the building exceeding 11 metres in height.
d) the minimum rear yard setback shall be 0 metres.
e) the minimum street line stepback from Bramm Street shall be 2.5 metres.
f) the maximum building height shall be 80.0 metres.
g) the maximum floor space ratio shall be 13.7.
h) the minimum amount of non-residential gross floor area shall be 5%.
i) parking and bicycle parking shall be provided in accordance with the required
rates as provided for UGC Zones in Table 5-5.
j) geothermal wells are prohibited on site. A geothermal well is a well defined as a
vertical well, borehole or pipe installation used for geothermal systems, ground -
source heat pump systems, geo-exchange systems or earth energy systems for
heating or cooling; including open -loop and closed-loop vertical borehole
systems. A geothermal well does not include a horizontal system where
construction or excavation occurs to depths less than five metres unless the
protective geologic layers overlaying a vulnerable aquifer have been removed
through construction or excavation."
6. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (50) thereto
as follows:
"(50). Notwithstanding Section 8 of this By-law within the lands zoned MIX -3 and shown as
being affected by this subsection on Zoning Grid Schedule Number 73 of Appendix
"A
a) No residential use shall be permitted until a Record of Site Condition (RSC) has
been filed on the Ministry of Environment, Conservation and Parks (MECP)
Page 270 of 399
Attachment "B" — Proposed Zoning By-law Amendment
Environmental Site Registry in accordance with O. Reg. 153/04, as amended.
This Holding Provision shall not be removed until the Regional Municipality of
Waterloo is in receipt of a letter from the Ministry of the Environment,
Conservation and Parks (MECP) advising that a Record of Site Condition has
been filed.
b) no residential redevelopment shall be permitted until such time as a detailed
stationary noise study has been completed and implementation measures
addressed to the satisfaction of the Regional Municipality of Waterloo. The
detailed stationary noise study shall review the potential impacts of the
development on itself (e.g. HVAC system on the sensitive points of reception) and
the impact of the development on the adjacent sensitive land uses.
c) no residential redevelopment shall be permitted until such time as the City is in
receipt of correspondence from CN indicating that an updated noise and vibration
assessment report has been completed to their satisfaction, and at the sole
discretion of CN, that a CN Agreement has been entered into, environmental
easement for operational noise and vibration emissions has been granted, and a
restrictive covenant regarding implementation and maintenance of noise isolation
measures has been registered, as may be required by CN."
7. This By-law shall become effective only if Official Plan Amendment No. _ (130 - 142 Victoria
Street South) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990,
c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of
'2023.
Mayor
Clerk
Page 271 of 399