HomeMy WebLinkAboutDSD-2023-322 - Official Plan Amendment OPA23/012/W/CD - Zoning By-law Amendment ZBA23/022/W/CD - 83-87 Weber Street East - Brigade Holdings CorporationStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: October 2, 2023
SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext.
7319
PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 10
DATE OF REPORT:
REPORT NO.:
September 1, 2023
DSD -2023-322
SUBJECT: Official Plan Amendment Application OPA23/012/W/CD
Zoning By-law Amendment Application ZBA23/022/W/CD
Address: 83-87 Weber Street East
Owner: Brigade Holdings Corporation
RECOMMENDATION:
That Official Plan Amendment Application OPA/23/012/W/CD for Brigade Holdings
Corporation requesting a land use designation change from `Market District' to
`Market District with Specific Policy Area 9' 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 -2023-322 as
Appendix `A', and accordingly forwarded to the Region of Waterloo for approval;
and
That Zoning By-law Amendment Application ZBA23/022/W/CD for Brigade Holdings
Corporation be approved in the form shown in the `Proposed By-law', and `Map No.
1', attached to Report DSD -2023-299 as Appendix `B'.
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 property located at 83-87 Weber Street East. It is Planning staff's
recommendation that the Official Plan and Zoning By-law Amendment applications be
approved.
Community engagement included:
o circulation of a preliminary notice letter to property owners and residents
within 240 metres of the subject site;
*** 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 installation of three large billboards notice sign on the property (one facing
each street);
o follow up one-on-one correspondence with members of the public;
o Neighbourhood Meeting held on August 3, 2023;
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;
o notice of the public meeting was published in The Record on September 8,
2023.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
Planning staff is recommending approval of the requested Official Plan Amendment to add
Specific Policy Area 9 to Map 4 and Policy 15.D.2.72 to the text in the Official Plan to allow
for an increased Floor Space Ratio (FSR) of 14. Planning Staff is recommending approval
of the requested Zoning By-law Amendment application to change the zoning from
`Commercial Residential Zone (D-5)' to `Commercial Residential Zone (D-5) with Special
Regulation Provision 805R' in Zoning By-law 85-1 to allow for an increased Floor Space
Ratio (FSR); to regulate building setbacks; and to regulate parking and bicycle parking
requirements and to apply a Holding Provision 11 OH to require an updated Urban Design
Brief, and an updated Noise Study. Staff recommends that the applications be approved.
BACKGROUND:
Brigade Holdings Corporation 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 83-87 Weber Street East to permit the lands to be
developed with a 25 -storey mixed use development with 336 residential dwelling units and
three ground floor commercial units and 14 parking spaces located internal to the building.
The lands are located within the Urban Growth Centre, designated `Market District' in the
City of Kitchener Official Plan (2014) and are zoned as `Commercial Residential Zone (D-
5)' in Zoning By-law 85-1.
Existing Commercial Residential Zone (D-5) zoning permissions include:
• Commercial and residential uses;
• Maximum Floor Space Ratio (FSR) of 4.5 (3.0 for residential and 1.5 for all other
uses);
• Rear yard setback of 3.0 metres; and
• Minimum front yard setback of 3.0 metres.
Site Context
The subject lands include the consolidation of two properties, municipally known as 83 and
87 Weber Street East, which are situated within the City of Kitchener's Downtown. The
subject lands are located at the southwest side of the Weber Street East near the
intersection of Weber Street East and Scott Street. The consolidated property has a lot
area of 0.20 hectares (0.49 acres) with 52 metres of frontage along Weber Street East.
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The surrounding neighbourhood consists of a variety of uses including high rise mixed-
use, commercial, buildings, medium rise and low rise residential, institutional and office
buildings. 83 Weber Street East is currently developed with a 2 -storey mixed use building
with 2 ground floor commercial units and a residential dwelling unit located on the upper
floor, while 87 Weber Street East is currently developed with a 2 -storey multiple dwelling
building. In total, there are 4 residential dwelling units within the existing multiple dwelling
at 87 Weber Street East, 3 that are currently rented to tenants at market rate while 1
dwelling unit is vacant and requires extensive renovations. The owner has several other
rental properties in the City of Kitchener and staff have been advised that the Owner has
committed to arranging for relocation of the existing tenants to new market rate units and
will be assisting and supporting in the relocation efforts.
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Figure 1 — Location Map: 83-87 Weber Street East
REPORT:
The applicant is proposing to develop the subject lands with a 25 -storey mixed use
development with a proposed Floor Space Ratio (FSR) 14. The proposed development
includes one building with an 18 storey tower on top of a 7 -storey podium, for a total height
of 25 storeys. The high rise mixed use building proposes a total of 336 residential dwelling
units with 14 parking spaces located internal to the building. Four hundred and eight (408)
Class A (secured indoor) bicycle parking spaces are proposed along with 6 Class B visitor
bicycle spaces. Vehicular access, three (3) ground floor commercial units and the
building's lobby are proposed at grade along Weber Street East.
Page 18 of 93
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Figure 1 — Location Map: 83-87 Weber Street East
REPORT:
The applicant is proposing to develop the subject lands with a 25 -storey mixed use
development with a proposed Floor Space Ratio (FSR) 14. The proposed development
includes one building with an 18 storey tower on top of a 7 -storey podium, for a total height
of 25 storeys. The high rise mixed use building proposes a total of 336 residential dwelling
units with 14 parking spaces located internal to the building. Four hundred and eight (408)
Class A (secured indoor) bicycle parking spaces are proposed along with 6 Class B visitor
bicycle spaces. Vehicular access, three (3) ground floor commercial units and the
building's lobby are proposed at grade along Weber Street East.
Page 18 of 93
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Figure 1 — Location Map: 83-87 Weber Street East
REPORT:
The applicant is proposing to develop the subject lands with a 25 -storey mixed use
development with a proposed Floor Space Ratio (FSR) 14. The proposed development
includes one building with an 18 storey tower on top of a 7 -storey podium, for a total height
of 25 storeys. The high rise mixed use building proposes a total of 336 residential dwelling
units with 14 parking spaces located internal to the building. Four hundred and eight (408)
Class A (secured indoor) bicycle parking spaces are proposed along with 6 Class B visitor
bicycle spaces. Vehicular access, three (3) ground floor commercial units and the
building's lobby are proposed at grade along Weber Street East.
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Table 1 below highlights the development concept statistics while Figures 2 and 3 show
the proposed development concept site plan and building elevations of the development
proposal.
Table 1. Proposed Development Concept Statistics
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Development Concept
Number of Units
336 residential dwelling units, 3 ground floor commercial
units
Parking Spaces
14 parking spaces
Total Building Height
25 storeys
Class A (indoor secured)
Bicycle Parking
Minimum of 1 per unit (408 provided)
Class B (outdoor visitor)
Bicycle Parking
6
Floor Space Ratio
14
Unit Types
241 — One Bedroom Units
68 - Two Bedroom units
27 - Three Bedroom Units
Page 19 of 93
Figure 2 — Development Concept Site Plan
Page 20 of 93
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Page 20 of 93
Figure 3 — Proposed Building Rendering: Front elevation along Weber Street East
To facilitate the redevelopment of 83-87 Weber Street East with the proposed
development concept, an Official Plan Amendment and a Zoning By-law Amendment are
required to change the land use designation and zoning of the subject lands as the
existing Official Plan policies only permit a maximum Floor Space Ratio of 3.0 and the
zoning only permits a maximum Floor Space Ratio (FSR) of 4.5. The lands are currently
designated `Market District' (Map 4, Urban Growth Centre) in the City of Kitchener Official
Plan (2014) and zoned `Commercial Residential Zone (D-5)' in Zoning By-law 85-1.
The owner is proposing to add Specific Policy Area 9 to Map 4 and Policy 15.D.2.72 to the
text in the Official Plan to allow for an increased Floor Space Ratio (FSR) of 14 and
requesting to change the zoning from `Commercial Residential Zone (D-5)' to `Commercial
Residential Zone (D-5) with Special Regulation Provision 805R' in Zoning By-law 85-1, to
allow for a FSR of 14; regulate parking and bicycle parking requirements; and to further
regulate building setbacks. Holding Provision 110H is also proposed to be added to the
property to require an updated Urban Design Brief demonstrating a high quality of urban
design that contributes positively to the public realm and streetscapes with adequate on-
site amenity to the satisfaction of the City of Kitchener's Director of Planning. The Holding
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Provision will also prevent the development of the site with sensitive uses, including
residential uses, until the Region is in receipt of a revised Noise Study, completed to the
satisfaction of the Region of Waterloo.
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,
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, which directs how and where development is to occur.
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
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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, 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 an attainable form of market-
based housing.
Planning staff is of the opinion that the proposed application will facilitate the intensification
of the subject property with a mixed-use multiple dwelling development that is compatible
with the surrounding community, helps manage growth, 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 2.2.6.1(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.
Policies 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:
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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.
The Growth Plan supports planning for a range and mix of housing options and, in
particular, higher density housing options that can accommodate a range of household
sizes in locations that can provide access to transit and other amenities.
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.
The subject lands are located within the City's delineated Urban Growth Centre (UGC),
and within a Major Transit Station Area (MTSA) in the 2014 Kitchener Official Plan. In the
City's Official Plan on Map 2 — Urban Structure the lands appear within the MTSA
boundary for the ION Frederick Stop. The Region of Waterloo commenced the Regional
Official Plan Review project and as part of that work, revised MTSA boundaries were
approved by the Minister in August 2022. The subject lands are within the Frederick
MTSA. The proposed development provides residential intensification and will help the
City achieve density targets in the 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 Urban Growth Centre in the
ROP. Development within the Urban Growth Centre is intended to achieve by 2031 or
earlier a minimum density target of 200 residents and jobs combined per hectare. In
addition, development within Urban Growth Centres are to accommodate significant
population and employment growth that supports the transit network at the regional scale.
The development concept proposes a higher density mixed use development that
contributes to the achievement of the minimum intensification target established for the
Urban Growth Centre Area of 200 people and jobs per hectare.
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The subject lands are located in the Frederick Major Transit Station Area (MTSA) in the
ROP. The minimum density target within the Frederick MTSA is 160 people and jobs/ha.
The density proposed through this application exceeds the density target of 160 people
and jobs/ha on a site-specific basis and the proposed development will contribute to the
achievement of the overall density target for the Frederick MTSA. 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 Frederick MTSA includes lands which are not
anticipated to redevelop with high density residential uses, including smaller fragmented
parcels and non-residential buildings such as the new courthouse and other civic
buildings.
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 336 residential
dwelling units and 327 square metres of non-residential commercial and retail space.
Considerable thought for the orientation and placement of the building, podium height, and
building step backs, have been incorporated into the design for this high intensity mixed
use development.
Urban Structure
The OP 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 (UGC), Major Transit Station Areas (MTSA), Nodes and
Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject
lands are located within the UGC. The UGC (Downtown) is the primary Urban Structure
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Component and Intensification Area in the city. The planned function of the UGC is to
accommodate a significant share of the Region's and City's future population and
employment growth. Section 3.C.2.13 of the OP indicates that the UGC is planned to
achieve, by 2031 or earlier, a minimum density of 225 residents and jobs combined per
hectare and assist in achieving the minimum residential intensification target identified in
Policy 3.C.1.6. The UGC is planned to be a vibrant Regional and City-wide focal point and
destination and is intended to be the City's primary focal point for residential intensification
as well as for investment in institutional and Region -wide public services, commercial,
office, recreational, cultural and entertainment uses.
The site is also within the Frederick MTSA and within 300 metres of both the Frederick
and Kitchener Market ION stops. In accordance with Policy 3.C.2.17 of the OP, the
planned function of the MTSAs is to provide densities that will support transit, and achieve
a mix of residential, office, institutional and commercial uses. They are also intended to
have streetscapes and a built form that is pedestrian -friendly and transit -oriented.
Policies also require that development applications in MTSAs give consideration to the
Transit -Oriented Development (TOD) policies contained in Section 13.C.3.12 of the OP.
Generally, the TOD 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. 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.
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law
Amendment will support a development that implements the City's policy direction for the
UGC and MTSA and also contributes to the vision for a sustainable and more
environmentally -friendly city.
Land Use
The subject lands are designated `Market District' (Map 4, Urban Growth Centre) in the
City of Kitchener Official Plan. The Market District is located at the eastern entrance to the
Downtown and functions as a unique village -like setting anchored by market uses. Many
of the properties which were originally developed as single detached residential dwellings
have been converted to commercial uses given their proximity to the City Centre District.
The collection of buildings on Market Lane and others on Eby Street have been converted
or redeveloped with a similar design theme creating a unique and attractive environment.
The primary uses permitted in the Market District include residential, commercial, and
institutional uses.
Policies 15.D.2.59 to 15.D.2.60 of the City of Kitchener's Official Plan encourage
redevelopment and higher density developments along the arterial roads of the Market
district (in this case, Weber Street E) and restricted higher density redevelopments internal
to the district restricting density for properties that front Market Lane or Duke Street.
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The applicant is proposing to add Specific Policy Area 9 to the Urban Growth Centre,(Map
4) to allow a Floor Space Ratio (FSR) of 14 whereas the current Official Plan policies only
allow for a maximum FSR of 3.0.
Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will
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 this Plan to ensure that certain
conditions, studies or requirements related to a proposed Zoning By-law Amendment are
met. A Holding Provision shall be applied to residential uses, day care uses and other
sensitive uses and will not be removed through a by-law amendment until such time as the
City of Kitchener is in receipt of an Urban Design Brief and until such time as a Noise
Study has been reviewed and approved by the Region of Waterloo.
Growing Together
The Growing Together project is the continuation of the City's ongoing planning review
process that began with PARTS 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.
Preliminary designations and zoning categories have been drafted by staff and are
currently available public for consultation. The subject lands, together with surrounding
lands are contemplated to be designated to allow for high-rise form developments where
lot consolidation occurs such as the proposed development of the consolidated properties
at 83-87 Weber Street East. The approach to zoning and policies of Growing Together
differs from the current zoning regime which makes strong use of numerical metrics such
as building height and floor space ratio. These metrics are useful in many contexts,
however become somewhat problematic in considering high-density and high-rise
developments where site sizes and building heights can vary significantly. Staff are
recommending a form based zoning approach as part of the Growing Together project,
which will place a greater emphasis on the pedestrian experience and design of buildings
at grade and as experienced on the street, as well as appropriate tower floor plate sizes,
separations and setbacks which protect from tower overlook within and between sites,
which preserve access to sunlight and mitigates shadow impacts, and which provides for
an interesting skyline which is also the goal of the City's Tall Building Guidelines.
At the time of this report, Staff are drafting the recommended site-specific policy and
zoning regulations for the subject lands in consideration of the direction of the Growing
Together project. Staff are of the opinion that the subject lands are appropriate for high-
rise, high-density development, subject to demonstration that the proposed built form
achieves the objectives of the Urban Design Manual and the Tall Building Guidelines.
Urban Design
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The City's urban design policies are outlined 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; Building Design, and Massing and
Scale Design. To address these policies, an Urban Design Brief was submitted and has
been reviewed by City staff. The Urban Design Brief outlines the vision and principles
guiding the site design and informs the proposed zoning by-law regulations. An updated
urban design brief will be required and secured through a Holding Provision. Extra
attention to high quality urban design that contributes positively to the public realm and
streetscapes is expected for the subject lands with adequate on-site amenity for future
residents. Detailed design will be reviewed through the site plan design and approvals
process and an updated urban design brief will be required prior to removal of the Holding
Provision.
Streetscape — The Weber Street frontage is activated by at -grade commercial units and
the building's lobby. At -grade commercial units and the building lobby have direct access
to public sidewalks. The tower podium has a defined base which will enhance the
streetscape.
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.
Tower Desian
The proposed building tower is classified as a "Large Point" as the proposed tower floor
plate is 852.8 square metres in area. The tower placement has been oriented along Weber
Street with a 7 -storey podium. The tower massing is broken up vertically by variation and
the articulation of building materials and step backs. Furthermore, balconies for the
residential units are included and 4.5 metre tall ground floor commercial units are
proposed which will enhance the streetscape with an active use.
Shadow Impact Study
The owner has completed a Shadow Impact Study in addition to the Urban Design
Brief 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. Further review of the Shadow Impact Study will be undertaken through the
detailed site planning process.
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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 reviewed at the site plan
application stage and wind control features will be required through the site plan
application, if necessary, to mitigate wind.
Tall Buildina Guidelines
The proposed development has also 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 tower is generally consistent with and meets the
overall intent of the City's Design for Tall Building Guidelines. More specifically, the
proposed development generally meets the off-site separation distance requirements of
the Design for Tall Building Guidelines and will be further reviewed through the site plan
approval process prior to removal of the Holding Provision.
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. The subject lands are located in close
proximity to the two ION stations; Frederick and Kitchener Market. The building has
excellent access to cycling networks, including existing on and off-street cycling facilities
and is located in close proximity to 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.
Policy 3.C.2.22 states that until such time as Station Area Plans are completed and this
Plan is amended accordingly, in the interim, 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, as outlined above.
Page 29 of 93
The proposed Official Plan Amendment and Zoning By-law Amendment applications
support a more compact mixed-use development in the City of Kitchener's primary
intensification area (UGC). The location of the proposed buildings, secured through the
proposed site-specific provisions, will result in a compatible built form that fosters
walkability within a pedestrian -friendly environment that allows walking to be safe,
comfortable, barrier -free and a convenient form of urban travel.
At future site plan approval processes, the design of the buildings will have to feature a
high-quality public realm to enhance the identity of the area and create gathering points for
social interaction, community events and other activities. Additionally, secured and visitor
bicycle parking is required as part of the Zoning By-law.
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 proposed development increases the amount of multiple dwelling units.
The development is contemplated to include a range of unit types including, one, one plus
den, two and three-bedroom units. Theses new units will meet and 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.
Sustainable development initiatives will be further implemented at the site planning
approval process through the detailed design review of the building.
Proposed Official Plan Amendment Conclusions
Page 30 of 93
The Official Plan Amendment application requests that the land use designation as shown
on Map 4 — Urban Growth Centre in the 2014 Official Plan be changed from `Market
District' to `Market District with Specific Policy Area 9'. 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'.
Proposed Zoning By-law Amendment (Zoning By-law 85-1):
The subject lands are zoned `Commercial Residential Zone (D-5)' in Zoning By-law 85-1.
The existing zoning permits a range of commercial, institutional and residential uses with a
maximum permitted Floor Space Ratio (FSR) of 4.5 (3.0 for residential and 1.5 for all other
use). The applicant has requested an amendment to Zoning By-law 85-1 to change the
zoning from `Commercial Residential (D-5)' to `Commercial Residential Zone (D-5) with
Special Regulation Provision 805R and Holding Provision 110H' in Zoning By-law 85-1.
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 amend the Zoning By-law to add Special Regulation Provision
805R to Zoning By-law 85-1. The proposed Special Regulation Provision is to permit an
increased Floor Space Ratio (FSR), regulate buildings setbacks, and regulate vehicular
and bicycle parking requirements.
Staff offer the following comments with respect to the proposed Special Regulation
Provision 805R:
a) That the maximum Floor Space Ratio (FSR) shall be 14.
The purpose of this regulation is to cap the Floor Space Ratio and ensure development does
not generally exceed the density presented in the concept plans.
b) That electric vehicle parking and bicycle parking shall be provided in accordance with
Section 5 of Zoning By-law 2019-051 and the required parking rates shall be provided
in accordance UGC Zones in Table 5-5 of Zoning By-law 2019-051.
The purpose of regulation b) is to provide for a parking rate which is appropriate for the
development. The lands are designated Urban Growth Centre — Innovation District. While
Urban Growth Centre (UGC) zones have not been created in Zoning By-law 2019-051,
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
Page 31 of 93
availability in intensification areas. New UGC/MTSA zones will be established as part of
the Growing Together project later this year.
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). In addition, 20% of the parking which is provided must be
electric vehicle ready. The subject lands have adequate access to public transit and
pedestrian/cycling networks and adequate bike storage will be provided within the
development for residents. Planning and Transportation Services staff is of the opinion
that the parking rate is appropriate for the subject lands.
c) The minimum front yard setback shall be 0 metres.
The purpose of this regulation is to allow the building to be located right up to front property
line as a 3.0 road widening is required along 87 Weber Street East.
d) The minimum rear yard setback shall be 2.4 metres.
The purpose of this regulation is to allow the building's podium to be located 2.4 metres from
the rear property line. The request to reduce the yard setback from 3.0 metres to 2.4 metres
allows the podium to be built closer to the property line and allows for the efficient and
effective use of the lands.
Staff offer the following comments with respect to Holding Provision 110H:
Official Plan policies require that holding provisions will 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. A Holding provision
may be used in order to facilitate the implementation of the `D-5' zone and special
regulation provision. 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.
Holding Provision 110H
Planning staff are recommending the following holding provision as part of the Zoning By-
law Amendment:
No residential use shall be permitted until a detailed Transportation (road) and
Stationary Noise Study has been completed and any recommended mitigation
measures have been implemented to the satisfaction of the Regional Municipality of
Waterloo. The detailed Stationary Noise Study shall review stationary noise sources
in the vicinity of the site, the potential impacts of noise (e.g., HVAC systems) on the
on-site sensitive points of reception and the impacts of the development on
adjacent noise sensitive uses.
No development on the lands shall occur until such time as an Urban Design Brief
is approved by the City's Director of Planning demonstrating a high quality of urban
Page 32 of 93
design that contributes positively to the public realm and streetscapes with
adequate on-site amenity.
A Noise Study was prepared in support of the proposed Zoning By-law and reviewed by
the Region of Waterloo. Additional building noise mitigation measures will be reviewed
through the site plan design and approvals process and an addendum to the Noise Study
will be required prior to removal of the Holding Provision.
High quality urban design is expected for the subject lands and extra attention to high
quality urban design that contributes positively to the public realm and with adequate on-
site amenity for future residents is required to be provided on-site. Detailed design will be
reviewed through the site plan design and approvals process and an updated Urban
Design Brief, approved by the Director of Planning, will be required prior to removal of the
Holding Provision.
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 `Commercial Residential Zone (D-5) with Special Regulation
Provision 805R, and Holding Provision 110H' represents good planning as it will facilitate
the redevelopment of the lands with a mixed use dwelling development that is compatible
with the existing neighbourhood, which will add visual interest at the street level and
skyline, and will appropriately accommodate on-site parking needs. 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 July 2023 to all applicable City departments and other review authorities. No
major concerns were identified by any commenting City department or agency and any
necessary revisions and updates 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: MHBC Planning, July 2023
• Urban Design Brief
Prepared by: MHBC Planning, June 2023
• Shadow Study
Prepared by: Reinders and Law, 2023
• Building Elevations, Renders and Floor Plans.
Prepared by: Reinders and Law, 2023
Page 33 of 93
• Wind Study
Prepared by: Boundary Layer Wind Tunnel Laboratory, June 2023
• Parking Study and Access Circulation Review
Prepared by: Paradigm Transportation Solutions, June 2023
• Site Servicing Feasibility Study
Prepared by: SBM, June 2023
• Sustainability Statement
Prepared by: MHBC Planning, July 2023
• Noise Feasibility Study
Prepared by: HGC Engineering, June 2023
• Arborist Report
Prepared by: JK Consulting Arborists, April 2023
Community Input & Staff Responses
WHAT WE HEARD
763 addresses (occupants and property owners) were circulated
and notified
3 people/households/businesses provided comment
A City -led Neighbourhood Meeting was held on August 3, 2023 and
9 users logged on
Staff received written responses from 3 residents with respect to the proposed
development. The comments received are included in Appendix `E'. A Neighbourhood
Meeting was held on August 3, 2023. A summary of what we heard, and staff responses
are noted below.
What We Heard
Staff Comment
Support for the number of bicycle
There was support for the number of bicycle parking
parking spaces.
spaces provided for this development (414 bicycle
parking spaces proposed for 336 residential dwelling
units)
Concerns that there are no bike
Weber Street is a Regional Road and there are no
lanes on Weber Street
short-term plans to add bike lanes to Weber street
Page 34 of 93
Planning Conclusions
Page 35 of 93
however the subject lands are located in close
proximity to the downtown cycling grid and other
cycling facilities.
A Parking Justification Study was submitted and
reviewed by Transportation Services staff who
support a proposed parking rate of 0 parking spaces
On-site Parking - Some residents
per dwelling unit. The lands are designated Urban
support the reduced parking
Growth Centre — Market District. Urban Growth
proposed while others did not
Centre (UGC) zones have not yet been established
think enough parking was
in By-law 2019-051, however parking regulations
provided.
were created in Section 5 to provide direction for the
Urban Growth Centre (UGC). In the UGC, no
minimum parking is proposed for most uses
including multiple residential dwellings.
The subject lands and surrounding neighbourhood
land uses and zoning are being reviewed and
updated through the Growing Together project. The
Growing Together project is the continuation of the
City's ongoing planning review process that began
Support for redeveloping this
with PARTS and advanced through the
area of the downtown and
Neighbourhood Planning Review (NPR) project,
increasing the density as long as
while also responding to new direction from the
there is a plan for the overall
province, implementing the updated Regional Official
neighbourhood.
Plan, and addressing new and emerging city
priorities.
At the time of this report, Staff are drafting the
recommended site-specific policy and zoning
regulations for the subject lands in consideration of
the direction of the Growing Together project.
Affordable Units should be
This development is not proposing affordable
provided.
housing units and staff are not aware of any
sponsorship or incentives from other levels of
government at this time. The Planning Act does not
allow the City to require affordable housing at this
time. Inclusionary Zoning will be implemented as
part of the Growing Together project. A mix of unit
types and unit sizes are proposed. The two (2) and
three (3) bedroom units could offer a more affordable
rent option for future tenants who could share the
cost -of -living accommodations.
Existing tenants concerned with
The owner has several other rental properties in the
finding new homes at similar
City of Kitchener and staff have been advised that
affordable rates.
the Owner has committed to arranging for relocation
of the existing tenants to new market rate units and
will be assisting and supporting in the relocation.
Planning Conclusions
Page 35 of 93
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 used
development at 83-87 Weber Street East. 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:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget - Bill 109, More Homes for Everyone Act, 2022 introduced a requirement
for a municipality to refund planning application fees if a decision is not made within a
prescribed timeframe. Decisions on Zoning By-law Amendments, when combined with an
Official Plan Amendment, are required within 120 days to retain planning application fees,
for applications received after July 1, 2023. A decision must be made by Council prior to
October 30, 2023 or the Planning Division must issue an application fee refund of
$12,800.00, being 50% of the $25,600.00 Major Zoning By-law Amendment Application fee.
The Planning Division does not have a funding source or budget for refunding planning
application fees.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Council / Committee meeting. A large notice sign was posted on the property and
information regarding the application was posted to the City's website in July of 2023.
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 September 8, 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 July
9, 2023. In response to this circulation, staff received written responses from 3 members
of the public, which were summarized as part of this staff report. Planning staff also had
one-on-one conversations with residents on the telephone and responded to emails.
PREVIOUS REPORTS/AUTHORITIES:
Page 36 of 93
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Regional Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 85-1
REVIEWED BY:
Garett Stevenson - Manager of Development Review, Planning Division
Tina Malone -Wright - Supervisor Development Applications, Planning Division
APPROVED BY: Readman, Justin - General Manager, Development Services
APPENDIX&
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
Page 37 of 93
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OFFICIAL PLAN AMENDMENT OPA23/012/W/CD
ZONING` AMENDMENT :` 1
METRIES
BRIGADE • .INGS CORPORATION
SC• 111
City ofKitchener.-
FILE
00
83 & 87 WEBER ST E
. •2023DEVELOPMENT
AMENDMENT NO. ### TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
83-87 Weber Street East
Page 39 of 93
AMENDMENT NO.### TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
83-87 Weber Street East
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives
Committee of October 2, 2023
APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives
Committee October 2, 2023
APPENDIX 3 Minutes of the Meeting of City Council
Page 40 of 93
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 Area 9 to Map 4 - Urban Growth Centre (Downtown) and by adding
associated Site Specific Policy Area 15.D.2.72 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,
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, which directs how and where development is to
occur. 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.
Page 41 of 93
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, 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 an attainable form of
market-based housing.
Planning staff is of the opinion that the proposed application will facilitate the
intensification of the subject property with a mixed-use multiple dwelling development
that is compatible with the surrounding community, helps manage growth, 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
Page 42 of 93
major transit station areas, in order to provide a focus for investments in transit and
other types of infrastructure.
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.
Policies 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.
The Growth Plan supports planning for a range and mix of housing options and, in
particular, higher density housing options that can accommodate a range of household
sizes in locations that can provide access to transit and other amenities.
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.
The subject lands are located within the City's delineated Urban Growth Centre (UGC),
and within a Major Transit Station Area (MTSA) in the 2014 Kitchener Official Plan. In
the City's Official Plan on Map 2 — Urban Structure the lands appear within the MTSA
Page 43 of 93
boundary for the ION Frederick Stop. The Region of Waterloo commenced the Regional
Official Plan Review project and as part of that work, revised MTSA boundaries were
approved by the Minister in August 2022. The subject lands are within the Frederick
MTSA. The proposed development provides residential intensification and will help the
City achieve density targets in the 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 Urban Growth Centre in the
ROP. Development within the Urban Growth Centre is intended to achieve by 2031 or
earlier a minimum density target of 200 residents and jobs combined per hectare. In
addition, development within Urban Growth Centres are to accommodate significant
population and employment growth that supports the transit network at the regional
scale. The development concept proposes a higher density mixed use development that
contributes to the achievement of the minimum intensification target established for the
Urban Growth Centre Area of 200 people and jobs per hectare.
The subject lands are located in the Frederick Major Transit Station Area (MTSA) in the
ROP. The minimum density target within the Frederick MTSA is 160 people and
jobs/ha. The density proposed through this application exceeds the density target of 160
people and jobs/ha on a site-specific basis and the proposed development will
contribute to the achievement of the overall density target for the Frederick MTSA.
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 Frederick MTSA
includes lands which are not anticipated to redevelop with high density residential uses,
including smaller fragmented parcels and non-residential buildings such as the new
courthouse and other civic buildings.
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
Page 44 of 93
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 336 residential
dwelling units and 327 square metres of non-residential commercial and retail space.
Considerable thought for the orientation and placement of the building, podium height,
and building step backs, have been incorporated into the design for this high intensity
mixed use development.
Urban Structure
The OP 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 (UGC), Major Transit Station
Areas (MTSA), Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of
the Official Plan. The subject lands are located within the UGC. The UGC (Downtown)
is the primary Urban Structure Component and Intensification Area in the city. The
planned function of the UGC is to accommodate a significant share of the Region's and
City's future population and employment growth. Section 3.C.2.13 of the OP indicates
that the UGC is planned to achieve, by 2031 or earlier, a minimum density of 225
residents and jobs combined per hectare and assist in achieving the minimum
residential intensification target identified in Policy 3.C.1.6. The UGC is planned to be a
vibrant Regional and City-wide focal point and destination and is intended to be the
City's primary focal point for residential intensification as well as for investment in
institutional and Region -wide public services, commercial, office, recreational, cultural
and entertainment uses.
The site is also within the Frederick MTSA and within 300 metres of both the Frederick
and Kitchener Market ION stops. In accordance with Policy 3.C.2.17 of the OP, the
planned function of the MTSAs is to provide densities that will support transit, and
achieve a mix of residential, office, institutional and commercial uses. They are also
intended to have streetscapes and a built form that is pedestrian -friendly and transit -
oriented.
Policies also require that development applications in MTSAs give consideration to the
Transit -Oriented Development (TOD) policies contained in Section 13.C.3.12 of the OP.
Generally, the TOD 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
Page 45 of 93
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 transit and rapid transit while being context sensitive to
surrounding lands and provides excellent access to off-road pedestrian and cycling
facilities.
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law
Amendment will support a development that implements the City's policy direction for
the UGC and MTSA and also contributes to the vision for a sustainable and more
environmentally -friendly city.
Land Use
The subject lands are designated `Market District' (Map 4, Urban Growth Centre) in the
City of Kitchener Official Plan. The Market District is located at the eastern entrance to
the Downtown and functions as a unique village -like setting anchored by market uses.
Many of the properties which were originally developed as single detached residential
dwellings have been converted to commercial uses given their proximity to the City
Centre District. The collection of buildings on Market Lane and others on Eby Street
have been converted or redeveloped with a similar design theme creating a unique and
attractive environment. The primary uses permitted in the Market District include
residential, commercial, and institutional uses.
Policies 15.D.2.59 to 15.D.2.60 of the City of Kitchener's Official Plan encourage
redevelopment and higher density developments along the arterial roads of the Market
district (in this case, Weber Street E) and restricted higher density redevelopments
internal to the district restricting density for properties that front Market Lane or Duke
Street.
The applicant is proposing to add Specific Policy Area 9 to the Urban Growth
Centre,(Map 4) to allow a Floor Space Ratio (FSR) of 14 whereas the current Official
Plan policies only allow for a maximum FSR of 3.0.
Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will
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 this Plan to ensure
that certain conditions, studies or requirements related to a proposed Zoning By-law
Amendment are met. A Holding Provision shall be applied to residential uses, day care
uses and other sensitive uses and will not be removed through a by-law amendment
until such time as the City of Kitchener is in receipt of an Urban Design Brief and until
such time as a Noise Study has been reviewed and approved by the Region of
Waterloo.
Growing Together
Page 46 of 93
The Growing Together project is the continuation of the City's ongoing planning review
process that began with PARTS 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.
Preliminary designations and zoning categories have been drafted by staff and are
currently available public for consultation. The subject lands, together with surrounding
lands are contemplated to be designated to allow for high-rise form developments
where lot consolidation occurs such as the proposed development of the consolidated
properties at 83-87 Weber Street East. The approach to zoning and policies of Growing
Together differs from the current zoning regime which makes strong use of numerical
metrics such as building height and floor space ratio. These metrics are useful in many
contexts, however become somewhat problematic in considering high-density and high-
rise developments where site sizes and building heights can vary significantly. Staff are
recommending a form based zoning approach as part of the Growing Together project,
which will place a greater emphasis on the pedestrian experience and design of
buildings at grade and as experienced on the street, as well as appropriate tower floor
plate sizes, separations and setbacks which protect from tower overlook within and
between sites, which preserve access to sunlight and mitigates shadow impacts, and
which provides for an interesting skyline which is also the goal of the City's Tall Building
Guidelines.
At the time of this report, Staff are drafting the recommended site-specific policy and
zoning regulations for the subject lands in consideration of the direction of the Growing
Together project. Staff are of the opinion that the subject lands are appropriate for high-
rise, high-density development, subject to demonstration that the proposed built form
achieves the objectives of the Urban Design Manual and the Tall Building Guidelines.
Urban Design
The City's urban design policies are outlined 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; Building Design, and
Massing and Scale Design. To address these policies, an Urban Design Brief was
submitted and has been reviewed by City staff. The Urban Design Brief outlines the
vision and principles guiding the site design and informs the proposed zoning by-law
regulations. An updated urban design brief will be required and secured through a
Holding Provision. Extra attention to high quality urban design that contributes positively
to the public realm and streetscapes is expected for the subject lands with adequate on-
site amenity for future residents. Detailed design will be reviewed through the site plan
design and approvals process and an updated urban design brief will be required prior
to removal of the Holding Provision.
Page 47 of 93
Streetscape — The Weber Street frontage is activated by at -grade commercial units and
the building's lobby. At -grade commercial units and the building lobby have direct
access to public sidewalks. The tower podium has a defined base which will enhance
the streetscape.
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.
Tower Design
The proposed building tower is classified as a "Large Point" as the proposed tower floor
plate is 852.8 square metres in area. The tower placement has been oriented along
Weber Street with a 7 -storey podium. The tower massing is broken up vertically by
variation and the articulation of building materials and step backs. Furthermore,
balconies for the residential units are included and 4.5 metre tall ground floor
commercial units are proposed which will enhance the streetscape with an active use.
Shadow Impact Study
The owner has completed a Shadow Impact Study in addition to the Urban Design
Brief 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. Further review of the Shadow Impact Study will be undertaken through
the detailed site planning process.
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 reviewed at the site plan
io
Page 48 of 93
application stage and wind control features will be required through the site plan
application, if necessary, to mitigate wind.
Tall Buildina Guidelines
The proposed development has also 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 tower is generally consistent with and meets
the overall intent of the City's Design for Tall Building Guidelines. More specifically, the
proposed development generally meets the off-site separation distance requirements of
the Design for Tall Building Guidelines and will be further reviewed through the site plan
approval process prior to removal of the Holding Provision.
Transaortation 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. The subject lands are located in close
proximity to the two ION stations; Frederick and Kitchener Market. The building has
excellent access to cycling networks, including existing on and off-street cycling facilities
and is located in close proximity to 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.
Policy 3.C.2.22 states that until such time as Station Area Plans are completed and this
Plan is amended accordingly, in the interim, 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, as outlined
above.
1�
Page 49 of 93
The proposed Official Plan Amendment and Zoning By-law Amendment applications
support a more compact mixed-use development in the City of Kitchener's primary
intensification area (UGC). The location of the proposed buildings, secured through the
proposed site-specific provisions, will result in a compatible built form that fosters
walkability within a pedestrian -friendly environment that allows walking to be safe,
comfortable, barrier -free and a convenient form of urban travel.
At future site plan approval processes, the design of the buildings will have to feature a
high quality public realm to enhance the identity of the area and create gathering points
for social interaction, community events and other activities. Additionally, secured and
visitor bicycle parking is required as part of the Zoning By-law.
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 proposed development increases the amount of multiple dwelling
units. The development is contemplated to include a range of unit types including, one,
one plus den, two and three-bedroom units. Theses new units will meet and 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.
Sustainable development initiatives will be further implemented at the site planning
approval process through the detailed design review of the building.
Proposed Official Plan Amendment Conclusions
The Official Plan Amendment application requests that the land use designation as
shown on Map 4 — Urban Growth Centre in the 2014 Official Plan be changed from
`Market District' to `Market District with Specific Policy Area 9'. Based on the above -
12
Page 50 of 93
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.
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.2.72 as
follows:
"15.D.12.72. 83-87 Weber Street East
Notwithstanding the Market District 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 14.0 will be permitted.
b) Amend Map No. 4 — Urban Growth Centre (Downtown) by adding Specific
Policy Area "9. 83-87 Weber Street East (Policy 15.D.2.72)" to the `Area of
Amendment', as shown on the attached Schedule `A'.
13
Page 51 of 93
APPENDIX 1
NOTICE OF PUBLIC MEETING
NOTICE OF PUBLIC MEETING
furl development in your neighbourhood
3-87 Weber Street East
Concept Drawing
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date, sober 2, 2022
Location. Council Chambers,
Kitchener City Mall
200 King Street West.
OrVirtual Zoom Meeting
Go to kitchener.ca/meetings
and select:
• Current agendas and reports
(posted 10 days before meeting)
t Appear as a delegation
• Watch a meeting
To learn more aboutthis project. including
inf0fMatiOn ofr your appeal rights, visit:
� '-
www.kitchenerea/
'
.ea
IF
*i�� PlanningApplications
or contact,
Mixed 25 Storeys, Floor Space Craig Durnart, Senior Planner
Use 336 Dwelling Ratio of 13,7 cralg.clumart kltchener.ca
Units 519.741. 200 x7073
The City of Kitchener will consider applications for an Official Plan Amendment and
Zoning By-law Amendment to faciilitate the redevelopment of the lands with a 25 -storey
mixed use development with a Floor Space Ratio of 13.7. A total of 336 residential units,
3 ground floor commercial units, 14 vehicle parking spaces and 414 bicycle parking
spaces are proposed for the development.
Page 52 of 93
APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee — October 2, 2023
15
Page 53 of 93
APPENDIX 3 Minutes of the Meeting of City Council - DATE
16
Page 54 of 93
R-1
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1-2 3H
AMENDMENT TO BY-LAW 85-1
AREA 1 -
FROM COMMERCIAL RESIDENTIAL ZONE (D-5)
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TO COMMERCIAL RESIDENTIAL ZONE (D-5)
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WITH SPECIAL REGULATION PROVISION 805R
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D-7 MACKENZIE KING SQUARE ZONE
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1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE
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1-2 COMMUNITY INSTITUTIONAL ZONE
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MAP NO. 1 0 50 100
METRES
BRIGADE HOLDINGS CORPORATION SCALE 1:4,000
83 & 87 WEBER ST E DATE: SEPTEMBER 8, 2023
�5H � ZONE GRID REFERENCE
SCHEDULE NO. 120 AND 121
OF APPENDIX 'A'
_ O� KITCHENER ZONING BY-LAW 85-1 AND 2019-051
U-2 15H 1 �� ZONE LIMITS
ZONING BY-LAW AMENDMENT ZBA23/022/W/CD
OFFICIAL PLAN AMENDMENT OPA23/012/W/CD 7ZBA2302City of KitchenerFILE
2WCD_MAP1
DEVELOPME T SERVICES DEPARTMENT, PLANNINGmxd
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 known as
the Zoning By-law for the City of Kitchener
— Brigade Holdings Corporation — 83-87 Weber Street East)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Numbers 120 and 121 of Appendix "A" to By-law 85-1 are hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on
Map No. 1, in the City of Kitchener, attached hereto, from Commercial Residential Zone
(D-5) to Commercial Residential Zone (D-5) with Special Regulation Provision 805R and
Holding Provision 110H.
2. Schedule Numbers 120 and 121 of Appendix "A" to By-law Number 85-1 are hereby further
amended by incorporating additional zone boundaries as shown on Map No.1 attached
hereto.
3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 805 thereto as follows:
"805. Notwithstanding Sections 16A.1,16A.2 and 6.1.2 of this By-law, within the
lands zoned D-5 and shown as being affected by this Subsection on
Schedule Numbers 120 and 121 of Appendix "A", the following special
regulations shall apply:
i) The maximum Floor Space Ratio shall be 14.
ii) Electric vehicle parking and bicycle parking shall be provided in
accordance with Section 5 of Zoning By-law 2019-051 and the
required parking rates shall be provided in accordance with UGC
Zones in Table 5-5 of Zoning By-law 2019-051.
Page 56 of 93
iii) The minimum front yard setback shall be 0.0 metres.
iv) The minimum rear yard setback shall be 2.4 metres."
4. Appendix "F" to By-law 85-1 is hereby amended by adding Section 110H thereto
as follows:
"110H. Notwithstanding Section 16A of this Bylaw, within the lands zoned D-5
and shown as being affected by this Subsection on Schedule Numbers 120
and 121 of Appendix "A":
i) No residential use shall be permitted until a detailed transportation
(road) and stationary noise study has been completed and
implementation measures recommended to the satisfaction of the
Regional Municipality of Waterloo. The detailed stationary noise
study shall review stationary noise sources in the vicinity of the site,
the potential impacts of noise (e.g. HVAC systems) on the on-site
sensitive points of reception and the impacts of the development on
adjacent noise sensitive uses.
ii) No development on the lands shall occur until such time as an
Urban Design Brief is approved by the City's Director of Planning
demonstrating a high quality of urban design that contributes
positively to the public realm and streetscapes with adequate onsite
amenity."
5. This By-law shall become effective only if Official Plan Amendment No. XX (83-87 Weber
Street East) 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 57 of 93
NOTICE OF PUBLIC MEETING 1
for a development in your neighbourhood
83-87 Weber Street East IKITcFTNFR
Concept Drawing
Mixed 25 Storeys, Floor Space
Use 336 Dwelling Ratio of 13.7
Units
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: October 2, 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
Craig Dumart, Senior Planner
craig.dumart@ kitchener.ca
519.741.2200 x7073
The City of Kitchener will consider applications for an Official Plan Amendment and
Zoning By-IawAmendment to facilitate the redevelopment of the landswith a 25 -storey
mixed use developmentwith a Floor Space Ratio of 13.7. Atotal of 336 residential units,
3 ground floor commercial units, 14 vehicle parking spaces and 414 bicycle parking
spaces are proposed for the development. Page 58 of 93
City of Kitchener - Comment Form
Project Address: 83-87 Weber Street East
Application Type: OPA/ZBA
Comments of: Environmental Planning (Sustainability) — City of Kitchener
Commenter's name: Raida Chowdhury
Email: raida.chowdhury@kitchener.ca
Phone: 519-741-2200 ext. 7078
Written Comments Due: August 14, 2023
Date of comments: August 18, 2023
1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application:
• Sustainability Statement 83-87 Weber Street East, MHBC, July 5, 2023
2. Comments & Issues:
I have reviewed the supporting documentation (as listed above) to support a OPA/ZBA application
proposing a 25 -storey mixed use building on the existing subject property, regarding sustainability
and energy conservation, and provide the following comments:
- Although the Ontario Building Code (OBC) is progressive, going forward all developments
will need to include energy conservation measures that go beyond the OBC as the City (and
Region of Waterloo) strive to achieve our greenhouse gas reduction target.
- A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a
complete Site Plan Application which can further explore and/or confirm additional
sustainability measures that are best suited to the development as the design evolves.
- Upon review of the supporting documentation, the Official Plan and Zoning Bylaw
Amendments can be supported as several sustainable measures have been proposed or
are being considered for the development.
- The applicant should, in an updated Sustainability Statement, further clarify:
o Whether the building envelope (wall, roof, and window thermal performance) will
be designed beyond OBC requirements
o Whether the sustainable sourcing of construction and building materials will be
considered
3. Conditions of Site Plan Approval:
To submit a revised Sustainability Statement to the satisfaction of the City's Director of Planning.
Further, the approved sustainability measures recommended in the Sustainability Statement will
be implemented in the landscape, stormwater management, and building design, to the
satisfaction of the City's Manager of Development Review.
I I P a g e
Page 59 of 93
4. 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.
S. 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/trave[wise).
➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under
'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement
21a „_
Page 60 of 93
City of Kitchener
Zone Change Comment Form
Address: 83-87 Weber Street
Owner:
Application: OPA/ZBA
Comments Of: Urban Design- Planning
Commenter's Name: Pegah Fahimian
Email: Pegah.fahimian@kitchener.ca
Phone: 519-741-2200 Ext. 7342
Date of Comments: August 10, 2023 %"
El plan to attend the meeting (questions/concerns/comments for discussion) ' % � �%i
® No meeting to be held,,,%
ElI do NOT plan to attend the meeting (no concerns) %i ''%o„
1.
•
Documents Reviewed:
A__I_:_a...._I f1__...:___ L.. Pf_:.__1_.._. I _...
lune 16, 2023
2. Site -Specific Comments & Issues:Py
"
1 have reviewed the updated/revised documentation noted'b"elo�wthat has been submitted in support of
an OPA and ZBA to allow for a Floor Space Ratio (FSR)/,'Qf 13.7;and proposing a Zoning By-law Amendment
to Zoning By-law 85-1 to add a Special Use Provision to allow for; a maximum floor space ratio of 13.7; a
front yard setback of 0 metres; a red uction>in.p�rking to permit a parking ratio of 0 spaces for non
residential uses and 0 spaces for dwellings!greatenthan 51 square metres in size and 0.165 spaces per
dwelling unit for units less than 51 square m.e�tres; aj�d to permit a rear yard building setback of 2.4
metres. The proposed amendments.willov.fforthe development of a 25 -storey mixed-use development
with a Floor Space Ratio of 13.7 with a;total;of 336 residential units, 3 ground floor commercial units, 14
vehicle parking spaces and 414,bicwe pa`Fking spaces.
3.
a. Tower design
b. Podium characteristics
i of the site to create
the neighborhoods,
sign of the site with
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 1 of 5
Page 61 of 93
City of Kitchener
Zone Change Comment Form
Planning Justification Report: MHBC
Physical separation:
• The proposal needs to fully meet the tall building guidelines, specifically with regard to separation as
the guidelines are an excellent compatibility test for proposals exceeding their zoning permissions.
The tower separation distance is estimated to be 12 m. The current layout does not show enough
separation on the northwest, which may lead to overlooking and privacy concerns from adjacent
properties. The proposal must be modified by reducing building length and/or height until the -
resulting built form meets its corresponding separation target.
Podium Design:�o,,,
• Contemporary architectural style and details are to be refined through the site plan process.
The building facades facing Weber Street should contain an appropriate amount of detailing and
articulation, particularly at the podium and tower. Consider adding further architectural expression
to the street -facing elevations; explore options to maximize interest and expressiveness of exposed
podium facades. This can include strategically incorporating public art and visual elements into the
exposed facades.
This project should play a significant role in reinforcing the character of Weber Street. There is a
need for public art, well integrated into the architecture of the building, and I suggest the following
as options.
o Public Art (sculpture, mural, digital)
o Digital Art, see the examples below
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
Pag2 of 5
age 62 of 93
City of Kitchener
Zone Change Comment Form
• The tower should step back from its base a minimum of 3m along any street -facing elevations.
• The proposed podium along Weber Street should be broken down using enhanced detailing and
articulation.
• The proposed corner treatment will be further enhanced to create visual interest at the street edge.
Ami
Required amenity space calculations are contained in the Urban Design Manual and include two
parts — one for a general amenity area and one for children's play facilities in multiple residential
developments. (2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space.
• The Urban Design Brief should include text and conceptual images that demonstrate the
commitment to providing sufficient and appropriate amenity space for all potential residents on
site. An updated urban design brief should be provided to address this issue.
• Wind assessment is required for outdoor amenities and the pedestrian realm.
Streetscape:
• Details of the streetscape are to be provided. Any streetscape elements proposed are to be
reviewed.
• 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, seamless private, semi -private and public spaces.
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 3 of 5
Page 63 of 93
City of Kitchener
Zone Change Comment Form
Wind Study - Pedestrian Level Wind — Preliminary Impact Assessment. Boundary Layer Wind Tunnel
Laboratory report
A further quantitative wind study coupled with a detailed wind tunnel analysis will be required as part of
the full site plan application package. OF
III/Al'/1 - "',%.
A revised design proposal that addresses the wind impacts outlined in the submitted wind study should
be developed. %,� `'%%,,
4. Comments on Submitted Documents
Architectural Floor plans-
O�%///
//
VMS
• The proposed loading area does not contribute positively to the streetscape. Design modifications
should be provided to address this issue.
a aesio nu ioel
61 50. IC
I � I
• For tall buildings with retail or other active uses at grade, provide a ground floor height of 4.5m
(minimum) to permit a variety of retail types and activities.
• The building facades fronting Weber Street should contain an appropriate amount of glazing and
articulation, particularly along the lower 5m where the building addresses the sidewalk.
• You may consider relocating the proposed mailroom to provide more glazing along the Weber
Street.
• The underground parking structure should have a sufficient setback from the property lines to
accommodate the necessary soil volume to support required large-statured, high -canopy trees.
• The location of residential and commercial garbage storage, loading area and Passenger pick up
/drop-off area should be noted on the site plan.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 4 of 5
Page 64 of 93
City of Kitchener
Zone Change Comment Form
• 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, seamless private, semi -private and public spaces.
• Provide natural surveillance by employing high percentages of glazing, active uses at ground level
and incorporating more units with windows and balconies on the main facade with views onto the
street.
• The building's interface and relationship with the street and adjacent properties should be
thoroughly explored.
• 3 -bed units are desirable as they provide more living space for families. A higher percentagio„
e of these
units might help with community engagement.
• The proposed tower should have unique top features that are architecturally exceiJent,%higf�I isible
and makes a positive contribution to the image of Kitchener developing skyline.��/ ,
• Provide materiality and texture shifts at the podium and across the towers and"<incorporate
variations in tower setbacks from the base to distinguish the tower fora from the odium.
• Residential and commercial entrances should be clearly identified and-vffer',, c, ess from both the
public realm and the private parking side of the building. The proposed main "entrance will be
or,
further enhanced to create visual interest at the street edge. (for%exam;ple,'cantilevered entrance
canopy, corrugated -metal panels and fritted glass. „%
• Balconies may be staggered in a creative pattern to Iighten the structure and provide private
outdoor space for the units.
• All utility locations, including the meter room and transf6`r%, room to be shown on the layout.
11
Building -mounted or ground-based AC units should be located away from public view and fully
screened.
• Wind assessment and shadow study is requir„edfor outdoor amenities and the pedestrian realm.
A”,
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 5 of 5
Page 65 of 93
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Address: 83-87 Weber St E
Owner: Brigade Holdings Corporation
Application: Official Plan Amendment # Zoning By-law Amendment #
Comments Of: Parks and Cemeteries
Commenter's Name: Lenore Ross
Email: Lenore. ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: July 14 2023
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
0 No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
I have reviewed the documentation noted below submitted in support of an Official Plan Amendment
to add a Specific Policy Area to the Official Plan to allow for a Floor Space Ratio (FSR) of 13.7 and
proposing a Zoning By-law Amendment to Zoning By-law 85-1 to add a Special Use Provision to allow
for; a maximum floor space ratio of 13.7; a front yard setback of 0 metres; a reduction in parking to
permit a parking ratio of 0 spaces for non residential uses and 0 spaces for dwellings greater than 51
square metres in size and 0.165 spaces per dwelling unit for units less than 51 square metres; and to
permit a rear yard building setback of 2.4 metres. The proposed amendments will allow for the
development of a 25 storey mixed use development with a Floor Space Ratio of 13.7 with a total of
336 residential units, 3 ground floor commercial units, 14 vehicle parking spaces and 414 bicycle
parking spaces.
• Planning Justification Report
• Wind Study
• Urban Design Report
• Concept Site Plan and Floor Plans
• Noise Study
• Building Elevations and Renderings
• Shadow Study
• Arborist Report
2. Site Specific Comments & Issues:
There are minor updates required to the documentation noted below to address Parks and
Cemeteries concerns with the proposed OPA/ZBA applications. Parks and Cemeteries can provide
conditional support to the applications subject to receiving satisfactory updates to the documentation
noted.
Should document updates not be available prior to the application proceeding to Committee and
Council, a Holding Provision should be considered ensure the submission and approval of such
documents to Parks and Cemeteries satisfaction.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 1 of 3
Page 66 of 93
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
3. Comments on Submitted Documents
The parkland dedication requirement will be deferred at the Official Plan Amendment/Zoning By-
law Amendment application(s) and assessed at a future Site Plan Application. Parkland dedication
will be assessed based on the land use class(es) and density approved through the OPA and ZBA and
required as a condition of Site Plan Approval. Parkland dedication will be taken as land/cash-in-
lieu of land. It is expected that Park Dedication be satisfied through the physical dedication of
land off-site with the balance being provided as cash in lieu. Off-site lands should generally be
within 500m of the proposed development and meet the requirements as identified in Chapter
273.1.4.1, Development Manual Section Land under the Park Dedication Policy, Section 5.
Preferred locations for physical dedication would be adjacent to existing park space.
The site is within the City Commercial Core Planning Community and through Places and Spaces — An
Open Space Strategy for Kitchener, this community has been identified as underserved with active
neighbourhood park space with only 4.7M2 / person available within the immediate neighbourhood.
A rating of "Critical" has been assigned to this Planning Community and it is recommended that
physical land dedication be pursued through Planning applications to address the shortfall in
planned park space within the community.
The following comments should be addressed at this time.
1) Planning Justification Report — MHBC dated July 2023
a) Pdf pg 15 - Community Benefits. The following statement should be removed from the
document as physical dedication of off-site land is the City's preferred Parkland Dedication
option and the attribution of Parkland Dedication funds to the improvement of specific parks
within the surrounding area is not consistent with the current bylaw or policy framework:
"It is anticipated that parkland dedication in the form of cash -in -lieu will be required, which
will be directed towards future improvements to parks in the area."
b) As part of the Parks and Cemeteries Presubmission requirements for a complete application,
it was required that the PJR should include an analysis and discussion of how the proposed
development will impact the existing neighbourhood including the availability of services and
infrastructure related to parks, open space, urban forests and community facilities relative to
the change in planned function and significant increase in density specifically referencing the
objectives and policies and in Part C Section 8: Parks, Open Space, Urban Forests and
Community Facilities and indicating specifically how the proposal will implement / achieve
the policy objectives. This commentary has not been provided and a revised submission is
required.
c) A revised Planning Justification Report is required.
2) Urban Design Brief — MHBC dated June 2023
a) Pdf pg 17 - Section 5.4 Public Realm and Streetscape. Makes reference to "opportunities for
planters and landscape elements as well as decorative paving treatments along both fronting
streets for delineation of the private and public realms. Visual appeal along public and private
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 2 of 3
Page 67 of 93
City of Kitchener
Zone Change/ Official Plan Amendment Comment Form
streetscape should be designed by coordinating elements such as trees, signage, street lights,
and boulevard treatment."
i) The passage should be revised to reflect that the site fronts onto only one street
ii) With a Om front yard setback all landscaping and streetscape elements will be on public
lands within the Regional right of way? Has the Region agreed to such landscape
enhancements? Perpetual maintenance agreements will be required, and City of
Kitchener Parks and Cemeteries and Operations should be involved in design discussions
to ensure maintenance requirements are adequately addressed.
b) Pdf pg 17 - Section 5.4 Public Realm and Streetscape. It is noted that "the 8th storey rooftop
amenity terrace provides opportunity for seating furnishings and a BBQ area, complimented
by planter arrangements throughout. The design of the rooftop amenity area will be refined
during site plan." There is little active public parkland in the immediate neighbourhood and
the developer should provide a clear commitment to providing robust, active on-site amenity
spaces and through the UDB provide conceptual details, commentary and precedent images
to guide detailed site design through the site plan application. These amenity spaces should
have good solar access, protection from wind and incorporate seating and play equipment for
residents of all ages and abilities; this will be critical to this proposal.
c) A revised Urban Design Brief is required.
4. Policies, Standards and Resources:
• Kitchener Official Plan
• City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy
• City of Kitchener Development Manual
• Cycling and Trails Master Plan (2020)
• Chapter 690 of the current Property Maintenance By-law
• Places & Spaces: An Open Space Strategy for Kitchener
• Multi -Use Pathways & Trails Masterplan
• Urban Design Manual
5. Anticipated Fees:
Parkland Dedication
The parkland dedication requirement for this submission is deferred and will be assessed at a future Site
Plan Application. Parkland dedication will be assessed based on the land use class(es) and density
approved through the OPA and ZBA and required as a condition of Site Plan Approval
Parkland dedication is required for the application as a combination of cash -in -lieu and off-site land
according to the Planning Act, Parkland Dedication Bylaw 2022-101 and the Parkland Dedication Policy.
Dedication requirements are subject to the Parkland Dedication Policy and rates in effect.
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 3 of 3
Page 68 of. 93
Craig Dumart
From: Jason Brule
Sent: Monday, July 24, 2023 11:51 AM
To: Craig Dumart
Subject: RE: Circulation for Comment - 83-87 Weber Street East (OPA/ZBA)
Attachments: 83-87 Weber St E - ZBA and OPA Comments.pdf
Hi Craig,
Attached are Engineering's comments. I also received KU's and included them. All good for the
OPA/ZBA. Let me know if you need anything else from me on this.
Regards,
Jason M116, C.E.T.
519-741-2200 ext.7419
From: Ellen Kayes <Ellen.Kayes@kitchener.ca>
Sent: Monday, July 17, 2023 3:18 PM
To: Jason Brule <Jason.Brule@kitchener.ca>
Subject: FW: Circulation for Comment - 83-87 Weber Street East (OPA/ZBA)
Hey Jason,
I believe you were the last one to do comments on this site.
Thanks
Ellen
Ellen Kayes
Program Assistant I Development Engineering - Engineering I City of Kitchener
(519) 741-2200 ext. 74111 TTY 1-866-969-9994 1 ellen.kayes@kitchener.ca
ti dun, , , y4 Tuba
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Monday, July 17, 2023 1:56 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes
<Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Heuchert <Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Kayes
<Ellen.Kayes@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power
Corp. - Shaun Wang <shaun.wang@enovapower.com>; GRCA - Planning (planning@grandriver.ca)
<planning@grandriver.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>; 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
Page 69 of 93
Internal memo
Development Services Department
Date: July 24, 2023
To: Craig Dumart
From: Jason Brule
Subject: Zoning By-law Amendment and Official Plan Amendment Application
Brigade Holdings Corporation
83-87 Weber Street East, Kitchener
ZBA 23/022/W/CD
OPA 23/012/W/CD
l
IurcEvER
www.kitchener.ca
The below comments have been prepared through the review of the supplied Site Servicing
Feasibility Study prepared by Strik, Baldinelli, Moniz Ltd.; dated June 12, 2023 in support of the
above noted applications circulated July 17, 2023.
General Comments:
1. Engineering is in support of the applications. Any comments below can be used to direct
detailed design.
Sanitary:
2. Proposed flows were verified in the City's model and indicate no impacts downstream of
this development.
Water (Angela Mick, Kitchener Utilities):
3. KU has no issues with these applications.
4. Advisory comment: Any buildings over 84m tall require a second water service in
accordance with Ontario Building Code section 3.2.9.7 (4).
Storm and Stormwater Management:
5. A thorough review of the site SWM report will be conducted with detailed design.
6. Note: SWM fees with respect to retention or quality are assessed and calculated in the year
in which they are to be paid.
�Aar, .S,u:..�e
Jason Brule, C.E.T.
Engineering Technologist
Page 70 of 93
Craig Dumart
From: Dave Seller
Sent: Thursday, August 10, 2023 1:56 PM
To: Craig Dumart
Subject: Comments: 83-87 Weber Street East (OPA/ZBA)
City of Kitchener
Application Type: Official Plan Amendment Application OPA23/012/W/CD
Zoning By-law Amendment Application ZBA23/022/W/CD
Project Address: 83-87 Weber Street East
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: August 10, 2023
a. As part of a complete Zoning By-law amendment application, a Parking Study and Access Circulation Review was
submitted (June 2023) by Paradigm Transportation Solutions Limited in support of this OPA/ZBA application.
Transportation Services offer the following comments.
Development proposal
The applicant is proposing to develop a 25 -storey mixed use building with 336 units and 327 mZ (3523 ft2) of ground
floor commercial space. Vehicle access is provided by one full moves access along Weber Street East (Regional Road
8). A total of 14 parking spaces are being proposed and the development is located within the urban growth centre
(UGC).
Parking supply analysis
The applicant is proposing to provide a total of 14 parking spaces for all uses (residential & commercial). The results
of Paradigms analysis of zoning by-law requirements in other municipalities, ITE rates and auto ownership resulted
in an estimated residential maximum parking demand range of 0.00 to 0.68 spaces per unit, which equates to 0 to
229 parking spaces, while the commercial demand is between 0 to 6 parking spaces. It should be noted that the
upper range data collected for the residential use was prior to the ION opening in June 2019. It is anticipated that
the rates would be reduced given the likely partnership between a mixed-use building with over 300 units.
Should visitors and residents choose to drive to this development, there are seven parking lots/parking garages
located within 500m that offer daily and monthly parking options.
It should be noted that while the City of Kitchener 2019-051 zoning by-law is not in effect within the UGC, no
minimum parking is required for residential or visitor parking. This development proposes a total of 14 parking
spaces, which would be over the minimum parking requirements.
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. Less than 400m from this development there are several Grand River Transit
(GRT) routes and ION light rail. These alternative modes of transportation offer connectivity to a broader transit
network throughout the Region of Waterloo and within Kitchener itself. The applicant is providing subsidized transit
Page 71 of 93
passes for a minimum of two years to further encourage alternative modes of transportation as their primary means
of travel.
The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are
provided on both sides of roadways in the surrounding area which provide connections to the Kitchener Market,
restaurants, retail and employment opportunities.
There are existing cycling opportunities in the area, as well as future cycling connections to the downtown cycling
grid. To encourage cycling and take advantage of these opportunities in the area, the applicant must provide the
minimum amount of bike parking noted below, which totals 344 spaces. The applicant is proposing to provide 414
bike parking spaces.
• Class A — 336 residential, 1 non-residential
• Class B — 6 residential, 1 non-residential
Vehicle parking must be unbundled and offered at a separate cost to leasing or owning a unit. This approach is more
equitable and effective as tenants are not forced to pay for parking that they do not need.
Car sharing is another option available that allows someone to rent a vehicle that is intended to substitute the
ownership of a personal private vehicle. This makes vehicle use affordable for occasional use. There is a car sharing
station located less than 250m from this development.
AutoTURN swept path analysis
In Appendix B of Paradigm's report, the following Transportation Association of Canada (TAC) design vehicles as
noted below were reviewed for loading/garbage.
• TAC Medium Single Unit (MSU) - acceptable
• TAC Light Single Unit (LSU) - acceptable
• TAC Passenger Vehicle (P) - acceptable
• City Refuse Wayne Titan - acceptable
Conclusion
Paradigms analysis spoke to unbundled vehicle parking, convenient access to serval GRT and ION routes, pedestrian
walkability, cycling infrastructure, secure bike parking, and City of Kitchener policies to promote and encourage
alternative modes of transportation. Therefore, based on the analysis, Transportation Services supports the
proposed parking supply of 14 spaces.
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.sellero)kitchener.ca
Page 72 of 93
Craig Dumart
From: Brandon Coveney <planning@wrdsb.ca>
Sent: Tuesday, July 18, 2023 2:51 PM
To: Craig Dumart
Cc: Planning; Christine Kompter
Subject: Re: [Planning] Circulation for Comment - 83-87 Weber Street East (OPA/ZBA)
July 18, 2023
Re: Circulation for Comment - 83-87 Weber Street East (OPA/ZBA)
Municipality: Kitchener
Location: 83-87 Weber St N
Owner/Applicant: Brigade Holdings Corporation
Hi Craig,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes
amendments in order to facilitate the construction of a 25 storey mixed-use tower including 336 residential
units. The WRDSB offers the following comments:
Student Accommodation
At this time, the subject lands are within the boundaries of the following WRDSB schools:
® Suddaby PS (Junior Kindergarten to Grade 6);
® Courtland Avenue PS (Grade 7 to Grade 8); and
® Cameron Heights Cl (Grade 9 to Grade 12).
The WRDSB's 2020-2030 Lore -Term Accommodation Plan provides information on student enrolment and
accommodation at these schools. Portable classrooms may be located on-site to provide additional capacity on
an interim basis.
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.
Please be advised that Student Transportation Services of Waterloo Region (STSWR)'s school buses will not
travel privately owned or maintained right-of-ways 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 right-of-ways.
Education Development Charges
Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's
Educatlon Development CharoiEs By-law, 202`d, amended in 2022 or any successor thereof and may
require the payment of Education Development Charges for these developments prior to issuance of a building
permit.
Page 73 of 93
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.
Regards,
Brandon Coveney
Senior Planner
Waterloo Region District School Board
51 Ardelt Avenue, Kitchener ON, N2C 2R5
Email: brandon coveney(aDwrdsb.ca
On Mon, Jul 17, 2023 at 1:55 PM Christine Kompter<Christine.Kompter@kitchener.ca> wrote:
Please see attached. Additional documentation can be found in AMANDA folders 23-115952 & 23-115960 (City staff)
and Sharefile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner
(craig.dumart@kitchener.ca; 519-741-22000073).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6th 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 74 of 93
Craig Dumart
From: Planning <planning@wcdsb.ca>
Sent: Friday, August 11, 2023 2:54 PM
To: Craig Dumart
Subject: RE: Circulation for Comment - 83-87 Weber Street East (OPA/ZBA)
Good Afternoon Craig,
The Waterloo Catholic District School Board has reviewed the subject application and based on our development
circulation criteria have the following comment(s)/condition(s):
A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s)
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 N21L 4C6
519-578-3660 ext. 2355
From: Christine Kompter <Christine.Kompter@kitchener.ca>
Sent: Monday, July 17, 2023 1:56 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes
<Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Heuchert <Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Kayes
<Ellen.Kayes@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@e nova power.com>; Enova Power
Corp. - Shaun Wang <shaun.wang@enovapower.com>; GRCA - Planning (planning@grandriver.ca)
<planning@grandriver.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>; 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>; Tom Ruggle <Tom.Ruggle@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca)
<pres@wusa.ca>; Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca).
<elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Cc: Craig Dumart <Craig.Duma rt@kitchener.ca>
Subject: Circulation for Comment - 83-87 Weber Street East (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 75 of 93
Please see attached. Additional documentation can be found in AMANDA folders 23-115952 & 23-115960 (City staff)
and Sharefile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner
(craig.dumart@kitchener.ca; 519-741-2200 x7073).
Christine Kompter
Administrative Assistant I 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 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
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 76 of 93
Craig Dumart
Senior Planner
City of Kitchener
200 King Street West, 6th Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Dumart,
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 1-226-752-8622
File: D17/2/23012
C14/2/23022
August 21, 2023
Re: Proposed Official Plan Amendment OPA 23/012 and
Zoning By-law Amendment ZBA 23/022
83-88 Weber Street East
MHBC Planning Inc. (C/O Pierre Chauvin) on behalf of 83
& 87 Weber Street East, Brigade Holdings Corporation
(C/O Stephen Litt)
CITY OF KITCHENER
MHBC Planning has submitted a site-specific Official Plan Amendment and Zoning By-
law Amendment Application for a development proposal at 83-88 Weber Street East
(referred to as subject lands) in the City of Kitchener.
The applicant has proposed to demolish the existing offices located on the subject lands
to construct a 25 storey mixed-use commercial/residential tower containing approximately
336 residential rental units with three (3) ground floor commercial units. One access from
Weber Street East and 14 at -grade parking spaces have been proposed on site.
The subject lands are located in the Urban Area and designated Urban Growth Centre in
the Regional Official Plan. The site is designated Market District in the Urban Growth
Centre Downtown of the City of Kitchener Official Plan and zoned Commercial Residential
(D-5) Zone in the Zoning By-law. The Owner has requested an Official Plan
Document Number: 4459645 Version: 1
Page 77 of 93
Amendment to add a special policy to permit an FSR of 13.7. The applicant has
requested a Zoning By-law Amendment to add special use provisions to permit a
maximum FSR of 13.7; a front yard setback of 0 metres; a reduction in parking to permit
a parking ratio of 0 spaces for non-residential uses and 0 spaces for dwellings greater
than 51 square metres in size and 0.165 spaces per dwelling unit for units less than 51
square metres; and to permit a rear yard setback of 2.4 metres.
The Region has had the opportunity to review the proposal and offers the following:
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Urban Growth Centre" on Map 1
and Figure 2 of the Regional Official Plan (ROP) and the site is designated Market
District in the City of Kitchener Official Plan.
Urban Growth Centre Policies:
The subject lands are located within two strategic growth areas of the Region (Urban
Growth Centre and Major Transit Station Area. Development within the Urban Growth
Centre is intended to achieve by 2031 or earlier a minimum density target of 200
residents and jobs combined per hectare. In addition, development within Urban
Growth Centres are to accommodate significant population and employment growth that
supports the transit network at the regional scale. The development concept proposes
a higher density mixed use development that contributes to the achievement of the
minimum intensification target established for the Urban Growth Centre Area of 200
people and jobs per hectare. Furthermore, through the development, the applicant has
proposed a reduced vehicular car parking rate with increased bicycle parking that can
support access and use of the transit and cycling networks within the vicinity of the
subject lands.
Major Transit Station Area Policies:
The subject lands are located in the Frederick Station Major Transit Station Area
(MTSA). The minimum density target within the Frederick Station MTSA is 160 people
and jobs/ha over the entire station area. Regional staff understand that this
development exceeds 160 people and jobs per hectare and will contribute to the
achievement of the overall density target for the Frederick Station MTSA.
This development proposes a higher density development with apartment style housing,
in proximity to transit and sidewalks along Weber Street East that is within walking
distance to Frederick Street, where the Frederick Station is located. Higher density
mixed use developments are encouraged within MTSAs through the policy framework
contained in the ROP.
Document Number: 4459645 Version: 1
Page 78 of 93
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:
Noise Study Peer Review (Transportation and Stationary Noise):
The Environmental Noise Report entitled "Noise Feasibility Study, Proposed Mixed -Use
Development, 83-88 Weber Street East, Kitchener, ON" prepared by HGC Engineering,
dated June 20, 2023 has been received and has been sent to the region's 31d party
noise consultant for review. Comments relating to the noise study will follow under
separate cover.
Please be advised that the Region must be satisfied with the methodology, conclusions
and recommendations contained in the report. In addition, a holding provision may be
required to address noise concerns. If a holding provision is required, the required
wording of the holding provision shall be:
That a holding provision shall apply to the entirety of the subject lands until a
satisfactory detailed transportation (road) and 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 stationary
noise sources in the vicinity of the site, the potential impacts of noise (e.g. HVAC
systems) on the on-site sensitive points of reception and the impacts of the
development on adjacent noise sensitive uses.
Corridor Planning:
Official Plan Amendment and Zoninq By-law Amendment Stage:
Functional Servicing Report.
The Functional Servicing Report entitled "Site Servicing Feasibility Study, proposed
Multi -Residential Development, 83-87 Weber Street East, Kitchener", prepared by SBM
and dated June 12, 2023 is accepted at this stage (Official Plan Amendment and Zoning
By-law Amendment stage).
The report has demonstrated that detailed stormwater management will be addressed
at the detailed Site Plan stage and will be attenuated to the 5-100 year post to pre -
development flows. Please be advised that the detailed servicing plan shall require
Regional approval through Municipal Consent before final site plan approval and a
detailed stormwater management report and detailed site grading plan will be required
for review and approval by the Region.
Document Number: 4459645 Version: 1
Page 79 of 93
Parking and Access Circulation:
The."Parking study and Access and Circulation Study" prepared by Paradigm, dated
June 2023, has been reviewed and Regional staff have the following comments:
Grand River Transit (GRT) currently operates numerous transit routes along this section
of Weber Street East, with existing transit stops to the east and west of the proposed
development. These transit stops have been recently upgraded as part of the Weber
Street East road reconstruction project; therefore, please ensure no damage is made to
this infrastructure during construction (should this application move forward).
Furthermore, GRT staff generally support the provision of an unbundled parking and
surplus bike parking as impactful Transportation Demand Management (TDM) and
transit -supportive measures for the site. Regional staff respectfully request the TDM
checklist (Appendix D) to the TIS as it was not included in the circulation.
In addition to the above, Regional staff note that Subsidized Transit Passes were listed
in the report as a potential TDM measure and the Region wishes to advise the applicant
and City that providing Subsidized Transit Passes incurs significant financial and
administrative costs and requires a commitment from the Owner/Applicant to manage,
administer and fund the total cost of monthly transit passes for residents. If this is to be
considered by the applicant and accepted by the City, further consultation and
confirmation of expectations between the three parties (Applicant, City and GRT staff at
the Region) is required as soon as possible.
Car share was also included as a potential TDM measure. The most established car -
sharing program in Waterloo Region is Communauto. Communauto requires a
business agreement with the property owner to launch this program on site. Please
contact Janet MacLeod at imacleod c@communauto.ca should you have pursue this
option.
Site Plan Application Stage:
Regional Road Dedication:
The subject lands have direct frontage on Weber Street East (RR# 8) and Weber Street
East has a designated road width of 26.213 (86ft) in accordance with Schedule "A" of
the Regional Official Plan. The existing Weber Street East right-of-way measures
approximately 18.3m (60ft); therefore a road dedication of approximately 3.96m (13ft)
shall be required across the frontage of 87 Weber Street East as the road dedication
has already been completed at 83 Weber Street East.
Document Number: 4459645 Version: l
Page 80 of 93
Please be advised that the exact amount of land to be dedicated through a road
widening shall be determined by an Ontario Land Surveyor (OLS) in consultation with
the Region's Transportation Planner.
Please ensure that if a Record of Site Condition is required by the City of Kitchener, the
RSC shall exclude the road dedication along 87 Weber Street East.
Access Permit/Access Regulation:
The existing properties currently obtain vehicular access to Weber Street East via two
full movement access locations; one at 83 Weber Street East (which is shared with 79
Weber Street East) and one at 87 Weber Street East. The development concept
provided with the application proposes a single, full -movement access to Weber Street
East at the north end of the property. Regional staff have no objection to the proposed
full moves vehicular access, however, the Region requires the proposed access to meet
minimum offsets identified in the Regional Access Policy as all Regional Roads are
controlled via By-law# 58-87 and Policy found here:
haps://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial-
Access -Permit -Application.
Stormwater Management Report and Site Grading:
A detailed Stormwater Management Report and detailed Site Grading Plan shall be
required at the site plan application stage.
Access Permit/Access Regulation:
Region of Waterloo Access Permits shall be required for any approved access location
to Weber Street East. The application for a new access can be found on the Region's
website here: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-
Forms/Commercial-Access-Permit-Application. Please be advised that the access must
be designed and constructed in accordance with the Region's Access Policy and By-law
including the throat width, curb line width, proximity to adjacent access locations and the
angle of the access at the centerline compared to the roadway. In addition, please be
advised that there is a $230.00 fee for each access permit (new access) with no fee for
the closure of existing accesses.
Site Plan Review Fee:
The Region shall require a site plan review fee of $805.00 at the site plan application
stage.
Rection of Waterloo International Airport and NAV Canada:
Although the subject lands are located outside of the Region of Waterloo International
Airport, NAV Canada requires to be notified of any buildings or construction cranes
above 30.48m (100ft) above ground level; therefore, the developer shall complete and
Document Number: 4459645 Version: 1
Page 81 of 93
submit a Land Use Submission Form to their office. The form can be found here:
https://www.navcanada.ca/en/aeronautical-information/land-use-program.aspx
Please note that an application is required for the crane.
Regional Cultural Heritage
Please be advised that if archaeological resources are discovered during development
or site alteration, the applicant must immediately cease alteration/development and
contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is
determined that additional investigation and report of archaeological resources is
needed, a licensed archaeologist will be required to conduct this field work in
compliance with s. 48(a) of the Ontario Heritage Act.
If human remains/or a grave site is discovered during development or site alteration of
the subject property, the applicant must immediately cease alteration and must contact
the proper authorities (police or coroner) and the Registrar at the Bereavement
Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act,
2002 S. 96 and associated Regulations.
Housing Services
The following Regional policies and initiatives support the development and
maintenance of affordable housing:
® Regional Strategic Plan
® 10 -Year Housing and Homelessness Plan
a Building Better Futures Framework
® Region of Waterloo Official Plan
The Region supports the provision of a full range of housing options, including
affordable housing. Should this development application move forward, staff
recommend that the applicant consider providing a number of affordable (as defined in
the Regional Official Plan) housing units on the site. Rent levels and house prices that
are considered affordable according to the Regional Official Plan are provided below in
the section on affordability.
In order for affordable housing to fulfill its purpose of being affordable to those who
require rents or purchase prices lower than the regular market provides, a mechanism
should be in place to ensure the units remain affordable and establish income levels of
the households who can rent or own the homes.
Staff further recommend meeting with Housing Services to discuss the proposal in more
detail and to explore opportunities for partnerships or programs and mechanisms to
support a defined level of affordability.
Document Number: 4459645 Version: 1
Page 82 of 93
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
$1,470
which do not exceed 30 percent of gross
$385,500
annual household income for low and
moderate income households
Bachelor: $950
Housing for which the purchase price is
1 -Bedroom: $1,134
at least 10 percent below the average
$576,347
purchase price of a resale unit in the
3 -Bedroom: $1,538
regional market area
4+ Bedroom: $3,997
`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 $385,500.
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
least expensive of
A unit for which the rent does not exceed
30 per cent of the gross annual
$1,470
household income for low and moderate
income renter households
A unit for which the rent is at or below the
Bachelor: $950
average market rent (AMR) in the
1 -Bedroom: $1,134
regional market area
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 rental unit to be deemed affordable, the average rent for the proposed
units which have fewer than 3 bedrooms must be at or below the average market rent in
the regional market area as shown above. For proposed units with three or more
bedrooms, the average rent for the units must be below $1,470.
Fees:
The Region acknowledges receipt of the Official Plan Amendment and Zoning By-law
Amendment review fees totalling $10,000 (deposited August 17, 2023).
Follow Up:
As indicated above, the Environmental Noise Study has been sent to the Region's 3rd
party reviewer and comments will be sent under separate cover. The Region must be
satisfied with the methodology, conclusions and recommendations contained within the
report in order to provide final comments on the above development applications.
Document Number: 4459645 Version: 1
Page 83 of 93
In addition, Regional staff require the TDM Checklist for review.
Conclusions:
Subject to acceptance of the Noise study and TDM measures, Regional staff Regional
staff require the implementation of the following within the site-specific Zoning By-law
Amendment to the satisfaction of the Regional Municipality of Waterloo:
1. The implementation of a holding provision to obtain an Environmental Noise Study,
including Transportation and Stationary Noise to the satisfaction of the Regional
Municipality of Waterloo. The required wording for the Holding Provision is:
That a holding provision shall apply to the entirety of the subject lands until a
satisfactory detailed transportation (road) and 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 stationary
noise sources in the vicinity of the site, the potential impacts of noise (e.g. HVAC
systems) on the on-site sensitive points of reception and the impacts of the
development on adjacent noise sensitive uses.
Next Steps:
Please be advised that 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.
Further, 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. MHBC Planning Inc. C/O Pierre Chauvin (Applicant)
83 & 87 Weber Street East, Brigade Holdings Corporation C/O Stephen Litt (Owner)
Document Number: 4459645 Version: 1
Page 84 of 93
Craig Dumart
From:
Cindy P <
Sent:
Tuesday, July 25, 2023 10:27 AM
To:
Craig Dumart
Cc:
Aislinn Clancy
Subject:
83-87 Weber Street East
s;
You don't often get email from c am why this is important
Good morning Mr. Dumart.
Last week I received the postcard about the proposed development at 83-87 Weber Street East here in
Kitchener. I've really thought about the information given and while I think the idea of housing is a good one
can't help but see the parking pitfall.
I know there is a big push for environmental sustainability and I think it's great that the proposed information
says there will be 414 bicycle parking spaces but I think that is highly unrealistic. The idea of only 14 vehicle
parking spaces for 336 dwelling units isn't practical especially when there are zero grocery shopping options in
the downtown core. This is just going to end up overburdening current parking lots because it doesn't say this
will be geared to income affordable housing so to assume that at least 1/3 of the residents won't need to drive
to get to work is idealistic and extremely short sighted. If planning to have businesses also in the building - it
will hamper their business to not have customer parking available.
think it's a great idea to have the safe and secure bike parking - I mean, almost every person I know has had
at least one bike stolen so protecting your investment matters a lot. You can still push environmentally
friendly transportation options and charge extra for the option of a vehicle parking space. Ruling out the
parking will just cause issues of people trying to park on streets around the building - or are you .going to
increase parking enforcement all around the area? I personally can't imagine moving into a place where there
isn't even somewhere for my visitor's to park (14 spaces for 336 dwellings means that 4% of units would have
a potential spot for a guest to park in), that doesn't even begin to hit numbers because it's rare that anyone
can afford to live alone so there could be an average of 672 people living in this proposed building - bringing
that number to maybe 2% of residents having access to a parking spot - even temporarily.
I do think it's a nice looking building and the living space is needed but to think you can do away with parking
and cars is naive and extremely shortsighted. It's also wiping out a steady revenue stream which can help you
make up the cost of adding in the parking area. I believe the average parking spot rental in downtown
Kitchener is about $150/month. Having 100 parking spaces rented at $125 a month is $12,500 in revenue
each month. The $125 + tax is based on the underground parking at 40 Weber building up the street from the
proposed site.
Thank you for your time and I hope you have a wonderful day.
Sincerely,
Cindy Peloquin
Page 85 of 93
Craig Dumart
From:
Sent:
To:
Subject:
f:
You don't often get email frorr
Hi Craig and Aislinn,
Marko Savic
Friday, July 28, 2023 2:29 PM
Craig Dumart; Aislinn Clancy
83-87 Weber St E
My name's Marko, I am the owner/resident
development at 83-87 Weber St E.
why this is important
and received the postcard about the proposed
This is adjacent to my backyard, so I have some questions for planning and council to consider for this development.
Overall I am pro -density in downtown, so my concerns aren't around density but how density can address the housing
and affordability crisis, and the city's plan for the Market District overall.
I reviewed the submitted proposal files on the City's website before providing this feedback.
• This proposal looks like Vive is re -using another one of their proposals to change the zoning in order to flip the
land, so it's hard to take this proposal at face value for any criticism
• The 8 -floor podium feels very imposing
• I'm glad to see a mix of 3 -bedroom units, which seems to be a missing middle in downtown, assuming this is a
real proposal
This will not help affordable housing at all, as Vive is a for-profit, high rent landlord — I'm not sure if they are
contributing to any affordable housing initiative as part of their re -zoning request
• 1 am pro-transit/cycling/pedestrian infrastructure (I sold my car and I walk everywhere), but the extreme lack of
parking is going to create a substantial impact on the neighbourhood, particularly with all of the surrounding
roads being converted to bike paths and Duke becoming one-way. Regardless of whether it attracts car -free
residents, 336 units will have more than 14 visitors on a daily basis. I imagine this will have a substantial impact
on the Kitchener Market and Market Square (Conestoga) parking garages now.
• The retail makes no sense with the lack of parking and how busy Weber St., is as a vehicle corridor. There are
already vacancies in the King/Cedar area, additional retail opening in the Drewlo towers, and the retail proposed
on Scott St. was converted to amenities. There's a way to set up retail for success in this location, but this
proposal is not it.
• The density of the tower, the height, and the lack of parking are going to set a precedent for the rest of the block
that is currently for sale (Weber & May PI. to Cedar). Whether City planning/council wants that to happen or
not, if this is approved as is it will increase the likelihood of another developer going big and if denied by the
city, pushing for an OLT ruling in favour of density (similar to what recently happened on Victoria & Park, though
at least that's a nice looking building and appropriate for that area of downtown). Again, I'm in favour of density,
but the planning for this section should be done holistically and not on a proposal -by -proposal basis.
• If this is approved, it means it's going to create a substantial change to the "market district." If that goal the City
has for this area remains a "market village" vibe, that will disappear. If the City were to take inspiration from
European cities with market neighbourhoods, 6-8 stories seems to be the style that works best. That seems to
be the case for the property being developed at King/Eby, the 3 -story townhomes proposed on Cedar, and the
upcoming redevelopment on the other Cedar St. Properties. It's going to be quite a strange setup around the
market to have homes like mine on Duke with 25 story towers directly behind them. Unless the city plans to
support the redevelopment of Duke to medium -density later, the scale of the neighbourhood is going to be very,
very weird. Whether the density is right for the area or not isn't my concern, but the shape of the
Page 86 of 93
neighbourhood is going to be pretty nonsensical if the zoning for this Duke/Cedar/Weber block isn't considered
together.
Given the focus of the proposal on bicycle parking, and lack of bicycle infrastructure and high levels of high
speed vehicle traffic on Weber, it seems it would make sense for the plan to connect onto Duke through a
pedestrian/bike pathway — I imagine that will happen organically through the Racquet Club parking lot, which I
doubt they are going to like.
If the City wants this level of density in this part of downtown, I can get behind it, but I would ask that the overall
neighbourhood redevelopment be considered. If this is approved as is, the City will lose control over the rest of the
redevelopment by setting precedent for this height, on this block, which is far outside the City's official plan. The
Kitchener Market is great, and the idea (still to form) of a market village is very cool, but this would change that
substantially.
Really, the City just needs a plan for this area. For example, I wanted to open a bakery in my home (perfect for the
market village vibe) but that's not allowed in the zoning plan today, which makes absolutely no sense (given my front
door looks at the Market). Then given all the redevelopment uncertainty, I'm not sure it's worth the investment in a
zoning variance and renovation if this whole neighbourhood is going to become generic 25 story towers, under
construction for the next 5-10 years.
Hope that's helpful,
Marko
Page 87 of 93
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