HomeMy WebLinkAboutDSD-2023-299 - Official Plan Amendment Application OPA23/007/K/CD - Zoning By-law Amendment Application ZBA23/011/K/CD - 417 King Street West, Vanmar Developments 417 King GP Corp.Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: October 30, 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 9
DATE OF REPORT:
REPORT NO.:
October 4, 2023
DSD -2023-299
SUBJECT: Official Plan Amendment Application OPA23/007/K/CD
Zoning By-law Amendment Application ZBA23/011/K/CD
Address: 417 King Street West
Owner: Vanmar Developments 417 King GP Corp
RECOMMENDATION:
That Official Plan Amendment Application OPA/23/007/K/CD for Vanmar
Developments 417 King GP Corp requesting a land use designation change from
`Innovation District' to `Innovation District with Specific Policy Area No. 8' to permit
a 55 -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 -2023-299 as Appendix `A', and accordingly forwarded to the
Region of Waterloo for approval; and
That Zoning By-law Amendment Application ZBA23/01 1 /K/CD for Vanmar
Developments 417 King GP Corp 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 417 King Street West. 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.
Page 581 of 668
o installation of two 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 July 11, 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 October 13, 2023.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
Planning staff is recommending approval of the requested Official Plan Amendment
Application to add Specific Policy Area 8 to Map 4 and Policy 15.D.2.71 to the text in the
Official Plan to allow for an increased Floor Space Ratio (FSR) of 23. Planning Staff is
recommending approval of the requested Zoning By-law Amendment Application to
change the zoning from `Warehouse District Zone (D-6) with Special Regulation Provision
122R and Special Use Provision 142U" to "Warehouse District Zone (D-6) with Special
Regulation Provision 804R and Special Use Provision 486U' 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 109H
to require an updated Urban Design Brief and an updated noise study prior to final site
plan approval. Staff recommends that the applications be approved.
BACKGROUND:
Vanmar Developments (417 King GP Corp) 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 417 King Street West to permit the lands
to be developed with a 55 storey mixed use development with 622 residential units and
two (2) ground floor commercial units. The proposed development includes parking
located underground, and internal to the building in the podium above the ground floor.
The lands are within the Urban Growth Centre, designated `Innovation District' in the City
of Kitchener Official Plan and are zoned as `Warehouse District Zone (D-6) with Special
Regulation Provision 122R and Special Use Provision 142U' in Zoning By-law 85-1.
Existing Warehouse District Zone (D-6) zoning permissions include:
• Commercial and light industrial uses;
• Maximum floor space ratio of 2.0;
• Rear yard setback of 7.5 metres; and
• Maximum front yard setback of 2.0 metres.
Special Regulation Provision 122R exempts parking from existing uses in buildings that
existing prior to 1992.
Special Use Provision 142U regulates a maximum gross leasable space of 1,000 square
metres.
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Site Context
The subject lands are addressed as 417 King Street West and are situated within the City
of Kitchener's Urban Growth Centre (Downtown). The subject lands are located at the
southern side of the block bound by King Street West, Francis Green (a City -owned
parkette) and Halls Lane. The subject property has a lot area of 0.28 hectares (0.69 acres)
with 56 metres of frontage along King Street West and Halls Lane West. 417 King Street
West is currently developed with a 1 storey commercial building (former location of Ziggy's
Cycle) with a surface parking lot. The subject lands do not contain any residential units
and directly abut Francis Green to the southeast and a 19 -storey mixed use development
located (1 Victoria condominium) to the northwest of the subject lands. The surrounding
neighbourhood consists of a variety of uses including mid -rise and high rise mixed-use,
commercial uses, and institutional office buildings.
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Figure 1 — Location Map: 417 King Street West
REPORT:
The applicant is proposing to develop the subject lands with a with a 55 -storey mixed use
development with a proposed Floor Space Ratio (FSR) of 23. The proposed development
includes one building with a 49 -storey tower on top of a 6 -storey podium. The high rise
mixed use building proposes a total of 622 residential units with 184 parking spaces
located within 1 level of underground parking and 1 level of parking internal to the building.
622 Class A bicycle parking spaces are proposed along with 6 Class B visitor bicycle
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spaces. Primary vehicular access is proposed from Hall Lane. One of the ground floor
commercial units and the residential lobby is proposed at grade along King Street West
and one ground floor commercial unit is proposed facing the Francis Green Parkette.
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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Figure 2 — Development Concept Site Plan
Page 584 of 668
Development Concept
Number of Units
622 residential dwelling units, 2 ground floor commercial
units
Parking Spaces
184 parking spaces
Building Height
55 storeys
Class A (indoor secured)
1 per unit (622)
Bicycle Parking
Class B (outdoor visitor)
6
Bicycle Parking
Electric Vehicle Ready
36
Parking Stalls
Floor Space Ratio
23
Unit Types
297 — 1 -bedroom units
229 - 1 bedroom plus den units
96 — 2 -bedroom units
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Figure 2 — Development Concept Site Plan
Page 584 of 668
To facilitate the redevelopment of 417 King Street West 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 and zoning permit a maximum Floor Space Ratio (FSR) of 3.0. The lands are
currently designated `Innovation District' (Map 4, Urban Growth Centre) in the City of
Kitchener Official Plan and zoned `Warehouse District Zone (D-6) with Special Regulation
Provision 122R and Special Use Provision 142U' in Zoning By-law 85-1. The current land
use designation and zoning have been in place since the early 1990s which do not align
with the planned function of the Downtown, to accommodate density appropriate for a
central Major Transit Station Areas (MTSAs), and recently approved developments that
are newly constructed or under development.
The owner is proposing to add Specific Policy Area 8 to Map 4 and Policy 15.D.2.71 to the
text in the Official Plan to allow for an increased Floor Space Ratio (FSR) of 23 and
requested to change the zoning from `Warehouse District Zone (D-6) with Special
Regulation Provision 122R and Special Use Provision 142U' to `Warehouse District Zone
(D-6) with Special Regulation Provision 804R and Special Use Provision 486U' in Zoning
By-law 85-1, to allow for a FSR of 23; regulate parking and bicycle parking requirements;
and to further regulate building setbacks. Holding Provision 109H 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 onsite amenity to the satisfaction of the City of Kitchener's Director of Planning.
The Holding 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 is
completed to the satisfaction of the Region of Waterloo.
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Figure 3 — Proposed Building
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Rendering: The front elevation along King Street West
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Planning Analysis:
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the
Minister, the council of a municipality, a local board, a planning board and the Tribunal, in
carrying out their responsibilities under this Act, shall have regard to, among other matters,
matters of provincial interest such as,
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, as it 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
integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
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To support provincial policies relating to the optimization of infrastructure, transit and
active transportation, the proposed designation and zoning facilitate a compact form of
development which efficiently uses the lands, is in close proximity to transit options
including bus, 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 planned function of the area and 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:
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;
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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 Central Station. The Region of Waterloo commenced the Regional
Official Plan Review project and as part of that work, revised MTSA boundaries were
approved in August 2022. The subject lands are within the Central Station 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 Central Station (MTSA) in the ROP. The minimum
density target within the Central Station MTSA is 160 people and jobs/ha. The density
proposed through this application exceeds the density target of 160 people and jobs/ha on
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a site specific basis and the proposed development will contribute to the achievement of
the overall density target for the Central Station 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.
Planning staff are of the opinion that the applications conform to the Regional Official Plan.
Airport Zoning Regulations
The subject lands are located outside of the federally regulated Airport Zoning Regulation
(AZR). Prior to construction of any buildings and installation of the stationary crane for
construction, the owner is required to submit Land Use Proposal Submission Forms for
Land Use and Cranes to NAV CANADA and an Aeronautical Assessment Form to
Transport Canada for review of the proposed tower and temporary cranes and to evaluate
the impacts to flight paths.
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 622 residential units
and 730 square metres of non-residential commercial and retail space. Considerable
thought for the orientation and placement of the building, podium height, building step
backs, and vehicular and pedestrian connections to Francis Green, King Street, and Halls
Lane 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
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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. 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 Citywide 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 Central Station Area and within 400 metres of both the Central
and Victoria Park 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 not only complies with the City's policies for
the UGC and MTSA but also contributes to the vision for a sustainable and more
environmentally friendly city.
Land Use
The subject lands are designated `Innovation District' (Map 4, Urban Growth Centre) in the
City of Kitchener Official Plan. The Innovation District is characterized by a mix of high rise
and medium residential, mixed use, commercial and office buildings and old large
industrial buildings which either have been converted to loft style office, residential and
other viable uses or have the potential to do so. This area of the city is expected to evolve
and transform into a dense urban contemporary setting with continued growth in the high-
tech industry coupled with the research office uses affiliated with the nearby post-
secondary institutions. The primary uses permitted in the Innovation District include
offices, particularly research and high-tech offices institutional uses and residential uses.
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Policies 15.D.2.50 to 15.D.2.52 of the City of Kitchener's Official Plan encourage growth in
this area to occur by permitting a full range of complementary commercial uses and
encouraging high density residential uses.
The applicant is proposing to add Specific Policy Area 8 to the Urban Growth Centre,(Map
4) to allow a Floor Space Ratio (FSR) of 23 whereas the current Official Plan policies 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 Report 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 direction on a draft approach to growth and change have been drafted by staff
and is currently available public for consultation. 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.
Staff have drafted the recommended special 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 Scorecard was submitted and
has been reviewed by City staff. The Urban Design Scorecard outlines the vision and
principles guiding the site design and informs the proposed zoning by-law regulations. An
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urban design report 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 onsite amenity for future
residents. Detailed design will be reviewed through the site plan design and approvals
process and an updated urban design report will be required prior to removal of the
Holding Provision.
Streetscape — The King Street frontage and side yard abutting Francis Green (city owned
parkette) 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. Staff are recommending a
Holding Provision apply to the subject land demonstrating a high quality of urban design
that contributes positively to the public realm and streetscapes. Through the Site
Plan approval process staff will work with the applicant to further enhance the podium
design and further active 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 "Compact Slab" as the proposed tower floor
plate is less than 850 square metres in area. The tower placement has been oriented
towards King Street with a 6 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.
Shadow Impact Study
The owner has completed a Shadow Impact Study in addition to the Urban Design
Report. Staff have reviewed the study and are satisfied the shadow study meets the City's
requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban
Design Manual. Shadows for compact slab buildings are longer and narrower, meaning
there are further off-site impacts, but the impacts are shorter for all off-site properties.
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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 is necessary to mitigate wind.
Tall Building 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 meet the
overall intent of the City's Design for Tall Building Guidelines. More specifically, the
proposed development generally meets the offsite 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 station stops the Central Station and the Victoria Park ION stop. 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
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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
available in the city. The development is contemplated to include a range of unit types
including, one, one plus den and two-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 `Innovation
District' to `Innovation District with Specific Policy Area 8'. Based on the above -noted
policies and planning analysis, staff is of the opinion that the proposed Official Plan
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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 `Warehouse District Zone (D-6)' in Zoning By-law 85-1. The
existing zoning permits a range of commercial and light industrial uses with a maximum
permitted Floor Space Ratio (FSR) of 2.0. The applicant has requested an amendment to
Zoning By-law 85-1 to change the zoning from `Warehouse District Zone (D-6)' to
`Warehouse District Zone (D-6) with Special Regulation Provision 804R, Special Use
Provision 486U and Holding Provision 109H' 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
804R and Special Use Provision 486U 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 while the proposed
special use provision proposes to add multiple dwellings and retail are permitted uses.
Staff offer the following comments with respect to the proposed Special Regulation
Provision 804R:
a) That the maximum Floor Space Ratio shall be 23.
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. The 23 FSR is appropriate
in this location and allows for a 55 storey building that meets the tall building guidelines.
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
availability in intensification areas. New UGC/MTSA zones will be established as part of
the Growing Together project later this year.
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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 rear yard setback, and side yard setback shall be 0 metres.
The purpose of this regulation is to allow the building's podium to be located right up to the
rear and side property lines. The subject lands have frontage on two public right of ways
(Halls Lane, and King Street West) which do not have a minimum yard setback when
abutting a street. The request to reduce the yard setbacks allows the podium to be built to the
property line allows for efficient and effective use of the lands.
d) No maximum gross leasable commercial space for Convenience Retail or retail shall
apply.
The purpose of this regulation is to allow for larger ground floor commercial units. Currently
two ground floor units 394.44 square metres and 335.23 square metres are proposed
however there are options for units to divided up into smaller units.
e) Geothermal Energy Systems shall be prohibited.
The Region of Waterloo has indicated Geothermal Energy Systems shall be prohibited to
mitigate the risks associated with contaminants that will remain beneath the site when the
property is redeveloped.
Staff offer the following comments with respect to the proposed Special Use Provision
486U:
a) The following new uses shall be permitted:
i. multiple dwelling
ii. retail
The purpose of this regulation is to allow residential uses and retail uses on the subject land.
The current zoning of the property does not align with the subject lands 2014 Official Plan
Designation (Innovation District) as the new downtown zoning to implement the 2014 Official
Plan has not been completed. The primary uses permitted in the Innovation District include
offices, particularly research and high-tech offices institutional uses and residential uses.
Staff offer the following comments with respect to Holding Provision 109H:
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-6' zone and special
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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 109H
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 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.
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.
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
onsite amenity for future residents is required to be provided onsite. Detailed design will
be reviewed through the site plan design and approvals process and an updated urban
design report 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 `Warehouse District Zone (D-6) with Special Regulation Provision
804R, Special Use Provision 486U and Holding Provision 109H' 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 May 2023 to all applicable City departments and other review authorities.
No major concerns were identified by any commenting City department or agency and any
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necessary revisions and updates 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, April 2023
• Wind Study
Prepared by: RWDI, April 2023
• Building Elevations and Shadow Study
Prepared by: Kirkor Architects, April 2023
• Transportation Impact Study
Prepared by: Paradigm Transportation Solutions, May 2023
• Functional Servicing and Stormwater Management Report
Prepared by: WalterFedy, March 2023
• Sustainability Statement
Prepared by: MHBC Planning, May 2023
• Heritage Impact Assessment
Prepared by: MHBC Planning, March 2023
• Noise Feasibility Study
Prepared by: HGC Engineering, April 2023
• Arborist Report
Prepared by: JK Consulting Arborists, March 2023
Community Input & Staff Responses
WHAT WE HEARD
735 addresses (occupants and property owners) were circulated
and notified
8 people/households/businesses provided comment
A City -led Neighbourhood Meeting was held on July 11, 2023, and
11 users logged on
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Staff received written responses from 8 residents with respect to the proposed
development. The comments received are included in Appendix `E'. A Neighbourhood
Meeting was held on July 11, 2023. A summary of what we heard, and staff responses are
noted below.
What We Heard
Staff Comment
Staff received numerous emails in support of the
proposed development. As noted in the staff report
Residents support the
the location is appropriate as the subject lands are
development and feel it's the
located in the heart of the City of Kitchener's
appropriate location for a
Downtown (Urban Growth Centre) which is planned
development of this scale.
for significant growth and within close proximity to
multiple ION station stops and a planned transit hub
at King and Victoria Streets.
The City of Kitchener does not regulate number of
bedrooms. While the City does not regulate the
number of bedrooms, a mix of unit types is strongly
encouraged.
In September 2022, we received new housing
census data — we know;
■ We have 99,805 dwelling units in Kitchener
61 % are 3+ bedrooms.
We also know household data now as well:
■ 58% of households have 1-2 people (26% 1
Three bedroom units should be
person, 32% 2 people)
included in the proposed
■ 15% of all dwellings are in buildings greater
development.
than 5 storeys
When a comparison is made between the household
and housing data, we have 27,000 3+ bedroom
homes which are occupied by one or two people.
This means that 44% of all large units in Kitchener
have more bedrooms than people living in the
dwelling.
The City is currently implementing a Missing Middle
study as part of the Growing Together project which
is reviewing how the City can continue to achieve a
balance of all housing types of all sizes across the
City.
Concerns the proposed
A Traffic Impact Study was submitted and reviewed
development will create traffic
by City and Regional Transportation staff who did
that existing roads can not
not identify any major traffic concerns as a result of
handle.
the proposed development.
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Victoria Park and other nearby
In addition to access to multiple parks and urban
city owned parks are at capacity
greens within walking distance, the proposed
and cannot accommodate
development includes a 7t" floor landscaped 700
additional residents.
square metre (7535 square foot) amenity terrace as
well as 900 square metre (9688 square feet) of
indoor amenity area. The City's Parkland Dedication
Policy will also require Parkland Dedication in the
form of cash in lieu at the site plan approval process.
Not enough bicycle parking is
The design was amended to provide 1 Class A
being provided.
bicycle parking spaces per dwelling unit are required
as part of the proposed By-law.
Affordable Units should be
This development is not receiving affordable housing
provided.
sponsorship. A mix of unit types and unit sizes are
proposed. The two (2) bedroom units could offer a
more affordable option for future owners/tenants who
could share some living costs.
The Innovation District land use designation does
not have a maximum building height. The proposed
height and density are justified and appropriate for
the subject lands. The subject lands are located in
the heart of the City of Kitchener's Urban Growth
Centre (Downtown), an area planned for significant
A 55 storey building is too tall.
intensification, which includes multiple high rises that
are similar in height and density which are currently
built, under construction or planned. The subject
lands are within close proximity to multiple major
transit station areas. The location of the proposed
development of this height and density is
appropriate.
The City of Kitchener's Urban Growth Centre
consists of numerous high-rises that are built or
approved to be built ranging from 10 storeys to 50
storeys. Comparable high-rise buildings in height
that are built, under construction or proposed include
The building should be similar in
the following developments:
height to what is built now in the
DTK (60 Frederick St) - 39 Storeys (built)
downtown.
Charlie West (60 Charles St W) - 31 Storeys (built)
20 Queen Street -.34 Storeys (under review)
Station Park (607 King St W), 18 (built), 28 (built), 36
(under construction), 40 and 50 storeys (under
review)
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10 Duke Street — 45 Storeys (final site plan approval
issued
30 Francis Street — 45 Storeys (under construction)
88 Queen Street — 45 Storeys (under review)
50 Borden — 51 and 57 Storeys (under review)
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment
and Zoning By-law Amendment to permit the development of a mixed used development
at 417 King Street West. 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 — The recommendation has no impact on the Operating Budget. These
applications were received prior to July 1, 2023, and therefore not subject to fee refund
provisions in the Planning Act.
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 May 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 October 13, 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 May
23, 2023. In response to this circulation, staff received written responses from 10
members of the public, which were summarized as part of this staff report. Planning staff
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also had one-on-one conversations with residents on the telephone and responded to
emails.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Regional Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 85-1
REVIEWED BY: Tina Malone -Wright —Supervisor of Development Applications
Garett Stevenson - Manager of Development Review
APPROVED BY: Justin Readman - 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
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AMENDMENT NO. XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
417 King Street West
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AMENDMENT NO.XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
417 King Street West
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 30, 2023
APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives
Committee October 30, 2023
APPENDIX 3 Minutes of the Meeting of City Council
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AMENDMENT NO.XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XX to the Official Plan of the City
of Kitchener (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 No. 8 to Map 4 - Urban Growth Centre (Downtown) and by adding
associated Site Specific Policy Area 15.D.2.71 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, as it 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.
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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 planned function of the area and 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
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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
boundary for the ION Central Station. The Region of Waterloo commenced the Regional
5
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Official Plan Review project and as part of that work, revised MTSA boundaries were
approved in August 2022. The subject lands are within the Central Station 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 Central Station (MTSA) in the ROP. The minimum
density target within the Central Station 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 Central Station 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.
Planning staff are of the opinion that the applications conform to the Regional Official
Plan.
Airport Zoning Regulations
The subject lands are located outside of the federally regulated Airport Zoning
Regulation (AZR). Prior to construction of any buildings and installation of the stationary
crane for construction, the owner is required to submit Land Use Proposal Submission
Forms for Land Use and Cranes to NAV CANADA and an Aeronautical Assessment
Form to Transport Canada for review of the proposed tower and temporary cranes and
to evaluate the impacts to flight paths.
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.
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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 622 residential
units and 730 square metres of non-residential commercial and retail space.
Considerable thought for the orientation and placement of the building, podium height,
building step backs, and vehicular and pedestrian connections to Francis Green, King
Street, and Halls Lane 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. 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 Citywide 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 Central Station Area and within 400 metres of both the
Central and Victoria Park 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.
Page 609 of 668
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 not only complies with the City's policies for
the UGC and MTSA but also contributes to the vision for a sustainable and more
environmentally friendly city.
Land Use
The subject lands are designated `Innovation District' (Map 4, Urban Growth Centre) in
the City of Kitchener Official Plan. The Innovation District is characterized by a mix of
high rise and medium residential, mixed use, commercial and office buildings and old
large industrial buildings which either have been converted to loft style office, residential
and other viable uses or have the potential to do so. This area of the city is expected to
evolve and transform into a dense urban contemporary setting with continued growth in
the high-tech industry coupled with the research office uses affiliated with the nearby
post -secondary institutions. The primary uses permitted in the Innovation District include
offices, particularly research and high-tech offices institutional uses and residential
uses.
Policies 15.D.2.50 to 15.D.2.52 of the City of Kitchener's Official Plan encourage growth
in this area to occur by permitting a full range of complementary commercial uses and
encouraging high density residential uses.
The applicant is proposing to add Specific Policy Area 8 to the Urban Growth
Centre,(Map 4) to allow a Floor Space Ratio (FSR) of 23 whereas the current Official
Plan policies 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 Report and until
Page 610 of 668
such time as a Noise Study has been reviewed and approved by the Region of
Waterloo.
Growina Toaether
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 direction on a draft approach to growth and change have been drafted by
staff and is currently available public for consultation. 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.
Staff have drafted the recommended special 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 Scorecard was
submitted and has been reviewed by City staff. The Urban Design Scorecard outlines
the vision and principles guiding the site design and informs the proposed zoning by-law
regulations. An urban design report 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 onsite
amenity for future residents. Detailed design will be reviewed through the site plan
design and approvals process and an updated urban design report will be required prior
to removal of the Holding Provision.
Streetscape — The King Street frontage and side yard abutting Francis Green (city
owned parkette) is activated by at -grade commercial units and the building's lobby. At
Page 611 of 668
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. Staff are
recommending a Holding Provision apply to the subject land demonstrating a high
quality of urban design that contributes positively to the public realm and streetscapes.
Through the Site
Plan approval process staff will work with the applicant to further enhance the podium
design and further active 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 "Compact Slab" as the proposed tower
floor plate is less than 850 square metres in area. The tower placement has been
oriented towards King Street with a 6 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.
Shadow Impact Study
The owner has completed a Shadow Impact Study in addition to the Urban Design
Report. Staff have reviewed the study and are satisfied the shadow study meets the
City's requirements, with respect to shadow impacts, as noted in the City of Kitchener
Urban Design Manual. Shadows for compact slab buildings are longer and narrower,
meaning there are further off-site impacts, but the impacts are shorter for all off-site
properties.
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 is necessary to mitigate wind.
10
Page 612 of 668
Tall Building 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 meet
the overall intent of the City's Design for Tall Building Guidelines. More specifically, the
proposed development generally meets the offsite 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 station stops the Central Station and the Victoria Park ION stop.
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
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.
11
Page 613 of 668
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 available in the city. The development is contemplated to include a range of unit
types including, one, one plus den and two-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
`Innovation District' to `Innovation District with Specific Policy Area 8'. 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.
12
Page 614 of 668
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.2.71 as
follows:
"15.D.12.71. 417 King Street West
Notwithstanding the Innovation District land use designation and
policies within the Urban Growth Centre, on lands municipally
known as 417 King Street West, a Floor Space Ratio (FSR) of 23.0
will be permitted.
b) Amend Map No. 4 — Urban Growth Centre (Downtown) by adding Specific
Policy Area "8. 417 King Street West (Policy 15.D.2.71)" to the `Area of
Amendment', as shown on the attached Schedule `A'.
13
Page 615 of 668
APPENDIX 1 NOTICE OF PUBLIC MEETING
NOTICE OF PUBLIC MEETING
for a development in your ne ighbourhood
417 King Street West
Ir 4M
Concept Dr&Mng
h
15 0
M i xed SS Stars,
Use 622 Dwelling
Units
Have Your Voice Heard!
Planning & Strategic Initiatives Comm ittue,
Date; October 30,2023
Locatiom Counci I Chambers.
Klt "r C Hall
King Street West
_rMrtual Zoom Iii-satl n
Liu vi Ikitchener.-ca/ eetings
and Selaet:
+ Cu"rnt agendm �,,iir,
4yja ed 16 Jf =I re rriteLirs
Appear as a -dalagartian
+'Watch a mowlr
To learn mure about this project, includir
information or y sur t apeal rlgr1ks Mr :
w-kit-chener ca/
Fklann ing#ppliut ons
Floor Space Cra ig Du mart Sen for PLa rrner
Kati o of 21 cra ig du ma t# @ ki tchen er,ca
519.741.2200 x.7073
The Uty of IFbchener will -consider applications to amend the Official Plan and Zoning
By -low to facilltati�, 1 ho fedevelopment of the lards with -a SS-st r- rnixw use Wilding
with a Floor Space Ram of 23 havirrg 622 residential units and gFound floor commercial
un its. A total of 184 vehicle panting spate -and 312 tricycle parking spate .are proposed
fif thi%,Iopincnt.
Page 616 of 668
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee —October 30, 2023
15
Page 617 of 668
APPENDIX 3 Minutes of the Meeting of City Council - DATE
16
Page 618 of 668
._,Moo,
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
— Vanmar Developments 417 King GP Corp. — 417 King Street
West)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 84 of Appendix "A" to By-law 85-1 is hereby amended by changing the
zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1,
in the City of Kitchener, attached hereto, from Warehouse District Zone (D-6) with Special
Regulation Provision 122R and Special Use Provision 142U to Warehouse District Zone
(D-6) with Special Regulation Provision 804R, Special Use Provision 486U and Holding
Provision 109H.
2. Schedule Number 84 of Appendix "A" to By-law Number 85-1 is hereby further amended
by incorporating additional zone boundaries as shown on Map No.1 attached hereto.
3. Appendix "C" to By-law 85-1 is hereby amended by adding Section 486 thereto as follows:
"486. Notwithstanding Section 17.1 of this By-law, within the lands zoned D-6 and
shown as being affected by this Subsection on Schedule Number 84 of
Appendix "A", Multiple Dwellings and Retail shall be permitted."
4. Appendix "D" to By-law 85-1 is hereby amended by adding Section 804 thereto as follows:
"804. Notwithstanding Sections 17.1,17.3 and 6.1.2 of this By-law, within the lands
zoned D-6 and shown as being affected by this Subsection on Schedule
Number 84 of Appendix "A", the following special regulations shall apply:
Page 620 of 668
i) The maximum Floor Space Ratio shall be 23.
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 UGC Zones
in Table 5-5 of Zoning By-law 2019-051.
iii) The minimum rear yard and side yard setbacks shall be 0.0 metres
iv) No maximum gross leasable commercial space for Convenience
Retail or Retail.
V) Geothermal Energy Systems shall be prohibited."
5. Appendix "F" to By-law 85-1 is hereby amended by adding Section 109H thereto
as follows:
"109H. Notwithstanding Section 17 of this Bylaw, within the lands zoned D-6
and shown as being affected by this Subsection on Schedule 84 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."
6. This By-law shall become effective only if Official Plan Amendment No. 33 (417 King
Page 621 of 668
Street West) 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 622 of 668
I\ 5
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&Ilfkol z CIO
MAP NO. 1 0 50 100
VANMAR DEVELOPMENTS 417 KING METRES
GP CORP. SCALE 1:4,000
417 KING ST W DATE: AUGUST 22, 2023
BY-LAW 85-1
C-1 CONVENIENCE COMMERCIAL ZONE
D-1 RETAIL CORE ZONE
D-5 COMMERCIAL RESIDENTIAL ZONE
D-6 WAREHOUSE DISTRICT ZONE
1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE
M-1 INDUSTRIAL RESIDENTIAL ZONE
M-2 GENERAL INDUSTRIAL ZONE
MU -1 LOW INTENSITY MIXED USE CORRIDOR
ZONE
MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR
ZONE
MU -3 HIGH INTENSITY MIXED USE CORRIDOR
ZONE
R-5 RESIDENTIAL FIVE ZONE
R-6 RESIDENTIAL SIX ZONE
R-7 RESIDENTIAL SEVEN ZONE
D-1 120R \ ZONE GRID REFERENCE
.CHEDULE84_ _ _ _ _ _ _ SCHEDULE NO. 84
OFAPPENDIX'A'
CHEDULE 85 J� KITCHENER ZONING BY-LAW 85-1 AND 2019-051
Q ZONE LIMITS
C7
ZONING BY-LAW AMENDMENT ZBA23/011/K/CD
OFFICIAL PLAN AMENDMENT OPA23/007/K/CD
City of Kitchener FILE
ZBA23011 KCD_MAP1
DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd
MU-1�OU 557
D-61,0q5Q R3�,
SUBJECT AREA(S)
D-6 105R
116U!f4T
U-2
N
AMENDMENT TO BY-LAW 85-1
141 U
AREA 1 -
D-
FROM WAREHOUSE DISTRICT ZONE (D-6)
6105R,
WITH SPECIAL REGULATION PROVISION 122R
16U,
AND SPECIAL USE PROVISION 142U
D-6 10
TO WAREHOUSE DISTRICT ZONE (D-6)
D-6 OH
D- 10 R
WITH SPECIAL REGULATION PROVISION 804R
10
3 U
AND AL USE PROVISION 86U
16
03' S-(N
AND HOLDING
ING PROVIISIION 109H
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423R
428U, \J
42H 626R AR Al
-6
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776R 703R
D-6
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104R
&Ilfkol z CIO
MAP NO. 1 0 50 100
VANMAR DEVELOPMENTS 417 KING METRES
GP CORP. SCALE 1:4,000
417 KING ST W DATE: AUGUST 22, 2023
BY-LAW 85-1
C-1 CONVENIENCE COMMERCIAL ZONE
D-1 RETAIL CORE ZONE
D-5 COMMERCIAL RESIDENTIAL ZONE
D-6 WAREHOUSE DISTRICT ZONE
1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE
M-1 INDUSTRIAL RESIDENTIAL ZONE
M-2 GENERAL INDUSTRIAL ZONE
MU -1 LOW INTENSITY MIXED USE CORRIDOR
ZONE
MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR
ZONE
MU -3 HIGH INTENSITY MIXED USE CORRIDOR
ZONE
R-5 RESIDENTIAL FIVE ZONE
R-6 RESIDENTIAL SIX ZONE
R-7 RESIDENTIAL SEVEN ZONE
D-1 120R \ ZONE GRID REFERENCE
.CHEDULE84_ _ _ _ _ _ _ SCHEDULE NO. 84
OFAPPENDIX'A'
CHEDULE 85 J� KITCHENER ZONING BY-LAW 85-1 AND 2019-051
Q ZONE LIMITS
C7
ZONING BY-LAW AMENDMENT ZBA23/011/K/CD
OFFICIAL PLAN AMENDMENT OPA23/007/K/CD
City of Kitchener FILE
ZBA23011 KCD_MAP1
DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd
NOTICE OF PUBLIC MEETING 1
for a development in your neighbourhood
417 King Street West X � IKITcFTNER
Concept Drawing
Mixed 55 Storeys, Floor Space
Use 622 Dwelling Ratio of 21
Units
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: October 30, 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 to amend the Official Plan and Zoning
By-law to facilitate the redevelopment of the lands with a 55 -storey mixed use building
with a Floor Space Ratio of 23 having 622 residential units and ground floor commercial
units. Atotal of 184 vehicle parking spaces and 312 bicycle parking spaces are proposed
for the development. Page 624 of 668
City of Kitchener - Comment Form
Project Address: 417 King Street West
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: June 26, 2023
Date of comments: June 13, 2023
1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application•
i Sustainability Statement 417 King Street West, prepared by MHBC, dated May 5, 2023.
2. Comments & Issues:
I have reviewed the supporting documentation (as listed above) to support a site plan application
proposing a 55 -storey mixed use building, containing 622 residential units, 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.
- 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 development proposes several sustainable measures including:
o The utilization of existing servicing
o The consideration to encourage greater public transit use
o Building orientation for southern exposure reducing heating requirements
o On-site garbage, recycling, and compost
o Roof design to support future Solar Panel installation
o On-site secure bike parking promoting active transportation
o Electric vehicle parking spaces, fitted with re -charge stations
o Measures to preserve rainwater for irrigation
Potential items for consideration are:
o Building envelope (wall, roof, and window thermal performance) designed beyond
OBC requirements
Page 625 of 668
o Use of alternative water supply and demand management systems such as
rainwater, harvesting and grey water reuse, or readiness of the development to
incorporate such systems in the future
o Measures to incorporate net zero emissions or LEED standards
o Installing white or light-colored material on the roof to reduce heat island effects
and reduce cooling requirements
o Use low or no VOC paints and finishes to minimize air pollutants in interior materials
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.
3. Policies, Standards and Resources:
® Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and
appropriate, alternative energy systems, renewable energy systems and district energy in
accordance with Section 7.C.6 to accommodate current and projected needs of energy
consumption.
e Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage
orientation of streets and/or lot design/building design with optimum southerly exposures. Such
orientation will optimize opportunities for active or passive solar space heating and water heating.
® Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate,
to the satisfaction of the City, energy is being conserved or low energy generated.
® Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the
necessary infrastructure for district energy in the detailed engineering designs where the
potential for implementing district energy exists.
4. Advice:
➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable
Development category. Also, there are community-based programs to help with and celebrate
and recognize businesses and sustainable development stewards (Regional Sustainability
Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability-
initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise).
➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under
'Planning Resources' at ... https://www.kitchener.ca/SustainabilitVStatement
Page 626 of 668
City of Kitchener
Pre -submission Application Comment Form
Project Address: 417 King St W
Date of Meeting: NA
Application Type: ZBA / OPA
Comments Of: Development Engineering
Commenter's Name: Eric Riek '
%/,
Email: eric.riek@kitchener.ca
Phone: 519-741-2200 ext. 7330
%j
Date of Comment: jo,,,
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
❑ I do NOT plan to attend the meeting (no concerns)`-%
1. Site Specific Comments & Issues: V
'o
• No specific concerns:;, %,/�
2. Plans, Studies and Reports to subniit,,as part of a complete Planning Act Application:
Zoning Bylaw Am'. endment: %'%,,
'''0 ''o '"oo.
• No concerns with the Functional Servicing Report, sanitary capacity is available and water
distribution reportA acceptable.
i,,. /�%
• Stormwater Management may be addressed through the Site Plan Approval process.
000
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 627 of 668
City of Kitchener
Heritage — OPA/ZBA Comment Form
Project Address: 417 King Street West
File Number: ZBA23/011/K/CD
Comments Of: Heritage Planning
Commenter's Name: Deeksha Choudhry
Email: deeksha.choudhry@kitchener.ca
Phone: 519-741-2200 ext. 7291
Date of Comments: June 12, 2023
Heritage Planning staff has reviewed the following material for the proposed development on the lands
municipally addressed as 417 King Street West to provide the comments outlined below:
• Draft Scoped Heritage Impact Assessment (HIA) dated March 23, 2023;
• Architectural Drawings for the proposed development;
• Official Plan Amendment Application;
• OPZ ZBA Submission Cover Letter dated May 5, 2023;
• Planning Justification Report;
• Zoning By-law Amendment Application.
1. Site Specific Comments:
The subject lands municipally addressed as 417 King Street West do not have any heritage status. However,
they are located adjacent to 404-410 King Street West, also known as the Kaufman Lofts, and designated
under Part IV of the Ontario Heritage Act. Furthermore, the subject property is also located within the
Warehouse District Cultural Heritage Landscape.
Section 2 of the Planning Act identifies matters of provincial interest, which includes the conservation of
significant features of architectural, cultural, historical, archaeological or scientific interest. Section 3 of the
Planning Act requires that decisions of Council be consistent with the Provincial Policy Statement (PPS).
Policy 2.6.1 of the PPS states that significant built heritage resources and significant cultural heritage
landscapes shall be conserved. Regional and municipal policies and guidelines also address the conservation
of cultural heritage resources. The Regional Official Plan contains policies that require the conservation of
cultural heritage resources. The City's Official Plan contains policies that require development to have
regard for and incorporate cultural heritage resources into development.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 628 of 668
2. Draft Heritage Impact Assessment for 1385 Bleams Road
Since the proposed development is adjacent to protected heritage property, the submission of a Scoped
Heritage Impact Assessment (HIA) was made a requirement of any planning application. A scoped HIA,
dated March 2023, and prepared by MHBC Ltd. has been submitted to the City.
The scoped HIA has concluded that the proposed development will not have any impacts on the adjacent
heritage resource. According to the HIA:
"The proposed redevelopment will not result in adverse impacts to the Kaufman Building, Lang Tanning
Building, or the surrounding CHL. The proposed development does involve excavation, which could result
in vibrations during construction. We note that the Kaufman Building was originally designed for
industrial use, which housed large and heavy machinery. The construction and materials used, including
thick concrete floors, walls and steel reinforcement, ensure that the building was built to withstand
vibrations or other intensive activities. Therefore, impacts due to vibration during construction are
unlikely."
3. Heritage Planning Comments
Heritage Planning staff provide the following comments for consideration as part of the HIA:
The HIA has not yet been circulated to Heritage Kitchener for comment and feedback. This will be
done at next available meeting.
Even if impacts from vibrations are not expected, adequate fencing should be considered to
protect the Kaufman house during construction.
A pre -construction structural assessment and a post -construction structural assessment might be
required to ensure other construction activities have not caused any damage to the building.
Heritage Planning staff also provide the following comments for consideration as part of the OPA/ZBA:
• The total height of the podium should be in keeping with the height of the surrounding, Kaufman
Lofts, and Tannery buildings.
• Additional requirements might be included as part of site plan conditions to be fulfilled prior to full
site plan approval.
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 629 of 668
Craig Dumart
From: Carrie Musselman
Sent: Wednesday, May 24, 2023 3:10 PM
To: Craig Dumart
Subject: FW: Circulation for Comment - 417 King Street West (OPA/ZBA)
Attachments: department & agency letter - 417 King Street West.pdf, OPA23007KCD_MAP4.pdf;
ZBA23011 KCD_MAP1.pdf
Hello Craig,
Environmental Planning has no concerns and/or comments regarding the proposed OPA/ZBA at 417 King Street West.
Regards,
Carrie Musselman (she/her), BSc., Dip., RPP, MCIP
Senior Environmental Planner I Planning I City of Kitchener
519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselman(a�kitchener.ca
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Wednesday, May 24, 2023 1:42 PM
To: Metrolinx (GO) - Development (Development.Coordinator@Metrolinx.com)
<development.coordinator@metrolinx.com>; _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 <EIIen.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 <Sylvie.Eastman@kitchener.ca>; Tom Ruggle
<Tom.Ruggle@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; WCDSB - Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB -
Planning <planning@wrdsb.ca>
Cc: Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: Circulation for Comment - 417 King Street West (OPA/ZBA)
Please see attached. Additional documentation can be found in AMANDA folders 23-110866 & 23-110878 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner
(craig.dumart@kitchener.ca; 519-741-2200 0073).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
Page 630 of 668
Craig Dumart
From: Trevor Heywood <theywood@grandriver.ca>
Sent: Monday, May 29, 2023 10:03 AM
To: Craig Dumart
Subject: RE: Circulation for Comment - 417 King Street West (OPA/ZBA)
Hey Craig,
Not regulated by GRCA, no comment.
Trevor Heywood
Resource Planner
Grand River Conservation Authority
From: Planning <planning@grandriver.ca>
Sent: Wednesday, May 24, 2023 2:10 PM
To: Trevor Heywood <theywood@grandriver.ca>
Subject: FW: Circulation for Comment - 417 King Street West (OPA/ZBA)
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Wednesday, May 24, 2023 1:42 PM
To: Metrolinx (GO) - Development (Development.Coordinator@Metrolinx.com)
<development.coordinator@metrolinx.com>; _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>; Planning
<planning@grandriver.ca>; Hydro One - Dennis DeRango <landuseplanning@hvdroone.com>; Jim Edmondson
<Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; 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>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca)
<elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Cc: Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: Circulation for Comment - 417 King Street West (OPA/ZBA)
Please see attached. Additional documentation can be found in AMANDA folders 23-110866 & 23-110878 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner
(craig.dumart@kitchener.ca; 519-741-2200 0073).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 61" 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
Page 631 of 668
Craig Dumart
From: Brandon Coveney <planning@wrdsb.ca>
Sent: Tuesday, May 30, 2023 11:43 AM
To: Craig Dumart
Cc: Christine Kompter; Planning
Subject: Re: [Planning] Circulation for Comment - 417 King Street West (OPA/ZBA)
You don't often get email from planning@wrdsb.ca. Learn why this is important
May 30, 2023
Re: Circulation for Comment - 417 King Street West
Municipality: Kitchener
Location: 417 King Street West
Owner/Applicant: VANMAR DEVELOPMENTS 417 KING GP CORP
Good Morning Craig,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes
amendments to facilitate the construction of a 55 storey mixed use tower including 622 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:
• King Edward PS (Junior Kindergarten to Grade 6);
• Courtland Avenue PS (Grade 7 to Grade 8); and
• Kitchener -Waterloo Collegiate and Vocational School (Grade 9 to Grade 12).
The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on student enrolment and
accommodation at these schools. Kitchener -Waterloo Collegiate and Vocational School (KCI) is currently experiencing
accommodation pressure. Portable classrooms may be located on-site to provide additional capacity on an
interim basis.
Please note that site constraints exist at King Edward PS which will limit our ability to add temporary
accommodation (e.g portables) on-site. The WRDSB will continue to monitor enrolment and consider
alternative solutions in the event that pressure materializes from the above -noted application or subsequent
applications within this school boundary.
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.
Page 632 of 668
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Address: 417 King St W
Owner: Vanmar Developments 417 King GP Corp
Application: OPA23/007/K/CD and ZBA23/011/K/CD
Comments Of: Parks and Cemeteries
Commenter's Name: Lenore Ross
Email: Lenore. ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: June 12 2023
❑X 1 plan to attend the meeting (questions/concerns/comments for discussion)
❑ 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 OPA and ZBA to facilitate
redevelopment of the site with a 55 storey mixed use building with 622 residential units with
ground floor commercial units. A total of 184 vehicle parking spaces and 311 bicycle parking spaces
are proposed.
• Planning Justification Report
• Urban Design Score Card
• Windy Study
• Shadow Study
• Building Elevations and Renderings
• Noise Study
• Arborist Report
2. Site Specific Comments & Issues:
Parks and Cemeteries has no significant concerns with the proposed Official Plan and Zoning Bylaw
amendments and can provide conditional support subject to the minor updates to submitted studies
are noted below.
Parkland Dedication
The parkland dedication requirement will be deferred at the Official Plan Amendment/Zoning By-law
Amendment applications and assessed at a future Site Plan Application. Parkland dedication will be
assessed based on the land use class(es), residential units and density approved through the OPA and
ZBA and required as a condition of Site Plan Approval taken as cash in lieu of land.
An estimate is provided using the approved land valuation of $43,243,000/ha, a dedication rate of
1ha/1000 unit; a maximum dedication of either land or CIL of 10% and a capped rate of $11,862/unit.
The estimated cash -in -lieu park dedication for the proposed 0.275619ha site with 622 proposed units
is $1,130,523
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Pge 1 of 3
Page 633 of 668
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Calculation:
622 units x $11,862 = $7,378,164 (Bylaw 2022-101 capped rate)
0.275619 ha x $43,243,000/ha x 0.1= $1,130,523 (More Homes Built Faster Act 10% cap)
3. Comments on Submitted Documents
The following comments should be addressed.
1) Arborist Report including Tree Protection and Enhancement Plan dated March 2023— JK
Consulting Arborists
a) The report accurately notes that the canopy of the trees within Francis' Green extend in a
minor way over the property line and the proposed tree protection fencing reflects the
existing hardscape conditions rather than the typical City protection standards of dripline +
1m. The four inventoried trees within Francis Green are large, mature trees and have been
assessed to be in "Good" condition and recognizing that the root system of large trees may
extend well beyond the dripline and into the subject site, an ISA valuation of these trees
should be provided as part of the formal site plan application.
b) Security deposits for protection of existing vegetation maybe required as part of the site plan
approval requirements.
2) Urban Design Scorecard Architectural set
a) As identified in Places and Spaces: An Open Space Strategy for Kitchener, the City Commercial
Core Planning Community is currently critically underserved with active neighbourhood park
space and the proposed redevelopment will exacerbate this deficit. The provision of on-site
amenities suitable to all ages, including children's play facilities, will be critical to support for
this proposal. The site plan, Urban Design Scorecard, Architectural plans/renderings and
supporting technical studies such as the Wind and Shadow analyses, should reflect and
accommodate sufficient and suitable on-site amenity spaces. These documents should be
updated to provide conceptual details and precedent images for on-site amenity spaces to
guide detailed site design through the site plan application.
b) Revised/amended UDB and Architectural plans/renderings are 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
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 2 of 3
Page 634 of 668
City of Kitchener
Zone Change/ Official Plan Amendment Comment Form
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 cash -in -lieu of land.
Dedication requirements are subject to the Parkland Dedication Policy and rates in effect. Please be
advised that an updated Parkland Dedication Policy and By-law were approved by City of Kitchener
Council on August 22 2022. The Bylaw is under appeal. Further changes to the Bylaw may be required as
a result of the Bill 23 — More Homes Built Faster Act.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 3 of 3
Page 635 of 668
Craig Dumart
From: Dave Seller
Sent: Monday, June 19, 2023 8:39 AM
To: Craig Dumart
Subject: OPA/ZBA comments: 417 King Street West
City of Kitchener
Application Type: Official Plan Amendment Application OPA23/007/K/CD
Zoning By-law Amendment Application ZBA23/011/K/CD
Project Address: 417 King Street West
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: June 19, 2023
As part of a complete Zoning By-law amendment application, a Transportation Impact Study (TIS), was submitted
(May 2023) by Paradigm Transportation Solutions Limited in support of this OPA/ZBA application. Transportation
Services review focused on roadways that are under the jurisdiction of the City of Kitchener.
Development proposal
The applicant is proposing to develop a 55 -storey mixed use building with 622 apartment units and 654m2 (7039ft2)
of ground floor commercial space. The development is estimated to generate 96 AM and 120 PM peak hour vehicle
trips. The vehicle trips included the residential and commercial components, as well as trip reductions for internal
capture trips, mode split and pass -by trips. The site will be serviced by two full moves access points along Halls Lane
West and a total of 184 parking spaces are being proposed.
Intersection analysis
The four intersections noted below were reviewed under 2022 existing traffic conditions and were expressed as
level of service (LOS) and vehicle delay (s). The existing traffic analysis indicated that the intersections of Francis
Street South & Charles Street West is operating with a LOS C and delays of 22 seconds in the PM peak hour, while
the remaining intersections had higher LOS and lower delays.
• Francis Street South & King Street West (Regional Road 15) - signalized
• Halls Lane West & Victoria Street South (Regional Road 55) — unsignalized
• Francis Street South & Halls Lane West — unsignalized
• Francis Street South & Charles Street West (Regional Road 64) - signalized
The six intersections noted below were reviewed under 2028 total traffic operations and the analysis is expressed
the same as the 2022 existing conditions noted above. The 2028 analysis indicated that the intersection of Halls Lane
West & Victoria Street South in the PM peak hour was operating with a LOS D and delays of 27 seconds along Halls
Lane West. The lower LOS and higher delays are due to the amount of vehicle traffic along Victoria Street South and
drivers turning left onto Victoria Street South from Halls Lane West, while the remaining intersections characteristics
had higher LOS and lower delays.
• Francis Street South & King Street West (Regional Road 15) - signalized
Page 636 of 668
• Halls Lane West & Victoria Street South (Regional Road 55) — unsignalized
• Francis Street South & Halls Lane West — unsignalized
• Francis Street South & Charles Street West (Regional Road 64) — signalized
• Halls Lane West & NEW site access 1 — unsignalized
• Halls Lane West & NEWsite access 2— unsignalized
Left turn lane analysis
A left turn lane analysis was completed along Victoria Street South at Halls Lane West, utilizing the Ministry of
Transportation (MTO) Geometric Design Standards for the 2028 Background and 2028 Total future traffic conditions
and it was determined that a left turn lane along Victoria Street South is warranted but not recommended for the
following reasons. It may not be feasible to install a left turn lane due to geometric constraints related to ION tracks
and sidewalks. Left turn lanes are generally provided at major intersections and would not fit the existing character
of the roadway. Transportation Services supports Paradigms recommendation.
Transportation Demand Management (TDM)
This development is well situated within the Urban Growth Center (UGC) to take advantage of the existing
alternative modes of transportation available in the area to reduce vehicle dependency.
There are several Grand River Transit (GRT) routes that are less than 200m from this development. They include the
following routes: 1, 2, 6, 7, 20, 34, iXpress 204 and ION Central Station. These routes offer connectivity to a broader
transit network throughout the Region of Waterloo and within Kitchener itself.
The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are
provided on both sides of roadways in the surrounding area which provide connections to entertainment,
employment and commercial uses.
There is existing cycling in the area, as well as future cycling connections to the downtown cycling grid. To encourage
cycling and take advantage of the cycling opportunities in the area, the applicant will be providing 312 Class A indoor
secure bicycle parking spaces and 6 Class B outdoor bike parking spaces.
The applicant must lease parking spaces separately from the cost of a unit. Providing free on-site parking
undermines the likelihood of someone to use an alternative mode of transportation if parking is free.
Parking supply analysis
Under the current 85-1 zoning by-law (ZBL) within the UGC, a minimum of 1 parking space per unit is required,
unless a unit is less than 51m', where a parking rate of 0.165 spaces per unit would apply. The commercial portion
has a parking rate of 1 parking space per 95m'of GFA and there is a zero visitor parking required. The total parking
requirement under 85-1 is 446 parking spaces.
While the future 2019-051 ZBL is not in effect, the minimum parking requirements within a mixed-use development
in the UGC would be zero for each use (residential, visitor and retail). Based on this proposal of 184 parking spaces, a
surplus of parking is being provided and exceeds the future parking requirements.
Conclusion
Based on the methodology, analysis and conclusions within the TIS, Transportation Services supports the proposed
parking supply of 184 parking spaces for this development.
Page 637 of 668
b. It should be noted that the applicant was proposing to close a portion of Halls Lane West to create a one-way
section which is not supportable by the City of Kitchener, as 30 Francis St West already has a portion of Halls Lane
West closed with a one-way section and Francis St West is closed from Charles St West to Halls Lane West. These
closures have been in place for at least seven months and are planned for a 48 month closure during their
construction period with completion around 2026. The applicant also suggested the use of Francis Green Park during
the construction phase. Transportation Services staff are unclear of any communications between the applicant and
City of Kitchener staff regarding their proposed closures.
c. A TIS must be submitted for the background traffic during the construction phase during the proposed road closure
to assess impacts on the surrounding road network.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller(a kitchener.ca
Page 638 of 668
Region of Waterloo
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 N213 U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Melissa Mohr 1-226-752-8622
File: D17/2/23007
C14/2/23011
June 29, 2023
Re: Proposed Official Plan Amendment OPA 23/07 and
Zoning By-law Amendment ZBA 23/011
417 King Street West
MHBC Planning (C/O Andrea Sinclair and Juliane von
Westerholt) on behalf of Vanmar Developments 417 King
GP Corp.
CITY OF KITCHENER
MHBC Planning has submitted a site-specific Official Plan Amendment and Zoning By-
law Amendment Application for a development proposal at 417 King Street West
(referred to as subject lands) in the City of Kitchener.
The applicant has proposed the redevelopment of the site with a 55 storey mixed use
building containing 622 residential units with ground floor commercial uses. A total of 184
vehicular parking spaces with 311 Bicycle parking spaces are proposed within the
underground parking structure and within the podium of the building. Access to the
structured parking is located from Halls Lane West with pedestrian access proposed from
King Street West. A separate loading access is proposed from Halls Lane West. An
amenity terrace is located on the roof of Level 7.
Document Number: 4422481 Version: 1
Page 639 of 668
The subject lands are located in the Urban Area and designated Urban Growth Centre in
the Regional Official Plan. The site is designated Innovation District in the City of
Kitchener Official Plan and zoned Warehouse District -Six (D-6) Zone in Zoning By-law
85-1. The Owner has requested an Official Plan Amendment to add a special policy
permitting an FSR of 21. The Applicant has requested a Zoning By-law Amendment to
add special regulations to the existing zoning to permit a floor space ratio of 21; to allow
for residential uses; to allow for a reduction in the parking to 0.29 parking spaces per
dwelling units and 0 spaces for non-residential uses; to permit a rear and side yard
setback of 0 metres and to permit a 1.1 m west side yard setback.
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 of
the Regional Official Plan (ROP) and the site is designated Innovation District in the City
of Kitchener Official Plan. The subject lands are also located within the Central Station
Major Transit Station Area (MTSA).
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 indoor and outdoor 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 Central Station Major Transit Station Area (MTSA).
The minimum density target within the Central Station MTSA is 160 people and jobs/ha.
The density proposed through this application exceeds the density target of 160 people
and jobs/ha and the proposed development will contribute to the achievement of the
overall density target for the Central Station MTSA.
Document Number: 4422481 Version: 1
Page 640 of 668
This development proposes a higher density mixed use residential/commercial
development with apartment style housing, above ground floor retail space. In addition,
commercial space is proposed on the ground floor adjacent to King Street and adjacent
to Francis Green. Higher density, mixed use developments are encouraged within
MTSAs through the policy framework contained in the ROP.
Region of Waterloo International Airport
In accordance with Regional Official Plan Policy 5.A.20, the Region will ensure that
proposed developments do not negatively affect the usability, accessibility or safe
operations of the airport either on a temporary or permanent basis. Regional staff have
concerns with this development as the development (building and proposed crane)
exceeds the maximum elevation permitted within the Airport's Instrument Approach
Surface of 487 m ASL and the height of the building and crane. Therefore, the
applicant shall either reduce the height of the building or submit an Aeronautical
Assessment to ensure the proposed development does not negatively impact the
airports operation. Further information regarding this matter can be found below.
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:
Region of Waterloo International Airport:
The subject lands are located outside of the current and proposed AZR and within the
instrument approach surface of the Region of Waterloo International Airport. Within the
instrument approach surface, there is a maximum height limitation of 487m ASL before
any buildings or construction cranes would impact airport operations. The concept
drawings prepared with the application show a ground floor elevation of 509.4m ASL
which exceeds the maximum elevation permitted within the instrument approach area.
The development, as proposed, will impact the Waterloo Region International Airport
Runway 08 RNP approach, which has a maximum allowable development elevation of
487m ASL. It may also impact the other Runway 08 approaches (LPV, LNAV/VNAV,
ILS) and Runway 26 missed approach.
In accordance with Regional Official Plan Policy 5.A.20, Regional staff, through the
review of development applications, shall ensure that proposed developments do not
negatively affect the usability, accessibility or safe operations of the Region of Waterloo
International Airport, either on a temporary or permanent basis.
Furthermore, in accordance with City of Kitchener Official Plan Policy 6.C.3.17, in
planning for land uses in the vicinity of the Region of Waterloo International Airport, the
Document Number: 4422481 Version: 1
Page 641 of 668
City will prohibit any land use or structure which could affect the operation of the Airport
or cause a potential aviation safety hazard.
In order to further assess this proposal, the Region requires the building height to be
reduced to ensure the building including any construction crane does not exceed the
height limitation of 487m ASL. Alternatively, the applicant shall submit an aeronautical
assessment for further review and comment by the Region to ensure the proposed
development does not negatively impact the airport operations.
Record of Site Condition/Environmental Threats
There are high environmental threats on and adjacent to the subject lands due to
past/historic uses of the subject lands and adjacent sites. As a density increase of a
sensitive land use has been proposed on the subject lands, a Record of Site Condition
and Ministry Acknowledgement letter shall be required for the entirety of the subject
lands in accordance with the Region of Waterloo's Implementation Guideline for the
Review of Development Applications on or Adjacent to Known and Potentially
Contaminated Sites.
The Record of Site Condition and Ministry Acknowledgement Letter were not received
as part of the Complete Application for the Zoning By-law Amendment. In accordance
with the Region's Implementation Guidelines, the Region can defer the requirement of
the RSC and Ministry Acknowledgement letter to the building permit stage with
confirmation from the Chief Building Official of the City of Kitchener confirming that the
RSC and Ministry Acknowledgement Letter will be obtained prior to building permit
issuance. The Region received confirmation from the City of Kitchener's Chief Building
Official that an RSC and Ministry Acknowledgement Letter are required to permit this
development; therefore, Regional staff will defer the RSC and Ministry
Acknowledgement letter for the entirety of the site to the Building permit stage in
accordance with the Region's Implementation Guideline for the Review of Development
Applications on orAdjacent to Known and Potentially Contaminated Sites.
Environmental Noise (Road and Stationary Noise) Study:
An Environmental Noise report entitled "Noise Feasibility Study Proposed Residential
Development, 417 King Street West, Kitchener, Ontario" prepared by HGC Engineering,
dated April 17, 2023 and associated peer review fee of $4,520.00 have been received
and provided to the Region's third party peer reviewer. Regional staff have received the
following preliminary comments from the peer reviewer:
Stationary Noise Concerns:
HGC indicates that examples of the proposed balcony mitigation are provided within the
report, however, they are not included. Without an example of the proposed mitigation
Document Number: 4422481 Version: 1
Page 642 of 668
for the balcony, it is unclear how the mitigation recommendations are to be
implemented.
Furthermore, mitigation is recommended for floors 17 through 20 on the westerly tower
fagade. The stationary sources that the fagade is being protected from appear to be in
line with these floors and would likely have a direct line -of -sight to the windows. It is
unclear how the mitigation would work based on the details provided (i.e. dimensions of
the barriers). The same comment applies to the southern and eastern facades but at
higher floors.
The study must include the following additional sources to be modelled:
• UW's School of Pharmacy to the west has significant rooftop equipment that has not
been included or acknowledged in the report. The building appears to have Strobic
exhaust fans which can be a significant noise source. In addition, the building
contains multiple large cooling towers that have not been assessed.
• The Beer Store immediately northeast has refrigeration equipment on the roof that
has not been included in the assessment.
• There is the initial stages of a new building behind the TD building to the east that
has not been identified in the study. This should be included in the assessment and
sample calculations should be provided.
Transportation:
Road and rail traffic volumes were obtained from historical work HGC has done in the
area. Please be advised that these volumes are outdated and are required to be
updated for both road and rail traffic. Furthermore, it is unclear if rail whistles at
crossings have been assessed, the LRT system has not been discussed and sample
calculations should be provided for road and rail noise sources.
Fulsome comments relating to the noise study will follow under a separate cover and
acceptance of the study and related implementation measures by the Region is required
prior to a recommendation being made to the City of Kitchener on the file. To address
these requirements, the Region shall require a Holding Provision until a transportation,
rail and Stationary noise study has been received and accepted by the Region. 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 the potential
Document Number: 4422481 Version: 1
Page 643 of 668
impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the
impacts of the development on adjacent noise sensitive uses.
Corridor Planning:
Official Plan Amendment and Zoning By-law Amendment Stage:
Stormwater Management and Site Grading:
Region of Waterloo staff has received the functional serving report entitled "Functional
Servicing and Stormwater Management Report, Vanmar Developments Inc., 417 King
Street West, Kitchener, Official Plan and Zoning By-law Amendment" prepared by
WalterFedy, dated March 28, 2023 and it is acceptable at this stage (Official Plan
Amendment and Zoning By-law Amendment stage).
Site Plan Application Stage:
Stormwater Management and Site Grading
The Region of Waterloo shall require a Functional Servicing and Stormwater
Management Report for review and approval at the site plan stage. Detailed comments
related to the site specific grading and servicing details_ will be provided under a future
site plan application.
Access Permit/TIS/Access Regulation:
The subject lands have vehicular access from Halls Lane with no vehicular access from
King Street West and Regional staff have no objection to the vehicular access at this
stage.
Regional Road Dedication:
The subject lands have direct frontage on King Street West (Regional Road 15). This
section of King Street West has a designated road width of 26m in accordance with
Schedule `A' of the Regional Official Plan (ROP) and a road dedication of approximately
5m is required across the entire King Street West frontage. The exact amount of road
widening shall be determined by an Ontario Land Surveyor (OLS) in consultation with
the Region's Transportation Planner. Although the dedication of the lands can be
deferred to the site plan stage, Regional staff note that the dedication appears to
be appropriately shown on the concept plans. Please be advised that the
dedication shall be confirmed by an Ontario Land Surveyor through the detailed
design stage (site plan stage). In addition, as indicated above, please ensure the
Record of Site Condition (RSC) excludes the road dedication along King Street
West.
Site Plan Application Stage:
Document Number: 4422481 Version: 1
Page 644 of 668
Regional Road Dedication:
As indicated above, a road dedication shall be required along the King Street West
right-of-way. The exact amount of road dedication must be determined by an OLS in
consultation with the Region's Transportation Planner. Please ensure that the correct
road dedication is shown on all plans moving forward.
The draft reference plan showing the road widening to be dedicated to the Region shall
be submitted to the Transportation Planner for review and once the draft is been
accepted, the Registered Plan must be sent to the Transportation Planner.
Stormwater Management and Site Grading:
Detailed civil engineering plans shall be required for review and approval by Regional
staff at the site plan stage. Where possible, please coordinate underground service
connections from the local municipal road rather than the Regional Road.
Site Plan Review Fee:
Please be advised that the Region of Waterloo shall require an $805.00 review fee
associated with a formal site plan application.
Hydrogeology and Water Programs/Source Water Protection
Please be advised that the Region does not support permanent active or passive
dewatering controls for below -grade infrastructure (e.g. foundations, slabs, parking
garages, footings, piles, elevator shafts, etc.) therefore, Below -grade infrastructure
requiring dry conditions should be waterproofed.
In addition, a prohibition on Geothermal Wells as defined in Chapter 8 of the Region
Official Plan shall be implemented within the site specific Zoning By-law amendment,
including vertical open and closed loop geothermal energy systems. The required
wording for the prohibition is:
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well,
borehole or pipe installation used for geothermal systems, ground -source heat pump
systems, geo-exchange systems or earth energy systems for heating or cooling, including
open -loop and closed-loop vertical borehole systems. A geothermal well does not include
a horizontal system where construction or excavation occurs to depths less than five
meters unless the protective geologic layers overlaying a vulnerable aquifer have been
removed through construction or excavation.
Housing Services
The following Regional policies and initiatives support the development and
maintenance of affordable housing:
Document Number: 4422481 Version: 1
Page 645 of 668
• Regional Strategic Plan
• 10 -Year Housing and Homelessness Plan
• 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.
For the purposes of evaluating the affordability of an ownership unit, based on the
definition in the Regional Official Plan, the purchase price is compared to the least
expensive of:
Housing for which the purchase price
results in annual accommodation costs
which do not exceed 30 percent of gross
$385,500
annual household income for low and
moderate income households
Housing for which the purchase price is
at least 10 percent below the average
$576,347
purchase price of a resale unit in the
regional market area
"Based on the most recent information available from the PPS Housing Tables (2021).
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $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 or:
A unit for which the rent does not exceed $1,470
30 per cent of the gross annual
Document Number: 4422481 Version: 1
Page 646 of 668
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:
Please be advised that the Region is in receipt of the Official Plan Amendment review
fee of $7,000.00 and the Zoning By-law Amendment Review fee of $3,000.00 (total
$10,000) deposited June 22, 2023.
Conclusions:
At this time, the Region has the following concerns relating to the application:
1. The proposed height of the building exceeds the maximum height limitation of 487m
ASL for the Runway 08 RNP approach surface. Regional staff have concerns with
the height of the building based on the Runway 08 RNP approach and Runway 26
missed approach as outlined in the comments above.
This concern must be satisfactorily addressed prior to a recommendation being made to
Council for the City of Kitchener.
Follow Up:
In addition to the concerns identified related to airport operations and the proposed
building heights, the following must be implemented within the Zoning By-law:
That a Holding Provision apply to the entirety of the subject lands until a
transportation, rail and stationary noise study is acceptance of the study and related
implementation measures 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
Document Number: 4422481 Version: 1
Page 647 of 668
completed and implementation measures addressed to the satisfaction of the
Regional Municipality of Waterloo. The detailed stationary noise study shall review
the potential impacts of noise (e.g. HVAC systems) on the sensitive points of
reception and the impacts of the development on adjacent noise sensitive uses.
2. Inclusion of a geothermal prohibition in the zoning by-law amendment. The required
wording for the prohibition is,
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical
well, borehole or pipe installation used for geothermal systems, ground -source heat
pump systems, geo-exchange systems or earth energy systems for heating or cooling,
including open -loop and closed-loop vertical borehole systems. A geothermal well
does not include a horizontal system where construction or excavation occurs to
depths less than five meters unless the protective geologic layers overlaying a
vulnerable aquifer have been removed through construction or excavation.
Next Steps:
The applicant shall address the Regions concerns as identified above.
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 Andrea Sinclair and Juliane vonWesterholt (Applicant), Vanmar Developments 417
King GP Corp. C/O Mauricio Miranda (Owner)
Document Number: 4422481 Version: 1
Page 648 of 668
:OC METROLINX
To: Craig Dumart, Senior Planner, City of Kitchener
From: Third Party Projects Review - Adjacent Developments - GO Expansion and LRT
Metrolinx
Date: June 26', 2023
Re: OPA23/007/K/CD & ZBA23/01 1 /K/CD - 417 King Street West, Kitchener
Metrolinx has reviewed the first Official Plan Amendment and Zoning By-law Amendment Application
for 417 King St W, Kitchener. It is Metrolinx's understanding that the proposal consists of a 55 -storey
mixed-use building with 622 units with at -grade commercial. Metrolinx's comments on the Application
are noted below:
The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which
carries Metrolinx's Kitchener GO Train service.
Metrolinx is in receipt of the Noise Feasibility Study prepared by HGC Engineering dated April
17, 2023. Metrolinx provides the following comments:
o Metrolinx understands that Rail -Data was obtained from Metrolinx on November 7, 2019.
However, Metrolinx notes that their Rail -Data Forecast has been updated as of December
2022. Please revise the Noise Study to reflect the most up -to date Rail -Data as the rail
forecast has increased significantly since 2019. For your convenience, please see the most
up to date data attached. (The proponent may also obtain Metrolinx's most up to date rail
forecast by submitting a request to raiIdata req uests@metrolinx.com). Please note that the
attached Rail -Data is projected to 2032.
o We note that the Noise Consultant has reccomended noise control measures, including
the inclusion for air conditioning, upgraded building fagade constructions, and warning
clauses in order to achieve MECP noise guidelines. However, as the Noise Study is to be
updated, we await the updated report. Metrolinx will require that recommendations made
by the Noise Consultant are adhered to in order for approval at Site Plan phase. Please
provide the Final Detailed Noise Assessment for review and satisfaction of Metrolinx.
o We note further that the Noise Consultant has performed an acoustical assessment of the
Temporary Kitchener Layover Facility located approximately 500m to the west of the
subject site. We acknowledge and accept that the assessment concludes that sound levels
from the Layover do not exceed applicable limits.
Please note as well that Metrolinx has updated their warning clause as of February 2023.
Please revise the Noise Study to include the followirig:
o The Proponent shall provide confirmation to Metrolinx, that the following warning clause
will be inserted into all Development Agreements, Offers to Purchase, and Agreements of
Purchase and Sale or Lease of each unit within 300 metres of the Railway Corridor:
o Warning: The Applicant is advised that the subject land is located within
Metrolinx's 300 metres railway corridor zone of influence and as such is advised
that Metrolinx and its assigns and successors in interest has or have a right-of-way
within 300 metres from the subject land. The Applicant is further advised that there
may be alterations to or expansions of the rail or other transit facilities on such
right-of-way in the future including the possibility that Metrolinx or any railway
entering into an agreement with Metrolinx to use the right-of-way or their assigns
or successors as aforesaid may expand or alter their operations, which expansion
or alteration may affect the environment of the occupants in the vicinity,
:X!: METROLINX 1
Page 649 of 668
:00: METROLINX
notwithstanding the inclusion of any noise and vibration attenuating measures in
the design of the development and individual lots, blocks or units.
The Owner shall grant Metrolinx an environmental easement for operational emissions, which
is to be registered on title for all uses within 300 metres of the rail right-of-way. Included is a
copy of the form of easement for the Proponent's information. The Proponent may contact
Farah.Faroque@metrolinx.com with questions and to initiate the registration process.
Registration of the easement will be required prior to clearance of Site Plan Approval. (It
should be noted that the registration process can take up to 6 weeks).
Should you have any questions or concerns, please do not hesitate to contact the undersigned.
Best regards,
Farah Faroque
Project Analyst, Third Party Projects Review
Metrolinx
10 Bay Street I Toronto I Ontario I M5J 2N8
:X:: METROLINX
Page 650 of 668
:Dt�: METROLINX
Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section of the Transfer Easement to which this Schedule is attached (the
"Easement Lands");
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a
permanent and perpetual non-exclusive easement or right and interest in the nature of a
permanent and perpetual non-exclusive easement over, under, along and upon the whole of
the Easement Lands and every part thereof for the purposes of discharging, emitting,
releasing or venting thereon or otherwise affecting the Easement Lands at any time during
the day or night with noise, vibration and other sounds and emissions of every nature and
kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter,
electromagnetic interference and stray current but excluding spills, arising from or out of, or
in connection with, any and all present and future railway or other transit facilities and
operations upon the lands of the Transferee and including, without limitation, all such
facilities and operations presently existing and all future renovations, additions, expansions
and other changes to such facilities and all future expansions, extensions, increases,
enlargement and other changes to such operations (herein collectively called the
"Operational Emissions").
THIS Easement and all rights and obligations arising from same shall extend to, be
binding upon and enure to the benefit of the parties hereto and their respective officers,
directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers,
licensees and other operators, occupants and invitees and each of its or their respective
heirs, executors, legal personal representatives, successors and assigns. The covenants and
obligations of each party hereto, if more than one person, shall be joint and several.
Easement in gross.
:X= METROLINX 3
Page 651 of 668
:00�: METROLINX
Rail -Data for 417 King St W. Kitchener (as of December 2022)
*Please note that this Rail -Data is forecast to 2032.
The subject lands (417 King St W, Kitchener) are located within 300 metres of the Metrolinx Guelph
Subdivision (which carries Kitchener GO rail service).
It's anticipated that GO rail service on this Subdivision will be comprised of diesel trains. The GO rail
fleet combination on this Subdivision will consist of up to 2 locomotives and 8 passenger cars. The
typical GO rail weekday train volume forecast near the subject lands, including both revenue and
equipment trips is in the order of 99 trains. The planned detailed trip breakdown is listed below:
i.._....... _.._... _- .
1 Diesel i 2 Diesel 1 Diesel 2 Diesel
Locomotive Locomotive Locomotive Locomotive j
I Day (0700 62 1 14 Night (2300 21 2
107 11 00)
The current track design speed near the subject lands is 30 mph (48 km/h).
There are anti -whistling by-laws in affect at Park St, Strange St, Lancaster St. W. Reg. Rd. 29, Saint Leger
St, and Duke St at -grade crossing.
Operational information is subject to change and may be influenced by, among other factors, service
planning priorities, operational considerations, funding availability and passenger demand.
It should be noted that this information only pertains to Metrolinx rail service. It would be prudentto
contact other rail operators in the area directly for rail traffic information pertaining to non-Metrolinx
rail service.
:0-t: METROLINX 4
Page 652 of 668
Craig Dumart
From: Jason Dahle n>
Sent: Tuesday, June l3, 2023 3:25 PM
To: Mayor, Debbie Chapman
Cc: Craig Dumart
Subject: 417 King Street West Kitchener- Concerns
t
You don't often get email from rn why this is important
Dear Mayor Barry and Councillor Chapman,
I am writing to express my concerns about the proposed 55 -story, 622 dwelling unit development at 417 King Street West. While I
am in favor of development in the downtown core, I do not believe that a building of this height and density is suitable for the area.
My concerns are as follows:
• The building would block the views of many people who live downtown, which would negatively impact their quality of life.
• The increased density would lead to more traffic flow and congestion in an already busy area, which would create safety
concerns and inconvenience for residents and visitors alike.
There have been several other projects that were not approved in the Kitchener- Waterloo region, which highlights the importance
of carefully considering the impact of new developments. For example, in 2013, a proposed 55 -floor condo at 417 King Street West
was met with opposition from the community which is the same location in question. The community expressed concerns about the
building's height and density, which they believed would negatively impact the downtown core.
Instead of a 55 -story building with 622 units, I suggest a building with fewer units and a lower height that would not block or
overpower the 40 -story building being built next door and the 19 story building at 1 Victoria St S. This alternative proposal would
have the following benefits:
• It would not block the views of many people who live downtown, which would preserve their quality of life.
• It would not increase traffic flow and congestion in an' already busy area, which would maintain safety and convenience for
residents and visitors alike.
• It could include prime commercial space on the ground floor, which would provide a benefit to the community.
Examples of High -Rise Buildings Which Were Not Approved in Kitchener, Ontario, Canada:
1. Proposed 55 -floor Condo at 417 King St. W. This project was met with opposition from the community in 2013. The
community expressed concerns about the building's height and density, which they believed would negatively impact the
downtown core.
2. 10 Duke West. This project was proposed but has not yet been approved. It is a 45 -story building that would be located in
the downtown core.
3. Gaslight Condos: Tower This project was proposed but has not yet been approved. It is a 40 -story building that would be
located in the downtown core.
I urge you to consider this alternative proposal when evaluating the proposal for 417 King Street West. Thank you for your attention
to this matter.
Sincerely,
Jason Dahle
Page 653 of 668
Craig Dumart
From:
Sent:
To:
Subject:
You don't often get email from
Hi Craig,
Joachim Pfister
Monday, June 26, 2023 1:57 AM
Craig Dumart; Werner Michael Dietl
417 King Street West - neighbourhood feedback
am why this is im on rtant
We would like to raise the following comments and questions related to the proposed development at 417 King
Street West.
Kind regards,
Werner Dietl and Joachim Pfister (owners of
1. -
2.
3. Electric cars
4.
r)
a.
b.
c. Is there a requirement on the number of parking spaces that require electric
d. charging? Or could the city mandate this from the developer to make the proposed
development future proof?
e.
f.
9.
h. Is the electrical grid in DTK stable enough to provide enough electricity
L for all the new neighbours of 1 Victoria Street South (417 King Street West and 30 Francis
Street), especially when EV usage will be increasing?
j
5.
6.
7. Fire emergencies
8.
a.
b.
c. Is there enough water/hydrants in the vicinity of 1 Victoria St South
d. (19 floors), 30 Francis Street (45 floors), 417 King Street West (55 floors) in case of major fire
event to protect all of the neighboring buildings - taking into account that the block is growing in
density with several highrise buildings (notably, multiple
e. fire events happening on the same block)? We understand that the "Functional Servicing Report"
contains a fire hazard planning - but it seems to be performed for a specific proposition and not taking into
context the whole block.
f.
9•
1
Page 654 of 668
h.
i. How does the city ensure that fire trucks can park/access the buildings,
j. especially in case of a very busy Halls Lane West where many delivery vehicles are parked through
different times of the day? The traffic impact study does not consider delivery traffic.
k.
I.
M.
n. Where are the supposed emergency assembly areas where people should gather
o. in case of an alarm so that emergency vehicles are not blocked (for all buildings on that block)?
P.
q•
r.
s. Does the city have enough capacity for this increased emergency load? Do we have the
training and equipment to handle a fire on the 55th floor?
U.
3.
4.
5. Delivery vehicles (commercial + e.g. food delivery) situation in Halls Lane West
6. Delivery vehicles seemed not to hi-nnncirlcrcrl in +he traffic impact
7. study. But living here in _ _. ___ ___...._. rs now, we sometimes see interesting things
happening, especially in Halls Lane West (with UHaul rentals + delivery vehicles + residents entering or exiting
the existing 1 Victoria Parking garage).
8.
a.
b.
c. What will the city do to have delivery vehicles being able to make deliveries to 417
d. King Street West without blocking Halls Lane West (especially since no visitor parking is envisioned for
417 King Street West according to the Zoning Compliance Table).
e.
f.
9-
h. The parking for delivery vehicles needs to be rethought/reconsidered by the city for
i. the entire block because Halls Lane West will serve as the main entrance for 3 highrise buildings and
their parking garages (1 Victoria Street South, 33 Francis Street and the 417 King Street West).
j•
k.
I.
m. We suggest that the city of Kitchener, in anticipation of the traffic amount of residents,
n. delivery vehicles and Uhaul rentals, considers to transform Halls Lane West into a one way
street. Traffic could flow into from Francis Street and exit at Victoria Street. Thus, one side of
the Halls Lane West could serve as a parking space for deliveries/Uhaul
o. pickup or dropoff waiting cars and the traffic could still flow. This measure should be considered
in combination with forbidding left turns on Victoria Street South into Halls Lane West which
would reduce traffic congestion due to people turning left from
p. Victoria Street into Halls Lane resulting in blocking the intersection due to further traffic.
Furthermore, this might reduce issues with pedestrians that are put into danger when someone
does this left turn manoever and wants to quickly turn into Halls Lane
q. and "forgets" about pedestrians.
r.
9.
10.
11. Gap between 1 Victoria Street South and 417 King Street West (`Exit from (Parking' on
12. the plan)
Page 655 of 668
13
a.
b.
c. How does the proposed building (417 King Street West) ensure that this small lane will
d. not turn into an "unsafe" place where homeless people could try to seek shelter or drug trafficking
could take place (central location and little visibility from the main arteries of King Street West and Halls Lane
West)?
e.
14.
15.
16. 1 bedroom vs. 2 bedroom units
17.
a.
b.
c. Having mostly 1 bedroom units per floor (only 2x 2 -bedroom units per floor) seems
disproportionate
d. which will have an impact on the people living in the newly proposed project and to its
neighbours. The proposition seems to cater to singles whereas for a healthy mix of population,
also small families should be considered who would be better -suited in 2 -bedroom
e. units. Downtown Kitchener should strive for a balance that every group is represented and no specific
population will be too dominant. Is this something the city of Kitchener can exert influence upon the builder?
f.
18.
19.
20. Excavation work and soiled streets
21.
a.
b.
c. How does the developer of the proposed building ensure that residents needing to access
d. Halls Lane West don't get dirty feet or cars during the excavation phase? Will the developer be
required to provide street cleaning? Background: During the excavation work for 33 Francis
Street South, dirt accumulated to our perception in a substantially larger
e. amount in the parking garage of 1 Victoria due to cars passing by the excavation truck loading zone
from 33 Francis Street South.
f.
22.
23.
24. Additional load on Willow Green (Victoria) park
25.
a.
b.
c. How is the developer proposing to account for the huge additional load on the recreational
d. spaces in our neighborhood, in particular Willow Green?
e.
26.
27.
28. Commercial units on the ground level
29.
a.
b.
c. Can the developer be required to add commercial units on the ground floor? With this
d. high number of additional residents, the whole block and neighbourhood would benefit from
commercial spaces that could be used for restaurants.
e.
Page 656 of 668
Craig Dumart
From: Kevin Young
Sent: Tuesday, July 11, 2023 3:36 PM
To: Craig Dumart
You don't often get email from Learn why this is important
Hi
I am Kevin Young I like what I see but see no mention of geared to income units, or did I miss this in
any reports. Other than that I thank staff for a job well done.
Page 657 of 668
Craig Dumart
From: Brian Shillingford , .y.. A,—_N[UiUn.rne-
Sent: Monday, June 26, 2023 1:20 PM
To: Craig Dumart
Subject: 417 King Street West (55 Storey Development)
You don't often get email fror. Learn why this is important
Hello Craig,
I am emailing to submit my comments regarding the proposed 55 storey development.
To be blunt, 55 storeys is too tall for Kitchener.
I suspect this proposal is an effort to increase dwellings to help with the housing crises. Instead of turning KW into a
city of sky -scraping condo buildings a better solution is to change the zoning and allow for true mixed use and mixed
density. If zoning is changed to remove single family dwelling neighbourhoods then low-rise apartments and condos
can be developed.
Sky scrapers propose a number of issues. As they get taller more space is wasted. Multiple elevator shafts are
needed, support columns need to be larger, and this results in less liveable space per floor than shorter buildings
with the same footprint. Additionally, tall condo and apartment buildings block the sun, and if more and more of them
are built then the wind tunnel effect can happen.
On top of this, another issue is density within the city. By building tall buildings you will be increasing density in a
very small area. If you rezone the city and have mixed density throughout, then the density is also spread
throughout the city.
Please reconsider this development. Rezoning, low-rise buildings throughout the city, and mixed use (allowing for
small shops to exist in residential areas) will result in a better city and better neighbourhoods.
Thank you,
Brian
Page 658 of 668
Craig Dumart
From: Ken Friedmann
Sent: Wednesday, July 12, 2023 7:03 AM
To: Craig Dumart
Subject: Re: 417 King Street Application meeting last night
You don't often get email from earn why this is important
Craig, correction ... I meant the parking lot at Frances and Charles, not King and Charles.
And just a thought ... a Rink and NHL hockey team would look fantastic there!! With Kitchener being 4th largest metro
area in Ontario, I believe we have the critical mass for something exciting like this. Just would need some local
businesses and wealthy individuals to step up to lead the charge and not sure we have that just yet but maybe with
continued growth in the tech area the money would be there for an ambitious venture of attracting an NHL franchise.
believe the community would greatly support this.
Ken
On Wed, Jul 12, 2023 at 6:35 AM Ken Friedmann
Hi Craig, thanks for being part of the meeting last night.
> wrote:
I wanted to send some comments. One of the community members expressed concerns with being overwhelmed by
the developmental pace of DTK and negative impacts and in particular the load on traffic from an inconvenience point
of view and also environmental.
I totally have the opposite perspective. I moved downtown a year and half ago for the sole purpose of being more in
the action. I am thrilled with the development and growth downtown because right now I feel DTK is lacking some
vibrancy and I believe that will change with all that is planned and the growth.
Development in the downtown area makes environmental sense with having many services easily accessible to many
people. I don't understand the point made last night, that building these new places will increase the environmental
impact. Perhaps in the immediate area but overall your plans are greatly reducing the environmental impact, especially
when it comes to cars etc.
I look at my own personal changes. I now walk to my dentist, optometrist, service Ontario, the movies, my financial
planner, grocer, restaurants and my lawyer is also downtown. Previously I was driving to all of these services. In fact, if
not for needing to go to the Toronto office twice a week, I would consider not having a vehicle and grabbing the share
cars on the rare occasion when needed.
So I just wanted to give you comments from a different perspective. My only real hesitation in full endorsement of the
417 development is that I live in Kaufman Lofts with my unit facing King and the new structure, along with the Frances
street will loom large over my place and take away a lot of the sunlight I currently enjoy through the 10' windows, but I
realize I can't have everything so overall I'm in favor of the new developments downtown and expect that at some
point the empty and rarely used large parking lot at King and Charles (I think it's the Manulife parking lot) will also see
some development and excited to see what is planned there... can you share what might be in store for that land?
I do have one other question and I think you may have given a brief update but I missed it. As said I go to Toronto
twice a week and would love to get off the 401 and just wonder about where the region is at with the new transit hub
at King and Victoria. I know that construction was supposed to start in 2020 and being conveniently close to the transit
Page 659 of 668
hub was one of the reasons why I wanted to move downtown. Can you tell me what stage that endeavor is at and
expected time for completion and start of all day GO service?
Thanks Craig,
Ken Friedmann
Page 660 of 668
Craig Dumart
From: Jeremy Chamilliard
Sent: Wednesday, July 12,2023 2:24 PM
To: Craig Dumart
Subject: Re: 417 King W Neighbourhood Meeting
Attachments: IN8 Construction Neighbour Notice- Extended Working Hours.pdf
Thanks for the speedy reply, Craig. I hope we're not Cutting into your vacation.
I can't speak for the other neighbourhood meeting participant (and their tenants), but at 1 Victoria, a letter was
circulated implying the construction hours were INRs to set and they were just letting us know they would be changed
will reach out to bylaw and see what they say.
Regards,
Jeremy
On Wed, Jul 12, 2023 at 10:44 AM Craig Dumart <Craig.Duma rt@kitchener.ca> wrote:
Hi Jeremy, I am glad you were able to attend the meeting. I am not sure if they (I1\18) have an exemption or what
permissions they have. Noise and construction By-law questions and concerns are fielded by our by-law enforcement
staff. Have you had a chance to reach out to them regarding your concerns?
Craig
Get Outlook for iOS
From: Jeremy Chamilliard <j
Sent: Wednesday, July 12, 2023 10:39:/-4 Mm
To: Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: Fwd: 417 King W Neighbourhood Meeting
You don't often get email fron am why this is important
Another attempt after correcting the typo from https://calendar.kitchener.ca/default/`Detail/2023-07-11-1900-
Neighbourhood-Meeting-Proposed-Development-417-Kin "Email" link. Hope this one gets through.
------ Forwarded message ---------
From: Jeremy Chamilliard <ichamilliard@gmail.com>
Date: Wed, Jul 12, 2023 at 10:31 AM
Subject: 417 King W Neighbourhood Meeting
To: <%20craig.dumart@kitchener.ca>
Hi Craig,
Thanks for joining the neighbourhood meeting last night and fielding questions.
Page 661 of 668
I'm not sure if construction is relevant at this stage, but one of the questions was about Tek Tower / 30 Francis S
construction noise and it seemed like you and "the applicant" were dodging the question talking about lam - 7pm
bylaws and no work on Sundays. I'm not sure if you meant to dodge. Apologies if you did.
I think the concern was that IN8 has let neighbours at 1 Vic and Kaufman know they will be working from 4AM to
midnight to take advantage of the summer months/weather, and this is disturbing the participant's tenants. It's great
that VanMar won't work on Sundays (IN8 doesn't either), but will they work from 4AM - midnight during summer
months?
Regards,
Jeremy
Page 662 of 668
Craig Dumart
From: Andrew W Peters
Sent: Wednesday, July 12, 2023 7:29 PM
To: Craig Dumart; Debbie Chapman
Cc: Mayor
Subject: Re: Proposed Building at 417 King Street West, Kitchener, Ontario
You don't often get email from ____ n why this is important
Hi Craig and Debbie,
I sincerely appreciate your time at the council meeting last night.
I made the comment/ question regarding parking enforcement. I own units at. d unfortunately the
parking license system is quite flawed and has been since construction was completed. The condo corporation is
responsible for maintaining the parking garage yet the developer owns the parking garage under a separate corporation
name. The developer at 1 Victoria, Momentum Developments is quite close with Vanmar. Momentum through a
separate corporations owns a company called Park Co, which is used for parking management at station park, 100
Victoria, Charlie West and 1 Victoria. I have attached a photo taken this afternoon at Their system has
not been operational over the last three years.
I am aware that the same system isnot functional at station park, Charlie West, or 100 Victoria. I bring this to your
attention because I don't believe the developer is being truthful when they state that they have the tenants and area
residents best intention when it comes to parking management which also deviate from the honesty of their proposal
when it comes to an accurate number of parking spaces allocated per unit. Neither Park Co, Momentum Developments
or Vanmar are at all aware of parking utilization in any of their buildings.
Regards,
Andrew
Page 663 of 668
I
w
From: Andrew W Peters _
Sent: Tuesday, lune 13, 2023 5:55 PM
To: Mayor <mayor@kitchener.ca>; Debbie Chapman <Debbie.Chapman@kitchener.ca>; Craig Dumart
<Craig.Dumart@kitchener.ca>
Subject: Proposed Building at 417 King Street West, Kitchener, Ontario
You don't often get email from a )m. Learn why this is important
Good afternoon,
I am writing to express my concerns about the environmental and traffic flow issues in Kitchener,
mainly downtown. As a resident of the community, I believe it is crucial to ensure that our city is
taking the necessary steps to become more sustainable and environmentally friendly.
One of the main concerns I have is the proposed building at 417 King Street West. The size and
height of the building appear to be signiflcanfly out of proportion with the surrounding area, which
may disrupt the established aesthetic and architectural harmony that characterizes the downtown
core. This discrepancy has the potential to diminish the appeal of the area and detract from the
unique charm that attracts residents and visitors alike.
Additionally, the potential impact on traffic and parking in the vicinity could exacerbate the existing
strain on Kitchener's infrastructure. Increased traffic congestion would not only inconvenience
residents but also pose safety risks to pedestrians and cyclists.
Moreover, I believe it is imperative to consider the environmental implications of such a
development. Given the growing urgency of climate change, it is crucial that new constructions
prioritize sustainable practices and energy-efficient technologies. I request a thorough environmental
impact assessment to ensure that the proposed building aligns with Kitchener's commitment to
becoming a greener and more sustainable city, as well as testing given the location and
environmental issues that were discovered in that city block during the construction of 1 Victoria St S
and that are present in the land bordering the UW School of Pharmacy.
I would appreciate reviewing the Planning Justification Report for this location.
In closing, I kindly request that you take into account the concerns I have raised regarding the
proposed building at 417 King Street West and the environmental issues in Kitchener. By carefully
considering these factors, we can ensure that any developments in our neighborhood contribute
positively to the overall well-being of the community and align with the shared vision for a vibrant,
sustainable, and inclusive Kitchener.
Thank you for your attention to this matter. I look forward to hearing your response and engaging in
further discussions on this issue and will attend on July 11 for the Zoom Meeting.
Yours sincerely,
Andrew Peters
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3D Axonometric View (Courtesy of Kirkor Architects)
Page 665 of 668
On Jun 20, 2023, at 10:38 AM, Craig Dumart <Craig.Dumart@kitchener.ca> wrote:
Hi Andrew,
Thank you for your taking time to provide comments. You have been added to the email distribution list
to keep you informed on the proposed development. Please let me know if you would like to discuss
the proposed the development in advance of the neighbourhood meeting and I will arrange fora phone
call to discuss.
Thanks,
Craig Dumart, BES; MCIP, RPP
Senior Planner i Planning Division i City of Kitchener
(519) 741-2200 ext 7073 1 TTY 1-866-969-9994 i craia.dumartP—kitchener.ca
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Page 666 of 668
Craig Dumart
From: Katie Steckly and Daniel Penner <
Sent: Thursday, July 13, 2023 12:10 PM
To: Craig Dumart
Subject: Feedback on the Proposed Development for 417 King Street W
You don't often get email from _ a...0 ..,.��. —arn why this is important
Hello,
My name is Daniel Penner and I'm a unit owner and resident d, ). I'd
like to provide feedback on the Proposed Development for 417 King Street W. Kitchener.
wasn't able to attend the virtual meeting on Tuesday but I have read through the planning documents in
detail. Here is my feedback, from highest priority to lowest:
• Developer should pay for a portion of (or enhancements to) the proposed Transit Hub.
o Similarly to how the approved development immediately south (on the NW corner of Francis and
Charles) paid for enhancements to the Francis Green
o Residents of this development will be primary users of the Transit Hub (due to proximity and the fact
that most units won't have parking spots) which is excellent!
• Include 3 and 4 bedroom units
o I'd like there to be diversity of demographics and family units downtown; not solely young professionals
o I'd suggest a minimum of 15% of the units be 3+ bedrooms
• Include Affordable Housing or Social Housing
o Specifically I'd like to see 20% units sold below market rate to individuals and families who could not
otherwise afford to be homeowners.
o Even if that isn't possible, I'd ask that the pricing of the units be such that it meets the Region of
Waterloo's definition of Affordable Housing (30 per cent of their income on housing costs)
• Mitigations for wind conditions on sidewalks
o The wind study acknowledges "localized uncomfortable conditions during winter months". There is
already a "Venturi Effect" or "wind tunnel" noticeable in the area that I've noticed on my own
experience.
o I'd like to see both hard and soft wind barriers (fixed canopies and windscreens on the structure; trees
or hedges along the sidewalk — if there's enough light to keep them alive).
At least 1 bike parking space per unit
o Given how compact bike parking is, this seems like a bare minimum.
At least 50% of required parking be EV ready
o I personally think this would be a selling point for the developer. It seems like a small ask.
I understand that this process is a negotiation with the developer. What I ask is that you drive a hard bargain
on behalf of the city and its residents. I agree that this is the exact type of development that the city should be
encouraging (high density within the core), but it seems to me there is no shortage of developers proposing
new condos in this area. I strongly believe we should be negotiating for every communal benefit we can get
from these developers, even if that means scaring a few of them off.
Page 667 of 668
I'd appreciate a reply so that I know you received this email and an acknowledgement that my comments will
be included within the summary of public feedback. I'm also happy to follow-up if any of my comments are
unclear or if you have any additional questions.
Thank you for your openness to feedback!
Daniel Penner
Page 668 of 668