The URL can be used to link to this page

Home My WebLink AboutDSD-2023-552 - Supplemental Report to DSD-2023-299 - OPA23/007/K/CD - ZBA23/011/K/CD - 417 King Street West - Vanmar Developments 417 King GP CorpStaff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 11, 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.: December 7, 2023 DSD -2023-552 SUBJECT: Supplemental Report to DSD -2023-299 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 ZBA23/011/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: On October 30, 2023, Planning and Strategic Initiatives Committee considered report DSD -2023-299 which sought the approval of the Committee for an Official Plan Amendment and Zoning By-law Amendment for 417 King Street West. At this meeting the Committee resolved: "That the following motion be deferred to the November 6, 2023 Council meetin_g (further deferred by Council to the December 11, 2023 Council meeting) to allow an opportunity for staff to engage with NAV Canada to determine best *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 16 of 99 measures to mitigate any potential impacts to the runway approach for Waterloo Region International Airport.- That irport: That Official Plan Amendment Application OPA/23/007/WCD for Vanmar Developments 417 King GP Corp, for the property municipally addressed as 417 King Street West, 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 Development Services Department report DSD -2023-299 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/011/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 Development Services Department report DSD -2023-299 as Appendix `B'. " On November 27, 2023, Nav Canada provided a land use evaluation letter (Attachment A) advising that Nav Canada has evaluated the proposed development at 417 King Street West and have no objections subject to the applicant adhering to conditions of the land use evaluation letter. The applicant is agreeable to the conditions of Nav Canada's land use evaluation letter which will be addressed prior to issuance of a building permit and installation of a construction crane. Staff are not recommending any revisions to the Zoning By-law Amendment or Official Plan amendments attached to Report DSD -2023- 299. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • DSD -2023-299 —Official Plan Amendment Application & Zoning By-law Amendment Application 417 King Street West. APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Nav Canada Letter Attachment B — Regional Updated Comments Page 17 of 99 NAV CANADA Proprietary / Propriete exclusive NAV Serving a world in motion Au service d'un CANADA monde enmouvement navcanada.ca November 27, 2023 Your file CYKF - 417 King Revised (Building and Crane) Our file 23-4258 Mr. Mauricio Miranda VanMar Developments Inc 145 Goddard Crescent, Cambridge, ON N3E 0131 RE: Development Proposal/Plans: Building(s) and Crane(s) -Waterloo, ON (See attached document(s)) Mr. Miranda, NAV CANADA has evaluated the captioned proposal and we have no objection to the project as submitted provided the following conditions are adhered to: • No changes are to be made to the building location, dimensions and height. • No changes are made to the construction crane location, swing radius and height. o The design surfaces of our LNAV/VNAV instrument flight procedure that is currently being redesigned as a result of your proposal are extremely close to both the building and crane and NAV CANADA will use the proposed locations in you submission to ensure we clear both obstacles. • No cranes or building can exceed the height of 1600 ASL until the new instrument flight procedure for runway 08 for Kitchener / Waterloo Airport (CYKF) are published and in effect. o NAV CANADA intends' on publishing the revised instrument flight procedures on July 11, 2024. The procedures would become in effect on that verry same day at 09:01 Zulu or (05:01 local). This will be confirmed on May 16, 2024. Please follow up with us on or after this date to ensure these procedures have not encountered any production delays. • The departure procedures for RWY 26 will be impacted as follows: o While construction crane is up, runway 26 departure climb gradient, must be increased to 270 FT/NM o After the crane is removed the climb gradient will remain and lowered to 220 FT/NM to clear the building • Any additional cranes used to erect or remove the construction crane must also be submitted for review as additional mitigations will be required with any additional height. In the interest of aviation safety, it is incumbent on NAV CANADA to maintain up-to-date aeronautical publications and issue NOTAM as required. To assist us in that end, we ask that you notify us at least 10 business days prior to the start of construction. This notification requirement can be satisfactorily met by returning a completed, signed copy of the attached form and an Excel copy of the attached spreadsheet by email at land useanavcanada.ca or fax at 613-248-4094. In the event that you should decide not to proceed with this projector if the structure is dismantled, please advise us accordingly so that we may formally close the file. If you have any questions, contact the Land Use Department by email at land use(a.navcanada.ca. NAV CANADA's land use evaluation is based on information known as of the date of this letter and is valid for a period of 18 months, subject to any legislative changes impacting land use submissions. Our assessment is limited to the impact of the proposed physical structure on the air navigation system and installations; it neither constitutes nor replaces any approvals or permits required by Transport Canada, other Federal Government departments, Provincial or Municipal land use authorities or any other agency from which approval is required. Innovation, Science and Economic Development Canada addresses any spectrum management issues that may arise from your proposal and consults with NAV CANADA engineering as deemed necessary. 1601 Tom Roberts Avenue, Ottawa, ON, K1V 1E5 1601 avenue Tom Roberts, Ottawa, Ontario, K1 1E5 Email: land use@navcanada.ca Courriel : utilisationdeterrain naVBctf 99 Z-LDU-105 Version 2.0 14 June 2022 NAV CANADA Proprietary / Propriete exclusive NAV Serving a world in motion GNSS Au service d'un CANADA monde enmouvement RNP navcanada.ca This document contains information proprietary to NAV CANADA. Any disclosure or use of this information or any reproduction of this document for other than the specific purpose for which it is intended is expressly prohibited except as NAV CANADA may otherwise agree in writing. Regards, Land Use Office NAV CANADA cc ONTR - Ontario Region, Transport Canada garett.stevenson@kitchener.ca akutle r@reg ionofwaterloo.ca craig.dumart@kitchener.ca asinclair@mhbcplan.com jvonwesterholt@mhbcplan.com pleveck@urbanlegendgroup.com Acronyms: RNAV - Area Navigation GNSS - Global Navigation Satellite System RWY -Runway RNP - Required Navigation Performance LNAV/VNAV - Barometric Vertical Navigation 1601 Tom Roberts Avenue, Ottawa, ON, K1V 1E5 1601 avenue Tom Roberts, Ottawa, Ontario, K1 1E5 Email: land use@navcanada.ca Courriel : utilisationdeterrainnapgctf 99 Z-LDU-105 Version 2.0 14 June 2022 Craig Dumart Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SEPVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N20 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: D17/2/23007 C14/2/23011 December 7, 2023 Re: Updated Regional Comments 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. 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 Document Number: 4541766 Page 20 of 99 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. Further to our comments dated June 29, 2023, the Region has had the opportunity to review the proposal and offers the following updated comments: Regional Comments 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. In the June 29, 2023 comments, Regional staff identified a concern with this development as the development (building and proposed crane) would exceed the maximum elevation permitted of 487m ASL. It would therefore impact YKF instrument flight procedures, particularly the Runway 08 RNP approach and Runway 26 departures. The Region is currently working with Nav Canada to redesign the Runway 08 approaches, to mitigate impacts to the airport and development community within the Region. Given the height of this proposed development and proximity to the airport, the Region initiated a Nav Canada Land Use assessment on behalf of the Owner/Developer. The developer submitted information to Nav Canada, including building and crane coordinates and elevations. On November 27, 2023, Nav Canada issued correspondence stating no objection to the proposed building height at 417 King Street West subject to a number of conditions. A copy of the Nav Canada letter is attached as Attachment 1. These conditions specifically require that: No changes are made to the building location, dimensions and height; No changes are made to the construction crane location, swing radius and height; and, No crane or building exceeds the 487m ASL elevation before the revised instrument flight procedures are published and in effect, which is expected July 11, 2024. Document Number: 4541766 Page 21 of 99 In accordance with the Nav Canada correspondence, the Region requires that the Zoning By-law Amendment for the subject lands includes the precise building coordinates, including a maximum height for the building and any associated construction crane as submitted and reviewed by Nav Canada. Through the future Site Plan application should any changes be proposed to the location or height of the building or crane, the Region and Nav Canada would need to review these proposed changes to ensure no impact on airport operations. Obstacle ID Ground Elevation (m) Structure Height (m) Total Height (m) 2162.5001 463.0001 2625.5002 Building NW 330 205 535 Building NE 330 205 � 535 Building SW 330 205' 535 Building SE 330 205 535 Crane (Hammerhead) 330 235.135 565.135 Obstacle ID LAT dd mm ss.ss LONG Add mm ss.ss Ground Elevation (Feet) Structure Height (Feet) Total Height (Feet) Example 1 60 39 16.59 -110 36 14.01 2162.5x01 453.0001 2625.5002 Building NW 4327 9.1224 -80 29 56.9604 1082.6772 672.5722 1755.2493 Building NE 43 27 8.4132 -80 29 48.5952 1082.6772 672.5722 1755.2493 Building SW 43 27 7.7976 -80 29 51.6624 1082.6772 672.5722 17552493 Building SE 43 27 6.9948 -80 29 49.3728 1082.6772 672.5722 1755.2493 Crane {Hammerhead} 43 27 8.1036 -80 29 49.9848 1082.6772 771.4403 1854.1175 Conclusions: In summary, the Region has no objections to Official Plan Amendment Application OPA 23/07 and Zoning By-law Amendment Application ZBA 23/11 subject to the following: 1. That the Zoning By-law Amendment for the subject lands includes the precise building coordinates, including a maximum height for the building and any associated construction crane as submitted and reviewed by Nav Canada. 2. 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: Document Number: 4541766 Page 22 of 99 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 impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. 3. 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 ooling,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: 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 draft by-law and decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Alyssa Bridge, MAES, MCIP, RPP Supervisor, Development Planning 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: 4541766 Page 23 of 99