HomeMy WebLinkAboutDSD-2024-467 - Zoning By-law Amendment Application ZBA24/022/K/ES - 864-876 King Street West - King Pine Kitchener Inc.StaNRepvrt
Development Services Department www.kitchener.ca
REPORTTO: Planning and Strategic Initiatives Committee
DATE OF MEETING: October 28, 2024
SUBMITTED BY: Garett Stevenson, Director of Development and Housing
Approvals, 519-741-2200 ext. 7070
PREPARED BY: Eric Schneider, Senior Planner 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: October 18, 2024
REPORT NO.: DSD -2024-467
SUBJECT: Zoning By-law Amendment Application ZBA24/022/K/ES
864-876 King Street West
King Pine Kitchener Inc.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA24/022/K/ES requesting to amend
Zoning By-law 85-1, for King Pine Kitchener Inc. be approved in the form shown in
the `Proposed By-law', and `Map No. 1, attached to Report DSD -2024-464 as
Attachments 'Al' and `A2'; and
That Zoning By-law Amendment Application ZBA24/022/K/ES requesting to amend
Zoning By-law 2019-051, for King Pine Kitchener Inc. be approved in the form shown
in the `Proposed By-law', and `Map No. 1, attached to Report DSD -2024-432 as
Attachments `131' and `132'; and further
That the Proposed By-law to amend Zoning By-law 2019-051, as amended by By-law
2024-065, shall have no force and effect until By-law 2024-065 (Growing Together
PMTSAs) is in full force and effect.
REPORT HIGHLIGHTS:
• The purpose of this report is to evaluate and provide a planninq recommendation
regarding the Zoning By-law Amendment Application for the subject lands located at
864-876 Kinq Street West. It is planninq staffs recommendation that the Zoning By-
law Amendment Application be approved.
• The proposed amendment supports the creation of 456 dwelling units on an
underutilized site within a Protected Major Transit Station Area (PMTSA) that contains
a two storey commercial building previously used as a CTV news studio.
• Community engagement included:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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•circulation of preliminary notice letter to property owners and residents within 240
metres of the subject site;
• installation of a large billboard notice sign on the property;
•follow up one-on-one correspondence with members of the public;
• Neighbourhood Meeting held on September 18, 2024;
• postcard advising of the statutory public meeting was circulated to all residents and
property owners within 240 metres of the subject site, those who responded to
the preliminary circulation; and those who attended the Neighbourhood Meeting;
• notice of the public meeting was published in The Record on October 4, 2024.
• This report supports the delivery of core services.
• This application was deemed complete on August 8, 2024. The Applicant can appeal
this application for non -decision after November 7, 2024.
EXECUTIVE SUMMARY:
The owner of the subject lands, addressed as 864-876 King Street West, is proposing to
add a Special Regulation Provision in Zoning By-law 85-1 and add a Site Specific
Provision in Zoning By-law 2019-051 to facilitate the development of the site with high
density residential. Staff are recommending that the application be approved.
BACKGROUND:
The City of Kitchener has received an application for a Zoning By-law Amendment from
King Pine Kitchener Inc. for a development concept that proposes a first phase of a multi -
tower development, a 45 storey tower with 456 dwelling units.
The subject property is identified as a `Major Transit Station Area' on the City's Urban
Structure (Map 2 - City of Kitchener Official Plan). In March of 2024 Council approved
`Growing Together' which changed the land use of the subject lands to `Strategic Growth
Area - C (SGA -C)' in the City of Kitchener's Official Plan and the zoning to `Strategic
Growth Area Four Zone (SGA -4)' in Zoning By-law 2019-051.
The SGA -C land use designation is applied to large, underutilized sites and properties
next to ION station stops, where high-density intensification can be supported, is
expected, and is planned for.
Existing SGA -4 zoning permissions include:
• Residential and Commercial uses.
• No maximum building height.
• 0 vehicle parking spaces required.
• 1 Class A (indoor secured) Bicycle Parking Space required per dwelling unit.
• Form based regulations for towers such as building length and floor plate area
maximums, as well as physical separation.
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Figure 1 — Location Map: 864-876 King Street West
Site Context
The subject lands are addressed as 864-876 King Street West and are situated within a
"Protected Major Transit Station Area' as identified on the City's Urban Structure map in
the Official Plan. The subject lands are comprised of two parcels of lands that contained
the CTV Kitchener Studios (864, 866, 868, 876 King Street West) and the associated
transmission tower (872 King Street West). The consolidated parcels form a large irregular
parcel of land having an area of 0.63 hectares (1.55 acres) with frontage along King Street
West (Regional Road) and Pine Street (Local Road). The surrounding neighbourhood is
developed with a range of commercial and institutional uses, including Grand River
Hospital along with a mix of high, medium and low density residential dwellings.
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Figure 2 — View of Subject Lands (Intersection of King Street West and Pine Street)
Figure 3 — View of Subject Lands (Pine Street)
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Figure 4 — View of Subject Lands (Rear of site from Mackenzie -King Sports Field)
REPORT:
The applicant is proposing to develop the lands with a 45 -storey multiple dwelling building,
having 456 dwelling units. The proposed development represents "Phase 1" of a multi-
phase build -out of the lands. The subject application is only evaluating Phase 1 of the
lands. Future phases may need (a) subsequent Zoning By-law Amendment
application(s) basedon compliance/non-compliance with applicable zoning
regulations.
The 'Growing Together' Zoning By-law Amendment to Zoning By-law 2019-051 is currently
under appeal. As a result, zoning the subject lands are currently "dual testing" in which
both Zoning By-law 85-1 and Zoning By-law 2019-051 are in effect, and the most stringent
regulation in each Zoning By-law would be applied. It is therefore necessary at this time to
amend both Zoning By-laws in effect as part of this application.
The "High Intensity Mixed Use Corridor Zone (MU -3)" in Zoning By-law 85-1 permits
multiple dwelling buildings with no maximum building height, and a maximum Floor Space
Ratio of 4.0.
The "High Rise Growth Zone (SGA -4)" in Zoning By-law 2019-051 permits multiple
dwelling buildings with no maximum building height or Floor Space Ratio (FSR).
The applicant is requesting a Zoning By-law Amendment to both Zoning By-laws to
establish specific development standards for the proposed development.
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Revisions made to application through review:
Staff note that the application was submitted as a 44 storey tower by the applicant. Upon
review by staff, it was determined that the mezzanine parking level between the ground
floor level and second level of parking structure counts as a storey, and therefore the
proposal shall be considered a 45 storey tower.
Based on comments received from Staff during the review process, the applicant has
provided a revised concept that better achieves the intent of the built form regulations in
the `Growing Together' zoning and creates a more orderly form of development that allows
future development of adjacent lands.
The placement of the tower has been revised to rotate orientation of the tower by 90
degrees. In addition, the applicant has increased the physical separation distances of the
tower from the eastern and southern (side) lot lines and the northern (rear lot line), to
achieve a greater compliance to the required physical separation distances required in the
SGA -4 zone.
Figure 5 — Original and Revised Tower Placement
Highlights of Changes to Tower Placement
Minimum Physical Separation
Original
--- - — -
North 15 m
3.1 m
4.7 m
East 15 m
11.6 m
I I I I
South 15 m
TOWER A
L P
14.0 m
!l i
--- .--- _ --- . ----- ------- _1.__. ------- .1_._. --------
TOYER A
--- .
I I I
ells
I I I l
}f
PARKING PC IUM r' �1 0 ■ �, J r ...
. _
i lli I 1.
PAiKING POdIum
_._ ,5 �P
ilcc .�
Original
Revised
Figure 5 — Original and Revised Tower Placement
Highlights of Changes to Tower Placement
Minimum Physical Separation
Original
Revised
North 15 m
3.1 m
4.7 m
East 15 m
11.6 m
14.6 m
South 15 m
10 m
14.0 m
Inclusionary Zoning
Inclusionary Zoning (IZ) is a land -use planning tool, authorized through the Planning Act,
that can be used by municipalities to require affordable housing units in new residential
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and mixed-use developments located in Protected Major Transit Station Areas (PMTSAs).
The tool has been used successfully in a number of different jurisdictions to create a
modest but meaningful supply of affordable housing.
On March 18, 2024, Council passed By-law 2024-068 to amend Zoning By-law 2019-051
and By-law No. 2024-069 to amend Zoning By-law 85-1, and adopted Amendment 48 to
the Official Plan. The amending by-laws require affordable housing units in new
developments to be included as part of market housing development within PMTSAs.
The subject property is located within the Grand River Hospital PMTSA, an established
Market Area. Inclusionary Zoning set-aside rates (percentage of gross leasable residential
floor area to be provided as affordable units) are determined at the date of building permit
issuance for above grade permits issued after January 1, 2025.
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 Planning Statement, 2024, 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 Planning Statement, 2024 and to ensure Provincial policy is adhered to.
Provincial Planning Statement, 2024:
The Provincial Planning Statement (PPS), 2024 is a streamlined province -wide land use
planning policy framework that replaces both the Provincial Policy Statement, 2020 and A
Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while building upon
housing -supportive policies from both documents. The PPS 2024 came into force on
October 20, 2024.
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The PPS 2024 provides municipalities with the tools and flexibility they need to build more
homes. Some examples of what it enables municipalities to do are; plan for and support
development and increase the housing supply across the province; and align development
with infrastructure to build a strong and competitive economy that is investment -ready.
Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promotes planning for people and homes and
supports planning authorities to support general intensification and redevelopment while
achieving complete communities by, accommodating an appropriate range and mix of land
uses, housing options, transportation options with multimodal access, employment, public
service facilities and other institutional uses, recreation, parks and open space, and other
uses to meet long-term needs. Policies further promote, improving accessibility and social
equity, and efficiently using land, resources, and existing infrastructure.
Planning staff is of the opinion that this proposal in in conformity with the PPS.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
within the Urban Area. The subject lands are designated Built -Up Area in the ROP. This
neighbourhood provides for the physical infrastructure and community infrastructure to
support the proposed residential development, including transportation networks,
municipal drinking -water supply and wastewater systems, and a broad range of social and
public health services. Regional policies require Area Municipalities to plan for a range of
housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents.
The subject lands are located in the Grand River Hospital Station MTSA in the ROP. The
minimum density target within the Grand River Hospital Station MTSA is 160 residents and
jobs/ha. The density proposed through this application exceeds the density target of 160
residents and jobs/ha on a site specific basis and the proposed development would
contribute to the achievement of the overall density target for the Grand River Hospital
Station MTSA.
The Region of Waterloo has indicated they have no objections to the proposed application
(Attachment `E'), provided a requested holding provision for a record of site condition is
applied. Planning staff are of the opinion that the application conforms to the Regional
Official Plan.
City of Kitchener Official Plan (OP)
The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision
is further articulated and implemented through the guiding principles, goals, objectives,
and policies which are set out in the Plan. The Vision and Goals of the OP strive to build
an innovative, vibrant, attractive, safe, complete and healthy community.
Complete Community
A complete community creates and provides access to a mix of land uses including, a full
range and mix of housing, including affordable housing, recreation, commerce, community
and cultural facilities, health care facilities, employment, parks and open spaces
distributed and connected in a coherent and efficient manner. A complete community also
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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 456 residential units
on the subject lands in a high density form that makes efficient use of existing
infrastructure.
Urban Structure
The Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. Intensification Areas
are targeted throughout the Built-up Area as key locations to accommodate and receive
the majority of development or redevelopment for a variety of land uses. Primary
Intensification Areas include the Urban Growth Centre, Protected Major Transit Station
Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official
Plan. The subject lands are located within a Protected Major Transit Station Area. The
planned function of the Protected Major Transit Station Areas 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 Protected Major Transit Station
Areas give consideration to the Transit -Oriented Development policies contained in
Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development
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 existing off-road pedestrian and future cycling facilities.
The proposed development is located in a prime location for high intensity development.
The subject lands are in close proximity to the Grand River Hospital Station ION Stop.
Future redevelopment of the lands will support the City's policies for a Major Transit
Station Area and also contributes to the vision for a sustainable and more environmentally -
friendly city.
Land Use
The subject lands are designated `Strategic Growth Area C' in the City of Kitchener's
Official Plan.
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The `Strategic Growth Area C' land use designation is intended to accommodate
significant intensification at high density. Lands designated `Strategic Growth Area C' are
generally centrally located within Intensification Areas and/or represent redevelopment
opportunities at higher density. It is anticipated that some areas within the `Strategic
Growth Area C' land use designation will require the assembly of lands for development.
Further, some lands designated `Strategic Growth Area C' are adjacent to lands planned
for medium rise uses or which contain existing low rise residential uses. As such, the
implementing zoning may restrict building height as an interim measure to ensure orderly
development through a development application demonstrating that the policies of this
plan are met.
3.C.2.11. The City will discourage a reduction in the lot area of property if the reduction in
lot area has the potential to compromise intensification. Consolidation of
properties will be encouraged in the interest of comprehensive planning to
achieve better site configuration, the provision of amenities and land use and
design efficiency.
15.D.2.5. Notwithstanding policies 4.C.1.8 and 4.C.1.9, site specific applications which
seek relief from the implementing zoning through a minor variance(s) or
amendment to the Zoning By-law, and/or seek to amend this Plan will consider
the following factors:
a) compatibility with the planned function of the subject lands and adjacent
lands;
b) suitability of the lot for the proposed use and/or built -form;
c) lot area and consolidation as further outlined in Policy 3.C.2.11-1
d) compliance with the City's Urban Design Manual and Policy 11.C.1.34;
e) cultural heritage resources, including Policy 15.D.2.8; and,
f) technical considerations and other contextual or site specific factors.
15.D.2.6. The implementing zoning may regulate matters related to built form including,
but not limited to, building length, floor plate area, on-site separation between
buildings, and off-site separation between buildings.
15.D.2.7. Large scale developments will be expected to provide appropriate landscaping
in accordance with the City's Urban Design Manual through the Site Plan
Control process.
15.D.2.75. Lands designated Strategic Growth Area C may have no maximum building
height. The implementing zoning may limit building heights.
15.D.2.76. Where the implementing zoning has a maximum building height in accordance
with Policy 15.D.2.46, the City may consider site specific increases to the
permitted building height in accordance with Policy 15.D.2.5.
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Desian in Protected Maior Transit Station Areas
11.C.1.34. New tall building development and/or redevelopment will have consideration for
tall building design principles including physical separation, overlook, relative
height, floor plate area, building length, tower placement, orientation and
building proportion, among others. The City will provide design criteria for tall
buildings through zoning regulations and the urban design manual, where
appropriate. This is to:
a) mitigate environmental impacts caused by tall buildings such as
shadows, accelerated winds, access to light and sky and more;
b) create high-quality design relationships between the built -forms of
multiple adjacent or nearby towers that account for occupant privacy and
quality of life, contribute toward a visually interesting skyline, and ensure
good compatibility between buildings in dense, urban environments.
c) ensure good compatibility with surrounding low and mid -rise contexts.
d) ensure that the development of future, adjacent or nearby tall buildings is
not frustrated and can continue to achieve high-quality design principles.
11.C.1.36. In addition to the policies in this section, development and/or redevelopment
and public works will require a high standard of urban design in Protected Major
Transit Station Areas and will require a site specific urban design brief and/or
urban design report in accordance with Section 17.E.10 to demonstrate how the
development application exemplifies high quality urban design and will
contribute to the public realm and placemaking in the station area and around
the station stop.
11.C.1.37 The City will require development and/or redevelopment and public works in the
Protected Major Transit Station Area to support and contribute to a high quality
public realm. To do this the City will:
a) ensure streetscape design supports safe and comfortable walking, cycling
and rolling throughout the station area, including to and from transit stops.
b) require a high quality public realm at grade which includes sidewalks, street
furniture, street trees and landscaping. Where this is not achieved within the
public right of way, encourage these placemaking elements to be located on
private property or in shared ownership.
c) require developments to support, maintain and/or increase the tree canopy,
where possible, to support Kitchener's Sustainable Urban Forestry Strategy.
d) encourage Low Impact Development ("LID") water management techniques,
including materials and plantings that have a high infiltration rate within
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boulevards and setbacks, to reduce the impact on the city's stormwater
management system;
e) encourage landscape screening between the public right of way and any
visible surface parking, loading/service areas or back of house functions.
f) encourage pedestrian shelter and bicycle parking along streets that connect
to transit stops and/or contain existing or planned active transportation
infrastructure.
g) encourage direct connections from private and public development to
existing and proposed active transportation infrastructure, such as public
trails;
h) encourage the provision of public open spaces, public art, wayfinding, and
other creative placemaking interventions in private developments; and,
i) require active transportation connections and mid -block connections through
development and/or redevelopment, where appropriate."
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.
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 ION Grand River Hospital Station Stop. The building has excellent access
to cycling networks, including future on and off-street cycling facilities and is located in
close proximity to the Iron Horse Trail and Spur Line Trail. 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.
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Sustainable Development
Section 7.C.4.1 of the City's Official Plan ensures developments will 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. The applicant has provided a Sustainability Statement that details
the sustainability considerations. Highlights include:
• Compact Development and Built Form
• Low Impact Development Principles
• Low Flush Toilets and Low -Flow Shower Heads
• Roof Materials Cool Coloured to reduce effects of Heat Island Effect
• Heat Pump Chillers
Proposed Zoning By-law Amendment
The subject lands are currently zoned both in Zoning By-law 85-1 and Zoning By-law 2019-
051 (currently under appeal on subject lands). Changes to both By-laws are necessary as
part of this Zoning By-law Amendment and are described separately below.
Zoning By-law 85-1:
The subject lands are currently zoned `High Intensity Mixed Use Corridor (MU -3)' in Zoning
By-law 85-1.
The applicant has requested to add a Special Regulation Provision (817R) in Zoning By-law
85-1 to establish site specific development standards:
1. Maximum Front Yard Setback (King Street West) of 31.4 metres rather than the
required 10 metres.
2. Maximum Side Yard Abutting a Street Setback (Pine Street) of 38.2 metres rather
than the required 10 metres.
3. Minimum Rear Yard Setback of 1 metre rather than the required 14 metres.
4. Maximum Floor Space Ratio of 7.3 rather than the required 4.0.
Staff offer the following comments with respect to the requested special regulation
provision:
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Maximum Yard Setback to Street Lines
Staff acknowledge that the proposed development represents the first phase of a multi-
phase development. The non-compliance is due to the rear of the site developing first, and
leaving a large area between the proposed development area the first phase and the
street lines. Staff acknowledge that development of the second phase on the balance of
the lands will locate building area closer to the street lines and address the street.
Minimum Rear Yard Setback
The intent of the requirement for a rear yard setback of 14 metres is to provide adequate
building separation and outdoor amenity area. The rear yard is located on the North
property line where the site abuts Mackenzie -King Field, a sports field used by Kitchener
Collegiate Institute for active school activities. The Waterloo Region School Board intends
to continue the use of the lands as a sports field, and staff acknowledge that the site will
likely not be developed with buildings, addressing the intention for adequate building
separation.
Regarding outdoor amenity space, the applicant is proposing both at grade amenity space
at the front of the building, as well as outdoor amenity space on the 7t" floor rooftop of the
building base parking structure. Staff are satisfied that the proposed 1 metre setback for
the building base parking structure is adequate.
Floor Space Ratio
The regulation for Floor Space Ratio maximum of 4.0 is designed to control the massing
and building height of development on the lands. The maximum of 4.0 is based on a
planning framework that included Bonusing, a planning tool to increase density based on
community benefits such as providing dwelling units, public art, and heritage conservation.
Bonusing is no longer permitted under the Provincial planning framework, so the maximum
of 4.0 not conducive to high rise development, which the lands are zoned and designated
for. Staff acknowledge that Council has approved the Growing Together zoning, which no
longer uses Floor Space Ratio to regulate massing and height, and instead uses built form
regulations that will be discussed further in the report.
Zoning By-law 2019-051:
The subject lands are zoned `High Rise Growth Zone (SGA -4)' in Zoning By-law 2019-051
(currently under appeal).
The applicant has requested to add a Site Specific Provisions (415) in Zoning By-law 2019-
051 to establish site specific development standards:
1. Minimum Yard Setback of 1 metre (North property line, right side), 1.8 metres
(Northwest property line), 2.3 metres (North property line, left side) rather than the
minimum of 3 metres.
2. Building Base height of 7 storeys rather than the maximum of 6 storeys.
3. Minimum Street Line Ground Floor Building Height of 3.2 metres rather than the
minimum of 4.5 metres
4. For Storeys 7-12: Physical Separation of 1 metre (North property line, right side), 1.8
(Northwest property Line), 2.3 metres (North property line, left side), 4.2 metres (East
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property line, North side), 2.4 metres (East property line, South side) rather than the
minimum of 6 metres.
5. For Storey 7: Floor Plate Area of 2080m2 rather than the maximum of 2000m2.
6. For Storeys 13-18: Physical Separation of 4.7 metres (North property line, right side),
2.7 metres (Northwest property line), 2.7 metres (North property line, left side) rather
than the minimum of 9 metres.
7. For Storeys 19-36: Physical Separation of 4.7 metres (North property line, right side),
2.7 metres (Northwest property line), 2.7 metres (North property line, left side) rather
than the minimum of 12 metres.
8. For Storeys 37 and above: Physical Separation of 4.7 metres (North property line,
right side), 2.7 metres (Northwest property line), 2.7 metres (North property line, left
side) 14.6 metres (East property line, North side), 14 metres (South interior property
line) rather than the minimum of 15 metres.
Items 9-12 are regulations for lands on Priority Streets. King Street West is identified
as a Priority Street.
9. A Community use or Commercial Use occupies 0% of the street line ground floor
rather than the minimum of 50%.
10.Above grade structured parking spaces are located on the street line ground floor
and street line second floor, whereas they are not permitted.
11.Above grade structured parking spaces occupy 100% of the street line fagade within
the base of a building rather than the maximum of 50%.
12. Street line ground floor fagade openings of 5% rather than the minimum of 40%.
13. 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.
Staff offer the following comments with respect to the requested site specific provision:
Yard Setback
The regulation for a yard setback of 3 metres is designed to provide a buffer from the
street line, or internal lot lines that abut developed or future development lands. The North
property line abuts Mackenzie -King Field, a sportsfield used by Kitchener Collegiate
Institute for outdoor school activities. The school lands are proposed to remain in use as a
sportsfield and are unlikely to be developed with buildings. Staff are of the opinion that the
requested setback of 1 metre is adequate for the North property line.
Building Base Height
The regulation that requires a maximum of 6 storeys for a building base is intended to
provide a human -scaled streetscape and articulate the building design. As the proposal is
for the first phase of the development of the lands, the proposed base is located a
significant distance from the street lines. The building base height in this area does not
Page 148 of 232
impact the streetscape due to its distance from street lines. Staff acknowledge that the
second floor of the building base is a half -floor mezzanine that allows the building lobby to
be 2 storeys high, which contributes to a higher level of urban design for the building
entrance and lobby.
Street Line Ground Floor Building Height
Requirements for a 4.5 metre street line ground floor building height is to address the
street with pronounced ground floor that welcomes and is differentiated from storeys
above to address the pedestrian realm. The ground floor of the proposed building is
located over 30 metres from the street lines at Pine Street and King Street West, as it is an
interior building in phase 1 of a multi -phase construction plan. Future proposals for
buildings in phase 2 will be located closer to Pine Street and King Street West and will
have the opportunity to address the street.
Floor Plate Area
Limits on building length and floor plate area are tied to different height ranges, to ensure
the impacts of tall buildings are managed as they get taller. The requested floor plate area
of 2080 m2 is for the 7t" floor only and is a result of the building base height being 7
storeys rather than the maximum of 6 storeys. Staff acknowledge that the Floor Plate Area
of the tower portion complies with the Growing Together regulations, and the relief sought
by the site specific provision is for the building base only.
Physical Separation
The requirements for physical separation are intended to control the massing and building
placement of development and redevelopment, to ensure that there are no adverse impacts
to surrounding lands, and that the redevelopment potential of abutting lands is not frustrated
or compromised by development of the subject lands.
Staff have worked considerably with the applicant to design a tower placement that achieves
the objectives of the applicant for unit size, unit quantity, and constructability, while ensuring
that the objectives of the regulations for physical separation are being met. This included
rotating the tower, changing floor plate dimensions, and relocating the building base. The
physical separation requirements for the tower portion facing the abutting SGA -4 lands both
to thet East property line and the South property line of the site are now met for all floors
except 37-45, where a 0.4-1 metre reduction is requested for those floors only.
The most significant relief sought for physical separation are on the North property lines
(irregular shaped lot). Staff acknowledge that the planned future use of the abutting lands
to the North as a sportsfield for KCI secondary school reduces the need for a physical
separation to the North property line, as the abutting lands are not likely to be redeveloped
with buildings.
Staff have evaluated the site context of the subject lands, including the irregular shaped lot,
the use and planned function of the abutting lands, and the use and planned function of
lands in the surrounding neighbourhood and area. Staff prefer the revised concept as
compared to the original concept, as the physical separation on the easterly side yard is
now largely met.
Page 149 of 232
Physical separation is a fundamental regulation of the Strategic Growth Area (SGA) zones
to regulate built form and to ensure that new development does not frustrate the
redevelopment of an adjacent property. Adequate physical separation is also vital to
ensure that residents living in the dwelling units within a building have access to light,
views, and privacy from adjacent properties.
The SGA zones take a modern approach to regulating density and the form of buildings,
rather than using floor -space -ratio (FSR) and maximum densities, built -form regulations
such as height, maximum building length, maximum floor plate areas and minimum
physical separation between buildings are used. As there are no FSR and maximum
densities regulations in the SGA zones, any relief to the built form regulations related to
density and height must be carefully considered.
The requested site specific provision for physical separation meets the objectives of the
regulations given the site context, as redevelopment potential to abutting lands is not
adversely frustrated by the relief sought.
Priority Street Regulations
The priority street regulations are intended to require a higher level of urban design for
buildings and streetscapes along major streets within MTSAs. The relief sought for these
regulations is technical in nature, as they are a result of the applicant phasing the project
and making the first phase at the rear of the site. Upon full redevelopment of the site, the
applicant will locate the second phase building closer to King Street and the priority street
regulations will be addressed at that time.
Prohibition of Geothermal Wells
The purpose of this regulation is to protect sensitive groundwater areas. The Region of
Waterloo requires a prohibition on geothermal energy on the subject lands.
Proposed Zoning By-law Amendment Application Conclusions
Staff is of the opinion that the proposed Zoning By-law Amendment Application to add a
new Special Regulation Provision and a Site Specific Provision represents good planning
and is justified.
Department and Agency Comments:
Preliminary circulation of the Zoning By-law Amendment Application was undertaken in
August 2024 to applicable City departments and other review authorities. Concerns with
building design were identified by Staff and ultimately resolved with a revised concept plan
showing an altered tower and building base placement. Copies of the comments are found
in Attachment `D' of this report.
The following reports and studies were considered as part of this proposed Zoning By-law
Amendment:
• Planning Justification Report
Prepared by: MHBC Planning, June 2024
• Aeronautical Study
Page 150 of 232
Prepared by: IDS North America Ltd, June 2024
• Urban Design Brief
Prepared by: MHBC Planning, June 2024
• Arborist Report
Prepared by: JK Consulting Arborists, June 21, 2024
• Architectural Site Plans
Prepared by: Reinders and Law, May 21, 2024
• Transportation Impact Study
Prepared by: Paradigm Transportation Solutions, June 2024
• Site Servicing Plan
Prepared by: Reinders and Law, February 2, 2024
• Sustainability Statement
Prepared by: MHBC Planning, June 28, 2024
• Preliminary Geotechnical Report
Prepared by: Chung & Vander Doelen Engineering Ltd., February 29, 2024
• Pedestrian Wind Assessment
Prepared by: The Boundary Layer Wind Tunnel Laboratory, June 20, 2024
• Sustainability Statement
Prepared by: MHBC Planning, June 28, 2024
• Notice of Source Protection Plan Compliance
Prepared by: MHBC Planning, June 27, 2024
• Site Grading Plan
Prepared by: Reinders and Law, February 2, 2024
• Functional Servicing and Stormwater Management Report
Prepared by: Reinders and Law, May 23, 2024
• Truck Turning Plans
Prepared by: MHBC Planning, May 14, 2024
• Shadow Study
Prepared by: Reinders and Law, June 2024
• Floor Plans
Prepared by: Reinders and Law, May 15, 2024
• Fire Route Plan
Page 151 of 232
Prepared by: MHBC Planning, May 14, 2024
• Erosion Control Plan
Prepared by: Reinders and Law, February 2, 2024
• Building Elevations, Sections, Renderings
Prepared by: Reinders and Law, May 21, 2024
Community Input & Staff Responses
WHAT WE HEARD
229 addresses (occupants and property owners) were circulated
and notified
11 people/households/businesses provided comments
A City -led Neighbourhood Meeting was held on September 18,
2024, and 16 users logged on
Staff received written responses from 11 residents with respect to the proposed
development. The comments received are included in Attachment `E'. A Neighbourhood
Meeting was held on September 18, 2024. A summary of what we heard, and staff
responses are noted below.
What We Heard
Staff Comment
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 nor were any new traffic
signals warranted as a result of the proposed
development. Movements from Pine Street to King
Street West are right turn only, with a U-turn left turn
signal at Mt. Hope Street. The findings of the
Transportation Impact Study forecasts the
intersection of Pine and Mary Street to operate with
acceptable levels of service and within capacity with
no specific problem movements.
Construction impacts will cause
Should the application proceed to site plan, the City
issues on surrounding residential
would require a "Construction Management
streets
Checklist" that that details possible road closures,
Page 152 of 232
Planning Conclusions:
It is important to ensure that the intent of the SGA zone regulations, as approved by
Council, are maintained and implemented consistently. Policies in the Official plan provide
criteria that must be evaluated where relief is being sought.
There may be site specific reasons and criteria why minor amendments to the approved
regulations may be appropriate. In this case, staff worked with the applicant to revise the
development proposal to ensure that the intent of the regulations as approved by Council
are maintained. Staff are satisfied with the site-specific design as revised for this property.
Consideration of this site-specific application should not be considered as a precedent for
other applications within strategic growth areas. All applications must be reviewed and
considered for their own merit and general compliance with the regulations in the zoning
bylaw and intent of the Official Plan.
Built -form zoning regulations are a critical component of building a healthy, safe
environment for all who live, work, and visit Kitchener's PMTSAs, while still allowing for
abundant housing supply.
In considering the foregoing, staff are supportive of the Zoning By-law Amendment
Application. Staff is of the opinion that the subject application is consistent with policies of
Page 153 of 232
routes for construction traffic, crane installations,
parking on streets, notification of residents, etc.
Affordable Units should be
The subjects are located within a PMTSA (Protected
provided, and the development
Major Transit Station Areas), and the City's
should be subject to Inclusionary
Inclusionary Zoning regulations will apply starting in
Zoning
2025.
There should be space for
The applicant has provided an on-site loading area
delivery drivers so that they do
adjacent to the drive aisle that is intended for
not use the local residential
deliveries and drop offs.
streets to complete deliveries.
There is a lack of green space in
The applicant will be required to provide Cash -in -
the neighbourhood and this will
Lieu of parkland as part of the Parkland Dedication
bring more people to this area
requirements for new development. This can
that needs more park space
contribute to acquisition of new park space and
expansion of park infrastructure.
Building height is too tall for this
The Council approved `Growing Together' by-law
area
has zoned the subject lands SGA -4, which does not
contain a cap on building height. The lands are
zoned and designated for high rise development.
Road conditions of local roads
Herbert Street is proposed to be fully reconstructed
are poor
by the City of Kitchener in Spring 2025. Roger Street
is proposed to be reconstructed by the City of
Waterloo in 2028.
Planning Conclusions:
It is important to ensure that the intent of the SGA zone regulations, as approved by
Council, are maintained and implemented consistently. Policies in the Official plan provide
criteria that must be evaluated where relief is being sought.
There may be site specific reasons and criteria why minor amendments to the approved
regulations may be appropriate. In this case, staff worked with the applicant to revise the
development proposal to ensure that the intent of the regulations as approved by Council
are maintained. Staff are satisfied with the site-specific design as revised for this property.
Consideration of this site-specific application should not be considered as a precedent for
other applications within strategic growth areas. All applications must be reviewed and
considered for their own merit and general compliance with the regulations in the zoning
bylaw and intent of the Official Plan.
Built -form zoning regulations are a critical component of building a healthy, safe
environment for all who live, work, and visit Kitchener's PMTSAs, while still allowing for
abundant housing supply.
In considering the foregoing, staff are supportive of the Zoning By-law Amendment
Application. Staff is of the opinion that the subject application is consistent with policies of
Page 153 of 232
the Provincial Planning Statement (2024), conforms to Growth Plan for the Greater Golden
Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represents
good planning. Staff recommends that the application be approved.
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the City's strategic vision
through the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Council / Committee meeting. One large notice sign was posted on the property and
information regarding the application was posted to the City's website in August of 2024.
Following the initial circulation referenced below, an additional postcard advising of the
statutory public meeting was circulated to all Kitchener 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 4, 2024
(a copy of the Notice may be found in Attachment `C').
CONSULT —The proposed Zoning By-law Amendment were circulated to Kitchener
residents and property owners within 240 metres of the subject lands on August 16, 2024.
In response to this circulation, staff received written responses from 11 members of the
public, which were summarized as part of this staff report. Planning staff also had one-on-
one conversations with residents on the telephone and responded to emails.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Planning Statement, 2024
• Regional Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 85-1
• City of Kitchener Zoning By-law 2019-051
• Growing Together — Protected Maior Transit Station Area Land Use and Zoning
Framework DSD -2024-005
• Supplemental Report to DSD -2024-005: Growing Together — Protected Maior
Transit Station Area Land Use and Zoning Framework DSD -2024-128
REVIEWED BY: Tina Malone -Wright, Manager, Development Approvals
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Attachment Al — By-law to amend Zoning By-law 85-1
Attachment A2 — Map No. 1
Page 154 of 232
Attachment B1 — By-law to amend Zoning By-law 2019-051
Attachment B2 — Map No. 2
Attachment C — Newspaper Notice
Attachment D — Department and Agency Comments
Attachment E — Public Comments
Attachment F — Revised Concept Plan
Page 155 of 232
DSD -2024-467 Attachment "A1"
PROPOSED BY — LAW
, 2024
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
— King Pine Kitchener Inc. — 864-876 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 75 of Appendix "A" to By-law Number 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 High Intensity Mixed Use Corridor Zone (MU -3) to
High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 817R and
Holding Provision (114H).
2. Schedule Number 75 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 D of By-law 85-1 is hereby amended by adding Section 817R thereto as follows:
"817. Notwithstanding Section 55.2.1 and 55.2.2 of this By-law within the lands zoned High
Intensity Mixed Use Corridor Zone (MU -3) and shown as affected by this subsection
on Schedule Number 75 of Appendix `A', the following special regulations shall apply:
a) The maximum front yard (King Street) shall be 31.4 metres.
b) The maximum side yard abutting a street (Pine Street) Street) shall be 38.2
metres.
C) The minimum rear yard shall be 1 metre.
d) The maximum floor space ratio shall be 7.3."
4. Appendix F of By-law 85-1 is hereby amended by adding Section 114H thereto as follows:
"114. Notwithstanding Section 55 of this By-law within the lands zoned
High Intensity Mixed Use Corridor Zone (MU -3) and shown as being affected by this
subsection on Schedule Number 75 of Appendix "A", no residential uses shall be
Page 156 of 232
DSD -2024-467 Attachment "A1"
permitted until such time as the following condition has been met and this holding
provision has been removed by by-law:
A satisfactory Record of Site Condition is submitted and approved to the
satisfaction of the Ministry of the Environment, Conservation and Parks or
any successor Ministry ("MECP"). This Holding Provision shall not be
removed until the Regional Municipality of Waterloo is in receipt of a letter
from MECP advising that a Record of Site Condition has been completed to
the satisfaction of the MECP."
PASSED at the Council Chambers in the City of Kitchener this day of '2024.
Mayor
Clerk
Page 157 of 232
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DSD -2024-467 Attachment "B1"
PROPOSED BY — LAW
, 2024
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener
— King Pine Kitchener Inc. — 864-876 King Street West)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Zoning Grid Schedule Number 75 of Appendix "A" to By-law Number 2019-051 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 High Rise Strategic Growth
Four Zone (SGA -4) with Holding Provision 19(H) to High Rise Strategic Growth Four Zone
(SGA -4) with Site Specific Provision (415) and Holding Provision (19H) and Holding Provision
(95H).
Zoning Grid Schedule Number 75 of Appendix "A" to By-law Number 2019-051 is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (415) thereto as
follows:
"415. Notwithstanding Table 6-5 and Section 6.6 of this By-law within the lands zoned High
Rise Strategic Growth Four Zone (SGA -4) with Holding Provision 19H and shown as
affected by this subsection on Zoning Grid Schedule Number 75 of Appendix `A', the
following special regulations shall apply:
a) The minimum yard setback shall be 1 metre (North property line, right side),
1.8 metres (Northwest property line), 2.3 metres (North property line, left side);
b) The maximum building base height shall be 7 storeys;
C) The minimum street line ground floor building height shall be 3.2 metres;
d) The maximum floorplate area of storey 7 shall be 208 OM2;
e) The minimum physical separation for storeys 7-12 shall be 1 metre (North
property line, right side), 1.8 metres (Northwest property line), 2.3 metres
Page 159 of 232
DSD -2024-467 Attachment "B1"
(North property line, left side), 4.2 metres (East property line, North side), 2.4
metres, East property line, South side);
f) The minimum physical separation for storeys 13-18 shall be 4.7 metres (North
property line, right side), 2.7 metres (Northwest property line), 2.7 metres
(North property line, left side);
g) The minimum physical separation for storeys 19-36 shall be 4.7 metres (North
property line, right side), 2.7 metres (Northwest property line), 2.7 metres
(North property line, left side);
h) The minimum physical separation for storeys 37 and above shall be 4.7
metres (North property line, right side), 2.7 metres (Northwest property line),
2.7 metres (North property line, left side), 14.6 metres (East property line,
North side), 14 metres (South interior property line);
i) The minimum percentage of street line ground floor that is occupied by a
community use or commercial use shall be 0% for buildings located further
than 30 metres from the street line at King Street West;
D Above grade structured parking spaces shall be permitted along the street line
ground floor or street line second floor for buildings located further than 30
metres from the street line at King Street West;
k) Above grade structured parking spaces are permitted to occupy 100% of the
area of the street line facade within the base of a building for buildings located
further than 30 metres from the street line at King Street West;
1) The minimum street line ground floor fagade openings shall be 5%, measured
between 0.5 metres and 4.5 metres above exterior finished grade along the
entire width of the street line fagade for buildings located further than 30
metres from the street line at King Street West;
m) 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."
Page 160 of 232
DSD -2024-467 Attachment "B1"
4. Section 20 of By-law 2019-051 is hereby amended by adding Holding Provision (95H) thereto
as follows:
"(95). Notwithstanding Section 6 of this By-law within the lands zoned
High Rise Strategic Growth Four Zone (SGA -4) with Holding Provision 19H and
shown as being affected by this subsection on Zoning Grid Schedule Number 75 of
Appendix "A", no residential uses shall be permitted until such time as the following
condition has been met and this holding provision has been removed by by-law:
A satisfactory Record of Site Condition is submitted and approved to the
satisfaction of the Ministry of the Environment, Conservation and Parks or
any successor Ministry ("MECP"). This Holding Provision shall not be
removed until the Region is in receipt of a letter from MECP advising that a
Record of Site Condition has been completed to the satisfaction of the
MECP."
5. This By-law to amend Zoning By-law 2019-051, as amended, shall have no force and effect
until By-law 2024-065 (Growing Together PMTSAs) is in full force and effect in relation to the
lands specified above.
PASSED at the Council Chambers in the City of Kitchener this day of '2024.
Mayor
Clerk
Page 161 of 232
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NOTICE OF PUBLIC MEETING
X
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for a development in your neighbourhood
864-872 King Street West ' KiTcrr> R
Concept
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Ego
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44 Storeys, Multiple 455
Floor Space Residential Dwelling
Ratio of 7.3 Units
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: October 28, 2024
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orVirtual 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:
Eric Schneider, Senior Planner
eric.schneider@kitchener.ca
519.741.2200 x7843
The City of Kitchener will consider an application for a Zoning By-law Amendment to
facilitate the redevelopment of the site with the removal of the existing commercial
buildings and replacingthem with a 44 -storey multiple residential building having a total
of 455 dwelling units, a Floor Space Ratio of 7.3 and 261 parking spaces. The Zoning
By-law Amendment seeks site specific development standards in both Zoning By-law
85-1 and Zoning By-law 2019-051, both which 4Feaigg`W3Tbf 2i92specific
development standards include floor space ratio, building height, physical separation,
and yard setbacks.
Eric Schneider
From:
Sent: Thursday, October 3, 2024 5:23 PM
To: Eric Schneider
Cc: Stephanie Stretch; Julie Wright; Mayor; DMcCabe@regionofwaterloo.ca
Subject: 864-872 King St W proposed development
Dear Mr.Schneider
I participated. in the Neighbourhood Engagement Meeting on September 18, 2024 and among the myriad of issues and
concerns that were raised, a particular comment from Pierre Chauvin struck me. Without access to the recording I'll
paraphrase: "You can't control human behaviour". While this statement was addressing motorist actions, it seemed the
planning consultant is abdicating the use of good design principles to modify human actions.
Our community requires densification and intensification. I'm concerned that poor design choices on the way to these
community needs will leave our neighbourhood worse off. The site being developed is well-connected to transit and
community infrastructure (schools, hospitals, retail ) but the development proposal, other than creating housing,
contributes little else: no retail space, no public community space, no aesthetic benefit and no engagement with current
residents. "It's all taking and no giving!
I question the submitted traffic impact studies. While they may reflect a singular building on the proposed site, multiple
buildings are in the future and it's only fair to account for the future transparently. Do the current submitted studies
reflect impacts on the Waterloo portion of Herbert Street, Mary Street and Roger Street as well as the Mt. Hope U-turn
on King? What mitigation on construction traffic will you impose on the builder to rectify the inequitable burdens that
Herbert Street residents face? How will congestion generated by delivery drivers be kept from spilling out onto Pine
Street and Mary Street?
The funds for green space that will be collected from the developer are inadequate and their use not transparent. How
will the neighbourhood see local green space grow and improve? Is their any thought of leasing Mackenzie King field
from WRDSB as a use -at -risk community space/dog park during off -school hours?
I'm sure others have raised issues equally concerning. Perhaps this should indicate the developers can do better.
Peter Dedes
Page 164 of 232
Eric Schneider
From: Charlotte Hancock
Sent: Wednesday, October 2, 2024 11:56 AM
To: Stephanie Stretch; Eric Schneider;julie.wright@waterloo.ca; Mayor;
DMcCabe@regionofwaterloo.ca
Subject: King St. West, Kitchener development
TO WHOM IT MAY CONCERN,
I am one of the many concerned citizens living in the neighourhood of Mary Allen/Midtown. Followi a public
meeting on Wednesday, September 18, many of us were upset and disturbed that many questions were left
unanswered, and many things hadn't been considered in planning for this development.
While we understand and encourage densification in the downtown/midtown/uptown core, we also want to
ensure that proper measures are being taken to develop these areas being mindful of the people already living
in this area. The things we would like to see addressed:
GREENSPACE. We know that in lieu of providing green space, the developers compensated the City of
Kitchener. How much did (or will) the developers compensate the. City of Kitchener in lieu of
greenspace, and how is the city of Kitchener using those funds towards our neighbourhood for that
purpose? We are looking for transparency. This is a neighbourhood dense with young families and
plenty of pets. The current greenspace isn't sufficient for the current residents. How is the city going to
address those needs?
2. REGULATIONS. We are concerned about lack of height regulation for buildings on this site. There
should be a regulation in line with the current construction project at King and Pine (22 stories).
3. SAFETY. Traffic impact studies that were done were incomplete as they didn't include any of Waterloo.
The areas not covered in the traffic impact studies include Union St., the Mt. Hope U-turn intersection
at King, Herbert, Mary, Roger, Bowman, Lucan, and Moore Sts. It's unfathomable that all of these
streets would not have been included given the impact on them during the time of construction, and of
course once construction is complete with a much more densely populated area. Traffic down Mary
and Herbert Sts. has not slowed down despite the new 30km/h speed limit signs. We need traffic
calming measures on these streets - narrowing the streets, and vertical reflectors.
4. ROAD CONDITIONS. The road condition on
Herbert and Roger Sts. is abysmal and needs
addressing sooner rather than later. We cannot
wait 10 more years for construction to be
complete. We've already endured years of heavy
construction equipment taking their toll on our
roads. Traffic impact studies did not include the type of vehicles that were using our roads during
construction. When concrete was being poured (for a few months), cement trucks came down Herbert St. at a
rate of 1 every 12 minutes. Monday through Saturday sees start times of 6:00 a.m. for heavy (noisy) trucks
carrying steel beams and massive concrete walls.
5. PARKING/DELIVERIES. The proposed driveways for the new development are opening onto Pine St. Visitor
parking, not to mention delivery trucks/cars, will fill Herbert and Mary Streets. We are seeking a
recommendation for a new plan that would look more like Barrel Yards, where there is space for the delivery
vehicles right in the complex space and not impinging on neighbouring streets. We need only look at the
development on Caroline between Allen and John Sts., to see that traffic congestion is a serious issue due to
deliveries.
Page 165 of 232
Sincerely,
Charlotte Hancock
Page 166 of 232
Eric Schneider
From:
Charlotte Hancock
Sent:
Monday, September 23, 2024 9: 1 Hivi
To:
Eric Schneider
Subject:
864-872 King St. W
You don't often get email from
Hi Eric,
I'm just getting in my comment on this development, having only heard details this weekend.
First can I confirm that the KCI field will be maintained and the buildings will go around the perimeter of it? I think
this is the key factor in this proposal (maintaining this green space for community access and sound dampening
for Mount Hope Cemetery.
Secondly, I urge your team to consider density and work to mitigate it. Usually these developers can be talked
down a few storeys/units —they go in high and expect negotiation. In almost all cases of 1 to 2 bedroom towers, I
tend to believe we can always reduce the number as much as we can get away with in any one location, since
there are so many of these overall being built. It's the ones where we get more than 2 bedrooms that we need to
recognize a higher need and thus accept more density.
Thankyou,
Charlotte Hancock (she/her)
IES
Page 167 of 232
Eric Schneider
From:
Sent:
To:
Cc:
Subject:
You don't often get email from
Good morning, Mr. Schneider,
Kristine Dyck
Saturday, September 21, 2024 10:38 AM
Eric Schneider
Stephanie Stretch; julie.wright@waterloo.ca; Peter Dedes
864-872 King St. W - EXTENSION REQUEST for comments
On Wednesday, September 18, there was a public meeting (online) to inform a few residents of the upcoming
development projects for 864-872 King St. W.
You then gave us a deadline of Monday, September 23, to submit any comments resulting from that meeting.
We would like an extension to the deadline as:
1) not all impacted residents were notified of the meeting. Residents on Mary St. and Herbert St. closer to Union were not
notified. Residents of Roger, Lucan, Bowman, Union and Moore Sts. were not notified.
2) Many of the questions/concerns that the attending residents had were not properly addressed.
3) We need additional time as a community to gather ALL comments/concerns about the proposed development(s).
I would respectfully ask that you give us until Monday, October 21 to respond to the information presented at last
Wednesday's meeting.
Best regards,
Kristine Dvck and Peter Dedes
22
Page 168 of 232
Eric Schneider
From:
Sent: Friday, September 20, 2024 11:03 AM
To: Eric Schneider, Stephanie Stretch
Subject: 864 /872 King St Development - traffic patterns
Hi Eric / Stephanie. I have some additional thoughts on the impact of traffic on the neighbourhood. I live on Mary quite
close to Pine so I suspect my driving habits will be similar to the users of the proposed Pine St entrance to the new
development.
Depending on my destination and time of day, I would estimate the distribution of my chosen routes would be
approximately:
Mary/Union-70%
Roger/Moore — 20%
Pine/King— 10%
With the future changes to Union St, the only intersection with a left hand turn into the neighbourhood will be Lucan
St. As a result I can see the use of Roger St. increasing. One concern —there are no sidewalks on either side of Roger
between Bauman & Herbert.
The proposed Pine St entrance is my biggest issue although when talking to neighbours many were not aware of the
location. The image on the postcard we received showed a large surface lot to the right of the building on King St. Many
people assumed that was the entrance.
How can we dialogue with city staff responsible for traffic? If we are to be surrounded by high rises the quality of life in
the residential neighbourhood requires well thought out solutions.
Jane Desbarats
23
Page 169 of 232
Eric Schneider
From:
Sent:
To:
Subject:
You don't often get email from e
Good afternoon,
WILMA ZONDAG .
Wednesday, September 18, 2024 4:45 PM
Eric Schneider
Proposed Development in my Neighbourhood
am why this is important
Thank you for giving residents the opportunity to voice our opinions regarding the proposed 44 story high-rise in my
neighbourhood. I live on id have very strong feelings on the subject.
I am completely opposed to this development proposal. As there has been the current construction of a high-rise on the
corner of King and Pine St. for quite some time now, I know what it is like to live on the residential street that has been the
main artery of transport truck traffic for all the building materials. It is loud, it is dusty and congested, and it is a constant
assault on the senses living through the current build. What you are suggesting would be more than twice as tall as the
current building under construction, so what you are proposing to everyone who lives on Herbert St. is to put up with more
than twice as much construction traffic, twice as much noise etc. for more than twice as long. Do you live here, sir? I
doubt it, and I also doubt you would propose such a development in your own neighbourhood.
Looking into the future once such a high-rise has been built, where is all the vehicle traffic going to go? I can tell you right
now that King St. will not be the main artery for most people coming and going from the high-rise; instead, they will use
Pine St. to either Mary St. or most likely Herbert St, following the same path that all the current construction traffic
uses. Union St. between Park St. to Moore St. is already at capacity at morning and afternoon rush hours, and
sometimes even in the off-peak hours. It is a struggle to make a left hand turn out of Herbert St. already with the current
conditions, and now you are proposing to add a minimum of 261 additional vehicles to our little neighbourhood. And that
number doesn't take into account delivery drivers, maintenance workers, taxis and ubers, and all the visitors coming and
going from the building. Our roads and neighbourhoods were not designed for that amount of additional traffic, and you
would be placing the burden of all of that on the backs of the current residents. How do you propose we deal with all the
additional traffic in your new plan?
I could go on and on about my opposition to the proposal, but I think you get my point. I know that the city will get dazzled
with dollar signs and the idea that you are creating more housing, which I'm sure will get you some great funding from the
province. But you are putting all the burden of such a development completely on our backs, for which we will see
absolutely no benefits. If you're willing to start covering our property taxes for the duration of such a monstrous project,
then maybe we could come to some sort of arrangement. As that is just wishful thinking on my part, I'm going to keep my
vote for this proposal as a solid NO.
Regards,
Wilma Zondag
24
Page 170 of 232
Eric Schneider
From: Rita K. Thomas
Sent: Wednesday, September 18, 2024 4:17 PM
To: Eric Schneider
Cc: Stephanie Stretch; marypineneighbourassociation@gmail.com
Subject: PLS READ BEFORE TONIHTS ZOOM MTNG RE: 44 Storey Building at King & Pine
You don't often get email from
Hi everyone,
As a resident of the Union -Pine section of Mary Street KW I am writing to express my concerns about the building of a 44 storey building at King and Pine in Kitchener.
I have no idea what stage this proposed development is at. It may be that developers have already been encouraged to submit or indeed have submitted a proposal.
However, whatever the situation is for'44 Storeys King & Pine' hopefully there is still an opportunity for the following points to be considered:
1) PARKING: 890-900 was approved with only 48% parking spaces provision. Worst case scenario — where will 52% of residents park? What is the expected
parking provision for'44 Storeys King & Pine'?
Bicycles — provision of secure cycle storage. Whilst I am in favour of encouraging more people to take to their bikes, cyclists are extremely rare
in KW. Besides which I am willing to guess that most cyclists will also have a car for grocery shopping, taking their children to school, going to
appointments, the theatre, cinema, restaurants etc Not to mention that we live in Canada and cycling in the winter can be impossible.
LRT & Bus — the LRT provides a single route from Kitchener's Fairview Mall to Waterloo's Conestoga Mall, with no branches off it. It may require
two or three bus routes to get you to your destination.
ION, KW Agreement Requirement this development is relevant to the 'PARTS' documentation [Planning Around Rapid Transit] as it relates to
the 'Central Stations of the LRT' (in the case the Grand River Hospital station), which states a requirement of 0.9 parking spaces/unit
irrespective of size i.e. assuming 420 units in a 44 storey building 0.9 x 420 = 378,
Not including ION's requirement of 0.1/unit for visitors i.e. 0.1 x 420 = 42 for a total of 420!
Car Share Vehicle Sites — whilst sharing parking spaces for a company such as Sun Life might be possible where employees work different days
and different shifts, I find it hard to imagine how this could be accomplished for'44 Storeys King & Pine' whose residents will be a mixed of
retirees, those working at home, part-time workers and 9-5 workers to name but a few permutations.
In the case of 890-900 King, one of the Planning Justification Reports stated: "The land can function appropriately and not create unacceptable
adverse impact for adjacent properties by providing
Appropriate number of parking spaces"
I don't think 48% of the ION or building capacity requirement was considered 'appropriate' by Mary Street residents.
My point here being that we've heard the arguments for parking needs being off -set by bicycles, LRT and Bus, and even walking, but I don't
think there will be much if any off -set, which should be considered when negotiating parking to be provided by the developers. After all, all they
are concerned about is their bottom-line whilst we, the residents, the councillors and the planners should be concerned about 'quality of life.
2) POPULATION DENSITY:
PARTS documentation talks about increasing the population density along the LRT corridor.
It states that the minimum 'people -jobs combination per Hectare' requirement for new multi -dwelling buildings is 160 people -jobs
combined/hectare.
44 Storey King & Pine will provide 3670 people -job combined/hectare. Over 20 times the minimum required in the KW -ION agreement.
[890-900 King provides 2085 people -job combined/hectare itself over 13 times the minimum requirement.]
I understand that any multi -dwelling building under 10 storeys might well fall under this requirement, but surely the deficit doesn't have to be
made up in only two buildings!
3) HEIGHT:
Staff Report: Urban Design ... 'Tall Building Guidelines' as supplied to me September 2021 should ...
"create ...environment that RESPECTS, ... ENHANCES ... the City's OPEN SPACE system"
"create human -scaled pedestrian friendly streets and attractive public spaces"
Hence, it should be taken in to account that:
A tall building is defined in the Official Plan as a building 9 storeys or more. The height transition pictures is particularly telling—page 15 of the
guidelines. A stepped transition is outlined i.e. not a one-step transition from 2 storey buildings on King and Mary, and one 5 storey Medical
building on Pine to 25 or 44 storeys.
In addition, building height and yard provisions are interconnected i.e. there should be 7.5 metres, plus 0.33 metres for every metre above 24
metres up to a maximum of 14 metres.
The average height of a 44 storey building is over 105 metres, which without the 'maximum' in place would be 27 metres yard space.
Developers should be bound to 14 metres minimum.
4) GREEN SPACE:
Softscape and hardscape areas are often very limited in urban developments. Where will residents be able to relax outside and
children play?
25
Page 171 of 232
5) BY-LAWS:
6) TRAFFIC:
The nearest area identified as an 'open space' is Mount Hope Cemetery. MHC is quite relaxing for a walk or even time to sit in the
fresh air, but not for play!
There is a sports field for KWC&V school, but it is not laid out for multi -generational uses — no slides, no climbing frames, no benches
etc and neither should it be. It is a sports field to encourage healthy activities in our future adults.
The nearest park is 2 kilometres away - George Lippert Park.
Do these sort of environmental factors not come up in planning and committee meetings? Or is it that no one on those committees
worries about such things?
In 2019-2022 the by-laws governing such things as provision of parking spaces and heights of buildings were under review. Neither
of these two by-laws were adhered to in the discussions around 890-900 King anyway. Hence the more than 10 storeys in height and
only a 48% parking provision.
City of Kitchener documents, including the official plan and guidelines were said to be out of date even though they were provided
as supporting documents for the 890-900 King development discussions.
It was also explained that "zoning regulations are set low to allow for discussion". If this is an unwritten/read between the lines
understanding between councillors and planners then why are these regulations written at all?
Every effort should be made to negotiate fewer storey's and more parking provision.
The proposed development at Belmont and Glasgow is an excellent example of both.
It is my understanding that vehicles from '44 Storey King & Pine' will enter and exit on to Pine. This traffic plus that from 890-900
King and the changes to Union to begin this year will certainly be impactful on Mary Street.
It is already difficult to exit from Mary on to Union. With the triple threat still to come I wonder if anyone can tell me what provisions
are being made to control traffic from '44 Storey King & Pine' and '890-900 King', and from Mary Street on to Union?
Thank you for your time. I look forward to being included in future communications around these concerns.
Regards. Rita Thomas
26
Page 172 of 232
Eric Schneider
From:
simon nuk
Sent:
Tuesday, September 17, 2024 11:34 PM
To:
Eric Schneider
Subject:
Comments on 864-876 King Street West
You don't often get email from
Hello Eric,
I am a local resident and have some comments on the proposed development at 864-876 King Street West.
1. The building height of 44 storeys seems unnecessarily tall and does not fit with the surrounding
neighborhood. The in progress development across Pine street of 20+ storeys will already be a drastic increase,
and this proposal will almost double that height. I am in favour of adding density, especially around the ION
stations, but surely we can design for shorter and squatter buildings that fit in with the neighbourhood and still
provide the same number of dwelling units. The listed floor space ratio of 7.3 supports that a much shorter
building can be built on this site, while offering the same number of units.
2. What is the plan to preserve the mature trees on this property that line Pine street? I did not notice any tree
protection plan within the proposal.
3. It is difficult to understand what the streetscape will look like, as the King and Pine corner is part of a future
phase 2. Can the developer provide preliminary drawings of the final streetscape, including both phases?
4. 1 am concerned about the empty area on King between phase 1 and 2. It seems like wasted space that breaks
up the streetscape along King and prove unfriendly to pedestrians. Would it not be better utilized as street (or
courtyard) -facing shops, similar to the Vincenzo's development? The render just shows grass, and I can't
imagine a functional or safe greenspace right against busy King street.
5. Aesthetically, the building design is lacking. I think we need to expect a bit more from these architects if we are
to build buildings that will be visible for decades. The development tracker website urbantoronto.ca
describes this building's facade as "reminiscent of modern incarceration facilities"!
6. What are the plans to move the added traffic off of the quiet residential streets and onto King street. Currently,
you are unable to make a left turn from Pine onto King, so traffic will be forced onto the residential streets.
Thanks,
Simon Nuk
2/
Page 173 of 232
Eric Schneider
From: Alice Raynard
Sent: Monday, September 16, 2024 3:48 PM
To: Eric Schneider, Stephanie Stretch
Subject: Feedback on the 864-875 King Street West Project
F
Some people who received this message don't often get email from, it
�3
Hello,
We reside at are now facing the construction of two tall towers in front of our house, the new one
mentioned above (44 storeys) and the one currently going up (25 storeys) at the corner of Pine and King streets. We
understand the need for densification, but we have concerns about safety once the access from and to King and Pine
Streets will be restored.
Mary, Pine and Roger streets have seen in the last decade a net increase of young families.
Although both buildings are meant to have only a portion of parking spaces relative to the total number of units, there
are to be, according to those two projects, another +350 cars using King, Mary, Pine and Roger streets.
When we moved here in 2013, we knew King street before the Ion was built and the traffic restrictions were put in
place, which restrictions now mean cars need to make detours in order to either turn on Union (coming from the North
on King), cars meaning to turn onto Pine street (again, coming from the North on King), others trying to circumvent any
of those streets, to name a few actual scenarios.
As such, we have observed the following: (1) people driving cars who are lost and in a hurry currently speed on Mary,
Pine and Roger streets as they figure there is no way they can get onto King street and (2) people sped on those same
streets when access to and from King street was possible - thus, it will happen again.
We did notice there have been car counting devices installed on those streets from time to time. However, we are
positive that, with the increase of cars and the return to access to and from King street, Roger, Pine and Mary streets will
become speedways given our lived experience in this area, as described above. This is of great concern to us, considering
the number of children in this area.
As such, we formally request that both (1) a lower speed limitation be enforced) and (2) speed bumps be added on
Mary and Pine streets.
Kind regards,
Alice Raynard
30
Page 174 of 232
Eric Schneider
From: DARREN LONGPRE
Sent: Monday, September 16, 2024 8:44 AM
To: Eric Schneider; Stephanie Stretch
Cc: darren Longpre; info@gpo.ca
Subject: Proposed Development 864-876 King Street West
Attachments: IMG 7075.mov
[You don't often get email from rn why this is important at
https://aka.ms/LearnAboutSenderldentification
Mr. Schneider and Ms. Stretch,
Thank you for taking the time to read this email.
The proposed development at 864-876 King Street West Kitchener, will only continue the on-going nightmare myself
and my neighbours have endured over the past year. This is a result of the current apartment tower being built at King
and Pine Street.
Our neighbourhood has turned into a complete disaster of a never-ending construction zone.
My wife and I live at ,Kitchener, v treet (refer to attached
photo's). In other words, we are located at ground zero. All the heavy construction equipment comes up Herbert Street
from Union. These trucks then pull forward into the dead end of Pine Street, then they back up Pine Street all the way to
King Street, with the annoying and very loud backup beeping. Our upstair bedroom window faces the dead end of Pine
Street (refer to attached photo's and video of heavy equipment truck idling outside our sun porch - sometimes idling for
15-20 minutes). The truck and trailer lengths of this equipment makes it almost impossible to negioate their turns at
Herbert and Pine, which has resulted in some of our tree branches being broken.
The constant parade of construction vehicles over the past year, has decimated our street and completely ruined our
peaceful neighbourhood. The noise of heavy construction vehicles is extremely annoying and unsettling to say the least.
The congestion of the construction vehicles has created a dust and dirt storm on occasions that makes in unbearable to
enjoy our outside deck for dining and relaxation. My bright red mulch went to a brown colour. This is coupled with the
fact that the congo line of heavy equipment trucks start as early as 6 a.m., and on one occasion, as early as 4:30 a.m. on
a Saturday morning! By-law will have this complaint on record as we were fraudulently misinformed by a supervisor that
they had a by-law exemption. This proved to be false.
The proposed 44 storey tower can never be approved. I do, however, have a clear understanding of how this works. The
builder has no intentions of building 44 storeys. They will hope for a 30-35 storey building to be approved. This then
enables everyone involved to say "well we sought out and listened to the neighbourhood feedback and reached this
compromise after consultation". Really? This is an insult to one's intelligence.
Aesthetically, this proposed tower, will further diminish our once beautiful neighbourhood. The current tower under
construction has already accomplished this. This includes the blockage of the sunshine.
When I made enquiries about Herbert Street's deteriorating condition and need for repair, I was informed it is due and
scheduled in 2026?
In summary, I am aware that community input on project's like this has very little weight or serve any useful purpose in
31
Page 175 of 232
the big scheme of things (clearly with the current tower being built), however I must bring to your attention my
immediate concerns:
1. What route will all the heavy construction vehicles take if this tower is approved? Herbert Street and Pine Street
again? Clearly, this cannot happen again!
2. How is the traffic congestion of new vehicular traffic being addressed? Clearly Pine Street, Mary Street and more so
Herbert Street, will be endless traffic now.
3. What is the exact time frame for Herbert Street to be repaired and re -paved? It cannot be changed as it is overdue
now.
4. Has any financial compensation been considered for affected residents in regards to the current tower under
construction or for the proposed additional tower? - the legal term would be "interfering with the lawful enjoyment of
one's property".
We have lived at r august 1999. Please consider denying this application in its entirety.
Ms. Clancy: You are well informed of our situation in this neighbourhood. I trust your current platform of "legalizing
gentle density" has merit to it.
I look forward to hearing back from everyone.
Thank you,
Darren Longpre
32
Page 176 of 232
33
Page 177 of 232
Page 178 of 232
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Page 184 of 232
Eric Schneider
From:
Sent: Thursday, September 5, 2024 3:41 PM
To: Eric Schneider
Subject: Comments re 44 Storey building on CKCO site (864 /872 King St)
You don't often get email from iV this is important
Hello Eric. I live on Mary Steet and have concerns about the proposed building. There is already a 25 storey building
under construction on the opposite corner of Pine St so a total of 69 storeys (and potentially more to come). The
resulting traffic will have an impact on the small residential streets in the Mary/Pine neighbourhood.
VEHICLE ENTRANCE ON PINE ST.
• Why is the entrance on Pine St? The other neighbourhood high-rises (900 King under construction & The
Bright 741 King) have their vehicle entrances on King St. Why can't this building follow suit?
• Have you considered the proposed changes to Union Street to add bike lanes ? The Waterloo plan is to remove
the left hand turn onto Mary. I can envision left hand turns onto Mary becoming a choke point for Union St
traffic.
• Any consideration to allow left hand turns from Pine St to King to improve access?
• With the vehicle entrance on Pine, the route of choice will be straight down Mary Street to avoid all the
lights. It's a very long block and prone to speeders today. Will traffic calming measures be considered?
PARKING (for both buildings that will flank Pine St):
a) Where will visitors park? Currently the only street parking is on one side of Mary & Herbert (evenings &
weekends). What prevents Mary Street from becoming one massive parking lot?
b) Where will drop-offs occur (ie food deliveries)? Pine street is too small to accommodate both waiting vehicles
and traffic.
Bottomline, I don't feel enough consideration has been given to the impact of traffic on the existing residential streets.
,15
Page 187 of 232
Eric Schneider
From: Charlotte Burnstine
Sent: Monday, August 26, 2024 4:20 PM
To: Eric Schneider
Subject: Hi rise proposed near GRH
[You don't often get email from yarn why this is important at
https:Haka.ms/LearnAboutSenderldentification ]
Hello Eric,
I noticed your name as one of the planners of the hi -rise proposed opposite GRH.
Prior to the public meeting in September, where is it possible to obtain more online details about the building being
suggested?
I would like to know the number of bedrooms being proposed, added amenities included that will be offered, and how
the building will be designed to fit in with the surroundings.
Thank you.
CB
46
Page 188 of 232
City of Kitchener
Site Plan Review Committee Comment Form
Project Address: 864-876 King Street West
File Number: SP24/069/K/ES
Date of Site Plan Review Committee Meeting: September 25, 2024
Comments Of: Engineering
Commenter's Name: Niall Melanson
Email: niall.melanson@kitchener.ca
Phone: 519-741-2200 x 7133
Date of Comments: September 24, 2024
❑X I plan to attend the meeting (questions/concerns/comments for discussion)
❑ I do NOT plan to attend the meeting (no concerns)
1. Recommendation of Commenting Division:
X Engineering has no objections to granting Conditional Approval subject to the conditions below.
• Engineering has reviewed the SWM Brief and Geotechnical Report and found it acceptable.
SWM Retention should be reviewed further during detailed design.
• The Site Plan should be updated to show a snow storage location
❑ Engineering cannot recommend Approval in Principle for the following reasons:
2. Conditions of Conditional Approval and of the S. 41 Development Agreement:
X Erosion & Sediment Control A(1), B(1)(2a to 2h)
• An Erosion and Sediment Control plan is required to the satisfaction of Engineering Services
prior to site plan approval.
❑ Granting of Easements A(4)
X Grading & Drainage Control B(2), B(12iia), (4a), (4k), (4m), (5b), (5j)
• A Grading Plan is required to the satisfaction of Engineering Services prior to site plan approval.
• Please note that the Grading Plan and the Erosion and Sedimentation Control Plan for site plan
developments require coordination between the engineering consultant and the consultant
completing the Tree Preservation Plan. Accordingly, prior to acceptance of the Grading Control
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Plan and the Erosion and Sedimentation Control Plan please ensure that each of the respective
design professionals have duly signed these plans.
If it is shown on the plans that construction activity as a result of site servicing or grading works
will encroach onto neighbouring lands, the City of Kitchener will require a letter of permission
from each property owner affected by the proposed works. The letters of permission must be
received by Engineering Services prior to acceptance of Grading Plan, Erosion and Sediment
Control Plan, Site Servicing Plan, Stormwater Management Report.
Snow storage areas are to be shown on the Site Plan and Grading Plan. If snow is to be hauled
off site, this will form part of the development agreement conditions.
❑X Stormwater Management B(3), B(12iia) (4b), (4k), (4m), (5a)
• For Stormwater quantity control, 2, 5 and 100 year post development flows should be
attenuated to pre -development 2, 5 and 100 year rates, respectively. A Stormwater
Management Scheme is required for quantity control prior to site plan approval.
• To address Stormwater quality concerns, Enhanced level (formerly Level 1) water quality control
is required on site to the satisfaction of Engineering Services prior to site plan approval.
• Based on the SWM Policy (MUN-UTI-2003) approved by Council, the SWM design must allow for
retention of the first 12.5mm of runoff that is generated from any rainfall event from all
surfaces on the entire site. If the full retention cannot be achieved a fee would be implemented
in the amount of $114,283.80/ha for the difference (or current rate at time of payment).
• An overall site water balance (pre -post development) is required, and is to be provided via
groundwater infiltration measures (soak -away pits). Infiltration measures should be designed for
year-round operation (ie. below 1.2m depth).
• Per the City's Stormwater Infiltration Policy Source Water Protection Update (December 2023)
the site is located within a Zone 1. Please follow Table 6.1 from the City's Stormwater
Infiltration Policy Source Water Protection Update to help guide you through your proposed
SWM strategy.
• The City of Kitchener has implemented a Stormwater Management Credit Program. Non-
residential developments will need to include details for the stormwater credit application
including the required spreadsheet as part of the Stormwater Management Report and will be
used in the credit calculation by the Sanitary and Stormwater Utility Division. All development
property owners must enroll in the credit program prior to certification sign off. Approved
credits are applied to the stormwater portion of the property's utility bill. To learn more about
the approved stormwater best management practices and the information you need for the
application, visit www.kitchener.ca/stormwatercredits. Any further enquiries in this regard
should be directed to Stormwater Utility (Storm WaterUtility@kitchener.ca).
❑ Pollution Prevention Plan B(20)
❑X Off -Site Works, Service Connection Removals and/or Installation B(13)(i), (3c), (4m)
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the removal of any redundant service connections and the installation of new ones that may
be required to service this property, all prior to site plan approval at the owner's expense. Our
records indicate municipal services are currently available to service this property.
❑X Off -Site Works, Curb & Gutter Installation for Driveways, B(13)(ii), (3a), (3b), (3c), (4m)
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• Any redundant driveways are to be closed with new curb and gutter and boulevard landscaping,
all to City of Kitchener standards and any new driveways are to be built to City of Kitchener
standards at grade with the existing sidewalk, all prior to site plan approval at the owner's
expense.
❑X Off Site Works, (4m)
• If Off -Site servicing works are required it is recommended that the owner take the necessary
steps to determine if soils in the right-of-way where proposed servicing is to take place will be
suitable to be re -used as trench backfill.
❑X Site Servicing Plan B(22), (4m)
• A Site Servicing plan showing the existing and proposed services on the property as well as the
outlets to the municipal servicing system along with the sanitary and storm sewer design sheets
will be required to the satisfaction of Engineering Services prior to site plan approval. Servicing
on private property will need to meet the requirements of the Ontario Building Code.
• The proponent is advised that future severance of any blocks within the subject lands would
require separate, individual service connections for sanitary and water, in accordance with City
policies.
• Buildings in excess of 84m in height shall be serviced by no fewer than two sources of water
supply from a public water system in accordance with Ontario Building Code section 3.2.9.7 (4).
❑X Development Asset Drawing B(26)
• A Development Asset Drawing (digital AutoCAD) is required for any new services (Sanitary,
Storm, Water) that will be publicly owned with corresponding layer names and asset
information to the satisfaction of the City's Director of Engineering Services prior to site plan
approval.
❑ Ontario Water Resources Act Certificate B(27.1), (4k)
❑ Ontario Water Resources Act Certificate B(27.2), (4k)
❑ Special Condition(s):
3. Policies, Standards and Resources:
• The applicant will provide the Engineering Division with a copy of the 1st submission
engineering documents once Conditional Approval is granted through the Planning Division.
• The City of Kitchener Development Manual and the Site Plan Engineering Guidelines should be
referenced for engineering design.
• The Design Criteria for Sanitary Sewers, Storm Sewers and Forcemains for Alterations Authorized
under Environmental Compliance Approval. Ministry of Environment, Conservation and Parks.
V.1 April 22, 2022 should be referenced for engineering design requirements for municipally
owned infrastructure.
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4. Anticipated Fees:
• Based on the engineering design, Stormwater Management fees and Off -Site Works fees may be
applicable in accordance with the City's current fee schedule.
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Region of Waterloo
Eric Schneider
Senior Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Schneider,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephane:519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Will Towns 1-519-616-1868
File: C14/2/24022
September 13, 2024
Re: Zoning By-law Amendment ZBA24/022
864-876 King Street West
MHBC Planning (c/o Luisa Vacondio) on behalf of King
Pine Kitchener Inc. (c/o Stephen Litt)
City of Kitchener
On behalf of the property owner, MHBC Planning has submitted a zoning by-law
amendment (ZBA) application for a development proposal at 865-876 King Street West
in the City of Kitchener. The applicant is proposing to demolish the existing vacant
commercial building (formerly occupied by CTV Kitchener) and construct a 44 -storey
residential tower, including 455 rental units, a six -storey podium (with rooftop amenity
area) and two levels of underground parking (containing 261 parking spaces in total).
Site access is proposed via Pine Street. Note that the Region reviewed and provided
comments on a more intensified pre -submission proposal for these lands in 2022, which
contemplated additional towers and units. The layout of the current proposal does not
preclude additional massing and intensification in the future.
The subject lands are located in the Urban Area, Delineated Built Up Area, and Grand
River Hospital Station Major Transit Station Area (MTSA) in the Regional Official Plan
(ROP). The site is designated Strategic Growth Area A in the City's Official Plan, and
currently zoned High Intensity Mixed Use Corridor (MU -3). Once the City's Growing
Together ZBA is fully implemented, the site will be zoned Strategic Growth Area Four
(SGA -4). The ZBA is required to permit increased building height and increased floor
space ratios, and seek site-specific relief from setback and parking requirements. The
ZBA is also required to lift a holding provision associated with potential aeronautical
impacts given unlimited heights in SGAs.
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The Region has had the opportunity to review the proposal and offers the following:
Community Planning
Provincial Policy Statement 2020
The PPS encourages the development of livable communities. It also provides a
framework for planning authorities to ensure the wise use of resources while protecting
Ontario's long-term prosperity and environmental and social well-being. It directs growth
to built-up areas and promotes a mix of land uses that efficiently use resources,
minimize negative environmental impacts, and support active transportation and transit
use. It also requires land use planning authorities to be mindful of compatibility of
sensitive uses in evaluating development proposals.
A review of applicable PPS policies and land use compatibility more broadly has been
provided in Section 5.1 of the Planning Justification Report (PJR) provided by MHBC as
part of the application. The development proposes an intensified use of serviced,
underutilized land in an MTSA — the area is well -served by transit and active
transportation options, both now and in the future. It also seeks to expand the range of
housing options in the neighbourhood through the proposed unit types (both one- and
two-bedroom units) and the addition of a significant volume of rental units. Regional
staff are satisfied that the proposal is consistent with the PPS. Compatibility has been
addressed through wind and shadow studies, while noise impacts have been deemed to
be addressed through the City's Growing Together initiative.
Growth Plan for the Greater Golden Horseshoe
The Growth Plan recognizes the Greater Golden Horseshoe (GGH) as a fast-growing
and dynamic region. It directs development in a way that supports economic prosperity,
the environment, and quality of life — specifically emphasizing intensification, compact
built form, and housing choice in built-up areas, and supporting higher densities in
MTSAs.
The PJR provides an analysis of applicable Growth Plan policies, including comments
on the proposed development's ability to achieve a diverse mix of units types and
appeal to renters in proximity to a range of institutional and commercial uses. The
proposal's emphasis on intensification and proximity to a range of transportation options
are highlighted in Section 5.2 of the PJR in relation to Growth Plan requirements. Site
density exceeds the Growth Plan minimum of 160 people and jobs per hectare for
MTSAs. Regional staff are satisfied that the application conforms with the Growth Plan.
Regional Official Plan
Section 1.6 of the ROP establishes the Regional Planning Framework and Section
2.13.1 and 2.0 establish policies for the Urban System. Section 2.F establishes policies
and intensification targets within the Delineated Built -Up Area, which is set at 60 percent
annually for the City of Kitchener. Development in the Built Up Area is also intended to
support the achievement of 15 -minute neighbourhoods and contribute to community
completeness, which includes enhancing the range and mix of housing in proximity to
key destinations. The proposed density will contribute to the achievement of Kitchener's
intensification target for the Delineated Built Up Area, and the proposed built form (44 -
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storey apartment building) provides a mix of unit types and is appropriately located
along a major and strategic rapid transit corridor appropriate for high-density growth.
Section 2.D.2 of ROPA 6 establishes policies for development within MTSAs. This
section supports the provision of increased densities that are transit supportive. The
minimum density target established for the Central Station MTSA is 160 people and
jobs per hectare — this development will contribute to the achievement of this objective.
In addition, Chapter 3 of ROPA 6 establishes policies for housing types and affordability
in the Region — the provision of 455 rental units, the applicant's pursuit of CMHC
funding, and the City of Kitchener's Inclusionary Zoning requirements contribute to the
Regional affordable housing and housing type objectives outlined in 3.A.2 and 3.A.6.
Overall, Regional staff are satisfied that the proposal conforms to the ROP.
Record of Site Condition
A Record of Site Condition (RSC) is required according to the Region's Implementation
Guideline for the Review of Development Applications on or Adjacent to Known and
Potentially Contaminated Sites, as there are high threats identified in the Regional
Threats Inventory Database for the subject lands (associated with past operations of
Electrohome Ltd. and CTV Television Inc.), as well as records of an historical landfill on
and adjacent to the subject lands. The RSC would also be required according to O.
Reg. 153/04 due to the proposed change in land use.
The application form states that the RSC has been submitted to the Ministry of the
Environment, Conservation and Parks (MECP) and is under review, but it does not yet
appear to be acknowledged on the MECP's website. Please provide clarification and/or
a Ministry Acknowledgement Letter for the Region. If not received before the application
advances to Council for approval, the Region requires that a holding provision be
applied to the subject lands. Alternatively, the Chief Building Official may provide written
confirmation that the RSC is required under O. Reg. 153/04 to satisfy this requirement.
Corridor Planning
ZBA Application
Environmental & Stationary Noise
While an Environmental and Stationary Noise study was identified as a requirement at
pre -submission, the City's Growing Together pre -zoning of these lands has ruled out the
requirement for a noise study at this juncture. Regional staff would note on an advisory
basis that an assessment of noise impacts may be required as part of future Planning
Act applications in light of the potential for further density on the site in closer proximity
to King Street West (a Regional road) and existing residential development on Mary and
Pine streets.
Transportation Impact Study (TIS)
Region Staff have received the TIS entitled 864 King Street West Kitchener, ON
Transportation Impact Study dated June 12, 2024 and prepared by Paradigm
Transportation Solutions Ltd. While this TIS was not a Regional requirement of approval
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for this application, the Region may provide advisory comments to the applicant under
separate cover.
Stormwater Management & Site Grading and Servicing
Staff have received the report entitled Functional Servicing and Stormwater
Management Report, and the drawings entitled Site Servicing Plan and Site Grading
Plan, all dated May 23, 2024 and prepared by Reinders and Law Ltd. As there are no
planned connections within the Regional road right-of-way, Regional staff find the plans
and report satisfactory and consider this matter concluded.
Please note that the site must be graded in accordance with the approved plan and the
Regional road allowance must be restored to the Region's satisfaction. Any works
occurring in the Regional right-of-way would require a Regional Work Permit and
approval through a separate process of Municipal Consent.
Conditions of Future Site Plan Application
Approval of the Regional Road dedication, lot grading and servicing plans, and
Stormwater Management Report would be required prior to final approval of a future
Site Plan application.
Road Widening
This section of Regional Road 15 (King Street West) has a designated road width of
30.00m as identified in Schedule `A' of the ROP. While no further road widening
dedication is required along King Street West, a 7.62 metre x 7.62 metre daylight
triangle will be required at the intersection of King Street West and Pine Street. The
daylight triangle should be measured after any road widening required on Pine Street, if
required by the City of Kitchener. All land dedications should be identified on the Site
Plan and all other submitted drawings.
The Owner/Applicant must engage an OLS to prepare a draft reference plan which
illustrates the required road allowance widening. Prior to registering the reference plan,
the OLS should submit a draft copy of the plan to the Region's Transportation Planner
for review. An electronic copy of the registered plan is to be emailed to the
Transportation Planner as well. Further instructions will come from the Region' s Legal
Assistant with regard to document preparation and registration. It is recommended that
the OLS contact Region staff to discuss the road widening prior to preparing the
Reference Plan.
The land must be dedicated to the Region of Waterloo for road allowance purposes and
must be dedicated without cost and free of encumbrance. Please exclude any property
to be dedicated to the Region of Waterloo from any Record of Site Condition (RSC)
application.
The Region will also require a Phase I ESA for the daylight triangle dedication area.
Based on the results of the Phase I ESA, a Phase 11 ESA may also be required.
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Stormwater Manaaement & Site Gradina and Servicin
Staff have received and approved the submitted Stormwater Management & Site
Grading plans as described above. For the purposes of site plan approval and in
relation to site servicing, Regional staff request the submission of an existing conditions
and removals plan detailing the planned servicing removals associated with demolition
of the existing building. Review and approval of this plan will be required prior to
servicing clearance.
Transit Plannin
The subject property is well -served by transit. Grand River Hospital Station (ION LRT) is
located adjacent to the property and GRT stop #1900 is located along King Street West
adjacent to the property currently municipally addressed as 872 King Street West. GRT
Routes 4 and 7 also provide two-way service to the subject property and both utilize
Stop #1900, as well as stop #2540 across the street at Grand River Hospital.
GRT has no plans to move stop #1900, and it will remain operational throughout the
course of the development of the subject property. As such, GRT requests that the
applicant contact GRT at least two weeks in advance of any construction activities
which may require stop #1900 to be temporarily relocated and/or the municipal sidewalk
to be temporarily closed. Similarly, if stop #1900 is damaged in any way during the
course of site development, the applicant will be required to cover the costs of
remediating the damage.
Transportation Demand Management (TDM) Measures
GRT TDM staff encourage the applicant to consider implementing additional TDM
measures. Commonly proposed measures include subsidized transit passes, on-site car
share programs, hiring an on-site TDM coordinator, and providing transit information,
both in the form of "welcome packages" for residents, and through real-time transit
information digital displays.
The applicant should be made aware of the following important information if these
measures are to be considered:
• Providing subsidized transit passes incurs significant financial and administrative
costs. This initiative requires a commitment from the owner/applicant to manage,
administer, and fund the full cost of monthly transit passes for residents. If this is
to be considered by the applicant, further consultation and confirmation of
expectations between all three parties (Applicant, City, Region — GRT) is
required as soon as possible.
• Successfully implementing a car share program would require that several
centrally located and highly convenient parking spaces be reserved exclusively
for car share vehicles.
• TDM coordination can be part of the portfolio of the building manager or parking
manager (if applicable).
• GRT's NextRide webpage at https://nextride.grt.ca/ displays customizable real-
time departure information for nearby bus stops. This information would benefit
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residents leaving the buildings to catch a transit vehicle, and act as a reminder
for all residents as to the frequency of transit service within walking distance of
the site.
Bike Parkina Rate
GRT TDM staff also note that bike parking is required at 1.0 spaces per unit. The
applicant proposes 455 units, and therefore 455 secure bike parking spaces, plus six
outdoor "visitor" Class -B bike parking spaces. The plans show 64 bike parking spaces
on the ground floor, and 59 bike parking spaces on the "Ground Floor +3m". This
provides a total of 123 spaces. The Urban Design Brief notes that "the remainder of the
Class A bicycle parking spaces are provided within individual units"; however, no
provision for bike parking is shown on the floor plans, nor is a method discussed
outlining which units would receive in -unit bike parking. It is noted that 332 units should
have some type of interior bike parking noted. Staff request additional details on this
matter in future Site Plan submissions.
Other
The required $805 Site Plan review fee has been received. No further fees are required
for the approval of a future Site Plan application.
Region of Waterloo International Airport
The development is located outside of the Airport Zoning Regulations, but within the
obstacle protection area for Runway 08 approaches and 26 departures. The
owner/developer has completed and submitted an Aeronautical Assessment (prepared
by IDS North America Ltd., dated June 2024), which determined that the maximum
allowable elevation on the property is 1,802 feet above sea level (ASL) before Runway
26 departures are impacted. The Assessment also notes a maximum building elevation
of 489.7m ASL (1,604ft ASL) and crane elevation of 524.7m ASL (1,719ft ASL). These
are both below the allowable height, and therefore no issues are anticipated, and the
Aeronautical Assessment is satisfactory. The Region requires that the amending zoning
by-law for the subject lands limit the proposed building height (and any related
construction cranes) to the maximum height identified in the Aeronautical Assessment,
a per the following wording:
The maximum height of the proposed building and related construction
cranes on site shall be 549.3m (1,802 feet) ASL. Any crane used for the
construction of this development (e.g. towers, rooftop HVAC,
communication towers/antennas) must be below the maximum height of
549.3m ASL.
Note that the developer will need to submit a Land Use application to Nav Canada, and
receive a letter of no objection to the satisfaction of the Region. The developer will also
need to submit an Aeronautical Assessment Form to Transport Canada (TC) and
comply with any requirements resulting from TC's review.
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Hydrogeology and Water Programs/Source Water Protection
The property is located within an area subject to Part 4 of the Clean Water Act. As a
result, a valid Notice of Source Protection (Section 59 Notice) is required prior to
approval of the ZBA. Regional staff have been in contact with the applicant's agent to
confirm validity of the Section 59 Notice — the Notice submitted indicates that fewer than
eight surface parking spaces are proposed; however, the building renderings appear to
show much more surface parking, which would make this development subject to a Risk
Management Plan. In March 2024, the owner/applicant indicated to Regional Risk
Management staff that all parking would be covered, but this appears to have been
revised in the concept submitted with this application. As a result, the Regional Risk
Management Official (RMO) cannot confirm the validity of the Notice submitted with this
application. The applicant is advised to reach out to the RMO
(RMO(a)regionofwaterloo.ca) as soon as possible to resolve this issue.
The proponent is also advised that the Region does not support the infiltration of salty
runoff from paved surfaces at this location; however, the infiltration of clean roof runoff
may be accepted. In addition, the Region does not support permanent active or passive
dewatering controls for below -grade infrastructure, including foundations, slabs, parking
garages, footings, piles, elevator shafts, etc. Therefore, waterproof seals should be
used in lieu of permanent dewatering infrastructure.
In accordance with Regional Council's endorsed position on geothermal energy, vertical
closed-loop geothermal is prohibited at this location. Vertical open -loop geothermal
energy may be considered subject to the submission of a Hydrogeology Study.
However, given that a Hydrogeology Study has not be submitted with the application, a
prohibition on all geothermal energy shall be required in the amending zoning by-law for
the site. 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.
Please also ensure that final SWM, FSR and Geotechnical reports are provided to the
Region as part of any future site plan submissions.
Housing Services
The Region supports the provision of a full range of housing options, including
affordable housing. The PJR indicates that the developer is seeking CMHC financing
(which may have affordability requirements) and is anticipating being required to provide
affordable units through the City's in -effect inclusionary zoning (IZ) policy.
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Should this ZBA amendment be approved and the project proceeds with affordability
requirements of CMHC financing and IZ requirements, this development will contribute
to the stock of housing affordable to a variety of income levels in Waterloo Region.
Staff further recommend meeting with Regional 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. Please do not hesitate to contact
Housing Services staff directly at JMaanMiedema(a)regionofwaterloo.ca or 226-753-
9593 should you have any questions.
Fees
Please be advised that the Region is in receipt of the ZBA review fee of $3,000
(deposited July 31, 2024).
Conclusions & Next Steps
Regional staff have no objection to approval of the proposed application, provided the
following are addressed:
• The applicant provides a valid Notice of Source Protection Plan Compliance
(Section 59 Notice) and/or site design clarification to the RMO as described
above.
• The applicant provides the RSC and Ministry Acknowledgement letter, or a
holding provision requiring their submission to the Region is implemented.
• A site-specific prohibition on geothermal energy is written into the amending
zoning by-law for the subject lands.
• The amending zoning by-law for the site specifies a maximum height of 549.3
metres (1,802 feet) ASL for any buildings and related construction cranes to
ensure compatibility with airport operations.
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 the
undersigned.
Yours truly,
Will Towns, RPP
Senior Planner
C. MHBC Planning Inc. c/o Luisa Vacondio (Applicant)
King Pine Kitchener Inc. c/o Stephen Litt (Owner)
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Page 200 of 232
Hi Eric,
No heritage planning comments or concerns for this application.
Thanks!
Kind Regards,
Deeksha Choudhry, MSc., BES
Heritage Planners Development and Housing Approvals Divisions City of Kitchener
Zoo King Street West, 6th Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7
519-741-22oo ext. 7602
deeksha. choudhrv(&kitchener. ca
.Z�ZfZttZaZ ZoZe;
Page 201 of 232
Application type:
Project address:
Comments of:
Commenter's name:
Email:
Phone:
Date of comments:
Comments due:
Preamble
City of Kitchener
ZBA comments
Zoning By-law Amendment Application ZBA24/022/K/ES
864-876 King Street West
Transportation Services
Dave Seller
dave.seller@kitchener.ca
519-783-8152
September 9, 2024
September 13, 2024
As part of a complete Zoning By-law amendment application a Transportation Impact Study (TIS) was
submitted (June 2024) by Paradigm Transportation Solutions Limited in support of this ZBA application.
Transportation Services reviewed the TIS and offer the following comments.
Development proposal
The applicant is proposing a 44 -storey residential building with 455 units. The development is estimated
to generate 100 AM and 86 PM peak hour vehicle trips. No vehicle trip reductions were calculated to
provide a conservative vehicle trip estimate. The site will be serviced by one full moves access along Pine
Street and a total of 296 parking spaces are being proposed within eight levels of parking (two
underground, six above ground).
Intersection analysis
The two intersections noted below were reviewed under existing 2024 base year traffic conditions and
both intersections are operating within acceptable levels of service and within capacity during the AM
and PM peak hours.
• King Street West (Regional Road 15) at Pine Street - signalized
• Pine Street at Mary Street - unsignalized
The two above intersections were reviewed under 2032 future background traffic conditions and are
both operating within acceptable levels of service and within capacity during the AM and PM peak hours
with no specific traffic movements identified.
The three intersections below were reviewed under 2032 future total traffic conditions and are both
operating within acceptable levels of service and within capacity during the AM and PM peak hours no
specific traffic movements identified. Future total traffic includes forecasted background traffic plus site
development traffic.
• King Street West (Regional Road 15) at Pine Street - signalized
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• Pine Street at Mary Street — unsignalized
• Pine Street at (NEW) site access - unsignalized
The new site access to Pine Street is forecasted to operate with a LOS A and v/c ratios of 0.11 or lower in
the AM and PM peak hours under the 2032 future total traffic scenario.
Transportation Demand Management (TDM) analysis
This development is well situated to take advantage of the existing alternative modes of transportation
available in the area to reduce vehicle dependency. There are several Grand River Transit (GRT) routes
and ION light rail that are within 500m of this development. They include the following routes: 4, 7, 16
and 301 ION Allen 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.
While there is no cycling infrastructure on Pine or Mary Streets, travel by bicycle to/from this
development is not restricted by any access -controlled roadways. Cyclists are permitted to ride on all
roadways in the study area.
Left turn lane analysis
A left turn lane analysis was completed along Pine Street at the new site access utilizing the Ministry of
Transportation (MTO) Design Supplement for the TAC Geometric Design Guide for Canadian Roads and
it was determined that a left turn lane along Pine Street is not warranted for the 2032 future total
traffic. Transportation Services supports Paradigms conclusion.
AutoTURN swept path analysis
The following design vehicle was reviewed for loading/garbage that was provided on the city template
labeled "Truck Turning Plan".
• REDG TORONTO 2017 (CA) Medium Single Unit (MSU) - acceptable
Conclusion
Based on the analysis and conclusions within the TIS, Transportation Services are of the opinion that this
development will not negatively impact the surrounding road network.
Transportation Services recommends that the vehicle parking be unbundled and offered at a separate
cost to leasing or owning a unit. This approach is more equitable and effective as tenants are not forced
to pay for parking that they do not need.
A City for Everyone
Working Together— Growing Thoughtfully— Building Community
Page 203 of 232
Eric,
The Waterloo Catholic District School Board has reviewed the subject application based
on our development circulation criteria. There is no objection to the proposed
development. However, we are flagging the conditions / comments below as they may
relate to a future site plan application / draft plan of condominium application.
The WCDSB has adopted a Holding Zone policy to address the possible redirection of
students from future development to allow the board to address issues of overcrowding in
our schools. Given the pressures being experienced in this area, we would ask that the city
impose the following on future applications related to this property:.
A) That any Education Development Charges shall be collected prior to the issuance of a
building permit(s).
B) That the developer and the Waterloo Catholic District School Board reach an agreement
regarding the supply and erection of a Holding Zone advisory sign (at the developer's
expense and according to the Board's specifications) advising prospective residents about
the Waterloo Catholic District School Board Holding Zone designation applied to the
subject property. A sign specifications document can be found at the bottom of the
board's planning department web page (https://www.wcdsb.ca/about-us/cs/planning/).
C) That the developer shall include the following wording in the subdivision agreement and
any future site plan agreement or condominium declaration to advise all purchasers of
residential units and/or renters of same:
"Waterloo Catholic District School Board present and future families - please note that
your new home is located in an area that has been designated as a Holding Zone as we
await construction of a new school(s) or additional capacity. Students may be
accommodated temporarily in a Holding School(s). Please visit
www.wcdsb.ca/accommodations for additional information."
Further, we have reviewed the conceptual site plan submitted by the applicant in support
of the zoning by-law amendment. We are concerned about the pedestrian connections,
specifically the interrupted pedestrian routes between Pine Street and the proposed
building. The site plan shows a loading zone impeding the pedestrian route. Further this
route directs pedestrians into the path of travel of the internal ramp in the parking
garage. Given the limitations on yellow bus PUDO activities on King Street West, we would
ask that the city and applicant work to address improving the pedestrian realm on-site to
ensure that school aged children are provided with a safe environment to get to school or a
designated pick-up zone proximate to the site.
Sincerely,
Page 204 of 232
Jennifer
Jennifer Passy, BES, MCIP, RPP (she/her)
Manager of Planning
Waterloo Catholic District School Board
Phone: 519-578-3677, ext. 2253
Cell: 519-501-5285
Page 205 of 232
September 19, 2024
Eric Schneider
Senior Planner
City of Kitchener
eric.schneider(d)-kitchener.ca
Re: Notice of Application for a Zoning By-law Amendment
File No.: ZBA24/022/K/ES
Municipality: Kitchener
Location: 864-876 King Street West
Owner/Applicant: Vive Development Corporation
Dear E. Schneider,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application
to permit the development of a 44 -storey multiple residential building with a total of 455 dwelling
units and 261 parking spaces. Site specific zoning relief is proposed to permit reduced setbacks
and physical separation.
This subject site is adjacent to the WRDSB-owned sports field at 21 Pine Street. The WRDSB
also owns the driveway access off Pine Street. This application's most significant setback
reductions are being requested for the north end of the subject site, along the WRDSB shared
property line.
The green space north of the subject site is a sports field used by Kitchener -Waterloo Collegiate
Institute (KCI), located at 787 King Street West. The Planning Justification Report (June 2024)
describes the field as park/open space; however, it should be noted that this field is WRDSB
property, which is scheduled and utilized by the school almost every period of the day through
the fall and spring, and for after-hours extra -curricular activities. This is the only sports field/
green space available to the high school.
KCI is one of the oldest buildings in the WRDSB. With a robust enrolment forecast and
attractive specialised program options, this school is expected to be a key asset within the
WRDSB's holdings for future generations. Student and staff well-being is critical to the
WRDSB's strategic plan. It must be the primary lens through which the analysis of
accommodation and operational issues are seen.
The WRDSB offers the following comments:
Student Accommodation
At this time, the subject lands are within the boundaries of the following WRDSB schools:
• Elizabeth Zeigler Public School (Junior Kindergarten to Grade 6)
• MacGregor Public School (Grade 7 to Grade 8)
• Kitchener -Waterloo Collegiate Institute (Grade 9 to Grade 12)
Please be advised that student accommodation pressures exist at these schools. The WRDSB's
2020-2030 Long -Term Accommodation Plan provides detailed enrolment projections for these
and all schools within the WRDSB.
Page 206 of 232
Interim student accommodation measures, including portable classrooms, are currently on-site
and are anticipated to continue to be required.
Further, the WRDSB may conduct a boundary study or designate this property as a
"Development Area" and assign it to Holding Schools before occupancy or sales.
Student Transportation
The WRDSB supports active transportation, and we ask that pedestrians be considered when
reviewing all development applications to enhance safety and connectivity. WRDSB staff are
interested in optimizing pedestrian access to public transit and municipal sidewalks so students
can access school bus pick-up points.
Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel
privately owned or maintained rights-of-way to pick up/drop off students. Transported students
must meet the bus at a congregated bus pick-up point. STSWR may have additional comments
about student pick-up point(s) placement on municipal rights-of-way.
Noise and Debris Issues During the Construction Phase
The WRDSB asks that the appropriate debris containment and noise considerations be enacted
to avoid negative school site impacts.
Construction Fencing and Trees
The WRDSB requests that solid and secure construction fencing be installed throughout the
duration of construction.
Further, as part of site plan approval, we request that a privacy fence be installed at the
developer's expense and to the WRDSB's specifications. The fence should have no access
points to the WRDSB property.
There are several mature trees and vegetation located on the WRDSB property line. The
owner/developer should protect these trees through construction.
School Site Use and Parking
As the WRDSB has stated in its comments on "Growing Together," the availability of parkland
and open space is a challenge in more dense areas of the City. We have concerns regarding
the adequate provision of parkland in this area to support the number of future residents, which
may result in unsanctioned use of school property during school hours, as we have already
experienced at 21 Pine Street.
Furthermore, the school's parking facilities should not be occupied by residents who may not
have access to on-site parking (a parking ratio of 0.65 spaces per unit is proposed). Parking in
the Green Street lot is for the exclusive use of the school's occupants during school hours and
arena occupants at all other times. We will take any available steps to avoid WRDSB parking
and property abuse.
Shadow Study
The school most heavily utilizes the field in the fall and spring, as soon as the weather improves
and the field dries up. The applicant's shadow study illustrates shadow impacts on the field from
March to June.
Page 207 of 232
WRDSB Draft Conditions
Concerning any future condominium declaration or agreement, the WRDSB requests the
following inclusions in the conditions of approval:
1. That the Owner/Developer shall include the following wording in the condominium
declaration to advise all purchasers of residential units and/or renters of same:
a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB),
accommodation in nearby facilities may not be available for all anticipated
students. You are hereby notified that students may be accommodated in
temporary facilities and/or bussed to a school outside the area, and further, that
students may, in future, be transferred to another school."
b. "For information on which schools are currently serving this area, contact the
WRDSB Planning Department at 519-570-0003 ext. 4419, or email
planning(o-wrdsb.ca. Information provided by any other source cannot be
guaranteed to reflect current school assignment information."
c. "In order to limit risks, public school buses contracted by Student Transportation
Services of Waterloo Region (STSWR), or its assigns or successors, will not
travel on privately owned or maintained right-of-ways to pick up and drop off
students, and so bussed students will be required to meet the bus at a
congregated bus pick-up point."
2. That the Owner/Developer enters into an agreement with the City of Kitchener to be
registered on the title to the Property that provides:
a. "All agreements of purchase and sale or leases for the sale or lease of a
completed home or a home to be completed on the Property must contain the
wording set out below to advise all purchasers of residential units and/or renters
of same."
"Despite the best efforts of the Waterloo Region District School Board
(WRDSB), accommodation in nearby facilities may not be available for all
anticipated students. You are hereby notified that students may be
accommodated in temporary facilities and/or bussed to a school outside
the area, and further, that students may, in future, be transferred to
another school."
"For information on which schools are currently serving this area, contact
the WRDSB Planning Department at 519-570-0003 ext. 4419, or email
planning(u-)wrdsb.ca. Information provided by any other source cannot be
guaranteed to reflect current school assignment information."
"In order to limit risks, public school buses contracted by Student
Transportation Services of Waterloo Region (STSWR), or its assigns or
successors, will not travel on privately owned or maintained right-of-ways
to pick up and drop off students, and so bussed students will be required
to meet the bus at a congregated bus pick-up point."
3. That in cases where Agreements of Purchase and Sale have already been executed, the
Owner/Developer sends a letter to all purchasers which include the above statements
(conditions 2 a. i., ii., and iii.).
Page 208 of 232
4. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's
expense and according to the WRDSB's specifications), near or affixed to the
development sign, advising prospective residents about schools in the area and that
prior to final approval, the Owner/Developer shall submit a photo of the sign for review
and approval of the WRDSB.
5. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the
above condition(s) has/have been satisfied.
Please be advised that any development on the subject lands is subject to the provisions of the
WRDSB's Education Development Charges By-law, 2021, as amended, or any successor
thereof and may require the payment of Education Development Charges for these
developments prior to issuance of a building permit.
The WRDSB requests to be circulated on any subsequent submissions on the subject lands and
reserves the right to comment further on this application.
If you have any questions about the comments provided, don't hesitate to contact the
undersigned.
Sincerely,
Lauren Agar
Manager of Planning
T: 519-570-0003 ext. 4596
Page 209 of 232
City of Kitchener
Zone Change Comment Form
Address: 864-872 King St
Application #: Zoning By-law Amendment ZBA24/022/K/ES
Comments Of: Urban Design- Planning
Commenter's Name: Pegah Fahimian
Email: Pegah.fahimian@kitchener.ca
Phone: 519-741-2200 Ext. 7342
Date of Comments: September 10, 2024
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
0 No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
• Architectural Floor plans, Reinders + Law
• Shadow Study, Reinders + Law
• Urban Design Brief- MHBC Planning, June 2024
• Wind Study - Pedestrian Level Wind — Preliminary Impact Assessment. Boundary Layer Wind Tunnel
Laboratory report, June 2024
2. Site -Specific Comments & Issues:
We have reviewed your proposal for the 44 -storey tower comprising 455 residential units and have
identified the following concerns:
Non -Compliance with SGA -4 Zone Regulations
The proposed 44 -storey tower does not meet several regulations in the SGA -4 zone, specifically
regarding the tower's physical separation requirements. The proposed tower lacks setbacks and
physical separation to all interior lot lines. The proposed 10m physical separation to the south,
where 15m is required for stories 37+. The proposed 11m physical separation to the east, where
15m is required for stories 37+ stories, is a significant reduction in separation. These regulations
are essential for:
o Ensuring the safety and privacy of building occupants and future neighboring
developments.
o Preserving the development potential of adjacent properties.
o Supporting the orderly growth of the City and maximizing the overall housing supply
within the area.
Density Considerations
The SGA -4 zone determines the maximum permitted densities as part of the Growing Together
framework, where maximum heights are not necessarily required in zoning. Unlike other
municipalities, density in this zone is not regulated through methods such as FSR or bedrooms -
per -hectare. This makes the framework one of the most permissive in Canada, allowing
significantly higher densities, but it still requires adherence to the permitted density limits.
Significant, unjustified increases through zoning by-law amendments cannot be supported.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Pl# 6 of 232
City of Kitchener
Zone Change Comment Form
3. Impact on Future Development
o Due to the proposed 44 -storey tower not meeting the physical separation regulations, adjacent
properties of similar size to the subject site will be unable to accommodate a tower of the same
height or density. This significantly limits the redevelopment potential of these properties,
hindering their ability to achieve comparable density levels as permitted in the area.
o This constraint undermines the intent of the zoning regulations, which aim to allow for orderly
and equitable development across all properties within the area.
4. Priority street regulations
The proposal does meet the priority street regulations.
o No community or commercial use on the street line ground floor, whereas a Community Use or
Commercial Use shall occupy a minimum of 50% of the street line ground floor, excluding office
and commercial parking facility is required.
o Above -grade structured parking spaces along the street line ground floor or street line second
floor, whereas this is not permitted.
o Above -grade structured parking spaces do occupy more than 50% of the area of the street line
fagade within the base of a building, whereas this is not permitted.
5. Exposed structure parking
o UDM policies
o No above -grade structured parking is to front onto King St. W. Active uses, office space and/or
residential units are to wrap any structured parking for the full extent of the garage at all levels.
o Create no vehicular access from King St. W. Where any other options exist (other streets, lane
access). Existing King St. W. Accesses should be closed through redevelopment.
o Set back new development along King St. W to accommodate street trees and a minimum
sidewalk width of 2m. Street trees should be consistent in their spacing, stature and soil
volumes and be coordinated between sites/properties.
o Enhance the public realm along King St. W. with public art, additional landscaping, plaza or patio
areas, upgraded surface materials, rest/waiting areas and bicycle parking. Coordinate elements
between sites to ensure that various needs are being met, avoid unwanted repetition, and
maintain visual interest and a diverse mixture of activities.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
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City of Kitchener
Zone Change Comment Form
3. Comments on Submitted Documents
Key design considerations, detailed below, must be addressed through a site redesign to create a
more functional site for residents and ensure the project fits in the context of the neighbourhood.
The City's Tall Building Guidelines should be consulted to inform the revised design of the site with
respect to the following:
a. Tower dimensions, configuration, separation, and overlook.
b. Location of amenity space(s)
c. Podium characteristics.
d. Structure Parking Design
Physical separation:
• The proposal needs to fully meet the requirements of Growing Together, specifically with regard to
on-site separation. The required on-site separation is 15m, and the proposal is deficient. The
proposal will need to be modified by reducing Tower's height until the resulting built form meets its
corresponding separation target.
According to the best practice, adequate tower separation distances from property lines and other
towers are a critical aspect of tall building design. The placement of towers should minimize
negative impacts on the public realm and neighboring properties, such as adverse shadowing,
pedestrian -level wind, and blockage of sky view. It should maximize the environmental quality of
building interiors, including daylighting, natural ventilation, and privacy for building occupants.
Compatibility Analysis: The proposed building's height and mass will hinder sky views and create an
overwhelming scale in the public realm. The proposal does not meet its target for physical separation, so
it does not demonstrate compatibility with its surroundings.
The proposed tower would significantly restrict and will clearly negatively impact the ability for the
remainder of the block to be developed in a way that won't be consistent with what the city has
envisioned.
• Where multiple towers are proposed on a site or adjacent sites, matters of sunlight, sky view,
privacy, and daylighting become even more critical since the cumulative effect can amplify the
quality -of -life concerns for both the public and private realms. Even if tall buildings near other tall
buildings meet the minimum required separation distances, setbacks, and step -backs, towers should
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Working Together — Growing Thoughtfully — Building Community
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Zone Change Comment Form
be further shaped, placed, and articulated to increase the actual and perceived distances between
adjacent building elevations.
• A revised design proposal should be developed that addresses the design direction and standards
outlined in the Growing Together and City's Urban Design Manual, including the Tall Building
Guidelines and the Design Brief criteria identified below:
Analysis of Microclimate Impacts
Confirmation must be provided that the proposal maintains daily access to 5 hours of cumulative direct
sunlight to nearby sidewalks and open spaces under equinox conditions, beginning with sidewalk
located on the opposite side of adjacent ROW.
Wind Study - Pedestrian Level Wind — Preliminary Impact Assessment. Boundary Layer Wind Tunnel
Laboratory report
A further quantitative wind study coupled with a detailed wind tunnel analysis will be required as part of
the full site plan application package. A revised design proposal should be developed that addresses the
wind impacts outlined in the submitted wind study. According to the submitted study, Near and on the
site property, the inclusion of the proposed development is generally seen to create an
increase to wind comfort classification from standing to walking in the summer and from walking to
uncomfortable in the winter at some localized areas along the west edge (facing Pine St.) and directly
north of the building. The southeast corner of the Proposed building has a localized region that
experiences a speed-up that results in exceedance of the safety criterion. This area falls in the ground
floor amenity space.
Architectural Floor Plans
Tower Design :
• The tower should step back from its base a minimum of 3m along any street -facing elevations.
• The proposed podium treatment will be further enhanced to create visual interest at the street
edge.
• The structure parking is highly exposed from the street. Unfortunately, its current form does not
contribute positively to the streetscape. To improve this, I recommend relocating the underground
parking structure or wrapping it with active uses to integrate it better into the overall urban design.
• The tower's height will need to be reduced to meet the required physical separation.
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Working Together — Growing Thoughtfully — Building Community
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Zone Change Comment Form
Podium Desien:
Contemporary architectural style and details are to be refined through the site plan process.
The building facades facing Street should contain an appropriate amount of detailing and
articulation, particularly at the podium and tower. Consider adding further architectural expression
to the street -facing elevations; explore options to maximize interest and expressiveness of exposed
podium facades.
Amenity area:
• Due to this neighbourhood's lack of amenity space, outdoor amenity space should be maximized;
please see the Growing together and Urban Design Manual for minimum requirements and
specifications.
• Required amenity space calculations are contained in the Urban Design Manual and include two
parts — one for a general amenity area and one for children's play facilities in multiple residential
developments. (2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space.
• The submitted Urban Design Brief does not include text and conceptual images that demonstrate
the commitment to providing sufficient and appropriate amenity space including the require
playground for all potential residents on site.
• Wind assessment is required for outdoor amenities, and the pedestrian realm, and full wind tunnel
study should be provided at the site plan stage.
Streetscape:
• Details of the streetscape are to be provided. Any streetscape elements proposed are to be
reviewed.
• The area between the building's face and the property line should be well integrated with the street
and public realm to deliver high-quality, seamless private, semi -private and public spaces.
Summary Comments
In summary, urban design staff is not supportive of the zone change as numerous items, including the
urban design brief, supporting documents, and reports, require revisions and/or updates. A revised
urban design brief and supporting documents are to be provided to urban design staff for review and
comment.
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Working Together — Growing Thoughtfully — Building Community
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♦���� PLANNING
IIIURBAN DESIGN
& LANDSCAPE
MHBC ARCHITECTURE
June 28, 2024
_KITCHENER I WOODBRIDGE I LONDON I BARRIE I HAMILTON
01
APPROVED
By Mike Balch at 3:34 pm, Sep 11, 2024
Carrie Musselman, Senior Environmental Planner
City of Kitchener, Planning Division, 6th Floor
200 King Street West
Kitchener, ON
N2G 4G7
Dear Ms. Musselman:
RE: Sustainability Statement — Zoning By-law Amendment and Site Plan Application
864-872 King Street West, Kitchener (Phase 1)
OUR FILE 15213 'BC'
The purpose of this letter is to provide a brief summary of sustainability considerations for the subject
lands, municipally addressed as 864-872 King Street West, in the City of Kitchener. The subject lands
are located with frontage along King Street West and Pine Street, and are currently occupied by a
vacant office building (former CTV Kitchener building) and associated surface parking. The subject
lands have a lot area of 6,329.2 sq.m. (0.63 hectares), before any future road widenings.
Our client proposes to redevelop the subject lands with a 44 storey residential development with a 6
storey podium, containing 455 rental residential units. Six levels of structured parking is proposed, as
well at two levels of underground parking, providing a total of 261 parking spaces, and 455 bicycle
parking spaces. Access to the structured parking area and service area is located off of Pine Street,
as the proposed development is the first phase of a proposed multi -phase development on the subject
lands that will be developed in the fullness of time. A loading dock/access is also accessed off of Pine
Street that is currently proposed to be outdoors, but will eventually be located within a podium
structure once the balance of the lands are developed. Amenity areas are provided within the
proposed development in the form of indoor rooms, and outdoor ground level and podium/rooftop
private amenity areas. A total of 5,389 sq.m of indoor and outdoor amenity area are proposed. The
vision of the proposed re -development is to provide future users with a sustainable and compact form
of urban living.
The proposed building recognizes our changing climate and provides a building form which supports
a more sustainable form of living. The building materials and construction will be of a high quality to
ensure the building is sound and has a long usable life. Natural and passive means for lighting,
venting, and heating have been considered in the building design with consideration given to large
operable windows and surrounding ambient heating. The proposed building envelope design will limit
thermal bridging and heat loss by being well insulated and airtight. High efficiency LED lighting will
be used throughout the interior and exterior of the building and detailed landscape design. The
200-540 Bingemans Centre Drive Kitchener, ON I N2B 3X9 519-576-3650 www.mhbcplan.com
Page 215 of 232
proposed development will be designed to incorporate energy conservation features and will be a
minimum of 26% more efficient that the applicable reference model building code.
The proposed development represents the re -development of an underutilized site within the City of
Kitchener Urban Area with access to existing and planned infrastructure and services. The proposed
design includes a sustainable and energy efficient building design, high quality site design,
landscaping features to enhance the public realm interface, and outdoor amenity areas in the form
of a private active amenity area with links to the existing active transportation network, private
terraces, and common amenity terraces on podium levels.
Sustainable Development (Section 7.C.4)
1) Compact Development and Efficient Built Form
• The proposed development will be sustainable by providing a compact form of development
within the City of Kitchener Urban Area.
• The site is surrounded by a range of residential, commercial office, and institutional uses,
and has access to existing and planned infrastructure and services, including the
transportation network.
• The provision of a multiple residential building will allow for a dense form of development
and contribute to the range of housing options available within an area designated
Protected Major Transit Station Area' and adjacent the King Street West Corridor.
• The site design and building layout maximize the efficiency of the proposals built form while
maintaining compatibility with adjacent land uses.
2) Environmentally Responsible Design
• Stormwater quality and quantity control will be provided on site, as identified in the Water
Conservation section of this letter.
• Through detailed design, infiltration measures will be designed to ensure post -development
flows are restricted to pre -development levels.
• Detailed landscape design will incorporate low impact development principals to further
mitigate stormwater run-off.
• A common amenity terrace on the podium level is being considered as part of the resident's
amenity area, as is a light -colour roof membrane.
• The compact building form and site design, will provide for a dense form of re -development
respecting the notion to maximize efficiency of existing built-up areas and preserving
natural lands within the City of Kitchener.
• Amenity areas will be designed to provide for various social and environmental
sustainability functions. Linear walkway connections, landscaped areas, and a variety of
decorative planting species will be included in the detailed design to provide areas for
gathering, social interaction and create a sense of place for the residents and users of these
areas.
3) Conservation of Natural Heritage Features
• No existing natural heritage features have been identified on the subject lands.
• On-site stormwater retention measures will be provided to attenuate post -development
flows of the 5 to 100- year to the pre -development levels and allow retention for the runoff
that is generated from the first 12.5 mm of rainfall.
Page 216 of 232
4) Reduction of Resource Consumption
• The proposed development provides for a dense form of development and provides for a
significant increase in efficiency of the existing site condition.
• The location of the site and proximity to existing active and public modes of transportation
(i.e. ION Light Rail Transit) will encourage other modes of transportation, and minimize
reliance on private vehicles, as detailed in the following point.
5) Transit -Supportive Development and Active Transportation
• King Street West is designated as an existing transit corridor in the Region of Waterloo
Official Plan. The proposed development provides a dense form of re -development
supportive of transit infrastructure investments.
• The proposed re -development of the lands will include enhanced streetscape treatments
(once the balance of the lands are developed through a future phase) and bike storage,
and is supportive of planned active transportation improvements.
• Transit service (Routes 4, 7 and 16), is currently provided along King Street West.
• Transit services (ION Light Rail Route 301) are currently provided directly in front of the
subject lands on King Street West.
• The proposed re -development of the subject lands provides the opportunity for enhanced
streetscaping adjacent the King Street West transit corridor.
• Multiple sidewalk connections are proposed to connect the public street frontage with the
proposed development.
• The connectivity of the subject lands is anticipated to promote active transportation use
and provides connectivity to the mixed-use shops, employment, recreation and residential
uses within the surrounding community.
• Bike parking will be provided on site in the form of an indoor bicycle storage located within
the proposed building in storage areas, and within the units themselves. Access to bicycle
storage will be convenient and focused on user safety. The provisions of secure locations
to park bicycles will encourage multi -modal transportation. Additionally it is anticipated
bike racks will be utilized to provide additional bike parking at grade for visitors.
Water Conservation (7.C.5)
1) Alternative Water Supply and Demand Management Systems
• Low -flush toilets and low -flow shower heads are proposed to be used.
• Individual units will be separately metered to ensure each unit is aware and accountable
for their individual water consumption.
2) Control Stormwater on Property
• Through detailed design, infiltration measures will be designed to collect the water from
the rooftop and surface parking areas and provide for stormwater regeneration on site back
into the groundwater table.
Energy Conservation and Generation (7.C.6)
1) Building Design and Orientation
• The base and tower building form minimizes the exterior envelope of a dwelling, as many
wall surfaces are shared between dwellings. This in turn minimizes the heat loss.
3
Page 217 of 232
• The building orientation provides for the majority of units to have direct access to natural
sunlight at various times throughout the day. The sun from the south allows for increased
natural light to enter the building fagade and reduce overall heating costs during the winter.
• The orientation and slender tower design ensures shadow impacts on adjacent land uses
are mitigated, allowing for more sun exposure overall and reduced energy usage for
heating. A shadow study has been completed and is included in the complete submission
application package.
• The roofing materials and colour to be utilized are contemplated to be of cool / light
coloured materials to reduce the effects of heat island effect from the roofing structure.
2) Consideration of Alternative or Renewable Energy Systems
• The building and site will be designed with modern energy-efficient designs and materials.
• The buildings will be designed to meet the RCFI minimum requirements for energy
efficiency criteria of 40% energy efficiency and GHG emission reduction relative to the 2017
National Energy Code for Buildings (NECB).
• Energy recovery ventilators will be provided in every residential suite, and common areas
where required.
• Heat pump chillers will be provided for central air conditioning and heating systems, and
condensing boilers for backup heat only when required.
• Reduced air changes per hour will improve unit air tightness, which leads to lower BTU
furnaces than normally used.
• Electrical vehicle charging stations will be provided for residents use.
Air Quality (7.C.7)
1) Landscaping
• Community sidewalks will be integrated into the property through enhanced streetscaping
and landscape design.
• Consideration will be given to utilizing native species where available in the detailed
landscape design.
• Landscape planting materials will be selected for attributes regarding drought and salt
tolerance as well as their ability to provide shade and/or wind protection.
• Street trees will be planted as per the City's specifications.
2) Indoor Air Quality
• Low or no VOC materials, paints, and finished are proposed for all indoor building materials
to minimize indoor air pollutants.
3) Transportation Demand Management Measures (TDM)
• Enhanced pedestrian and cycling connections provided to existing pedestrian, transit and
cycling facilities. The enhanced streetscape and all pedestrian connections are to be well
lit and designed in compliance with AODA standards.
• Providing short-term and long-term bike parking that achieves the City's minimum
requirement.
• Unbundling parking through the implementation of a paid -parking operation to lease
parking spaces separately from the cost to rent a unit.
• Transit service (Routes 4, 7 and 16), is currently provided along King Street West.
4
Page 218 of 232
• Transit services (ION Light Rail Route 301) are currently provided directly across the street
from the subject lands.
Waste Reduction and Management (7.C.8)
1) Reuse and Recycling of Building/Construction Materials
• Consideration will be given to the re -use and recycling of construction and building
materials.
2) On -Site Waste Management Facilities
• This development will provide for on-site waste management facilities for each individual
unit including garbage, recycling, and organic waste disposal.
Summary and Recommendations
In conclusion, the proposed development is designed to include elements of sustainable development.
The siting and orientation of the building forms create a compact and dense form of development.
This dense development form is part of a larger community, which includes transit service and active
transportation connections which will reduce the need for individual private vehicle trips.
We trust that this information meets the requirements to address the sustainability of the proposed
redevelopment. Please contact the undersigned should you have any questions or require anything
further.
Yours truly,
MHBC
Pierre 3. Chauvin, MA, MCIP, RPP
Partner
5
Luisa Vacondio, BES, MCIP, RPP
Planner
Page 219 of 232
City of Kitchener
Zone Change Amendment Comment Form
Address: 864-876 King Street West
Owner: King Pine Kitchener Inc.
Application: Zoning By-law Amendment Application ZBA24/022/K/ES
Comments Of:
Commenter's Name:
Email:
Phone
Date of Comments:
Documents Reviewed:
Park Planning
Lenore Ross
Lenore. ross@kitchener.ca
519.741.2200 ext 7427
Aug 16 2024
I have reviewed the documentation noted below submitted in support of a ZBA to redevelop the subject
lands with a 44 -storey multiple residential building having a total of 455 dwelling units, a Floor Space Ratio
of 7.3 and 261 parking spaces. The existing commercial buildings on site are to be demolished. The Zoning
By-law Amendment seeks site specific development standards in both Zoning By-law 85-1 and Zoning By-
law 2019-051, both which are in effect. The site specific development standards include floor space ratio,
building height, physical separation, and yard setbacks.
• Arborist Report
• Zoning By-law Amendment Application Form
• Floor Plans and Project Statistics Sheet
• Building Elevations, Sections
• Renderings
• Shadow Study
• Wind Study
• Concept Site Plan
• Planning Justification Report
• Site Grading Plan
• Urban Design Brief
Parkland Dedication
• The site is within the KW Hospital Planning Community and through Places and Spaces —An Open
Space Strategy for Kitchener, this community has been identified as critically underserved with
active neighbourhood park space and the site is beyond the recommended walking distance to
active neighbourhood park space. Although additional physical land would typically be acquired
through development applications to support new active park facilities, the amount and
configuration of land available through this development application is not suitable or sufficient and
Parkland Dedication as cash in lieu of land is recommended.
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P,M of 232
City of Kitchener
Zone Change Amendment Comment Form
• In accordance with the Planning Act, City of Kitchener Bylaw 2022-101 and the Park Dedication
Policy MUN-PLA-1074, Parkland Dedication will be required for the site plan application taken as a
cash -in -lieu of land.
• Parkland dedication requirements will be deferred at the Zoning By-law Amendment application and
assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land
use class and density approved through the ZBA and required as a condition of final Site Plan
Approval. Parkland dedication will be taken as cash -in -lieu of land according to the Planning Act,
Parkland Dedication Bylaw and Parkland Dedication Policy in effect.
• It is assumed that the proposed development will be undertaken through two separate site plan
applications with the illustrated concept representing phase 1 and future development proposed on
the balance of the site through phase 2. Parkland dedication will be assessed as a condition of each
site plan application.
• An estimate is provided for the phase 1 proposal using the approved land valuation of
$19,768,000/ha and a dedication rate of 1ha/1000 units; 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 0.63292 ha site with 455 proposed units and an FSR of 7.3 is $1,251,156 (phase 1).
Additional Parkland Dedication may be required for future development.
Calculation:
Phase 1
455 units /1000 units x $19,768,000/ha = $8,994,440 (alternate rate Bylaw 2022-101)
455 units x $11,862 = $5,397,210 (City of Kitchener capped rate)
0.63292ha x 0.05 x $19,768,000/ha = $625,578 (5% rate Bylaw 2022-101)
0.63292ha x $19,768,000/ha x 0.1= $1,251,156 (More Homes Built Faster Act 10% cap)
Example Phase 2 scenario
An estimate is provided using the approved land valuation of $43,243,000/ha and a dedication rate
of 1ha/1000 units; 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 0.63292 ha site with 545
proposed units and an FSR of 14 (retaining 455 units in phase 1) is $1,485,780 - see phase 2
calculation below.
545 units /1000 units x $43,243,000/ha = $23,567,435 (alternate rate Bylaw 2022-101)
545 units x $11,862 = $6,464,790 (City of Kitchener capped rate)
0.63292ha x 0.05 x $43,243,000/ha = $1,368,468 (5% rate Bylaw 2022-101)
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
0aagge 2qI of 232
City of Kitchener
Zone Change Amendment Comment Form
0.63292ha x $43,243,000/ha x 0.1= $2,736,936 (anticipated cap limit) - $1,251,156 (previous PD
payment) _ $1,485,780 (available More Homes Built Faster Act 10% cap )
Site Specific Comments & Issues:
There are minor updates required to the documentation noted below to address Park Planning's concerns
with the proposed ZBA applications. Park Planning can provide conditional support to the application
subject to receiving satisfactory updates to the documentation noted.
Comments on Submitted Documents
The following comments should be addressed at this time.
1. JK Consulting Arborists - Arborist Report and Detailed Vegetation Plan dated June 212024
The text contained in the document e.g. Section 1.1 Existing Sit pdf page 3 notes that the "Project is
currently bordered by a City park to the north" - is inaccurate. The sports fields and driveway north of the
site are owned by the Waterloo Region District School Board, not the City. References throughout the
document to "City parkland" should be revised as should the ownership data attributes in table 1 and
table 2 on DVP-2. Permission for any impacts to or removal of these trees will need to be provided by the
WRDSB.
A revised Arborist Report and Detailed Vegetation Plan is required.
2. MHBC Planning— Urban Design Brief dated June 2024
Section 2.2 Surrounding Context — Open Spaces & Natural Heritage identifies a number of amenities that
are not City owned active Park facilities; Water St Park is School Board property and Mary Ellen Park is
within the City of Waterloo. All active City park facilities are outside the recommended walking distance
of 750m
As noted in Parks' Presubmission comments, the "Urban Design Brief and supporting studies should
include assessment of shadows, solar access, a CFD wind study (and a full wind tunnel model at site plan
application) for on-site amenity spaces, at -grade pedestrian spaces and the adjacent public realm. The
UDB should provide conceptual details for on-site amenity spaces including commentary and precedent
images to guide detailed site design through the site plan application. Robust on-site outdoor amenity
spaces with good solar access and protection from wind will be required as part of the site plan and
should include seating and play equipment for residents of all ages and abilities.
A revised Urban Design Brief is required.
3. Boundary Layer Wind Tunnel Laboratory - Pedestrian Level Wind Assessment (CFD) — 864-872 King
St W (phase 1) dated June 20 2024
The report acknowledges that the CFD analysis is an appropriate tool to provide a description of potential
wind conditions related to pedestrian comfort, identify areas of accelerated flows, and provide conceptual
mitigation strategies. It also acknowledges that the effectiveness of mitigation measures is best evaluated
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
02q1 of 232
City of Kitchener
Zone Change Amendment Comment Form
through quantitative wind tunnel studies where specific elements can be best represented. A full wind
tunnel study will be required as a condition of final site plan approval. If phase 2 details are available
at the time, they should be incorporated into the model to provide a more accurate assessment of
environmental conditions and required mitigation.
Section 4.1 (page 5 and 9) of the report indicates that the "These criteria are consistent with those of the
City of Waterloo "Terms of Reference: Wind Study" [Ref. 1]. " This reference to the City of Waterloo
should be removed.
The analysis and report highlight several areas within and surrounding the site where wind conditions may
be of concern with the proposed development:
a) The southeast corner of the prosed building adjacent to the at -grade amenity area is identified as
having unsafe and uncomfortable -to -standing wind speeds. These winds will impact the proposed
at -grade amenity space and also the adjacent building and property. Site and or building
mitigation is required to reduce onsite and offsite wind speeds to safe and acceptable levels.
b) The 7" floor amenity space is identified as having uncomfortable wind speeds over the majority
of the space in both summer and winter. Site and or building mitigation is required to reduce
onsite wind speeds to acceptable levels to allow a full range of active and passive amenity space
uses.
Acceptable and sufficient mitigation measures will be confirmed through review and approval of
landscape plans, building drawings and a full wind tunnel study as a condition of final site plan approval.
Policies, Standards and Resources:
• Kitchener Official Plan
• City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy MUN-PLA-1074
• 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
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 ZBA and required as cash in lieu of land as a condition of Site Plan Approval
Dedication requirements are subject to the Planning Act, Parkland Dedication Bylaw, Park Dedication
Policy and rates in effect.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
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BUILDING DATA - Revised Proposal
BUILDING AREAS
Phase 1
BELOW GRADE
MET (sq. m.)
IMP.(sq.ft.)
PARKING
P1- UNDERGROUND PARKING
2287.9
24626.7
32
P2- UNDERGROUND PARKING
2287.9
24626.7
36
ABOVE GRADE
MET (sq. m.)
IMP.(sq.ft.)
1 BED 2 BED TOTAL
LEVEL 1- PARKING
1391.7
14980
23
LEVEL 2- PARKING
1591.6
17132
23
LEVEL 3 - PARKING
0
33
LEVEL 4 - PARKING
2062.1
22196
33
LEVEL 5 - PARKING
2062.1
22196
33
LEVEL 6- PARKING
2062.1
22196
33
LEVEL 7 - PARKING
2062.1
22196
33
LEVEL 1-AMENITY
182.2
1961
LEVELI- COMMERCIAL
0.0
0
LEVELI - COMMON AREA
488.2
5255
LEVEL 3 - RESIDENTIAL
LEVEL 4- RESIDENTIAL
LEVEL 5 - RESIDENTIAL
LEVEL 6- RESIDENTIAL
LEVEL 7- RESIDENTIAL
LEVEL 8- RESIDENTIAL
856.5
9219
8
4
12
LEVEL 9- RESIDENTIAL
856.5
9219
8
4
12
LEVEL 10 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 11- RESIDENTIAL
856.5
9219
8
4
12
LEVEL 12 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 13 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 14 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 15 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 16 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 17 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 18 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 19 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 20 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 21- RESIDENTIAL
856.5
9219
8
4
12
LEVEL 22 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 23 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 24 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 25 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 26 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 27 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 28 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 29 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 30 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 31- RESIDENTIAL
856.5
9219
8
4
12
LEVEL 32 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 33 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 34 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 35 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 36 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 37 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 38 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 39 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 40 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 41- RESIDENTIAL
856.5
9219
8
4
12
LEVEL 42 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 43 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 44 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 45 - RESIDENTIAL
856.5
9219
8
4
12
LEVEL 46 - RESIDENTIAL
LEVEL 47 - RESIDENTIAL
LEVEL 48 - RESIDENTIAL
LEVEL 49 - RESIDENTIAL
LEVEL 20 - RESIDENTIAL
LEVEL 51- RESIDENTIAL
LEVEL 52 - RESIDENTIAL
LEVEL 53 - RESIDENTIAL
LEVEL 54 - RESIDENTIAL
LEVEL 55 - RESIDENTIAL
LEVEL 56 - RESIDENTIAL
TOTAL GFA-ABOVE GRADE
FSR (6,329.1 sq.m. LOT AREA)
44449.1
7.1
478446
279 304 152
Parking Spaces/Unit
456
0.612
Page 232 of 232