HomeMy WebLinkAboutDSD-2025-053 - Addendum - Official Plan Amendment Application OPA24/012/K/ES - Zoning By-law Amendment Application ZBA24/024/K/ES - 4611 King Street East - Imperial Oil Ltd, LJM DevelopmentsStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Choose a meeting type
DATE OF MEETING: February 10, 2025
SUBMITTED BY: Garett Stevenson, Director of Development and Housing
Approvals, 519-783-8922
PREPARED BY: Eric Schneider, Senior Planner, 519-783-8918
WARD(S) INVOLVED: Ward 3
DATE OF REPORT:
REPORT NO.
February 7, 2025
DSD -2025-053
SUBJECT: Addendum Report
Official Plan Amendment Application OPA24/012/K/ES
Zoning By-law Amendment Application ZBA24/024/K/ES
4611 King Street East
Imperial Oil Limited c/o LJM Developments
RECOMMENDATION:
That Official Plan Amendment Application OPA/24/012/K/ES for Imperial Oil Limited
c/o LJM Developments requesting to add Policy 15.D.12.80 to Section 15.D.12 and to
add Specific Policy Area 80 to Map 5 — Specific Policy Areas in the Official Plan to
facilitate a mixed use development having 586 residential dwelling units and 1,892
square metres of commercial space within two towers atop a shared podium with
building heights of 18 and 26 storeys and a Floor Space Ratio (FSR) of 6.7, be
approved, in the form shown in the Official Plan Amendment attached to Report DSD -
2025 -053 as Attachments 'Al' and `A2', and,
That Zoning By-law Amendment Application ZBA24/024/K/ES for Imperial Oil Limited
c/o LJM Developments be approved in the form shown in the `Proposed By-law', and
`Map No. 1', attached to Report DSD -2024-053 as Attachments `131' and `132', and
further,
That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended,
further notice is not required to be given in respect to Zoning By-law Amendment
ZBA24/024/K/ES.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Council with updated `Proposed By-law' for the
Official Plan Amendment and Zoning By-law Amendment Applications that were
*** 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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presented to the Planning and Strategic Initiatives Committee on January 27, 2025 in
report DSD -2025-025.
This report supports the delivery of core services.
BACKGROUND:
On January 27th, 2025 Staff presented Official Plan Amendment Application
OPA/24/012/K/ES and Zoning By-law Amendment Application ZBA24/024/K/ES for the
subject lands located at 4611 King Street East in report DSD -2025-025 to the Planning and
Strategic Initiatives Committee. Committee referred the decision to the Council meeting
February 10th, 2025 and directed Staff to address comments and ideas raised by Council
and the community.
City Planning staff worked with City and Regional transportation staff, the applicant, Ward
Councillor Jason Deneault and a community delegate to respond and address concerns.
The applicant has presented a revised concept that includes reducing the proposed height
and density of the proposal and increases the proposed parking rate.
REPORT:
Staff facilitated a meeting between City Transportation staff, Region of Waterloo
Transportation staff, and a community delegate about traffic concerns to discuss the
Transportation Impact Studies completed for the application. Topics discussed included
access, U-turns, pedestrian movements, active transportation infrastructure, etc.
Staff facilitated a meeting between the applicant and the Ward Councillor Jason Deneault,
in which the applicant presented a revised plan that reduces the density on site. The
changes in density and the resultant changes to the by-law requests are detailed below.
Tower Heights
Across both towers, a total of 11 storeys have been removed.
Previous:
King Street Tower 33 Storeys
Rear Tower 22 storeys
Changed to:
King Street Tower 26 Storeys
Rear Tower 18 storeys
Unit Reduction
143 units have been removed.
Previous: 726 units
Changed to: 583 units
Floor Space Ratio (FSR) Reduction
Reduction of 11 storeys results in a decrease in FSR.
Previous: 7.9
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Changed to: 6.7
Parking Rate
Total proposed provided parking remains at 493 parking spaces, but with the reduction in
units this results in an increase in the parking rate per unit.
Previous: 0.57 parking spaces per dwelling unit
Changed to: 0.75 parking spaces per dwelling unit
Non -Residential Floor Area
Non -Residential floor area percentage increases as a result of 11 less floors of residential
floor space.
Previous: 3%
Changed to: 4%
Holding Provision 99H, Sanitary Servicing
Staff have made minor changes to wording of the Holding Provision to include the City of
Kitchener along with the City of Cambridge providing clearance for acceptance of proposed
sanitary flows and sanitary servicing to ensure collaboration for cross border servicing.
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:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
CONSULT — Staff circulated the revised concept details to residents who participated in
previous meetings or provided comments on the application.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2025-025 - Official Plan Amendment OPA24/012/K/ES and Zoning By-law
Amendment Application ZBA24/024/K/ES 4611 King Street East
REVIEWED BY: Malone -Wright, Tina - Manager of Development Approvals,
Development and Housing Approvals Division
APPROVED BY: Readman, Justin - General Manager, Development Services
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ATTACHMENTS:
Attachment A — Revised Proposed Zoning By-law
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DSD -2025-053 Attachment "A"
PROPOSED BY — LAW
, 2025
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law No. 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Imperial Oil Limited c/o LJM
Developments — 4611 King Street East)
WHEREAS it is deemed expedient to amend Zoning By-law 2019-051 for the
lands specified above;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
Zoning Grid Schedule Number 296 of Appendix "A" to By-law 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
Arterial Commercial Zone (COM -3) with Site Specific Provision (88) to Mixed Use
Three Zone (MIX -3) with Site Specific Provision (417) and Holding Provisions
(97H), (98H), (99H), and (100H).
2. Zoning Grid Schedule Number 296 of Appendix "A" to By-law 2019-051 is hereby
further amended by incorporating additional zone boundaries as shown on Map
No. 1 attached hereto.
3. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (417)
thereto as follows:
"417. Notwithstanding Sections 5.6 and 8.3 of this By-law, for the lands zoned
MIX -3 and shown as being affected by this subsection on Zoning Grid
Schedule Number 296 of Appendix "A", the following special regulations
shall apply:
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DSD -2025-053 Attachment "A"
i) The maximum Floor Space Ratio shall be 6.7;
ii) The maximum Building Height shall be 91 metres and 26 storeys
for the portion of the lands within 32 metres of King Street East;
iii) The maximum Building Height shall be 68 metres and 18 storeys
for the portion of the lands greater than 32 metres from King Street
East;
iv) The minimum Interior Side Yard shall be 3 metres;
v) The minimum percent of non-residential gross floor area shall be
4%;
vi) The maximum number of storeys in the base of a tall building shall
be 7 storeys;
vii) The minimum residential parking rate shall be 0.75 parking spaces
per Dwelling Unit,-
viii)
nit,
viii) 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."
4. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (97H)
thereto as follows:
"97H. Notwithstanding Section 8 of this By-law within the lands zoned
Mixed Use Three Zone (MIX -3) and shown as being affected by this
subsection on Zoning Grid Schedule Number 296 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) A Record of Site Condition is submitted and approved to the
satisfaction of the Ministry of the Environment, Conservation and
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DSD -2025-053 Attachment "A"
Parks or any successor Ministry ("MECP"). This Holding Provision
shall not be removed until the City is in receipt of a letter from
MECP, to the satisfaction of the City's Director of Development and
Housing Approvals, advising that a Record of Site Condition has
been completed and filed to the satisfaction of the MECP."
5. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (98H)
thereto as follows:
"98H. Notwithstanding Section 8 of this By-law within the lands zoned
Mixed Use Three Zone (MIX -3) and shown as being affected by this
subsection on Zoning Grid Schedule Number 296 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) A detailed transportation (road) and stationary noise study has
been completed and implementation measures recommended to
the satisfaction of the City."
6. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (99H)
thereto as follows:
"99H. Notwithstanding Section 8 of this By-law within the lands zoned
Mixed Use Three Zone (MIX -3) and shown as being affected by this
subsection on Zoning Grid Schedule Number 296 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) The City has received a letter from the Corporation of the City of
Cambridge's Manager of Development Engineering and the City of
Kitchener's Director of Engineering stating that the proposed
sanitary flows are acceptable, to the satisfaction of the City's
Director of Housing and Development Approvals."
7. Section 20 of By-law 2019-051 is hereby amended by adding Section 20 (100H)
thereto as follows:
"100H. Notwithstanding Section 8 of this By-law within the lands zoned
Mixed Use Three Zone (MIX -3) and shown as being affected by this
subsection on Zoning Grid Schedule Number 296 of Appendix "A", no
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DSD -2025-053 Attachment "A"
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) The City has received a letter from the Manager of Corridor
Planning, at the Region stating that the stormwater management
flows are acceptable, to the satisfaction of the City's Director of
Housing and Development Approvals."
8. This By-law shall become effective only if Official Plan Amendment No. _, 4611
King Street East comes into effect, pursuant to Section 24(2) of The Planning Act,
R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of
. 2025.
Mayor
Clerk
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