83 elmsdale dr, kitchener- official plan amendment & zone change proposal

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NovaCore Communities Corporation, a Hamilton developer that specializes in rehabilitating old industrial sites, is proposing to build two apartment buildings, a retirement home as well as office and retail space on the 4.89-hectare (12-acre) site at 83 Elmsdale Dr., near Ottawa Street South and Strasburg Road. Kitchener and Waterloo Region considering $10 million in tax deferrals to help lay for contaminated site clean up.

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  • REPORT TO: Planning & Strategic Initiatives Committee

    DATE OF MEETING: June 23, 2014

    SUBMITTED BY: Alain Pinard, Director of Planning

    PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987

    WARD(S) INVOLVED: Ward 6

    DATE OF REPORT: May 26, 2014

    REPORT NO.: CSD-14-049

    SUBJECT: OFFICIAL PLAN AMENDMENT OP13/04/E/KA ZONING BY-LAW AMENDMENT ZC13/15/E/KA 83 ELMSDALE DRIVE

    CITY OF KITCHENER (APPLICANT: NOVACORE COMMUNITIES CORPORATION)

    ___________________________________________________________________

    EXECUTIVE SUMMARY:

    The applicant, NovaCore Communities Group, is proposing to amend the Official Plan designation and zoning of 83 Elmsdale Drive to permit the former City of Kitchener Utilities Operations Centre to be redeveloped with a mixed use development including residential, commercial and office uses. The proposed redevelopment will include an environmental clean-up of the lands. Staff recommend that the proposed Zone Change be approved and Official Plan Amendments be adopted and accordingly forwarded to the Region of Waterloo for approval.

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  • RECOMMENDATION:

    A. That Official Plan Amendment Application OP13/04/E/KA for City of Kitchener (83 Elmsdale Drive) requesting a change in designation from Municipal Services and Public Utilities District to Neighbourhood Mixed Use Centre with Special Policy 54 to permit a mixed use development on the parcel of land specified and illustrated as the Area of Amendment on Schedules A and A1, be adopted, in the form shown in the Official Plan Amendment attached to Report CSD 14-049 as Appendix A, and accordingly forwarded to the Region of Waterloo for approval; and

    B. That Council request that the Regional Municipality of Waterloo amend section 15.D.12 of the Final New Official Plan to add a new Site Specific Policy (to be numbered accordingly) and in the form shown on the Amendment to Final New Official Plan; to amend Map 2 to identify as Neighbourhood Node the parcel of land specified an illustrated as the Area of Amendment on Schedule I; to amend Map 3 to change the designation from Major Infrastructure and Utilities to Mixed Use for the parcel of land specified an illustrated as the Area of Amendment on Schedule II; and to amend Map 5 to add a new Site Specific Special Policy to the lands to permit a mixed use development on the parcel of land specified an illustrated as the Area of Amendment on Schedule III, all as attached to Report CSD 14-049 as Appendix B; and

    C. That Zone Change Application ZC13/15/E/KA for the City of Kitchener (83 Elmsdale Drive) requesting a change from General Industrial Zone (M-2) to Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 649R, Special Use Provision 436U and Holding Provision 71H on the parcel of land specified and illustrated as the Subject Area on Map No. 1, be approved in the form shown in the Proposed By-law dated May 20, 2014, attached to Report CSD 14-049 as Appendix C; and further

    D. That the Urban Design Guidelines for 83 Elmsdale Drive, dated May 8, 2014, and attached to Report CSD-14-049 as Appendix E, be adopted, and that staff be directed to apply the Urban Design Guidelines through the Site Plan Approval process.

    BACKGROUND:

    The subject applications relate to 83 Elmsdale Drive as shown on Map 1 above. The site was formerly home to the City of Kitcheners Utilities Operations Centre and is a brownfield site requiring remediation prior to redevelopment. With the consolidation of the Citys operations facilities at the new Kitchener Operations Facility on Goodrich Drive, the site is no longer needed for municipal purposes and has been deemed surplus. The City is currently selling the site, and the lands are under contract with NovaCore Communities Corporation (NovaCore) who have submitted the subject applications in support of their proposed redevelopment.

    REPORT:

    The subject lands are located at 83 Elmsdale Drive and are 4.89 hectares in size. The site has been vacant for a number of years and currently contains three one-storey buildings which were formerly used as the Citys utilities operations centre. The existing buildings will be demolished prior to redevelopment of the lands.

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  • The lands are located in the Laurentian Hills Neighbourhood and the site is bordered by a range of commercial, public service uses (Grant River Transit Operations Centre and Kitchener Fire Headquarters) and parks (McLennan Park and Elmsdale Park). The greater neighbourhood contains a mix of low-rise residential uses including single and semi-detached houses, and low-density multiple residential uses including apartment buildings and townhouses. The subject lands are known to be contaminated and remediation is required prior to redevelopment. Development Concept and Urban Design Guidelines: The applicant is proposing to redevelop 83 Elmsdale with a mixed use development consisting of multiple residential dwellings, a residential care facility, commercial and office uses. The vision for the site is to transform and breathe new life into an underutilized brownfield property to become a new mixed use focal point in the Laurentian Hills neighbourhood. A range of uses and layouts are possible for the future development of the lands and the proposed zoning and policies are intended to allow for flexibility, and a development that is compatible with the surrounding neighbourhood, at an overall medium density. Urban Design Guidelines have been submitted in support of the applications, and are attached to this report as Appendix E. Two concept plans have been prepared for illustrative purposes and may be found on pages 2 and 3 of the Design Guidelines. These concepts demonstrate options for how a mixed use development could be achieved and illustrate possible built form and densities. In both concepts mid-rise apartment buildings are located near Elmsdale Drive overlooking Elmsdale Park, while commercial and office uses are focussed to Ottawa Street South. The concepts aim to provide a transition between the commercial site functions and the residential neighbourhoods to the north and west. Buildings are oriented to frame the street and park edges, and parking is located internal to the site, and is anticipated to be shared by the future complement of users. While the site could be developed in a number of different ways, the Design Guidelines would apply to any development scenario. The Guidelines focus on providing strong pedestrian routes through the site, connections to transit, logical grid style vehicular access routes and the provision of a mix of uses. The Guidelines also encourage innovative and attractive architectural styles that consider the character and aesthetics of the surrounding area, focus on building design and landscaping which enhance the streetscape and the interface with Elmsdale Park, and promote a pedestrian, cycling and transit friendly environment. Staff recommend that Council adopt the attached Urban Design Guidelines and that staff be directed to apply the Guidelines through the Site Plan Approval process. Proposed Official Plan Amendment

    The applicant has applied for an Official Plan Amendment in support of the proposed redevelopment concept. At the time of writing, staff anticipate that the proposed amendment will proceed to Committee and Council following Councils consideration and adoption of the Final New Official Plan and with a recommendation that the document be forwarded to the Region of Waterloo for approval. As the new Official Plan is not yet in force and effect, should Council approve the proposed Official Plan Amendment, the current Official Plan must be amended and the new Official Plan must be updated to reflect the proposed change in designation. As such, recommendations are included which propose changes to the both documents. The Region of Waterloo should be requested to make the appropriate changes to the Final New Official Plan in advance of the document receiving final approval.

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  • Current Official Plan The subject lands are currently designated Municipal Services and Public Utilities District in the Official Plan. This designation recognizes large municipal services and utilities. NovaCore is proposing to change the designation to Neighbourhood Mixed Use Centre with Special Policy 54 to permit a mixed use development consisting of multiple residential, residential care facility, commercial and office uses. As discussed in the proposed Official Plan Amendment, attached as Appendix B, staff are of the opinion that the Official Plan Amendment is appropriate for the development and use of the land and is compatible with the surrounding area. Staff recommend the Official Plan Amendment be adopted by Council and forwarded to the Region of Waterloo for approval. Final New Official Plan The subject lands are designated Major Infrastructure and Utilities and are identified as Community Area in the Final New Official Plan. As discussed in the proposed Amendment to the Final New Official Plan, attached as Appendix C, staff are recommending that the designation be changed to Mixed Use with a new Special Policy Area and identified as a Neighbourhood Node to permit the proposed mixed use development. As discussed in the proposed Amendment to the Adopted Official Plan, staff are of the opinion that the proposed changes are appropriate for the development and use of the lands and are compatible with the surrounding area. Staff recommend that the proposed changes be adopted, and that Council request the Region of Waterloo make the required changes to the Adopted Official Plan, prior to approval. Proposed Zoning By-law Amendment The subject land is zoned General Industrial Zone (M-2) to recognize the quasi industrial nature of the former utilities operations centre. This same zone applies to the Grand River Transit garage and Kitchener Fire Headquarters which are adjacent to the subject lands. The current M-2 zone allows the lands to be developed with industrial uses including manufacturing, warehousing and contractors establishment. Through the Municipal Comprehensive Review of Employment Lands (CREL), completed in 2010, 83 Elmsdale Drive was considered to be located in an area more appropriately suited to mixed use and residential development. The CREL identified that the lands are not required to meet the projected employment land needs, and are not identified as protected employment lands. Therefore, they are eligible for conversion to other uses. NovaCore is proposing to change the zoning on the lands to Neighbourhood Shopping Centre Zone (C-2) to allow its redevelopment. Neighbourhood Shopping Centre Zone permits a range of commercial uses intended to serve the day to day needs of the surrounding community including retail, office, personal services, health office/clinic and religious institutions. The applicant is proposing to add a Special Use Provision to the lands to allow for multiple residential uses and residential care facilities and to prohibit gas stations and car washes. As is articulated in the proposed Urban Design Guidelines, the vision for the subject lands is to transform and breathe new life into an underutilized brownfield property to become a new mixed use focal point in the Laurentian Hills neighbourhood. The proposed zoning category together with the special uses, will appropriately implement the policies of the proposed Neighbourhood Mixed Use Centre designation and staff are of the opinion that the proposed zoning category and special uses are appropriate for the future redevelopment of the site.

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  • The applicant is proposing to add Special Regulation Provision 649R in order to accommodate the proposed development concept as included in the Urban Design Guidelines (Appendix E). Proposed special regulations are as follows:

    The minimum side yard and rear yard setbacks shall be 3.0 metres, except where the lot line forms part of a boundary with a residential or park zone in which case the minimum setback shall be 7.5 metres. The current zoning regulations provide for a 3.0 metre side yard setback except where it forms part of a boundary with residential. Planning and Operations staff are of the opinion that it is important to provide for a 7.5 metre setback to Elmsdale Park to achieve an appropriate separation between buildings and the park uses. In addition, due to the orientation of the site, staff are of the opinion that it is appropriate to consider the same setbacks for the side and rear yards. This will help ensure consistency throughout the future site development process. Today Elmsdale Drive is considered the front yard and the yard adjacent to the Fireside Deli restaurant is considered the rear yard. However, should the lands ever be severed, Ottawa Street South may become the front yard for a portion of the lands, and the lot line adjacent to the park and/or Grand River Transit Operations Centre may become the rear yard. In staffs opinion it is important to provide a 7.5 metre setback to the park regardless of which yard this forms. Similarly, whether considered a side or rear yard, staff are of the opinion that a 3.0 metre setback to public service or commercial uses is appropriate.

    The minimum setback for a multiple residential dwelling or a residential care facility to Ottawa Street shall be 3.0 metres, and to Elmsdale Drive shall be 3.0 metres for a building not exceeding 10.5 metres in height, with an additional setback of 1.5 metres for every additional 3.0 metres of height thereafter. This regulation requires that upper stories of buildings be stepped-back from the Elmsdale Drive street edge, ensuring compatibility with surrounding lower rise uses and a transition in building heights. Stepbacks are not required along Ottawa Street South as there is no interface with sensitive uses which may require a transitional height or greater setback.

    The maximum building height shall be 24.0 metres for multiple residential dwellings and residential care facilities. A medium-rise height is considered appropriate for the subject lands and the proposed maximum height of 24 metres is consistent with Medium Rise Residential designation. The development concept included with the Urban Design Guidelines includes two concept site plans which illustrate multiple residential buildings with 7 and 8 stories. A Shadow Impact Analysis submitted in support of the application shows that there are no expected shadow impacts to nearby residential dwellings. Most shadowing occurs during the winter months with the greatest impact on Elmsdale Park and the Grand River Transit Operations Centre. The Design Guidelines also provide guidance to the design of multiple residential building to ensure that taller buildings will contribute positively to the site and streetscape. The existing height restrictions will continue to apply to non-residential buildings (15.0 metres, except that the height may be increased beyond the maximum of 15.0 metres provided that the building is so located that its distance from any lot line is equal to or greater than its building height).

    Dwelling Units located in Multiple Dwellings and Residential Care Facilities may be permitted on the ground floor and these buildings are not required to contain a mix of uses.

    Special Regulations are also being proposed for minimum and maximum Floor Space Ratio (FSR) as follows:

    o Minimum FSR of 0.6 for a site developed exclusively with residential uses or a mix of commercial and residential uses and a minimum FSR of 0.3 for a site developed exclusively with commercial uses. The Minimum FSR may be lower

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  • in the preliminary stages of development provided the development is consistent with a Master Site Plan and the adopted Urban Designed Guidelines.

    o Maximum FSR of 1.0, expect where it has been demonstrated that the infrastructure and surrounding streets can handle additional density, then a maximum FSR of 2.0 shall be permitted.

    As discussed with respect to the Official Plan Amendment, the FSR regulations allow for the site to develop at an overall medium density. Staff are of the opinion that this site is well suited for medium density development as it is well served by public transit, is in close proximity to retail, services and restaurants and has great access to parks. Medium density is also compatible with nearby residential uses. The FSR regulations provide for some flexibility in the instance that the detailed design changes, if the lands are subdivided in the future, or if the site is developed in multiple phases. For example, the applicant has suggested that they may wish to sever the portion of lands to be developed with multiple residential uses from the commercial lands. Should the residential lands be developed independently, they will very likely be developed at a density greater than 1.0 FSR, while lands retained exclusively for commercial will likely be developed at an FSR lower than 0.6. However, while allowing some flexibility it is expected that at full build-out the site will achieve a density between 0.6 and 1.0 (which achieves a medium level of intensity) as in demonstrated in the different variations of Concept Plans included in the Urban Design Guidelines.

    Special regulations are proposed with respect to the maximum amount and size of retail and office spaces as follows:

    o The maximum gross leaseable commercial space shall not exceed 10,000 square metres and will not exceed 7,000 square metres of combined gross floor area devoted to retail uses or 5,000 square metres of combined gross floor area devoted to office uses.

    o One freestanding retail outlet shall be permitted to a maximum size of 6,500 square metres. All other freestanding retail outlets shall be permitted to a maximum size of 3,500 square metres.

    The current Neighbourhood Shopping Centre Zone (C-2) permits up to 13,935m2 of commercial space. This is significantly higher than the 7,000 m2 permitted in the Neighbourhood Mixed Use Centre designation. Through the analysis of site, staff are of the opinion that a reasonable amount of non-residential gross floor area for the site is 10,000 m2. This is a sufficient amount of non-residential space to achieve a desirable non-residential density, while also ensuring that a mix of residential and non-residential uses are provided. The regulation also limits the overall amount of retail commercial space to 7,000 m2 and total overall amount of office to 5,000m2. These limitations will help ensure a mix of retail and office types of uses are achieved. Furthermore, the C-2 regulations permit a retail outlet to have a maximum size of 4,550m2. The applicant is proposing that the policy and regulations permit one retail outlet to have a maximum gross floor area of up to 6,500m2. One concept for the development of this site contemplates the inclusion of one large anchor tenant. Not all concepts include this, however staff are of the opinion that given the location and development of surrounding lands, allowing one large format retail space is appropriate. All other retail outlets shall be limited to 3,500m2. Further, as the regulation provides a

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  • cap on retail at 7,000m2, should one retail user develop a single large unit, all other retail units will, by default, be smaller in scale.

    Several special regulations with respect to parking are also being requested. o That parking spaces, loading spaces, aisles giving direct access to a parking

    space (excluding driveways or portions thereof extending directly from the street) and drive-thru stacking lanes shall be located a minimum distance of 4.5 metres from a street line. This regulation will increase the landscaped area between parking areas and the streetline beyond standard by-law requirements.

    o The minimum parking requirement for a multiple dwelling shall be 1 space for each dwelling unit. Visitor parking shall be provided at a rate of 22.5% of the parking required and shall be provided in addition to the minimum rate of 1 space per unit. Transportation Services staff have reviewed the Transportation Demand Management (TDM) Plan which supports the proposed parking rate. TDM measures that the developer has committed to include indoor bicycle storage in residential and office buildings, shower facilities in office buildings, provision of subsidized transit passes and parking monitoring for a period of two years, and Travelwise Membership for office uses. These facilities will be identified in the Urban Design Guidelines and will be provided through the future Site Development processes. While the overall parking rate is 1 space per unit, visitor parking will be provided at a higher than standard rate to ensure there is sufficient parking available for visitors to multiple residential buildings. The subject lands are also well served by public transit and are located on a future east/west I-Xpress Route. The site is in close walking distance to many shops, restaurants, services and parks, which all help to contribute to an environment in which reduced vehicle ownership is likely.

    The subject lands are identified by the Region as containing known contamination. In accordance with the Regional Guidelines, a Record of Site Condition (RSC) is required before any of the proposed land uses are permitted. A holding provision has been added to the lands in this regard. The lands are located in proximity to traffic and stationary noise sources including Ottawa Street, Highway 7/8 and the Grand River Transit Operations Centre. An Environmental Noise Feasibility Study was completed in support of the applications. This study shows that subject to appropriate mitigations, sensitive uses such as residential uses can be located on the site. A holding provision is recommended to be added to the lands requiring the completion of a detailed noise assessment, based on the proposed site plan. Furthermore, through the Citys Comprehensive Review of the Zoning By-law, the City may consider rezoning the subject lands to a Mixed Use zoning category that would more closely fit the proposed designation of Mixed Use (Neighbourhood Node) in the Final New Official Plan. Any such change would be considered through the comprehensive zone change process. However, under the current Official Plan the proposed Neighbourhood Commercial Zone (C-2) is an appropriate zoning category.

    Provincial and Regional Policy Considerations: Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes efficient development and land use patterns. Policies

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  • speak to accommodating an appropriate range and mix of residential and other uses, and it identifies that land use patterns shall be based on densities which efficiently use land and resources, infrastructure and public service facilities. It encourages developments which supports active transportation and which are transit-supportive, and promotes healthy and active communities. Policies identify that municipalities are to promote intensification and redevelopment where this can be accommodated, including on brownfield sites. Staff are of the opinion that the proposed applications are consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are designated as part of the Built-Up Area as defined by the 2006 Growth Plan for the Greater Golden Horseshoe. The Growth Plan encourages intensification efforts, including brownfield redevelopment within existing built-up areas. Policies promote building compact, transit supportive communities and encourage the development of complete communities having a diverse mix of land uses, and a range and mix of employment and housing types, with easy access to stores and services. The Growth Plan permits the conversion of lands within employment areas to non-employment use through a municipal comprehensive review. The subject lands were considered through the Citys 2010 Municipal Comprehensive Review of Employment Lands are were not identified as protected employment lands. Therefore, they are permitted to be converted to other uses. Staff are of the opinion that the subject applications comply with the policies of the Growth Plan. Regional Official Policies Plan The subject lands are within the Urban Area established in the Regional Official Policies Plan (ROPP). ROPP policies generally promote the establishment of a full range of housing types, efficient land use patterns, mixed use development and land use patterns that support alternative modes of transportation including transit, walking and cycling. The proposed Official Plan Amendment and Zone Change do not conflict with the Regional Official Plan or Regional Official Policies Plan.

    Planning Analysis: In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zone Change. Staff are of the opinion that the proposed designation in the both the current Official Plan and Final New Official Plan are appropriate for the development and use of the lands within the context of the surrounding neighbourhood. The proposed Neighbourhood Shopping Centre Zone (C-2) and additional Special Use Provision provide for a range of uses that are appropriate for the redevelopment of the lands. The proposed Special Regulation Provision will ensure that the form of the development is compatible with the surrounding commercial, residential and park uses. The Urban Design Guidelines will further help to ensure a high quality design through the site development stage. The requested Official Plan Amendment and Zoning Bylaw Amendment are consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Staff are of the opinion that the proposed Official Plan Amendment and Zone Change represent good planning. AGENCY COMMENTS: Commenting agencies and City departments have no concerns with the proposed Official Plan Amendment or Zone Change, or comments have been addressed through the site development process and Holding Provision, Special Regulation Provision and Special Use Provisions have been added as appropriate.

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  • The Region of Waterloo has reviewed the subject applications and are supportive of the proposed Official Plan Amendment and Zone Change. However, given the existing levels of contamination, and specifically concerns with the contamination of groundwater, they have required the completion of a Source Water Protection Potential Contamination Study. This study is underway and interim monitoring reports have been provided to the Region. After review of these updates, Regional staff have no objection with the subject applications moving forward with the understanding that a complete Source Water Protection Potential Contamination Study will be submitted prior to final approval of the Official Plan Amendment by the Regional Commissioner of Planning, Housing and Community Services. Staff are supportive of this approach as it allows City Council to make a timely decision on these applications, while affording time for the completion of the Regionally required study, prior to final approval being granted. NEIGHBOURHOOD COMMENTS: As a result of the preliminary circulation of the Official Plan Amendment and Zone Change applications, staff received written responses from two nearby property owners. The concerns raised relate to the impacts of increased volume of traffic, added stress to water and sewer services, the proposed 8 storey height of the multiple residential buildings, and the loss of green space. Comments are attached in Appendix G. Traffic: A Traffic Impact Study (TIS) was prepared in support of the application. This study has been reviewed and approved by the Region of Waterloo and the Citys Transportation Services staff. The TIS finds that there is sufficient capacity on both Elmsdale Drive and Ottawa Street South for the proposed development and that surrounding intersections will operate at acceptable levels. New traffic lights are not warranted at either Elmsdale Drive at Ottawa Street South, or at the sites private driveway onto Ottawa Street South. It is recommended that a pedestrian refuge island be installed at the Elmsdale Drive/Ottawa Street South intersection to promote safe pedestrian passage between the site and McLennan Park. A pedestrian refuge island is illustrated on the concept plans prepared in support of the Urban Design Guidelines. The developer will also be required to construct left-turn lanes on Ottawa Street South for left turns onto Elmsdale Drive and into the sites private driveway at the site plan stage. Infrastructure: The Citys Engineering Services Division has required that two months of flow monitoring be undertaken to ensure that there is sufficient capacity in the Citys sanitary sewer system. As a result of the monitoring program it has been identified that additional capacity is required to accommodate the proposed development. Capacity upgrades will be completed prior to development of the site. There are no concerns with water capacity and storm water management can be addressed through the detailed site design stage. Proposed Building Heights: The applicant is proposing to permit a maximum height of 8 stories or 24 metres for multiple residential buildings. The proposed heights are consistent with a medium rise development and staff are of the opinion that the proposed height is appropriate for this site. The lands are generally surrounded by parks, commercial, public service uses, and a low-rise multiple residential development (townhouses) is located northeast of the subject lands. The residential uses are proposed to be located on the eastern part of the site, providing a transition between new commercial uses and existing residential. The proposed zoning regulations require that buildings with heights above 3 stories (10.5 metres) will be required to be stepped back or be

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  • setback further from the street-line to provide for a more gradual transition in heights from surrounding land uses. The concept plans prepared as part of the Design Brief prepared in support of the applications, locate the multiple residential buildings adjacent to Elmsdale Park. A Shadow Impact Analysis was prepared in support of the applications and this study shows no shadow impacts to nearby residential dwellings. Most shadow impacts occur during the winter months with the greatest impact being to Elmsdale Park and the Grand River Transit Operations Centre. The Design Brief also speaks to the future design of the multiple residential buildings. Guidelines specifically state that taller buildings will be designed with a defined base to contribute to a pedestrian friendly environment, an articulated middle section to minimize the appearance of bulk and a defined top section that will contribute to an interesting skyline. These measures will help to ensure that the taller buildings will contribute positively to the site and streetscape. Staff are recommending that Council adopt the Design Guidelines and that staff be directed to implement them through the Site Plan process. Green Space: Residents expressed concerns with a loss of green space in the community. Staff acknowledge that the former use as a utility operations centre provided for landscaped area around the perimeter of the site. The Design Guidelines provide direction on the future landscaping including the implementation of a high level of landscape design that will contribute to the visual character and aesthetics of the Laurentian Hills neighbourhood, the use of plantings to frame and soften building elevations, and the provision of enhanced landscaping along primary pedestrian routes through the site. The residential development proposed for the site will also be required to include private green spaces for future residents. Furthermore, Operations Parks staff have indicated that Elmsdale Park will likely be identified in a future capital forecast as a community park rehabilitation project. This will help to improve the existing park space in the community.

    ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will align with the Kitchener Strategic Plan as it ensures the implementation of the community priority Development. The proposed Official Plan Amendment and Zone Change applications rezone and redesignate lands to categories more appropriate within the context of a residential and commercial neighbourhood, helping protect the long-term quality of life for residents. The proposal helps to make better use of a vacant piece of industrial land and will facilitate its remediation, thereby helping to protect the environment and the health of residents.

    FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with these recommendations.

    COMMUNITY ENGAGEMENT: Preliminary circulation of the Official Plan Amendment and Zone Change was undertaken on January 9, 2014 to agencies and to all property owners within 120 metres of the subject lands. As a result of the circulation, staff received written responses from two property owners (see Appendix G) which are addressed in this report. All residents who provided comments will be mailed notice of the public meeting, and notice of the public meeting will appear in The Record on May 30th, 2014. The newspaper notice, statutory circulation and public meeting, fall under the Inform and Consult themes of the Community Engagement Strategy.

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  • CONCLUSION: City of Kitchener staff support both the proposed Official Plan Amendment and Zone Change applications. Staff are of the opinion that the proposed range of uses is desirable for the future development of the subject lands and that the proposed regulations will create a form that ensure it develops appropriately within the context of the surrounding neighbourhood. The requested Official Plan Amendment and Zoning Bylaw Amendment are consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Planning staff recommend that Official Plan Amendment application OP13/04/E/KA be adopted and Zoning By-law Amendment application ZC13/15/E/KA be approved.

    REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Attachments:

    Appendix A Proposed Official Plan Amendment & Schedules Appendix B Proposed Official Plan Amendment to adopted Official Plan & Schedules Appendix C Proposed Zoning By-law & Map 1 Appendix D Newspaper Advertisement Appendix E Urban Design Guidelines Appendix F Department/Agency Comments Appendix G Community Input

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  • Appendix A

    AMENDMENT NO. XX TO THE OFFICIAL PLAN

    OF THE CITY OF KITCHENER

    CITY OF KITCHNER

    83 ELMSDALE DRIVE

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  • Appendix A

    AMENDMENT NO. XX TO THE OFFICIAL PLAN

    OF THE CITY OF KITCHENER

    CITY OF KITCHENER

    83 ELMSDALE DRIVE

    INDEX

    SECTION 1 TITLE AND COMPONENTS

    SECTION 2 PURPOSE OF THE AMENDMENT

    SECTION 3 BASIS OF THE AMENDMENT

    SECTION 4 THE AMENDMENT

    APPENDICES

    APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives

    Committee of June 23, 2014

    APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives

    Committee June 23, 2014

    APPENDIX 3 Minutes of the Meeting of City Council June 30, 2014

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  • 3

    AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER

    SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener.

    This amendment is comprised of Sections 1 to 4 inclusive.

    SECTION 2 PURPOSE OF THE AMENDMENT This Official Plan Amendment proposes the following amendments to provide for a new mixed use

    development:

    Map 5 (Land Use) by redesignating lands from Municipal Services and Public Utilities District to Neighbourhood Mixed Use Centre;

    Map 8 (Special Policy Areas) to add Special Policy Area #54; and

    Section 12 to add Special Policy Area #54.

    SECTION 3 BASIS OF THE AMENDMENT

    The subject lands were formerly home to the Elmsdale Utilities Operations Centre and is a brownfield

    site. With the relocation of the utility operations centre to the Kitchener Operations Facility, these lands

    have been deemed surplus to the Citys needs and have been listed for sale. The current land use designation on the subject lands is Municipal Services and Public Utilities District, which permits large

    municipal service and utility facilities. NovaCore Communities Corporation is currently under contract

    with the City of Kitchener to purchase the lands. They intend to redevelop the lands with a mixed use

    development consisting of multiple residential buildings, a residential care facility and a variety of

    commercial uses including retail, restaurants, offices, personal services and health offices. Staff are

    supportive of the proposed mixed use development.

    Staff are of the opinion that the proposed land use designation of Neighbourhood Mixed Use Centre is

    appropriate for the proposed development. A Neighbourhood Mixed Use Centre is intended to serve as a

    neighbourhood focal point and provide a location for the mixing of appropriately scaled multiple

    residential, commercial and institutional uses. These uses are intended to meet the day to day needs of the

    surrounding residential area and permit a range of commercial and residential uses, consistent with the

    concept being proposed by NovaCore.

    Neighbourhood Mixed Use Centers are also well served by Public Transit and have strong pedestrian

    connections to the surrounding residential community. This property is currently served by a Transit

    Route, and it is expected that Ottawa Street will become a future east/west I-Xpress Route. The

    development will also be well connected to the surrounding neighbourhood with connections to Elmsdale

    Park, McLennan Park, as well as via local sidewalks.

    In addition to changing the designation, the applicant is seeking a new Special Policy for the subject

    lands. This policy reiterates the design vision for the subject lands, and references the implementation of

    Urban Design Guidelines though future Site Plan processes. In support of the application, the applicant

    has prepared Urban Design Guidelines. Staff are supportive on the Urban Design Guidelines and

    recommend that they be adopted by Council for implementation through the development process.

    The special policy also seeks to refine the Neighbourhood Mixed Use Centre designation as follows:

    To permit a combined total of 10,000 m2 for all non-residential gross floor area. Currently non-residential gross floor area is limited to 7,000 m

    2 which is not sufficient to achieve the density

    and range of non-commercial uses desired for a site of this size.

    To limit the total combined gross floor area (GFA) devoted to retail to 7,000 m2 and total combined GFA devoted to office to 5,000m

    2. These limitations will help to ensure that in order

    to achieve the desired density, a range and mix of non-residential uses are included.

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    To permit one large retail unit to have a maximum GFA of 6,500 m2, while limiting all others to 3,500 m

    2. Concepts for the development of this site, contemplate the inclusion of one large retail

    anchor tenant. Not all concepts include this, however staff are of the opinion that given the

    location and development of surrounding lands, allowing one large format retail space is

    appropriate. All other retail outlets shall be limited in size. Further, as the policy provides a cap

    on retail at 7,000m2, should one retail user develop a single large unit, all other retail units must

    be smaller in scale.

    The policy permits multiple residential dwellings at a medium intensity of use. In keeping with Medium Rise Residential policies the number of units shall range between 26 and 200 units per

    hectare. This range is intended to be calculated over the entirety of the lands to which the

    designation applies and not only the lands which actually may be developed with residential uses.

    The maximum Floor Space Ratio shall be 1.0. However, if the owner is able to demonstrate that there is sufficient infrastructure, the floor space ratio may be increased to a maximum of 2.0.

    This provision provides for development at a medium intensity of use on the site overall.

    However, it also provides for some flexibility in the instance that the detailed design proposes a

    density slightly greater than initially proposed. This policy also allows for some flexibility to

    permit lands to be severed from the overall holdings for development. For example, the applicant

    has suggested that they may wish to sever lands to be developed with multiple residential uses.

    Should these lands be developed independently from the overall site they will very likely be

    developed at a density greater than 1.0 FSR. Staff are of the opinion that this site is well suited

    for medium density development as it is served by public transit, is in close proximity to retail,

    services and restaurants and has great access to parks. Medium rise uses will also be compatible

    with nearby residential uses.

    To permit a maximum height of 8 stories. The proposed designation of Neighbourhood Mixed Use Centre does not include a maximum number of stories or maximum building height. Staff are

    of the opinion that it is appropriate to add a maximum height, given that multiple dwelling would

    be permitted. As discussed previously, staff are of the opinion that it is appropriate to permit an

    overall medium density and height on the subject lands. The proposed maximum height is

    consistent with medium-rise residential designation and staff are of the opinion that the proposed

    height is appropriate for the development of this site. The development concept included with the

    Urban Design Guidelines includes two concept site plans which illustrate multiple residential

    buildings with 7 and 8 stories. A Shadow Impact Analysis submitted in support of the application

    shows that there are no expected shadow impacts to nearby residential dwellings. Most shadow

    impacts occur during the winter months with the greatest impact on Elmsdale Park and the Grand

    River Transit Operations Centre. The Design Guidelines also provide guidance to the design of

    multiple residential building to ensure that taller buildings will contribute positively to the site

    and streetscape.

    SECTION 4 THE AMENDMENT 1. The City of Kitchener Official Plan is hereby amended as follows:

    a) Part 3, Section 12 is amended to add Special Policy #54 as follows: 54. The vision for this site is to revitalize an underutilized brownfield

    property to become a new mixed use focal point in the community. The

    vision contemplates mid-rise residential development on the site, as well

    as a variety of office, retail, convenience and service oriented uses that

    serve the day-to-day needs of the surrounding neighbourhood.

    Through Site Plan Control, the City will implement architectural and

    urban design measures to ensure the development complements and

    contributes to the existing building environment. The City will review

    5 - 15

  • 5

    and approve the site development based on the Council adopted Urban Design Guidelines dated March 31, 2014 and any other relevant design studies and guidelines.

    Notwithstanding the Neighbourhood Mixed Use Centre designation, on

    lands municipally known as 83 Elmsdale Drive, as shown on the attached

    Schedule A: i) The combined total of all non-residential gross floor area shall not

    exceed 10,000 square metres and will not exceed 7,000 square

    metres of combined gross floor area devoted to retail uses or 5,000

    square metres of combined gross floor area developed to office uses.

    ii) One individual freestanding retail outlet will be permitted to have a maximum gross floor area of 6,500 metres squared. All other

    individual freestanding retail outlets will be restricted to a maximum

    gross floor area of 3,500 metres squared.

    ii) Multiple residential uses are permitted to a medium intensity of use.

    The net residential density shall range from 26 to 200 units per

    hectare.

    iii) The minimum Floor Space Ratio for a site developed exclusively

    with residential uses, or with a mix of commercial and residential

    uses shall be 0.6, and the minimum Floor Space Ratio for any site

    developed exclusively with commercial uses shall be 0.3. Individual

    buildings may be permitted with a Floor Space Ratio lower than the

    minimum Floor Space Ratio during initial phases of development,

    without amendment to this plan, provided the development is

    consistent with the Council approved Urban Design Guidelines and a

    Comprehensive Master Plan is prepared in support of the Site Plan

    Application which demonstrates that the overall development will

    achieve the minimum Floor Space Ratio for the lands subject to this

    policy;

    iv) The maximum Floor Space Ratio shall be 1.0. Where it has been

    demonstrated to the satisfaction of the Citys Director of Engineering Services that storm water and sanitary sewers have sufficient

    capacity, and to the satisfaction of the Citys Director of Transportation Services and Region of Waterloo that surrounding

    streets and intersections have sufficient capacity, a maximum Floor

    Space Ratio of 2.0 shall be permitted; and

    iv) No residential building shall exceed eight stories or 24.0 metres in

    height.

    b) Map No. 5 is amended to change the designation on the subject lands from Municipal Services and Public Utilities District to Neighbourhood Mixed Use Centre as shown on

    the attached Schedule A.

    c) Map No. 8 is amended to add Special Policy Area 54, as shown on the attach Schedule B.

    5 - 16

  • Appendix A

    APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee

    of June 23, 2014

    PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS

    A PROPOSED OFFICIAL PLAN AMENDMENT AND AMENDMENTS TO THE KITCHENER ZONING BY-LAW UNDER THE SECTIONS 17, 22 AND 34 OF THE PLANNING ACT

    83 Elmsdale Drive

    The City of Kitchener has received applications for an Official Plan Amendment and Zone Change for 83 Elmsdale Drive. The purpose of these applications is to allow the property to be redeveloped with uses including multiple residential dwellings, a residential care facility, retail, office and personal services The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on:

    MONDAY, June 23 at 7:00 P.M. COUNCIL CHAMBERS, 2

    nd FLOOR, CITY HALL

    200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted proposal. If a person or public body does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the appropriate committee), or in person at the Planning Division, 6

    th Floor, City Hall, 200 King Street West, Kitchener

    between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Katie Anderl, Senior Planner - 519-741-2200 ext. 7987 (TTY: 1-866-969-9994), [email protected]

    5 - 17

  • Appendix A

    APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives

    Committee June 23, 2014

    5 - 18

  • Appendix A

    APPENDIX 3 Minutes of the Meeting of City Council June 30, 2014

    5 - 19

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    5 - 20

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    5 - 21

  • Appendix B

    AMENDMENT TO THE (FINAL NEW) OFFICIAL PLAN

    OF THE CITY OF KITCHENER

    CITY OF KITCHENER

    83 ELMSDALE DRIVE

    5 - 22

  • Appendix B

    AMENDMENT TO THE (FINAL NEW) OFFICIAL PLAN

    OF THE CITY OF KITCHENER

    CITY OF KITCHENER

    83 ELMSDALE DRIVE

    INDEX

    SECTION 1 TITLE AND COMPONENTS

    SECTION 2 PURPOSE OF THE AMENDMENT

    SECTION 3 BASIS OF THE AMENDMENT

    SECTION 4 THE AMENDMENT

    5 - 23

  • 3

    AMENDMENT TO THE (FINAL NEW) OFFICIAL PLAN OF THE CITY OF KITCHENER

    SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as an Amendment to the (FINAL NEW) Official Plan of the City of

    Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.

    SECTION 2 PURPOSE OF THE AMENDMENT This amendment to the Final New Official Plan proposes to amend:

    Map 2 (Urban Structure) by identifying the lands as Neighbourhood Node,

    Map 3 (Land Use) by redesignating lands from Major Infrastructure and Utilities to Mixed Use;

    Map 5 (Specific Policy Areas) to add a new Specific Policy Area (to be numbered accordingly);

    Section 15.D.12 to add a new Specific Policy Area (to be numbered accordingly) in order to permit a mixed use development on the subject lands.

    SECTION 3 BASIS OF THE AMENDMENT The adopted land use designation on the subject lands is Major Infrastructure and Utilities which permits

    large municipal service and utility facilities. With the relocation of the utility operations centre to the

    Kitchener Operations Facility, these lands have been deemed surplus to the Citys needs and have been listed for sale. NovaCore Communities Corporation is currently under contract with the City of Kitchener

    to purchase the lands. They intend to redevelop the lands with a mixed use development consisting of

    multiple residential buildings, a residential care facility and a variety of commercial uses including retail,

    restaurants, offices, personal services and health offices. Staff are supportive of the proposed mixed use

    development.

    NovaCore is proposing to identify the lands in the Final New Official Plan as Neighbourhood Node and

    to redesignate them Mixed Use. Neighbourhood Nodes are intended to service the day to day commercial

    needs of surrounding residential areas. Lands designated Mixed Use are intended to be flexible and

    responsive to changing land use patterns and needs and as such permit a range of commercial, retail,

    office and residential uses. This designation is consistent with the concept being proposed by NovaCore

    and staff are of the opinion that the proposed land use designation and structure element are appropriate

    for the proposed development

    Lands designated Mixed Use are intended to be transit supportive and pedestrian friendly. This property

    is currently served by a Transit Route, and it is expected that Ottawa Street will become a future east/west

    I-Xpress Route. The development will also be well connected to the surrounding neighbourhood with

    connections to Elmsdale Park, McLennan Park, as well as via local sidewalks.

    Mixed Use lands are also intended to achieve a high level of Urban Design, be compatible with

    surrounding areas. A new Site Specific Policy Area is proposed and reiterates the design vision for the

    subject lands and references the implementation of Urban Design Guidelines though future Site

    Development processes. Staff are supportive on the Urban Design Guidelines and recommend that they

    be adopted by Council for implementation through the development process.

    The Site Specific Policy Area also seeks to refine the designation as follows:

    To permit a combined total of 10,000 m2 for all non-residential gross floor area (GFA). The Mixed Use (Neighbourhood Node) designation limits non-residential gross floor area to 7,500 m

    2

    which is not sufficient to achieve the density and range of non-commercial uses desired for a site

    of this size.

    To permit one large retail unit to have a maximum GFA of 6,500 m2, while limiting all others to 3,500 m

    2. Concepts for the development of this site, contemplate the inclusion of one large retail

    5 - 24

  • 4

    anchor tenant. The Mixed Use (Neighbourhood Node) designation identifies a maximum GFA of

    3,500m2 for all individual free-standing retail outlets. One development concept being

    considered by the applicant include a large format retail outlet, however, this is not included in all

    concepts . Staff are of the opinion that given the location and development of surrounding lands,

    allowing one large format retail space is appropriate. All other retail outlets shall be limited in

    size due to the overall maximum GFA devoted to retail (as discussed below).

    To limit the total combined GFA devoted to retail to 7,000 m2 and total combined GFA devoted to office to 5,000m

    2. The Mixed Use (Neighbourhood Node) designation limits GFA for retail

    and office to 5,000 m2 each. As staff are of the opinion that it is appropriate to allow one large

    format retail outlet up to 6,500m2, staff are recommending that the overall GFA for retail be

    increased. Therefore, should one retail user develop a single large unit, additional small retail

    units will also be permitted.

    The minimum Floor Space Ratio (FSR) shall be 0.6 and the maximum FSR shall be 1.0. However, if the owner is able to demonstrate that there is sufficient infrastructure, the FSR may

    be increased to a maximum of 2.0. In addition, for a site developed exclusively with residential

    uses, or with a mix of commercial and residential uses shall be 0.6, and the minimum FSR for any

    site developed exclusively with commercial uses shall be 0.3. Individual buildings may be

    permitted with a Floor Space Ratio lower than the minimum Floor Space Ratio during initial

    phases of development, provided the development is consistent with the Council approved Urban

    Design Guidelines which demonstrates that the overall development will achieve the minimum

    Floor Space Ratio for the lands subject to this policy.

    The proposed special policy provides for development at a medium intensity of use on the site

    overall. However, it also allows for flexibility. For example, the applicant has suggested that

    they may wish to sever lands to be developed with multiple residential uses. Should residential

    lands be developed independently from the overall site they will very likely be developed at a

    density greater than 1.0 FSR. Staff are of the opinion that this site is well suited for medium

    density development as it is served by public transit, is in close proximity to retail, services and

    restaurants and has great access to parks. Medium rise uses will also be compatible with nearby

    residential uses. However, if the commercial lands were developed separately, they would likely

    not be able to achieve an FSR of 0.6. The policy also allows for phasing of the development, as it

    is unlikely that a first phase of development will be able to achieve the expected densities.

    To permit a maximum height of 8 stories or 24 metres. The proposed Mixed Use (Neighbourhood Node) designation permits a maximum height of 4 stories or 14 metres. Staff are

    of the opinion that as the site is located on a Major Arterial (Ottawa Street South) and is generally

    bordered by non-sensitive commercial, public services and park uses, permitting a medium rise

    height is appropriate. The development concept included with the Urban Design Guidelines

    includes two concept site plans which illustrate multiple residential buildings with 7 and 8 stories.

    A Shadow Impact Analysis submitted in support of the application shows that there are no

    expected shadow impacts on nearby residential dwellings. Most shadow impacts occur during the

    winter months with the greatest impact on Elmsdale Park and the Grand River Transit Operations

    Centre. The Design Guidelines also provide guidance to the design of multiple residential

    building to ensure that taller buildings will contribute positively to the site and streetscape.

    Further, zoning regulations require that portions of buidlings higher than 3 stories are stepped

    back from the street line, helping to transition and locate height more centrally to the site.

    SECTION 4 THE AMENDMENT 1. The City of Kitchener (NEW FINAL) Official Plan is hereby amended as follows:

    5 - 25

  • 5

    a) Part D, Section 15 is amended to add a new Site Specific Policy Area (to be numbered accordingly) as follows:

    XX. The vision for this site is to revitalize an underutilized brownfield property to become a new mixed use focal point in the community. The

    vision contemplates mid-rise residential development on the site, as well

    as a variety of office, retail, convenience and service oriented uses that

    serve the day-to-day needs of the surrounding neighbourhood.

    Through Site Plan Control, the City will implement architectural and

    urban design measures to ensure the development complements and

    contributes to the existing building environment. The City will review

    and approve the site development based on the Council adopted Urban Design Guidelines dated March 31, 2014 and any other relevant design studies and guidelines.

    Notwithstanding the policies of section 15.4.D, the lands designated as

    Mixed Use and identified as a Neighbourhood Node on lands

    municipally known as 83 Elmsdale Drive, as shown on the attached

    Schedule A: i) The combined total of all non-residential gross floor area will not

    exceed 10,000 square metres and will not exceed 7,000 square

    metres of combined gross floor area devoted to retail uses or 5,000

    square metres of combined gross floor area devoted to office uses.

    ii) One individual freestanding retail outlet will be permitted to have a

    maximum gross floor area of 6,500 metres squared. All other

    individual freestanding retail outlets will be restricted to a maximum

    gross floor area of 3,500 metres squared.

    iii) The minimum Floor Space Ratio for a site developed exclusively

    with residential uses, or with a mix of commercial and residential

    uses shall be 0.6, and the minimum Floor Space Ratio for any site

    developed exclusively with commercial uses shall be 0.3. Individual

    buildings may be permitted with a Floor Space Ratio lower than the

    minimum Floor Space Ratio during initial phases of development,

    without amendment to this plan, provided the development is

    consistent with the Council approved Urban Design Guidelines and a

    Comprehensive Master Plan is prepared in support of the Site Plan

    Application which demonstrates that the overall development will

    achieve the minimum Floor Space Ratio for the lands subject to this

    policy;

    iv) The maximum Floor Space Ratio shall be 1.0. Where it has been

    demonstrated to the satisfaction of the Citys Director of Engineering Services that the necessary infrastructure for storm/sanitary have

    sufficient capacity, and to the satisfaction of the Citys Director of Transportation Services and Region of Waterloo that surrounding

    streets and intersections have sufficient capacity, a maximum Floor

    Space Ratio of 2.0 shall be permitted;

    v) No building shall exceed 8 stories or 24 metres in height, whichever

    is greater at the highest grade elevation.

    b) Map No. 2 is amended to change the structure identification on the subject lands from Community Area to Neighbourhood Node, as shown on the attached Schedule I.

    5 - 26

  • 6

    c) Map No. 3 is amended to change the designation on the subject lands from Major Infrastructure and Utilities to Mixed Use, as shown on the attached Schedule II

    d) Map No. 5 is amended to add a new Specific Policy Area (to be numbered accordingly), as shown on the attached Schedule III

    5 - 27

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