PLANNING JUSTIFICATION REPORT
450 – 460 WEBER STREET NORTH, CITY OF WATERLOO
PREPARED FOR:
2439672 ONTARIO INC.
PREPARED BY:
LABRECHE PATTERSON & ASSOCIATES INC.
SCOTT PATTERSON, BA, CPT, MCIP, RPP PRINCIPAL, SENIOR PLANNER
ALICIA MONTEITH, BES PLANNER
330 – F TRILLIUM DRIVE KITCHENER, ONTARIO N2E 3J2
PHONE: 519-896-5955 FAX: 519-896-5355
DATE: APRIL 7, 2017 PROJECT NO.: P-732-14 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
TABLE OF CONTENTS
1. INTRODUCTION 1
2. AREA DESCRIPTION 1
3. PROPOSED DEVELOPMENT 7
4. PROVINCIAL POLICY STATEMENT (2014) 9
5. PLACES TO GROW–GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE (2006) 11
6. CITY OF WATERLOO OFFICIAL PLAN (2012) 12
7. CITY OF WATERLOO ZONING BY-LAW 1418 17
8. CITY OF WATERLOO COMPREHENSIVE REVIEW OF THE ZONING BY-LAW 19
9. PROPOSED AMENDMENT 21
10. SUPPORTING MATERIALS 23
11. CONCLUSION 25
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P- 732-14 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
1. INTRODUCTION
Labreche Patterson & Associates Inc. has been retained by 2439672 Ontario Inc. to provide this Justification Report in support of the proposed development of the lands municipally known as 450 Weber Street North and 460 Weber Street North, in the City of Waterloo. As part of a comprehensive Master Plan development of the subject properties and an abutting property at 435 King Street North, the landowners are proposing to construct a mixed-use development consisting of multiple buildings and residential, commercial and employment uses. At this time, the landowners wish to seek additional permitted uses above and beyond those currently permitted in the “I-6” zone as found in Zoning By-law No. 1418 for the 450 & 460 Weber Street North parcel. The uses align with the direction the City is considering through the Comprehensive Review of the Zoning By-law project currently underway by the City and are supported by the City’s Official Plan.
The proposed development of these properties has undergone numerous discussions with City and Regional staff and as such, it was deemed by the City of Waterloo that a Pre-Submission Consultation Meeting for the proposed Zoning By-law Amendment would not be required. A Site Plan Pre-Submission Consultation meeting was held on June 15, 2016 for the development of a mixed-use building on the 460 Weber Street North lands and the Site Plan was granted conditional approval on September 26, 2016. The lands at 450 Weber Street North have not proceeded to a Site Plan Approval application as of yet; however, a concept plan has been created and viewed by staff.
The City of Waterloo issued a formal letter outlining the necessary submission requirements in support of the Zoning By-law Amendment application on August 8, 2016. This report and the accompanying materials are respectfully submitted in accordance with the content of the August 8, 2016 letter from the City.
2. AREA DESCRIPTION
Subject Lands
The subject lands are located on the east side of Weber Street North, north of the intersection between Weber Street North and King Street North (Figure 1). The lands have a combined frontage along Weber Street North of 293.5 metres and the total site area after road widening is 46,081.7 square metres. The site is currently vacant and the lands are being used for agricultural purposes. The lands are generally flat with vegetation growth on the periphery of
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 1 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION the property and along the former lot line between 450 Weber Street North and 460 Weber Street North.
As noted above, the subject properties are part of a larger Master Plan project for the development of 460 Weber Street North, 450 Weber Street North and 435 King Street North (Figure 2). The lands are proposed to be comprehensively developed and the intent of this Zoning By-law Amendment application is to expand the permitted uses on the subject property to benefit the proposed mixed-use building on 460 Weber Street North and any future mixed- use building(s) on 450 Weber Street North. See Figures 1 to 4.
Subject Lands
Figure 1: 2016 aerial photo of the subject properties (Region of Waterloo GIS)
450 & 460 Weber Street North 435 King Street North
Figure 2: 2016 aerial photo of the subject properties and abutting property forming the total lands subject to a comprehensive development Master Plan (Region of Waterloo GIS)
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 2 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Figure 3: Eastern view of 460 Weber Street North from the street near the north property line (Google, June 2016)
Figure 4: Eastern view of 450 Weber Street North from the street near the south property line (Google, June 2016)
Surrounding Area
Properties surrounding the subject lands consist of a variety of uses. To the north, uses consist of an office building and hotel. To the east, uses consist of a car dealership, a daycare, and an office building. To the south, uses consist of a hall/banquet facility, commercial/employment plaza and restaurant. To the west, uses consist primarily of low and medium density residential in the form of single detached dwellings, townhouses and low-rise apartment buildings.
As per the City of Waterloo Official Plan, surrounding land use designations include “Employment”, “Commercial”, “Low Density Residential”, “Mixed-Use Medium Density Residential”, and “Mixed-Use Medium High Density Residential”. Under the City of Waterloo Zoning By-law, surrounding zoning includes “Industrial Zone”, “Commercial Three”, “Single Residential One”, and “Multiple Residential”.
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The subject property is located within close proximity to the Conestoga Parkway, which can be accessed from Weber Street North via King Street North. The property is located approximately 1 kilometre south of Conestoga Mall and a future iON Light Rail Transit Station. The property is located approximately 2.5 kilometres north of Uptown Waterloo. See Figure 5 to 9.
Subject Lands
Figure 5: 2016 aerial photo of the subject property and surrounding uses (Region of Waterloo GIS)
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 4 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Figure 6: Townhouses located across the street from the proposed development at 60 Milford Avenue (Google, June 2016)
Figure 7: Low-rise apartments located across the street from the proposed development at 422-429 Weber Street North (Google, June 2016)
Figure 8: Office building located to the north of the proposed development at 473 Weber Street North (Google, June 2016)
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 5 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Figure 9: Hall/banquet facility located to the south of the proposed development at 440 Weber Street North (Google, June 2016)
Transit and Accessibility
The subject lands are in proximity to one of the City’s major corridors, King Street North, as well as Conestoga Mall, the Conestoga Expressway and Uptown Waterloo.
In addition, the site is in close proximity to three bus routes and nine transit stops (Figure 10):
Route 7: services the King Street corridor through Waterloo and Kitchener, and runs at a frequency of every 10-30 minutes depending on the time of day and the day of the week.
Route 9: services Conestoga Mall and both the University of Waterloo and Wilfrid Laurier University, traveling through the residential neighbourhoods to the west of King Street.
Route 201: travels from Conestoga Mall to the west side of south Kitchener at a frequency of every 30 minutes.
The site is also in proximity to the future iON LRT station at Conestoga Mall, however the subject lands are just outside of the station area boundary.
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 6 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Subject Lands
Figure 10: Transit routes and stops (blue dots) within close proximity to the subject property (Aerial Photo: City of Waterloo GIS)
3. PROPOSED DEVELOPMENT
The landowner, in collaboration with the project’s consultants, is proposing a development that is accessible, sustainable, and promotes a high standard of urban design in keeping with the City of Waterloo Urban Design Guidelines, Official Plan policies and Zoning By-law regulations. The landowners are proposing the following on the subject properties:
The construction of three mixed-use buildings ranging from one (1) storey to twelve (12) storeys and consisting of office and commercial type uses.
The construction of below ground, at grade, and above ground structured parking areas.
The construction of pedestrian walkways and addition of dynamic landscaping features.
Please refer to the plans and drawings accompanying this submission package for additional details. A Site Plan approval process is underway for 460 Weber Street North for a 6 storey office building. As part of this process, the consultant team has reviewed the entire property.
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 7 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Figure 11: Conceptual Master Plan for the development of the subject properties and abutting property (WalterFedy)
Figure 12: Conceptual rendering of the proposed building at 460 Weber Street North (WalterFedy) (Building elevations approved by City Staff) PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 8 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
4. PROVINCIAL POLICY STATEMENT (2014)
The 2014 Provincial Policy Statement (PPS), issued under the authority of Section 3 of the Planning Act, came into effect on April 30, 2014. All applications submitted after April 30, 2014 shall be consistent with this policy. This document promotes building healthy, livable and safe communities, providing an appropriate mix of different land use types within the community, efficiently using services and facilities, maximizing opportunities for public transit use, and promoting intensification. All Planning Applications, including Zoning By-law Amendment Applications, are required to be consistent with the policies contained within the PPS (2014).
Specifically, the following sections provide direction for development and support the proposed mixed-use development on site:
Section 1.1.1: “Healthy, livable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities and older persons by indentifying, preventing and removing land use barriers which would restrict their full participation in society; g) ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs.
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h) promoting development and land use patterns that conserve biodiversity, and consider the impacts of a changing climate.”
Section 1.1.2: “Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 20 years.”
Section 1.1.3.1: “Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted.”
Section 1.1.3.2: “Land use patterns within settlement areas shall be based on: a) densities and a mix of land uses which: 1. efficiently use land and resources; 2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; 3. minimize negative impacts to air quality and climate change, and promote energy efficiency; 4. support active transportation; 5. are transit-supportive, where transit is planned, exists or may be developed; and 6. are freight-supportive; and b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated.”
Section 1.1.3.3: “Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.”
Section 1.1.3.6: “New development taking place in designated growth areas should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities.”
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 10 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Section 1.3.1: “Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment and instutitional uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities; and d) ensuring necessary infrastructure is provided to support current and projected needs.”
Section 1.6.6.2: “Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible.”
Section 1.6.7.4: “A land use pattern, density and mix of uses should be promoted that minize the length and number of vehicle trips and support current and future use of transit and active transportation.”
We are of the opinion that the proposed development will facilitate the development of the subject lands with uses that are compatible with the surrounding community and will make efficient use of existing infrastructure. New roads are not required for the proposed development and the engineering work to-date has confirmed servicing availability/capacity to permit the proposed development and the additional uses proposed can be provided. Therefore, the proposed development is consistent with the 2014 Provincial Policy Statement.
5. PLACES TO GROW - GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE (2006)
The proposed development also complies with the Growth Plan for the Greater Golden Horseshoe (Growth Plan) which was originally issued in 2006 and last updated in June 2013, to manage growth for the Greater Golden Horseshoe area of Ontario. While there are similar policies in the Growth Plan to that of the PPS, the Growth Plan further endorses intensification
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 11 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION and redevelopment of a property for the creation of new units, sites or areas at a higher density than currently exists; residential densities to support frequent and accessible transit service; a pedestrian-friendly built environment along roads to encourage walking to transit; and reduced setbacks and placing parking at the sides/rear of buildings.
The proposal conforms to the Growth Plan for the following reasons:
- The site is located within the “Built-Up Area” of the Region of Waterloo Official Plan, and the “Intensification Corridor, in which increased densities are planned to support the viability of transit service levels.
- The development will contribute towards the establishment of a compact, vibrant and complete community.
- The development will support a strong and competitive economy.
- The development optimizes the use of existing and new infrastructure to support the growth in a compact, efficient form.
Both the PPS and the Growth Plan are implemented by inclusion of appropriate policies in the local (the Region and City of Waterloo) municipal Official Plans. We are of the opinion that the proposed Zoning By-law Amendment conforms to the Growth Plan as it allows for appropriate intensification of the subject property.
6. CITY OF WATERLOO OFFICIAL PLAN (2012)
The City of Waterloo Official Plan was approved by Council for the Regional Municipality of Waterloo on November 21, 2012 and partially came into effect on December 21, 2012, with the exception of policies that were appealed to the Ontario Municipal Board. The Official Plan policies, as they are applicable to the subject properties, are in full force and effect unless otherwise noted in the following section.
The subject properties are designated “Employment” in the City of Waterloo Official Plan (Figure 13). The intent of this designation is to provide a broad range of employment opportunities in a transit and pedestrian-supportive way. Permitted uses are to include a broad range of employment uses, complementary uses that are anticipated to directly support the primary employment use on the lands and adjacent lands, and ancillary uses within mixed-use
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 12 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION developments. Further, the intent is to foster growth opportunities within employment areas through the development of vacant lands, and intensification of existing employment parcels.
Subject Lands
Figure 13: City of Waterloo Official Plan Schedule ‘A’ – Land Use Plan
The northern portion of the subject lands is intended to be medium density with a maximum height of 27 metres and the southern portion of the lands is intended to be medium-high density with a maximum height of 40 metres (Figure 14). Within the “Employment” designation, the subject property is further classified as “Business Employment” (Figure 15). Within this classification, prestige office uses are the predominant use of land.
Subject Lands
Figure 14: City of Waterloo Official Plan Schedule ‘B1’ – Height and Density
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 13 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Subject Lands
Figure 15: City of Waterloo Official Plan Schedule ‘A2’ – Employment Areas
As noted, within the Business Employment designation, permitted uses are categorized as “primary” or “ancillary” and as per Section 10.3.2.2 of the Official Plan, the following uses are permitted on the subject properties:
Primary Uses Offices Data Centres Printing and Publishing Parking Facilities Training Facilities and Communication Production uses Light Assembly / Light Manufacturing operations relating to the production of high- value, high technology products Repair and Servicing operations related to the production of high-value, high technology products, to a maximum of 25% of the total floor area of any building Indoor Storage and Warehousing related to the production of high-value, high technology products, to a maximum of 25% of the total floor area of any building
Ancillary Uses Banks and Financial Services Catering Establishment Child Care Centres Commercial Recreation
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 14 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Commercial Schools Community uses, except Public Schools Medical Clinics Restaurants
The Zoning By-law Amendment does not permit any uses that are prohibited under Section 10.3.2.2.7 of the Official Plan, which include:
Assembly, fabricating, manufacturing, and processing industrial uses, excluding the uses permitted above; Warehouse, distribution, and wholesale uses, excluding the uses permitted above; Uses deemed to be hazardous; Salvage, scrap, wrecking, and private recycling plants; Chemical manufacturing, processing or refining; Storage, transportation or manufacturing of explosives or fireworks; Rendering plants or facilities; Residential uses; and Any other use as set out in the implementing Zoning By-law.
Ancillary uses are required to satisfy the following criteria, as noted in Section 10.3.2.2.6: (a) Ancillary uses shall be within a building containing primary permitted use(s) and shall not exceed fifteen percent of the total building floor area within said mixed-use building; (b) Any proposed ancillary use shall be permitted on the ground floor only, oriented toward street frontages, and designed to enhance the pedestrian environment; (c) No unit shall be larger than 1,393 square metres; and (d) Ancillary uses will not conflict or interfere with the satisfactory operation and development of the lands for employment purposes.
The proposed uses which are ancillary in nature satisfy the criteria in Section 10.3.2.2.7 and are appropriate to support the overall use of the property for office.
As per Section 10.3.2.2.9 of the Official Plan, “development on lands designated Business Employment shall have regard for the following policies:
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 15 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
(a) Development shall be primarily comprised of prestigious office, with ancillary uses serving the office uses;
(b) Development shall be comprised of visually attractive and interesting buildings and sites, complemented by high quality landscaping treatments. The Plan contemplates a higher urban design standard for lands designated Business Employment compared to other Employment designations;
(c) Development shall be oriented to surrounding major transportation corridors, with strong connections to adjacent public transit facilities; and
(d) Development shall incorporate environmentally-friendly and energy efficient site designs and buildings to the greatest extent possible.”
The proposed development satisfies the criteria of Section 10.3.2.2.9 as the development is located within close proximity to a major transportation corridor, comprised of office and ancillary uses, with a high standard of urban design that is environmentally-friendly and energy efficient.
Further, within the City Structure, the subject properties are located within a “Minor Corridor” (Figure 16). Corridors are major streets or transit routes that link Nodes and provide opportunities for intensification through the application of densities. Minor Corridors are connected to a series of Major Nodes, Minor Nodes and/or the Primary Node. Planned land use within Minor Corridors will be predominantly medium to medium high density residential with some limited areas having a planned function other than residential.
Intensification will be encouraged within Corridors while ensuring compatibility and integration with surrounding land uses. Intensification should contribute to an animated streetscape through the utilization of appropriate height, mixing of uses, massing, architectural design, character, setbacks, siting and landscaping, parking, public spaces and conservation of cultural heritage resources. Mixed-use development is encouraged within the Corridors, where appropriate.
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 16 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Subject Lands
Figure 16: City of Waterloo Official Plan Schedule ‘B’ – City Structure
The proposed uses satisfy the policies regarding permitted uses and ancillary uses within the Business Employment designation. Further, the development of a medium to medium-high mixed density development on the subject properties is encouraged by the designation of the Official Plan and the recognition that these properties are located within a Minor Corridor, within close proximity to a Major Corridor and a Major Node. The proposal is also an efficient use of municipal services and infrastructure. The proposed uses are compatible with the surrounding uses. As such, the proposed Zoning By-law Amendment to add additional uses to the subject properties conforms to the City of Waterloo Official Plan.
7. CITY OF WATERLOO ZONING BY-LAW 1418
The subject properties are zoned “Industrial Zone (I-6)” in the City of Waterloo Zoning By-law 1418 (Figure 17). Permitted uses within the I-6 zone include:
Automobile Service Station Manufacturing, Processing or Animal Hospital or Veterinarian Assembly Brewing on Premise Establishment Office Supplies or Office Service Offices Establishment Commercial Recreation (Outdoor) Printing and/or Publishing Commercial Recreation Parking Facility Commercial Recreation (Freestanding) Service and Repair Operations Communications Facilities Transportation Service
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Custom Service Shops Union or Workers Halls Dog Obedience School Vehicle and Equipment (Auto, Trucks, Dry Cleaning and Laundry Plants Marine and All-Terrain) Sales, Rental, Industrial or Construction Equipment Service and Repair Suppliers Warehousing and Storage (No Retail) Laboratories Wholesale Outlet (No Retail) Lumber and Building Materials
Subject Lands
Figure 17: City of Waterloo Zoning By-law Map.
Within the “I-6” zone, the following uses are prohibited:
Abbatoir Waterproofing Manufacturing Ammonia, Bleaching Powder or Textile Dying Plants Chlorine Manufacturing Linoleum or Oil Cloth Manufacturing Asphalt, Manufacturing or Refining Metal or Ore Reduction or Smelting Blood Boiling, Bone Boiling, Tripe Oil, Shellac or Turpentine Boiling, Tallow Melting or Soap Boiling Manufacturing or Refining Cement, Gypsum, Lime or Plaster of Petroleum, or Coal Oil Refining Paris Manufacturing Salvage, Scrap, Junk or Wrecking Coal Yards Yards, Dump or Car Pounds Distillation of Bones, Coal or Wood Stockyards or the Slaughter of Dehydrating Plants Animals, Fish or Fowl Extraction of Oil from Fish Storage, Transportation or
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Fats Refining or Rendering Manufacturing of Explosives or Fertilizer Manufacturing Fireworks Gelatin, Glue or Size Manufacturing Storage of Tanning of Hides or Skins Gravel Crushing or a Road-Mix Tar Distillation, Roofing or Concrete Plant Incineration or Reduction of Dead Animals, Garbage or Offal
Additionally, up to 25% of the building floor area occupied by any one of the permitted uses may be permitted to be used for display and retail purposes. More than one main building and accessory building or accessory buildings are permitted on the subject lands.
With respect to the Industrial Zone on the subject properties and the proposed development of multi-tenant building(s), the subject proposal satisfies the Zoning By-law definition of “Industrial Mall”, being a “building or group of buildings, designed, developed, owned and managed as a unit in which each building contains two (2) or more separated spaces for lease or occupancy.” Therefore, under the provisions of the “I-6” zone, the buildings are not single occupancy and are considered “Industrial Mall”, which are subject to the off-street parking rate of 2.5 parking spaces for every 100 square metres of building floor area, regardless of the uses proposed.
A Minor Variance application was submitted by the previous landowner (E-land Properties (King) Inc.) in support of a proposal to construct an office building on 450 Weber Street North. The variance was approved on November 16, 2010 to permit an increased building height to a maximum of 27 metres (previously only 18 metres were permitted) and a maximum of 6 storeys. Although the building is limited to 6 storeys, the height of each individual storey may be increased to a total height of 27 metres. Additionally, a maximum of 30% of the building floor area of the proposed office building may be occupied by ancillary “assembly/processing (industrial)” uses. Based on our review, we believe this variance allowance to the applicable to the lands.
8. CITY OF WATERLOO COMPREHENSIVE REVIEW OF THE ZONING BY-LAW
In 2012, the City of Waterloo adopted a new Official Plan. As such, the City is currently undertaking a comprehensive review of the Zoning By-law to implement the new Official Plan and to update its zoning regulations to reflect current planning standards and best practices. In January 2016, the City released the first draft of the Zoning By-law to Council and the public for
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 19 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION feedback. The following is a summary of the proposed zoning and regulations as they appear in the first draft of the Zoning By-law. They are included in this report to provide an overview of the direction the City is likely to pursue regarding the intended uses on the subject properties; however, through future drafts and Council approval, the permitted uses and regulations as noted below may change.
As per the draft Zoning By-law Map dated June 9, 2016, 450 Weber Street North is proposed to be zoned “Business Employment One (I1-40)” and 460 Weber Street North is proposed to be zoned “Business Employment One (I1-27)” (Figure 18). Similar to the new Official Plan, the uses permitted in the proposed Zoning By-law are categorized as “primary”, “complementary” and “ancillary”. The uses proposed to be permitted on the subject properties are as follows:
Primary Uses Advanced Tech Business Incubator Communication Production Data Centre Government Use ‘Light’ Industrial Assembly related to Advanced Tech ‘Light’ Industrial Manufacturing related to Advanced Tech ‘Light’ Industrial Processing related to Advanced Tech Major Office Medical Clinic Municipal Parking Facility Office Printing Establishment
Complementary Uses Artist Studio (Class A) Makerspace (Class A) Repair and Servicing Operations related to Advanced Tech Warehouse related to Advanced Tech (no retail) Veterinary Clinic
Ancillary Uses
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Catering Establishment Child Care Centre Coffee/Beverage Retailer Commercial Recreation Commercial School Financial Service Municipal Recreation Facility Restaurant Take-Out Restaurant
Subject Lands
Figure 18: City of Waterloo Draft Zoning By-law Map dated June 9, 2016.
Additionally, Complementary Uses as listed above are not to collectively exceed 25% of the building floor area on a lot. Ancillary uses as listed above are not to collectively exceed 15% of the building floor area on the lot and the maximum building floor area of each ancillary use is not to exceed 1,393 square metres. Ancillary uses are to be located on the first storey of a building containing one or more permitted uses and are to abut the front building façade. The proposed zoning also permits more than one main building on a lot.
9. PROPOSED AMENDMENT
The proposed Zoning By-law Amendment seeks to add uses currently considered for the properties through the Official Plan and the Comprehensive Review of the Zoning By-law project to the existing zoning on the subject properties of “Industrial Zone (I-6)”. The intent is to add uses that are currently considered but not yet in force and effect to ensure that the proposed development can continue to move forward in a manner that aligns with the Official Plan as well
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 21 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION as the proposed Zoning By-law without being delayed by the approval and potential appeal of the new Zoning By-law. As such, the Zoning By-law Amendment proposes the following additional permitted uses for the subject properties’ current “Industrial Zone (I-6)” zoning:
Banks and Financial Services Catering Establishment Child Care Centres Commercial Recreation Commercial Schools Community uses, except Public Schools Medical Clinics Restaurants
It is proposed that the regulations restricting the size of Complementary and Ancillary uses found in the Official Plan remain applicable to the proposed uses noted above. The development proposes approximately 8,464 square metres of commercial space and approximately 71,750 square metres of office space; therefore, the proposed complementary and ancillary uses on the 450/460 Weber Street North parcel are approximately 12% of the building floor area and would satisfy the maximum Complementary and Ancillary use regulations proposed through the Comprehensive Review of the Zoning By-law, and as noted by the Official Plan.
Further, the type of development proposed meets the definition of “Industrial Mall” under the current Zoning By-law No. 1418 and is therefore subject to a parking requirement of 2.5 parking spaces for every 100 square metres of building floor area of each use, regardless of the uses.
The proposed uses will not result in an increase in the building floor area and will essentially have no impact on the parking, as the only uses that require a separate parking rate in addition to the Industrial Mall rate are vehicle equipment sales, service and repairs, and commercial recreation; neither of which are currently being proposed to be located on the property. The proposed Zoning By-law Amendment will include the use of commercial recreation and should a commercial recreation use be constructed on the property, the necessary parking will need to be provided at the rate of 4.5 spaces per 100 square metres of building floor area, under Zoning By-law No. 1418.
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 22 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
With respect to the proposed Zoning By-law requirement for a permitted ancillary use to abut the front façade of a building, we respectfully request that consideration be given to the size, scale and nature of the employment campus that is being proposed. It is intended that the front façade of the buildings on the ground floor consist of complementary and ancillary uses; however, it is also intended that complementary and ancillary uses be located throughout the proposed development and as such, we wish to draw this to staff’s attention. Through this amendment, we would ask that it not be required that ancillary uses abut a front façade. The proposal will incorporate complementary and ancillary uses throughout the development, with the potential for access from the exterior of buildings and access from a common corridor on the ground floor. As such, flexibility in the location and orientation relative to the ground floor of the proposed buildings is sought.
The proposed uses meet the intent of the Official Plan for the lands to develop for “Business Employment” uses supported by commercial complementary and ancillary uses. Due to the nature of the proposed development as a large-scale, Master Plan, mixed-use development, the proposal to incorporate the uses noted above will result in the development of a “complete community”. Further, as the Official Plan supports the proposed Zoning of the subject properties, the implementation of these uses at this time is appropriate and necessary for the efficient and timely development of the subject properties.
10. SUPPORTING MATERIALS
Environmental Noise Impact Study
An Environmental Noise Impact Study was prepared by GHD Limited (GHD) in support of the proposed Zoning By-law amendment, particularly in support of the approval for a proposed Child Care Centre use at 460 Weber Street North (Figure 19 and Figure 20). GHD evaluated the overall acoustic comfort and the minimum acoustic design requirements to ensure that the day care meets the Ontario Ministry of the Environment and Climate Change (MOECC) and Region of Waterloo requirements. The Study determined that the stationary noise impact from the adjacent commercial developments meets the required standard at the site but that the potential environmental impact exposure from road traffic noise from Weber Street North is significant. The proposed Child Care Centre will require a provision for central air-conditioning and a Type C noise warning clause that is specific to the development concept to meet the applicable noise criteria.
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 23 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
For further details, please refer to the Environmental Noise Impact Study submitted as part of the Zoning By-law Amendment application package.
Figure 19: 1st Floor plan with the interior element of the Day Care Centre identified in blue and the exterior element of the use identified in yellow (Walterfedy)
Day Care Centre
Figure 20: Snapshot of Site Plan for the west side of 460 Weber Street North (Walterfedy)
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 24 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
Record of Site Condition
A Record of Site Condition (RSC) was completed for the property and filed for commercial property uses in 2005. Since the requested Zoning By-law Amendment will permit a sensitive use (i.e., child care centre) based on Ontario Ministry of the Environment and Climate Change (MOECC) Regulations and the Region of Waterloo’s Implementation Guidelines pertaining to known and potentially contaminated lands, a new RSC must be filed under the latest regulations for sensitive uses. This work is currently underway by GHD Limited
11. Conclusion
The proposed development is consistent with or does not conflict with both the Provincial Policy Statement as well as the Places to Grow – Growth Plan for the Greater Golden Horseshoe. The proposal also complies with the relevant policies of the Region of Waterloo Official Plan which designates the lands as being within the “Built-Up Area”. The current designation of the subject properties is “Employment” in the City of Waterloo Official Plan and the properties are currently zoned “Industrial Zone (I-6)” in the City of Waterloo Zoning By-law.
The City of Waterloo is currently undertaking the process of completing a comprehensive review of their Zoning By-law to bring the regulations of the By-law into conformity with the recently approved Official Plan. As such, the zoning on the subject lands are proposed to be changed from “Industrial Zone (I-6)” to “Industrial Zone (I-6)” with a special use regulation allowing for additional uses on 450 Weber and 460 Weber, respectively. The intent of the Zoning By-law Amendment application is to permit uses recognized in the Official Plan and currently being considered for the site through the comprehensive review process and thereby permit the proposed uses at this time, as opposed to waiting until the City’s new Zoning By-law is in full force and effect.
The proposed zoning for the subject properties complies with the designation in the Official Plan and the uses in the proposed zoning conform to the intent of the Official Plan designation on the subject property. The proposed uses are compatible with the surrounding land uses and are intended to be permitted on the subject properties through the Official Plan and recent drafts of the proposed Zoning By-law. The proposed uses are low impact and consistent with the intent of the area to be developed for employment and supporting uses.
PLANNING JUSTIFICATION REPORT Labreche Patterson & Associates Inc. OUR FILE: P-732-14 PAGE 25 450 – 460 WEBER STREET NORTH, WATERLOO ZONING BY-LAW AMENDMENT APPLICATION
It is our professional opinion that the requested Zoning By-law Amendment is appropriate for the redevelopment of these lands:
- This form of development is supported by all applicable Provincial Policy documents. - The proposal conforms to the Region of Waterloo Official Plan. - The proposal conforms to the City of Waterloo Official Plan. - The proposed additional uses will allow for the comprehensive, mixed-use development of the subject properties in a form that is intended in the Region of Waterloo Official Plan and City of Waterloo Official Plan. - Through the recent drafts of the comprehensive review of the Zoning By-law, the proposed uses are proposed for the subject property and the proposed Zoning By-law Amendment would move to permit these uses at this time as opposed to waiting until the Zoning By-law is in full force and effect. By permitting the proposed uses now, the proposed comprehensive development of the subject property can proceed in an efficient manner. - Site Plan Approval is in process for the proposed development of 460 Weber Street North. Site Plan Approval will be required for the development of 450 Weber Street North and through this process, site design related matters will be addressed.
Based on the above factors, it is our professional opinion that the requested Zoning By-law Amendment is appropriate for the development of these lands and represents good planning.
Scott Patterson, BA, CPT, MCIP, RPP Alicia Monteith, BES Principal, Senior Planner Planner Labreche Patterson & Associates Inc.
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