93-99 Benton St & 39 -43 St George St | 12 fl | Proposed

[bravado]

Another big L for the city from the OLT:

https://www.canlii.org/en/on/onlt/doc/20...97537.html

AND THE TRIBUNAL, having considered the uncontested affidavit evidence of Juliane von Westerholt on the nature and scope of the revisions to the original applications arrived at through discussions between the Parties that gave effect to the proposed settlement, including:
a.      A floor space ratio for all uses of 5.1 rather than 5.0;
b.      A maximum building height of 45 metres and 13 storeys, not including rooftop mechanicals;
c.      A minimum front yard setback (St. George Street) of 1.5 metres;
d.      A minimum side yard abutting a street (Benton Street) of 0 metres;
e.      A minimum rear yard setback of 7.5 metres for the portion of the building above 6 metres in building height and 1.5 metres for the portion of the building below 6 metres in building height;
f.        A minimum street line stepback for a tall building of 1.5 metres;
g.      A prohibition on geothermal energy systems; and
h.      The inclusion of a holding provision to require the completion of a noise study to the satisfaction of the Region of Waterloo;

AND THE TRIBUNAL, finds that it is satisfied that the proposed settlement and revised instruments giving effect thereto:
a.  have appropriate regard for matters of provincial interest under s. 2 of the Planning Act, in particular by optimizing the use of existing land and infrastructure within a settlement area;
b.  are consistent with the policies and directives in the Provincial Policy Statement 2020, and conform to and do not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, by supporting intensification in underutilized sites in built-up urban areas that are well served by municipal infrastructure and transit;
c.  are in conformity with the Regional Official Plan by supporting policies for re-urbanization of lands located within Major Transit Station Areas and planned to accommodate intensification;
d.  are in conformity with the City of Kitchener Official Plan and support public transit; provide additional housing options and contribute toward the development of complete communities;
e.  represent good planning and are in the public interest by implementing a high-quality transit-orientated development proposal that provides for additional housing units within a Major Transit Station Area.

NOW THEREFORE:

THE TRIBUNAL ORDERS that the appeals are allowed and the Tribunal approves:
1.  Official Plan Amendment No. 136, that amends the City of Kitchener Official Plan (1994), as set out in Attachment 1 to this Order; and
2.  the site-specific Zoning By-law Amendment, that amends the City of Kitchener Zoning By-law 85-1, as amended, as set out in Attachment 2 to this Order.