KITCHENER — On October 4, 2024, the Ontario Land Tribunal (OLT) approved the Official Plan Amendment and Zoning By-law Amendment applications for a high-rise development at 93-99 Benton Street and 39-43 St. George Street.
The project, led by Ideal Capital Partners Inc. and 1000249553 Ontario Inc., will consist of a 13-storey, 96-unit mixed-use apartment building.
Originally, the development was proposed as a 12-storey mixed-use building with 53 square metres of commercial space, 52 parking spaces and 99 residential units.
The site was originally zoned as Commercial Residential Two (CR-2) under the City of Kitchener Zoning By-law 85-1.
Following the Tribunal’s decision, the zoning was amended to Commercial Residential Two (CR-2) with Special Regulations Provisions 136R and 807R, as well as a Holding Provision (112H).
The Official Plan Amendment designates the lands under the Cedar Hill Secondary Plan as “Medium Density Commercial Residential with Special Policy Area 9,” which replaces the previous “Medium Density Commercial Residential” designation.
The Official Plan Amendment also introduced a Special Policy Area (Policy 13.3.4.9) that facilitates the redevelopment of the site for mixed-use purposes, including residential and 53 square metres of commercial space at grade, oriented to Benton Street.
Key site-specific provisions approved include but are not limited to:
● The permitted FSR was set at 2.0, but the development has been approved for an FSR of 5.1.
● The maximum building height was approved at 45 metres and 13 storeys, excluding rooftop mechanicals.
● The required minimum front yard setback was reduced from 3.0 metres to 1.5 metres.
● The side yard setback was reduced to 0 metres, whereas a setback of 1.5 metres is typically required.
● For the portion of the building above 6 metres in height, the rear yard setback was reduced from 10 metres to 7.5 metres. The portion below 6 metres in height was reduced to 1.5 metres.
● The stepback for the tall portion of the building was reduced to 1.5 metres, down from the standard requirement.
● The development will include 43 parking spaces at a parking ratio of 0.45 spaces per unit, despite 1.25 spaces per unit being required.
Additionally, the Zoning By-law Amendment included a Holding Provision (112H), which
requires the completion of a noise study to the satisfaction of the Region of Waterloo before
residential uses are permitted on the site. Geothermal energy systems are also prohibited.
The approval allows the development to move forward, contributing additional housing units within the Major Transit Station Area (MTSA) and making use of the site’s proximity to transit services.
To read more articles on this specific development, click here.
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