16-20 Queen Street North

Built in 1916, it housed the Economical Mutual Fire Insurance Company

The design and physical values relate to the Classic Revival architectural style that is in good condition with many intact original elements. The building features: an ‘H’ plan; brick construction; concrete cornice with block dentils; first story concrete portico with entablature; decorative brick details; concrete columns; concrete balustrade; front door and opening with concrete decorative door surround reading “1871 – 1916”; windows and window openings with decorative concrete headers and sills; concrete cartouches above the first floor windows; and, decorative iron work.

Source: City of Kitchener Statement of Significance

Development Application Case History

In 2021, the Applicant (property owner/developer) submitted a Heritage Impact Assessment (HIA), in the course of their Site Plan Application process, which concluded that “the building has significant cultural heritage value” and “is worthy of designation under the Ontario Heritage Act” (p. 5, May 19, 2021 HIA).  Kitchener Heritage Planning Staff agreed (p. 6, Staff Report DSD-21-111).  Heritage Kitchener recommended designation of the building, including “both interior and exterior features as identified in the Heritage Impact Assessment prepared by MHBC Planning, dated May 19, 2021”  (p. 5, Minutes of Heritage Kitchener June 1, 2021 meeting).

Seeking to redevelop, the Applicant committed to 238 residences, 2,837 SF of community performance space, a $500,000 contribution to supportive housing and 21 affordable housing units (along with the commensurate development charges and property taxes) and offered to retain the front façade and returns (pp. 9, 13 and 15, Agenda of Council June 28, 2021 meeting and Tyler Ulmer, member of Applicant team, 20:15, Council June 28, 2021 meeting).

On June 28, 2021, Council weighed the heritage considerations against the Applicant’s promised benefits and applied the Applicant-requested limited designation to the front façade and returns (p. 1, Minutes of Council June 28, 2021 meeting).  Council heard at least 15 community delegates address the need for affordable housing, community performance space, and the preservation of architectural heritage.  Council’s decision responded to the heritage, both architectural and cultural, as the building had supported both music and dance conservatories, and achieved desired density and much-needed affordable and supportive housing.  The requisite approval of Heritage Permit Applications HPA-2022-IV-010 and HPA-2022-IV-011 was secured in 2022 (p. 11, Minutes of Council June 20, 2022 meeting).

The Applicant did not proceed with the 2021 proposal, citing market conditions (Heather Price, Land Use Planning Consultant for the Applicant, 33:40, Heritage Kitchener September 1, 2026 meeting).  Instead, in 2026, the Applicant submitted a new Heritage Permit Application (HPA-2026-IV-021) in support of a new site plan and proposing a new deal: retain only the front façade and reduce their commitments to a) 135 residences, b) between 0 – 518 SF of community performance space, c) no contribution to supportive housing and d) no affordable housing units (and, of course, less development charges and annual property taxes) (pp. 8, 15, HIA Addendum, July 23, 2026).

At the Council meeting of September 28, 2026, the Applicant agreed to a deferral/extension on the 2026 Heritage Permit Application decision until January 2027, creating a path for a more thorough review.

A complete chronology with links to the documents can be seen in the Appendix, below.

Analysis and Recommendations

The key differences between the 2021 and 2026 Proposals can be seen in the following table and illustrations:

We note that the new 2026 proposal, presented in September 2026, includes

·       43% less housing than offered in 2021,

·       82-100% less Community Benefit Space than offered in 2021,

·       100% less contribution to supportive housing and affordable housing than offered in 2021, and

·       less preservation of the heritage-designated elements.

It may help to address the Section 5.19.2 and 5.19.3 bonusing provisions of Zoning Bylaw 85-1, which was in effect upon the submission of the 2021 Application.[1]  The bonusing provisions permit the requested floor space, in exchange for heritage preservation and the provision of amenity space.  This is a separate matter from Council’s 2021 decision on the heritage designation which designated a limited portion of the building in exchange for 238 residences, 2,837 SF of community performance space, a $500,000 contribution to supportive housing and 21 affordable housing units.   

In support of a better resolution, we submit a) five alternative re-development options and b) suggestions regarding the processing of applications, below.

Five Alternative Re-Development Options to the 2026 Proposal

1. The 2021 proposal: 238 residences, 2,837 SF of community performance space, a $500,000 contribution to supportive housing and 21 affordable housing units, and retention of the front façade and returns.

2. A scaled-down version of the 2021 proposal: 135 residential units, 2,837 SF of community performance space, proportionate contributions to supportive and affordable housing -- a $283,500 contribution to supportive housing and 12 affordable housing units[2] -- and retention of the front façade and returns.

3. A modified version of the 2026 proposal: The number of residential units to be determined via a review of conformity to the current Official Plan (OP)and Zoning By-Law (ZBL), including OP Amendment 49 and ZBL Amendment 2024-065, or to a successful OP/ZB Amendment[3].  The amount of architectural and cultural heritage preservation to be determined via a new heritage designation.

4. Retention of the interior and exterior of the ‘front section’.  Could involve a sale of the ‘front section’, with some air rights transferred to the Applicant.

5. Retention of the entire building, including the exterior and interior. Could involve an exchange for a different property.

Suggestions Regarding Processing of Applications

1. That any applicant oral or written commitments made before Heritage Kitchener Committee, Planning and Strategic Initiatives Committee or Council be considered a legally-binding part of the application.  In this case, the Applicant’s promises of a contribution to supportive housing and affordable housing units were delivered in writing and orally at the June 28, 2021 Council meeting, but were not included in their application.

2. That only complete applications be presented for the consideration of Heritage Kitchener, Planning and Strategic Initiatives Committee, Council or other approval body.  In this case, the 2026 Heritage Permit Application was not accompanied by the engineer’s revised stabilization plan or alternatives to the demolition of the return along Goudies Lane, despite the HPA leaning on the forthcoming findings of the engineer’s report.

3. That all supporting documents submitted as part of Heritage Permit Applications that a) are to be considered by the Heritage Kitchener Committee and that b) also require Site Plan Approval be posted on the Planning Applications site, as is the practice for Official Plan and Zoning Bylaw Amendment Applications.  In this case, the supporting documents were only viewable by appointment, at City Hall, in the presence of Planning Staff.

4. That any applicant’s request to defer or withdraw their application be accepted, with the date of submission of a complete application re-set to the date at which the applicant re-submits their materials.  In this case, the Applicant requested a deferral at the Heritage Kitchener meeting on September 1, 2026.  The request was not accepted until the Applicant repeated it at the September 28, 2026 Council meeting.

5. That any material changes in the terms of an application which secured a heritage designation on the basis of committed community benefits (density, community benefit space, affordable housing or otherwise) result in a fresh consideration of the heritage designation.  In this case, the 2021 commitments of 238 residential units; 2,837 SF community performance space for music, theatre and festivals; a $500,000 donation to a non-profit to build supportive housing in Kitchener and 21 housing units that meet the Region of Waterloo’s affordability criteria helped secure the Applicant-desired heritage designation.

6. That any new application or material changes in the terms of an application be considered against the Official Plan and Zoning Bylaw in effect at the time of re-submission.  In this case, the 2026 proposal, which reduces or eliminates the committed community benefits, was submitted after Official Plan Amendment 49 and Zoning Bylaw Amendment 2024-065.  (See Footnote 3.) 

7. That the City of Kitchener implement lapsing provisions (time limits) on site plan approvals.  Such provisions are permitted under Section 41 (7.1) of the Planning Act, in response to Provincial Bill 185.  City of Hamilton Staff Report PED24175(a) of April 8, 2025 asserts that lapsing provisions can ensure that:

a) Collectable development charges remain current,

b) Progress is made on achieving housing and development targets,

c) The City can direct infrastructure planning where it is needed, and that

d) Approved developments remain aligned with the City’s evolving vision and planning framework.

Appendix: Case Chronology

1916            Building at 16-20 Queen St N constructed as new headquarters for Economical Insurance

1917-1935       Ziegler Conservatory of Music operates out of site concurrently to Economical Insurance

1925                 Goudies Department Store and Goudies Lane constructed next door

~1948               Rear section of first floor divided into two storeys 

~1952               Economical Insurance headquarters moved to 10 Duke St W.  Thereafter, property is home to many    businesses, including several music and dance studios, lawyers, and an optician

1978                 Property included in the Ontario Heritage Inventory, noted to be in ‘Very Good’ condition

1985                 Zoning Bylaw 85-1 approved by Council

2010                 Property listed on the City of Kitchener’s Municipal Heritage Register by Council

2012                 Property participates in Doors Open Waterloo Region

April 2019       Zoning Bylaw 2019-051 (CroZBy Stage 1) approved by Council

January 2020  Property purchased by Momentum Developments

~March 2021 Site Plan Application SP/21/040/Q/AP received by City for redevelopment of 16-20 Queen

St N with a 34-storey tower, retaining the Queen St facing façade and the first section of the façade along Goudies Lane.

April 3, 2021   “Condo tower with community performance space planned for 20 Queen Street N in

Kitchener.” Waterloo Region Record

May 19, 2021 Draft Heritage Impact Assessment (HIA) circulated to Heritage Kitchener Members

June 1, 2021   HIA considered at Heritage Kitchener Meeting (Agenda, Minutes, Video) Heritage Kitchener members recommend designation of the exterior and select interior attributes of the property under Section 29 of the Ontario Heritage Act.

June 28, 2021    Council Meeting (Report DSD-21-111, Agenda, Minutes, Video)
Council declares intention to designate the front façade and portion of the returns under Section 29 (Part IV) of the Ontario Heritage Act.

~July 2021       Committee of Adjustment Application A2021-098 seeking relief from parking requirements and to legalize setbacks of existing structure received by City.

Sept 21, 2021 Committee of Adjustment Meeting (Report DSD-2021-189, Agenda, Minutes, Video)
                          Requested zoning relief granted.

~April 2022     Heritage Permit Applications HPA-2022-IV-010 and HPA-2022-IV-011 received by City to permit the partial demolition of the existing building, excluding the front façade and portions of the returns of the property, and the construction of a new 34-storey residential tower, respectively.

June 7, 2022   Heritage Kitchener Meeting (Report DSD-2022-231, Agenda, Minutes, Video). Heritage Kitchener members did not support approval of the Heritage Permit Applications. 

June 20, 2022 Council Meeting (Agenda, Minutes, Video)
Council voted to designate 16-20 Queen St N as being of historic and cultural heritage value or interest under section 29 of the Ontario Heritage Act (Bylaw 2022-077) and voted to approve the Heritage Permit Applications with conditions.

2023            Site Plan SP/21/040/Q/AP for development of a 34-storey tower received ‘Conditional Approval’ with multiple conditions, including for preservation of cultural heritage.

March 18, 2024 Bylaws 2024-062 and 2024-065 (‘Growing Together’ Major Transit Station Area Re-Zoning project) approved by Council (Minutes Part 1, Part 2)

2025                 Site Plan Amendment Application to SP/21/040/Q/AP received by City proposing to reduce residential tower height from 34 to 21 storeys.

July 2026         Site Plan Amendment Application to SP/21/040/Q/AP received by City proposing to reduce residential tower height from 34 to 19 storeys, reduce community benefit space, add two commercial units, alter an existing window into a door, and remove the heritage-designated south  façade. Corresponding Heritage Permit Application HPA-2026-IV-021 received by City seeking a) removal of the return along Goudies Lane and b) altering an existing window opening into a door on the second floor of the front façade. (Note: On Sept. 22, the Applicant withdrew their request for item b.)

Sept 1, 2026   Heritage Kitchener Meeting (Report DSD-2026-316, Agenda, Minutes, Video).  Heritage Kitchener members recommend rejecting the Heritage Permit Application due to lack of supporting materials and consideration of alternatives.

Sept 28, 2026 Council Meeting (Agenda, Minutes, Video). Applicant requested an extension to the deadline for decision on the Heritage Permit Application by Council. Council agreed that the “matter be deferred to a Council meeting in January 2027, to allow further discussions related to the alterations between the applicant, City Staff and the neighbourhood”.

Notes:

[1] The zoning on the Subject Lands under Zoning By-Law 85-1 was “D-1”, which permitted a maximum floor space ratio of 2.0.  With the application of bonusing provisions, in conjunction with preservation of designated heritage elements and provision of amenity areas, the Application was permitted to achieve the requested 2021 floor space ratio of 19.3 and the requested 2026 floor space ratio of 12.3, without the need for an Official Plan or Zoning By-Law Amendment.

[2] The 2026 proposal offers 56.7% of the residential units offered in 2021 (135/238 units). 

[3] In 2021, the Applicant delivered a proposal associated with its 2021 Heritage Impact Assessment under the 2014 Official Plan and Zoning By-Law 85-1.  In 2024, Kitchener adopted Official Plan Amendment 49 and Zoning Bylaw Amendment 2024-065 (“Growing Together”) and granted “Complete Applications”, applications that contain “sufficient particulars and information to allow [them] to be processed and approved”, the right to proceed under the old OP and ZBL until March 2027 (Sections 18.2-18.3, ZBL 2019-051).  In 2026, the Applicant delivered a new proposal along with its 2026 HPA.   The new proposal does not conform to Official Plan Amendment 49 and Zoning Bylaw Amendment 2024-065, under which it is designated SGA-C and zoned SGA-4.