HomeMy WebLinkAboutDSD-2022-448 - OPA22-011-D-CD - ZBA22-018-D-CD - 206 and 210 Duke Street East and 46 and 50 Madison Avenue North - The Knossos Housing Corporation of Waterloo RegionStaff Report
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: December 12, 2022
SUBMITTED BY: Stevenson, Garett - Interim Director of Planning, 519-741-2200 ext.
7070
PREPARED BY: Dumart, Craig — Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: October 24, 2022
REPORT NO.: DSD -2022-448
SUBJECT: Official Plan Amendment OPA22/011/D/CD
Zoning By-law Amendment ZBA22/018/D/CD
206 and 210 Duke Street East and 46 and 50 Madison Avenue North
The Knossos Housing Corporation of Waterloo Region
RECOMMENDATION:
That Official Plan Amendment Application OPA22/011/D/CD for The Knossos Housing
Corporation of Waterloo Region requesting a change in land use designation from `Medium
Density Multiple Residential' to `Medium Density Multiple Residential' with Special Policy
Area 8 to permit a multiple residential dwelling development on the lands specified and
illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment
attached to Report DSD -2022-448 as Appendix `A', and accordingly forwarded to the Region
of Waterloo for approval; and
That Zoning By-law Amendment Application ZBA22/018/D/CD for The Knossos Housing
Corporation of Waterloo Region be approved in the form shown in the `Proposed By-law',
and `Map No. 1, attached to Report DSD -2022-448 as Appendix `A'; and further
That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances
shall be permitted for lands subject to Zoning By-law Amendment Application
ZBA22/018/D/CD.
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation regarding
the Official Plan Amendment and Zoning By-law Amendment applications for the subject
lands located at 206 and 210 Duke Street East and 46 and 50 Madison Avenue North. It is
planning staffs recommendation that the Official Plan and Zoning By-law Amendments be
approved.
The proposed Amendments support the creation of 100 dwelling units including 40 deepy
affordable dwelling units and the development of `missing middle' housing in a Major Transit
Station Area and directly responds to the need for more affordable housing during the current
housing crisis.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 128 of 410
Community engagement included:
o circulation of a preliminary notice letter to property owners and residents within 240
metres of the subject site;
o installation of a large billboard notice sign on the properties;
o follow up one-on-one correspondence with members of the public;
o Neighbourhood Meeting held on September 22, 2022;
o postcard advising of the statutory public meeting was circulated to all property owners
within 240 metres of the subject site, those who responded to the preliminary
circulation; and those who attended the Neighbourhood Meetings;
o notice of the public meeting was published in The Record on November 18, 2022.
This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The owner of the subject lands addressed as 206 and 210 Duke Street East and 46 and 50 Madison
Avenue North is proposing to change the Official Plan designation from `Medium Density Multiple
Residential' to `Medium Density Multiple Residential' with Special Policy Area 8 in the City of
Kitchener King Street East Secondary Plan, and to change the zoning from `Residential Seven Zone
(R-7)' (46 and 50 Madison Avenue North) and `Residential Seven Zone (R-7) with Special Use
Provision 480U and Special Regulation Provision 755R' (206 and 210 Duke Street) in Zoning By-
law 85-1 to `Residential Seven Zone (R-7) with modified Special Regulation Provision 755R and
Holding Provision 95H to further regulate parking; to increase the Floor Space Ratio (FSR); to reduce
the rear yard setback and to apply a Holding Provision to require a noise study to the satisfaction of
the Region of Waterloo. Staff are recommending that the applications be approved.
BACKGROUND:
The Knossos Housing Corporation of Waterloo Region (Owner) have made applications to the City
of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to change
the land use designation and zoning of the lands at 206 and 210 Duke Street East and 46 and 50
Madison Avenue North to permit the lands to be developed with an 8 -storey, multiple residential
dwelling building with 100 dwelling units.
The initial application proposed all of the 100 dwelling units to be deeply affordable units. On
November 28, 2022, staff received correspondence from the applicant (Appendix F) informing staff
that the distribution of affordable units for the proposed development has changed. Based on costing
for construction, the applicant is now proposing 40 deeply affordable dwelling units and 60 units at
market rate rent.
Deeply affordable dwelling units are rented at a minimum of 40% below the average market rate.
The proposed development includes 51 parking spaces proposed to be provided underground,
internal to the building, and within a rear surface parking area. The lands are designated `Medium
Density Multiple Residential' in the City of Kitchener King Street East Secondary Plan and zoned
`Residential Seven Zone (R-7)'(46 and 50 Madison Avenue North) and `Residential Seven Zone (R-
7) with Special Use Provision 480U and Special Regulation Provision 755R' (206 and 210 Duke
Street) in Zoning By-law 85-1.
The existing zoning permissions permit medium rise built from dwellings including multiple dwellings
(up to 8 storeys in height), semi-detached dwellings, single detached and duplex dwellings and
detached additional dwelling units.
DSD Report -20-069 - ZBA20/001/D/GS was approved by Council August 2020 which changed the
Zoning of 206 and 210 Duke Street East from Neighbourhood Institutional Zone (1-1) to Residential
Seven (R-7) with Special Regulation Provision 755R and Special Use Regulation 480U. Special
Page 129 of 410
Regulation Provision 755R further regulates building height, side yard, front yard setbacks and
parking regulations. Special Use Regulation 480U allows for institutional uses and prohibits single
detached, semi detached, duplexes, private home daycares and street townhouse uses.
Site Context
The proposed development includes the consolidation of four properties addressed as 206 and 210
Duke Street East and 46 and 50 Madison Avenue North that are located at the intersection of Duke
Street East and Madison Avenue North. The consolidated lands form an irregular shape parcel of
land with frontage on both Duke Street East and Madison Avenue North. The subject properties
have a combined lot area of 0.22 hectares (0.54 acres) with approximately 39 metres of frontage
along Duke Street East and 24.26 metres of frontage along Madison Avenue North. The subject
lands are currently vacant. The surrounding neighbourhood consists of a variety of uses including
medium -rise residential uses, low-rise multiple dwelling buildings, single detached dwellings, semi
detached dwelling, commercial and institutional buildings. The subject lands are located within 250
metres of the Kitchener Market ION LRT station stop, which is located at the intersection of Charles
Street East and Cedar Street South. Existing bus routes operate along Weber Street and King and
the subject lands are in close proximity to the downtown cycling grid.
u7
m
Cn
m
SUBJECT AREA
G
C,
tX`
o
�<)
�fl
'4 �i 4
Figure 1 - 206 and 210 Duke Street East and 46 and 50 Madison Avenue North
REPORT:
The applicant is proposing to develop the subject lands with an 8 -storey multiple residential dwelling.
The proposed development consists of 100 residential units (40 deeply affordable units), including
18 bachelor units, 54 one -bedroom units, and 28 two-bedroom units, with 51 parking spaces to be
provided underground, internal to the building, and within a rear surface parking area. Two principal
Page 130 of 410
entrances and two vehicular access to the development are proposed, one of each from Madison
Avenue North and one of each from Duke Street East.
Table 1 below highlights the development concept statistics while Figures 2 and 3 show the proposed
development concept site plan and renderings of the development proposal.
Table 1. Proposed Development Concept Statistics
Page 131 of 410
Development Concept
Number of Units
100 units:
60 units at market rate
40 deeply affordable dwelling units rented at a minimum of
40% below the average mark rent.
Deeply Affordable Unit Rental
(3) Bachelor Unit $570.00 per month
Rates
(5) Bachelor Unit $589.00 per month
(2) one bedroom $680.00 per month
(25) one bedroom $758.00 per month
(5) two bedroom $875.00 per month
Parking Spaces
51 parking spaces
Building Height
25 metres, 8 storeys
Class A (indoor secured)
50
Bicycle Parking
Class B (outdoor visitor)
6
Bicycle Parking
Floor Space Ratio
3.6
Underground parking spaces
40 Parking Spaces
Surface Parking
11 Parking Spaces
Spaces/internal to the building
Unit Types
Bachelor units (18)
One bedroom units (54)
Two bedroom units (28)
Page 131 of 410
Ma]1a:�:�y r.1:a� ii:Al
Figure 2 — Development Concept Site Plan
Il
� w �
!!i
Figure 3 —Development Rendering: The front elevation along Madison Avenue North
Page 132 of 410
To facilitate the redevelopment of the subject lands with the proposed development concept, an
Official Plan Amendment and a Zoning By-law Amendment are proposed to change the land use
designation and zoning of the subject lands. The lands are currently designated `Medium Density
Multiple Residential' in the City of Kitchener King Street East Secondary Plan and zoned `Residential
Seven Zone (R-7)' (46 and 50 Madison Avenue North) and `Residential Seven Zone (R-7) with
Special Use Provision 480U and Special Regulation Provision 755R' (206 and 210 Duke Street) in
Zoning By-law 85-1.
The owner is proposing to change the land use designation to `Medium Rise Residential with Special
Policy Area 8' in the City of Kitchener Official Plan to allow for a Floor Space Ratio (FSR) of 3.6,
and to change the zoning to `Residential Seven Zone (R-7) with modified Special Regulation
Provision 755R and Holding Provision 95H' to further regulate parking; to increase the Floor Space
Ratio (FSR); reduce the rear yard setback; and to apply a Holding Provision to require a noise study
to the satisfaction of the Region of Waterloo.
Planning Analysis:
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister,
the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their
responsibilities under this Act, shall have regard to, among other matters, matters of provincial
interest such as,
f) The adequate provision and efficient use of communication, transportation, sewage and
water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support public transit
and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive and
vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
These matters of provincial interest are addressed and are implemented through the Provincial
Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan
is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to
ensure Provincial policy is adhered to.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
Page 133 of 410
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
To support provincial policies relating to the optimization of infrastructure, transit and active
transportation, the proposed designation and zoning facilitate a compact form of development which
efficiently uses the lands, is in close proximity to transit options including ION rapid transit, bus, and
makes efficient use of both existing roads and active transportation networks. The lands are serviced
and are in proximity to parks, trails and other community uses. Provincial policies are in support of
providing a broad range of housing. The proposed multiple dwelling development includes 100
dwelling units, 40 of which are deeply affordable units.
Planning staff is of the opinion that the proposed application will facilitate the intensification of the
subject property with an affordable housing development that is compatible with the surrounding
community, helps manage growth, is transit supportive and will make use of the existing
infrastructure. No new public roads would be required for the proposed development and
Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on
the subject lands.
Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range,
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. Policies of the Growth Plan promote growth within strategic growth
areas including major transit station areas, in order to provide a focus for investments in transit and
other types of infrastructure.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of
the minimum intensification and density targets in this plan by identifying a diverse range and mix of
housing options and densities, including additional residential units and affordable housing to meet
projected needs of current and future residents.
Policies 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment uses, and
convenient access to local stores, services, and public service facilities;
b) improve social equity and overall quality of life, including human health, for people of all
ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional residential units
and affordable housing, to accommodate people at all stages of life, and to accommodate
the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe, comfortable and
convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and
other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban agriculture;
e) provide for a more compact built form and a vibrant public realm, including public open
spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce
greenhouse gas emissions, and contribute to environmental sustainability; and
g) integrate green infrastructure and appropriate low impact development.
Page 134 of 410
The Growth Plan supports planning for a range and mix of housing options and, in particular, higher
density housing options that can accommodate a range of household sizes in locations that can
provide access to transit and other amenities.
Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors, including
zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit
corridors will be planned for a minimum density target of 160 residents and jobs combined per
hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's
ION is a form of light rail transit and the ION stations are Major Transit Station Areas (MTSAs) that
are required to achieve the minimum density target of 160 residents and jobs combined per hectare.
The subject lands are located within the City's delineated built up area, and within a Major Transit
Station Area. The lands are identified as a MTSA in the 2014 Kitchener Official Plan. In the City's
Official Plan on Map 2 — Urban Structure the lands appear within the MTSA conceptual boundary for
the Kitchener Market station. The Region of Waterloo commenced the Regional Official Plan Review
project and as part of that work, revised MTSA boundaries were approved in August 2022. These
lands are within the Kitchener Market Station MTSA. The proposed development represents
intensification and will help the City achieve density targets in the MTSA. The proposed designation
and zoning will support a higher density housing option that will help make efficient use of existing
infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications
conform to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents.
The subject lands are within the Major Transit Station Area (MTSA) boundary that was approved in
August 2022. The Region of Waterloo have indicated they have no objections to the proposed
application or to higher density within the MTSA area. (Appendix `D'). Planning staff are of the opinion
that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan (OP)
The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further
articulated and implemented through the guiding principles, goals, objectives, and policies which are
set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive,
safe, complete and healthy community.
The subject lands are designated `Medium Density Multiple Residential" (Map 10) in the King Street
East Secondary Plan (1994 Official Plan). The Medium Density Multiple Residential designation
permits medium density housing types including townhouse dwellings, multiple dwellings and special
needs housing.
Page 135 of 410
The applicant is proposing to add a Special Policy Area to the existing `Medium Density Multiple
Residential' land use designation of the subject lands. Applying Special Policy Area 8 to the subject
lands will allow for a maximum Floor Space Ratio (FSR) of 3.6 whereas the Medium Density Multiple
Residential policies permit a maximum Floor Space Ratio of 2.0.
Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will be applied
in situations where it is necessary or desirable to zone lands for development or redevelopment in
advance of the fulfillment of specific requirements and conditions, and where the details of the
development or redevelopment have not yet been fully resolved. A Holding provision may be used
in order to ensure that certain conditions, studies or requirements related to a proposed Zoning By-
law Amendment are met.
Urban Structure
The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for
directing growth and development within this structure. Intensification Areas are targeted throughout
the Built-up Area as key locations to accommodate and receive the majority of development or
redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth
Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section
3.C.2.3 of the Official Plan. The subject lands are located within a Major Transit Station Area. The
planned function of the Major Transit Station Areas is to provide densities that will support transit,
and achieve a mix of residential, office, institutional and commercial uses. They are also intended to
have streetscapes and a built form that is pedestrian -friendly and transit -oriented.
Policies also require that development applications in Major Transit Station Areas give consideration
to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan.
Generally, the Transit -Oriented Development policies support a compact urban form, that supports
walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit
stops, to support higher frequency transit service and optimize transit rider convenience. These
policies also support developments which foster walkability by creating safe and comfortable
pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed
development will help to increase density in an area well served by nearby rapid transit and transit
while being context sensitive to surrounding lands and provides excellent access to off-road
pedestrian and cycling facilities.
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment
will support a development that not only complies with the City's policies for a Major Transit Station
Area but also contributes to the vision for a sustainable and more sustainable city.
Neighbourhood Planning Review (NPR)
The subject lands are within the King East Neighbourhood Planning Review (NPR) area. A statutory
public meeting was held on December 9, 2019 regarding draft amendments to the King Street
Secondary plan. The proposed Official Plan designation for the site is `Medium Rise Residential' and
the proposed zoning is `Medium Rise Residential Six Zone (RES -6)'. The NPR project is under
review and updated draft land use designations and zoning will be considered in 2023.
Urban Design Policies:
The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff,
the proposed development satisfies these policies including: Streetscape; Safety; Universal Design;
Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban
Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is
Page 136 of 410
acceptable and outlines the vision and principles guiding the site design and informs the proposed
zoning regulations.
Streetscape — The proposed building has been oriented with frontage onto Duke Street East and
Madison Street North to define the street edge. The two (2) principal building entrances connect the
development to the public realm and enhanced landscaping plantings will further enhance the
streetscape.
Safety — As with all developments that go through site plan approval, staff will ensure Crime
Prevention through Environmental Design (CPTED) principles are achieved and that the site meets
emergency services policies.
Universal Design — The development will be designed to comply with Accessibility for Ontarian's with
Disabilities Act and the Ontario Building Code.
Site Design, Building Design, Massing and Scale — The subject site is designed to have a building
that will be developed at a scale that is compatible with the existing and planned surroundings. A six
storey podium is proposed along the Duke Street East frontage, with an additional two storeys
stepped back from the fagade. A six storey podium is also planned along the Madison Avenue North
frontage, with the additional two storeys above stepped back from the fagade. Enhanced screening
such as landscaping and a visual barrier are required where the surface parking is adjacent to low-
rise residential uses and public spaces.
Shadow Impact Study
The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff
have reviewed the study and are satisfied the shadow study meets the requirements outlined in the
City of Kitchener Urban Design Manual.
Transportation Policies:
The Official Plan supports an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant, healthy
community using land use designations and urban design initiatives that make a wide range of
transportation choices viable. The subject lands are located in close proximity to the Kitchener
Market ION station stop. The building has excellent access to cycling networks, including existing
on and off-street cycling facilities and is located in close proximity to the downtown cycling grid. The
location of the subject lands, in the context of the City's integrated transportation system, supports
the proposal for transit -oriented development on the subject lands.
Policy 3.C.2.22 states that until such time as Station Area Plans are completed and this Plan is
amended accordingly, in the interim, any development application submitted within a Major Transit
Station Area will be reviewed generally in accordance with the Transit -Oriented Development
Policies included in Section 13.C.3.12
The proposed Official Plan Amendment and Zoning By-law Amendment applications support a more
dense residential development. The location of the proposed buildings, secured through the
proposed site-specific provisions, will result in a compatible built form that fosters walkability within
a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a
convenient form of urban travel.
At future site plan approval processes, the design of the buildings will have to feature a high quality
public realm to enhance the identity of the area and create gathering points for social interaction,
Page 137 of 410
community events and other activities. Additionally, secured and visitor bicycle parking is required
as part of the Zoning By-law.
Housing Policies:
Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an
appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to
satisfy the varying housing needs of our community through all stages of life. The proposed
development increases the range of dwelling units available in the city all of which are proposed as
deeply affordable dwelling units. The proposed mid -rise development represents the `missing middle'
that bridges the gap between low rise, low intensity dwellings, and high-rise towers. The
development is contemplated to include a range of unit types including, bachelor, one and two
bedroom units. The wide range of units, in this location, will appeal to a variety of household needs
and directly responds to the need for more affordable housing during the current housing crisis.
Official Plan Conclusions
The Official Plan Amendment application requests that the `Medium Density Multiple Residential'
land use designation as shown on Map 10 — King Street East Secondary Plan be amended from to
add `Special Policy Area 8'. Based on the above -noted policies and planning analysis, staff is of the
opinion that the proposed Official Plan Amendment represents good planning and recommends that
the proposed Official Plan Amendment be approved in the form shown in Appendix "A".
Proposed Zoning By-law Amendment:
The subject lands are currently split zoned. 206 and 210 Duke Street are currently zoned Residential
Seven Zone (R-7) with Special Regulation 755R and 480U in Zoning By-law 85-1. Existing zoning
permissions allow for medium rise built form housing options which includes multiple dwellings,
single detached, and semi detached dwellings up to 25 metres in height or 8 storeys with a Floor
Space Ratio (FSR) of 2.0. 46 and 50 Madison Avenue North are zoned Residential Seven Zone (R-
7) in Zoning By-law 85-1. Existing zoning permissions allow for medium rise built form housing
options which includes multiple dwellings, single detached, and semi detached dwellings up to 24
metres in height with a Floor Space Ratio (FSR) of 1.0.
The applicant has requested an amendment to change the zoning from `Residential Seven Zone (R-
7)'(46 and 50 Madison Avenue North) and `Residential Seven Zone (R-7) with Special Use Provision
480U and Special Regulation Provision 755R' (206 and 210 Duke Street) in Zoning By-law 85-1 to
`Residential Seven Zone (R-7) with modified Special Regulation Provision 755R and Holding
Provision 95H' in Zoning By-law 85-1.
Official Plan policies indicate that where special zoning regulations are requested for residential
intensification or a redevelopment of lands, the overall impact of the site specific zoning regulations
will consider compatibility with existing built form; appropriate massing and setbacks that support
and maintain streetscape and community character; appropriate buffering to mitigate adverse
impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by
providing appropriate number of parking spaces and an appropriate landscaped/amenity area.
The applicant is seeking to amend Zoning By-law 85-1 to modify Special Regulation Provision 755R.
The proposed modified Special Regulation Provision will apply to the entirety of the consolidated
lands and will permit an increase in the maximum permitted Floor Space Ratio (FSR), allow for a
decreased parking rate, allow for a reduced rear yard setback; and to apply a Holding Provision to
require a noise study to the satisfaction of the Region of Waterloo.
Page 138 of 410
Staff offer the following comments with respect to modified Special Regulation Provision 755R
a) That the maximum Floor Space Ratio (FSR) shall be 3.6.
The purpose of this regulation is to cap the Floor Space Ratio (FSR) and ensure development does not
exceed the density presented in the concept plans.
b) That parking be provided at a rate of 0.18 parking spaces per dwelling unit plus 0.02 visitor
parking spaces per dwelling unit.
The purpose of this regulation is to provide for a parking rate which is appropriate for the
development. The proposed ratio results in a parking rate of 0.2 parking spaces per dwelling unit
(inclusive of visitor spaces). The concept plans show 0.51 spaces per unit however staff are
recommending a parking rate of 0.2 to allow for the option for parking spaces to be converted into
dwelling units in the future as the demand for additional affordable housing is likely to remain. The
subject lands have adequate access to public transit and pedestrian/cycling networks and adequate
bike storage will be provided within the development for residents. Planning and Transportation
Services staff is of the opinion that the parking rate of 0.2 (inclusive of visitor parking) is appropriate
for the subject lands.
c) The minimum rear yard setback shall be 5.0 metres
The purpose of this regulation is to regulate the building setback to adjacent properties and provide for
an adequate building setback for landscaping and amenity areas.
Staff offer the following comments with respect to Holding Provision 95H:
Official Plan policies require that holding provisions will be applied in those situations where it is
necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment
of specific requirements and conditions, and where the details of the development or redevelopment
have not yet been fully resolved. A Holding provision may be used in order to facilitate the
implementation of the `R-7' zone and special regulation provision. The City will enact a by-law to
remove the holding symbol when all the conditions set out in the holding provision have been
satisfied, permitting development or redevelopment in accordance with the zoning category
assigned.
Holding Provision 95H
Planning staff are recommending the following holding provision as part of the Zoning By-law
Amendment:
"No residential use shall be permitted until such time as a Stationary Noise Study is submitted
and approved to the satisfaction of the Regional Commissioner of Planning, Housing and
Community Services, if necessary. This Holding Provision shall not be removed until the City
of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing
and Community Services advising that such noise study or studies has been approved and
an agreement, if necessary, has been entered into with the City and/or Region, as necessary,
providing for the implementation of any recommended noise mitigation measures."
Building noise mitigation measures will be reviewed through the site plan design and approvals
process. Approval of the noise study by the Region of Waterloo will be required prior to removal of
the Holding Provision.
Page 139 of 410
Proposed Zoning By-law Amendment Conclusions
Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the
subject lands to `Residential Seven Zone (R-7)' with modified Special Regulation Provision 755R
and Holding Provision 95H represents good planning as it will facilitate the redevelopment of the
lands with a multiple dwelling providing affordable dwelling units that is compatible with the existing
neighbourhood, which will add visual interest at the street level, provide enhanced landscaping that
will contribute to the streetscape, and which will appropriately accommodate on-site parking needs.
Staff are supportive of the proposed development and recommend that the proposed Zoning By-law
amendment be approved as shown in Appendix "A".
Department and Agency Comments:
Circulation of the Official Plan Amendment and Zoning By-law Amendment was undertaken in
August 2022 to all applicable City departments and other review authorities. No major concerns
were identified by any commenting City department or agency and any necessary revisions and
updates were made. Copies of the comments are found in Appendix "C" of this report.
The following Reports and Studies were considered as part of this proposed Official Plan
Amendment and Zoning By-law Amendment:
Planning Justification Report
Prepared by: MHBC Planning, July 2022
Urban Design Brief
Prepared by: MHBC Planning, July 2022
Elevations, Massing Model and Shadow Study
Prepared by: J.L Cortes Architect Corporation, February 2022
Tree Management Plan
Prepared by: MHBC Planning, July 2022
Traffic Impact Study:
Prepared by: Paradigm Transportation Solutions, January 2022
Parking Justification Study:
Prepared by: Paradigm Transportation Solutions, June 2022
Site Servicing Report
Prepared by: Strik Baldinelli Moniz, April 2022
Geotechnical Report:
Prepared by: Chung & Vander Doelen Engineering, January 2022
Sustainability Statement
Prepared by: MHBC Planning, June 2022
Community Input & Staff Responses
Staff received written responses from 9 residents with respect to the proposed development. These
are included in Appendix `D'. A Neighbourhood Meeting was held on September 22, 2022. In
addition, staff had follow-up one-on-one correspondence with members of the public. A summary of
what we heard, and staff responses are noted below.
Page 140 of 410
What We Heard
Staff Comment
Support for the development
There was extensive support for the proposed affordable
housing project. Residents support the provision of
affordable housing units and the infill
development/redevelopment of the subject lands. There
was also support to further increase the height and
density above 8 storeys (for an affordable housing
project).
Loss of day light on adjacent
A Shadow Study has been submitted. Staff have
properties
reviewed the study and are satisfied the shadow study
meets the minimum requirements, as related to shadow
impacts and will have minimal impacts on adjacent
properties.
The building should provide a
The proposed building will include bachelor, one, and two
variety of unit types and sizes — i.e.
bedroom units. 40 of the units are deeply affordable
accessible units, bachelor, 1, 2 and
dwelling units rented at a minimum of 40% below average
3 bedrooms
market rate. 15% of the units will be barrier free
accessible.
An 8 storey building is too tall for the
Existing zoning permissions allow for medium rise built
neighbourhood.
form housing on the subject lands and adjacent lands up
to 24 and 25 metres in height (8 storeys). This area of the
neighbourhood is planned for medium rise built form up to
8 storeys in height and there is another medium rise
building within the same block.
More green space/amenity space
In direct response to staff and public comments the
should be provided.
applicant removed surface parking spaces and replaced
them with outdoor at grade amenity space. Furthermore,
an outdoor roof top amenity space has also been added.
The building is too close to the
A 5.0 metre rear yard setback and 4.5 metre side yard
property line.
setback are proposed which provide an adequate
separation distance to adjacent properties and provides
for sufficient landscaping and amenity areas. The original
application proposed a 4.5 metre rear yard setback which
has been increased to 5.0 metres to provide a greater
setback for separation and landscaping.
Not enough parking is being
A Parking Justification opinion letter was submitted and
provided.
reviewed by Transportation Services staff who support a
parking rate of 0.2 per dwelling spaces per dwelling unit
(inclusive of visitor parking). Long-term publicly
accessible parking is available in close proximity at City -
owned parking garages. The proposed development
includes unbundled parking, is located within 250 metres
to the Kitchener Market Station LRT station. Six Class B
and 0.5 Class A bicycle parking spaces per dwelling unit
are required by the Zoning By-law as an active
transportation measure and will be provided on site
Page 141 of 410
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and
Zoning By-law Amendment to permit 206 and 210 Duke and 46 and 50 Madison Avenue North to be
developed with an 8 -storey multiple residential dwelling. Staff is of the opinion that the subject
applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan
for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan
and represent good planning. It is recommended that the applications be approved.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the City's strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Council / Committee meeting. A large notice sign was posted on the property and information
regarding the application was posted to the City's website in August of 2022. Following the initial
circulation referenced below, an additional postcard advising of the statutory public meeting was
circulated to all residents and property owners within 240 metres of the subject lands, those
responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of
the Statutory Public Meeting was also posted in The Record on November 18, 2022 (a copy of the
Notice may be found in Appendix C).
CONSULT—The proposed Official Plan Amendment and Zoning By-law Amendment were circulated
to residents and property owners within 240 metres of the subject lands on August 15, 2022. In
response to this circulation, staff received written responses from 9 members of the public, which
were summarized as part of this staff report. Planning staff also had one-on-one conversations with
residents on the telephone and responded to emails.
PREVIOUS REPORTS/AUTHORITIES:
• DSD Report -20-069 - ZBA20/001/D/GS
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Region of Waterloo Official Plan
• City of Kitchener Official Plan, 1994
• City of Kitchener Zoning By-law 85-1
REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning
Division
APPROVED BY: Readman, Justin - General Manager, Development Services
APPENDIX&
Appendix A — Proposed Official Plan Amendment
Page 142 of 410
Appendix B
— Proposed Zoning By-law Amendment
Appendix C
— Newspaper Notice
Appendix D
— Department and Agency Comments
Appendix E
— Public Comments
Appendix F
—Affordable Unit Distribution Correspondence
Page 143 of 410
AMENDMENT NO. —TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
206-210 Duke Street and 46-50 Madison Avenue North
Page 144 of 410
AMENDMENT NO. —TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
206-210 Duke Street and 46-50 Madison Avenue North
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 & Strategic Initiatives
Committee of December 12, 2022
APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives
Committee
APPENDIX 3 Minutes of the Meeting of City Council
Page 145 of 410
AMENDMENT NO. —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
(1994). This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to amend:
• Map 10 — Secondary Plan - King Street East Neighbourhood Plan for Land Use by
redesignating lands, municipally addressed as 206-210 Duke Street and 46-50 Madison
Avenue North from `Medium Density Multiple Residential' to `Medium Density Multiple
Residential with Special Policy Area 8"
• Adding Policy 13.2.3.8 to Section 13.2.3 to permit a maximum floor space ratio of 3.6:
o Specific Policy 13.2.3.8 amends one policy in the Medium Density Multiple
Residential land use designation:
■ Policy 13.2.2.8 is amended to permit a maximum floor space ratio of 3.6.
SECTION 3 — BASIS OF THE AMENDMENT
Planning Analysis:
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister,
the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their
responsibilities under this Act, shall have regard to, among other matters, matters of provincial
interest such as,
f) The adequate provision and efficient use of communication, transportation, sewage and
water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support public
transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive
and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
These matters of provincial interest are addressed and are implemented through the Provincial
Policy Statement, 2020, as it directs how and where development is to occur. The City's Official
Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020
and to ensure Provincial policy is adhered to.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
Page 146 of 410
residential intensification, and sets out a policy framework for sustainable, healthy, liveable and
safe communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive
development, intensification, and infrastructure planning to achieve cost-effective development
patterns, optimization of transit investments, and standards to minimize land consumption and
servicing costs.
To support provincial policies relating to the optimization of infrastructure, transit and active
transportation, the proposed designation and zoning facilitate a compact form of development
which efficiently uses the lands, is in close proximity to transit options including ION rapid transit,
bus, , and makes efficient use of both existing roads and active transportation networks. The
lands are serviced and are in proximity to parks, trails and other community uses. Provincial
policies are in support of providing a broad range of housing. The proposed multiple dwelling
development includes 100 deeply affordable dwelling units.
Planning staff is of the opinion that the proposed application will facilitate the intensification of the
subject property with an affordable housing development that is compatible with the surrounding
community, helps manage growth, is transit supportive and will make use of the existing
infrastructure. No new public roads would be required for the proposed development and
Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification
on the subject lands.
Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are
designed to support healthy and active living, make efficient use of land and infrastructure, provide
for a range and mix of housing types, jobs, and services, at densities and in locations which
support transit viability and active transportation. Policies of the Growth Plan promote growth
within strategic growth areas including major transit station areas, in order to provide a focus for
investments in transit and other types of infrastructure.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement
of the minimum intensification and density targets in this plan by identifying a diverse range and
mix of housing options and densities, including additional residential units and affordable housing
to meet projected needs of current and future residents.
Policies 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment uses, and
convenient access to local stores, services, and public service facilities;
b) improve social equity and overall quality of life, including human health, for people of
all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional residential units
and affordable housing, to accommodate people at all stages of life, and to accommodate
the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe, comfortable and
convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
Page 147 of 410
iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails,
and other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban agriculture;
e) provide for a more compact built form and a vibrant public realm, including public open
spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce
greenhouse gas emissions, and contribute to environmental sustainability; and
g) integrate green infrastructure and appropriate low impact development.
The Growth Plan supports planning for a range and mix of housing options and, in particular,
higher density housing options that can accommodate a range of household sizes in locations
that can provide access to transit and other amenities.
Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors, including
zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit
corridors will be planned for a minimum density target of 160 residents and jobs combined per
hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's
ION is a form of light rail transit and the ION stations are Major Transit Station Areas (MTSAs)
that are required to achieve the minimum density target of 160 residents and jobs combined per
hectare.
The subject lands are located within the City's delineated built up area, and within a Major Transit
Station Area. The lands are identified as a MTSA in the 2014 Kitchener Official Plan. In the City's
Official Plan on Map 2 — Urban Structure the lands appear within the MTSA conceptual boundary
for the Kitchener Market station. The Region of Waterloo commenced the Regional Official Plan
Review project and as part of that work, revised MTSA boundaries were approved in August 2022.
These lands are within the Kitchener Market Station MTSA. The proposed development
represents intensification and will help the City achieve density targets in the MTSA. The
proposed designation and zoning will support a higher density housing option that will help make
efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the
opinion that the applications conform to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within
the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed
development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical
infrastructure and community infrastructure to support the proposed residential development,
including transportation networks, municipal drinking -water supply and wastewater systems, and
a broad range of social and public health services. Regional policies require Area Municipalities
to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the
various physical, social, economic and personal support needs of current and future residents.
The subject lands are within the Major Transit Station Area (MTSA) boundary that was approved
in August 2022. The Region of Waterloo have indicated they have no objections to the proposed
application or to higher density within the MTSA area. (Appendix `D'). Planning staff are of the
opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan (OP)
The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further
articulated and implemented through the guiding principles, goals, objectives, and policies which
Page 148 of 410
are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant,
attractive, safe, complete and healthy community.
The subject lands are designated `Medium Density Multiple Residential" (Map 10) in the King
Street East Secondary Plan (1994 Official Plan). The Medium Density Multiple Residential
designation permits medium density housing types including townhouse dwellings, multiple
dwellings and special needs housing.
The applicant is proposing to add a Special Policy Area to the existing `Medium Density Multiple
Residential' land use designation of the subject lands. Applying Special Policy Area 8 to the
subject lands will allow for a maximum Floor Space Ratio (FSR) of 3.6 whereas the Medium
Density Multiple Residential policies permit a maximum Floor Space Ratio of 2.0.
Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will be
applied in situations where it is necessary or desirable to zone lands for development or
redevelopment in advance of the fulfillment of specific requirements and conditions, and where
the details of the development or redevelopment have not yet been fully resolved. A Holding
provision may be used in order to ensure that certain conditions, studies or requirements related
to a proposed Zoning By-law Amendment are met.
Urban Structure
The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies
for directing growth and development within this structure. Intensification Areas are targeted
throughout the Built-up Area as key locations to accommodate and receive the majority of
development or redevelopment for a variety of land uses. Primary Intensification Areas include
the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy,
according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Major
Transit Station Area. The planned function of the Major Transit Station Areas is to provide
densities that will support transit, and achieve a mix of residential, office, institutional and
commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -
friendly and transit -oriented.
Policies also require that development applications in Major Transit Station Areas give
consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the
Official Plan. Generally, the Transit -Oriented Development policies support a compact urban
form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close
proximity to transit stops, to support higher frequency transit service and optimize transit rider
convenience. These policies also support developments which foster walkability by creating safe
and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion
that the proposed development will help to increase density in an area well served by nearby rapid
transit and transit while being context sensitive to surrounding lands and provides excellent
access to off-road pedestrian and cycling facilities.
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment
will support a development that not only complies with the City's policies for a Major Transit Station
Area but also contributes to the vision for a sustainable and more sustainable city.
Neighbourhood Planning Review (NPR)
The subject lands are within the King East Neighbourhood Planning Review (NPR) area. A
statutory public meeting was held on December 9, 2019 regarding draft amendments to the King
Page 149 of 410
Street Secondary plan. The proposed Official Plan designation for the site is `Medium Rise
Residential' and the proposed zoning is `Medium Rise Residential Six Zone (RES -6)'. The NPR
project is under review and updated draft land use designations and zoning will be considered in
2023.
Urban Desian Policies
The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff,
the proposed development satisfies these policies including: Streetscape; Safety; Universal
Design; Site Design; Building Design, and Massing and Scale Design. To address these policies,
an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design
Brief is acceptable and outlines the vision and principles guiding the site design and informs the
proposed zoning regulations.
Streetscape —The proposed building has been oriented with frontage onto Duke Street East and
Madison Street North to define the street edge. The two (2) principal building entrances connect
the development to the public realm and enhanced landscaping plantings will further enhance the
streetscape.
Safety — As with all developments that go through site plan approval, staff will ensure Crime
Prevention through Environmental Design (CPTED) principles are achieved and that the site
meets emergency services policies.
Universal Design — The development will be designed to comply with Accessibility for Ontarian's
with Disabilities Act and the Ontario Building Code.
Site Design, Building Design, Massing and Scale —The subject site is designed to have a building
that will be developed at a scale that is compatible with the existing and planned surroundings. A
six storey podium is proposed along the Duke Street East frontage, with an additional two storeys
stepped back from the fagade. A six storey podium is also planned along the Madison Avenue
North frontage, with the additional two storeys above stepped back from the fagade. Enhanced
screening such as landscaping and a visual barrier are required where the surface parking is
adjacent to low-rise residential uses and public spaces.
Shadow Impact Study
The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff
have reviewed the study and are satisfied the shadow study meets the requirements outlined in
the City of Kitchener Urban Design Manual.
Transportation Policies:
The Official Plan supports an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant, healthy
community using land use designations and urban design initiatives that make a wide range of
transportation choices viable. The subject lands are located in close proximity to the Kitchener
Market ION station stop. The building has excellent access to cycling networks, including existing
on and off-street cycling facilities and is located in close proximity to the downtown cycling grid.
The location of the subject lands, in the context of the City's integrated transportation system,
supports the proposal for transit -oriented development on the subject lands.
Page 150 of 410
Policy 3.C.2.22 states that until such time as Station Area Plans are completed and this Plan is
amended accordingly, in the interim, any development application submitted within a Major
Transit Station Area will be reviewed generally in accordance with the Transit -Oriented
Development Policies included in Section 13.C.3.12
The proposed Official Plan Amendment and Zoning By-law Amendment applications support a
more dense residential development. The location of the proposed buildings, secured through the
proposed site-specific provisions, will result in a compatible built form that fosters walkability within
a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a
convenient form of urban travel.
At future site plan approval processes, the design of the buildings will have to feature a high
quality public realm to enhance the identity of the area and create gathering points for social
interaction, community events and other activities. Additionally, secured and visitor bicycle
parking is required as part of the Zoning By-law.
Housing Policies:
Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for
an appropriate range, variety and mix of housing types and styles, densities, tenure and
affordability to satisfy the varying housing needs of our community through all stages of life. The
proposed development increases the range of dwelling units available in the city all of which are
proposed as deeply affordable dwelling units. The proposed mid -rise development represents the
`missing middle' that bridges the gap between low rise, low intensity dwellings, and high-rise
towers. The development is contemplated to include a range of unit types including, one and two
bedroom units. The wide range of units, in this location, will appeal to a variety of household needs
and directly responds to the need for more affordable housing during the current housing crisis.
Official Plan Conclusions
The Official Plan Amendment application requests that the `Medium Density Multiple
Residential' land use designation as shown on Map 10 — King Street East Secondary Plan be
amended from to add `Special Policy Area 8'. Based on the above -noted policies and planning
analysis, staff is of the opinion that the proposed Official Plan Amendment represents good
planning and recommends that the proposed Official Plan Amendment be approved
SECTION 4—THE AMENDMENT.
The City of Kitchener Official Plan (1994) is hereby amended as follows:
a) Amend Map No. 10 — Secondary Plan - King Street East Neighbourhood Plan for
Land Use by designating the lands, municipally addressed as 206-210 Duke Street
and 46-50 Madison Avenue North, as `Medium Density Multiple Residential with
Special Policy Area 8" instead of `Medium Density Multiple Residential', as shown on
the attached Schedule `A';
Page 151 of 410
APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (December 12,
2022)
NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
206-210 Duke St. E. E 46-50 Madison Ave.. N. R
Have Your Voice Heard!
Concept Drawing
Date: December 12, 2422
Time: 3.00 p.m.
Location: Council Chambers,
Kitchener City Hall
200 ling Street Test
or Virtual Zoom Meeting
To view the staff report, agenda,
meeting details, start time of this item
or to appear as a delegation, visit:
kitc h e n+er.ea /meetings
To learn more about this project,
including information on your
appeal rights, visit:
www.kitchener.ca/
PlanningApplicati+ons
or contact.
Multiply: c sidentiak, 6-8 Storeys, Floor Space Craig DumarL Senior Planner
Affordable 100 []wetting Ratio of 3.6 519.741.2200 x 7073
Housing Units crafg.dumart [@kitchener.ca
Off cial Plan Amendment and Zoning By-law Amendment applications will be
considered to facilitate the redevelopment of the lands with an 8 -storey residential
building providing 100 affordable dwelling units with an increased Floor Space Ratio
(FSP) of 3.6, a decreased parking rate providing 51 parking .spaces, and a reduced rear
yard setback.
9
Page 152 of 410
APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (December 12,
2022)
10
Page 153 of 410
APPENDIX 3 - Minutes of the Meeting of City Council (December 19, 2022)
11
Page 154 of 410
76-
Z Z <1 c
CL a (2) (2) (2)
J c c a
a�F-aCU
Uacnoa �, a -aacu
LL LU 0
cu 0
� LU Lu Q ° o a0i ° o ami Z -
W Lu U) - E 'a •� E 0 c o
ZZ�0 c U `o cn o aid
LU y Lu 0 0 > > U — a� Q o a� =— cu
UDC9O U n a) 0 0 E� 0 E'er
HZZ= U) U) c c D c`o - Q c U Q 0 a
`LL 01LU 2 J J J J co cE
O m E o U)
Lm n d n 2 L
U)
a' H
sop
LU
U zMOM
• ` tioS�ob
S`
J
U
p
U
O I
i
p
woa;
J
E
0
O
0
0 '
N
C'4
Q
N
m
a
O i
a
O
N
w
>
z
Z
LuLU
O
p
Z
E
W
Q
Lu
Q
i
o
z
Q
Y U)
J
0-
>
cn
v
m
z
U o
LL
NN
o
0
w
w
N
0
o
I�
U)
w
Of C:)
w
m
w o
w
>
O
0
z
J
w
o
U
z
O
(D
w
z 0
u.iw
Ow
�Z
W
J
=Q
YO
O 3
pZ)
0
U) LL
pp
W
u)0
o_Q
_
0Z
�
YO
N�
O
CoLo
w�
O
N co
O
d
O
U
W-
�Z Of of Of z af o a
U) LO LO z z O O w of
I- r r 0 0 N d �_ o J v o
Z Z Z N N W ON o x
�O O O W W U LLE
o= zLLI O z o
L— � �� O F- F- O Q m
ZO��O zs0 J J J N W Q 0 N
OaZz�u=i ONzau=i Q~~ a O X p W z W 00 U D
� zZ00Zrn zOzrn www W W z N w Z W 0 z U
LLJ> 0> N 0 Z W N O Z p p p Z Z W J X_ p Z N �N Q
_ co
< w a 0 w a O � W a O www z z N ri O- zFn D w N w= U m U
p}p Q(=7LLJ a�(=7p QLLJ O U F- w LL 0 cn w wo z N O Z
LU O0 z��Qafa zQ�a U U U LLJ Y a Q- z w Q Q Q Q Q �Qz w N N Q
WJ J JUr W �zJ( O af> U 0 ~ ♦- ♦- ♦- WO- O Z Q N d
a ~ oQQzQz oZQz w w w U Q F Z z z z z z z zxN O CO Q
H W yUJ wU W w Wwp w J 2 Y U �' _ Jz W N N a ♦-
W D��aui aFa-0 c"��a0 O O O Q 1 O w (7 ��wZ O =Z
U U U U U U w Q Q U- 0 ui = ui w w w w w o a W ^^ w
m W W 0�0w�0 w0 0 J N (h N (h O N NZ (hz V l.f) (O 00 Z2QU w Z iF-
�wOf zO -Z wW-0 z � � h �0 �0 OUB~
fn W �♦ a
<CxLL < �Q <LL < mU U U - �N �N W- of of af of NUn0Y V
W
cc Z 0}/r 0
' W Z iw
2 W U
Q `~
, °oti �Q0U)
'ca'60 b
Z
iii --- �s�g� z- --- - - -- -- - °= - -Q
Q 2W i�
LO CL
1 c%� m
�! W
U o
Z IL
O LL
UII i�
N O
yv U x N N
cli
04 CD
cli
7�� M x M o
V
`n v W
w mc
N N af O C
W p W
r /�6 >
°S N x N O
b�M Lo 0 -j w
b 0)CN CN Q
o� M U LU D
J'W M� 0 z
W
W
00 W Q
yl Z
z O
a'
`n p LO� �� �U Q
U� Q
1 r� O 0� o
cYNi r(n (O
c� 1 Lo
Z Q
O
Wo w
O Z �
/ N Z (n
YO w
Y
v LOdo = Q D
o ,
U
PROPOSED BY — LAW
2022
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as
the Zoning By-law for the City of Kitchener
— The Knossos Housing Corporation of Waterloo Region —
206-210 Duke Street East and 46-50 Madison Avenue North)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Seven Zone (R-7) with
Special Regulation Provision 755R and Special Use Provision 480U to Residential Seven
Zone (R-7) with Special Regulation Provision 755R and Holding Provision 95H.
2. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Seven Zone (R-7) to
Residential Seven Zone (R-7) with Special Regulation Provision 755R and Holding Provision
95H.
3. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby further amended
by incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
4. Appendix "D" to By-law 85-1 is hereby amended by modifying Section 755R thereto as
follows:
"755. i. Notwithstanding Sections 4 and 41.2 of this By-law, within the lands zoned
Residential Seven Zone (R-7), shown as affected by this subsection, on
Page 157 of 410
Schedule 120 of Appendix "A", a Multiple Dwelling and mixed-use building
shall be permitted in accordance with the following:
a. The minimum lot width shall be 30.0 metres.
b. The minimum front yard setback shall be 3.0 metres.
C. The minimum side yard abutting a street shall be 3.0 metres.
d. The minimum side yard shall be 4.5 metres.
e. The minimum rear yard shall be 5.0 metres.
f. The maximum floor space ratio shall be 3.6
h. The maximum building height shall be 25.0 metres.
i. The maximum number of storeys shall be 8.
ii. Notwithstanding Sections 6.1.2a) of this By-law, within the lands zoned
Residential Seven (R-7), shown as affected by this subsection, on
Schedule 120 of Appendix "A", the following off-street parking regulations
shall apply:
Minimum Off -Street Maximum Off -Street
Use Parking Spaces Required Parking Spaces
Permitted
Multiple Dwelling 0.18 /unit 1/unit
Multiple Dwelling Visitor 0.02 /unit
iii. The following minimum bicycle parking requirements shall apply:
Use
Class A Bicycle StallClass
B Bicycle Stall
Multiple Dwelling
0.5 per unit without a
6
private garage
iv. For the purpose of regulation iii. above, a Class A Bicycle Stall shall be a
bicycle space which is either in a building or structure or within a secure
area such as a supervised parking lot or enclosure with a secure entrance
or within a bicycle locker.
Page 158 of 410
V. For the purpose of regulation iii. above, a Class B Bicycle Stall shall be a
bicycle space which is located in accessible and highly visible locations
near the entrance of a building and are accessible to the general public."
5. Appendix "F" to By-law 85-1 is hereby amended by adding Section 95H thereto as follows:
"95. Notwithstanding Section 55 of this Bylaw, within the lands zoned R-7 and shown as
being affected by this Subsection on Schedule Number 120 of Appendix "A":
i) No residential use shall be permitted until such time as a Road Traffic, and
Stationary Noise Study is submitted and approved to the satisfaction of the
Regional Commissioner of Planning, Housing and Community Services, if
necessary. This Holding Provision shall not be removed until the City of
Kitchener is in receipt of a letter from the Regional Commissioner of
Planning, Housing and Community Services advising that such noise study
or studies has been approved and an agreement, if necessary, has been
entered into with the City and/or Region, as necessary, providing for the
implementation of any recommended noise mitigation measures."
5. This By-law shall become effective only if Official Plan Amendment No. _, (206-210 Duke
Street East and 46-50 Madison Avenue North) comes into effect, pursuant to Section 24(2)
of The Planning Act, R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of
2022.
Mayor
Clerk
Page 159 of 410
NOTICE OF PUBLIC MEETING
F
fora development in your neighbourhood
4220 King St. E. Et 25 Sportsworld Crossing Rd. �r I TCHEN ,
Have Your Voice Heard!
Date: December 12, 2022
Time: 3:00 p.m.
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orirtual Zoom Meeting
To view the staff report, agenda,
meeting details, start time of this item
or to appear as a delegation, visit:
kitchener.ca/meetings
To learn more about this project,
including information on your
appeal rights, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Mixed Use 3 Buildings, 520 Residential Craig Dumart, Senior Planner
14 to 18 Units 519.741.2200 x 7073
Storeys craig.dumart@kitchener.ca
Official Plan Amendment and Zoning By-law Amendment applications will be
considered to facilitate a mixed-use development with three buildings 14, 15 and
18 -storeys in height providing 520 residential dwelling units, with a Floor Space Ratio
(FSR) of 4.0, a decreased podium height and decreased ground floor facade along a
street line.
Page 160 of 410
From: Mike Seiling
Sent: Tuesday, August 16, 2022 3:11 PM
To: Sarah Coutu
Subject: FW: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA)
Attachments: Department & Agency Letter - Duke & Madison.pdf
Building; no concerns
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Tuesday, August 16, 2022 2:54 PM
To: Metrolinx (GO) - Development (Development.Coordinator@Metrolinx.com)
<development.coordinator@metrolinx.com>; _DL _#_ DSD _Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o
WSP <circulations@wsp.com>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Feds <vped@feds.ca>; GRCA -
Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One -
Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman
<Justin.Read man@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary
(elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Cc: Sarah Coutu <Sarah.Coutu@kitchener.ca>; Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA)
Please see attached. Additional documentation can be found in AMANDA folders 22-119529 & 22-119530 (City staff)
and ShareFile (external agencies).
Comments or questions should be directed to Sarah Coutu, Project Manager (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
0010 POOm� D
Page 161 of 410
City of Kitchener - Comment Form
Project Address: 206-210 Duke St E & 46-50 Madison Ave N
Application Type: OPA and ZBA
Comments of: Environmental Planning (Sustainability) — City of Kitchener
Commenter's name: Gaurang Khandelwal
Email: gaurang.khandelwal@kitchener.ca
Phone: 519-741-2200 x 7611
Written Comments Due: September 12, 2022
Date of comments: September 12, 2022
1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application:
• Sustainability Statement, 206-210 Duke Street East and 46-50 Madison Avenue North, prepared
by MHBC, dated June 20, 2022
2. Comments & Issues:
I have reviewed the documentation (as listed above) to support an Official Plan Amendment and a Zoning
By-law Amendment to redevelop the subject lands with 100 affordable rental housing units within a
multiple dwelling ranging in height from 6 to 8 storeys, regarding sustainability and energy conservation
and provided the following:
• Although the Ontario Building Code (OBC) is advanced, going forward all developments will need
to include robust energy conservation measures as the City (and Region of Waterloo) strive to
achieve our greenhouse gas reduction target.
• Based on my review of the supporting documentation, the Official Plan and Zoning Bylaw
Amendments can be supported as several sustainable measures have been proposed or are
being considered for the development, which will be detailed out through the Site Plan
Approval stage.
• A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a
complete Site Plan Application. It can build upon the information already provided, and can
further explore and/or confirm which additional sustainable measures are best suited to the
development. Potential items for consideration are:
o Use of alternative water supply and demand management systems such as rainwater
harvesting and grey water reuse, or design of the site and buildings for readiness to add
these systems in the future
o Incorporation of community garden or urban agriculture
o EV ready parking spaces
o Material choice and detailing to address bird collision avoidance guidelines
1IPage
Page 162 of 410
3. Policies, Standards and Resources:
• Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and
appropriate, alternative energy systems, renewable energy systems and district energy in
accordance with Section 7.C.6 to accommodate current and projected needs of energy
consumption.
• Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage
orientation of streets and/or lot design/building design with optimum southerly exposures. Such
orientation will optimize opportunities for active or passive solar space heating and water heating.
• Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate,
to the satisfaction of the City, energy is being conserved or low energy generated.
• Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the
necessary infrastructure for district energy in the detailed engineering designs where the
potential for implementing district energy exists.
4. Advice:
➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable
Development category. Also, there are community-based programs to help with and celebrate
and recognize businesses and sustainable development stewards (Regional Sustainability
Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability-
initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise).
➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under
'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement
21 Page
Page 163 of 410
From: Sylvie Eastman
Sent: Wednesday, September 7, 2022 10:30 AM
To: Sarah Coutu
Cc: Craig Dumart; David Paetz
Subject: RE: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA)
Attachments: Department & Agency Letter - Duke & Madison.pdf
Hello all. I have no comments from a gas infrastructure perspective. Please note that the proponent should contact
David Paetz regarding gas servicing.
From: Sarah Coutu <Sarah.Coutu@kitchener.ca>
Sent: Tuesday, September 6, 2022 12:22 PM
Cc: Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: RE: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA)
This email is a reminder that comments for this OPA/ZBA file are due Monday, September 12.
Thank you.
Sarah Coutu, BES, RPP, MCIP (she/her)
Project Manager (Planning) I Planning Division I City of Kitchener
(519) 741-2200 ext. 7069 1 TTY 1-866-969-9994 1 sarah.coutu@kitchener.ca
Page 164 of 410
From: Melissa Larion <mlarion@g rand river.ca >
Sent: Wednesday, August 17, 2022 8:51 AM
To: Sarah Coutu
Subject: FW: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA)
Hi Sarah,
We have no comments. These properties are not regulated by GRCA.
Regards,
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
Office: 519-621-2763 ext. 2247
Email: mlarion@grandriver.ca
www.grandriver.ca I Connect with us on social media
From: Ashley Gallaugher <agallaugher@grandriver.ca>
Sent: August 16, 2022 3:51 PM
To: Melissa Larion <mlarion@grandriver.ca>
Subject: FW: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA)
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Tuesday, August 16, 2022 2:54 PM
To: Metrolinx (GO) - Development (Development.Coordinator@Metrolinx.com)
<development.coordinator@metrolinx.com>; _DL _#_DSD—Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o
WSP <circulations@wsp.com>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Feds <vped@feds.ca>; Planning
<planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango
<landuseplanning@hvdroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman
<Justin.Read man@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary
(elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Cc: Sarah Coutu <Sarah.Coutu@kitchener.ca>; Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA)
Please see attached. Additional documentation can be found in AMANDA folders 22-119529 & 22-119530 (City staff)
and ShareFile (external agencies).
Page 165 of 410
From:
Sarah Coutu
Sent:
Thursday, October 27, 2022 3:05 PM
To:
Sarah Coutu
Subject:
FW: 206-210 Duke and 46-50 Madison
From: Christine Goulet <Christine.Goulet@kitchener.ca>
Sent: Wednesday, September 28, 2022 12:01 PM
To: Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: RE: 206-210 Duke and 46-50 Madison
Hey,
I have no concerns going forward with the OPA/ZBA and all changes can be addressed at site plan.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
From: Craig Dumart <Craig.Dumart@kitchener.ca>
Sent: Wednesday, September 28, 2022 11:59 AM
To: Christine Goulet <Christine.Goulet@kitchener.ca>
Subject: FW: 206-210 Duke and 46-50 Madison
Hi Christine,
Can you confirm engineering has no concerns for the OPA/ZBA and any items outstanding can be addressed the site plan
process.
Thanks,
Craig
From: Christine Goulet <Christine.Goulet@kitchener.ca>
Sent: Tuesday, August 23, 2022 12:31 PM
To: Sarah Coutu <Sarah.Coutu@kitchener.ca>
Subject: 206-210 Duke and 40-50 Madison
Hi Sarah,
Kitchener Utilities and Engineering have reviewed the functional servicing report. KU has no concerns. Engineering
requires minor changes to the report, but supports the zone change with a maximum sanitary peak flow of 4.27L/s.
i
Page 166 of 410
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca
Page 167 of 410
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Address: 206 Duke St E, 46-50 Madison Ave N
Owner: Knossos Housing corporation Of Waterloo Region
Application: OPA22/011/D/CD and ZBA22/018/D/CD
Comments Of: Parks and Cemeteries
Commenter's Name: Lenore Ross
Email: Lenore. ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: Sept 12 2022
❑ 1 plan to attend the meeting (questions/concerns/comments for discussion)
❑X No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
I have reviewed the documentation noted below submitted in support of an Official Plan Amendment
and Zoning By-law Amendment to permit the lands at 206, 210 Duke Street East and 46, 50 Madison
Avenue North to be redeveloped with 100 affordable rental housing units within a multiple dwelling
ranging in height from 6 to 8 storeys. The property owner is proposing an Official Plan Amendment to
add a special policy area and Zoning By-law Amendment to amend site specific provisions to permit:
• a maximum FSR of 3.6 whereas 2.0 is permitted
• a minimum rear yard setback of 4.5m, whereas 7.5m is required. The rear yard being measured
as
the north property line
• an off-street parking ratio of 0.55 per unit, whereas 1 per unit is required
• a Multiple Dwelling Visitor parking ratio of 0 per unit, whereas 0.1 per unit is required for a site
with
81+ units
• a balcony to project into a front lot line at 1.16m, whereas 3.Om is require
• a canopy to be located at a minimum setback of 1.16m, whereas the by-law regulates a canopy
to
extend 1.8m into required setback at 1.2m
1. JL Cortes Architect drawing A1.0 Site Plan dated 2021.03.05
2. MHBC Planning Urban Design Brief dated July 2022
2. Site Specific Comments & Issues:
Please note that the City of Kitchener Parkland Dedication By law and Parkland Dedication Policy have
recently been updated and new parkland dedication criteria, rates and land values have been
approved by Council on August 22, 2022. The Transition Provisions that are included within the Bylaw
allow for formal Planning Act applications that have been deemed complete to proceed under the old
Parkland Dedication By-law 2008-93 but require that the application receive final site plan approval
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Paauu-
g" *9 of 410
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
within 12 months. If final site plan approval is not granted within this time the new Parkland
Dedication By law, Policy and rates will apply.
These comments relate to a formal OPA ZBA application that has been deemed complete prior to the
passing of the new Parkland Dedication By-law and Policy and thus if final Site Plan Approval can be
completed within the proscribed Transition period, the old Parkland Dedication rates and categories
can be utilized. If not complete within one year, the rates and categories contained within the new
By-law will apply.
Through Places and Spaces — Parks Strategic Plan, the King East Planning Community has been
assessed as a "Critical" priority to pursue physical land dedication through Planning applications to
address the shortfall in planned active park space within the community. However, physical on-site
land dedication would significantly impact the delivery of the proposed rental units that have received
approval through the City's Affordable Rental Housing Incentives programme and in accordance with
the new Park Dedication Policy, required Park Dedication for affordable rental housing units will
receive a strategic reduction in park dedication fees that caps the dedication at 5% of the land area.
See also comments below related to fees.
3. Comments on Submitted Documents
The following comments should be addressed at this time.
1) JL Cortes Architect drawing A1.0 Site Plan dated 2021.03.05
a) Given the existing deficit of active neighbourhood park space within the King East Planning
Community and the small size of the proposed on-site amenity area at the northwest corner
of the building, additional amenity space should be provided/designed for communal use
along the eastern side of the building to accommodate some of the recreational needs of the
proposed residents.
b) A revised preliminary site plan is required.
2) MHBC Planning Urban Design Brief dated July 2022
a) The Urban Design Brief should provide conceptual details for on-site amenity spaces including
commentary and precedent images to guide detailed site design through the site plan
application. Robust on-site outdoor amenity spaces with good solar access and protection
from wind will be required as part of the site plan and should include seating and play
equipment for residents of all ages and abilities
b) A revised Urban Design Brief is required.
4. Policies, Standards and Resources:
• Kitchener Official Plan Policy
As per Section 8.C.2 — Urban Forests of the Official Plan ...
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Pag-_-2 *9 of 410
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan
in accordance with the City's Tree Management Policy (available on the City's Website), as a
condition of a development application.
o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road
rights-of-way and encourage new development or redevelopment to incorporate, protect and
conserve existing healthy trees and woodlands in accordance with the Urban Design Policies
in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the
Development Manual.
o Please see UDM Part C, Section 13 and www.kitchener.ca/treemanagement for detailed
submission requirements
• City of Kitchener Parkland Dedication Policy and By-law
• City of Kitchener Development Manual
• Cycling and Trails Master Plan (2020)
• Chapter 690 of the current Property Maintenance By-law
• Places and Spaces — Parks Strategic Plan
• Urban Design Manual
5. Anticipated Fees:
Parkland Dedication
Dedication requirements are subject to the Parkland Dedication Policy and rates in effect. Please be
advised that an updated Parkland Dedication Policy and By-law were approved by City of Kitchener Council
on August 22 2022. This update includes but is not limited to changes to the classes of lands requiring
Parkland Dedication, standard land assessment values for determining Parkland Dedication, Parkland
Dedication exemption categories and transition provisions for in -progress applications.
The parkland dedication requirement will be deferred at the Official Plan Amendment/Zoning By-law
Amendment application(s) and assessed at a future Site Plan Application. Parkland dedication will be
assessed based on the land use class(es), residential units and density approved through the OPA and ZBA
and required as a condition of Site Plan Approval. Based on the proposed 100 affordable rental units, an
FSR of 3.56, a site area of 0.23ha and using a land valuation of $3,830,000 and a cap rate of 5% of the land
area for affordable rental housing, Parkland Dedication of $43,088.00 under the new Park Dedication
Bylaw and Policy would be required.
0.23ha x $3,830,000 x 0.05 = $43,088.00
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Paage-
g-_-3 1# 6 of 410
N*
Region of Waterloo
Sarah Coutu
Project Manager
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Ms. Coutu,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionotwaterloo.ca
Melissa Mohr 1-226-752-8622
File: D17/2/22011
C14/2/22018
September 16, 2022
Re: Proposed Official Plan Amendment OPA 22/11 and
Zoning By-law Amendment ZBA 22/18
206-210 Duke Street and 46-50 Madison Avenue
MHBC Planning Inc. (C/O Pierre Chauvin) on behalf of The
Knossos Housing Corporation of Waterloo Region
CITY OF KITCHENER
MHBC Planning has submitted a Site Specific Official Plan Amendment and Zoning By-
law Amendment Application for a development proposal at 206-210 Duke Street and
46-50 Madison Avenue (referred to as subject lands) in the City of Kitchener.
The applicant has proposed the redevelopment of the site with an eight (8) storey, 712.87
square metre (7,673.52 square foot) building that is to contain 100 affordable rental
housing units within a multiple dwelling.
The subject lands are located in the Urban Area and designated Built -Up Area in the
Regional Official Plan. The site is located in an MTSA area of the City of Kitchener and
Designated Medium Density Multiple Residential in the City of Kitchener Official
Plan. The site is zoned Residential Seven (R7) in the City of Kitchener Zoning By-
law. The Applicant has requested an Official Plan Amendment to add a special policy
area to permit an increased FSR of 3.6 (whereas a max. FSR of 2.0 is permitted). The
Applicant has requested a Zoning By-law Amendment to permit an increased FSR of
3.6 (whereas 2.Om is permitted); a minimum rear year setback of 4.5m (whereas 7.5m is
required); an off-site parking ratio of 0.55 per unit (whereas 1 space/unit is required); a
multiple Dwelling Visitor Parking ratio of 0/unit (whereas 0.1 is required for a site with 81+
Document Number: 4180091 Version: 1
Page 171 of 410
units); a balcony to project into a front lot line at 1.16m (whereas 3.Om is required); and,
a canopy to be located at a minimum setback of 1.16m (whereas the by-law regulates a
canopy to extend 1.8m into a required setback at 1.2m).
The Region has had the opportunity to review the proposal and offers the following:
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of
the Regional Official Plan (ROP) and the site is located in a Major Transit Station Area
and designated Medium Density Multiple Residential in the City of Kitchener Official
Plan.
Planned Community Structure:
The majority of the Region's future growth will occur within the Urban Area designation
with a substantial portion of this growth directed to the existing Built -Up Area of the
Region through reurbanization. Focal points for reurbanization include Urban Growth
Centres, Township Urban Growth Centres, Major Transit Station Areas, Reurbanization
Corridors and Major Local Nodes (ROP Section 2.13).
Regional staff acknowledge that the subject lands are located within 500-800 metres of
the Kitchener Market ION stop and the subject lands are within walking distance to
multiple bus stops with routes that connect to the ION. Furthermore, the development
proposes higher density in proximity to the Urban Growth Centre of Kitchener and
Kitchener Market ION Stop.
ROPA 6 Adopted Policies:
The subject lands are located within the Regional Council Adopted Kitchener Market
Major Transit Station Area (MTSA). The development concept proposes a higher
density development that contributes to the minimum density target established for the
Kitchener Market MTSA of 160 people and jobs per hectare. As Major Transit Station
Areas are identified as a Strategic Growth Area, the Region is supportive of increased
density, uses and activity within these areas. The density proposed through this
development is supported within ROPA 6.
Development within Major Transit Station Areas are to be transit -supportive with
development that prioritizes access to the transit station. Regional staff understand that
the development includes pedestrian access to the sidewalk along Duke Street East
and Madison Avenue North. In addition, the development concept proposes a reduction
in the minimum required parking spaces as well as indoor and outdoor bicycle stalls
facilitating access to the planned cycling route on Cedar Street North. The development
conforms to these policies.
Finally, the housing form proposed through these applications include apartment style
residential units. The type of housing proposed through this development will provide
additional mix of housing form within this area.
Document Number: 4180091 Version: 1
Page 172 of 410
In addition to the above planning comments, Regional staff have the following technical
comments relating to the proposed Official Plan Amendment and Zoning By-law
Amendment:
Stationary Noise:
Stationary noise from the proposal (multi -residential development with structured
parking) has the potential to affect the residential uses on site as well as adjacent noise -
sensitive developments. As the specific mechanical equipment selections have not
been selected at this time, Regional staff require a Holding Provision to obtain a
detailed noise study that assesses the impact of the development on itself as well as the
impact of the development on the adjacent noise sensitive land uses surrounding the
subject lands. The required wording for the holding provision is:
That a holding provision shall apply to the entirety of the subject lands until a detailed
stationary noise study has been completed and implementation measures addressed to
the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise
study shall review the potential impacts of the development on itself (e.g. HVAC system
on the sensitive points of reception) and the impact of the development on the adjacent
sensitive land uses.
Corridor Planning:
Official Plan and Zoning By-law Amendment Stage:
Transit Planning.-
Although
lanning:Although not a Regional requirement of the Official Plan and Zoning By-law Amendment
Application, the Region has received a copy of the Transportation Impact Study entitled
"206-210 Duke Street, Kitchener Transportation Impact Study" dated January 2022,
prepared by Paradigm Transportation Solutions Limited as well as a Parking Study
entitled "Parking Study — 206-210 Duke Street East and 46-50 Madison Avenue, City of
Kitchener, ON" dated June 2022, completed by Paradigm Transportation Solutions
Limited and have no objections to the development at the Official Plan Amendment and
Zoning By-law Amendment stage. Regional staff have the following advisory comments
related to the studies:
Regional staff support the reduced parking rate proposed through this application as the
subject lands are in close proximity to light rail transit, frequent bus routes, and
Kitchener's cycling grid. These alternative transit options provide affordable and
sustainable transportation solutions for residents. Regional staff support the rationale
outlined in the report regarding the reduced parking rate and the study conclusion that
include, but are not limited to charging for parking as a separate cost to occupant(s)
(known as "unbundled" parking). In addition, the development is a good candidate for a
publicly accessible car share program and an applicant -subsidized transit program.
These incentives require both an administrative and financial commitment. Should the
applicant consider these programs, a formal agreement between the Applicant/Owner
Document Number: 4180091 Version: 1
Page 173 of 410
and Grand River Transit's Business Account program and additional consultation with
the Region of Waterloo and City of Kitchener is required.
Housing Services
The following Regional policies and initiatives support the development and
maintenance of affordable housing:
• Regional Strategic Plan
o Objective 4.2 requires the Region to make affordable housing more available to
individuals and families.
• 10 -Year Housing and Homelessness Plan
o contains an affordable housing target which is that 30% of all new residential
development between 2019 and 2041 in Waterloo Region is to be affordable to
low and moderate income households.
• Building Better Futures Framework
o shows how the Region plans to create 2,500 units of housing affordable to
people with low to moderate incomes by 2025.
• Region of Waterloo Official Plan
o Section 3.A (range and Mix of Housing) contains land use policies that ensure
the provision of a full and diverse range and mix of permanent housing that is
safe, affordable, of adequate size, and meets the accessibility requirements of all
residents.
The Region supports the provision of a full range of housing options, including
affordable housing. Rent levels and house prices that are considered affordable
according to the Regional Official Plan are provided below. Should this development
application move forward, staff ask the Owner/Developer to consider providing a
number of affordable housing units on the site, as defined in the Regional Official Plan.
In order for affordable housing to fulfill its purpose of being affordable to those who
require rents or purchase prices lower than the regular market provides, a mechanism
should be in place to ensure the units remain affordable and establish income levels of
the households who can rent or own the homes.
For the purposes of evaluating the affordability of an ownership unit, based on the
definition in the Regional Official Plan, the purchase price is compared to the least
expensive of:
Housing for which the purchase price
results in annual accommodation costs
which do not exceed 30 percent of gross
$385,500
annual household income for low and
moderate income households
Housing for which the purchase price is
at least 10 percent below the average
$576,347
purchase price of a resale unit in the
regional market area
*Based on the most recent information available from the PPS Housing Tables (2021).
Document Number: 4180091 Version: 1
Page 174 of 410
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $385,500.
For the purposes of evaluating the affordability of a rental unit, based on the definition of
affordable housing in the Regional Official Plan, the average rent is compared to the
least expensive of:
A unit for which the rent does not exceed
30 per cent of the gross annual
$1,470
household income for low and moderate
income renter households
A unit for which the rent is at or below the
Bachelor:
$950
average market rent (AMR) in the
1 -Bedroom:
$1,134
regional market area
2 -Bedroom:
$1,356
3 -Bedroom:
$1,538
4+ Bedroom:
$3,997
`Based on the most recent information available from the PPS Housing Tables (2021)
In order for a rental unit to be deemed affordable, the average rent for the proposed
units which have fewer than 3 bedrooms must be at or below the average market rent in
the regional market area as shown above. For proposed units with three or more
bedrooms, the average rent for the units must be below $1,470.
Fees
By copy of this letter, the Region of Waterloo acknowledges receipt of the Official Plan
and Zoning By-law Amendment Review fees of $10,000.00 (received September 1,
2022).
Conclusions:
Based on the above, Regional staff have no objection to the applications subject to the
implementation of a Holding Provision to obtain a detailed noise study that assesses the
impact of the development on itself as well as the impact of the development on the
adjacent noise sensitive land uses surrounding the subject lands. The required wording
for the holding provision is:
That a holding provision shall apply to the entirety of the subject lands until a detailed
stationary noise study has been completed and implementation measures addressed to
the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise
study shall review the potential impacts of the development on itself (e.g. HVAC system
on the sensitive points of reception) and the impact of the development on the adjacent
sensitive land uses.
Next Steps:
Please be advised that any future development on the lands subject to the above -noted
application will be subject to the provisions of Regional Development Charge By-law 19-
037 or any successor thereof.
Document Number: 4180091 Version: 1
Page 175 of 410
Further, please accept this letter as our request for a copy of the decision pertaining to
this application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
C. MHBC Planning Inc. C/O Pierre Chauvin (Applicant)
Craig Dumart, Senior Planner, City of Kitchener
Document Number: 4180091 Version: 1
Page 176 of 410
From: Dave Seller
Sent: Tuesday, October 11, 2022 8:46 AM
To: Craig Dumart
Subject: RE: OPA/ZBA comments: 206, 210 Duke Street East and 46, 50 Madison Avenue North
Hi Craig,
We can support a 0.2sp/unit, however, two visitor parking spaces must be provided on-site.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca
From: Craig Dumart <Craig.Dumart@kitchener.ca>
Sent: Tuesday, October 04, 2022 10:54 AM
To: Dave Seller <Dave.Seller@kitchener.ca>
Subject: RE: OPA/ZBA comments: 206, 210 Duke Street East and 46, 50 Madison Avenue North
Hi Dave,
Would transportation planning support a parking rate of 0.2 spaces per unit with 5% being for visitor. It will allow for
flexibility in the future to change the surface parking into units. I believe the parking justification supported a rate as low
at 0.13 space per unit but I wanted confirmation from you first to confirm whether or not transportation would support
a 0.2 parking rate.
Thanks Dave.
Craig
From: Dave Seller <Dave.Seller@kitchener.ca>
Sent: Friday, September 9, 2022 9:20 AM
To: Sarah Coutu <Sarah.Coutu@kitchener.ca>
Subject: OPA/ZBA comments: 206, 210 Duke Street East and 46, 50 Madison Avenue North
City of Kitchener
Application Type: Official Plan and Zoning By-law Amendments
Application: OPA22/011/D/CD & ZBA22/018/D/CD
Project Address: 206, 210 Duke Street East and 46, 50 Madison Avenue North
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: September 9, 2022
Page 177 of 410
a. As part of a complete Zoning By-law amendment application, Paradigm Transportation Solutions Limited submitted
a Transportation Impact Study (January 2022) and Parking Study (June 15, 2022). Transportation Services offer the
following comments.
The applicant is proposing up to 100 dwelling units within an 8 storey residential building. The development is
estimated to generation 32 AM and 40 PM peak hour vehicle trips. The site will be serviced by two access points,
one along Duke Street East and the other along Maddison Avenue North. The current 85-1 zoning by-law parking
requirement for this development is 1.10 space per unit, which equates to total of 110 parking spaces of which 10
spaces are allocated for visitor parking. The applicant is proposing a vehicle parking ratio of 0.55 space per unit,
where 55 parking spaces are being proposed with zero visitor parking. The equates to a parking shortfall of 55
spaces.
Under the 2026 Total Traffic Operations analysis, Duke Street East at the site access point and Madison Avenue
North at the site access points are operating with acceptable Level of Service, vehicle delay and capacity in the AM
and PM peak hours.
A leftturn lane analysis was completed along Madison Avenue North at the access point and assessed at a design
speed of 50km/h. The analysis was in accordance with Minsitry of Transportation of Ontario (MTO) guidelines.
Under the 2026 Total Traffic Operations, a leftturn lane along Madision Avenue North is not recommended. Duke
Stret East is operating as a one-way street in this section and funtions as a right -in right -out only and therefore, no
left turn analysis was completed.
This development is proposed to be all affordable housing units, which typically have a lower parking demand than
typical residential dwellings. Based on the data collected by Paradigm at five affordable housing locations in
southern Ontario, their data yielded parking rates ranging from 0.13 to 0.45 space per unit, which is below the
proposed 0.55 space per unit for this development.
The site is well situated to take advantage of alternative modes of transportation in the area to support a reduced
parking rate. Within 400m of the site, there are three Grand River Transit routes (3, 7, 8) and the ION Kitchener
Market Station. For pedestrian walkability, road networks in the area support sidewalks on both sides, that provide
connections to entertainment, employment and commercial uses.
Based on the TIS and parking study analysis completed by Paradigm, Transportation Services is of the opinion that
this site can function adequately with the proposed vehicle parking rate of 0.55 spaces per unit (55 spaces provided)
and the traffic generated by this development will have minimal impact on the surrounding road network. It is our
belief that visitor parking should be provided on-site. The total parking count would remain as proposed at 55
parking spaces for 100 units, however, five of those parking spaces be allocated to visitor parking. We feel that this
is reasonable based on the parking ratio data collected by Paradigm.
To further support the reduced parking rate being proposed, the vehicle parking spaces must be unbundled from the
cost of a dwelling unit. Also, it is critical that Class A secure bike parking be provided at a minimum rate of 0.5 space
per unit (55 bike spaces) and that the bike parking spaces are located on the ground floor.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca
Page 178 of 410
City of Kitchener
Official Plan and Zone Change Comment Form
Address: 206-210 Duke Street East and 46-50 Madison Ave N
Owner:
Application #: Zoning By-law Amendment and Official Plan Amendment
Comments Of: City of Kitchener — Urban Design- Planning
Commenter's Name: Pegah Fahimian
Email: Pegah.fahimian@kitchener.ca
Phone: 519-741-2200 Ext. 7342
Date of Comments: September 10, 2022
❑ 1 plan to attend the meeting (questions/concerns/comments for discussion)
❑X No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
• Urban Design Brief. July 2022. MHBC
• Site Layout Plan. Prepared by J. L. Cortes
• 3D Rendering, Prepared by J. L. Cortes
• Building elevations and floor plans,
2. Site -Specific Comments & Issues:
• The application proposes to redevelop the subject lands with an apartment building providing 100
affordable residential units. While the concept of residential intensification on this site is positive,
and many previous staff comments have been incorporated into the proposal, some design
modifications must be addressed in the Site Plan Stage to create a development proposal that is
well-designed and appropriate for this site and neighbourhood as detailed below.
Consider additional stepbacks for the upper levels in the building to increase articulation/visual
interest and ensure that building height and massing have a minimal visual impact on adjacent
properties. This will also create room for shared outdoor amenity spaces and facilitate the transition
to low-rise neighbourhoods.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
IB 1#5 of 410
City of Kitchener
Official Plan and Zone Change Comment Form
Minimize the visual impact of parking through the thoughtful placement, orientation, and
articulation of built form. Parking areas shall not be located at the front of the development. Street -
oriented buildings are encouraged to create an activated streetscape and a positive pedestrian
experience. It is recommended to have the first floor along Madison Street as residential units
rather than parking. Locate surface parking away from the public street frontage, preferably at the
rear of the buildings and internal to the site.
The proposed amenity space should be maximized as the space is surrounded by building and
parking lots. The lack of sufficient sunlight and potential shadow from the buildings may affect the
landscape viability and become an underutilized space. In a building with small units, shared indoor
amenities such as a gym, meeting room, and events space with a kitchen (for hosting visitors,
parties, etc.) should be provided. Shared outdoor amenity space is to be provided at grade and in
large, continuous areas where possible to provide the most flexibility for the usage and
programming of the space. The common amenity area should include active play areas for children
with equipment as well as passive amenity areas with seating and shade.
• Please keep in mind the minimum space requirements for multiple residential developments (2sq.m
x # Units) + (2.5 sq.m x # bedrooms- # units) = Outdoor Amenity Space. Please see Urban Design
Manual for further requirements.
• The proposed staircase is not appropriately integrated with the built form and roofline due to its
location; it is highly recommended to relocate it to a more central location on the site. Integrate the
staircase and mechanical penthouse with the overall architectural expression of the building. Where
visible, screen with high-quality materials and green roof/or rooftop amenity space.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
PP6 of 410
City of Kitchener
Official Plan and Zone Change Comment Form
Confirmation and design details of the rooftop amenity space are to be provided.
Confirm that the proposal maintains daily access to at least 5 hours of cumulative direct sunlight to
nearby public areas, open spaces and adjacent low-rise properties under equinox conditions,
beginning with sidewalks located on the opposite side of adjacent ROWS.
Much of the northern portion of the site is heavily treed and with the proposed addition, a
significant amount of on-site vegetation is likely to be removed. Consider ways to keep some of the
existing trees, such as maximizing the setback from the side and back of the property line thus not
interfering with the existing trees and then being able to introduce further landscaping.
3. Comments on Submitted Documents
Urban Design Brief, MHBC Planning
• Place enclosed balconies on east and west elevations to reduce overlook onto surrounding private
spaces.
• Provide a more connected and continuous pedestrian sidewalk/pathway throughout the site.
• Advise on how the garbage storage will be handled on the site and adequate on-site truck
circulation should be provided for garbage pick-up. A full, roofed enclosure or deep well storage
system or storage within a garbage room in the building is required. Provide adequate space for
waste vehicles and containers.
• The proposed material and colours should be compatible with the character of the neighbourhood.
Due to frequent changes in colour and material, the proposed building looks too busy visually.
Please see the enclosed precedents:
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Paage-
g-_-3 A I of 410
City of Kitchener
Official Plan and Zone Change Comment Form
ION -
•
Consider adding further architectural expression to the proposed building fagades; explore options
to maximize utility, interest, and expressiveness of the ground floor of a residential building. This
can include more glazing, articulated main entrance, active uses and amenities, a greater variety of
surface treatments and seating options, and strategic ways of incorporating modern art and visual
elements into the public realm. Options include but are not limited to: a gym or other active
amenity space in the residential lobby, which could also extend to the outside of the building in the
form of a hardscape boardwalk area for yoga, etc.; It is highly recommended to provide a minimum
floor -to -floor height of 4.5 meters for ground floor active uses
• If there is any proposed retaining wall on the site, provide details, cross sections and material
selection. Retaining walls over 1.0m high requires a guardrail at the top of the wall.
• Any units with at -grade access should be provided with a minimum 11 sq.m private patio
area.
• Please ensure all publicly visible fagades are well articulated and detailed. Use materials, details,
colour, architectural projections, etc.
• Utilities locations should be considered at the early design stages. All utility locations
including the meter room and transformer room to be shown on the layout. Building -
mounted or ground-based AC units should be located away from public view and fully
screened.
• All visible elements of a building, including utilities (meters, conduits), HVAC (a/c units, vents) and
loading/servicing areas are to be integrated into the design of the building and shown on elevation
drawings as part of the building elevation approval process. Utility meters should be located within
building niches or on internal end walls of blocks and screened.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
P AI of 410
From: Planning <planning@wcdsb.ca>
Sent: Friday, September 9, 2022 4:51 PM
To: Sarah Coutu
Subject: RE: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA)
Good Afternoon Sarah,
The Waterloo Catholic District School Board has reviewed the subject application and based on our development
circulation criteria have the following comment(s)/condition(s):
A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s).
B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply
and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the
development sign advising prospective residents about schools in the area.
C) That the developer shall include the following wording in site plan agreement to advise all purchasers of
residential units and/or renters of same:
"In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo
Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-
ways to pick up and drop off students, and so bussed students will be required to meet the bus at a
congregated bus pick-up point."
If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Tuesday, August 16, 2022 2:54 PM
To: Metrolinx (GO) - Development (Development.Coordinator@Metrolinx.com)
<development.coordinator@metrolinx.com>; _DL _#_ DSD _Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o
WSP <circulations@wsp.com>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Feds <vped@feds.ca>; GRCA -
Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One -
Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman
<Justin.Read man@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca)
<elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Page 183 of 410
Craig Dumart
From:
Marko Savic
Sent:
Wednesday, August 31, 2022 8:56 AM
To:
Craig Dumart
Cc:
Sarah Marsh
Subject:
206-210 Duke St E
[You don't often get email from, Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
Hi Craig,
I received the notice about 206-210 Duke St E., I'm the home owner of
I won't be able to attend the neighbourhood meeting but my understanding is that this is a fully affordable housing
development. I wanted to write in my full support of it, as we need to increase affordable housing in the city and create
a downtown that's for everyone. My only feedback is that it would be nice if they could work 3 -bedroom units in for
families of all types, but otherwise it's a great addition to the neighbourhood.
Thank you,
Marko
Page 184 of 410
Craig Dumart
From: Keyar Hood
Sent: Monday, September 12, 2022 4:41 PM
To: Craig Dumart
Subject: Regarding the Proposed Development (206-210 Duke St. E. & 46-50 Madison Ave. N.)
You don't often get email from earn why this is important
Hello,
Just emailing to note that I support the proposed development at 206-210 Duke St. E. & 46-50 Madison Ave. N. and
would like to see more infill projects like this going forward.
I also support the proposed amendments listed here.
Regards,
Keyar Hood
Page 185 of 410
Craig Dumart
From: Evan Sugden >
Sent: Saturday, August 27, 2022 1:30 PM
To: Craig Dumart
Subject: 206-210 Duke St E & 46-50 Madison Ave N
[You don't often get email fror om. Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
Hi Craig,
I live at ust north of the subject lands.
I support the proposed development on the above referenced lands, the height, the site-specific zoning, and the
introduction of new residential dwelling units and affordable housing units.
Given the proximity to the Kitchener Market Station LRT stop, the site is within 800 metres of a higher order transit stop
and meets the definition of Major Transit Station Area under the Growth Plan. Therefore, the site is also part of a
Provincially -defined Strategic Growth Area - areas intended for growth and intensification. As such, I do think, with
proper building transitions (45 -degree angular plane), built form, and urban design, that this building could be taller than
8 storeys, to offer even more residential units.
Kind regards,
Evan Sugden
Page 186 of 410
Craig Dumart
From: Wayne Mak
Sent: Monday, September 12, 20221:51 AM
To: Craig Dumart
Subject: Comments on 206-210 Duke St E/46-50 Madison Ave N for Neighbourhood meeting
You don't often get email from mw.mak14@gmail.com. Learn why this is important
Hello Craig,
I'm writing about the proposed development at 206-210 Duke St E & 46-50 Madison Ave N. I live nearby
behind the Kitchener Market at won't be able to make the Neighbourhood meeting, so I wanted
to submit something in writing.
I just want to voice my support for the current proposal. I think this proposal is good for increasing the density in the
area, and brings much needed infill density to the area. I love how this new development will also bring more people to
this area to enjoy, and gives people the choice to live in the area around the Kitchener Market. It's nice to see further
development on this part of Kitchener. I think the reduced parking requirement is fine, with transit options and extra
parking availability in the vicinity.
Have a great day!
Wayne Mak
1
Page 187 of 410
Craig Dumart
From:
Sent:
To:
Subject:
You don't often get email from
Hello Craig,
Sarah Bowman
Friday, September 23, 2022 5:50 PM
Craig Dumart
Neighbourhood Meeting, 206 Duke St. E.
why this is important
Thank you for addressing my concerns at the Neighbourhood Meeting last night. I
listened in by telephone.
Sarah Bowman
1
Page 188 of 410
Craig Dumart
From: Sarah Bowman
Sent: Friday, September 2, 2022 4:41 PM
To: Craig Dumart
Subject: 206 Duke St. East, Kitchener
You don't often get email fror yearn why this is important
Hello Craig,
I am responding to the proposed plan for 206 Duke St. E. as a tenant of an adjoining
property at I applaud the effort to build affordable housing in this part of
the city but I have a number of questions and concerns with this plan as follows:
Small Backyard: Smokers must by regulations be 9 metres from an entrance to the
building. If the backyard is only 4.5 metres, smokers will have to come right to the
property line. That is next to where I am sitting in our backyard. I should not have to
live in the cloud of tobacco smoke from neighbouring properties.
Duke Street Exit: Tenants of 206 Duke using the Duke Street entrance/exit will have a
long way to Weber St. or King St. because:
• Duke St. is one-way from Madison to Cedar; when exiting they have to turn right
to Cedar St. N.
• Cedar St. N. is currently (Sept. 2022) being reconstructed into a one-way street
from Weber to King and on to Church St; meaning a person exiting Duke St. E.
must turn left on Cedar St. N. to King St. and drive around the block to get to
Weber St. E. That's a lot of gas to get to the street behind the building where they
live.
Small Units: You're trying to crowd four people into spaces meant for three people.
Some will need mobility devices which require a lot of space, leaving little room for
furniture. This is cheating. People wait forhousing. They are charged rent -geared -to -
income same as the rest of us. But they're not given the space they are paying for (as
per regulations). That is not right. Better to build another floor or two on top to get
space for the hundred units.
No Visitor Parking: This will cause very serious problems from Day 1. The people who
need to park on a daily basis are:
• social workers and homemakers; the people who need their help may be able to
drive and need a parking spot on site.
• service people for tenants' TV, telephone, etc. and the building's maintenance
• property manager and landlord
• family and friends who visit for half a day
I am aware of this because of living in such a building.
1
Page 189 of 410
Tree -Cutting: I documented the birds (nine species) from April to the present day that
live in the trees you propose to cut down. I also documented the squirrels. Three
families, two species (Eastern Grey Squirrel, American Red Squirrel), live in those trees.
It's my hobby and I post it to websites for scientists. I can give you URLs, stats, and
photos if requested. QUESTION: Where is all this wildlife supposed to live?
Sarah Bowman
z
Page 190 of 410
Craig Dumart
From: Katy Lloyd
Sent: Wednesday, August 31, 2022 8:30 PM
To: Craig Dumart
Subject: Fwd: 206-210 Duke St E.
You don't often get email from
---------- Forwarded message ---------
From: Katy Lloyd <'
Date: Wed, Aug 31, 2022 at 8:25 PM
Subject: 206-210 Duke St E.
;'n why this is important
To: <sarah.marsh@kitchener.ca>, <craigdumartkitchener.ca>
Good day Craig and Sarah,
The original amendment would change the zoning from Neighbourhood Institutional Zone (1-1) to Residential
Seven (R-7) with special use and regulations provisions. We just got a notice in the mail about 206-210 Duke St.E.
We own e have several concerns with this proposed building. The greyed out house model on the
rendering of the invite card.Under these zoning provisions the following must be followed:
Maximum Floor Space Ratio 1.0 this has a ratio of 3.6
Minimum Front Yard for lands identified on Appendix'H' - a) For dwellings and additions to dwellings that project into
the existing front yard constructed after the effective date of this bylaw: i) For that portion of a dwelling with a building
height not exceeding 10.5 metres, the average of the front yards of the abutting lots, minus 1.0 metre. An additional
setback of 1.5 metres shall be required for every additional portion of additional 3.0 metres of building height
thereafter;
The building proposed is a 6-8 storey building. At the minimum of 61 will assume 10' storey height. This gives a 60
foot building which translates to 18.3m. This proposed building is 8m too tall at the low end of the proposal. It will
block all the windows in my house making privacy a real concern. Not to mention that all the storeys second floor and
above will be able to peer right into the back yard.
Minimum Side Yard a) 1.5 metres for a Dwelling with a Building Height not exceeding 9.0 metres, or b) 2.5 metres for a
Dwelling with a Building Height between 9.0 metres and 10.5 metres, or SECTION 41 Page 11 of 11 City of Kitchener
Zoning By-law 85-1 Office Consolidation: April 26, 2021 c) 6.0 metres for a Dwelling with a Building Height exceeding
10.5 metre
The proposed side yard is far too small to comply with the zoning. Also the balconies on the side of
the building are right in the sightlines of the windows .on the side of the house. Can nothing be done in
the design to avoid this?
I am worried this is going to really affect my ability to rent out this house and it will definitely affect my resale value
look forward to your response to see what can be done with this proposed building.
Page 191 of 410
Can you please respond with the zoom link to the meeting on the 22nd? I took a picture of the card, but the zoom link ID
got cut off.
Katv Lloyd
Katv Llovd
Page 192 of 410
Craig Dumart
From:
chad Iloyd
Sent:
Sunday, September 11, 2022 8:36 PM
To:
Craig Dumart
Cc:
Sarah Marsh
Subject:
206-210 Duke St E.
You don't often get email from n. Learn why this is important
Good evening Craig and Sarah,
I have received the information card for the development on Duke St. E. I own the house next door
While I am not opposed to affordable housing, this project presents more questions than answers and appears to be in
contrast to many of the zoning by laws. .
I have done some initial research on the Internet for this proposal. There appears to be many discrepancies between the
drawings posted and the by-laws. The proposal is asking for a variance for the rear yard to be less than 4.5m but on one
of the drawings the building appears to be too close to our property line. Is the developer asking for a variance on our
side too? How far from our property line is the proposed structure going to be?
Is the developer asking for a variance for FSR going from 1.0 to 3.6? There was also a discrepancy on the proposal going
from FSR of 2.0 to 3.6, but the R7 zoning document for the Clty of Kitchener clearly states that all dwellings in these
zones have a FSR of 1.0. Surely if the building is increasing in more than 3 storeys (also outlined in the zoning bylaws)
there must be a proportional change in how far a building can be adjacent to another one.
The balconies on this building will be looking directly into the windows of our house. Is it possible to remove the
balconies from that side.
Lastly, I am wondering if I can get a copy of the presentation from the developer before the meeting so that my wife and
I can review it? I would also like a copy of the drawings that were submitted by the developer. I assume that these are
part of public record? I look forward to your response.
Chad Lloyd
Page 193 of 410
Craig Dumart
From: Benji Wales
Sent: Thursday, September 22, 2022 9:16 PM
To: Craig Dumart
Subject: Re: Follow-up to Duke and Madison community meeting
You don't often get email from n. Learn why this is important
Hey Craig,
Thanks for the expedient and informative response
Sincerely,
-Benji
On Thu, Sep 22, 2022 at 8:51 PM Craig Dumart <Craig.Dumart@kitchener.ca> wrote:
Hi Benji,
Thanks for attending this evening. The applicant was not correct about the outdoor Class B parking requirement. The
By-law will require a minimum of 6 class b bicycle parking space and 50 class A indoor secured bicycle spaces. Its
important to note that the owner is a non -for profit developer and housing provider with some of their funding being
provided by the Region of Waterloo. A mix of unit types is strongly encouraged by the city for all applications we review
however regulated number of bedrooms in a unit is not something the City regulates in our Zoning By-laws, which is
applicable law.
Craig Dumart, BES, MCIP, RPP
Senior Planner I Planning Division I City of Kitchener
(519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craia.dumart5kitchener.ca
,
From: Benji Wales
Sent: Thursday, September 22, 2022 8:39 Vivi
To: Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: Follow-up to Duke and Madison community meeting
!� You don't often get email from n why this is important
Thank you for presenting and fielding so many questions at the community meeting for the Duke and Madison
proposal.
1
Page 194 of 410
I wanted to make a stronger point, less implied, about the minimum bike parking requirement. As noted in the
presentation, the indoor and outdoor parking spaces is about 2 and 50. 1 think this is misaligned with the number of
residences (>100), visitors, and the city's goals to normalize active transportation downtown.
I understand the proposal is in compliance with the current code, but they are also out of compliance with the FSR
requirements by 80% for one lot (3.6 vs 2.0) and 260% for the other (3.6 vs 1.0). It seems to me that there is ample
leverage to propose many more indoor and outdoor bike spaces - I'm certain the profits from an 80-260% increase in
unit density is well more than a few bike rings outdoors.
I also want to echo Sarah Marsh's point about the political nature of this choice. We must remind ourselves that the
developer works in their best interest; by affording them a massive non-compliance with FSR, the city is allowing them
to profit from a great downtown community to which they haven't contributed. If the city doesn't negotiate
requirements that are in line with their mission (active transportation, diverse (family) residents), the developers will
create a downtown in their own vision: transient living where people come, cannot get anywhere, cannot grow, then
leave.
I really love this city. I love the people that make up the city. You are right that the city officials cannot prescribe who
occupies units explicitly, but you can encourage community growth that meets the people's goals implicitly. The
proposal I see here is a good start (targeting affordable housing), but there is plenty of political power to better align
what the development encourages and what makes Kitchener great.
Sincerely,
-Benji Wales
Page 195 of 410
Craig Dumart
From: Jake Riesenkonig _ -
Sent: Sunday, August 28, 2022 10:03 PM
To: Craig Dumart
Subject: Re: 206-210 Duke St E & 46-50 Madison Ave N Development Info
You don't often get email from earn why this is important
Hi Craig,
A phone call would be appreciated.
Please let me know when you're available this week.
Thanks!
Regards,
Jake
The information in this message, including any attachments, is privileged and may contain confidential information
intended only for the person(s) named above. Any other distribution, copying or disclosure is strictly prohibited. If you
are not the intended recipient or have received this message in error, please notify me immediately by reply email and
permanently delete the original transmission from me, including any attachments, without making a copy. Thank you.
From: Craig Dumart <Craig.Dumart@kitchener.ca>
Sent: Friday, August 26, 2022 9:38:29 AM
To: Jake Riesenkonig
Subject: Re: 206-210 Duke St E & 46-50 Madison Ave N Development Info
Hi Jake,
All relevant information is available on the city's website. The link is on the postcard you received notifying you about
the proposed development. Would you like to set up a phone call to discuss the development since you are not available
on the 22nd.
Craig
Get Outlook for iOS
From: Jake Riesenkonig, >
Sent: Friday, August 19, 2022 10:52:58 PM
To: Craig Dumart <CraiF,.Dumart@kitchener.ca>
Cc: Jake Riesenkonig <_
Subject: 206-210 Duke St E & 46-50 Madison Ave N Development Info
H You don't often get email from jriesenk@gmail.com. Learn why this is important
U
Hello Craig,
I hope all is well.
1
Page 196 of 410
I am the owner of ght beside this proposed development, and unfortunately I am very concerned
about the ramifications of this to my property.
Unfortunately, I am not available on Sept 22nd, so would it be possible to get more information about this proposal?
Perhaps site plans?
Please let me know.
Thanks!
Regards,
Jake
The information in this message, including any attachments, is privileged and may contain confidential information
intended only for the person(s) named above. Any other distribution, copying or disclosure is strictly prohibited. If you
are not the intended recipient or have received this message in error, please notify me immediately by reply email and
permanently delete the original transmission from me, including any attachments, without making a copy. Thank you.
Page 197 of 410
Craig Dumart
From:
Kate Wills <kwills@mhbcplan.com>
Sent:
Monday, November 28, 2022 4:18 PM
To:
Craig Dumart; Sarah Coutu
Cc:
cortesarch; Pierre Chauvin
Subject:
Duke and Madison
Hi Craig and Sarah.
We have been advised by our client that the distribution of affordable units at Duke and Madison has changed. Based on
numbers and costing for construction, the applicant will be providing 40 affordable dwelling units and 60 units at market
rate.
You had previously asked for the rental rates for the affordable units. These may be different than the numbers in your
report, but the housing consultant has provided the following:
• 3 studio at $570.00 per month
• 5 studio at $589.00 per month
• 2 one bdrm at $680.00 per month
• 25 one bdrm at 758.00 per month
• 5 two bdrm at $875.00 per month
Please note that these rates could change when the new CMHC rents come out in January.
There is a chance that the number of affordable units could increase to 50 units, depending on costing, municipal support
and other factors. Other factors that can change the number of affordable units are Bill 23 and 109.
I left a voicemail for Craig this afternoon to explain the changes outlined in this email.
If you would like to coordinate a meeting to discuss these changes, please let me know.
Thankyou
Kate
KATE WILLS, BES, MCIP, RPP I Associate
1 am currently working remotely and can best be reached at kwills(a)mhbcplan.com
M H BC Planning, Urban Design & Landscape Architecture
540 Bingemans Centre Drive, Suite 200 1 Kitchener I ON I N2B 3X9 I T 519 576 3650 1 C 519 635 9999 1 F
519 576 0121 1 kwills(a-)mhbcplan.com
Follow us: Webpage I Linkedin I Facebook I Twitter I Vimeo
i
Page 198 of 410
This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or otherwise exempt from
disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, please advise us
immediately and delete this email without reading, copying or forwarding it to anyone.
Page 199 of 410