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HomeMy WebLinkAboutDSD-2021-68 - Draft Plan of Condominium 30 CDM-21206 - ZBA21/003/G/CD - 450 Bridgeport Road - Will-O Homesi ,Staff Report �T R Dbvelo n7entServicesDq,oartr7ent www.kitchenerca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 14, 2021 SUBMITTED BY: Bustamante, Rosa - Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Dumart, Craig — Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: May 10, 2021 REPORT NO.: DSD -2021-68 SUBJECT: Draft Plan of Condominium (Vacant Land) 30CDM-21206 Zoning By-law Amendment ZBA21/003/B/CD 450 Bridgeport Road Will -O Homes RECOMMENDATIONS: That Zoning By-law Amendment Application ZBA21/003/B/CD for Will -O Homes be approved in the form shown in the "Proposed By-law", and "Map No. 1", attached to Report DSD -2021- 68 as Appendix `A'; and, That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, hereby grants draft approval to Condominium Application 30CDM-21206 for 450 Bridgeport Road in the City of Kitchener, subject to the conditions attached to Report DSD 2021-068 as Appendix `B'; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA21 /003/B/CD; REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation to approve the Zoning By-law Amendment and Draft Plan of Condominium (Vacant Land) applications for subject lands located at 450 Bridgeport Road. Community engagement included: o circulation of a preliminary notice letter to owners of property within 120m of the subject site; o installation of notice signage on the property; o follow up one-on-one correspondence with members of the public; o notice letter advising of the public meeting was circulated to all property owners within 120 metres of the subject site, those who responded to the preliminary circulation; and, o notice of the public meeting was given in The Record on May 21, 2021. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. EXECUTIVE SUMMARY: Will -0 Homes, the owner of the subject lands, is proposing a Draft Plan of Condominium (Vacant Land) which will consist of 8 units and a common element area as shown on the attached draft plan of Condominium (Appendix `B'). A Vacant Land Condominium is like a plan of subdivision except the road is privately -owned rather than publicly owned and lots are referred to as "units" in a Vacant Land Condominium. Units 1 through 8 will each contain a residential dwelling with landscaped areas. The private road and landscaped areas will make up the common element area. Vacant Land Condominium applications do not determine the type of development, scale, or use, as these technical details have already been reviewed and approved through the zoning and site plan process. Rather, the purpose of this application is to permit the individual ownership (the tenure) of each of the condominium units. To facilitate the Vacant Land Condominium application, the applicant has also requested a technical Zoning By-law Amendment. The original Zoning Bylaw Amendment ZC17/015/B/AP was approved in 2019 to permit the development of 8 single detached dwellings on the subject lands with the zoning regulations structured for a different form of condominium tenure (a standard condominium). Subsequently, a site plan was approved which laid out the privately -owned road, landscaped areas and the single detached dwelling parcels. With this Zoning By-law Amendment, the applicant is proposing to add a site-specific regulation to allow the individual units (lots) created through the Vacant Land Condominium to have minimum lot widths of 14.1 metres and minimum lot areas of 443 square metres. This amendment is needed because the zoning regulations for a Vacant Land Condominium have to be met for each individual lot rather than considering the entire property as one lot or development as the original zoning was established. The proposed Zoning By-law Amendment is a technical change to the Zoning By-law and will not result in any changes to the approved site plan. It will continue to restrict a maximum of 8 eight single detached dwellings on the subject lands at 450 Bridgeport Road. The subject lands have received full site plan approval and 5 of the 8 residential dwellings are currently built or under construction. BACKGROUND: In 2019 a Zoning By-law Amendment was approved for the subject lands at 450 Bridgeport Road to rezone the property from Residential Two Zone (R-2) to Residential Two Zone (R-2) with Special Regulation Provision 749R (DSD 19-064). Special Regulation 749R allows the following: • a maximum of 8 single detached dwellings on the subject property (whereas the R-2 zoning typically allows only 1 single detached dwelling per property); • Limits the minimum lot area to the current size of the entire property; • Ensures appropriate building setbacks to the front, side, and rear lot lines; • Ensures adequate distance separation between the single detached dwellings; • Establishes appropriate setbacks from the private road to the single detached dwellings. In summary, the existing zoning provisions allow 8 single detached dwellings on the subject property and ensures appropriate minimum setbacks to the existing property lines for this property (rather than the individual lots of each of the 8 dwellings. GENERAL GENERAL DR PL y�0 G ti C7 ILSUBJECT 1D�'EpG¢� RD aR m -a r AREA Qo�� 'ae o \4NO PSE Figure 1 - Location Map: 450 Bridgeport Road 4 The subject property is located on the north side of Bridgeport Road, between the onramp to Highway 85 and Lancaster Street West (Figure 1). The surrounding neighbourhood is composed of low density residential uses, mainly single and semi-detached dwellings, with 3 churches interspersed. The properties to the west (side) and north (rear) of the subject property front onto Lang Crescent, and contain single detached dwellings constructed in the early to mid-1960s. The subject property is a large lot with a lot width of approximately 51.5 metres (169 feet), a depth of 124 metres (407 feet), and an area of 0.7 hectares (1.6 acres). A Site Plan is fully approved to allow the site to be developed with 8 single detached dwellings with a private road. Five of the 8 single detached dwellings are currently built or under construction. �I r ExeLiq Rersidernal SITE STATISTICS Zoning- R,2 with Special Regulation Provision 749R Total Site Iia- 66W.1rrV Road Widening Area- 188.50 Building Coverage- 1513.8m° ( 23.4%) Landscaped Area- 3700.7iY ( 57.3%) Asphalt Area- 1247.1 m' ( 19.3%) MULTI -RESIDENTIAL Number of Units: 8 Density: 12.03 u.p.h. Parking Required - 8 units (@ 1.00 J Oil) = 8 spaces Parking Provided - 16 spaces Nates: 1. Privale curbside garbage pick up. 2. Garages to be 4.3m x 8:1m wllh 3m +ode garage door. Figure 2 — Approved Site Plan for 8 single detached dwellings at 450 Bridgeport Road REPORT: The owner is proposing a Vacant Land Condominium which will consist of 8 units and a common element area as shown on the attached draft plan of Condominium (Appendix `B'). Units 1 through 8 will contain a residential dwelling with landscaped areas. A private road and landscaped areas will make up the common element. To facilitate the Vacant Land Condominium application, the applicant has also requested a Zoning By-law Amendment. The current zoning regulations for the subject lands regulate lot area and lot width for the entire lot and additional site specifics regulations are required to be added to regulate the individual Vacant Land Condominium units (lots) lot width and lot areas. The applicant is proposing to add a site-specific regulation to allow the individual units (lots) created through the Vacant Land Condominium to have minimum lot widths of 14.1 metres and minimum lot areas of 443 square metres. Additionally, Section 5.21A of Zoning By-law 85-01 will apply and will require Units (lots) to comply with all other applicable zoning regulations, including but not limited to setbacks, build height and parking. This general regulation of the Zoning By-law ensures future owners redevelop or expand their homes in compliance with the vision and policies in the City's Official Plan. The proposed Zoning By-law amendment is a technical change to the Zoning By-law and will not result in any changes to the approved site plan. The proposed zoning will continue to restrict a maximum of 8 eight single detached dwellings on the subject lands at 450 Bridgeport Road. Staff is supportive of the proposed Draft Plan of Condominium (Vacant Land Condominium) and Zoning By- law Amendment. Planning Analysis: Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. Planning staff are of the opinion that the requested applications are consistent with the policies and intent of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The subject lands are within the `Built -Up Area" as defined by the 2020 Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services. The proposal conforms with the policies of 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 proposal conforms to the policies of this plan. Through the review of the application, the Region of Waterloo has no objections to the proposed Zoning By-law Amendment or draft approval of Plan of Condominium (Vacant Land) and provided conditions of Draft Approval (see Appendix "B"). City of Kitchener Official Plan: Urban Structure The subject lands are located within the `Community Areas' in the City's Urban Structure (Map 2 of the Official Plan). The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Land Use Designation The subject lands are designated Low Rise Residential and Open Space (Map 3) in the 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low-rise multiple dwellings. The Low Rise Residential land use designation considers a Floor Space Ratio up to 0.75 and allows a maximum building height of 3 storeys or 11 metres. Policy Conclusion Planning staff are of the opinion that the proposed Zoning By-law Amendment and draft approval of Plan of Condominium (Vacant Land) are consistent with policies of the Provincial Policy Statement, conform to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are currently zoned Residential two Zone (R-2) with Special Regulation Provision 749R. The applicant has requested an amendment to Zoning By-law 85-1 to amend the zoning on the lands to Residential Two Zone (R-2) with Special Regulation 749R and Special Regulation 770R. Special Regulation 749R currently applies and will continue to regulate the location of buildings and the overall property. Special Regulation 770R will allow for the creation of individual units (lots) within a Vacant Land Condominium and will ensure the units are appropriate in lot area, and dimensions and building setbacks. The new Special Regulation will not allow for additional single detached dwellings to be added to the lands nor will it result in any physical changes to the site. The proposed Zoning By-law Amendment is technical in nature and staff recommend that it be approved as shown in Appendix `A' Department and Agency Comments: Preliminary circulation of the Zoning By-law Amendment and the Draft Plan of Condominium (Vacant Land) was undertaken on March 30, 2021 to applicable City departments and other review authorities. No concerns were identified by any commenting City department or agency. A consolidation of comments have been included in Appendix `D' of this report. The following reports and studies were considered as part of this proposed Zoning By-law Amendment and Draft Plan of Condominium (Vacant Land): • Scoped Planning Justification Report Prepared by: GSP Group, March 2021 Community Input & Staff Responses Staff received four written responses from four households with respect to the proposed applications. These may be found in Appendix `E'. A summary of what we heard, and staff responses are noted below. Comment Staff Response Can staff provide clarification on Staff provided clarification that the proposed applications what the proposed applications are were technical in nature and no changes were proposed to for? the approved site plan. The purpose of this Condominium application is to permit the individual ownership (the tenure) of each of the residential units and the Zoning By-law amendment is required to facilitate the condominium application. Will the location of the houses No, the Zoning By-law Amendment and Draft Plan of change? Condominium applications will not result in any changes to the approved site plan. The zoning will continue to restrict a maximum of 8 eight single detached dwellings on the subject lands and the buildings are required to comply with the a roved site plan. A condition of the Draft Plan of Condominium approval If the application is approved, what requires the owner to provide 100% letter of credit for site will prevent the current owner to works. This means the City will not release the letter of not finish all landscaping. How can credit until all site works are completed. If the site works are the city ensure outstanding site not completed by the owner after registration, the City can works are completed? draw upon the letter of credit to finish the outstanding site works/landscaping. Planning Conclusions In considering the foregoing, staff are supportive of the Zoning By-law Amendment to facilitate the Draft Plan of Condominium (Vacant Land). Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the applications be approved. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. 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 Notice sign was posted on the property and information regarding the application posted to the City's website. Following the initial circulation referenced below, an additional courtesy notice of the public meeting was circulated to all property owners within 120 metres of the subject lands, those responding to the preliminary circulation and Notice of the Public Meeting was posted in The Record on May 21, 2021 (a copy of the Notice may be found in Appendix `C' CONSULT — The proposed Zoning By-law Amendment and Draft Plan of Condominium (Vacant Land Condominium) were originally circulated to property owners within 120 metres of the subject lands on March 30, 2021. In response to this circulation, staff received written responses from 4 households, which are included in Appendix `E'. PREVIOUS REPORTS/AUTHORITIES: • DSD 19-064 • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Regional Official Plan • City of Kitchener Zoning By-law 85-1 • City of Kitchener Official Plan APPROVED BY: Readman, Justin - General Manager, Development Services APPENDIX& Appendix A — Proposed Zoning By-law Amendment Appendix B — Proposed Conditions of Draft Plan of Condominium Approval and Draft Plan of Condominium Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Public Comments Appendix F — Approved Site Plan PROPOSED BY — LAW 2021 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 — Will -O Homes (C.S.) Inc. — 450 Bridgeport Road) WHEREAS it is deemed expedient to amend By-law 85-1 the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: Schedule Number 80 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 Two Zone (R-2) with Special Regulation Provision 749R to Residential Two Zone (R-2) with Special Regulation Provisions 749R and 770R. 2. Appendix "D" to By-law 85-1 is hereby amended by adding Section 770 thereto as follows: "770. Notwithstanding Section 36.2.1 of this By-law within the lands zoned R-2 and shown as being affected by this subsection on Schedule Number 80 of Appendix `A' the following special regulations shall apply: a) the minimum lot width for each Vacant Land Condominium Unit shall be 14.1 metres; b) the minimum lot area for each Vacant Land Condominium Unit shall be 443 square metres." PASSED at the Council Chambers in the City of Kitchener this day of 2021 Mayor Clerk Z �W Q a � Z O � . oo f oN 0 af J�� O x Z Z Z Q Q Z N Q LL m E O O Z> 0 z o N 0 0 Of N Z O N > ^> > ~ U) LLI U) Q Q N w=�=0 W H z Q ui 0 za-.aa WZw �WOU � o>o � V coo ON Z Z Z Z z O Zp Z W Z z W W > W m p pN o 0L 0 N N ON p p 0 0 w Q W (7 ♦- ♦- - W N W Q d' W �QpQQ ZOLLI ��wN 00� (7 U } U J O (7 U) J���� O�HLL 02�w w w (7 U Z (7 0 _ of x o _ z 00 Q H U � z (7 W 0 HLLI �J�W zQQQQQu�>(�J a �00QZ W O N Q a' ~ w JQJ� QI-1-1-1-1-40�Q WO - O Z O Q La F- Q H Q J r Z Z Z Z Z m O Z X N m H W w w U o�p Of 0 0 c o o CD X Q d 0 � �Z W O Of N W N Q = Z U �a as Ncn cn cncncn w—Z p ��wZ Z w W 0� cnu�cn �Qwwwww�z� N C�Oaw M ZQ� W (n Q Q�N�W d2 Z ♦- 2af J2d'd'd'd'd' J WW �a�>LU LUH0 }�N ch vu?(o cgX=0 U) Z2�� W Z ��♦Q U) QQw>H>Q maw ��� m Z2ZN O ONcUi�OY W va D � N^ Z D o() 1 � W Z uiU W > ss, s Q w 1 ZU Z ~ Q 4.0 Lu C14 IL uj CD LLI a V O N Q > LLI U W'W Z _) J 0 z N Z O LL �s N O o=mss 1 fD LO Not/yo 9L6 HO M 9 0 O -BL 711 - - ----------- 7na3Hos -- -- -- - (V U o N ui ' SER PL `o" w o 1 w ' a 0 J ui 1�1 � 1 JN (n 0 a 0 M 1= M y'v �PNG G cit z U Z 0 O O 0 Z w w 0 i a oOf D 5Q 1 LLI Q m J 0 1 N J 1 U 1 0 U 1 Z 1 Appendix "A" DSD -2021-68 DRAFT PLAN OF CONDOMINIUM 30CDM-21206 450 Bridgeport Road Will -O Homes RECOMMENDED CONDITIONS OF DRAFT APPROVAL That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-21206 for 450 Bridgeport Road in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-21206 owned by Will -O Homes, dated November 2020 proposing a Vacant Land Condominium Plan for 0.665 hectares of land comprised of 8 units and common elements. Units 1-8: Residential lots for single detached dwellings. Common Elements: private road, and landscaped areas. 2. That the final plan shall be prepared in general accordance with the above noted plan, with a copy of the final plan being approved by the City's Manager of Development Review. 3. That prior to registration, the Owner obtain approval form the City's Addressing Analyst of the following: A. An addressing plan showing the proposed units with Condominium Unit Numbering; and; B. A summary table containing the proposed Condominium Unit Numbering and assigned municipal addresses. 4. That the Condominium Declaration proposed to be registered (the "Declaration") or any amendment thereto to effect the registration of a condominium phase shall be submitted for approval to the City's Manager of Development Review and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services. The said Declaration shall contain: i) Provisions, to the satisfaction of the City's Manager of Development Review and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements including, but not limited to, access lanes, sanitary, storm and water services, gas utilities and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 4 ii) through 4v), as outlined below, to the satisfaction of the City's Manager of Development Review. ii) That the condominium corporation agrees to maintain the subject lands in compliance with approved Site Plan. iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation; iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. v) Provisions that identify if the approved condominium plan is to be phased pursuant to the Act that ensure that: a. the lands in the registered condominium plan created by the registration of the Declaration and Description have either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; b. the lands in any phase registered after the initial registration of the Declaration and Description have, following the registration of such phase, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to c. all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; d. the remainder of the lands of the approved condominium plan not yet registered as part of the proposed condominium plan have, following the initial registration of the Declaration and Description or any phase thereof, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner. e. The City's Manager of Development Review and/or the Region's Commissioner of Planning, Development and Legislative Services may require solicitors' and/or engineers' written opinions as such Manager or Commissioner may deem necessary to establish compliance with any one or more of the conditions set out in the three subparagraphs immediately above. 5. That the Owner provide a written undertaking directed to the City's Manager of Development Review to register a Condominium Declaration which shall include the approved provisions as required in condition 4 hereof. 6. That the Owner provide a written undertaking directed to the City's Manager of Development Review advising that the new home purchasers will be advised in Offers of Purchase and Sale of the location of Centralized Mail Boxes. 7. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 8. That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: a. For any of such easements that are not blanket easements covering the whole property to provide drafts of any required reference plan(s) portraying the proposed easement(s) location for written approval by the City's Manager of Development Review prior to the registration thereof showing the proposed location of such easements and to circulate such draft reference plan(s) for comment to Kitchener Wilmot Hydro Inc., and any telecommunication companies and the City's Director of Engineering Services to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the City's Director of Engineering Services for municipal services. b. if utility easement locations are proposed within lands to be conveyed to, or owned by the City, the Owner shall obtain prior written approval from the City's Manager of Development Review; and c. to provide to the City's Manager of Development Review a clearance letter from each of Kitchener Wilmot Hydro Inc. and the telecommunications company(ies) (if any) supplying telecommunication services to the property. Such letter shall state that company in question has sufficient wire -line communication/telecommunication infrastructure available within the proposed development and have received all required grants of easement, or alternatively, no easements are required. 9. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works to the satisfaction of the City's Manager of Development Review. If the approved condominium plan is to be phased according to the Act, the outstanding and/or uncertified site development works in question shall be only those outstanding and/or uncertified site development works within the lands to be included in the condominium plan by the upcoming registration in question. i) The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformity with the approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Manager of Development Review, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Manager of Development Review. 11. That the Applicant/Owner agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 12. That the Applicant/Owner shall enter into a Registered Development Agreement with the Regional Municipality of Waterloo to implement the findings and recommendations of the noise study entitled "Final Environmental Noise Assessment, 450 Bridgeport Road East, Kitchener', dated August 2017 as prepared by Meritech. The Registered Development Agreement shall be to the satisfaction of the Region of Waterloo; 13. That the Applicant/Owner shall make provisions within the Condominium Declaration and include the noise warning clause in all purchase agreements, deeds and rental agreements for the buildings, as recommended within the noise study entitled "Final Environmental Noise Assessment, 450 Bridgeport Road East, Kitchener' , dated August, 2017 as prepared by Meritech; to the satisfaction of the Regional Municipality of Waterloo; 14. That the Regional Municipality of Waterloo be provided with a copy of the registered development agreement with the City of Kitchener (if required) prior to the final approval of the condominium plan; 15. If the subject lands are serviced by what is deemed to be a Non -Municipal Year -Round Residential Drinking Water System in accordance with the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, prior to final approval, the City of Kitchener shall provide the Region of Waterloo with a copy of the municipal consent submitted to the Ministry of the Environment, Conservation, and Parks as required by the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, and a copy of a registered agreement, where applicable, which secures the terms and conditions of the municipal consent; and the Owner/Developer shall include provisions in the final Condominium Declaration, to the satisfaction of the Region of Waterloo, advising unit owners or tenants that potable water is provided to the subject lands through a Non -Municipal Year Round Residential Drinking Water System and that the Corporation will be responsible to carry out all duties and obligations for the operation and maintenance of the System in accordance with the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, the regulations thereunder and, where applicable, an agreement with the City of Kitchener registered on title. 16. That the Applicant/Owner shall prepare a Salt Management Plan to the satisfaction of the Regional Municipality of Waterloo; 17, That the Applicant/Owner shall make provisions through the Condominium Declaration for the implementation of the recommendations of the approved Salt Management Plan, to the satisfaction of the Regional Municipality of Waterloo; 18. That the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo prior to final approval of the condominium plan. CLEARANCES: That prior to the signing of the final plan by the City's Manager of Development Review, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 10 inclusive have been met. The submission shall include a brief but complete statement detailing how and when each condition has been satisfied. 2. That prior to signing of the final plan by the City's Manager of Development Review, the Regional Municipality of Waterloo shall notify the City's Manager of Development Review that Conditions 4i), 11 through 18 have been satisfied. NOTES: a. The Owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality will apply to any future development on the site. b. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. c. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Department of Planning, Development and Legislative Services and the City of Kitchener Development Services Department of any changes in ownership, agent, address and phone number. d. The owner is advised that the Regional Municipality of Waterloo and City of Kitchener require fees, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, for modification to draft approval and registration release of plans of condominium. e. This draft plan was received on March 20, 2021 and deemed complete March 29, 2021 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended as of that date. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th for consideration. Regional staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. g. When the proposed Description or any amendment thereto to effect the registration of a phase has been completed and approved by the Land Titles Office the same should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and the City of Kitchener has received all required fees, the Regional Release and satisfactory evidence that all conditions of approval have been satisfied, the Manager of Development Review signature will be endorsed on the Description plan or amendment thereto and it will be forwarded to the Land Titles Office for registration. The following is required for registration and under The Registry Act and for our use: Two (2) original mylars Five (5) white paper prints One (1) digital copy r D Z G) C, 7 R U Unit 1 N76°27'00"E Unit 3 BRIDGEPORT RD BLOCK LAND USE # of UNITS AREA (ha.) 1-8 Residential 8 0.46 Common Elements 0.18 TOTAL 0.64 5 15 REVISED: DRAFT PLAN OF VACANT 0 10 Metres LAND CONDOMINIUM WILL -O HOMES SCALE 1: 750 450 BRIDGEPORT ROAD DATE: November, 2020 2. 3 -54.6 X0.3 � rn I� I w I I II I I I II I I I I I I Common I Existing Residential I Elements i I II I I I II II I I 0.3111� 15.3 Unit 2 Qo 3. 57m Road Widening O 51.5 CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated _, 20_ this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this _ day of 20 , and shall come into effect on the _ day of 20, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Manager of Site Development & Customer Service CONDOMINIUM APPLICATION 30CDM-21206 TRACT GERMAN COMPANY PT LOT 59 RP 58R-6963 PART 1 City 0f Kitchener CAD FILE: DEVELOPMENT SERVICES DEPARTMENT, PLANNING 30CDM-21206.dw Existing Residential N73°06'10" E 4.6 Z3 16.2 m 0 14.6 A N Unit 6 w w Unit 7 Unit 8o w I � 4.4 , 11.2 14.6 6.2 � 0.3 29.8 2 2 a Unit 5 w 3T3 Unit 4 3�.1 Unit 1 N76°27'00"E Unit 3 BRIDGEPORT RD BLOCK LAND USE # of UNITS AREA (ha.) 1-8 Residential 8 0.46 Common Elements 0.18 TOTAL 0.64 5 15 REVISED: DRAFT PLAN OF VACANT 0 10 Metres LAND CONDOMINIUM WILL -O HOMES SCALE 1: 750 450 BRIDGEPORT ROAD DATE: November, 2020 2. 3 -54.6 X0.3 � rn I� I w I I II I I I II I I I I I I Common I Existing Residential I Elements i I II I I I II II I I 0.3111� 15.3 Unit 2 Qo 3. 57m Road Widening O 51.5 CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated _, 20_ this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this _ day of 20 , and shall come into effect on the _ day of 20, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Manager of Site Development & Customer Service CONDOMINIUM APPLICATION 30CDM-21206 TRACT GERMAN COMPANY PT LOT 59 RP 58R-6963 PART 1 City 0f Kitchener CAD FILE: DEVELOPMENT SERVICES DEPARTMENT, PLANNING 30CDM-21206.dw PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED ZONING BY-LAW AMENDMENT AND PLAN OF CONDOMINIUM (VACANT LAND) UNDER SECTIONS 34 & 51 OF THE PLANNING ACT 450 Bridgeport Road Will -O Homes is proposing a Zoning By-law amendment to allow for a vacant land condominium consisting of 8 residential units, and common element areas. A private road and landscaped areas will make up the common elements. In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronic public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Monday, June 14, 2021 at 7:00 p.m. (live -stream video available at kitchener.ca/watch now) If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted proposal you may register as a delegation at kitchener.ca/delegations or by contacting Legislated Services at 519-741-2200 ext. 2203 by no later than 4:00 p.m. on June 14, 2021. A confirmation email and instructions for participating in the meeting electronically with be provided once your registration is received. If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATION is available by contacting the staff person noted below or by viewing the report contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the appropriate committee). Craig Dumart, Planner - 519-741-2200 x 7073 (TTY: 1-866-969-9994) craig.dumartakitchener.ca Region of Waterloo Craig Dumart, RPP Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, 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.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D1920/2/212004 C14-60/21003 April 28, 2021 Re: Proposed Standard Plan of Condo 30CDM-21204 and Zoning By-law Amendment (ZBA 21-03) 450 Bridgeport Road GSP Group Inc. (Brandon Flewwelling) on behalf of Will - 0 Homes Inc. (Kevin Smith) CITY OF KITCHENER The Region has received a draft Vacant Land Plan of Condominium and Zoning By-law Amendment for review and comment at 450 Bridgeport Road in Kitchener. The applicant is proposing a Vacant Land Plan of Condominium, which will consist of eight (8) units and a common element road and common element landscaped area. Units 1 through 8 will contain a residential unit with private landscaped areas. To facilitate the Vacant Land Condominium Application, the applicant has requested a technical Zoning By-law Amendment. The applicant is proposing to add a site-specific regulation to allow the individual units (lots) being created through the condominium to have minimum lot widths of 14.1 metres and minimum lot areas of 443 square metres. The proposed zoning will continue to restrict a maximum of eight (8) single detached dwellings on the subject lands. The subject lands are located in the `Urban Area' and designated `Built -Up Area' in the Regional Official Plan and designated Low Rise Residential in the City of Kitchener Official Plan. In addition, the subject lands are zoned Residential Two with Regulation 749 (R2 -749R) Zone in the City of Kitchener Zoning By-law which permits the use. Document Number: 3640002 Version: 1 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 Low Rise Residential in the City of Kitchener Official Plan. Permitted uses of the Urban Area and Built -Up Area in the ROP include urban uses such as residential uses, among others. Regional Staff have no objection to the application, subject to the applicant addressing the following technical comments and conditions: Corridor Planning Environmental Noise: Corridor Planning has reviewed the report entitled "Final Environmental Noise Assessment, 450 Bridgeport Road East, Kitchener", dated August 2017, prepared by Meritech as part of a previous Zone Change application and it is acceptable. The following recommendations contained within the environmental noise assessment shall be implemented through a registered agreement with the Region as a condition of the Vacant Land Plan of Condominium: 1. The developer agrees to implement the recommendations of the report "Final Environmental Noise Assessment, 450 Bridgeport Road East, Kitchener', dated August, 2017 as prepared by Meritech and further agrees that: 2. For all Dwellings: a) The dwellings must be installed with a forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clause will be required to be included within the Condominium Declaration and in all offers of purchase, deeds and rental agreements for the buildings: "This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change". Implementation: a) Prior to the issuance of a building permit, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development as per noise study have been designed as per the recommendations of the noise study. Document Number: 3640002 Version: 1 b) Prior to the issuance of occupancy permits for the development, the City's building inspector or a Professional Engineer qualified to provide acoustical services in the province of Ontario should certify that the noise control measures for the development as per noise study have been properly installed and constructed. In addition, a condition of draft plan approval for the vacant land plan of condominium shall be required to implement the noise -warning clause in the condominium declaration and all offers of purchase, deeds and rental agreements for the buildings. Safe Drinking Water Act Servicing of the subject lands in conjunction with the proposed lots through the vacant land plan of condominium application may result in the creation of a Non -Municipal Year -Round Residential System under the Safe Drinking Water Act (SDWA), 2002. To this end, prior to draft approval, the City, as the provider of water services in this area, is asked to confirm whether the servicing and parcel configuration meet the definition of a Non -Municipal Year -Round Residential System in accordance with the Safe Drinking Water Act, 2002, S.O. 2002, c. 32. If confirmed that a Non -Municipal Year -Round Residential System will be created, the Owner/Applicant is advised to consult with the City to determine what, if any, requirements may be applicable under the Safe Drinking Water Act. Furthermore, as conditions of draft approval, the City of Kitchener will be required to provide the Region with a copy of the municipal consent submitted to the Ministry of the Environment and Climate Change as required by the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, and a copy of a registered agreement, where applicable, which secures the terms and conditions of the municipal consent. The Owner/Applicant will be required to register the Drinking Water System within 30 days of receiving municipal consent, and include provisions in the final Condominium Declaration, to the satisfaction of the Region of Waterloo, and advising unit owners/tenants that of the Drinking Water and that the Corporation will be responsible to carry out all duties and obligations for the operation and maintenance of the System, in accordance with the Safe Drinking Water Act, 2002, S.O. 2002, c. 32. Water Services: Regional Water Services has no concern with the application, but wishes to advise that that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services, January 2021. Hydrogeology and Source Water Protection A Salt Management Plan shall be required as a condition of draft plan approval. The accepted Salt Management Plan shall be incorporated into the Condominium Declaration. Document Number: 3640002 Version: 1 Conclusions The Region has no objections to Zoning By-law Amendment ZBA 21-03 and Draft Plan of Condominium Application 30CDM-21204 subject to the conditions outlined below: Draft Plan of Condominium Conditions: The Region has no objections to draft approval of Plan of Condominium 30CDM-21204, subject to the following conditions of Draft Approval set out below: 1) That the Applicant/Owner agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 2) That the Applicant/Owner shall enter into a Registered Development Agreement with the Regional Municipality of Waterloo to implement the findings and recommendations of the noise study entitled "Final Environmental Noise Assessment, 450 Bridgeport Road East, Kitchener", dated August 2017 as prepared by Meritech. The Registered Development Agreement shall be to the satisfaction of the Region of Waterloo; 3) That the Applicant/Owner shall make provisions within the Condominium Declaration and include the noise warning clause in all purchase agreements, deeds and rental agreements for the buildings, as recommended within the noise study entitled "Final Environmental Noise Assessment, 450 Bridgeport Road East, Kitchener" , dated August, 2017 as prepared by Meritech; to the satisfaction of the Regional Municipality of Waterloo; 4) That the Regional Municipality of Waterloo be provided with a copy of the registered development agreement with the City of Kitchener (if required) prior to the final approval of the condominium plan; 5) If the subject lands are serviced by what is deemed to be a Non -Municipal Year - Round Residential Drinking Water System in accordance with the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, prior to final approval, the City of Kitchener shall provide the Region of Waterloo with a copy of the municipal consent submitted to the Ministry of the Environment, Conservation, and Parks as required by the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, and a copy of a registered agreement, where applicable, which secures the terms and conditions of the municipal consent; and the Owner/Developer shall include provisions in the final Condominium Declaration, to the satisfaction of the Region of Waterloo, advising unit owners or tenants that potable water is provided to the subject lands through a Non -Municipal Year Round Residential Drinking Water System and that the Corporation will be responsible to carry out all duties and obligations for the operation and maintenance of the System in accordance with the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, the regulations thereunder and, where applicable, an agreement with the City of Kitchener registered on title. 6) That the Applicant/Owner shall prepare a Salt Management Plan to the satisfaction of the Regional Municipality of Waterloo; Document Number: 3640002 Version: 1 7) That the Applicant/Owner shall make provisions through the Condominium Declaration for the implementation of the recommendations of the approved Salt Management Plan, to the satisfaction of the Regional Municipality of Waterloo; 8) That the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo prior to final approval of the condominium plan. Fees The Region acknowledges receipt of the Plan of Condominium review fee of $3,950.00 and the Zoning By-law Amendment Review fee of $1,150.00. General Comments 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. 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 Principal Planner C. Will -O Homes (CS) Inc. C/O Kevin Smith (Owner) GSP Group Inc. C/O Brandon Flewwelling (Applicant) Document Number: 3640002 Version: 1 DEVELOPMENT SERVICES DEPARTMENT BUILDING DIVISION Robert Schipper, CBCO Manager of Building City Hall, P.O. Box 1118 200 King St. W., 5th Floor Kitchener, Ontario Canada, N2G 4G7 Phone: (519)741-2836 Fax: (519 741-2775 robert.schipper(a)_kitchener.ca April 7, 2021 Attn: Will -O Homes Subject: Draft Approval - Plan of Condominium application 30CDM-21206 for 450 Bridgeport Rd., Kitchener, Ontario Building Division has no concerns with the Plan of Condominium application. The buildings are currently under construction, and we will be addressing any Building Code deficiencies through the building permit process, under the authority of the Ontario Building Code and Building Code Act. Thank you for giving us this opportunity to respond to this application. Sincerely, Robert Schipper, CBCO Manager of Building c.c. Craig Dumart Craig Dumart From: Sent: To: Subject: No further concerns thanks Cheers, Eric Eric Riek Wednesday, April 07, 2021 4:41 PM Craig Dumart Re: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By-law Amendment (30CDM-21206 - 450 Bridgeport Road) On Apr 7, 2021, at 4:40 PM, Craig Dumart <Craig.Duma rt@kitchener.ca> wrote: Please let me know if this addresses your comments. From: Brandon Flewwelling <brandonf@gspgroup.ca> Sent: Wednesday, April 07, 20214:40 PM To: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: [EXTERNAL] RE: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By- law Amendment (30CDM-21206 - 450 Bridgeport Road) Hi Craig, I have confirmed with the condo lawyer we have no concerns with the wording noted below. Thanks, Brandon Brandon Flewwelling, MCIP, RPP <image018.jpg> Associate - Senior Planner GSP Group Inc. P 519 569 8883 ext. 237 C 226 220 5463 brandonf a()gspgroup.ca 72 Victoria Street South Kitchener, ON, N2G 4Y9 twitter I instagram I linkedin From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: April 1, 20219:21 AM To: Brandon Flewwelling <brandonf@gspgroup.ca> Subject: FW: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By-law Amendment (30CDM-21206 - 450 Bridgeport Road) Hi Brandon, Please confirm you are okay with having wording in the declaration to address the two items below. Craig From: Eric Riek <Eric.Riek@kitchener.ca> Sent: Thursday, April 01, 20219:15 AM To: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: RE: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By-law Amendment (30CDM-21206 - 450 Bridgeport Road) Hi Craig, Engineering has reviewed the condo plans and have the following comments: 1. There are shared infiltration galleries and storm sewers within the unit boundaries. There would either need to be specific clauses for maintenance and access in the condo declarations or these would need to be in common element as they benefit the site as a whole. 2. There are retaining walls within unit boundaries, similar comment to number 1 above. Engineering cannot approve at this time. Please have the applicant provide responses to issues above. Any questions, please advise. Eric From: Linda Cooper <Linda.Cooper@kitchener.ca> Sent: Tuesday, March 30, 202110:09 AM To: Eric Riek <Eric.Riek@kitchener.ca> Subject: FW: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By-law Amendment (30CDM-21206 - 450 Bridgeport Road) Hi, For your review and comments. Thanks, Linda Linda Cooper, L.E.T, C.E.T Manager I Development Engineering I City of Kitchener 519-741-2200 ext. 7974 1 TTY 1-866-969-9994 1 linda.cooper(a kitchener.ca <image019.png> <image02O.png> <image02l.png> Craig Dumart From: Steven Ryder Sent: Wednesday, April 07, 2021 3:35 PM To: Craig Dumart Subject: FW: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By-law Amendment (30CDM-21206 - 450 Bridgeport Road) Attachments: Agency letter Plan of Condominium 450 Brideport Circulation Letter.pdf Hi Craig, No concerns from Transportation Services. Regards, Steven Ryder, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven. R. derAkitchener.ca `" Please consider the environment before printing this e-mail. From: Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca> Sent: Tuesday, March 30, 20219:38 AM To: Steven Ryder <Steven.Ryder@kitchener.ca> Subject: FW: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By-law Amendment (30CDM- 21206 - 450 Bridgeport Road) From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, March 30, 20219:22 AM To: Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Barb Fairbairn <Barb.Fairbairn@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Canada Post -Jamie Bere <iames.bere@canadapost.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; DSD - Planning Division <DSDPIanningDivision@kitchener.ca>; Feds <vped@feds.ca>; Feras AbdulHadi <Feras.AbdulHadi@kitchener.ca>; GRCA (North Kitchener) - Trevor Heywood <theywood@grand river.ca>; GRCA (South Kitchener) - Chris Foster-Pengelly <cfosterpengeIly@grandrive r.ca>; GRCA (South Kitchener) -Jenn Simons <isimons@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Lesley MacDonald<Lesley.MacDonald@kitchener.ca>; Linda Cooper <Linda.Cooper@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; MPAC <MR21Enguiry@mpac.ca>; Nancy Steinfield <Nancy.Steinfield@kitchener.ca>; Park Planning (SM) <Park.Planning@kitchener.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Region - Clerk <regionalclerk@regionofwaterloo.ca>; Region - Joel Meier <JMeier@regionofwaterloo.ca>; Region - Planning<PlanningApplications@regionofwaterloo.ca>; Region - Tim Walden (TWalden@regionofwaterloo.ca) <TWalden@regionofwaterloo.ca>; Robert Schipper <Robert.Schipper@kitchener.ca>; Rogers (SWOGR-PERMITS@ rci.rogers.com) <SWOGR-PERMITS@rci.rogers.com>; Steven Ryder <Steven.Ryder@kitchener.ca>; UW - SA <Steven.amirikah@uwaterloo.ca>; WCDSB - Planning Craig Dumart From: Michelle Drake Sent: Tuesday, March 30, 2021 11:09 AM To: Craig Dumart Cc: Victoria Grohn Subject: FW: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By-law Amendment (30CDM-21206 - 450 Bridgeport Road) No heritage planning concerns. Michelle From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, March 30, 20219:22 AM To: Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Barb Fairbairn <Barb.Fairbairn@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Canada Post -Jamie Bere <james.bere@canadapost.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; DSD - Planning Division <DSDPlanningDivision@kitchener.ca>; Feds <vped@feds.ca>; Feras AbdulHadi <Feras.AbdulHadi@kitchener.ca>; GRCA (North Kitchener) - Trevor Heywood <theywood@grand rive r.ca>; GRCA (South Kitchener) - Chris Foster-Pengelly <cfosterpengeIly@grandrive r.ca>; GRCA (South Kitchener) -Jenn Simons <jsimons@grandrive r.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Lesley MacDonald<Lesley.MacDonaId@kitchener.ca>; Linda Cooper <Linda.Cooper@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; MPAC <MR21Enquiry@mpac.ca>; Nancy Steinfield <Nancy.Steinfield@kitchener.ca>; Park Planning (SM) <Park.Planning@kitchener.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Region - Clerk<regionalclerk@regionofwaterloo.ca>; Region - Joel Meier <JMeier@regionofwaterloo.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Region - Tim Walden (TWalden@regionofwaterloo.ca) <TWalden@regionofwaterloo.ca>; Robert Schipper <Robert.Schipper@kitchener.ca>; Rogers (SWOGR-PERMITS@rci.rogers.com) <SWOGR-PERMITS@rci.rogers.com>; Steven Ryder <Steven.Ryder@kitchener.ca>; UW - SA <Steven.amirikah@uwaterloo.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Parmi Takk <Parmi.Takk@kitchener.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca> Cc: Craig Dumart <Craig.Duma rt@kitchener.ca> Subject: Circulation for Comment - Draft Plan of Condominium and Proposed Zoning By-law Amendment (30CDM-21206 - 450 Bridgeport Road) Please see attached. Comments or questions should be directed to Craig Dumart, Planner (copied on this email). Christine Kompter Administrative Assistant 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 TTY 1-866-969-9994 christine.kompter@kitchener.ca Craig Dumart From: Sent: Tuesday, April 13, 2021 12:04 PM To: Craig Dumart Cc: Reg Leland Subject: [EXTERNAL] re: zoning by-law amendment at 450 bridgeport road Hello Craig I am seeking clarification regarding house area compared to property boundaries. Specifically I am looking at unit #3. It appears that the house to be built will have have it's southern boundary end at the northern property line of 107 lang.(my property) while the property line actually extends to approx. the middle of 107 lang. I want to know exactly where unit #3 house will be built in relation to my property. Also, are there plans for planting trees to enable privacy. Also what are the dimensions of the labelled "Landscaped Area" thanks... reg leland 107 lang cresent Craig Dumart From: Jm> Sent: Wednesday, April 07, 2021 7:46 PM To: Craig Dumart Subject: [EXTERNAL] 450 Bridgeport Road Craig I am resident that backs on to 450 Bridgeport Road and have received a letter regarding this property with a zoning bylaw amendment. We are having some difficulty with the intent of this proposal and will like some further clarification before we comment can you please contact me nr_ 270 Shoemaker Street .19 https.Hurldefense.com/v3/_http:, -- •IIP19 NBbORQ!XHSKM43DCKeu42iMpOT71O1FbhP3Az cgAHFQFLRoz7516-tPsWzJlGOrneio4o2uariumuw,,) Craig Dumart From: Sent: Wednesday, April 28, 2021 4:23 PM To: Craia Dumart Cc: Subject: [EXTERNAL] File 30CDM-21206 450 Bridgeport Rd Dear Craig, I am writing on behalf of our family at 101 Lang Crescent in response to a letter received about the Vacant Land Condominium Proposal being done at 45- Bridgeport Rd. This has certainly been a difficult situation to say the least. We have had to deal with a very disrespectful Will -O Homes, putting our environment, residents and children in danger really. We have had a sheer lack of respect on a daily/weekly/monthly basis. We have had workers not safely going about the jobsite, not wearing protective equipment as required by the Ministry and at times belligerent behaviour from both the owner of Will -O homes and his representatives when bringing these issues forward. With now another change to the proposal/plan, it puts us at even more risk for issues to arise with having to deal with different people moving forward. There have already been so many issues that have not yet been looked, taken care of or resolved. When we had a meeting in front of council, the recommendation that we had put forth about a safer environment right in our backyard was discussed and approved! There was to be an eight foot fence, NOT made of wood, and here we sit with a six foot fence, made of wood. The driveway faces and would move right into our backyard, so this needs to be addressed immediately, before the project is complete and people move in. We have a young family that plays in the yard. Please provide a timeline for this to be done. As mentioned, this had already been approved and written in the specifications which I am sure you already have, however, if needed, I am happy to provide. They were supposed to clear cut only a certain % of trees and we lost them ALL!! No explanation or ramifications to the builder at all and that is irresponsible. There is also a house build right behind our property, a two story home, that seems to be beyond what is approved guideline and we would like to have it measured for height specifications and provided a copy of the report upon completion. There have been no City representatives out to this property to our knowledge for inspections, guidelines, safety etc. Can you please explain why this is the case, when we have made several calls to the City and MOL. Given the unsafe, disrespectful way this project has been managed, it is imperative that the City holds this company more accountable. They are now trying to sell off properties to a company and not finish their own project, which lends a whole new mess to everyone around. We have shared and will continue to share our concerns on safety, following law and keeping the residents around safe, as it is due diligence. We feel strongly that no additional changes or applications for any changes should be allowed at this time as they are not even following law and respect as it is at this point and we are extremely concerned with safety, property values, and many other things. Please address them with due diligence as opposed to how much money it will bring the city in taxes. We look forward to your reply. 101 Lang Crescent Craig Dumart From: Sent: Tuesday, April 27, 2021 7:21 PM To: Craig Dumart Subject: [EXTERNAL] 450 Bridgeport Road Dear Craig, We are writing in response to a letter we received in regards to a Vacant Land Condominium Proposal for the construction being done at 450 Bridgeport Road in Kitchener. This development is happening in our backyard and since the land was purchased we have had to deal with disappointment after disappointment, ignorance and a hostile developer who could care less about the people whom he has affected by his actions. We understand that the land was purchased for the purpose of development but we feel that all of the issues that were created could have been handled with a lot more clarity and professionalism. Due to the amount of unpleasant experiences with said developer, we would like to take every action possible to halt or dissuade a decision until our concerns have been dealt with. In the process of stump removal on the lot, damages occurred to our property, specifically our cedars. We lost 4 of them as a result of poor consideration but in addition to that when we brought this to the developers attention he was offensive,belligerent and told us straight out that he would by not means be replacing them. Also, on the original plans we were shown, the suggested height for a fence was 8 feet, we now have a 6 foot fence that seems to have been very poorly constructed. We have had to call the Ministry of Labour as well as By -Law Enforcement to report numerous incidents ranging from starting construction without the appropriate permits which actually resulted in a Stop Work Order by the MOL until an asbestos investigation had been completed. poor site security, improper silt control, dust control as well as safety hazards due to improper fall arrest and Covid 19 protocols. Perhaps the most disappointing part of all of this was the excess tree removal situation. We were told (lied to) when we were assured that 3% of the mature trees would remain once construction began. They clear cut the whole property and then used the excuse that the trees had been removed by a previous owner prior to the initial construction. This too was a lie! Our hope is that some of these concerns can still be corrected so that we feel somewhat compensated for the amount of stress we have had to endure with the whole situation. I am able to provide photos of some of the points mentioned above so please feel free to contact me so that I can provide those to you if needed. 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