HomeMy WebLinkAboutDSD-2021-159 - Draft Plan of Condominium 30CDM-21207 - 60 Trussler Road
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: September 13, 2021
SUBMITTED BY: Bustamante, Rosa, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: August 11, 2021
REPORT NO.: DSD-21-159
SUBJECT: Draft Plan of Condominium (Vacant Land) 30CDM-21207
60 Trussler Road
Elev8 Properties Inc.
Figure 1: Location map
RECOMMENDATION:
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, grant draft approval
to Condominium Application 30CDM-21207 for 60 Trussler Road in the City of Kitchener,
to Report DSD-21-159.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The purpose of this report is to provide a planning recommendation to approve the proposed
Vacant Land Condominium for the property located at 60 Trussler Road.
Community engagement for the Vacant Land Condominium included:
o Circulation of a notice letter to owners of property within 120 metres of the subject
property;
o Staff received 10 neighbourhood responses and corresponded directly with the members
of the public; and,
o Notice of the public meeting was advertised in The Record on August 20, 2021.
This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The owner of the property at 60 Trussler Road is proposing to obtain draft approval for a 5-unit
Vacant Land Condo (VLC) comprising of 5 single detached dwellings.
Staff is supportive of the proposed application that would allow the redevelopment of the subject
site.
BACKGROUND:
Elev8 Properties Inc. has made application to the City of Kitchener for a Draft Plan of Vacant Land
Condominium.
The subject site is located close to the western municipal boundary on Trussler Road. The lands
abut the Heroux Devtek manufacturing facility on Highland Road West to the north; and abut low-
rise residential properties on Cora Drive and Rauch Court to the south and east. The lands currently
contain one single detached dwelling.
The subject site has a frontage on Trussler Road with a lot width of 36.6 metres, a depth of 172
metres and an area of 0.61 hectares.
REPORT:
The owner of the subject lands is proposing a vacant land condominium which will consist of 5 single
detached residential units and common element areas. An internal drive aisle, walkways, retaining
walls, and landscaped areas make up the common elements. The owner has submitted a site plan
application (SP21/022/T/ES) that is currently under review.
The property is designated Low Rise Residential
Two Zone (R-2-law 85-1.
The residential development consisting of 5 lots to be developed with single detached dwellings is
Zoning By-law 85-1.
The vacant land condominium application proposes to create units 1 through 5 and a common
element area as shown on the Vacant Land Condominium Plan
The purpose of the vacant land condominium application is to permit the individual ownership
(tenure) of each of the residential lots within the private street.
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.
Housing related policies in the PPS encourage providing an appropriate range and mix of housing
options and densities to meet projected market-based needs of current and future residents. The
PPS also promotes directing the development of new housing towards locations where appropriate
levels of infrastructure and public service facilities are available to make efficient use of land. The
proposed development is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan promotes development that contributes to complete communities, creates street
configurations that support walking, cycling and sustained viability of transit services and which
creates high quality public open spaces.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of
the minimum intensification and targets in this Plan, as well as the other policies of 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.
Planning staff are of the opinion that the applications conform to the policies of the Growth Plan.
Regional Official Plan (ROP), 2010:
The subject site is located within the Urban Area and Built-Up Area in the Regional Official Plan.
Permitted uses of the Urban Area and Built-Up Area in the ROP include a mix of housing uses
including condominium units. Regional policies support a diverse range and mix of permanent
housing options including the housing style proposed through this application.
The
identified in the Regional Official Plan. Policy 2.C.2 sets a target of 45% of new residential
development to occur within the Built-Up area (as opposed to an urban greenfield area). This
proposal would contribute to that target and represents reurbanization within the built-up area that
results in a higher density than existed previously.
In addition, policy 2.D.1 states that in reviewing development applications, the Region and area
municipalities will ensure that development occurring within the urban area is planned and
developed in a manner that:
is serviced by a municipal; drinking-water system and a municipal wastewater system
protects the natural environment, and surface water and groundwater resources
respects the scale, physical character, and context of established neighbouhoods in areas
where reurbanization is to occur
Based on Staff review and comments from the Region of Waterloo, Staff is of the opinion that the
application conforms to the Regional Official Plan.
Official Plan
located within the Low Rise Residential designation in the Official Plan are intended to accommodate
a full range of housing types such as low rise residential developments. Integration of different forms
of housing achieve a low overall intensity of use.
of housing, including redevelopment:
Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and
tenures such as rental housing, freehold ownership and condominium ownership including common
element condominium, phased condominium and vacant land condominium, as a means of
increasing housing choice and diversity.
Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will
be designed to respect existing character. A high degree of sensitivity to surrounding context is
important in considering compatibility.
Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of
housing types and styles both across the city as a whole and within neighbourhoods.
Based on the above housing policies, staff is of the opinion that the application conforms to the
Official Plan.
Department and Agency Comments:
A copy of all comments received from the commenting agencies and City departments are attached
Community Input and Staff Responses:
Staff received 10 written responses from nearby residents (attached as The residents
had questions about how a vacant land condominium works, the height of the proposed buildings,
traffic concerns, and questions about the proposed fence along the drive aisle. Planning staff
responded directly to the residents by phone and email to answer questions and listen and
understand their concerns.
How a Vacant Land Condominium Works:
-
ach unit would contain
just one single detached dwelling each.
Building Height:
Residents asked how high the buildings were permitted to be built. Staff informed residents that the
maximum height in the Residential Two (R-2) zone is 10.5 metres, approximately 3 storeys.
Traffic:
Some residents questioned the traffic that would be caused by the development. Most of that
concern was related to the previous concern that each unit would contain multiple units. Once it was
understood that only 5 overall units are proposed, this quelled traffic concerns.
Fence:
Many residents expressed interest in the provision of a fence along the drive aisle. There is an
existing fence but it is in poor condition Zoning By-law policies require a 1.8 metre (6
foot) visual barrier (wood fence), but residents felt that this would not be sufficient as there is a grade
differential between backyards on Cora Drive and the subject site. The residents requested a 2.44
metre (8 foot) fence instead, which the applicant has agreed to provide.
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the C
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM
committee meeting. A notice of the public meeting was placed in the newspaper on August 20, 2021
(Appendix B
CONSULT The Application was circulated to property owners within 120 metres of the subject
lands on April 21, 2021
website with the agenda in advance of the committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
Zoning By-law 85-1
Official Plan, 2014
Regional Official Plan, 2010
Provincial Policy Statement, 2020
Planning Act, 1990
Growth Plan, 2020
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Draft Approval Conditions and Draft Plan of Condominium 30CDM-21207
Newspaper Notice
Department and Agency Comments
D Neighbourhood Comments
DSD-20-159
DRAFT PLAN OF CONDOMINIUM 30CDM-21207
60 Trussler Road
Elev8 Properties Inc.
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-21207 for 60 Trussler Road in the City of Kitchener, subject to
the following conditions:
1. That this approval applies to Draft Condominium 30CDM-21207 owned by Elev8 Properties
Inc., dated January 7, 2021 proposing a Vacant Land Condominium Plan for 0.61 hectares
of land comprised of 5 units and common elements.
Units 1-5: Residential lots for single detached dwellings.
Common Elements: Internal drive aisle, walkway, and landscaped areas.
2. That the final plan shall be prepared in general accordance with the above noted plan, with
3. That prior to registration, the Owner obtain
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. The Owner shall submit a draft Condominium Declaration, for app
Development and Legislative Services. The said Declaration shall contain:
i) provisions, to the satisfaction of the Regional
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, and open space/amenity
areas, if any.
In addition, the Declaration shall contain specific provisions 3 ii) through 3vii), as outlined
ii) That private sidewalks, driveways and parking areas be maintained in a snow free
condition and void of any obstructions 12 months of the year.
iii) That the condominium corporation agrees to develop and maintain the subject lands
in compliance with approved Site Plan.
iv) That access rights to Kitchener-Wilmot Hydro Inc. facilities on the subject property
will be maintained.
v) That the home mail delivery will be from a designated Centralized Mail Box.
vi) That easements, as may be required, for servicing and/or access across the
condominium lands are to be conveyed to: City of Kitchener, Regional Municipality of
Waterloo, Kitchener-Wilmot Hydro, Bell Canada and any
communication/telecommunication company.
vii) That the Condominium Corporation and Unit Owners, would at their expense, be
obligated to implement and maintain the approved Salt Management Plan related to
winter snow and ice clearing.
5. That the Owner covenant and agree in writing 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 shall provide an undertaking 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
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) to provide reference plan(s) showing the easements to Hydro, communication/
of Development Review;
(b) to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the C
Engineering Services for municipal services;
(c) to ensure that there are no conflicts between utility or municipal service easement
locations and any approved Tree Preservation/Enhancement Plan;
(c) if utility easement locations are proposed within lands to be conveyed to, or presently
Manager of Development Review
Manager of Development Services; and
(d) to providManager of Development Review, a clearance letter from each
of Hydro, Bell Canada and other pertaining communication/telecommunication
companies. Such letter shall state that the respective utility company has received
all required grants of easements, 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 as may be
identified through the Site Plan process to the satisfaction of the City
Development Review.
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 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 the Owner confirms that sufficient wire-line communication/telecommunication
infrastructure is currently available within the proposed development to provide
communication/telecommunication service to the proposed development to the satisfaction
of Bell Canada or other communication/telecommunication company.
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 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;
13. That the Applicant/Owner shall make provisions through the Condominium Declaration for
the implementation of the approved Risk Management Plan, to the satisfaction of the
Regional Municipality of Waterloo;
14. That the Condominium Declaration be completed to the satisfaction of the Region of
Waterloo and a copy forwarded to the Region prior to final approval of the condominium plan
15. That the Owner enters into an agreement with the City of Kitchener to include the following
warning clauses in all offers of purchase and sale, and/or lease/rental agreements for all
units, and included in the condominium declaration:
a) "Purchasers/tenants are advised that due to the proximity of the adjacent industrial and
commercial facilities, noise from these facilities may at times be audible."
b)
CLEARANCES:
1. Manager of Development Review, the
Owner shall submit a detailed written submission outlining and documenting how conditions
3 through 15 inclusive have been met. The submission shall include a brief but complete
statement detailing how and when each condition has been satisfied.
2. Manager of Development Review, the
Manager of Development Review
that Conditions 4i), vii), and 11 through 15 have been satisfied.
NOTES:
1. 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.
2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96
as amended, under the Registry Act.
3. Draft approval will be reviewed by the Manager of Development Review from time to time to
determine whether draft approval should be maintained.
4. 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.
5. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 96-025,
pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees
for application, recirculation, draft approval, modification to draft approval and registration
release of plans of condominium.
6. This draft plan was received on February 19, 2021 and deemed complete on February 19,
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.
7.
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. 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.
8. When the survey has been completed and the final plan prepared to satisfy the requirements
of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply
with the terms of the approval, and we have received assurance from the Regional
Municipality of Waterloo and applicable clearance agencies that the necessary arrangements
have been made, the Manager of Development Review signature will be endorsed on the
plan and it will be forwarded to the Registry Office for registration
The following is required for registration and under The Registry Act and for our use:
Two (2) original mylar
Five (5) white paper prints
One (1) digital copy
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DSD-21-159
Appendix B
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND AN ELECTRONIC PUBLIC MEETING TO DISCUSS
A PROPOSED VACANT LAND CONDOMINIUM
UNDER SECTION 51 OF THE PLANNING ACT
60 Trussler Road
The City of Kitchener has received an application for a vacant land condominium consisting of 5 residential units
(single detached dwellings), and common element areas. An internal drive aisle, walkway, 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, September 13, 2021 at 7:00 p.m.
(live-stream video available at kitchener.ca/watchnow)
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 September 13, 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).
Eric Schneider, Planner - 519-741-2200 x 7843 (TTY: 1-866-969-9994); eric.schneider@kitchener.ca
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DEVELOPMENT SERVICES DEPARTMENT
BUILDING DIVISION
Robert Schipper, CBCO
Manager of Building
City Hall, P.O. Box 1118
th
200 King St. W., 5 Floor
Kitchener, Ontario
Canada, N2G 4G7
Phone: (519)741-2836
Fax: (519 741-2775
robert.schipper@kitchener.ca
April 21, 2021
Attn: Elev8 Properties Inc.
Subject: Draft Approval - Plan of Condominium (Vacant Land) application 30CDM-
21207 for 60 Trussler Road, Kitchener
Building Division has no concerns with the Plan of Condominium application.
The project has not yet commenced construction. 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. Eric Schneider
From: Steven Ryder
Sent: Thursday, April 29, 2021 12:57 PM
To: Eric Schneider
Subject: FW: Circulation for Comment - Draft Plan of Condominium (Vacant Land) - 60
Trussler
Road
Attachments: Agency Circulation Letter - 60 Trussler Rd..pdf; 60 Trussler - Draft Plan of
Condominium.pdf; 60 Trussler - Site Plan.pdf
Hey Eric,
My only comment for this Draft Plan of Condo would be amending the common element to
include
where the community mailbox will be placed (once the applicant has confirmed with Canada Post
how
this site will work for mail delivery).
If you have any questions or concerns, please let me know.
Regards,
Steven Ryder, C.E.T.
Traffic Planning Analyst | Transportation Services | City of Kitchener
519-741-2200 ext 7152| TTY. 1-866-969-9994 | Steven.Ryder@kitchener.ca
From: circulations@wsp.com
Sent: Friday, April 23, 2021 3:54 PM
To: Eric Schneider
Subject: \[EXTERNAL\] CDM: 60 Trussler Rd. - File No: 30CDM-21207.
2021-04-23
Eric Schneider
Kitchener
, ,
Attention: Eric Schneider
Re: CDM: 60 Trussler Rd. - File No: 30CDM-21207.; Your File No. 30CDM-21207
Our File No. 90207
Dear Sir/Madam,
We have reviewed the circulation regarding the above noted application. The following
paragraphs are
to be included as a condition of approval:
Canada
to service this new development. The Owner further agrees and acknowledges to convey such
easements at no cost to Bell Canada.
The Owner agrees that should any conflict arise with existing Bell Canada facilities where a
current and
valid easement exists within the subject area, the Owner shall be responsible for the relocation of
any
such facilities or easements at their own
The Owner is advised to contact Bell Canada at planninganddevelopment@bell.ca during the
detailed
utility design stage to confirm the provision of communication/telecommunication infrastructure
needed to service the development.
It shall be noted that it is the responsibility of the Owner to provide entrance/service duct(s) from
Bell
network
infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay
for the
extension of such network infrastructure.
If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to
provide
service to this development.
To ensure that we are able to continue to actively participate in the planning process and provide
detailed provisioning comments, we note that we would be pleased to receive circulations on all
applications received by the Municipality and/or recirculations.
municipal circulations. WSP is mandated to notify Bell when a municipal request for comments or
for
information, such as a request for clearance, has been received. All responses to these municipal
is not responsible
for
If you believe that these comments have been sent to you in error or have questions regarding
protocols for responding to municipal circulations and enquiries, please contact
planninganddevelopment@bell.ca
Should you have any questions, please contact the undersigned.
Yours truly,
Ryan Courville
Manager - Planning and Development
Network Provisioning
Email: planninganddevelopment@bell.ca
From: Planning <planning@wcdsb.ca>
Sent: Friday, May 14, 2021 2:49 PM
To: Eric Schneider
Subject: \[EXTERNAL\] RE: Notice of Pre-submission Consultation Mtg (SP/Vac land
Condo) - 60
Trussler Road
Good Afternoon Eric,
The Waterloo Catholic District School Board has reviewed the above 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 shall agree in the condominium declaration to advise all purchasers of
residential units and/or renters of same, by inserting the following clause in all offers of
Purchase and Sale/Lease:
Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on
privately owned or maintained right-of-ways to pick up students, and potential busing
students will be required to meet the bus at a congregated bus pick-
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: Dolly.Shetty@HydroOne.com <Dolly.Shetty@HydroOne.com> On Behalf Of
LandUsePlanning@HydroOne.com
Sent: Wednesday, April 21, 2021 1:12 PM
To: Christine Kompter <Christine.Kompter@kitchener.ca>
Subject: \[EXTERNAL\] Kitchener - 60 Trussler Road - SP21/022/T/ES
Hello,
We are in receipt of Application SP21/022/T/ES dated April 16, 2021. We have reviewed the
documents
concerning the noted Plan and have no comments or concerns at this time. Our preliminary
review
Distribution
Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
http://www.hydroone.com/StormCenter3/
and out
of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-
664-9376
or e-mail CustomerCommunications@HydroOne.com to be connected to your Local Operations
Centre
Thank you,
Best Wishes,
Dolly Shetty
Real Estate Assistant | Land Use Planning
Hydro One Networks Inc.
185 Clegg Road (R32)
Markham, ON | L6G 1B7
Email: Dolly.Shetty@HydroOne.com
David Welwood 519-503-3870
File: D19-20/21207
June 8, 2021
Eric Schneider
Planner
City of Kitchener
City Hall, P.O. Box 1118
200 King St. West
Kitchener, ON N2G 4G7
Email: Eric.Schneider@kitchener.ca
Dear Mr. Schneider
Re: Regional Comments
Draft Plan of Condominium (Vacant Land) 30CDM-21207
60 Trussler Road
Elev8 Properties Inc./Patterson Planning Consultants Inc.
CITY OF KITCHENER
Regional Staff have completed the circulation of the above-noted Draft Plan of Vacant
Land Condominium 30CDM-21207 located at 60 Trussler Road, and provide the following
comments for your consideration.
The subject area is 0.613 hectares in size and the proposed vacant land plan of
condominium consists of 5 vacant land residential units. The common elements are
made up of the sidewalk, private lane and turning circle and landscaped areas.
The subject lands are zoned Residential Two (R-2) and are located in the Low Rise
Residential Official Plan Designation, and are designated Urban Area in the Regional
Official Plan (ROP). Staff understands that relief from the requirements of the R-2 zone
2
would likely be required to recognize a minimum lot area of 875m.
The property is also subject to an application for Site Plan Control (Application
SP21/022/T/ES Μ͵
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
-
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1
Schedule 3a of the Regional Official Plan (ROP), and are located in the Low Rise
Residential designation in the City of Kitchener Official Plan. The subject property is
zoned Residential Two (R-2) in the City of Kitchener Zoning By-law.
Regional staff has no objection to the application, subject to the applicant addressing
the following technical comments and conditions:
Environmental Noise
Staff has reviewed the report entitled "Environmental Noise Impact Study, Proposed
Residential Development, 60 Trussler Road, Kitchener, Ontario" (GHD, January 22,
2021) and concur with the conclusions and recommendations of the Study. The
Study assessed the impacts of off-site stationary noise sources on all 5 residential units
proposed. Predicted daytime and nighttime noise levels at all points of reception are
below or meet noise level objectives for a Class 1 acoustical environment as outlined in
the Ministry of the Environment, Conservation and Parks' NPC-300 noise guideline.
Notwithstanding the above, as per NPC-300 the Study recommends the following noise
warning clause be included in all offers of purchase and sale, and/or lease/rental
agreements for all units, and included in the condominium declaration,
"Purchasers/tenants are advised that due to the proximity of the adjacent industrial
and commercial facilities, noise from these facilities may at times be audible."
The above warning clause should be secured in a registered agreement with the City of
Kitchener.
Airport Zoning Regulations
For information only, by copy of this letter the applicant is advised that the property is
within the Airport Zoning Regulated area. Specifically the property is within the
take-off/approach surface area and is subject to the Regulations. No action is
required by the applicant as part of this application.
Hydrogeology and Source Water Protection
The subject lands are located in Wellhead Protection Sensitivity Area 8 (WPSA 8). A
Salt Management Plan was submitted with the complete application. A Risk
Management Plan is being negotiated with the Risk Management Official. A signed
Section 59 notice has been provided to the Region. Regional Hydrogeology and
Source Water staff have no further comments on the submission. Regional staff notes
that the recommendations from the negotiated Risk Management Plan should be
incorporated into the Condominium Declaration as a condition of draft plan approval.
Land Use Compatibility
The subject lands are located approximately 1 kilometer Staff
has considered land use compatibility with the Ministry of the Environment, Conservation
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЏЏЌБЉЎ ĻƩƭźƚƓʹ Њ
2
-4. A condition of draft approval will therefore be that the
following warning clause be included in all offers of purchase and sale and/or leases, and
condominium declaration:
Due to proximity to the Waterloo Regional Waste Management Centre, odour levels on
The above warning clause shall be secured in a registered agreement with the City of
Kitchener or the Regional Municipality of Waterloo.
Housing
The Region supports the provision of a full range of housing options, including
-Year Housing and Homelessness Plan contains an
affordable housing target for Waterloo Region. The target is for 30% of all new
residential development between 2019 and 2041 to be affordable to low and moderate
income households. Staff recommend that the applicant consider providing a number of
affordable housing units on the site. Staff further recommend meeting with Housing
Services to discuss the proposal in more detail and to explore opportunities for
partnerships or programs.
In addition, staff recommend considering other ways of providing a mix of housing types
on the site, such as secondary dwelling units within or accessory to the proposed single
detached dwellings.
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 $357,200
annual household income for low and
moderate income households
Housing for which the purchase price is
at least 10 percent below the average
$456,000
purchase price of a resale unit in the
regional market area
*Based on the most recent information available from the PPS Housing Tables (2019).
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $357,200.
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Please do not hesitate to contact Regional Housing Services directly by email at
JMaanMiedema@regionofwaterloo.ca should you have any questions or wish to
discuss in more detail.
Conditions of Draft Approval
Regional Staff has no objections to draft approval of Plan of Condominium 30CDM-
21207 subject to the following conditions of Draft Approval set out below.
1) That the Owner/Applicant agrees to stage development of this condominium in a
manner satisfactory to the Region of Waterloo and the City of Kitchener,
including any easements or other requirements as a result of staging;
2) 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.
3) That the Applicant/Owner shall make provisions through the Condominium
Declaration for the implementation of the approved Risk Management Plan, to
the satisfaction of the Regional Municipality of Waterloo;
4) That the Condominium Declaration be completed to the satisfaction of the Region
of Waterloo and a copy forwarded to the Region prior to final approval of the
condominium plan;
5) That the Owner enters into an agreement with the City of Kitchener to include the
following warning clauses in all offers of purchase and sale, and/or lease/rental
agreements for all units, and included in the condominium declaration:
a) "Purchasers/tenants are advised that due to the proximity of the adjacent
industrial and commercial facilities, noise from these facilities may at times be
audible."
b) Due to proximity to the Waterloo Regional Waste Management Centre,
odour levels on this property may occasionally cause concern for some
Regional Development Charges
The Owner/Applicant should also be advised that any future development on the subject
lands will be subject to provisions of Regional Development Charge By-law 19-037 or any
successor thereof.
Other
The Region acknowledges receipt of the required fee for the submission of a complete
application.
Should you have any questions, please do not hesitate to contact the undersigned.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЏЏЌБЉЎ ĻƩƭźƚƓʹ Њ
4
Yours truly,
David Welwood, MCIP, RPP
Principal Planner
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЏЏЌБЉЎ ĻƩƭźƚƓʹ Њ
5
Bqqfoejy!E
From: Sarah Knechtel <sarahknechtel2704@gmail.com>
Sent: Monday, April 26, 2021 11:42 AM
To: Eric Schneider
Subject:\[EXTERNAL\] 60 Trussler Rd. Application for Draft Approval
Hi Eric,
I received the letter regarding the proposed plan for VLC which will back onto my yard. Before I
compose an e-mail with my reason why I oppose the building of this...my serious question is, will it make
a difference? There's protocol and steps you must take and sending this letter out is part of it but has
that ever made a difference? If yes, when, I'd like examples. If no, why bother?
Why would any property owner with a view of the sunset, peace and quiet in their yard, birds, owls,
hawks living in the yard right behind them, want 5 condos being built - no one would want that.
The public officials love to talk through media releases on the value of taking care of our mental health
but none of that actually matters. Mental health comes when a person can turn noise off, be at peace
with the silence around them (there's apps with those sounds because all we are surrounded by is noise
of every kind! People, cars...). Money is what keeps things flowing and that's all that our City sees when
more buildings go up.
I am truly disgusted, that every piece of empty/spacious property around me is being taken up to build
more and more condos.
I would like a reply.
Sarah Knechtel
From: Dave Thomas <dthomas@uwaterloo.ca>
Sent: Monday, April 26, 2021 3:54 PM
To: Eric Schneider
Subject:\[EXTERNAL\] Re: Lot 38 German Company Tract Plan
Hi Eric
We received a letter informing us about Plan Of Condominium File 30CDM-21207
I have a question regarding the residential units within the 5 units. How many individual
dwellings would be in each of the residential units?
The letter says the application meets the use of the designated Low Rise Residential in the
residential Two Zone..
Could you please clarify what means as far as individual dwelling units.
Thanks
Dave Thomas
46 Cora Drive
Kitchener
From: Carol Ziegler <carolziegler57@gmail.com>
Sent: Monday, April 26, 2021 2:58 PM
To: Eric Schneider
Subject:\[EXTERNAL\] File number 30CDM-21207 60 Trussler Road
Good day
I have just received a notice in the mail regarding a planned condominium build at the above address.
Would you please be able to tell me the following:
1. Will these units will be rentals or owned units?
2. How many stories will be considered for each unit?
3. How many units will be in each single detached unit?
Thank you
Carol Ziegler
Sent from my iPhone
From: Lisa Thompson <lisahelenthompson@yahoo.ca>
Sent: Tuesday, April 27, 2021 1:09 PM
To: Eric Schneider
Subject:\[EXTERNAL\] File Number 30CDM-21207 60 Trussler Road
Eric,
Thank you for your time on the call this morning, I appreciate you answering my questions.
I would appreciate it if you would add me to the communications list for updates on this
Application.
Thank you.
~ Lisa Thompson
From: Shawn Nielsen <shawn.nielsen@teksavvy.com>
Sent: Wednesday, April 28, 2021 12:41 PM
To: Eric Schneider
Subject:\[EXTERNAL\] 60 Trussler Rd.
Hi Eric - quick question, regarding the proposed development #30CDM-21207. How tall are the units?
Storeys?
--
Best,
Shawn
519-404-3150
From: amanda vieira <amanda.vieira@hotmail.com>
Sent: Thursday, May 13, 2021 4:48 PM
To: Eric Schneider
Subject:\[EXTERNAL\] File No. 30CDM-21207 - 60 Trussler Road
Dear Eric,
We are the owners of 54 Cora Drive, Rosa, and Tony Vieira. I would like to express my views
on this project. We're are not too happy with the proposal/plan that has been drawn out. As of
now, I enjoy my privacy in my backyard and the quietness I have on my property. The list below
will outline our main concerns and requests regarding the Plan:
* The road behind our fence, as of right now we live in front of the road and then will have
another road behind us causing more noise pollution.
* With the road behind us, we are requesting an 8 ft fence that is a sound barrier between
our properties.
* What kind of homes are you building, I know it is listed as Single Detached Dwellings,
but we would like to see formal sketching of the homes being built. i.e. how big/tall are
they? garage attached?
* How long are the planning to take for the construction of these 5 houses?
* Are there any possibilities of depreciation of the value of our property?
* Also currently, there is a noise coming from the property that we can hear in the left half
of our house. The noise is a humming/buzzing sound coming from the property, unsure of
the location of the sound. Please have someone check it out as my daughter has been
unable to sleep in her room because of this sound. The sound has only been affecting us
for about 6 weeks, was never there before the property was sold. (Also, it is not the
factory as we have lived in this house since 1999 and this noise has not been an issue and
has not come from over there)
Regards,
Rosa Vieira and Tony Vieira
From: Janette Cameron
Sent: Monday, May 17, 2021 2:58 PM
To: Eric Schneider
Subject:File number 30CDM-21207
Hi Eric. Hope you are doing well.
Although I do work for the City, I am actually emailing you about the above file/letter I received in the
mail.
I reside at 42 Cora Drive.
I back out onto 60 Trussler Road, that is under a plan for a condominium development.
My first question is, is there any plan for a high fence to separate our backyards on Cora, to the
developing property. There is currently a 6 ft fence there that is in very poor condition. The fence is
approximately 25 years old. Would there be a chance to get an 8 ft fence put up? I understand the
roadway will be against our backyard. Also, the backyards on Cora, the land is higher in most places, so
the 6 ft fence on 60 Trussler side is only about 4 ft for our side. Is this something being considered?
Also, what would be the chances of the plans for this project being changed along the way. Could these
single detached units suddenly become multi-unit buildings instead through minor variance/variance.
Although the letter refers to 60 Trussler as vacant land, the current owners on Cora hardly see it that
way. We have been in our home for 22 years and purchased it knowing we backed out onto the rear
yard of 60 Trussler Road. Furthermore, we got along well with the former owner that we have backed
out onto for the full 22 years we lived here. He was a great guy and we were sad to see it sold, never
mind to see it being developed. We did not purchase our home to back out onto this
y and I
are very upset with this plan, and have also looked to move. But as you know, the housing market is not
working with us right now.
Lastly, since I understand this development to be condo oriented, I am assuming there will be some
degree of cars/garbage trucks/snow removal etc moving along the fence, which also attributes to why
we are requesting an 8 ft fence.
Thank you Eric in advance to any assistance you can give us on this matter. As I am sure you can
understand, this matter is rather upsetting to us. We are doing the best we can to accept the change,
but any help is greatly appreciated.
Janette Cameron
Todd Cameron
42 Cora Drive
Kitchener.
Thank you,
Janette Cameron
Accounts Payable Clerk |Financial Operations | City of Kitchener
519-741-2200 ext 7102 | TTY 1-866-969-9994 | Janette.Cameron@kitchener.ca
From: Dave Thomas <dthomas@uwaterloo.ca>
Sent: Tuesday, May 18, 2021 10:52 AM
To: Eric Schneider
Subject:\[EXTERNAL\] lot 38 German Company Tract
Hi Eric
We would like to request that the existing fence be replaced with a solid 8-foot fence. This
would be for privacy and also to reduce noise resulting from construction and a new driveway
along the property line.
The ground level of the houses on Cora drive is almost 3 feet higher than the level on the
property to be developed. The existing fence is also old and many of the posts are rotted and
broken so the existing fence is not very sound.
Thanks for keeping us in the loop with this development.
Dave Thomas
From: Lisa Thompson <lisahelenthompson@yahoo.ca>
Sent: Tuesday, May 18, 2021 3:58 PM
To: Eric Schneider
Subject:\[EXTERNAL\] Draft Plan of Vacant Land Condominium located at 60 Trussler Road. File
Number: 30CDM-21207.
Good afternoon Eric,
I am writing today in response to the application of a Draft Plan of Vacant Land
Condominium located at 60 Trussler Road.
File Number: 30CDM-21207.
As you can imagine, recieving this notification came as quite a shock to us, and caused
immediate concern. For those of us who have lived on Cora Drive for 15-20 years, having
this sort of development proposed in our backyard is quite upsetting. The fact that this
parcel of land was part of a single residential property is one of the primary reasons we
purchaed our home, and we have real fear that our enjoyment of our homes will be
affected.
That being said, we recognize that communites must evolve, and there is a need for
residential development.
In order to mitigate the impact on us, we would ask for the following considerations:
1) An 8ft fence be installed on the Cora Drive side of the property
2) There be no "on street parking" allowed on the private road
3) Where possible, all attempts to save the old growth trees along the Heroux Devtek side
of the property be made
4) That as proposed, the private road be built on the Cora Drive side of the property
Thank you for your consideration.
Lisa Thompson and David Ball
58 Cora Drive (Lot 5)
From: Faisal Khalid <faisalkd@yahoo.com>
Sent: Tuesday, May 18, 2021 11:10 PM
To: Eric Schneider
Subject:\[EXTERNAL\] 60 Trussler Rd VLC
Hello Eric,
I would like to provide comments in regards to the application for the VLC referenced in your notice
dated April 21, 2021.
- The construction will cause an extended period of noise concern to residents immediately next to the
property in question, specially to those who may be front line workers and may work night shifts and
have to rest during the day.
- Our children (Lot 1) will no longer have a safe side-walk to ride their bikes on as construction vehicles
and resident vehicles later on will be entering and exiting the driveway
- If fruit trees are cut down near our property, it will undoubtedly cause anguish to the kids who've
enjoyed them their entire lives
- Residents immediately adjacent to the property will have to erect natural or artificial means of
regaining privacy while outdoors on their property
Thank you for the opportunity to provide feedback. Kindly include us in the distribution of the staff
report and any future communication regarding this application.
Kind regards,
Faisal
From: Jeff Fernandes <fernandes_jeff@hotmail.com>
Sent: Wednesday, May 19, 2021 5:12 PM
To: Eric Schneider
Subject:\[EXTERNAL\] Vacant Land Condominium at 60 Trussler Road
Hey Eric,
I recieved the draft approval for a condominium to be built behind my backyard.
I guess the question i have at this point is, do you what kind of condos are being considered to be built?
Will be it 5 separate residential houses? Or is it to be 5 multilevel, multiresidental condo buildings? If its
buildings, what will be the maximum height?
Also, is their consideration to replace the fence currently placed with a higher concrete or cement block
wall from the common element road and the end of my backyard?
Thanks Eric for any information you may.
Get Outlook for Android
From: Stella Riley <pigpen62@rogers.com>
Sent: Wednesday, May 19, 2021 7:03 PM
To: Eric Schneider
Subject:\[EXTERNAL\] 60 Trussler Road
Hello Eric,
My name is Stella Riley and I live at 66 Cora Drive. I am writing in reference to your letter dated April 21,
2021.
I am devastated to learn that the new owners of the property on Trussler Road plan to develop that
area. I feel we will lose our privacy and our quiet nature area. My property backs onto the area with the
fruit trees. We enjoy all the birds that flock to this area and the wildlife. Blue jays, cardinals, goldfinches,
woodpeckers, nuthatches and many other birds enjoy the trees there.
already noticed more vehicles than normal, in this area. The landscapers come and park their vehicles
directly behind my fence, and
and recycling trucks are stopping at the five new homes. And what about future vehicles coming and
going?
Also, I have a pool and no trees on my property, to block the sounds. Are they proposing some sort of
required, while they make a ton of money from this new development.
Stella Riley
66 Cora Drive
Kitchener, ON
N2N 3C6
226-338-1463