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HomeMy WebLinkAboutDSD-2022-255 - Draft Plan of Condominium (Vacant Land) 30CDM-22203 - 55 Franklin Street South - 55 Franklin GP Inc.Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 13, 2022 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: May 11, 2022 REPORT NO.: DSD -2022-255 SUBJECT: Draft Plan of Condominium (Vacant Land) 30CDM-22203 55 Franklin Street South 55 Franklin GP Inc. 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-22203 for 55 Franklin Street South in the City of Kitchener, subject to the conditions shown in Appendix "A". 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 55 Franklin Street South. Community engagement for the Vacant Land Condominium included: o Circulation of a notice letter to owners of property within 240 metres of the subject property; o Staff received 1 neighbourhood response and corresponded directly with the member of the public; and, o Notice of the public meeting was advertised in The Record on May 20, 2022. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the property at 55 Franklin Street South is proposing to obtain draft approval for a 5 - unit Vacant Land Condo (VLC) comprising of 4 mixed use buildings and a 1 storey parking structure. Staff is supportive of the proposed application that would allow the redevelopment of the subject site. BACKGROUND: 55 Franklin GP Inc. has made application to the City of Kitchener for a Draft Plan of Vacant Land Condominium. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 50 of 520 'i4 k co 2 2 Ct4 k w: , Figure 1: Location map Subject Property The subject site is located close to the Highway 8 expressway in the Vanier neighbourhood. The lands were previously used for industrial and office uses. The lands are surrounded by Low Rise Residential uses to the west, High Rise Residential uses to the south, and Commercial uses to the north and east. The lands have received site plan approval for 4 mixed use buildings containing a total of 256 affordable residential units with commercial units located on the ground floor. A 1 storey parking structure is also approved for the property. The subject site has a frontage on both Franklin Road South and Eighth Avenue with a lot area of 8125.1 square metres (0.82 hectares). In March of 2021, the property received minor variance approval by the Committee of Adjustment for reductions in rear yard setback, side yard setbacks and parking reductions. REPORT: The owner of the subject lands is proposing a vacant land condominium which will consist of a total of 5 units. Four of the units will each contain a 6 storey, 64 -unit mixed use building with landscaped areas and surface parking. The 51" middle unit will contain a 1 storey parking structure. Internal drive aisles, walkways, and landscaped areas make up the common elements. The owner has received Site Plan approval (SP20/075/F/AP) and a building permit has been issued for the first building which is currently under construction. The property is designated Commercial in the City's Official Plan and zoned Commercial Two Zone (COM -2) in the City's Zoning By-law 2019-051. The residential development consisting of 5 units to be developed with 4 mixed use buildings, and 1 parking structure is permitted on the lands as per the policies in the City's Official Plan and regulations in the City's Zoning By-law 2019-051. 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 (attached as Appendix "A"). Page 51 of 520 Figure 1: Location map Subject Property The subject site is located close to the Highway 8 expressway in the Vanier neighbourhood. The lands were previously used for industrial and office uses. The lands are surrounded by Low Rise Residential uses to the west, High Rise Residential uses to the south, and Commercial uses to the north and east. The lands have received site plan approval for 4 mixed use buildings containing a total of 256 affordable residential units with commercial units located on the ground floor. A 1 storey parking structure is also approved for the property. The subject site has a frontage on both Franklin Road South and Eighth Avenue with a lot area of 8125.1 square metres (0.82 hectares). In March of 2021, the property received minor variance approval by the Committee of Adjustment for reductions in rear yard setback, side yard setbacks and parking reductions. REPORT: The owner of the subject lands is proposing a vacant land condominium which will consist of a total of 5 units. Four of the units will each contain a 6 storey, 64 -unit mixed use building with landscaped areas and surface parking. The 51" middle unit will contain a 1 storey parking structure. Internal drive aisles, walkways, and landscaped areas make up the common elements. The owner has received Site Plan approval (SP20/075/F/AP) and a building permit has been issued for the first building which is currently under construction. The property is designated Commercial in the City's Official Plan and zoned Commercial Two Zone (COM -2) in the City's Zoning By-law 2019-051. The residential development consisting of 5 units to be developed with 4 mixed use buildings, and 1 parking structure is permitted on the lands as per the policies in the City's Official Plan and regulations in the City's Zoning By-law 2019-051. 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 (attached as Appendix "A"). Page 51 of 520 The purpose of the vacant land condominium application is to permit the individual ownership (tenure) of each of the residential units within the property. 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 subject lands fall within the `built boundary' delineated by the Province in the Growth Plan and 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. City Official Plan The subject property is designated as Commercial in the City's Official Plan (OP). Lands located within the Commercial designation in the Official Plan may include dwelling units, where appropriate, Page 52 of 520 provided they are located in the same building as compatible commercial uses and are not located on the ground floor. The City's Official Plan contains policies that speak to provision 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 as Appendix "C". There are no outstanding concerns with the proposed applications. Community Input and Staff Responses: Staff received 1 written response from a nearby resident (attached as Appendix "D"). The resident had questions about the timing of the application, as the first building was already currently under construction. Planning staff responded directly to the residents by phone to answer questions and listen and understand their concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the committee meeting. A notice of the public meeting was placed in the newspaper on May 20, 2022 (Appendix "B"). CONSULT — The Application was circulated to property owners within 240 metres of the subject lands on March 18, 2022 as per Planning Act requirements. This report will be posted to the City's website with the agenda in advance of the Committee meeting. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 2019-051 • City of Kitchener Official Plan, 2014 • Regional Official Plan, 2010 • Provincial Policy Statement, 2020 • Planning Act, 1990 • A Place to Grow, Growth Plan, 2020 • Minor Variance A2021-011 Page 53 of 520 APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Appendix "A" — Draft Approval Conditions and Draft Plan of Condominium 30CDM-22203 Appendix "B" — Newspaper Notice Appendix "C" — Department and Agency Comments Appendix "D" — Neighbourhood Comments Page 54 of 520 Appendix "A" DSD -2022-255 DRAFT PLAN OF CONDOMINIUM 30CDM-22203 55 Franklin Street South 55 Franklin GP 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-22203 for 55 Franklin Street South in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-22203 owned by 55 Franklin GP Inc., dated May 24, 2022 proposing a Vacant Land Condominium Plan for 0.83 hectares of land comprised of 5 units and common elements. Units 1-4: Lots for Mixed use buildings. Unit 5: 1 storey parking structure 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 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. The Owner shall submit a draft Condominium Declaration, for approval by 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: provisions, to the satisfaction of the 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, and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 4 ii) through 4 vii), as outlined below, to the satisfaction of the City's Manager of Development Review. 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. Page 55 of 520 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. viii) That Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plan ninga-wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point. ix) In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point. 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 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) to provide reference plan(s) showing the easements to Hydro, communication/ telecommunication companies, and the City, to the satisfaction of the City's Manager 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 City's Director of Engineering Services for municipal services; Page 56 of 520 (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 owned by the City, the Owner shall obtain prior written approval from the City's Manager of Development Review or, in the case of parkland, the City's General Manager of Development Services; and (d) to provide to the City's Manager 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's Manager of 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 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 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 prior to final approval, the Owner/Developer enters into a development agreement with the City of Kitchener to provide a consolidated list of conclusions and recommendations relating to noise mitigation measures to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; Page 57 of 520 13. That prior to final approval, the Owner/Developer enter into a Registered Development Agreement with the City of Kitchener to secure the recommendations contained within the Noise Study entitled "Franklin Street GP Inc. 55 Franklin Street South Development Noise & Vibration Assessment' dated October 2020, prepared by SLR and an addendum dated April 11, 2021 (prepared by SLR)" and any further addenda thereto, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; 14. That prior to final approval, the Owner/Developer shall provide a copy of the noise study entitled "Franklin Street GP Inc. 55 Franklin Street South Development Noise & Vibration Assessment" dated October 2020, prepared by SLR and an addendum dated April 11, 2021 (prepared by SLR)" and any further addenda thereto to Dare Foods Limited in accordance with the MECP NPC -300 noise guideline; 15. That prior to final approval, the Owner/Developer enter into a registered development agreement with the Regional Municipality of Waterloo to implement the following warning clause: "Prospective purchasers and tenants are advised that all units in this plan of condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." 16. That prior to final approval, the Owner/Developer include the following noise warning clauses within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services: All required warning clauses recommended in the accepted Noise Study in Conditions 2 and 3 above. "Prospective purchasers and tenants are advised that all units in this plan of condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." 17. That prior to final approval, the Owner/Developer incorporate the approved recommendations for both the unit owners and the condominium corporation contained within the accepted Risk Management Plan for Salt Application (Plan # 00116, signed July 16, 2021; prepared by Michael Maxwell and MTE) within the Condominium Declaration to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; 18. That the Regional Municipality of Waterloo be provided with a copy of the registered development agreement with the City of Kitchener prior to the final approval of the condominium plan; and, 19. That prior to final approval, 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. 20. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on the title to the property that provides: Page 58 of 520 a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." i. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. " ii. "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planninp(5)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. " iii. "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right- of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point." b. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which includes the above statements a) i., ii. and iii. c. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. 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 20 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), vii), and 11 through 19 have been satisfied. NOTES: 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. 3. 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. Page 59 of 520 4. 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. 5. This draft plan was received on February 19, 2022 and deemed complete on February 19, 2022 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. 6. 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. 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. 7. 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 Page 60 of 520 uj 9 IL H11619 H HIMm lipa R Lei ---U C, �q N .....mora .TIT 3A18G AVMSONIN o QS -- - ------ - - iw LLJ LL IT— ot rp g! M" 133&LS LlqDnVNNOJ M gt .4 HSI , H NOTICE OF PUBLIC MEETING fora development in your neighbourhood 55 Franklin Street South FRANKLIN S7RErr Have Your Voice Heard! xfw Cil rl w..5l 45f�1wV�■ S Lar � rr ry�`w• ' uN f I pi`T. •, �. •i I V1111i I E EIGHTH AVENUE Proposed Lot Layout Date: June 13, 2022 Time: 4:00 p.m. Location: Virtual Zoom Meeting To view the staff report, agenda, a.rr find meeting details or to appear as a delegation, visit: kitchener.ca/meetings Vacant Land Mixed 4 Buildings, Condominium Use 6 Storeys Each To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ pla n n i nga ppl ications or contact: Tim Seyler, Planner 519.741.2200 x 7860 ti m.seyler@ kitchener.ca The City of Kitchener has received an application proposing a Vacant Land Condominium (VLC) which consists of 5 units representing each of the structures and a common element area. A VLC 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 VLC. 4 of the units will each contain a 6 storey, 64 -unit mixed use building with landscaped areas and surface parking. The middle unit will contain a 1 storey parking structure. Interrg I drive �'sle escaped amens area and walkways will make u the comrpi"cf�ggr��it�? u amenity � y P Appendix C PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES N* Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionotwaterloo.ca Tim Seyler, BES, RPP, MCIP Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Seyler, Melissa Mohr 1-226-752-8622 File: D1920/2/22203 May 26, 2022 Re: Proposed Vacant Land Plan of Condo 30CDM-22203 55 Franklin Street South GSP Group Inc. (C/O Brandon Flewwelling) on behalf of 55 Franklin GP Inc. CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Vacant Land Plan of Condominium at 55 Franklin Street South in Kitchener. The purpose of these comments is to identify any items that need to be address prior to draft approval and those that can be imposed as conditions of approval. The applicant has proposed a vacant land plan of condominium consisting of five (5) units representing each of the structures permitted through the corresponding approved site plan. Four (4) of the units will each contain a six (6) storey, 64 unit mixed use building with landscaped areas and surface parking. The middle unit will contain a one (1) storey parking structure. Internal drive aisles, a landscaped amenity area and walkways make up the common elements. The subject lands are located in the Urban Area of the Region and Designated Built -Up Area in the Regional Official Plan. In addition, the subject lands are designated Commercial in the City of Kitchener Official Plan and zoned COM -2 in the City of Kitchener Zoning By-law 85-01. This site has an approved Site Plan (SP20/075/F/AP) on the property. Document Number: 4081680 Version: 1 Page 63 of 520 These comments relate to the Vacant Land Plan of Condominium prepared by MTE Ontario Land Surveyors Ltd.; Project No. 45799-200-CD1.0: Regional Comments Community Planning The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP) and Commercial in the City of Kitchener Official Plan. The site is zoned to permit residential uses and there is an approved site plan (File No. SP20/075/F/AP) with residential buildings under construction. Regional staff received an unsigned copy of the draft plan for review. Please be advised that both the Owner and Surveyor must sign the plan and the plan must include information pertaining to Section 51(17) of the Ontario Planning Act. Regional Staff have no objection to the application, pending the updates to the plan. In addition, Regional staff have the following technical comments and conditions for review: Environmental (Road and Stationary) Noise: Regional staff have received the report entitled "Franklin Street GP Inc. 55 Franklin Street South Development Noise & Vibration Assessment" dated October 2020, prepared by SLR and an addendum dated April 11, 2021 (prepared by SLR) and have the following comments at this time: At the time of release of these comments, the Region has not accepted the noise study and have followed up with the consultant. Regional staff are awaiting a response. Stationary Noise: The noise study and addendum indicate that Class 1 noise level objectives cannot be met as at -source mitigation and receptor -based mitigation are not possible. The report recommends that the approval authority accept a Class 4 noise designation and corresponding mitigation as outlined in the MECP NPC -300 guidelines. Regional staff have asked for clarification regarding a potential 2dBA exceedance of Class 4 noise objectives and are awaiting a response. The subject lands are zoned to permit residential uses, the site has an approved site plan and the development is under construction at this time. Given these circumstances, Regional staff have no objection to the Class 4 noise designation in principle, subject to the City of Kitchener accepting the Class 4 and implementing the recommendations contained in the above noted study through a Registered Development Agreement. The registered development agreement shall be between the Owner/Developer and the City of Kitchener as a condition of draft plan approval. Details regarding the recommendations to be included in the Development Agreement shall be provided under separate cover. Document Number: 4081680 Version: 1 Page 64 of 520 Should the Class 4 noise designation be accepted by the City of Kitchener, a copy of the noise study must be provided to the adjacent Industrial facility (Dare Foods Limited) pursuant to the MECP NPC -300 noise guideline. Road Noise: The above noted noise study recommends central air conditioning, special building components (e.g. STC 45 for building facades and other STC requirements for window glazing) and noise warning clauses to mitigate impacts from road noise on the residential development. As all adjacent roads are under the jurisdiction of the City of Kitchener, a development agreement shall be required between the Owner/Developer and the City of Kitchener as a condition of draft plan approval. Regional staff will provide details regarding the recommendations to be included in the development agreement under a separate cover. Airport Zoning: Please be advised that the subject lands are located within the Regional of Waterloo International Airport Zoning regulated area and are located specifically under the take- off approach surface. The following noise -warning clause shall be required through a registered development agreement with the Region of Waterloo and incorporated into the Condominium Declaration and all Purchase/Sale and Lease/Rental Agreements as a condition of Draft Plan Approval: "Prospective purchasers and tenants are advised that all units in this plan of condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." In addition, the applicant must complete and submit the necessary form(s) as required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www. navcanada.ca/en/products-and-services/Pages/land-use-program.aspx. Risk Management Official The Subject lands are located in a Part 4 Area of the Clean Water Act and they are located in Wellhead Protection Sensitive Area 8. The Risk Management Plan for salt application and stormwater management is satisfactory. Provisions for salt application for the unit owners and the condominium board must be included in the condominium declaration as a condition of draft plan approval. Document Number: 4081680 Version: 1 Page 65 of 520 Housing Services The Region supports the provision of a full range of housing options, including affordable housing. The Region's 10 -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. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs. For the purposes of evaluating the affordability of an ownership unit (based on the definition in the Regional Official Plan), the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent A unit for which the rent is at or below the average market rent below the average purchase price of a resale unit in the $576,347 regional market area 1 -Bedroom: `Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit (based on the definition of affordable housing in the Regional Official Plan), the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual household income for low and moderate income $1,470 renter households A unit for which the rent is at or below the average market rent Bachelor: $950 (AMR) in the regional market area 1 -Bedroom: $1,134 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 *Based on the most recent information available from the PPS Housing Tables (2021) In order for a unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area, as listed above. Document Number: 4081680 Version: 1 Page 66 of 520 Draft Plan of Condominium Conditions: The Region has no objections to draft approval of Vacant Land Plan of Condominium 30CDM-22203, subject to the following conditions of Draft Approval set out below: 1) THAT the Owner/Developer 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 prior to final approval, the Owner/Developer enters into a development agreement with the City of Kitchener to provide a consolidated list of conclusions and recommendations relating to noise mitigation measures to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; 3) THAT prior to final approval, the Owner/Developer enter into a Registered Development Agreement with the City of Kitchener to secure the recommendations contained within the Noise Study entitled "Franklin Street GP Inc. 55 Franklin Street South Development Noise & Vibration Assessment" dated October 2020, prepared by SLR and an addendum dated April 11, 2021 (prepared by SLR)" and any further addenda thereto, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; 4) THAT prior to final approval, the Owner/Developer shall provide a copy of the noise study entitled "Franklin Street GP Inc. 55 Franklin Street South Development Noise & Vibration Assessment" dated October 2020, prepared by SLR and an addendum dated April 11, 2021 (prepared by SLR)" and any further addenda thereto to Dare Foods Limited in accordance with the MECP NPC -300 noise guideline; 5) THAT prior to final approval, the Owner/Developer enter into a registered development agreement with the Regional Municipality of Waterloo to implement the following warning clause: "Prospective purchasers and tenants are advised that all units in this plan of condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." 6) THAT prior to final approval, the Owner/Developer include the following noise warning clauses within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services: All required warning clauses recommended in the accepted Noise Study in Conditions 2 and 3 above. "Prospective purchasers and tenants are advised that all units in this plan of condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and directional lighting Document Number: 4081680 Version: 1 Page 67 of 520 along this path and noise from aircraft using the flight path may cause concern to some individuals." 7) THAT prior to final approval, the Owner/Developer incorporate the approved recommendations for both the unit owners and the condominium corporation contained within the accepted Risk Management Plan for Salt Application (Plan # 00116, signed July 16, 2021; prepared by Michael Maxwell and MTE) within the Condominium Declaration to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; 8) THAT the Regional Municipality of Waterloo be provided with a copy of the registered development agreement with the City of Kitchener prior to the final approval of the condominium plan; and, 9) THAT prior to final approval, 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 $3,650.00 (received May 17, 2022). 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. GSP Group C/O Brandon Flewwelling (Applicant) 55 Franklin GP Inc. C/O Mike Maxwell (Owner) Document Number: 4081680 Version: 1 Page 68 of 520 Internal memo [Development Services Department Date: April 11, 2022 To: Tim Seyler, Planner From: Deeksha Choudhry, Heritage Planner cc: Garett Stevenson, Manager of Development Review Subject: Draft Plan of Condominium 30CDM-22203 55 Franklin Street South Heritage Planning Comments Heritage planning staff have no issues or concerns. 1 K[rr%�r R www.kitchener.ca Page 69 of 520 City of Kitchener Draft Plan of Condominium Comments Project Address: 55 Franklin Street South File Number: 30CDM-22203 Site Plan Application: SP20/075/F/AP Comments Of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: March 25, 2022 a. Transportation Services have no concerns with this application. Page 70 of 520 From: Carrie Musselman <Carrie.Mussel man@kitchener.ca> Sent: Thursday, March 24, 2022 9:43 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Cc: Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca> Subject: RE: Circulation for Comment - Vacant Land Condominium 30CDM-22203 (55 Franklin Street South) Hi Tim, Environmental Planning has no concerns with the proposed Draft Plan of Condominium so long as it is consistent with the approved Site Plan and Sustainability Statement. Regards, Carrie Musselman (she/her), BSc., Dip. Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselmana-kitchener.ca Page 71 of 520 Condominium Circulation Response Form The required parkland dedication associated with Site Plan application SP20/075/F/AP has been addressed through a Parkland Dedication Deferral Agreement that is registered on title for the property as WR1385926. The agreement allows parkland dedication to be paid prior to building permit issuance for each building phase of the proposed development rather than prior to final site plan approval. Parkland dedication has been paid for the first phase associated with the building at 55 Eighth Ave. The parkland dedication payments for the remaining phases of buildings will be due prior to the issuance of the respective building permits. RE: Notice of Application for Draft Approval - Plan of Condominium Condominium Application - 30CDM-22203 Site Plan application SP20/075/F/AP 55 Franklin St S 55 Franklin GP Inc Parks and Cemeteriesu����f Department/Agency Signature of Representative March 31 2022 Date Page 72 of 520 April 12, 2022 Re: Notice of Application for Draft Approval - Plan of Condominium (Vacant Land) File No.: 30CDM-22203 Municipality: City of Kitchener Location: 55 Franklin Street South Owner/Applicant: 55 Franklin GP Inc. Dear T. Seyler, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes a vacant land condominium consisting of 5 units representing each of the structures, including 4 units containing 6 storey, 64 -unit mixed-use buildings, and a common element area. This development is currently under construction and was approved through site plan SP20/075/F/AP. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • Wilson Avenue Public School (Junior Kindergarten to Grade 6); • Sunnyside Public School (Grade 7 to Grade 8); and • Eastwood Collegiate Institute (Grade 9 to Grade 12). The WRDSB's 2020-2030 Long -Term Accommodation Plan projects available student accommodation at these facilities over the long term. Student Transportation Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained right-of-ways to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal right-of-ways. WRDSB Draft Conditions Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the conditions of Draft Approval: That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." b. "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planning(o),wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. " c. "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (S TS WR), 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-up point." That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on the title to the Property that provides: Page 73 of 520 a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." i. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." ii. "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planninp(a)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. " iii. "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STS WR), 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-up point." 1. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which includes the above statements 2. a. i., ii. and iii. 2. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Sincerely, Lauren Agar Manager of Planning T: 519-570-0003 ext. 4596 Waterloo Region District School Board 0 51 Ardelt Avenue Kitchener ON, N2C 2R5 T: 519 570-0003 w: wrdsb.ca Page 74 of 520 From: Planning <planning@wcdsb.ca> Sent: Monday, April 11, 2022 4:52 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] RE: Circulation for Comment - Vacant Land Condominium 30CDM-21207 (55 Franklin Street South) Good Afternoon Tim, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). C) That the developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." D) That the developer enter into an agreement with the City of Kitchener to be registered on the title to the Property that provides: "All agreement of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 75 of 520 From: LANDUSEPLANNING <LandUsePlanning@HydroOne.com> Sent: Friday, April 8, 2022 1:58 PM To: Christine Kompter <Christine.Kompter@kitchener.ca>; Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] Kitchener - 55 Franklin Street South - 30CDM-21207 Hello, We are in receipt of your Draft Plan of Condominium Application, 30CDM-21207 dated March 23, 2022. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ Please select " Search" and locate address in question by entering the address or by zooming in and out of the map N: ? Q hyd ro(' MENU HELP SEARCH one Customers Affected: O >5000 0 501.5000 0 51-500 © 21-50 O <=20 O Multiple V Crew — Service Area W U •�iMO@orEal ® a Q o fi F 0 0 0 • . o •lil[CI' Go gle ' �• ano r7 Kawaitha GP4 Lakes Peterharough S c irs O • ao Yz—yh,.r4--- o O -0tifi • rs heli ville no rirlceo dwar Watgo pwn Rochester n 0 1=1Rilri 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, Kitty Luk Real Estate Assistant I Land Use Planning Hydro One Networks Inc. 185 Clegg Road Markham, ON I L6G 1137 Email: landuseplannine@hvdroone.com Page 76 of 520 From: Chris Foster -Pengelly <cfosterpengeIly@grandrive r.ca> Sent: Monday, March 28, 2022 4:13 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] RE: Circulation for Comment - Vacant Land Condominium 30CDM-22203 (55 Franklin Street South) Hi Tim, The subject property is not regulated by the GRCA under Ontario Regulation 150/06. As such, we will not be providing comments. Thank you, Chris Chris Foster -Pengelly, M.Sc., Office: 519-621-2763 ext. 2319 Toll-free: 1-866-900-4722 www.grandriver.ca I Connect with us on social media Page 77 of 520 From: circulations@wsp.com <circulations@wsp.com> Sent: Monday, March 28, 2022 8:14 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] Draft Plan of Condominium (30CDM-22203), 55 Franklin St. S., Kitchener 2022-03-28 Attention: Tim Seyler Re: Draft Plan of Condominium (30CDM-22203), 55 Franklin St. S., Kitchener; Your File No. 30CDM- 22203 Our File No. 92945 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: "The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell 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 cost." 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 Canada's existing network infrastructure to service this development. In the event that no such 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. Please note that WSP operates Bell's development tracking system, which includes the intake of 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 Page 78 of 520 circulations are generated by Bell, but submitted by WSP on Bell's behalf. WSP is not responsible for Bell's responses and for any of the content herein. If you believe that these comments have been sent to you in error or have questions regarding Bell's 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 Page 79 of 520 From: Ruiz, Ricardo <rruiz@kwhydro.ca> Sent: Thursday, March 24, 2022 8:51 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] RE: Circulation for Comment - Vacant Land Condominium 30CDM-21207 (55 Franklin Street South) Hi Tim, Please note KWHI has no concerns with respect to the draft plan of condominium for 55 Franklin St S. KWHI will require that access rights be protected by adding our wording to the condominium declaration. Regards, Ricardo Ricardo Ruiz (he/him), C.E.T. ircr�ENCRi�ar Distribution Design Supervisor Kitchener -Wilmot Hydro Inc Office: 519-745-4771 ext. 6304 Cell: 519-497-6221 Page 80 of 520 From anywhere.. De par tout... to anyone jusqu A vous April 7, 2022 Tim Seyler Planner Planning Division City of Kitchener P.O. Box 1118 Kitchener ON N2G 4G7 Reference: Notice for Application for Draft Approval File Number: 30CDM-22203 Location: 55 Franklin Avenue South Owner: 55 Franklin GP Inc. Cross Reference: Site Plan Application: Ti m, - Plan of Condominium (Vacant Land) SP20/075/F/AP Canada Post has the following comments regarding this new development in the City of Kitchener: Multi -unit buildings and complexes (residential and commercial) with a common lobby, common indoor or sheltered space, require a centralized lock box assembly which is to be provided by, installed and maintained by the developer/owner. Buildings with 100 units or more require a rear loading Lock Box Assembly with dedicated secure mail room. Independent/separate buildings with 50 or more units require a unique civic address. Please see the link below to Canada Post's Delivery Planning Standards Manual which contains information on Canada Post's requirements, delivery policies, and specifications. https://www.canadapost.ca/cpo/mc/assets/pdf/business/standardsmanual en.pdf If the description of the project changes, please forward an update to our office so we can assess any possible impacts to mail delivery. Regards, Y- Be,&e� Delivery Services Officer I Delivery Planning 955 Highbury Ave N London On N5Y 1A3 www.canadapost.ca www.postescanada.ca Page 81 of 520 Appendix D From: Sent: Friday, April 1, 2022 12:54 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] 55 Franklin ave kitchener Good afternoon I received your letter for the construction on this property, I think its a little later being a they have already started construction and today I seen the road will be closed, my concern is that that property has a rat problem and now disturbing it, it is now going to be a problem for other home owners, especially ones with dogs. My property does not face this property but I am 1 block away. Thankyou Page 82 of 520 • Most respondents did not have an issue with the 1.1 metre walkway requirement from the sidewalk to the backyard home which allows emergency access to the unit. One respondent noted it "adds extra costs to our project". • Satisfying parking requirements was not an issue for any respondents. One comment asked that more parking exemptions be provided. • Some concerns were raised that the site plan process considers Building Code requirements such as spatial separation (the distance between the main house and the backyard home) at the site plan stage rather than at time of Building Permit. This is done because the spatial separation calculation can impact the physical location of the backyard home on the property. Since the site plan application shows the physical location of the backyard home, it is worth confirming spatial separation during the site plan stage to avoid site plan revisions at the time of Building Permit. Resident Feedback: Impact on Neighbourhood (5 responses received) • Most respondents (4 of 5) remembered receiving the courtesy notice when the site plan was approved and would like to continue receiving the courtesy notice if another backyard home is approved. 3 out of 5 respondents described the impact of the backyard home on their neighbourhood as "high". The primary concern from respondents is focused on backyard homes being used as a short-term rental (i.e. an Airbnb) and associated challenges with the operation of a short-term rental (i.e. property maintenance, garbage pick-up, traffic, etc.). Staff notes that tenancy and short-term rental units are not currently regulated by the City of Kitchener. • Some verbatim responses about the neighbourhood impact of backyard homes are: o "Feels like another house fit into existing spaces for good and bad" o "Looks great, I think it's a great idea. Was very interesting watching the construction occur". o "Increased garbage and traffic in neighbourhood" o "Short-term rentals should not be allowed in the neighbourhood". o "Glad they're approved. I think it's great both for housing opportunities in an ever-growing population and for an income helper in a tough economy". Staff Commentary: Year 1 26 site plan applications for backyard homes have been received (-r2 per month). 14 of these have been approved and can proceed to Building Permit. To -date, 9 of these have had building permits issued. Page 518 of 520 • The average approval time for the site plan application is about 10 weeks; excluding three outliers, the average time is about 7 weeks. There has been a high variance in the quality of applications submitted, ranging from excellent quality to poor quality. • As a general observation the quality of the original submission is highly correlated with length of time the approvals process will take. Staff was intentional in not requiring a "standard template" that each site plan had to be submitted on to increase flexibility for homeowners. In practice, this meant that a wide variety of templates were submitted (from computer -drawn to hand drawn) resulting in a range of staff review time. Staff intend to provide example documents to help guide applicants with the submission of quality drawings. • When a site plan is submitted that does not meet all submission requirements, applications must be revised and resubmitted before they can move forward. This has caused several applications to be paused and/or delayed pending revisions. There are opportunities to scope submission requirements and further assist applicants with an understanding of the requirements up front to help bridge this gap. • Administratively, the site plan process has facilitated the subsequent building permit by "clearing" all zoning requirements ahead of a building permit application. • As this is a new process for the City, some requirements changed mid -way through the year. For example, the Fire department added a new requirement for physical signage on the property. As these changes happened, initiated by other departments, it did have some impact on timelines. Staff are confident that the requirements now in place are the ones that will continue moving forward • A few applicants would have liked to have added an attached garage to their backyard home. This is challenging without exceeding the maximum floor area rules. Staff will explore flexibility in the floor area maximums to facilitate a small, attached garage. Ensuring the overall scale/massing of the unit remains secondary to the main house would be a key consideration. • Overall, the zoning regulations in place for backyard homes are achievable on most applications, though some minor variances have been required for rules such as lot width and setbacks. In the coming years, simplification of zoning regulations is worth exploring to expedite the application process and provide more design options. Next Steps Staff has heard from applicants who responded to the survey that there is a strong desire for a "more streamlined" approach to approving backyard homes. Staff has also observed that the site plan application process can be administratively challenging, particularly where applications do not meet submission requirements. Staff will continue to explore efficiencies in the approvals process for backyard homes. As site plan applications are approved, a courtesy notice is mailed to property owners within 30 metres of the approved backyard home to advise them of the approval. Depending on the neighbourhood, between 5 and 20 letters would be mailed. Residents generally seem Page 519 of 520 to appreciate the courtesy letter. From staff's perspective the courtesy letter is a minor process inefficiency as it is an additional step. Staff will continue to monitor. Overall, the City of Kitchener is still in the early days of permitting backyard homes. Staff and applicants continue to gain more experience navigating the approvals process. Staff continue to strive for a streamlined approach, while balancing other factors such as ensuring the units can be safely accessed by emergency services and confirming that all zoning requirements are met. Going forward, future refinements to zoning may help facilitate a quicker approvals process and staff will continue to monitor progress. 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: This update report primarily utilized the themes of "INFORM" and "CONSULT" from the City's Community Engagement Policy. The following summarizes the community engagement: ■ This report has been posted to the City's website with the agenda in advance of the council / committee meeting. ■ An online survey was sent by email to each of the 26 applicants who have applied for a site plan application for a backyard home. Staff received 9 responses. ■ A mailed letter with a link to an online survey was sent to properties within 30 metres of the 2 backyard homes whose construction is largely complete to gather feedback on their perception of the backyard home in their neighbourhood. Several responses were received which provided input to this report. PREVIOUS REPORTS/AUTHORITIES: • DSD -2021-9 Zoning By-law Amendment - Additional Dwelling Units • DSD -2021-76 Zoning By-law Amendment — Additional Dwelling Units, Parking Requirements Near LRT Stations REVIEWED BY: Natalie Goss, Manager, Policy and Research APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: N/A Page 520 of 520