HomeMy WebLinkAboutPSI Agenda - 2022-08-08Planning & Strategic Initiatives Committee
Agenda
Monday, August 8, 2022, 7:00 p.m. - 9:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
The City of Kitchener has aligned with provincial changes to COVID-19 restrictions and City Hall is
now open for in-person services, however appointments are still encouraged. Council and
Committees of Council are now being offered in a hybrid format and welcome delegate participation
either in-person or electronically. Those people interested in participating in this meeting can register
online using the delegation registration form at www.kitchener.ca/delegation or via email at
delegation (a)kitchener.ca. For in-person delegations, registration can be facilitated up until the start of
the meeting. For those who are interested in participating electronically, registration will be required 2
hours prior to the scheduled start of the meeting. The meeting live -stream and archived videos are
available at www.kitchener.ca/watchnow
Please refer to the delegations section on the agenda below for registration deadlines. Written
comments will be circulated prior to the meeting and will form part of the public record.
*Accessible formats and communication supports are available upon request. If you require
assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.*
Chair: Councillor D. Chapman
Vice -Chair: Councillor P. Singh
Pages
1. Commencement
2. Consent Items
The following matters are considered not to require debate and should be
approved by one motion in accordance with the recommendation contained in
each staff report. A majority vote is required to discuss any report listed as
under this section.
2.1. Climate Change and Environment Committee — Updated Terms of 3
Reference (Policy GOV-BOV-100), DSD -2022-367
3. Delegations
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. All Delegations where
possible are encouraged to register prior to the start of the meeting. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 5: 00 p. m. on August 8, 2022, in order to participate electronically.
3.1. None at this time.
4. Discussion Items
4.1. None.
5. Public Hearing Matters under the Planning Act
This is a formal public meeting to consider applications under the Planning Act.
If a person or public body does not make oral or written submissions to the City
of Kitchener before the proposed applications are considered, the person or
public body may not be entitled to appeal the decision to the Ontario Land
Tribunal and may not be added as a party to a hearing of an appeal before the
Ontario Land Tribunal.
5.1. Official Plan Amendment OP18/005/B/GS - 30 m 17
Zoning By-law Amendment ZBA18/006/B/GS -
Draft Plan of Subdivision 30T-18201 -1801-
1873 Bleams Road - Ktchener Green
Development Inc., DSD -2022-366
(Staff will provide a 5 minute presentation on this matter.)
5.2. Official Plan Amendment OPA21/013/C/KA - 30 m 203
Zoning By-law Amendment ZBA21 /022/C/KA -
95-101 Cedar Street South - St. Pola Group
Inc., DSD -2022-356
(Staff will provide a 5 minute presentation on this matter.)
5.3. Zoning By-law Amendment ZBA20/017/W/ES - 30 m 281
42 Windom Road - Windom KW Inc. DSD -
2022 -348
(Staff will provide a 5 minute presentation on this matter.)
6. Information Items
6.1. None.
7. Adjournment
Mariah Blake
Committee Administrator
Page 2 of 336
Staff Report
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NJ :R
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 8, 2022
SUBMITTED BY: Rosa Bustamante, Director, Planning Development Services,
519-741-2200 ext. 7319
PREPARED BY: Carrie Musselman, Senior Environmental Planner,
519-741-2200 ext. 7068
WARD(S) INVOLVED: All Wards
DATE OF REPORT: July 11, 2022
REPORT NO.: DSD -2022-367
SUBJECT: Climate Change and Environment Committee — Updated Terms of
Reference (Policy GOV-BOV-100)
RECOMMENDATION:
That the name of the Environmental Committee be changed to Climate Change and
Environment Committee; and,
That Climate Change and Environment Committee - Terms of Reference (Policy GOV-BOV-
100) attached to report DSD -2002-367 be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide an overview of the review process that was undertaken
and outline substantive changes to Council Policy GOV-BOV-100 being the Environmental
Committee Terms of Reference. The substantive changes include a new name, and expansion
of the mandate to include climate change.
• There are no financial implications.
• The updated Terms of Reference reflects feedback received from current committee members
and staff.
• This report supports Environmental Leadership and the delivery of core services.
BACKGROUND:
The Environmental Committee Terms of Reference was last reviewed in 2009 with updates
approved in January 2010. In 2015, as part of the corporate Policy Review it was recommended that
to ensure policies are up-to-date and still relevant, they should be reviewed every 3-5 years and that
each policy have a review date identified on the document.
REPORT:
At the March 24th 2022 Environmental Committee meeting staff presented an outline of the current
Environmental Committee Terms of Reference, which included a synopsis of the purpose and
contents. As part of the presentation, and to assist with the Terms of Reference review, the
committee members were asked to consider (and comment on) the following questions:
What are our objectives as a committee?
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 3 of 336
• What does the committee want to achieve?
• What will be different because of the work that the committee does?
• What changes and/or updates does the committee recommend?
In addition to the discussion at the March meeting, members were provided a copy of the
presentation via email and asked to share their thoughts and/or suggestions for improvements
directly to staff. A summary of feedback from committee members includes:
• Look at what additional measures could be taken to help improve the quality of life for people of
Kitchener (i.e., biodiversity, climate change, water and natural resources, environmental
sustainability, integrity, and conservation of the City's resources).
• Simplify the committee's role so that we can do one job well vs. many jobs poorly.
• It would be helpful to have a clear designation of our roles and responsibilities.
• The sub -committee structure is not beneficial. We should work on a project or two as a whole
committee with a designated mandate and leader.
On April 251h, staff from across the organization who are familiar presenting information to the
Environmental Committee (or advisory committees), met and shared their thoughts and/or
suggestions on updates to the Terms of Reference. A summary of staff feedback provided is:
• A very clear purpose and mandate should be provided to empower committee members and
assist with recruitment.
• Clarity on what should be brought to the committee is needed. Staff are seeking guidance to
understand what projects and items are within the mandate of the committee to review and
provide comments/resolutions on.
• It would be beneficial to include volunteers with technical expertise to bring a diversity of
environmental backgrounds who understand municipal process.
An updated Council Policy was developed based on the above-mentioned feedback received and
on a review of terms of reference employed by other municipal environmental advisory committees.
The updated Terms of Reference has been formatted to be clear and concise and some notable
changes include:
• The renaming of the committee to 'Climate Change and Environment Committee' to support its
new purpose and mandate.
• A new purpose that states the committee is to support and advise Council in implementing the
environmental goals and policies concerning climate change and other environmental matters
within the City of Kitchener.
• A new mandate that aligns with strategic plans or strategies (i.e., Strategic Plan, Strategic Plan
for the Environment, Corporate Climate Action Plan, and the TransformWR Climate Action
Strategy) and includes a list of duties the committee may participate in or contribute to.
• The committee composition will change from 10 or 11 members to between 8 to 12 members.
This composition will better align with other advisory committees and should provide more
flexibility during the membership selection process while at the same time maintain a balance of
expertise and structure.
• Members will no longer be asked to be a member of at least one sub -committee. Going forward,
sub -committees may be formed to complete specific tasks related to the committee's mandate
and work plan.
At the June 16th Environmental Committee meeting and through a follow-up email sent July 14th, the
committee have had an opportunity to review and comment on the updated Terms of Reference.
Members generally expressed support for the updated Terms of Reference, suggesting a minor
revision that membership terms may be staggered to allow for continuance of experience. This
revision has been included in the Terms of Reference attached to this report.
Page 4 of 336
STRATEGIC PLAN ALIGNMENT:
This report supports Environmental Leadership and the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Council / Committee meeting.
CONSULT —The Environmental Committee and various internal stakeholders have been consulted.
PREVIOUS REPORTS/AUTHORITIES:
• CRPS-10-001 Environmental Committee Recommendation — Council Policy 1-100
(Environmental Committee — Terms of Reference)
REVIEWED BY: Natalie Goss — Manager, Policy and Research
APPROVED BY: Justin Readman — General Manager, Development Services
ATTACHMENTS: Attachment A — Policy GOV-BOV-100 (Climate Change and Environment
Committee - Terms of Reference)
Attachment B — Policy GOV-BOV-100 (Environmental Committee -
Terms of Reference)
Attachment C — Terms of Reference Compared
Page 5 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
1. PURPOSE:
The Environmental Committee is to support and advise Council in implementing the
environmental goals and policies concerning climate change and other environmental matters
within the City of Kitchener.
2. MANDATE:
To assist in advancing Council's strategic priorities as outlined in the Strategic Plan, Strategic
Plan for the Environment, Corporate Climate Action Plan, and the TransformWR Climate Action
Strategy.
Specific duties of the Committee may include:
a) Provide input on relevant environmental issues, policies, projects, or programs that are
within the jurisdiction of the municipality.
b) Serve as a forum for delegations to provide public input on environmental matters.
c) Discuss new, relevant, or unexplored environmental or climate change issues.
d) Assist Council and staff in identifying research needs and environmental data gaps, assist
in gathering data, undertaking research, and formulating a strategy to improve the
information available for private and public use.
e) Support approved municipal initiatives with respect to the education of citizens on matters
of environment significance.
f) Undertake other environmental projects assigned by Council from time to time.
3. DEFINITIONS:
a) Climate Change: a long-term change in the weather conditions of a region, due to
natural processes or human -induced changes in the composition of the atmosphere.
Page 1 of 3
Page 6 of 336
POLICY
Policy No: GOV-BOA-100
Policy Title:
CLIMATE CHANGE AND
Approval Date:
January 18, 2010
ENVIRONMENT COMMITTEE
-TERMS OF REFERENCE
Policy Type:
COUNCIL
Reviewed Date:
July 2016
Next Review Date:
July 2028
Reviewed Date:
Category:
Governance
Last Amended:
August 2022
Sub-
Board & Committee
Replaces:
Category:
Author:
Author Unknown
Repealed:
Dept/Div:
Development Services /
Replaced by:
Administration
Related Policies, Procedures and/or Guidelines:
■ GOV-BOA-060 (Advisory Committees)
■ GOV-BOA-063 (Appointment to Boards & Committees)
■ GOV-COU-005 (Code of Conduct for Members of Council, Local Boards & Advisory
Committees)
■ Municipal Code Chapter 25 (Procedures)
1. PURPOSE:
The Environmental Committee is to support and advise Council in implementing the
environmental goals and policies concerning climate change and other environmental matters
within the City of Kitchener.
2. MANDATE:
To assist in advancing Council's strategic priorities as outlined in the Strategic Plan, Strategic
Plan for the Environment, Corporate Climate Action Plan, and the TransformWR Climate Action
Strategy.
Specific duties of the Committee may include:
a) Provide input on relevant environmental issues, policies, projects, or programs that are
within the jurisdiction of the municipality.
b) Serve as a forum for delegations to provide public input on environmental matters.
c) Discuss new, relevant, or unexplored environmental or climate change issues.
d) Assist Council and staff in identifying research needs and environmental data gaps, assist
in gathering data, undertaking research, and formulating a strategy to improve the
information available for private and public use.
e) Support approved municipal initiatives with respect to the education of citizens on matters
of environment significance.
f) Undertake other environmental projects assigned by Council from time to time.
3. DEFINITIONS:
a) Climate Change: a long-term change in the weather conditions of a region, due to
natural processes or human -induced changes in the composition of the atmosphere.
Page 1 of 3
Page 6 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
b) Climate Change Adaptation: actions taken to lower the risks posed by the consequences
of climatic changes.
c) Climate Change Mitigation: actions taken to decrease the greenhouse gas emissions that
cause climate change.
d) Environment: is all encompassing and includes air, land, landscapes, water, plant and
animal life, and anything made by human beings.
e) Ecologically Sound Environment: implies an environment that is healthy and capable of
sustaining all forms of life in a natural state.
4. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
❑ All Employees
❑ All Union
❑ All Union
❑ All Union Management
❑ C.U.P.E. 68 Civic
❑ Non -Union
❑ C.U.P.E. 68 Mechanics
❑ Temporary
❑ C.U.P.E. 791
❑ Student
❑ I.B.E.W. 636
❑ Part -Time Employees
❑ K.P.F.F.A.
❑ Specified Positions only:
❑ Other:
❑ Council
0 Local Boards & Advisory Committees
5. COMMITTEE COMPOSITION:
a) The Committee shall be comprised of eight (8) to twelve (12) members of the community -
at -large and one (1) member of Council.
b) Quorum shall be a simple majority of the total number of committee members (i.e.,
50%). If determined practical, a meeting may proceed without a quorum, however,
substantive recommendations are not fully ratified until supported by the majority of
members.
c) The Chair and Vice Chair of the Committee shall be elected from among the members at
the first meeting of each calendar year.
6. APPOINTMENTS:
a) Appointments shall be based on an applicant's demonstrated interest and participation in
environmental matters, academic qualification, work experience, knowledge, and
professional expertise.
b) Optimally, two-thirds of the Committee shall have formal training in an environmental
discipline. Consideration will also be given to diversity of age, education, and lived
experience.
c) Members are appointed as individuals and not as representatives of their respective
employers or interest groups.
d) Appointments will run a term of 2 years with eligibility for re -appointment for a maximum
of two additional terms.
e) Membership terms may be staggered to allow for the continuation of experience.
f) If a member misses three (3) consecutive meetings without an acceptable reason, the
individual's appointment to the Committee may be revoked at the discretion of staff and/or
Council.
7. MEETING STRUCTURE:
a) Meetings shall be conducted in accordance with Municipal Code Chapter 25 (Procedures)
as adopted by Council.
Page 2 of 3
Page 7 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
b) The Committee shall endeavor to meet monthly except July and August (up to ten (10)
meetings per year).
c) Meetings shall commence at 4:00 p.m. on the third Thursday of the month, with a goal of
being a maximum of two (2) hours in duration.
d) In consultation with the committee chair, staff will generate content for each meeting to
ensure progress of the committee's work plan.
e) Agendas for each meeting will be distributed to members in a timely manner via email
along with the minutes of the previous meeting.
f) Minutes will be received by Council and relevant recommendations will be forwarded to
staff for review and action if deemed necessary. Recommendations must relate to the
committee's mandate.
8. GENERAL CONDUCT:
a) All members will abide by the City of Kitchener Code of Conduct for Members of Council,
Local Boards & Advisory Committees (Policy GOV-COU-005) and other applicable City
policies and guidelines.
9. WORK PLAN:
a) At the beginning of each term, the committee in cooperation with staff will prepare a work
plan that identifies priority environmental issues and actions.
b) At the beginning of each year, the committee will update the work plan and will summarize
the actions completed in the previous year. The committee will forward the summary of
actions completed to Council.
10. SUB -COMMITTEES:
a) Sub -committees may be formed to complete specific tasks related to the committee's
mandate and work plan but must report through the committee.
b) The Chair may be considered an alternate member of all sub -committees allowing them
to attend a sub -committee meeting in place of one of its appointed members when it is
deemed crucial to advance the Committee's business.
c) A sub -committee shall not meet or exceed quorum.
11. REPORTING:
a) The Environmental Committee is an advisory committee established by Council in
accordance with these adopted Terms of Reference.
b) The committee does not have any delegated authority. Recommendations requiring
implementation, expenditures, reports, or staff actions must first be considered by staff
and/or Council.
c) The Environmental Committee reports to the Planning & Strategic Initiatives Committee
unless the Councillor Liaison, in consultation with the Committee Administrator, deems it
expedient that a report be made directly to Council.
12. HISTORY OF POLICY CHANGES
Administrative Updates
2016-07-01 - 1-100 policy template re -formatted to new numbering system and given number
GOV-BOA-100
2018-04-03 - Department name change due to corporate re -organization.
Formal Amendments
No amendment history to date.
Page 3 of 3
Page 8 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
1. POLICY PURPOSE:
a) To provide information and advice to Council on environmental issues within the scope
of the Municipality.
b) To promote the protection, maintenance, and enhancement of the environment in a
manner consistent with the City of Kitchener Strategic Plon for the Environment.
c) To be a catalyst for local initiatives that promotes environmental sustainability, integrity
and conservation of the City's resources and ecosystems as well as to provide input to
protect, maintain, restore and enhance the environment within the Municipality.
2. DEFINITIONS:
To be added at next review.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
POLICY
Policy No: GOV-BOA-100
Policy Title:
ENVIRONMENTAL COMMITTEE
-TERMS OF REFERENCE
Approval Date:
January 18, 2010
Policy Type:
COUNCIL
Reviewed Date:
July 2016
❑ I.B.E.W. 636
❑ Part -Time Employees
Next Review Date:
July 2021
❑ Other:
❑ Council
Reviewed Date:
Category:
Governance
Last Amended:
Sub -Category:
Board & Committee
Replaces:
Author:
Author Unknown
Repealed:
Dept/Div:
Development Services /
Administration
Replaced by:
Related Policies, Procedures and/or Guidelines:
To be added at next review.
1. POLICY PURPOSE:
a) To provide information and advice to Council on environmental issues within the scope
of the Municipality.
b) To promote the protection, maintenance, and enhancement of the environment in a
manner consistent with the City of Kitchener Strategic Plon for the Environment.
c) To be a catalyst for local initiatives that promotes environmental sustainability, integrity
and conservation of the City's resources and ecosystems as well as to provide input to
protect, maintain, restore and enhance the environment within the Municipality.
2. DEFINITIONS:
To be added at next review.
3. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
❑ All Employees
❑ All Union
❑ All Union
❑ All Union Management
❑ C.U.P.E. 68 Civic
❑ Non Union
❑ C.U.P.E. 68 Mechanics
❑ Temporary
❑ C.U.P.E. 791
❑ Student
❑ I.B.E.W. 636
❑ Part -Time Employees
❑ K.P.F.F.A.
❑ Specified Positions only:
❑ Other:
❑ Council
❑ Local Boards & Advisory Committees
To be added at next review.
Page 1 of 5
Page 9 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
4. POLICY CONTENT:
a) To participate within working groups designed to carry out the Environmental
Committee's work program and other corporate environmental initiatives assigned to the
Committee; and as necessary, report on any changes to their scope or priority.
b) To consider matters referred to the Environmental Committee on policies, projects and
programs, and when necessary, make recommendations to the Planning & Strategic
Initiatives Committee.
c) To serve as a forum for delegations to provide public input on environmental matters
within the scope of the issues being considered by the Environmental Committee, and
where appropriate, make recommendations to the Planning & Strategic Initiatives
Committee.
d) To assist in the promotion of initiatives related to greenspace, environmental restoration,
environmental rehabilitation and enhancement projects.
e) To undertake educational initiatives both formally and informally to raise the profile of
the environment and to further the public understanding of environmental issues.
f) To co-operate with, but avoid duplicating, the activities of other committees or
organizations.
Composition
a) The Environmental Committee shall be comprised of one member of Council and ten (10)
or eleven (11) members of the public appointed by Council.
b) Quorum for Environmental Committee meetings is five (5) members.
Appointments
a) Appointments shall be based on an applicant's demonstrated interest and participation
in environmental matters, academic qualification, work experience, knowledge and
professional expertise. How an applicant's knowledge and skills complement the
expertise of the Environmental Committee and availability to attend meetings and serve
on various subcommittees shall also be considered.
b) Optimally, two-thirds of the Environmental Committee shall have formal training in an
environmental discipline.
c) Members are appointed as individuals and not as representatives of their respective
employers or interest groups.
d) Members are appointed to the Environmental Committee for a term of two (2) years with
eligibility for re -appointment for a maximum of two (2) additional terms, totaling six (6)
consecutive years on the Committee.
e) In the event that a member misses three (3) consecutive meetings without an acceptable
reason, the individual's appointment to the Environmental Committee may be rescinded
by Council.
Chair & Vice -Chair
Page 2 of 5
Page 10 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
a) The Chair and Vice -Chair of the Environmental Committee shall be elected from among
the members at the first meeting of each calendar year.
b) Where necessary, the Chair and the Committee Administrator will confer to ascertain
appropriate course of action to dispense with a matter being considered by the
Environmental Committee.
Sub -Committees
a) Where the Environmental Committee feels that a sub -committee is required, said sub-
committee is to be adhoc in nature with a mandate to address specific environmental
issues.
b) Each sub -committee's mandate is to be reviewed annually to determine whether it needs
to continue.
c) The Chair and/or Vice -Chair may be considered alternate members of all sub -committees
allowing them to attend a sub -committee meeting in place of one of its appointed
members when it is deemed crucial to advance the Environmental Committee's business.
d) Membership on a sub -committee shall not meet or exceed quorum (no more than four
(4) members).
e) Each member of the Environmental Committee shall endeavor to be a member of at least
one sub -committee.
f) All sub -committees are required to report to the Environmental Committee in a timely
fashion with their findings/recommendations upon meeting the objectives specified in
their mandates.
g) Where deemed necessary by the Environmental Committee, subcommittees may also be
established to assist and co-ordinate activities such as Environment Day, Environmental
Assessment (EA) Working Groups, Kitchener Natural Areas Program, etc.
Meetings
a) Meetings shall be conducted in accordance with Municipal Code Chapter 25 (Procedures)
as adopted by Council.
b) b. The Environmental Committee shall endeavor to meet monthly, except July and August
(up to ten (10) meetings per year).
c) c. Meetings shall commence at 4:OOp.m., with a goal of being a maximum of two (2) hours
in duration.
d) d. Pursuant to Chapter 25 (Procedures), all meetings are open to the public, except as
permitted by the Municipal Act, 2001.
e) e. Pursuant to Chapter 25 (Procedures), every member present at a meeting when a
question is put shall vote there on, unless prohibited by Council Policy] -05 (Code of
Conduct), in which case it will be recorded accordingly. Any member who refuses to vote
will be recorded as voting in the negative. In the event of an equality of votes, the
question being voted on is deemed to be lost.
Agenda
The meeting agenda will be drafted by staff from Legislated Services Division in
Page 3 of 5
Page 11 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
Consultation with Environmental Planning staff, the Environmental Committee
Chair and/or Vice -Chair at least two (2) weeks prior to the meeting.
Mini itac
Minutes shall be kept by the Committee Administrator and will be distributed to all members of
Council and the Corporate Management Team.
Delegations
a) Delegations shall address the Environmental Committee with respect to matters listed on
the agenda for a maximum of five (5) minutes. Where a delegation consists of five (5) or
more persons, it may be permissible for two (2) spokespersons to address the
Environmental Committee, each of whom shall be granted a maximum of five (5) minutes.
b) Speakers will be requested not to repeat what has been stated by previous speakers
addressing the Environmental Committee.
c) All presentation materials to be considered by the Environmental Committee shall be
legible, in writing and filed whenever possible with Legislated Services staff no later than
two (2) days prior to the finalization of the respective agenda and shall be included as part
of the support
d) material attached to the agenda.
Ethics
Code of Conduct
a) All members of Council, local boards and advisory committees must operate in
accordance with Council Policy 1-05 (Code of Conduct).
b) Members shall be committed to performing their functions with integrity and to avoid the
improper use of the influence of their office, and conflicts of interest, both real and
apparent.
c) Members are expected to perform their duties in office and arrange their private affairs
in a manner that promotes public confidence and will bear close public scrutiny.
d) Members are responsible for making honest statements and no member shall make a
statement when they know that statement is false, or with the intent to mislead other
members or the public.
e) Members shall seek to serve the public interest by upholding both the letter and the spirit
of the laws and policies established by the Federal Parliament, Ontario Legislature, and
Kitchener City Council.
Reporting
Page 4 of 5
Page 12 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
a) The Environmental Committee is an advisory committee established by Kitchener City
Council in accordance with these adopted Terms of Reference. Environmental Committee
members are bound by these Terms of Reference and are responsible to Council.
b) The Environmental Committee reports to the Planning & Strategic Initiatives Committee
unless the Councillor Liaison, in consultation with the Committee Administrator, deems it
expedient that a report be made directly to Council.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-07-01 - 1-100 policy template re -formatted to new numbering system and given number
GOV-BOA-100
2018-04-03 - Department name change due to corporate re -organization.
Formal Amendments
No amendment history to date.
Page 5 of 5
Page 13 of 336
Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
1. PURPOSE:
The Environmental Committee is to support and advise Council in implementing the
environmental goals and policies concerning climate change and other environmental matters
within the City of Kitchener.
2. MANDATE:
To assist in advancing Council's strategic priorities as outlined in the Strategic Plan, Strategic
Plan for the Environment, Corporate Climate Action Plan, and the TransformWR Climate Action
Strategy.
Specific duties of the Committee may include:
a) Provide input on relevant environmental issues, policies, projects, or programs that are
within the jurisdiction of the municipality.
b) Serve as a forum for delegations to provide public input on environmental matters.
c) Discuss new, relevant, or unexplored environmental or climate change issues.
d) Assist Council and staff in identifying research needs and environmental data gaps, assist
in gathering data, undertaking research, and formulating a strategy to improve the
information available for private and public use.
e) Support approved municipal initiatives with respect to the education of citizens on matters
of environment significance.
f) Undertake other environmental projects assigned by Council from time to time.
3. DEFINITIONS:
a) Climate Change: a long-term change in the weather conditions of a region, due to
natural processes or human -induced changes in the composition of the atmosphere.
Page 1 of 3
Page 14 of 336
POLICY
Policy No: GOV-BOA-100
Policy Title:
CLIMATE CHANGE AND
Approval Date:
January 18, 2010
ENVIRONMENT COMMITTEE
-TERMS OF REFERENCE
Policy Type:
COUNCIL
Reviewed Date:
July 2016
Next Review Date:
July 2028
Reviewed Date:
Category:
Governance
Last Amended:
August 2022
Sub-
Board & Committee
Replaces:
Category:
Author:
Author Unknown
Repealed:
Dept/Div:
Development Services /
Replaced by:
Administration
Related Policies, Procedures and/or Guidelines:
■ GOV-BOA-060 (Advisory Committees)
■ GOV-BOA-063 (Appointment to Boards & Committees)
■ GOV-COU-005 (Code of Conduct for Members of Council, Local Boards & Advisory
Committees)
■ Municipal Code Chapter 25 (Procedures)
1. PURPOSE:
The Environmental Committee is to support and advise Council in implementing the
environmental goals and policies concerning climate change and other environmental matters
within the City of Kitchener.
2. MANDATE:
To assist in advancing Council's strategic priorities as outlined in the Strategic Plan, Strategic
Plan for the Environment, Corporate Climate Action Plan, and the TransformWR Climate Action
Strategy.
Specific duties of the Committee may include:
a) Provide input on relevant environmental issues, policies, projects, or programs that are
within the jurisdiction of the municipality.
b) Serve as a forum for delegations to provide public input on environmental matters.
c) Discuss new, relevant, or unexplored environmental or climate change issues.
d) Assist Council and staff in identifying research needs and environmental data gaps, assist
in gathering data, undertaking research, and formulating a strategy to improve the
information available for private and public use.
e) Support approved municipal initiatives with respect to the education of citizens on matters
of environment significance.
f) Undertake other environmental projects assigned by Council from time to time.
3. DEFINITIONS:
a) Climate Change: a long-term change in the weather conditions of a region, due to
natural processes or human -induced changes in the composition of the atmosphere.
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Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
b) Climate Change Adaptation: actions taken to lower the risks posed by the consequences
of climatic changes.
c) Climate Change Mitigation: actions taken to decrease the greenhouse gas emissions that
cause climate change.
d) Environment: is all encompassing and includes air, land, landscapes, water, plant and
animal life, and anything made by human beings.
e) Ecologically Sound Environment: implies an environment that is healthy and capable of
sustaining all forms of life in a natural state.
4. SCOPE:
POLICY APPLIES TO THE FOLLOWING:
❑ All Employees
❑ All Union
❑ All Union
❑ All Union Management
❑ C.U.P.E. 68 Civic
❑ Non -Union
❑ C.U.P.E. 68 Mechanics
❑ Temporary
❑ C.U.P.E. 791
❑ Student
❑ I.B.E.W. 636
❑ Part -Time Employees
❑ K.P.F.F.A.
❑ Specified Positions only:
❑ Other:
❑ Council
0 Local Boards & Advisory Committees
5. COMMITTEE COMPOSITION:
a) The Committee shall be comprised of eight (8) to twelve (12) members of the community -
at -large and one (1) member of Council.
b) Quorum shall be a simple majority of the total number of committee members (i.e.,
50%). If determined practical, a meeting may proceed without a quorum, however,
substantive recommendations are not fully ratified until supported by the majority of
members.
c) The Chair and Vice Chair of the Committee shall be elected from among the members at
the first meeting of each calendar year.
6. APPOINTMENTS:
a) Appointments shall be based on an applicant's demonstrated interest and participation in
environmental matters, academic qualification, work experience, knowledge, and
professional expertise.
b) Optimally, two-thirds of the Committee shall have formal training in an environmental
discipline. Consideration will also be given to diversity of age, education, and lived
experience.
c) Members are appointed as individuals and not as representatives of their respective
employers or interest groups.
d) Appointments will run a term of 2 years with eligibility for re -appointment for a maximum
of two additional terms.
e) Membership terms may be staggered to allow for the continuation of experience.
f) If a member misses three (3) consecutive meetings without an acceptable reason, the
individual's appointment to the Committee may be revoked at the discretion of staff and/or
Council.
7. MEETING STRUCTURE:
a) Meetings shall be conducted in accordance with Municipal Code Chapter 25 (Procedures)
as adopted by Council.
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Policy No: GOV-BOA-100
Policy Title: ENVIRONMENTAL COMMITTEE -TERMS OF REFERENCE
b) The Committee shall endeavor to meet monthly except July and August (up to ten (10)
meetings per year).
c) Meetings shall commence at 4:00 p.m. on the third Thursday of the month, with a goal of
being a maximum of two (2) hours in duration.
d) In consultation with the committee chair, staff will generate content for each meeting to
ensure progress of the committee's work plan.
e) Agendas for each meeting will be distributed to members in a timely manner via email
along with the minutes of the previous meeting.
f) Minutes will be received by Council and relevant recommendations will be forwarded to
staff for review and action if deemed necessary. Recommendations must relate to the
committee's mandate.
8. GENERAL CONDUCT:
a) All members will abide by the City of Kitchener Code of Conduct for Members of Council,
Local Boards & Advisory Committees (Policy GOV-COU-005) and other applicable City
policies and guidelines.
9. WORK PLAN:
a) At the beginning of each term, the committee in cooperation with staff will prepare a work
plan that identifies priority environmental issues and actions.
b) At the beginning of each year, the committee will update the work plan and will summarize
the actions completed in the previous year. The committee will forward the summary of
actions completed to Council.
10. SUB -COMMITTEES:
a) Sub -committees may be formed to complete specific tasks related to the committee's
mandate and work plan but must report through the committee.
b) The Chair may be considered an alternate member of all sub -committees allowing them
to attend a sub -committee meeting in place of one of its appointed members when it is
deemed crucial to advance the Committee's business.
c) A sub -committee shall not meet or exceed quorum.
11. REPORTING:
a) The Environmental Committee is an advisory committee established by Council in
accordance with these adopted Terms of Reference.
b) The committee does not have any delegated authority. Recommendations requiring
implementation, expenditures, reports, or staff actions must first be considered by staff
and/or Council.
c) The Environmental Committee reports to the Planning & Strategic Initiatives Committee
unless the Councillor Liaison, in consultation with the Committee Administrator, deems it
expedient that a report be made directly to Council.
12. HISTORY OF POLICY CHANGES
Administrative Updates
2016-07-01 - 1-100 policy template re -formatted to new numbering system and given number
GOV-BOA-100
2018-04-03 - Department name change due to corporate re -organization.
Formal Amendments
No amendment history to date.
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Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 8, 2022
SUBMITTED BY: Bustamante, Rosa - Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Garett Stevenson - Manager of Development Review, 519-741-2200
ext. 7070
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: July 6, 2022
REPORT NO.: DSD -2022-366
SUBJECT: Draft Plan of Subdivision Application 30T-18201
Official Plan Amendment Application OP18/005/B/GS
Zoning By-law Amendment ZBA18/006/B/GS
1801-1873 Bleams Road
Kitchener Green 2 Developments Inc., Kitchener Green Development
Inc., 2079546 Ontario Limited, & Kitchener Green 3 Developments
Inc.
RECOMMENDATION:
That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of
Subdivision Application 30T-18201 in the City of Kitchener, for Kitchener Green 2
Developments Inc., Kitchener Green Development Inc., 2079546 Ontario Limited, & Kitchener
Green 3 Developments Inc., subject to the conditions attached to Report DSD -2022-366 as
Appendix `A'; and,
That Official Plan Amendment Application OP18/005/B/GS for Kitchener Green 2
Developments Inc., Kitchener Green Development Inc., 2079546 Ontario Limited, & Kitchener
Green 3 Developments Inc. requesting a change to the Land Use Designation on the parcels
of land specified and illustrated on Schedule `A', be adopted, in the form shown in the Official
Plan Amendment attached to Report DSD -2022-366 as Appendix "B", and accordingly
forwarded to the Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA18/006/B/GS to amend Zoning By-laws 85-1
and 2019-051 for Kitchener Green 2 Developments Inc., Kitchener Green Development Inc.,
2079546 Ontario Limited, & Kitchener Green 3 Developments Inc. be approved in the form
shown in the "Proposed By-law" and "Map No. 1" attached to Report DSD -2022-366 as
Appendix "C"; and further,
That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor
variances shall be permitted for lands subject to this Zoning By-law Amendment
ZBA18/006/B/GS.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT HIGHLIGHTS:
The purpose of this report is to provide a planning recommendation regarding a Draft Plan of
Subdivision, an Official Plan Amendment, and a Zoning By-law Amendment to allow the subject
lands to be developed with a residential subdivision which includes up to 3572 dwelling units,
a large three hectare Neighbourhood park and three Urban Greens, two school blocks, two
mixed-use blocks, five multiple dwelling blocks, two storm water management ponds, as well
as open space, walkway, and road widenings blocks.
Planning staff recommend approval of the applications subject to the conditions outlined in the
report. The development proposal represents good planning and will allow for the completion
of the western portion of the Rosenberg community.
Community engagement included:
o installation of large billboard notice signs on the property;
o a notice of application circulation letter to all property owners within 120 metres;
o discussions with interested members of the public;
o a notice of the statutory public meeting sent to all property owners within 120 metres;
and
o notice of the public meeting was given in The Record on July 15, 2022.
This report supports the delivery of core services.
BACKGROUND:
Kitchener Green 2 Developments Inc., Kitchener Green Development Inc., 2079546 Ontario Limited,
& Kitchener Green 3 Developments Inc. (Mattamy Homes Canada) have requested draft approval
of a plan of subdivision approval, approval of an Official Plan Amendment, and approval of a Zoning
By-law Amendment for lands within the Rosenberg community. The lands include five parcels
totaling 96.21 hectares. The lands subject to the applications being considered as part of this report
are land south of Bleams Road, extending from Gehl Place to Trussler Road. A large portion of the
lands were used as a gravel pit, and the southern portion of the lands are used for farming
(agricultural).
Mattamy Homes Canada also owns lands to the south which are subject to draft plan of subdivision
30T-18202 which are not under consideration in this staff report.
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REPORT:
The applications seek approval to create a mixed-use community with up to 3572 dwelling units, a
large three hectare neighbourhood park and three Urban Greens, two school blocks, two mixed-use
blocks, five multiple dwelling blocks, two storm water management ponds, as well as open space,
walkway, and road widenings blocks.
This proposed community is centered along the future westerly extension of Rosenberg Way, which
is a planned street that will extend from Fischer Hallman (partially built as part of other communities
to the east) to Trussler Road. Rosenberg Way will be south of, and parallel to, Bleams Road. The
intersection of Rosenberg Way and Bandon Drive will be the centre of this new neighbourhood, and
will feature both school blocks, the neighbourhood park, a large open space storm water
management block, a mixed use block, and two of the multiple dwelling blocks. The remaining mixed
use and multiple residential blocks are centered around the other entries into the neighbourhood, as
the intersection of Rosenberg Way and Trussler Road as well as a Bleams Road and Essex Road.
Policy Conformity
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister,
the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their
responsibilities under this Act, shall have regard to, among other matters, matters of provincial
interest such as,
f) The adequate provision and efficient use of communication, transportation, sewage and
water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support public transit
and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive and
vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
These matters of provincial interest are addressed and are implemented through the Provincial
Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan
is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to
ensure Provincial policy is adhered to.
Provincial Policy Statement (PPS)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. The PPS sets out principles to achieve "healthy,
liveable and safe communities". The PPS is supportive of efficient development patterns that
optimize the use of land, resources, and public investment in infrastructure and public service
facilities. Further, the PPS directs the development of new housing to locations where appropriate
levels of infrastructure and public service facilities are or will be available to support current and
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projected needs and promotes densities for new housing which efficiently uses land, resources,
infrastructure, and public service facilities.
Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be
consistent with the policy statement that are in effect on the date of decision and shall conform with
the provincial plans that are in effect on that date, or shall not conflict with them, as the case may
be.
The PPS focuses growth and development within urban and rural settlement areas while supporting
the viability of rural areas. Land use must be carefully managed to accommodate appropriate
development to meet the full range of current and future needs, while achieving efficient
development patterns and avoiding significant or sensitive resources and areas which may pose a
risk to public health and safety.
Efficient development patterns optimize the use of land, resources and public investment in
infrastructure and public service facilities. These land use patterns promote a mix of housing,
including affordable housing, employment, recreation, parks and open spaces, and transportation
choices that increase the use of active transportation and transit before other modes of travel.
Policy 1.1.1 of the PPS states that, "Healthy, liveable and safe communities are sustained by
a) promoting efficient development and land use patterns which sustain the financial well-
being of the Province and municipalities over the long term;
b) accommodating an appropriate affordable and market-based range and mix of residential
types (including single -detached, additional residential units, multi -unit housing, affordable
housing and housing for older persons), employment (including industrial and commercial),
institutional (including places of worship, cemeteries and long-term care homes), recreation,
park and open space, and other uses to meet long-term needs;
e) promoting the integration of land use planning, growth management, transit -supportive
development, intensification and infrastructure planning to achieve cost-effective
development patterns, optimization of transit investments, and standards to minimize land
consumption and servicing costs;
g) ensuring that necessary infrastructure and public service facilities are or will be available
to meet current and projected needs;
h) promoting development and land use patterns that conserve biodiversity; and
i) preparing for the regional and local impacts of a changing climate."
Policy 1.1.2 requires that sufficient land shall be made available to accommodate an appropriate
range and mix of land uses to meet projected needs for a time horizon of up to 25 years, informed
by provincial guidelines.
The PPS notes that settlement areas are urban areas and rural settlement areas, and include cities,
towns, villages and hamlets, and policy 1.1.3.1 states that settlement areas shall be the focus of
growth and development. Policy 1.1.3.2 states that land use patterns within settlement areas shall
be based on densities and a mix of land uses which;
a) efficiently use land and resources; and
b) are appropriate for, and efficiently use, the infrastructure and public service facilities which
are planned or available and avoid the need for their unjustified and/or uneconomical
expansion.
Further, policy 1.1.3.2 states that land use patterns within settlement areas shall also be based on
a range of uses and opportunities for intensification and redevelopment in accordance with the
criteria in policy 1.1.3.3, where this can be accommodated. Policy 1.1.3.3 requires that Planning
authorities (such as the City of Kitchener) shall identify appropriate locations and promote
opportunities for transit -supportive development, accommodating a significant supply and range of
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housing options through intensification and redevelopment where this can be accommodated taking
into account existing building stock or areas, including brownfield sites, and the availability of suitable
existing or planned infrastructure and public service facilities required to accommodate projected
needs.
The proposed draft plan of subdivision, Official Plan amendment, and Zoning By-law amendment
applications represent planned development that has been designed as a transit oriented community
that is walkable and meets Regional and Provincial objectives by accommodating a mix of housing
types and densities and introducing new commercial and institutional uses. The proposal makes
efficient use of the land through comprehensively planned development and that meet minimum
density requirements, thus maximizing the recently constructed infrastructure which was installed to
service this area. The plan provides for a range of residential housing types and densities that are
in close proximity to planned Urban Greens and a large neighbourhood park. The lands are
designated for residential development and the proposed plan of subdivision establishes an efficient
development pattern that brings new residential, institutional, and commercial uses to the Rosenberg
community. Planning staff is of the opinion that the proposed applications are consistent with the
PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan)
Part of the Vision of the Greater Golden Horseshoe (GGH) is to ensure municipalities have sufficient
housing supply that reflects market demand and what is needed in local communities. Two of the
guiding principles of the Growth Plan are to prioritize intensification and higher densities in strategic
growth areas to make efficient use of land and infrastructure and support transit viability and to
support a range and mix of housing options, including second units and affordable housing, to serve
all sizes, incomes, and ages of households.
The Growth Plan directs Planning authorities in the Region of Waterloo to plan for a population of
923,000 people and 470,000 jobs by 2051. This would mean a population increase of approximately
299,070 in comparison to the Region's 2020 population of 623,930. The forecasted growth to the
2051 horizon is allocated to each municipality in the Region based on the following considerations:
the vast majority of growth will be directed to settlement areas that have a delineated built boundary,
have existing or planned municipal water and wastewater systems, and can support the achievement
of complete communities. As one of three cities in the Region, it can be expected that Kitchener will
be allocated a significant amount of the additional population allocation.
The development of the subject lands are within the City's delineated Designated Greenfield Area.
New development taking place in designated greenfield areas must be planned, designated, and
zoned in a manner that supports the achievement of complete communities, supports active
transportation, and encourages the integration and sustained viability of transit services.
The Growth Plan notes that complete communities should be designed to meet people's needs for
daily living throughout an entire lifetime by providing convenient access to an appropriate mix of
jobs, local services, public service facilities, and a full range of housing to accommodate a range of
incomes and household sizes. Complete communities support quality of life and human health by
encouraging the use of active transportation and providing high quality public open space, adequate
parkland, opportunities for recreation, and access to local and healthy food. Complete communities
support climate change mitigation by increasing the modal share for transit and active transportation
and by minimizing land consumption through building compact, mixed-use communities.
The subject lands are located within the City's Designated Greenfield Area, an area within the
Settlement Boundary that is designated for growth. Policy 2.2.7.1 states that new development
taking place in designated greenfield areas will be planned, designated, zoned and designed in a
manner that:
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a) supports the achievement of complete communities;
b) supports active transportation; and
c) encourages the integration and sustained viability of transit services.
Policy 2.2.7.2 requires that the minimum density target applicable to the designated greenfield area
for Waterloo Region is not less than 50 residents and jobs combined per hectare. The minimum
density for Kitchener's designated greenfield area, as required by Regional Official Plan policy
2.D.17 and Kitchener Official Plan policy 3.C.A.A14.a) is 55 residents and jobs combined per
hectare.
The proposed density of this community is a minimum of 55, and up to 100 residents and jobs
combined per hectare based on the total build out of the lands. Up to 3572 dwelling units are planned,
as well as non-residential uses including commercial and institutional (two schools). The planned
density of this development exceeds minimum density targets in the Rosenberg Secondary Plan.
The total density will be determined at the final build out of the lands, depending on the scale and
density of the multiple dwelling sites and nature of the commercial uses.
Planning staff are of the opinion that the proposed applications conform to the Growth Plan. The
lands have been designated to permit residential, intuitional, and commercial uses, as well as a large
neighbourhood park, open space blocks, and two Urban Greens. The applications propose a variety
of multiple dwelling types including single -detached, semi-detached, street -fronting townhouses,
cluster townhouses, back-to-back townhouse dwellings, as well as multiple dwellings. The mixed-
use blocks will feature ground floor commercial uses and the two intuitional blocks are planned
school locations. The planned density is 55-100 residents and jobs combined per hectare. The
extension of Rosenberg Way to Trussler will complete the intended road network for this portion of
the Rosenberg community. Rosenberg Way is planned as a complete street and will include bicycle
infrastructure to support the active transportation network.
Regional Official Plan
The subject lands are within the Urban Designated Greenfield Area established in the Regional
Official Plan. The ROP requires that areas serving primarily a residential function will meet or exceed
a minimum density of 55 residents and jobs combined per hectare on lands not subject to a plan of
subdivision application as of June 16, 2006.
The ROP policies require new communities to have sidewalks, community trails and bicycle
pathways that provide linkages within the neighbourhood and to other neighbourhoods, transit stops,
employment areas, school sites, food destinations, and community facilities.
Regional Planning have provided comment on the proposed applications, including subdivision
approval conditions, but overall have no objections to the proposed applications.
This future neighbourhood will complete the western portion of the Rosenberg community. The City's
Development Manual, coupled with the attached draft approval conditions, will ensure that the lands
are appropriately developed to City and Regional standards.
Official Plan
The vision of the City's Official Plan states "Together we will build an innovative, vibrant, attractive,
safe, complete and healthy community contributing to an exceptional quality of life." A complete
community creates and provides access to a mix of land uses including a full range and mix of
housing types. A complete community also supports the use of public transit and active
transportation, enabling residents to meet most of their daily needs within a short distance of their
homes. Planning for a complete community will aid in reducing the cost of infrastructure and
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servicing, encourage the use of public transit and active modes of transportation, promote social
interaction, and foster a sense of community.
Housing
Policy 4.1.1 states a housing objective of the City is to provide for an appropriate range, variety and
mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing
needs of our community through all stages of life. Policy 4.C.1.12 notes 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. Policy 4.C.1.1 states that the City will maintain at all times the
ability to accommodate residential growth for a minimum of ten years through residential
intensification and redevelopment and, if necessary, lands which are designated and available for
residential development. The proposed land use designations and proposed zoning permit a range
of housing options throughout the community.
Designated Greenfield Area
Policy 3.C.1.14.a) requires that a Designated Greenfield Area must be planned and developed to
achieve a minimum average density of 55 residents and jobs combined per hectare on lands not
subject to a plan of subdivision application as of June 16, 2006. As per policy 3.C.1.15, the
achievement of the average density targets is planned through the development of the Rosenberg
Secondary Plan. The proposed density of this community is a minimum of 55, and up to 100
residents and jobs combined per hectare based on the total build out of the lands.
Rosenberg Secondary Plan
Community structure elements and land use designations have been approved for these lands in
the Rosenberg Secondary Plan, which is part of the City's Official Plan. Rosenberg is a planned
complete community where people can walk or cycle to school, shop, and work. This neighbourhood
follows the "five minute walk principle" design and has been designed to be connected to the
surrounding area, including the communities to the east which are approved and under construction.
Community Structure
The proposed applications conform to the objectives of the community structure elements in the
Rosenberg Secondary Plan. Non-residential uses are clustered at the centre of the neighbourhood,
meaning that this focal point (neighbourhood park, non-residential uses, and schools) is within a 5
minute walk to residents in the community. Rosenberg Way and Bandon Drive are planned to
maximize the streetscape and are prioritized over other local streets. Built form and active uses will
frame these streets to support active transportation including walking and cycling. In addition to the
centrally located neighbourhood park, three Urban Greens are located throughout the
neighbourhood to ensure that public amenities are within a comfortable walk (around 2 minutes) for
all residents.
The two institutional sites are planned for future schools. A draft approval condition is included that
requires the Subdivider to provide an opportunity for the Waterloo Region District School Board and
the Waterloo Catholic District School to acquire blocks 16 and/or 17 and enter into a conditional
purchase and sale agreement, prior to the registration of stage 2. Should the City receive written
notification from either school board that their interest is waived for blocks 16 and/or 17 as school
sites, the Subdivider may proceed with residential or mixed-use development of Block 16. Block 16
is not identified as a potential school site in the Rosenberg Secondary Plan. In accordance with
Policy 13.10.3.4.1, lands designated Neighbourhood Institutional that are not identified as a potential
school site will permit educational establishments, religious institutions, community facilities,
residential care facility, day care facility and Low Density Residential Two land uses.
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Parks and Oben Space
Three Urban Greens and one neighbourhood park are planned and required in accordance with the
provisions of the Planning Act and the City's Parkland Dedication Policy. As per Policy 13.10.2.2.2.2,
this neighbourhood will include a neighbourhood parks which will be centrally located generally
within the 5 minute walk model, in addition to three Urban Greens.
In addition to the proposed public parks, private amenity/recreation space will be provided through
the site plan approval process for the multiple dwelling and mixed-use blocks, in accordance with
the guidelines in the City's Urban Design Manual. Additionally, the City will be dedicated Open Space
lands that do not count towards the required parkland dedication land area calculations.
Policy 13.10.2.8.2.1.2 states that potential Multi -use Pathways/Trails are conceptually shown on
Map 22c) Transportation Networks and final alignments will be subject to further technical review
and may change without an amendment to the Secondary Plan. Policy 13.10.3.5.1.2 permits minor
changes to the size and location of Neighbourhood Parks without an amendment to the Secondary
Plan. Further, Policy 13.10.3.5.2.2 states that the specific size, location and design of Urban Greens
will be further defined at the development application stage and minor changes to the size and
location may be permitted without an amendment to this plan.
Built Form and Streetscapes
A variety of built form typologies are planned for this community, including single detached, semi-
detached, duplex, townhouses, back-to-back townhouses, and multiple dwellings. Bandon Drive is
a gateway into the community and will be framed with built form that will collectively establish a
sense of place and neighbourhood character. Two of the Urban Greens are planned for the
roundabout gateway intersections and will feature a landscape design that is welcoming and will
bookend Rosenberg Way in this neighbourhood.
Further careful consideration of the streetscape will be undertaken for each street fronting
townhouse, multiple dwelling, mixed-use, and institutional block at the site planning stage to ensure
the built form and streetscape envisioned for Rosenberg is realized in this neighbourhood.
Policy 13.10.2.8.2.6 states that an East-West Major Collector Road that is parallel to Bleams Road
be provided (Rosenberg Way). Any Class Environmental Assessment that may be required should
be coordinated with development applications. The alignment of Rosenberg Way is slightly revised
from the alignment shown in the Secondary Plan, but meets the intent of the transportation plan for
the community and was reviewed for this community as part of this subdivision application.
Natural Environment
The Rosenberg community is home to a natural heritage system of Core Areas and Non -Core Areas
including Provincially Significant Wetlands, Regionally Significant Core Environmental Features,
Significant Habitat of Endangered or Threatened Species, Locally Significant Woodlands, Locally
Significant Wetlands and Locally Significant Valleylands.
All development is required to implement the recommendations of the Alder Creek Watershed Study
and Upper Strasburg Creek Subwatershed Plan Update (CH2MHILL, 2008), Strasburg Creek Master
Watershed Plan (Paragon, 1991) and Implementation Report (City of Kitchener, 1996) and the
Middle Strasburg Creek Environmental Implementation Statement (Stanley Consulting, 1997) as
well as relevant documentation completed through the Southwest Urban Area Studies: Community
Master Plan and Rosenberg Secondary Plan where appropriate.
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The Region has confirmed that correspondence from Ministry of Northern Development, Mines,
Natural Resources and Forestry (April 4, 2022) indicates the Ministry's acceptance of the status of
the wetlands identified as W1, W2 and W4 in the Environmental Impact Study (EIS) as Provincially
Significant Wetlands, and as such, these areas are now considered to meet the Regional Official
Plan (ROP) criteria for designation as Core Environmental Features.
Further, the Region's Environmental Planner confirmed that Wetland W4 is partially within the limits
of Plan 30T-18201. The wetland (W4) is proposed to be protected and a 30m buffer has been applied
to the wetland which is comprised of a 15m `no touch' area directly adjacent to the wetland, and a
15m enhancement area outside of the no touch area. The wetland and the associated buffer also
incorporate components of the Blanding's Turtle mitigation plan which is still under review with the
Ministry of the Environment, Conservation and Parks (MECP). Notwithstanding the inclusion of a
portion of wetland W4 and associated Blanding's Turtle enhancement within this plan, Regional
environmental staff withdraw their objection to this plan proceeding to draft approval based on
confirmation from MECP that there are no concerns and/or anticipated mitigation measures required
which will impact the proposed draft plan (30T-18201). Conditions of draft approval for the adjacent
plan (30T-18202) will be finalized if MECP accepts the proposed Blanding's Turtle Mitigation Plan.
The wetland identified as "W4" and the associated 30m buffer ("Open Space Block 37") located in
the southeastern portion of the subject lands are proposed to be zoned as Natural Heritage
Conservation Zone which prohibits development activities. There are no other Regionally -
designated Core Environmental Features within the limits of 30T-18201.
Policy 13.10.2.5.2.7 allows for minor alterations to the groundwater infiltration facilities and
stormwater management facilities without an amendment to the Secondary Plan. Additional ground
water infiltration study may be required when lotting is proposed (draft approval is for lotless blocks)
to ensure that infiltration galleries are adequately sized and located to meet the required water
balance.
A portion of the lands within the Grand River Conservation Authority regulated limit. GRCA staff have
undertaken a preliminary review of the applications and are supportive of draft approval and have
provided draft approvals conditions which has been incorporated in Appendix A. Regional and City
Environmental Planning staff have reviewed the proposed plan of subdivision and have no concerns
with the proposed applications and have provided draft approval conditions for further review at
different stages (prior to grading, prior to registration).
Water Management
All developments in Rosenberg must implement a groundwater infiltration strategy that meets or
exceeds the groundwater infiltration targets as identified in the Upper Strasburg Creek
Subwatershed Plan Update and Alder Creek Watershed Study (CH2MHILL, 2008) and any updates
through the Southwest Urban Area Studies: Community Master Plan and Secondary Plan.
The water management areas have been reconfigured since the approval of the Rosenberg
Secondary Plan by the applicant and two larger storm water management ponds are now proposed
instead of three. Draft approval conditions require ground water monitoring and final approval of the
storm water management plan.
Cultural Heritage
Draft Plan of Subdivision 30T-18201 has been modified to remove lands which are part of a
registered archaeological site of cultural heritage value or interest (the "Locus B" Archaeological Site
Avoidance and Protection Area, a Portion of Site AiHd-160) for which a Stage 4 Mitigation of
Development Impacts is required (Archaeological Services Inc. 2022). The site is currently
surrounded by active agricultural fields. Through the future draft approval of Plan of Subdivision 30T -
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18202 (the plan to the south of the subject lands) and future approval of the related Official Plan
Amendment and Zoning By-law Amendment applications, appropriate zoning will be applied that
would prohibit any development on these lands, including limiting any activities that might alter the
archaeological site in any way, either temporarily or permanently such as minor forms of soil
disturbance, tree removal, minor landscaping, utilities installation, etc. As an interim measure, draft
approval conditions are proposed to require fencing of the site to prevent any soil disturbance with
earth moving associated with the subject lands.
The subject property is not listed or designated under the Ontario Heritage Act. The subject property,
161 Gehl Place, is located adjacent to 236 Gehl Place, which is listed as a non -designated property
of cultural heritage value or interest on the City's Municipal Heritage Register. Heritage Planning
staff requested clarification as to how access to the cultural heritage resource at 236 Gehl Place
would be maintained in both the short- and long-term, given that appropriate access is important to
ensure a range of conservation options are available for the cultural heritage resource at 236 Gehl
Place. Access is proposed to be maintained by using Gehl Place, and draft approval conditions are
included for the regrading and redevelopment Gehl Place as an interim access road, as well as a
future multi -use trail. Cost sharing arrangements have been arranged between the Applicant and
the developer to the east to complete this work. Gehl Place will become a multi -use trail once Amand
Drive is extended from Shady Glen Crescent to the adjacent plan of subdivision (and ultimately
Bleams Road).
Transportation Choice
Neighbourhoods in Rosenberg are planned to promote walkability, to create efficient and
interconnected circulation routes, to achieve transit -supportive development, and to provide for a
transportation network that is based on a modified grid pattern with short walkable blocks within 450
metres of transit service.
Communities' design must have consideration of all forms of travel including walking, cycling, public
transit and the automobile. To support active transportation, non-residential uses must be
appropriately located so that automobile reliance is not necessary to meet the recreational, shopping
or employment needs of daily life of the residents of the Rosenberg Community. Further, cycling and
pedestrian systems must be well integrated with the existing trail network outside of the community.
Rosenberg Way, Bandon Drive, and George Israel Street have all been identified as potential transit
routes. As such, all higher density and non-residential uses have been planned to front these streets
to provide easy access to the public transportation system. Rosenberg Way is planned as a
secondary bike route and primary priority street. Draft approval conditions are included requiring the
design of these streets to meet the appropriate Complete Streets standards approved by Council.
Trail and walkway blocks are located through the community to support the modified grid street
pattern to reduce travel time for pedestrian and active transportation modes.
Servicing and Utilities
All lots will be serviced with municipal sanitary sewers and municipal water servicing in accordance
with City standards. Engineering Services staff have confirmed that there is sufficient servicing
capacity. Conditions of approval have been included to ensure that services are constructed at the
appropriate timeframes.
Comments from the appropriate utility and telecommunications companies are addressed through
the draft approval conditions.
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Kitchener Growth Management Plan (KGMP) 2019-2021
The subject lands (Parcel 134 on KGMP Map) are identified as Priority `B' which supports
consideration of development applications and initiatives to be actively worked on with high priority
in the coming 2 -year timeframe. Priority B applications may require some additional infrastructure.
Since the approval of the 2019-2021 KGMP, additional infrastructure has been developed to support
the development of these lands including the Middle Strasburg Trunk Sewer and the Strasburg
Creek Control Structure (Fisher Hallman Road). The applications were received in 2018 and have
been under review and are now recommended for approval.
Proposed Official Plan Amendment
Planning staff are recommending approval of the Official Plan Amendment to adjust some of the
boundaries of the land use designations of the Rosenberg Secondary Plan to implement the
proposed draft plan of subdivision. No new land use designations are proposed as part of this
application.
The proposed changes to the Land Use Plan (Map 22e) include:
- Reorienting the mixed use blocks, school block, and neighbourhood park block in a different
configuration at the intersection of Rosenberg Way and Bandon Drive, including adding
second school block. Medium density, mixed use, and two school blocks are now shown
around the future intersection.
- The institutional block at George Israel Street and Rosenberg Way has been eliminated with
the addition of the second school block at Rosenberg Way and Bandon Drive.
- The storm water management open space block north of Rosenberg Way has been
eliminated and the other two storm water management open space blocks have been
increased in size.
- One medium density block south of Bleams Road has been eliminated, and two have been
modified. A new location has been identified at Rosenberg Way and Trussler Road.
- Rosenberg Way alignment has been changed slightly, resulting in the reconfiguration of
many blocks.
Proposed Zoning By-law Amendment
The Zoning By-law Amendment proposes to implement the proposed revised land use designations
noted above with corresponding zoning. The current zoning is Agricultural Zone (A-1) with special
use provisions which permit a gravel pit and related operations. The Zoning By-law has not yet been
updated to reflect the approved Rosenberg Secondary Plan land use designations already in place.
The proposed zoning would permit low-to-medium rise residential uses, two school sites, a limited
number of non-residential uses, open spaces, and park blocks. Residential uses proposed include
single detached dwelling, duplexes, semi-detached dwelling, standard and back-to-back
townhouses, as well multiple dwellings (3 units or more in a building). Special Regulations provisions
are also requested for porch locations, setbacks, parking spaces, heights, Floor Space Ratio (FSR),
garage facades, driveway locations, among others.
Planning staff are recommending amending By-law 85-1 to remove the subject lands, and further
amending Zoning By-law 2019-051 to bring these lands into the new Zoning By-law (CRoZBy by-
law). As such, new residential (RES), institutional (INS), and mixed use (MIX) zones are proposed.
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Planning staff are recommending the following zoning for the subject lands as follows:
Areas 1, 10 Zoned as Low Rise Residential Five Zone (RES -5) with Site Specific Provision
(343) to permit low rise residential uses including single detached dwellings,
duplexes, semi-detached dwellings, standard, back-to-back, through lot, and
live -work townhouses, as well multiple dwellings with a maximum height of
12.5 metres.
Areas 2, 15, 16 Zoned Medium Rise Residential Six Zone (RES -6) with Site Specific Provision
(344) to permit medium rise residential uses standard and back-to-back and
cluster townhouses, as well multiple dwellings with a maximum height of 25.0
metres.
Area 3 Mixed Use One Zone (MIX -1) with Site Specific Provision (345) to permit
medium rise residential uses with ground floor commercial uses with a
maximum height of 16.5 metres.
Area 4 Zoned Neighbourhood Institutional (INS -1) with Site Specific Provisions (346)
to permit elementary and secondary schools.
Areas 5, 11, 14 Zoned Open Space: Recreation Zone (OSR-1) for the neighbourhood park
and Urban Greens.
Area 6 Zoned Open Space: Stormwater Management Zone (OSR-3) with Site
Specific Provisions (347) to permit storm water management ponds and
outdoor active recreation associated with a school use.
Areas 7, 9, 12 Zoned Open Space: Stormwater Management (OSR-3) to permit a storm
water management pond.
Areas 8, 13 Zoned Natural Heritage Conservation (NHC) to prohibit development and
protect natural features.
Area 17 Zoned Neighbourhood Institutional (INS -1) with Site Specific Provisions (349)
to permit low density residential uses.
Staff have considered the proposed zoning categories and are of the opinion that they are
appropriate for the proposed subdivision.
Department and Agency Comments
All requirements have been addressed or are included as conditions of approval.
The following Reports and studies were considered as part of this review:
• Urban Design Brief, Sustainability Statement, Trail Corridor Plan
Prepared By: NAK Design Strategies, May 17, 2018, updated August 16, 2021
• Planning Justification Report
Prepared By: SGL Planning and Design Inc., July 2018
• Environmental Impact Study
Prepared By: Natural Resource Solutions Inc., July 2018, updated August 2021
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• Geotechnical Investigation
Prepared By: DS Consultants Ltd., June 12, 2018
• Hydrogeological Assessment
Prepared By: MTE Consultants Inc., July 6, 2018
• Functional Servicing Study and Plan, Existing Conditions Plan, Preliminary Grading Plan
Prepared By: MTE Consultants Inc., August 31, 2018, revised November 29, 2019
• Preliminary Stormwater Management Plan, Chloride Impact Study
Prepared By: MTE Consultants Inc., July 6, 2018, revised November 29, 2019, revised
August 31, 2021
• Preliminary Environmental Noise Assessment
Prepared By: MTE Consultants Inc., July 6, 2018, revised November 19, 2019
• Transportation Impact Study
Prepared By: Salvini Consulting, July 2018
• Final Materials Management Plan, Technical Memorandum
Prepared By: MTE Consultants Inc., November 3, 2020
• Stage 4 Archaeological Mitigation of Site AiHd-160
Prepared by ASI, March 18, 2021
Community Input
Staff received four comments on the proposed applications. A summary of the comments received
are listed below along with Planning staff's response addressing each comment.
Bleams Road Widening and Design
Planning staff received comments and questions about the future design of Bleams Road. Planning
staff connected these residents with the Project Manager for the Bleams Road reconstruction project
to have their question addressed. Lands are being dedicated to the Region of Waterloo for the
widening of the right-of-way with this application, and the design and reconstruction of Bleams Road
is a regional project that is ongoing.
Construction Timing
A resident requested clarification of the timing of the construction of the development and Planning
staff provided available information (back in 2018) and advised that construction would commence
after the planning phase was nearly completion.
Number of Units
One comment asked for clarification on the number of units proposed behind their property as the
plan showed a range of 8-14 townhouses. Planning staff spoke with the resident and explained that
the total number of units will be known at the site plan stage. Planning staff also provided answers
about the subdivision and site plan process.
Matters Relating to the Adjacent Plan of Subdivision
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Planning staff were advised of ongoing considerations between land developers with the Rosenberg
community with respect to cost sharing, infrastructure design and construction, and integration of
different plans of subdivision. Planning staff have worked through applicable issues through the
Ontario Land Tribunal approval of the adjacent plan of subdivision. Planning staff are also
recommending draft approval conditions for this application which are consistent with the draft
approval conditions of the adjacent property.
Planning Analysis and Conclusions:
Planning staff are recommending approval of the attached draft plan of subdivision, draft approval
conditions, Official Plan amendment and Zoning By-law amendment. The proposed development
completes this section of the Rosenberg community and will result in a complete mixed-use
community. The plans include two new school blocks, three Urban Greens, and a large
neighbourhood park. Non-residential uses will be provided on mixed-use blocks and a variety of
housing options will be provided. Planning staff have worked to address technical and community
concerns and all departmental and agency comments have been addressed or will be addressed
through draft approval conditions.
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 - Upon registration, there will be ongoing operations costs for the maintenance of
the park, walkways, streets, street trees, underground services, and other infrastructure which is
being dedicated to the City. In the long term, there will be repair and replacement costs for streets,
sidewalks and services. Also, following registration, there will be ongoing revenue in the form of
residential property tax revenue. Development Charges will be paid to the City, the Region, and
school boards at the time of building permit issuance.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Council / Committee meeting. Notice signs were posted on the property and information regarding
the application posted to the City's website in 2021. Notice of the Public Meeting was posted in The
Record on July 15, 2022 (a copy of the Notice may be found in Appendix D).
CONSULT — The applications were originally circulated to property owners within 120 metres of the
subject lands on October 5, 2018. In response to this circulation, staff received four written
responses and spoke with all residents who provided comments to address their concerns. Written
comments are included in Appendix `F'.
PREVIOUS REPORTS/AUTHORITIES:
• Municipal Act, 2001
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan, 2010
• City of Kitchener Official Plan, 2014
• Kitchener Growth Management Strategy
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• Kitchener Growth Management Plan 2019-2021
• Zoning By-law 85-1 & 2019-051
• City of Kitchener Urban Design Manual
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Appendix A
—Draft Plan and Conditions of Draft Approval
Appendix B
- Proposed Official Plan Amendment
Appendix C
— Proposed Zoning By-law Amendment
Appendix D
— Newspaper Notice
Appendix E
— Department and Agency Comments
Appendix F
— Community Comments
Page 31 of 336
Draft Approval Conditions
Draft Plan of Subdivision Application 30T-18201
Official Plan Amendment Application OP18/005/B/GS
Zoning By-law Amendment ZBA18/006/B/GS
1801-1873 Bleams Road
Kitchener Green 2 Developments Inc., Kitchener Green Development Inc., 2079546
Ontario Limited, & Kitchener Green 3 Developments Inc.
That this approval applies to Plan of Subdivision 30T-18201 for 2079546 Ontario
Limited, Kitchener Green Development Inc., Kitchener Green 2 Development Inc., and
Kitchener Green 3 Developments Inc. as shown on the attached Plan of Subdivision
prepared by the City of Kitchener dated July 6, 2022 which shows the following:
Stage 1
Blocks 1-32
Single/Towns/Back-to-backs (294-476 units)
Blocks 33
Park
Block 34-35
Public Walkway
Block 36
Open Space/SWM
Block 37
Open Space
Block 38
Road Widening
Blocks 39-43
0.3m Reserve
Blocks 44
Open Space
Stage 2
Blocks 1-12
Single/Towns/Back-to-backs (107-172 units)
Blocks 13-14
Multiple Residential (250-404 units)
Block 15
Mixed Use (100-350 units)
Blocks 16
Multiple Residential/Institutional
Block 17
Institutional
Block 18
Community Park
Block 19
Open Space/SWM
Blocks 20-21
Road Widening
Blocks 22-28
0.3m Reserve
Stage 3
Block 1 Multiple Residential (150-325 units)
Block 2 0.3m Reserve
Stage 4
Blocks 1-30,39,40 Single/Towns/Back-to-backs (342-565 units)
Block 31 Multiple Residential (75-290 units)
Block 32 Mixed Use (80-200 units)
Block 33 Park
Blocks 34-35, 41 Walkway
Block 36 Road Widening
Blocks 37-38 0.3m Reserve
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Stacie 5
Blocks 1-20 Single/Towns/Back-to-backs (208-343 units)
Block 21 Multiple Residential (80-150 units)
Block 22 Park
Blocks 23-24 Walkway
Stage 6
Blocks 1-3 Single (10-18 units)
Blocks 4 0.3m Reserve
Stage 7
Blocks 1-4
Single (16-29 units)
Block 5
Future Development
Blocks 6-7
Future Access
Total 1832-3572 units
2. CITY OF KITCHENER CONDITIONS:
2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement,
as approved by CITY Council, respecting those lands shown outlined on the attached Plan
of Subdivision dated July 6, 2022. Standard conditions 2.6, 4.8, and 4.12 shall be deleted
from the City Standard Residential Subdivision Agreement. The following special
conditions shall be added to the City Standard Residential Subdivision Agreement:
Part 2 — General Conditions
2.11 Where the SUBDIVIDER has not completed servicing in accordance with any
approved servicing plan and where the CITY'S Directors of Planning and
Engineering Services consider it is in the public interest to provide such servicing
within the subdivision to secure orderly development of the City, the CITY may, in
its sole discretion, proceed with the engineering and construction of such services
at the SUBDIVIDER'S expense and the cost thereof shall be a charge upon the
subdivision and a debt payable by the SUBDIVIDER to the CITY upon receipt by
the SUBDIVIDER of notice of the CITY'S decision. This provision shall extend to
the servicing of adjacent privately held lands under usual circumstances.
Part 2 — Prior to Area Grading of the subdivision
2.14 The SUBDIVIDER agrees that prior to area grading, servicing or registration each
stage, that the SUBDIVIDER shall complete a Record of Site Condition(s) (RSC)
in accordance with Ontario Regulation 153/04 and the RSC shall be acknowledged
by the Ministry of the Environment, Conservation and Parks (MECP). Prior to
submitting the RSC and the commencement of area grading for the subdivision,
site alteration, materials management, filling and preliminary grading will be
permitted provided these activities comply with a materials management plan to
be approved by the Region's Commissioner of Planning, Development and
Legislative Services and a preliminary grading plan to be approved by the CITY'S
Director of Engineering Services in consultation with the Ministry of Natural
Resources and Forestry or any Provincial successor thereof. The SUBDIVIDER
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further agrees the preliminary grading plan and implementation of same will ensure
drainage through lands to the east does not exceed pre -development drainage flows.
2.15 The SUBDIVIDER agrees to implement the Erosion Threshold Analysis and
specifically Model 4 prepared by Stantec Inc. dated April 7, 2015 including
implementation of the unitary release rate of 1.1 litres per second per hectare which
is assigned to Area 2 and 3 of the Rosenberg Secondary Planning Area on a
proportionate gross area basis, to the satisfaction of the CITY'S Director of
Engineering Services in consultation with the Grand River Conservation Authority.
2.16 The SUBDIVIDER agrees that prior to area grading, to retain a qualified
Engineering Consultant who shall prepare a detailed area grading plan that
addresses environmental and groundwater considerations identified through the
Rosenberg Secondary Planning process. The area grading plan shall be to the
satisfaction of the CITY'S Director of Engineering Services for the City of
Kitchener, in consultation with the Grand River Conservation Authority, Ministry of
Natural Resources and Forestry and Region of Waterloo. The area grading plan
shall be in accordance with the Minutes of Settlement dated August 17, 2015 and
will be coordinated with adjacent lands to the east to ensure gradual transition
grades between plans to the satisfaction of the CITY'S Director of Engineering
Services.
2.17 The SUBDIVIDER agrees that the finished elevation of Rosenberg Way at the
eastern property line in common with Subdivision 30T-14201 will be 353.92 mASL
in accordance with the Minutes of Settlement dated August 17, 2015 and to the
satisfaction of the CITY'S Director of Engineering Services. The SUBDIVIDER
further agrees that the finished elevations of streets at the east limit of Gehl Place
will be as follows:
• Rosenberg Way: 353.92 mASL
• Stamson Street: 355.04 mASL
• Eskerwood Way: 356.49 mASL
Any changes to the elevations at the east limit of Gehl Place shall be reviewed with
the adjacent property owners and shall be subject to the approval of the CITY'S
Director of Engineering Services. The SUBDIVIDER further agrees to implement
the approved elevations through the area grading plan for the plan of subdivision
to the satisfaction of the CITY'S Director of Engineering Services.
2.18 The SUBDIVIDER agrees that prior to area grading to submit, obtain approval of
and implement a detailed "pre -construction" ground water and surface water
monitoring program. The monitoring program is to be approved by the CITY'S
Director of Engineering Services in consultation with the Grand River Conservation
Authority and the Regional Municipality of Waterloo. The "preconstruction"
monitoring program will document current groundwater infiltration conditions, and
will be used to provide baseline information to compare conditions through the
"during" and "post" construction monitoring periods.
The SUBDIVIDER further agrees to submit, obtain approval of, and implement a
detailed "during development" ground water and surface water monitoring and
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response program. The program is to be approved by the CITY'S Director of
Engineering Services in consultation with the Grand River Conservation Authority
and the Regional Municipality of Waterloo. The purpose of the "during
development" monitoring program is to ensure that the groundwater infiltration
measures satisfy pre -development infiltration targets specified in the Alder Creek
Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008
report as well as the Comprehensive Stormwater Management Strategy for the
South West Urban Area prepared by AMEC (June 22, 2011 and revised July 18,
2011) and that Chloride Impact Management Strategy for the South West Urban
Area prepared by AMEC (June 22, 2011 and revised July 18, 2011) and that
Chloride Impact assessments meet the Reasonable Use Criteria of the Alder
Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL,
2008 report as approved. The "during development" monitoring program is to
extend until full build out of the subdivision to the satisfaction of the CITY'S Director
of Engineering Services in consultation with the Grand River Conservation
Authority and the Regional Municipality of Waterloo.
2.19 The SUBDIVIDER agrees that prior to area grading to submit, obtain approval of,
and implement a detailed "post development' monitoring program in accordance
with the Storm Water Management Strategy prepared by AMEC (June 22, 2011
as revised July 18, 2011) and the Alder Creek Watershed and Upper Strasburg
Creek Subwatershed Update CH2MHILL, 2008 report as approved. The program
is to be approved by the CITY'S Director of Engineering Services in consultation
with the Grand River Conservation Authority and the Regional Municipality of
Waterloo. The purpose of the "post development" monitoring program is to ensure
that the stormwater management facilities continue to satisfy the current pre -
development conditions for infiltration and to identify any specific additional
requirements that may be necessary to monitor, including but not limited to
infiltration rates for quantity and quality and chloride impact assessments. The
"post development" monitoring program will extend for a two year period after 95%
build out of the subdivision to the satisfaction of the CITY'S Director of Engineering
Services in consultation with the Grand River Conservation Authority and the
Regional Municipality of Waterloo.
2.20 The SUBDIVIDER further agrees to implement any remedial action deemed
necessary (including additional monitoring should chloride levels exceed the
Reasonable Use Criteria of Alder Creek Watershed and Upper Strasburg Creek
Subwatershed Update CH2M HILL, 2008 report as approved), as a result of the
aforementioned monitoring program at their sole expense to the satisfaction of the
CITY'S Director of Engineering Services in consultation with the Grand River
Conservation Authority and the Regional Municipality of Waterloo.
2.21 The SUBDIVIDER agrees to submit construction details for all or any proposed
retaining walls to the satisfaction of the CITY's Director of Engineering Services,
in consultation with the CITY's Director of Planning and the CITY's Building
Department.
2.22 The SUBDIVIDER shall provide confirmation that any existing private wells and
septic systems within the lands proposed to be graded that are required to be
decommissioned have been in accordance with the Ministry of the Environment,
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Conversion and Park standards to the satisfaction of the CITY's Director of
Engineering Services.
Part 3 — Prior to Servicing
3.18 The SUBDIVIDER agrees that prior to the CITY'S approval of servicing drawings
for lotless blocks intended for street townhouse dwellings or single, semi-detached
or duplex dwellings, to submit a draft reference plan for each lot or block, and
obtain approval of such reference plan from the CITY'S Director of Engineering
Services, in consultation with the CITY'S Director of Planning.
3.19 The SUBDIVIDER agrees that prior to servicing to prepare a detailed
Geotechnical/Hydrogeological Investigation Report which shall confirm the
suitability of soils to support lot level infiltration of roof water to the satisfaction of
the CITY'S Director of Engineering Services in consultation with the Region of
Waterloo and the Grand River Conservation Authority. The design of the infiltration
galleries should be oversized by 20% as shall be as outlined in the Preliminary
Stormwater Management Report (MTE, July 6, 2018), and all to the satisfaction of
the CITY'S Director of Engineering Services.
3.20 The SUBDIVIDER agrees that prior to servicing or registration, whichever occurs
first, to prepare an updated water servicing report which shall make
recommendations that address water pressure within the limits of the subdivision
to the satisfaction of the CITY'S Director of Engineering Services and the Regional
Municipality of Waterloo.
3.21 The SUBDIVIDER agrees that prior to servicing or registration, whichever shall
occur first, to submit, obtain approval of and implement a detailed ground water
and surface water monitoring program to evaluate the performance of end of pipe
infiltration facilities (including pre -construction and post -construction phases) and
to identify if the required water balance is met (as identified in the Alder Creek
Watershed Study(2007) and the Alder Creek Watershed and Upper Strasburg
Creek Subwatershed Update-CHM2HILL, 2008 as well as the Comprehensive
Stormwater Management Strategy for the South West Urban Area prepared by
AMEC (June 22, 2011 and revised July 18, 2011), to the satisfaction of the CITY'S
Director of Engineering Services in consultation with the Regional Municipality of
Waterloo and the Grand River Conservation Authority. Further, the SUBDIVIDER
agrees to implement the approved monitoring program to the satisfaction of the
Director of Engineering Services.
3.22 The SUBDIVIDER agrees that prior to servicing or registration, whichever shall
occur first, to retain a qualified Engineering Consultant who shall prepare a detailed
engineering design and report for stormwater management to the satisfaction of
the CITY'S Director of Engineering Services in consultation with the Director of
Operations, the Region of Waterloo and the Grand River Conservation Authority.
Stormwater management facilities within the limits of Subdivision 30T-14201 will
accommodate up to a maximum of 2.72 ha of land conceptually shown in MTE's
Stormwater Management Report dated July 6, 2018 and located within the limits
of Subdivision 30T-18201.The stormwater management design and report shall be
in accordance with the Comprehensive Stormwater Management Strategy for the
South West Urban Area prepared by AMEC (June 22, 2011 and revised July 18,
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2011) and the Alder Creek Watershed and Upper Strasburg Creek Subwatershed
Update-CH2MHILL, 2008 and shall accommodate a flow of 2.0 cubic
metres/second from Area 2 lands of which 1.337 is assigned to Subdivision 30T-
18201 and 30T-18202 and 0.46 ha of Trussler Road.
In addition, the SUBDIVIDER shall have landscape plans for the stormwater
management facilities prepared by a Landscape Architect to the satisfaction of the
CITY'S Director of Parks and Cemeteries and the CITY'S Director of Engineering
Services. The approved engineering design for Storm Water Management will
include a maintenance program for a period of two years following 95% build -out
of the subdivision, which will ensure the stormwater management facilities function
as designed to the satisfaction of the CITY'S Director of Engineering. Any redesign
and remediation required for the stormwater management facilities to achieve their
required targets shall be at the SUBDIVIDER'S sole expense all to the satisfaction
of the CITY'S Director of Engineering Services.
3.23 The SUBDIVIDER agrees that prior to servicing stormwater management facilities
will be designed to achieve a unitary release rate of 1.1 litres per second per gross
hectare in accordance with the Erosion Threshold Analysis prepared by Stantec
Inc. dated April 7, 2015, to the satisfaction of the CITY'S Director of Engineering
Services in consultation with the Grand River Conservation Authority.
3.24 The SUBDIVIDER agrees that prior to servicing of each stage requiring new
stormwater management facilities, including stormwater management ponds,
infiltration galleries and other related appurtenances, to provide a letter of credit
based on 60% of the estimated cost of the approved infiltration facilities to the
satisfaction of the CITY'S Director of Engineering Services.
The Letter of Credit will be released two years after 95% of the pond catchment
area is stabilized (meaning buildings are constructed and lots/blocks are
sodded/vegetated) and the SUBDIVIDER's consulting engineer has certified the
infiltration facilities are functioning as intended and approved to the satisfaction of
the CITY'S Director of Engineering Services.
3.25 The SUBDIVIDER agrees that prior to servicing or registration of each stage,
whichever occurs first, to prepare an On -Street Parking Plan to the satisfaction of
the CITY'S Director of Transportation Services, in consultation with the CITY'S
Director of Engineering Services and Director of Planning, in accordance with the
CITY'S On -Street Parking Policy 1-1070, as approved and amended. The On -
Street Parking Plan shall be considered in accordance with the servicing drawings
and shall generally provide for one on -street parking space for every two dwelling
units. Other options such as driveway length, garage space, communal parking
facilities, and/or parking along the park frontage, may be considered in accordance
with the CITY'S Policy and to the satisfaction of the CITY'S Director of
Transportation Services.
3.26 The SUBDIVIDER agrees that prior to servicing of each Stage, to submit a street
cross section plan for all streets in accordance with the City's Complete Street
Guidelines, to the satisfaction of the CITY'S Director of Transportation and the
CITY'S Director of Engineering Services. The following preferred cross sections
are applicable:
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Local street, 18 metre right-of-way
Minor neighbourhood collector, 20 metre right-of-way
Major community collector, 26 metre right-of-way
3.27 The SUBDIVIDER agrees that prior to servicing or registration, whichever occurs
first, to submit a functional design for the implementation of bicycle lanes, on -street
parking and intersection curb extensions on Rosenberg Way in accordance with
the lotting plan, On -Street Parking Plan, and the preferred cross section for major
collector streets (City of Kitchener, Complete Streets) to the satisfaction of the
CITY'S Director of Engineering Services in consultation with the CITY'S Director
of Transportation Services. The approved functional design for Stage 2 shall be
provided to the Waterloo Region District School Board for information.
3.28 The SUBDIVIDER agrees that prior to servicing to submit a detailed roundabout
design for the intersection of George Israel Street and Rosenberg Way, and Essex
Road / Homelands Street and Rosenberg Way, to the satisfaction of the Director
of Engineering Services and the CITY'S Director of Transportation Services. A
"Dutch" style roundabout design should be prepared for each intersection.
3.29 The SUBDIVIDER agrees that prior to servicing or registration, whichever comes
first, of Stage 1 or Stage 2, to submit a detailed stormwater management plan for
the stormwater management facilities located within each stage to be registered
to the satisfaction of the CITY'S Director of Engineering Services, Grand River
Conservation Authority, and Region including, but not limited to, the design and
location of end of pipe infiltration facilities required to sustain the flow of
groundwater to Core Environmental Features.
3.30 All public right-of-ways and all services shall be designed and constructed to the
standards specified in the most current City of Kitchener Standards, Development
Manual, Regional Standards and other applicable Provincial Standards to the
satisfaction of the Director of Engineering.
3.31 Where major overland flow routes are not on municipally owned lands, the owner
must deed to the City of Kitchener a minimum 6.0 m wide drainage corridor.
3.32 All public right-of-ways and all services shall be designed and constructed to the
standards specified in the most current City of Kitchener Standards, Development
Manual, Regional Standards and other applicable Provincial Standards to the
satisfaction of the Director of Engineering.
3.33 The SUBDIVIDER agrees that prior to servicing or registration, whichever shall
occur first, to submit, obtain approval of and implement a detailed groundwater
and surface water monitoring program to evaluate the performance of end of pipe
infiltration facilities (including pre -construction and post -construction phases) and
to identify if the required water balance is met (as identified in the Alder Creek
Watershed Study (2007) and the Alder Creek Watershed and Upper Strasburg
Creek Subwatershed Update — CH2MHILL, West Urban Area prepared by AMEC
(June 22, 2011 revised July 18, 2011), to the satisfaction of the CITY'S Director of
Engineering Services in consultation with the Regional Municipality of Waterloo
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and the Grand River Conservation Authority. Further, the SUBDIVIDER agrees to
implement the approved monitoring program and complete any redesign and/or
remediation to achieve the required targets at the sole expense of the
SUBDIVIDER all to the satisfaction of the CITY'S Director of Engineering Services.
3.34 The SUBDIVIDER agrees that prior to servicing or registration, whichever occurs
first, to provide detailed sanitary sewer design and to make arrangements
satisfactory to the CITY'S Director of Engineering Services for a sanitary sewer
connection to the Middle Strasburg Trunk Sanitary Sewer. The SUBDIVIDER
further agrees that where any upgrades are required to any local sewers required
to connect these lands to the trunk sewer will be at the sole expense of the
SUBDIVIDER.
Part 4 - Prior to the issuance of building permit in each stage
4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper
water pressure to all lots and blocks within the proposed plan of subdivision to the
satisfaction of the CITY's Director of Engineering Services or the CITY's Chief
Building Official in consultation with CITY's Director of Utilities.
4.23 The SUBDIVIDIER agrees that all dwellings shall be designed in accordance with
garage and driveway widths shown on the approved On -Street Parking Plan to the
satisfaction of the CITY's Chief Building Official, in consultation with the CITY's
Director of Planning and Director of Transportation Services.
4.24 The SUBDIVIDER agrees that no building permit shall be applied for or issued for
the following Priority Lots unless the building designs are in accordance with the
approved Design Guidelines for Priority Lots to the satisfaction of the CITY'S Chief
Building Official, in consultation with the CITY'S Director of Planning:
a) The future Corner (C) Priority Lots in the following
a. Stage 1 Blocks 1 , 2, 4, 5, 6, 7, 8, 9, 10, 12
21, 22, 23, 24, 25, 26, 27, 28, 31, 32
b. Stage 2 Block 2
c. Stage 4 Blocks 1, 2, 3, 4, 8, 9, 11, 12, 13,
23, 27, 28
d. Stage 5 Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
19,20
e. Stage 6 Blocks, 1, 2, 3
f. Stage 7 Blocks 1, 3
b) Gateway (G) Priority Lots in the following blocks:
a. Stage 11 Block 11
b. Stage 4 Blocks 4, 5, 30
c) Park (P) Priority Lots in the following blocks
a. Stage 1 Blocks 10, 11
b. Stage 4 Blocks 6, 7, 20, 21
blocks;
, 14, 15, 16, 17, 18, 19, 20,
14, 16, 17, 18, 19, 20, 22,
11, 12, 14, 15, 16, 17, 18,
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Part 6 — Other Time Frames
6.10 That prior to registration, the owner enter into an agreement with the City of
Kitchener to ensure that the water balance completed to date be updated with the
"as -built" infiltration gallery data (based on suitability of soils encountered during
construction) and that this data be reported to the Region of Waterloo in the event
that a ground water deficit results and mitigation measures may be required to
maintain the existing water balance. Monitoring reports for the infiltration in the
groundwater recharge areas are required for 2 years post development of the
subdivision to ensure the water balance is being achieved.
6.11 The SUBDIVIDER agrees to include the following clause in all agreements
purchase and sale, and/or rental agreements for all lots with retaining walls:
"Purchasers/tenants are advised that a retaining wall is located on this property.
The owner of this property also owns his/her section of the retaining wall. The
retaining wall is not in public ownership. Monitoring, maintenance, inspection,
repair and replacement of this retaining wall, including any associated costs, are
the sole responsibility of the property owner. The City of Kitchener is in no way
responsible for this retaining wall. Should this retaining wall fail, it is the property
owner's responsibility to repair or replace his/her section of the wall, at his/her cost.
6.12 The SUBDIVIDER agrees to provide the City of Kitchener with evidence that
satisfactory arrangements, financial and otherwise, have been made with Canada
Post Corporation for the installation of Community Mail Boxed (CMB) as required by
Canada Post Corporation, at the time of sidewalk and/or curb installation.
6.13 That the SUBDIVIDER or subsequent Owner agrees to include the following
clauses in all Agreement of Purchase and Sale with home buyers, and/or Rental
Agreements, which advise:
a) that the home/business mail delivery will be from a designated Community
Mail Box;
b) that identifies the exact Community Mail Box locations.
The SUBDIVIDER further agrees that the location of all Community Mail Box
facilities will be shown on maps, information boards and plans, including maps
displayed in the sales office.
6.14 The SUBDIVIDER agrees to satisfy the CITY'S parkland dedication for the entire
subdivision by the conveyance of Park Block 33 (Stage 1), Community Park Block
18 (Stage 2), Park Block 33 (Stage 4), and Park Block 22 (Stage 5). Conveyance
of each of the said Park Blocks will take place at the time of registration of the
stage which includes a parkland dedication block. The SUBDIVIDER agrees that
the parkland provided within the plan of subdivision shall be at no additional
frontage cost to the CITY and shall be to the satisfaction of the CITY'S Director of
Parks and Cemeteries.
6.15 The SUBDIVIDER agrees that prior to occupancy of the units within a stage that
includes a park, to install demarcation posts along property lines adjacent to all
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park and open space blocks to the satisfaction of the CITY'S Director of Parks and
Cemeteries.
6.16 The SUBDIVIDER agrees to include a clause in all agreements of purchase and
sale, and/or rental agreements with home buyers that advises there is a planned
transit route through the neighbourhood and to provide an information pamphlet or
website address regarding Grand River Transit services to the satisfaction of the
CITY'S Director of Planning in consultation with the Regional Municipality of
Waterloo.
6.17 The SUBDIVIDER agrees where pressure reducing valves are required, to enter
into an agreement with the CITY to provide for such installation; and to include in
all agreements of purchase and sale and/or rental agreements, a clause identifying
the presence of such water pressure reduction device and advising that it may not
be removed by the owner/occupant.
6.18 The SUBDIVIDER agrees that phasing of construction will provide for on-going
access to the lands that are located south of and adjacent to the subdivision to the
satisfaction of the Director of Engineering Services in consultation with the Director
of Planning or until the Amand Drive extension has been constructed, whichever
comes first.
6.19 The SUBDIVIDER agrees that in the event the subdivision is developed in advance
of the extension of Rosenberg Way to the eastern limit of the subdivision, Gehl
Place may be used as a second means of access to the subdivision and the
proposed subdivisions located to the west of Gehl Place in which case, the
SUBDIVIDER agrees to upgrade Gehl Place and provide any required temporary
roads to the satisfaction of the CITY'S Director of Engineering Services. The
SUBDIVIDER further agrees a .3 metre reserve across the frontage of Block 12,
Stage 1 will be conveyed to the City of Kitchener if necessary and this reserve shall
be lifted at such time as Rosenberg Way has been extended to the eastern limits
of the subdivision.
6.20 The SUBDIVIDER agrees to construct required lot level infiltration galleries for all
lots and blocks. Further, the SUBDIVIDER'S consulting engineer will supervise
and certify installation prior to occupancy of the applicable lot or block to the
satisfaction of the CITY'S Director of Engineering Services.
6.21 The SUBDIVIDER agrees to install the granular base of all hard surface
community/pedestrian trails shown on the area grading, erosion and siltation
control plan to the satisfaction of the CITY'S Director of Parks and Cemeteries.
6.22 The SUBDIVIDER acknowledges that Gehl Place will be closed on a permanent
basis by the CITY and converted to a Multi -Use Pathway (Type 1). The closure of
Gehl Place by the CITY will be subject to the southerly extension of Amand Drive
so as to ensure access to adjacent lands to the south, the extension of the street
network through adjacent lands to the east and/or the west such that all stages of
the subdivision have two means of access to Bleams Road and/or Trusssler Road.
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6.23 The SUBDIVIDER agrees that area grading of the subdivision will include
implementation of the profile for Gehl Place prepared by MTE Consultants Inc.
dated January 19, 2022 and approved by the City.
6.24 Prior to occupancy, the SUBDIVIDER agrees to construct at source infiltration
galleries, and convey any required easements, to the satisfaction of the CITY'S
Director of Engineering Services. Installation of infiltration galleries shall be
supervised and certified by a qualified Geotechnical and or Engineering
Consultant, at the SUBDIVIDER'S expense and to the satisfaction of the CITY'S
Director of Engineering Services.
6.25 The SUBDIVIDER agrees to include the following clause in applicable offers of
purchase and sale and tenancy agreements, which shall be registered on the title
of the lands immediately upon registration for all lots with rear yard continuous
linear infiltration galleries:
"Purchasers/tenants are advised that an infiltration gallery is located on the subject
property. The owner of this property also owns his/her section of the infiltration
gallery. The infiltration gallery is not in public ownership. Monitoring, maintenance,
inspection, repair and replacement of this infiltration gallery, including any
associated costs, are the sole responsibility of the property owner. The City of
Kitchener is in no way responsible for this infiltration gallery. Should this infiltration
gallery fail, it is the property owner's responsibility to repair or replace his/her
section of the infiltration gallery, at his/her cost."
6.26 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Bleams Road and Trussler Road, as
appropriate. The SUBDIVIDER agrees to advise all relevant contractors, builders
and other persons of this requirement with the SUBDIVIDER being responsible for
any required signage, all to the satisfaction of the CITY'S Director of Engineering
Services.
6.27 The SUBDIVIDER agrees to include a clause in all Agreements of Purchase and
Sale with home buyers, and/or Rental Agreements, that provides the contact
information for the four (4) School Boards in the Region to ensure that purchasers
have contacts at the respective Boards for school boundary and other related
school accommodation inquiries.
2.1 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the
following conditions:
The CITY Standard Residential Subdivision Agreement be registered on title.
2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S
Director of Planning and shall obtain approval therefrom.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding
on any part of the lands and to pay all outstanding taxes on the lands.
4. The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under the direction of the CITY'S Director of Engineering Services,
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with co-ordinate values and elevations thereon and submit for registration the
plans showing the location of the monuments, their co-ordinate values, elevations
and code numbers as prescribed by the Surveyor General of Ontario.
5. The SUBDIVIDER shall make satisfactory arrangements with Kitchener -Wilmot
Hydro for the provision of permanent electrical services to the subdivision and/or
the relocation of the existing services. Further, the SUBDIVIDER acknowledges
that this may include the payment of all costs associated with the provision of
temporary services and the removal of such services when permanent installations
are possible.
6. The SUBDIVIDER shall make satisfactory arrangements for the provision of
permanent telephone services to the subdivision and/or the relocation of the
existing services. Further, the SUBDIVIDER acknowledges that this may include
the payment of all costs associated with the provision of temporary services and
the removal of such services when permanent installations are possible.
7. The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply
with the following easement procedure:
(a) to provide copies of the subdivision plan proposed for registration and
reference plan(s) showing the easements to HYDRO, and telephone
companies and the CITY, to the CITY'S Director of Planning.
(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;
(c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/Enhancement
Plan;
(d) if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the CITY, the SUBDIVIDER shall obtain prior written
approval from the CITY'S Director of Planning and CITY'S Director of
Engineering Services or, in the case of parkland, the CITY'S Director of
Operations; and
(e) to provide to the CITY'S Director of Planning, a clearance letter from each of
HYDRO and telephone companies. Such letter shall state that the respective
utility company has received all required grants of easement, or alternatively,
no easements are required.
8. The SUBDIVIDER shall dedicate all roads, road widenings, and public walkways
to the CITY by the registration of the Plan of Subdivision.
9. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each
major entrance to the subdivision, in accordance with a plan approved by the
CITY'S Director of Planning, in accordance with the following criteria:
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a) The sign shall be in accordance with the CITY'S Sign by-law and shall be
located outside the required yard setbacks of the applicable zone and outside
the corner visibility triangle, with the specific, appropriate location to be
approved by the CITY'S Director of Planning;
b) The sign shall have a minimum clearance of 1.5 metres, a maximum height
of 6 metres, and a maximum area of 13 square metres;
c) Graphics shall depict the features within the limits of the subdivision
including, without limiting the generality of the foregoing, approved street
layout, including emergency access roads, zoning, lotting and specific land
uses, types of parks, storm water management areas, hydro corridors, trail
links and walkways, potential or planned transit routes and bus stop
locations, notification regarding contacts for school sites, noise attenuation
measures, environmentally sensitive areas, tree protection areas, special
buffer/landscaping areas, water courses, flood plain areas, railway lines and
hazard areas and shall also make general reference to land uses on adjacent
lands including references to any formal development applications, all to the
satisfaction of the CITY'S Director of Planning;
d) Approved subdivision billboard locations shall be conveniently accessible to
the public for viewing. Low maintenance landscaping is required around the
sign and suitable parking and pedestrian access may be required between
the sign location and public roadway in order to provide convenient
accessibility for viewing; and,
e) The SUBDIVIDER shall ensure that the information is current as of the date
the sign is erected. Notice shall be posted on the subdivision billboard signs
advising that information may not be current and, to obtain updated
information, inquiries should be made at the CITY'S Community Services
Department — Planning Division or the appropriate School Board for school
accommodation information.
f) The sign shall also advise prospective residents that students from the
subdivision may be directed to schools outside the neighbourhood.
10. The SUBDIVIDER agrees that the streets shall be named as shown on the plan.
11. To expedite the approval for registration, the SUBDIVIDER shall submit to the
CITY'S Director of Planning, a detailed written submission documenting how all
conditions imposed by this approval that require completion prior to registration of
the subdivision plan(s), have been satisfied.
12. The SUBDIVIDER agrees to convey to the CITY the following lands for the
purposes stated therein, at no cost and free of encumbrance, concurrently with the
registration of each stage of the plan of subdivision within which the identified
blocks are located:
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Stage 1
Blocks 33
Park
Block 34-35
Public Walkway
Block 36
Open Space/SWM
Block 37
Open Space
Block 38
Road Widening
Blocks 39-43
0.3m Reserve
Blocks 44
Open Space
Stage 2
Block 18
Community Park
Block 19
Open Space/SWM
Blocks 20-21
Road Widening
Blocks 22-28
0.3m Reserve
Stage 3
Block 2 0.3m Reserve
Stage 4
Block 33 Park
Blocks 34-35 Walkway
Block 36 Road Widening
Blocks 37-38 0.3m Reserve
Stage 5
Block 22 Park
Blocks 23-24 Walkway
Stage 6
Blocks 4 0.3m Reserve
Stage 7
Blocks 6-7 Future Access
13. The SUBDIVIDER agrees that the plan shall be registered in seven stages in
accordance with the following and to the satisfaction of the CITY'S Director of
Planning:
a) Stage 1 shall be registered first and prior to, concurrently with or
subsequent to Draft Plan of Subdivision 30T-14201, only when a secondary
access is provided to Bleams Road or Rosenberg Way.
b) Stage 2 shall be registered concurrently with or subsequent to Stage 1.
C) Stage 3 shall be registered concurrently with or subsequent to Stage 1 and
only when a secondary access is provided to Bleams Road or Rosenberg
Way.
d) Stage 4 shall be registered concurrently with or subsequent to Stage 2.
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e) Stage 5 can register concurrently with or subsequent to the registration of
Stages 2 and 4.
f) Stage 6 shall be registered concurrently with or subsequent to Stage 1 and
the extension of Eskerwood Way from Gehl Place to Homelands Street.
g) Stage 7 is dependent upon the inclusion of lands municipally addressed as
2091 Bleams Road, in whole or in part, being added with lands in Stages
2 and 4, within the plan limits, through a future modification.
14. The SUBDIVIDER shall satisfy the 5% parkland dedication for the entire
subdivision by the conveyance of Park Block 33 (Stage 1), Community Park Block
16 (Stage 2), Park Block 33 (Stage 4), and Park Block 22 (Stage 6).
15. The SUBDIVIDER shall agree to provide adequate notice to all home purchasers
of the proposal to construct multiuse pathways, including identification of pathway
plans and cross sections displayed in sales offices and shall be noted in all
agreements of purchase and sale and/or rental agreements when the multi -use
pathway is proposed on lands immediately adjacent to the purchased lot.
16. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to
final approval of the plan, a Detailed Vegetation Plan is to be submitted for approval
by the CITY'S Director of Planning. The Detailed Vegetation Plan shall also show
approved grading. The SUBDIVIDER agrees to implement all of the measures
identified in the approved Detailed Vegetation Plan including delivering all
information contained in the approved Detailed Vegetation Plan to prospective
purchasers to ensure that the requirements are carried out as specified.
17. The SUBDIVIDER agrees to have all proposed tree and shrub plantings on public
rights of way reviewed and approved by the CITY'S Director of Parks and
Cemeteries.
18. The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of
Kitchener, for the area being subdivided in order to satisfy Condition 1.22 of the
Subdivision Agreement.
19. The SUBDIVIDER shall obtain approval of landscape plans for the stormwater
management facilities in Block 36 (Stage 1) and Block 19 (Stage 2) and for all
buffer areas contiguous to Open Space Blocks 37 (Stage 1) and that
recommended buffer plantings consist of locally -appropriate, self-sustaining native
vegetation. The landscape plans are to be prepared by a qualified landscape
architect and/or environmental professional and approved by the CITY'S Director
of Operations in consultation with the Regional Commissioner of Planning,
Development and Legislative Services.
20. The SUBDIVIDER agrees to design and construct the parks Park Block 33 (Stage
1), Community Park Block 18 (Stage 2), and Park Block 33 (Stage 4) to the
satisfaction of the CITY'S Director of Parks and Cemeteries in consultation with
the CITY'S Director of Planning prior to registration of the stage within which the
park block(s) is located. Grading, topsoiling and seeding shall be completed
before occupancy of the first unit within the stage which includes the park(s) or in
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the event of winter conditions, by June 1st immediately following the issuance of
the first occupancy permit. The SUBDIVIDER shall complete construction of the
park and community trail within one year of registration or servicing the stage within
which the park block(s) is located, whichever occurs first. The applicable
construction costs such as grading, topsoiling, seeding, sodding, installation of
playground equipment, landscaping, seating and signage relating to the parks and
surface treatment relating to the community trails, are at the sole cost of the
SUBDIVIDER.
21. The SUBDIVIDER shall confirm whether decorative street signage and street
lighting will be used for the subdivision to the satisfaction of the CITY'S Director of
Transportation Services and CITY'S Director of Planning and Kitchener -Wilmot
Hydro and the Region of Waterloo. Should these decorative elements be utilized,
they shall be installed at the appropriate timeframe and at the SUBDIVI DER'S cost,
including the provision of 10% of the cost of materials for future
replacement/maintenance, to the satisfaction of the CITY'S Director of
Transportation Services and Kitchener -Wilmot Hydro.
22. Prior to the Servicing or Registration, whichever shall occur first, of each stage, the
SUBDIVIDER shall prepare an On -Street Parking Plan to the satisfaction of the
CITY'S Director of Transportation Services, in consultation with the CITY'S
Director of Engineering Services in accordance with the CITY'S On -Street Parking
Policy, as approved and amended. The On -Street Parking Plan shall be
considered in accordance with the servicing drawings and shall generally provide
for one on -street parking space for every two dwelling units. Other options such as
driveway length, garage space, communal parking facilities, and/or parking along
the park frontage, may be considered in accordance with the CITY'S Policy and at
the discretion of the Director of Transportation Services.
23. That prior to registration, the SUBDIVIDER agrees to prepare a brochure for new
home purchasers which provides information about the natural heritage features
within the subdivision along with advice about good stewardship of these areas,
and that the brochure shall be to the satisfaction of the CITY'S Director of Planning
in consultation with the Grand River Conservation Authority and the Regional
Municipality of Waterloo. Furthermore, the SUBDIVIDER agrees to distribute this
brochure to new homeowners.
24. That prior to registration of Stage 1 and conveyance of Open Space Block 37 the
SUBDIVIDER shall remove any garbage or debris from Block 37 to the satisfaction
of the CITY'S Director of Parks and Cemeteries in consultation with the Regional
Municipality of Waterloo. The SUBDIVIDER shall treat these lands as required by
the Kitchener Tree Management Policy (2002) Section 3.3.1.6 including the
removal of any garbage or debris to the satisfaction of the CITY'S Director of
Planning and the CITY'S Director of Parks and Cemeteries.
25. The SUBDIVIDER agrees that prior to area grading, servicing or registration of all
or any part of the plan of subdivision, whichever shall occur first, to prepare a
detailed engineering design for Storm Water Management including any requisite
monitoring and obtain approval thereof from the CITY'S Director of Engineering
Services in consultation with the Grand River Conservation Authority and the
Regional Municipality of Waterloo. The Stormwater Management design shall be
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in accordance with the Alder Creek Watershed Study (2007) and Alder Creek
Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL, 2008
as well as the Comprehensive Stormwater Management Strategy for the South
West Urban Area prepared by AMEC (June 22, 2011 and revised July 18, 2011),
the Minutes of Settlement dated August 17, 2015, and the City's Integrated SWM
Master Plan. The approved engineering design for Storm Water Management will
include a maintenance program for a period of two years following 95% build -out
of the subdivision, which will ensure the stormwater management facilities function
as designed to the satisfaction of the CITY'S Director of Engineering Services.
26. That the SUBDIVIDER agrees to include the following statement in all agreements
of purchase and sale and/or rental agreements that may be entered into pursuant
to Section 52 of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or
purchase and sale are not yet registered as a plan of subdivision. The fulfillment
of all conditions of draft plan approval, including the commitment of water supply
and sewage treatment services thereto by the Region and other authorities, has
not yet been completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no representation or
warranty that the lot, lots, block or blocks which are the subject of this agreement
or lease or purchase and sale will have all conditions of draft plan approval
satisfied, including the availability of servicing until the plan is registered."
27. Prior to servicing or registration, whichever shall occur first, the SUBDIVIDER shall
prepare a detailed engineering design for Storm Water Management including any
requisite monitoring and obtain approval thereof from the CITY'S Director of
Engineering Services in consultation with the Grand River Conservation Authority
and the Regional Municipality of Waterloo. The Stormwater Management design
shall be in accordance with the Alder Creek Watershed Study (2007) and Alder
Creek Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL,
2008 as well as the Comprehensive Stormwater Management Strategy for the
South West Urban Area prepared by AMEC (June 22, 2011 and revised July 18,
2011) and the City's SWM Master Plan. The approved engineering design for
Storm Water Management will include a maintenance program for a period of two
years following 95% build -out of the subdivision, which will ensure the stormwater
management facilities function as designed to the satisfaction of the CITY'S
Director of Engineering Services.
28. Prior to registration of Stage 1, the SUBDIVIDER agrees to implement mitigation
measures, and submit, obtain approval of and implement a monitoring program as
outlined in the Rosenberg Secondary Plan — Mattamy Community, Environmental
Impact Study — Update (NRSI Inc., August 2021). This will include biological
monitoring and any additions or modifications identified by the City, Region or
Grand River Conservation Authority as part of the final review and approval of the
monitoring program. The SUBDIVIDER further agrees to implement any remedial
action deemed necessary as a result of the aforementioned monitoring program at
their sole expense to the satisfaction of the CITY'S Director of Engineering
Services and the Director of Planning in consultation with the CITY'S Director of
Parks and Cemeteries, the Regional Municipality of Waterloo and the Grand River
Conservation Authority.
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29. The SUBDIVIDER agrees to install black vinyl chain link fence, or approved
decorative fencing that is designed to provide visibility along any rear and/or side
lot lines identify the blocks or lots here that are adjacent to Park and Open Space
Blocks to the satisfaction of the CITY'S Director of Engineering Services in
consultation with the CITY'S Director of Operations.
30. The SUBDIVIDER agrees to install 1.8 metre tall black vinyl chain link fence along
the shared property boundaries with 1084 and 1104 Trussler Road to the
satisfaction of the CITY'S Director of Engineering Services in consultation with the
CITY'S Director of Operations.
31. The subdivision shall be registered prior to, in conjunction with or subsequent to
Subdivision 30T-14201 and that prior to registration of any stage, the
SUBDIVIDER shall provide and/or convey any required temporary or permanent
easements to the City of Kitchener and the Regional Municipality of Waterloo to
permit the construction of those services and roads necessary for the development
of the subdivision as identified in the Area Servicing Plan as set out in Schedule
"B1", "132" and "BY to Minutes of Settlement dated August 17, 2015. Further, the
design and construction of services within the subdivision shall be in accordance
with the Area Servicing Plan attached as Schedules "B1", "132" and "BY to Minutes
of Settlement dated August 17, 2015.
32. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines
for Priority Lots to the satisfaction of the CITY'S Director of Planning.
The Design Guidelines for Priority Lots shall include, but not be limited to, the
following considerations:
a) For Corner Priority Lots, building elevation drawings shall ensure that
consideration has been given to the design treatment along both road
frontages for each lot/dwelling, including such items as the provision of
porches, porticos, stairs or other projections; secondary or angled door
entries; horizontal articulation, brick or masonry -style skirting along both
the front and exterior side yard and/or accentuated windows; increased
building massing and height; and consideration to fencing and
landscaping.
b) For Park Priority Lots, building elevation drawings shall ensure that
consideration has been given to the design treatment along the road
frontage and the park flankage for each lot/dwelling, including such items
as the provision for porches, porticos, stairs or other projections,
secondary entry doors, horizontal articulation, brick and masonry -style
skirting and/or accentuated windows; and consideration to fencing and
landscaping.
c) For Gateway Priority Lots, building elevation drawings shall ensure that
consideration has been given to design treatment along the road frontage
including such items as the provision of porches, porticos, stairs or other
projections, horizontal articulation, brick and masonry style skirting and/or
accentuated windows.
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33. The SUBDIVIDER agrees prior to registration to prepare, a community trail design
for Gehl Place, to be approved by the CITY'S Director of Parks and Cemeteries in
consultation with the CITY'S Director of Planning.
34. The SUBDIVIDER agrees that prior to servicing or registration, whichever occurs
first, to prepare an updated water servicing report which shall make
recommendations that address water pressure within the limits of the subdivision
to the satisfaction of the CITY'S Director of Engineering Services and the Regional
Municipality of Waterloo.
35. The SUBDIVIDER agrees to surrender all Aggregate Resources Act (ARA)
licenses prior to, or concurrently with, the registration of all or any stage of this
plan.
The SUBDIVIDER agrees that prior to registration of all or any stage of this plan,
the CITY'S Director of Planning, shall be advised by the Ministry of Natural
Resources and Forestry (MNRF) or Provincial successor thereof that this condition
has been carried out satisfactorily.
36. The SUBDIVIDER agrees that prior to registration of to erect signage, clearly
setting out the CITY'S future intent to close Gehl Place to vehicular traffic and
incorporate the road right-of-way into the community trail system. The location and
content of said signage shall be approved by the CITY'S Director of Planning.
37. The SUBDIVIDER agrees to make the necessary arrangements with the adjacent
landowner to the east (30T-14201) for the sharing of costs associated with
oversizing sewers including the dedicated winter by-pass sewer as required to
service these lands and to provide the City's Director of Engineering Services
written confirmation that these cost sharing arrangements have been made prior
to registration.
38. The SUBDIVIDER agrees to make the necessary arrangements with the adjacent
landowner to the east (30T-14201) for the sharing of costs associated with
oversizing storm water management facilities and to provide the City's Director of
Engineering Services written confirmation that these cost sharing arrangements
have been made prior to registration.
39. The SUBDIVIDER provides fill certifications to the satisfaction of the City's Director
of Engineering Services, prior to the registration of each phase, to ensure the
geotechnical integrity of all filled lands.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS:
That the plan for final approval may incorporate a lot pattern for all blocks in which
single detached, semi-detached and townhouse lots are permitted, at a density not
exceeding the density identified in the draft approval conditions.
2. That the SUBDIVIDER agrees to stage the development of this subdivision in a
manner satisfactory to the Regional Commissioner of Planning, Development and
Legislative Services.
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3. That the subdivision agreement be registered by the City of Kitchener against the
lands to which it applies and a copy of the registered agreement be forwarded to
the Regional Commissioner of Planning, Development and Legislative Services
prior to final approval of the subdivision plan.
4. That any dead ends and open sides of road allowances created by this plan of
subdivision shall be terminated in 0.3 metre reserves, to be conveyed to and held
in trust by the City of Kitchener until required for future road allowances or the
development of adjacent land.
5. That the SUBDIVIDER enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any agreement
for the installation of underground services, whichever comes first. Where the
SUBDIVIDER has already entered into an agreement for the installation of
underground servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to registration of
any part of the plan. The Regional Commissioner of Transportation and
Environmental Services shall advise prior to an Agreement for Servicing that
sufficient water supplies and wastewater treatment capacity is available for this
plan, or the portion of the plan to be registered.
6. That the SUBDIVIDER includes the following statement in the registered
subdivision agreement and in all agreements of lease or purchase and sale and/or
rental agreements that may be entered into pursuant to Section 52 of the Planning
Act, prior to the registration of this plan
"The lot, lots, block or blocks which are the subject of this agreement of lease or
purchase and sale are not yet registered as a plan of subdivision. The fulfillment
of all conditions of draft plan approval, including the commitment of water supply
and sewage treatment services thereto by the Region and other authorities, has
not yet been completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no representation or
warranty that the lot, lots, block or blocks which are the subject of this agreement
or lease or purchase and sale will have all conditions of draft plan approval
satisfied, including the availability of servicing until the plan is registered."
7. That, prior to registration or servicing, whichever comes first, the Functional
Servicing Report (MTE, dated July 6, 2018 and/or future amendments thereto) be
completed to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
8. That, the SUBDIVIDER agrees that prior to servicing or registration, whichever
occurs first, to submit an updated water servicing report for the entire plan of
subdivision, with such report to assess the need for pressure reducing valves, to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
Where individual pressure reducing valves are required, the SUBDIVIDER must
enter into an agreement with the City of Kitchener to provide for such installation;
and to include in all agreements of purchase and sale and/or rental agreements, a
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clause identifying the presence of such water pressure reduction device and
advising that it may not be removed by the SUBDIVIDER/occupant.
9. That, prior to final approval of all or applicable stages of the plan of subdivision,
the SUBDIVIDER agrees to submit for review and approval, engineering drawings
of the crossing of the 1200mm Regional raw watermain and 600 mm twin raw
water transmission main along Bleams Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
10. That, prior to final approval of all or applicable stages of the plan of subdivision,
the SUBDIVIDER agrees to submit for review and approval, detailed engineering
drawings of the connections to the Regional watermain at Isaiah Drive and George
Israel Street to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
11. That, prior to any grading or construction, and registration of all or applicable
stages of the plan of subdivision, the SUBDIVIDER submits a final lot grading and
drainage plan for the entire plan for review and approval to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services. The
lot grading and drainage plan must consider existing and future grades/profiles for:
Bleams Road (Regional Road 56); and
Trussler Road (Regional Road 70).
12. That, prior final approval of all or any part of this plan of subdivision, the
SUBDIVIDER prepare a groundwater monitoring and mitigation plan to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services. The plan must include and /or address the following:
a. Achievement of the infiltration taregets of the Comprehensive Stormwater
Management Strategy for the South West Urban Area prepared by AMEC
(June 22, 2011 and revised July 18 2011);
b. Any significant changes in ground water levels and chemistry such as
elevated chloride rates;
C. An infiltration implementation plan which reviews and addresses problems
associated with the installation of end -of -pipe and/or lot level infiltration
facilities due to poor soil, high water table, or the implementation of the
materials management plan; and
d. Monitoring prior to, during, and post -construction for a two year period
following 95 percent build -out of the plan of subdivision.
Further, the SUBDIVIDER agrees to implement any remedial action deemed
necessary (including additional monitoring should chloride levels exceed the
Reasonable Use Criteria of Alder Creek Watershed and Upper Strasburg Creek
Subwatershed Update CH2M HILL, 2008 report as approved), as a result of the
aforementioned monitoring program at their sole expense to the satisfaction of the
CITY'S Director of Engineering Services, Grand River Conservation Authority, and
the Regional Commissioner of Planning, Development and Legislative Services.
13. That, prior to servicing or registration, whichever comes first, the SUBDIVIDER
submit a final detailed stormwater management plan for the stormwater
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management facilities located within each stage to be registered to the satisfaction
of the City of Kitchener, Grand River Conservation Authority, and the Regional
Commissioner of Planning, Development and Legislative Services including, but
not limited to, the design and location of end of pipe infiltration facilities.
Furthermore, that the detailed SWM, required above, be completed in accordance
with the accepted preliminary detailed stormwater management plan titled
"Rosenberg Secondary Plan — Mattamy Community" (MTE, dated July 6, 2018;
revised November 29, 2019).
14. That prior to registration, the owner enter into an agreement with the City of
Kitchener, to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services, to ensure that the water balance completed
to date be updated with the "as -built" infiltration gallery data (based on suitability
of soils encountered during construction) and that this data be reported to the
Region of Waterloo and City of Kitchener in the event that a ground water deficit
results and mitigation measures may be required to maintain the existing water
balance. Monitoring reports for the infiltration in the groundwater recharge areas
are required for 2 years post development of the subdivision to ensure the water
balance is being achieved.
15. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER enter into an agreement with the City of Kitchener to include the
following clause in the agreements of purchase and sale or rental agreements for
all residential lots and blocks in the stage(s) to be registered:
"This property is located within a Wellhead Protection Area designated by the
Regional Municipality of Waterloo. To reduce the risk of contamination to the
Region's current and future municipal drinking -water supply, the installation of a
geothermal well on this property is not permitted."
16. That prior to registration, the SUBDIVIDER decommissions any monitoring and
private wells (not used for long term monitoring) and septic systems on the
property in accordance with O. Reg. 903 prior to any grading on the property; and
furthermore, that the SUBDIVIDER enter into an agreement with the City of
Kitchener to decommission any long term monitoring wells no longer used for such
purposes, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
17. That prior to registration, if required, the SUBDIVIDER enter into an agreement
with the Regional Municipality of Waterloo to implement the conclusions and
recommendations of the accepted Materials Management Plan (MTE, dated
November 3, 2020) to the satisfaction of the Region of Waterloo.
18. That, prior to area grading, servicing or registration of each stage of the plan of
subdivision, the SUBDIVIDER complete a Record of Site Condition in accordance
with Ontario Regulation 153/04. Two copies of the completed Record of Site
Condition and acknowledgement from the Ministry of the Environment,
Conservation and Parks must be forwarded to the Regional Commissioner of
Planning, Development and Legislative Services. The Record of Site Condition
boundaries must exclude any land being dedicated to the Region. Prior to
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submitting the RSC and the commencement of area grading for the subdivision,
site alteration, materials management, filling and preliminary grading will be
permitted provided these activities comply with a materials management plan to
be approved by the Region's Commissioner of Planning, Development and
Legislative Services and a preliminary grading plan to be approved by the CITY'S
Director of Engineering Services in consultation with the Ministry of Natural
Resources and Forestry or any Provincial successor thereof. The SUBDIVIDER
further agrees the preliminary grading plan and implementation of same will ensure
drainage through lands to the east does not exceed pre -development drainage
flows of 2.0 cubic metres per second as allocated in Schedule `C' of the Minutes
of Settlement dated August 17, 2015.
19. That the boundaries and buffers of the Core Environmental Feature (Provincially
Significant Wetland ("W4")) within the subject lands be interpreted as shown on
Map 4a of the Rosenberg Secondary Plan — Mattamy Community, Environmental
Impact Study — Update (Natural Resource Solutions Inc., August 20, 2021).
20. That prior to registration of all or applicable stages of the plan of subdivision, the
Core Environmental Feature (Provincially Significant Wetland) and associated
buffers on the subject lands (Open Space - Block 37, Stage 1) be placed in suitable
natural heritage conservation zoning.
21. That prior to any land clearing, grading or construction on the subdivision lands,
the SUBDIVIDER enter into an agreement with the Regional Municipality of
Waterloo to indicate that no clearing of vegetation on the site occur during the bird
breeding season (May 1- July 31) in compliance with the Migratory Birds
Convention Act unless it can be ascertained by a qualified expert that no birds
covered by the Act are observed to be breeding in or adjacent to the affected area.
22. That prior to any land clearing, grading or other site alteration, the SUBDIVIDER
ensures compliance with the Endangered Species Act.
23. That, prior to registration of all or applicable stages of the subdivision, and prior to
any land clearing, grading or construction on the subject lands, the SUBDIVIDER
enter into an Agreement with the City of Kitchener to install fencing along the
southern limits of the subdivision consistent with the recommendations of the
Rosenberg Secondary Plan — Mattamy Community, Environmental Impact Study
— Update (Natural Resource Solutions Inc., December 2019) and the Blanding's
Turtle Mitigation Plan for the adjacent lands (30T-18202) to ensure the exclusion
of Blanding's Turtles from the subject property. Further, the Agreement should
include the requirement to develop and implement protocols to monitor for turtle
activity during construction, and to provide all personnel on site during construction
with the protocols to follow in the event a turtle(s) is observed within the
construction zone.
24. That, prior to registration of all or applicable stages of the plan of subdivision, and
prior to any land clearing, grading or construction on the subject lands, the
SUBDIVIDER enter into an Agreement with the City of Kitchener to install
permanent fencing along the outer limits of Open Space Block 37 (Stage 1).
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25. That, prior to registration of Stages 1, 2, 5 and 6 and any land clearing, grading, or
the installation of services, the SUBDIVIDER submit a detailed erosion and
sediment control plan acceptable to the Regional Municipality of Waterloo, City of
Kitchener and Grand River Conservation Authority in order to prevent
sedimentation into Open Space Block 37 (Stage 1) and the Core Environmental
Feature located on the adjacent lands, south of the subject property.
26. That, prior to registration, the SUBDIVIDER submit a Detailed Vegetation
Management Plan and a Natural Heritage Restoration and Enhancement Plan, in
accordance with the Rosenberg Secondary Plan — Mattamy Community,
Environmental Impact Study — Update (Natural Resource Solutions Inc.,
December 2019) which includes measures to enhance connectivity of turtle
habitats, vegetation loss compensation, permanent wildlife fencing, wildlife
corridor details, to the satisfaction of the Regional Municipality of Waterloo and the
City of Kitchener, and in consultation with Grand River Conservation Authority.
27. That, prior to registration of Stages 1, 2, 5 and 6, the SUBDIVIDER submit
landscaping and planting plans for all buffer areas contiguous to the environmental
features and for the stormwater management facilities located within the stage to
be registered, and that recommended plantings shall consist of locally -appropriate,
self-sustaining native vegetation to the satisfaction of the Regional Municipality of
Waterloo, the City of Kitchener and the Grand River Conservation Authority.
28. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER submit a detailed monitoring plan for the Core Environmental
Feature and buffer/enhancement area (Open Space Block 37, Stage 1) on the
subject lands as outlined in the Rosenberg Secondary Plan — Mattamy Community,
Environmental Impact Study — Update (Natural Resource Solutions Inc.,
December 2019) to the satisfaction of the Regional Municipality of Waterloo, the
City of Kitchener and the Grand River Conservation Authority. Furthermore, as
necessary, it is required that the SUBDIVIDER enter in an agreement with the City
of Kitchener to implement any required remedial action deemed necessary as a
result of the monitoring plan.
29. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER provides a brochure and other information tools for new home
purchasers and residents which provides information about the natural heritage
features within the subdivision, along with advice about how they can be good
stewards of these areas, and that the brochure be to the satisfaction of the
Regional Municipality of Waterloo. The SUBDIVIDER will be required to enter into
an agreement with the City of Kitchener or the Regional Municipality of Waterloo
to distribute the approved stewardship brochure or other comparable information
tools to home purchasers.
30. That, prior to registration, the SUBDIVIDER enter into an agreement with the
Regional Municipality of Waterloo to distribute source water protection and winter
salt management information with all offers to purchase and/or rental agreements,
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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31. That, prior to registration, the SUBDIVIDER enter into an agreement with the
Regional Municipality of Waterloo to complete salt management plans for all
Multiple Residential Blocks (Blocks 13, 14, 16, Stage 2; Block 1, Stage 3; Block
31, Stage 4; Block 21, Stage 5), Institutional Blocks (Block 17, Stage 2), and Mixed
Use Blocks (Block 15, Stage 2; Block 32, Stage 4) prior to site plan approval or
Condominium Blocks, whichever occurs first, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. Furthermore,
that the agreement contains a provision to include implementation of the salt
management plan by way of declaration associated with any future applications
for plan of condominium.
32. That, prior to registration, the SUBDIVIDER enter into an agreement with the City
of Kitchener to provide the following:
a. That, in accordance with the accepted Archaeological Assessment reports,
the Temporary Avoidance and Protection Fencing erected on April 21,
2021 be maintained in good condition to protect unintentional soil
disturbance in the adjacent Open Space Block 33 (Stage 1) and
Archaeological Site Block 35 (Stage 1) of draft plan of subdivision 30T-
18202; and
b. That, a permanent chain link fence be erected along the northern limits of
Open Space Block 37 (Stage 1) and along the southern limits of Open
Space Block 33 (Stage 1) of adjacent draft plan of subdivision 30T-18202,
as recommended in the Report titled. "Preliminary Stage 4 Archaeological
Mitigation of Site AiHd-160" (prepared by ASI, dated June 25, 202 1) and
shown on the Map titled. "Mattamy Community EIS, Natural Heritage
Restoration and Enhancement Plan" (prepared by Natural Resource
Solutions Inc., dated April 22, 2022). This permanent chain link fence shall
be constructed within 1 year following development of the lands.
33. That, prior to registration of all or any part of this subdivision, or prior to
commencement of any construction work relating to:
a. Bleams Road (Regional Road 56) right-of-way, whichever comes first, the
SUBDIVIDER must enter into an agreement with the Regional Municipality
of Waterloo to obtain a Municipal Consent and Work Permit from the
Region for such works; and
b. Trussler Road (Regional Road 70) right-of-way, whichever comes first, the
SUBDIVIDER must enter into an agreement with the Regional Municipality
of Waterloo to obtain a Municipal Consent and Work Permit from the
Region for such works.
34. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER provides engineering drawings which include details of boulevard
restoration for:
a. Bleams Road (Regional Road 56), to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services; and
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b. Trussler Road (Regional Road 70), to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
35. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo
to provide the necessary financial resources for any decorative street lighting that
may be proposed by the SUBDIVIDER over and above the Region's standard
illumination requirements along:
a. Bleams Road (Regional Road 56); and
b. Trussler Road (Regional Road 70).
36. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER obtains Regional Road Access Permits for the intersections of:
a. Bleams Road and Essex Road;
b. Bleams Road and Isaiah Drive;
C. Bleams Road and George Israel Street; and
d. Trussler Road and Rosenberg Way.
37. That, concurrently with the registration of applicable stages of the Plan of
Subdivision, the following road widening blocks shall be conveyed to the Regional
Municipality of Waterloo at no cost and free of encumbrance:
a. Block 38 (Stage 1);
b. Blocks 20 and 21 (Stage 2); and
C. Block 36 (Stage 4).
38. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo
to provide sufficient certified funds for the following transit amenities for 10 transit
stops along Rosenberg Way and 2 transit stops along George Israel Street in order
to provide Grand River Transit services to this plan consisting of:
a. Transit landing pads (12);
b. Transit shelter pads (4); and
C. Transit shelters (4)
To the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services;
That, prior to registration of each stage of the plan of subdivision, the SUBDIVIDER
enters into an agreement with the Regional Municipality of Waterloo to grant any
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easements as necessary, at no cost to the Region, for the provision of transit
amenities within each stage.
39. That, prior to registration of all or applicable stages of the plan of subdivision, the
Regional Municipality of Waterloo shall be provided with the necessary land
required within the limits of the Plan of Subdivision to construct the necessary
intersection improvements at the:
a. Bleams Road and Isaiah Drive intersection;
b. Bleams Road and Essex Road intersection; and
C. Bleams Road and George Israel Street intersection.
To the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
40. Notwithstanding Conditions 3.36, 3.37, and 3.39, that the SUBDIVIDER agrees to
provide on the final plan for registration any road widening dedication along
Bleams Road and Trussler Road frontage and daylight triangles as identified in the
Environmental Assessment projects for Bleams Road and Trussler Road, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services;
41. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER agrees:
a. to provide a functional design and cost estimate for a southbound left -turn
lane with 70 metre storage length and appropriate tapers on Trussler Road
at Rosenberg Way;
b. that the Region of Waterloo has the necessary physical and financial
resources to construct all required road improvements in 45.a) above; and
C. That conditions 3.42.a) and 3.42.b) above all be fulfilled to the satisfaction
of the Regional Commissioner or Planning, Development and Legislative
Services.
42. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER submits for review and approval any functional design and cost
estimate for any interim Regional Road improvements including any left-hand turn
lanes, right-hand turn lanes, appropriate storage lengths, and appropriate tapers
identified in association with the Plan of Subdivision construction as per a scoped
Transportation Impact Study (TIS), to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
That, prior to registration of all or applicable stages of the plan of subdivision, the
Regional Municipality of Waterloo has the necessary physical and financial
resources to provide for any interim road improvements identified above, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislated Services.
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43. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER enters into an agreement with the City of Kitchener and/or Regional
Municipality of Waterloo as necessary, to provide for implementation of the
recommendations of the accepted noise report entitled "Rosenberg Secondary
Plan Mattamy Community, Preliminary Environmental Noise Assessment" (MTE
Consultants, July 6, 2018 and last revised November 1, 2019).
That, notwithstanding above, the SUBDIVIDER enters into an agreement with the
Regional Municipality of Waterloo to complete a detailed noise study for the
following blocks that may be impacted by road and stationary noise:
a. Multiple Residential Blocks 13 and 14 (Stage 2), Mixed -Use Block 15
(Stage 2), Multiple Residential / Institutional Block 16 (Stage 2), Institutional
Block 17 (Stage 2);
b. Multiple Residential Block 1 (Stage 3);
C. Multiple Residential Block 31 (Stage 4) and Mixed -Use Block 32 (Stage 4);
and
d. Multiple Residential Block 21 (Stage 5).
The detailed noise study must be completed prior to final Site Plan approval for
each identified block. Where appropriate, the lands shall be designed to avoid the
use of physical noise attenuation measures through appropriate site design and
setbacks.
Furthermore, the agreement shall include a provision to enter into an amending
agreement or new agreement with the City of Kitchener and/or the Regional
Municipality of Waterloo, as necessary, to provide for implementation of the noise
attenuation requirements recommended in the accepted detailed noise study.
All to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
44. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER agrees to undertake an environmental noise study to address land
use compatibility for adjacent stages that may be impacted by ongoing grading
activities associated with the accepted Materials Management Plan (MTE, dated
November 3, 2020) due to phasing. Furthermore, the SUBDIVIDER agrees to
enter into an amending agreement or new agreement with the City of Kitchener
and/or Regional Municipality of Waterloo, as necessary, to provide for
implementation of the noise attenuation requirements recommended in the
accepted detailed noise study used to address land use compatibility concerns.
45. That, prior to registration of all or applicable stages of the plan of subdivision, the
SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo
to provide for installation of a 1.5 metre high chain-link fence adjacent to Bleams
Road (Regional Road 56), at a minimum, along:
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a. Multiple Residential Blocks 13 and 14 (Stage 2);
b. Multiple Residential Block 1 (Stage 3);
C. Residential Blocks 6, 8 and 9 (Stage 4), Multiple Residential Block 31
(Stage 4), and Mixed -Use Block 32 (Stage 4);
d. Residential Block 1 (Stage 5) and Multiple Residential Block 21 (Stage 5);
and
e. Future Development Block 5 (Stage 7).
All to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. OTHER AGENCY CONDITIONS:
Township of Wilmot
That the SUBDIVIDER circulates any applicable engineering drawings for the
reconstruction of Trussler Road, south of Bleams Road, to the Townhip of Wilmot
for review, to ensure entrances providing access to existing properties on the west
side of Trussler Road, have been considered and incorporated into the design.
Further, the SUBDIVIDE is required to pay the review fee required by Wilmot
Township at time of drawing submission.
Grand River Conservation Authority
2. Prior to any grading or construction on the site and prior to registration of the plan,
the owners or their agents submit the following plans and reports to the satisfaction
of the Grand River Conservation Authority.
a) A detailed final stormwater management report in accordance with the
2003 Ministry of the Environment Report entitled "Stormwater Management
Planning and Design Manual" and in keeping with the Rosenberg
Secondary Plan Mattamy Community 30T18201 & 30T-18202 Preliminary
Stormwater Management Report (dated August 31, 2021, prepared by
MTE Consultants Inc).
b) Final Lot Grading, Servicing, and Storm Drainage Plans.
C) A final erosion and sediment control plan in accordance with the Grand
River Conservation Authority's Guidelines for erosion and sediment control,
indicating the means whereby erosion will be minimized and sediment
maintained on-site throughout all phases of grading and construction.
d) The submission and approval of a Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses permit from the
GRCA prior to any grading or construction in a regulated area, including
any grading within wetlands and the "wet depression," as identified in the
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EIS (prepared by NRSI, revised August 2021), and their regulated
allowances.
Waterloo Region District School Board
3. That prior to registration of Stage 2, the SUBDIVIDER shall submit to the Waterloo
Region District School Board a report from a qualified consultant confirming
institutional Block 17 Stage 2 (and block 19 for accessory uses for an educational
establishment):
a) The suitability of Block 17, Stage 2 for school construction purposes, with
particular regard to soil bearing capacity, surface drainage, storm water
management, topography and environmental contaminants;
b) The suitability of Block 19, Stage 2 for uses accessory to an educational
institution (including but not limited to playing fields and/or a track and field
facility), with particular regard to surface drainage and infiltration, storm
water management and topography;
C) The final engineering plans as approved by the City of Kitchener which
identify the storm drainage system that will service Blocks 17 and 19, Stage
2, and the overall grading plans for the complete subdivision area, and,
d) The availability, within the adjacent road allowance, of natural gas,
electrical, water, storm sewer and sanitary sewer services, intended to
service the institutional blocks.
4. Prior to the registration of Stage 2, the SUBDIVIDER agrees to make satisfactory
arrangements with the Waterloo Region District School Board to acquire or release
Block 17, Stage 2, comprising an area not less than 3.18 ha. Should the Waterloo
Region District School Board provide written notification that interest in Block 17,
Stage 2 has been waived, the Waterloo Catholic District School Board and publicly
funded French language institutions shall be provided the opportunity to acquire
Block 17, Stage 2 subject to the same conditions of approval.
5. The SUBDIVIDER shall agree in the Subdivision Agreement, in wording
satisfactory to the Waterloo Region District School Board:
a. To grade the school site, and in doing so compact, fill with clean material,
replace any topsoil disturbed in the grading process and sod/seed the lands
to the specifications determined by the Waterloo Region District School
Board;
b. To remove all trees and/or buildings on Block 17, Stage 2, as determined
by the Waterloo Region District School Board;
C. To remove stockpiled topsoil within 30 days of written notice by the
Waterloo Region District School Board, and in doing so compact, fill with
clean material, replace any topsoil disturbed in the grading process and,
sod/seed the affected area to specifications determined by the Waterloo
Region District School Board; and,
Page 61 of 336
d. Provide the foregoing at no cost to the Waterloo Region District School
Board.
6. The SUBDIVIDER shall agree to include the following notification clauses in all
Offer to Purchase and Sale and/or Rental Agreements, and on the Land Title for
all residential blocks within the Draft Plan:
"Whereas the Waterloo Region District School Board has designated this
subdivision as a Development Area for the purposes of school accommodation,
and despite the best efforts of the Waterloo Region District School Board, sufficient
accommodate may not be available for all anticipated students from the area, 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 the
future be transferred to another school."
And,
"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."
7. That the OWNER/SUBDIVIDER shall agree to install and maintain a sign
according to the specifications of the Waterloo Region District School Board (at no
expense to the Waterloo Region District School Board) affixed to the permanent
development sign, advising prospective residents that students may be directed to
schools outside of this plan and providing contact information for the Waterloo
Region District School Board.
8. That prior to final approval, detailed stormwater management, drainage and lot
grading plans for the entire plan of subdivision shall be submitted to the Waterloo
Region District School Board.
Waterloo Catholic District School Board
9. That prior to final approval, the OWNER agrees to provide the CITY'S Director of
Planning with a letter from the Waterloo Catholic District School Board (the
"WCDSB") indicating that satisfactory arrangements have been made with the
WCDSB to acquire Block 16, Stage 2. Block 16, Stage 2 shall contain not less than
2.55 hectares.
10. That the Block 16, Stage 2 not be subject to any municipal, Grand River
Conservation Authority or other agency regulation that might place the school in or
near hazard lands or hazard sites as defined by Section 3.1.5 of PPS 2020.
11. That the OWNER shall agree in the Subdivision Agreement, in wording satisfactory
to the WCDSB, to:
Page 62 of 336
a. Grade Block 16, Stage 2 and in doing so compact, fill with clean material,
replace any topsoil disturbed in the grading process and sod/seed the lands
to the specifications determined by the WCDSB;
b. Remove all trees and buildings on Block 16, Stage 2 as determined by the
WCDSB;
C. Remove stockpiled topsoil from the School Block within 30 days of written
notice by the WCDSB, and in doing so compact, fill with clean material,
replace any topsoil disturbed in the grading process and sod/seed the
Block 16, Stage 2 to specifications determined by the WCDSB;
d. Construct a 6 gauge 1.5 metre high black vinyl chain link fence, along all
boundaries of the Block 16, Stage 2, except for the road frontage, to the
specifications determined by the WCDSB, prior to the issuance of building
permits for any lands abutting the Block 16, Stage 2; and
e. Provide the foregoing at no cost to the WCDSB.
12. That the OWNER shall submit, at no cost to the WCDSB, a report from a qualified
consultant concerning:
a. The suitability of Block 16, Stage 2 for school construction purposes,
relating to soil bearing capacity, surface drainage, topography and
environmental contaminants; and
b. The availability of telecommunications infrastructure, natural gas, hydro,
water supply, storm sewer and sanitary sewer services adequate for the
construction of an elementary school on Block 16, Stage 2.
13. That the OWNER shall agree in the Subdivision Agreement in wording acceptable
to the WCDSB that the services referred to in Condition 4.11 (b) shall be installed
to the mid -point of the frontage of Block 16, Stage 2, or in a location otherwise
determined by the WCDSB, at no cost to the WCDSB.
14. That prior to final approval, the OWNER shall submit to the WCDSB an initial set
of engineering plans for review and approval, which indicate the storm drainage
system, overall grading plans, underground utilities, service connections to the
Block 16, Stage 2, proposed locations of telecommunications pedestals, hydro
transformers, fire hydrants, transit pads and transit shelters, and community
mailbox locations, and subsequently provide a copy of the final engineering plans
as approved by the City of Kitchener for the complete subdivision area.
15. That prior to final approval, if the WCDSB has elected to waive its interest in Block
16, Stage 2, that the Waterloo Region District School Board or other publicly
funded French language school board be provided the opportunity to acquire Block
16, Stage 2, subject to the same conditions of approval, or provide notification in
writing that interest in the site has been waived.
16. That Education Development Charges shall be collected prior to the issuance of a
building permit(s).
Page 63 of 336
17. That the OWNER and the WCDSB reach an agreement regarding the supply and
erection of a sign (at the developer's expense and according to the Board's
specifications) affixed to the development sign advising prospective residents
about schools in the area.
18. That the OWNER shall agree in the in the Subdivision Agreement 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:
"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."
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director
shall be advised by the Regional Commissioner of Planning, Development and Legislative
Services that Conditions 3.1 to 3.46 have been carried out to the satisfaction of the
Regional Municipality of Waterloo. The clearance letter from the Region shall include a
brief statement detailing how each condition has been satisfied.
2. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director,
shall be advised by the telephone company that Conditions 2.1.6 and 2.1.7 have been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the conditions were satisfied.
3. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director
shall be advised by Kitchener -Wilmot Hydro that Conditions 2.1.5 and 2.1.7 have been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the conditions were satisfied.
4. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director
shall be advised by the Grand River Conservation Authority that Condition 4.2 has been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the condition was satisfied.
5. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director
shall be advised by the Waterloo Region District School Board that Conditions 4.3 — 4.8
have been carried out satisfactorily. The clearance letter should contain a brief statement
as to how the condition was satisfied.
6. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director
shall be advised by the Waterloo Catholic District School Board that Conditions 4.9 — 4.18
have been carried out satisfactorily. The clearance letter should contain a brief statement
as to how the condition was satisfied.
NOTES
Page 64 of 336
The owner/developer is advised that the provisions of the Regional Development Charge
By-law 14-046 are applicable.
2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as
amended, under The Registry Act.
3. It is the responsibility of the Owner of this plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Planning Division of any changes in ownership, agent,
address, and phone and fax numbers.
4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted
By -Law 17-076, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, as
amended, to prescribe a tariff of fees for application, recirculation, draft approval,
modification to draft approval and registration release of plans of subdivision.
5. The owner/developer is advised that pursuant to Regional By -Law 17-076, the current fee
for review of a road traffic noise study is $250.00, payable to the Regional Municipality of
Waterloo upon submission of the study for review.
6. This draft plan was received on or after January 1, 2007 and shall be processed and finally
disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 2006, c.
23 (Bill 51).
7. The Owner is advised that draft approval is not a commitment by the Regional Municipality
of Waterloo to water and wastewater servicing capacity. To secure this commitment the
owner/developer must enter into an "Agreement for Servicing" with The Regional
Municipality of Waterloo by requesting that the Region's Planning, Development and
Legislative Services Department initiate preparation of the agreement. When sufficient
capacity is confirmed by the Region's Commissioner of Transportation and Environmental
Services to service the density as defined by the plan to be registered, the
owner/developer will be offered an "Agreement for Servicing". This agreement will be time
limited and define the servicing commitment by density and use. Should the "Agreement
for Servicing" expire prior to plan registration, a new agreement will be required.
The owner/developer is to provide the Regional Municipality of Waterloo with two print
copies of the proposed plan to be registered along with the written request for a servicing
agreement
8. To ensure that a Regional Release is issued by the Regional 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 can not 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.
9. The Owner is advised that the lands, or a portion of the lands, are subject to the Region
of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics
Act. The purpose of the Regulations is two -fold: 1) to prevent lands adjacent to or in the
vicinity of the Region of Waterloo International Airport site from being used or developed
Page 65 of 336
in a manner that is incompatible with the safe operation of the airport or an aircraft; and 2)
to prevent lands adjacent to or in the vicinity of facilities used to provide services relating
to aeronautics from being used or developed in a manner that would cause interference
with signals or communications to and from aircraft or to and from those facilities.
It is the landowner's responsibility to be aware, and to make all users of the land aware of
the restrictions under these Regulations which may include but not limited to height
restrictions on buildings or structures, height of natural growth, interference with
communications, and activities or uses that attract birds.
10. The Owner is advised that the lands, or a portion of the lands, may be subject to Canadian
Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This
Standard allows aviation officials to assess individual obstructions, namely buildings,
structures or objects, to determine if they are likely to constitute a hazard to air navigation
and consequently require marking and/or lighting in accordance with the Standards.
Persons planning to erect an obstruction, namely a building, structure or object, including
a moored balloon, either permanently or temporarily, should contact the Regional
Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952-0248 as
early as possible and provide the necessary information on the planned obstruction using
the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada.
11. 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 approval, and we have received an assurance from the
Regional Municipality of Waterloo and the applicable clearance agencies that the
necessary arrangements have been made, the Manager of Development Review's
signature will be endorsed on the plan and it will be forwarded to the Registry Office for
registration.
The following is required for registration under The Registry Act and the Region's purposes:
One
(1)
original mylar
Three
(3)
mylar copies
Four
(4)
white paper prints
Page 66 of 336
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4 —1
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
Mattamy Kitchener Green
Page 68 of 336
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
Mattamy Kitchener Green
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APDpNnI('pC
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of August 8, 2022
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee — August 8, 2022
APPENDIX 3 Minutes of the Meeting of City Council — August 22, 2022
SCHEDULE `A' AMENDMENT TO MAP 22e — ROSENBERG SECONDARY
PLAN LAND USE PLAN
Page 69 of 336
AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 —TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. ## to the Official Plan of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to amend Map 22e in Part 3, Section 13 — Secondary
Plans. The Roseneberg Secondary is proposed to be amended to implement a proposed draft plan
of subdivision which includes up to 3572 dwelling units, a large three hectare Neighbourhood park
and three Urban Greens, two school blocks, two mixed-use blocks, five multiple dwelling blocks,
two storm water management ponds, as well as open space, walkway, and road widenings
blocks.
The proposed changes to the Land Use Plan (Map 22e) include:
- Reorienting the mixed use blocks, school block, and neighbourhood park block in a
different configuration at the intersection of Rosenberg Way and Bandon Drive, including
adding second school block. Medium density, mixed use, and two school blocks are now
shown around the future intersection.
- The institutional block at George Israel Street and Rosenberg Way has been eliminated
with the addition of the second school block at Rosenberg Way and Bandon Drive.
- The storm water management open space block north of Rosenberg Way has been
eliminated and the other two storm water management open space blocks have been
increased in size.
- One medium density block south of Bleams Road has been eliminated, and two have been
modified. A new location has been identified at Rosenberg Way and Trussler Road.
- Rosenberg Way alignment has been changed slightly, resulting in the reconfiguration of
many blocks.
No new land use designations are proposed as part of this application.
SECTION 3 — BASIS OF THE AMENDMENT
The Applicant has requested draft approval of a plan of subdivision approval, approval of an
Official Plan Amendment, and approval of a Zoning By-law Amendment for lands within the
Rosenberg community. The lands include five parcels totaling 96.21 hectares. A large portion of
the lands were used as a gravel pit, and the southern portion of the lands are used for farming
(agricultural).
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister,
the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their
responsibilities under this Act, shall have regard to, among other matters, matters of provincial
interest. These matters of provincial interest are addressed and are implemented through the
Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's
Official Plan is the most important vehicle for the implementation of the Provincial Policy
Statement, 2020 and to ensure Provincial policy is adhered to.
Page 70 of 336
Provincial Policv Statement (PPS
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. The PPS sets out principles to achieve "healthy,
liveable and safe communities". The PPS is supportive of efficient development patterns that
optimize the use of land, resources, and public investment in infrastructure and public service
facilities. Further, the PPS directs the development of new housing to locations where appropriate
levels of infrastructure and public service facilities are or will be available to support current and
projected needs and promotes densities for new housing which efficiently uses land, resources,
infrastructure, and public service facilities.
Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be
consistent with the policy statement that are in effect on the date of decision and shall conform
with the provincial plans that are in effect on that date, or shall not conflict with them, as the case
may be.
Policy 1.1.2 requires that sufficient land shall be made available to accommodate an appropriate
range and mix of land uses to meet projected needs for a time horizon of up to 25 years, informed
by provincial guidelines.
The proposed draft plan of subdivision, Official Plan amendment, and Zoning By-law amendment
applications represent a planned development that has been designed as a transit oriented
community that is walkable and meets Regional and Provincial objectives by accommodating a
mix of housing types and densities and introduce new commercial and institutional uses. The
proposal makes efficient use of the land through comprehensively planned development and that
meet minimum density requirements, thus maximizing the recently constructed infrastructure
which was installed to service this area. The plan provides for a range of residential housing
types and densities that are in close proximity to planned Urban Greens and a large
neighbourhood park. The lands are designated for residential development and the proposed plan
of subdivision establishes an efficient development pattern that bring new residential, institutional,
and commercial uses to the Rosenberg community. Planning staff is of the opinion that the
proposed applications are consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan directs Planning authorities in the Region of Waterloo to plan for a population of
923,000 people and 470,000 jobs by 2051. This would mean a population increase of
approximately 299,070 in comparison to the Region's 2020 population of 623,930. The forecasted
growth to the 2051 horizon is allocated to each municipality in the Region based on the following
considerations: the vast majority of growth will be directed to settlement areas that have a
delineated built boundary, have existing or planned municipal water and wastewater systems,
and can support the achievement of complete communities. As one of three cities in the Region,
it can be expected that Kitchener will be allocated a significant amount of the additional population
allocation.
The subject lands are located within the City's Designated Greenfield Area, an area within the
Settlement Boundary that is designated for growth. Policy 2.2.7.1 states that new development
taking place in designated greenfield areas will be planned, designated, zoned and designed in a
manner that:
a) supports the achievement of complete communities;
b) supports active transportation; and
c) encourages the integration and sustained viability of transit services.
Page 71 of 336
Policy 2.2.7.2 requires that the minimum density target applicable to the designated greenfield
area for Waterloo Region is not less than 50 residents and jobs combined per hectare. The
minimum density for Kitchener's designated greenfield area, as required by Regional Official Plan
policy 2.D.17 and Kitchener Official Plan policy 3.C.A.A14.a) is 55 residents and jobs combined
per hectare.
The proposed density of this community is a minimum of 55, and up to 100 residents and jobs
combined per hectare based on the total build out of the lands. Up to 3572 dwelling units are
planned, as well as non-residential uses including commercial and institutional (two schools). The
planned density of this development exceeds minimum density targets in the Rosenberg
Secondary Plan. The total density will be determined at the final build out of the lands, depending
on the scale and density of the multiple dwelling sites and nature of the commercial uses.
The extension of Rosenberg Way to Trussler will complete the intended road network for this
portion of the Rosenberg community. Rosenberg is planned as a complete street and will include
bicycle infrastructure to support the active transportation network.
Regional Official Plan
The subject lands are within the Urban Designated Greenfield Area established in the Regional
Official Plan. The ROP requires that areas serving primarily a residential function will meet or
exceed a minimum density of 55 residents and jobs combined per hectare on lands not subject
to a plan of subdivision application as of June 16, 2006.
Official Plan
The vision of the City's Official Plan states "Together we will build an innovative, vibrant, attractive,
safe, complete and healthy community contributing to an exceptional quality of life." A complete
community creates and provides access to a mix of land uses including a full range and mix of
housing types. A complete community also supports the use of public transit and active
transportation, enabling residents to meet most of their daily needs within a short distance of their
homes.
Policy 4.1.1 states a housing objective of the City is to provide for an appropriate range, variety
and mix of housing types and styles, densities, tenure and affordability to satisfy the varying
housing needs of our community through all stages of life. Policy 4.C.1.12 notes 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. Policy 4.C.1.1 states that the City will maintain at
all times the ability to accommodate residential growth for a minimum of ten years through
residential intensification and redevelopment and, if necessary, lands which are designated and
available for residential development.
Policy 3.C.1.14.a) requires that a Designated Greenfield Area must be planned and developed to
achieve a minimum average density of 55 residents and jobs combined per hectare on not subject
to a plan of subdivision application as of June 16, 2006. As per policy 3.C.1.15, the achievement
of the average density targets is planned through the development of the Rosenberg Secondary
Plan. The proposed density of this community is a minimum of 55, and up to 100 residents and
jobs combined per hectare based on the total build out of the lands.
Community structure elements and land use designations have been approved for these lands in
the Rosenberg Secondary Plan, which is the part of the City's Official Plan. Rosenberg is a
planned complete community where people can walk or cycle to school, shop, and work. This
Page 72 of 336
neighbourhood follows the "five minute walk principle" design and has been designed to be
connected to the surrounding area, including the communities to the east which are approved and
under construction.
The proposed applications conform to the objectives of the community structure elements in the
Rosenberg Secondary Plan. Non-residential uses are clustered at the centre of the
neighbourhood, meaning that this focal point (neighbourhood park, non-residential uses, and
schools) are within a 5 minute walk to residents in the community. Rosenberg Way and Bandon
Drive are planned to maximize the streetscape and are prioritized over other local streets. Built
form and active uses will frame these streets to support active transportation including walking
and cycling. In addition to the centrally located neighbourhood park, three Urban Greens are
located throughout the neighbourhood to ensure that public amenities are within a comfortable
walk (around 2 minutes) for all residents.
The two institutional sites are planned for future schools. Should these lands not be required by
a school board for a school use, the Subdivider may proceed with an Official Plan amendment
and Zoning By-law amendment to reconsider these lands for mixed-use or residential without
needing to satisfy policy 15.D.7.4 of the Official Plan.
SECTION 4—THE AMENDMENT
The City of Kitchener Official Plan is hereby amended as follows:
a) Part C, Section 13 — Secondary Plans, Map 22e — Land Use Plan is amdned by
incorporating the land use designation boundary changes described in Section 2
above and shown attached as Schedule A.
Page 73 of 336
APPENDIX 1
Advertised in The Record — July 15, 2022
Notice of the Meeting of Planning and Strategic Initiatives
Committee of August 8, 2022
NOTICE OF PUBLIC MEETING'
for a development in your neighbourhood
1801-1873 Bleams Road KIT—cA NHR
Have Your Voice Heard!
Plan of Subdivision
AM&
D
3642 3 Hectare Mixed
Dwelling Neighbourhood Use
Units Park Community
Date: August 8, 2022
Time: 7:00 p.m.
Location: Council Chambers,
Kitchen orCity Hall
200 Ding Street West
orVirtual Zoom Meeting
To view the staff report. agenda,
find meeting details or to
appear as a delegation, visit:
kitchener.ca/meetings
To learn more about this project,
includil-Ig information an your
appeal rights, visit:
www. kitchener.cal
Pla n ni ngAp pl ication s
or contact:
Garett Stevenson,
Manager of Development Review
519.741.2200 x 7070
garett.stevenson(, kitchener.ca
The City of Kitchener has received an application for a Plan of Subdivision, an Official
Plan Amendment, and a Zoning By-law Amendment for the lands to be developed with
a residential subdivision with up to 3642 dwelling units, a large three -hectare
Neighbourhood Park and three Urban Greens, two school blocks, two mixed-use blocks,
five multiple dwelling blacks, two storm water management ponds, as well as open
space, walkway, and road widenings blocks.
Page 74 of 336
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee — August 8, 2022
Page 75 of 336
APPENDIX 3 Minutes of the Meeting of City Council —August 22, 2022
Page 76 of 336
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PROPOSED BY — LAW
2022
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended and By-
law 2019-051, as amended, known as the Zoning By-laws for
the City of Kitchener — Kitchener Green 2 Developments Inc.,
Kitchener Green Development Inc., 2079546 Ontario Limited,
and Kitchener Green 3 Developments Inc.
WHEREAS it is deemed expedient to amend By-law 85-1 and By-law 2019-051 for
the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Schedule Numbers 27, 28, 50, 51, 63 and 64 of Appendix "A" to By-law Number 85-
1 are hereby amended by removing the zoning applicable to the parcels of land
specified and illustrated as Areas 1 to 17 on Map No. 1, in the City of Kitchener,
attached hereto.
2. Zoning Grid Schedules 27, 28, 50, 51, 63 and 64 of Appendix "A" to By-law Number
2019-051 are hereby amended by adding thereto the lands specified and illustrated
as Areas 1-17 on Map No. 1, in the City of Kitchener, attached hereto.
3. Zoning Grid Schedules 27, 28, 50, 51, 63 and 64 of Appendix "A" to By -Law
Number 2019-051 are hereby amended by changing the zoning applicable to the
parcels of land specified and illustrated as Area 1 on Map No. 1, in the City of
Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision
69U in Zoning By-law 85-1 to Low Rise Residential Five Zone (RES -5) with Site
Specific Provision (343).
4. Zoning Grid Schedules 27, 28 and 50 of Appendix "A" to By -Law Number 2019-
051 are hereby amended by changing the zoning applicable to the parcel of land
Page 78 of 336
specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) with Special Use Provision 69U in Zoning By-
law 85-1 to Medium Rise Residential Six Zone (RES -6) with Site Specific Provision
(344).
5. Zoning Grid Schedules 27, 28 and 50 of Appendix "A" to By -Law Number 2019-
051 are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) with Special Use Provision 69U in Zoning By-
law 85-1 to Mixed Use One Zone (MIX -1) with Site Specific Provision (345).
6. Zoning Grid Schedules 50 and 51 of Appendix "A" to By -Law Number 2019-051
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) with Special Use Provision 69U in Zoning By-
law 85-1 to Neighbourhood Institutional (INS -1) with Site Specific Provision (346).
7. Zoning Grid Schedules 27, 28, 50 and 51 of Appendix "A" to By -Law Number 2019-
051 are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 5 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) with Special Use Provision 69U in Zoning By-
law 85-1 to Open Space: Recreation Zone (OSR-1).
8. Zoning Grid Schedules 50 and 51 of Appendix "A" to By -Law Number 2019-051
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 6 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) with Special Use Provision 69U in Zoning By-
law 85-1 to Open Space: Stormwater Management Zone (OSR-3) with Site
Specific Provision (347).
9. Zoning Grid Schedules 50 and 64 of Appendix "A" to By -Law Number 2019-051
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached
Page 79 of 336
hereto, from Agricultural Zone (A-1) with Special Use Provision 69U in Zoning By-
law 85-1 to Open Space: Stormwater Management (OSR-3).
10. Zoning Grid Schedules 63 and 64 of Appendix "A" to By -Law Number 2019-051
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 8 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) with Special Use Provision 69U in Zoning By-
law 85-1 to Natural Heritage Conservation (NHC).
11. Zoning Grid Schedule 50 of Appendix "A" to By -Law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 70U in Zoning By-law 85-1 to
Open Space: Stormwater Management (OSR-3).
12. Zoning Grid Schedules 50 and 64 of Appendix "A" to By -Law Number 2019-051
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 10 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) with Special Use Provision 70U in Zoning By-
law 85-1 to Low Rise Residential Five Zone (RES -5) with Site Specific Provision
(343).
13. Zoning Grid Schedule 63 of Appendix "A" to By -Law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 11 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) in Zoning By-law 85-1 to Open Space: Recreation Zone
(OSR-1).
14. Zoning Grid Schedules 51 and 64 of Appendix "A" to By -Law Number 2019-051
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 12 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) in Zoning By-law 85-1 to Open Space:
Stormwater Management (OSR-3).
Page 80 of 336
15. Zoning Grid Schedule 51 of Appendix "A" to By -Law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 13 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) in Zoning By-law 85-1 to Natural Heritage Conservation
(NHC).
16. Zoning Grid Schedule 50 of Appendix "A" to By -Law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 14 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 70U in Zoning By-law 85-1 to
Open Space: Recreation (OSR-1).
17. Zoning Grid Schedule 50 of Appendix "A" to By -Law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 15 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 70U in Zoning By-law 85-1 to
Medium Rise Residential Six Zone (RES -6) with Site Specific Provision (344).
18. Zoning Grid Schedules 63 and 64 of Appendix "A" to By -Law Number 2019-051
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 16 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) in Zoning By-law 85-1 to Low Rise Residential
Five Zone (RES -5) with Site Specific Provision (343).
19. Zoning Grid Schedules 28 and 50 of Appendix "A" to By -Law Number 2019-051
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 17 on Map No. 1, in the City of Kitchener, attached
hereto, from Agricultural Zone (A-1) with Special Use Provision 69U in Zoning By-
law 85-1 to Neighbourhood Institutional (INS -1) with Site Specific Provision (349).
20. Section 19 of By-law 2019-051 is hereby amended by adding Site Specific
Provision (343) thereto as follows:
"(343). Notwithstanding Section 4 and Section 7 of the By-law within the lands
zoned Low Rise Residential Five Zone (RES -5) and shown as Areas 1, 10,
Page 81 of 336
and 16 and being affected by this subsection on Zoning Grid Schedules 27,
28, 50, 51, 63 and 64 of Appendix `A', the following special regulations shall
apply:
i) In addition to the permitted uses listed in Table 7-1, the following
uses shall also be permitted:
Dwelling, Back -to -Back Townhouse
Dwelling, Through Lot Townhouse
Dwelling, Live -Work Townhouse
ii) For lands subject to this regulation:
"Dwelling, Through Lot Townhouse" means a Townhouse dwelling
unit bounded by streets on two opposite sides, with one street being
the front lot line and the opposite street being the rear lot line.
"Dwelling, Live -Work Townhouse" means a Townhouse dwelling
unit with dedicated non-residential ground floor uses.
"Bay/Boxout Window Projections" means a building projection with
windows and/or door, with or without a foundation.
iii) Stairs and access ramp may be permitted in the front yard or
exterior side yard provided the minimum setback to the stair and
access ramp encroachment is 0.6 metres from the street line.
iv) Terraces, porches, balconies and decks may be located within a
required front yard or exterior side yard, provided the terrace, porch
or deck is set back a minimum of 2.0 metres from the front lot line
and a minimum of 1.5 meters from the side yard lot line abutting a
street, whether covered or not covered, and provided they are not
enclosed and do not exceed 1.2 meters in height above finished
grade level.
V) Covered porches that are open on the first floor with or without
railings and with or without living space above may encroach into
the driveway visibility triangle to a maximum of 2.5 metres.
Page 82 of 336
vi) On a corner lot, an access driveway shall not be located closer than
4.5 metres to the intersection of street lines abutting the lot and shall
permit the parking of motor vehicles, except that an access drive
shall be located no closer than 7.0 metres to the intersection of
street lines for corner lots with frontage on a Major Community
Collector Street (Rosenberg Way).
vii) "Bay/Boxout Window Projections" may encroach a maximum of 1.0
metre into a required front yard, exterior side yard and/or rear yard,
provided that the building projection is not more than 4.0 metres
wide.
viii) The following regulations shall apply for Single Detached Dwelling
and Duplex Dwellings:
a. The minimum corner lot width shall be 12.0 metres.
b. The minimum exterior side yard shall be 3.0 metres.
c. The minimum front yard shall be 3.5 metres.
d. The minimum rear yard shall be 7.0 metres.
e. The minimum side yard shall be 0.6 metres on one side and 1.2
metres on the other.
f. Porches may encroach into the side yard provided the minimum
setback to side lot line is 0.6 metres.
g. The maximum building height shall be 12.5 metres.
h. The maximum lot coverage shall be a total of 60 percent, of
which the habitable portion of the dwelling units shall not exceed
55 percent and the accessory buildings or structures, whether
attached or detached, shall not exceed 15 percent.
ix) The following regulations shall apply for Semi -Detached Dwellings:
a. The minimum exterior side yard shall be 3.0 metres.
b. The minimum front yard shall be 3.5 metres.
c. The minimum rear yard shall be 7.0 metres.
d. The maximum building height shall be 12.5 meters.
Page 83 of 336
e. The maximum gross lot coverage shall be 65 percent, of which
the habitable portion of the dwelling unit shall not exceed 55
percent and the accessory buildings or structures, whether
attached or detached, shall not exceed 15 percent.
X) The following regulations shall apply for Street Townhouse
Dwellings, Back -to -Back Dwellings and Through Lot Townhouse
Dwellings
a. The minimum corner lot width shall be 9.0 metres.
b. The minimum exterior side yard shall be 3.0 metres.
c. The minimum front yard shall be of 3.5 metres.
d. The minimum interior side yard shall be 0.6 metres.
e. The minimum rear yard shall be 7.0 metres for each townhouse
dwelling.
f. The minimum rear yard on a through lot townhouse (not
applicable for Back -to -Back Townhouse Dwellings) shall be 3.0
metres except no part of any building used to accommodate a
required parking space shall be located closer than 6.0 metres
to the street line.
g. The maximum building height shall be 15.0 meters and 3
storeys.
h. The maximum lot coverage for Townhouse Dwellings shall be
65 percent, of which the habitable portion of the dwelling unit
shall not exceed 55 percent and the accessory buildings or
structures, whether attached or detached, shall not exceed 15
percent.
i. There shall be no maximum lot coverage for a Back -to -Back
Townhouse Dwelling and Through Lot Townhouse Dwellings.
j. The minimum lot area for a Back -to -Back Townhouse Dwelling
and Through Lot Townhouse dwelling shall be 80 square
metres.
k. The minimum outdoor amenity area on a Back -to -Back
Townhouse and Through Lot Townhouse shall be a minimum
Page 84 of 336
of 6.0 square metres per dwelling unit and be provided by an
outdoor deck or balcony attached to the dwelling unit.
I. On a Through Lot Townhouse Dwelling and Townhouse
Dwelling the driveway and garage maximum width shall not
apply on end units.
m. The maximum number of attached units for Townhouse
Dwellings and Through Lot Townhouse Dwelling shall be 8
units; and the maximum number of attached units for a Back -to -
Back Townhouse Dwelling shall be 16 units."
21. Section 19 of By-law 2019-051 is hereby amended by adding Site Specific
Provision (344) thereto as follows:
"(344). Notwithstanding Section 4 and Section 7 of the By-law within the lands
zoned Medium Rise Residential Six Zone (RES -6) and shown as Areas 2
and 15 and being affected by this subsection on Zoning Grid Schedules 27,
28 and 50 of Appendix `A', the following special regulations shall apply:
i) Stairs and access ramp may be permitted in the front yard or
exterior side yard provided the minimum setback to the stair and
access ramp encroachment is 0.6 metres from the street line.
ii) Terraces, porches, balconies and decks may be located within a
required front yard or exterior side yard, provided the terrace, porch
or deck is set back a minimum of 2.0 metres from the front lot line
and a minimum of 1.5 meters from the side yard lot line abutting a
street, whether covered or not covered, and provided they are not
enclosed and do not exceed 1.2 metres in height above finished
grade level.
iii) Covered porches that are open on the first floor with or without
railings and with or without living space above may encroach into
the driveway visibility triangle to a maximum of 2.5 metres.
Page 85 of 336
iv) On a corner lot, an access driveway shall not be located closer than
4.5 metres to the intersection of street lines abutting the lot and shall
permit the parking of motor vehicles, except that an access drive
shall be located no closer than 7.0 metres to the intersection of
street lines for corner lots with frontage on a Major Community
Collector Street (Rosenberg Way).
V) "Bay/Boxout Window Projections" may encroach a maximum of 1.0
metre into a required front yard, exterior side yard and/or rear yard,
provided that the building projection is not more than 4.0 metres
wide.
vi) For Cluster Townhouse Dwellings:
a. The minimum setback to any street line shall be 3.0 metres.
b. The maximum setback to any street line shall be 4.5 metres.
c. The minimum side yard and rear yard setback of 3.0 metres.
d. The minimum landscaped area shall be 15%.
e. The minimum floor space ratio of 0.5.
vii) For Multiple Dwelling and Non -Residential Uses:
a. The minimum setback to any street line shall be 3.0 metres.
b. The maximum setback to any street line shall be 4.5 metres.
c. The minimum side yard and rear yard setback of 3.0 metres.
d. The minimum landscaped area shall be 15%.
e. The minimum Floor Space Ratio shall be 0.5.
f. An exclusive use Private Patio Area shall not be required
adjacent to each dwelling unit located at ground floor level.
g. The minimum off-street parking shall be 1.0 space per dwelling
unit.
h. The minimum off-street visitor parking shall be 0.1 spaces per
dwelling unit."
Page 86 of 336
22. Section 19 of By-law 2019-051 is hereby amended by adding Site Specific
Provision (345) thereto as follows:
"(345). Notwithstanding Section 4 and Section 8 of the By-law within the lands
zoned Mixed Use One Zone (MIX -1) and shown as Area 3 and being
affected by this subsection on Zoning Grid Schedules 27, 28 and 50 of
Appendix `A', the following special regulations shall apply:
i) For Cluster Townhouse Dwelling and Multiple Dwellings:
a. The minimum setback to any street line shall be 3.0 metres.
b. The maximum setback to any street line shall be 4.5 metres.
c. The minimum interior side yard and rear yard setback of 3.0
metres.
d. The minimum landscaped area shall be 15%.
e. The minimum floor space ratio of 0.5.
i. The minimum off-street parking shall be 1.0 space per dwelling
unit.
j. The minimum off-street visitor parking shall be 0.1 spaces per
dwelling unit.
k. Dwelling unit(s) and accessory residential uses, except for
access, shall not be permitted on the ground floor.
I. A street line fagade on all floors, except the ground floor, shall
be permitted.
m. The minimum setback abutting a residential zone shall be 3.0
metres.
n. The Maximum building height shall be 16.5 metres.
o. Patios, Terraces, Porches, Balconies and Decks may be
located within a required front yard, rear yard, side yard and/or
exterior side yard provided they are set back 0.6 metres from
the lot line.
p. Stairs and access ramp may be permitted in the front yard or
exteriorside yard provided the minimum setback to the stair and
access ramp encroachment is 0.6 metres from the street line.
Page 87 of 336
q. On a corner lot, an access driveway shall not be located closer
than 4.5 metres to the intersection of street lines abutting the lot
and shall permit the parking of motor vehicles, except that an
access drive shall be located no closer than 7.0 metres to the
intersection of street lines for corner lots with frontage on a
Major Community Collector Street (Rosenberg Way).
r. "Bay/Boxout Window Projections" may encroach a maximum of
1.0 metre into a required front yard, exterior side yard and/or
rear yard, provided that the building projection is not more than
4.0 metres wide."
23. Section 19 of By-law 2019-051 is hereby amended by adding Site Specific
Provision (346) thereto as follows:
"(346) Notwithstanding Section 11 of the By-law within the lands zoned INS -1 and
shown as Area 4 and being affected by this subsection on Zoning Grid
Schedules 50 and 51 of Appendix `A', the following special regulations shall
apply:
i) No maximum gross floor area shall apply for a Secondary School
use."
24. Section 19 of By-law 2019-051 is hereby amended by adding Site Specific
Provision (347) thereto as follows:
"(347) Notwithstanding Section 15 of the By-law within the lands zoned OSR-3
and shown as Area 6 and being affected by this subsection on Zoning Grid
Schedules 50 and 51 of Appendix `A', the following special regulations shall
apply:
i) In addition to the permitted uses listed in Table 15-1, the following
uses shall also be permitted:
Outdoor Active Recreation an accessory use to an adjacent
Elementary School or Secondary School use."
Page 88 of 336
25. Section 19 of By-law 2019-051 is hereby amended by adding Site Specific
Provision (349) thereto as follows:
"(349) Notwithstanding Section 11 of the By-law within the lands zoned INS -1 and
shown as Area 17 and being affected by this subsection on Zoning Grid
Schedules 28 and 50 of Appendix `A', the following special regulations shall
apply:
i) No maximum gross floor area shall apply for a Secondary School
use.
ii) In addition to the list of permitted uses in Table 11-1, the following
uses shall also be permitted.
Dwelling, Cluster Townhouse
Dwelling, Multiple
iii) For Cluster Townhouse Dwellings:
a. The minimum setback to any street line shall be 3.0 metres.
b. The maximum setback to any street line shall be 4.5 metres.
C. The minimum side yard and rear yard setback of 3.0 metres.
d. The minimum landscaped area shall be 15%.
e. The minimum floor space ratio of 0.5.
iv) For Multiple Dwelling and Non -Residential Uses:
a. The minimum setback to any street line shall be 3.0 metres.
b. The maximum setback to any street line shall be 4.5 metres.
C. The minimum side yard and rear yard setback of 3.0 metres.
d. The minimum landscaped area shall be 15%.
e. The minimum Floor Space Ratio shall be 0.5.
f. An exclusive use Private Patio Area shall not be required
adjacent to each dwelling unit located at ground floor level.
g. The minimum off-street parking shall be 1.0 space per
dwelling unit.
h. The minimum off-street visitor parking shall be 0.1 spaces
per dwelling unit."
Page 89 of 336
26. This By-law shall become effective only if Official Plan Amendment No.
(Mattamy - Kitchener Green) comes into effect, pursuant to Section 24(2) of The
Planning Act, R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of
.2022
Mayor
Clerk
Page 90 of 336
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NOTICE OF PUBLIC MEETING
fora development in your neighbourhood
1801-1873 Bleams Road
Itm
Plan of Subdivision
3642
Dwelling
Units
3 Hectare
Neighbourhood
Park
Mixed
Use
Community
I IT(',HENE
Have Your Voice Heard!
Date: August 8, 2022
Time: 7:00 p.m.
Location: Council Chambers,
Kitchener City Hall
200 King Street Fest
rVirtual Zoom Meeting
To view the staff report, agenda,
find meeting details or to
appear as a delegation, visit:
kitchener.ca/meetings
To learn more about this project,
including information on your
appeal rights, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Garett Stevenson,
Manager of Development Review
519.741.2200 x 7070
garett.stevenson@ kitchener.ca
The City of Kitchener has received an application for a Plan of Subdivision, an Official
Plan Amendment, and a Zoning By-law Amendment for the lands to be developed with
a residential subdivision with up to 3642 dwelling units, a large three -hectare
Neighbourhood Park and three Urban Greens, two school blocks, two mixed-use blocks,
five multiple dwelling blocks, two storm water managWient pio�n�s, q 1 11 as open
space, walkway, and road widenings blocks. I-' g
ti`rct:R
.., Internal memo
�
Development Services Department
Date: December 27, 2018
To: Garett Stevenson, Planner
From: Brandon Sloan, Manager of Long Range Planning & Policy Planning
Dayna Edwards, Senior Planner (Urban Design)
Subject: Draft Plan of Subdivision 30T-18201
Official Plan Amendment OP 18/005&006/B/GS
Zoning By-law Amendment ZC/006&007/B/GS
Bleams Road and Gehl Place
Kitchener Green Ltd. & 2079546 Ontario Inc.
www.kitchener.ca
The Long Range and Policy Planning Section has received the circulation of a Draft Plan of
Subdivision, Official Plan Amendment and Zoning By-law Amendment Applications for the
development of the subject lands within the west side of the Rosenberg Secondary Plan for a
range of land use and dwelling types. We provide the following comments for your consideration.
Planning Policy and Kitchener Official Plan
The synopsis and assessment of Planning Policy provided in section 5 of the Planning Report,
prepared by SGL is quite helpful to address consistency and conformity. Policy staff are currently
reviewing the items in more detail and would appreciate any comments that Regional planning
staff and the file planner have in this regard.
Proposed Official Plan Amendments #1 and #2
This includes the more recent addition to the City Urban Area through the Region of Waterloo
Official Plan process. The new area requires amendments to base maps in the Official Plan (Maps
2, 3 and possibly others) and each of the Secondary Plan maps. Policy staff are currently
reviewing the items identified in the application, specifically Section 3.4 and Appendix A of the
Planning Report in more detail and will provide additional comments under separate cover.
Assistance can be provided with respect to the detailed wording of the formal Amendment(s)
when preparing them for Council consideration.
Rosenberg Secondary Plan
Planning Policy staff appreciate that the Planning Report addresses conformity with the various
elements of the Secondary Plan. On cursory review, it would appear that the major topic elements
are included within the analysis which is satisfactory to achieve the terms of the study for our
review. Policy staff are currently reviewing the items in more detail and will provide additional
comments under separate cover. Some initial comments include:
Map 22a should be updated to reflect the proposed slight revision to the 5 -min
neighbourhood walk. The proposal could be an improvement from the original plan and
has the potential to create a good sense of place and community gathering spaces
We appreciate that the Urban Greens are proposed in roughly the locations indicated on
the Community Structure Plan
Bleams/Isaiah Dr is a Neighbourhood Gateway and Isaiah Dr and Rosenberg Way are
both Priority Streets. As such, they would have some urban design attention and emphasis
to enhance sense of place and walkability, typically via conditions of approval and a
Streetscape Plan. Zoning details may need to be considered along those locations as well.
Page 93 of 336
Internal memo
Development Services Department
www.kitchener.ca
There is the potential for a great Type 1 Multi -Use Pathway network and its connection
with Rosenberg Way. Further details should be considered for design and implementation
via appropriate staff and conditions of approval.
Several amendments would be required for the Land Use Plan. A Neighbourhood
Institutional site should be identified (in addition to the one school site).
The details of the proposed changes to the water management area(s) and SWM facilities
will need to be confirmed prior to be reflected on the Land Use Plan and Map 22f.
Density
The location is within the uncommitted portion of the City's Designated Greenfield Area. The lands
that are currently within the Rosenberg Secondary Plan were collectively planned to achieve 74
persons and jobs per hectare based on the approved land use plan and in effect methodology at
the time. The portion of lands within that plan would need to be compared to the approved land
use and any adjustments made. The implementing zoning would help ensure that the blocks and
area is planned to help achieve the overall density. The new lands are not part of an approved
Secondary Plan and may require consideration of the new Growth Plan (2017) targets. These
have not been allocated at the regional/city scale at this time.
Policy staff are currently reviewing the items in more detail, specifically section 3.2 of the Planning
Report, and will provide additional comments under separate cover. Additional input from
Regional staff and discussion with the file planner and applicant may be required.
Kitchener Growth Management Plan
The subject locations are identified as 'Priority B' within the Kitchener Growth Management Plan
2017-2019 (IDs # 1133-136). These applications would help towards the completion of the
Rosenberg community. We appreciate the efforts of the applicant to work with City staff on the
appropriate timing of these lands within the overall Kitchener program for managing growth and
staff resource priorities. Pending the detailed review of the applications, issue resolution, and
any competing 'Priority A' items, it would be appropriate to move forward with the file in 2019.
New Zoning By-law (CRoZBy)
The City's Comprehensive Review of the Zoning By-law (CRoZBy) project is well underway to
update the By-law and implement the new Official Plan. A Statutory Public Meeting was held in
2018 for the non-residential sections and a draft was released of the residential sections. It is
expected that Council will make a decision on these in 2019. Should that occur prior to these
applications being considered, the new zoning codes/types could be utilized for this location and
modified as appropriate for the context.
U rl` a ii CJKS
Urban design policies are intended to address the visual character, aesthetics and compatibility
of land use including heritage features. The objective of Urban Design policies is to create a sense
of place, pedestrian friendly street networks and streetscapes and access to public transit and
public amenities, such as parks and open spaces.
Part B: Urban Design Briefs — Sections 4.2, 6 and 7 of the Urban Design Manual provides design
and development expectations for new development located in suburban neighbourhoods.
Page 94 of 336
`- Internal memo
Development Services Department
www.kitchener.ca
The following urban design comments pertain the information contained within the Urban Design
Report and the community masterplan as presented:
• Development located along Bleams Road should address both Bleams Road and the
internal streets in terms of variation and excellence in building
design, materials, style and
colour.
• The mixed use blocks along Isiah Drive should have ground
oriented retail addressing the
pedestrian realm with a high quality streetscape design.
• Some lots are not proposed to front on Rosenberg Way.
Corner lots should focus their primary frontage towards
- •
-
the higher order street. All corner lots should treat both
the side and front facades and highly articulated and well -
design primary frontages.
tt
• To increase vehicular and pedestrian connect and to have
lots fronting on the open space, a roadway should be
r
extended across the frontage of the open space shown
below:
• Rosenberg Way and Isiah Drive are both identified as
`
priority streets in the Secondary Plan. A streetscape plan
for these streets should be provided as a condition of
-
approval.
• Mid -block connections should be employed through longer block particularly where
alignment with open space occurs.
The following urban design policies are provided for future reference when proceeding with
detailed de ign:
• Buildings at priority lot locations such as gateways, along major roads, corner sites,
heritage areas, park views or at terminating vistas should be designed as landmarks,
with architectural innovation and quality urban design that reflects the community
character.
• Variation and excellence in building design, including architectural features, building
materials, style, colour and other individual design elements, will be expected for each
block of land and will be reviewed through development applications and building
elevations.
Where possible, corner lots shall have their primary frontage oriented towards the
higher -order street.
A mix of lot frontage along all street blocks will be encouraged. Small lot frontages are
best located in close proximity to neighbourhood park spaces. Long blocks of similar lot
frontages and/or concentrations of small lot frontages in any area of the Rosenberg
Community will be discouraged.
• The use of public and/or private rear lanes should be considered in order to meet
planning objectives for streetscape, built form, on -street parking and reduce conflicts
between multi -use pathways, driveways and transit.
Page 95 of 336
I
I iac, :R Internal memo
Development Services Department
www.kitchener.ca
Sustainability Measures
The applicant should strive to incorporate transportation demand management, energy, water
and waste conservation measures along with other sustainable development elements within the
new subdivision area. Policy staff are reviewing the applicable section of the Planning Report
(page 57) and will provide more detailed comments under separate cover for this topic and any
potential conditions of approval.
Conditions of Approval
Following more detailed review and discussion, any further recommendations and potential
conditions of approval can be provided to the file planner.
Please let us know if you have any questions pertaining to these comments.
Brandon Sloan, BES, MCIP, RPP
Manager, Long Range & Policy Planning
P: 519-741-2200 ext. 7648
E: brandon.sloan@-kitchener.ca
Dauwa edwarots
Dayna Edwards, M.PL, MCIP, RPP
Senior Planner (Urban Design)
P: 519-741-2200 ext. 7324
E: dayna.edwardsA-kitchener.ca
Page 96 of 336
Internal memo
Development Services Department
Date:
November 2, 2018
To:
Garett Stevenson, Planner
From:
Victoria Grohn, Heritage Planner
cc:
Subject:
Draft Plan of Subdivision Application 30T-18202
Official Plan Amendment Application OP18/006/G/GS
Zoning By-law Amendment ZBA18/007/G/GS
161 Gehl Place "Application 2"
Kitchener Green Ltd. & 2079546 Ontario Inc.
www.kitchener.ca
Heritage Planning staff have reviewed the supporting information relating to the draft plan of subdivision,
official plan amendment, and zone change applications for 161 Gehl Place.
The subject property is not listed or designated under the Ontario Heritage Act. The subject property, 161
Gehl Place, is located adjacent to 236 Gehl Place, which is listed as a non -designated property of cultural
heritage value or interest on the City's Municipal Heritage Register.
Section 2 of the Planning Act indicates that Council shall have regard to matters of Provincial interest
such as the conservation of features of significant architectural, cultural, historical, archaeological or
scientific interest. In addition, Section 3 of the Planning Act requires that decisions of Council shall be
consistent with the Provincial Policy Statement (PPS).
Section 2.6 of the PPS indicates that "significant built heritage resources and significant cultural heritage
landscapes shall be conserved."
At the June 12, 2017 Pre -Submission Consultation meeting, Heritage Planning staff requested
clarification as to how access to the cultural heritage resource at 236 Gehl Place would be maintained in
both the short- and long-term, given that appropriate access is important to ensure a range of
conservation options are available for the cultural heritage resource at 236 Gehl Place. It does not appear
that this has been addressed in the draft plan or Planning Report submitted as part of this application.
Heritage Planning staff request that the access to 236 Gehl Place be addressed.
Page 97 of 336
Garett Stevenson
From: Faranak Hosseini
Sent: Monday, November 5, 2018 4:20 PM
To: Garett Stevenson
Subject: Draft Plan of Subdivision Application 30T-18201 - Transportation Services Comments
Hi Garret,
Please find below the Transportation Services comments regarding the Draft Plan of Subdivision Application 30T-18201.
1. Traffic circles should be provided at the intersections of George Israel Street and Rosenberg Way, and Street L
and Rosenberg Way.
2. Bike lanes should be provided on Rosenberg Way and Isiah Drive.
3. A traffic circle or a raised all -way stop controlled intersection should be provided at the intersection of
Rosenberg Way and Isaiah Drive. Further discussions with the School Board is required to determine the control
type at this intersection.
Please let me know if you have any questions.
Regards,
Faranak Hosseini, E.I.T., M.A.Sc.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext 7665 (o) I TTY 1-866-969-9994 1 faranak.hosseinic kitchener.ca
Page 98 of 336
Garett Stevenson
From: Faranak Hosseini
Sent: Wednesday, November 7, 2018 10:46 AM
To: Garett Stevenson
Subject: RE: Draft Plan of Subdivision Application 30T-18201 - Transportation Services
Comments
Hi Garett,
Please find below my revised comments.
1. Traffic circles should be provided at the intersections of George Israel Street and Rosenberg Way, and Street L
and Rosenberg Way.
2. Bike lanes should be provided on Rosenberg Way and Isiah Drive.
3. A traffic circle or a raised all -way stop controlled intersection should be provided at the intersection of
Rosenberg Way and Isaiah Drive. Further discussions with the School Board is required to determine the control
type at this intersection.
4. An on -street parking plan is required.
5. Special zoning regulations comments: Please see my comments in red below.
Porches
Stairs and access ramps may encroach into a required front yard or side yard abutting a street, provided
the minimum setback to the encroachment is 1.0 metres from the street line.
Any porch is located in a driveway visibility triangle, the porch shall not exceed 0.9 metres in height above
finished grade, and railings shall be constructed in a manner and of materials that do not obstruct visibility.
- On a corner lot, an access driveway shall not be located closer than 6.0 metres for corner lots with
frontage on a Major Community Collector Street, Local Street, or Minor Neighbourhood Collector Street.
On a corner lot, an access driveway shall not be located closer than 7.0 metres for corner lots with frontage on
a Major Community Collector Street or Minor Neighbourhood Collector Street.
Single Detached and Duplex Dwelling
- Minimum Front Yard Setback — 3.5 metres, except no part of any building used to accommodate off-
street parking shall be located closer than 5.7 metres to a street line.
No part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to a street
line.
Semi -Detached Dwelling:
- Minimum Front Yard and Minimum Side Yard Abutting a Street — 3.0 metres, except no part of any
building used to accommodate off-street parking shall be located closer than 5.7 metres to the street line.
No part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to a street
line.
Street -Fronting Townhouse Dwelling
Minimum Front Yard Setback — 3.5 metres, except no part of any building used to accommodate off-
street parking shall be located closer than 5.7 metres to a street line.
- Minimum Side Yard Abutting a Street — 3.0 metres, except no part of any building used to accommodate
off-street parking shall be located closer than 5.7 metres to a street line, where an access driveway
crosses the side lot line and leads to the space inside the garage.
Page 99 of 336
No part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to a street
line.
Multiple Dwellings
Parking shall be provided at a rate of 1.25 spaces per unit
Off-street parking may not be located between any building fagade and the streetline
A parking justification study is required.
For Garage Townhouse Dwelling (rear lane/road access with frontage on a street)
Minimum Rear Yard - 2.0 metres, except no part of any building used to accommodate off-street parking
shall be located closer than 5.7 metres to the rear lot line
Minimum access to driveway on corner lot at local street — 4.5 metres
No part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to the
rear lot line.
For Back -to -Back Townhouse Dwelling
Minimum Front Yard — 2.0 - 3.0 metres, except no part of any building used to accommodate off-street
parking shall be located closer than 5.7 metres to the front lot line.
No part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to the
front lot line.
Please let me know if you have any questions.
Regards,
Faranak Hosseini, E.I.T., M.A.Sc.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext 7665 (o) I TTY 1-866-969-9994 1 faranak.hosseiniCa)kitchener.ca
From: Garett Stevenson
Sent: Monday, November 05, 2018 4:35 PM
To: Faranak Hosseini <Faranak.Hosseini@kitchener.ca>
Subject: RE: Draft Plan of Subdivision Application 30T-18201 - Transportation Services Comments
Hi Faranak,
Do you have any comments on the proposed new configuration of Rosenberg Way?
Any Transportation comments on the proposed special zoning regulation proposed?
Porches
- Stairs and access ramps may encroach into a required front yard or side yard abutting a street, provided
the minimum setback to the encroachment is 1.0 metres from the street line.
- Any porch is located in a driveway visibility triangle, the porch shall not exceed 0.9 metres in height above
finished grade, and railings shall be constructed in a manner and of materials that do not obstruct visibility.
Page 100 of 336
Faranak Hosseini, E.I.T., M.A.Sc.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext 7665 (o) I TTY 1-866-969-9994 1 faranak.hosseiniCd)kitchener.ca
Page 101 of 336
Internal memo
Development Services Department www.kitchener.ca
Date:
May 23, 2019
To:
Garett Stevenson
From
Jason BrOI6
cc:
Linda Cooper
Subject: Draft Plan of Subdivision Applications 30T-18201 & 30T-18202
Zone Change Applications ZBA18/006/B/GS & ZBA18/007/G/GS
Official Plan Amendment Applications OP18/005/B/GS & OP18/006/G/GS
Owner: Mattamy Development Corporation
Site Address: 1801 & 1873 Bleams Road and 161 Gehl Place
Prior to Draft ARRMy :
1 Temporary turning circles need to be contained wholly within the stage of the subdivision
in which they are servicing (can't be located in an adjacent future stage) and further to
that they must also be within the same subdivision. Please revise the draft plans to
show the temp turning circles for stage 6 of 30T-18201 wholly contained within 30T-
18201.
2 The southerly limit of Street X in draft plan 30T-18201 and continuing into draft plan 30T-
18202 indicates that the road right-of-way (including the traveled portion of the road) is
within the 30m setback from the wetland. This should be revised so that the right-of-way
is outside the wetland setback.
3. Coordination needs to be achieved between "Street M" in 30T-18201 and "Stamson
Street" in 30T-14201 for servicing and overland flow routing.
4 Note that the City of Kitchener's Infiltration value for sanitary sewers is 0.15L/s/ha and
not the 0.25L/s/ha as identified on the design sheet. Please revise for detailed
engineering submission post draft approval.
Conditions of Draft Plan Approval:
Prior to Grading:
The SUBDIVIDER agrees that prior to grading, servicing or registration, of all or any part of
the plan of subdivision or the conveyance of easements to extend sanitary and/or storm
sewers through the subdivision, that the SUBDIVIDER shall complete a Record of Site
Condition (RSC) for all the lands in accordance with Ontario Regulation 153/04 and the
RSC shall be acknowledged by the Ministry of the Environment, Conservation and Parks
(MECP). Prior to submitting the RSC and the commencement of area grading for the
subdivision; site alteration, materials management, filling and preliminary grading will be
permitted provided these activities comply with a materials management plan to be
approved by the Region's Commissioner of Planning, Development and Legislative
Services and a preliminary grading plan to be approved by the CITY'S Director of
Engineering Services in consultation with the Ministry of Natural Resources and Forestry
Page 102 of 336
Internal memo
Development Services Department
l
K I
www.kitchener.ca
(MNR&F) or any Provincial success or thereof. The SUBDIVIDER further agrees the
preliminary grading plan and implementation of same will ensure drainage through lands to
the east does not exceed pre -development drainage flows
2 The SUBDIVIDER agrees to implement the Erosion Threshold Analysis and specifically
Model 4 prepared by Stantec Inc. dated April 7, 2015 including implementation of the
unitary release rate of 1.1 litres per second per hectare which is assigned to Area 2 and 3
of the Rosenberg Secondary Planning Area on a proportionate gross area basis, to the
satisfaction of the CITY'S Director of Engineering Services in consultation with the GRCA.
The SUBDIVIDER agrees to implement a detailed "pre -construction" monitoring program.
The monitoring program is to be approved by the CITY'S Director of Engineering Services
in consultation with the CITY'S Director of Planning, the Grand River Conservation
Authority and the Regional Municipality of Waterloo. The "pre -construction" monitoring
program will document current groundwater infiltration conditions, and will be used to
provide baseline information to compare conditions through the "during" and "post"
construction monitoring periods.
4 The SUBDIVIDER agrees to submit, obtain approval of and implement a detailed "during
development" monitoring and response program. The program is to be approved by the
CITY'S Director of Engineering Services in consultation with the Grand River Conservation
Authority and the Regional Municipality of Waterloo. The purpose of the "during
development" monitoring program is to ensure that the groundwater infiltration measures
satisfy pre -development infiltration targets specified in the Alder Creek Watershed and
Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as well as the
South west Urban Area Study, Comprehensive Storm Water Management Strategy
Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and that Chloride Impact
assessments meet the Reasonable Use Criteria of the Alder Creek Watershed and Upper
Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as approved. The "during
development" monitoring program is to extend until 95% build out of the subdivision.
:. The SUBDIVIDER agrees to submit, obtain approval of, and implement a detailed "post
development" monitoring program in accordance with the Comprehensive Storm Water
Management Strategy Prepared by AM EC (June 22, 2011 as revised July 18, 2011) and
the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL,
2008 report as approved. The purpose of the "post development" monitoring program is to
ensure that the stormwater management facility continues to satisfy the current pre -
development conditions for infiltration and to identify any specific additional requirements
that may be necessary to monitor, including but not limited to: infiltration rates for quantity
and quality and chloride impact assessments. The "post development" monitoring program
will extend for 2 years after 95% build out of the subdivision all to the satisfaction of the
CITY'S Director of Engineering Services in consultation with the GRCA and the Regional
Municipality of Waterloo.
ei The SUBDIVIDER further agrees to implement any remedial action deemed necessary
(including additional monitoring) for 2 additional years should chloride levels exceed the
Reasonable Use Criteria of Alder Creek Watershed and Upper Strasburg Creek
Page 103 of 336
Internal memo
Development Services Department
www.kitchener.ca
Subwatershed Update CH2MHILL, 2008 report as approved, as a result of the
aforementioned monitoring program at their sole expense to the satisfaction of the CITY'S
Director of Engineering Services in consultation with the GRCA and the Regional
Municipality of Waterloo.
7. The SUBDIVIDER agrees that the Middle Strasburg Creek Flood Control Environmental
Assessment (EA) shall be completed prior to area grading and further that the
recommendations of the EA, including the construction and location of the culvert be
implemented in accordance with the EA and completed prior to area grading all to the
satisfaction of the Director of Engineering Services and the Grand River Conservation
Authority. The City is 100% responsible for the cost of these works. If sufficient money is
not allocated from the appropriate CITY Development Charge Account(s) to permit the
CITY to fund these works or the works are not a Development Charge eligible expense
and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide and up-
front the cost of these works.
Should these works become a Development Charge eligible expense, the CITY agrees
to recognize any monies paid by the SUBDIVIDER for any works or services normally
paid out of the CITY'S Development Charge Account with such monies to be refunded or
to be recognized as a credit towards any CITY Development Charge payable for each lot
or block only within the registered plan in accordance with the applicable CITY
Development Charge By-law and Policies in effect at the time the monies are paid by the
SUBDIVIDER or the works become a Development Charge eligible expense, whichever
shall be later.
If the registration of the plan is staged, a Supplementary Agreement identifying each lot
or block for which credits are payable shall be registered for each stage prior to the
registration of each stage of the plan of subdivision, until there is no outstanding balance
remaining.
When no outstanding credit balance remains, then the Development Charges will be
paid in the normal manner in accordance with the CITY'S By-law.
If, following the registration of the entire plan of subdivision and issuance of all building
permits, there is any outstanding credit balance, it shall remain with the lands to be used
as a credit for future development, or alternatively, the CITY may enter into an
agreement with the SUBDIVIDER, under Section 40 of the Development Charges Act, to
enable the transfer of Development Charge credits to other benefiting lands within the
community, subject to satisfactory arrangements being made between all parties.
8 The SUBDIVIDER agrees to coordinate grading with adjacent lands to the east to
ensure gradual transition grades between plans to the satisfaction of the Director of
Engineering Services. The SUBDIVIDER agrees to prepare a grading plan for the
subject lands that considers the current environmental and ground water constraints,
recognizes and follows the requirements as set out in the minutes of settlement from the
OMB hearing, and further the approval requirements of the City of Kitchener, GRCA,
MNR&F, and Region of Waterloo. The SUBDIVIDER is responsible to match existing
grades at the shared property line. Any changes to the grades at the shared property
line shall be subject to the satisfaction of the Director of Engineering.
Page 104 of 336
Internal memo
Development Services Department
9. Approval is required by Hydro for any work within the Hydro corridor.
}
www.kitchener.ca
10. Noise warning clauses are required on title of lots in accordance with the Preliminary
Environmental Noise Assessment, MTE Consultants Inc., July 6, 2018. Further, a final
Environmental Noise Assessment Report is required prior to grading approval.
11. Detailed Geotechnical/Hydrogeological Investigation Report must be submitted to the City
for review. This report must distinguish the suitability of soils to support the infiltration of
roof water.
Prior to Ser_vicing:
All public right-of-ways and all services shall be designed and constructed to the standards
specified in the most current City of Kitchener Standards, Development Manual, Regional
Standards and other applicable Provincial Standards to the satisfaction of the Director of
Engineering.
2. A detailed water servicing report is required to review the extent of lands that can be
serviced by municipal water distribution network. A copy of this report should be directed to
Engineering, Region of Waterloo and Utilities Division for approval.
3 Prior to Servicing or Registration which ever shall occur first, The SUBDIVIDER agrees to
retain a qualified Engineering Consultant who shall prepare a detailed engineering
design and report for stormwater management in accordance with the Comprehensive
Stormwater Management Strategy for the South West Urban Area prepared in June 2011
by AMSC, the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update
by CH2MHILL in 2008 (which accommodates a 2.0 cubic/metres/second flow from Area 2
lands, of which flow rates assigned to subdivision 30T-18201 shall be in accordance with
Table 1, Schedule C of the Minutes of Settlement dated August 17, 2015) and the City of
Kitchener Integrated Stormwater Management Master Plan (ISWM-MP) volume retention
policy (the most stringent policy will apply) to the satisfaction of the City's Director of
Engineering Services in consultation with the Director of Operations, the Region of
Waterloo and the Grand River Conservation Authority.
In addition, the SUBDIVIDER shall have landscape plans for the stormwater
management facilities prepared by a Landscape Architect to the satisfaction of the
CITY'S Director of Parks and Cemeteries and the CITY'S Director of Engineering
Services. The approved engineering design for Storm Water Management will include a
maintenance program for a period of 2 years post 95% build out of the subdivision, which
will ensure stormwater management facilities function as designed to the satisfaction of the
CITY's Director of Engineering. Any redesign and remediation required for the stormwater
management facilities to achieve their required targets shall be at the sole expense of the
SUBDIVIDER all to the satisfaction of the CITY'S Director of Engineering Services.
4 The SUBDIVIDER agrees that prior to servicing or registration, whichever shall occur
first, to submit, obtain approval of and implement a detailed groundwater and surface
Page 105 of 336
Internal memo
Development Services Department
l�Jlq'i Il �k� l�
www.kitchener.ca
water monitoring program to evaluate the performance of end of pipe infiltration facilities
(including pre -construction and post -construction phases) and to identify if the required
water balance is met (as identified in the Alder Creek Watershed Study (2007) and the
Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update —
CH2MHILL, West Urban Area prepared by AMEC (June 22, 2011 revised July 18, 2011),
to the satisfaction of the CITY'S Director of Engineering Services in consultation with the
Regional Municipality of Waterloo and the Grand River Conservation Authority. Further,
the SUBDIVIDER agrees to implement the approved monitoring program and complete
any redesign and/or remediation to achieve the required targets at the sole expense of
the SUBDIVIDER all to the satisfaction of the CITY'S Director of Engineering Services.
5 The SUBDIVIDER agrees that prior to servicing stormwater management facilities will be
designed to achieve the unitary release rate of 1.1 litres per second per gross hectare in
accordance with Model 4 of the Erosion Threshold Analysis prepared by Stantec Inc.
dated April 7, 2015, to the satisfaction of the CITY'S Director of Engineering Services in
consultation with the Grand River Conservation Authority.
G Where major overland flow routes are not on municipally owned lands, the owner must
deed to the City a minimum 6.0 m wide drainage corridor.
Lot level infiltration galleries are required to the satisfaction of the Director of
Engineering.
8 All SWM systems including infiltration requirements must meet City of Kitchener design
standards and applicable Regional, GRCA and Provincial standards. A 20% oversizing of
infiltration measures must be incorporated in the design.
9. Prior to Servicing of each stage requiring new stormwater management facilities, including
stormwater management ponds, infiltration galleries and other related appurtenances, the
SUBDIVIDER shall provide a letter of credit based on 60% of the estimated cost of the
approved infiltration facilities to the satisfaction of the CITY's Director of Engineering
Services.
The Letter of Credit will be released two years after 95% of the buildout of subdivision is
stabilized (meaning buildings are constructed and lot/blocks are sodded/vegetated) and the
SUBDIVIDER's consulting engineer has certified the infiltration facilities are functioning as
intended and approved to the satisfaction of the CITY's Director of Engineering Services.
10. The SUBDIVIDER agrees that prior to servicing the extension of the Middle Strasburg
Trunk Sanitary Sewer is required to service this plan of subdivision and shall be in
accordance with the Middle Strasburg Trunk Sewer EA or any addendum thereto to the
satisfaction of the CITY'S Director of Engineering Services. It is acknowledged that these
works, including design expenses, are included in the City's Development Charge By-law
99-106, as amended, and the City shall be responsible for 100% of the cost of these works.
11. The SUBDIVIDER agrees that prior to servicing or registration, whichever occurs first, to
provide detailed sanitary sewer design and to make arrangements satisfactory to the
Page 106 of 336
Internal memo
Development Services Department
I
K_A:,!fR
www.kitchener.ca
CITY'S Director of Engineering Services for a sanitary sewer connection to the Middle
Strasburg Trunk Sanitary Sewer. The SUBDIVIDER further agrees that where any
upgrades are required to any local sewers required to connect these lands to the trunk
sewer will be at the sole expense of the SUBDIVIDER.
Prior to Registration:
That prior to final approval, the owner enter into an agreement with the City of Kitchener
to ensure that the water balance completed to date be updated with the "as -built"
infiltration gallery data (based on suitability of soils encountered during construction) and
that this data be reported to the Region of Waterloo in the event that a ground water
deficit results and mitigation measures may be required to maintain the existing water
balance. Monitoring reports for the infiltration in the groundwater recharge areas are
required for 2 years post development of the subdivision to ensure the water balance is
being achieved.
That the SUBDIVIDER enter into an agreement with the City of Kitchener which shall be
registered on the title of lots with retaining walls immediately upon registration of the
subdivision. Said agreement shall implement the following clause with respect to the
retaining wall located on these lots and must be included in all offers of purchase/sale and
tenancy agreements:
"Purchasers/tenants are advised that a retaining wall is located on this property. The owner
of this property also owns his/her section of the retaining wall. The retaining wall is not in
public ownership. Monitoring, maintenance, inspection, repair and replacement of this
retaining wall, including any associated costs, are the sole responsibility of the property
owner. The City of Kitchener is in no way responsible for this retaining wall. Should this
retaining wall fail, it is the property owner's responsibility to repair or replace his/her section
of the wall, at his/her cost.
In addition, the zoning for this property prohibits the placement or construction of dwellings,
sheds, containers, detached garages, accessory buildings, indoor pools, outdoor pools,
and any other building or structure and storage and parking of vehicles, trailers, major
recreational equipment within the area as shown in Property Detail Schedule No. 36 of the
City's Zoning By-law. The purpose of this requirement is to maintain the integrity of the
retaining wall."
Jason Brule, C.E.T.
Interim Project Manager
SAGeneral\03-03-544 Subdivision Files\30Ts - 58M\30T-18201 & 30T-18202 Mattamy Rosenberg\Draft
Plan\Correspondence\30T-18201 and 30T-18202 Draft Plan Circulation Comments.doc
Page 107 of 336
Garett Stevenson
From:
Jason Brule <Jason.Brule@kitchener.ca>
Sent:
Monday, March 16, 2020 2:16 PM
To:
Garett Stevenson
Cc:
Chris Nechacov
Subject:
RE: Message from Jason Brule (7419)
Hi Garett,
I have been speaking with Chris from SWM (copied) about this. We are both in support of it so long as there is
an agreement in place between the City/Developer/School Board concerning it all like we spoke about last
week. We would both like to be circulated when it comes time to draft the agreement if possible.
I think that gets you to where you need to be currently? Let me know if there is anything else you need from us
in the interim.
Regards,
Jason Brule, C.E.T.
519-741-2200 ext.7419
From: Garett Stevenson <Garett.Stevenson@kitchener.ca>
Sent: Thursday, March 12, 2020 3:58 PM
To: Jason Brule <Jason.Brule @kitchener.ca>
Subject: RE: Message from Jason Brule (7419)
Hey Jason,
See attached. The track and field area for the school is proposed within the SWM facility, but would only
impacted in the event of a 100 year flood. This would be outside of the infiltration cell.
Thanks,
Garett
From: Jason Brule <Jason,Brule@kitchener.ca>
Sent: Thursday, March 12, 2020 9:04 AM
To: Garett Stevenson <Garett.Stevenson@kitchener.ca>
Subject: Message from Jason Brule (7419)
Page 108 of 336
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Page 111 of 336
Internal Memo
Infrastructure Services Department wwwA tchene .ca
Date: November 5, 2018
To: Garett Stevenson, Planner, Development Services
From: Mark Parris, Landscape Architect, Parks & Cemeteries Division
cc:
Subject: Operations Review and Comments
Subdivision: 30T-18201 & 18202
Stage: Draft Plan of Subdivision
1. APPLICATION INFORMATION
Subdivision Name
Subdivision Number(s)
Secondary Plan Name
Submission Stage
Submission Date
2. OVERALL RESPONSE
Mattamy Community
30T-18201 & 3OT-18202
Rosenberg
Draft Plan of Subdivision
October 5, 2018
Overall support of the submission TBD.
3. STANDARD SUBDIVISION CONDITIONS
These review comments intend that the Draft Plan application be made subject to all of the Standard
Conditions of Subdivision in their entirety, latest version, including the Condition requiring that the
developer meet the latest revision of the Development Manual which is updated from time to time.
Page 112 of 336
The application current exceeds the 5% maximum allowable park dedication, calculated at 5.255ha (see
Appendix A)
Conveyances:
Block No.
Block Type
Area (ha)
internal Memo
1�1' ,k i Ii . 't;
Infrastructure Services Department www.kiuhener.ra
1.43
SWT2, W4, non-core area isolated wetland
4. LAND CONVEYANCES
Park Land Dedication
Eligible:
Block No.
Block Type Area (ha) Comments
15
Park 3.10 Neighbourhood Park connected to adjacent school
(NHS)
block and SWM block
19
Walkway 0.53 Multi -use pathway corridor
20
Park 0.47 Urban Green
25
Park 0.41 Urban Green
26
Park 0.36 Urban Green
30
Park 0.51 Urban Green
TOTAL
5.38
The application current exceeds the 5% maximum allowable park dedication, calculated at 5.255ha (see
Appendix A)
Conveyances:
Block No.
Block Type
Area (ha)
Comments
18
Open Space
1.43
SWT2, W4, non-core area isolated wetland
(Secondary Plan), core environmental feature
(NHS)
21
Open Space
0.58
Wildlife corridor
22
Open Space
0.11
Natural Area buffer
23
Open Space
1.42
Portion of FOD5-2, W2 and W1
17
SWM
7.30
N/A
27
SWM
4.15
N/A
TOTAL
14.99
_
Other Lands:
Block No.
20
TOTAL
Block Type
Walkway
Area (ha) Comments
Q,Q1 N/A
4.54
Page 113 of 336
Internal Memo
I.tT;r,,,R Infrastructure Services Department www.kitchener.ca
5. CRITICAL COMMENTS
The following comments are considered critical to address prior to supporting the subdivision application
and may require special conditions within subsequent subdivision agreements.
Item Comments
Block 15 — a) SWM Report figure 4.1 indicates 4-8 meters of fill to attain park grades.
Neighbourhood Filling procedures and details must be approved by the City of Kitchener
Park prior and follow the latest Development Manual specifications (Section
L.11 as of the time of these comments). Approval of the fill must be
acquired prior to the acceptance of the park parcel
Lot Grading Plan AG1.5 shows a walkway stump along the east side of
the property adjacent to the proposed School Block.
If this is intended to be converted to an overflow location it will not be
deemed acceptable. It is critical to maintain an at -grade connection to the
school block to ensure shared use of recreational facilities.
If the intent is a walkway access to the SWM, this is supported but will be
determined during park design and Engineering submission stage.
------ --- - ---- --- - �---� - --------------------- -- - � :---- - ---------
-
Block 18 & 23 cj Between Block 18/23 W4 and the adjacent wetlands W1 is an area of----
- Open Space habitat restoration outside of the 30m setbacks. This area is identified as
(Wetland) a wildlife corridor, specifically for amphibian and turtle crossings.
The area is also identified as a potential connection point between Street
Y and the proposed walkway block south of Street T.
A revision of the EIS is required to look at the opportunity at achieving this
connection while maintaining the wildlife corridor recommendation.
..._........ __..,................................................................................... ..
Block 19 d) Walkway is within the 30m setback of W1 core environmental feature,
Walkway also identified as Jefferson Salamander habitat. This walkway block
represents a critical component of the east -west MUP connection across
the subdivision.
A revision of the EIS is required to plot and plan for the impact of the trail
within the 30m setback zone. The consultant must address the details of
the trail including grading, surface type and construction methods to
determine appropriate mitigations.
The revision of the EIS is required prior to the acceptance of the block.
e Grading noted in the corridor up to 14%. The maximum allowable grade is
5%. Grades to be revised and confirmed prior to acceptance of the block
...... . . .._.-. .
Block 20 - Park f) Approximately 30% of the park is used for a 3:1 return slope from the
adjacent property. Parks is willing to accept this preliminary grading and
as park space within the park dedication portfolio should the developer
further refine the grading plan to show access to the top of the slope.
If no access is planned, the area will be re -assigned to conveyance and
removed from consideration of the park dedication calculation.
Block 21 — g) Access from Street AD to th1. e end of Gehl Place Trail and northern extent
Open Space of wetland W5 will be required as emergency access and future trail
planning
A revision to the EIS is required to look at the oppgrtunity,@l @Oievin5l th .
Page 114 of 336
-----------------..-_...-----------------------------------------------....
connection within the 30m setback of wetland W5.
Multi -Use h) A multi -use pathway connection required per Multi -use Pathway and
Pathway Trials Masterplan (2012) to achieve the east -west corridor from Trussler to
the east end of the subdivision.
This application is missing the MUP link from Trussler to Isaiah Dr. This
can be achieved by requiring a 3.Om MUT within the Rosenburg right-of-
way from Trussler to the frontage of Block 15, and ensuring a trail
connection through the park and SWM Block 17 during park planning and
engineering submissions
- .. ....... . .......... ... ---- - .............
Proposed i) Two walkway blocks are proposed to better facilitate pedestrian
Walkway movement through the subdivision and connections to major park or
Blocks institutional nodes.
Between Streets Y and AC at the western portion of the roadways
Between Rosenberg Way and Street O, immediately south of
Block 30.
(item to be discussed with Transportation)
------------ --�� - - - - .. - -- --- ------ ----- -- - ------
Block 22 Block 22 does not serve an .y benefit to be in public owne rship at this time
Open Space and lacks any public frontage. Recommendation to retain the block in
private ownership
(item to be discussed with Environmental Planner)
Page 115 of 336
Internal Memo
I : �,
Infrastructure Services Department www.kitchener.ca
-----------------..-_...-----------------------------------------------....
connection within the 30m setback of wetland W5.
Multi -Use h) A multi -use pathway connection required per Multi -use Pathway and
Pathway Trials Masterplan (2012) to achieve the east -west corridor from Trussler to
the east end of the subdivision.
This application is missing the MUP link from Trussler to Isaiah Dr. This
can be achieved by requiring a 3.Om MUT within the Rosenburg right-of-
way from Trussler to the frontage of Block 15, and ensuring a trail
connection through the park and SWM Block 17 during park planning and
engineering submissions
- .. ....... . .......... ... ---- - .............
Proposed i) Two walkway blocks are proposed to better facilitate pedestrian
Walkway movement through the subdivision and connections to major park or
Blocks institutional nodes.
Between Streets Y and AC at the western portion of the roadways
Between Rosenberg Way and Street O, immediately south of
Block 30.
(item to be discussed with Transportation)
------------ --�� - - - - .. - -- --- ------ ----- -- - ------
Block 22 Block 22 does not serve an .y benefit to be in public owne rship at this time
Open Space and lacks any public frontage. Recommendation to retain the block in
private ownership
(item to be discussed with Environmental Planner)
Page 115 of 336
}
Internal Memo
K1T*N,ER Infrastructure Services Department www.kit(heaer.ca
6. OTHER COMMENTS
The following comments are considered important to address prior to subdivision approval but may not
impact the overall support of the development application:
Item Comments
Secondary a) 5.1 Neighbourhood Parks - Lighting is not a requirement of
Plan Report neighbourhood park facilities, and will not be considered part of the
developer -build requirements of the park spaces
b) 5.1 Neighbourhood Parks —Active sportsfield is identified as potential use
for the park space. This has an impact on the required supporting
infrastructure, including servicing and parking facilities. The applicant shall
plan for any active, programmed spaces within the park in conjunction
with the City's Parks & Cemeteries and Sport departments
i:; 5.2 Urban Greens — Fountains will not be accepted in publicly owned and
operated park spaces.
EIS d Permanent wildlife fencin is identified as a recommended mans ement
feature and shown Blocks 23, 18, and part of 19. Developer to provide
additional information on the construction details of the proposed fence
and maintenance / life -cycling requirements of the fence
r.) Requirements of both Plan 1 and Plan 2 Stewardship Management Plans,
outlined in 8.1 and 8.2, must be adhered to by the developer, including:
a. Permanent wildlife fencing
b. Home Owners manual
c. Monitoring programs, pre and post construction
d. On-site interpretive and educational signage
Block 15 & 17 !�-
f) Proposed 3:1 slope connecting park property to 4.0m maintenance
— Park/SWM
access on Block 17 SWM Pond to blended into the park property for
stronger connection and more effective maintenance practices.
Re -grading to be done with a future trail connection from the south edge
of the block to the north-west corner of the block at Rosenberg Way.
Refer to Appendix B — Park Block 15 Suggested Grading for more
information
---------------------------------------------------
Block 17 —
---------------------
Soften radius of the north-east corner walkway to SWM transition to
SWM
achieve a minimum 6.0m inside radius. Corner treatment to address
maintenance vehicle movement.
Block 25 -Park
h) Park grading accepted at this time. Grading design to be revisited during
Engineering Submissions to properly design grades to meet recreational
needs. It is suggested that the park block can be effectively terraced with
proper 5% accessible trails to both tiers
................................
Block 27 -
.------------------------------------------------------------------------------------.,
i) Consolidate MUP and sidewalk in ROW or Street AA into one 3.Om wide
SWM
MUP within the road allowance
Page 116 of 336
Internal Memo
K *1-�rER Infrastructure Services Department wwwAitchener.ta
---- --- ------------- --- - ----- ----- -- -- - ----
Street M'& j) Street M and 30T-14201 roadways do not align. Parks will not support th-e-
Gehl PI Trail use of Gehl Place as a road allowance to connect these streets
7. QUESTIONS
The following are questions prepared in advance of the staff only discussion meeting:
a) Will Street X extend beyond its current southern extent?
L) Institutional is proposed in both Block 16 of this application, and Block 1 (Stage 8) of the adjacent
Stamm subdivision. What boards are planned for these blocks?
c.) Street X will need a multi -use pathway crossing at either Street AA or Street V. Are any of these
intersections controlled, and which one is best to use as the crossing point?
Page 117 of 336
i
Internal Memo
iTC ;9 [E :i ri_:R Infrastructure Services Department wwwAitcber»e.ca
APPENDIX A — PARK DEDICATION CALCULATION
Subdivision Mattamy Community
Sub. No. 30T-18201818202
PART 1:
PARK DEDICATION BASED ON 1.0 HA PER 300 UNITS
Range of Units Shown on Plan of Subdivision:
Minimum
953
Maximum
7ii35 i -,
1A)
Parkland Dedication for 1.0ha per 500 Units
5,240 Ila
PART 2:
PARK DEDICATION BASED ON LAND AREA
2A)
Total Land Area within Plan of Subdivision
108,B40 ha
Less:
213)
Commercial Land Use
0,QD0 ha
2C)
Industrial Land Use
0.000 ha
2D)
Conveyed Open Space (less SWM facilities)
3.40 hs
2E)
Total Lands for 5% Dedication (2A - (2B+2C+2D))
105.100 ha
2F)
Total Lands for 2% Dedication (213 +2C)
0,001] Ina
2G)
Park Dedication Based on Land Area ((2E x 5%)+(2F x 2%))
5,255 ha
PART 3: TOTAL PARK DEDICATION FOR SUBDIVISION
Park Dedication by 1.0 ha per 500 Units (1A)
5.27.3 ha
Park Dedication by 2% and 5% (2G)
5.2;i5 ha
3A)
Total Park Dedication Required
5.255 ha
PART 4:
PARK DEDICATION ANALYSIS AND COMMENTS
Required Park Dedication (3A) 5.25.5 ha
Park Dedication Shown on Draft Plan 5.380 ha
Park Dedication Deficiency/Surplus 1'125 ha
Form completed by: Mark Parris
Date of completion: November 6, 2018
Page 118 of 336
Internal memo
Infrastructure Services Department
www.kitchener.ca
Date
January 11, 2021
To:
Garett Stevenson, 519-741-2200, ext. 7070
Froin;
Jonn Barton, 519-741-2600 ext. 4152
cc:
file
Subject:
Mattamy-Gehl subdivision (30T-18201/18202) – Re -Circulation Submission:
2-16
Parks Comments
1. Documents Referenced – 2020-10-27 Re -Submission
.1 Reply to City Comments (SGL – Aug. 31, 2020)
.2 Figure 1 – Park Block 8 (MTE – Nov. 2019)
.3 Trails (MTE – April 14, 2020)
.4 Archaeological Site Management Plan (ASI – May 25, 2020)
.5 Draft Plan – Redlines (SGL – May, 2020)
.6 Final Material Management Plan (MTE – Nov. 3, 2020)
.7 Lot Grading Plans - AG1.1-1.6 (MTE – Nov. 29, 2019)
2. Summary of Proposed Park, Open Space and Walkway Conveyances
Proposed Park Dedication Land:
Stage -Block No. Block Type Area (ha) Comments
30T-18201
1
-22
Park
0.38
Urban Green
1
-37
Park
0.37
Urban Green
2-16
Park
3.00
Neighbourhood Park connected to adjacent
4-11 Park 0.48
5 - 8 Park 0.48
30T-18202
1-24
TOTAL
school block and SWM block
Urban Green
Urban Green
Walkway -0.18 Multi -Use Trail corridor - Gehl Trail extension
4.89 —
1 The proposal currently does not meet the minimum 5% park dedication requirement,
calculated at 5.224ha (see Appendix A). An additional 0.334ha of park land is
required.
Page 119 of 336
Internal memo
J
K,_kltsR
Infrastructure Services Department www.kitchener.ca
Open Space and Walkways:
Stage -Block No. Block Type Area Comments
(ha)
30T-18201
1-20
Walkway
1-21
Open Space
4-37
Walkway
5 - 1
Walkway
5 - 4
Walkway
30T-18202
0.60
Connection for trail around wetland
1.60
Protected wetland/JESA habitat area
0.02
Enhanced connection between parks
0.03
Connection between street loops
0.03
Connection between street loops
1 - 1 Open Space 1.63
1 —6
Open Space
0.12
1 -21
Walkway
0.02
1 -23
Open Space
0.60
1 —25
Open Space
6.68
1 —26
Open Space
2.26
1 —28
Open Space
0.17
Sub -Total
Open Space
13.06
Sub -Total
Walkways
0.70
TOTAL
13.76
Protected wetland/JESA habitat area,
archaeological protection zone
Habitat buffer zone
Connection to Gehl Trail
Protected wetland/JESA habitat area
Protected wetland/JESA habitat area
Protected wetland/JESA habitat area
Protected wetland/JESA habitat area
2 Total developable land for the subdivisions is 104.48ha, with the total land area of
the subdivision defined at 117.54ha (see Appendix A).
3. Parks Comments for Other Documents
Reply to City Comments
1 Park Block 16 (p1): Noted and accepted.
Trail at Wetlands W4 and W1 (p2):
1 While the proposed realignment of Streets X and L has improved the overall
buffer area available through the open space and park blocks Dere. there is
concern with the effects of the proposed grading in AG1.6 on wetland W4 which
will eliminate approximately 60% of the existing recharge of the wetland. This
represents an Operational concern that the health of this area will be
compromised to the point of requiring large-scale removals/rehabilitation in the
near future. An EIS for this proposed grading plan is requested to determine next
steps.
2 The proposed trail alignment still traverses within the 30m buffer of wetland W1
and into the northern buffer area defined by the archeological site management
plan. In keeping with the recommendations of both the EIS and the archeological
site management plan the trail alignment needs to be re -aligned outside of these
buffer areas.
Page 120 of 336
Internal memo
Infrastructure Services Department
J
K R
www.kitchener.ca
3 Trail at Block 23/Wetland W8 (p2): Adjustment to block 23 size and layout is noted
and accepted.
4 Grading (p3):
1 It is noted that the proposed grading for park block 8 (stage 5) does not meet the
minimum standards defined in the development manual for 100% of the park
area. With a more than 10m difference in elevation between the property line with
the adjacent block and the ROW the cost of attempting to construct with these
grades is prohibitive for the city. Going forward there are 2 options for this block:
A. The developer agrees to modify the draft agreement to include a
condition that any and all additional costs owing to the slopes in this block to
meet any programming needs determined by the city are the responsibility of
the developer (i.e. not DC eligible). Additional non -DC eligible costs would
include (but are not necessarily limited to) armour stone retaining, guard-rails,
additional fill, additional drainage infrastructure and any costs for design and
construction of building on a slope (such as custom structure design,
fabrication and installation).
B. The city does not accept the block for conveyance as parkland and the
developer locates an alternate block on the site to meet the parkland
dedication requirement.
.2 Noted that proposed overland flow routes and slope percentages for walkway
blocks are now included.
5 Walkway Blocks (pp4-5):
1 The proposed east -west trail does provide a valuable community trail corridor
between the Gehl Trail and the residences immediately to the south-west of it.
However it falls short of the stated goal for the city of a continuous east -west
active transportation link through the site. To meet this goal a boulevard multi-
use trail (BMUT) should also be planned for on both sides of Rosenberg Way.
Resolution of any potential challenges to this (such as planned single residential
with driveway access from Rosenberg Way) should be initiated with
Transportation and Parks staff.
.2 As noted previously in comment 3.2.2 issues remain with the proposed alignment
of the trail through buffer areas for both wetland W1 and the archeological
protection area.
Revised Draft Plan
6 Revisions 2, 3, 4, 6, 7 & 12: Noted and accepted.
Final Material Management Plan
7 Noted environmental concerns identified in the report that are within proposed park
land:
.1 Stage 4, Block 11 — contains Area 6 material (foundry sand stockpiles)
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Infrastructure Services Department
www.kitchener.ca
2 Stage 5, Block 8 — contains Area 1 material (perimeter screening berms of
unknown quality) and Area 9 material (relocated material by the current owner in
accordance with the pit rehabilitation plan)
3 Stage 1, Block 35 — is entirely within Area 8 (historical soil, aggregate and
reclaimed asphalt processing operations)
3 Noted are the methodology and approach for the environmental concerns within park
land:
.1 Area 1 material (in park block 8) — Perform additional borehole testing.
.2 Area 6 material (in park block 11) — Perform borehole testing to confirm no
hazard remains even with previous removal of foundry sand and subsequent
surface testing.
.3 Area 8 material (in park block 35) — Perform additional borehole testing in grid
pattern as well as further sampling and evaluation during the excavation and
redistribution of the material in Stage 2 of material management plan.
.4 Area 9 material (in park block 8) — Ongoing investigation through pit rehabilitation
plan in Stage 2 of material management plan.
9 Ensure future borehole and other testing areas adequately capture conditions in
proposed park land blocks containing material noted as environmental concern.
10 Noted that areas of perched water tables within or approximated near to park land
(Stg 1, Blk 35 - BH -03-10, MW -3D-13; Stg 2, Blk 16 — BH -02A-10) are well below
proposed surface levels.
11 MM7.1: All parks on the site are located within areas of noted as heavy fill areas. In
proposed grading plans for the site an approach to compaction and settling that will
adequately address concerns of settling for any proposed structures within parkland
should be included.
12 MM10.2:
1 The foundry sand stockpile was located (MM 10.2) but the salt stockpile was not -
please locate extents of stockpile location as well.
2 Please clarify intent and results for boreholes noted in park block 35 (stage 1) —
BBX-10, TP -17, TP -18, TP -21 and TP -23.
Lot Grading Plans (AG1.1-1.6)
13 AG1.3: Intent seems to be to use the roundabout area for excess overland flow in
heavy storm events. Note that if this is the case then planting opportunities on the
roundabout may be limited or precluded.
14 AG1.4: As previously noted in comment 3.4.1, proposed grading for all of park block
8 (stage 5) does not meet the minimum grading standards defined in the
development manual. A resolution as per the options stipulated above is requested.
15 AG 1.6:
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As noted previously in comment 3.2.1 there is concern with the proposed grading
solution which reduced the available recharge areas of wetland W4 by cutting it
off from approximately 60% of the existing overland flow area. An EIS that
address the impacts of the proposed grading here on the affected wetlands is
requested.
2 The proposed grading for the entirety of park block 22 (stage 1) does not come
close to meeting minimum grading standards for park land defined in the
development manual. Without any apparent opportunity for alternative solutions
(as with park block 8 in stage 5) this block is not accepted for conveyance as
park land. An alternate location for the park on the site is to be provided by the
developer within the south-east area of the site.
END OF COMMENTS
Page 123 of 336
Internal memo.
Infrastructure Services Department www,kitchener.ca
APPENDIX A — PARK DEDICATION CALCULATION
Subdivision Mattamy Community Sub. No. I 30T•18201 & 18202
PART 1: PARK DEDICATION BASED ON 1.0 HA PER 500 UNITS
Range of Units Shown on Plan of Subdivision:
ha
Minimum
1839 units
Maximum
2635 units
1A) Parkland Dedication for 1.0ha per 500 Units S,S84 ha
PART 2: PARK DEDICATION BASED ON LAND AREA
2A) Total Land Area within Plan of Subdivision
Less:
213) Commercial Land Use
2C) Industrial Land Use
2D) Conveyed Open Space (less SWM facilities)
2E) Totai Lands for 5% Dedication (2A - (2B+2C+2D))
2F) Totai Lands for 2% Dedication (213 + 2C)
2G) Park Dedication Based on Land Area ((2E x 5%)+(2F x 2%))
PART 3: TOTAL PARK DEDICATION FOR SUBDIVISION
Park Dedication by 1.0 ha per 500 Units (1A)
Park Dedication by 2% and 5% (2G)
3A) Total Park Dedication Required
PART 4: PARK DEDICATION ANALYSIS AND COMMENTS
11T.540
ha
ha
t},000
D,OW
ha
1.3.06€1
ha
104,460
ha
0,000
ha
5.224
hs
5,684 ha
5,224 ha
5.224 ha
Required Park Dedication (3A) 5.224 ha
Park Dedication Shown on Draft Plan 4,890 ha
Park Dedication Deficiency/Surplus -0'33'1 ha
Form completed by: Jonn Barton
Date of completion: January 14, 2021
Page 124 of 336
Internal memo
Infrastructure Services Department
Date:
www.kitchener.ca
To: Garett Stevenson, 519-741-2200, ext. 7070
From: Jonn Barton, Parks & Cemeteries, 519-741-2600 ext. 4152
cc:
Subject: Parks & Cemeteries Comments for 30T-18201 (Mattamy-Gehl) — School Sites
Options
Meetings (all stakeholders)
• May 24, 2019
Submission(s) Reviewed
School Options Package (May 21, 2019 — Options 1, 2, 3A, 3B, 4 & 5)
General Comments
1. The prime considerations for park block 15 with respect to any potential school siting
configuration are size and frontage. As a result only Options 4 & 5 are considered
feasible for Parks & Cemeteries.
Additional consideration is needed for the anticipated use of park lands by the proposed
schools, as well as any publicly accessible elements at the schools, to better compliment
publicly available resources.
a. To this end each respective school board is asked to submit a set of expectations
for use of park lands, and what facilities at each proposed school would be
generally available to the public outside of school hours.
b. Parks & Cemeteries in turn can provide a general overview of anticipated
programming needs for park block 15.
3. The meeting of May 24, 2019 discussed the configuration for block 17 SWMF as having
a wet cell on the west side and a dry cell on east side. If neither school board are
permitted by policy to incorporate the dry cell into programming for their respective
school sites, then flipping the location of school block 16 and park block 15 for Options 4
& 5 is proposed so that park block 15 can better integrate the dry cell into any park
programming.
- END OF COMMENTS -
Page 125 of 336
Region of Waterloo
VIA EMAIL
Garett Stevenson
Senior Planner, City of Kitchener
519-741-2200 x7070
Gareft.stevensonakitchener.ca
Dear Mr. Stevenson
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Peter Ellis 519-575-4400 x3899
pellisCaD-regionofwaterloo.ca_
File: D18-20/18201
D18-20/18202
Re: Draft Plan of Subdivision Application 30T-18201
Official Plan Amendment Application OP18/005/B/GS
Zoning By-law Amendment ZBA18/006/B/GS
Bleams Road "Application 1"
CITY OF KITCHENER
Draft Plan of Subdivision Application 30T-18202
Official Plan Amendment Application OP18/006/GIGS
Zoning By-law Amendment ZBA18/007/G/GS
161 Gehl Place "Application 2"
Kitchener Green Ltd. & 2079546 Ontario Inc.
CITY OF KITCHENER
Preliminary Post -Circulation Comments #1
March 20, 2020
The Region has prepared the following post circulation comments for the above Draft
Plans of Subdivision 30T-18201 and 30T-18202 applications and related Oficial Plan
Amendment and Zoning By-law Amendment applications. The purpose of these
comments is to outline any items which need to be addressed prior to draft approval
and to identify any items that may be imposed as conditions of draft approval. The
original application was received by the Region in October 2018 and a recirculated draft
plan and supporting studies and reports were received by the Region in February 2020.
The applications propose to create two residential subdivisions over 6 stages of
development consisting of:
a) 1,656 (min) to 2,825 (max) residential units;
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b) a school;
c) four urban green blocks (small parks);
d) a large neighbourhood park;
e) an environmental linkage;
f) multiple walkway blocks and open spaces;
g) five medium density blocks; and
h) three mixed use blocks.
This proposed community is centered along the future Rosenberg Way, which is a
future street that will extend from Fischer Hallman all the way to Trussler Road.
Rosenberg Way will be south of, and parallel to, Bleams Road. A neighbourhood park
and school site have been shown at the future intersection of Rosenberg Way and the
extension of Isaiah Drive (south of Bleams Road). Two medium density blocks and two
mixed use blocks are shown at the intersections of Bleams Road and Isaiah Drive, and
a medium density block and a mixed use block is shown at Rosenberg Way and
Trussler Road. See the list of related studies on the last page of this memo. The City of
Kitchener has provided a high-level overview of the draft plan revisions in their
Recirculation Memo dated January 27, 2020.
1. Water Services
Regional Water Services Staff have reviewed the Functional Servicing Report from MTE
dated July 6th, 2018 and have the following comments:
It is noted that there are two maps produced in Figure 5.2 in Section 5.2 of the
report dated July 9th, 2018 and Figure 2.1 in the preliminary report of July 6th,
2018. It appears these maps are the same but have different numbers and dates.
Staff comments below will be based on figure 5.2 as shown in Section 5.2 of the
report.
It is unclear to staff whether the following pipes (J-506 and J-12; J-518 and J-20)
will be located in a road corridor or utility corridor?
It is noted that the location of the Zone 5/6 PRV on Bleams Road is not shown in
the correct location. It should be located in the Red Clover Crescent at Bleams
Road.
The 300mm pipe along Street L from J-508 to J-529 does not appear to connect
to the 450mm watermain on Bleams Road. If Street L watermain is aligned east
of the PRV on Red Clover Court (north of Bleams Road), a connection to the 450
Zone 5 section of the watermain is permissible. Otherwise this could be
considered a long dead-end. Please review watermain sizing.
As part of a previous OMB decision on the South Estates Plan of Subdivision
(30T-08206), the final Schedule B-1 Functional Servicing Plan by MTE dated
June 23, 2015 has a 300 mm watermain along the length of Rosenberg
Way. However, between J-603 and J-646 (school location), the water main was
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reduced to 200mm. Please revise the watermain size to 300 mm as this will
provide for flexibility in the future (pressure zone divide modification). Staff would
want to be able to feed the school from the other pressure zone in the case of a
watermain break/emergency. Detail design for the pressure zone divide should
also include a fire hydrant located at the divide in order to have greater
maintenance flexibility.
- It is unclear why the pipe located between J-602 and J-612 is a 300 mm pipe.
Please explain your rationale.
Regional Water Services staff are still reviewing the updated reports from the recent
2020 recirculation. Comments will be provided once available.
2. Transportation Comments
The following comments result from Regional Transportation Staff's review of the
following reports and studies:
Preliminary Stormwater Management Report from MTE dated July 6, 2018
(revised November 29, 2019);
O Functional Servicing Report from MTE dated July 6, 2018 (revised November 29,
2019);
Preliminary Environmental Noise Assessment from MTE dated July 6, 2018
(revised November 1, 2019); and
Transportation Impact Study from Salvini Consulting dated July 2018 (addendum
December 20, 2019).
Regional Road Dedication
This section of Regional Road 56 (Bleams Road) has a designated road width of
30.480m (100ft) in accordance with Schedule `A' of the Regional Official Plan (ROP).
The existing Bleams Road width along this section varies in width, and appropriate road
widening dedications will be required to bring the Bleams Road right of way up to the
designated road width. Daylight triangle dedications measuring 7.62m x 7.62m (25ft x
25ft) will be required at the intersection of all local municipal roads with Bleams Road. It
appears that the Plan of Subdivision drawing provided with the application, shows road
widening and daylight triangle dedications along Bleams Road. Please ensure that the
daylight triangle dedications are measured post road widening.
This section of Regional Road 70 (Trussler Road) has a designated road width of
30.480m (100ft) in accordance with Schedule `A' of the Regional Official Plan (ROP).
While no further road widening dedication is required along this section of Trussler
Road in association with the ROP designated road width, daylight triangle dedications
measuring 7.62m x 7.62m (25ft x 25ft) will be required at the intersection of the local
municipal roads with Trussler Road. Additional property dedication may also be required
in association with the future Trussler Road re -construction project (see Transportation
Capital Program — TCP — information below for more details).
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A daylight triangle measuring 15.24m x 15.24m (50ft x 50ft), measured post road
widening, will also be required for the Trussler Road & Bleams Road intersection. This
daylight triangle is the standard Regional size and additional property dedication may be
required to accommodate the future intersection design of the Trussler Road & Bleams
Road intersection.
The owner/applicant must engage an Ontario Land Surveyor (OLS) to prepare a draft
Reference Plan which illustrates all required road widening, daylight triangle and road
improvement dedications along both Bleams Road and Trussler Road. The draft
Reference Plan should be sent to Regional staff for review and approval prior to deposit
and the completion of the plan. Please ensure that the property requirements shown on
the approved Reference Plan are reflected correctly on all plans going forward.
Regional Staff will review Phase I and Phase II ESAs studies for the subject lands in
terms of dedicating these lands to the Region of Waterloo. Please exclude the portions
of land to be dedicated to the Region of Waterloo from any Record of Site Conditions
(RSCs) required for the subject properties.
Access Permit/TIS/Access Regulation
The Plan of Subdivision proposes three Local Municipal Streets (Street L, Isaiah Drive,
and George Israel Street) connections to Bleams Road and one Local Municipal Street
(Rosenberg Way) connection to Trussler Road.
All existing redundant access locations to both Bleams Road and Trussler Road must
be closed to Region of Waterloo and City of Kitchener standards and this includes any
boulevard restoration activities. A Regional Road Access Permit application for the
closure of all access locations will be required. There is no fee associated with the
closure applications.
A Regional Road Access Permit application and associated $230 fee will be required for
all four Local Municipal Street locations. Please visit the Region of Waterloo website to
find the application form (https://www.re.gionofwaterloo.ca/en/doing-
business/applications-licences-and-permits.aspx)
The above can be conditions of draft approval.
Region of Waterloo staff have received a copy of the Transportation Impact Study
Addendum dated December 20, 2019 completed by Salvini Consulting which is an
update to the original Transportation Impact Study (TIS) dated July 2018. Review of the
Transportation Addendum is underway by Region of Waterloo staff and comments will
be provided under separate cover.
Any road/intersection improvement identified by either the applicant's transportation
consultant, or as part of Regional Bleams Road reconstruction Environmental
Assessment (EA), will be implemented via a Regional construction project. The
applicant will be responsible for providing the land required to implement any
improvements. In addition, the developer will be responsible for functional and design
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cost estimates (if required). A follow-up meeting will be scheduled in the near future to
discuss required road improvements.
Stormwater Management & Site Grading
Region of Waterloo staff is currently reviewing the Revised Functional Servicing Report
dated November 29, 2019 completed by MTE Consultants related to the proposed
subdivisions. The report has been circulated to the appropriate Region of Waterloo staff
and comments will be provided once available.
Region of Waterloo staff have received the Revised Preliminary Stormwater
Management Report dated November 29, 2019 completed by MTE Consultants related
to the proposed subdivisions. The report has been circulated to the appropriate staff
and comments will be provided once available. In the meantime, it is noted that grading
related to the subject properties must be compatible with the existing and proposed
Bleams Road & Trussler Road rights of way.
Transit Planning
Grand River Transit (GRT) staff comments on the original submission and recirculated
plan and related reports and studies are below:
GRT is designing for a local route in this area post 2021, with a number of stop
locations within the 30T-18201 subject lands. The following twelve (12) preliminary
GRT stop locations are identified:
1. Rosenberg Way at Street Q (eastbound);
2. Rosenberg Way at Street Q (westbound);
3. Rosenberg Way at George Israel Street (eastbound) — proposed shelter,
4. Rosenberg Way at George Israel Street (westbound) — proposed shelter;
5. George Israel Street at Bleams Road (northbound);
6. George Israel Street at Bleams Road (southbound);
7. Rosenberg Way at Isaiah Drive (westbound) — proposed shelter;
8. Rosenberg Way at Isaiah Drive (eastbound) — proposed shelter;
9. Rosenberg Way at Street T (eastbound);
10. Rosentberg Way opposite Street T (westbound);
11. Rosenberg Way at Street X (eastbound); and
12. Rosenberg Way at Street L (westbound).
As a condition of draft approval, the Developer will be required to provide sufficient
funds for the future construction of landing pads and other amenities as noted below at
each of these locations identified by GRT. These funds will allow for the appropriate
phasing of infrastructure in relation to the timing of service introduction.
At major intersections and adjacent to higher -density blocks, funds for shelters and
shelter pads will also be required — this would apply to stops 3, 4, 7, and 8 listed above.
In some cases, easements for shelter pads may be required, but this will need to be
assessed at the site plan review stage. The table below provides an overview of the
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approximate per unit and total costs associated with each of these amenities, as well as
the sum total of transit amenity funds requested by GRT.
Amenity
Dimensions
Per Unit Cost
Number
Required
Total Cost
Landing pad
9.5 m (length) x
$3,300
12
$39,600
2.0 m (width)
Shelter pad*
4 m (length) x 2.3
$1,600
4
$61400*
m (width)
Glass shelter
3.7 m (length) x
$12,000
4
$48,000
1.5 m (width)
Total transit stop amenity costs
$94,000
*may not be required if shelters placed on wide (>3m) boulevard landing pad — dependent on boulevard
width
The actual costs will be based on the cost of these amenities at the time of payment.
In addition to these amenities, there are a number of design recommendations that
would help to make these subdivisions more transit -supportive. These include:
Mixed uses along Rosenberg Way should be oriented towards the street in order
to promote activity, natural surveillance, and overall streetscape animation.
Medium density blocks, townhouses and single-family dwellings and their
driveways in the residential blocks abutting Rosenberg Way should be oriented
towards internal collector roads to avoid conflicts between buses and vehicles
pulling out of driveways. Ensuring access will be particularly challenging for some
blocks, as it appears that they will be accessed via Rosenberg Way. The stop
locations described above will also need to be located away from driveways and
the driveway locations should be paired if possible to reduce the number of
conflict points.
Measures to reduce the potential for conflict between stopping buses and
vehicles at the proposed transit stops at the Rosenberg Way / Isaiah Drive
intersection should be considered. The proposed stop locations between Blocks
9 (mixed-use/neighbourhood institutional) and 16 (park) will need to be reviewed
carefully to ensure that the potential for conflict between transit and school
vehicles (adjacent block 15 — school) is reduced.
It appears that the majority of residential properties within the 30T-18201
subdivision fall within the recommended 450 m walk distance to/from a transit
stop. However, this is not the case for all residents within the 30T-18202 subject
lands: the street pattern creates a challenge for some residents to access transit,
particularly those located on Streets AC and Y. GRT staff recommend the
applicant consider realigning these streets into more of a grid pattern (e.g. create
a connection from Streets AC/Y to Street U or T) to provide shorter walking
distances to transit stops along Rosenberg Way.
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Transportation Demand Management (TDM) staff has also provided comments
pertaining to these applications:
- Continuous sidewalks (consistent with AODA Accessible Built Environment
Standard) should be provided along both sides of all adjacent public streets.
It is recommended that cycling connections be provided to Bleams Road as there
is a planned Multi -Use -Trail (MUT). Bleams Road then connects to Fischer -
Hallman Road which also has a planned MUT.
It is recommended that bike lanes be considered on any internal roadways.
- It is recommended that bike parking facilities be considered in the proposed park
blocks.
Environmental Noise
Region of Waterloo staff have received the updated Preliminary Environmental Noise
Study, completed by MTE Consultants and dated November 1, 2019, related to the
proposed subdivisions. Review of the study is underway by Region of Waterloo staff
and comments will be provided once available.
Transportation Capital Program TCP
This section of Bleams Road and Trussler Road has been identified in the current
Region of Waterloo 10 -Year Transportation Capital Program (TCP) as being up for
reconstruction in 2023 (Bleams Road) and 2024 (Trussler Road). For more information
related to these projects, please visit the Region of Waterloo website
(https://www.regionofwaterloo.ca/en/living-here/construction-and-road-closures.aspx) or
contact the Region Project Manager Greg Proctor (519-575-4729 or
gproctor(a-)-regionofwaterloo.ca) for the Bleams Road reconstruction and Justin
Armstrong (519-575-4400 ext., 3164 orjuarmstrongCaD_regionofwaterloo.ca) for the
Trussler Road reconstruction.
Region of Waterloo International Airport
The subject properties are located within the Region of Waterloo International Airport
Zoning Regulated Area (AZR). Although there are no concerns related to the proposed
building heights, or aircraft noise all development must comply with airport regulations.
Chain Link Fence
As a condition of draft approval, a minimum 1.5m high, maintenance -free chain link
fence will be required along back -lofted property frontage with Bleams Road and
Trussler Road. The chain link fence should be located on the Regional right of way,
offset 0.15m from the property line, post road widening dedication. Through the Site
Plan process, it may be identified that multi -residential blocks with property along the
Regional right of way no longer require chain link fence.
This can be a condition of draft approval.
Document Number: 3244872 Page 7 of1
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Preliminary Post -Circulation Reqional Comments #1 — 30T-18201 and 30T-18202
3. Source Water Protection
The site is within Wellhead Protection Sensitivity Areas 2, 3, 8 and within a Regional
Recharge Area.
Regional Hydrogeology and Sourcewater (HSW) staff have reviewed the original reports
submitted with the initial subdivision and OPA/ZBA applications. Preliminary comments
indicated that they wanted to review Provincial Ministry comments relating to PSW,
Core Features, Wetland Complex, stormwater management strategy, recharge targets,
and long-term groundwater-surfacewater resource management strategies to see how
those comments were framed.
Staff understands Ministry comments are outstanding. HSW comments remain
outstanding on the updated reports and studies that were recently submitted with the
recirculation.
HSW staff have requested a `Materials Management Plan' be provided to the Region's
satisfaction. This plan is meant to outline how existing materials on-site and imported
materials will be managed throughout the various stages of development and post -
development as per the Region's Potable Groundwater Criteria Use in the Region of
Waterloo 2010 (the plan identifies a significant amount of imported soils will be
necessary for the development). This plan dated December 20, 2019 by MTE
Consultants has been provided to the Region and relevant staff are still reviewing the
contents of the report. Comments will be provided once available.
HSW staff also indicate that a Source Water Protection Potential Contamination Study
(SWPPCS) be completed to the Region's satisfaction. This study is being requested
under the Implementation Guideline for the Review of Development Applications On or
Adjacent to Known and Potentially Contaminated Sites (2009). This study is meant to
characterize groundwater conditions and provide conclusions on past and present
potential sources of site contamination which may affect groundwater - see section 4.0
Conditions of Approval under the Guideline at the following link:
https://www.regionofwaterloo.ca/en/resources/Applications/ImplementationGuidelinesContamin
atedSites.pdf.
4. Record of Site Condition
A Record of Site Condition (RSC) was requested as part of the presubmission
consultation. Staff notes that a residential RSC (from 2009) exists for 161 Gehl Place
(30T-18202). It is noted that if the site use or operations have changed since then, or if
there are new contaminants of concern identified, then a new RSC may be required.
A RSC has not yet been completed on the 30T-18201 subject lands. Per Region
Implementation Guideline on development applications and contaminated sites, two
options are available as to when the RSC must be completed. Either prior to adoption
of the proposed zoning by-law for the lands, or apply a holding provision in the zoning
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by-law and that the "H" not be lifted until such time as the RSC has been completed. In
this case, either option is acceptable to Regional staff.
Please be advised that the RSC must exclude the road widening requirements along
Bleams Road and Trussler Road (as necessary) noted above in item #2.
. Archaeological Assessment
For 30T-18201_(Bleams._Road Lands)
Prior to Draft Approval the Region will require the submission of the Stage 1
Archaeological Assessment for the subject property, and if recommended by the
Stage 1, a Stage 2 Assessment. Further, the Region will require a Ministry of
Heritage, Sport, Tourism, and Culture Industries Acknowledgement Letter for the
Stage 1 (and possibly 2) Assessment(s)
For 30T-18202 (161 Gehl Place Lands
Regional staff have received a copy of the Stage 3 Archaeological Assessment
for the subject property.
Regional staff understand further archaeological assessment work continues or
is currently underway.
Prior to Draft Approval the Region will require the submission of:
o A Ministry of Heritage, Sport, Tourism and Culture Industries
Acknowledgement Letter for the Stage 3 Archaeological Assessment for
AiHd-160;
R; The Stage 4 Archaeological Assessment for AiHd-160; and
t:} The Ministry of Heritage, Sport, Tourism and Culture Industries
Acknowledgement Letter for the Stage 4 Archaeological Assessment for
AiHd-160.
6. Preliminary Environmental Planning Comments
The following preliminary comments are offered based on environmental planning staff
review of the Environmental Impact Study completed by NRSI dated July 2018
(Updated December 2019) and other supporting documents relating to Draft Plans of
Subdivision 30T-18201 and 30T-18202.
30T-18201 — There are no Core Environmental Features currently designated, and as
such, Environmental Planning has no concern with this application proceeding at this
time.
30T-18202 — Further discussion between Regional, City, and Provincial staff are
ongoing and comments will be provided when available.
Document Number: 3244872 P e 9 of
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Preliminary Post -Circulation Regional Comments #1 — 30T-18201 and 30T-18202
7. General Comments
Land Use Compatibility
The HGC Environmental Noise Study (June 22, 2011) completed as part of the
Rosenberg Secondary Plan identified potential for land use compatibility/noise issues
associated with the variety of land uses on the subject lands, specifically mixed use,
institutional, higher density residential blocks, and other sensitive land uses on the draft
plan.
These potential land use compatibility issues should be identified and addressed in the
supporting studies and reports.
Further discussion is required on how to implement this requirement moving forward.
Density
The "Planning Justification Addendum Report" (SGL Planning and Design Inc,
December 2019), notes an overall density range between 47-79 people and jobs per
hectare. The density for this site must meet the densities proposed for the overall
Rosenberg Secondary Plan. Regional staff are reviewing the proposed densities in
these plans of subdivision, as well as other adjacent plans of subdivision, to determine
compliance.
Aggregate License
It is noted that the lands (30T-18201) are still licensed under the Aggregate Resources
Act. Staff understand that all aggregate operations will cease and licences surrendered
once residential uses are introduced. If this is not the case, a condition of draft approval
will be required to ensure compatibility is addressed prior to registration of any stage of
the plan.
Fees and Charges
The Region acknowledges the receipt of applicable fees for these applications which
were received in 2018 ($11,500.00 — 30T-18201; $5,572.50 — 30T-18202; $5,750 — per
OPA; $6,402.50 per ZBA/EIS/TIS/Noise Study). The Region also acknowledges the
receipt of the applicable recirculation fee ($2,300.00 under By-law 19-016), which was
received on March 11, 2020. Pursuant to the 2017 Regional Fee By-law, which was in
effect when the applications were submitted, the Region's additional fee for draft
approval of a plan of subdivision is $4,025.00 for each subdivision. These fees are
payable prior to the Region's issuance of conditions of draft approval to the approval
authority for the subdivision.
Document Number: 3244872 Paftb%Oi3ti of 336
Preliminary Post -Circulation Regional Comments #1 -_30T-1.8201 and 30T-18202
Regional Development Charges
Any future development on the subject lands will be subject to provisions of Regional
Development Charges By-law 19-037 or any successor thereof.
Regional staff continues to review the circulation. In the meantime, if you have any
questions, feel free to give me a call.
Yours truly,
Peter Ellis, MES
Principal Planner
cc. Brad Trussler, Mattamy Homes (via email)
Shilling Yip, Community Planning, Region of Waterloo (via email)
Document Number: 3244872 Pag 11 of 11
Wage 136 of 336
Region of Waterloo
February 1, 2021
Brad Trussler
Mattamy Homes
Waterloo -Wellington Division
433 Steeles Avenue East
Milton, ON L9T 8Z4
Dear Mr. Trussler:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www.regionofwaterloo.ca
File No.: D18-20/56 BLEAMS
Ian Cook Construction
Re: Region of Waterloo Transportation Related Conditions Update — South
Estates (Cook Homes/Mattamy Homes), 1531 Bleams Road, City of
Kitchener, 30T-08206
This letter is a follow up to earlier conversations related to Regional Road network
improvements for the Cook Homes/Mattamy Homes (South Estates) Plan of Subdivision
(30T-08206). The most recent Modification to Conditions of Approval issued by the City
of Kitchener is dated July 2, 2020. Region of Waterloo conditions included the following:
21.
a) That prior to final approval, the Owner will provide a functional design and cost
estimate for a westbound left -turn lane with 40 metre storage length and
appropriate tapers on Bleams Road at Forestwalk Street.
b) That prior to final approval, the Owner will provide a functional design and cost
estimate for a southbound left -turn lane with 50m storage on Trussler Road at
Bleams Road.
c) That prior to final approval, the Region has the necessary physical and financial
resources to construct all required road improvements in a) and b), above,-
d)
bove;d) That conditions a), b) and c) above all be fulfilled to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
As you know, Region of Waterloo Design & Construction staff are moving forward with
the Bleams Road Environmental Assessment (EA) for the future road re -construction
between Fischer -Hallman Road and Trussler Road within the City of Kitchener. To
avoid duplication between the Bleams Road EA and the Plan of Subdivision application,
the Region of Waterloo will no longer require the Owner to submit the functional designs
and cost estimates as noted under Regional condition 21. These will be addressed
through the Bleams Road EA work.
DOCS: 3548627
Page 137 of 336
Yours Truly,
G✓
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 505-4536
C,U Shilling Yip — Region of Waterloo
Peter Ellis — Region of Waterloo
Greg Proctor — Region of Waterloo
Darryl Spencer — Region of Waterloo
Sergio Zaga — Stantec
Alexander Drung — Mattamy Homes
Garett Stevenson — City of Kitchener
Document Number: 3548627
Page 138 of 336
Garett Stevenson
From: Alexander Drung <Alexander.Drung@mattamycorp.com>
Sent: Wednesday, June 15, 2022 11:09 PM
To: Brad Trussler; Peter Ellis
Subject: FW: [EXTERNAL] Reserved Street name Request - 30T -08201/30T-08202
Hi Peter, please see the below email chain with Chris Rumig regarding street names.
All of the street names in our draft plan have been approved per the lists below.
Please let me know if you need anything else.
Thanks,
Alex
From: Chris Rumig <Crumig@regio nofwaterloo.ca>
Sent: Thursday, December 9, 20213:50 PM
To: Alexander Drung <Alexander.Drung@mattamycorp.com>; 'Barb Fairbairn' <Barb.Fairbairn@kitchener.ca>
Subject: [EXTERNAL] Reserved Street name Request - 30T -08201/30T-08202
Hi Alex,
I've reserved the following street names on behalf of Mattamy:
Street name
Status
Averill
Reserved
Baltusrol
Reserved
Debonair
Reserved
Great Oak
Reserved
Northwood
Reserved
Seminole
Reserved
Thorn Lodge
Reserved
Waycross
Reserved
Winged Foot
Reserved
Thanks,
Chris Rumig
GIS Analyst - Information Technology Services, Region of Waterloo
150 Frederick St, 5th Floor, Kitchener, ON N2G 4.13
226-339-3257
crumig@regionofwaterloo.ca
From: Alexander Drung <Alexander.Drung@mattamycorp.com>
Sent: December 9, 20212:50 PM
Page 139 of 336
To: Chris Rumig <Crumig@regionofwaterloo.ca>; 'Barb Fairbairn' <Barb.Fairbairn@kitchener.ca>
Subject: RE: [EXTERNAL] Reserved Street name Request - 30T -08201/30T-08202
Hi Chris, we were short a few names still. Please see attached a few more to confirm. This should be enough for our
subdivision.
Thanks,
Alex
From: Chris Rumig <Crumig@regionofwaterloo.ca>
Sent: Thursday, December 9, 20219:38 AM
To: Alexander Drung <Alexander.Drung@mattamycorp.com>; 'Barb Fairbairn' <Barb.Fairbairn@kitchener.ca>
Subject: [EXTERNAL] Reserved Street name Request - 30T -08201/30T-08202
Good Morning Alex,
I've reviewed the list of street names you supplied and I've made note in the table below which streetnames were
reserved for Mattamy and those which could not be reserved as they were already in use.
Street name
Status
Bandon
Reserved
Beacon
Reserved _
Bethpage
Reserved
Blackwolf
Reserved
Brookline
Reserved
Crosscurrent
Reserved
Essex
Reserved
Fieldway
Reserved
Homelands
Reserved
Hummingbird
Already in use
Mackenzie
McKenzie already in use
Maple Leaf
Already in use
Merion
Reserved
Muirfield
Reserved
Oakmont
Reserved
Reserved
Pinsent
Rosebush
Reserved
Sand Hills
Already in use
Reserved
Sawgrass
Summerside
Already in use
Sunningdale
Reserved
Tailwind
Reserved
Tillinghast
Reserved
If you have any questions — please feel free to contact me.
Page 140 of 336
Chris Rumig
GIS Analyst - Information Technology Services, Region of Waterloo
150 Frederick St, 5th Floor, Kitchener, ON N2G 4.13
226-339-3257
crumig re ionofwaterloo.ca
From: Alexander Drung <Alexander.Drun mattam cor .com>
Sent: December 8, 20218:41 AM
To: Chris Rumig <Crumig@regionofwaterloo.ca>; 'Barb Fairbairn' <Barb.Fairbairn 0)kitchener.ca>
Subject: FW: [EXTERNAL] RE: Street Names
Hi Chris, I am working with Brad on the Kitchener Green subdivision on Bleams Rd (30T-18201 and 30T-18202).
I understand there were some street names already reserved for Mattamy to use in this subdivision. We were stil
several names short, so we have come up with an additional list I wanted to provide you for your approval. I have
checked them against existing/reserved names within the Region, which there should not be duplicates, but could you
kindly confirm these names could also be reserved for us?
Thanks,
Alex
Alex Drung
Senior Land Development Manager
t (905) 203-3966 (direct) c (416) 804-8521
CanadlrtTop aplexander,drunmattamycorp.com
fi 1
EmpLoyers Mattamy Homes Canada
���
Greater Toronto West Division:
433 Steeles Avenue East, Suite 110, Milton, ON L9T 8Z4
Notice: This email is intended for use of the party to whom it is addressed and may contain confidential information. If you have received this email in error,
please inform me and delete it. Thank you
From: Barb Fairbairn <Barb.Fairbairn@kitchener.ca>
Sent: Thursday, November 25, 202111:16 AM
To: Brad Trussler <Brad.Trussler@mattamycorp.com>
Cc: 'Chris Rumig' <Crumig@regionofwaterloo.ca>
Subject: [EXTERNAL] RE: Street Names
Hello Brad, could you please tell me which subdivision(s) in Kitchener these
names relate to (30T# please).
Chris, thanks for including the link to the website to look up reserved names.
Thanks very much.
Barb
Barbara Fairbairn
Addressing Analyst I Building Div I City of Kitchener
519-741-2200 e7329 I TTY 1-866-969-9994 1 barb.fairbairn(ftitchener.ca
Page 141 of 336
A
From: Chris Rumig <Crumig@regionofwaterloo.ca>
Sent: Thursday, November 25, 202111:08 AM
To: 'Brad.Trussler@mattamycorp.com'<Brad.Trussler@mattamycor.j: o >
Cc: Tim Walden <TWalden@regionofwaterloo.ca>; Shilling Yip
<SYip@regionofwaterloo.ca>; Barb Fairbairn <Barb.Fairbairn@kitchener.ca>
Subject: [EXTERNAL] Street Names
Good Morning Brad,
I've reviewed the list of streetnames you submitted for consideration for your
subdivision plans in Kitchener. I have indicated in the following table the street names I
have reserved on behalf of Mattamy.
Streetname
Comment
Solitude
Reserved for Mattamy
Sheephorn
Reserved for Mattamy
Gold Dust
Reserved for Mattamy
Reserved for Mattamy
Sawbuck
Rattlesnake
Reserved for Mattamy
Greystone
already in use
already in use
Reserved for Mattamy
Edgewater
Burgundy
Blueberry
already reserved
Bellflower
already reserved
Conners
Too phonetically close to Conner St which is already in use
Leggatt
Reserved for Mattamy
Skyline
Reserved for Mattamy
Cooperhead
Reserved for Mattamy
Sidewinder
Reserved for Mattamy
Allan
already in use
As well, I wanted to note that weekly we update a table of all reserved streetnames on
the Region's Open Data Portal (https://rowopendata-
rmw.opendata.arcgis.com/datasets/reserved-streetnames/explore) which you can
download.
If you have any questions — please feel free to contact me.
Regards,
Chris Rumig
GIS Analyst - Information Technology Services, Region of Waterloo
150 Frederick St, 5th Floor, Kitchener, ON N2G 4J3
Page 142 of 336
DRAFT / PRELIMINARY
REGIONAL CONDITIONS OF DRAFT APPROVAL
PLAN OF SUBDIVISION 30T-18201
(Mattamy Kitchener Green — Area 2)
June 30, 2022
Please note that these Regional Conditions of Draft Approval are considered
preliminary and draft, and do not represent a comprehensive or final list of
Regional conditions. In particular, environmental planning conditions have not
been provided yet. These conditions may be subject to change.
— Peter Ellis, Principal Planner
That the OWNER (Kitchener Green Limited Partnership) satisfies the following
conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of
Planning, Development and Legislative Services:
1. That this approval applies to Plan of Subdivision 30T-18201 for Kitchener Green
Limited Partnership (OWNER) in the City of Kitchener, !CAD File No. 30T-
18201.dwg dated March 2022 and which shows the following:
Stage 1
Blocks 1-32
Block 33
Blocks 34-35
Blocks 36, 37, 44
Block 38
Block 39-43
Stage 2
Blocks 1-11
Block 12
Blocks 13-14
Block 15
Block 16
Block 17
Block 18
Block 19
Blocks 20-21
Blocks 22-28
Document Number: 4117002
Singlps/Towns (Residential) (294-476 units)
Park
- Public Walkway
Open Space/SWM
Road Widening
- 0.3m Reserve
Singles/Towns (Residential)
(108-174 units)
- Walkway
- Multiple Residential
(250-404 units)
Mixed Use (Res./Commercial)
(100-350 units)
Multiple Residential/Institutional
(120-250 units)
Institutional
(0-100 units)
- Community Park
Open Space/SWM
Road Widening
- 0.3m Reserve
Page 1 of 9
Page 143 of 336
Stage 3
Block 1 - Multiple Residential (150-325 units)
Block 2 - 0.3m Reserve
Stage 4
Blocks 1-30, 39
Singles/Towns (Residential) (345-568 units)
Block 31
Multiple Residential (75-290 units)
Block 32
- Mixed Use (Res./Commercial) (80-200 units)
Block 33
- Park
Blocks 34-35
- Walkway
Block 36
- Road Widening
Blocks 37-38
- 0.3m Reserve
Stage 5
Blocks 1-20 Singles/Towns (Resr' Ofitial) (207-341 units)
Block 21 - Multiple Residential (80-150 units)
Block 22 - Park
Block 23-24 Walkway
Block 25 Road Widening
Stage 6
Blocks 1-3 - Singles (Re-sfd ntial) (10-18 units)
Stage 7
Blocks 1-4 - Singles (Residential) (16-29 units)
Block 5- Futurq Development
Blocks 6 7 � °. - FutL-IF' Access
Total -I.,996 to 3:994 uriAs
2. That the plan for final approval may incorporate a lot pattern for all blocks in
Which single detached, semi-detached and townhouse lots are permitted, at a
density not eXceeding the density identified in the draft approval conditions;
3. That the'OWNER agrees to stage the development of this subdivision in a
manner satisfactory'to the Regional Commissioner of Planning, Development
and Legislative Services;
4 That the subdivision agreement be registered by the City of Kitchener against the
lands to which it applies and a copy of the registered agreement be forwarded to
the Regional Commissioner of Planning, Development and Legislative Services
prior to final approval of the subdivision plan;
5 That any dead ends and open sides of road allowances created by this plan of
subdivision shall be terminated in 0.3 metre reserves, to be conveyed to and held
Document Number: 4117002 Page 2 of 9
Page 144 of 336
in trust by the City of Kitchener until required for future road allowances or the
development of adjacent land.
6. That the OWNER enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any agreement
for the installation of underground services, whichever comes first. Where the
OWNER has already entered into an agreement for the installation of
underground servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Se)`vicing prier to registration
of any part of the plan. The Regional Commissioner of Transportation and
Environmental Services shall advise prior to an Agreement for Servicing that
sufficient water supplies and wastewater treatment capacity is available for this
plan, or the portion of the plan to be registered;
7. That the OWNER include the following statement in all agreements of lease or
purchase and sale and/or rental agreements that may be entered into pursuant to
Section 52 of the Planning Act, prier to the registration of this plan;
"The lot, lots, block or blocky �lwh+ch are the subject of this agreement of lease or
purchase and sale are not yet registered as a plqi-� of subdivision. The
fulfillment of all conditions of dr --aft pMn i�pproval, including the commitment of
water supply and sewage treatment services thereto tier the Region and other
authorities, has not yet.been cotnpJetedto pe istration of the plan.
Accordingly, the p'ui r shoutd be aware that the vendor is making no
represent tl or warrar{that the la - lots, block or blocks which are the
subject of tJj�s.,agreemen„ter lease orl yrchase and sale will have all conditions
of draft plan approval satisfied, including the availability of servicing until the
plan;is registered.''
8. Teat the Functional Servicing Report. (MTE, July 6, 2018) be completed to the
satisfaction of the Reg ion,,Commissioner of Planning, Development and
Legislative Services. %j
,,.:;
0. That'prior to final approval, the OWNER submit a Final Water Distribution
Analysis„ and detail "water servicing report for the entire plan of subdivision,
with such/'report t6�6ssess the need for pressure reducing valves, to the
satisfaction of,the Regional Commissioner of Planning, Development and
Legislative Services;
10. Where pressure reducing valves are required in Condition No. 9) above, the
OWNER must enter into an agreement with the City of Kitchener to provide for
such installation; and to include in all agreements of purchase and sale and/or
rental agreements, a clause identifying the presence of such water pressure
reduction device and advising that it may not be removed by the owner/occupant.
Document Number: 4117002 Page 3 of 9
Page 145 of 336
11. That, prior to final approval of all or any part of this plan of subdivision, the
OWNER agrees to submit for review and approval, engineering drawings of the
connections to the Regional watermain at Isaiah Drive and George Israel Street
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services;
12. That prior to final approval, the OWNER submit a stormwater management
monitoring & contingency plan, to the satisfaction of the Region Commissioner of
Planning, Development and Legislative Services. The plan shall include
during- and post -construction groundwater monitoring as recommended in
MTE's Groundwater Sampling Program — Technical Memorandum dated
December 12, 2019. Post -construction monitoring shall continue for a
minimum of two years following 90% build out. hurthermcre, the Owner enter
��..
into an agreement with the Regional Municipality of Waterloo to secure
A.
implementation of the SWM monitoring plan
13. That prior to final approval, the OWNER ,/ decommissions any monito hn and
private wells (not used for long term monttorjng)�; nd/septic systems on the
property in accordance with O. Reg. 903 prior topny grading on the property;
and furthermore, that the OWNER enter into an agreement with the City of
Kitchener to decommission any long tefin moniforing wells no longer used for
such purposes, all to the satisfaction of the.Regional`Commissioner of Planning,
Development and Legislative Services.
14. That prior to final approval, if required, the OWNEWenter into an agreement with
the Region of Waterloo to implement the conclusions and recommendations of
the accepted Materials Management Plan by MTE dated November 3, 2020 to
the satisfaction of the Rection„of„ Waterloo
15. That, prior to final approval, the OWNER completes a Record of Site Condition
(RSC) for the entire planof subdivision, and that a copy of the RSC document(s)
and MECP acknowledgement be provided to the Regional Commissioner of
Planning, Development and ;Legislative Services.
Applicable Environmenta'I Planning DA Conditions to go here
16. That prior fo'any land clearing, grading or construction on the subdivision lands,
the OWNER enter into an agreement with the Regional Municipality of Waterloo
to indicate that no clearing of vegetation on the site occur during the bird
breeding season (May 1 — July 31) in compliance with the Migratory Birds
Convention Act unless it can be ascertained by a qualified expert that no birds
covered by the Act are observed to be breeding in or adjacent to the affected
area.
Document Number: 4117002 Page 4 of 9
Page 146 of 336
17. That, prior to final approval, the OWNER enter into an agreement with the
Regional Municipality of Waterloo to distribute source water protection and winter
salt management information with all offers to purchase and/or rental
agreements, to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
18. That, prior to final approval, the OWNER enter into an agreement with the
Regional Municipality of Waterloo to complete salt management plans for all
Multiple Residential Blacks (Blocks 13, 14, 1, Stage;,,Block 1, Stage 3; Block
31, Stage 4; Block 21, Stage 5) and Mixed Use Blocks (Block 15, Stage 2; Block
32, Stage 4) prior to site plan approval and/or Vacant Land Condominium Blocks,
to the satisfaction of the Regional Commissioner of Planning. Development and
Legislative Services. Furthermore, that the agreement contains a provision to
include implementation of the salt managerment plan by way 6f declaration
associated with any future applications for Lan of condominium.,
10,That, prior to final approval, the OWNER enter into an agreement with the City of
Kitchener with the following clause relating to the .accepted Archaeological
Assessment reports:
a. Until such time as a permanent chain link fence has been erected along the
northern limits of Block 37 g"! '
%(Sta e%lyand along the southern limits of Block
35 of adjacent draft plan of4-3ubdivisio�j30T-18202; as recommended in the
%%i.. �' i//////%I
Report titled: 'Preliminary Stage 4 A�haeolo� foal Mitigation of Site AiHd-
160" (preored by AS I ; dated ��%e 25, 2021) and shown on the Map titled:
"MaRamy Community EIS, Natritage Restoration and Enhancement
Plan" (prepar-ed by Natural Resource Solutions Inc., dated April 22, 2022),
THAT, the Temporary Avoidance"and Protection Fencing erected on
April 21 2021 be maintained in good condition to protect unintentional
soldisturbanc'e:,in the adjacent Block 35 "Archaeological Site" of draft
plan of subdivision 30T-18202.
20 That prior to any grading or construction, and final approval of all or any part of
this plan of Subdivision, the OWNER submits a final lot grading and drainage
plan for rev ew and approval by the Regional Commissioner of Planning,
Development and,/Legislative Services. The lot grading and drainage plan must
consider existing and future grades/profiles for Bleams Road (Regional Road
56);
21. That prior to any grading or construction, and final approval of all or any part of
this plan of Subdivision, the SUBDIVIDER submits a final lot grading and
drainage plan for review and approval by the Regional Commissioner of
Planning, Development and Legislative Services. The lot grading and drainage
plan must consider existing and future grades/profiles for Trussler Road
(Regional Road 70);
Document Number: 4117002 Page 5 of 9
Page 147 of 336
22. The prior to final approval of all or any part of this subdivision, or prior to
commencement of any construction work with the Bleams Road (Regional Road
56) right-of-way, the OWNER must enter into an agreement with the Regional
Municipality of Waterloo to obtain a Municipal Consent and Work Permit from the
Region for such works;
23. The prior to final approval of all or any part of this subdivision, or prior to
commencement of any construction work with the Trussler: Road (Regional Road
%iii,
70) right-of-way, the OWNER must enter into an agre„e„rnent with the Regional
Municipality of Waterloo to obtain a Municipal Consent and Work Permit from the
Region for such works;
24. That prior to final approval of all or any part f this subdivisio;,n .the OWNER
provides engineering drawings which include: details of boulevard: restoration for
Bleams Road (Regional Road 56) to the satisfaction of the Regio,b/,
Commissioner of Planning, Development and Legislative Services;
25. That prior to final approval of all or any park of this subdivision. the OWNER
provides engineering drawings which include details of boulevard restoration for
Trussler Road (Regional Road 70) to the satisfaction of the Regional
Commissioner of Planning, Develaapmont and Legislative Services;
26.That prior to final approval of all or any part of the Plan of Subdivision, the
OWNER enters into an agreement with the Regional Municipality of Waterloo to
provide the n&pssary financial resources far any decorative street lighting that
may be proposed by the OWNER ove and above the Region's standard
illumination requirements along Bleams'Road (Regional Road 56);
27. That prior to final appTovaI of all or "Wpart of the Plan of Subdivision, the
OWNER enters into an agreernent with the Regional Municipality of Waterloo to
provide the necessary financial resources for any decorative street lighting that
may be proposed by the OWNER over and above the Region's standard
illumination requirements along Trussler Road (Regional Road 70);
28. That prior, to final approval of all or any part of this Plan of Subdivision, the
OWNER obtains'Regional Road Access Permits for the intersections of: Bleams
Road and Essex Road, Bleams Road and Isaiah Drive, Bleams Road and
George Israel `Street,
29. That prior to final approval of all or any part of this Plan of Subdivision, the
OWNER obtains a Regional Road Access Permit for the intersection of Trussler
Road and Rosenberg Way;
30. That Block 36, Stage 1 and Blocks 20 and 21, Stage 2 and Block 36, Stage 4 be
conveyed to the Regional Municipality of Waterloo at no cost and free of
Document Number: 4117002 Page 6 of 9
Page 148 of 336
encumbrance, concurrently with the registration of applicable stages of the Plan
of Subdivision, for road widening from the centreline of Bleams Road (Regional
Road 56);
31.That prior to final approval -of all or any part of this subdivision, the OWNER enter
into an agreement with the Regional Municipality of Waterloo to provide sufficient
certified funds for the following transit amenities for 10 transit stops along
Rosenberg Way and 2 transit stops along George Israel Street in order to provide
Grand River Transit services to this plan consisting of:
a. Transit landing pads (12);
b. Transit shelter pads (4); and
c. Transit shelters (4)
To the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services;
32. That prior to final approval of each stage;of,registration, the OWNER enters into
an agreement with the Regional Municipality' of,,W' erloo to grant any easements
as necessary, at no cost to the Region, for th,provision of transit amenities
within each stage, as noted in Condition 31 aboy,
33. That prior to final approval of all or any part of this Plan of Subdivision, the
Regional Municipality of Waterloo has the necessary land required within the
limits of the Plan of Subdivision to construct the necessary intersection
improvemenN a[ tate Bleams Road and Isaiah Drive intersection, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services,
-
f
34 That prior to appy "v of all or any parCof this Plan of Subdivision, the Regional
��'
Municipality ofWater o ,has the necessary land required within the limits of the
Plan of Subdi ion to construct the necessary intersection improvements at the
Eleams Roan and'Essex `Road, to the satisfaction of the Regional Commissioner
of Planning. Development and Legislative Services;
35.That prior to approval'of all or any part of this Plan of Subdivision, the Regional
Municipality of Wat'loo has the necessary land required within the limits of the
Plan of Subdivision to construct the necessary intersection improvements at the
Bleams Road`'and George Israel Street intersection, to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services,
36. That prior to final approval of all or any part of this Plan of Subdivision, the
OWNER agrees to provide for any road widening dedication along Bleams Road
and Trussler Road frontage and daylight triangles as identified in the
Environmental Assessment projects for Bleams Road and Trussler Road to the
Document Number: 4117002 Page 7 of 9
Page 149 of 336
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services;
37. That prior to final approval of all or any part of this Plan of Subdivision, the
OWNER agrees:
a. to provide a functional design and cost estimate for a southbound left -turn
lane with 70 metre storage length and appropriate tapers on Trussler
Road at Rosenberg Way;
In. that the Region of Waterloo has the necessary/physical and financial
resources to construct all required road improvements in 37.a) above; and
c. l hat conditions '37,a) and 7_b) above all be oulfilled.to the satisfaction of
ieh
the Regional Commissioner or Planning, Qevelop�iaaij�
tand Legislative
Services.
38. That prier to final approval of all or any part of this Plan of Subdivision, the
OWNER submits for review and approval any functional design and post
estimate for any interim Regional Read improvements including any left-hand
turn lames, right-hand turn lanes, appropriate starage lengths, and appropriate
tapers identified in associatiori With the Plan of Subdivision construction, to the
satisfaction of the Regional Cornmissloner of Planning, Development and
Legislative Services; 1 11
39. That prior to final approval of all or any part of this, Plan of Subdivision, the
Regional Municipality of Waterloo has the necessary physical and financial
resources to provide for any interim Fuad improvements identified in Condition 38
above, to the satisfaf-Jion of the Regional Commissioner of Planning, Housing
and Community Sei,vices;
40. That prior to final approval of all or part of this Plan of Subdivision, the OWNER
enters into an agreeme t�with the City of Kitchener and/or Regional Municipality
of Waterloo as necessary�to provide for implementation of the recommendations
contained in the report entitled "Rosenberg Secondary Plan Mattamy
Community, Preliminary Environmental Noise Assessment" (MTE Consultants,
July 6, 2018 and lasfrevised November 1, 2019 );
41.That, notwithstanding Condition 40 above, the OWNER enters into an agreement
with the Regional Municipality of Waterloo to complete a detailed noise study to
determine noise attenuation requirements for Multiple Residential Block 13, 14,
15,16, 17 Stage 2 and Block 1 Stage 3 and Blocks 31, 34, Stage 4 and Block 21,
Stage 5 that may be impacted by road and stationary noise, to the satisfaction of
the Regional Commissioner of Planning, Development and Legislative Services.
The detailed noise study must be completed prior to final Site Plan approval for
each identified block. Where appropriate, the lands shall be designed to avoid the
use of physical noise attenuation measures through appropriate site design and
setbacks;
Document Number: 4117002 Page 8 of 9
Page 150 of 336
a. Furthermore, the agreement shall include a provision to enter into an
amending agreement or new agreement with the City of Kitchener and/or
the Regional Municipality of Waterloo as necessary, to provide for
implementation of the noise attenuation requirements recommended in the
detailed noise study.
42. That prior to final approval of all or any part of this Plan of Subdivision, the
OWNER enters into an agreement with the Regional IVIL111i0ig)ality of Waterloo to
provide for installation of a 1.5m metre high chain-link fenive, at a minimum,
along:
- Block 1, Stage 3;
- Blocks 13 and 14, Stage 2,
Blocks 8, 9, 31 and 32 Stage 4;
Block 1 and 21, Stage 5; and,
Block 5, Stage 7.
Document Number: 4117002 Page 9 of 9
Page 151 of 336
30T-18201, KITCHENER GREEN
MATTAMY, GEHL & BLEAMS ROAD; ROSENBERG SECONDARY PLAN AREA
REGION OF WATERLOO ENVIRONMENTAL PLANNING — PROPOSED CONDITIONS OF
DRAFT APPROVAL
Correspondence from Ministry of Northern Development, Mines, Natural Resources and
Forestry (April 4, 2022) indicates the Ministry's acceptance of the status of the wetlands
identified as W1, W2 and W4 in the EIS as Provincially Significant Wetlands (and confirmed by
GRCA in correspondence dated June 17, 2022), and as such, these areas are now considered
to meet the Regional Official Plan (ROP) criteria for designation as Core Environmental
Features. The ROP mapping will be updated to reflect this with the next update to the natural
heritage features.
Wetland W4 is partially within the limits of Plan 30T-18201. The wetland (W4) is proposed to be
protected and a 30m buffer has been applied to the wetland which is comprised of a 15m 'no
touch' area directly adjacent to the wetland, and a 15m enhancement area outside of the no
touch area. The wetland and the associated buffer also incorporate components of the
Blanding's Turtle mitigation plan which is still under review with the MECP. Notwithstanding the
inclusion of a portion of wetland W4 and associated Blanding's Turtle enhancement within this
plan, regional environmental staff withdraw their objection to this plan proceeding to draft
approval based on confirmation from MECP (date ) that there are no concerns and/or
anticipated mitigation measures required which will impact the proposed draft plan (30T-18201).
Conditions of draft approval for the adjacent plan (30T-18202) will be withheld until MECP
accepts the proposed Blanding's Turtle Mitigation Plan.
The wetland identified as "W4" and the associated 30m buffer ("Open Space Block 37") located
in the southeastern portion of the subject lands should be placed in an appropriate Natural
Heritage Conservation Zone and corresponding designation which prohibits development
activities. There are no other Regionally -designated Core Environmental Features within the
limits of 30T-18201.
For the purposes of 30T-18201, environmental planning staff request the inclusion of the
following conditions of draft approval:
That the boundaries and buffers of the Core Environmental Feature (Provincially
Significant Wetland ("W4")) within the subject lands be interpreted as shown on Map 4a
of the Rosenberg Secondary Plan — Mattamy Community, Environmental Impact Study —
Update (Natural Resource Solutions Inc., December 2019).
2 That prior to final approval of all or any part of this plan of subdivision, the Core
Environmental Feature (Provincially Significant Wetland) and associated buffers on the
subject lands (Block 37, Open Space) be placed in suitable natural heritage
conservation zoning.
3. That prior to any land clearing, grading or construction on the subdivision lands, the
developer enter into an agreement with the Regional Municipality of Waterloo to indicate
that no clearing of vegetation on the site occur during the bird breeding season (May 1 -
July 31) in compliance with the Migratory Birds Convention Act unless it can be
ascertained by a qualified expert that no birds covered by the Act are observed to be
breeding in or adjacent to the affected area.
Document Number: 4121511
Page 152 of 336
4 That prior to any land clearing, grading or other site alteration, the developer ensures
compliance with the Endangered Species Act.
That prior to final approval or any land clearing, grading or construction on the subject
lands, the developer enter into an Agreement with the City of Kitchener to install fencing
along the southern limits of the subdivision consistent with the recommendations of the
Rosenberg Secondary Plan — Mattamy Community, Environmental Impact Study —
Update (Natural Resource Solutions Inc., December 2019) and the Blanding's Turtle
Mitigation Plan for the adjacent lands (30T-18202) to ensure the exclusion of Blanding's
Turtles from the subject property. Further, the Agreement should include the requirement
to develop and implement protocols to monitor for turtle activity during construction, and
to provide all personnel on site during construction with the protocols to follow in the
event a turtle is observed within the construction zone.
6 That prior to final approval, or any land clearing, grading or construction on the subject
lands, the developer enter into an Agreement with the City of Kitchener to install
permanent fencing along the outer limits of Block 37.
,r' That, prior to final approval of Stages 1, 2, 5 and 6 and any land clearing, grading, or the
installation of services, the developer submit a detailed erosion and sediment control
plan acceptable to the Regional Municipality of Waterloo, City of Kitchener and Grand
River Conservation Authority in order to prevent sedimentation into Blocks 37 and the
Core Environmental Feature located on the adjacent lands, south of the subject
property.
8. That, prior to final approval, the developer submit a detailed stormwater management
plan for the stormwater management facilities located within each stage to be registered
to the satisfaction of the City of Kitchener, Grand River Conservation Authority, and
Regional Municipality of Waterloo; further, that the stormwater management plan
includes, but is not limited to, measures required to sustain the flow of groundwater to
Core Environmental Features.
9. That, prior to final approval, the developer submit a Detailed Vegetation Management
Plan and a Natural Heritage Restoration and Enhancement Plan, in accordance with the
Rosenberg Secondary Plan — Mattamy Community, Environmental Impact Study —
Update (Natural Resource Solutions Inc., December 2019) which includes measures to
enhance connectivity of turtle habitats, vegetation loss compensation, permanent wildlife
fencing, wildlife corridor details, to the satisfaction of the Regional Municipality of
Waterloo and the City of Kitchener, and in consultation with Grand River Conservation
Authority.
10. That, prior to final approval of Stages 1, 2, 5 and 6, the developer submit landscaping
and planting plans for all buffer areas contiguous to the environmental features and for
the stormwater management facilities located within the stage to be registered, and that
recommended plantings shall consist of locally -appropriate, self-sustaining native
vegetation to the satisfaction of the Regional Municipality of Waterloo, the City of
Kitchener and the Grand River Conservation Authority.
11. That, prior to final approval of all or any part of this plan of subdivision, the developer
submit a detailed monitoring plan for the Core Environmental Feature and
buffer/enhancement area (Block 37, Stage 1) on the subject lands as outlined in the
Rosenberg Secondary Plan — Mattamy Community, Environmental Impact Study —
Update (Natural Resource Solutions Inc., December 2019) to the satisfaction of the
Regional Municipality of Waterloo, the City of Kitchener and the Grand River
Document Number: 4121511
Page 153 of 336
Conservation Authority. Furthermore, that the developer enter in an agreement with the
City of Kitchener to implement any required remedial action deemed necessary as a
result of the monitoring plan.
12. That, prior to final approval of all or any part of this plan of subdivision, the developer
provides a brochure and other information tools for new home purchasers and residents
which provides information about the natural heritage features within the subdivision,
along with advice about how they can be good stewards of these areas, and that the
brochure be to the satisfaction of the Regional Municipality of Waterloo. The developer
will be required to enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to distribute the approved stewardship brochure or other
comparable information tools to home purchasers.
Document Number: 4121511
Page 154 of 336
W w yr W C d S b _ c a
SAL
Walerloo Catholic
District School Board
October 22"d, 2018
Garett Stevenson, Planner
CSD — Planning Division
City of Kitchener, 6th Floor
200 King Street West, P.O. Box 1118
Kitchener, Ontario
N2G 4G7
Dear Garett Stevenson:
RE: Draft Plan of Subdivision Application 30T-18201 and Draft Plan of
Subdivision Application 30T-18202
Staff at the Waterloo Catholic District School Board (WCDSB) has reviewed the
subject applications and has the following comments:
The WCDSB is requesting a school site within 30T-18201 that meets the
following requirements:
4 Approximately 6 acres
• Regular shape (either a square or rectangle).
lb Frontage along two streets
We understand that this school site was not contemplated in the Secondary Plan.
However, due to increasing enrolment numbers and our most recent Education
Development Charge background study, we need two additional school sites
within the southwest area of Kitchener. We trust this request will not be difficult to
accommodate given that a neighborhood institutional zone was originally
proposed within the Rosenberg Secondary Plan, specifically within the limits of
this draft plan.
We would appreciate an opportunity to meet with you in person to discuss the
location of our school site within this draft plan of subdivision. We feel it would be
appropriate to invite the Waterloo Region District School Board to this meeting to
discuss how school accommodation will be handled within this area.
The WCDSB is open to several location and has identified some possibilities
below:
Location 1: Stage 3, Block 15 (currently designated as a 3.10ha park)
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 155 of 336
1. T-- i -d
Location 2: Stage 5, Land west of block 15 (currently designated as Blk 9, Blk 10,
Blk 11, BIk12, Blk 25, and a portion of street O).
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Location 3: Stage 4, Land at the corner of George Israel Street and Rosenberg
Way (currently designated as Blk 30, part of Blk 7,8, 11, 12,13, and 14, and a
portion of street C).
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 156 of 336
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Location 2: Stage 5, Land west of block 15 (currently designated as Blk 9, Blk 10,
Blk 11, BIk12, Blk 25, and a portion of street O).
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Location 3: Stage 4, Land at the corner of George Israel Street and Rosenberg
Way (currently designated as Blk 30, part of Blk 7,8, 11, 12,13, and 14, and a
portion of street C).
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 156 of 336
Regardless of the site, all standard WCDSB conditions of subdivision would
apply. We request that the City add these conditions to our school site:
That prior to final approval, the SUBDIVIDER agrees to provide the CITY'S
Director of Planning with a letter from the Waterloo Catholic District School
Board indicating that satisfactory arrangements have been made to acquire
Block —("the School Block") for school purposes. The School Block shall
contain not less than —hectares. (Block and hectares to be determined
and currently left blank intentionally).
2 That the SUBDIVIDER shall agree in the Subdivision Agreement, in wording
satisfactory to the Waterloo Catholic District School Board, to:
a. grade the School Block and in doing so compact, fill with clean
material, replace any topsoil disturbed in the grading process and
sod/seed the lands to the specifications determined by the Board;
13, remove all trees and buildings on the School Block as determined by
the Board;
c; remove stockpiled topsoil within 30 days of written notice by the
Board, and in doing so compact, fill with clean material, replace any
topsoil disturbed in the grading process and sod/seed the lands to
specifications determined by the Board;
(1, construct a 1.5 -meter -high black vinyl chain link fence, along all
boundaries of the School Block, with the exception of the road
frontage, to the specifications determined by the Board;
e. construct the fences prior to the issuance of building permits for any
lands abutting the School Block; and
f. provide the foregoing at no cost to the Board.
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 157 of 336
3 That the SUBDIVIDER shall submit to the Waterloo Catholic District School
Board, at no cost to the Board, a report from a qualified consultant
concerning:
,.i. the suitability of Block —for school construction purposes, relating
to soil bearing factors, surface drainage, topography and
environmental contaminants; and
t). the availability of natural gas, hydro, water supply, storm sewer and
sanitary sewer services adequate for the construction of an
elementary school.
4. That the SUBDIVIDER shall agree in the Subdivision Agreement in wording
acceptable to the Waterloo Catholic District School Board that the services
referred to in Condition 3(b) shall be installed to the mid -point of the frontage
of the elementary school site, or in a location otherwise determined by the
Board, at no cost to the Board.
5 That prior to final approval, the SUBDIVIDER shall submit to the Waterloo
Catholic District School Board for review and approval, a copy of the final
engineering plans as approved by the City of Kitchener which indicate the
storm drainage system and the overall grading plans for the complete
subdivision area.
6. That the Waterloo Catholic District School Board shall advise that conditions
1 to 5 have been met to its satisfaction. The clearance letter shall include a
brief statement detailing how each condition has been satisfied or carried
out.
7. That the following warning clause be included in all offers of purchase and
sale or lease/rental agreements for all residential dwelling units within this
plan until such time as a permanent school is assigned: "The Waterloo
Catholic District School Board advises all prospective purchasers and
tenants of residences within the Mattamy Community (30T-18201 and 30T-
18202) subdivision that unless the provincial funding model provides
sufficient funds to construct a new school, there can be no assurance as to
the timing of a new school construction nor a guarantee that an elementary
school will be provided within this subdivision notwithstanding the
designation of an elementary school site"
The following condition be added to the Waterloo Region District School Board
school block: "That prior to final approval, if the Waterloo Region District School
Board has elected to waive their interest in the elementary school site (Stage 3,
Block 16), that the Waterloo Catholic District School Board be provided the
opportunity to also acquire Stage 3, Block 16, subject to the same conditions of
approval, or provide notification in writing that interest in the site has been waived.
480 Dutton Drive • Waterloo Ontario Canada • N21L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 158 of 336
Lastly, students generated from the proposed development will be bussed to
Blessed Sacrament until a new school is built east of Gehl Place and west of
Fischer Hallman Road. The WCDSB is requesting sidewalks on both sides of all
streets to be constructed and maintained year round from the community to the
School Board property line.
If you have any questions regarding our comments, please contact the
undersigned.
Sincerely,
Mapreet Sian, BSc., MSc. Planning
Planning Officer
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 159 of 336
W w yr w c d s b c a
Waterloo Catholic
DistrLrl School Board
January 9th, 2018
Garett Stevenson, Planner
CSD — Planning Division
City of Kitchener, 6th Floor
200 King Street West, P.O. Box 1118
Kitchener, Ontario
N2G 4G7
Dear Garett Stevenson:
RE: Draft Plan of Subdivision Application 30T-18201 and Draft Plan of
Subdivision Application 30T-18202
Staff at the Waterloo Catholic District School Board (WCDSB) has reviewed the
subject applications and has the following comments:
The WCDSB is requesting a school site within 30T-18201 that meets the
following requirements:
Approximately 6 acres
Regular shape (either a square or rectangle).
4P Frontage along two streets
We understand that this school site was not contemplated in the Secondary Plan.
However, due to increasing enrolment numbers and our most recent Education
Development Charge background study, we need two additional school sites
within the southwest area of Kitchener, one of which we are requesting in this
area.
We trust this request will not be difficult to accommodate given that a
neighborhood institutional zone was originally proposed within the Rosenberg
Secondary Plan, specifically within the limits of this draft plan. This neighborhood
institutional zone has since been removed and is missing from in the current
provided plan. The WCDSB is requesting this institutional zone be added back
into the Rosenberg Secondary Plan for the purpose of a Catholic elementary
school.
The WCDSB is open to several locations and has identified some possibilities
below:
Location 1: Stage 5, Land west of block 15 (currently designated as Blk 9, Blk 10,
Blk 11, Blk12, Blk 25, and a portion of street O).
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 160 of 336
rypiryyy� Y I+wdl+'.•
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'M
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.. i<Z!1< i 5TNEI P
Location 2: Stage 4, Land at the corner of George Israel Street and Rosenberg
Way (currently designated as Blk 30, part of Blk 7,8, 11, 12,13, and 14, and a
portion of street C).
R
"M
These 2 location are preferred suggestions, and other available location imitating
these sites will also be acceptable for the purpose of a school site.
Regardless of the site, all standard WCDSB conditions of subdivision would
apply. We request that the City add these conditions to our school site:
1. That prior to final approval, the SUBDIVIDER agrees to provide the CITY'S
Director of Planning with a letter from the Waterloo Catholic District School
Board indicating that satisfactory arrangements have been made to acquire
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 161 of 336
Block —("the School Block") for school purposes. The School Block shall
contain not less than _ hectares. (Block and hectares to be determined
and currently left blank intentionally).
. That the SUBDIVIDER shall agree in the Subdivision Agreement, in wording
satisfactory to the Waterloo Catholic District School Board, to:
a. grade the School Block and in doing so compact, fill with clean
material, replace any topsoil disturbed in the grading process and
sod/seed the lands to the specifications determined by the Board;
b. remove all trees and buildings on the School Block as determined by
the Board;
c- remove stockpiled topsoil within 30 days of written notice by the
Board, and in doing so compact, fill with clean material, replace any
topsoil disturbed in the grading process and sod/seed the lands to
specifications determined by the Board;
d construct a 1.5 -meter -high black vinyl chain link fence, along all
boundaries of the School Block, with the exception of the road
frontage, to the specifications determined by the Board;
e. construct the fences prior to the issuance of building permits for any
lands abutting the School Block; and
t. provide the foregoing at no cost to the Board.
3. That the SUBDIVIDER shall submit to the Waterloo Catholic District School
Board, at no cost to the Board, a report from a qualified consultant
concerning:
a. the suitability of Block —for school
to soil bearing factors, surface
environmental contaminants; and
Ix the availability of natural gas, hydro,
sanitary sewer services adequate
elementary school.
construction purposes, relating
drainage, topography and
water supply, storm sewer and
for the construction of an
4. That the SUBDIVIDER shall agree in the Subdivision Agreement in wording
acceptable to the Waterloo Catholic District School Board that the services
referred to in Condition 3(b) shall be installed to the mid -point of the frontage
of the elementary school site, or in a location otherwise determined by the
Board, at no cost to the Board.
5. That prior to final approval, the SUBDIVIDER shall submit to the Waterloo
Catholic District School Board for review and approval, a copy of the final
engineering plans as approved by the City of Kitchener which indicate the
storm drainage system and the overall grading plans for the complete
subdivision area.
6. That the Waterloo Catholic District School Board shall advise that conditions
1 to 5 have been met to its satisfaction. The clearance letter shall include a
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 162 of 336
brief statement detailing how each condition has been satisfied or carried
out.
That the following warning clause be included in all offers of purchase and
sale or lease/rental agreements for all residential dwelling units within this
plan until such time as a permanent school is assigned: "The Waterloo
Catholic District School Board advises all prospective purchasers and
tenants of residences within the Mattamy Community (30T-18201 and 30T-
18202) subdivision that unless the provincial funding model provides
sufficient funds to construct a new school, there can be no assurance as to
the timing of a new school construction nor a guarantee that an elementary
school will be provided within this subdivision notwithstanding the
designation of an elementary school site"
The following condition be added to the Waterloo Region District School Board
school block: "That prior to final approval, if the Waterloo Region District School
Board has elected to waive their interest in the elementary school site (Stage 3,
Block 16), that the Waterloo Catholic District School Board be provided the
opportunity to also acquire Stage 3, Block 16, subject to the same conditions of
approval, or provide notification in writing that interest in the site has been waived.
If you have any questions regarding our comments, please contact the
undersigned.
Sincerely,
Ma_n i-eet Sia;r
Mapreet Sian, BSc., MSc. Planning
Planning Officer
480 Dutton Drive • Waterloo Ontario Canada • N2L 4C6
Telephone: 519.578.3660 • Fax: 519.884.6635
Page 163 of 336
ood Aff r
c
January 3, 2019
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N 1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Garett Stevenson, Planner
Development Services Department - Planning
City of Kitchener, City Hall
P.O. Box 1118, 200 King Street West
Kitchener, Ontario N2G 4G7
OR: 30T-18201 and 30T-18202
Pe. Notice of Draft Plan of Subdivision Application 30T-18201, Official Plan
Amendment Application OP18/005/B/GS and Zoning By-law Amendment
ZBA18/006/B/GS for Bleams Road "Application 1", Bleams Road and Trussler
Road, City of Kitchener
Draft Plan of Subdivision Application 30T-18202, Official Plan Amendment
Application OP18/006/G/GS and Zoning By-law Amendment ZBA18/007/GIGS for
161 Gehl Place "Application 2", City of Kitchener
Kitchener Green Ltd. & 2079546 Ontario Inc.
Dear Mr. Stevenson:
In consideration of the above noted applications, the Grand River Conservation Authority
(GRCA) has now undertaken a preliminary review of the following supporting materials:
• Draft Plan of Subdivision (30T-18201), prepared by SGL Planning and Design Inc.,
signed June 28, 2018
Draft Plan of Subdivision (30T-18202), prepared by SGL Planning and Design Inc.,
signed June 28, 2018
Area 5 Lands Functional Drainage Study (Upper Strasburg Creek Subwatershed),
prepared by MTE Consultants Inc. and Natural Resource Solutions Inc., dated August
31, 2018
Rosenberg Secondary Plan - Mattamy Community, Environmental Impact Study (EIS),
prepared by Natural Resource Solutions Inc., dated July 2018
Preliminary Stormwater Management (SWM) Report, prepared by MTE Consultants Inc.,
dated July 6, 2018
■ Hydrogeology Study, prepared by MTE Consultants Inc., dated July 6, 2018
• Functional Servicing Report, prepared by MTE Consultants Inc., dated July 6, 2018
■ Geotechnical Recommendations - Proposed Residential Subdivision, Rosenberg Area 2
Lands, Kitchener, Ontario, prepared by DS Consultants Ltd., dated June 12, 2018
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River
Page 164 of 336
Based on our review of the EIS, it is our understanding that the applicant is proposing the
removal of four wetlands within the boundaries of Draft Plan of Subdivision 30T-18201 (referred
to as W5, W6, W7 and a wet depression), as well as one wetland within the boundaries of Draft
Plan of Subdivision 30T-18202 (referred to as W3). However, the assessment in the EIS of
whether they meet GRCA requirements for removal is not complete:
EIS Section 7.1.1 notes that, "Under the General Habitat Description for Blanding's
Turtle (MNRF 2017b), W5 may qualify as Category 2 habitat, although it has not been
confirmed by the MNRF to date" (page 44).
• EIS Section 7.2.1 notes that, "Under the General Habitat Description for Blanding's
Turtle (MNRF 2017b), this wetland [W3] may qualify as Category 2 habitat, although it
has not been confirmed as Blanding's Turtle Habitat by the MNRF, to date" (page 59).
Based on the information above, we believe it is premature to propose development within the
natural features until it has been confirmed by the Ministry of Natural Resources and Forestry
(MNRF) whether the wetlands are considered habitat for Blanding's Turtle and/or significant
wildlife habitat, and the EIS is updated to demonstrate that they can meet GRCA policies for
removal. We understand that MNRF is requesting additional information to review under the
Endangered Species Act (ESA). The EIS should be amended to address our above comments
and include the MNRF interpretation of the ESA.
At this time we can offer the following preliminary comments on the above noted applications.
Please consider these comments preliminary in nature as we may have additional comments
upon receipt of a response and following a more comprehensive review.
1. Section 2.4 of the Hydrogeology Study (pages 6-7) notes that infiltration testing was
undertaken for SWMF1 (TL1, TL2, TL3 and TL4) and SWMF2 (Area 1 and Area 2), with
reference to Appendix F for infiltration testing outcomes. Appendix F only includes
outcomes for testing at SWMF1. Results of infiltration testing for SWMF2 are also
required for review.
2. A monthly breakdown of the water balance is needed to demonstrate that the infiltration
targets will be met considering the winter bypass for infiltration basins. Based on our
review of the Preliminary SWM Report, we understand that the water balance
calculations provided in Tables 5.8 and 5.9 are based on continuous modeling. The
monthly breakdown should demonstrate that the model was run for all months to identify
pre -development conditions, and only during non -winter months to identify post -
development conditions.
`?. The recommended wetland buffers in the EIS are inconsistent with the recommendations
for a minimum 30 metre buffer (development setback limits) in the Alder Creek
Watershed Study and Upper Strasburg Creek Subwatershed Plan Update (CH2M Hill
and North-South Environmental Inc., 2008) and the Rosenberg Secondary Plan. EIS
Page 165 of 336
Section 5.6 (Buffers) notes a 15 metre no -touch buffer is required and recommends a 30
metre habitat enhancement buffer (page 39). It is noted that proposed Street X (north -
south from subdivision 30T-18201 to 30T-18202) encroaches within the 30 metre buffer
to wetland W4 and a proposed public walkway encroaches into the 30 metre buffer to
wetland W1. The overall collective extent of the buffers should be applied to protect the
form and function of the feature and species present.
4 It is our understanding that the wetlands referred to as W5, W6, W7 and the wet
depression in the EIS are within an area currently licensed under the Aggregate
Resources Act. We request clarification on what stage the license will be surrendered
and if any modifications are required to the restoration plans based on the proposed
applications.
F. EIS Sections 7.1.1 and 7.2.1 make general statements that wetlands W3, W5, W6, W7
and the wet depression do not meet any of the criteria in Section 8.4.4 of the GRCA
Consolidated Policies for Implementing Ontario Regulation 150/06. To help facilitate our
review, each wetland proposed for removal should be individually screened in the EIS to
demonstrate how they meet each of the criteria in Section 8.4.4 of our policies.
Additionally, we have a minor editorial comment:
6. The reports reviewed reference different wetland naming (e.g. the EIS identifies wetland
W5 as the small wetland north of the woodland; whereas the Preliminary SWM Report
and Functional Servicing Reports identify Wetland W5 located at the southeast corner of
the property within the Stamm Subdivision), as well as different terms for the areas being
referenced. This can be followed when reviewing the reports individually; however, it
becomes confusing when cross-referencing reports. We recommend that future reports
develop a consistent naming standard for clarification of areas being referenced.
Once the above preliminary comments have been addressed, we can review and provide
comprehensive comments on the Draft Plans of Subdivision, Official Plan Amendments and
Zoning By-law amendments.
We can confirm receipt of the subdivision fees (70% of the base fee and per net hectare fee) of
$21,000 for 30T-18201 and $11,243.89 for 30T-18202. The remaining 30% subdivision base
and per net hectare fee will be requested prior to issuance of conditions of draft plan approval.
Page 166 of 336
We look forward to a response to our comments. Please contact the undersigned at 519-621-
2763 ext. 2319 or thughes@grandriver.ca if you have any questions.
Sincerely,
- ;- lkleA- 4/'N-Ot7)
Trisha Hughes
Resource Planner
Via email: Barbara Steiner, City of Kitchener
Jane Gurney, Region of Waterloo
Peter Ellis, Region of Waterloo
Shilling Yip, Region of Waterloo
David Marriott, Ministry of Natural Resources and Forestry
Graham Buck, Ministry of Natural Resources and Forestry
Page 167 of 336
Ministry of Natural
Resources and Forestry
Guelph District
1 Stone Road West
Guelph, Ontario
N 1 G 4Y2
November 2, 2018
Garett Stevenson - Planner
Minist&re des Richesses
naturelles et des Forets
Telephone: (519) 826-4955
Facsimile: (519) 826-4929
Development Services Division, Planning
Kitchener City Hall, 6th Floor
200 King Street West, P.O Box 1118
Kitchener, ON N2G 4G7
Ontario
Re: Bleams Road "Application 1" and Gehl Place "Application 2" Draft Plans of Subdivision,
Official Plan Amendment applications, and Zoning By-law Amendment applications
Mattamy Homes, B & B Kieswetter Excavating Inc., Select Sand and Gravel Ltd., and
Kieswetter Holdings Ltd.
1801 and 1873 Bleams Road and 161 Gehl Place, City of Kitchener, Regional of Waterloo
MNRF Comments
Mr. Stevenson,
The Ministry of Natural Resources and Forestry (MNRF) Guelph District Office can confirm receipt of the
Draft Plan of Subdivision, Official Plan Amendment, and Zoning By-law Amendment applications for
Bleams Road (Application 1) and 161 Gehl Place (Application 2) in the City of Kitchener. These
applications are supported by the Rosenberg Secondary Plan — Mattamy Community Environmenta
Impact Study (EIS) dated July 2018, and draft plans. The MNRF has completed our review of the
applications and supporting documents, and can offer the following technical comments for the City's
consideration.
MNRF Comments
As noted in the EIS, the majority of the subject lands are currently licensed under the Aggregate
Resources Act (ARA). Please note that these licenses must be surrendered to the MNRF prior to
any development commencing on the subject lands that would be inconsistent with the
approved site plans. For further comment on the ARA, including the information required to
support the surrender of the licenses, it is recommended that the applicants contact Diane
Schwier (Aggregates Technical Specialist) at 519-826-4930 or at diane.schwier@ontario.ca.
Page 46 of the EIS provides a description of the direction the proponent will take with respect
to Blanding's Turtle. In addition, the same section of the report provides some of the potential
mitigation that will be used. Additional details on the proposed mitigation measures are
provided on maps 5 and 6. Their recommended approach is consistent with how MNRF has
been engaged in the past. MNRF recommends that the proponent engage with MNRF staff as
To meet with our staff please be sure to call ahead and make an appointment.
For general information visit: www.mnr.gov.on.caorwww.ontario.ca
Page 168 of 336
soon as possible to discuss the proposed mitigation and potential Endangered Species Act (ESA)
requirements.
MNRF is undertaking a review of the wetlands and the potential for the Strasburg 1 wetland to
be upgraded to provincially significant wetland (PSW). Staff notes that the observation of
Blanding's Turtle in W4 would result in the evaluated non-PSW being changed to PSW and the
addition of W4 to the complex. The addition of wetland unit W3 to the PSW is not justified as
the wetland is small (< the 0.5 hectare minimum) and there is not sufficient reason for inclusion
into the complex.
I hope the above technical comments on the ARA and the ESA will help to inform your review. Please
contact Dave Marriott at david.marriott@ontario.ca or 519-826-4926 if further comment or clarification
is required.
Regards,
Tara McKenna, District Planner
Ministry of Natural Resources and Forestry, Guelph District
1 Stone Road West
Guelph, ON, NIG 4Y2
Phone: (519) 826-4926
cc: Graham Buck, MNRF
David Marriott, MNRF
Diane Schwier, MNRF
Page 169 of 336
Ministry of Natural
Resources and Forestry
Guelph District
1 Stone Road West
Guelph, Ontario
NIG 4Y2
November 19, 2018
Garett Stevenson - Planner
Minist&re des Richesses
naturelles et des Forets
Telephone: (519) 826-4955
Facsimile: (519) 826-4929
Development Services Division, Planning
Kitchener City Hall, 6th Floor
200 King Street West, P.O Box 1118
Kitchener, ON N2G 4G7
Ontario
Re: Bleams Road "Application 1" and Gehl Place "Application 2" Draft Plans of Subdivision,
Official Plan Amendment applications, and Zoning By-law Amendment applications
Mattamy Homes, B & B Kieswetter Excavating Inc., Select Sand and Gravel Ltd., and
Kieswetter Holdings Ltd. - 1801 and 1873 Bleams Road and 161 Gehl Place, City of Kitchener,
Region of Waterloo - MNRF Comments
Mr. Stevenson,
The Ministry of Natural Resources and Forestry (MNRF) Guelph District Office previously provided
technical comments to the City on November 2, 2018, regarding the subject planning applications. As
discussed, we would like to take this opportunity to provide the City with the following supplementary
comments on the Environmental Impact Study (EIS) that has been submitted in support of the
applications. These comments build on our previous Endangered Species Act (ESA) technical comments,
and are intended to provide the City and the project team with clarification on the potential
implications of the Act moving forward.
MNRF Comments
• Blanding's Turtle is listed as threatened under the ESA, and the species receives both individual and
general habitat protection under the Act. The general habitat description (GHD) for Blanding's
Turtle details how the species habitat has been categorized, in accordance with the policy
'Categorizing and Protecting Habitat under the Endangered Species Act.
The EIS correctly notes that the wetlands within the subject lands were not identified by the MNRF
as habitat for Blanding's Turtle at the time of the reporting. It is important to note, however, that
habitat mapping for species at risk are considered open files. The Blanding's Turtle GHD directs that
all suitable wetlands or waterbodies within 2 km from an occurrence, and those features that are
within 500 meters of each other, are protected as Category 2 habitat. It is understood that an
individual Blanding's Turtle was observed on the subject lands (in wetland W4) in 2018. Based on
this observation and the direction in the GHD, the MNRF can confirm that Blanding's Turtle
Category 2 habitat is present on the subject lands. This includes wetland W4, where the turtle was
observed, and all other suitable wetlands that would meet the Category 2 habitat description in the
To meet with our staff please be sure to call ahead and make an appointment.
For general information visit: www.mnr.gov.on.caorwww.ontario.ca
Page 170 of 336
GHD. The areas between these Category 2 habitats that would provide movement corridors for
Blanding's Turtles are also protected as Category 3 habitat.
It is recommended that the project team submit an ESA Information Gathering Form (IGF) to the
province that addresses Blanding's Turtle. The purpose of the IGF is to provide the necessary
information to inform whether or not the proposed activity will likely contravene the ESA, and
whether an authorization under the Act may be required. The IGF will need to account for any
potential adverse impacts to individual Blanding's Turtles and any potential adverse impacts to the
species described Category 2 (e.g. wetland removal) or 3 habitats, which may result from the
proposed development. This information will be important to inform the potential implications of
the ESA for the proposed development.
We hope that the supplementary technical comments on the ESA will help to inform the City's review of
the subject planning applications.
Please contact the undersigned if further comment or clarification is required.
Regards,
Dave Marriott, District Planner
Ministry of Natural Resources and Forestry, Guelph District
1 Stone Road West
Guelph, ON, NIG 4Y2
Phone: (519) 826-4926
cc: Graham Buck, MNRF
Barb Steiner, City of Kitchener
Page 171 of 336
Ministry of Northern Development, Ministere Du Developpement du Nord, des Mines,
Mines, Natural Resources des Richesses naturelles
and Forestry et des Forets
Land Use Planning and Strategic Issues Section de I'amenagement du territoire et des
Section questions strategiques
Southern Region Region du Sud
Regional Operations Division
300 Water Street
Peterborough, ON K9J 3C7
Tel.: 705 761-4839
April 4, 2022
Division des operations regionales
300, rue Water
Peterborough (ON) K9J 3C7
Tel.: 705 761-4839
2079546 Ontario Limited
C/o Brad Trussler
433 Steeles Ave E. Suite 110
Milton, ON L9T 8Z4
Ontario Q
SUBJECT: Re-evaluation of the Strasburg 1 Wetland Complex
City of Kitchener, Regional Municipality of Halton
Dear Brad Trussler,
The Ministry of Northern Development Mines, Natural Resources and (NMNRF) has
reviewed and confirmed the re-evaluation for the Strasburg 1 Wetland Complex
undertaken by Natural Resource Solutions Incorporated on behalf of Mattamy Homes
(2079546 Ontario Limited). The re-evaluation resulted in a change in the status of the
wetland from non -provincially significant to provincially significant.
The Strasburg 1 wetland complex is situated in the west portion of the City of Kitchener,
south of Highway 7 in parts of Lot 1, 41 and Lot 1, 42, German Company Tract,
Waterloo. Note that the updated wetland boundary is available for download through
Land Information Ontario (LIO) and can be viewed through the NDMNRF's Natural
Heritage "Make a Map" program https://www.ontario.ca/page/make-natural-heritage-
area-map.
If you have any questions regarding the wetland complex or the specific wetland unit on
your property, please do not hesitate to contact Lisa Solomon, Management Biologist,
at 437-247-6500 or lisa.solomon@ontario.ca. Upon request, the wetland evaluation can
also be emailed to you in a pdf format.
Page 172 of 336
Sincerely,
Suzanne Robinson
A/ Strategic Project Supervisor
Land Use Planning and Strategic Issues Section
Ministry of Northern Development, Mines, Natural Resource and Forestry
Page 173 of 336
November 2, 2018
Garett Stevenson, BES, RPP, MCIR
Planner
City Hall, P.O. Box 1118
200 King Street West
Kitchener, Ontario, Canada, N213 4G7
Dear Garrett:
Re: Draft Plan of Subdivision Application 30T-18201
Official Plan Amendment Application OP1810051B/GS
Zoning By-law Amendment ZBA18/006/B/GS
Bleams Road "Application 1"
8
Draft Plan of Subdivision Application 30T-18202
Official Plan Amendment Application OP18/006/G/GS
Zoning By-law Amendment ZBA18/007/GIGS
161 Gehl Place "Application 2"
Kitchener Green Ltd. 8r 2078546 Ontario Inc.
Waterloo Region District School Board Planning staff has reviewed the submission for approval
of the aforementioned draft plans of subdivision and provide the following comments:
The proposed elementary school site/park campus is well situated and will enable the Board to
service the applicant's subdivisions as well as the surrounding lands of the Rosenberg and
Trussler North Communities. In that regard, the proposed school location is favoured over the
original Rosenberg Community Plan concept.
The Board appreciates having had the opportunity to work with the City and the consultant for
the applicant to develop the school and park campus shown in the plan. The Block 16 school
parcel contains 3.0 hectares, which is slightly more than the Board's required minimum area of
2.83 ha. (7.0 acres); however, its larger size will enable partner uses on the property that may
Include childcare and EarlyON centres similar to those proposed in Huron South.
The layout shares sufficient side yard with the adjacent park to permit overlapping and
complementary facilities. Accesses to the campus are also well accommodated with
uninterrupted street frontages on the north and east. Since the final design of the park and
school blocks may be subject to further consultation regarding site constraints (such as
topography), any modifications to the preliminary grading and servicing plans will need to be
understood to further develop concepts for this campus.
51 Ardett Avenue
is M Kitchener, ON N2C 2R5
T: 519.570-0003
F: $19742-1364
wrdsb ca
in rRC[A".OII COM. WRM ® IMAA0R:4M COM/WR .use
if 1N+fitR COWWROU O TOWLILCOMMOS09IM
Page 174 of 336
The applicant has indicated in the planning justification report that the plan will be staged from
east to west, with the school park site comprising a portion of stage 3. The Board asks that each
stage be required to confirm that adequate school capacity is located nearby to service the
proposed dwelling units. In the event this cannot be satisfied, the school block should be
advanced and an agreement entered into to convey the block to enable the construction of
additional school accommodation.
No stages beyond Stages 1 and 2 should be registered unless the Board has cleared its
accommodation concerns or has an acceptable Agreement of Purchase and Sale from the
landowner to convey the property.
It is further requested,
1) That the following conditions of draft plan approval be imposed upon the subject plan of
subdivision to satisfy the requirements of the Waterloo Region District School Board (the
"Board"):
a) The elementary school block (the "School Site") be zoned (1) or (1-1)
Neighbourhood Institutional;
b) The School Site be developed and registered within Stage 2 or 3 of the plan,
concurrent with the registration of the streets upon which it fronts;
c) Prior to the registration of any stage after Stages 1 and 2, the owner shall have
entered into an Agreement satisfactory to the Waterloo Region District School
Board for the transfer of the School Site.
2) That prior to final approval, the owner shall submit to the Board a report from a qualified
consultant confirming:
a) the suitability of the School Site for school construction purposes, with particular
regard to soil bearing capacity, surface drainage, stormwater management,
topography and environmental contaminants;
b) the final engineering plans as approved by the City of Kitchener which identify
the storm drainage system that will service the School Site and the overall
grading plans for the complete subdivision area, and,
c) the availability and sufficiency of natural gas, electrical, telephone, data. and
television cable (including fiber optic), water, storm and sanitary sewer services,
intended to service the School Block
3) If the Board has elected to waive its interest in the School Site, the Waterloo Catholic
District School Board shall also have the opportunity to acquire the block, subject to the
Page 2
Page 175 of 336
same terms and conditions of approval, unless it has given notification in writing that its
interest has similarly been waived.
Additionally, the Board requires,
4) That the City of Kitchener and prospective purchasers of property and tenants within the
plan be advised that,
notwithstanding the designation of a School Site, unless the Ontario education
funding model provides sufficient funds to construct new schools, there can be
no assurance as to the timing of new school construction nor a guarantee that
elementary school accommodation will be provided within the subject plan.
5) That the owner supply, erect, and maintain a sign (at its expense and according to the
Board's specifications) affixed to the permanent development sign for the plan advising
prospective residents that students may be directed to schools outside the
neighbourhoods within the plan;
6) That the owner agree in the Subdivision Agreement to notify all purchasers of residential
units and/or renters of same, by inserting the following clauses in all offers of Purchase
and Sale/Lease, until such time as a permanent school is assigned:
"Whereas the Waterloo Region District School Board may designate this
subdivision as a Development Area for the purposes of school accommodation,
and despite the best efforts of the Board, sufficient accommodation may not be
available for all anticipated students. You are hereby noted 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."
The Board encourages the provision of internal walkways/bike paths throughout the community
to reduce walking distances and to optimize the safe travel of students to the proposed school
site.
Sincerely,
Shawn Callon) Principal Planner)IP annirr_q_I2e.partmrant
cc. Nathan Hercanuck
Lindsay Ford
Brad Trussler
Page 3
Page 176 of 336
art (;TOWNSHIP PUBLIC WORKS &
OF WILMOT ENGINEERING
60 Snyder's Road West, Baden, ON N3A 1A1
Public Works -Engineering Department
T: 519-634-8444
F: 519-634-5044
Email: engineering@wilmot.ca
INTERNAL MEMORANDUM
TO: Harold O'Krafka
CC: Jeff Molenhuis
Alastair Duncan
PREPARED BY: Mark Jeffery
DATE: December 19, 2018
RE: Mattamy Development Lands - Kitchener
Thank you for the opportunity to comment on the Traffic Impact Study, Functional Servicing
Report and Preliminary SWM Report for the above noted development. We offer the following
comments:
Traffic Impact Study
1 Recommend the applicant re-evaluate the traffic patterns at the intersection of Trussler
Road and Rosenberg Way closer to final build out, as the connection to Trussler Road is
not proposed until 2031. We make this request based on the following:
i. At full build out, Trussler/Rosenberg is expected to operate with high delays for
left turn movements.
ii. Further analysis also found that the justification for signals was not met.
iii. The study concludes that since other traffic routes are available, the congestion
at Trussler Road and Rosenberg Way is not a concern. However, the additional
traffic will be rerouted to Bleams Road and Trussler Road where the same
issue is occurring as the study forecast has indicated the westbound left turning
traffic from Bleams Road to Trussler Road will also operate with high delays.
2. Due to the proposed vertical re -alignment of Trussler Road, please confirm the new profile
will not negatively impact existing driveways and will match into the existing road profile
south of Rosenberg Way. Please refer to Lot Grading Plan No. 1, Dwg. No. AG1.1.
Wilmot is a cohesive, vibrant and welcoming countryside community wilmot.ca
Page 177 of 336
TOWNSHIP
.s ". ' OF WILMOT
Functional Servicing Report
Page 2 of 2
Mattamy Development Lands - Kitchener
December 19, 2018
-1. Confirm existing private wells located within close proximity to the proposed subdivision
will not be affected.
2. Applicant is to pursue a legal outlet for any storm runoff tributary to either of the two
existing culverts located on Trussler Road that outlet westerly into the Township of
Wilmot.
3 In lieu of pursuing a legal outlet for storm water runoff, the applicant may wish to
investigate the possibility of intercepting surface runoff from rear lots proposed to drain to
Trussler Road and direct this surface runoff to a proposed storm sewer internal to the
development.
Preliminary SWM Report
1. No comment.
Wilmot is a cohesive; vibrant and welcoming countryside community
wilmot.ca
Page 178 of 336
Garett Stevenson
From:
Garett Stevenson
Sent:
Friday, December 21, 2018 1:41 PM
To:
'Harold O'Krafka'
Cc:
BMacKinnon@regionofwaterloo.ca
Subject:
RE: Mattamy
Hi Harold,
Thanks for your comments. The alignment of Rosenberg Way was established through the secondary plan
process which was supported by a comprehensive transportation analysis. Once I have comments from all
agencies and departments, we can discuss further.
Thanks,
Garett
From: Harold O'Krafka <harold.okrafka@Wilmot.ca>
Sent: Friday, December 21, 2018 9:10 AM
To: Garett Stevenson <Garett.Stevenson@kitchener.ca>
Cc: BMacKinnon@regionofwaterloo.ca; Engineering <engineering@Wilmot.ca>
Subject: Mattamy
Thank you for the circulation of 30T-18201 and 30T-18202.
Attached are the comments of our Public Works Department.
In addition, Development Services offers the following comment for consideration.
As you are aware Trussler Road represents the Countryside Line, a hard edge to future urban growth of the City of
Kitchener. The Township is of the opinion that in order to respect the Countryside Line it is important to incorporate
design components to highlight that there is no intention to further expand urban development westerly beyond
Trussler.
A similar design was requested and implemented along the Wilmot Line in the design of Waterloo Westside
subdivisions.
As such, the Township requests consideration of backlotting the development to Trussler Road without a physical road
connection to Trussler. In our opinion Rosenberg Way should terminate at Street B. Access from this development to
Trussler Road via Bleams Road is reasonable in our opinion.
If emergency access is a concern within the design we would suggest limiting the connection of Rosenberg Way to that
of an emergency access controlled by gates.
By copy of this comment to the Region of Waterloo we are requesting that they give consideration to this request as
well given Trussler Road is a Regional Road and access thereto is controlled by the Region of Waterloo.
I trust these comments are of assistance. We would ask that you please ensure that the Township of Wilmot is included
in any future correspondence regarding these proposed plans.
Page 179 of 336
Thank you.
Harold
Harold O'Krafka, MCIP, RPP
Director of Development Services
60 Snyder's Road West, Baden, ON N3A 1A1
P. 519. 634.8519 x 236 1 F. 519.634.50441 Toll. 1.800.469.5576 1 TTY. 519.634.5037
www.wilmot.ca I Follow us on Twitter @WilmotTownship
Wilmot is a cohesive, vibrant and welcoming countryside community.
WILMOT STATEMENT OF CONFIDENTIALITY: This electronic transmission, including any attached document(s), may contain information that is privileged, confidential
or otherwise protected from disclosure under applicable law and is for the sole use of the intended recipient(s). If the receiver of this information is not the intended recipient, or
the employee/agent responsible for delivering the information to the intended recipient, you are hereby notified that any use, reading, dissemination, distribution, copying or
storage of this information is strictly prohibited. If you have received this information in error, please notify the sender by return email and delete the electronic transmission,
including all attachments from your system. Ifyou have received this message as part of corporate or corrunercial communications and wish not to receive such please send a
request to unsubscribeawilmot.ca
Page 180 of 336
Garett Stevenson
From: Harold O'Krafka <harold.okrafka@Wilmot.ca>
Sent: Friday, November 13, 2020 1:52 PM
To: Garett Stevenson
Cc: Nathan Wilkinson
Subject: [EXTERNAL] RE: Department - Agency Re -Circulation 30T-18201 & 30T-18202
(Mattamy)
Hi Garett
Just a quick note to confirm that our only requested condition of draft approval remains the same.
The Township of Wilmot requests "the circulation of the engineering drawings for the reconstruction of Trussler Road,
south of Bleams Road, to ensure entrances providing access to existing properties on the west side of Trussler Road,
have been considered and incorporated into the design. A review fee of $500 is required by Wilmot Township at time of
drawing submission."
Please forward the conditions of Draft Approval when same are approved.
Thanks and have a great weekend.
Regards
Harold
Harold O'Krafka MCIP RPP
Director of Development Services
From: Garett Stevenson <Garett.Stevenson@kitchener.ca>
Sent: Tuesday, October 27, 2020 7:50 PM
To: 'Peter Ellis' <PEIlis@regionofwaterloo.ca>; Jonn Barton<jonn.Barton@kitchener.ca>;'Jane Gurney'
<JGurney@regionofwaterloo.ca>; Jason Brule <Jason.Brule@kitchener.ca>; 'Marriott, David (MNRF)'
<David.Marriott@ontario.ca>; 'Graham.Buck@ontario.ca' <Graham.Buck@ontario.ca>; 'Shawn Callon'
<shawn_callon@wrdsb.ca>; Harold O'Krafka<harold.okrafka@Wilmot.ca>;'BERE, Jamie'
<james.bere@ca nada post. postescanada.ca>; Victoria Grohn <Victoria.Grohn@kitchener.ca>; 'McKenna, Tara (MNRF)'
<Tara.McKenna @ontario.ca>;'Bishmita.Parajuli@HydroOne.com'<Bishmita.Parajuli@HydroOne.com>;
'Meaghan.Palynchuk@bell.ca' <Meaghan.Palynchuk@bell.ca>; Michael Palmer <Michael.Palmer@kitchener.ca>;
Barbara Steiner <Barbara.Steiner@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Rosa Bustamante
<Rosa.Bustamante@kitchener.ca>; 'Shilling Yip' <SYip@regionofwaterloo.ca>
Subject: Department - Agency Re -Circulation 30T-18201 & 30T-18202 (Mattamy)
This email originated from outside of the organization. Do not click links or open any attachments unless you recognize
the sender and know the content is safe.
Hello,
Please see the attached second re -submission letter. A separate email with a link to the City's Fileshare
system with the materials will be provided separately.
Page 181 of 336
I am now preparing final draft approval conditions. If you have additional comments or revised or new
conditions, please provide to me by November 20, 2020.
Thanks,
Garett
Garett Stevenson, BES, RPP, MCIP
Senior Planner I Planning Division I City of Kitchener
519-741-2200 x 7070 1 TTY 1-866-969-9994as rett.
Residents are encouraged to visit kitchener.ca/covid19 for the most up-to-date information about City services.
WILMOT STATEMENT OF CONFIDENTIALITY: This electronic transmission, including any attached document(s), may
contain information that is privileged, confidential or otherwise protected from disclosure under applicable law and is
for the sole use of the intended recipient(s). If the receiver of this information is not the intended recipient, or the
employee/agent responsible for delivering the information to the intended recipient, you are hereby notified that any
use, reading, dissemination, distribution, copying or storage of this information is strictly prohibited. If you have
received this information in error, please notify the sender by return email and delete the electronic transmission,
including all attachments from your system. If you have received this message as part of corporate or commercial
communications and wish not to receive such please send a request to unsubscribe@wilmot.ca
Page 182 of 336
CANADA POST POSTES CANADA
2701 RIVERSIDE DRIVE SUITE N0820 2701 PROM RIVERSIDE BUREAU N0820
OTTAWA ON K1A OB1 OTTAWA ON K1A 081
CANADAPOST CA POSTESCANADA CA
November 6, 2018
Garett Stevenson
Planner
Planning Division -City of Kitchener
PO Box 1118
Kitchener ON N2G 4G7
Reference: Draft Plan of Subdivision Application 30T-18201 & 30T-18202
Bleams Rd "Application 1 & 161 Gehl Place "Application 2"
Kitchener Green Ltd. & 2079546 Ontario Ltd.
Garett:
Canada Post Corporation appreciates the opportunity to comment on the above noted
application and it is requested that the developer be notified of the following:
Canada Post has reviewed the proposal for the above noted Development Application and
has determined that the completed project will be serviced by centralized mail delivery
provided through Canada Post Community Mail Boxes.
In order to provide mail service to this development, Canada Post requests that the
owner/developer comply with the following conditions:
The owner/developer will consult with Canada Post to determine suitable permanent
locations for the placement of Community Mailboxes and to indicate these locations
on appropriate servicing plans.
The Builder/Owner/Developer will confirm to Canada Post that the final secured
permanent locations for the Community Mailboxes will not be in conflict with any
other utility; including hydro transformers, bell pedestals, cable pedestals, flush to
grade communication vaults, landscaping enhancements (tree planting) and bus
pads.
The owner/developer will install concrete pads at each of the Community Mailbox
locations as well as any required walkways across the boulevard and any required
curb depressions for wheelchair access as per Canada Post's concrete pad
specification drawings.
The owner/developer will agree to prepare and maintain an area of compacted
gravel to Canada Post's specifications to serve as a temporary Community Mailbox
location. This location will be in a safe area away from construction activity in order
that Community Mailboxes may be installed to service addresses that have occupied
prior to the pouring of the permanent mailbox pads. This area will be required to be
prepared a minimum of 30 days prior to the date of first occupancy.
Page 183 of 336
The owner/developer will communicate to Canada Post the excavation date for the
first foundation (or first phase) as well as the expected date of first occupancy.
The owner/developer agrees, prior to offering any of the residential units for sale, to
place a "Display Map" on the wall of the sales office in a place readily available to
the public which indicates the location of all Canada Post Community Mailbox site
locations, as approved by Canada Post.
The owner/developer agrees to Include In all offers of purchase and sale a
statement, which advises the prospective new home purchaser that mail delivery will
be from a designated Community Mailbox, and to include the exact locations (list of
lot #s) of each of these Community Mailbox locations; and further, advise any
affected homeowners of any established easements granted to Canada Post.
The owner/developer will be responsible for officially notifying the purchasers of the
exact Community Mailbox locations prior to the closing of any home sales with
specific clauses in the Purchase offer, on which the homeowners do a sign off.
Multi -unit buildings with a common indoor entrance fall under Canada Post's
multi -unit policy:
The owner/developer will be required to provide and maintain the centralized mail
facility (Lock Box Assembly) at their own expense. Buildings with 100 or more units
require a rear loading LBA with dedicated secure mailroom.
Canada Post further requests the owner/developer be notified of the following:
1 The owner/developer of any condominiums will be required to provide winter snow clearance
at the Community Mailbox locations
? Any existing postal coding may not apply, the owner/developer should contact Canada Post
to verify postal codes for the project
a The complete guide to Canada Post's Delivery Standards can be found at:
httns://www.canadaaost.calcno/mc/assets/ndf/business/stanadardsrnanua! en,gdf
Regards,
Jamie Bere
Delivery Services Officer I Delivery Planning
Canada Post
955 Highbury Ave N
London ON N5Y 1A3
519-280-7968
james.bere@canada post. ca
Page 184 of 336
Kitchener
Utilities
r6
l ort Yemb��fJDY
Angela Mick, P.Eng.
Utilities Water Engineer
November 1, 2018
}`fie: Rosenberg Secondary Plan/Mattamy Community
Preliminary Water Distribution Analysis — July 6, 2018
The following are comments pertaining to the above, :
KITCHENER UTILITIES
Kitchener Operations Facility
131 Goodrich Drive
Kitchener, ON N2C 2E8
Telephone: 519-741-2600 x4408
Loraine Baillargeon
Fax: 519-741-2638
TTY: 1 -866-969-9994
Email: angela.micka@kitchener.ca
Website: www.kitchenerutilities.ca
The pressure divide between Pressure Zones 5 and 6 is at Red Clover Crt as shown in the figure below
Comments were based on Figure 2.1 in the Preliminary Water Distribution Analysis but there is also
Figure 5.2 in Section 5.2 of the Functional Servicing Report — are these exactly the same map?
Pressure Zone 5 Side
• 300mm watermain between J-529 and J-508. This does not connect to Bleams road
and is will be a dead end. Does the pipe need to be this large or can it be reduced in
size
• Streets don't align in the adjoining Stamm Subdivision — the watermains should be
located on streets
Pressure Zone 6 Side
We would like to see the watermain between J-603 and J -646/J-505 (school location)
be increased to a 300mm to provide for flexibility in the future (pressure zone divide).
We would want to be able to feed the school from the other pressure zone in the case
of a watermain break/emergency. The 300mm size for this main was part of the OMB
decision. During the design phase there will be a need to strategically place hydrants.
300mm watermain between J-602 and J-612— why is this a 300mm? Should it be a
smaller diameter
Owned & Operated by the City of Kitchener
4_ a3
I•.iriu a Ik
Page 185 of 336
Kitchener
Utilities
Gommuniry-Owned 1
rorover rho rears
Angela Mick, BEng,
Utilities Water Engineer
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Regards,
Angela Mick, P.Eng.
Utilities Water Engineer
KITCHENER UTILITIES
Kitchener Operations Facility
131 Goodrich Drive
Kitchener, ON N2C 2E8
Telephone: 519-741-2600 x4408
Loraine Baillargeon
Fax: 519-741-2638
TTY:1-866-969-9994
Email: angela.mick@kitchener.ca
Website: www.kitchenerutilities.ca
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Page 186 of 336
Hydro One Networks Inc.
Facilities & Real Estate
P.O. Box 4300
Markham, Ontario L3R 5Z5
www.HydroOne.com
Courier:
185 Clegg Road
Markham, Ontario L6G 1 B7
VIA E-MAIL ONLY TO garett.stevenson@kitchener.ca
October 16, 2018
Development Services Department Planning
City Hall, P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Attention: Garett Stevenson
Dear Garette Stevenson:
Re
Draft Plan of Subdivision, Kitchener Green Ltd. & 2079546 Ontario Inc.
161 Gehl Place
Kitchener
File: 30T-18201
i
hydro('�
o
Please be advised that Hydro One Networks Inc. ("HONI") has completed a preliminary review of the
proposed plan of the above noted subdivision application. As the subject property is abutting and/or
encroaching onto a HONI high voltage transmission corridor (the "transmission corridor"), HONI does
not approve of the proposed subdivision at this time, pending review and approval of the required
information.
The comments detailed herein do not constitute an endorsement of any element of the subdivision
design or road layout, nor do they grant any permission to access, use, proceed with works on, or in
any way alter the transmission corridor lands, without the express written permission of HONI.
The following should be included as Conditions of Draft Approval:
The developer must contact Lana Kegel, Senior Real Estate Coordinator at 905-946-6277
to discuss all aspects of the subdivision design, ensure all of HONI's technical
requirements are met to its satisfaction, and acquire the applicable agreements.
2. Prior to HONI providing its final approval, the developer must make arrangements
satisfactory to HONI for 11A grading and drainage.
Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and
proposed final grades, must be submitted to HONI for review and approval. The drawings
must identify the transmission corridor, location of towers within the corridor and any
proposed uses within the transmission corridor. Drainage must be controlled and directed
away from the transmission corridor.
3. Any development in conjunction with the subdivision must not block vehicular access to
any HONI facilities located on the transmission corridor. During construction, there must
be no storage of materials or mounding of earth, snow or other debris on the transmission
corridor.
Page 187 of 336
At the developer's expense, temporary fencing must be placed along the transmission
corridor prior to construction, and permanent fencing must be erected where subdivision
lots directly abut the transmission corridor after construction is completed.
The costs of any relocations or revisions to HONI facilities which are necessary to
accommodate this subdivision will be borne by the developer. The developer will be
responsible for restoration of any damage to the transmission corridor or HONI facilities
thereon resulting from construction of the subdivision.
F;. HONI's easement rights must be protected and maintained.
In addition, HONI requires the following be conveyed to the developer as a precaution:
7 The transmission lines abutting the subject lands operate at either 500,000, 230,000 or
115,000 volts. Section 188 of Regulation 213/91 pursuant to the Occupational Health and
Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized
500 kV conductor. The safe vertical distance for 230 kV conductors is 4.5 metres (15 feet),
and for 115 kV conductors it is 3 metres (10 feet). It is the developer's responsibility to be
aware, and to make all personnel on site aware, that all equipment and personnel must
come no closer than the safe vertical distance specified in the Act. All parties should also
be aware that the conductors can raise and lower without warning, depending on the
electrical load placed on the line.
Our preliminary review only considers issues affecting HONI's transmission facilities and transmission
corridor lands. For any proposals affecting distribution facilities (low voltage), the developer should
consult the local distribution supplier.
If you have any questions, please contact me at dennis.derango@hydroone.com or at 905-946-6237.
Yours truly,
Dennis De Rango
Specialized Services Team Lead, Real Estate
Hydro One Networks Inc.
Cc: Lana Kegal — Hydro One Networks
File: 30T-18201 Page 2 of 2
Page 188 of 336
Garett Stevenson
From: circulations@wsp.com
Sent: Friday, October 5, 2018 2:43 PM
To: Garett Stevenson
Subject: Application 1 - OPA (OPA18/005/B/GS), ZBLA (ZBA18/006/B/GS) and Draft Plan of
Subdivision (30T-18201); Application 2 - OPA (OPA18/006/B/GS), ZBLA
(ZBA18/007/B/GS) and Draft Plan of Subdivision (30T-18202)
2018-10-05
Garett Stevenson
Kitchener
Attention: Garett Stevenson
Re: Application 1- OPA (OPA18/005/B/GS), ZBLA (ZBA18/006/B/GS) and Draft Plan of Subdivision (30T-18201);
Application 2 - OPA (OPA18/006/B/GS), ZBLA (ZBA18/007/B/GS) and Draft Plan of Subdivision (30T-18202); Your File No.
0 PA18/005/B/GS,O PA18/006/B/GS,ZBA18/006/B/GS,ZBA18/007/B/GS,30T-18201,30T-18202
Our File No. 83314
Dear Sir/Madam,
We have reviewed the circulation regarding the above noted application.
The following paragraph is to be included as a condition of approval:
"The Owner shall indicate in the Agreement, in words satisfactory to Bell Canada, that it will grant to Bell Canada any
easements that may be required, which may include a blanket easement, for communication/telecommunication
infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the Owner shall be
responsible for the relocation of such facilities or easements".
We hereby advise the Developer to contact Bell Canada during detailed design to confirm the provision of
communication/telecommunication infrastructure needed to service the development.
As you may be aware, Bell Canada is Ontario's principal telecommunications infrastructure provider, developing and
maintaining an essential public service. It is incumbent upon the Municipality and the Developer to ensure that the
development is serviced with communication/telecommunication infrastructure. In fact, the 2014 Provincial Policy
Statement (PPS) requires the development of coordinated, efficient and cost-effective infrastructure, including
telecommunications systems (Section 1.6.1).
The Developer is hereby advised that prior to commencing any work, the Developer must confirm that sufficient wire-
line communication/telecommunication infrastructure is available. In the event that such infrastructure is unavailable,
the Developer shall be required to pay for the connection to and/or extension of the existing
communication/telecommunication infrastructure.
Page 189 of 336
If the Developer elects not to pay for the above noted connection, then the Developer will be required to demonstrate
to the satisfaction of the Municipality that sufficient alternative communication/telecommunication will be provided to
enable, at a minimum, the effective delivery of communication/telecommunication services for emergency
management services (i.e., 911 Emergency Services).
MMM (a WSP company) operates Bell Canada's development tracking system, which includes the intake and processing
of municipal circulations. Please note, however, that all responses to circulations and other requests, such as requests
for clearance, come directly from Bell Canada, and not from MMM. MMM is not responsible for the provision of
comments or other responses.
Should you have any questions, please contact the undersigned.
Yours truly,
Meaghan Palynchuk
Manager, Municipal Relations
Access Network Provisioning, Ontario
Phone: 905-540-7254
Mobile: 289-527-3953
Email: Meaghan.Palynchuk@bell.ca
NOTICE: This communication and any attachments ("this message") may contain information which is privileged, confidential, proprietary or otherwise subject to
restricted disclosure under applicable law. This message is for the sole use of the intended recipient(s). Any unauthorized use, disclosure, viewing, copying,
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WSP's electronic communications policy, please consult our Anti -Spam Commitment at www.wsp.com/casl. For any concern or if you believe you should not be
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consulter notre Engagement anti-pourriel au www.wsp.com/Icap. Pour toute question ou si vous croyez que vous ne devriez pas recevoir ce message, priere de le
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qui constituent des messages electroniques commerciaux.
Page 190 of 336
July 28, 2022
Via email
30T-18201
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Garett Stevenson, Manager of Development Review
Planning Division, City of Kitchener
Kitchener, ON N2G 4G7
Dear Mr. Stevenson,
Re: Applications for Draft Plan of Subdivision 30T-18201, Official Plan Amendment
OP18/005/B/GS and Zoning By-law Amendment ZBA 18/006/B/GS for Bleams Road
"Application 1"
Bleams Road and Trussler Road, City of Kitchener
Kitchener Green Ltd./Mattamy Homes/2079546 Ontario Inc.
Grand River Conservation Authority (GRCA) staff has received the above -noted applications for
Draft Plan of Subdivision, Official Plan Amendment, and Zoning By-law Amendment approvals
for lands within the Rosenberg community.
Recommendation
GRCA staff have no objection to the approval of the above -noted applications, subject to the
conditions detailed below.
Documents Reviewed by Staff
Staff have completed a review of the following documents submitted with this application:
• Draft Plan of Subdivision (30T-18201), prepared by City of Kitchener Development
Services Department, Planning, dated July 6, 2022, received July 26, 2022
• Zone By -Law Amendment, Map No. 1, prepared by City of Kitchener Development
Services Department, Planning, dated July 6, 2022, received July 26, 2022
• Land Use Schedule 30T-18201 + 30T-18202, prepared by the City of Kitchener, dated
August 2021, received July 21, 2022.
• Preliminary Stormwater Management (SWM) Report, prepared by MTE Consultants Inc.,
most recently revised August 31, 2021, received July 19, 2022
• Engineering Drawings (Lot Grading Plans Drawing Numbers AG 1.1 to AG 1.6 and Trail
Plan), prepared by MTE Consultants Inc., most recently re -issued August 31, 2021,
received July 19, 2022
• Email from Garett Korber (MTE Consultants Inc.) to Chris Foster -Pengelly (GRCA), re:
Draft Plan of Subdivision - 30T-18201 GRCA comments, received July 25, 2022.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River
Page 191 of 336
• Rosenberg Secondary Plan — Mattamy Community, Environmental Impact Study -
Update, prepared by Natural Resource Solutions Inc., most recently revised August
2021, received May 12, 2022
• Rosenberg Secondary Plan, Mattamy Community Urban Design Brief, prepared by NAK
design strategies, prepared August 16, 2021, received July 21, 2022
• Hydrogeology Study, prepared by MTE Consultants Inc., dated July 6, 2018
• Functional Servicing Report, prepared by MTE Consultants Inc., dated July 6, 2018
• Geotechnical Recommendations — Proposed Residential Subdivision, Rosenberg Area 2
Lands, Kitchener, Ontario, prepared by DS Consultants Ltd., dated June 12, 2018
GRCA Comments
The GRCA has no objection to draft plan approval subject to the following conditions:
1) Prior to any grading or construction on the site and prior to registration of the plan, the
owners or their agents submit the following plans and reports to the satisfaction of the Grand
River Conservation Authority.
a) A detailed final stormwater management report in accordance with the 2003 Ministry of
the Environment Report entitled "Stormwater Management Planning and Design
Manual" and in keeping with the Rosenberg Secondary Plan Mattamy Community
30T18201 & 30T-18202 Preliminary Stormwater Management Report (dated August 31,
2021, prepared by MTE Consultants Inc).
b) Final Lot Grading, Servicing, and Storm Drainage Plans.
c) A final erosion and sediment control plan in accordance with the Grand River
Conservation Authority's Guidelines for erosion and sediment control, indicating the
means whereby erosion will be minimized and sediment maintained on-site throughout
all phases of grading and construction.
d) The submission and approval of a Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses permit from the GRCA prior to any grading
or construction in a regulated area, including any grading within wetlands and the "wet
depression," as identified in the EIS (prepared by NRSI, revised August 2021), and their
regulated allowances.
In support of final design and the clearance of conditions, the following comments are to be
addressed to the satisfaction of the GRCA:
1. Section 2.4 of the Hydrogeology Study (pages 6-7) notes that infiltration testing was
undertaken for SWMF1 (TL1, TL2, TL3 and TL4) and SWMF2 (Area 1 and Area 2), with
reference to Appendix F for infiltration testing outcomes. Results of infiltration testing for
each SWM facility is required for review. Using the results of the infiltration testing, the
water balance analysis must demonstrate that monthly infiltration targets can be met, to
the satisfaction of the GRCA.
2. A monthly breakdown of the water balance is required to demonstrate that the infiltration
targets will be met considering the winter bypass for infiltration basins. Based on our
review of the Preliminary SWM Report, we understand that the water balance
calculations provided in Tables 5.8 and 5.9 are based on continuous modeling. The
monthly breakdown should demonstrate that the model was run for all months to identify
Page 192 of 336
pre -development conditions and that pre -development conditions can be matched.
Please note that results of the final water balance may impact lot configurations and
sizing.
We trust that the municipality will ensure the Subdivider's Agreement between the owners and
the municipality contain provisions for the completion and maintenance of the works in
accordance with the approved plans and reports noted in Condition 1) above.
The GRCA acknowledges past receipt of the subdivision fee (70% of the base fee and per net
hectare fee) of $21,000 for 30T-18201. By copy of this correspondence, the applicant will be
invoiced the remaining balance of $9,000.
Should you have any questions, please contact the undersigned at
cfosterpengelly@gran driver. ca or 519-621-2763 ext. 2319.
Sincerely,
4L
-4Peigelly, Chris Foster M.Sc.
Resource Planner, Water Management Division
Copy:
Barb Steiner, City of Kitchener
Jane Gurney, Region of Waterloo
Alex Drung, Mattamy Homes
Brad Trussler, Mattamy Homes
Paul Lowes, SGL Planning & Design Inc.
Garett Korber, MTE Consultants Inc.
Jessica Linton, NRSI
Page 193 of 336
Garett Stevenson
From: Darren
Sent: Wednesday, October 17, 2018 11:15 AM
To: Garett Stevenson
Subject: RE: Questions Regarding the Draft Plan for Subdivision Application 30T-18201 etc.
Thanks a lot for your prompt and thorough response Garett! Clearly this is long term build and we are quite some ways
from foundations being poured and roads being widened!
Darren.
On Oct 17, 2018, at 10:15 AM, garett.stevenson@kitchener.ca wrote:
Hello Darren,
Bleams Road in this location is a Regional Road, and the Subdivider must provide the Region with the
physical land to widen the right-of-way to 30.48 metres. There will be future studies completed by the Region
on;
- Widening and reconstructing Bleams Road,
- Potential roundabout at the Trussler/Bleams roads intersection, and
- Trussler Road (from Bleams Road to Highway 7/8) widening to 4 lanes.
The details of designs are not available at this stage and the Environmental Assessment (EA) is planned to
start during 2020. The Subdivider is being asked to provide the lands for future road and intersection
improvements only at this point. Check back in the New Year on this website to see if there is any new
information posted. htt s://www.re ionofwaterloo.ca/en/Iivin -here/construction-and-road-closures.as x#
As for the construction of the subdivision, we are at the very beginning of the planning phase. There is a lot of
community planning, construction design, and the actual extension of sewers (from the other side of Fischer
Hallman) that needs to occurs first. That work will be progressing over the next five years or so, depending
on the market sale of homes. This is a fairly large application as well, so it will be built in stages and it could
take 5-10 years just to build out the plan that was circulated.
Thanks,
G a rett
Page 194 of 336
Garett Stevenson
From: Garett Stevenson
Sent: Wednesday, October 24, 2018 5:54 PM
To:
Subject: RE: Mattamy Resident Circulation
Let me know if another night would work better as I am happy to meet in person if that assists.
1. The City approves blocks for future development — so it is not until the builder decides what kind of
townhouse(s) (standard, stacked, etc) that they will build will be know the final number. Assume that
14 would be the maximum and likely what would be built.
2. We will work with the developer on revising their plans in response to comments I get through the
process. Once there is an agreeable revised plan, Council could approve the plan subject to
conditions. That would occur in the spring likely — so there is time.
If you were thinking about having your property be included in the applications, the applications could be
amended with your consent.
Thanks,
Garett
From:
Sent: Wednesday, October 24, 2018 3:15 PM
To: Garett Stevenson <Garett.Stevenson@kitchener.ca>
Subject: Re: Mattamy Resident Circulation
Hey Garett,
Tomorrow doesn't work out for my brother-in-law to meet. I really only have a couple more questions anyways so I may
as well just ask you through email, and then we don't have to meet tomorrow.
1. On the drawings that were attached in your email, it's showing 8-14 townhouses being planned for development on
my property. Can you be definitive on the number? Is it closer to 8 townhouses or closer to 14 townhouses? Obviously
the number would have an impact on the selling price of my property.
2. When do the final plans have to be submitted to the city?
If you want to email me the answers, that would be great.
Thanks,
Sent from my Phone
Page 195 of 336
Garett Stevenson
From: Greg Proctor < G Proctor@ regionofwaterloo.ca >
Sent: Friday, December 21, 2018 4:26 PM
To:
Cc: Richard Parent; Marcos Kroker; Garett Stevenson; Bob Henderson; Mike Jones
Subject: RE: Include on future circulations regarding Trussler and/or Bleams Road
Hello
I am the Project Manager assigned to the upcoming Bleams Road reconstruction project. The project limits
are from Trussler Road to Fischer -Hallman, and it is currently scheduled for reconstruction in the year 2021.
However, it is anticipated that this date for construction may be pushed further into the future to better align
with the proposed developments in the area.
LEFT TURN LANE ON BLEAMS AT CHURCH ACCESS - Although a left turn on Bleams Road at the church
access is not currently included within the scope of the project, the Region will be pleased to evaluate whether
a warrant for a left turn is met. To undertake this, the Region will need some information about the church
such that an approximate number of vehicles trips can be determined and then an analyses/warrant calculated
to see if a turn lane is warranted, based on current and projected traffic volumes on Bleams Road. If you could
provide the following information about the church, we can let you know the result of the left turn warrant fairly
quickly:
# seats
Square footage of the church
# parking spots
ADDITIONAL STREET LIGHTS AT CHURCH ENTRANCE - at this point, luminaires have not been identified
at this location. However, I will be further investigating the placement of luminaires along Bleams Road, and
will keep you abreast of this.
STREET SIGNS AT BOTH ENDS OF BLEAMS ROAD INDICATING DIRECTION TO CHURCH - the decision
to allow the installation of these signs is left to Region of Waterloo Traffic Engineering staff. If agreeable with
you, I think that the best way to review this request for signs to be installed, is to have you work directly with
Traffic Engineering staff. I have included the names of Bob Henderson and Mike Jones on this email as they
are likely the people you will work with on this issue.
Regards
Greg Proctor, C.E.T.
Project Manager
Design and Construction Division
Region of Waterloo
150 Frederick Street, Kitchener ON N2G 4J3
519-575-4729
gproctor@regionofwaterloo.ca
_-Original Message -----
From: Garett.Steve nson@kitchener.ca[maiIto: Garett.Stevenson@kitchener.ca]
Page 196 of 336
Sent: Tuesday, December 18, 2018 4:11 PM
To: Peter Ellis
Subject: FW: Application 30T-18201
Hi Peter,
Please see the comments below. Can you please ensure that i is included on future circulations
regarding Trussler and/or Bleams Road improvements?
Thanks,
Garett
Garett Stevenson, BES, RPP, MCIP
Planner I Planning Division I City of Kitchener
519-741-2200 x 7070 1 TTY 1-866-969-9994 1 garett.stevenson@kitchener.ca
----Original Message ----
From:
Sent: Thursday, November 22, 2018 11:16 AM
To: Garett Stevenson <Garett.Stevenson @kitchener.ca>
Cc:
Subject: re: Application 30T-18201
Hi Garett,
We spoke sometimes at the begging of this month.
I called you in behalf of St. John the Baptist Romanian Orthodox Church, which has its property right across
future subdivision, at 2150 Bleams Rd.
Overall, we no objections regarding the application itself, however we would like to voice our concerns about
future road traffic changes for Bleams Rd.
I understood that Bleams Rd being a regional road, it belongs to Region of Waterloo, which has jurisdiction
over it and is responsible for any future developments.
Also I understood that you can pass on to Region of Waterloo our comments as well.
Here is what we would like to get, if possible:
1. A middle turning lane in front of our entrance.
Even if the speed limit is reduced to 50kmh, pulling over into our property could pose a risk especially for our
elderly parishioners
2. Additional street lights for our entrance.
Bleams Rd has no street lights and even we have our lit sign, it is easy to miss the entrance especially when
poor weather conditions.
3. Street signs at both ends of Bleams indicating direction to our church.
We have many people missing our church due to the fact there is another Bleams Rd that belong to Mannhein,
which is few hundred meters away from Kitchener's Bleams.
Page 197 of 336
#1 and #2 are obviously for safety reasons,
Although #3 is for an easy access, at the end of the day, confused people can potentially be involved easier in
a car accident.
We appreciate your help in this matter.
best regards,
Page 198 of 336
January 21, 2019
Mr. Garett Stevenson
City of Kitchener
Planning Division
200 King Street West, 6`h floor
Kitchener, ON N2G 4G7
Dear Mr. Stevenson:
KITCH EN ER
WOODBRIDGE
LONDON
KINGSTON
BARRIE
BURLINGTON
RE: Draft Plan of Subdivision Applications 30T-18201 and 30T-18202, Official Plan
Amendment Applications OP18/005/B/GS and OP18/006/G/GS and Zone Change
Applications ZBA18/006/B/GS and 18/007/G/GS
OUR FILE: 9735H
We are writing on behalf of Stamm Investments Limited (the adjacent property to the east) and as a
follow-up to our recent meeting at which time we discussed the referenced applications. We ask that
you consider the following comments:
I i The lands that are subject to Subdivision Application 30T-18202 are located outside the limits of
the Rosenberg Secondary Plan. The lands were added to the City Urban Area through the
settlement of the Regional Official Plan (ROP). At the time settlement discussions were taking
place, we inquired regarding the adequacy of downstream sanitary sewers to accommodate the
lands subject to Subdivision Application 30T-18202. Modeling completed by the City of
Kitchener indicated the development of the lands could result in downstream surcharging of the
MSTSS. We have reviewed background reports relating to the subdivision and confirm our
understanding that proposed subdivision grades would have the effect of expanding the
sanitary drainage area such that the entire subdivision will outlet to the MSTSS. We understand
this could exacerbate the surcharging anticipated by City staff.
In consideration of the surcharging issue, we ask the City to confirm sanitary sewer capacity
within the MSTSS will be assigned to lands within the Rosenberg Secondary plan in priority to
Subdivision Application 30T-18202 and in accordance with the approved Rosenberg Secondary
Plan — Land Use Plan. We also ask the City to confirm there is available capacity in the MSTSS to
accommodate Subdivision 30T-18202 prior to approval of Official Plan Amendment Application
OP18/006/G/GS and Subdivision Application 30T-18202.
2) As you may be aware, a portion of the lands subject to Subdivision Application 30T-18201 will
outlet to and be attenuated by Stormwater Management Pond No. 1 located within the limits of
tY e Stamm Plan of Subdivision. Stamm has no objection to this principle, provided Subdivision
200-540 BINGEMANS CENTRE DRIVE / KITCHENER / ONTARIO / N28 3X9 / T 519 576 3650 / F 519 576 0121 / WWW.MHBCPLAN.COM
Page 199 of 336
30T-18201 is subject to the standard City condition which obligates the subdivider to cost -share
the stormwater management facility.
3; We understand the developer is proposing to close Gehl Place. We confirm the Rosenberg
Secondary Plan does not propose or otherwise contemplate the closure of Gehl Place between
Rosenberg Way and Bleams Road. Although Stamm does not oppose the ultimate closure of
Gehl Place, the closure should not occur until alternative access is provided to lands to the south,
two means of access to Bleams Road and/or Fischer -Hallman Road are available to all stages of
the Stamm Subdivision and ARA Licence No. 5627 is amended to preclude the use of Gehl Place
as a haul route.
4) Minutes of settlement with the City of Kitchener include an overall servicing scheme for lands
within the Rosenberg Community located south of Bleams Road, west of Fischer -Hallman Road
and generally north of the Williamsburg Cemetery. The servicing scheme provides for an
overland flow route, watermain and storm sewer where Stamson Street is shown in the Stamm
Plan of Subdivision. Subdivision 30T-18201 does not provide for a street. connection/overland
flow route at this location. Subdivision 30T-18201 should be revised to show a local street
connection that aligns with Stamson Street in the location shown in the Stamm Plan of
Subdivision. This revision would be in keeping with the approved functional servicing plan, the
intended pattern of development and densities contemplated for the Rosenberg Secondary Plan
and facilitate the potential closure of Gehl Place.
5) Street "AA" within the limits of Subdivision 30T-18201 should align with Eskerwood Way located
within the Stamm Plan of Subdivision. We have been in communication with the applicant and
confirm we have agreed to minor revisions to the horizontal alignment of Eskerwood Way and
Street "AA" to resolve this minor discrepancy. Subdivision 30T-18201 should be revised to reflect
the minor change shown on the attached plan.
6) As you may recall, there was considerable discussion with respect to the vertical alignment of
Rosenberg Way at the eastern limit of the Stamm Subdivision. The finished elevation of
Rosenberg Way was included as a condition of draft plan approval for Subdivision 30T-08206.
We suggest the finished elevation of Stamson Street, Rosenberg Way and Eskerwood Way at the
west limit of Gehl Place should be included as conditions of draft plan approval. The following
elevations are proposed:
Stamson Street - 355.04 mASL
Rosenberg Way - 353.92 mASL
Eskerwood Way - 356.49 mASL
7) We confirm a number of services within the limits of the Stamm Subdivision are being oversized
and/or provided for the benefit of Subdivision 30T-18201. Services that benefit Subdivision 30T-
18201 include a dedicated storm sewer, storm and sanitary sewers and watermains. Stamm
acknowledges they have a responsibility to provide for the development of the adjacent
subdivision. Having said this, the adjacent developer(s) should pay their fair share of the benefit
received and in this regard, we ask that the referenced subdivisions be subject to appropriate
conditions of draft plan approval regarding cost-sharing of this infrastructure.
Page 200 of 336
8) Minutes of Settlement with the City of Kitchener establish downstream erosion threshold targets.
Stormwater management facilities within Subdivision 30T-18202 should be designed to ensure
downstream erosion targets are met. Implementation should be assured through draft plan
conditions.
We thank you for your consideration. We would appreciate the opportunity to meet with you to discuss
matters in further detail.
Yours truly,
MHBC
Paul R. Britton, M.C.I.P., R.P.P
PRB:ce
_= Della Ross,
Juliane von Westerholt,
Trevor Witt,
fan Andres,
Paul Grespan,
Brad Trussler
Paul Lowes
Page 201 of 336
Page 202 of 336
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 8, 2022
SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: July 15, 2022
REPORT NO.: DSD -2022-356
SUBJECT: 95 - 101 Cedar Street South
Official Plan Amendment Application OPA21/013/C/KA
Zoning By-law Amendment Application ZBA21/022/C/KA
St. Pola Group Inc.
RECOMMENDATION:
A. That Official Plan Amendment Application OPA21/013/C/KA for St. Pola Group Inc.
requesting a change to the Land Use Designation on the parcel of land specified and
illustrated on Schedule `A', be adopted, in the form shown in the Official Plan
Amendment attached to Report DSD -2022-356 as Appendix "A", and accordingly
forwarded to the Region of Waterloo for approval; and
B. That Zoning By-law Amendment Application ZBA21/022/C/KA for St. Pola Group Inc.
be approved in the form shown in the "Proposed By-law" and "Map No. 1" attached to
Report DSD -2022-356 as Appendix "B", and further
C. That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for
minor variances shall be permitted for lands subject to this Zoning By-law Amendment
Application ZBA21/022/C/KA.
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation regarding
Official Plan Amendment and Zoning By-law Amendment applications for subject lands located
at 95-101 Cedar Street South. It is Planning staff's recommendation that the applications be
approved.
The proposed Amendments support the development of `missing middle' housing in a Major
Transit Station Area.
Community engagement included:
o circulation of a notice postcard to residents and property owners within 240m of the
subject site;
o installation of billboard notice sign on the property;
o a City -led Neighbourhood Meeting (March 29, 2022);
o discussions and an on-site meeting with interested members of the public;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 203 of 336
o a third notice of statutory public meeting postcard was circulated to all residents and
property owners within 240 metres of the subject site, as well as those who responded
to the preliminary circulation; and,
o notice of the public meeting was given in The Record on July 15, 2022.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
St Pola Group Inc. is seeking Official Plan and Zoning By-law Amendments to build a stacked
townhouse development (rental) containing 24 residential units. Staff recommends that the
applications be approved.
REPORT:
The subject lands are located on Cedar Street South (see Figure 1 and Figure 2 below) and are
comprised of three separate properties which are proposed to be consolidated for the purpose of
redevelopment. Currently, 95 Cedar Street South is located behind 97 Cedar Street South as a
landlocked parcel without frontage, which is a historic situation. The parcels currently contain 3
buildings which have been converted to two duplexes and a triplex and together there are seven
dwelling units in the three buildings. The surrounding area includes a mix of residential land uses
including single detached dwellings, semi-detached dwellings, duplexes, triplexes, low-rise
multiples, and high-rise multiple dwellings. The lands are included in the Cedar Hill Secondary Plan
and are located about 250 metres from the Kitchener Market ION Station.
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Page 204 of 336
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Page 204 of 336
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Page 205 of 336
Photo 2 — 95-101 Cedar Street South from south (December 24, 202 1)
Development Proposal:
St. Pola Group Inc., is proposing to develop the site with a stacked townhouse development which
includes 4 floors of dwelling units arranged in two sections, overlooking a raised internal amenity
space, and 1 floor of partially below grade parking. The development is proposed to contain 24
dwelling units consisting of 8 one -bedroom, 8 two-bedroom and 8 three-bedroom units.
Figure 2 — Rendering (showing front and north elevation)
Page 206 of 336
Figure 3 — Rendering (showing rear and south elevation)
Official Plan Amendment and Zoning By-law Amendment Applications
The subject applications seek to change the designation of the subject lands from `Low Rise
Conservation' which permits single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings to a maximum of three units, small lodging houses, and small residential care
facilities to `Low Density Multiple Residential' with Special Policy Area No.8. The proposed
designation would permit single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, and small residential care facilities. The Special Policy would
permit a maximum floor space ratio (FSR) of 1.46 for a multiple dwelling having structured parking,
a maximum of 115 dwelling units/hectare, and would limit the maximum number of storeys to four
(4) with one (1) additional storey of partially below -grade parking.
The applicant is seeking to change the zoning from `Residential Five Zone (R-5)' to `Residential Seven
Zone (R-7)' with Special Regulation Provision 779R to implement the proposed development. Special
Regulation Provision 779R includes the following site-specific provisions:
a) a minimum lot width of 36 metres for a lot containing a multiple dwelling with more than
3 dwelling units.
b) a maximum building height of 16 metres for a multiple dwelling which includes partially
below -grade structured parking.
c) a maximum Floor Space Ratio (FSR) of 1.46 for a multiple dwelling which includes
structured parking.
d) a minimum front yard setback of:
a. 3.0 metres for any portion of the building not exceeding 4.0 metres in height,
b. 5.2 metres for any portion of a building exceeding 4.0 metres in height, and upper
floor projections are permitted.
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e) a minimum rear yard setback of 3.5 metres for any portion of a building not exceeding
3.0 metres in height.
f) a minimum side yard setback along the northerly lot line of:
a. 1.5 metres for any portion of a building not exceeding 9.0 metres in height,
b. 3.0 metres for any portion of a building exceeding 9.0 metres in height.
g) Dwelling units located on the ground floor are not required to have an exclusive use patio
area.
h) Stairs, access ramps and porches having height greater than 0.6 metres above finished
grade level are permitted within the front yard and within 3.0 metres of a street line.
i) That a "driveway visibility triangle" shall be measured from the point of intersection of a
street line and the edge of a driveway 3 metres from the street line and 4.5 metres from
the edge of the driveway.
Planning Analysis:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development, and sets out policies to consider in building strong
healthy communities. The PPS is supportive of efficient development and land use patterns which
sustain the financial well-being of the Province and municipalities over the long term and promotes
compact and efficient development patterns that minimize land consumption and make efficient use
of infrastructure. The PPS identifies settlement areas as the focus for growth and development.
Policies indicate that land use patterns within settlement areas shall be based on densities and a
mix of land uses which efficiently use land, and which are appropriate for and efficiently use the
infrastructure and public service facilities which are planned or available. Policies promote the
accommodation of both affordable and market-based range of units and residential types, and
development that supports active transportation and are transit supportive.
Planning staff is of the opinion that the proposed applications are consistent with the PPS as they
will facilitate the redevelopment of the subject property with a compact multiple residential
development that is located within a Major Transit Station Area (MTSA). No new public roads will be
required for the proposed development and Engineering staff has confirmed there is capacity in
existing infrastructure to support the proposed development. This proposal better utilizes the subject
lands and increases the number of new purpose-built rental units.
Growth Plan for the Greater Golden Horseshoe (Growth Plan), 2020
The Growth Plan provides policies for where and how to grow. The subject lands are located in the
Built Up area and in a Major Transit Station Area. The plan identifies delineated built up areas as
key focus areas for intensification to make efficient use of land and infrastructure to support transit
viability and provide flexibility to capitalize on new economic and employment opportunities while
ensuring the provision of a full range of housing options to accommodate a range of incomes and
household sizes all as part of a complete community. Development in Major Transit Station Areas
is intended to include a diverse mix of uses, including additional residential units, at an intensity that
will support existing and planned transit service levels. A minimum density target of 160 people and
jobs per hectare is required.
Staff is of the opinion that the proposed applications are in conformity with the Growth Plan. The
subject lands are in the delineated built up area and in a MTSA. The proposed redevelopment will
make better use of existing and new infrastructure and helps to support the density targets of an
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MTSA. The proposed land use change assists in contributing to a complete community by increasing
the range of rental housing options and increasing choice in a neighbourhood within walking distance
of commercial, employment, institutional, parks and other uses.
Regional Official Plan (ROP)
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are within the Urban Area and are identified as a Built Up Area in the
ROP (Map 3a). Within the Urban Area, most of the Region's future growth will be directed to Urban
Growth Centres, Major Transit Station Areas (MTSA), Reurbanization Corridors, Major Local Nodes
and Urban Designated Greenfield Areas. In general, these areas will be planned to create a more
compact urban form with a greater mix of employment, housing, and services in close proximity to
each other. The Region is currently undergoing a review of its Official Plan including the delineation
of Major Transit Station Area (MTSA) boundaries, which have been endorsed by Regional Council.
The subject lands are within the draft MTSA boundaries.
ROP Policies guide the review of development applications in MTSA's in advance of policies being
established in the City's Official Plan. In accordance with these policies the proposed development
supports a more compact urban form within a comfortable walking distance of an ION station and in
an area with a mix of land uses including food destinations, services, and amenities, fosters
walkability, supports a high quality public realm, and supports active transportation. Further, this
neighbourhood provides for the physical infrastructure and community infrastructure to support the
proposed residential development, including transportation networks, municipal drinking -water
supply and wastewater systems, and a broad range of social and public health services. The
proposed development will contribute to the creation of complete communities with a development
pattern, density and land use that supports walking, cycling and the use of transit, and supports the
provision of housing.
Regional staff have indicated that they have no objections to the proposed applications (Attachment
`D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan (OP)
The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further
articulated and implemented through the guiding principles, goals, objectives, and policies which are
set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive,
safe, complete, and healthy community.
Urban Structure Element: Major Transit Station Area
The OP establishes an Urban Structure for the City of Kitchener and provides policies for directing
growth and development within this structure. The subject lands are located within the designated
Built -Up Area and are identified as a Major Transit Station Area (MTSA) on Map 2 — Urban Structure
of the 2014 Official Plan. More specifically, the site is within the Central Station Area and within 250
metres of the Kitchener Market ION Station. In accordance with Policy 3.C.2.17 of the OP, the
planned function of the MTSAs is to allow development at densities that will support transit, and
achieve a mix of residential, office, institutional and commercial uses. They are also intended to have
streetscapes and a built form that is pedestrian -friendly and transit -oriented.
Lands within MTSAs may be considered as intensification areas or as part of a stable
neighbourhood, and in either case development applications are permitted to be considered for new
land uses. The subject site was identified as being in the stable residential neighbourhood in the
PARTS Central Plan and in accordance with OP policy 3.C.2.22.b, development applications are
required to have regard for the policies of Section 4 (Housing), 11 (Urban Design) and 12 (Cultural
Heritage) of the Official Plan and are required to maintain the existing character and planned function
of the stable area (see analysis under Proposed Amendment to the Cedar Hill Secondary Plan).
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In accordance with Section 3.C.2.19 of the OP, the PARTS Central Plan has been adopted by
Council, but has not been implemented through an OPA. The City is currently in the process of
completing the Neighbourhood Planning Review (NPR) which is intended to implement the
recommendations of the PARTS Plan through the creation of new Secondary Plans and
implementing zoning. This work can be completed following the ROP Review which will include a
final delineation of the MTSAs. Secondary Plans that are part of the 1994 OP remain in effect and
any changes to the designation approved through consideration of this site-specific application will
be carried forward to new secondary plan policies.
While not yet in effect, staff have considered the proposed designations and policies included in the
draft NPR policies for Cedar Hill. Most of the lands identified to be within stable residential
neighbourhoods, including the subject lands, are proposed to be designated and zoned to generally
recognize existing land uses and designations/zones. However, lands adjacent to the subject site,
both to the north (existing townhouses at 87 Cedar St S) and to the east (fronting onto Madison Ave
S) are currently designated Low Rise Multiple Residential and are proposed to be designated
Medium Rise Residential. The current designation of adjacent lands permits low rise multiples to a
maximum density of up to 0.6, and the proposed Medium Rise Residential designation would permit
a density up to 2.0 and a height of about 8 storeys. The height and density of the proposed
development would be permitted within the Medium Rise Residential designation that is
recommended to be applied to neighbouring lands. Through the Neighbourhood Planning Review,
staff are recommending that some intensification be permitted in the Cedar Hill Neighbourhood on
lands adjacent to the subject site, and of a slightly higher scale. Staff is of the opinion that in
accordance with the analysis provided in this report that the proposed development will be
compatible with both the existing low rise residential land uses, and would also be compatible should
lands to the north and east be designated and zoned to permit Medium Rise Residential uses in the
future.
Existing Official Plan Designation
The lands are designated Low Rise Conservation in the Cedar Hill Secondary Plan, which forms part
of the 1994 Official Plan. In accordance with s. 16 of the Official Plan, the land use policies and land
use designations in the Secondary Plans contained in Part 3, Section 13 of the 1994 City of Kitchener
Official Plan, as amended, continue to apply until such time as the Secondary Plans are reviewed
and adopted as part of the 2014 Official Plan. Other policies of the Official Plan contained in sections
A, B, C, E and F apply to the lands.
Proposed Amendment to the Cedar Hill Secondary Plan
The subject lands are currently designated as Low Rise Conservation which permits single
detached dwellings, duplex dwellings, semi-detached dwellings, and triplexes. The applicant is
proposing to change the designation to Low Density Multiple Residential with a new Special Policy
Area. The proposed designation permits single detached dwellings, duplex dwellings, semi-
detached dwellings, and multiple dwellings up to a maximum FSR of 1.0 and 100 units/hectare.
The number of units per hectare may exceed 100 provided the maximum FSR is 1.0. The OPA
would add a new special policy to permit an FSR of 1.46, a maximum of 115 units per hectare, and
a height limit of 5 storeys.
The subject site was identified as being in the stable residential neighbourhood in the PARTS
Central Plan and in accordance with OP policy 3.C.2.22.b, development applications are required
to have regard for the policies of Section 4 (Housing), 11 (Urban Design) and 12 (Cultural Heritage)
of the Official Plan and are required to maintain the existing character and planned function of the
stable area. Stable residential neighbourhoods are not the focus for high levels of intensification,
however intensification and redevelopment which are compatible with surrounding residential uses
may be considered. The Cedar Hill neighbourhood can be characterized as being primarily
residential, with a mix of low, medium, and high-density housing types of various building styles and
ages. Streets are generally narrow, and most buildings address the street with porches and front
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doors, which contribute to an intimate feel and pedestrian friendly streetscape. The planned function
of a stable neighbourhood is to protect the elements which are valuable to the community as whole
including the protection of heritage resources and architectural character, provision of places to live,
and places to recreate (both public and private), as well as providing community and social
connections, all contributing to a sense of place. Individual developments and buildings can
enhance and support the function of a neighbourhood when they are thoughtfully designed and with
a focus on compatibility.
Housing:
Housing policies of the OP direct staff to provide for an appropriate range, variety and mix of housing
types and styles, densities, tenure, and affordability to satisfy the varying needs of our community
through all stages of life. The proposed stacked townhouse development represents the `missing
middle' that bridges the gap between low rise, low intensity dwellings, and high-rise towers. This
form of housing is ground oriented with individual entrances. The proposed development includes a
mix of unit sizes, including one-, two- and three-bedroom rental units, and while not required by the
Building Code for this form of housing, there are proposed to be several accessible units. The rental
units are not planned to be deeply affordable or subsidized, however will increase the number of
units available on the property from 7 to 24.
Section 4.C.1.8. and 4.C.1.9 of the OP outlines various matters that must be considered when
special regulations are proposed to be added to the zoning by-law that will facilitate residential
intensification. Special zoning regulations are further described in the following section and staff
have considered the zoning regulations in consideration of the following applicable policies:
• that new buildings are appropriate in massing and scale and compatible with the built form
and the community character of the established neighbourhood.
• Front yard setbacks should be similar to adjacent properties.
• New buildings should be sensitive to the exterior areas of adjacent properties and
appropriate screening and/or buffering should be provided to mitigate any adverse impacts,
particularly with respect to privacy.
• Development should not create unacceptable adverse impacts for adjacent properties by
providing both an appropriate number of parking spaces and an appropriate
landscaped/amenity area on the site.
• 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
Staff is of the opinion that the proposed stacked townhouse development is compatible with the
Cedar Hill Neighbourhood. Nearby lands contain a variety of dwelling types including single
detached dwellings, some of which have been converted to duplexes and triplexes, low-, medium -
and high-rise apartment buildings, and various forms of townhouses. The proposed stacked
townhouse is appropriate in the neighbourhood context. The building has been designed to address
the street, is pedestrian friendly, and positively contributes to the streetscape. The front yard setback
of the building is similar to other dwellings along Cedar Street South and pedestrian connections
provide access to the street helping to maintain and enhance the residential character of the
streetscape. There are a variety of architectural styles existing in Cedar Hill. The proposed low-rise
and medium -density development, with a contemporary style, is appropriate. Staff will continue to
work with the applicant to refine elevations and materials through the detailed site plan review
process.
The proposed built form and building placement results in a building that will be compatible with
surrounding development and residential land uses. The proposed side and rear yard setbacks
establish an appropriate separation distance to neighbouring dwellings and balconies have been
oriented away from the rear to reduce overlook and maintain privacy. A new fence is proposed
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around the perimeter of the site which will help to protect privacy in rear yards, screen the parking
area from view, and mitigate for head light glare. There is a generous landscape buffer along the
rear lot line that will permit planting of larger canopy trees to help provide visual screening from upper
storeys. A raised central courtyard will provide a shared private amenity space for future residents.
Parking is provided in accordance with by-law requirements in a partially below grade parking
structure, which is screened from the street through the building design.
In consideration of the Housing policies, staff is of the opinion that the requested change in land use
and zoning will permit a form of housing that is desirable and compatible with the Cedar Hill
Neighbourhood.
Urban Design
Section 11 of the City's OP outlines policies with respect to urban design. To address these policies,
the applicant has submitted an Urban Design Brief, and conceptual site plans, elevations, and
renderings. This documentation has been reviewed and accepted by City Urban Design staff and
will be implemented through the subsequent Site Plan Review process. In accordance with Urban
Design Policies, staff is of the opinion that the site design provides for a high-quality public realm,
safe site circulation for all modes of transportation, and that site servicing components are functional
and screened from view from the public realm. The development will enhance pedestrian usability,
respect, and reinforce human scale, create an attractive streetscape, and complements and
contributes to the character of the Cedar Hill neighbourhood. Through the detailed site plan control
process, staff will ensure that appropriate landscaping will be installed to enhance the building and
streetscape, and lighting will be provided to maintain safe and appropriate light levels which minimize
light spill onto neighbouring properties and are dark sky compliant. Staff will continue to work with
the applicant to review the detailed elevations and materials, in order to ensure implementation of
the proposed built form and high standard of building design.
Cultural Heritage
In consideration of the policies of Section 12 of the Official Plan (Cultural Heritage Resources) staff
offer the following. The subject properties are located within the Cedar Hill Neighbourhood Cultural
Heritage Landscape (CHL) as identified in the 2014 Kitchener CHL Study. The properties municipally
addressed as 97 and 101 Cedar Street South were identified as properties of specific CHL interest
given the contribution they make to the viewshed from the top of Cedar Hill. The view atop Cedar
Hill looking southwest affords an unobstructed view for several kilometres toward the City's
countryside and well beyond the limits of the Cedar Hill Neighbourhood. These properties, however,
are not protected under the Ontario Heritage Act.
A Heritage Impact Assessment (HIA) was not required as the subject lands are not designated.
Instead, staff requested a section within the Urban Design Brief commenting on potential impacts to
the identified views from the top of the hill and how they should be mitigated. Heritage Planning Staff
have reviewed the Urban Design brief that was submitted in support of these applications. The Urban
Design Brief concluded that:
• The proposed development respects the orientation, setback, and design of the buildings in
the neighborhood, and provides a contemporary but compatible development in the
neighborhood.
• The original design does not adversely impact the views from Cedar Street.
Initially the building was setback 6.5 metres from the street. However, after considering staff
comments and comments from the public, the applicant has revised the design and has shifted the
building 1.3 metres closer to the street, to 5.2 metres (with upper storeys permitted to project up to
3.95 metres). Furthermore, the revised design also has an inclusion of doors and stairs entrances
along the Cedar Street entrance to improve the pedestrian scale of the development and make it
more consistent with the adjacent developments. An updated viewshed analysis was conducted to
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ensure that the revisions would not have an adverse impact on the viewshed at the top of Cedar Hill
and staff are satisfied that the difference in setback will not have an adverse impact on the view
along Cedar Street.
In accordance with policies contained in section 12 of the Official Plan, Heritage Planning staff are
satisfied that the proposed zoning by-law setback regulations will conserve and protect the views
from Cedar Hill as identified in the 2014 Kitchener CHL Study.
Special Policy Area No.8
The original development proposal as submitted with the application did not seek an increase to
the FSR of the Low Density Multiple Residential designation of 1.0. However, through the
development review process, it was identified that the partially below grade parking structure is
required to be included as part of the FSR calculations resulting in an FSR of 1.2 for the original
design. Through the review process, the applicant agreed to raise the on-site amenity area to the
roof of a partially below grade parking level. This shift results in a larger amenity space with better
access to sunlight. It also allows more parking to be located beneath the amenity space and within
a structure. These beneficial changes have increased the amount of building floor space and has
resulted in an FSR of 1.46 (as the entire area of the parking structure must be included in the FSR
calculation). Staff note that if the site were flat and if the buildings had a different orientation, a
developer would likely be able to accommodate an equal number of units, with all surface parking.
This is less achievable on this site due to the grade change and would result in a less desirable
building orientation and streetscape, less amenity space, and quite likely a request for a parking
reduction, but would be more likely to comply with FSR requirements.
Staff is of the opinion that locating parking under the building is desirable from a community and
streetscape perspective. There is much less surface parking and the partially below grade parking
makes use of the existing slope. The roof top of the parking structure area between the dwelling
units provides for a larger on-site amenity space and larger landscaped setbacks around the
perimeter as less surface area is dedicated to parking. The changes to the site have also allowed
the number of parking spaces to be increased to 32 spaces. This helps to address concerns raised
by residents about the limited availability of on -street parking and staff note that no parking
reduction is required. Staff is of the opinion that the Special Policy to the increase to the FSR from
1.0 to 1.46 for a building which includes structure parking is appropriate. The revised plan achieves
a better design and site layout overall.
As a result of the increase to FSR, the number of units per hectare must also be recognized in the
Special Policy. As a result of locating more parking within the building the FSR exceeds 1.0 and
therefore the Special Policy must specifically permit 115 dwelling units per hectare.
Staff also recommends that the Special Policy limit the overall number of storeys to 4, with
permission for one additional floor of partially below -grade parking. The current policy does not
regulate the number of floors, however, as the 4 -storey built form was considered through the
supporting documentation, staff is of the opinion that it is appropriate to limit the height in keeping
with the analysis. Proposed zoning regulations further refine maximum height regulations.
Staff is of the opinion that the proposed Official Plan Amendment is appropriate in consideration of
policies contained Sections 4, 11 and 12. The proposed change in land use designation will permit
an infill development which is compatible with surrounding land uses and maintains the existing
character and planned function of the stable neighbourhood. Staff is of the opinion that the proposed
Low Density Multiple Residential land use designation with Special Policy Area No. 8 is appropriate
for the subject lands and is good planning.
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Proposed Zoning By-law Amendment
A Zoning By-law Amendment has been requested to rezone the subject lands from `Residential Five
Zone (R-5)' to `Residential Seven Zone (R-7)' with Special Regulation Provision 779R to implement
the proposed designation. The proposed `R-7' zone permits multiple dwellings and aligns with the
`Low Density Multiple Residential' designation.
Each of the recommended site-specific zoning provisions is discussed in greater detail below. The
intent of the special regulations is to tailor the zoning regulations to the built form proposed and the
analysis by staff through the review of the zoning by-law amendment application. The proposed
zoning will permit single detached, semi-detached, duplex, and multiple dwellings. The maximum
building height of multiple dwellings is proposed to be 16 metres which would permit 4 storeys with
one additional floor of structure parking. Setback regulations have been adjusted to provide for the
proposed built form, and the proposed FSR of 1.46 is only permitted where there is structured
parking.
Proposed Regulation
Pur ose
Minimum lot width for a lot containing
This increase to the minimum lot width requires that the
a multiple dwelling with more than 3
parcels be consolidated prior to development of a multiple
dwelling units shall be 36 metres.
dwelling. Should the project not proceed, the site could
continue to be used as a single, semi, duplex or triplex
under the new `R-7' regulations.
Maximum building height for a
The proposed ZBA has been considered based on the
multiple dwelling which includes
proposed built form and height. The `R-7' zone permits a
partially below grade structured
height of 24 metres (approx. 8 storeys) and staff feel it is
parking shall be 16 metres. Any
appropriate to limit the height to implement the form
multiple dwelling not incorporating
articulated in the proposed site design. The regulations
structured parking shall have a
permit a height of 4 storeys with one additional floor of
maximum height of 14 metres.
partially below grade parking, or 4 storeys if there is no
structured parking. Staff is of the opinion that the proposed
height is appropriate. The four -storey portion of the build is
generally considered low rise, however due to the
significant grade change across the site, the ground floor
parking increases the height by a full storey. The building
will not provide unacceptable shadow impacts, the views
from Cedar Hill are maintained and proposed setbacks
protect privacy and mitigate for overlook.
Maximum FSR for a multiple dwelling
As discussed in the context of the OPA, the increase in
which includes structured parking
FSR allows for most of the on-site parking to be located in
shall be 1.46
a partially below grade parking garage. The increase in
structured parking increases the size of the private amenity
and landscaped space, raises it to allow better natural light
and functionality for future residents. Given the
topography, the developer is penalized for providing
structured parking as the entire floor must be included in
the FSR calculation.
Minimum front yard setback for lands
The existing dwellings along this section of Cedar Street
included on Appendix `H':
have variable front yard setbacks. Staff is of the opinion
a. For any portion of the building
that it is appropriate for the partially below grade structure
not exceeding 4.0 metres in
to be setback 3.0 metres from the street as it will provide
height, shall be 3.0 metres
screening for the parking area and includes a walkway and
porches above. This will help create pedestrian access
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b. For any portion of a building
from the street directly to units, improving the overall
exceeding 4.0 metres in
streetscape. Upper floors have some variation in setback.
height, shall be 5.2 metres and
First and second floor units are setback 5.2 metres,
upper floor projections are
however limited architectural projections on the 31d and 4t"
permitted to 3.95 metres.
floor bring portions of the building closer to the street.
These limited areas are in keeping with the proposed
balcony projections (which are permitted) and their
placement near the center of the building doesn't result in
any impact to the viewshed from the top of Cedar Hill. As
discussed in the cultural heritage considerations the front
yard setback maintains the viewshed from the top of Cedar
Hill.
Minimum rear yard setback of 3.5
Through the review of the application, the rear yard
metres for any portion of a building
setback was increased overall from the requested 5.45
not exceeding 3.0 metres in height.
metres to 8.0 metres. This responds to concerns of
neighbouring property owners with respect to overlook and
privacy of adjacent rear yards. The reduced rear yard
setback of 3.5 metres permits a partially below -grade
mechanical building which is located at the back of the
parking area. This building is less than one storey high, will
not have windows or accesses to the rear yard, and will be
screened at the rear of the property with a fence and
landscaping.
Minimum side yard setback to the
The 1.5 m side yard setback for a building not exceeding
northerly lot line:
9 metres in height is consistent with current by-law
a. for any portion of a building
regulations and is provided to permit the 1 storey elevator
not exceeding 9.0 metres in
enclosure along the northern property line. A 3.5 metres
height shall be 1.5 metres,
setback is appropriate for a building having a 4 -storey
and
height. Staff note that the side wall of the building on the
b. For any portion of a building
north abuts the parking lot of the neighbouring
exceeding 9.0 metres in
townhouses.
height shall be 3.5 metres
Dwelling units located on the ground
The design of the subject building is not conducive to
floor are not required to have an
ground floor patios due to the change in grade across the
exclusive use patio area.
site. Rather all units, including those located at grade will
be provided with private balconies.
Stairs, access ramps and porches
Due to the change in grade along the Cedar Street
having height greater than 0.6
frontage, portions of the stairs, porches and walkways may
metres above finished grade level
project closer than 3.0 m to the street. These connections
are permitted within the front yard
provide direct pedestrian access from units to the street
and within 3.0 metres of a street line
and help create a more interesting and pedestrian oriented
streetscape.
That a "driveway visibility triangle"
This regulation brings the driveway visibility triangle
shall be measured from the point of
measurements in line with the regulations of Zoning By -
intersection of a street line and the
law 2019-051.
edge of a driveway a distance of 3
metres from the street line and 4.5
metres from the edge of the driveway
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The applicant originally requested a parking reduction and reduction to visitor parking rates. Through
the site redesign, the number of parking spaces has increased, and 32 parking spaces are now
provided. This exceeds the minimum by-law requirement of 1.25 spaces per unit. The 6 required
visitor spaces can now also be provided, and special parking regulations are no longer required.
Staff note that the proposed number of parking spaces both exceeds the minimum number of spaces
required under By-law 85-1 and complies with the proposed maximum parking ratio for multiple
dwellings contemplated in the Neighbourhood Planning Review. Staff is of the opinion that the
amount of parking will meet the needs of future residents and does not represent an oversupply.
The proposed development will continue to support transit.
Department and Agency Comments:
Preliminary circulation of the OPA and ZBA was undertaken on January 10, 2022, to applicable City
departments and other review authorities. No major concerns were identified by any commenting
City department or agency. Site Design and Building details will continue to be refined through the
Site Plan Approval process and will be generally consistent with the design considered through this
development application. Copies of comments are found in Appendix `D' of this report.
The following reports and studies were considered as part of this proposed OPA and ZBA:
• Planning Justification Report
Prepared By: MHBC Planning Ltd. (November 2021)
• Urban Design Brief
Prepared By: MHBC Planning Ltd. (November 2021)
• Conceptual Elevations, Site Plan and Floor Plans
Prepared By: Architect Samir Nassiem (November 1, 2021, revised May 10, 2022)
• Stationary Noise Impact Study
Prepared By: JJ Acoustic Engineering Ltd. (July 26, 2021, updated June 13, 2022)
• Functional Servicing and Water Distribution Analysis
Prepared By: Fariborz Fariborzi, P. Eng (October, 27, 2021)
• Preliminary Stormwater Management Report
Prepared By: Fariborz Fariborzi, P. Eng (October, 27, 2021)
• Transportation Impact Brief
Prepared By: Paradigm Transportation Solutions Limited (October 26, 2021)
• Sustainability Statement
Prepared By: MHBC Planning Ltd. (November 11, 2021)
Neighbourhood Comments And Staff Response:
Planning staff received 15 written submissions which are attached as Appendix "E". Comments were
received following the initial circulation in January 2022 and the Neighbourhood Meeting held on
March 29, 2022. The comments received from community members during the consultation on these
applications is described in greater detail below.
Overall, of the responses received in writing, 6 indicate general support for the proposed land use
and development. Of those expressing concern and comments, most were in the following areas:
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• Parking
• Traffic
• Loss of Privacy and Overlook
• Lack of Neighbourhood Amenity
• Affordability and Tenue
Parking
Provision of adequate parking was one of the primary concerns expressed by residents responding
to this application. The applicant has revised the plan and is no longer seeking a reduction to the
required amount of parking or a change in the number of spaces which must be reserved for visitors.
Through the review process the applicant has increased the number of spaces on-site to 32 spaces,
which exceeds the minimum parking rate of 1.25 spaces/unit (1.25 x 24 units = 30) and 6 visitor
spaces will be provided.
Residents expressed concerns with spillover parking onto surrounding neighbourhood streets. In
many circumstances near LRT stations, Planning and Transportation staff support parking
reductions, however staff acknowledge that there is limited opportunity to provide on -street parking
in this neighbourhood due to the steep and narrow streets, and as most of the parking is located
beneath the building, there is little impact to the streetscape or surrounding properties. Of note the
applicant also proposes to sign one of the visitor spaces as a short-term visitor space. This space
will provide a convenient parking space for delivery vehicles, food delivery services, taxis, etc., to
reduce the number of vehicles which may attempt to stop on Cedar Street South — as on street
stopping was identified as a concern by residents. Staff also note that this property is well served by
public and active transportation networks. The site is located within about 250 metres of the
Kitchener Market Ion Station, and several bus routes operate on nearby roads. The site is close to
the Iron Horse Trail, as well as on -street bike facilities and will include on-site weather protected
bicycle storage for residents and short term bicycle parking options, making walking, cycling and
multi -modal trips convenient for both residents and visitors. The site is also located near the
downtown and is within close walking distance of various services, retail (including food stores and
the Kitchener Market), restaurants and employment opportunities.
Traffic
Several residents raised concerns with the increase in traffic volume on Cedar Street because of
this development and make observations that Cedar Street is narrow and steep, and that visibility
can be difficult entering and exiting driveways. Residents also suggest that a stop sign could be
added at Church Street to help slow traffic coming from the downtown towards Courtland Ave.
The applicant has submitted a Transportation Impact Brief which has been reviewed by the City's
Transportation Services staff. Projections indicate that in 2026 Cedar Street is anticipated to operate
with about 2000 vehicles a day, which is at the lower range of daily traffic for a Minor Neighbourhood
Collector (2000 — 5000 vehicles a day). During weekday morning and afternoon periods, the
proposal is estimated to generate 8 and 11 vehicle trips, respectively. Data was based on a traffic
count conducted in August 2021, and historical data gathered in June 2014, and the study concludes
that there is sufficient capacity on Cedar Street for the subject development, turning lanes are not
required, there is minimal vehicle delay and sufficient vehicle capacity along Cedar Street South at
the site access to accommodate for the proposed development.
A sight distance analysis was also completed as part of the Transportation Impact Brief. The analysis
indicates a shortfall of 36m in stopping sight distance. However, there are other site access points
along Cedar Street South with similar shortfalls, and there is limited opportunity to make changes
within the right-of-way. Existing signage provides notification to motorists to be aware of hidden
intersections. The driveway location is at the lowest point on the site, providing for views of vehicles
approaching over the top of the hill. Driveway visibility triangles will be maintained, and vehicles will
be entering and exiting the site in a forward motion (i.e., unlike driveways for houses, cars will not
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need to back onto the street, which helps improve safety). Transportation Services staff is satisfied
with the sight distance analysis, driveway location and design.
Several residents raised concerns regarding the lack of an all -way stop at the intersection of Cedar
Street and Church Street. Cedar Street between Church Street and Weber Street is part of the
downtown cycling grid and will be converted to a cycling street in the late summer/fall of 2022. This
work will introduce a separated two-way on street cycling lanes, and will reduce vehicular traffic to a
single, one-way lane (similar to the work undertaken on Joseph Street in 2021). Cedar Street will
become one-way for vehicular traffic from the downtown towards Church Street and a new 4 -way
stop will be added at the intersection of Cedar St and Church St. While primarily intended to improve
and connect the downtown cycling network, an additional benefit of the Cedar Street work will be
that traffic on Cedar Street will be slowed and likely reduced.
Loss of Privacy/Overlook Concerns
A letter was received from a neighbour raising concern with matters of overlook, privacy, and
proximity to the existing rear yard private space. Staff met the resident on-site to discuss the
concerns in person and can offer the following. The proposed building has been adjusted based on
feedback received from nearby property owners to help protect privacy and mitigate for overlook.
Many balconies have been reoriented to the sides and fronts of the buildings to reduce the number
facing neighbours to the rear, and the building has been shifted closer to Cedar Street to increase
the rear yard setback beyond the 7.5 metre minimum. Staff also note that the below grade parking
is setback about 3.5 metres from the rear lot line, allowing an ample space for landscaping and new
plantings including larger canopy trees. Further, the parking garage will be partially below grade
minimizing headlight glare and a new 1.8 m high fence will be installed as a visual barrier around
the perimeter of the site.
Affordability and Tenue
Several residents raised questions about the planned tenure, the variety of unit types and whether
affordable housing was being proposed. Staff can confirm that this development is intended to be a
purpose built rental, but will not be considered affordable housing, and is anticipated to have market
rents. The buildings have been designed to have a mix of 1, 2 and 3 bedroom dwelling units (8 of
each type). Staff comment that ground -oriented, purpose built rental dwellings will help to provide a
variety of unit types in the central city and represent `missing middle' housing. The three (3) bedroom
units will help provide options to families with children seeking larger rental units.
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and
Zoning By-law Amendment to permit 95-101 Cedar Street South. to be developed with a multiple
dwelling (stacked townhouse). Staff is of the opinion that the subject applications are consistent with
policies of the Provincial Policy Statement (2020), conform to the Growth Plan for the Greater Golden
Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good
planning. Staff recommends that the applications be approved.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Council / Committee meeting. Notice signs were posted on the property and information regarding
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the application posted to the City's website in the winter of 2022. Following the initial circulation
referenced below, an additional courtesy notice of the public meeting was circulated to all property
owners and residents within 240 metres of the subject lands, and those responding in writing to the
preliminary circulation or after the Neighbourhood Meeting, which was held on March 29, 2022, and
Notice of the Public Meeting was posted in The Record on July 15, 2022 (a copy of the Notice may
be found in Appendix C).
CONSULT — The OPA and ZBA were originally circulated to property owners and residents within
240 metres of the subject lands on January 14, 2022. In response to this circulation, staff received
written responses from 12 households; 3 additional households responded following the
Neighbourhood Meeting; and 12 individuals logged into the Neighbourhood meeting. Staff conducted
one site meeting with an interested resident on June 24, 2022. Written comments are included in
Appendix `E'.
PREVIOUS REPORTS/AUTHORITIES:
• Municipal Act, 2001
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan, 2010
• City of Kitchener Official Plan, 2014
• Kitchener Growth Management Strategy
• Zoning By-law 85-1 & 2019-051
• City of Kitchener Urban Design Manual
REVIEWED BY: Garett Stevenson - Manager of Development Review, Planning Division
APPROVED BY: Justin Readman - General Manager, Development Services
APPENDIX
Appendix A — Proposed Official Plan Amendment
Appendix B — Proposed Zoning By-law Amendment
Appendix C — Newspaper Notice
Appendix D — Department and Agency Comments
Appendix E — Community Comments
Page 219 of 336
Appendix A — Proposed Official Plan Amendment
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
95 - 101 Cedar Street South
Page 220 of 336
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
95 - 101 Cedar Street South
iNnFx
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
R11 rim \Ia1Fig76
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of August 8, 2022
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee of August 8, 2022
APPENDIX 3 Minutes of the Meeting of City Council
Page 221 of 336
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XX to the 1994 Official Plan of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive and Schedule `A'.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to amend:
• Map 11 (Cedar Hill Neighbourhood Plan for Land Use) of the 1994 Official Plan by
redesignating lands from Low Rise Conservation to Low Density Multiple Residential and to
add new Special Policy Area 8;
• Section 13.3.4 of the Cedar Hill Secondary Plan in the 1994 Official Plan to add new Policy
8 to permit a maximum Floor Space Ratio (FSR) of 1.46 and to permit 115 units per
hectare for a building having structured parking and a maximum building height of 4 storeys
with one additional storey of partially below -grade parking.
SECTION 3 — BASIS OF THE AMENDMENT
The subject lands are located at 95, 97 and 101 Cedar Street South. The lands are located
within the designated Built -Up Area and within a Major Transit Station Area (MTSA) in the 2014
Official Plan and are designated `Low Rise Conservation' in the Cedar Hill Secondary Plan,
which was approved as part of the 1994 Official Plan. The designation permits a range of
residential dwelling types up to three dwelling units.
The subject lands are proposed to be developed with a 24 -unit stacked townhouse development
having a Floor Space Ratio (FSR) of 1.46 with 4 storeys of residential use and 1 storey of
partially below -grade parking. The applicant is proposing to redesignate the lands to `Low
Density Multiple Residential' with a new Special Policy Area. The proposed development has
been reviewed relative to applicable Provincial and Regional Plans.
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development and sets out policies to consider in building
strong healthy communities. The PPS promotes compact and efficient development patterns
that minimize land consumption and make efficient use of infrastructure. Policies promote the
accommodation of appropriate affordable and market-based range and mix of residential types,
and development that supports active transportation and that are transit supportive. The
proposed designation represents intensification, minimizing the consumption of land and making
use of existing infrastructure. The proposed development accommodates a range of rental units
in an area that is both well served by active transportation options and public transit. Planning
staff is of the opinion that the proposed amendment is consistent with the PPS.
The Growth Plan provides policies for where and how to grow. The plan identifies delineated
built-up areas as key focus areas for intensification to make efficient use of land and
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infrastructure to support transit viability and provide flexibility to capitalize on new economic and
employment opportunities, while ensuring the provision of a full range of housing options to
accommodate a range of incomes and household sizes all as part of a complete community.
The proposed Official Plan Amendment is in conformity with the Growth Plan. The subject lands
are in the delineated built-up area and in a MTSA. The proposed redevelopment will make
better use of existing infrastructure and helps to support density targets of a MTSA. The
proposed land use change contributes to a complete community by increasing the range of
rental housing options and increasing housing choice in a neighbourhood within walking
distance of commercial, employment, institutional, parks and other uses.
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
directed to Urban Growth Centres, Major Transit Station Areas (MTSA), Reurbanization
Corridors, Major Local Nodes and Urban Designated Greenfield Areas. In general, these areas
will be planned to create a more compact urban form with a greater mix of employment,
housing, and services in close proximity to each other. The subject lands are located within the
draft boundaries of a MTSA. In accordance with Regional policies the proposed development
supports a more compact urban form within a comfortable walking distance of an ION station
and in an area with a mix of land uses including food destinations, services, and amenities,
fosters walkability, and supports a high-quality public realm. Further, this neighbourhood
provides for the physical infrastructure and community infrastructure to support the proposed
residential development, including transportation networks, municipal drinking -water supply and
wastewater systems, and a broad range of social and public health services. The proposal will
contribute to the creation of complete communities with a development pattern, density and land
use that supports walking, cycling and the use of transit, and supports the provision of housing.
The applicant is proposing to amend the Cedar Hill Neighbourhood Plan for Land Use by
redesignating the lands from `Low Rise Conservation' to `Low Density Multiple Residential' and
add a new Special Policy to permit a maximum FSR of 1.46 and maximum of 115 units per
hectare. Staff recommend that the height of a multiple dwelling be limited to 4 storeys, with
provision of one additional floor of partially below -grade parking.
Through the review process staff worked with the applicant to increase the size of the partially
below grade parking level and raise the amenity space to the roof of the parking structure to
increase its size and improve its function and access to sunlight. Due to the change in grade
across the site, the parking structure is partially above grade, and as such contributes to the
FSR calculation. In staff's opinion the increase in structured parking has improved the overall
design of the site and the increase to the FSR is justified.
The special policy recognizing an increase to the number of units per hectare from 100 to 115 is
required. Policy regulations permit multiple dwellings to exceed 100 units per hectare provided
the FSR of 1.0 is not exceeded. Staff is of the opinion that the increase to the FSR to permit
structured parking is appropriate and represents good planning, and therefore the increase to
the number of units per hectare is also appropriate.
Staff also recommend that the special policy limit the overall height of the development to 4
storeys, with one additional floor of partially below -grade parking. The Low Density Multiple
Residential designation does not specifically regulate building height, however as the
development application has been evaluated based on the design concept and supporting
documentation, it is appropriate to limit the number of floors to what was evaluated. Different
considerations with respect to massing, shadows etc. would be required for a higher rise
building. The proposed policy will ensure future development occurs to the height considered
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through this development application. Heights and setbacks are further regulated through the
zoning by-law.
Staff is of the opinion that the proposed land use category of `Low Density Multiple Residential'
is appropriate for the subject lands. The site is in the stable residential neighbourhood portion of
a Major Transit Station Area. While the stable neighbourhood is not the focus for intensification
with high-rise and high-density development, compatible redevelopment and intensification are
appropriate. Staff is of the opinion that the proposed Official Plan Amendment complies with
policies of Sections 4 (Housing), 11 (Urban Design) and 12 (Cultural Heritage) and maintains
the existing character and planned function of this neighbourhood. Further analysis with respect
to these policies is provided below and in report DSD 2022-356.
Housing:
Housing policies of the OP direct staff to provide for an appropriate range, variety and mix of
housing types and styles, densities, tenure, and affordability to satisfy the varying needs of our
community through all stages of life. The proposed stacked townhouse development represents
the `missing middle' that bridges the gap between low rise, low intensity dwellings, and high-rise
towers. This form of housing is ground oriented with individual entrances. The proposed
development includes a mix of unit sizes, including one-, two- and three-bedroom rental units,
and while not required by building code for this form of housing, there also proposed to be
several accessible units. The rental units are not planned to be deeply affordable or subsidized,
however will increase the number of units available on the property from 7 to 24.
Urban Design
Section 11 of the City's OP outlines policies with respect to urban design. To address these
policies, the applicant has submitted an Urban Design Brief, and conceptual site plans,
elevations, and renderings. This documentation has been reviewed and accepted by City Urban
Design staff and will be implemented through the subsequent Site Plan Review process. In
accordance with Urban Design Policies, staff is of the opinion that the site design provides for a
high-quality public realm, safe site circulation for all modes of transportation, and that site
servicing components are functional but screened from view from the public realm. The
development will enhance pedestrian usability, respect, and reinforce human scale, create an
attractive streetscape, and complements and contributes to the character of the Cedar Hill
neighbourhood. Through the detailed site plan control process, staff will ensure that appropriate
landscaping will be installed to enhance the building and streetscape, and lighting will be
provided to maintain safe and appropriate light levels which minimize light spill onto
neighbouring properties and are dark sky compliant. Staff will continue to work with the
applicant to review the detailed site design, elevations and building materials, in order to ensure
implementation of the proposed built form and high standard of building design.
Cultural Heritage
The subject properties are located within the Cedar Hill Neighbourhood Cultural Heritage
Landscape (CHL) as identified in the 2014 Kitchener CHL Study. The properties municipally
addressed as 97 and 101 Cedar Street South were identified as properties of specific CHL
interest given the contribution they make to the viewshed from the top of Cedar Hill. The view
atop Cedar Hill looking southwest affords an unobstructed view for several kilometres toward
the City's countryside and well beyond the limits of the Cedar Hill Neighbourhood. These
properties, however, are not protected under the Ontario Heritage Act.
A Heritage Impact Assessment (HIA) was not required as the subject lands are not designated.
Instead, staff requested a section within the Urban Design Brief commenting on potential
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impacts to the identified views from the top of the hill and how they should be mitigated.
Heritage Planning Staff have reviewed the Urban Design brief that was submitted in support of
these applications. The Urban Design Brief concluded that:
• The proposed development respects the orientation, setback, and design of the
buildings in the neighborhood, and provides a contemporary but compatible
development in the neighborhood.
• The design does not adversely impact the views from Cedar Street.
Initially the building was setback 6.5 metres from the street. However, after considering staff
comments and comments from the public, the applicant has revised the design and has shifted
the building 1.3 metres closer to the street, to 5.2 metres (with upper storeys permitted to
project up to 3.95 metres). Furthermore, the revised design also has an inclusion of doors,
stairs, and entrances along the Cedar Street frontage to improve the pedestrian realm. An
updated viewshed analysis was conducted to ensure that the revisions would not have an
adverse impact on the viewshed at the top of Cedar Hill and Heritage staff are satisfied the
reduced setback will not have an adverse impact on the view along Cedar Street South.
In accordance with policies contained in section 12 of the Official Plan, Heritage Planning staff
are satisfied that the proposed zoning by-law setback regulations will conserve and protect the
views from Cedar Hill as identified in the 2104 Kitchener CHL Study.
Staff is of the opinion that the proposed Official Plan Amendment will permit the lands to be
developed with a multiple dwelling that is compatible with the Cedar Hill neighbourhood with
respect to massing and scale. The surrounding neighbourhood consists of a mix of residential
dwelling types, heights, and densities, which have been constructed in different architectural
styles and over time. The proposed multiple dwelling will be compatible with surrounding
residential land uses and will contribute to the character of the Cedar Hill neighbourhood. The
building has been designed to address the street, and setbacks consider both the streetscape
and the interface with surrounding lands. The proposed development represents the `missing
middle' a much -desired form of housing bridging the gap between high-density high-rise towers
and low density single detached dwellings. The proposed development is accessible, ground
oriented and includes a range of 1-, 2- and 3 -bedroom units. The proposal meets minimum
parking requirements and includes facilities to support active transportation including onsite
weather protected bike parking and pedestrian connections to the street, and at a density that
will help to support transit.
Planning staff is of the opinion that the proposal is consistent with the Provincial Policy
Statement, conforms to the Growth Plan and complies with the Regional Official Plan, as it
promotes walkability, is transit -supportive, maximizes the use of existing infrastructure, is
compatible with and will not have an adverse impact on the cultural heritage landscape and the
surrounding community. Planning staff is of the opinion that the proposed development
represents good planning.
Page 225 of 336
SECTION 4 — THE AMENDMENT
The 1994 City of Kitchener Official Plan is hereby amended as follows:
a) Part 3, Section 13.3.4 Special Policies is amended by adding new Section 13.7.4.8
thereto as follows:
"8. Notwithstanding the Low Density Multiple Residential land use
designation and policies for lands addressed as 95-101 Cedar Street
South, the maximum permitted Floor Space Ratio for a multiple dwelling
shall be 1.46, a maximum of 115 dwelling units per hectare shall be
permitted, and multiple dwellings shall be permitted to have a maximum
of four (4) storeys, with one (1) additional storey of partially below -grade
parking.
b) Map 11 — Cedar Hill Neighbourhood Plan for Land Use Secondary Plan is amended
by designating the lands, municipally known as 95-101 Cedar Street South, as
`Low Density Multiple Residential' with Special Policy Area No. 8, instead of `Low
Rise Conservation', as shown on the attached Schedule W.
Page 226 of 336
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of August 8, 2022
NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
95-101 Cedar Street South
Concept [drawing
AD
y
MuLtiple Dwelling I Sid _ Reductions to
Stacked Townhouses 4 Storey,-: Setbacks
, JT
Have Your nice Heard!
Date: August 8, 2022
Time: 7:00 p.m.
Location: Virtual Zoom Meeting
To view the staff report, agenda,
find meeting details or to
appear as a delegation, visit:
kitcheneLca/m esti ngs
To learn more. about this project,
including inormation on your
appeal rights, visit:
www.kitchener.cal
PlanningApplications
or contact:
Katie Anderl, Senior Planner
519.741.2200 X 7987
katie.a ilderl'E kitchener.ca
The City of Kitchener Inas received applications to amend the Official flan and
Zoning By law to facilitate the development of the lands at 95-101 Cedar Street
South vJth a multiple residential development consisting of 24 stacked
townhouse units. The lands are proposed to be redesignated from 'Low Rise
Conservation' to 'Low Density Multiple Residential' with a Special Policy Area
and to be rezoned from °R 5' to 'R®7wth a site-speciif c prevision to permit a
multiple residential use. a Floor Space Ratio (FSR) of 1.46 and a height of 4
storeys, with an additional partially below grade parking level. and reduced
building setbacks.
Page 227 of 336
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee of August 8, 2022
Page 228 of 336
APPENDIX 3 Minutes of the Meeting of City Council
Page 229 of 336
APPENDIX E —COMMUNITY INPUT
�rom: Chere Schwindt
Sent; Wednesday, January 26, 2G22 6:69 PM
To; Katie Ande-I <Katie,AnderIPkitchener,ca>; Chere Schwindt Miles
Sch,vi ndt
Subject: [EXTERNAL] Development in our neighbourhood -feedback
Hello KatieAnderl.
My husband and I are co-okvrners in a small apartment building at , Kitchener. We
received the postcard asking for feedback regarding the Multiple Dwelling Stacked Townhouses at 95-
105 Cedar Street by the House of Friendship.
'Ale purchased our building in 2010 and we try to keep aur units nice, uVdated and friendly. Downtown
Kitch ever has a lovely, welcoming, bohemian vibe. Our oldest works at the market on Saturdays_
Although ve do not lire in the building {we live less than 15 minutes away}, our family does spend a bit of
time there_
At the bottom of the hill of out building, where it joins Cameron Heights, there is often a terit or hvo. Those
without permanent shelter are painfully evident in the downtown area. Homelessness is something that
really, mnost of us are just a couple of unfortunate steps away from..
A mare dense city population is better for the environment- with quick access to amenities and
transportation, and less farmirural land used for sprawling homes. This also allows for more services to
those who require them, with the proximity to the LRT.
This project seems to have so much going for it. While many may fear for property5th[ obtaining
good new tenants we believe this will benefit the entire area, and lift the welfare of all.
'Ale both fully are supportive of this housing project and hope that there aren't too many obstacles_
VVe would like to keep informed if possible_
Thank You for the opportunity to provide our input:
Chere Schwindt
and Miles Schwindt
Page 230 of 336
APPENDIX E —COMMUNITY INPUT
From: Noah Medd
Sent: Friday, January 21, 2022 1:56 PM
To: Katie Anderl <Katie.AnderI@kitchener.ca>
Cc: Debbie Chapman <DeWe. Cha pman g kitch en er. ca>
Subject: [EXTERNAL] ZBA21f022/Cf KA Comments
Hello,
am a resident of In regards to the development application submitted for 95 -101
Cedar St S, I do not believe this development would be useful or beneficial for our community. As it
stands, we only have one meagerly stocked grocery store in proximity to us and an expensive Shoppers
downtown to supply us with food. I do not own a car so I must spend money to go to other
neigh bou rh ood s to acquire food and household goods. I believe this constitutes a food desert, and as
such, I question the decision to introduce more housing when food insecurity in this area has not been
sufficiently addressed.
Thank you for your consideration,
Noah Medd
Page 231 of 336
APPENDIX E — COMMUNITY INPUT
From: Kale Hofstetter
Sent: Thursday, February 3, 2022 8:41 PM
To: Katie Anderl <Katie,Anderl@kitchener.ca>
Suhject: [EXTERNAL] Deve[ opment for 95 - 1a1 Cedar Street Kitchener
Hello Katie,
I am writing in regards to a pamphlet I received in the mail regarding an application for development for
95-101 Cedar Street in Kitchener. I live , in a detached house on I
think that this development is exactly what the neighborhood needs. This type of infill densification is
welcome in my opinion, and the fresh modern design demonstrated in the renderings would suit the
neighborhood. Downtown Kitchener is changing quickly, and some of the worn out homes on Cedar Hill
are past their prime. This type of development is welcome,
do have a question regarding the stalled development on Madison Avenue at the intersection of
Church and Madison. It seemed it was full steam ahead until the pandemic happened. Are there plans
in the works for demolishing the three homes? I heard at one time that stacked condos would be put
up, but the project hasn't moved forward in the last three years. Can you please let me know the
status. The abandoned homes are really bad for the neighborhood, and kids from Cameron Heights
seem to get past the fence often. A push for development on that site is needed.
Kale Hofstetter
-----Original Message
From: Heidi -Anne Keiser
Sent: Friday, January 21, 2022 7:07 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: [EXTERNAL] About the 95-101 Cedar St S application
Hello Katie,
My husband and I received the flyer for the new development. We are excited to see how it will turn
out. Our only question is how big are the townhouses? Hope you have a great night!
Sincerely,
Heidi Keiser
Page 232 of 336
APPENDIX E —COMMUNITY INPUT
From: CHRISTINE SMITH
Sent: Sunday, January 23, 2022 8:56 AM
To: Katie Anderl <Katie.Anderl@kutchener.ca>
Cc: Debbie Chapman <Debbie.Chapman@kltchener.ca>;
Subject: [EXTERNAL] 95-101Cedar Street South
Hi Katie.
We are residents onWhile the concept of the housing project is not an
issue for us the parking is. is one way and our driveways are a challenge due
to the hills and .space. As new developments are happening in our neighbourhood we are
seeing an increase of parking on our streetfrom the multiple dwelling on Cedarstreet and
those visiting the residents. At times it is very difficult to get in and out of our driveway due to
the number of cars on our street and the limited parking spaces on the new developments or
additions to homes. The reality is people have cars and limiting parking spaces in new
projects has a negative impact on our streets and surrounding streets.
hope the parking issue will be addressed with all those involved with the project.
Christine & Randy Smith
�rom: Sally Gunz
Sent: Wednesday, January 26, 2022 4:51 PIVII
To: Katie Anderl <Katie,Anderlkitchener,ca>
Subject: [EXTERNAL] 95-101 Cedar S
Katie:
I have been involved in all the zoning changes and proposed changes for our community (since the early
1990s) and I am afraid I don't understand the difference bet teen the "zoning from R-5 to R-7 with
special regulation provisions allow redevelopment of lands with a 24 unit stacked townhouse complex.
(C/R OPA21/D13/C/KA)" and the other application change.
;Khat isn't clear from the application is hew blg the townhouses will be -- one, two or more bedrooms?
Also whether there is any space around the project. Is it possible to get a better indication of the site
plan so l can see the location of the building on the site and vis-a-vis surrounding buildings?
Thanks very much. Sorry if my questions sound a bit naive but I'm not good at the tecrncal language.
BTW, I thought underthe proposed zoning for the area, this wouldn't happen on Ceda- b-1 maybe this is
w rang. Ha s the proposed zon i ng go ne th rough yet?
Sally
Page 233 of 336
APPENDIX E —COMMUNITY INPUT
From: Karen Taylor -Harrison
Sent: Thursday, February 3, 2022 5:55 PM
To: Katie Anderl <Katie.AnderlC@kitchener.ca>
Subject: [EXTERNAL] 95-101 Cedar Street South
Good Qu Ms. Anderl:
Thank you to the City of Kitche ne r fo r the opportunity of commenting on the proposed deveIopmernt
located at 95-101 Cedar Street South.
do have some issues with more condos but they are related to the difficulties in reaching people living
in condos to become active members of our community.
do have concerns about the amount of traffic that will be added to a relatively narrow street that is
also the steepest street in the Region. The sheer volume and speed of vehicles coming into our
community using Cedar Street to attempt to bypass other streets that might....GGd forbid... slow them
down and make them one or two minutes bate has increased exponentially the point where my family
accesses our home on Church Street at g Street via Benton Street.
used to access Church Street via Madison Avenue coming from Courtland but I have nearly been
clipped so many times at the four way due to properties not allowing clear site lines. Now I travel to
Benton Street.
believe the plan to make one part of Cedar Street S. one way will only confuse and annoy people who
already have very short fuses so Cedar Street now becomes a street that I no longer will use at all simply
because it is unsafe.
would like to know whether the increase of traffic on an already busy street was at all considered
during discussions of site plans for this development.
I cannot imagine how people on St. George will feel about this development and people from there
using St. George to park on along with the reduction of parking at 86 Cedarstreet S. that will have
people scrambling for parking.
It is wonderful that vire are planning for al walking, bike riding city but we are not there yet and what do
people do with their vehicles in the meantime?
Thank you again for the opportunity to comment.
Regards
Karen Taylor -Harrison
Koren Taylor-Hcxrrison
Cedar Hill Community &roup
Page 234 of 336
APPENDIX E –COMMUNITY INPUT
On Feb 4, 2022, at 2:20 PM, Karen Taylor -Harrison . rc =�a:
Please use the above ema°' address.
Thar, < you Katie. I appreciate your response. I am aware that there studies done re traffic b e =-
' e-.'cular, pedestrian a -id no doubt bicycles but I assumed by the City of Kitchener not the applicart.
That "feels' like a conflict o` interest It would follow in my mind that the applicant therefo-e could
be help respo ns i b le for a ny ensuing dam agefinjury/loss of life should vehicuIar.accidents occur or
Cedar Street S that could be proven to be as a result of increased traffic fIow- Any concessions,
conce;-m, thoughts give to parking of overMcw vehicles on the applicant's property?
Don't mean to be difficult here Katie but we have lived here for over 30 years and plan to age out in thJs
house_ The thoughts of being "forced" out of our home because it is now more dangerous for us to walk
or drive as a resul# of the increase of traffic is most worrisome_
—Original Message—
From: Daren Taylor -Harrison
Sent_ Thursday, February 10, 2022 12:55 PM
To: Katie Anderl <KatieAnderIPkitchener.ca>
Subject_ [EXTERNAL] Re: Email
Good day Katie:
I read in the paper today about plans to change the configuration of Duke Street based on a "Toronto
model".
We are NOT Toronto) Toronto has lots of streets crossing each other. We are a very small downtown
and using of streets is limited and add traffic to ether streets_ Cedar Street I feel will now take any
vehicles not wanting to deal with the changes being proposed for Duke Street.
I have been in meetings Katie where the staff told us their physical mandate for study traffic pa#terns_ It
was not all encompassing_ If you have staff a.vho don't live or drive in the downtown then those
restrictions to their mandate makes sense.
Another condo building on Cedar Street in my mind just adds more possibility for accidents_
Karen
From: Karen Taylor -Harrison
Sent: Friday, February 11, 2022 12.:.22 PM
To Katie Anderl <Katie_Anderl kitchener_ca>
Subject: [EXTERNAL] Re: Re: Email
Thank you for your reply. The other problem Katie is that the streets are old___ like m ._I -0k, narrow anc
some of the homes and properties force a vehicle to actually pull past the earner to obta - clear s"te
lines ___ Sg____ Church coming from Madison to Cedar South_
The hill is steep therefore limiting site lines from Courtland up the Cedar Hill. If you are stopped at the
stop signs located cn Church Street at Cedar Street S_ you pray to one is speeding up the hill because it
is almost too late to avoid an accident because your sight lines are limited_
We will be forced to go to Edenton to access our tiny neighbourhood_
Sorry to beleaguer ycot but frankly I am worried_
Page 235 of 336
APPENDIX E —COMMUNITY INPUT
On Feb 13, 20221 at 9:40 AM, sharon Bergen
Dear City of Kjchener
I'm a home owner in the Sandhills/C:edar street area.
Here are my concerns about 95-101 Cedar St. S.
There are two stacked townhouses at 4 storeys,
Do they match the height of the neighbourhood?
2-3 storms 2 buildings seem very crowded for that space.
The 2nd building - do balconies look down on the neighbours backyard. Are lights shining down -r
neighbours? Their privacy is important,
Is there a plan for a green space for a children's playground? And a garden with trees. plants etc.
Is there a plan for a privacy fence around this property ?
Over the past few ygars we have seen a real increase in yo ung families moving into this area anc
restoring these older homes. Hope to see more of this.
Thanks,
Sharon Bergen
Hi Sharon,
Thanks for reaching out and submitting your commer:ts Or tle application.
I -4viII add you to the circulation Iist so you wiII receive notice Of upe"Omirg re'.ghoourhood and/or pubii+r
meetings.
Your comments will be considered and summarized in the fallo-wing ways:
• In the preparation of a 'What we heard' summary rem
• During my Planning analysis; and
• In a recommendation reportto Cour,col.
Additional information about the proposal can be found online including additional images and the
conceptual site plan.
https,//app2.kitchener.ca/AppDocsf0penUata/AMANDADataSets/Supporting Documents List 641614.
pdf
Images:
https:/Iapp2.kitchener.ca/AppDocsfOpenData/AMANDADataSets/641614 3D 2DRendering.pdfThe
Site Plan:
https://app2.kitchener.ca/AppDocsjOpenDat@/AMANDADataSets/641614 Conceptual%20Site 2DPlan,
pdf
There are balconies and windows on all sides of the units. We will require a lighting plan as part of the
detailed site ,plan, and they must design lightingso that it does not cause a glare onto neighbouri..,g
row and it cannot 'spill' over the property line (and must be dark sky complian ).
Page 236 of 336
APPENDIX E —COMMUNITY INPUT
The ceveluper is proposing a courtyard amenity area between the hvo buildings. Additional landscaping
details will be reviewed through the detailed site plan stage, but there will be a requirement for
plartirgs. I .v i I Iiave to follow-up with the applicant about fencing details, howe'rer vire typically would
requ're a vis,uaI ba rrier araund such a development.
Find Regards,
Katie
Katie Anderl
.Senior Planner I Planning Division I City of Kitchener
519-741-2204x7387 I TIY 1-866-969-9994 1 katie.anderl[kitchener,ca
Page 237 of 336
APPENDIX E -COMMUNITY INPUT
Page 238 of 336
APPENDIX E –COMMUNITY INPUT
February 14, 202 'I
Joame Dill & John HolLaud
Brad Hill
Katie Anderl- Senior Planner
City of Kitchener
katie-anderlgldtchenier. e a
Debbie Chapman, City Councillor
Ward 9
debbie-chapman Uchener. ea
Re- Application for Development at 95-101 Cedar Street South- Kitchener
Bear Kitie 3.u.derl and Debbie Chapman:
W. e object in the strongest possible terms to the proposed development of two four -storey
multiple dwelling townhouses at 95-101 Cedar Street South.
Such buildings will drastically reduce our quality of life and severely limit our right to the
inj oyment to our awn home over the next 20-30 years by
1) Threatening to encroach on our property line, thereby challen.gin g our lights as hotneo4�riers-
21') Completely eliminating our privacy.
J) Causing an unhealthy rise in stress hormones and the potential for illness through the loss of
privacy and by adding an imacceptable amount ofnoise, light and air pollution — day grid night
— straight into our back yard.
4) iiamting the ecosystem by stopping us from creatmg our planned back yard pollinator gardens
— in which we have begun to replace grass Arith mostly native plants — due to lass of natural
light and privacy.
5) Disrupting the mental health benefits of being able to connect with nature by blocking im my
beautiful. mattnre trees from cru sightlme.
Please see the following explanations for why we say this
Page 239 of 336
APPENDIX E —COMMUNITY INPUT
1) Our Property Line
We have read the reports and �Aeived the drawings on the city's website, yet many aspects of this
proposed development are still not clear to us.
At present, there is a fence along the entire rear line of our property_ that fence belongs solely to
us and is located inside our property lime. Our property line extends past the fence by at least
1.6 feet to 0.7 feet, according to the property survey we had done in 2006. At that time, wooden
stakes %ewe placed to delineate otu rear property line, but they were removed without cur
per=ssivn by the people who purchased the property on the other side of most of that fence line.
The Existing Conditions Plan appears to accurately show that our fence is located well vAiithm
our property line.
Some of the dra%� ngs that show our property lime depict a wooden fence but none of the
drawings state whether they are showing our fence or a new fence they intend to build; either
way- 1) our fence does not sit on the property line and must not be as:sumed to be doing so; and
2.) they may not build a fence directly on our property line. The standard, as use understand it, is
to build a fence %Nithm one's own property line, which is not clearly indicated by the draivings_
(Conceptual Site Plan- page: 1: "1.8m HIGH VISUAL BARRIER, ('UG'OOD FENCE)')
In addition, at least same of the parking spaces will be located "at the rear of buildings." It is not
clear how close to our property line, or our fence, the cars will be able to park_ (lam -roan Design
Brief Section 6-5-, Dr ve%Nmy & Parking)
We must not have a situation in which -vehicles using their parlcLug area can collide with our
fence_ People accessing that area must not be perinitted to scale our fence in order to use our
back yard as a short cut_ 'We do not give permission for our fences to be used for signage, light
fixtures, or anything else.
For these reasons, we also obj ect to the request "[t] o pernnit a rear yard .setback of 5.4 5 metres
instead of 7.5 metres_:' (tarring B�-Idw Amandrrrent Z3AJJ10J31C1KA, ficial Purr Amendment
OPA2I10221C'Il !)
Our property line must be respected_ The mteggV of our fence must be safeguarded -
Page 240 of 336
-3-
'1 Loss of Privacv
APPENDIX E —COMMUNITY INPUT
The Urban Das gn Brrgf contains an egregious he concerning the loss of privacy this proposed
development will cause us. In response to the city's compatibilirY requirements_ Section 4.1
states as follows (emphasis added):
--d) New buildings. additions_ modifications and conversions are sensitive to the exterior areas of
adjacent properties and that the appropriate screening and'or buffering is provided to mitigate
any adverse impacts. particularly with respect to privacy.
..Design Response: Retaining walls. landscaping and fencing have been incorporated as privacy
shields. Window orientation and lighting have been piimalih- oriented internally and towards
the street to minimize privacy impacts on surrounding sites. The lands abutting the rear
property line have significant mature trees that protect thein piivacy."
First: Drawings clearly show that they intend to have balconies (ixith sliding glass doors). and
probably also large windows. facing our backyard. despite stating they will JI]imit views onto
adjacent properties by providing for units fronting on to Cedar Street and internal to the site."
(Urban Design Brief. Section 3.0: Section 6.2. Site Design: Section 6.3. Building Facades-, and
Section 6.5. Windows: also Conceptuai .Site Plan. page _').
Second: «-E FL-kVE :\-O NLAnRE TREES ON OLTR PRDPERIT We have five small trees
(that %will not grow much taller) along a different property like and they will do nothing to
provide privacy from the proposed development. %17e have ZERO trees along our rear proper_
line. as you will see in this photograph, taken in our back yard in January _'U 2.
Page 241 of 336
APPENDIX E —COMMUNITY INPUT
_4_
An important detail to keep in naiad when considering our loss of privacy is the height of the
elevation of the proposed) site- plus the height of the buildings; compared to the height of our
home and the first half of our back yard, which is considerably lower. Only the ba ck half of our
yard is at the same elevation as the building that would be. closest to us -
Also, although the buildings are described as being fcnu storeys in height: since the first occupied
floor is one storey above, ground level, they are effectively five storeys high- (Urban Design
Brief Section 3.2)
It is as if the developers are completely ignoring the impact this building will have on us -1h7 ile.
they state that "[b]alconies overlook the Cedar Street right of way and the common amenity area
located at grade and central to the site," the accompanying drawing clearly shows balconies.
overlooking our back yard. (Urban Design Brief, page 13 )
It is not clear )rote close the balconies will be to our proper line or our fence- For this reason,
we reiterate our objection to the request jflo permit a rear yard setback of 5.45 metres instead of
7-5 metres-" (Zoning B)Irrw. .4mendment ZBA21 131CKA; OffIcial Plan Amendment
OPA2110221CIKA)
The buildings are described as consisting of "24 residential units, which is an increase of 17 units
compared with the existing site-" This represents a huge jump in the number of people who will
be able to overlook our back yard and home, from a significantly increased height- (Urban
Dae ign Brief; Section 3-2, Conceptual Design)
It %01 be impossible for the builders to " [o]rgan ze porches, balconies and patios to reduce
overlook onto other private spaces_" (Urban Design Brief- Section 6.5 - Balconies)
We will have no pri�:r
Page 242 of 336
-5-
3) Noise, Light and h' Pollution
APPENDIX E –COMMUNITY INPUT
The proximity of these building; and their occupants to our outdoor and indoor living spaces
cannot be overstated.
Noise travels really well in our neighbourboo ; as it is. outdoor gatherings —€specially at night
when the weather is good — create a level of noise th-.it makes it difficult to sleep, but
fortunately our neighbours are, for the most part, a msiderate, and they unlit this type of
gathering. The addition of many more people, and the provision of an outdoor courtyard/party
space;, will raise the noise level and %%rill likely disturb many more nights of sleep. Their cars:
some of which will be parked on the other side of our property line, will likely add to the noise
level at any time of the dad, or night as well. {"190 square metres of outdoor amenity space
central to the two stacked townhouse buildings_" Urban Design Brief, Section 3-2 and Section
6.5}
-No matter what they say, the lights inside and outside the buildings will add to the light pollution
in the neighbourhood, which has become terrible after multi -unit buildings were erected at 110
Madison Avenue South and on Cedar Street next to the proposed building site -
And there's no getting around the fact that the neighbourhood's air quality v6ill be worsened by
the increase in the number of cars_
Cour stress levels xvill rise and our health mU suffer_
4) Harming -Mother Nature
This is not an income property_ this is your home, and we expect to live her, for the next 2030
years_ We are small homeowners and have to do our yard work ourselves. We. have already
started working on our long-term plan to convert as much of our grass lawn as possible to
pollinator gardens, using as many native plants as we can_ so we can do our part to prosy ide food
and shelter to birds, butterflies and all runner of insects that are beneficial to our planet. Another
reason for doing this is that native plants require significantly less water than grass, which will
lessen our consumption footprint_
The proposed buildings would cast much of our back yard into shadow.
This would kill our plans to create nurhuring Vollinator gardens on our own back yard.
Page 243 of 336
-6-
-5) Further Disconnecting Us from 'nature
APPENDIX E —COMMUNITY INPUT
In addition to blocking our light. the proposed buildings would also block oiu viety of the
gorgeous, mature trees that use can see, not only from otu back }yard, but from our kitchen and
upstairs lAindows as well- It xxill probably also block much ofoiu view of the spectacular gtmsets
that fill our hearts mthJoY-
Urban planners understand now that people need to feel, and be- connected to nature in carder to
lead healthy. productive lies as citizens.
The loss of oiu ability to see the beaxq of the natural tivorld will lead to a loss of connection to
our neighbourhood and the friendly people who live here.
'4'tiTe vgll feel as if we are living in nothing more than a tenement block- overlooked by strangers.
Thank you for taking the time to heal our concernsas hon'.ecat4mersand residents of the Ciro of
Kitchener. We look foamy and to your response -
Sincerely,
From: Katie Anderl
Sent: Friday, February 18, 2022 3:53 PM
To: Joanne 1-1111
Cc: Debbie Chapman <IDe bbie. Chapman@ kitchener.ca>
Subject: RE: [EXTERNAL] Response to application for development at 95-101 Cecar Street South
Hi Joanne,
Thanks again for taking the time to submit your comments with respect to the proposal.
At this point I can offer a few comments in response to the matters you identify, and I also encourage
you to attend the virtual Neighbourh€aod Meeting which wiII be a great opportunity to discuss the
project further (I wiII be sending on meeting invitation details shortly),
With respect to your property line and fence, any development on this site could not encroach onto
your property. They will need to install a fence or other visual barrier around the periphery of the site,
and the conceptual site plan shows that it would be fully on their property.
With respect to light pollution, should the zoning be approved, the applicant will be required to receive
Site Plan approval before they could begin construction. This prc-cess provides for a detailed review of
not only the building and site, but also -of matters such as engineering, l�ngLc�!Piny' and lighting. A
lighting plan vtrill ensure appropriate light levels are achieved on-site, and lighting must be planned to
minimize light spilling onto neighbouring properties. Light fixtures are required to 13 =4..II Crit -off which
helps to reduce glare and must be dark sky + compliant:. We aim to minimize the impact a- i¢hti')¢ on
neighbouring properties.
Page 244 of 336
APPENDIX E — COMMUNITY INPUT
City staff are continuing to review the proposed application, and we are also evaluating matters such as
overlook and privacy of neighbouring properties, and the proposed reduction to the rearyard setback.
Kind Regards and I'll be in touch again shortly with information about the neighbourhood meeting,
Katie
Page 245 of 336
APPENDIX E —COMMUNITY INPUT
From: Zak Hannah _
Sent: Wednesday, February 16, 2022 12:25 PM
To: Katie Anded < Katie.Anderl@kitchener.ca>
Subject: [EXTERNAL] 95-101 Cedar Street
Hi Katie,
Thanks very much far the circulation of the Planning application affecting 95-141 Cedar St rte _ i an -1
pleased to see investment in my neighbourhood and I understand that City's desire to intensify to create
additional housing units in the downtown core and within walking distance of the ION. The applicatior
proposes amendments to both the Official Plan and Zoning by-law for the site. If staff and Council
rilti7ately support this application, I hopethat you will ensurethat the site development is functional
(i,e, setbacks, parking supply, open spaces are sufficient) and that the same rules will apply to other
-acre applications in the area,.
Please keep me informed of this application by providing me with the future notices of the public
meeting and decision.
Thanks.
Zak Hanrah
From: Aaron
Sent: Wednesday, February 16, 2022 2:02 PIVI
To: Katie Ander) <Katie,Anderl@kitchener,ca>
Cc: Richard Kelly-Ruetz <Richard,Kelly-Ruetz@kitchener.ca>;
Subject: [EXTERNAL] Re: Re: Re; Zoning Question about 95-101 Cedar Street South
Hi Katie,
I see and thanks for the explanation, and I will continue work with Richard on my case.
For the 95-101 Cedar Street South, I don't have any specific comments with respect to the proposed
developments ackgallyl_I would like to see it get approved since it brings jabs to our
local community/economy and helps with current housing shortage problems,
Thanks
Aaron
Page 246 of 336
APPENDIX E —COMMUNITY INPUT
From: Irene Brenner
Sent: Friday, February 18, 2022 3:15 PM
To: Katie Anderl <Katie,Anderl kitchener.ca>, Debbie Chapman <Debbie.Chap man(@kitchener,cs };
thawkins rrrhbcIalan.ccm
Cc:
Subject: [EXTERNAL] Comments Re, 95 - 101 Cedar St. South
Hello Katie:
My husband and I live at — and are concerned about two things with the new multi-
dwelling stacked townhouses.
First, there is no fixed income units available when there are manyfixed income families in this
neighbourhood who will net be able to access these units. There is a huge need for law
income/fixed-income housing in this city, especially in the downtown core. Theshould
demand a percentage of units being provided for low/fixed income families: of every
development being built.
Second is the transportation issues that will likely happen once it is guilt. I read the
transportation report and see that the developers are using the 2014 figures of Peak time
traffic flaws. The 2021 fiigures were not re eva nt because so marry people are working from
home due to the pandemic. What veas not considered is the ION track on Charles Street that
opened in 2019. Since that time many vehicles are turning South up the Cedar St hill since they
can't turn south onto Madison, or EU St.'s. Drivers are also not allowed to turn left at King St.
onto Frederick/Benton St. There have Leen a lot more drivers coming up Ceda r St to access
Courtland.
It is unlikelythat City council will consider adding a stop light at Cedar St. and Courtland since
there is already a light at Madison and Courtland. It was noted that the speed limit is
SDkm/hour. Perhaps that could be slowed to 30km/Lr-for safety as vehicles come to the top of
the hill. The corner at Cedar and Church has major blind spats due to the hill.
Another suggestion is having a four way stop put in at Cedar and Church to slow traffic, but still
kelp it moving. ----
do hope that you will share these concerns with the appropriate people involved,
Thank you,
Irene Brenner & Jeffrey Honey
Page 247 of 336
APPENDIX E —COMMUNITY INPUT
Frorn: Katie Anderl
Sent: Friday, February 18, 2022 3:45 PIM
To: Irene Brenner Debbie Chapman <Deb~ lie,---l7al,,man•�kittiliener,ca>o
thawkins@rnhbcplan.cc)m
C ; Dave Se I I e r < Dave.Se I ler@ kit,chener.ea>
Subject: RE: Comments Ref 95 -101 Oedar St. South
Good Afternoon Irene,
Thanks for providing your comments with res*ct to the proposal,
I appreciate your thoughts about affordability of housing in the Com. While we don't currently have the
authority tO require affordable housing units, we can explore affordability with the developer as vire
continue to review and consider the development proposal.
City Transportation Services are also reviewing this application and I have copied Dave in our
Transportation Services division so that he can consider your feedback in his review.
While separate from this application, there will he some changes coming to Cedar Street this coming
year. As park of the City's planned improvements to the downtown cycling grid (approved in 2020).
Cedar Street is planned to be changed to a one-way street from Weber, thrcugl' t -)e dc -v r3town, to
Church Street, and two-way on -street cycling lanes will be added (like the retient c -ho nges on Joseph
5t). As part of this work, I understand that a stop sign will be added at Cedar 0-1d ChLirch St-ee" You
can learn more about the changes here: https;/jwww.engagewr.ca/downtoa %,n-c-,+:-ling-gf'd ,
Your comments will be considered and summarized in the following way's;
+ In the preparation of a'What Vire heard' summary r
through staffs planning analysis; and
+ In a report to Council.
We will be scheduling a neighbourhood meeting for this proposal at the end of Varch, and I expect I w-11
be able to send out meeting invitations next +week.
I will add YOU to Our circulation list so that you wil l continue to receive notices of upcoming n-ieet-ngs,
Kind Regards,
Katie
Page 248 of 336
APPENDIX E —COMMUNITY INPUT
From: Katie Anderl
Sent: Thuirsday, February 24, 2022 4:38 PM
To: E Debbie Chapman <Debbie.0 liapman kitchener. a>;
thawkins@rnhbcplan.com
Cc: Dave Seller <Dave,Sellerkitchener.ca>
Subject: RE: [EXTERNAL] 95-101 Cedar St S Safety Concern
Good Afternoon Elisabetka,
Thank you for providing your comment= v ith respect to the proposed application. I will add you to
the circulation list so you v;ill receive not1ce o' upcom ing meetings. A virtual neighbourhood
meeting will be scheduled fo. he end of Nr arch and I v -;ill be sending out notices shortly.
have copied Dave, one of the Citjrs Tramportatior Planners, on my response to you, so that he is also
aware of your concerns. My understanding is that a step s -gr will be added on Cedar at Church 5t as
part of the planned improvements to Cedar Stree this yesr, This ,..ill help the transition from a ane -way
to a two-way street and will ailsc help slovv traffic.
Your comments will be considered and summarized in the following ways:
In the preparation of a `What we heard' sum mart' r
During my Planning analysis; and
In a recommendation report to Council.
Kind Regards,
Katie
Katie Anderl
Senior Planner I Planning Division I City of Kitchener
519-741-2200x7987 I TTY 1�1366-969-9994 I katie_anderlftitchener_ca
From: E G
Seri: Thursday, February 24, 2022 12:48 PM
To: Katie Anded <Katie.Anderl P kitchener.ca>; Debbie Chapman <Debbie.Chap man @ kitchener,ca>;
thawkins@mhb-cplan.com
Subject: [EXTERNAL] 95-101 Cedar St S Safety Concern
Hello,
First I would like to say that I'm glad that not all neer housing developments are tall condo buildings. I
think this will be a perfect example of other options and welcome it tothe neighborhood. I do not tnink
that more than one parking spot per unit is necessary, we should be encouraging use o' the conver ient
transit system located down the street. The additional parking should instea=d be turned into common
green space so that the residents have a place to relax and form community connections.
Second Cedar street at Church street is an incredibly dangerous intersection already and I am concerned
about increased vehicle traffic. The fact that Church st has stop signs but not Cedar seems reversed tram
Page 249 of 336
APPENDIX E —COMMUNITY INPUT
the ideal. When you go toturn off of Church street you cannot see dcwr either end of Cedar, especialIy
if there is snow. This leads to many close calls (I personally have experienced 3 su-,h incidents this year
already) and numerous accidents. Given that Church st is novc a dedicated bike street I think it v ould be
hest to putstop signs on Cedar, sothat drivers cannotspeed up the hill while blird to potential traffic.
By removing the stop signs on Church cyclists and pedestrians will not only have right -of way and be aisle
to cross Cedar more quickly and safely, but it will allow cars turning onto Cedar to he seen by oncomirg
vehicles and reduce accidents. If this situation isn't changed it is only a matter of time before a
pedestrian or cyclist is hit or killed by a car unable to see properly over the apex of the hill on Ceda
street. I knov., that there are concerns about speed along Church street and think that a speed bump
near Peter or Ebb streetwould be a great traffic -calming method to supportthe removal of the stop
sigrs on Ch Lirvh.
I have lived on Church street for about 5 years now and have always felt unsafe near the Church/Cedar
irtersection. Whether on fact, bike, or car the fact that drivers can gran it over the hill, while invisible to
those at the intersection, leaves myself and many others feeling anxious and unsafe. With these new
townhouses there will Likely be an increased number of children {given the proximity to multiple
schools) and I think it is time to take the safety of our community more seriously before tragedy occurs.
Thank you for your time, and I look for -ward to a more lively and safer neighborhood!
Elisabetta
Page 250 of 336
APPENDIX E —COMMUNITY INPUT
Froin:INoel McNarnara
Sent: Tuesday, March 29, 2022 9:15 PM
To: Katie Anderi <Katie.Anderl P kitchener.ca>e Debbie Chaprnan <Debbie.Chap man kitchener,ca>
Subject: [EXTERNAL] 95-101 Cedar
Hi Katie,
Just following up from tonight's meetirg.
Can you confirm if the special regulation does in fact propose a reduction in required parking spaces? I
was Bornev, hat confu=:ee by the planner's comment that they do meetthe requirements for parking
spaces ,o; ith a total of 30, i.e,, 27 for residents and 3 for visitors. But isthis not a reduction from what
would norma Ily be required for a 24 -unit multiple dwelling on land zoned R-7? Can you confirm what
would be required Ander rsormal circumstances?
I had also hoped to hear how snow removal is expected to impact available parking spaces. Can you
comment?
I don't believe parking would be such an issue if on -street parking was permitted along Cedar St.
Unfortunately, it is not permitted (nor stopping for that matter) precisely because the road is narrow,
the hill is steep and visibility is poor. Therefore, we would we would really like to be assured that what is
ultimately built does not make the matter worse.
Thank you,
Neel
From: Katie Anderl <lCatie.Anderlkitchener.ca>
Sent: Wednesday, fti.+larch 30, 2022 1:59 PM
To: Noel Debbie Chapman
<Debbie.Chapm,anPkitc.hener.ca>
Cc: Dave Seller <Dave.Sell erRkitchener,ca>
Subject: RE: [EXTERNAL] 95-101 Cedar
Hi Noel,
Thanks for attending the meeting last night and for your questions and comments— I have cc'd Dave in
Transportation on your comments so that he can consider your concerns with respectto on -street
stopping and loading concerns as we continue to review the application.
I can confirm that the applicant is not seeking a reduction in the number of parking spaces overall,
The current zoning by-law requires 1.25 spaces per unit far a multipie dwelling (24 * 1.25 = 30) and of
those 20% are required to be reservedisigned asvisitor parking (6 spaces}.
They are proposing (and have illustrated on their site plan) 30 parking spaces. They are proposing that
27 of these are for residents and that 3 be signed/reserved for visitors.
I have attached a copy of the concept site plan for your information, You ,^will see that they have labelled
an area along the south property line as snow storage area. The details of the site deign —ay be further
refined, but we certainly will require that they demonstrate how snow removal anc _C -.crape wi I be
handled on the site.
Page 251 of 336
APPENDIX E -COMMUNITY INPUT
Find Regards,
Katie
From: Cave Seller <Dave.Seller@kitchener.ca>
Sent: Friday, April 1, 2022 7:13 AM
To: Noel McNamara
Cc: Katie Anderl <Katie.Anoerl lc-,kitcherc-r.ca.-f Debbie ,-_hapman <Debbie.Chapman kitchener.ca,-
Su bj e ct:
a-Subject: 95-101 Cedar 5t S - on -street parking stopping
Hi Noel,
Thank you for your questions regarding Cedar Street South and your participation in this process.
I believe permitting on -street parking along Cedar Street South would be an issue, due to the roadway's
narrow width and existing hill. You are correct that there are parking prohibitions along Cedar Street
South, wwhich occupy both sides of the road betwveen Courtland Avenue East and Charles Street East.
As noted bythe City of Kitchener Planning department, the applica rVt is providing the required amount
of parking (30 spaces) forthe site, however, the applicant is proposing to reduce the visitor parking by
50% from 6 space to 3 spaces and increase the residential parking component. I mentioned at the NIM
on March 29, 2022, based on concerns from residents, that the applicant would consider increasing the
visitor parking to 4 (15�i) parking spaces, which Transportation Services feel is reasonable. When we
reach the site plan stage of this process, the amount of on-site visitor parking being proposed by the
applicant will be brought forward again.
emailed the City of Kitchener By-law Enforcement department and inquired about any on -street
parking/stopping issues along Cedar Street South between Courtland Avenue East and Charles Street
East and I was irformed that on March 23, 2022, aticket was issued, however, there haven't been many
tickets issued alorg Cedar Stree South, By-law officers have been made aware of the concerns by
re=idents retarding son -street parkirg,'stopping along Cedar Street South.
Included is a link to the City of Kitchener Bylaws and enforcement - City of Kitchenerwehl page=h'0L1Id
you wish to contact them and file a report regarding cin -street parking/stopping. YOU can also call 515-
741-234.5 to report an issue or ask us a question,
Dare Seller, C.E.T.
Traffic Planning Analyst I Transportation Services. I City of Kitchener
519-741-2200 ext, 7364 1 TTY 1-866-969-4004 1 dave.seller(Mkitchen er.ca
Page 252 of 336
Appendix C — Newspaper Notice
NOTICE OF PUBLIC MEETING'%NEN-
/
for a development in your neighbourhood
95-101 Cedar Street Southrrc.i-LI
Concept Drawing
AM
In
MuLtiple dwelling FSR 1.46 RedLIC601-6 to
Stacked Townhouses 4 Storeys `_=ethack_
Have Your Voice Heard!
Date: August 8, 2022
Time: 7:00 p.m.
Location: Virtual Zoom Meeting
To view the staff report, agenda,
find meeting details or to
appear as a delegation, visit:
kitchener.ca/meetings
To learn more about this project,
Including information on your
appeal rights, visit:
wwwAitchenenca/
Planningpplications
or contact:
Katie Anderl, Senior Planner
519.741.2200 x 7987
katie.anderl' ,kitchener.ca
The City of Kitchener has received applications to amend the Official flan and
Zoning By, law to facilitate the development of the lands at 9 5 101 Cedar Street
South with a multiple residential development consisting of 24 stacked
townhouse units. The lands are proposed to be redesignated from `Law Rise
Conservation' to 'Low [density Multiple Residential' with a Special Policy Area
and to be rezoned from 'R 5' to 'R 7'' with a site-specific provision to permit a
multiple residential use. a Floor Space Ratio (RSR) of 1.46 and a height of 4
storeys, with an additional partially below grade parking level. and reduced
building setbacks.
Page 253 of 336
follows:
DSD -2022-356 Attachment "B"
PROPOSED BY — LAW
, 2022
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as
the Zoning By-law for the City of Kitchener
— MCD St. Michael's Inc., St. George Inc., Christin George Sokkar,
Hany Ayad, Georgiet Hana Mikhail Hana and Nabil Aziz Ayad
Elserafy — 95 - 101 Cedar Street South)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Schedule Numbers 119 and 120 of Appendix "A" to By-law Number 85-1 are hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Five Zone (R-5) to
Residential Seven Zone (R-7) with Special Regulation Provision 779R.
2. Schedule Numbers 119 and 120 of Appendix "A" to By-law Number 85-1 are hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 779 thereto as follows:
779. Notwithstanding Sections 4.2, 5.6, 6.1 and 41.2 of this By-law within the lands zoned R-
7 and shown as being affected by this subsection on Schedule Numbers 119 and 120
of Appendix `A', the following special regulations shall apply to a Multiple Dwelling:
a) The minimum lot width for a lot containing a multiple dwelling with more than 3
dwelling units shall be 36 metres.
b) The maximum building height for a multiple dwelling which includes partially below
grade structured parking shall be 16 metres. Any multiple dwelling not
incorporating structured parking shall have a maximum height of 14 metres.
c) The maximum floor space ratio for a multiple dwelling which includes structured
parking shall be 1.46.
d) The minimum front yard setback for lands included on Appendix `H' shall be:
• 3.0 metres for any portion of the building not exceeding 4.0 metres in height,
Page 254 of 336
DSD -2022-356 Attachment "B"
• 5.2 metres for any portion of a building exceeding 4.0 metres in height, provided
however that 31d and 4t" floor building projections are permitted to have a setback
of 3.95 metres.
For purposes of this regulation "building height" shall mean the vertical distance
between the lowest finished grade elevation along the lot line related to such yard at
that point closest to the building and the horizontal extension of the uppermost point
of the building.
e) The minimum rear yard setback for any portion of a building not exceeding 3.0 metres in
height shall be 3.5 metres.
f) The minimum side yard setback along the northerly lot line:
• 1.5 metres for any portion of a building not exceeding 9.0 metres in height, and
• 3.0 metres for any portion of a building exceeding 9.0 metres in height.
g) Dwelling units located on the ground floor are not required to have an exclusive use patio
area.
h) Stairs, access ramps and porches having height greater than 0.6 metres above finished
grade level are permitted within the front yard and within 3.0 metres of a street line.
i) That a "driveway visibility triangle" shall be measured from the point of intersection of a
street line and the edge of a driveway a distance of 3 metres from the street line and 4.5
metres from the edge of the driveway."
4. This By-law shall become effective only if Official Plan Amendment No. _ (95-101 Cedar
Street South) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990,
c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of
2022.
Mayor
Clerk
Page 255 of 336
Appendix D - Department and Agency Comments
City of Kitchener
Heritage Planning — OPA/ZBA Comment Form
Project Address: 95-101 Cedar Street South
File Number: OPA21/013/C/KA, ZBA21/022/C/KA
Comments Of: Heritage Planning
Commenter's Name: Deeksha Choudhry
Email: deeksha.choudhry@kitchener.ca
Phone: 519-741-2200 ext. 7291
Date of Comments: June 17, 2022
Heritage Planning staff have reviewed the following documents that have informed the comments
below:
• Urban Design Brief for the proposed development at 95-101 Cedar Street South dated
November 2021
• Proposed Elevations, renderings and floor plans for the proposed development
• Updated elevations and viewshed analysis dated May 2022
Heritage Status
The subject properties municipally addressed as 95-101 Cedar Street South are located within the Cedar
Hill Neighbourhood Cultural Heritage Landscape (CHL) as identified in the 2014 Kitchener CHL Study. The
City of Kitchener is undertaking a detailed review of the land use and planning framework in the Cedar
Hill Neighbourhood, and is preparing a new Secondary Plan for the Cedar Hill Schneider Creek area
which includes the subject lands. This planning process includes consideration for the conservation of
cultural heritage resources including attributes associated with the surrounding CHL and built heritage
resources
Through Planning staff's work on the Secondary Plan and public engagement, the properties municipally
addressed as 97 & 101 Cedar Street South have been identified as properties of specific CHL interest.
These properties were identified given the contribution they make to the viewshed from the top of
Cedar Hill. The view atop Cedar Hill looking southwest affords an unobstructed view for several
kilometres toward the City's countryside and well beyond the limits of the Cedar Hill Neighbourhood.
These properties, however, are not protected under the Ontario Heritage Act.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 256 of 336
Heritage Planning Comments
Since the subject properties do not have heritage status, a Heritage Impact Assessment (HIA) was not
required. Instead, staff requested a section within the Urban Design Brief commenting on potential
impacts to the identified views from the top of the hill and how they should be mitigated. Heritage
Planning Staff have reviewed the Urban Design brief that was submitted in support of these
applications. The Urban Design Brief concluded that:
• The proposed development respects the orientation, setback and design of the buildings on the
neighborhood, and provides a contemporary but compatible development in the neighborhood.
• The original design does not adversely impact the views from Cedar Street.
Initially the building was setback 6.5 metres from the street. However, after staff comments and
comments from the public, the revised design moves the building 1.3 metres closer to the street, to
5.2 metres. Furthermore, the revised design also has a inclusion of doors and stairs entrances along
the Cedar Street entrance to improve the pedestrian scale of the development and make it more
consistent with the adjacent developments.
To accommodate the changes in design, un updated viewshed analysis was conducted to ensure
that the revised changes would not have an adverse impact on the viewshed at the top of Cedar Hill.
The updated viewshed analysis has confirmed that the difference in setback will not have an adverse
impact on the view along Cedar Street. Heritage planning staff are generally in agreement with this
conclusion.
Staff do encourage that the materials used in the proposed development be primarily brick to
ensure compatibility with the existing character of the area.
Heritage Planning staff anticipate the following conditions to be included as part of the Site Plan
process:
• Heritage planning staff require drawings of all four (4) elevations for review and approval; and
• A material sample board be provided for review and approval by heritage planning staff.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 257 of 336
City of Kitchener - Comment Form
Project Address: 95-101 Cedar Street South
Application Type: OPA and ZBA
Comments of: Environmental Planning (Sustainability) — City of Kitchener
Commenter's name: Gaurang Khandelwal
Email: gaurang.khandelwal@kitchener.ca
Phone: 519-741-2200 x 7611
Written Comments Due: February 10, 2022
Date of comments: February 8, 2022
1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application:
• Sustainability Statement — 95-101 Cedar Street South, prepared by MHBC, dated November 11,
2021
2. Comments & Issues:
I have reviewed the documentation (as listed above) to support an Official Plan Amendment and a Zoning
By-law Amendment to redevelop the subject lands with two four-story stacked townhouse buildings
totaling 24 residential units, regarding sustainability and energy conservation and provide the following:
• Although the Ontario Building Code (OBC) is advanced, going forward all developments will need
to include robust energy conservation measures as the City (and Region of Waterloo) strive to
achieve our greenhouse gas reduction target.
• Based on my review of the supporting documentation, the Official Plan and Zoning By-law
Amendments can be supported as a number of sustainable measures have been proposed such
as:
o Electric vehicle charging stations being provided for resident use
o Buildings designed and certified to achieve Energy Star requirements and reaching more
than 5-R values in wall insulation
o Low consumption plumbing fixtures
o Roof structure designed to support future PV installation
• Additionally, a Sustainability Statement (as per the City's Terms of Reference) will be required as
part of a complete Site Plan Application. It can build upon the information already provided and
can further explore and/or confirm which additional energy reduction measures are best suited
to the site, building and development. Potential items for consideration are:
o Community/ common gardens and urban agriculture
1IPage
Page 258 of 336
o On-site composting
o Use of alternative water supply and demand management systems such as rainwater
harvesting and grey water reuse
o Sustainable sourcing of construction and building materials
3. Policies, Standards and Resources:
• Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and
appropriate, alternative energy systems, renewable energy systems and district energy in
accordance with Section 7.C.6 to accommodate current and projected needs of energy
consumption.
• Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage
orientation of streets and/or lot design/building design with optimum southerly exposures. Such
orientation will optimize opportunities for active or passive solar space heating and water heating.
• Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate,
to the satisfaction of the City, energy is being conserved or low energy generated.
• Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the
necessary infrastructure for district energy in the detailed engineering designs where the
potential for implementing district energy exists.
4. Advice:
➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable
Development category. Also, there are community-based programs to help with and celebrate
and recognize businesses and sustainable development stewards (Regional Sustainability
Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability-
initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise).
➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under
`Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement
21 Page
Page 259 of 336
From:
Dave Seller
Sent:
Monday, February 7, 2022 9:37 AM
To:
Katie Anderl
Subject:
OPA/ZBA comments: 95-101 Cedar Street South
City of Kitchener
Application Type: Official Plan and Zoning By-law Amendments
Application: OPA21/022/C/KA & ZBA21/013/C/KA
Project Address: 95-101 Cedar Street South
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: February 7, 2022
a. Transportation Service have no concerns with the proposed Official Plan and Zoning By-law
Amendments being proposed.
b. After reviewing the Traffic Impact Brief (October 26, 2021) submitted by Paradigm Transportation
Solutions Ltd., Transportation Services offer the following comments.
This site is proposing 24 stacked townhouse units with an estimated trip generation of 8 AM and 11
PM peak hour vehicle trips, with one access point servicing the site along the Cedar Street South
frontage.
A review of the site access point was completed for the 2026 Total Traffic Operations scenario. The
site access vehicle turning movements were expressed in average vehicle delay - Level of Service
(LOS) and volume to capacity (v/c) ratios. Under the forecasted 2026 Total Traffic Operations, the
site access is operating with a LOS A and v/c ratio of 0.01 in the AM and PM peak hours. In either
2026 peak period scenario, there is acceptable vehicle delay and sufficient vehicle capacity along
Cedar Street South and the site access.
Cedar Street South is classified as a Neighbourhood Minor Collector which typically functions
between 2000 to 5000 vehicle per day. Based on the 2026 Total Traffic Operations, Cedar Street
South is estimated to operate with 2000 vehicle per day, which is at the lower range of daily traffic
for this classification of roadway.
A stopping sight distance analysis was competed along Cedar Street South at the site access utilizing
TAC guidelines and based on a design speed of 60km/h, an 85m stopping sight distance was
determined. The analysis indicates a shortfall of 36m in stopping sight distance. However, based on
the existing configuration of the roadway, there are other site access points along Cedar Street
South with similar shortfalls. Also, it should be noted that there is minimal vehicular traffic exiting
the site onto Cedar Street South, which is similar to existing access points in the area.
A left turn lane analysis was completed along Cedar Street South at the access point for the 2026
Total Traffic Operations and it was determined that a left turn lane is not warranted.
Page 260 of 336
Therefore, based on the analysis and conclusions provided in Paradigm's report, Transportation
Services supports their findings.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca
�7
Page 261 of 336
From: Mike Seiling
Sent: Tuesday, February 15, 2022 4:53 PM
To: Katie Anderl
Subject: RE: Circulation for Comment - OPA/ZBA (95-101 Cedar Street
South)
Building; no comments.
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Tuesday, February 15, 2022 4:33 PM
To: Bell - c/o WSP <circulations@wsp.com>; 'K -W Hydro - Greig Cameron' <gcameron@kwhydro.on.ca>;
Linda Cooper <Linda.Cooper@kitchener.ca>; Mike Seiling <Mike.Seiline@kitchener.ca>; WRDSB -
Planning <plannine@wrdsb.ca>
Cc: MMohr <MMohr@reeionofwaterloo.ca>
Subject: RE: Circulation for Comment - OPA/ZBA (95-101 Cedar Street South)
Hello,
This is just a friendly reminder that the comment period has concluded and to please forward any
comments you may have to my attention. Information is available at the following
link: https://app2.kitchener.ca/ADDDocs/Open Data/AMANDADataSets/Supporting Documents List 64
1614.pd
Thanks,
Katie
Page 262 of 336
From: Eric Riek
Sent: Monday, March 28, 2022 1:25 PM
To: Katie Anderl
Subject: RE: Circulation for Comment - OPA/ZBA (95-101 Cedar Street
South)
Hi Katie,
I have reviewed the submitted Functional Servicing Report and SWM Report and have no concerns with
the ZBA/OPA proceeding from an engineering perspective.
Any questions, please advise.
Eric
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Monday, March 28, 2022 11:58 AM
To: Eric Riek <Eric.Riek@kitchener.ca>
Subject: FW: Circulation for Comment - OPA/ZBA (95-101 Cedar Street South)
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Friday, January 14, 2022 3:07 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron McCrimmon-Jones
<Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller
<Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds <vped@feds.ca>; GRCA -
Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim
Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Linda Cooper < Linda. Cooper@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; Ontario Power Generation<Executivevp.lawanddevelopment@opg.com>;
Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: Circulation for Comment - OPA/ZBA (95-101 Cedar Street South)
Please see attached. Additional documentation is saved in AMANDA (folders 21-134393 and 21-
134397) for internal staff reference & ShareFile for external agencies. Comments or questions should be
directed to Katie Anderl, Senior Planner (copied on this email).
Page 263 of 336
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
0006OOmOG
Page 264 of 336
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Address: 95-101 Cedar St
Owner: St. Pola Group
Application: OPA21/022/C/KA and ZBA21/013/C/KA
Comments Of: Parks And Cemeteries
Commenter's Name: Lenore Ross
Email: Lenore. ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: Feb 08 2022
❑ 1 plan to attend the meeting (questions/concerns/comments for discussion)
❑X No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
a. Urban Design Brief — MHBC document dated Nov 2021;
b. Site Layout and Floor Plans Samer Nessiem drawings A1.1 -A1.6 rev #1 dated 2021-11-01;
c. City of Kitchener Circulation Letter dated Jan 14 2022;
2. Site Specific Comments & Issues:
I have reviewed the above noted documentation to support OPA21/022/C/KA and ZBA21/013/C/KA to
rezone the lands from Residential Five Zone (R-5) to Residential Seven Zone (R-7) with Special Provisions
for the following:
• To permit a minimum front yard of 6.1 metres instead of 6.75 metres
• To permit a side yard setback of 2.377 metres on the northern side instead of 6.0 metres
• To permit a rear yard setback of 5.45 metres instead of 7.5 metres.
• To permit a parking rate of 1.16 spaces per unit, visitor parking at 10% of required parking
Parks and Cemeteries have no concerns with the proposed OPA and ZBA
3. Comments on Submitted Documents
a. Street Trees will be required along Cedar St S as part of a future Site Plan application and with
the reduced front yard additional soil cell infrastructure may be required.
b. Parkland Dedication will be required as a condition of a future Site Plan application
4. Policies, Standards and Resources:
• Kitchener Official Plan Policy
As per Section 8.C.2 — Urban Forests of the Official Plan ...
o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan
in accordance with the City's Tree Management Policy (available on the City's Website), as a
condition of a development application.
o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road
rights-of-way and encourage new development or redevelopment to incorporate, protect and
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
aw
of 336
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
conserve existing healthy trees and woodlands in accordance with the Urban Design Policies
in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the
Development Manual.
o Please see UDM Part C, Section 13 and www.kitchener.ca/treemanagement for detailed
submission requirements
• City of Kitchener Parkland Dedication Policy
• City of Kitchener Development Manual
• PARTS Central Plan
• Cycling and Trails Master Plan (2020)
• Parkland Dedication Policy
• Chapter 690 of the current Property Maintenance By-law
• Parks Strategic Plan
• Multi -Use Pathways & Trails Masterplan
• Urban Design Manual
5. Anticipated Fees:
The parkland dedication requirement for this development proposal will be deferred at the Official Plan
and Zoning By-law amendment applications and assessed at a future Site Plan Application. Parkland
dedication will be assessed based on the land use class(es) and density approved through the OPA and
ZBA and required as a condition of Site Plan Approval.
Parkland dedication will be taken as cash -in -lieu of land.
Dedication requirements are subject to the Parkland Dedication Policy current at the time of a formal site
plan application. Please be advised that the City of Kitchener Parkland Dedication Policy is currently under
review
Street Trees will be required along Cedar St S as part of a future Site Plan application
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Paaw
"299 of 336
N*
Region of Waterloo
Katie Anderl
Senior Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Ms. Anderl,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionotwaterloo.ca
Melissa Mohr 226-752-8622
File: D17/2/21013
C14/2/21022
June 14, 2022
Re: Proposed Official Plan Amendment OPA 21/013 and
Zoning By-law Amendment ZBA 21/022
95-101 Cedar Street
MHBC Planning (Trevor Hawkins) on behalf of St. Pola
Group Inc.
CITY OF KITCHENER
MHBC Planning on behalf of St. Pola Group Inc. has submitted an Official Plan
Amendment and Zoning By-law Amendment for a development proposal at 95-101
Cedar Street in the City of Kitchener.
The applicant is proposing to develop the subject lands with two four -storey stacked
townhouse buildings totaling 24 residential units and 30 parking stalls provided on site.
The subject lands are designated Low Rise Conservation on Map 11 of the Cedar Hill
Secondary Plan and the applicant has proposed to redesignate the lands from the Low
Rise Conservation Designation to the Low Density Multiple Residential to permit a
maximum FSR of 1.0 (whereas a max. FSR of 0.75 is permitted). The subject lands are
zoned Residential Five Zone (R-5) Zone to Residential Seven Zone (R-7) with special
provisions to permit a maximum front yard of 6.1 metres (whereas a front yard of 6.75 m
is required); to permit a side yard setback of 2.377 metres on the norther side (whereas
6.Om is required), to permit a rear yard setback of 5.45m (whereas 7.5m is required)
and to permit a parking rate of 1.16 spaces/unit (whereas 1.25 spaces/unit is required)
Document Number: 4104668 Version: 1
Page 1 of 4
Page 267 of 336
and a visitor parking rate of 10% (whereas 20% of the total required parking is
required).
The Region has had the opportunity to review the proposal and offers the following at
this time:
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of
the Regional Official Plan (ROP) and the site is located in the Major Transit Station Area
of the City of Kitchener and is designated Low Rise Conservation Designation in the
City of Kitchener Official Plan.
Planned Community Structure:
The Urban Area designation of the ROP has the physical infrastructure and community
infrastructure to support major growth and social and public health services (ROP
Section 2.D). The ROP supports a Planned Community Structure based on a system of
Nodes, Corridors and other areas that are linked via an integrated transportation system
(ROP objective 2.1 and 2.2). Components of the Planned Community Structure include
the Urban Area, Nodes, Corridors and other development areas including Urban Growth
Centres (UGC's) and Major Transit Station Areas (MTSA's).
Most of the Region's growth will occur within the Urban Area and Township Urban Area
designations, with a substantial portion of this growth directed to the existing Built -Up
Area of the Region through reurbanization. Focal points for reurbanization include
Urban Growth Centres, Township Urban Growth Centres, Major Transit Station Areas,
Reurbanization Corridors and Major Local Nodes (ROP Section 2.13).
Regional staff acknowledge that the subject lands are located within 500-800 m of
multiple Stage 1 ION stops and is located in the Regional Council Endorsed Kitchener
Market Major Transit Station Area (endorsed by Regional Council through the ongoing
Regional Municipal Comprehensive Review). The applicant has proposed a higher
density development with a reduced parking rate on site. Higher density development
with a reduced parking is supported within Major Transit Station Areas.
Stationary Noise:
The stationary noise study entitled "Stationary Noise Impact Study, 97-101 Cedar Street
South, Kitchener, Ontario" prepared by JJ Acoustic Engineering Ltd. dated July 26,
2021 and an update received June 13, 2022, which includes minor edits has been
reviewed by Regional staff.
The report concludes that predicted noise levels at all on-site points of reception (due to
off-site noise sources) are below the MECP's NPC -300 noise guideline sound level
limits for a Class 1 acoustical environment for the daytime and nighttime periods.
Document Number: 4104668 Version: 1
Page 2 of 4
Page 268 of 336
The report also concludes there are no significant on-site noise sources that may impact
off-site sensitive receptors. The report notes mechanical equipment for the buildings is
similar to that of a single-family home and that noise is considered to be
insignificant. The applicant has advised that Packaged Terminal Air Conditioning
(PTAC) units will not be used for this project.
Based on the above, the impact of on-site noise sources on on-site sensitive receptors
is also expected to be insignificant and no mitigation is recommended. Staff concur with
the conclusions and recommendations of the report.
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. Staff 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
below the average purchase price of a resale unit in the
$576,347
regional market area
*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 $576,347.
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
east expensive or:
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
Document Number: 4104668 Version: 1
Page 3 of 4
Page 269 of 336
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.
Fees
By copy of this letter, the Region of Waterloo acknowledges receipt of the review fees of
$6,900.00.
General Comments:
Based on the above, Regional staff have no objection to the Official Plan Amendment
and Zoning By-law Amendment. 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. St. Pola Group Inc. (Owner)
Trevor Hawkins, MHBC Planning (Applicant)
Document Number: 4104668 Version: 1
Page 4 of 4
Page 270 of 336
From: Trevor Heywood <theywood@grandriver.ca>
Sent: Monday, January 17, 2022 2:17 PM
To: Katie Anderl
Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (95-101 Cedar
Street South)
Hi Katie,
This is not regulated by the GRCA and we have no comment.
Regards,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
theywood(a)grand river. ca
www.grandriver.ca I Connect with us on social media
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Friday, January 14, 2022 3:18 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron McCrimmon-Jones
<Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller
<Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; 'Peds' <vped@feds.ca>; Planning
<planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango
<landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman
<Justin.Readman@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; 'K -W Hydro -
Greig Cameron' <gcameron@kwhydro.on.ca>; Linda Cooper <Linda.Cooper@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; 'Ontario Power Generation'
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>;
Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: Circulation for Comment - OPA/ZBA (95-101 Cedar Street South)
Please see attached. Additional documentation is saved in AMANDA (folders 21-136167 & 21-136168)
for internal staff reference & ShareFile for external agencies. Comments or questions should be directed
to Katie Anderl, Senior Planner (copied on this email).
Christine Kompter
Administrative Assistant Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchener.ca
Page 271 of 336
Page 272 of 336
From: planninganddevelopment <planninganddevelopment@bell.ca>
Sent: Wednesday, February 16, 2022 11:29 AM
To: Katie Anderl
Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (95-101 Cedar
Street South)
Hi Katie,
Bell Canada doesn't have any comments for this OPA/ZBA.
Ryan Courville
Access Network Provisioning Manager I Planning and Development
C: 416-570-6726
100 Borough Dr. FI. 5 Toronto, Ontario
dw
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: February 15, 2022 4:33 PM
To: CA - Circulations <CA.Circulations@wsp.com>; 'K -W Hydro - Greig Cameron'
<gcameron@kwhydro.on.ca>; Linda Cooper <Linda.Cooper@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; WRDSB - Planning <planning@wrdsb.ca>
Cc: MMohr <MMohr@regionofwaterloo.ca>
Subject: RE: Circulation for Comment - OPA/ZBA (95-101 Cedar Street South)
Hello,
This is just a friendly reminder that the comment period has concluded and to please forward any
comments you may have to my attention. Information is available at the following
link: httr)s://app2.kitchener.ca/ADDDocs/Open Data/AMANDADataSets/Supporting Documents List 64
1614.pd
Thanks,
Katie
NOTICE: This communication and any attachments ("this message") may contain information which is privileged, confidential, proprietary or
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Page 274 of 336
From: Planning <planning@wcdsb.ca>
Sent: Tuesday, February 8, 2022 3:47 PM
To: Katie Anderl
Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (95-101 Cedar
Street South)
Good Afternoon Katie,
The Waterloo Catholic District School Board has reviewed the subject application and based on our
development circulation criteria have the following comment(s)/condition(s):
A) That any Education Development Charges shall be collected prior to the issuance of a building
permit(s).
B) That the developer shall include the following wording in the site plan agreement to advise all
purchasers of residential units and/or renters of same:
"in order to limit risks, public school buses contracted by Student Transportation Services
of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately
owned or maintained right-of-ways to pick up and drop off students, and so bussed
students will be required to meet the bus at a congregated bus pick-up point."
If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Friday, January 14, 2022 3:18 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron McCrimmon-Jones
<Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller
<Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; 'Feds' <vped@feds.ca>; GRCA -
Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplannine@hydroone.com>; Jim
Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; 'K -W Hydro - Greig Cameron'
<Rcameron@kwhydro.on.ca>; Linda Cooper < Linda. Cooper@kitchener.ca>; Mike Seiling
<Mike.Seiline@kitchener.ca>; 'Ontario Power Generation'
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>;
Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
Page 275 of 336
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Katie Anderl <Katie.Anderlftitchener.ca>
Subject: Circulation for Comment - OPA/ZBA (95-101 Cedar Street South)
Caution - External Email - This Message comes from an external organization. Do NOT click on
unrecognized links or provide your username and/or password.
Please see attached. Additional documentation is saved in AMANDA (folders 21-136167 & 21-136168)
for internal staff reference & ShareFile for external agencies. Comments or questions should be directed
to Katie Anderl, Senior Planner (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
Disclaimer - This email and any files transmitted with it are confidential and contain privileged or
copyright information. You must not present this message to another party without gaining permission
from the sender. If you are not the intended recipient you must not copy, distribute or use this email or
the information contained in it for any purpose other than to notify us. If you have received this
message in error, please notify the sender immediately, and delete this email from your system. We do
not guarantee that this material is free from viruses or any other defects although due care has been
taken to minimize the risk. Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of the Waterloo Catholic District School
Board.
Page 276 of 336
PLANNING
DEPARTMENT
via email
Katie Anderl
Senior Planner
katie.anderl@kitchen er.ca
March 11, 2022
Re: Zoning By-law and Official Plan Amendment Application
File No.: ZBA21/013/C/KA and OPA21/022/C/KA
Municipality: City of Kitchener
Location: 95-101 Cedar Street
Owner/Applicant: St. Pola Group Inc.
Dear Katie,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted Zoning By-law and
Official Plan Amendment Application that proposes a four -storey stacked townhouse building totalling 24
residential units. The WRDSB offers the following comments:
Student Accommodation
At this time, the subject lands are within the boundaries of the following WRDSB schools:
• Suddaby Public School (Junior Kindergarten to Grade 6);
• Courtland Avenue Public School (Grade 7 to Grade 8); and
• Cameron Heights Collegiate Institute (Grade 9 to Grade 12).
Student accommodation pressures currently exist at secondary schools within the City of Kitchener. The
WRDSB's 2020-2030 Long -Term Accommodation Plan projects long-term over -utilization of Cameron
Heights Collegiate Institute. Interim student accommodation measures, including portable classrooms, are
presently on-site and may be required until an alternative accommodation solution is in place.
Alternatively, the WRDSB may conduct a boundary study or designate this property as a "Development
Area" and assign it to Holding Schools before occupancy or sales.
Student Transportation
The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of
all development applications to ensure the enhancement of safety and connectivity.
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.
Education Development Charges
Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's
Education Development Charges By-law, 2021 or any successor thereof and may require the payment of
Education Development Charges for these developments prior to issuance of a building permit.
Waterloo Region District School Board
51 ArdeltAvenue
Kitchener ON, NzC 2R5
T: 519 570-0003
. w: wrdsh.ca
Page 277 of 336
2 of 2
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
lauren_agar@wrdsb.ca
Page 278 of 336
CITY OF KITCHENER OFFICIAL PLAN
AMENDMENT TO MAP 11
CEDAR HILL
NEIGHBOURHOOD SECONDARY PLAN
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OFFICIAL PLAN AMENDMENT OPA21/013/C/KA
MCD ST. MICHAEL'S INC., ST. GEORGE INC., CHRISTIN
GEORGE SOKKAR, HANY AYAD, GEORGIET HANA
ZONING BY-LAW AMENDMENTZBA21/022/C/KA
MIKHAIL HANA AND NABIL AZIZ AYAD ELSERAFY
SCALE
1:4,000
City of Kitchener
FILE
95, 97 & 101 CEDAR ST S
DATE: JUNE 20, 2022
DEVELOPMENT SERVICES DEPARTMENT, PLANNING
OPA21013 xd _MAP11
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MCD ST. MICHAEL'S INC., ST. GEORGE INC., CHRISTIN METRES
GEORGE SOKKAR, HANY AYAD, GEORGIET HANA SCALE 1:4,000
MIKHAIL HANA AND NABIL AZIZ AYAD ELSERAFY
95, 97 & 101 CEDAR ST S DATE: JUNE 20, 2022
L_4&22 1 MU'
WE'44R
716H SUBJECT AREA(S) \
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AMENDMENT TO BY-LAW 85-1
AREA 1 -
FROM RESIDENTIAL FIVE ZONE (R-5)
461U �� TO WITH SPDEC�IAL REGULATION TIAL SRZONE (OVISION 779R
MU -3 719R,,
R-7 108R BY-LAW 85-1
C-1 CONVENIENCE COMMERCIAL ZONE
M CR -1 COMMERCIAL RESIDENTIAL ONE ZONE
531 R CR -2 COMMERCIAL RESIDENTIAL TWO ZONE
544R CR -3 COMMERCIAL RESIDENTIAL THREE ZONE
D-2 EAST MARKET ZONE
1-3 D-5 COMMERCIAL RESIDENTIAL ZONE
_ SCHEDULE 120 _ _ _ E-1 EXISTING USE ONE ZONE
SCHEDULE - 1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE
R-6 1-2 COMMUNITY INSTITUTIONAL ZONE
142R -3 MAJOR INSTITUTIONAL ZONE
M-2 GENERAL INDUSTRIAL ZONE
MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR
ZONE
MU -3 HIGH INTENSITY MIXED USE CORRIDOR
ZONE
P-1 PUBLIC PARK ZONE
P-3 HAZARD LAND ZONE
P-1 77R R-5 RESIDENTIAL FIVE ZONE
R-6 RESIDENTIAL SIX ZONE
R-7 RESIDENTIAL SEVEN ZONE
R-8 RESIDENTIAL EIGHT ZONE
R-9 RESIDENTIAL NINE ZONE
ZONE GRID REFERENCE
-1 1R SCHEDULE NO. 119 AND 120
OF APPENDIX'A'
KITCHENER ZONING BY-LAW 85-1 AND 2019-051
E-1 12
� ZONE LIMITS
ZONING BY-LAW AMENDMENT ZBA21/022/C/KA
OFFICIAL PLAN AMENDMENT OPA21/013/C/KA
Citi/ of Kitchener FILE
ZBA21022CKA_MAP1
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GEORGE SOKKAR, HANY AYAD, GEORGIET HANA SCALE 1:4,000
MIKHAIL HANA AND NABIL AZIZ AYAD ELSERAFY
95, 97 & 101 CEDAR ST S DATE: JUNE 20, 2022
L_4&22 1 MU'
WE'44R
716H SUBJECT AREA(S) \
2 N
AMENDMENT TO BY-LAW 85-1
AREA 1 -
FROM RESIDENTIAL FIVE ZONE (R-5)
461U �� TO WITH SPDEC�IAL REGULATION TIAL SRZONE (OVISION 779R
MU -3 719R,,
R-7 108R BY-LAW 85-1
C-1 CONVENIENCE COMMERCIAL ZONE
M CR -1 COMMERCIAL RESIDENTIAL ONE ZONE
531 R CR -2 COMMERCIAL RESIDENTIAL TWO ZONE
544R CR -3 COMMERCIAL RESIDENTIAL THREE ZONE
D-2 EAST MARKET ZONE
1-3 D-5 COMMERCIAL RESIDENTIAL ZONE
_ SCHEDULE 120 _ _ _ E-1 EXISTING USE ONE ZONE
SCHEDULE - 1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE
R-6 1-2 COMMUNITY INSTITUTIONAL ZONE
142R -3 MAJOR INSTITUTIONAL ZONE
M-2 GENERAL INDUSTRIAL ZONE
MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR
ZONE
MU -3 HIGH INTENSITY MIXED USE CORRIDOR
ZONE
P-1 PUBLIC PARK ZONE
P-3 HAZARD LAND ZONE
P-1 77R R-5 RESIDENTIAL FIVE ZONE
R-6 RESIDENTIAL SIX ZONE
R-7 RESIDENTIAL SEVEN ZONE
R-8 RESIDENTIAL EIGHT ZONE
R-9 RESIDENTIAL NINE ZONE
ZONE GRID REFERENCE
-1 1R SCHEDULE NO. 119 AND 120
OF APPENDIX'A'
KITCHENER ZONING BY-LAW 85-1 AND 2019-051
E-1 12
� ZONE LIMITS
ZONING BY-LAW AMENDMENT ZBA21/022/C/KA
OFFICIAL PLAN AMENDMENT OPA21/013/C/KA
Citi/ of Kitchener FILE
ZBA21022CKA_MAP1
DEVELOPMENT SERVICES DEPARTMENT, PLANNING .mxd
StaNRepvrt
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 8, 2022
SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: July 6, 2022
REPORT NO.: DSD -2022-348
SUBJECT: 42 Windom Road
Zoning By-law Amendment Application ZBA20/017NV/ES
Windom KW Inc
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA20/017NV/ES requesting to amend Zoning
By-law 85-1, for Windom KW Inc be approved in the form shown in the Proposed `Proposed
By-law', and `Map No. 1' attached to Report DSD -2022-348 as Attachment `B'; and
That Zoning By-law Amendment Application ZBA20/017NV/ES requesting to amend Zoning
By-law 2019-051, for Windom KW Inc be approved in the form shown in the Proposed
`Proposed By-law', and `Map No. V attached to Report DSD -2022-348 as Attachment `B'; and,
That the Proposed By-law to amend Zoning By-law 2019-051, as amended shall have no force
and effect against the subject lands until the date that all appeals relating to By-law2022-040
(Comprehensive Reviewof the Zoning By-law (CRoZBy) Stage 2b —Applying NewResidential
Zones on Properties) in relation to the subject lands have been withdrawn or decided and
any applicable appeal periods have expired; and further
That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances
shall be permitted for lands subject to Zoning By-law Amendment Application
ZBA20/017/W/ES.
REPORT HIGHLIGHTS:
• The purpose of this report is to evaluate and provide a planning recommendation regarding a
Zoning By-law Amendment application for the property located at 42 Windom Road.
• It is Planning staffs recommendation that the Zoning By-law Amendment application be
approved. The proposed application represents an opportunity to provide `missing middle'
housing that addresses a need.
• Community engagement included:
o circulation of a preliminary notice to property owners within 120 metres of the subject
site;
o installation of a large billboard notice sign on the property,-
This
roperty;
This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 281 of 336
o follow up one-on-one correspondence with members of the public who responded to
the circulation or saw the billboard sign;
o notice advising of the statutory public meeting was circulated to all property owners
within 120 metres of the subject site, and those who responded to the preliminary
circulation, and
o notice of the public meeting was published in The Record on July 15, 2022.
This report supports the delivery of core services.
EXECUTIVE SUMMARY:
Planning Staff is recommending approval of the requested Zoning By-law Amendment application
to:
amend Zoning By-law 2019-051 by removing site Specific Regulation Provisions 223 and
232 for the subject lands;
add a new Site Specific Provision (342) to Zoning By-law 2019-051 to regulate Floor Space
Ratio (FSR), the required side yard setback, and the minimum required parking; and
amend Special Regulation 744R in Zoning By-law 85-1 to further regulate Floor Space Ratio
(FSR) and Required Parking.
BACKGROUND:
The City of Kitchener has received an application for a Zoning By-law Amendment from Windom KW
Inc for a development concept that proposes a three-storey multiple dwelling building with twenty-
four (24) residential units and twenty-four (24) surface parking spaces.
The subject property is identified as `Community Areas' on the City's Urban Structure (Map 2 - City
of Kitchener Official Plan) and designated as `Low Rise Residential' (Map 3 - City of Kitchener Official
Plan).
In 2018, Council approved Zoning By-law Amendment application ZC16/001/W/ATP to change the
zoning from Residential Five Zone (R-5) to Residential Six Zone (R-6) to legalize an existing 5 -unit
multiple dwelling. A Special Regulation Provision (744R) was added to the lands to prohibit certain
uses (hospice, lodging house, etc.) and to cap the unit total at 5 units to recognize the existing
dwellings.
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Figure 1 — Existing Dwelling on Site (5 units)
Page 282 of 336
Between 2019 and now, a new Zoning By-law (2019-051) has been approved by Council. Special
Regulation Provision 744R in Zoning By-law 85-1 was carried forward into the new Zoning By-law
as Site Specific Provisions 223 and 232. The new Zoning being applied to these lands was approved
by Council on March 21 st, 2022 and is currently under appeal.
The proposed Zoning By-law Amendment would amend special use provision 744R in Zoning By-
law 85-1 and create a new site specific provision (342) in Zoning By-law 2019-051. The amended
special use provision and new site specific provision would establish special regulations for Floor
Space Ratio (FSR), side yard setback, and required parking. The proposed Zoning By-law
Amendment would also remove the site specific provisions 223 and 232 from the lands in Zoning
By-law 2019-051.
Site Context
The subject property is addressed as 42 Windom Road and is on the west side of Windom Road.
The lot area of the subject site is approximately 0.18 hectares and the lot frontage is 25.9 metres.
The lands contain one five -unit multiple dwelling building. The surrounding neighbourhood contains
a mix of low-rise multiple dwellings, semi-detached, and single detached dwellings. The subject
property is located near the terminus of Windom Road which abuts Howard Robertson Public School,
an elementary school.
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Page 283 of 336
REPORT:
The applicant is proposing to demolish the existing building and develop the subject property with a
3 -storey, 24 -unit multiple dwelling building. The building is proposed to be cantilevered, with
vehicular access under the building leading to the parking area at the rear of the site. Twenty-four
(24) surface parking spaces, including two visitor parking spaces and one barrier free parking space
are proposed. Twenty-one (2 1) bicycle parking spaces, including fifteen (15) enclosed and secured
spaces for residents, and six (6) short-term spaces on an outdoor bicycle rack, are proposed.
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Figure 3- Original Development Concept
Figure 4- Revised Development Concept
Through the review and evaluation of this application, a revised development concept has been
prepared. The original concept proposed a long narrow building that did not orient units towards the
street, located surface parking close to the street, oriented massing along the side property line, and
did not contain sufficient amenity space. The revised concept introduces the building cantilever
design feature that orients the massing towards the street, moves the parking to the rear of the site
to be screened by the building, and allows for provision of an adequate on-site amenity area.
To facilitate the redevelopment of the lands, a Zoning By-law Amendment is proposed. The Zoning
By-law Amendment would remove the cap of 5 units, and establish a new site specific provision to
Page 284 of 336
create development standards for Floor Space Ratio (FSR), side yard setback, and required and
visitor parking.
Planning Analysis:
Provincial Policy Statement, 2020
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3 (d) of the PPS promotes densities for
new housing which efficiently use land, resources, infrastructure and public service facilities. The
PPS sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS
promotes efficient development and land use patterns, as well as accommodating an appropriate
mix of affordable and market-based residential dwelling types with other land uses, while supporting
the environment, public health and safety. Provincial policies promote the integration of land use
planning, growth management, transit -supportive development, intensification, and infrastructure
planning to achieve cost-effective development patterns, optimization of transit investments, and
standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will contribute to an appropriate mix of
housing types within the context of the surrounding neighbourhood. The subject lands are within an
existing neighbourhood with adequate servicing capacity, road network capacity, and other required
infrastructure and therefore represents a cost-effective development pattern that minimized land
consumption and servicing costs.
Based on the above, staff is of the opinion that this proposal is in conformity with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of completeand compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
Policy 2.2.1.4(a) This plan will support the achievement of Complete Communities that feature a
diverse mix of land uses, including residential and employment uses, and convenient access to local
stores, services and public service facilities.
The proposed development represents multiple dwelling residential, which will contribute to a greater
mix of housing types in the neighbourhood. The existing neighbourhood is well served by local
stores, services, and public service facilities such as a commercial plaza on the corner of Fairway
Road North and River Road East, and the City's Centreville Chicopee Community Centre, just 250
metres away. Planning staff is of the opinion that the development proposal conforms to the Growth
Plan.
Regional Official Plan (ROP), 2010:
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
Page 285 of 336
range of social and public health services. Regional policies require the City to plan for a range of
housing in terms of form, tenure, density and affordability to satisfy the various physical, social,
economic and personal support needs of current and future residents. Regional staff have indicated
that they have no objections to the proposed applications (Attachment `C'). Planning staff are of the
opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan:
Urban Structure
The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The
planned function of Community Areas is to provide residential uses as well as non-residential
supporting uses intended to serve the immediate residential areas. Community Areas may have
limited intensification with development being sensitive and compatible with the character, form, and
planned function of the surrounding context.
Land Use Designation
The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3). Low Rise
Residential areas are intended to accommodate a full range of low density housing types including
single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise
Residential designation states that the City will encourage and support the mixing and integrating of
innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings
shall exceed 3 storeys or 11 metres in height.
Planning staff is of the opinion that the requested zoning by-law amendment represents a housing
form that conforms with the Low Rise Residential land use designation in the City's Official Plan.
Transportation
The City's Official Plan contains policies to develop, support, and maintain a complete, convenient,
accessible and integrated transportation system that incorporates active transportation, public
transit, and accommodates vehicular traffic.
In regard to alternate modes of transportation, objectives of the Official Plan include promoting land
use planning and development that is integrated and conducive to the efficient and effective
operation of public transit, and encourages increased ridership of the public transit system. The City
shall promote and encourage walking and cycling as safe and convenient modes of transportation.
The proposed development aims to increase density on an existing site that is served well by public
transit, with access to Grand River Transit Routes 1, 8 and iXpress Route 206. The proposed
development concept includes provision of safe, secure indoor bicycle storage to encourage active
transportation. Staff is of the opinion that the requested zoning by-law amendment conforms with
the transportation policies of the City's Official Plan.
Urban Design
The City is committed to achieving a high standard of urban design, architecture and place -making
to positively contribute to quality of life, environmental viability and economic vitality. Urban design
is a vital component of city planning and goes beyond the visual and aesthetic characterof individual
buildings and also considers the functionality and compatibility of development as a means of
strengthening complete communities.
Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable
places, structures and spaces that contribute to a strong sense of place and community pride, a
distinct character and community focal points that promote and recognize excellence and innovation
in architecture, urban design, sustainable building design and landscape design. The City will
require high quality urban design in the review of all development applications through the
implementation of the policies of the Official Plan and the City's Urban Design Manual.
Page 286 of 336
The revised development concept with a cantilevered vehicle entrance represents an innovative and
efficient housing form that assists in meeting and achieving several urban design objectives. Firstly,
the massing and orientation of the building is facing toward the street and the public realm.
Opportunities for windows, doors and balconies facing the public realm will help to activate the
streetscape and provide visual interest. Secondly, the cantilever allows the building to screen the
surface parking at the rear of the site. Urban Design policies favour the screening of vehicle storage
to ensure the streetscape is not dominated by vehicles, which can be achieved using this building
design. Finally, the building design provides space at the rear of the site for an on-site at grade
amenity space to be used by future residents. Provision of amenity space is a critical urban design
feature for multiple residential developments.
Housing
The City's primary objective with respect to housing in the Official Plan is to provide for an
appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to
satisfy the varying housing needs of our community through all stages of life. This low rise multiple
dwelling proposal can be considered a "missing middle" housing type by providing an option that
bridges the gap between high density residential towers and single detached dwellings. The
proposed housing type is an important segment in Kitchener's housing continuum.
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.
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.
Based on the above housing policies, staff is of the opinion that the application conforms to the
Official Plan.
Policy Conclusion
Planning staff are of the opinion that the proposed Zoning By-law amendment is consistent with
policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden
Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good
planning.
Proposed Zoning By-IawAmendment:
The subject lands are currently zoned both in Zoning By-law 85-1 and Zoning By-law 2019-051
(currently under appeal). Changes to both By-laws are necessary as part of this Zoning By-law
Amendment and are described separately below.
Zoning By-law 85-1:
The subject lands are currently zoned `Residential Six Zone (R-6)' with Special Regulation Provision
744R and Special Use Provision 470U in Zoning By-law 85-1.
The applicant has requested to amend Special Regulation Provision 744R in Zoning By-law 85-1
Page 287 of 336
The amendment would remove the cap of a maximum of 5 dwelling units and replace it with site
specific development standards for the proposed multiple residential development.
Current wording of Special Regulation Provision 744R.
Notwithstanding Section 40.2.6 of this By-law, the maximum number of dwelling units in a multiple
dwelling shall be five.
Proposed new revised wording of Special Regulation Provision 744R
Notwithstanding Section 40.2.6 of this By-law, the following regulations shall apply.
a) The maximum Floor Space Ratio (FSR) shall be 0.7
b) The minimum required parking shall be 1 space per unit
c) The minimum required visitor parking shall be 8% of required parking
V. I I : :iMIFFIVI iSF%ai167i
The subject lands are zoned `Low Rise Residential Five Zone (RES -5)' with Site -Specific Provisions
223 and 232 in Zoning By-law 2019-051 (currently under appeal).
The applicant has requested to remove Site Specific Provisions 223 and 232, which cap the total
dwelling units at 5 and not permit certain other uses in the RES -5 zone. The current wording is
provided below:
(223) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 239 of Appendix A, the maximum number of dwelling units in a multiple dwelling shall
be five and the following uses shall not be permitted:
a) hospice,-
b)
ospice,b) lodging house,-
c)
ouse,c) an additional dwelling unit (attached) associated with a semi-detached dwelling; and,
d) street townhouse dwelling.
(232) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 239 of Appendix A, the maximum number of dwelling units in a multiple dwelling shall
be five and the following uses shall not be permitted:
a) hospice;
b) lodging house,-
c)
ouse,c) additional dwelling unit (attached) in association with a semi-detached dwelling; and,
d) street townhouse dwelling.
The applicant is proposing to add Site Specific Provision (342) as follows
(342) — Notwithstanding Tables 5-5 and 7-6 of this By-law within the lands zoned RES -5 and shown
as affected by this subsection on Zoning Grid Schedule Number 239 of Appendix A, the following
special regulations shall apply.-
a)
pply.a) The maximum Floor Space Ratio (FSR) shall be 0.7
b) The minimum required parking shall be 1 space per unit
c) The minimum required visitor parking shall be 8% of required parking
d) The minimum side yard setback shall be 2.5 metres
Staff offer the following comments with respect to the requested amendments and special
regulations.
Removal of unit cap of 5 units
The cap of 5 dwelling units was established in 2018 to legalize an existing 5 -unit multiple dwelling.
The applicant has now proposed to demolish that building and replace it with a 24 -unit multiple
Page 288 of 336
dwelling. Staff are supportive of the proposed redevelopment of the site with a low-rise multiple
dwelling building and do not have concerns with the removal of the restriction of 5 dwelling units in
a multiple dwelling.
Floor Space Ratio
The maximum floor space ratio in both zoning by-laws is 0.6. Policy 15.D.3.11 of the Official Plan
allows for increases up to 0.75 as follows:
"15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all development and
redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio
of 0.75 may be considered where it can be demonstrated that the increase in the
Floor Space Ratio is compatible and meets the general intent of the policies in this
Plan. An Official Plan Amendment MI be required to consider an increase in the Floor
Space Ratio greater than 0.75. "
Increases in Floor space ratio between 0.6 and 0.75 require demonstration of compatibility and
meeting the general intent of the policies of the Official Plan. Compatibility is defined in the Official
Plan as:
"Land uses and building forms that are mutually tolerant and capable of existing together in harmony
within an area without causing unacceptable adverse effects, adverse environmental impacts or
adverse impacts. Compatibility or compatible should not be narrowly interpreted to mean "the same
as" or even as "being similar to."
The existing surrounding neighbourhood on Windom Road is made up of a mix of low-rise housing
types, including multiple dwellings. Adjacent to the subject lands at 48 Windom Road is a 12 unit
townhome multiple dwelling development. The road also contains single and semi-detached
dwellings. The wider surrounding neigbourhood contains larger multiple dwelling buildings. The
property abutting the rear of the subject lands is a 4 -storey, 30 -unit multiple dwelling building.
The proposed building at 3 storeys and 24 -units is similar to, and compatible with, the surrounding
neighbourhood in the opinion of Planning Staff.
Required Parking &Visitor Parking
The applicant is requesting a parking rate of 1 space per unit, including 8% visitor parking. This
would result in a total of twenty-four (24) parking spaces; twenty-two (22) spaces for residents and
two (2) visitor spaces. In addition to vehicle parking spaces, the applicant is proposing fifteen (15)
indoor secured bicycle parking spaces, and six (6) outdoor short-term bicycle parking spaces. The
location of the site is well served by existing public transit. Staff is of the opinion that the proposed
complement of vehicle and bicycle storage on site is adequate and a full range of transportation
options are available to future residents.
Side Yard Setback
The applicant is proposing a side yard setback of 2.5 metres, a slight reduction from the minimum 3
metres required in Zoning By-law 2019-051.The cantilevered building design provides unit
orientation towards the front and rear of the site, which helps to mitigate impacts to side yards. Given
this proposed design, Planning staff is of the opinion that the proposed 2.5 metre side yard setback
is appropriate for this site.
Department and Agency Comments:
Preliminary circulation of the Zoning By-law Amendment was undertaken on January 21, 2021 to
applicable City departments and other review authorities. No major concerns were identified by any
commenting City department or agency. Copies of the comments are found in Attachment "C" of this
report.
Page 289 of 336
The following reports and studies were considered as part of this proposed Zoning By-law
Amendment:
• Planning Justification and Urban Design Report
Prepared by IBI Group, November 16, 2020
Revised: November 17, 2021
• Functional Site Grading, Servicing and Stormwater Management Report
Prepared by IBI Group, November 17, 2021
• Site Concept Plan
Prepared by IBI Group, December 12, 2020.
Revised: April 7, 2022
• Tree Preservation/Enhancement Plan and Arborist Report
Prepared by IBI Group, November 16, 2020
• Geotechnical Report
Prepared by Chung & Vander Doelen, October 30, 2020
Community Input and Staff Response:
Staff received written responses from 10 residents with respectto the proposed development. These
can be found in Attachment `D'. A summary of what we heard, and staff responses are noted below.
What We Heard
StaffComment
The applicant is providing 24 parking spaces for 24 units.
This will result in too many people
2 visitor parking spaces are included. Street parking is for
parking on the street on Windom
temporary use only and cannot exceed use for 3 hours.
Road
Residents will be aware of the parking availability before
choosing to rent a unit. The on -street parking rules are
enforceable by the City's By-law Enforcement staff.
The proposed development will remain a low-rise
residential use, which is permitted in the Low Rise
This development is too large for
Residential land use designation in the Official Plan. The
this site
scale and massing is compatible with the surrounding
neighbourhood and the use is present on Windom Road,
including adjacent to the subject property.
The number of units for the proposed development is low
The proposed development will
and does not warrant a detailed traffic study. Staff have
result in an increase in traffic.
directed residents to Regional transportation staff to
Current conditions for turning onto
discuss the existing condition at nearby Thaler Ave and
Fairwary Road from Thaler Avenue
Fairway Road North (Regional Road). City and Regional
are poor.
transportation staff have no objections to the proposed
development and Zoning By-law Amendment.
Garbage storage has been detailed on the revised site plan
Garbage storage will become a
to include roll out bins that are collected from the front of
nuisance for adjacent neighbours
the site by private collection and transported and returned
by building management. Garage storage and collection
will be reviewed and approved through the site planning
Page 290 of 336
process and secured through a registered development
agreement to ensure the long-term functionality.
Planning Conclusions:
In considering the foregoing, staff are supportive of the Zoning By-law amendment. Staff is of the
opinion that the subject applications are consistent with policies of the Provincial Policy Statement
(2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and
the City of Kitchener Official Plan and represent good planning. Staff recommends that the
application be approved.
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the City's strategic vision through
the delivery of core service.
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
Council / Committee meeting. A large billboard notice sign was posted on the property and
information regarding the application was posted to the City's website. Following the initial circulation
referenced below, an additional courtesy notice of the public meeting was circulated to all property
owners within 120 metres of the subject lands, those responding to the preliminary circulation and
Notice of the Public Meeting was posted in the Waterloo Region Record on July 15, 2022 (a copy of
the Notice may be found in Attachment `B').
CONSULT — The proposed Zoning By-law Amendment was originally circulated to property owners
within 120 metres of the subject lands on January 21, 2021. In response to this circulation, staff
received written responses from 10 residents, which are included in Attachment `D'.
PREVIOUS REPORTS/AUTHORITIES:
• Zoning By-law 85-1
• Zoning By-law 2019-051
• Official Plan, 2014
• Regional Official Plan, 2010
• Provincial Policy Statement, 2020
• Planning Act, 1990
• A Place to Grow Growth Plan, 2020
REVIEWED BY: Stevenson, Garett — Manager of Development Review, Planning Division
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Attachment A — Proposed Zoning By-law Amendment
Attachment B — Newspaper Notice
Attachment C — Department and Agency Comments
Attachment D — Neighbourhood Comments
Attachment E — Concept Plan
Page 291 of 336
City of Kitchener
COMMENT FORM
Project Address: 42 Windom Rd
n,+e of ranee+o.,.,. Written Comments Due February 24, 2021
Application Type: Zoning By-law Amendment
Comments of: Environmental Planning — City of Kitchener
Commenter's Name: Carrie Musselman
Email: carrie.mussel man@kitchener.ca
Phone: 519-741-2200 x 7068
Date of Comments: February 19, 2021
i=..1 I plan to attend the meeting (questions/concerns/comments for discussion)
LSI I do NOT plan to attend the meeting
1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application:
4P Primary Sustainability Statement, 42 Windom Road. October 27, 2020. IBI Group.
2. Comments & Issues:
I have reviewed the supporting documentation (as listed above) to support a site plan application
proposing the construction of an 8 -storey, mixed use building with ground floor commercial plus parking
at 525 New Dundee Rd. and provide the following:
1. Although the Ontario Building Code (OBC) is progressive, going forward all developments will need to
include more energy reduction measures as the City (and Region of Waterloo) strive to achieve our
greenhouse gas reduction target. This new development should identify target(s) and measures above
Ontario Building Code (OBC) that would further energy conservation, generation, operation and could
be of benefit for future residents / tenants.
2. We would advise the applicant to explore and confirm in a revised sustainability statement which
options would be best suited to the site and development. Potential items to consider are:
Following (or incorporating several components) Energy Star, R-2000, Built Green, Passive House,
LEED or Net Zero that would go beyond the OBC to conserve energy and reduce greenhouse gas
emissions
A'water conservation system' such as grey water recycling, rainwater harvesting systems, cisterns
or rain barrels being incorporated into the development
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 292 of 336
Using low or no VOC paints and finishes to improve air quality
• Providing electrical vehicle (EV) parking, charging or have space(s) EV ready.
■ Having solar installed, or having the roof designed and built to be solar ready.
3. As part of the Kitchener Great Places Award program every several years there is a Sustainable
Development category. Also, there are community-based programs to help with and celebrate and
recognize businesses and sustainable development stewards (Regional Sustainability Initiative -
http:,/www.sustainablewaterlooregion.ca/our-programs/regional-sustainability-initiative and
TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise).
4. Conditions of Approval in Principal (AIP) and Full Site Plan Approval:
Conditions of Approval in Principal
1. A revised Sustainability Statement is prepared and submitted.
Conditions of Full Site Plan Approval
1. The Sustainability Statement is approved.
5. Policies, Standards and Resources:
• Kitchener Official Plan Policy 7.C.4.4. Development applications will be required to demonstrate
to the satisfaction of the City, through the completion of a Sustainability Report/Checklist in
accordance with the Complete Application Requirements Policies in Section 17.E.10, that the
proposal meets the sustainable development policies of the Plan and that sustainable
development design standards are achieved.
• Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and
appropriate, alternative energy systems, renewable energy systems and district energy in
accordance with Section 7.C.6 to accommodate current and projected needs of energy
consumption.
Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage
orientation of streets and/or lot design/building design with optimum southerly exposures. Such
orientation will optimize opportunities for active or passive solar space heating and water heating.
Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate,
to the satisfaction of the City, energy is being conserved or low energy generated. Such studies
may include, but not limited to an Energy Conservation Efficiency Study, a Feasibility Study for
Renewable or Alternative Energy Systems, District Heating Feasibility Study, and the completion
of a Sustainability Report/Checklist in accordance with the Complete Application Requirements
Policies in Section 17.E.10.
Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the
necessary infrastructure for district energy in the detailed engineering designs where the
potential for implementing district energy exists.
5. Anticipated Fees:
Unknown
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 293 of 336
City of Kitchener
COMMENT FORM
Project Address: 42 Windom Road
Date of ""eet4;g4 Written comments due February 24, 2021
Application Type: Zoning By-law Amendment
Comments of: Environmental Planning — City of Kitchener
Commenter's Name: Carrie Musselman
Email: carrie.musselman@kitchener.ca
Phone: 519-741-2200 X 7068
Date of Comments: February 18, 2021
® I plan to attend the meeting (questions/concerns/comments for discussion) 1*/
❑ I do NOT plan to attend the meeting (concerns/requirements outlined ,elay(i) %,
1. Plans, Studies and Reports submitted as part of a complete Planning Act°Applicaemn:
• Final Planning Justification and Urban Design Report 42 Windom Road, Kitcherner. November 16,
2020. IBI Group.
• Arborist Report 42 Windom Road, Kitchener, November.16, 2020. 1 B I Group,
• Preliminary Tree Preservation / Enhancement Plan {Sheer, Num;ber1-1) 42 Windom Road.
November 16, 2020. IBI Group.
Is Geotechnical Investigation Proposed 24A.,nit.5tacked iownhouses 42 Windom Rd, Kitchener.
October 30, 2020. Chung & Vander Doelen Engineering Ltd.
2. Site Specific Comments & Issues:
I have reviewed the supporting documentatrd i (as,isted above) to support of the proposed ZBA proposing
the demolition of the existing building and coristrucLion of a new 22 -unit multiple dwelling building at 42
Windom Road and provide the following
Based on my review of the supporting documentation the development as proposed should not be
supported.
• The arborNt ri�'port assessed 50 trees_ The assessment noted that the proposed development
r�.
concept woulr d requirer the removal of 43 trees, including 10 on adjacent properties and 3 in joint
ownership
c W thr_ w v.'riueri perm ssfon for removal of or impact to trees offsite andlor in joint
ownership we should not support the proposed development concept or zoning
amendment.
• In` addition to the 7 trees to be retained, the proposed development should attempt to
incorporate, protect and conserve many of the other 17 healthy trees (good or excellent
condition) onsite.
The development should be redesigned to incorporate and protect existing healthy trees
onsite and eliminate any need for tree removals offsite.
3. Policies, Standards and Resources:
• As per Section 8.C.2 — Urban Forests of the Official Plan ...
e policy 8.C.2.16., the City requires the preparation and submission of a tree management plan
in accordance with the City's Tree Management Policy (available on the City's Website), as a
condition of a development application.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 294 of 336
policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road
rights-of-way and encourage new development or redevelopment to incorporate, protect and
conserve existing healthy trees and woodlands in accordance with the Urban Design Policies
in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the
Development Manual.
Please see UDM Part C, Section 13 and www.kitchener.ca/treemanagement for detailed
submission requirements
4, Anticipated_ Fees:
* N/A
A City for Everyone
Working Together— Growing Thoughtfully— Building Community
Page 295 of 336
Eric Schneider
From: Eric Riek
Sent: Thursday, January 28, 2021 2:14 PM
To: Eric Schneider
Subject: FW: Circulation for Comment - ZBA (42 Windom Road)
Attachments: 42 Windom -department & agency circulation letter.pdf
Hi Eric,
Based on a preliminary review of the functional servicing report, geotechnical report and water distribution, Engineering
has no concerns with the proposed ZBA. Engineering details will be worked out during detailed site plan design phase.
Any questions, please let me know.
Eric
From: Linda Cooper <Linda.Cooper@kitchener.ca>
Sent: Wednesday, January 20, 20211:28 PM
To: Eric Riek <Eric.Riek@kitchener.ca>
Subject: FW: Circulation for Comment - ZBA (42 Windom Road)
Hi,
Can you please review and provide comments when you are back?
Thanks,
Linda
Linda Cooper, L.E.T, C.E.T
Manager I Development Engineering I City of Kitchener
519-741-2200 ext. 7974 1 TTY 1-866-969-9994 1 llnda.c000erLftItchener,ca
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Wednesday, January 20, 202112:02 PM
To: Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave
Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; DSD - Planning Division
<DSDPlanningDivision@kitchener.ca>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca)
<planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango
<landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Lesley MacDonald<Lesley.MacDonaId@kitchener.ca>; Linda Cooper
<Linda.Cooper@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Parmi Takk
<Parmi.Takk@kitchener.ca>; Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data
Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; UW - SA <Steven.amirikah@uwaterloo.ca>; WCDSB - Planning <planning@wcdsb.ca>;
Page 296 of 336
WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
glannin wrdsb.ca>
Cc: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: Circulation for Comment - ZBA (42 Windom Road)
Please see attached. Comments or questions should be directed to Eric Schneider, Planner (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
Page 297 of 336
Hi Eric,
No heritage planning concerns.
Thanks,
Victoria
Victoria Grohn
Heritage Planner I Planning Division I City of Kitchener
519-741-2200 ext. 7041 1 TTY 1-866-969-9994 1 victoria.grohnakitchener.ca
Page 298 of 336
Infrastructure Services
ORerations - Design & Development
KjTcM'?4FR
PARKILAND DEDICATION 11 14
City of Kitchener
Kitchener Operations Facility, 131 Goodrich Dr.
Kitchener, ON N2C 2E8
PART 1: SITE INFORMATION AND BACKGROUND
1.1
Application Type
Zone Change Application
1.2
Address of Property
42 Windom Road
1.3
Owner
Windom KW Inc.
1.4
Previous Dedications
No Previous Dedication
PART 2: SITE USE DETAILS
2.1 Land Use Appraisal
Appraisal Value
Dedication Rate
Site Statistics:
2.2 Land Area (ha)
2.3 Land Frontage - Severances only (I.m.)
2-4 Comer Lot (yes/no)
2.15 Net Land Frontage (I.m.)
Residential Units:
2-6 Existing Units to be Retained
2.7 Existing Units to be Demolished
2A Proposed Units:
2-9 Proportion of New Units
Commercial / Industrial Floor Area (m�:
2-10 Existing to be Retained
2.71 Existing to be Demolished
2.12 Proposed
2,13 Net Addition
2.14 Percent Addition
Multiple Residential Townhouse
$1,110,000 per hectare
1 ha : 500 units
1.1 P. _
0
5
22
17
PART 3: FINAL DEDICATION
3.1 Dedication Type Cast in Lieu
3.2 Park Dedication - Cash in Lieu 537.740.00
3.3 Park Dedication - Land Requirement (ha) No Land Roquired
PART 4: COMMENTS
4.1 IDedication requirements are subject to the Parkland Dedication Policy current at the time of application. Should any
further revisions be made to the site plan, a revised parkland dedication may be required.
Date application received January 20, 2021
Date comments due I February 24, 202
Date of completion: I February 23, 2021
Park dedication calculation ghown above is an estimate only. The required dedication will be determined as of the day prior to the issuance of Building Permit.
All calculations are based on City of Kitchener Council Policy 1-1074 and Council Report OTS -10-134.
Page 299 of 336
City of Kitchener
PRE -SUBMISSION CONSULTATION COMMENT FORM
Project Address: 42 Windom Rd.
Date of Meeting: n/a
Application Type: ZBA & OPA x /
Comments Of: Parks & Cemeteries
Commenter's Name: Rebecca Roy
Email: rebecca.roy@kitchener.ca p.>
Phone: 519-741-2600 x4151
g
Date of Comments: February 18, 2021;;
I plan to attend the meeting (questions/conccrr is/comn ier tsYfor discussion)
0 I do NOT plan to attend the meeting (nolt ncerns)'`
1. Site Specific Comments & Issues:
No comments.
2. Plans, Studies and Reporx,s,,to submit,,as part of a complete Planning Act Application:
No comments.
3. Anticipated Req"dfrements'of full Site Plan Approval:
Pr-yrn nt of parkland dedication cash•in-]icu.
Fulfillment of street tree planting at 1 large stature tree per 9 linear meters of Residential property
frontage.
4. Policies, Standards and Resources:
Parkland Dedication Policy
Development Manual
5. Anticipated Fees:
A City for Everyone
Working Together— Growing Thoughtfully— Building Community
Page 300 of 336
1 Parkland dedication will be required for the site plan application taken as cash -in -lieu of land
at the policy standard rate of 1ha per 500 units, at a value of $1,110,000.00 per hectare as
per the Multiple Residential (Townhouse) development land class.
With its proposed residential unit count of 22, the net increase of residential units is 17
when including a credit for 5 existing units to be demolished. The estimated parkland
dedication cash -in -lieu of land amount is calculated at $37,740.00
Calculation: (17 / 500 units) x $1,110,000.00 = $37,740.00
.2 Dedication requirements are subject to the Parkland Dedication Policy current, a. the t-Irne of
application.
.3 Should any further revisions be made to the site plan, a revised parkland dedication may be
required.
.4 In the event of a discrepancy between the parkland dedica'io'n calf la ion form and this
.y
memo, contact the above -noted Parks & Cemetehe .staff far cl cifiCation.
$,t
w
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 301 of 336
City of Kitchener
Zoning By -Law Amendment COMMENT FORM
Project Address: 42 Windom Rd
Date of Meeting: Enter date of meeting.
Application Type: Zoning By-law Amendment
Comments Of: Planning- Urban Design
Commenter's Name: Pegah Fahimian
Email: Pegah.fahimian@kitchener.ca
Phone: 519-741-2200 ext:7342
Date of Comments: Feb 26, 2021
L11 I plan to attend the meeting (questions/concerns/comments for discussion)
do NOT plan to attend the meeting (no concerns)
I. Site Specific Comments & Issues:
Minimize the visual impact of parking through the thoughtful placement, orientation and
articulation of built form. Site building to face and activate the public realm. The building should
occupy a minimum of 75% of a site's street frontage. Locate surface and structured parking away
from public street frontage, preferably at the rear of the buildings and internal to sites. Due to
limited frontage of the site, the applicant may wish to explore additional consolidation or design
modifications, which would allow the building to re -orient such that more units face the street and
rear yard (rather than internal lot lines, where significant privacy impacts are created). The options
may be to design units as stacked and back to back townhouses facing the street or low-rise
apartment building.
Stacked and Back -to -Back town house Low -Rise Apartment Buildin
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 302 of 336
• The proposed layout shows 4.5m front yard setback. New building should be consistent with the
existing neighborhood setback pattern.
• Consider ways to keep some of the existing trees, such as maximizing the setback from the side and
back of property line thus not interfering with the existing trees and then being able to introduce
further landscaping
• A minimum 1.5m landscaped buffer is required on all property lines. The current layout does not
have 1.5m buffer on south side of the proposed building
• Provide a shared, at -grade outdoor amenity space that is integrated with the site and landscape
design. Provide seating options and be barrier free accessible without requiring users to cross
parking areas or drive aisles.
A 1.8 m high visual barrier should be noted on the plan when parking is adjacent to residentia'
Design unit accesses to be clearly defined, consistent, easy to identify and without adding
unnecessary visual clutter to a building's elevations. The use of multiple material types and
articulated elements such as porches is encouraged to provide visual variety in built form.
Please ensure all publicly visible fagade are well articulated and detailed. Use materials, details,
colour, architectural projections, etc. to create visually consistent and engaging elevations on all
sides.
The proposed utilities should be coordinated and provided on the plan, Metering, transformers will
not be supported at the front of the building. A composite utility plan should be provided as part of
clearing of conditions to coordinate with landscape design and building elevations.
2. Anticipated Requirements of full Site Plan Approval:
Updated Site Plan
Tree Management Plan
,civ..von.kitchener.ca/tree maUggeniInt`
The tree management plan should identify all existing trees to be retained, relocated and
removed and the tree management methods to be employed to protect any existing trees
during construction in accordance with the City's Tree Management Policy. This plan should also
identify all trees located on adjacent properties, where the dripline encroaches onto the subject
property, in order to ensure that these trees are not directly impacted by any proposed grading.
■ Written permission for removal of or impact to trees in joint ownership along property lines is
required.
■ The tree management plan should accurately show the driplines of the trees; identify the
species, condition of the tree, the impact of development on the tree and show the existing and
proposed grades.
■ The protection methods must be clearly identified and accurately shown on the plan.
An assessment of the value of the vegetation proposed for removal is required and
compensation plantings to that value should be provided beyond UDM base standards through
the Landscape Plan that will be required as part of final Site Plan approval.
A City for Everyone
Working Together— Growing Thoughtfully— Building Community
Page 303 of 336
A Landscape Plan is required - please see UDM Part C, Section 15
A copy of the Grading Plan must be submitted with the Landscape Plan
A Lighting Plan is required - please see UDM Part C, Section 4
Building Elevations and floor plans are required
* Provide a variety of architectural styles and avoid repetition of identical materials, features and
building massing.
* Full colour building elevation specifying all materials and colours are required
* Consider providing quality building designs and orient architectural details to enhance public
realm.
■ The main entrance into the building should be clearly distinguishable through its
architectural design and treatment and should act as the focal point of the dwelling and be
given appropriate design emphasis.
* Please find enclosed markup plan for additional comments.
3. Policies, Standards and Resources:
Urban design policies are intended to address the visual character, aesthetic and compatibility of land
use including heritage features. The objective of Urban Design Policies is to create safe, attractive,
simulating, accessible, and barrier -free environment in which to live and work.
Within the City's approved Official Plan there are numerous sections that are relevant including Part C,
Section 11 Urban Design. www.kit&bgrier�'iaZ§ffi6alplan
A link to the City of Kitchener Urban Design Manual — UDM - is provided. Please be aware that over the
next year this document will be updated to reflect Official Plan policies and new standards of best
practice. www.kitdhenerica&, dm'
Part A of the Manual provides further urban design and built form objectives. Part B of the Manual
contains Design Briefs which outline specific requirements related to particular geographic areas or land
uses. Part C of the Manual contains City standards for many site development requirements and these
should be accurately reflected in the proposal: parking stall dimensions; aisle widths; sidewalk
dimensions; planting rates; landscape plan details; dark -sky luminaire compliance and photometric
details. The following sections of the Urban Design Manual must be considered when doing the detailed
design of the site:
Contents
[i!y-I. LAi Design,
Low -Rise Multi -Residential
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 304 of 336
Region of Waterloo
Eric Schneider
Planner
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
519-577-6241
File: C14-60/4/20017
February 17, 2021
Planning Division, Community Services Dept.
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Dear Mr. Schneider
Re: ZBA20/017/W/ES
42 Windom Road
Windom KW Inc.
CITY OF KITCHENER
The owner/applicant is proposing to demolish the existing building and construct a new
22 -unit multiple dwelling building. The subject lands currently contain a 5 -unit multiple
dwelling building. To facilitate the redevelopment of the lands, the owner/applicant is
requesting to remove a special regulation provision (744R) that limits the number of units
on the site to 5. The proposed application requests a new special regulation provision to
be added to the Zoning By -Law to allow an FSR of 0.75 and a parking reduction.
Regional Fee
Regional Staff acknowledge receipt of the required Zoning By -Law Amendment fee of
$1,150.00.
Hydrogeology and Source Water
Regional Staff note that a Salt Management Plan is required as part of a future Site Plan
application.
Water Services
Regional Staff have reviewed the Final Functional Site Grading, Servicing and SWM
Report 42 Windom Road, City of Kitchener, prepared by IBI Group dated November 16,
Document Number: 3562499 Version: 1
Page 305 of 336
2020. Appendix D of the report included a Hydrant flow test that supports the proposed
development.
However, a modeling request was made by City Staff back in September 2019
proposing to remove a local 150 mm dia watermain located in an easement at 312
Southill Drive that connects with the 450 mm in diameter ductile iron watermain on River
Rd E. Part of the report to City staff included results located within the proposed
development.
Regional Staff note that the current hydrant test for the proposed development at 42
Windom Rd shows that the development can be supported. However, Regional Staff
note that removing the easement of the watermain may address negative impacts on
the available fire flow at the subject site. Discussions with City Staff has indicated that
the City will now not be removing the easement as it could negatively impact the
proposed development. Regional Staff have no further concerns given that the City has
no issues with the proposed development and will maintain the watermain in the
easement.
Regional Staff advise that the subject property is located in Kitchener Zone 4 with a
static hydraulic grade line of 384 mASL. Any development with a finished road elevation
below 327.9 mASL will require individual pressure reducing devices on each water
service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2020.
Airport Regulation:
Regional Staff advise there are no concerns. However, the owner/applicant is advised
that the subject lands are located within 6 kilometres of the outer Airport Zoning
Regulated (Transport Canada) area.
Regional Staff have no objection to the proposed Zoning By -Law Amendment
application.
Regional Development Charges
Any future development on the subject lands will be subject to provisions of Regional
Development Charges By-law 19-037 or any successor thereof. Should you have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley, MCIP, RPP
Planner
Document Number: 3562499 Version: 1
Page 306 of 336
City of Kitchener
PRE -SUBMISSION CONSULTATION COMMENT FORM
Project Address: 42 Windom Rd.
Date of Meeting: unknown
Application Type: ZBA/SP
Comments Of: WRDSB
Commenter's Name: Nathan Hercanuck
Email: nathan—hercanuck@wrdsb.ca
Phone: 519-570-0003 x4459
Date of Comments: February 18, 2021
❑ 1 plan to attend the meeting (questions/t.(.iitalrns/, omriierits for discussion)
-1 I do NOT plan to attend the meeting (no concerns)
1. Site Specific Comments & Issues:
2. Plans, Studies and Reports;,to sbmtt>,,aspat of a complete Planning Act Application:
3. Anticipated Requirements of fulli6,Plan Approval:
IN %,..
i;, of , o
4. Policies, Standards arid. Resources:
5. Anticipated Fees:
Flease be advised that any development an the subject lards is subject to the provisions of the
Waterloo Region District School Board's Education Development Charges By-law 2016 or any successor
thereof and may require the payment of Education Development Charges for these developments prior
to issuance of a building permit.
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 307 of 336
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).
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 308 of 336
follows:
DSD -2022-348 Attachment "A"
PROPOSED BY — LAW
, 2022
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as
the Zoning By-law for the City of Kitchener — Windom KW Inc. —
42 Windom Road)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Schedule Number 239 of Appendix "A" to By-law Number 85-1 is hereby amended by changing
the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in
the City of Kitchener, attached hereto, from Residential Six Zone (R-6) with Special Use
Provision 470U and Special Regulation Provision 744R to Residential Six Zone (R-6) with
Special Use Provision 470U and Special Regulation Provision 744R.
2. Appendix D of By-law 85-1 is hereby amended by replacing the current wording and revising
the wording of regulation Section 744R as follows:
744. Notwithstanding Sections 6 and 40.2.6 of this By-law, the following regulations shall
apply for a multiple dwelling:
a) The maximum Floor Space Ratio (FSR) shall be 0.7.
b) The minimum required parking shall be 1 space per dwelling unit.
c) The minimum required visitor parking shall be 8% of required parking."
PASSED at the Council Chambers in the City of Kitchener this day of
, 2022.
Mayor
Clerk
Page 309 of 336
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NOTICE OF PUBLIC MEETING
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fora development in your neighbourhood
42 Windom RoadR ��NL
Have Your Voice Heard!
Site Plan
Multiple
Residential
Building
3 Storeys,
24 Dwelling
Units
Date: August 8, 2022
Time: 7:00 p.m.
z Location: Council Chambers,
s
Kitchener City Ha II
200 King Street West
arVirtual Zoom Meeting
Floor Space
Ratio (FSR)
of 0.7
To view the staff report, agenda,
find meeting details or to
appear as a delegation, visit:
kitchener.ca/meetings
To learn more about this project,
including information on your
appeal rights, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Eric Schneider, Senior Planner
519.741.2200 x7843
eric.schneider@ kitchener.ca
The City of Kitchener has received an application for a Zoning by-law
Amendment to facilitate the development of the lands with 3 -storey multiple
residential building having 24 dwelling units, 24 vehicle parking spaces, 21
bicycle parking spaces and a Floor Space Ratio (F ;J(Y-_811 of 336
From: Debbie Evans <
Sent: Friday, June 3, 2022 10:46 AM
To: Eric Schneider
Subject: [EXTERNAL] Re: 42 Windom Road- Zoning By-law Amendment
That is about what we thought it was going to look like and is even uglier and more out of
character with the neighbourhood than the previous design. It does very little to address the
parking concerns. It is "progress" - we don't have to like it.
From: Eric Schneider <Eric.Schneider@kitchener.ca>
Sent: May 10, 2022 2:10 PM
To: 'Debbie Evans' < >
Subject: RE: 42 Windom Road- Zoning By-law Amendment
Hello Debbie,
Please see proposed elevation drawings below.
Thank you for your comments and concerns regarding parking. I understand that Windom Road was
recently reconstructed, which could impact street parking. The applicant has proposed to make 2 of the
24 parking spaces Visitor Parking spaces, which could accommodate overnight parking in the winter
months. That means that the parking will be unbundled (renting a unit does not automatically come
with a parking space, prospective tenants would need to rent it separately) which allows for residents
without a car to rent simply a dwelling unit. The small unit sizes will target single person households
which will be more likely to have one or less cars.
Please let me know if you have any other questions or concerns.
Page 312 of 336
Eric Schneider, MCIP, RPP
Senior Planner I Planning Division I City of Kitchener
(519) 741-2200 ext 7843 1 TTY 1-866-969-9994 1 eric.schneider@kitchener.ca
From: Debbie Evans < >
Sent: Friday, May 6, 2022 9:14 AM
To: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: [EXTERNAL] Re: 42 Windom Road -Zoning By-law Amendment
Hi Eric,
Do you have an elevation of what this new design will look like? It would be good to publish
that along with this design diagram to allow people to visualize it. If we are reading the plan
correctly, it appears that this new design of the building will pretty much fill the front of the
property, with a pass-through under part of the building to the parking lot at the back. It is out
of character with the neighbourhood. This does very little to address the parking issue - adding
2 more units, albeit some are smaller units, and 3 more parking spaces. This design allows
for one parking spot per unit, which means no one will have more than one vehicle and no one
will have overnight visitors in the winter months. There is no parking for trades people other
than on the street. We already have problems now when occasionally our garbage doesn't get
picked up because the truck can't get down the street because of people parking on it. The
existing townhouse developments on the street, which do have visitor parking, regularly have
residents parking on the street for days at a time. What will it look like when we have 24 more
Page 313 of 336
families on our small street with not enough on-site parking?
I don't expect this letter to make any difference. The developer will eventually be allowed to
put too many units on too small a lot and we will have to live with it.
Thanks for keeping me in the loop, though.
Debbie
From: Eric Schneider <Eric.Schneider@kitchener.ca>
Sent: May 4, 2022 2:09 PM
To: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: 42 Windom Road -Zoning By-law Amendment
Hello,
I am reaching out to you in response to the proposed development at 42 Windom Road. We circulated a
notice to you in January 2021, and you responded with questions and comments at that time.
The applicant has responded to comments about building design, setbacks, and parking and has updated
their site plan. Please see plan attached. If you have any additional comments, please email me by May
13th, 2022.
Thank you,
Eric Schneider, MCIP, RPP
Page 314 of 336
Senior Planner I Planning Division I City of Kitchener
(519) 741-2200 ext 7843 1 TTY 1-866-969-9994 1 eric.schneider@kitchener.ca
Page 315 of 336
RECEIVED
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Page 316 of 336
To: Eric Schnedr
Planner
200 King St West, P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Sir
Abut The 42 Windom Rd 3 Story building is
Way too high, and 22- unit way to many. The nest
To 42 Windom is 48 Windom 2 time is big land
And only Have 12 unit and 12 parking place. And
No place For visitors to park and no place to put
The snow. And school days the street is fool of cars.
Sometime when i not home cars ark in m drivewa
We own lot
No snow removals that place look like a prison.?
Only benefit builder.
Feb 08 2021
1 A . . . .. 1 1
Yours ttwy
x%19 ay./ l%77,cAt4�.a
Page 317 of 336
From: Debbie Evans < >
Sent: Friday, January 22, 20216:47 PM
To: Eric Schneider
Cc: Debbie Evans
Subject: [EXTERNAL] Rezoning 42 Windom Rd (again) (ZBA20/017/W/ES)
A few years ago, the previous owner of 42 Windom Rd had the property rezoned, in theory
because it was only zoned for 3 units, there were currently 5 units in the building and they
wanted to make it compliant with its current configuration. At the time, I commented on the
rezoning application, saying that most likely the reason for rezoning has nothing to do with
compliance, but more likely is to make it easier to sell the property and open the possibilities
for future development of more units. Guess what? That's exactly what is happening.
We already have a lot of parking issues on this street, particularly with the existing multi -unit
properties, including the residents at 42 Windom Road, parking on the street for days, around
the clock, and sometimes weeks at a time. Kitchener by law does come by when there is a
complaint, marks the tires, and people run out and move their cars temporarily. After bylaw
returns, they move the cars back and there they stay. What is going to happen when there are
22 more families on the street with only 21 parking spots and no place for visitors? Many
families have multiple vehicles. Very few have none. Are people only ever going to ever have
visitors for 3 hours or less, and never overnight in the winter? Where are visitors going to
park? There is no overnight on -street parking allowed in the winter, and only 3 -hour day time
parking. Reducing the parking requirements from 39 spaces to 21 is ridiculous. There should at
least be one spot for each unit and some visitor parking.
Furthermore, lots 32, 39 and 31 on this street have similar or even larger lots than 42. My lot,
43 is fairly large, but not quite as big as these others. If the owners of 42 get approval to build
22 units, does that set a precedent to make it easier for these other owners to get zoning
changes to build more multi -unit dwellings on their properties? If the owner of 42 can do this,
Page 318 of 336
why shouldn't everyone else with a large lot also be able to? How many units can this small
street support?
In conclusion, I fully expected when the first rezoning happened, that the property would be
sold and redeveloped, but 22 units is a lot. And not even having enough parking spots for each
unit to have a place to park is ridiculous. Please keep me informed of what is happening with
this property. If this is the direction the street is going, maybe I should ask the developers of 42
if they want to buy my property too and I'll move somewhere else.
Debbie Evans
Kitchener ON
Page 319 of 336
From: Earl Campbell < >
Sent: Tuesday, February 23, 202110:06 PM
To: Eric Schneider
Subject: [EXTERNAL] 42 Windom Road (KW Windom Inc.
Earl Campbell & Sandra Allen
Definitely against such a proposal.
#1 Parking. Parking in the area is always an issue. During the school year a lot of parents forget how to
park or do not want their child to have to walk 20 feet more. In many cases the wide streets get reduced
to just barely getting between the parked cars.
We get multiple flyers each year asking for parking during the winter months while parking restrictions
are enforced, reducing the number of parking spots required will only increase the issue.
#2 Traffic. There is an issue during school hours and the city is very well aware of it as they did a traffic
study a couple years ago and implemented traffic calming measures. Be it during school time or not
there is a big traffic issue at the corner of Thaler and Fairway Rd. Traffic gets congested and leads to
people taking chances, I am surprised there are not more accidents there. People turning left from
Thaler are crossing two lanes of traffic to turn left. Visibility is restricted due property obstructions on
the south east corner. Not to mention traffic turning left off of Fairway Rd tends to lead to cars behind
darting into the right lane to go around the turning vehicle.
Increasing the number of people in this area will only lead to more traffic issues. Please I invite you to
come and sit at the corner after school lets out or a little later when work tends to get out. It is an
Page 320 of 336
awkward corner as it is not 90 degrees. It really should be a right turn only off of Thaler.
#3 Population. It is very disconcerting to see the general trend in the area. Where once the duplex was
the go -to multiple building we are seeing people that don't live here and are only in it to make a buck
tearing down a single home dwelling and putting up a quadplex. We have had 3 along Morgan Ave.
already and as I said it doesn't affect the people doing this then we will surely see more .... as long as you
are not affected it's ok right?
The rules were originally put in place to help protect the city and people from potential abuse of a
situation. This type of request would not be tolerated in affluent areas with potential increased risk to
people safety. (school kid, residents and general traffic along Fairway Rd)
We are against any exception to facilitate a change just to make more money at the other residents in
the area's expense.
Thank you,
Earl Campbell
Earl Campbell
Page 321 of 336
Statement of Confidentiality: The information contained in this email message and any attachments may
be confidential
and legally privileged and is intended for the addressee(s) only. If you are not an intended recipient,
please: (1) notify me
immediately by replying to the message (2) do not use disseminate, distribute, or reproduce any part of
the message or
attachment; and (3) destroy all copies of this message and attachments.
To UNSUBSCRIBE from receiving, commercial electronic messages from Earl Campbell, please reply to
this email with
"UNSUBSCRIBE" in subject line
E&OE
Page 322 of 336
From: Klein, Ron < >
Sent: Saturday, February 13, 20213:09 PM
To: Eric Schneider
Cc: Lisa Brown
Subject: [EXTERNAL] 42 Windom road
Hello,
I am reaching out in regard to the proposed changes to the current zoning bylaws at
42 Windom road. I currently reside at in a single detached home.
I am concerned about the size of the building Floor space ratio, the number of units and
especially concerned about the parking reduction per unit. Parking has always been
problematic on our street. I fear this development will cause this to be unsustainable. Not
having enough parking for these units as well as the increase in visitors' vehicles, will severely
limit the ability to have visitor parking for the existing residents. I understand the need for more
affordable housing, but developments should not negatively impact longtime current residents.
I hope you consider the impact this will have on the neighbor's and keep the FSR of 60% and
the minimum 1.75 parking spaces per unit.
Thank you so much for your time.
Page 323 of 336
From: Deb Devall < >
Sent: Saturday, February 13, 20215:56 PM
To: Eric Schneider
Subject: [EXTERNAL] 42 Windom Rd Planning
Hi Eric
We have received the information regarding future plans for 42 Windom Rd. My husband and I reside at
and have been living at that location for the past 15 years. We are opposed to the idea of
building a new 22 unit multiple dwelling unit. We are opposed to allowing the zoning by-law to build a 3
story multi dwelling complex to occupy 75 % of the total land area as we feel this will look very ugly and
will consume a lot more traffic to a small rd. We already have the subsidized housing unit on this road
and townhouse units at the end. Windom Rd is used by the young children to come and go to school
every day and we already have many parents parking on both sides of the road to pick up and drop off
their child twice daily.
We would like to be updated on further developments regarding 42 Windom Rd and would like a forum
to voice our concerns.
Deb and Steve Devall
Page 324 of 336
From: Klein, Ron < >
Sent: Thursday, May 5, 2022 10:42 AM
To: Eric Schneider
Cc: Lisa Brown
Subject: [EXTERNAL] Re: 42 Windom Road- Zoning By-law Amendment
Good Morning Eric,
Thank you for taking the time to listen to the concerns we have regarding the impact of this
proposed development. I am still quite worried about the lack of visitor parking for 24 units
(none). As you are aware, all the longtime residents on the street have lost a parking spot on
their driveways to accommodate a sidewalk and apron. In addition to losing a driveway spot the
road has been narrowed and only allows a very small number of parking spots for the entire
street. These few spots are highly sought after and will negatively affect our ability to have our
own visitors park on the street. Will there be something in place to address this? i.e visitor
parking permits for existing residents? Parking is most definitely my biggest apprehension going
forward with this project. Hopefully this can be resolved.
Thank you again for your time.
From: Eric Schneider <Eric.Schneider@kitchener.ca>
Sent: Wednesday, May 4, 2022 2:09 PM
To: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: 42 Windom Road -Zoning By-law Amendment
*************************************************************
*************************************************************
Hello,
Page 325 of 336
I am reaching out to you in response to the proposed development at 42 Windom Road. We circulated a
notice to you in January 2021, and you responded with questions and comments at that time.
The applicant has responded to comments about building design, setbacks, and parking and has updated
their site plan. Please see plan attached. If you have any additional comments, please email me by May
13th, 2022.
Thank you,
Eric Schneider, MCIP, RPP
Senior Planner I Planning Division I City of Kitchener
(519) 741-2200 ext 7843 1 TTY 1-866-969-9994 1 eric.schneider@kitchener.ca
[kitchener.ca] [kitchener.ca] [facebook.com] [twitter.com] [kitchener.ca]
[youtube.com] [flickr.com] [instagram.com]
Page 326 of 336
From: Randy Linseman <
Sent: Tuesday, February 9, 20211:14 PM
To: Eric Schneider
Subject: [EXTERNAL]
Re: Zoning By -Law Amendment - 42 Windom Rd. (ZBA20/017/W/es )
Hello
My name is Randy Linseman and I have been living at since 2001.
1 am responding on this issue for ( motherinlaw )and myself as I am in the
process of purchasing this property.
My concerns are as follows:
- the building itself is way too large for the size of the lot. Parking on this street is now a problem
with overflow of cars because of unts having two cars .This is both a big problem
in summer and winter for people to find spots to park with the current City of Kitchener bylaws.
Also Howard Robertson School backs onto the end of Windom Rd. which causes a large traffic
congestion twice a day when parents are dropping their children off for school. So by adding
21 plus cars to the area is going to cause big problems
the present garbage pickup has changed the pickup times as they are unable to drive down the street
at school pickup and dropoff times.
- I would like to know what type of garbage collection is going to be used and the location
- I am now having problems with the people from the apartment at the back of my property with people
throwing garbage over the fence.
- this property at 42 Windom Rd. would be suited for at max a six plex
RandyLinseman
Page 327 of 336
From: Randy Linseman <
Sent: Sunday, February 21, 202110:49 PM
To: Eric Schneider
Subject: [EXTERNAL] Re: 42 Windom Rd.
Eric
Concerns:
#1- Parking - everyone who rents an apartment has the right to own a vehicle and have
a place to park. Parents dropping & picking their children cause a traffic congestion
to the point where the parents are yelling and close to fist fights. So by adding
21 + cars to the area will make things worse.
#2- Children - the layout of the building and parking lot cover most of the lot. It looks like the only
place for the under ground garbage to go is at the end of the parking lot. That
leaves the back west corner for any children to play. Example: 22 units with 1
child = 22 children, where are they going to play. I do not want them in my yard
as I would be liable for any injuries.
# 3- Fencing - right now there is no fence between the properties. There are trees and shrubs
which keep privacy between the lots. Will there be some kind of fence built.
I am not against an apartment up to a 6-12 units . The building being proposed is way to big for
property. I feel that the big builders are trying to cram as may people in as small of a space as possible
just for the money. I am sure I won't see any of them living here.
Thankyou
Randy Linseman
Page 328 of 336
From: Randy Linseman <
Sent: Monday, February 22, 202111:12 AM
To: Eric Schneider
Subject: [EXTERNAL] Re: Re: Re:
I forgot to mention one more concern which is snow removal, the previous owner used to use a snow
blower to clean
the driveway by blowing it to each side. The new owner ( Jackman ) now has a bobcat come in to clear
the snow. This
winter has been a light one as per other years. My concern is where the snow is going to go ? Right now
they are piling
the snow at the side of the road. The driveway in the proposal will be approx. 200 ft. plus the area of
the 21 parking
spaces.The piling of the snow could be a safety issue for the children and for the cars leaving the
driveway. (blindspot)
Thankyou
Randy Linseman
On Sat, Feb 13, 2021 at 2:15 PM Randy Linseman < > wrote:
Eric
Received the report . I will go through the report and get back to you
with my comments as soon as possible.
Thank -you
Randy
On Fri, Feb 12, 2021 at 10:21 AM Eric Schneider <Eric.Schneider@kitchener.ca> wrote:
Hi Randy, it was great to speak with you on the phone today. Please see attached parking justification
study submitted by the applicant. Please let me know if you have any questions.
Page 329 of 336
Eric Schneider, MCIP, RPP
Planner I Planning Division I City of Kitchener
(519) 741-2200 ext 7843 1 TTY 1-866-969-9994 1 eric.schneider@kitchener.ca
From: Randy Linseman < >
Sent: Friday, February 12, 20219:34 AM
To: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: [EXTERNAL] Re: Re:
Sorry home number is -
On Fri, Feb 12, 2021 at 8:06 AM Eric Schneider <Eric.Schneider@kitchener.ca> wrote:
Ok great I can call you at 10 AM. What number can I reach you at?
Eric Schneider
From: Randy Linseman < >
Sent: Thursday, February 11, 20219:06 PM
To: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: [EXTERNAL] Re:
Hi
I would be available from 10 till noon or 3 till 5. Look forward to our conversation.
Randy
Page 330 of 336
On Thu, Feb 11, 2021 at 3:34 PM Eric Schneider <Eric.Schneider@kitchener.ca> wrote:
Hi Randy,
Thank you for your response and sharing your concerns.
I am wondering if you would be available for a phone conversation tomorrow to discuss further.
Please let me know what phone number I can reach you at and a good time to call.
Regards,
Eric Schneider, MCIP, RPP
Planner I Planning Division I City of Kitchener
(519) 741-2200 ext 7843 1 TTY 1-866-969-9994 1 eric.schneider@kitchener.ca
From: Randy Linseman <
Sent: Tuesday, February 09, 20211:14 PM
To: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: [EXTERNAL]
Re: Zoning By -Law Amendment - 42 Windom Rd. (ZBA20/017/W/es )
Hello
My name is Randy Linseman and I have been living at . since 2001.
I am responding on this issue for ( motherinlaw )and myself as I am in the
process of purchasing this property.
My concerns are as follows:
- the building itself is way too large for the size of the lot. Parking on this street is now a problem
with overflow of cars because of unts having two cars .This is both a big problem
Page 331 of 336
in summer and winter for people to find spots to park with the current City of Kitchener bylaws.
Also Howard Robertson School backs onto the end of Windom Rd. which causes a large traffic
congestion twice a day when parents are dropping their children off for school. So by adding
21 plus cars to the area is going to cause big problems
the present garbage pickup has changed the pickup times as they are unable to drive down the
street at school pickup and dropoff times.
- I would like to know what type of garbage collection is going to be used and the location
- I am now having problems with the people from the apartment at the back of my property with
people throwing garbage over the fence.
- this property at 42 Windom Rd. would be suited for at max a six plex
RandyLinseman
Page 332 of 336
DSD -2022-348 Attachment "A"
PROPOSED BY — LAW
, 2022
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener — Windom KW Inc.
— 42 Windom Road)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Zoning Grid Schedule Number 239 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Five
Zone (RES -5) with Site Specific Provisions (223) and (232) to Low Rise Residential Five Zone
(RES -5) with Site Specific Provision (342).
2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (342) thereto as
follows:
"342. Notwithstanding Tables 5-5 and 7-6 of this By-law within the lands zoned RES -5 and
shown as affected by this subsection on Zoning Grid Schedule Number 239 of
Appendix `A', the following special regulations shall apply:
a) The maximum Floor Space Ratio (FSR) shall be 0.7.
b) The minimum required parking shall be 1 space per dwelling unit.
C) The minimum required visitor parking shall be 8% of required parking.
d) The minimum side yard setback shall be 2.5 metres."
3. This amending By-law shall come into force on the day that By-law 2022-040
(Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b — Applying New
Page 333 of 336
DSD -2022-348 Attachment "A"
Residential Zones on Properties) as it applies to the subject lands comes into effect.
PASSED at the Council Chambers in the City of Kitchener this day of
2022.
Mayor
Clerk
Page 334 of 336
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