HomeMy WebLinkAboutDSD-2022-462 - Draft Plan of Condominium (Vacant Land)-30CDM-22217 - 3241-3247 King Street East and 108 Cameo Drive - Day Nominee CorporationStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: December 5, 2022
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext.
7070
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: November 9, 2022
REPORT NO.: DSD -2022-462
SUBJECT: Draft Plan of Condominium (Vacant Land)- 30CDM-22217
3241-3247 King Street East and 108 Cameo Drive
Day Nominee Corporation
RECOMMENDATION:
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13,
as amended, and By-law 2002-164 of the City of Kitchener, as amended, grant draft approval
to Condominium Application 30CDM-22217 for 3241-3247 King Street East and 108 Cameo
Drive in the City of Kitchener, subject to the conditions shown in Appendix "A".
REPORT HIGHLIGHTS:
• The purpose of this report is to provide a planning recommendation to grant draft approval
for the proposed Vacant Land Condominium for the property located at 3241-3247 King
Street East and 108 Cameo Drive.
• The building design, height, and density have all been approved and are not subject to
Council approval. Council's consideration on this matter is limited to matters of draft approval
of the vacant land condominium only.
• Community engagement for the Vacant Land Condominium included:
o Circulation of a notice letter to owners of property within 240 metres of the subject
property;
o Staff received 16 written neighbourhood responses, resulting in several follow up
phone conversations; and,
o Notice of the public meeting was advertised in The Record on November 18, 2022.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The owner of the property at 3241-3247 King Street East and 108 Cameo Drive is proposing to
obtain draft approval for a 4 -unit Vacant Land Condo (VLC), three (3) of the units each comprising
of a residential tower building and the fourth unit comprising of an above grade parking structure to
allow for the phasing of construction.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 67 of 410
Staff is supportive of the proposed application that would facilitate the construction of the residential
development on the subject site.
BACKGROUND:
The Owner, Day Nominee Corporation, has made application to the City of Kitchener for a Draft Plan
of Vacant Land Condominium.
Figure 1: Location map
The subject property is an irregular-shaped through lot, with frontage onto King Street East and
Cameo Drive.
The subject property is split -identified as `Community Area' and `Urban Corridor' on Map 2 — Urban
Structure and is designated `High Rise Residential' on Map 3 — Land Use in the City's 2014 Official
Plan.
The subject property is zoned `Residential Nine Zone (R-9)' with Special Regulation Provision 169R
in Zoning By-law 85-1. The property is zoned `High Rise Residential Seven Zone RES -7' in Zoning
By-law 2019-051 (currently under appeal).
The applicant has submitted a Site Plan Application (SP21/107/K/ES) and received Approval in
Principle (AIP) for a 3 tower development, providing 946 dwelling units with underground, structured,
and surface parking. The proposed 3 towers are approved with heights of 24, 23, and 19 storeys. A
Minor Variance application (A2022-039) to facilitate the development was approved by the
Committee of Adjustment on April 8, 2022.
REPORT:
The owner of the subject lands is proposing a vacant land condominium which will consist of a total
of 4 units. Three of the units will each contain a residential tower. One unit will be the parking garage,
in shared use by the three tower units and in shared ownership of the residential towers. The 946
residential units are not proposed to be created as condominium units within the proposed vacant
land condominium; rather, they are proposed to be rental units. Internal drive aisles, walkways, and
landscaped areas make up the common elements.
Page 68 of 410
The vacant land condominium application proposes to create units 1 through 4 and a common
element area as shown on the Vacant Land Condominium Plan (attached as Appendix "A").
The purpose of the vacant land condominium application is to permit the individual conveyance of
each tower unit for financing and phasing purposes.
Provincial Policy Statement, 2020
The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and
use of land. The PPS promotes building healthy, liveable and safe communities, the efficient
development of lands and provision of a range of housing types and densities.
Housing related policies in the PPS encourage providing an appropriate range and mix of housing
options and densities to meet projected market-based needs of current and future residents. The
PPS also promotes directing the development of new housing towards locations where appropriate
levels of infrastructure and public service facilities are available to make efficient use of land. The
proposed development is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan promotes development that contributes to complete communities, creates street
configurations that support walking, cycling and sustained viability of transit services and which
creates high quality public open spaces.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of
the minimum intensification and targets in this Plan, as well as the other policies of this Plan by
identifying a diverse range and mix of housing options and densities, including additional residential
units and affordable housing to meet projected needs of current and future residents.
Planning staff are of the opinion that the applications conform to the policies of the Growth Plan.
Regional Official Plan (ROP), 2010:
The subject site is located within the Urban Area and Built -Up Area in the Regional Official Plan.
Permitted uses of the Urban Area and Built -Up Area in the ROP include a mix of housing uses
including condominium units. Regional policies support a diverse range and mix of permanent
housing options including the housing style proposed through this application.
The subject lands fall within the `built boundary' delineated by the Province in the Growth Plan and
identified in the Regional Official Plan. Policy 2.C.2 sets a target of 45% of new residential
development to occur within the Built -Up area (as opposed to an urban greenfield area). This
proposal would contribute to that target and represents reurbanization within the built-up area that
results in a higher density than existed previously.
In addition, Policy 2.D.1 states that in reviewing development applications, the Region and area
municipalities will ensure that development occurring within the urban area is planned and developed
in a manner that:
• is serviced by a municipal; drinking -water system and a municipal wastewater system
• protects the natural environment, and surface water and groundwater resources
• respects the scale, physical character, and context of established neighbourhoods in areas
where reurbanization is to occur.
Based on staff review and comments from the Region of Waterloo, staff is of the opinion that the
application conforms to the Regional Official Plan.
City Official Plan
Page 69 of 410
The subject property is split -identified as `Community Area' and `Urban Corridor' on Map 2 — Urban
Structure and is designated as `High Rise Residential' on Map 3 in the City's Official Plan (OP).
Community Areas are intended to primarily serve as residential areas, and can be Low, Medium, or
High Rise in scale. Lands located within the High Rise Residential designation in the Official Plan
are intended to accommodate high density multiple dwellings to achieve a high intensity of residential
use.
The City's Official Plan contains policies that speak to provision of housing
Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and
tenures such as rental housing, freehold ownership and condominium ownership including common
element condominium, phased condominium and vacant land condominium, as a means of
increasing housing choice and diversity.
Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will
be designed to respect existing character. A high degree of sensitivity to surrounding context is
important in considering compatibility.
Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of
housing types and styles both across the city as a whole and within neighbourhoods.
Based on the above housing policies, staff is of the opinion that the application conforms to the
Official Plan.
Department and Agency Comments:
A copy of all comments received from the commenting agencies and City departments are attached
as Attachment "C". There are no outstanding concerns with the proposed applications.
Community Input and Staff Responses:
Staff received 16 written responses from residents (attached as Attachment "D"). Comments and
questions were mostly related to existing and potential increased traffic on King Street East, and the
potential for a pedestrian crossing of King Street East based on existing conditions. Planning Staff
worked with Regional Transportation Staff to gain information on the regional review of the
Transportation Impact Study (TIS) and how it related to traffic and pedestrian crossing potential.
Current provincial traffic standards do not allow pedestrian crosswalks on roads with a speed limit
of 60KM/h, such as King Street East. Regional Traffic Staff are starting a task force to look into the
potential for pedestrian crosswalks on roads with 60KM/h speed limits. Planning Staff were able to
provide responses directly to the residents by phone and email to answer questions and listen and
understand their concerns. The applicant has received Approval in Principle (AIP) for a 3 tower
development that is permitted under the current zoning. A Minor Variance application (A2022-039)
to facilitate the development was approved by the Committee of Adjustment on April 8, 2022. The
building design, height, and density have all been approved and are not subject to Council approval.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
committee meeting. A notice of the public meeting was placed in the newspaper on November 18,
2022 (Appendix "B").
Page 70 of 410
CONSULT — The Application was circulated to property owners within 240 metres of the subject
lands on September 9, 2022, as per Planning Act requirements. This report will be posted to the
City's website with the agenda in advance of the Committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• Zoning By-law 85-1
• Zoning By-law 2019-051
• City of Kitchener Official Plan, 2014
• Regional Official Plan, 2010
• Provincial Policy Statement, 2020
• Planning Act, 1990
• A Place to Grow, Growth Plan, 2020
• Minor Variance A2022-039
REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning
Division
APPROVED BY: Readman, Justin - General Manager, Development Services
ATTACHMENTS:
Attachment "A" — Draft Approval Conditions and Draft Plan of Condominium 30CDM-22217
Attachment "B" — Newspaper Notice
Attachment "C" — Department and Agency Comments
Attachment "D" — Neighbourhood Comments
Attachment "E" — Site Plan SP21/107/K/ES (Approved in Principle)
Page 71 of 410
Attachment "A"
DSD -2022-462
DRAFT PLAN OF CONDOMINIUM 30CDM-22217
3241-3247 King Street East and 108 Cameo Drive
Day Nominee Corporation
RECOMMENDED CONDITIONS OF DRAFT APPROVAL
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13,
as amended, and by By-law 2005-170, as amended by By-law 2007-042, of the City of Kitchener,
hereby grants draft approval to Condominium Application 30CDM-22217 for 3241-3247 King
Street East and 108 Cameo Drive in the City of Kitchener, subject to the following conditions:
That this approval applies to Draft Plan of Condominium Plan of Condominium 30CDM-
22217 owned by Day Nominee Corporation prepared by J.D Barnes Limited, dated
October 14, 2022, proposing a Vacant Land Condominium Plan comprised of 4 units and
common elements.
Units 1-3: Residential Towers
Unit 4: Parking Structure
Common Elements: Drive aisles, walkways, landscaped areas.
2. That the final plan shall be prepared in general accordance with the above noted plan,
with a copy of the final plan being approved by the City's Manager of Development Review.
3. That prior to registration, the Owner obtain approval form the City's Addressing Analyst of
the following:
a. An addressing plan showing the proposed units with Condominium Unit Numbering;
and;
b. A summary table containing the proposed Condominium Unit Numbering and
assigned municipal addresses.
4. That the Condominium Declaration proposed to be registered (the "Declaration") or any
amendment thereto to effect the registration of a condominium phase shall be submitted
for approval to the City's Manager of Development Review and Regional Municipality of
Waterloo's Commissioner of Planning, Development and Legislative Services. The said
Declaration shall contain:
i) Provisions, to the satisfaction of the City's Manager of Development Review and
Regional Municipality of Waterloo's Commissioner of Planning, Development and
Legislative Services, regarding ownership details and rights and obligations for
common elements including, but not limited to, access lanes, sanitary, storm and
water services, gas utilities and open space/amenity areas, if any.
In addition, the Declaration shall contain specific provisions 4 ii) through 4v), as outlined
below, to the satisfaction of the City's Manager of Development Review.
Page 72 of 410
ii) That the condominium corporation agrees to maintain the subject lands in
compliance with approved Site Plan.
iii) Provisions that obligate the condominium corporation to be created upon the
registration of the Declaration and Description (the "Condominium Corporation") to
implement and maintain any Region required salt management plan related to
winter snow and ice clearing obligations of the Condominium Corporation;
iv) Provisions that obligate the Unit Owners of the condominium plan to implement
and maintain any Region required salt management plan related to winter snow
and ice clearing obligations of the said Unit Owners.
v) Provisions that identify if the approved condominium plan is to be phased pursuant
to the Act that ensure that:
a. the lands in the registered condominium plan created by the registration of the
Declaration and Description have either direct access or access pursuant to
one or more easements satisfactory to the City's Manager of Development
Review and the Region's Commissioner of Planning, Development and
Legislative Services to all required municipal and other services and such
adjacent street(s) for ingress and egress as required by the said Manager and
Commissioner;
b. the lands in any phase registered after the initial registration of the Declaration
and Description have, following the registration of such phase, either direct
access or access pursuant to one or more easements satisfactory to the City's
Manager of Development Review and the Region's Commissioner of
Planning, Development and Legislative Services to
c. all required municipal and other services and such adjacent street(s) for
ingress and egress as required by the said Manager and Commissioner;
d. the remainder of the lands of the approved condominium plan not yet
registered as part of the proposed condominium plan have, following the
initial registration of the Declaration and Description or any phase thereof,
either direct access or access pursuant to one or more easements satisfactory
to the City's Manager of Development Review and the Region's
Commissioner of Planning, Development and Legislative Services to all
required municipal and other services and such adjacent street(s) for ingress
and egress as required by the said Manager and Commissioner.
e. The City's Manager of Development Review and/or the Region's
Commissioner of Planning, Development and Legislative Services may
require solicitors' and/or engineers' written opinions as such Manager or
Commissioner may deem necessary to establish compliance with any one or
more of the conditions set out in the three subparagraphs immediately above.
vi) Provisions that establish long term use of the site:
a. vehicular access
b. maintenance/repair paid by the condominium corporation
Page 73 of 410
c. ownership of units
d. allocation of parking to units.
5. That the Owner provide a written undertaking directed to the City's Manager of
Development Review to register a Condominium Declaration which shall include the
approved provisions as required in condition 4 hereof.
6. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
7. That the Owner shall make arrangements for the granting of any easements for utilities
and municipal services. The Owner agrees to comply with the following easement
procedure:
a. For any of such easements that are not blanket easements covering the whole
property to provide drafts of any required reference plan(s) portraying the proposed
easement(s) location for written approval by the City's Manager of Development
Review prior to the registration thereof showing the proposed location of such
easements and to circulate such draft reference plan(s) for comment to Kitchener
Wilmot Hydro Inc., and any telecommunication companies and the City's Director
of Engineering Services to ensure that there are no conflicts between the desired
locations for utility easements and those easement locations required by the City's
Director of Engineering Services for municipal services.
b. If utility easement locations are proposed within lands to be conveyed to, or
owned by the City, the Owner shall obtain prior written approval from the City's
Manager of Development Review; and
To provide to the City's Manager of Development Review a clearance letter from
each of Kitchener Wilmot Hydro Inc. and the telecommunications company (ies)
(if any) supplying telecommunication services to the property. Such letter shall
state that company in question has sufficient wire -line
communication/telecommunication infrastructure available within the proposed
development and have received all required grants of easement, or alternatively,
no easements are required.
8. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent
of the remaining cost of all outstanding and/or uncertified site development works to the
satisfaction of the City's Manager of Development Review. If the approved condominium
plan is to be phased according to the Act, the outstanding and/or uncertified site development
works in question shall be only those outstanding and/or uncertified site development works
within the lands to be included in the condominium plan by the upcoming registration in
question.
i) The Letter(s) of Credit shall be kept in force until the completion and certification
of the required site development works in conformity with their approved designs.
If a Letter(s) of Credit is about to expire without renewal thereof and the works
have not been completed and certified in conformity with the approved designs,
the City may draw all of the funds so secured and hold them as security to
Page 74 of 410
guarantee completion and/or certification, unless the City Solicitor is provided with
a renewal of the Letter(s) of Credit forthwith.
ii) In the event that the Owner fails to complete the required site development works,
to the satisfaction of the City's Manager of Development Review, then it is agreed
by the owner that the City, its employees, agents or contractors may enter on the
lands and so complete and/or certify the required site development works to the
extent of the monies received under the Letter(s) of Credit. The cost of completion
of such works shall be deducted from the monies obtained from the Letter(s) of
Credit. In the event that there are required site development works remaining to
be completed, the City may by by-law exercise its authority under Section 326 of
the Municipal Act to have such works completed and to recover the expense
incurred in doing so in like manner as municipal taxes.
iii) Other forms of performance security may be substituted for a Letter(s) of Credit,
at the request of the owner, provided that approval is obtained from the City
Treasurer and City Solicitor.
9. That prior to the initial registration and subsequent amendment phases, the Owner shall
provide documentation indicating that any required visitor parking, barrier free parking,
rights-of-way for access and easements for servicing, including the maintenance thereof,
have been provided over the lands included in preceding registrations as well as any
adjacent development lands which are included in this application to the satisfaction of the
City's Manager of Development Review.
10. That prior to the initial registration and subsequent amendment phases, where required,
at the discretion of the Chief Building Official, that the Owner enter into a shared servicing
agreement to be registered on title, to the satisfaction of the City Solicitor.
11. That the Owner/Developer agrees to stage development of this condominium in a manner
satisfactory to the Commissioner of Planning, Development and Legislative Services and
the City of Kitchener, including any easements or other requirements as a result of staging.
12. That prior to final approval, the Owner/Developer enter into a Registered development
agreement with the Regional Municipality of Waterloo to implement the recommendations
and mitigation measures contained in the noise study entitled "Noise and Vibration
Feasibility Study, Proposed Residential Development, 3241-3248 King Street East and
108 Cameo Drive, Kitchener, Ontario" dated September 24, 2021, prepared by HGC
Engineering Limited, including but not limited to the inclusion of solid parapet walls,
glazing, acoustic barriers, installation of air conditioning within all buildings, and the
implementation of the following noise warning clauses:
"Purchasers and tenants are advised that despite the inclusion of noise control features in
the development and within the building units, sound levels due to increasing road and rail
traffic may continue to be of concern, and may occasionally interfere with some activities
of the dwelling occupants as the sound levels exceed the Municipality and the Ministry of
the Environment, Conservation and Parks. "
"This dwelling unit has been supplied with a central air conditioning system which will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor sound
Page 75 of 410
levels are within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
"Canadian Pacific Railway Company or its assigns or successors in interest has or have
a rights-of-way within 300 meters from the land of subject hereof. There may be alterations
to or expansions of the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid may expand its
operations, which expansion may affect the living environment or the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in
the design of the development and individual dwelling(s). CPR will not be responsible for
any complaints or claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way."
The above warning clauses shall also be included in the Condominium Declaration and
all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the
Regional Municipality of Waterloo.
13. That prior to final approval, the Owner/Development enter into a registered development
agreement with the City of Kitchener agreeing to update the "Noise and Vibration
Feasibility Study, Proposed Residential Development, 3241-3248 King Street East and
108 Cameo Drive, Kitchener, Regional Municipality of Waterloo, Ontario', dated
September 24, 2021 as prepared by HGC Engineering Ltd." to provide an assessment of
noise for the proposed buildings that include details relating to floor plans, building
elevations, mechanical drawings, and equipment selections and agree to implement any
recommendations of the study.
14. THAT prior to final approval, the Owner/Developer enter into a registered development
agreement with the City of Kitchener to implement the following stationary noise warning
clause within the Condominium Declaration and all offers of Purchase/Sale and
Lease/Rental Agreements:
" Purchasers and tenants are advised that due to the proximity of the nearby commercial
facilities, sound levels from the facilities may at times be audible."
15. That prior to final approval, the Owner/Developer shall enter into a registered development
agreement with the Regional Municipality of Waterloo to prohibit geothermal energy on
site. Furthermore, the following prohibition shall be included within the Condominium
Declaration and all offers of Purchase and Sale, Lease/Rental Agreements to the
satisfaction of the Regional Municipality of Waterloo:
Geothermal Wells shall be prohibited on site. A geothermal well is defined as a vertical
well, borehole or pipe installation used for geothermal systems, ground -source heat pump
systems, geo-exchange systems or earth energy systems for heating or cooling; including
open -loop and closed-loop vertical borehole systems. A geothermal well does not include
a horizontal system where construction or excavation occurs to depths less than five
metres unless the protective geologic layers overlaying a vulnerable aquifer have been
removed through construction or excavation.
Page 76 of 410
16. That prior to final approval, the Regional Municipality of Waterloo be provided with a copy
of the registered development agreement between the Owner/Developer and the City of
Kitchener prior to the final approval of the condominium plan.
17. That prior to final approval, that the Condominium Declaration be forwarded to the
Commissioner of Planning, Development and Legislative Services at the Regional
Municipality of Waterloo prior to final approval of the condominium plan.
18. That prior to final approval, the Owner/Developer include provisions for salt management
within the Condominium Declaration for both unit owners and the condominium
declaration to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
CLEARANCES:
That prior to the signing of the final plan by the City's Manager of Development Review,
the Owner shall submit a detailed written submission outlining and documenting how
conditions 3 through 10 inclusive have been met. The submission shall include a brief but
complete statement detailing how and when each condition has been satisfied.
2. That prior to signing of the final plan by the City's Manager of Development Review, the
Regional Municipality of Waterloo shall notify the City's Manager of Development Review
that Conditions 4i),iii), iv), v) and 12 through 18 have been satisfied.
NOTES:
The owner is advised that the provisions of the Development Charge By-laws of the City of
Kitchener and the Regional Municipality will apply to any future development on the site.
2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96
as amended, under the Registry Act.
3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo Department of Planning, Development and Legislative Services and the City of
Kitchener Development Services Department of any changes in ownership, agent, address
and phone number.
4. The owner is advised that the Regional Municipality of Waterloo and City of Kitchener
require fees, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, for
modification to draft approval and registration release of plans of condominium.
5. This draft plan was received on October 14, 2022 and deemed complete October 21, 2022
and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13,
as amended as of that date.
6. To ensure that a Regional Release is issued by the Region's Commissioner of Planning,
Development and Legislative Services to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all Regional conditions
have been satisfied and the required clearance letters, agreements, prints of plan to be
registered, and any other required information or approvals have been deposited with the
Regional Planner responsible for the file, no later than December 15th for consideration.
Page 77 of 410
Regional staff cannot ensure that a Regional Release would be issued prior to year end
where the owner has failed to submit the appropriate documentation by this date.
7. When the proposed Description or any amendment thereto to effect the registration of a
phase has been completed and approved by the Land Titles Office the same should be
forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and
the City of Kitchener has received all required fees, the Regional Release and satisfactory
evidence that all conditions of approval have been satisfied, the Manager of Development
Review signature will be endorsed on the Description plan or amendment thereto and it will
be forwarded to the Land Titles Office for registration.
The following is required for registration and under The Registry Act and for our use:
Two
(2)
original mylars
Five
(5)
white paper prints
One
(1)
digital copy
Page 78 of 410
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NOTICE OF PUBLIC MEETING�
fora development in your neighbourhood
3241-3247 King Street East Et 108 Cameo Drive ;: r
Concept Drawing
Vacant Land High Rise 946 Dwelling
Condominium Residential Units
Have Your Voice Heard!
Date: December 12, 2022
Time: 3:00 p.m.
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orVirtual Zoom Meeting
To view the staff report, agenda,
meeting details, start time of this item
or to appear as a delegation, visit:
kitchener.ca/meetings
To learn more about this project,
including information on your
appeal rights, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Eric Schneider, Senior Planner
519.741.2200 x 7843
eric.schneider@ kitchener.ca
An application fora Draft Plan of Vacant Land Condominium will be considered for the lands located
at 3241-3247 King Street East and 108 Cameo Drive. The applicant is proposing a vacant land
condominium which will consist of 4 units representing each of the residential buildings and the
parking structure. The unit breakdown is as follows:
• Unit 1- 24 storey tower with 304 residential dwelling units
• Unit 2- 23 storey tower with 374 residential dwelling units Page 80 of 410
• Unit 3-19 storey tower with 268 residential dwelling units
• Unit 4- 3 storey parking structure
Attachment C
Region of Waterloo
Eric Schneider
Senior Planner
City of Kitchener
200 King Street West, 6th Floor
P.O. Box 1118, Kitchener, ON
N2G
Dear Mr. Schneider,
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. regionofwaterl oo.ca
Monika Oviedo (226) 753-8303
File: 30CDM-22217
November 4, 2022
Re: Notice for Application for Draft Approval - Plan of Condominium (Vacant
Land) 30CDM-22217
3241-3247 King Street East and 108 Cameo Drive
MHBC Planning Ltd. on behalf of Day Nominee Corporation
CITY OF KITCHENER
The Region has prepared the following comments relating to the above noted Vacant
Land Plan of Condominium application at 3241-3247 King Street East and 108 Cameo
Drive in Kitchener. The purpose of these comments is to identify any items that need to
be addressed prior to draft approval and those recommended as conditions of approval.
The applicant has proposed a vacant land condominium consisting of three units, each
proposed to contain a residential building and a common element area. Each unit will
contain a residential building as follows:
Unit 1: a 24 storey tower with 304 residential dwelling units
Unit 2: a 23 storey tower with 374 residential dwelling units
Unit 3: a 19 storey tower with 268 residential dwelling units
The common element area is comprised of a 3 -storey parking structure with a roof top
amenity space, underground parking, surface drive aisles, surface parking, landscaped
areas, walkways, and bicycle racks. The parking areas for each corresponding tower
will be identified as "Exclusive Use Areas" for their respective parking spaces.
Document Number: 4214401 Version: 1
Page 81 of 410
The subject lands are located in the Urban Area of the Region and are Designated Built -
Up Area in the Regional Official Plan. In addition, the subject lands are designated High
Rise Residential in the City of Kitchener Official Plan and zoned Residential Nine (R9)
with Special Regulation 169 in the City of Kitchener Zoning By-law 85-01.This site has
received Site Plan Approval in Principle (Municipal File No. SP21/107/K/ES).
These comments relate to the Draft Plan of Vacant Land Condominium prepared by
J.D. Barnes Limited Ontario Land Surveyors; dated September 2, 2022; Reference
No.21-40-460-02:
Regional Comments
Community Planning
The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of
the Regional Official Plan (ROP) and High Rise Residential in the City of Kitchener Official
Plan. Permitted uses of the Urban Area and Built -Up Area in the ROP include urban uses
such as residential uses, among others.
Regional staff received an unsigned copy of the draft plan for review. Please be advised
that both the Owner and Surveyor must sign the plan in accordance with Section 51(17)
of the Ontario Planning Act.
Regional Staff have no objection to the application, pending the updates to the plan and
subject to the conditions outlined below.
Corridor Management
Regional staff have reviewed the study entitled "Noise and Vibration Feasibility Study,
Proposed Residential Development, 3241-3248 King Street East and 108 Cameo Drive,
Kitchener, Regional Municipality of Waterloo, Ontario" dated September 24, 2021,
prepared by HGC Engineering Limited. The study was completed in support of the draft
plan of Condominium Application at 3241-3248 King Street East and 108 Cameo Drive,
Kitchener.
The study concludes that the primary sources of traffic noise in the area are road traffic
on King Street East to the north and Highway 8 to the south, as well as rail traffic on the
Canadian Pacific (CP) railway to the north.
The following recommendations are provided:
Recommendations for Traffic Noise Control
The study finds that the road and rail traffic noise levels exceed Ministry of the
Environment, Conservation and Parks (MECP) plane -of -window sound level criteria
during daytime and nighttime hours at the proposed residential development. Acoustic
barriers and increased height of parapets are required for the at grade amenity space
and rooftop terrace amenity spaces. Air conditioning is required for the proposed
buildings. Upgraded building and glazing constructions are also required for the
proposed buildings. When detailed floor plans and building elevations are available, an
Document Number: 4214401 Version: 1
Page 82 of 410
acoustical consultant should provide revised recommendations based on actual window
to floor area ratios.
Outdoor Livinq Areas (OLAs)
A common amenity area is located at grade to the north of Building C. The predicted
sound level in the common OLA (prediction location [J]) is 62 dBA, 7 dBA in excess of
the MECP limit of 55 dBA. An acoustic barrier 3.1 m in height is required to reduce the
sound level in the OLA to 59 dBA.
A rooftop terrace is located on the 16th storey roof of Building C. The predicted sound
level in the rooftop terrace (prediction location [K]) is 63 dBA, 8 dBA in excess of the
MECP limit of 55 dBA, with a minimum 1.07 solid parapet wall along the roof edge. With
an increased height of the solid parapet wall to 2.8 m, the sound level on the terrace
would be reduced to 59 dBA.
A rooftop terrace is located on the 16th storey roof of Building B. The predicted sound
level in the rooftop terrace (prediction location [L]) is 64 dBA, 9 dBA in excess of the
MECP limit of 55 dBA, with a minimum 1.07 solid parapet wall along the roof edge. With
an increased height of the solid parapet wall to 3.1 m, the sound level on the terrace
would be reduced to 59 dBA.
A rooftop terrace is located on the 15th storey roof of Building A. The predicted sound
level in the rooftop terrace (prediction location [M]) is 64 dBA, 9 dBA in excess of the
MECP limit of 55 dBA, with a minimum 1.07 solid parapet wall along the roof edge. With
an increased height of the solid parapet wall to 2.8 m, the sound level on the terrace
would be reduced to 59 dBA.
Consideration could be given in detail design to relocating amenity spaces to the
shielded side of the buildings from Hwy 8. For acoustic purposes, acoustic barriers may
be a combination of an acoustic wall and an earth berm. The noise wall shall be solid
and free of gaps with a minimum density of 20 kg/mI. The noise wall should be
structurally sound, appropriately designed to withstand wind and snow load, and
constructed without cracks or surface gaps.
Central Air Conditioninq
The predicted nighttime sound levels at the proposed buildings exceed 65 dBA during
the daytime hours and 60 dBA during the nighttime hours and a result, air conditioning
systems are required so that windows may remain closed.
The location, installation and sound ratings of any outdoor air conditioning equipment
such as rooftop condensers should minimize noise impacts and comply with criteria of
MECP publication NPC -300, as applicable.
Buildinq Facade Constructions
Future traffic sound levels at the facades of the proposed buildings will exceed MECP
criteria. MECP guidelines recommend that the windows, walls and doors be designed
so that the indoor sound levels comply with MECP noise criteria.
Document Number: 4214401 Version: 1
Page 83 of 410
Exterior Wall Constructions
The exterior walls of the proposed buildings may include precast/masonry panel
portions, as well as spandrel glass panels within an aluminum window system. In this
analysis, it has been assumed that sound transmitted through elements other than the
glazing elements is negligible in comparison. For this assumption to be true, spandrel or
metal panel sections must have an insulated drywall partition on separate framing
behind.
Exterior Doors
There may be swing doors and some glazed sliding patio doors for entry onto the
balconies from living/dining/bedrooms and some bedrooms. The glazing areas of the
doors are to be counted as part of the total window glazing area. If exterior swing doors
are to be used, they shall be insulated metal doors equipped with head, jamb and
threshold weather seals.
Acoustical Requirements for Glazing
At the time of this report, detailed floor plans and elevations are not available. Assuming
a typical window to floor area of 50% (40% fixed and 10% operable) for living/dining
rooms and 40% (30% fixed and 10% operable) for bedrooms, the minimum acoustical
requirement for the basic window glazing, including glass in fixed sections, swing or
sliding doors, and operable windows, is provided in Table 7 of the study shown below.
Table 7: Minimum Glazing Requirements for the Proposed Buildings
Building
Facade
Glazing Requirements'
Building A
North
STC -30
East
OBC
South
STC -31
West
OBC
Building B
North
OBC
East
STC -31
South
STC -33
West
STC -31
Building C
North
OBC
East
STC -32
South
STC -36
West
STC -34
Notes:
1 Based on 5040 ,vindow to floor area ratio for livingy`d ring rooms and 40% for the bedrooms. NX'hen
detailed floor plans and building elevations are available. glazing requirements should be refined based
on actual window to floor area ratios.
OBC— Ontario Building Code
Regional staff are satisfied with the conclusions and recommendations of the
environmental noise impact study, as they pertain to transportation noise. The
conclusions and recommendations are as follows:
Document Number: 4214401 Version: 1
Page 84 of 410
Transportation Noise:
1. The developer agrees to implement the recommendations of the report "Noise and
Vibration Feasibility Study Proposed Residential Development 3241-3247 King Street
East and 108 Cameo Drive, Kitchener" as prepared by HGC Engineering and further
agrees that:
2. All Buildings:
a) All units in the proposed development at 3241-3248 King Street East and
108 Cameo Drive, Kitchener must include the following building
components:
a. central air conditioning for all units;
b. The exterior walls of the proposed buildings shall include
precast/masonry panel portions, as well as spandrel glass panels
within an aluminum window system. Spandrel or metal panel
sections must have an insulated drywall partition on separate framing
behind; and
c. Exterior doors may be swing doors and some glazed sliding patio
doors for entry onto the balconies from living/dining/bedrooms and
some bedrooms. If exterior swing doors are to be used, they shall be
insulated metal doors equipped with head, jamb and threshold
weather seals.
3. All units in the proposed development at 3241-3248 King Street East and 108 Cameo
Drive, Kitchener must include the following noise warning clauses in any agreements of
Offers of Purchase and Sale, Lease/Rental Agreements, and/or Condominium
Declarations:
"Purchasers and tenants are advised that despite the inclusion of noise control features
in the development and within the building units, sound levels due to increasing road
and rail traffic may continue to be of concern, and may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the Municipality and the
Ministry of the Environment, Conservation and Parks."
"This dwelling unit has been supplied with a central air conditioning system which will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
4. All units in the proposed development at 3241-3248 King Street East and 108 Cameo
Drive, Kitchener will be located within 300m of the Canadian National Railway to the
north. The following noise warning clause must be included in any agreements of Offers
of Purchase and Sale, Lease/Rental Agreements, and/or Condominium Declarations:
"Canadian Pacific Railway Company or its assigns or successors in interest has or have
a rights-of-way within 300 meters from the land of subject hereof. There may be
Document Number: 4214401 Version: 1
Page 85 of 410
alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment or the
residents in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual dwelling(s). CPR
will not be responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way."
5. Barriers
a) An acoustic barrier 3.1 m in height and the extent as indicated is required for the
common amenity area located at grade to the north of Building C.
b) A minimum 1.07 m high and the extent as indicated solid parapet wall along the
roof edge with an increased height of the solid parapet wall to 2.8 m and the
extent as indicated is required for rooftop terrace located on the 16th storey roof
of Building C.
c) A minimum 1.07 m high and the extent as indicated solid parapet wall along the
roof edge with an increased height of the solid parapet wall to 3.1 m and the
extent as indicated is required for rooftop terrace is located on the 16th storey
roof of Building B.
d) A minimum 1.07 m high and the extent as indicated solid parapet wall along the
roof edge with an increased height of the solid parapet wall to 2.8 m and the
extent as indicated is required for rooftop terrace located on the 16th storey roof
of Building A.
e) For acoustic purposes, acoustic barriers may be a combination of an acoustic
wall and an earth berm. The noise wall shall be solid and free of gaps with a
minimum density of 20 kg/m2. The noise wall should be structurally sound,
appropriately designed to withstand wind and snow load, and constructed without
cracks or surface gaps.
Implementation
That prior to the issuance of any building / occupancy permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are incorporated in
the building plans and upon completion of construction, the City of Kitchener's Building
Inspector will certify that the dwelling units have been constructed accordingly.
Stationary Noise
Regional staff have reviewed 'Noise and Vibration Feasibility Study, Proposed
Residential Development, 3241-3248 King Street East and 108 Cameo Drive,
Kitchener, Regional Municipality of Waterloo, Ontario', dated September 24, 2021 as
prepared by HGC Engineering Ltd. The study has identified off-site stationary noise
sources as having a potential impact on the subject lands, including but not limited to
Document Number: 4214401 Version: 1
Page 86 of 410
various commercial facilities that are significant in the context of the subject site, and
sound from these facilities was not discernible over the traffic noise.
Detailed building designs have yet to be provided and as such, the study did not identify
potential on-site noise sources such as cooling towers, air handling equipment and
underground garage exhaust system that may be associated with the development.
These will require further assessment prior to Final Site Plan Approval to determine any
impacts to the on-site and off-site sensitive receptors.
Regional staff are satisfied with the conclusions and recommendations within the Noise
and Vibration Feasibility Study at this stage. As the detailed design has yet to be known,
as a condition of draft approval, the Owner/Developer shall provide a detailed noise and
vibration study that includes details relating to floor plans, building elevations,
mechanical drawings, and equipment selections. Furthermore, the equipment selected
shall comply with the Ministry of Environment, Conservation and Parks (MECP) NPC -
300 Noise Guideline.
Regional staff recommends the following noise -warning clause be registered on title for
all dwelling units. It is recommended that the Developer/Owner enter into an agreement
with the City of Kitchener and that the following clause(s) be included in agreements of
Offers of Purchase and Sale, lease/rental agreements and in the condominium
declaration.
1. "Purchasers and tenants are advised that due to the proximity of the nearby commercial
facilities, sound levels from the facilities may at times be audible."
2. The Acoustical Consultant for the proposed development shall prepare a noise study
addendum when floor plans, building elevations and mechanical drawings and equipment
selections are available and confirm that mechanical equipment sound emissions comply
with MECP Guideline NPC -300 at the development itself and other noise sensitive
receptors in the neighborhood. Please provide detail dimensions (length and extent) of the
proposed barriers.
3. That prior to the issuance of any building / occupancy permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's Building
Inspector will certify that the dwelling units have been constructed accordingly.
Hydrogeology and Water Programs
The subject site falls within a Wellhead Protection Area- D. As a condition of draft
approval, the Region shall require a prohibition on vertical closed-loop geothermal
systems and all offers of Purchase and Sale/Lease/Rental Agreements. Vertical open -
loop geothermal may be permitted to the satisfactory completion of a hydrogeological
study to assess risk to nearby municipal supply wells. Shallow horizontal closed-loop
geothermal design is permitted at this location. If a hydrogeological study is not
submitted, HWP requests that a prohibition on vertical geothermal energy systems be
included in the Condominium Declaration.
Document Number: 4214401 Version: 1
Page 87 of 410
The following is the recommended wording for the prohibition:
Geothermal Well(s) shall be a prohibited use on site. A geothermal well is defined
as a vertical well, borehole or pipe installation used for geothermal systems, ground -
source heat pump systems, geo-exchange systems or earth energy systems for heating
or cooling; including open -loop and closed-loop vertical borehole systems. A
geothermal well does not include a horizontal system where construction or excavation
occurs to depths less than five metres unless the protective geologic layers overlaying a
vulnerable aquifer have been removed through construction or excavation.
Housing Services
The Region supports the provision of a full range of housing options, including
affordable housing. Rent levels and house prices that are considered affordable
according to the Regional Official Plan are provided below in the section on affordability.
Should this application move forward, staff recommend that the applicant consider
providing a number of affordable (affordable as defined in the Regional Official Plan)
housing units on the site.
In order for affordable housing to fulfill its purpose of being affordable to those who
require rents or purchase prices lower than the regular market provides, a mechanism
should be in place to ensure the units remain affordable and establish income levels of
the households who can rent or own the homes.
Staff further recommend meeting with Housing Services to discuss the proposal in more
detail and to explore opportunities for partnerships or programs and mechanisms to
support a defined level of affordability.
For the purposes of evaluating the affordability of an ownership unit, based on the
definition in the Regional Official Plan, the purchase price is compared to the least
expensive of:
Housing for which the purchase price
results in annual accommodation costs
which do not exceed 30 percent of gross
$385,500
annual household income for low and
moderate income households
Housing for which the purchase price is
at least 10 percent below the average
$576,347
purchase price of a resale unit in the
regional market area
Based on the most recent information available from the PPS Housing Tables (2021).
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $385,500.
Document Number: 4214401 Version: 1
Page 88 of 410
For the purposes of evaluating the affordability of a rental unit, based on the definition of
affordable housing in the Regional Official Plan, the average rent is compared to the
least expensive of.
A unit for which the rent does not exceed
30 per cent of the gross annual
$1,470
household income for low and moderate
income renter households
A unit for which the rent is at or below the
Bachelor: $950
average market rent (AMR) in the
1 -Bedroom: $1,134
regional market area
2 -Bedroom: $1,356
3 -Bedroom: $1,538
4+ Bedroom: $3,997
Based on the most recent information available from the PPS Housing Tables (2021)
In order for a rental unit to be deemed affordable, the average rent for the proposed
units which have fewer than 3 bedrooms must be at or below the average market rent in
the regional market area as shown above. For proposed units with three or more
bedrooms, the average rent for the units must be below $1,470.
Draft Plan of Condominium Conditions:
The Region has no objections to draft approval of Vacant Land Condominium 30CDM-
22217, subject to the following conditions of Draft Approval:
1) THAT the Owner/Developer agrees to stage development of this condominium in a
manner satisfactory to the Commissioner of Planning, Development and Legislative
Services and the City of Kitchener, including any easements or other requirements as
a result of staging;
2) THAT prior to final approval, the Owner/Developer enter into a Registered
development agreement with the Regional Municipality of Waterloo to implement the
recommendations and mitigation measures contained in the noise study entitled
"Noise and Vibration Feasibility Study, Proposed Residential Development, 3241-
3248 King Street East and 108 Cameo Drive, Kitchener, Ontario" dated September
24, 2021, prepared by HGC Engineering Limited, including but not limited to the
inclusion of solid parapet walls, glazing, acoustic barriers, installation of air
conditioning within all buildings, and the implementation of the following noise
warning clauses:
"Purchasers and tenants are advised that despite the inclusion of noise control features
in the development and within the building units, sound levels due to increasing road
and rail traffic may continue to be of concern, and may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the Municipality and the
Ministry of the Environment, Conservation and Parks."
Document Number: 4214401 Version: 1
Page 89 of 410
"This dwelling unit has been supplied with a central air conditioning system which will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
"Canadian Pacific Railway Company or its assigns or successors in interest has or have
a rights-of-way within 300 meters from the land of subject hereof. There may be
alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment or the
residents in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual dwelling(s). CPR
will not be responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way."
The above warning clauses shall also be included in the Condominium Declaration
and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of
the Regional Municipality of Waterloo.
3) THAT prior to final approval, the Owner/Development enter into a registered
development agreement with the City of Kitchener agreeing to update the "Noise and
Vibration Feasibility Study, Proposed Residential Development, 3241-3248 King
Street East and 108 Cameo Drive, Kitchener, Regional Municipality of Waterloo,
Ontario', dated September 24, 2021 as prepared by HGC Engineering Ltd." to
provide an assessment of noise for the proposed buildings that include details
relating to floor plans, building elevations, mechanical drawings, and equipment
selections and agree to implement any recommendations of the study.
4) THAT prior to final approval, the Owner/Developer enter into a registered
development agreement with the City of Kitchener to implement the following
stationary noise warning clause within the Condominium Declaration and all offers of
Purchase/Sale and Lease/Rental Agreements:
" Purchasers and tenants are advised that due to the proximity of the nearby
commercial facilities, sound levels from the facilities may at times be audible."
5) THAT prior to final approval, the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to prohibit
geothermal energy on site. Furthermore, the following prohibition shall be included
within the Condominium Declaration and all offers of Purchase and Sale,
Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo:
Geothermal Wells shall be prohibited on site. A geothermal well is defined as a
vertical well, borehole or pipe installation used for geothermal systems, ground -
source heat pump systems, geo-exchange systems or earth energy systems for
heating or cooling; including open -loop and closed-loop vertical borehole systems. A
Document Number: 4214401 Version: 1
Page 90 of 410
geothermal well does not include a horizontal system where construction or
excavation occurs to depths less than five metres unless the protective geologic
layers overlaying a vulnerable aquifer have been removed through construction or
excavation.
6) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a
copy of the registered development agreement between the Owner/Developer and
the City of Kitchener prior to the final approval of the condominium plan; and,
7) THAT prior to final approval, that the Condominium Declaration be forwarded to the
Commissioner of Planning, Development and Legislative Services at the Regional
Municipality of Waterloo prior to final approval of the condominium plan.
8) THAT prior to final approval, the Owner/Developer include provisions for salt
management within the Condominium Declaration for both unit owners and the
condominium declaration to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services;
Fees
The Region acknowledges receipt of the Plan of Condominium review fee of $3,450.00
(received/deposited September 23, 2022).
General Comments
Any future development on the lands subject to the above -noted application will be
subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof.
Please accept this letter as our request for a copy of the decision pertaining to this
application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
IP!
Monika Oviedo
Senior Planner
C. Day Nominee Corporation (Owner)
MHBC Planning Ltd. (Applicant)
Document Number: 4214401 Version: 1
Page 91 of 410
Gtand Riper
C'7 a
o i
tion Pero
September 19, 2022
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
Eric Schneider
Senior Planner
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
eric.schneider(a_kitchener.ca
Re: Draft Plan of Condominium 30CDM-22217
3241-3247 King Street East and 108 Cameo Drive
Day Nominee Corporation
Dear Mr. Schneider,
Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
application for a vacant land condo.
Recommendation
The GRCA has no concerns in principle, however, acceptability of one common element
area at 108 Cameo Drive should be confirmed.
Documents Reviewed by Staff
Staff have reviewed the Draft Plan (JD Barnes, revised September 2, 2022) submitted
with this application, as well as previous plans for Site Plan Application SP21-107-K-ES.
GRCA Comments
The GRCA has reviewed this application as per our Provincial delegated responsibility
to review natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario
Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of
Waterloo.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 92 of 410
Information currently available at our office indicates that the subject lands contain a
floodplain and valley slope associated with Hidden Valley Creek. The residential
development footprint is outside of any GRCA-regulated areas and we have no
concerns in that respect.
As previously noted on our November 8, 2021 comments for Site Plan Application
SP21-107-K-ES, 108 Cameo Drive is proposed to be a natural common amenity area
with a trail. Vive Development subsequently provided the GRCA with an amenity space
plan (Aboud and Associates, revised February 8, 2022), and we commented at that time
that no new private development is permitted in floodplains and riverine slopes greater
or equal to a 20% gradient. Portions of the trail proposed in those natural hazards
would only be permitted if it was a City project or secured by the City for public access.
The regulatory flood elevation here is elevation is 319.0 metres (CGVD 28) or 318.6
metres (CGVD 2013). At this time, we cannot confirm the acceptability of this common
element of the development proposal. If public access is confirmed and development is
proposed in a GRCA regulated area, a GRCA permit will be required.
We received a fee to review the related site plan application, and no additional fees are
required. A separate fee will be required for any GRCA permits.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2763 ext. 2292 or
theywood(a)grand river. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl. Resource Mapping
cc: Mark Hoculik, Vive Development
Pierre Chauvin, MHBC
Carrie Musselman, City of Kitchener
Lenore Ross, City of Kitchener
Page 2 of 2
Page 93 of 410
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Condominium Circulation Response Form
Notice for Application for Draft Approval - Plan of Condominium (Vacant Land)
File Number: 30CDM-22217
Location: 3241-3247 King Street East and 108 Cameo Drive
Owner: Day Nominee Corporation
Cross Reference: Site Plan Application: SP21/107/K/ES
Park Dedication requirements are outstanding for the site plan and are anticipated to be satisfied
as cash in lieu of land through a Park Dedication Deferral Agreement.
Any further changes to site plan SP21/107/K/ES should be reflected in the condominium
application 30CDM-22217 and the Park Dedication Deferral Agreement.
Parks & Cemeteries
Department/Agency
October 07 2022
Date
Lenore Ross
Signature of Representative
Page 95 of 410
Hi Eric,
Engineering's comments on the condo are that all SWM and Servicing are to be within the common
element, and a statement to that effect be in the declaration.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
Page 96 of 410
DEVELOPMENT SERVICES DEPARTMENT
BUILDING DIVISION
Robert Schipper, CBCO
Manager of Building
City Hall, P.O. Box 1118
200 King St. W., 51h Floor
Kitchener, Ontario
Canada, N2G 4G7
Phone: (519)741-2836
Fax: (519 741-2775
robert.schipperCa.kitchener.ca
September 26, 2022
Attn: Day Nominee Corporation
Subject: Vacant land Condominium application 30CDM-22217 for 3241 — 3247 King
St E and 108 Cameo Drive, Kitchener
Building Division has no concerns with the vacant land Condominium application.
Thank you for giving us this opportunity to respond to this application.
Sincerely,
Robert Schipper, CBCO
Manager of Building
c.c. Eric Schneider
Page 97 of 410
Eric Schneider
From: Christie Kent <christie_kent@wrdsb.ca>
Sent: Wednesday, October 5, 2022 2:18 PM
To: Eric Schneider
Subject: WRDSB Circulation Comments - 30CDM-22217 3241-3247 King St E and 85 Cameo
You don't often get email from christie_kent@wrdsb.ca. Learn why this is important
Good Afternoon Eric,
The Waterloo Region District School Board (WRDSB) has reviewed the circulation for 30CDM-22217, which proposes a
vacant land condominium with three units containing towers with a total of 946 residential units. The WRDSB offers the
following comments for information and consideration:
Student Accommodation
At this time, the subject lands are within the boundaries of the following WRDSB schools:
Franklin Public School (Junior Kindergarten to Grade 6);
Sunnyside Public School (Grade 7 to Grade 8); and
Eastwood Collegiate Institute (Grade 9 to Grade 12).
The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on student enrolment and
accommodation at these schools.
Conditions of Draft ADDroval
The WRDSB requests that the following is included within the conditions of draft approval:
1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all
purchasers of residential units and/or renters of same:
a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities
may not be available for all anticipated students. You are hereby notified that students may be accommodated in
temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred
to another school."
b. "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-
570-0003 ext. 4419, or email planning@wrdsb.ca. Information provided by any other source cannot be guaranteed to
reflect current school assignment information."
c. "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STS WR),
or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off
students, and so bussed students will be required to meet the bus at a congregated bus pick-up point"
Education Development Charges
Please be advised that any development on the subject lands will be subject to the WRDSB's Education Development
Charges By-law, 2021, as amended or any successor thereof and the payment of Education Development Charges may
be required prior to the issuance of a building permit.
Should you have any questions regarding the above, please do not hesitate to contact me.
Thank you,
Page 98 of 410
Christie
Christie Kent McIP RPP
Senior Planner
Waterloo Region District School Board
51 Ardelt Avenue, Kitchener ON, N2C 2R5
C: 226-748-4803
T: 519-570-0003 Ext. 4459
E: christie kent(@-wrdsb.ca
Page 99 of 410
A) That the developer shall include the following wording in the condominium declaration to
advise all purchasers of residential units and/or renters of same:
"In order to limit risks, public school buses contracted by Student Transportation Services
of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately
owned or maintained right-of-ways to pick up and drop off students, and so bussed
students will be required to meet the bus at a congregated bus pick-up point."
B) That the developer enter into an agreement with the City of Kitchener to be registered on the
title to the Property that provides:
"All agreement of purchase and sale or leases for the sale or lease of a completed home
or a home to be completed on the Property must contain the wording set out below to
advise all purchasers of residential units and/or renters of same."
"In order to limit risks, public school buses contracted by Student Transportation Services
of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately
owned or maintained right-of-ways to pick up and drop off students, and so bussed
students will be required to meet the bus at a congregated bus pick-up point."
If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
Page 100 of 410
Hydro One Networks Inc.
Facilities & Real Estate
P.O. Box 4300
Markham, Ontario DR 5Z5
www.HydroOne.com
Courier:
185 Clegg Road
Markham, Ontario L6G 1 B7
h y d r o
one
VIA E-MAIL ONLY TO eric.schneider@kitchener.ca
September 19, 2022
Planning Division
City of Kitchener
Attention: Eric Schneider
Dear Eric:
Re: Draft Plan of Condominium, Day Nominee Corporation
3241-3247 king St E & 108 Cameo Drive
City of Kitchener
File: 30CDM-22217
Please be advised that Hydro One Networks Inc. ("HONI") has completed a preliminary review of the
proposed plan of the above noted condominium 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 condominium 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 condominium
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
lana.kegel@hydroone.com to discuss all aspects of condominium 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 lot 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.
Any development in conjunction with the condominium must not block vehicular access to
any HONI facilities located on the transmission corridor. During construction, there must be
Page 101 of 410
no storage of materials or mounding of earth, snow or other debris on the transmission
corridor.
4. At the developer's expense, temporary fencing must be placed along the transmission
corridor prior to construction, and permanent fencing must be erected where lots directly
abut the transmission corridor after construction is completed.
5. The costs of any relocations or revisions to HONI facilities which are necessary to
accommodate this condominium 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 condominium.
6. 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,
AW4 &he;�o
Dennis De Rango
Specialized Services Team Lead, Real Estate
Hydro One Networks Inc.
Cc: Lan Kegel — Hydro One Networks Inc.
File: 30CDM-22217 Page 2 of 2
Page 102 of 410
Eric Schneider
From:
Sent:
To:
Subject:
You don't often get email from
Dear Mr. Schneider,
Attachment D
William Day
Thursday, September 15, 2022 1:42 PM
Eric Schneider
File Number 30CDM-22217
Learn why this is important
In reference to the above file, I found it very difficult to read what was printed on the document with regards to each
unit.
Would it be possible to provide a clearer document that would give me a better understanding of the structures
proposed for this property.
An eMail containing pdf files would be fine.
Thank you.
Yours truly,
William R. Day
Page 103 of 410
Eric Schneider
From:
Sent:
To:
Subject:
You don't often get"email from
Dear Eric
bernice williams
Thursday, September 15, 2022 5:55 PM
Eric Schneider
30CDM-22217
Learn why this is important
Is the city crazy to approve a 24 storey building on a hill overlooking the expressway. This lot was approved for a 6
storey and who would think that this is even remotely more than an eye sore. The traffic on Old King is busy enough and
I think this is absolutely crazy. I repeat Crazy to destroy the neighbourhood and bring this amount of destructive energy
to this part of the neighbourhood. We do not have buses to accommodate and the whole look and feel of this
neighbourhood will be destroyed not to say what the look will be. I will lose my view which has cost me a lot of money
and I was assured that the max the building beside me would be 6 stories. Never the less the city must have been paid
off off for this to even be considered and someone needs to stop this. One building would be awful above the 6 storey
but what would 3 do. Money money money the city has gone crazy. I hope you live here so that you can see that this is
terrible addition to a already busy and noisy place.
Who is the builder? Is it the councillor wow what a surprise
Bernice Williams
Page 104 of 410
Eric Schneider
From: J Moore
Sent: Friday, September 16, 2022 4:57 PM
To: Eric Schneider
Subject: Notice of Application for Draft Approval - Plan of Condominium, 3241-3247 King St. E.,
and Cameo Drive, Kitchener
You don't often get email from. Learn why this is important
Hello Mr. Schneider:
I have lived in this neighborhood for ten years.
I have read the information you provided, and honestly it is very vague. All I know is that
King Street East, in the section under question, is one lane in each direction, and is a VERY
busy street at the present time. Consider even the small amount of 100 more cars, which is
minimal for the proposal under consideration, and it becomes an accident waiting to
happen.
My experiences with walking in the neighborhood are rather unsafe. Cars often honk at me
for not crossing the street quick enough. The posted speed limit is 60 km, cars often pass
by at 80 km or more. Have you ever tried to turn left into my building? It is next to
impossible. I joke with my friends who all say it must be noisy living between King Street
and the expressway, and I say it gets quiet at 4 A.M. Sunday.
I doubt that I would ever been able to afford to move into the proposed plan if it should
proceed, nor any of my neighbors in this building. The information provided does not
indicate the number of bedrooms, what about families who cannot afford to purchase a
freehold home? Where are they to live? From the large number of units, I seriously doubt
that there would be any three bedroom units in the entire proposal.
So Mr. Schneider, you can indicate that I do not support the proposal to the powers to be.
Regards,
.Janet Moore
Kitchener, ON
Sent from Mail for Windows
1
Page 105 of 410
Eric Schneider
From: Shannon Currie
Sent: Sunday, September 18, 2022 1:24 AM
To: Eric Schneider
Subject: 3241-3247 King St East and 108 Cameo Drive
[You don't often get email from . Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
We don't need anymore condominiums in Kitchener aka Condo City, particularly in the Fairway Rd. Area which already
has more traffic than it can handle at key times of the day. Don't bother emailing me back because you do whatever you
want without listening to the public anyhow.
Sent from my iPhone
Page 106 of 410
Eric Schneider
From:
Sent: Tuesday, September 20, 2022 10:16 AM
To: Eric Schneider
Subject: Condo King East and Cameo feedback
[You don't often get email frorr Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
Eric
I live at Kitchener. You have plans for King and Cameo. Are you also aware that 3 condo buildings are
also being built next to me.
All of these properties access King St E. plus there is another condo a few doors down.
How can we get out onto King then when we already have difficulty getting out now. Have you checked access to King
travel patterns?
What kind of lower income apartments have you approved?
I have grave concerns being a senior with limitations. To go to the bus to Ion, I have to cross King illegally and walk a
block to access a bus.
Someone should consider coming to king with a walker and cross to the bus stop.
Carol Van Dyk
Kitchener
Sent from my ilDad
1
Page 107 of 410
Eric Schneider
From:
Sent:
To:
You don't often get email from
Hi Eric,
Friday, September 23, 2022 6:28 PM
Eric Schneider
Learn why this is important
My name is Teresa Ochman ,I am the owner of the condo in
I received the letter regarding
the buildings on the
3241-3247 King St.E and 108 Cameo Dr. My question is ,if will be the access to that building from Cameo Dr. or
just from the Kings St ?
The 3 buildings will have all together 1046 unit, so the traffic will be much worse then now .
Thank you ,
Teresa Ochman
Page 108 of 410
Eric Schneider
From:
Sent:
To:
Subject:
You don't often get email frorr
Mr. Schneider,
GREG SAMSON
Saturday, October 1, 2022 8:42 PM
Eric Schneider
File Number 30CDM-22217
Learn why this is important
Thank you for your Sept. 9/22 letter & enclosed Draft Plan of 3241-3247 King. St. E & 108 Cameo Dr., Kitchener.
I have a few serious objections to the proposed plan and the requested "minor variances " to the Zoning By-law.
First, I highly object to a 23 -storey building erected right in front of our Condo building which will be more than twice the
height of our building. That building will tower over us leaving us in a day -long shadow with no sun entering our Unit. We
will be closely overlooked and we will lose all our privacy and will have to keep our curtains drawn all day and all night
throughout the year to keep out prying eyes from the proposed building. This will be especially bad if balconies are also
proposed for the planned building. It will all make me more claustrophobic than I already am! That's not good for my
mental health. Shadows all day and night and no sun all day all year will be depressing.
I could agree with putting up an eight -storey building on the site, especially for "Unit 2" of the plan.
Second, I object to the number of units for such a small surface area ... 946 units in three buildings on one site. With 2 to 3
people in each Unit that's more people in that small area than there is in most Villages in Ontario.
It is NOT a MINOR VARIANCE the developer requested to go from 100 units/ha to 488 units/ha. That's a VERY MAJOR
VARIANCE and is too excessive!
There are many other locations in Kitchener on which a developer can put up more of their affordable housing units. They
shouldn't have to pack them all into such a small space.
Third, with 946 units there will be traffic bedlam trying to exit onto King Street East. It's already difficult now trying to exit
our driveway to make a left turn East onto King Street East; the increase in traffic from the proposed Complex will make it
nearly impossible to exit safely. We've already had a few collisions with people trying same (I was not one of them). The
Developer's presumption that most people will use a bicycle is not reality. Most people will probably have at least one
vehicle, even if they are low-income households. In Winter, practically no one will use a bicycle, and they will revert to
vehicles. Even if most vehicles use Cameo Drive, there will still be many who will be entering and exiting via King Street
East, presuming there will be entrance and egress from King Street East (this driveway would be necessary for
Emergency vehicles).
Fourth, there will certainly not be enough Visitors' Parking for these three buildings, so the overflow will most likely use
OUR Visitors' Parking spaces. Our Condo Corporation has already spent thousands of dollars this year on By-law
enforcement just on keeping unauthorized vehicles out of our Visitors' Parking from people who live in the few houses that
are in our area. With the large number of units proposed for next door we will probably be more than tripling our expenses
in this regard.
Fifth, due to the high density of the proposed buildings increasing the density of residents in the area, the Market value of
our building's units will be reduced by at least 25 to 40%.
Even before the Mortgage rates started increasing recently, it was difficult to sell a unit in our building, due to prospective
purchasers knowing that three residential towers would be going up adjacent to our building, and those units that DID sell
went for much lower than what they should have.
Sixth, there are a large number of trees on the proposed lots which birds use from year to year for nesting purposes.
Presumably most will be removed, eliminating the birds' nesting places, and eliminating the greenery visible from our
building's units. This will be a great loss to the birds and to the residents of our building.
Also, our residents will lose our countryside views, as well as the many fireworks displays we see each time they are
shown.
Page 109 of 410
Seventh, while not a huge possibility, there is always a chance that the new building could collapse and fall toward and
onto our building, despite all the building codes that the developer must follow. The buildings should be placed so that
they are not within the distance it would take to fall on any adjacent buildings should they tip from ground level.
Please forward to me a copy of the staff report and advise me when and where the future public meeting will take place.
Thank you,
Greg Samson
Page 110 of 410
Eric Schneider
From: Gary Woodrow
Sent: Monday, October 3, 2022 3:12 PM
To: Eric Schneider
Subject: File Number 30CDM-22217 3241-3247 King Street East and 108 Cameo Drive
[You don't often get email from Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
Thank you for the opportunity to comment on this plan. I am very much in favour of the plan. I do have one concern.
Adding the potential 946 units will add to the already busy traffic on King Street East. I live on Hofstetter Avenue and
often it is difficult to turn onto King.
If possible, I would suggest an extension of Cameo Drive turning North to meet King Street East at a new traffic light.
This would allow an easy exit for the new condos and for the residents on Hofstetter Avenue. Additionally, it would cut
down on the frequent speeding on King.
Thanks!
Gary Woodrow
Sent from my iPhone
Page 111 of 410
Eric Schneider
From:
Linda Lovegrove
Sent:
Monday, October 3, 2022 4:50 PM
To:
Eric Schneider
Subject:
file 30CDM-22217
[You don't often get email from Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
I am writing as an owner and resident at Directly overlooking the two properties under consideration for
development into three apartment towers. I understand the same developers are already approved to put a large tower
at the old Schwaben club location just up the street, and I fully expect they will also get approval to build 946 units next
door. The drive to add housing units without consideration for whether there is demand for the size and price of these
units in a given location will clearly continue, and the city will accept any and all development despite limited efforts to
collect input from neighbours. While I do support upward growth within city limits (to maintain the lovely and
productive countryside that surrounds us), I would welcome some semblance of civic planning. Instead, it appears you
are just wantonly putting up 25+ story buildings in every available patch of land, accepting any and all proposals from
greedy developers.
This particular development will remove all available green space on the two properties, save for some bush along
Cameo. It currently contains a lot of mature trees that are easily 12 stories high, and is a vibrant wild space. It will
literally tower over neighbouring condos, making our lives uncomfortable, dirty, and noisy for the 5 years over which
construction is planned. What is the city planning to do in the neighbourhood to help compensate us for the loss of view
and freedom of movement, let alone the decrease in property value? At least three floors of our condo will now look
directly into a parking garage. The entire building on the other side is looking directly into one of the new towers. There
appears to be absolutely no consideration of the surrounding properties in this development. No consideration of what
the impact of additional traffic will be. No consideration of the kind of options this size of space could afford to create a
community of different kinds of housing. Just three towers of small rental units, a very small percentage of which will
actually be affordable for most. The rest can be priced with no limits on annual increases, according to someone's idea
of market. Rental housing without rent controls does next to nothing to serve the population that needs it ... having lived
30 years in a rent controlled apartment in Toronto, I can attest to the kind of permanence and security that provides. If
this city is going to continue building rentals, it must advocate to remove exemptions to the landlord tenant act for new
builds, if it is the interests of residents that it cares about.
At a minimum, I think the city should approve just two multi unit buildings on these properties, with sufficient parking
contained underground each. Just as the neighbouring properties were allowed.
Linda Lovegrove
Page 112 of 410
Eric Schneider
From:
Sent:
To:
Subject:
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File No: 30CDM-22217
Bob & Marg Gauthier c
Tuesday, October 4, 2022 11:32 AM
Eric Schneider
3241-3247 King St E and 108 Cameo Drive
am why this is important
Thank you for taking my call the other day regarding this development. As a resident of Cameo Terrace @3267 King St E,
we are very concerned about the development as it is so out of scale with the adjoining properties. As you know,
Cameo Terrace is a 6 storey condominium while the Regency is an 11 storey building. At 24, 23 and 19 storeys, the
proposed development is completely out of scale with its surroundings.
The current infrastructure in this area would seem to be less than adequate to support the density that this
development proposes. Cameo Drive is at best, a minor back road dead -ends at Hwy 8 and was recently repaved (at
taxpayer expense) for no particular reason except to support this development. We have to assume the city knew this
going forward. If this is to be used as construction access for the new development, it will be destroyed by heavy vehicle
traffic and will then have to be rebuilt (again at taxpayers expense). Cameo Drive connects to Hofstetter (stop sign) and
then to King Street E. There is no stop light at this intersection.
The layout of this development with a central parking garage looks to create an urban wasteland, completely at odds
with the goals of many of these developments. The provision of a green space to the west of the property looks more
like an excuse than any real effort to make this a liveable space. There is an article in the Record on Monday Oct 3 about
this very subject. The current proposal seems intent on changing the whole character of this area of the city from one of
relative peace to one of overwhelming activity.
King St E is already operating at capacity at various times of the day. While this is a Regional Road, the planning process
needs to take this into account. King St E has no stop lights and no crosswalks between Fairway and River. It is a 3 lane
road with a left turn lane in the middle. A widening of this road seems unlikely in order to accommodate increased
traffic from this development plus at least 2 more pieces of land that are ripe for development. There is an assumption
by the developer that public transit and bicycles will take care of any excess traffic problems but again King has limited
bus service (and definitely no plan for LRT) and no bike lanes at this time.
At Cameo Terrace, we are concerned with the construction implications of this project as we do have an underground
garage abutting the property line. While we have been assured that this will not be a problem, we still want this to be in
the record.
As the length of time that this project will be in construction is projected at 5 years, we also want to ensure that
mitigation of noise, dust, construction materials, equipment storage and other related issues will be part of this
undertaking.
As discussed on the telephone, can you please send me a better copy of the drawing (s) that was included with your
letter. A .pdf by email would be good.
We look forward to your response.
Bob and Marg Gauthier
Page 113 of 410
Eric Schneider
From: Karen lee
Sent: Tuesday, October 4, 2022 10:31 PM
To: Eric Schneider
Subject: file number 30CDM-22217
You don't often get email from Learn why this is important
Good evening Eric,
My apologies for the late submission. I thought it was not due until the end of the month.
My name is Karen Lee and I live at: My concerns for location 3241-3247 king street east
and 108 cameo drive are as follows
1) the distance between _ and 3241-3247 king street east.
They are literally building a couple of feet from the property line. This means they can easily step onto our property, it's
disturbing that when you look out the window you will be able to see directly into the other building window!
2) the distance from the king street east
It's difficult to get onto King street with the current traffic and with the building so close to the road its going to be
difficult to see oncoming traffic since there is a bend in the road.
3) Traffic
There should be traffic lights or pedestrian crossing to the bus stop at 3227 king street both ways as with increased
traffic it's going to be very difficult to cross the street as it takes over 10 mins to cross.
Someone will get hit and I've seen many people struggling to cross due to traffic. you dont see how bad traffic can get.
4)low income housing
this is going to ruin the quietness of the area as its known that low income housing residents are not respectful and like
to cause trouble
5) Parking spots
Since there are fewer parking spots per unit the residents will be using parking at 3227 king street.
6) 3 units in a small area
this was a nice area to live in and with the proposed 3 units it's going to take away the view of the trees, there are lots of
nice trees, cause a lot of noise pollution, causing more traffic, making it difficult to exit 3227 king street, causing more
danger to crossing the street
There are many seniors that live here at the Regency and many of them have the same concerns as I do and I said I will
represent them as they do not have access to emails.
Thank you for your time
Karen
Page 114 of 410
Eric Schneider
From: Cathryn Fischer
Sent: Wednesday, October 5, 2022 9:26 AM
To: Eric Schneider
Subject: Re: Notice for Application for Draft Approval - Plan of Condominium (Vacant Land) File
Number: 30CDM-22217
You don't often get email from Learn why this is important
Dear Mr. Schneider
I know I am a day late with this, but I want to add my concerns to your file, if that's still possible.
We are terribly concerned that the vibration of the construction of the proposed buildings in the neighbouring lot will be too
much for the foundation of our Cameo Terrace property. We are concerned that the drilling required, especially if
something other than strictly caisson foundation walls are implemented, will cause serious damage to our building's
stability. The proposed under -pinning for the new building placed below our existing building, thereby disturbing our base,
is very concerning.
The property also has a seasonal natural water feature which will create a bigger burden on the drainage system on King
Street.
On page 47 of the Proposal dated March 4, 2022, it is stated, "Emergency access has been considered through the site
design which provides for direct access from the King Street East and Cameo Drive right of ways and through the site
from King to Cameo Street as well as adequate turning radius and layby for emergency vehicles." We already have non
Cameo traffic short -cutting through our property to get from King St. E. to Cameo Drive, and are concerned that our's will
become an even more popular route as more traffic makes our driveway more appealing to drivers.
I hope you can take the time to include these concerns in your considerations.
Cathryn Ficr.hz.r
Kitchener, Ontario
Page 115 of 410
Patricia Gibbons
1 -
-
3
Eric Schneider
To: Carleigh Bilyea
Subject: RE: File Number: 30CDM-22217
From: Carleigh Bilyea
Sent: Thursday, October 6, 2022 7:41 PM
To: Eric Schneider <Eric.Schneider@kitchener.ca>
Subject: File Number: 30CDM-22217
You don't often get email from warn why this is important
My name is Carleigh Bilyea. My boyfriend and I live at
We received the letter in regards to 3241-3247 King Street east and 108 Cameo drive.
We are opposing this development as it is going to be very close to is well as close to the street where
it is already very difficult getting out onto King Street.
There is not enough space in between the buildings which is a concern for noise.
Thanks for your consideration,
Carleigh Bilyea
Get Outlook for iOS
Page 118 of 410
Eric Schneider
From:
Sent:
To:
Subject:
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Hello Eric,
MARLA MOORE < _
Thursday, October 13, 2022 12:34 PM
Eric Schneider
3241-3247 King Street E
earn why this is important
I was hoping you could help me locate some documents for 3241-3247 King Street E development of
the three towers on that site. I usually can obtain documents from the app2.kitchener.ca/AppDocs/
website with all of the development documents, however I cannot find any on this one.
It's for a work project. If you can send me the link where I can find these documents or send me these
4 files that would be greatly appreciated.
Looking for
Zoning by-law amendment application
Planning Justification Report
Site Plan
Architectural/Elevation Drawings.
Thanks so much!
Marla Moore
Page 119 of 410
Eric Schneider
From:
R&L South
Sent:
Thursday, October 27, 2022 12:34 PM
To:
Eric Schneider
Cc:
Dave Schnider
Subject:
Notice of Application for Draft Approval at 3241 -3247 King Street East
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October 27, 2022
Hello Eric.
Thanks for returning my call so promptly about this new apartment/condos housing future development along King Street East on
the empty lots between the Cameo and Regency buildings.
It appears 3 units are planning to be built.. with 19, 23 and 24 Storeys high.
My husband and I recently moved to Fairview Towers, 3189 King Street East, after selling our home on Pandora.
We have been quite surprised by the traffic flow on King Street East, especially exiting from the underground parking on to King
Street.
These are the items I would like the City and Region to consider:
I understand a traffic study has been done, but I would like to suggest another one.
1. King Street East gets a lot of commuter traffic in the morning and again later in the date starting approx. 4:00
p.m. Although there is a turning lane, it is almost impossible to turn left towards Fairway Road. Many commuters prefer
not to be on busy Highway 8 and choose King Street East as their alternate. Also Fairway Road is so busy later in the day
and much traffic flows to King Street East from there.
2. There is a train track next to Heffner Motors and when the afternoon train runs traffic it backs up to River Road at times.
3. Elevate Condos: are currently being constructed (across from Revera's Briarfield Gardens retirement home). I believe there
are 3 condos going up there. That will increase traffic flow on King Street E again. I don't know if that was considered in past
traffic study.
4. Crosby Motors site: We understand that Crosby Motors is moving and that property is hoping to have apartments or
condos as well. If that gets approval, more traffic will affect King Street E.
5. Pedestrian Traffic: There are many families and seniors residing in apartments and condos on King Street East. It is almost
impossible to safely cross King Street E. due to current traffic, even when it's not rush hour(s).
6. Bus Stop (near Heffner's). I have seen many people using public transit trying to get across the street to access the bus
stop with young families. Perhaps more traffic lights or a "safe" crosswalk may be needed.
7. Access to Community Centre: There is a path and gate to access our Community Centre from King Street however, it's too
dangerous to cross the Street so people must go to Fairway Road to cross and back -track. It shouldn't be so dangerous to
access a City Community Centre.
8. Noise Levels: There are no noise barriers along Highway 8 to control the noise pollution from the expressway. It's also
impossible to comfortably enjoy the use of our balconies at Fairview Towers. More traffic on King Street would increase the
noise levels affecting residents along King Street. Is there anything that can be done about that?
9. Freeport Hospital: King Street East is a main road to access this hospital from Kitchener. King Street East should be easily
accessible to those needing to go to Freeport whether it's as a patient or visitor. There is also NO sidewalk on the left side
to easily navigate to Freeport. There is no safe way to cross King Street to the hospital as a pedestrian.
10. It is also NOT safe to ride a bicycle on King Street East. More bike lanes are being added across the cities as biking has
increased greatly over the past few years. Perhaps City s/b looking at adding lanes to King Street. Many like to go down to
the Grand and enjoy trails.
11. Air traffic: I know we have seen increased flights from Waterloo Region in this area. Have the future flight paths and
increased air travel with Flair Air and WestJet been taken into consideration. This new development on King Street East
seems to be higher than the other buildings.
Since King Street East is a Regional Road, I hope both the City and the Region will look at these concerns.
Page 120 of 410
Thank you,
Lori and Bob South
Kitchener, On
Q Virus-free.www.avg.com
Page 121 of 410
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