HomeMy WebLinkAboutPSIC - 2023-06-19 - Item 4.1 - Appendix C - Department and Agency CommentsTim Seyler, MCIP, RPP
Planner
Community Services Department
City Hall P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Dear Mr. Seyler:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www.regionofwaterloo.ca
File: D19-20/23202
May 19, 2023
Post Circulation Comments
Plan of Vacant Land Condominium 30CDM-23202
Activa Holdings Inc.
630 and 690 Benninger Drive
CITY OF KITCHENER
Regional staff has reviewed the above noted application and provide the following
comments at this time. The applicant is proposing a vacant land condominium which
will consist of 5 units representing each with common element areas. Total 304
residential units.
• Unit 1 — 0.213ha, Commercial space
• Unit 2 — 1.295ha, 136 residential units
• Unit 3 — 1.080ha, 76 residential units
• Unit 4 — 0.14ha, 12 residential units
• Unit 5 — 1.716ha - 80 residential units
Internal drive aisles, landscaped amenity area, and walkways will make up the common
elements. This property has approved site plans SP21/016/B/CD & SP21/017/B/CD
which are currently under construction.
The lands form part of Stage 1 of Plan of Subdivision 30T-08204 (Activa Trussler) which
subsequently registered in 2019 as Blks 131 and 132, 58M-642. Most Region
requirements were addressed as part of this process and/or secured through a Region
Document Number: 4387902 Version: 1
Page 1 of 6
development agreement with the Developer at that time; and as part of the site plan
applications.
Noise Study
Pursuant to a registered agreement with the Region (WR1168317, February 8, 2019) the
applicant has completed a road traffic noise and stationary noise (both on-site & off-site)
study entitled, "Block 131 and 132 Trussler Subdivision Noise Impact Study Proposed
Development at Ottawa Street South and Trussler Road, Kitchener, ON" (Stantec
Consulting, December 11, 2020). A copy of the study and the Region's acceptance letter
dated February 14, 2022 are attached for your reference.
Regarding road traffic noise, the study has concluded certain units will require provision
for air conditioning and noise warning clauses. These have been identified in Tables 5-1
and 5-2 and Figure 2 of the noise study. With respect to stationary noise, the study
indicated detail design of the commercial component (Unit 1) of the development has not
yet been determined, and that a future noise study will be required if determined
necessary.
The study recommendations will need to be secured in a further registered agreement
with the Region, and included in the condominium declaration. These have been set out
in conditions of draft approval set out below.
Salt Management Plan
Pursuant to the Region agreement noted above, the applicant submitted a salt
management plan for this site entitled, "Trussler North Subdivision, Kitchener, Ontario,
Blocks 129, 130, 131 and 132, Salt Management Plan" (Stantec, November 19, 2021)
and a response to Region Comments on the SMP (Stantec, April 11, 2022). The
response letter addresses catch basins and impermeable clay liners under each snow
storage area, extending 1 m beyond the snow storage area limits.
Submission of a revised salt management plan for this current condominium application
will be required (i.e., for Blocks 131 and 132) to address the Region's additional
comments identified in an email from Heather McLeod, P. Geo., Hydrogeologist dated
April 13, 2022 (3:18 pm). Implementation of the revised SMP must be secured in a further
agreement with the Region and by way of the condominium declaration. These
requirements can be included as conditions of draft approval.
Housing
General
The following Regional policies and initiatives support the development and
maintenance of affordable housing:
• Regional Strategic Plan
Document Number: 4387902 Version: 1
Page 2 of 6
o Objective 4.2 requires the Region to make affordable housing more available
to individuals and families.
10 -Year Housing and Homelessness Plan
o contains an affordable housing target which is that 30% of all new residential
development between 2019 and 2041 in Waterloo Region is to be affordable
to low and moderate income households.
• Building Better Futures Framework
o shows how the Region plans to create 2,500 units of housing affordable to
people with low to moderate incomes by 2025.
Region of Waterloo Official Plan
o Section 3.A (Range and Mix of Housing) contains land use policies that
ensure the provision of a full and diverse range and mix of permanent
housing that is safe, affordable, of adequate size, and meets the accessibility
requirements of all residents.
The Region supports the provision of a full range of housing options, including
affordable housing. Should this plan of condominium application move forward, staff
recommend that the applicant consider providing a number of affordable housing units
on the site, as defined in the Regional Official Plan. Rent levels and house prices that
are considered affordable according to the Regional Official Plan are provided below in
the section on affordability.
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.
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).
Document Number: 4387902 Version: 1
Page 3 of 6
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $385,500.
For the purposes of evaluating the affordability of a rental unit, based on the definition of
affordable housing in the Regional Official Plan, the average rent is compared to the
least expensive of:
A unit for which the rent does not exceed
30 per cent of the gross annual
$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.
Please do not hesitate to contact Judy Maan Miedema, Principal Planner (Housing &
Development) directly by email at JlMaanl d irn re�iionofwateirlloo..ca should you
have any questions or wish to discuss in more detail.
Regional Development Charges
The Owner/Applicant should also be advised that any future development on the subject
lands will be subject to provisions of Regional Development Charge By-law 19-037 or any
successor thereof.
Region Application Fee
The Region's fee for this condominium application is $3,150.00 plus $100.00 per unit to
a maximum of $6,150.00. For is application, the fee is $6,150.00. To Regional staff's
knowledge, this fee is outstanding and must be paid prior to draft approval.
Regional staff has no objection to draft approval of Plan of Condominium 30CDM-23202
subject to receipt of the required application fee noted above, and the following
conditions of Draft Approval set out below.
Document Number: 4387902 Version: 1
Page 4 of 6
Conditions of Draft Approval
1) That the Owner/Applicant agrees to stage development of this condominium in a
manner satisfactory to the Region of Waterloo and the City of Kitchener,
including any easements or other requirements as a result of staging;
2) That the development agreement (if necessary) be registered by the City of
Kitchener against the land to which it applies and a copy of the registered
agreement be forwarded to the Commissioner of Planning, Development and
Legislative Services for the Regional Municipality of Waterloo prior to final approval
of the condominium plan;
3) That the Condominium Declaration be completed to the satisfaction of the Region
of Waterloo and a copy forwarded to the Region prior to final approval of the
condominium plan;
4) That prior to final approval, the Owner/Applicant submit a Salt Management Plan
to the satisfaction of the Region. Furthermore, the Owner/Applicant must enter
into a registered development agreement with the Regional Municipality of
Waterloo to secure implementation of the accepted Salt Management Plan, and to
make provisions through the Condominium Declaration for the implementation of
the recommendations of the Salt Management Plan, all to the satisfaction of the
Commissioner of Planning, Development and Legislative Services for the Regional
Municipality of Waterloo.
5) That prior to final approval, the Owner/Applicant enter into a registered
development agreement with the Regional Municipality of Waterloo to secure
implementation of the accepted noise study entitled, "Block 131 and 132 Trussler
Subdivision Noise Impact Study Proposed Development at Ottawa Street South
and Trussler Road, Kitchener, ON" (Stantec Consulting, December 11, 2020), all
to the satisfaction of the Commissioner of Planning, Development and Legislative
Services for the Regional Municipality of Waterloo;
Notwithstanding the above, the agreement must include a provision to complete
a detailed stationary noise study for commercial Unit 1 prior to site plan approval.
6) That the Owner/Applicant include provisions through the Condominium
Declaration for the implementation of the recommendations of the noise study
entitled "Block 131 and 132 Trussler Subdivision Noise Impact Study Proposed
Development at Ottawa Street South and Trussler Road, Kitchener, ON" (Stantec
Consulting, December 11, 2020). Without limiting the foregoing, the Declaration
must include the following provision related to the installation of mechanical
equipment (e.g., HVAC systems) as it applies to Unit 1,
"That commercial Unit 1 is to contain sufficiently sized mechanical and silencing
Document Number: 4387902 Version: 1
Page 5 of 6
equipment so as not to exceed the Ministry of the Environment and Climate
Change's sound level limits at the closest noise -sensitive receptor, in accordance
with NPC -300 Guideline or its successor."
All the above, to the satisfaction of the Commissioner of Planning, Development
and Legislative Services for the Regional Municipality of Waterloo.
Should you have any questions, please do not hesitate to contact the undersigned.
Yours truly,
Shilling Yip, MCIP, RPP
Senior Planner
cc. Pierre Chauvin / Rachel Wolff, MHBC Planning
Attachments.
Document Number: 4387902 Version: 1
Page 6 of 6
DEVELOPMENT SERVICES DEPARTMENT
BUILDING DIVISION
Robert Schipper, CBCO
Manager of Building
City Hall, P.O. Box 1118
200 King St. W., 5t" Floor
Kitchener, Ontario
Canada, N2G 4G7
Phone: (519)741-2836
Fax: (519 741-2775
robert.schipper(ab-kitchener.ca
March 23, 2023
Attn: Activa Holdings
Subject: Vacant land Condominium application 30CDM-23202 for 630 & 690 Benninger Dr.,
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. Tim Seyler
Condominium Circulation Response Form
Notice for Application for Draft Approval - Plan of Condominium (Vacant Land)
File Number: 30CDM-23202
Location: 630 & 690 Benninger Drive
Owner: Activa Holdings Inc.
Cross Reference: Site Plan Application: SP21/016/B/CD & SP21/017/B/CD
No Concerns, no requirements
Parkland Dedication has been satisfied through Kitchener Draft Agreement (KDA)
30T-08204 (58M-642 and 58M-643). Street trees have also been accommodated
through the subdivision.
Parks & Cemeteries
Department/Agency
April 13 2023
Date
Land -re/ 1Zas-s/
Signature of Representative
City of Kitchener
Draft Plan of Condominium Comments
Project Address: 630 & 690 Benninger Drive
File Number: 30CDM-23202
Site Plan Application: SP21/016/B/CD & SP21/017/B/CD
Comments Of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: March 22, 2023
630 & 690 Benninger Drive
a. Plan is acceptable.
Planner/Staff on File: Tim Seyler
From: Niall Melanson, C.E.T., 519-741-2200 x 7133
Subject: Site Address: 630-690 Benninger Drive
Owner: Activa Holdings Inc.
Type of Application:
❑ Site Plan ❑ Zone Change ❑ Official Plan Amendment
® Plan of Condominium (Vacant Land)
d. Engineering Comments
Vacant Land Condo Comments:
1. A servicing plans for SP21/016/B/CD and SP21/017/B/CD have been accepted by
Engineering.
2. The proposed services throughout the property, including storm and sanitary sewers,
watermain, and stormwater infrastructure, must be within the "common element" in the
declaration and reference plan or located in easements in the reference plan, and be
registered on title to the properties, in favour of the condo board regardless of depth or
location allowing the condo board maintenance access. The declaration and or reference
plan must be reviewed and approved to the satisfaction of the Engineering Division prior
to condo registration.
April 18, 2023
Re: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-23202 (630 & 690
Benninger Drive)
File No.: 30CDM-23202
Municipality: Kitchener
Location: 630 & 690 Benninger Drive
Owner/Applicant:
Hi Tim,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application
that proposes the development of vacant land condominium blocks containing 304 residential
units. The WRDSB offers the following comments.
Student Accommodation
At this time, the subject lands are within the boundaries of the following WRDSB schools:
• Southridge PS (Junior Kindergarten to Grade 6);
• Queensmount PS (Grade 7 to Grade 8); and
• Forest Heights Cl (Grade 9 to Grade 12).
Please be advised that student accommodation pressures currently exist at Southridge PS and
Forest Heights Cl. The WRDSB's 2020-2030 Long -Term Accommodation Plan projects long-
term over -utilization at these facilities. Interim student accommodation measures, including
portable classrooms, are presently on-site and may be required until an alternative
accommodation solution is in place. The WRDSB has designated this subject property and the
adjacent lands as a "Development Area" and have assigned it to temporary Holding Schools
before occupancy or sales in order to alleviate development growth related pressure at the
originally assigned 'home schools'.
Student Transportation
The WRDSB supports active transportation, and we ask that pedestrians be considered in the
review of all development applications to ensure the enhancement of safety and connectivity.
WRDSB staff are interested in engaging in a conversation with the municipality and Region, and
applicant to review the optimization of pedestrian access to public transit, and municipal
sidewalks so students may access school bus pick-up points.
Please be advised, Student Transportation Services of Waterloo Region (STSWR)'s school
buses will not travel on privately owned or maintained rights-of-way to pick-up/drop-off students.
Transported students will be required to meet the bus at a congregated bus pick-up point.
STSWR may have additional comments about student pick-up point(s) placement on municipal
rights-of-way.
WRDSB Draft Conditions
Concerning any future declaration or agreement, the WRDSB requests the following inclusions
in 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:
o. "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 planningCZDwrdsb.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 (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"
2. That the Owner/Developer enters into an agreement with the City of Kitchener to be
registered on the title to the Property that provides:
a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or
a home to be completed on the Property must contain the wording set out below to advise all
purchasers of residential units and/or renters of same."
i. "Despite the best efforts of the Waterloo Region District School Board (WRDSB),
accommodation in nearby facilities may not be available for all anticipated students. You are
hereby notified that students may be accommodated in temporary facilities and/or bussed to a
school outside the area, and further, that students may, in future, be transferred to another
school."
ii. For information on which schools are currently serving this area, contact the WRDSB
Planning Department at 519-570-0003 ext. 4419, or email plan ning0bMrdsb.ca. Information
provided by any other source cannot be guaranteed to reflect current school assignment
information.
iii. "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"
3. That in cases where Agreements of Purchase and Sale have already been executed, the
Owner/Developer sends a letter to all purchasers which include the above statements.
4. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's
expense and according to the WRDSB's specifications), near or affixed to the development
sign, advising prospective residents about schools in the area and that prior to final approval,
the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB.
5. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above
condition(s) has/have been satisfied.
Education Development Charges
Please be advised that any development on the subject lands is subject to the provisions of the
WRDSB's Education Development Charges BV -law, 2021, amended in 2022 or any successor
thereof and may require the payment of Education Development Charges for these
developments prior to issuance of a building permit.
The WRDSB requests to be circulated on any subsequent submissions on the subject lands and
reserves the right to comment further on this application.
If you have any questions about the comments provided, don't hesitate to contact the
undersigned.
Regards,
Brandon j
Ser liior III°''Illainineui°
Waterloo Region District School Board
51 Ardelt Avenue, Kitchener ON, N2C 2R5
Email: brandon coven ey aawrdsb.ca
From: Planning <planning@wcdsb.ca>
Sent: Wednesday, April 19, 2023 12:03 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-23202 (630 &
690 Benninger Drive)
Good Afternoon Tim,
The Waterloo Catholic District School Board has reviewed the subject application and based on our
development circulation criteria have the following comment(s)/condition(s):
A) That any Education Development Charges shall be collected prior to the issuance of a building
permit(s).
B) That the developer and the Waterloo Catholic District School Board reach an agreement
regarding the supply and erection of a sign (at the developer's expense and according to the
Board's specifications) affixed to the development sign advising prospective residents about
schools in the area.
C) That the developer shall include the following wording in the condominium declaration to
advise all purchasers of residential units and/or renters of same:
"In order to limit risks, public school buses contracted by Student Transportation Services
of Waterloo Region (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."
If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
From: SHLLAKU Paul <Paul.Shllaku@hvdroone.com>
Sent: Tuesday, March 28, 2023 9:07 AM
To: Christine Kompter <Christine. Kom pter@ kitchener.ca>
Subject: City of Kitchener -630 and 690 Benninger Drive-30CDM-23202
EM
We are in receipt of your Plan of Condominium application, 30CDM-23202 dated March 22,2023. We
time. Our preliminary review considers issues affecting Hydro One's"High Voltage Facilities and
Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities' the Owner/Applicant should consult th
local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must
contact the Hydro subdivision group at Subdivision@ HydroOne.com or 1-866-272-3330. 1
To confirm if Hydro One is your local distributor please follow the following link:
http://www.hydroone.com/StormCenter3
Please select " Search" and locate address in question by entering the address or by zooming in and out
of the map
MENU "E,p SLAIRCR
Customers Affected: 0 >5000 (I ) 501-5000 0 51-5500 0 2'0-50 0 —20 0 Mijftoe () Crew — Service Area f4
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (90S)946-6237
Email: Dennis.DeRango@HydroOne.com
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Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (90S)946-6237
Email: Dennis.DeRango@HydroOne.com
From: Chris Foster -Pengelly xcfosterpengeUy@grandhverza>
Sent: Friday, March Z4,20233:10PK4
To: Tim Sey|er<Tim.Sey|er@kitchener.ca>
Subject: RE: Circulation for Comment Draft Plan ufVacant Land Condominium 30CDM'23J02(630/&
69OBenninger Drive)
The subject lands are not regulated by the GRCAunder Ontario Regulation 15Q/O6.Assuch, vvewill not
be providing comments. We trust that the City will ensure appropriate stormwater management for the
Chiris 111:::�osteir Ill2eingelly,���Sc..
Office: 519-621-2763 ext. 2319
Toll-free: 1-806-900-4722
From: circulations@wsp.com <circulations@wsp.com>
Sent: Tuesday, March 28, 2023 1:43 PM
To: Tim Seyler <Tim.Seyler@kitchen er.ca>
Subject: Draft Plan of Condominium (30CDM-23202), 639 & 690 Benninger Dr., Kitchener
2023-03-28
Tim Seyler
Kitchener
/ /
Attention: Tim Seyler
Re: Draft Plan of Condominium (30CDM-23202), 639 & 690 Benninger Dr., Kitchener; Your File No.
30CDM-23202
To Whom this May Concern,
We have reviewed the circulation regarding the above noted application. The following paragraphs are
to be included as a condition of approval:
"The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada
to service this new development. The Owner further agrees and acknowledges to convey such
easements at no cost to Bell Canada.
The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and
valid easement exists within the subject area, the Owner shall be responsible for the relocation of any
such facilities or easements at their own cost."
Upon receipt of this comment letter, the Owner is to provide Bell Canada with servicing plans/CUP at
their earliest convenience to planninganddevelopment@bell.ca to confirm the provision of
communication/telecommunication infrastructure needed to service the development.
It shall be noted that it is the responsibility of the Owner to provide entrance/service duct(s) from Bell
Canada's existing network infrastructure to service this development. In the event that no such network
infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the
extension of such network infrastructure.
If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide
service to this development.
To ensure that we are able to continue to actively participate in the planning process and provide
detailed provisioning comments, we note that we would be pleased to receive circulations on all
applications received by the Municipality and/or recirculations.
We note that WSP operates Bell Canada's development tracking system, which includes the intake and
processing of municipal circulations. However, all responses to circulations and requests for
information, such as requests for clearance, will come directly from Bell Canada, and not from WSP.
WSP is not responsible for the provision of comments or other responses.
Should you have any questions, please contact the undersigned.
Yours truly,
Juan Corvalan
Senior Manager - Municipal Liaison
Email: planninganddevelopment@bell.ca