Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
DSD-2023-252 - Draft Plan of Condominium (Vacant Land) 30CDM-23202 - 630 and 690 Benninger Drive - Activa Holdings Inc.
Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 19, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: May 19, 2023 REPORT NO.: DSD -2023-252 SUBJECT: Draft Plan of Condominium (Vacant Land) 30CDM-23202 630 and 690 Benninger Drive Activa Holdings Inc. RECOMMENDATION: That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2005-170, as amended by By-law 2007-042, hereby grants draft approval to Condominium Application 30CDM-23202 for 630 and 690 Benninger Drive in the City of Kitchener, subject to the conditions as shown in Appendix "A". REPORT HIGHLIGHTS: The purpose of this report is to provide a planning recommendation to approve the proposed Vacant Land Condominium for the property located at 630 and 690 Benninger Drive. Community engagement for the Vacant Land Condominium included: o Circulation of a notice letter to owners of property within 240 metres of the subject property; o Staff received 1 neighbourhood response and corresponded directly with the member of the public; and, o Notice of the public meeting was advertised in The Record on May 26, 2023. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the property at 630 and 690 Benninger Drive is proposing to obtain draft approval for a 5 -unit Vacant Land Condo (VLC), four (4) of the units each comprising of residential stacked townhouses, and the fifth unit comprising of a commercial unit to allow for the phasing of construction. Staff is supportive of the proposed application that would allow the development of the subject site. BACKGROUND: The Owner, Activa Holdings Inc., has made application to the City of Kitchener for a Draft Plan of Vacant Land Condominium. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 350 rr 10+09 �! OW L'WRENTKM WI�ST n e,►.+�re ��i ty Figure 1: Location map The subject properties are an irregular-shaped through lot, with frontage onto Benninger Drive and Nathalie Street, and abuts Ottawa Street South. The subject properties are identified as `Community Area' on Map 2 — Urban Structure. The lands addressed 630 Benninger Drive are designated `Mixed Use' in the City's Official Plan and zoned `Mixed Use One Zone (MIX -1) with Special Use Provisions (27) and (69)' in Zoning By-law 2019-051. The lands addressed 690 Benninger Drive are designated `Low Rise Residential' in the City's Official Plan and zoned `Low Rise Residential Five Zone (RES -5) with Special Use Provisions (297), (301) and (303)' in Zoning By-law 2019-051. The proposed uses are permitted. The applicant has submitted Site Plan Applications (SP21/016/B/CD and SP21/016/B/CD) and they have received Full Site Plan Approval for residential stacked town developments, providing 305 stacked townhouse dwelling units with surface parking. At this time there has been no formal site plan application for the Commercial unit proposed. REPORT: The owner of the subject lands is proposing a vacant land condominium which will consist of a total of five (5) units. Four (4) of the units will each contain residential stacked townhouses, landscaped areas and surface parking. The 5t" unit will contain a commercial development. Internal drive aisles, walkways, landscaped areas, and below grade will make up the common elements. The owner has received Site Plan approval for Site Plan Applications SP21/016/B/CD and SP21/016/B/CD and building permits have been issued for a portion of the units which are currently under construction. The residential development consisting of 4 units to be developed with residential stacked townhouse dwellings, and 1 commercial unit is permitted on the lands as per the policies in the City's Official Plan and regulations in the City's Zoning By-law 2019-051. Page 5 of 350 The vacant land condominium application proposes to create Units 1 through 5 and a common element area as shown on the Vacant Land Condominium Plan (attached as Appendix "A"). The purpose of the vacant land condominium application is to permit the individual ownership (tenure) of each of the residential dwellings within the property. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. Housing related policies in the PPS encourage providing an appropriate range and mix of housing options and densities to meet projected market-based needs of current and future residents. The PPS also promotes directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to make efficient use of land. The proposed development is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services and which creates high quality public open spaces. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and targets in this Plan, as well as the other policies of this Plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Planning staff are of the opinion that the applications conform to the policies of the Growth Plan. Regional Official Plan (ROP), 2023: The subject site is located within the Urban Area and Designated Greenfield Area in the Regional Official Plan. Permitted uses of the Urban Area and Designated Greenfield 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.G.1.2 (Table 4) sets a minimum density target of 65 residents and jobs combined per gross hectare of land. This proposal would contribute additional housing to achieve the Designated Greenfield Area target. In addition, policy 2.G.1.2 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: Will ensure that new development taking place in designated greenfield areas will be planned, designated, zoned and designed to: • is serviced by a municipal water and wastewater system • promote a more compact built form by meeting or exceeding the minimum density targets set out in Table 4 • establish a street network with frequent connections and pathways to surrounding areas, a high degree of internal connectivity and adopt as complete streets approach that ensures the needs and safety of all road users are considered and appropriately accommodated. Page 6 of 350 Based on Staff review and comments from the Region of Waterloo, Staff is of the opinion that the application conforms to the Regional Official Plan. Official Plan The lands are designated Neighbourhood Node and Community Area within the City's urban structure. The planned function of Neighbourhood Nodes is to serve the day-to-day commercial needs of surrounding residential areas and are encouraged to be cycling and pedestrian friendly. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. The subject property is designated as `Mixed Use' and `Low Rise Residential' in the City's Official Plan (OP). Lands located within the Mixed-use designation in the Official Plan are intended to be flexible and responsive to land use pattern changes and demands and permit a broad range of uses at different scales and intensities depending on the lands' geographic location and identification at the urban structure level. As such, an appropriate and compatible mix and range of commercial, and residential uses, at different scales and intensities will be encouraged and supported within lands designated Mixed Use depending on their location within the City's Urban Structure. Lands located within the `Low Rise Residential' designation in the Official Plan are intended to accommodate a full range of low-density housing types which may include townhouse dwellings in a cluster development, and other forms of low-rise housing. The City's Official Plan contains policies that speak to provision of housing, including redevelopment: Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium, and vacant land condominium, as a means of increasing housing choice and diversity. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Department and Agency Comments: A copy of all comments received from the commenting agencies and City departments are attached as Appendix "C". There are no outstanding concerns with the proposed applications. Community Input and Staff Responses: Staff received 1 written response from a nearby resident (attached as Appendix "D"). The resident had questions about the commercial use on the property and the height of the residential units. Planning staff responded directly to the resident by email to answer their questions and concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the committee meeting. A notice of the public meeting was placed in the newspaper on May 26, 2023 (Appendix "B"). Page 7 of 350 CONSULT — The Application was circulated to property owners within 240 metres of the subject lands on March 22, 2023 as per Planning Act requirements. This report will be posted to the City's website with the agenda in advance of the committee meeting. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 2019-051 • Official Plan, 2014 • Regional Official Plan, 2023 (amended by ROPA 6) • Provincial Policy Statement, 2020 • Planning Act, 1990 • Growth Plan, 2020 • Site Plan Applications SP21/016/B/CD and SP21/016/B/CD REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Appendix "A" — Draft Aaaroval Conditions and Draft Plan of Condominium 30CDM-22203 Appendix "B" — Newspaper Notice Appendix "C" — Department and Agency Comments Appendix "D" — Neighbourhood Comments Appendix "E" -- Approved Site Plans: SP21/016/B/CD and SP21/016/B/CD Page 8 of 350 Appendix "A" DSD -2023-252 DRAFT PLAN OF CONDOMINIUM 30CDM-23202 630 & 690 Benninger Drive Activa Holdings Inc. RECOMMENDED CONDITIONS OF DRAFT APPROVAL That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2005-170 as amended by By-law 2007-042, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-23202 for 630 & 690 Benninger Drive in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-23202 owned by Activa Holdings Inc., dated March 1, 2023 proposing a Vacant Land Condominium Plan for 4.44 hectares of land comprised of 5 units and common elements. Unit 1: Commercial space Units 2-5: Residential units Common Elements: Internal drive aisle, walkway, landscape area, and below grade. 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: 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 4 vii), as outlined below, to the satisfaction of the City's Manager of Development Review. 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; Page 9 of 350 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; 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) That Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plan ning(a)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point. Page 10 of 350 vii) In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point. 5. That the Owner covenant and agree in writing to the City's Manager of Development Review to register a Condominium Declaration which shall include the approved provisions as required in condition 4 hereof. 6. That the Owner shall provide an undertaking that the new home purchasers will be advised in Offers of Purchase and Sale of the location of Centralized Mail Boxes. 7. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 8. That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: (a) to provide reference plan(s) showing the easements to Hydro, communication/ telecommunication companies, and the City, to the satisfaction of the City's Manager of Development Review; (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the City's Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (c) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the City, the Owner shall obtain prior written approval from the City's Manager of Development Review or, in the case of parkland, the City's General Manager of Development Services; and (d) to provide to the City's Manager of Development Review, a clearance letter from each of Hydro, Bell Canada and other pertaining communication/telecommunication companies. Such letter shall state that the respective utility company has received all required grants of easements, or alternatively, no easements are required. 9. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works as may be identified through the Site Plan process to the satisfaction of the City's Manager of Development Review. The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformity with the approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. Page 11 of 350 ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Manager of Development Review, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. That 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. 11. That prior to the initial registration, 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. In addition, where the shared servicing agreement is required: The Owner shall provide a written undertaking to cause the condominium corporation created by the initial registration to enter the same shared servicing agreement after said registration and have the agreement registered on title to the initial registration and proposed future phases, to the satisfaction of the City Solicitor. A solicitor shall provide an undertaking not to register the shared servicing agreement in any form other that the form approved by the City. 12. That the Applicant/Owner agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 13. 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; 14. That the Condominium Declaration be completed to the satisfaction of the Region of Waterloo and a copy forwarded to the Region prior to final approval of the condominium plan; 15. That 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 Page 12 of 350 Management Plan, all to the satisfaction of the Commissioner of Planning, Development and Legislative Services for the Regional Municipality of Waterloo. 16. 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. 17. 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 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." 18. 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 planninp(d)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. " iii. "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right- of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point." b. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which includes the above statements a) i., ii. and iii. Page 13 of 350 c. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. CLEARANCES: That prior to the signing of the final plan by the City's Manager of Development Review, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 18 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) & vii), and 12 through 17 have been satisfied. NOTES: The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality will apply to any future development on the site. 2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. Draft approval will be reviewed by the Manager of Development Review from time to time to determine whether draft approval should be maintained. 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Department of Planning, Development and Legislative Services and the City of Kitchener Development Services Department of any changes in ownership, agent, address and phone number. 4. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 96- 025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. 5. This draft plan was received on March 12, 2023 and deemed complete on March 17, 2023 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended as of that date. 6. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 7. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and we have received assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the Manager of Development Review signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration Page 14 of 350 The following is required for registration and under The Registry Act and for our use: Two (2) original mylar Five (5) white paper prints One (1) digital copy Page 15 of 350 i i i i i i i i i i i i i i -----� i i i i i i i i i i i i i i _____ 1 �_�__ __ _ � 1 � � T ���� i i �� i i �� NOTICE OF PUBLIC MEETING for a development in your neighbourhood 630 ft 690 Benninger Drive . R Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: June 19, 2023 i; Location: Council Chambers, I -- Kitchener City Hall 200 King Street West ,a orVirtual Zoom Meeting - 1 Go to kitchener.ca/meetings and select: • Current agendas and reports Proposed Condominium Plan (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more aboutthis project, including ,r1©� information on yourappeal rights,visit: A www.kitchener.ca/ in,m PlanningApplications NW P or contact: Tim Seyler, Planner vacant Land Mixed Condominium Use tim.seyler@kitchener.ca 519.741.2200 x7860 The City of Kitchener will consider an application proposing a Vacant Land Condominium (VLC) which will consist of 5 units, with 4 of the units for residential purposes and 1 unit for commercial use. A VLC is like a plan of subdivision except the road is privately -owned ratherthan publicly owned and lots are referred to as "units" in a VLC. 4 of the units will each contain residential townhoe units ad ttpe�unit will contain a commercial development. Internal drive aisle���rds p T ty area, walkways and below grade will make up the common elements. Region of Waterloo PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca File: D19-20/23202 May 19, 2023 Tim Seyler, MCIP, RPP Planner Community Services Department City Hall P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Dear Mr. Seyler: 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 Page 18 of 350 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 Page 19 of 350 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 Page 20 of 350 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 JMaanMiedema(d)-regionofwaterloo.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 Page 21 of 350 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 Page 22 of 350 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 Page 23 of 350 DEVELOPMENT SERVICES DEPARTMENT BUILDING DIVISION Robert Schipper, CBCO Manager of Building City Hall, P.O. Box 1118 200 King St. W., 51" Floor Kitchener, Ontario Canada, N2G 4G7 Phone: (519)741-2836 Fax: (519 741-2775 robert.schipper(cr�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 Page 24 of 350 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 Lenorel2o-a- Signature of Representative Page 25 of 350 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. Page 26 of 350 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. Page 27 of 350 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: Page 28 of 350 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 planninq(a-)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 (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 ning(a-)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. N. "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 By-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 Page 29 of 350 undersigned. Regards, a B Q H,cTSCHOO\" Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: brandon coveney(aa-)wrdsb.ca Page 30 of 350 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 (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 31 of 350 From: SHLLAKU Paul <Paul.Shllaku@hvdroone.com> Sent: Tuesday, March 28, 2023 9:07 AM To: Christine Kompter<Christine.Kompter@kitchener.ca> Subject: City of Kitchener -630 and 690 Benninger Drive-30CDM-23202 Hello, We are in receipt of your Plan of Condominium application, 30CDM-23202 dated March 22,2023. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' the Owner/Applicant should consult their 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. 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 MENV HELP SEARCH hydrone Customers Affected:. O >5000 © 501-5000 0 51-500 O 21-50 O —20 O Multiple 0 Crew — service Area Com] If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e- mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com Page 32 of 350 pili '! Montreal �(J p Ottaw � o .00 Fill t p o © oKawanhe 9rAlla aaa r ,L.kes � n Rurlr O!►�7� Ptterpgrau9h Kin ® • ceqdw.- Vratepl P'rvr� N ® P J @ram o Toronto _ o ars 4 Kitcae ississauga- a iltan \ Go gle t.� fi J o _) ochest®ns aai. T.— �r 1-1. If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e- mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com Page 32 of 350 From: Chris Foster -Pengelly <cfosterpengeIly@grandrive r.ca> Sent: Friday, March 24, 2023 3:10 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) Hi Tim, The subject lands are not regulated by the GRCA under Ontario Regulation 150/06. As such, we will not be providing comments. We trust that the City will ensure appropriate stormwater management for the site. Thank you, Chris Chris Foster -Pengelly, M.Sc. Office: 519-621-2763 ext. 2319 Toll-free: 1-866-900-4722 www.grandriver.ca I Connect with us on social media Page 33 of 350 From: circulations@wsp.com <circulations@wsp.com> Sent: Tuesday, March 28, 2023 1:43 PM To: Tim Seyler <Tim.Seyler@kitchener.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 plannineanddevelopment@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. Page 34 of 350 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: plannineanddevelopment@bell.ca Page 35 of 350 From: Natalie Nagy < Sent: Tuesday, April 4, 2023 3:26 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: File # 30CDM-23202 Hello, I recieved a notice for application for draft approval in the mail for 630 & 690 Benninger Drive. I just have a few questions in regards to these buildings I live at . Firstly, what will comprise of the unit that will be used for commercial use and secondly how tall will these units be. I'm concerned about them being taller then a house and blocking my sun at the front of the home. Thank you for sending this out! Natalie N From: Tim Seyler Sent: Wednesday, April 5, 2023 9:40 AM To: 'Natalie Nagy' <nataliebnagy@gmail.com> Subject: RE: File # 30CDM-23202 Hi Natalie, Thanks for the email. I've attached the site plans for the properties so that you can get more of a visual on what will be constructed. The units will be for different blocks of the stacked townhouses, and there will not be anything over approximately 3 storeys in height. The use is permitted in the zoning and the purpose of this application is to permit the individual ownership (the tenure) of each of the units. Each of the townhouse blocks will be in their own ownership then. A vacant land condo application is a bit different than a standard condo application and I'd be happy to give you more information or give you a call if you need more information. As for the commercial unit, at this time the City doesn't have any current site plan applications for that block, so we don't have any specifics on what type of commercial use it would be. A variety of commercial uses are permitted in that space including retail, restaurant, etc. Thanks, Tim Seyler, BES, MCIP, RPP Planner I Planning Division I City of Kitchener 519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca a'- '1 01 Jj ioa so O_F-M LZ ���iJ Page 36 of 350 PARKING NOTES: - PARKING FOR UNITS 1 AND 10 ARE PROVIDED IN THE FORM OF ONE DRIVEWAY PARKING SPACE AND ONE GARAGE PARKING SPACE PER UNIT - FOR THE PURPOSES OF THE ABOVE: ALL PARKING SPACES ARE 5.5M IN LENGTH, DRIVEWAY SPACES ARE 2.6M IN WIDTH AND GARAGE PARKING SPACES ARE 3.OM IN WIDTH -ELECTRIC VEHICLE PARKING SPACES PROVIDED - 52 (48 GARAGE, 4 SURFACE) 1 1 1 LOT III \10T121 FH H Q SOT s z Q U 7 gENNWGER DRNE 58 Sw1N Lot Width �I M ,ase roa II S�REE� Floor Space Ratio 6. NOTE: w� O ��pwP Front Yard - ALL ASPHALT AREAS �wosc neo wa„ TO BE DEFINED WITH Int. Side Yard 0.15M HIGH POURED Ext. Side Yard CONCRETE CURBING SITE STATISTICS -ALLAVAILABLESPACE = 23 593 BETWEEN THE STREET c=?2323E Zoning- R6 (612R, 663R, 665R) Parking Required- 120 spaces (1.5 spaces/unit) Ext. Side Yard AND BUILDING SHOULD 1139 Lot Area- 19,359ml Parking Provided- 154 spaces (Ottawa St) BE LANDSCAPED Building Coverage- 4,878m' (25.2%) Parking Space Minimum Dimensions- 2.6m x 5.5m Rear Yard Landscaped Area- 9,332ml (48.2%) Garage Space Minimum Dimensions- 3.Om x 5.5m Corner Lot — — — — 4.57m Daylight Visibility Triangle (DVT) Asphalt / Hard Surface Area- 5,149ml (26.6%) Number of Visitor Spaces Required - 12 Driveway Access (frc Ls Light Standard Barrier Free Spaces- 3-4 spaces (Type A - 2, Type B - 2) Height (max.) REVISED: SITE PLAN APPLICATION N SITE PLAN 0 5 10 20 SCALE 1:1,000 30 BLOCK 131, R.P. 58M-642 ACTIVA HOLDINGS INC. City of Kitel DEVELOPMENT SERVICES DEF BLOCK 131, STAGE 1 - 690 BENNINGER DR. DATE: JULY 19,2021 K:\8784CE-Activa-Trussl er-BI oc NATHALIE STREET NORTH SOUTH i — — — — 4.57m Daylight Visibility Triangle (DVT) Zoning- MIX -1 (Site Specif E Transformer Location 13213 Multiple DwellingRE GM Gas Meter Lot Width 15 m°• m°° m°° HM Hydro Meter Floor Space Ratio 0.( DS Double Stacked Meters 1 TS Triple Stacked Meters rniFront Yard . atr,ar.¢t� 1A (N z o° Int. Side Yard 1.; ALL ASPI ?oning- MIX -1 (Site Specific Provisions 27 and 69) �•►.� Ext. Side Yard 1.f m,= n MULTIPLE RESIDENTIAL BJocKK "6029 A=� 1.( DRIVEW/ BEINANF 3uilding Coverage- 9,443m2 (27.7%) Number of Units- 225 Orr aWq 3.( ALL AVAI M Number of Visitor Spaces- 25 required Rear Yard 7.! �.° (Ottawa St) Corner Lot 7.( Driveway Access Hi (from Nathalie St Intersectio Height (max.) Multiple Dwelling 14 3213 Towns 12 �. AI No. of Storeys 4 No. of AttachedUnits16 NORTH � PARKIN SOUTH S Residentia (1.0-1.3 sp Residentia (N z o° Int. Side Yard 1.; ALL ASPI ?oning- MIX -1 (Site Specific Provisions 27 and 69) �•►.� Ext. Side Yard 1.f m,= n MULTIPLE RESIDENTIAL BJocKK "6029 A=� 1.( DRIVEW/ BEINANF 3uilding Coverage- 9,443m2 (27.7%) Number of Units- 225 Orr aWq 3.( ALL AVAI M Number of Visitor Spaces- 25 required Rear Yard 7.! �.° (Ottawa St) Corner Lot 7.( Driveway Access (from Nathalie St Intersectio Height (max.) Multiple Dwelling 14 3213 Towns 12 NATNA"�E ORES No. of Storeys 4 No. of AttachedUnits16 NORTH � PARKIN SOUTH S Residentia (1.0-1.3 sp Residentia B�NGeg Electric Ve ° "°°p350.E (20% of rE " ' 2esVa28 22A Electric Ve 3 • —,. (22 garagE � �v 2a� I Parking Sr BlOCKO �' ., 8 BBOCK q ass 276 278 f Garage Sp NP o� Bicycle Pa Class A -1 Class B 273Ts' �� - .^£ 27 _andscaped 31TE STATISTICS o° �.°, aa- 2sa zsz_ �9 3 255= 6a 262 I 269 ALL ASPI ?oning- MIX -1 (Site Specific Provisions 27 and 69) �•►.� BLOCKJ257 259 261 263 • 26q_ 66 POURED C otArea- 34,042m= MULTIPLE RESIDENTIAL BJocKK "6029 A=� �° DRIVEW/ BEINANF 3uilding Coverage- 9,443m2 (27.7%) Number of Units- 225 Orr aWq ALL AVAI Area- 14 894m2 (43.8%) Number of Visitor Spaces- 25 required STREET Sp BUILDING Asphalt / Hard Surface Area- 9,705m2 (28.5%) Number of Barrier Free Spaces- 7 required, 7 provided (Type A- 3, Type B- 4) uTH 99 ,°29,28.E REVISED SITE PLAN APPLICATION N SITE PLAN -OVERALL o 5 , AUGUST 17, 2022 BLOCK 132, PLAN 58M-642 ACTIVA HOLDINGS INC. SCALE 1,750 City of Kitcl 630 BENNINGER DRIVE DATE JULY26,2021 DEVELOPMENT SERVICES DEP K iKRAnA NATHALIE STREET 128 Vault LOT 97 K:18784DA \\�4- P FH LOT J4 Z LOT 98 LIMIT of EASEMENT EF I Fc � INII—El W LOT 99 LOT 73 Nw �a.d.ail .gym cone ro IRE ROUTE LOT 72 1—CSW'US Fj TIRE ,', sign "r 7MIT —M—i/ n yr T 3.4 ®D C 1 8 CA 7 h LOT 100 LOT 71 149 152 _ � s �ooPPas, a aTu to a°1id1 o DST 2 1 rt� to PoTcd LOT 101 153-1,36145 0 148 0. mfo 5talrs — LOT7C Ed 141-144 U H dTa Vault on 02 3 0 73 1 Q 1 57-1 0 m a 3 �mee U Q W — LOT 69 161-.164 3 137-140 m Z LIT 1F1 6 E 1—E z Ds—ED M o "= < 12 12 133 136 z LOT H SEES ° 165168 ® ® �valo,Pa��R V/ m LOT 104 169-172 u 9 129-132 U o Y 5.5 ( — LOT 105 O 125-128 m LOT 173-176 U �aa M G LOT 106 o — 177 180 I 121-124 LOT 107 NOTE: LNDs�„ e' �> ° 117-120 — -ALL ASPHALT AREAS TO BE DEFINED WITH 181 184 ��a, Q – LOT 108 0.15M HIGH POURED CONCRETE CURBING smc -ALL AVAILABLE SPACE BETWEEN THE STREET 185.1 14 w �" o 09 n AND BUILDING SHOULD BE LANDSCAPED tM 1 13-1 16 w� ---- 4.57m Daylight Visibility Triangle (DVT) 189-192 Y 0 ss N 109-112 Q LOT110 Transformer Location U .1 3 � GM Gas Meter �ab.al 193-196 O m 3 0 MD—PED OT 111 HM Hydro Meter E 105-108 m DS Double Stacked Meters 197-200 ° FIT TS Triple Stacked Meters a 1 Ol -104 LANDSCAPED NORTH 2°' 204 �D a vv s =`ter— _ _ _ _ C NORTH Iha 205 208 FC FF ER REVISED SITE PLAN APPLICATION I� SITE PLAN- NORTH AUGUST 17, 2022 0 5 10 20 3o BLOCK 132, PLAN 58M-642 ACTIVA HOLDINGS INC. SCALE 1: 1,000 City of Kitcl 630 BENNINGER DRIVE DATE JULY 26, 2021 DEVELOPMENT SERVICES DEP K:18784DA ° ti Eo � 133-136 �� o12� a M � s G) 165 168 .P.12 ® - m j� 169-172 — °. e.e ( 129-132 � —67 0 _ 125-128 °' C•RES 173-176 v 3 m 1O„°6 ���� � O - 177180 - 121-124 °' 1-66 g 1°n 7 ° 181 184 185 188 60,6° 113-116 60,6, of zQ.m 5.5 - 109-112 6a X0,63 �O,62 189-192 193-196 O 105-108 m 197 200 Y 101 - 04 rLOTH ” 6°,,,- °„z °"°' r 60,,, NORTH 201 204L�5'5m �_ - - --,, z NORTH °, °, ,,6 ,, o� o 205 208 SOUTH SOUTH Amenityn� y Area L213-216m ' NINC'ER p[2N 0 %�5r.5H s g EN 221 224 ° ° ® 2 e� s 11 225-228 z 711 °�, . r e 285 287 .23 C7 229-232 ° 1P� 233236 dm 2� i= BLOCKN w o � w � O o A 5.5 H /ti oama �6� — 1 227 cis �ame wa "pb vEo s wry .sarcoma aa a m �e v= . ws � em 5.5 O Nei°sago^E � �„249 250- 252- 254- 251 2531 256- 255 258- 260- 262- 62- BLOC KJ 257 o 259 261 263 BLOCKK — — 4.57m Daylight Visibility Triangle (DVT) "e 029° E Transformer Location NOTE: ASPHALT AREAS TO BE DEFINED WITH 0.15M HIGH TT GM Gas Meter AW -ALL A STREET HM Hydro Meter POURED CONCRETE CURBING SOUTH = DS Double Stacked Meters -ALL AVAILABLE SPACE BETWEEN THE STREET AND n=92.919 TS Triple Stacked Meters BUILDING SHOULD BE LANDSCAPED REVISED SITE PLAN APPLICATION SITE PLAN - SOUTH 0 5 10 20 30 AUGUST 17, 2022 SCALE 1: 1,250 BLOCK 132, PLAN 58M-642 ACTIVA HOLDINGS INC. City of Kitcl DEVELOPMENT SERVICES DEF 630 BENNINGER DRIVE DATE JULY 26, 2021 K:18784DA