Loading...
HomeMy WebLinkAboutDSD-2024-314 - Draft Plan of Condominium Application (Vacant Land) - 30CDM-24209 - 1198 Fischer Hallman Road, 1274 Bleams Road and 264 Erinbrook Drive - Deerfield Homes Ltd.Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals 519-741-2200 ext. 7070 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: Ward 6 DATE OF REPORT: July 19, 2024 REPORT NO.: DSD -2024-314 SUBJECT: Draft Plan of Condominium Application (Vacant Land) 30CDM-24209 1198 Fischer Hallman Road, 1274 Bleams Road and 264 Erinbrook Drive Deerfield Homes Ltd. 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 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24209 for 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive, in the City of Kitchener, subject to the conditions as shown in Attachment `A'. REPORT HIGHLIGHTS: The purpose of this report is to provide a planning recommendation to draft approve the proposed Vacant Land Condominium (VLC) for the property located at 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive. Community engagement for the VLC Application included: o Circulation of a postcard notice to owners of properties within 120 metres of the subject property on May 6, 2024 and newspaper advertisement on May 10, 2024; o Staff received responses from 3 community members and corresponded directly with these members; and, o Notice of the public meeting was advertised in The Record on July 19, 2024 and a notification email regarding the public meeting was sent to everyone that provided written comments. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 56 of 295 EXECUTIVE SUMMARY: The owner of the property addressed as 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive is requesting draft approval of a Vacant Land Condominium consisting of 15 Units. The 15 Units would be created for residential use and would define the extent of the elements that are common to the entirety of the subject lands. These common elements include, private roads, common amenity area, stormwater management facility, and underground services. The Exclusive Use Areas, include parking spaces that are for the exclusive use of the residential dwelling units within Units 8-13. Development and Housing Approvals staff recommends approval. BACKGROUND: The owner of the subject lands, Deerfield Homes Ltd., has made application to the City of Kitchener for a Draft Plan of Vacant Land Condominium (VLC). 4t1D TARA CRSS E � NBROOK DR Figure 1: Location map Ro V- Z� O F7 The subject lands are addressed as 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive and are located near the intersection of Fischer Hallman Road and Bleams Road, in the Rosenberg Planning Community. The subject lands have an area of 3.6 hectares (8.9 acres) with approximately 148.3 metres of frontage on Fischer Hallman Road and 119.9 metres of frontage on Bleams Road. The subject lands have been the subject of several Planning Act applications, including: Page 57 of 295 sc q 2 TARA CRSS E � NBROOK DR Figure 1: Location map Ro V- Z� O F7 The subject lands are addressed as 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive and are located near the intersection of Fischer Hallman Road and Bleams Road, in the Rosenberg Planning Community. The subject lands have an area of 3.6 hectares (8.9 acres) with approximately 148.3 metres of frontage on Fischer Hallman Road and 119.9 metres of frontage on Bleams Road. The subject lands have been the subject of several Planning Act applications, including: Page 57 of 295 1. Site Plan Application SP23/006/F/AP, which was conditionally approved on March 28, 2023. The Site Plan shows 7 blocks of street townhouse units (42 units), 6 blocks of stacked townhouse units (96 units), a future development area (for multiple residential development), a large common amenity area, stormwater management facility, and surface parking. 2. Minor Variance Application A2023-067, which was approved on June 20, 2023. The approval grants zoning relief to permit a building height of 15.0 metres, rather than the required 10.5 metres, to facilitate the above noted Site Plan Application. 3. Official Plan Amendment Application OPA23/014/F/TS and Zoning By-law Amendment Application ZBA23/024/F/TS, were approved and came into full force and effect on January 24, 2024. The amendments applied only to the `Future Development Area' shown on the Site Plan, being that portion of the lands closest to and parallel with Fisher Hallman Road. The amendments changed the Official Plan designation from `Mixed Use Two' to `Mixed Use Two with Special Policy Area 6' in the Official Plan, and changed the zoning from `Residential Six (R-6) Zone' in Zoning By-law 85-1 to `High Intensity Mixed Use Corridor Zone (MU -3) Zone' with Special Regulation Provision 806R and Holding Provision 111 H to permit a mixed use development, an increase in floor space ratio, an increase in building height, a reduced setback to the abutting residential zone, a reduced street line stepback, and a parking reduction to 0.8 parking spaces per dwelling unit. The purpose of Holding Provision 111 H is to require an updated Noise Study. REPORT: Deerfield Homes Ltd. is requesting draft approval of a Vacant Land Condominium (VLC). A VLC is similar to a plan of subdivision except that internal roadways are privately -owned, rather than publicly owned, and lots / blocks are referred to as "units" in a VLC. The purpose of the proposed VLC is to begin to arrange the condominium framework for a proposed two -phased development. The first phase is subject to Site Plan Application SP23/006/F/AP (conditionally approved) and includes 138 dwelling units in the form of street townhouses (42 units) and stacked townhouses (96 units), as well as common features (e.g., amenity area, stormwater management facility). The second phase (not yet subject to a Site Plan Application for development) includes an additional 373 dwelling units in the form of two apartment towers on a shared podium, surface retail/visitor parking, and 1,086 m2 of commercial space. The proposed VLC would create 15 Units for residential use and would define the extent of the elements that are common to the entirety of the subject lands. These common elements include, for example, private roads, a common amenity area, a stormwater management facility, and underground services. The Exclusive Use Areas, include parking spaces that are for the exclusive use of the residential dwelling units within Units 8-13. The VLC is proposed in a single registration stage. In the future, the owner intends to apply for two phased standard condominiums with their respective boundaries matching the Site Plan phases. These future applications would further refine the condominium framework for the subject lands. Page 58 of 295 The proposed Vacant Land Condominium is consistent with conditionally -approved Site Plan Application SP23/006/F/AP (see Attachment `B'), conforms to the City's Official Plan and complies with Zoning By-law 85-1 (subject to approved Minor Variances). The VLC Draft Plan is attached as Attachment `A'. 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 VLC 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 is of the opinion that the subject application conforms to the policies of the Growth Plan. Regional Official Plan (ROP) 2023: The subject lands are designated Urban Area and Designated Greenfield Area on Map 2 of the Regional Official Plan (ROP). While the ROP directs most of the region's growth to Delineated Bulit-Up Areas, new development is also directed to Designated Greenfield Areas. In accordance with the ROP: New greenfield communities will be compact and efficient to meet the vision and objectives of this Plan. They will be designed as 15 -minute neigbourhoods that enable people to live car -free or "car -lite" (i.e., households with fewer vehicles than workers) by offering convenient access to a diverse mix of jobs, housing, schools, cultural, and recreational opportunities, and local shops and food destinations. They also provide access to high quality, pedestrian accessible open spaces, parks and greenspaces to all members of the community in an inclusive and equitable way. Page 59 of 295 Permitted uses of the Designated Greenfield Area include a broad range of land uses where people can meet their daily needs for goods, services and employment. 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. Rosenberg Secondary Plan and 2014 City of Kitchener Official Plan The City's Official Plan establishes an urban structure and provides policies for directing growth and development and allocating land use. In this case, the subject lands are identified both within the Rosenberg Secondary Plan and within the 2014 City of Kitchener Official Plan. The subject lands are located within the City's Designated Greenfield Area and are identified as Urban Corridor on Map 2 — Urban Structure of the City's 2014 Official Plan. Moreover, Map 22a of the Rosenberg Secondary Plan establishes an area -specific Community Structure and identifies the subject lands as Corridor. Corridors (and Nodes) are intended to provide a balanced distribution of commercial, office, institutional and multiple residential uses. Accordingly, land use designations within the Fischer Hallman Corridor are planned to provide for a range of uses. Specifically, the planned function of the Fischer Hallman Corridor is to provide for compact and intensive development along a transit corridor. With respect to land use, the subject lands are split -designated on Map 22e (Land Use) of the Rosenberg Secondary Plan, generally as follows: • The lands fronting Fischer Hallman Road are primarily designated Mixed Use Two with Special Policy Area 6. This site-specific land use designation allows for a range of commercial and office uses along with multiple residential uses to a maximum Floor Space Ratio (FSR) of 6.3 and a building height of 22 storeys (75 metres). • The lands abutting Rockwood Drive and abutting the dwellings fronting onto Tamvale Crescent are designated Low Density Residential One. This designation allows for low density residential uses, including street townhouse dwellings. • The lands on the interior of the site are designated Medium Density Residential One. This designation allows for a range of medium density housing types including townhouse and multiple dwellings with a maximum Floor Space Ratio of 1.0 and building heights generally ranging between 3-8 storeys. Development and Housing Approvals staff is of the opinion that the application conforms to the Rosenberg Secondary Plan and 2014 Official Plan. Department and Agency Comments: A copy of all comments received from the commenting agencies and City departments is attached as Attachment `D'. There are no outstanding concerns with the proposed application. Various agencies have requested conditions, which have been incorporated into the draft approval conditions (see Attachment `A'). Page 60 of 295 Community Input and Staff Responses: Staff received 3 written responses from community members (see Attachment `E'). Residents asked questions pertaining to retaining walls and property boundaries abutting the properties that front onto Tamvale Crescent. There were also questions about traffic studies that were completed for previous applications. One resident expressed concerns over building heights, privacy, and construction impacts. Another resident expressed concerns about transportation movements in the area resulting from an increase in development and population. Staff responded to the residents by email and by phone to answer questions and respond to concerns. Staff explained that only the tenure is being considered through the subject application; building height, privacy, and traffic were considered though previous applications. Changes to the built form, unit count, Official Plan designation or zoning cannot be made through the subject application. In the case of transportation -related questions, Development and Housing Approvals staff forwarded the inquiry to the Region and City Transportation Services staff for response and they have advised that they do not have any 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 was posted to the City's website with the agenda in advance of the committee meeting. Notice of the application was published in The Record on May 10, 2024 and a notice of the public meeting was placed in The Record on July 19, 2024 (Attachment `C'). CONSULT — The application was circulated for comment to property owners within 120 metres of the subject lands on May 6, 2024. PREVIOUS REPORTS/AUTHORITIES: • DSD -2023-429 regarding Official Plan Amendment Application OPA23/014/F/TS and Zoning By-law Amendment Application ZBA23/024/F/TS. • DSD -2023-409 regarding Private Street Naming. • Conditional Approval Letter, dated March 28, 2023, regarding Site Plan Application SP23/006/F/AP. • DSD -2023-279 regarding Minor Variance Application A2023-067. • KDA Report 23-04 regarding Demolition Control Application DC23/001/F/TZ. • Planning Act R.S.O. 1990 • Provincial Policy Statement, 2020 • Growth Plan, 2020 • Rosenberg Secondary Plan • Official Plan, 2014 • Zoning By-law 85-1 Page 61 of 295 REVIEWED BY: Tina Malone -Wright —Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Garett Stevenson, Director of Development and Housing Approvals ATTACHMENTS: Attachment `A' — Draft Approval Conditions & Draft Plan of Condominium 30CDM-24209 (2 Drawings) Attachment `B' — Conditionally -Approved Site Plan Drawing SP23/006/F/AP Attachment `C' — Newspaper Notice Attachment `D' — Department and Agency Comments Attachment `E' — Community Comments Page 62 of 295 Attachment `A' Report DSD -2024-314 DRAFT PLAN OF CONDOMINIUM 30CDM-24209 1198 FISCHER HALLMAN ROAD, 1274 BLEAMS ROAD, 264 ERINBROOK DRIVE DEERFIELD HOMES LTD. 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 2023-103, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-24209 for the property municipally known as 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive, in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-24209 owned by Deerfield Homes Ltd., dated July 16, 2024, proposing a Vacant Land Condominium Plan for 3.611 hectares of land comprised of 15 units, common elements, and exclusive use areas. Units 1-15: Residential Use (e.g., all future dwellings, certain parking spaces, certain walkways and portions thereof, certain landscaped areas, deep well garbage / recycling units, bicycle parking facilities). Common Elements: Lands 1 foot below grade (e.g., servicing and utilities), common amenity area, stormwater management facility, internal drive aisles, certain walkways and portions thereof, certain landscaped areas. Exclusive Use Areas: Certain parking spaces, and portions of immediately abutting walkways and deep well garbage / recycling units. 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 Director of Development and Housing Approvals. 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 Director of Development and Housing Approvals 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 Director of Development and Housing Approvals 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 Director of Development and Housing Approvals. Page 63 of 295 ii) That the condominium corporation agrees to maintain the subject lands in compliance with approved Site Plan. iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation; iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. V) Provisions that identify if the approved condominium plan is to be phased pursuant to the Act that ensure that: a. the lands in the registered condominium plan created by the registration of the Declaration and Description have either direct access or access pursuant to one or more easements satisfactory to the City's Director of Development and Housing Approvals 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 Director 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 Director of Development and Housing Approvals 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 Director 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 Director of Development and Housing Approvals 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 Director and Commissioner. d. the City's Director of Development and Housing Approvals 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) 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 - Page 64 of 295 3 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. 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 Director of Development and Housing Approvals 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 Community 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: i) For any of such easements which are not blanket easements, the Owner shall provide drafts of any required reference plan(s) showing the proposed easement(s) location to the City's Director Development & Housing Approvals prior to the registration. Such easement(s) and reference plan(s) must be circulated for comment to Enova Power Corp., any telecommunication companies, and the City's Director of Engineering Services to ensure that there are no conflicts between the desired locations for utility and municipal easements. ii) if utility easement locations are proposed within lands to be conveyed to, or owned by the City, the Owner shall obtain prior written approval from the City's Director Development & Housing Approvals; and iii) to provide to the City's Director Development & Housing Approvals a clearance letter from each of Enova Power Corp. and the telecommunications company (ies) (if any) supplying telecommunication services to the property. Such letter shall state that sufficient wire -line communication/telecommunication infrastructure is available within the proposed development and the provider(s) have received all required easements if 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 Director of Development and Housing Approvals. i) The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformity with the approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion Page 65 of 295 and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Director of Development and Housing Approvals, 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 Director of Development and Housing Approvals. 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. ii) 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 prior to registration, the Owner shall obtain final site plan approval for the subject lands. 13. That prior to final approval the Owner/Developer shall enter into an agreement with the City of Kitchener, to be registered on the title to the property, that provides: 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. a) "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. " Page 66 of 295 b) "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email P1anninp(awrdsb.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. " 14. In cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer shall send a letter to all purchasers which include the above statements (Conditions 13 i), a), b), and c). 14. That the Owner/Developer shall 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. 15. 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. 16. That the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Regional Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging. 17. That prior to final approval, the Owner/Developer shall provide a detailed Environmental Noise study that addresses both Road and Stationary Noise to the satisfaction of the Regional Municipality of Waterloo. 18. That prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and/or City of Kitchener to implement the recommendations contained in the detailed Environmental (Road and Stationary) Noise study. 19. That prior to final approval all noise warning clauses identified within the noise study shall be included within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo. 20. That prior to final approval, the Owner/Developer shall provide funds for the construction of an concrete combined transit shelter pad approximately 9.5m x 2.7m and a landing pad and a 5' x 12' glass transit shelter to the satisfaction of the Regional Municipality of Waterloo. 21. That prior to final approval, the Owner/ Developer shall submit a salt management plan and include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the salt management plan, all to the satisfaction of the Regional Municipality of Waterloo. Page 67 of 295 22. That prior to final approval, the Owner/Developer shall submit a Functional Servicing Report to the satisfaction of the Regional Municipality of Waterloo. 23. That prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener. 24. That prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. CLEARANCES: That prior to the signing of the final plan by the City's Director of Development and Housing Approvals, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 25 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 Director of Development and Housing Approvals, the Regional Municipality of Waterloo shall notify the City's Director of Development and Housing Approvals that Conditions 4i), iii), iv), v) & vii), and 17 through 25 have been satisfied. NOTES: 1. 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 Director of Development and Housing Approvals from time to time to determine whether draft approval should be maintained. 4. 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. 5. 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. 6. This draft plan was received on February 23, 2024 and deemed complete on April 16, 2024 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. 7. 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 Page 68 of 295 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. 8. 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 Director of Development and Housing Approvals signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration The following is required for registration and under The Registry Act and for our use: Two (2) original mylar Five (5) white paper prints One (1) digital copy Page 69 of 295 Residential ' 00/rI'll 1A ROCKWOOD RD CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 20 , this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this the _ day of ,20_, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Garett Stevenson, RPP, MCIP Director of Development of Housing Approvals Page 70 of 295 'Is""1 ISBNr I I I I I I1111111110,10.1 1�®" ■ Land Use Schedule o AT GRADE fa323a�) —\: ■I■I■I■I■I■ ■I■I■I■I■I■ : �� LAND USE AREA (ha.) UNIT 1 \�■a, Unit 1 Residential 0.152 0.152ha UNIT 14 :� �mmmmmm�mmmmmmmm mmm_immmmm .IL377ac) Unit3 Residential 0.107 COMMON ELEMENT Unit4 Residential 0.107 Unit Residential 0.143 -- Unit6 Residential 0.127 Unil7 Residential 0.115 Unit Residential 0.149 Unit 9 Residential 0.126 Unit 10 Residential 0.130 71 BLEAMS RD Unit 11 Residential 0.146 Unit 12 Residential 0.131 -� (Regional Road 56) Unit 13 Residential 0.142 - - Unit 14 Residential 0.499 Unit 15 Residential 0.319 UNIT5 Denotes Unit Number Exclusive Use Areas 0.100 ® Denotes common Element �•� Denotes Property Boundary Common Element 1.010 Ueno[es Exclusive Use Area Denotes Unit Boundary TOTAL 3.611 VACANT LAND CONDOMINIUM ® L-NENTwLUNnaoNNDA— REVISED: "LL rE ioENnTiEo„ No oNE.TEo T1NONNn-1111„TE IT„N-10 11INwM FLAN ILII -Eo. CONDOMINIUM APPLICATION 30CDM-24209 DRAFT PLAN At Grade 0 5 10 20 30 - ZJNINti BYLAW ANENDNENT ZBA23/021/F,T3 SITE PL4N APPLICATION SP23/006/F/AP DEERFIELD HOMES LTD.SCALE: . --------- 1:1,250 CDM.242 PART OF LOTS 2 � City of Kitchener CCDM.24209 AND BLOCK 136a REGISTERED PLAN�1730 11198 FISCHER$HALLMAN RD, DATE: LULL 16, 2024 Development Services Department, Planning 1274 6LEAM5 RD, 264 ERINBROOK DR) - - •• -���■■ INI 15 _ I mmmm-mmmmm,,%�� I� r���"��mimimmimmmmmm mmmmmm�mmmm_immmmm \�■■■ II CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 20 , this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this the _ day of ,20_, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Garett Stevenson, RPP, MCIP Director of Development of Housing Approvals Page 70 of 295 UNIT uo T 1� Land Use Schedule o AT GRADE fa323a�) (0.351—) --, LAND USE AREA (ha.) UNIT 1 Unit 1 Residential 0.152 0.152ha Unit2 Residential 0.109 _ - .IL377ac) Unit3 Residential 0.107 COMMON ELEMENT Unit4 Residential 0.107 Unit Residential 0.143 -- Unit6 Residential 0.127 Unil7 Residential 0.115 Unit Residential 0.149 Unit 9 Residential 0.126 Unit 10 Residential 0.130 71 BLEAMS RD Unit 11 Residential 0.146 Unit 12 Residential 0.131 -� (Regional Road 56) Unit 13 Residential 0.142 - - Unit 14 Residential 0.499 Unit 15 Residential 0.319 UNIT5 Denotes Unit Number Exclusive Use Areas 0.100 ® Denotes common Element �•� Denotes Property Boundary Common Element 1.010 Ueno[es Exclusive Use Area Denotes Unit Boundary TOTAL 3.611 VACANT LAND CONDOMINIUM ® L-NENTwLUNnaoNNDA— REVISED: "LL rE ioENnTiEo„ No oNE.TEo T1NONNn-1111„TE IT„N-10 11INwM FLAN ILII -Eo. CONDOMINIUM APPLICATION 30CDM-24209 DRAFT PLAN At Grade 0 5 10 20 30 - ZJNINti BYLAW ANENDNENT ZBA23/021/F,T3 SITE PL4N APPLICATION SP23/006/F/AP DEERFIELD HOMES LTD.SCALE: OFFICIALPLAN 1MENDMENTOP423,014TLS 1:1,250 CDM.242 PART OF LOTS 2 City of Kitchener CCDM.24209 AND BLOCK 136a REGISTERED PLAN�1730 11198 FISCHER$HALLMAN RD, DATE: LULL 16, 2024 Development Services Department, Planning 1274 6LEAM5 RD, 264 ERINBROOK DR) CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 20 , this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this the _ day of ,20_, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Garett Stevenson, RPP, MCIP Director of Development of Housing Approvals Page 70 of 295 w Vacant/ Commercial de ROCKWOOD RD Land Use Schedule \` 1 FOOT BELOW GRADE LAND USE AREA (ha.) Units Residential 1.453 Common Element 2.158 BLEAMS RD TOTAL 3.611 (Regional Road 56) SECTION A -Ai A Al I Residential Denotes Property Boundary Denotes Unit Boundary \\\\\ "sioeri A� uNTIEIIEeauno,�Res vnu,oe" Teo,�Hoc'enleo T -1-A ,,,E ITANN—[e1—IN1mon EFeo VACANT LAND CONDOMINIUM ® REVISED: CONDOMINIUM APPLICATION 30CDM-24209 DRAFT PLAN - I Foot Be/ow Grade 0 ` 10 20 3° ZONING B EGYAMENDMENTZBA23,021 FTS SITE PLPN APPLICATION SF23/006OAAP DEERFIELD HOMES LTD. SCALE: 1:1,250 OFFICIAL PLANAMENDNENTOPA23,014/F/Ts PART OF LOTS 2 AND 3, REGISTRAR'S COMPILED PLAN 1483 City of Kitcheneap. r AD ' LE M FND BLOCK 136, REGISTERED PLSN 1 730 11 1 98 FISCHER HALLM4N RD DATE: JULY 16, 2024 Development Services Department, Planning dwg 1274 BLEALVS RD, 264 ERINBROOK DRI CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 20 , this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this the d Of ,20_, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Garett Stevenson, RPP, MCIP Director of Development of Housing Approvals Page 71 of 295 - .heµ ., �� �., .o, _'• °° "' Kq �q f19) _ _.,J lsllufl 9) - � -s i lOO - I l- a ADO OHOOls O7IOOIs 3JIO0�9 V Afi 70 CD Q �O �O S3210 3-nIAAVi o o S o c 77 m M m m m m mN CD0. ter. �� �o-aD m a < �- W m M D o m v a m o m m -o m = CD n m Cn a.�. fn rn w �mZ7 oa--in �. fll oa--� o.--� o_ --gym a� QDm o� 2mI> 0 o.Qao �' �-a W Qo-mol-ol-'_r. �-�- c v mEri Cn I?7 = D O n w Z m :WE w w 3 a c m o' z7 C7 �I N A A Z7 O O O y O N (�/� d N N N (a (� Com) -Np D O O v, cn m 3 o m o o m m ao w z3 z3 z3 �3Z c -'s -1;3 •amiv r I N pw w`� � I al p N (p (n to o D m d o N o o P° Co DD A N� a 6) CDcn op NfQ Nv (STI r IV 01 z3 z3 z3 Z3ERCD m a m m ti Page 721 95 = D � 0 m\� n = n zo D0 JouaewwUD joquepiso -n m z ,O�cZD>m '�rI < m 7 o� m o= r m M N D 00 � = TI nZ7r� W.C7m-0 W M� y D T mcnCz cD5C-v M m � mw m m� A A= v z o p> z o of SSS peob Ieuoi8aa) M D= W 0 n W z <y F uDi n n D s m ❑2l NVA-n 'H H3HOSI3 r- �3 p -M rm'0077 m = [n D D — — — — — — — — — — — — — — O Q p7 D = � r � � � 2 r D m N70ENE0 IMOENE BY _ INSTRUMENT P./.N. ]1)]9 - A166 c No. B O r Z r — W W D — — — M m W im �c �cl" M z n ExPROPR/ATION --- PART 9�PART 8 PLAN WR7081139 ------ F o m W O map W — IV 4- (� -=o< c-5 m m r p o m 0 0 W r O D r M Mz m c TiRi:n A o-1 m z o o f co D m >�3 r D m r1J. M a I m I: CO) � x m v I n C/) o D 3 m m °' o �D N O I I' _ o a CD 2 i - w ._ I g - .heµ ., �� �., .o, _'• °° "' Kq �q f19) _ _.,J lsllufl 9) - � -s i lOO - I l- a ADO OHOOls O7IOOIs 3JIO0�9 V Afi 70 CD Q �O �O S3210 3-nIAAVi o o S o c 77 m M m m m m mN CD0. ter. �� �o-aD m a < �- W m M D o m v a m o m m -o m = CD n m Cn a.�. fn rn w �mZ7 oa--in �. fll oa--� o.--� o_ --gym a� QDm o� 2mI> 0 o.Qao �' �-a W Qo-mol-ol-'_r. �-�- c v mEri Cn I?7 = D O n w Z m :WE w w 3 a c m o' z7 C7 �I N A A Z7 O O O y O N (�/� d N N N (a (� Com) -Np D O O v, cn m 3 o m o o m m ao w z3 z3 z3 �3Z c -'s -1;3 •amiv r I N pw w`� � I al p N (p (n to o D m d o N o o P° Co DD A N� a 6) CDcn op NfQ Nv (STI r IV 01 z3 z3 z3 Z3ERCD m a m m ti Page 721 95 = D M r D0 <� z M N D 00 M W M� y D O of 77 M D= W 0 n W s m M, �3 p O CD T VJ r D N w C:) z D To F o m W O - .heµ ., �� �., .o, _'• °° "' Kq �q f19) _ _.,J lsllufl 9) - � -s i lOO - I l- a ADO OHOOls O7IOOIs 3JIO0�9 V Afi 70 CD Q �O �O S3210 3-nIAAVi o o S o c 77 m M m m m m mN CD0. ter. �� �o-aD m a < �- W m M D o m v a m o m m -o m = CD n m Cn a.�. fn rn w �mZ7 oa--in �. fll oa--� o.--� o_ --gym a� QDm o� 2mI> 0 o.Qao �' �-a W Qo-mol-ol-'_r. �-�- c v mEri Cn I?7 = D O n w Z m :WE w w 3 a c m o' z7 C7 �I N A A Z7 O O O y O N (�/� d N N N (a (� Com) -Np D O O v, cn m 3 o m o o m m ao w z3 z3 z3 �3Z c -'s -1;3 •amiv r I N pw w`� � I al p N (p (n to o D m d o N o o P° Co DD A N� a 6) CDcn op NfQ Nv (STI r IV 01 z3 z3 z3 Z3ERCD m a m m ti Page 721 95 NOTICE OF PUBLIC MEETING fora development in your neighbourhood 1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr Concept Plan Vacant Land Condominium Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: August 12, 2024 Location: Council Chambers, Kitchener City Hall 200 King Streetlest orVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Andrew Pinnell, Senior Planner andrew.pinnell@ kitchener.ca 519.741.2200 x7668 The City of Kitchener will consider an application proposing a Vacant Land Condominium (VLC) which would consist of 15 Units. A VLC is like a plan of subdivision except the road is privately -owned rather than publicly owned and lots are referred to as "units" in a VLC. The 15 Units would be created for residential use and would define the extent of the elements that are common to the entirety of the subject lands. These common elements include, private roads, common amenity area, stormwater management faF?Id7&r2iervices. The Exclusive Use Areas, include parking spaces that are for the exclusive use of the residential dwelling units within Units 8-13. Andrew Pinnell From: Jason Brule Sent: Monday, July 8, 2024 3:43 PM To: Andrew Pinnell Subject: RE: 1198 Fisher Hallman VLC Hi Andrew, The explanation from Rachel clears things up for me. I am satisfied with this condo. Thank you. Regards, Jason Brule, C.E.T. 519-741-2200 ext.7419 From: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Sent: Friday, July 5, 2024 9:14 AM To: Jason Brule <Jason.Brule@kitchener.ca> Subject: FW: 1198 Fisher Hallman VLC Hi Jason, See below updated condo draft plan / info. I note that you had comments regarding this one (see fourth attachment for reference). Would you please confirm that you're satisfied with this condo before we draft approve? Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnellPkitchener.ca merde&&r� 74 of 295 Andrew Pinnell From: Rojan Mohammadi Sent: Friday, June 14, 2024 8:07 AM To: Andrew Pinnell Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, No concerns for me. Please be advised that they still haven't received their final site plan approval. Thanks Rojan Mohammadi MA, MCIP, RPP, PMP (She/Her) Senior Urban Designer I Planning Division I City of Kitchener 519-741-2200 x 7326 1 TTY 1-866-969-9994 1 Roman. mohammadiakitchener.ca 60OV00000 Page 75 of 295 Andrew Pinnell From: Deeksha Choudhry Sent: Friday, June 14, 2024 4:26 PM To: Andrew Pinnell Subject: Re: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, I confirmed with Jessica because she took over this file when I left, and heritage planning staff have no concerns. Thanks! Kind Regards, Deeksha Choudhry, MSc., BES Heritage Planner I Development and Housing Approvals Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-220o ext. 7602 deeksha.choudhrv(&kitchener.ca Page 76 of 295 Andrew Pinnell From: Barbara Steiner Sent: Monday, May 6, 2024 11:32 AM To: Andrew Pinnell Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) No concerns. Barbara Steiner Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 X7293 I TTY 1-866-969-9994 1 barbara.steiner@kitchener.ca PVT910,16 1100T�s Page 77 of 295 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(o-)kitchener.ca May 7, 2024 Attn: Activa Holdings Inc. Subject: Vacant land Condominium application 30CDM-24209 for 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive, Kitchener Building Division has no concerns with the vacant land Condominium application. Thank you for giving us this opportunity to respond to this application. Sincerely, Robert Schipper, CBCO Manager of Building c.c. Andrew Pinnell Page 78 of 295 Andrew Pinnell From: David Heuchert Sent: Monday, June 17, 2024 7:02 AM To: Andrew Pinnell Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, sorry about that. I also see Jen previously signed off. No further comments from FP then. Thanks, Dave Heuchert, CET, CBCO Chief Fire Prevention Officer I Fire I City of Kitchener 519-741-2200 x 5529 1 TTY 1-866-969-9994 1 dave.heuchert(aD-kitchener.ca From: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Sent: Thursday, June 13, 2024 4:42 PM To: David Heuchert <Dave.Heuchert@kitchener.ca> Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi David, Thanks for these condo comments. However, were these comments previously addressed through the conditionally - approved site plan application, which will form the basis for the condo plan (see attached conditionally -approved site plan)? It looks like Jennifer Arends signed off Condition B(23) on October 24, 2023 in AMANDA. Please confirm. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnellPkitchener.ca L; - - I I Eli I L f IX -10- 10 O� From: David Heuchert <Dave.Heuchert@kitchener.ca> Sent: Thursday, June 13, 2024 4:26 PM To: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, please see my comments below. Page 79 of 295 - please show the turning radiuses at the entrance to the property. - demonstrate on the drawing that all suite doors and every required access opening are within 3m -30m from the fire access route measured along the path of travel (Emergency Service Policy) - show on the drawing that the private fire hydrants on site is located within 90m of all unit doors, using the path that the fire hose would have to be actually laid along, not a straight line (ESP) - can the entrance from Bleams Road be accessed from both directions? Thanks, Dave Heuchert, CET, CBCO Chief Fire Prevention Officer I Fire I City of Kitchener 519-741-2200 x 5529 1 TTY 1-866-969-9994 1 dave.heuchert(cDkitchener.ca Page 80 of 295 Andrew Pinnell From: Dave Seller Sent: Tuesday, May 7, 2024 9:44 AM To: Andrew Pinnell Subject: TS Comments: (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Transportation Services have no concerns with this application. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.sellerakitchener.ca Page 81 of 295 Andrew Pinnell From: Taylor Stapleton Sent: Wednesday, May 29, 2024 5:16 PM To: Andrew Pinnell Subject: Circulation for Comment - Draft Plan of VLC 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, In regards to draft plan VLC 30CDM-24309 Parks has no concerns, no requirements. Thanks, Taylor Stapleton (she,her) Associate Landscape Architect, Parks & Open Space Design and Development I Parks & Cemeteries I City of Kitchener 1-519-577-3867 1 Taylor. Stapleton akitchener.ca Page 82 of 295 N* Region of Waterloo Andrew Pinnell, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Pinnell, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D1920/2/24209 June 17, 2024 Re: Proposed Vacant Land Plan of Condominium 30CDM-24209 1198 Fischer Hallman Road, 1274 Bleams Road and 264 Erinbrook Drive MHBC Planning Inc. C/O Rachel Wolff on behalf of Activa Holdings C/O Alex Sumner CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Vacant Land Plan of Condominium at 1198 Fisher Hallman Road, 1274 Bleams Road and 264 Erinbrook Drive in Kitchener. The purpose of these comments is to identify any items that need to be address prior to draft approval and those that can be imposed as conditions of approval. The applicant is proposing a Vacant Land Plan of Condominium that is to be developed in two phases, but released in 1 phase. The condominium proposes 15 units for residential use. Common Elements include the private roads, the central common amenity area, a stormwater management facility and all underground services. Exclusive Use areas include the parking spaces associated with residential units 8-13. The subject lands are located in the Urban Area of the Region and are Designated Greenfield Area in the Regional Official Plan. The subject lands are designated Low Density Residential One and Medium Density Residential One in the City of Kitchener Official Plan and zoned Residential 6 (R-6) Zone in the City of Kitchener Zoning By- law. Furthermore, there is a conditionally approved site plan applying to the first phase (File No. SP23/006/F/AP). Document Number: 4707898 Version: 1 Page 83 of 295 These comments relate to the Draft Vacant Land Plan of Condominium prepared by the City of Kitchener; dated February 5, 2024: Regional Comments Community Planning The subject lands are designated "Urban Area", and "Designated Greenfield Area" on Map 2 of the Regional Official Plan (ROP). The site is designated Mixed Use Two with Special Policy Area 6, Medium Density Residential One and Low Density Residential One with Special Policy Area 10 in the City of Kitchener Official Plan. Permitted uses of the Urban Area and Designated Greenfield Area in the ROP include urban uses such as residential and commercial/retail uses, among others. Regional staff have the following technical comments and conditions related to the proposal: Environmental Noise The applicant has previously submitted an Environmental Noise Study entitled "Noise Feasibility Study, Proposed Residential Development, 1198 Fischer -Road and 1274 Bleams Road, Kitchener, ON" prepared by HGC, dated June 20, 2023 (project number # 02200837) and the Region provided the attached comments March 20, 2024, which have yet to be addressed. The Region shall require that the attached concerns related to the noise study are addressed to the Region's satisfaction through a condition of draft plan approval and that any recommendations are implemented through a Registered Development Agreement with the Regional Municipality of Waterloo and/or City of Kitchener as a condition of draft plan approval. Furthermore, all recommended warning clauses shall be included in the Condominium Declaration and Purchase and Sale/Lease/Rental Agreement, as a condition of draft plan approval. Please be advised that additional peer review fees may be required depending on the scope of the review. Grand River Transit: Grand River Transit (GRT) provides two way service for routes Route 12 and Route 33 adjacent to the subject property. In addition, there are six (6) GRT stops within 240 metres of the subject lands. As a result of the increased population density proposed through the site and future GRT expansion of service along Bleams Road, a new GRT stop will be required adjacent to the subject property. The stop will be located approximately 7m west of the proposed Bleams Road access to the subject property, and be located entirely within the boulevard of Bleams Road. The owner/applicant will be required to pay funds in lieu for the construction of one 9.5m x approximately 2.7m concrete combined shelter pad/landing pad and for the provision of one 5' x 12' glass transit shelter. The current cost of the concrete shelter pad/landing pad and glass transit Document Number: 4707898 Version: 1 Page 84 of 295 shelter is $16,875 as a condition of draft plan approval. Please be advised that the cost for these amenities may increase in the future. Hydrogeology and Source Water Protection: The subject lands are located in Wellhead Protection Sensitive Area 8 (WPSA 8) and the owner/applicant has proposed more than eight at grade vehicular spaces or 200 square metres of asphalt throughout the site, a Salt Management Plan shall be required as a condition of draft plan approval. In addition, once the salt management plan has been accepted by the Region, the Owner/Developer shall include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the salt management plan, o as a condition of draft plan approval. Regional Water Services: The applicant is advised that the Region shall not support a connection to the Regional watermains on Bleams Road and Fischer -Hallman Road in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, February 2023. Further to the above, the Region shall require a Functional Servicing Report as a condition of draft plan approval. The Functional Servicing Report shall demonstrate whether the existing infrastructure can support the proposed development or if upgrades to infrastructure is required. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. 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. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. Document Number: 4707898 Version: 1 Page 85 of 295 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 ex ensive of: Housing for which the purchase price results in annual accommodation costs $2,040 which do not exceed 30 percent of gross $395,200 annual household income for low and moderate income households Bachelor: $1,164 Housing for which the purchase price is 1 -Bedroom: $1,346 at least 10 percent below the average $740,000 purchase price of a resale unit in the 3 -Bedroom: $2,039 regional market area 4+ Bedroom: n/a *Based on the most recent information available from the PPS Housing Tables (2023). In order for an owned unit to be deemed affordable, the maximum affordable house price is $395,200. 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 $2,040 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $1,164 average market rent (AMR) in the 1 -Bedroom: $1,346 regional market area 2 -Bedroom: $1,658 3 -Bedroom: $2,039 4+ Bedroom: n/a "Based on the most recent information available from the PPS Housing Tables (2023) In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Draft Plan of Condominium Conditions: The Region has no objections to draft approval of Vacant Land Plan of Condominium 30CDM-24209, subject to the inclusion of the following conditions of Draft Approval set out below: 1) THAT the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 2) THAT prior to final approval, the Owner/Developer shall provide a detailed Environmental Noise study that addresses both Road and Stationary Noise to the satisfaction of the Regional Municipality of Waterloo; Document Number: 4707898 Version: 1 Page 86 of 295 3) THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and/or City of Kitchener to implement the recommendations contained in the detailed Environmental (Road and Stationary) Noise study; 4) THAT prior to final approval all noise warning clauses identified within the noise study shall be included within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo; 5) THAT prior to final approval, the Owner/Developer shall provide funds for the construction of an concrete combined transit shelter pad approximately 9.5m x 2.7m and a landing pad and a 5' x 12' glass transit shelter to the satisfaction of the Regional Municipality of Waterloo; 6) THAT prior to final approval, the Owner/ Developer shall submit a salt management plan and include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the salt management plan, all to the satisfaction of the Regional Municipality of Waterloo; 7) THAT prior to final approval, the Owner/Developer shall submit a Functional Servicing Report to the satisfaction of the Regional Municipality of Waterloo; 8) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener; and, 9) THAT prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. Fees The Region acknowledges receipt of the Region's condominium application review fee of $4,650.00 (received June 3, 2024). General Comments Any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Document Number: 4707898 Version: 1 Page 87 of 295 Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. Activa Holdings C/O Alex Sumner (Owner) MHBC Planning Inc. C/O Rachel Wolff (Applicant) Document Number: 4707898 Version: 1 Page 88 of 295 Andrew Pinnell From: PrimeCities <WSP.PrimeCities@wspdigitalfactory.com> Sent: Friday, May 31, 2024 9:52 AM To: Andrew Pinnell Subject: Draft Plan of Condominium (30CDM-24209), 1198 Fischer Hallman Rd., 1274 Bleams Rd., and 264 Erinbrook Dr., Kitchener You don't often get email from wsp.primecities@wspdigitalfactory.com. Learn why this is important db 5/31/2024 Andrew Pinnell Kitchener Kitchener (City) Attention: Andrew Pinnell Re: Draft Plan of Condominium (30CDM-24209), 1198 Fischer Hallman Rd., 1274 Bleams Rd., and 264 Erinbrook Dr., Kitchener; Your File No. 30CDM-24209 Our File No. DTS: 34522 / Circ: 42162 Dear Sir/Madam, We have reviewed the circulation regarding the above noted application. The following paragraphs are to be included as a condition of approval: Bell Canada Condition(s) of Approval 1) 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. 2) 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 Page 89 of 295 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. Concluding Remarks: 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. If you believe that these comments have been sent to you in error or have questions regarding Bell's protocols for responding to municipal circulations and enquiries, please contact plan ninganddevelopment@bell.ca directly. 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 Bell's responses and for any of the content herein. Should you have any questions, please contact the undersigned. Yours Truly, Juan Corvalan Senior Manager - Municipal Liaison Email: plan ninganddevelopment@bell.ca. 2 Page 90 of 295 CANADA POST 2701 RIVERSIDE DRIVE SUITE N0820 OTTAWA ON K1A OB1 CANADAPOST.CA May 7. 2024 POSTES CANADA 2701 PROM RIVERSIDE BUREAU N0820 OTTAWA ON K1A OB1 POSTESCANADA.CA Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter(cDkitchener.ca Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Canada Post has reviewed the proposal for the above noted Development and has determined that the completed project will be serviced by centralized mail delivery provided through Canada Post Community Mailboxes. Our centralized delivery policy will apply for any buildings of 3 or more self-contained units with a common indoor area. For these units the owner/developer will be required to install a mail panel and provide access to Canada Post. In order to provide mail service to this development, Canada Post requests that the owner/developer comply with the following conditions: => The owner/developer will consult with Canada Post to determine suitable permanent locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans. => The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. => The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. => The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. => The owner/developer will communicate to Canada Post the excavation date for the first foundation (or first phase) as well as the expected date of first occupancy. => The owner/developer agrees, prior to offering any of the residential units for sale, to place a "Display Map" on the wall of the sales office in a place readily available to the public which indicates the location of all Canada Post Community Mailbox site locations, as approved by Canada Post and the Region of Waterloo. => The owner/developer agrees to include in all offers of purchase and sale a statement, which advises the prospective new home purchaser that mail delivery will be from a designated Community Mailbox, and to include the exact locations (list of lot #s) of each of these Community Mailbox locations; and further, advise any affected homeowners of any established easements granted to Canada Post. => The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. Canada Post further requests the owner/developer be notified of the following: 1 The owner/developer of any condominiums will be required to provide signature for a License to Occupy Land agreement and provide winter snow clearance at the Community Mailbox locations. 2 Enhanced Community Mailbox Sites with roof structures will require additional documentation as per Canada Post Policy. 3 There will be no more than one mail delivery point to each unique address assigned by the Municipality. 4 Any existing postal coding may not apply, the owner/developer should contact Canada Post to verify postal codes for the project. 5 The complete guide to Canada Post's Delivery Standards can be found at: https://www.canadapost.ca/cpo/mc/assets/pdf/business/standardsmanual en.pdf Regards, Brad Biskaborn Delivery Services Officer I Delivery Planning Huron/Rideau Region 955 Highbury Ave N London ON N5Y 1A3 brad.biska born @canada post.ca Page 92 of 295 Andrew Pinnell From: Ricardo Ruiz <ricard o.ruiz@enovapower.com> Sent: Tuesday, June 18, 2024 9:20 AM To: Andrew Pinnell Cc: John Theriault; Shaun Wang Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Attachments: Dept & Agency Circ Letter _1198 Fischer Hallman, 1274 Bleams, 364 Erinbrook.pdf, Condominium Plan -City Template.pdf, Site Plan Drawing_Attachment.pdf Good Morning Andrew, Enova Power Corp. does not have any objection for the proposed project 30CDM-24309. The developer has confirmed that the future development along Fischer -Hallman Road will have a separate civic address so we can provide a service to each site. Regards, Ricardo Ruiz (he/him) C.E.T. I Distribution Design Supervisor Office Number: 226-896-2200 Ext. 6304 Mobile Number: 519-497-6221 ricardo.ruiz(cDenovapower.com www.enovapower.com From: Shaun Wang <shaun.wang@enovapower.com> Sent: Monday, June 17, 2024 5:05 PM To: Ricardo Ruiz <ricardo.ruiz@enovapower.com> Cc: John Theriault <john.theriault@enovapower.com>; Andrew. PinnelI@kitchener.ca Subject: FW: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Importance: High Ricardo, Please review and reply to Andrew. I didn't find any conflict from initial review. Thanks. Shaun Wang P.Eng. I Manager of System Planning and Customer Connections Enova Power Corp 301 Victoria St. South, Kitchener, ON N2G 4L2 Office Number: 226-896-2200 x6312 shaun.wang@enovapower.com I enovapower.com Page 93 of 295 Page 94 of 295 Andrew Pinnell From: Christine Kompter Sent: Wednesday, May 22, 2024 11:12 AM To: Andrew Pinnell Cc: Landuse Planning Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) This should have been sent to you directly, please see below. Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca 00000000 From: SHLLAKU Paul <Paul.Shllaku@hydroone.com> On Behalf Of LANDUSEPLANNING Sent: Wednesday, May 22, 2024 10:59 AM To: Christine Kompter<Christine.Kompter@kitchener.ca> Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hello, We are in receipt of your Plan of Condominium application, 30CDM-24309. 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 Page 95 of 295 ■■■ ■o■ ■■■ MENU HELP SEARCH Customers Affected: 0 >5000 0 501-5000 0 1-500 0 21-50 x ENG 76 Go le r 7 HUntsvwe '4b0 1� 0 is Kawartha aoa Lakes Pelerb 'roug ■ r 4d ' pray plorlo Taranto 0 a Q0Kitche".r Misslssaug arnillon 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 feeIf ree to contact myself. Thankyou, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango a HydroOne.com 2 Page 96 of 295 Andrew Pinnell From: Planning <planning@wcdsb.ca> Sent: Wednesday, May 29, 2024 5:12 PM To: Andrew Pinnell Cc: Planning Subject: Fw: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Attachments: Dept & Agency Circ Letter _1198 Fischer Hallman, 1274 Bleams, 364 Erinbrook.pdf, Condominium Plan -City Template.pdf, Site Plan Drawing_Attachment.pdf You don't often get email from planning@wcdsb.ca. Learn why this is important Andrew, 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): 1. 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. 2. 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 planning@wcdsb.ca . Jennifer Passy, BES, MCIP, RPP (she/her) Manager of Planning Waterloo Catholic District School Board Phone: 519-578-3677, ext. 2253 Cell: 519-501-5285 Need to book a meeting? Quick Chat (15min) I'h hr. Meeting 11 hr. Meeting 01T Waterloo Catholic District School Board My workday may look different from your workday. Please do not feel obligated to respond outside of your normal working hours. Page 97 of 295 Andrew Pinnell From: Sent: To: Cc: Subject: WRDSB Planning <planning@wrdsb.ca> Wednesday, May 29, 2024 10:59 AM Andrew Pinnell Planning Re: [Planning] Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Andrew Pinell May 29, 2024 Re: Notice of Application for Draft Approval - Plan of Condominium (Vacant Land) File No.: 30CDM-24209 Municipality: Kitchener Location: 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive Owner/Applicant: Activa Holdings Dear Andrew, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes a two phase development with 138 townhouse and multiple residential units in Phase 1 and 373 apartment units in Phase 2. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are currently assigned to the following WRDSB schools: • Glencairn Public School (Junior Kindergarten to Grade 6); • Laurentian Public School (Grade 7 to Grade 8); and • Cameron Heights Collegiate Institute (Grade 9 to Grade 12). 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 if applicable], and applicant to review the optimization of pedestrian access to public transit, and municipal sidewalks so students may access school bus pick-up points. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel 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: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students Page 98 of 295 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 planninp(@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." "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 plannin-ga-wrdsb.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 (conditions 2 a. i., ii., and iii.). 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. Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's Education Development Charges By-law, 2021 or any successor thereof and may require the payment of Education Development Charges for these developments prior to issuance of a building permit. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Sincerely, Page 99 of 295 Emily Bumbaco Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: emily bumbaco(cDwrdsb.ca Website: www.wrdsb.ca On Mon, May 6, 2024 at 11:13 AM Christine Kompter<Christine.Kompter@kitchener.ca> wrote: Please see attached. Comments or questions should be directed to Andrew Pinnell, Senior Planner (andrew.pinnell@kitchener.ca; 519-741-2200 x7668). Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter@kitchener.ca 606A0060 Page 100 of 295 Andrew Pinnell From: Tracey Harrow Sent: Tuesday, May 14, 2024 9:13 PM To: Andrew Pinnell; Paul Singh Subject: Traffic control @ Rockwood Dr. Kitchener Some people who received this message don't often get email from Learn why this is important Hello Gentlemen, I live on Tamvale Crescent, off Erinbrook Dr. next to the condominium project site at Fischer Hallman and Bleams Rd. My question around this development site is the access out of Rockwood Dr to Fischer Hallman Rd. It is already quite difficult and arguably at times hazardous in its current condition to turn left at this stop sign. What is the plan (if any) to address this once this development is done? Any thoughts regarding a round about being placed here? It's pretty concerning to local residents (having conversations with neighbours) as to what this left turn will look like after this development is finished and the population and traffic increases in this area due to this project. I am sure I may not be the first person to ask this and appreciate your consideration of this safety concern. I look forward to your response. Thank you, Tracey Harrow Get Outlook for Android Page 101 of 295 Andrew Pinnell From: JC McDonald Sent: Monday, May 13, 2024 4:44 PM To: Andrew Pinnell; Paul Singh Subject: 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive Comments Good Morning! I received an application for development in my neighbourhood notice in the mail about the development nearby. I am unsure as to what comments you are looking for. I submitted my thoughts on the development when it first started but didn't hear back, I also didn't know there was a time that comments needed to be received prior to the meeting. My comments being: The main buildings being added on the lot are too tall for the area. Having lived in Kitchener Waterloo my entire life with an educational background in urban planning I have watched this city anchor its retail around the two malls resulting in killing the community vibe all cities crave in the downtown core. Building up density is necessary in a city and can encourage the downtown core to revitalize itself. However, we are proposing to build a downtown verticality at the near edge of the city? There isn't anything remotely around here at that height. I was suggesting to move the height from 22 storeys to 10-14 to match the surrounding environment. Also, this building completely removed the privacy of my own lot, and I assumed the proposed condominiums would be doing the same thing. You have a tree line but that will take 15-25 years to be sufficient to create privacy not only for me but also for the condominiums that butt up to the lot. I've been here since '91 when my mother and father both worked for the City of Kitchener bought the house on the edge. I am not against development, I am not against increasing density as we have had a lot of development in the area that I have had no issue with. I feel this is ignoring the already built environment. Also, if there is any way to get a timeline for any of the confirmed developments on that lot, that would be great; as the land moving activities has drastically affected my work with vibrations in the house lasting from 10-12 hours a day (starting at 7:00-7:02AM) each day that has stopped me from having any correspondence/meetings with my business. Regards, James McDonald Page 102 of 295 Andrew Pinnell From: Monique Goodyer - Sent: Sunday, June 9, 2024 11:32 AM To: Andrew Pinnell Cc: Steven Goodyer Subject: Re: 1198 Fischer Hallman Rd Thank you Andrew, This shows a retaining wall being installed with a 3.1 max that will be level with our property. Am I understanding correctly? If this is the case, why was Activa so concerned about our neighbours fences being on the property line?? Our one neighbour has already removed everything and for no reason. This is part of the frustration with the lack of communication from Activa in knowing what is going on. Are you able to send me the traffic studies that were done as well? During the virtual zoom meeting last September we were told that the study showed no increase in traffic or noise. Thanks Page 103 of 295 No consultation has taken place with neighbours at any time during the studies or during the concept design. Re. Proposed New Parking at 1082 and 1094 Wilson Ave., the representative from Colt and city staff did not respond to the suggestion that there is more appropriate parking available at the northeast corner of Wabanaki and Wilson Avenue. 1. Traffic on Wilson Ave. between 1016 Wilson Ave. and the Parking Lot at the Cul de Sac in Homer Watson Park The current properties are quiet with large unlit areas suitable to the surrounding Natural Heritage areas. The proposed development is incompatible with the surrounding Natural Heritage areas and to the nearby residential property. Re. Planning Justification Report there seems to have been a determined denial of recognizing existing low-level residential homes adjacent to the subject property. This is evident in mapping that fails to label Low Density Residential within 400 metres of the subject properties. One property is within 50 m of the subject properties. Respectfully submitted, Neil E. Taylor C.c. Interested Parties. Page 292 of 295 Tim Se ler From: David Alton they -them < Sent: Thursday, July 18, 2024 10:22 AM To: Garett Stevenson Cc: Natalie Goss; Tim Seyler; Debbie Chapman Subject: Re: Back from sick leave You don't often get email from I rlHrn this is important Hi Garett, Thank you for the insights. From what I am hearing from you is that because it is a currently operating use, I would need to get the federal government to remove their license to cease operations. And then to have zoning exclude future weapons manufacturing facilities, I would need to find sufficient planning rationale, either through arguing an interpretation of current policy or through lobbying the province to update policy in ways that more explicitly prohibit this land use. My next question I think is for the licensing team. Can we create a licensing process for manufacturers that would add stipulatations to how weapons facilities operate? I am going to keep digging. I know this is an uphill battle, but might as well shake every tree :) I will see Tim at the August committee meetings :) David On Tue, Jul 16, 2024 at 6:02 PM Garett Stevenson <Garett.Stevenson kitchener.ca> wrote: Hi David, Councillor Chapman passed along your other email as well. Tim Seyler is currently processing an Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) application to allow for a new parking area and expansion of the existing facility. The details of the application can be found here - https:Happ2.kitchener.ca/AppDocs/0penData/AMANDADataSets/Supportinq Documents List 714348.pdf The OPA is seeking a land use change from Low Rise Residential to General Industrial Employment. This would allow for a parking lot in the area currently cleared of trees. The zoning will allow for parking and the expansion. Page 293 of 295 The proposal is to relocate the existing parking lot further down Wilson Avenue and add an addition to the existing facility at 1036 Wilson Ave. No development will be permitted within lands designated Natural Heritage. City, Regional and GRCA staff are reviewing further materials including an Environmental Impact Study. Two residential dwellings are proposed to be demolished that are currently vacant. The applications are being reviewed from a land use planning perspective. While I appreciate the political nature and sensitivity of the use (weapons manufacturing), especially given current global conflicts, there is no land use planning rationale to support a prohibition of this particular manufacturing use. Further, firearms in Canada are regulated by the federal government and any manufacturing of weapons requires a federal license from the Chief Firearms Officer. Even if the City did attempt to prohibit this use through the Zoning By- law, the existing operation would be legal non -conforming and could continue and could be expanded in accordance with the Planning Act. The OPA and ZBA applications are scheduled for the Planning and Strategic Initiatives Committee meeting on August 12 and Council on August 26. Please let me know if you would like to discuss further. Thanks, Garett Stevenson (he/him), BES, RPP, MCIP Director, Development and Housing Approvals Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-9994 1 garett.stevenson(cDkitchener.ca 600000000 From: David Alton they -them Sent: Tuesday, July 16, 2024 12:29 PM To: Garett Stevenson <Garett.Stevenson@kitchener.ca>; Natalie Goss <Natalie.Goss@kitchener.ca> Subject: Back from sick leave Hi Garett and Natalie, Page 294 of 295 I am off my sick leave finally! Let me know when you want to connect next about LEWG. In the meantime I hope you will let me do a bit of advocacy. I saw that the Colt factory is seeking an expansion. Can you keep me posted on public meetings for that process so I can disrupt it. Furthermore, I have been talking to councilors about the need to restrict arms manufacturing in the city. Debbie connected me to Steve in bylaw who says their is nothing on the books, yet. I think there are bylaws possible as plenty of municipalities have bylaws against arcades and similar'morally depraved' (lol) businesses. Steve also pointed me to yall as zoning could have weapons manufacturing as a restricted use. I know its probably going to take several years to implement such zoning or a bylaw. But can you help point me in the right direction so I can direct my mennonite pacifist army of advocates in the right direction? -David Page 295 of 295