HomeMy WebLinkAboutDSD-2024-328 - Draft Plan of Condominium Application (Vacant Land) - 30CDM-24210 - 15 Dellroy Avenue - 2296342 Ontario Inc. (Savic Homes)Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 12, 2024
SUBMITTED BY: Garett Stevenson, Director, Development and Housing
Approvals 519-741-2200 ext. 7070
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7859
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: July 12, 2024
REPORT NO.: DSD -2024-328
SUBJECT: Draft Plan of Condominium Application (Vacant Land)
30CDM-24210
15 Dellroy Avenue, 2296342 Ontario Inc. (Savic Homes)
RECOMMENDATION:
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990,
c.P.13, as amended, By-law 2023-103, hereby grants draft approval to Draft Plan of
Condominium Application 30CDM-24210 for 15 Dellroy Avenue in the City of
Kitchener, subject to the conditions as shown in Appendix `A'.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide a planning recommendation to approve the
proposed Vacant Land Condominium (VLC) for the property located at 15 Dellroy
Avenue.
• Community engagement for the VLC Application included:
o Circulation of a notice letter to owners of property within 120 metres of the subject
property;
o Staff received no responses from the public; and,
o Notice of the public meeting was advertised in The Record on July 19, 2024.
This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The applicant is proposing a Vacant Land Condominium (VLC) which consists of 2 Units and
common elements. The Unit breakdown is as follows:
• VLC Unit 1 is proposed to contain: the existing six (6) storey apartment building
containing forty-six (46) residential suites and all component parts, including existing
utility rooms, balconies, hydro vault; bicycle storage areas; exterior features such as a
walkway and outdoor landscaped areas.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 104 of 295
VLC Unit 2 is proposed to contain: an eighteen (18) storey tower building with a four (4)
storey podium collectively containing two hundred and thirty-eight (238) residential
suites; bicycle storage areas; balconies forming part of the residential suites within unit
2; utility rooms, delivery rooms, commercial spaces, and hydro vault; exterior features
such as a walkway and outdoor landscaped areas; various amenity spaces including a
gym, meeting room, lounge, and rooftop patio; and a parking garage with above and
below -grade parking.
• The common elements of the VLC are proposed to contain: surface -level parking;
parking garage entry driveways; parking garage ramps; landscaped areas and garbage
enclosures, that will be shared between the VLC units.
The VLC is to provide separate unit areas for both financing and servicing purposes.
BACKGROUND:
The Owner, 2296342 Ontario Inc., has made application to the City of Kitchener for a Draft
Plan of VLC.
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Figure 1: Location map
The subject lands are addressed as 15 Dellroy Avenue and are located near the major
intersection of Weber Street East and Franklin Avenue. The subject corner property fronts
onto both Dellroy Avenue and Weber Street East. The property contains a 6 -storey
apartment building and remnants of an old building foundation for a second apartment
building that was never constructed. The subject lands are designated `High Rise
Page 105 of 295
Residential' in the Official Plan and zoned `High Rise Residential Zone Seven Zone (RES -
7)' in Zoning By-law 2019-051.
The applicant has submitted Site Plan Application SP22/158/D/BB which has received
conditional Site Plan Approval for a second building on-site comprised of an eighteen (18)
storey tower with a four (4) storey podium collectively containing two hundred and thirty-
eight (238) residential suites; bicycle storage areas; balconies forming part of the
residential suites within Unit 2; utility rooms, delivery rooms, commercial spaces, and
hydro vault; exterior features such as a walkway and outdoor landscaped areas; various
amenity spaces including a gym, meeting room, lounge, and rooftop patio; and a parking
garage with above and below grade parking. The approved Site Plan is shown below and
in Attachment D' of the report.
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Figure 2 — Proposed Site Plan SP22/158/D/BB
The applicant has been actively working to clear conditions of Site Plan Approval so that
construction can commence by Fall 2024.
Page 106 of 295
REPORT:
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan):
The Growth Plan promotes development that contributes to complete communities,
creates street configurations that support walking, cycling and sustained viability of transit
services and which creates high quality public open spaces.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the
achievement of the minimum intensification and targets in this Plan, as well as the other
policies of this Plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected
needs of current and future residents.
Planning staff are of the opinion that the applications conform to the policies of the Growth
Plan.
Regional Official Plan (ROP) 2023:
The subject lands are designated "Urban Area", and "Delineated Built Up Area" on Map 2
of the Regional Official Plan (ROP). Permitted uses of the Urban Area and Delineated
Built -Up Area in the ROP include urban uses such as residential uses, among others.
Regional staff have no objection to the application subject to satisfying several conditions
included in the Draft Approval found in Attachment W.
Official Plan
The Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. Intensification Areas
are targeted throughout the Built-up Area as key locations to accommodate and receive
the majority of development or redevelopment for a variety of land uses.
Primary Intensification Areas include the Urban Growth Centre, Major Transit Station
Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official
Plan. The subject lands are located within an Urban Corridor. The planned function of
Urban Corridors is to provide for a range of retail and commercial uses and intensification
opportunities that should be transit supportive. Urban Corridors function as the spine of a
community as well as a destination for surrounding neighbourhoods. Strengthening
linkages and establishing compatible interfaces between the Urban Corridors and
surrounding Community Areas and Industrial Employment areas are priorities for
development in these areas.
The subject lands are designated `High Rise Residential'. The High Rise Residential land
use designation will primarily accommodate high density multiple dwellings and special
needs housing to achieve a high intensity of residential use to a maximum Floor Space
Ratio of 4.0.
The proposal conforms to the land use designation, is located within the built-up area of
the City where priority is given for approvals associated with development, can be serviced
and the creation of separate unit areas allows for separate service connections, supports
transit as the property is on a bus route, does not impact the environment nor City
finances, can be integrated within surrounding fabric and each unit fronts onto public
Page 107 of 295
streets, and, a site plan has been prepared and approved by staff in support of the City's
Urban Design Manual.
Department and Agency Comments:
A copy of all comments received from the commenting agencies and City departments are
attached as Appendix `C'. There are no outstanding concerns with the proposed
application.
Community Input and Staff Responses:
The application was circulated to members of the public and no comments were received.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the committee meeting. A notice of the public meeting was placed in the newspaper on July
19, 2024 (Appendix `B').
CONSULT — The Application was circulated to property owners within 120 metres of the
subject lands as per Planning Act requirements. This report will be posted to the City's
website with the agenda in advance of the committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• Zoning By-law 2019-051
• Official Plan, 2014
• Regional Official Plan, 2023 (amended by ROPA 6)
• Provincial Policy Statement, 2020
• Planning Act, R.S.O. 1990
• Growth Plan, 2020
• Site Plan Application (SP22/158/D/BB)
• DSD -2023-314 (A2023-080)
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:
Appendix A — Draft Approval Conditions and Draft Plan of Condominium 30CDM-24210
Page 108 of 295
Appendix B — Newspaper Notice
Appendix C — Department and Agency Comments
Appendix D —Approved Site Plan SP22/158/D/BB
Page 109 of 295
Appendix "A"
DRAFT PLAN OF CONDOMINIUM 30CDM-24210
15 Dellroy Ave.
2296342 Ontario Inc.
RECOMMENDED CONDITIONS OF DRAFT APPROVAL
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as
amended, and By-law 2023-103, of the City of Kitchener, hereby grants draft approval to
Condominium Application 30CDM-24210 for 15 Dellroy Avenue in the City of Kitchener, subject to
the following conditions:
That this approval applies to Draft Condominium 30CDM-24210 owned by 2296342
Ontario Inc., dated April 11, 2024, proposing a Vacant Land Condominium Plan for 15
Dellroy Avenue comprised of 2 units and common elements.
Units 1-2: Residential units
Common Elements: surface level parking, parking garage entry driveways, parking
garage ramps, landscaped areas, and garbage enclosures.
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 affect 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.
ii) That the condominium corporation agrees to maintain the subject lands in
compliance with approved Site Plan.
iii) Provisions that obligate the condominium corporation to be created upon the
registration of the Declaration and Description (the "Condominium Corporation") to
implement and maintain any Region required salt management plan related to
winter snow and ice clearing obligations of the Condominium Corporation;
Page 110 of 295
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 Manager and Commissioner;
d. the remainder of the lands of the approved condominium plan not yet
registered as part of the proposed condominium plan have, following the initial
registration of the Declaration and Description or any phase thereof, either
direct access or access pursuant to one or more easements satisfactory to the
City's 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 Manager and Commissioner.
e. 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 Director or Commissioner
may deem necessary to establish compliance with any one or more of the
conditions set out in the three subparagraphs immediately above.
vi) That Despite the best efforts of the Waterloo Region District School Board
(WRDSB), accommodation in nearby facilities may not be available for all
anticipated students. You are hereby notified that students may be accommodated
in temporary facilities and/or bussed to a school outside the area, and further, that
students may, in future, be transferred to another school. For information on which
schools are currently serving this area, contact the WRDSB Planning Department at
519-570-0003 ext. 4419, or email plan ninga-wrdsb.ca. Information provided by any
other source cannot be guaranteed to reflect current school assignment
information. To limit liability, public school buses operated by the Student
Transportation Services of Waterloo Region (STSWR), or its assigns or successors,
will not travel on privately owned or maintained right-of-ways to pick up students,
and potential busing students will be required to meet the bus at a congregated bus
pick-up point.
Page 111 of 295
vii) 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 Centralized Mailboxes.
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:
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.
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 the funds so secured and hold them as security to guarantee completion
and/or certification, unless the City Solicitor is provided with a renewal of the
Letter(s) of Credit forthwith.
Page 112 of 295
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. If 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, if required, 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 because of staging.
11. That prior to final approval, the Owner/Developer shall provide the Regional Municipality
of Waterloo with a satisfactory Stormwater Management Report for the site.
12. That prior to final approval, the Owner/Developer shall relocate the transit pad for Stop
#2611 and provide funds in lieu of the construction of an concrete combined transit
shelter pad approximately 9.5m x 3m and a landing pad to the satisfaction of the
Regional Municipality of Waterloo.
13. That prior to final approval, the Owner/Developer shall submit an updated detailed
Environmental Noise Study to assess transportation and stationary noise and enter into a
Registered Development Agreement with the Regional Municipality of Waterloo and/or the
City of Kitchener (if required) to implement the recommendations of within Environmental
Noise Study; all to the satisfaction of the Regional Municipality of Waterloo.
14. That prior to final approval, the Owner/Developer shall include any recommendations of the
Environmental Noise Study including any noise warning clauses (if required) within the
Condominium Declaration and all Purchase and Sale/Lease/Rental Agreement(s) to the
satisfaction of the Regional Municipality of Waterloo.
15. That prior to final approval, the Owner/Developer shall prepare and submit a Salt
Management Plan and include provisions for the Unit Owners and Condominium
Corporation within the Condominium Declaration all to the satisfaction of the Regional
Municipality of Waterloo.
16. That prior to final approval, the Regional Municipality of Waterloo be provided with a copy
of the registered development agreement between the Owner/Developer and the City of
Kitchener.
17. That prior to final approval, the Owner/Developer shall provide a copy of the Record of Site
Condition (RSC) in accordance with O. Reg. 153/04, as amended, that has been filed on
the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry
for the entirety of the subject lands and the associated Ministry's Acknowledgement letter to
the satisfaction of the Regional Municipality of Waterloo.
Page 113 of 295
18. That prior to final approval, the Owner/Developer shall enter into a Regional
Development Agreement to prohibit geothermal energy on site and incorporate the
prohibition within the Condominium declaration; all to the satisfaction of the Regional
Municipality of Waterloo.
19. 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.
20. That prior to final approval, the Owner/Developer supply, erect and maintain a sign (at the
Owner/Developer's 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.
21. That prior to final approval, the Owner/Developer makes necessary arrangements with the
Waterloo Catholic District School 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.
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 21 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) and 10 through 19
have been satisfied.
NOTES:
The owner is advised that the provisions of the Development Charge By-laws of the City of
Kitchener and the Regional Municipality will apply to any future development on the site.
2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96
as amended, under the Registry Act.
3. Draft approval will be reviewed by the City's Director of Development and Housing
Approvals from time to time to determine whether draft approval should be maintained.
3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo Department of Planning, Development and Legislative Services and the City of
Kitchener Development Services Department of any changes in ownership, agent, address
and phone number.
4. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 96-
025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff
of fees for application, recirculation, draft approval, modification to draft approval and
registration release of plans of condominium.
Page 114 of 295
5. This draft plan was received on April 19, 2024 and deemed complete on May 3, 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.
6. To ensure that a Regional Release is issued by the Region's Commissioner of Planning,
Development and Legislative Services to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all Regional
conditions have been satisfied and the required clearance letters, agreements, prints of
plan to be registered, and any other required information or approvals have been deposited
with the Regional Planner responsible for the file, no later than December 15th. Regional
staff cannot ensure that a Regional Release would be issued prior to year end where the
owner has failed to submit the appropriate documentation by this date.
7. When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the
plans comply with the terms of the approval, and we have received assurance from the
Regional Municipality of Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the Manager of Development Review signature will be
endorsed on the plan and it will be forwarded to the Registry Office for registration
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 115 of 295
NOTICE OF PUBLIC MEETING
fora development in your neighbourhood
15 Dellroy Avenue
Location Map
Vacant Land Condominium
I IT(',HENE
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: August 12, 2024
Location:Council Chambers,
Kitchener City Hall
201 King .Street lest
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:
Brian Bateman, Senior Planner
brian.bateman@ kitchener.ca
519.741.2200 x7869
The City of Kitchener will consider an application for a Vacant Land Draft Plan of
Condominium (VLC) to create two unit areas and Common Element Areas at 15
Dellroy Avenue. A VLC is like a plan of subdivision except the lots are referred to
as `units' in a VLC. One Unit Area will comprise of an existing 6 -storey
apartment building while the second Unit (lot) will consist of a proposed
18 -storey apartment building that has received Raq�Ddal Iit®f I29Epproval
in accordance with the existing `RES -7' zoning. The creation of separate Units is
required for financing purposes.
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From: Taylor Stapleton
Sent: Thursday, May 30, 2024 3:12 PM
To: Brian Bateman
Subject: Circulation for Comment - Draft Plan of Vacant Land Condominium (15
Dellroy Avenue)
Hi Brian,
P&C cannot support the condo application at this time. Conditions B17 Parkland Dedication and B29
Composite Utilities Plan were required by P&C through site plan application SP22/158/D/BB and these
conditions are outstanding.
Thanks,
Taylor Stapleton
(she,her)
Associate Landscape Architect, Parks & Open Space Design and Development I Parks & Cemeteries
City of Kitchener
1-519-577-3867 1 Taylor.Stapletona-kitchener.ca
Page 121 of 295
N*
Region of Waterloo
Brian Bateman, MCIP, RPP
Senior Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Bateman,
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: D1920/2/24210
June 12, 2024
Re: Proposed Vacant Land Plan of Condominium
30CDM-24210
15 Dellroy Avenue
Patterson Planning Consultants Inc. C/O Scott Patterson
on behalf of 2296342 Ontario Inc. C/O Nemo Savic
CITY OF KITCHENER
The Region has prepared the following comments relating to the above noted Vacant
Land Plan of Condominium at 15 Dellroy Avenue 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 consisting of two units
with common elements. Unit 1 is proposed to contain the existing six (6) storey
apartment building containing forty-six (46) residential suites and all component parts
including the existing utility rooms, balconies, hydro vault, bicycle storage areas and
exterior features such as the walkway and outdoor landscaped areas. Unit 2 is
proposed to contain an eighteen (18) storey tower with a four (4) storey podium
containing two hundred and thirty-eight (238) residential suites; bicycle storage areas;
balconies forming part of the residential suites within unit 2, utility rooms, delivery
rooms, commercial spaces, hydro vault as well as exterior features such as a walkway
and outdoor landscaped areas. It also includes a gym, meeting room, lounge and
rooftop patio as well as a parking garage with above and below ground
parking. Common elements include surface parking, the parking garage entrance and
driveway, parking garage rams and garbage enclosures that will be shared between the
two units. No interior portion of the apartment buildings will form part of the common
elements.
Document Number: 4704548 Version: 1
Page 122 of 295
The subject lands are Designated Urban Area and Delineated Built Up Area in the
Regional Official Plan and designated High Rise Residential in the City of Kitchener
Official Plan. The subject lands are zoned Residential 7 (R-7) Zone in the City of
Kitchener Zoning By-law. Furthermore, there is a conditionally approved site plan
applying to the first phase of this development (File No. SP22/158/D/BB).
These comments relate to the Draft Vacant Land Plan of Condominium prepared by
Guenther Rueb Surveying Limited; Job No. 69-47(79); signed by the Surveyor March
25, 2024 and the Owner April 11, 2024:
Regional Comments
Community Planning
The subject lands are designated "Urban Area", and "Delineated Built Up Area" on Map
2 of the Regional Official Plan (ROP). The site is designated High Rise Residential in the
City of Kitchener Official Plan. Permitted uses of the Urban Area and Delineated Built -
Up Area in the ROP include urban uses such as residential uses, among others.
Regional staff have no objection to the application, and have the following technical
comments and conditions related to the proposal:
Record of Site Condition/Environmental Threats
There is a known environmental threat on an adjacent parcel of land and accordingly a
Record of Site Condition and Ministry Acknowledgement letter shall be required for the
entirety of the subject lands in accordance with the Region's Implementation Guideline
for the Review of Development Applications on or Adjacent to Known and Potentially
Contaminated Sites. The Record of Site Condition and Ministry Acknowledgement
Letter shall be required as a condition of draft plan approval.
Corridor Planning
Environmental and Stationary Noise.-
The
oise:The site is adjacent to Highway 8 (Provincial Highway) and Weber Street East (RR#
8/Regional Road) which may pose noise impacts on the noise sensitive development.
To address potential adverse impacts on the development, a detailed Environmental
Noise Study will be required as a condition of draft plan approval to assess the impacts
of noise from traffic on Weber Street East, the Provincial Highway 8 and potential
stationary noise (both, on-site and off-site). The noise study must comply with MECP
NPC -300 Guidelines.
The consultant who prepares the Environmental Noise Study must be listed on the
Region's Approved list of Noise Consultants and is responsible for obtaining current
information, applying professional expertise in performing calculations, making detailed
and justified recommendations and submitting the Consultant Noise Declaration and
Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise
Study must contact Regional staff for transportation data, including traffic forecast and
truck percentages, for the purpose of preparing the Environmental Noise Study.
Document Number: 4704548 Version: 1
Page 123 of 295
Regional staff will provide this data within three weeks of receiving the request from the
noise consultant.
Please note that there is a $500.00 fee for the preparation of traffic forecast and review
of the Environmental Noise Study and the noise consultant must submit the
transportation data request online via
https://rmow. perm itcentral.ca/Permit/GroupApply?groupld=3 .
The recommendations and mitigation measures contained within the report shall be
implemented on site and through a registered agreement with the Region of Waterloo
as a Regional Condition of the above application.
Please be advised that the noise study will be reviewed by a third party external noise
consultant retained by the Region and the applicant will be required to pay for the
review by an external Noise Consultant retained by the Region. The fee for this third
party review is $4,500 + HST ($5,085.00 total). Please submit payment for the third
party review along with the submitted noise study. Additional fees may apply depending
on scope of review required.
Payment can be made either by cheque payable to the Region of Waterloo, or by
contacting Ms. Peggy Walter (PWalter(a)regionofwaterloo.ca) via other methods at the
time of submission.
Transit.-
Grand
ransit:Grand River Transit (GRT) currently operates Route 8 along this section of Weber
Street East with a transit stop #2611 immediately in front of the subject property. GRT
staff have reviewed the Conditionally Approved Site Plan (SP22/158/D/BB), and note
that the location of the depicted transit stop needs to be shifted slightly to the south east
such that east end of the landing pad is located no closer than 20m from the Weber St.
crosswalk at Dellroy Avenue. This is required to ensure there is clearance between the
bus stop and the users of the intersection (e.g. pedestrians, cars, etc.). The relocation of
the transit pad shall be required as a condition of draft plan approval.
In addition, due to the increased proposed density on the subject lands and as a result
of the relocated sidewalk, stop #2611 will need to be improved. The landing pad will be
at least 9.5m in length and will be the full depth of the boulevard (approximately 3m in
this location) to facilitate the installation of a transit shelter at a later date, when
warranted. The owner/applicant will be required to provide funds in lieu for the
construction of the concrete combined transit shelter pad and landing pad for stop
#2611. The cost of the concrete landing pad/shelter pad is currently $5,420. Please
note that cost is based on 2024 pricing and subject to increase. As this funding was not
made a condition of Site Plan Approval, collection of these funds will be made a
condition of Draft Approval for the Plan of Condominium.
Risk Management/Part 4 of the Clean Water Act
Document Number: 4704548 Version: 1
Page 124 of 295
The subject lands are located in a Part 4 Area of the Clean Water Act; therefore, a Valid
Section 59 Notice shall be required.
A Risk Management Plan for salt application may be required for proposed and/or
altered surface parking and vehicle driveway areas greater than eight (8) parking
spaces or 200 square metres. Design considerations with respect to salt management
through the risk management plan include minimizing the transport of meltwater across
the parking lots or driveways; Directing downspouts away from paved areas; Locating
snow storage areas on impermeable (i.e. paved) surfaces that drain directly to catch
basins.
In addition, a Risk Management Plan for storm water management may be required if
any engineered and/or enhanced infiltration features are proposed. Please be advised
that the Region of Waterloo does not support any engineered and/or enhanced
infiltration of runoff originating from paved surfaces within chloride Issue Contributing
Areas. The above noted property is within a chloride Issue Contributing Area.
Engineered and/or enhanced infiltration features may include ponds, infiltration
galleries, permeable pavers, ditches, swales, oil -grit separators, etc.
Please visit the Region of Waterloo TAPS website here: https://taps.regionofwaterloo.ca
to determine all applicable source protection plan requirements, and contact the Risk
Management Official (rmo(a�regionofwaterloo.ca) as required. Please allow for sufficient
time to negotiate the Risk Management Plan, as a Notice will not be issued until a
signed Risk Management Plan is complete.
Hydrogeology and Source Water Protection:
Due to the potential impacts to the Region's groundwater; which is a drinking water
source for the Region; and the potential for contamination from adjacent sites, the
Region shall require a geothermal prohibition to be implemented through a Regional
development agreement, as a condition of draft plan approval. Furthermore, the
geothermal prohibition shall be included in the Condominium Declaration; as a condition
of draft plan approval. The required wording for the prohibition is:
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well,
borehole or pipe installation used for geothermal systems, ground -source heat pump
systems, geo-exchange systems or earth energy systems for heating or cooling,-
including
ooling,including open -loop and closed-loop vertical borehole systems. A geothermal well does
not include a horizontal system where construction or excavation occurs to depths less
than five meters unless the protective geologic layers overlaying a vulnerable aquifer
have been removed through construction or excavation.
In addition to the above, Regional staff shall require a Stormwater Management Report
to assess how stormwater is addressed on site and if dewatering is proposed. The
stormwater management plan shall be required as a condition of draft plan approval.
Document Number: 4704548 Version: 1
Page 125 of 295
Region of Waterloo International Airport:
The subject lands are located within the Airport Zoning Regulations, with an allowable
elevation of 421 m ASL. Through the drawings provided to the Region, there is a
finished floor elevation of 324.9m ASL and an anticipated building elevation of 388m
ASL.
Regional staff advise the applicant must submit a Land Use application to Nav Canada,
and obtain a letter of no objection if they have not done so already. The application can
be found here: https://www.navcanada.ca/en/aeronautical-information/land-use-
program.aspx
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.
For the purposes of evaluating the affordability of an ownership unit, based on the
definition in the Regional Official Plan, the purchase price is compared to the least
expensive of:
Housing for which the purchase price
results in annual accommodation costs
which do not exceed 30 percent of gross
$395,200
annual household income for low and
moderate income households
Housing for which the purchase price is
at least 10 percent below the average
$740,000
purchase price of a resale unit in the
regional market area
Document Number: 4704548 Version: 1
Page 126 of 295
*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-24210, subject to submission of a Valid Section 59 Notice and 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 copy of the
Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended,
that has been filed on the Ministry of Environment, Conservation and Parks
(MECP) Environmental Site Registry for the entirety of the subject lands and the
associated Ministry's Acknowledgement letter to the satisfaction of the Regional
Municipality of Waterloo;
3) THAT prior to final approval, the Owner/Developer shall submit an Environmental
Noise study that assesses transportation and stationary noise to the satisfaction of
the Regional Municipality of Waterloo;
4) 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
transportation and stationary noise study, all to the satisfaction of the Regional
Municipality of Waterloo;
Document Number: 4704548 Version: 1
Page 127 of 295
5) THAT prior to final approval, the Owner/Developer shall include any 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;
6) THAT prior to final approval, the Owner/Developer shall relocate the transit pad for
Stop #2611 and provide funds in lieu for the construction of an concrete combined
transit shelter pad approximately 9.5m x 3m and a landing pad to the satisfaction
of the Regional Municipality of Waterloo;
7) THAT prior to final approval, the Owner/Developer shall enter into a Regional
Development Agreement to prohibit geothermal energy on site and incorporate the
prohibition within the Condominium Declaration; all to the satisfaction of the
Regional Municipality of Waterloo;
8) THAT prior to final approval, the Owner/Developer shall provide the Regional
Municipality of Waterloo with a satisfactory Stormwater Management Report for
the site;
9) THAT prior to final approval, the Owner/ Developer shall include provisions within
the Condominium Declaration for the Condominium Corporation and Unit Owners
to comply with the negotiated Risk Management Plan for salt application;
10) 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,
11) 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 $3,350.00 (received June 5, 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: 4704548 Version: 1
Page 128 of 295
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
C. 2296342 Ontario Inc. C/O Nemo Savic (Owner)
Patterson Planning Consultants C/O Scott Patterson (Applicant)
Document Number: 4704548 Version: 1
Page 129 of 295
From: Eric Riek
Sent: Wednesday, May 8, 2024 10:32 AM
To: Brian Bateman
Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium (15
Dellroy Avenue)
Hi Brian,
No engineering concerns with this vacant land condo application. This was required so they could have a
2nd water service to the new building.
Any questions or concerns, please advise.
Eric Riek, C.E.T.
Project Manager I Development Engineering I City of Kitchener
From: Monica Mazur <Monica.Mazur@kitchener.ca>
Sent: Wednesday, May 8, 2024 9:58 AM
To: Eric Riek <Eric.Riek@kitchener.ca>
Subject: FW: Circulation for Comment - Draft Plan of Vacant Land Condominium (15 Dellroy Avenue)
Hi Eric!
Tracie sent this to me but I checked the project folder and I see that you have been working on the file
recently. Are you ok to take this on?
Thanks,
Monica Mazur, M.Sc., P.Eng.
Project Manager) Development Engineering I City of Kitchener
519-741-2200 ext. 7135 1 TTY 1-866-969-9994 1 monica.mazur@kitchener.ca
d6�1. 0 You
W, &A a Owo U 4 Z
From: Internet - Engineering 9th floor (SM) <engineering@kitchener.ca>
Sent: Tuesday, May 7, 2024 1:42 PM
To: Monica Mazur <Monica.Mazur@kitchener.ca>
Subject: FW: Circulation for Comment - Draft Plan of Vacant Land Condominium (15 Dellroy Avenue)
Monica
You're up!
I will leave this one with you.
Page 130 of 295
Thanks
Tracie Fugard
Program Assistant I Engineering Division I City of Kitchener
519-741-2200 ext 7129 1 TTY 1-866-969-9994 1 tracie.fuaard@kitchener.ca
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Tuesday, May 7, 2024 12:22 PM
To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP
<circulations@wsp.com>; Canada Post - Brad Biskaborn (brad.biskaborn@ ca nada post. postescanada.ca)
<brad.biskaborn@ ca nada post. postescanada. ca>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren
Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz
<David.Paetz@kitchener.ca>; Internet - Engineering 9th floor (SM) <engineering@kitchener.ca>; Enova
Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang
<shaun.wang@enovapower.com>; Feras AbdulHadi <Feras.AbdulHadi@kitchener.ca>; Fire Prevention
(SM) <FirePrevention@kitchener.ca>; French Catholic School Board<planification@cscmonavenir.ca>;
GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Landuse Planning
<landuseplanning@hydroone.com>; Jordan MacLaughlin <Jordan.MacLaughlin@kitchener.ca>; Justin
Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike
Seiling <Mike.Seiling@kitchener.ca>; MPAC - Kelly Button (kelIV. button@mpac.ca)
<kelly.button@mpac.ca>; MPAC (LPUconsents@mpac.ca) <LPUconsents@mpac.ca>; Nancy Steinfield
<Nancy.Steinfield@kitchener.ca>; Park Planning (SM) <Park.Planning@kitchener.ca>; Property Data
Administrator (SM) <PropDataAdmin@kitchener.ca>; Region - Amalia Walker
<AmWalker@regionofwaterloo.ca>; Regional Clerk <regionalclerk@regionofwaterloo.ca>; Region -
Howard Chang (SChang@regionofwaterloo.ca) <SChang@regionofwaterloo.ca>; Planning Applications
<planningapplications@regionofwaterloo.ca>; Region -Tim Walden (TWalden@regionofwaterloo.ca)
<TWalden@regionofwaterloo.ca>; Robert Schipper <Robert.Schipper@kitchen er.ca>; Rogers (SWOGR-
PERMITS@rci.rogers.com) <SWOGR-PERMITS@rci.rogers.com>; Steven Ryder
<Steven.Ryder@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School
Board - Daniel Stojc <stoicd@csviamonde.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board
Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<planning@wrdsb.ca>
Cc: Brian Bateman <Brian.Bateman @kitchener.ca>
Subject: Circulation for Comment - Draft Plan of Vacant Land Condominium (15 Dellroy Avenue)
Please see attached. Additional documentation can be found in AMANDA folder 24-111778 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior
Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869).
Page 131 of 295
Christine Kompter
Administrative Assistant 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 TTY 1-866-969-9994 christine.kompter@kitchener.ca
Page 132 of 295
From: Trevor Heywood <theywood@grandriver.ca>
Sent: Wednesday, May 8, 2024 3:34 PM
To: Brian Bateman
Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium (15
Dellroy Avenue)
You don't often get email from theywood@grandriver.ca. Learn why this is important
Hi Brian,
This is not regulated by the GRCA, and we have no comment.
Regards,
Trevor Heywood B.Sc.(Env.)
Resource Planner
Grand River Conservation Authority
400 Clyde Road, PO Box 729
Cambridge, ON N1 5W6
Phone: 519-621-2761 ext. 2292
Email: theywood(aDgrand river. ca
www.grandriver.ca I Connect with us on social media
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Tuesday, May 7, 2024 12:22 PM
To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP
<circulations@wsp.com>; Canada Post - Brad Biskaborn ( brad. biskaborn@ ca nada post. postescanada.ca)
<brad.biskaborn@ ca nada post. postescanada. ca>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren
Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz
<David.Paetz@kitchener.ca>; Internet - Engineering 9th floor (SM) <engineering@kitchener.ca>; Enova
Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang
<shaun.wang@enovapower.com>; Feras AbdulHadi <Feras.AbdulHadi@kitchener.ca>; Fire Prevention
(SM) <FirePrevention@kitchener.ca>; French Catholic School Board <planification@cscmonavenir.ca>;
Planning <planning@grandriver.ca>; Landuse Planning <landuseplanning@hydroone.com>; Jordan
MacLaughlin <Jordan.MacLaughlin@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; MPAC -
Kelly Button (kelly.button@mpac.ca) <kelly.button@mpac.ca>; MPAC (LPUconsents@mpac.ca)
<LPUconsents@mpac.ca>; Nancy Steinfield <Nancy.Steinfield@kitchener.ca>; Park Planning (SM)
<Park.Planning@kitchener.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Region - Amalia Walker <AmWalker@reeionofwaterloo.ca>; Regional Clerk
<reeionalclerk@reeionofwaterloo.ca>; Region - Howard Chang (SChane@reeionofwaterloo.ca)
<SChang@regionofwaterloo.ca>; Planning Applications<planningapplications@regionofwaterloo.ca>;
Region -Tim Walden (TWalden@ regionofwaterloo.ca) <TWaIden@regionofwaterloo.ca>; Robert
Schipper <Robert.Schipper@kitchener.ca>; Rogers (SWOGR-PERMITS@rci.rogers.com) <SWOGR-
PERMITS@rci.rogers.com>; Steven Ryder <Steven.Ryder@kitchener.ca>; UW-WUSA (Feds)
(pres@wusa.ca) <pres@wusa.ca>; Viamonde School Board - Daniel Stojc <stoicd@csviamonde.ca>;
WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca)
Page 133 of 295
<elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Cc: Brian Bateman <Brian.Bateman@kitchener.ca>
Subject: Circulation for Comment - Draft Plan of Vacant Land Condominium (15 Dellroy Avenue)
Please see attached. Additional documentation can be found in AMANDA folder 24-111778 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior
Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869).
Christine Kompter
Administrative Assistant 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 TTY 1-866-969-9994 christine.kompter@kitchener.ca
o�60om6o
Page 134 of 295
From: WRDSB Planning <planning@wrdsb.ca>
Sent: Friday, May 31, 2024 2:57 PM
To: Brian Bateman; Planning
Subject: Re: [Planning] Circulation for Comment - Draft Plan of Vacant Land
Condominium (15 Dellroy Avenue)
You don't often get email from planning@wrdsb.ca. Learn why this is important
PLANNING
DEPARTMENT
Brian Bateman
May 31, 2024
Re: Notice of Application for Draft Approval - Plan of Condominium (Vacant Land)
File No.: 30CDM-24210
Municipality: Kitchener
Location: 15 Dellroy Ave
Dear Brian,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that
proposes an 18 storey building and 4 storey podium with 238 residential units. The WRDSB offers the
following comments.
Student Accommodation
At this time, the subject lands are currently assigned to the following WRDSB schools:
• Franklin Public School (Junior Kindergarten to Grade 6);
• Sunnyside Public School (Grade 7 to Grade 8); and
• Eastwood Collegiate Institute (Grade 9 to Grade 12).
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 City, 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:
Page 135 of 295
a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB),
accommodation in nearby facilities may not be available for all anticipated students.
You are hereby notified that students may be accommodated in temporary facilities
and/or bussed to a school outside the area, and further, that students may, in future,
be transferred to another school."
b. "For information on which schools are currently serving this area, contact the WRDSB
Planning Department at 519-570-0003 ext. 4419, or email planninq@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 planningO-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 (STS WR), or its
assigns or successors, will not travel on privately owned or
maintained right-of-ways to pick up and drop off students, and so
bussed students will be required to meet the bus at a congregated
bus pick-up point"
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.
Page 136 of 295
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,
""Loo HF
�P CSO
2
o Q
� P
O
,cTSCHOOVe
Senior Planner
Waterloo Region District School Board
51 Ardelt Avenue, Kitchener ON, N2C 2R5
Email: emily bumbacoa-wrdsb.ca
Website: www.wrdsb.ca
On Tue, May 7, 2024 at 12:22 PM Christine Kompter<Christine.Kompter@kitchener.ca> wrote:
Please see attached. Additional documentation can be found in AMANDA folder 24-111778 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman,
Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869).
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
Page 137 of 295
Page 138 of 295
From:
Dave Seller
Sent:
Tuesday, May 7, 2024 12:46 PM
To:
Brian Bateman
Subject:
TS comments: Draft Plan of Vacant Land Condominium (15 Dellroy Avenue)
Transportation Services have no concerns with this application.
Dave Seller, C.E.T.
Traffic Planning Analyst Transportation Services I City of Kitchener
519-741-2200 ext. 7369 TTY 1-866-969-9994 1 dave.sellerp_kitchener.ca
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Tuesday, May 7, 2024 12:22 PM
To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP
<circulations@wsp.com>; Canada Post - Brad Biskaborn ( brad. biskaborn@ ca nada post. postescanada.ca)
<brad.biskaborn@ ca nada post. postescanada. ca>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren
Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz
<David.Paetz@kitchener.ca>; Internet - Engineering 9th floor (SM) <engineering@kitchener.ca>; Enova
Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang
<shaun.wang@enovapower.com>; Feras AbdulHadi <Feras.AbdulHadi@kitchener.ca>; Fire Prevention
(SM) <FirePrevention@kitchener.ca>; French Catholic School Board<planification @cscmonavenir.ca>;
GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Landuse Planning
<landuseplanning@hydroone.com>; Jordan MacLaughlin<Jordan.MacLaughlin@kitchener.ca>; Justin
Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike
Seiling <Mike.Seiling@kitchener.ca>; MPAC - Kelly Button (kelly.button@mpac.ca)
<kelly.button@mpac.ca>; MPAC (LPUconsents@mpac.ca) <LPUconsents@mpac.ca>; Nancy Steinfield
<Nancy.Steinfield@kitchener.ca>; Park Planning (SM) <Park.Planning@kitchener.ca>; Property Data
Administrator (SM) <PropDataAdmin@kitchener.ca>; Region - Amalia Walker
<AmWalker@reeionofwaterloo.ca>; Regional Clerk<reeionalclerk@reeionofwaterloo.ca>; Region -
Howard Chang (SChane@reeionofwaterloo.ca) <SChane@reeionofwaterloo.ca>; Planning Applications
<plannineapplications@reeionofwaterloo.ca>; Region -Tim Walden (TWalden@reeionofwaterloo.ca)
<TWalden@reeionofwaterloo.ca>; Robert Schipper <Robert.Schipper@kitchen er.ca>; Rogers (SWOGR-
PERMITS@rci.rogers.com) <SWOGR-PERMITS@rci.rogers.com>; Steven Ryder
<Steven.Ryder@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School
Board - Daniel Stojc <stoicd@csviamonde.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board
Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<planning@wrdsb.ca>
Cc: Brian Bateman <Brian.Bateman@kitchener.ca>
Subject: Circulation for Comment - Draft Plan of Vacant Land Condominium (15 Dellroy Avenue)
Please see attached. Additional documentation can be found in AMANDA folder 24-111778 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior
Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869).
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
Page 139 of 295
00000000
Page 140 of 295
From: WRDSB Planning <planning@wrdsb.ca>
Sent: Friday, May 31, 2024 2:57 PM
To: Brian Bateman; Planning
Subject: Re: [Planning] Circulation for Comment - Draft Plan of Vacant Land
Condominium (15 Dellroy Avenue)
You don't often get email from planning@wrdsb.ca. Learn why this is important
PLANNING
DEPARTMENT
Brian Bateman
May 31, 2024
Re: Notice of Application for Draft Approval - Plan of Condominium (Vacant Land)
File No.: 30CDM-24210
Municipality: Kitchener
Location: 15 Dellroy Ave
Dear Brian,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that
proposes an 18 storey building and 4 storey podium with 238 residential units. The WRDSB offers the
following comments.
Student Accommodation
At this time, the subject lands are currently assigned to the following WRDSB schools:
• Franklin Public School (Junior Kindergarten to Grade 6);
• Sunnyside Public School (Grade 7 to Grade 8); and
• Eastwood Collegiate Institute (Grade 9 to Grade 12).
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 City, 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:
Page 141 of 295
a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB),
accommodation in nearby facilities may not be available for all anticipated students.
You are hereby notified that students may be accommodated in temporary facilities
and/or bussed to a school outside the area, and further, that students may, in future,
be transferred to another school."
b. "For information on which schools are currently serving this area, contact the WRDSB
Planning Department at 519-570-0003 ext. 4419, or email planninq@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 planningO-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 (STS WR), or its
assigns or successors, will not travel on privately owned or
maintained right-of-ways to pick up and drop off students, and so
bussed students will be required to meet the bus at a congregated
bus pick-up point"
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.
Page 142 of 295
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,
""Loo HF
�P CSO
2
o Q
� P
O
,cTSCHOOVe
Senior Planner
Waterloo Region District School Board
51 Ardelt Avenue, Kitchener ON, N2C 2R5
Email: emily bumbacoa-wrdsb.ca
Website: www.wrdsb.ca
On Tue, May 7, 2024 at 12:22 PM Christine Kompter<Christine.Kompter@kitchener.ca> wrote:
Please see attached. Additional documentation can be found in AMANDA folder 24-111778 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman,
Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869).
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
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