HomeMy WebLinkAboutDSD-2024-257 - Draft Plan of Condominium Application (Vacant Land) - 30CDM-24205 - 455-509 Mill Street - Polocorp Inc.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: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: May 17, 2024
REPORT NO.: DSD -2024-257
SUBJECT: Draft Plan of Condominium Application (Vacant Land) 30CDM-
24205 455-509 Mill Street
Polocorp Inc.
RECOMMENDATION:
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O.
1990, c.P.13, as amended, and By-law 2023-103, hereby grants draft approval to
Draft Plan of Condominium Application 30CDM-24205 for 455-509 Mill Street 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 455-509 Mill
Street.
• Community engagement for the VLC application included:
o Circulation of a notice letter to owners of property within 240 metres of the subject
property;
o Staff received 1 neighbourhood response and corresponded directly with the
member of the public; and,
o Notice of the public meeting was advertised in The Record on May 24, 2024.
• 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 146 of 295
EXECUTIVE SUMMARY:
The owner of the property at 455-509 Mill Street is proposing to obtain draft approval for a
4 -Unit VLC which will consist of 4 Units and common elements representing each of the
residential buildings. The Unit breakdown is as follows:
• Unit 1- 32 storey mixed use building with underground parking.
• Unit 2- 15 storey mixed use building with underground parking.
• Unit 3- 40 and 44 storey mixed use buildings with underground parking.
• Unit 4- 21 storey mixed use building with underground parking.
Internal drive aisles, landscaped areas, and walkways will make up the common elements.
Official Plan and Zoning By -Law amendments were previously approved for this project and
are not the subject of this report.
Staff is supportive of the proposed application for the subject lands.
BACKGROUND:
The Owner, Polocorp Inc., has made application to the City of Kitchener for a Draft Plan of
VLC.
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The subject lands are addressed as 455-509 Mill Street and are located near the
intersection of Mill Street and Ottawa Street South. The subject property has a lot area of
2.17 hectares (5.36 acres) with approximately 195 metres of frontage along Mill Street.
Page 147 of 295
The subject lands are located within the City's delineated built up area, and within a
Protected Major Transit Station Area (PMTSA). The lands are identified as a PMTSA in
the 2014 Kitchener Official Plan. In the City's Official Plan on Map 2 — Urban Structure the
lands are within the MTSA circle for the Mill station and shown as a PMTSA in the
Regional Official Plan.
In April 2023, Council approved Official Plan and Zoning By-law Amendments on the
subject lands which changed the Official Plan designation from `General Industrial
Employment' to `Mixed Use with Site Specific Policy Area No. 62' in the City of Kitchener
Official Plan, and changed the zoning from `General Industrial Zone (M-2)' in Zoning By-
law 85-1 to `Mixed Use Three (MIX -3) with Site Specific Provision (362) and Holding
Provision 43H' in Zoning By-law 2019-051 to permit the development of a high intensity
mixed use development.
The proposed Vacant Land Condominium application was submitted and deemed
complete prior to Council approving Growing Together in March 2024. Future site plan
applications will be required for the subject lands.
REPORT:
The owner of the subject lands is proposing a VLC which will consist of 4 Units and common
elements representing each of the residential buildings. The Unit breakdown is as follows:
• Unit 1- 32 storey mixed use building with underground parking.
• Unit 2- 15 storey mixed use building with underground parking.
• Unit 3 - 40 and 44 storey mixed use buildings with underground parking.
• Unit 4 - 21 storey mixed use building with underground parking.
Internal drive aisles, landscaped areas, and walkways will make up the common elements.
A VLC is similar to a plan of subdivision except that any roadways are privately -owned rather
than publicly owned and lots are referred to as "units" in a VLC.
Staff is supportive of the proposed application for the subject lands.
The residential development consisting of 4 Units to be developed with future mixed use
buildings is permitted on the lands as per the policies in the City's Official Plan and
regulations in the City's Zoning By-law 2019-051. Future site plan applications will be
required for the subject lands.
The Vacant Land Condominium Application proposes to create Units 1 through 4 and a
common element area as shown on the Vacant Land Condominium Plan (attached as
Appendix `A').
The purpose of the Vacant Land Condominium Application is to permit the individual
ownership (tenure) of each of the residential dwelling units within the buildings on the
subject property.
Page 148 of 295
Provincial Policy Statement, 2020
The Provincial Policy Statement (PPS) sets the policy foundation for regulating the
development and use of land. The PPS promotes building healthy, liveable and safe
communities, the efficient development of lands and provision of a range of housing types
and densities.
Housing related policies in the PPS encourage providing an appropriate range and mix of
housing options and densities to meet projected market-based needs of current and future
residents. The PPS also promotes directing the development of new housing towards
locations where appropriate levels of infrastructure and public service facilities are
available to make efficient use of land. The proposed development is consistent with the
PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan):
The Growth Plan promotes development that contributes to complete communities,
creates street configurations that support walking, cycling and sustained viability of transit
services and which creates high quality public open spaces.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the
achievement of the minimum intensification and targets in this Plan, as well as the other
policies of this Plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected
needs of current and future residents.
Planning staff are of the opinion that the applications conform to the policies of the Growth
Plan.
Regional Official Plan (ROP) 2023:
The subject lands are located within the "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 and
commercial uses, among others.
The subject lands are in the Mill Station (MTSA) in the ROP. The minimum density target
within the Mill Station MTSA is 160 people and jobs/ha. The future development of the
subject lands will contribute to the achievement of the overall density target for the Mill
Station MTSA. Regional policies require Area Municipalities to plan for a range of housing
in terms of form, tenure, density and affordability to satisfy the various physical, social,
economic and personal support needs of current and future residents.
Based on Staff review and comments from the Region of Waterloo, Staff is of the opinion
that the application conforms to the Regional Official Plan.
Official Plan
The 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
Page 149 of 295
Intensification Areas include the Urban Growth Centre, Protected Major Transit Station
Areas (PMTSAs), Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of
the Official Plan. The subject lands are located within a PMTSA. The planned function of
the PMTSAs is to provide densities that will support transit, and achieve a mix of
residential, office, institutional and commercial uses. They are also intended to have
streetscapes and a built form that is pedestrian -friendly and transit -oriented.
Policies also require that development applications in PMTSAs give consideration to the
Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan.
Generally, the Transit -Oriented Development policies support a compact urban form, that
supports walking, cycling and the use of transit, by providing a mix of land uses in close
proximity to transit stops, to support higher frequency transit service and optimize transit
rider convenience. These policies also support developments which foster walkability by
creating safe and comfortable pedestrian environments and a high-quality public realm.
The subject lands are designated `Mixed Use' with `Site Specific Policy Area No. 62' in the
City of Kitchener's Official Plan. The Mixed Use land use designation plays an important
role in achieving the planned function of the MTSA intensification area. Lands designated
Mixed Use have the capacity to accommodate additional density and intensification of
uses. Development and redevelopment of lands within lands designated Mixed Use must
implement a high standard of urban design. Site Specific Policy Area No. 62 allow for a
maximum Floor Space Ratio (FSR) of 8.5.
The City's Official Plan contains policies that speak to provision of housing, including
redevelopment:
Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing
types and tenures such as rental housing, freehold ownership and condominium
ownership including common element condominium, phased condominium, and vacant
land condominium, as a means of increasing housing choice and diversity.
Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full
range of housing types and styles both across the city as a whole and within
neighbourhoods.
Based on the above housing policies, staff is of the opinion that the application conforms
to the Official Plan.
Department and Agency Comments:
A copy of all comments received from the commenting agencies and City departments are
attached as Appendix `C'. There are no outstanding concerns with the proposed
application.
Community Input and Staff Responses:
Staff received 1 written response from a nearby resident (attached as Appendix `D'). The
residents had concerns with the height of the buildings, and density of the proposed
development along with traffic impacts. Planning staff responded directly to the resident by
email to answer their questions and concerns and explained that only the tenure is being
Page 150 of 295
considered and that the height and density was previously approved by Council in April
2023.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the committee meeting. A notice of the public meeting was placed in the newspaper on
May 24, 2024 (Appendix `B').
CONSULT — The Application was circulated to property owners within 240 metres of the
subject lands on March 7, 2024 as per Planning Act requirements. This report will be
posted to the City's website with the agenda in advance of the committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• Zoning By-law 85-1 and 2019-051
• Official Plan, 2014
• Regional Official Plan, 2023 (amended by ROPA 6)
• Provincial Policy Statement, 2020
• Planning Act, 1990
• Growth Plan, 2020
REVIEWED BY: Malone -Wright, Tina —Manager of Development Approvals, Development
and Housing Approvals Division
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Appendix A — Draft Approval Conditions and Draft Plan of Condominium 30CDM-24205
Appendix B — Newspaper Notice
Appendix C — Department and Agency Comments
Appendix D — Neighbourhood Comments
Page 151 of 295
Page 152 of 295
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Appendix "A"
DSD -2024-257
DRAFT PLAN OF CONDOMINIUM 30CDM-24205
455-509 Mill Street
Polocorp 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-24205 for 455-509 Mill Street in the City of Kitchener, subject to
the following conditions:
That this approval applies to Draft Condominium 30CDM-24205 owned by Polocorp Inc.,
dated March 4, 2024, proposing a Vacant Land Condominium Plan for 2.17 hectares of
land comprised of 4 units and common elements.
Units 1-4: mixed use residential units.
Common Elements: Internal drive aisle, walkways, and landscape areas.
Other Lands: Parkland Dedication (341.8 square metres) not part of the condominium.
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.
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
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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 Manager and
Commissioner;
b. the lands in any phase registered after the initial registration of the Declaration
and Description have, following the registration of such phase, either direct
access or access pursuant to one or more easements satisfactory to the City's
Director of Development and Housing Approvals and the Region's
Commissioner of Planning, Development and Legislative Services to
c. all required municipal and other services and such adjacent street(s) for
ingress and egress as required by the said Manager and Commissioner, -
d. the remainder of the lands of the approved condominium plan not yet
registered as part of the proposed condominium plan have, following the initial
registration of the Declaration and Description or any phase thereof, either
direct access or access pursuant to one or more easements satisfactory to the
City's 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 Manager or
Commissioner may deem necessary to establish compliance with any one or
more of the conditions set out in the three subparagraphs immediately above.
vi) That Despite the best efforts of the Waterloo Region District School Board
(WRDSB), accommodation in nearby facilities may not be available for all
anticipated students. You are hereby notified that students may be accommodated
in temporary facilities and/or bussed to a school outside the area, and further, that
students may, in future, be transferred to another school. For information on which
schools are currently serving this area, contact the WRDSB Planning Department at
519-570-0003 ext. 4419, or email plan ning(u-)wrdsb.ca. Information provided by any
other source cannot be guaranteed to reflect current school assignment
information. In order to limit liability, public school buses operated by the Student
Transportation Services of Waterloo Region (STSWR), or its assigns or successors,
will not travel on privately owned or maintained right-of-ways to pick up students,
Page 154 of 295
and potential busing students will be required to meet the bus at a congregated bus
pick-up point.
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 Centralized Mail Boxes.
7. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
8. That the Owner shall make arrangements for the granting of any easements for utilities and
municipal services. The Owner agrees to comply with the following easement procedure:
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 of the funds so secured and hold them as security to guarantee completion
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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:
ii) 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.
iii) 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 registration, or prior to final site plan approval, the Owner shall provide
Parkland Dedication as a combination of land (a minimum of 341.8 square metres as
shown on the draft VLC plan) to be provided free of any encumbrances to the satisfaction
of the City of Kitchener, and cash in lieu of land will be required.
14. 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;
15. That prior to final approval, the Owner/Developer shall enter into a registered development
agreement with the Regional Municipality of Waterloo and implement the following warning
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clause within the Condominium Declaration and all purchase and sale/lease/rental
agreements to the satisfaction of the Regional Municipality of Waterloo:
"Owners are advised that all units in this plan of condominium are located within or in close
proximity to one of the flight paths leading into and out of the Region of Waterloo
International Airport and that directional lighting along this path and noise from aircraft using
the flight path may cause concern to some individuals."
16. That prior to final approval, the Owner/Developer shall enter into a registered development
agreement (if required) with the City of Kitchener and/or Regional Municipality of Waterloo
to implement the recommendations contained within the detailed stationary noise study,
including the implementation of any noise warning clauses within the Condominium
Declaration and purchase and sale/lease/rental agreements; all to the satisfaction of the
Regional Municipality of Waterloo.
17. That prior to final approval, the Owner/Developer shall enter into a registered development
agreement with the Regional Municipality of Waterloo to implement the recommendations
contained in the noise study entitled Noise and Vibration Feasibility Study, Proposed
Mixed -Use Development, 459-509 Mill Street, Kitchener, Ontario" dated July 13, 2022
prepared by HGC Engineering including air conditioning and special building components;
all to the satisfaction of the Regional Municipality of Waterloo. Furthermore, the following
noise warning clauses shall be implemented within the Registered Development
Agreement with the Regional Municipality of Waterloo and the Owner/Developer agrees to
implement the following noise warning clauses within the Condominium Declaration and all
offers of purchase and sale/lease/rental agreements:
"Purchasers/tenants are advised that despite the inclusion of noise control features in the
development and within the building units, sound levels due to increasing road and rail
traffic may occasionally interfere with some activities of the dwelling occupants as the
sound level limits of the Municipality and the Ministry of the Environment, Conservation and
Parks. "
"This dwelling unit has been supplied with a central air conditioning system which will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels
are within the sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks. "
"Canadian National Railway Company or its assigns or successors in interest has or have a
rights-of-way within 300 meters from the land of subject hereof. There may be alterations to
or expansions of the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid may expand its
operations, which expansion may affect the living environment or the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in
the design of the development and individual dwelling(s). CNR will not be responsible for
any complaints or claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
Further to the above, should any additional implementation measures be recommended,
they shall be implemented through the Registered Development agreement with the
Regional Municipality of Waterloo and/or City of Kitchener.
18. That prior to final approval, the Owner/ Developer shall include provisions within the
Condominium Declaration for the Condominium Corporation and Unit Owners to comply
Page 157 of 295
with the negotiated Risk Management Plan for salt application (prepared by Polocorp Inc.,
dated July 11, 2022).
19. 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,
20. 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:
1. 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 20 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 14 through
20 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 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.
5. This draft plan was received on March 1, 2024 and deemed complete on March 4, 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
Page 158 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.
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 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 159 of 295
NOTICE OF PUBLIC MEETING /
for a development in your neighbourhood
455-509 Mill Street\6
KjTE;xff-NER
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
UMt Date: June 17, 2024
x Location: Council Chambers,
Al2
��,? Kitchener City Hall
201 Ding Street West
orVirtual Zoom Meeting
UMT 3
flR79 fi
Go to kitchener.ca/meetings
and select:
PLAN V EWILLU9 N UN1 4. INCLU
EYEL DN L. AT GEDDETIC ELEVATION 326.170
Concept Plan
Vacant Land Condominium
• 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:
Craig Dumart, Senior Planner
craig.dumart@ kitchener.ca
519.741.2200 x7073
The City of Kitchener will consider an application proposing a Vacant Land Condominium (VLC)
which will consist of 4 units and common element areas. 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.
Unit 1 will contain a future 32 storey mixed use building with underground parking, unit 2 will
contain a future 15 storey mixed use building with underground parking, unit 3 will contain future
40 and 44 storey mixed use buildings with underground parkin -2 '' ei1t6E)II0fnf iq?1 storey
mixed use buildin with underground parking. Internal drive aisles Tandsca ed areas and walkways
g g P g � P � y
will make up the common elements.
Region of Waterloo
Craig Dumart
Senior Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Dumart,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Melissa Mohr 1-226-752-8622
File: D1920/2/24205
April 25, 2024
Re: Proposed Vacant Land Plan of Condominium
30CDM-24205
459-509 Mill Street
Matthew Warzecha and Gursimran Saini of Polocorp Inc.
(C/O Mike Puopolo)
CITY OF KITCHENER
The Region has prepared the following comments relating to the above noted Vacant
Land Plan of Condominium at 459-509 Mill Street 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 4 units
and common elements with each unit corresponding to a building as follows:
Unit 1: 32 storey mixed-use building with underground parking
Unit 2: 15 storey mixed-use building with underground parking
Unit 3: 40 and 44 storey mixed-use building with underground parking
Unit 4. 21 storey mixed-use building with underground parking
Internal drive aisles, landscaped areas, and walkways make up the common elements.
The subject lands are located in the Urban Area of the Region and are Delineated Built
Up Area in the Regional Official Plan. Furthermore, the subject lands are located in the
Document Number: 4636536
Version: 1
Page 161 of 295
Mill Station Major Transit Station Area. In addition, the subject lands are designated
Mixed Use with Special Policy Area 62 in the Mill Courtland Woodside Park
Neighbourhood Secondary Plan in the City of Kitchener Official Plan and zoned Mixed
Use Three (MIX -3) Zone with Special Regulation 362R and Holding Provision 43H in
the City of Kitchener Zoning By-law. The subject lands were previously the subject of
an Official Plan Amendment and Zoning By-law Amendment (File Nos. OPA22/08 and
ZBA22/015).
These comments relate to the Draft Plan of Vacant Land Plan of Condominium
prepared by City of Kitchener, dated March 4, 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 Mixed Use with Special
Policy Area 62 in the Mill Courtland Woodside Park Neighbourhood Secondary Plan 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 and commercial uses, among
others.
Regional staff have no objection to the application, and have the following technical
comments and conditions related to the proposal:
Region of Waterloo International Airport:
The development is located within the Airport Zoning Regulated Area with an allowable
elevation of 459.5m ASL. Regional staff acknowledge the developer completed an
aeronautical assessment showing that airport operations are not impacted until reaching
an elevation of 487m ASL (1600ft ASL) through the previously reviewed Official Plan
Amendment and Zoning By-law Amendment.
The concept plan provided with the submission shows `Tower B' has an estimated top
elevation of 469.7m ASL, leaving 17.3m available above the building for any cranes.
Please be advised that all cranes must remain below 487m ASL.
In addition, the developer must submit a Land Use Application to Nav Canada for the
buildings and cranes, and obtain a letter of no objection as part of the future site plan
approval process. The developer must also submit an Aeronautical Assessment Form
to Transport Canada for buildings above the AZR or more then 90m tall through the site
plan approval process.
The Land Use Application to Nav Canada can be found here:
https://www.navcanada.ca/en/aeronautical-information/land-use-program.aspx
Document Number: 4636536 Version: 1
Page 162 of 295
The application form can be found here: https://tc.canada.ca/en/aviation/general-
operating-flight-rules/marking-lighting-obstacles-air-navigation
Further to the above, as the subject lands are within an approach surface leading into
and out of the Region, the following warning clause shall be implemented through a
Registered Development Agreement with the Regional Municipality of Waterloo:
"Owners are advised that all units in this plan of condominium are located within or in
close proximity to one of the flight paths leading into and out of the Region of Waterloo
International Airport and that directional lighting along this path and noise from aircraft
using the flight path may cause concern to some individuals."
Corridor Planning
Environmental Noise.-
Through
oise:Through previously reviewed Official Plan Amendment and Zoning By-law Amendment
applications, Regional staff reviewed the noise study entitled "Noise and Vibration
Feasibility Study, Proposed Mixed -Use Development, 459-509 Mill Street, Kitchener,
Ontario" dated July 13, 2022 prepared by HGC Engineering.
The study has determined that noise levels at various locations within the proposed
development will exceed the Region of Waterloo and the Ministry of the Environment
Conservation and Parks (MECP) noise limits. Noise mitigation measures i.e. installation
of air-conditioning, special building components (walls, windows, doors etc.) and noise
warning clauses will be required for all units in the development to achieve the indoor
noise level criteria. The study determined that the proposed noise sensitive aspects of
the proposed development will be feasible and the following shall be implemented
through a registered development agreement with the Regional Municipality of Waterloo
as a condition of draft plan approval:
All residential units within the proposed development at 459-509 Mills Street,
Kitchener must be constructed with air conditioning and special building components
and include the following noise warning clauses in any agreements of Offers of
Purchase and Sale, Lease/Rental Agreements, and/or Condominium Declarations.
"Purchasers/tenants are advised that despite the inclusion of noise control features in
the development and within the building units, sound levels due to increasing road
and rail traffic may occasionally interfere with some activities of the dwelling
occupants as the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
"This dwelling unit has been supplied with a central air conditioning system which will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Municipality and the Ministry of
the Environment, Conservation and Parks."
Document Number: 4636536 Version: 1
Page 163 of 295
"Canadian National Railway Company or its assigns or successors in interest has or
have a rights-of-way within 300 meters from the land of subject hereof. There may be
alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment or the
residents in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual dwelling(s).
CNR will not be responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid rights-of-way."
2. Minimum Glazing STC Ratings shall be included in the building in accordance with
the following:
Table 6: Required Minimum Glazing STC for Specific Facades
Prediction `
Locations
Desctipt+ion
'Glazing srcl� 2
[A]
Southwest fagade of Towers D, and F
STC -33
[B]
Eastern fagade of Towers A. B, C. D, E, and F
STC -33
[C]
Southwest facade of Towers A and C
STC -33
[D]
Western and southern fagades of Towers A, C, D, and F
STC -33
[E]
Southwest €agade of Towers B and E
STC -33
Dote:
'Based on assumed window to floor area ratios of 60% (40% fixed and 20% operable).
' STC requirement refers to fixed glazing. Small leaks through operable door and windows are
assumed, however, tight weather sealss should he provided to reduce such leakage to the extent feasible.
s Sound entering through windows and wall comprised of precast masonry panus, and spanch-el glass
panels
OBC — Ontario Building Code
3. The buildings shall be constructed with a brick veneer or masonry equivalent for
residential units adjacent to and within 75m of the CN rail line.
4. The location and installation of any outdoor/indoor air conditioning devices shall be
installed to minimize the noise impacts and comply with the criteria of the Municipality
and the Ministry of the Environment, Conservation and Parks publication (NPC -300).
5. Prior to the issuance of building permits for this development, a Professional
Engineer qualified to provide acoustical engineering services in the Province of
Ontario are to certify that the suggested noise control measures have been properly
incorporated in the building design and plans, and upon completion of construction,
the Municipality's building inspector or a Professional Engineer qualified to provide
Document Number: 4636536 Version: 1
Page 164 of 295
acoustical engineering services in the Province of Ontario will certify that the dwelling
units have been constructed accordingly.
Transit/ION Parking Easements/Access:
In anticipation of pedestrian access through the site to the ION station and vice versa,
please ensure the site is designed to facilitate safe access to and from the subject lands
to the Region's Mill ION Station. In addition, please be advised that the Region may
require easements for access and/or drainage through the site plan process.
Stationary Noise:
Through the previously reviewed Official Plan Amendment and Zoning By-law
Amendment, a Holding Provision was implemented within the site specific Zoning By-
law Amendment (File No. ZBA22/015) to obtain a satisfactory detailed stationary noise
study. The Region shall require that the recommended implementation measures
contained in the detailed stationary noise study to be implemented through a registered
development agreement between the Owner/Developer and the City of Kitchener and
that any required warning clauses be implemented within the Condominium Declaration
and Purchase and Sale/Lease/Rental Agreements as a condition of draft plan approval.
Record of Site Condition/Environmental Threats
There are numerous medium and high environmental threats on and adjacent to the
subject lands according to the Region's Threats Inventory Database that require a
Record of Site Condition and Ministry Acknowledgement Letter for the entirety of the
subject lands in accordance with the Region's Implementation Guidelines.
Regional staff acknowledge that the subject lands were the subject of an Official Plan
Amendment and Zoning By-law Amendment (Files No. OPA22/08 and ZBA22/015) and
a holding provision was implemented to obtain the Record of Site Condition and Ministry
Acknowledgement Letter.
Risk Management/Part 4 of the Clean Water Act
The applicant/owner has negotiated a provisional risk management plan for salt
application. Regional staff require the require provisions for salt management to be
implemented within the Condominium Declaration as a condition of draft plan approval.
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
Document Number: 4636536 Version: 1
Page 165 of 295
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
$1,960
which do not exceed 30 percent of gross
$418,100
annual household income for low and
moderate income households
Bachelor: $1,075
Housing for which the purchase price is
1 -Bedroom: $1,245
at least 10 percent below the average
$679,300
purchase price of a resale unit in the
3 -Bedroom: $1,631
regional market area
4+ Bedroom: n/a
'Based on the most recent information available from the PPS Housing Tables (2022).
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $418,100.
For the purposes of evaluating the affordability of a rental unit, based on the definition of
affordable housing in the Regional Official Plan, the average rent is compared to the
least expensive of
A unit for which the rent does not exceed
30 per cent of the gross annual
$1,960
household income for low and moderate
income renter households
A unit for which the rent is at or below the
Bachelor: $1,075
average market rent (AMR) in the
1 -Bedroom: $1,245
regional market area
2 -Bedroom: $1,469
3 -Bedroom: $1,631
4+ Bedroom: n/a
'Based on the most recent information available from the PPS Housing Tables (2022)
Document Number: 4636536 Version: 1
Page 166 of 295
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-24205, 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 enter into a registered
development agreement with the Regional Municipality of Waterloo and implement
the following warning clause within the Condominium Declaration and all purchase
and sale/lease/rental agreements to the satisfaction of the Regional Municipality of
Waterloo:
"Owners are advised that all units in this plan of condominium are located within or in
close proximity to one of the flight paths leading into and out of the Region of
Waterloo International Airport and that directional lighting along this path and noise
from aircraft using the flight path may cause concern to some individuals."
3) THAT prior to final approval, the Owner/Developer shall enter into a registered
development agreement (if required) with the City of Kitchener and/or Regional
Municipality of Waterloo to implement the recommendations contained within the
detailed stationary noise study, including the implementation of any noise warning
clauses within the Condominium Declaration and purchase and sale/lease/rental
agreements; all 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 to implement the
recommendations contained in the noise study entitled Noise and Vibration
Feasibility Study, Proposed Mixed -Use Development, 459-509 Mill Street, Kitchener,
Ontario" dated July 13, 2022 prepared by HGC Engineering including air conditioning
and special building components; all to the satisfaction of the Regional Municipality of
Waterloo. Furthermore, the following noise warning clauses shall be implemented
within the Registered Development Agreement with the Regional Municipality of
Waterloo and the Owner/Developer agrees to implement the following noise warning
clauses within the Condominium Declaration and all offers of purchase and
sale/lease/rental agreements:
Document Number: 4636536 Version: 1
Page 167 of 295
"Purchasers/tenants are advised that despite the inclusion of noise control features in
the development and within the building units, sound levels due to increasing road
and rail traffic may occasionally interfere with some activities of the dwelling
occupants as the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
"This dwelling unit has been supplied with a central air conditioning system which will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Municipality and the Ministry of
the Environment, Conservation and Parks."
"Canadian National Railway Company or its assigns or successors in interest has or
have a rights-of-way within 300 meters from the land of subject hereof. There may be
alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment or the
residents in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual dwelling(s).
CNR will not be responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid rights-of-way."
Further to the above, should any additional implementation measures be
recommended, they shall be implemented through the Registered Development
agreement with the Regional Municipality of Waterloo and/or City of Kitchener.
5) 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 (prepared by
Polocorp Inc., dated July 11, 2022).
6) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a
copy of the registered development agreement between the Owner/Developer and
the City of Kitchener, and,
7) 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 $3,550.00 (deposited March 21, 2024).
Document Number: 4636536 Version: 1
Page 168 of 295
General Comments
Any future development on the lands subject to the above -noted application will be
subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof.
Please accept this letter as our request for a copy of the decision pertaining to this
application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
C. Polocorp Inc. C/O Mike Puopolo (Owner)
Polocorp Inc. C/O Matthew Warzecha and Gursimran Saini (Applicants)
Encl.
Document Number: 4636536 Version: 1
Page 169 of 295
Condominium Circulation Response Form
Notice for Application for Draft Approval - Plan of Condominium (Vacant Land)
File Number: 30CDM-24205
Location: 455-509 Mill Street
Owner: POLOCORP INC
OPA22/008/M/CD and ZBA22/015/K/CD
Parkland Dedication
Parkland Dedication as a combination of land and cash in lieu of land will be required as a condition of
Draft Approval.
For the physical land to be dedicated the following items are required:
1. Due diligence in environmental analyses including Phase I ESA as per current version of CSA -Z768),
and, if required Phase II ESA as per current version of CSA Z769: If results of ESA are deemed
acceptable by City of Kitchener, the property will be accepted as parkland dedication, given that all
other requirements are met. If contamination is revealed through ESA, the developer shall incur all
costs to remediate prior to dedication of property to the city.
2. Legal survey of the dedication portion of the property;
3. Demolition and removal of all existing structures within the dedicated property including but not
limited to all foundations, servicing, above ground structures, and hard surfacing;
4. Removal of all existing rubbish or debris within the property boundaries
5. Park Block development minimum requirements are met, as specified in section L.S. of the Kitchener
Development Manual, including grading, servicing, topsoil, seeding and sodding;
6. Topographic survey of the dedication portion of the property following park block development
Parkland Dedication calculations
Lot area 2.1738 ha, 5 towers, up to 44 storeys, —1500 units, FSR 8.5
Land valuation rate $19,768,000/ha
Proposed land dedication of 0.03418ha (341.8m2)
New commercial GFA is also proposed in the development but is not subject to parkland dedication as
per Bylaw 2022-101 and the Parkland Dedication Policy.
Straight cash in lieu:
2.1738ha x $19,768,000/ha x 0.05 = $2,148,584 (5% area rate)
1500 units x 1ha/1000units x $19,768,000/ha = $29,652,000 (Bylaw 2022-101 alternative rate)
1500 units x $11,862 = $17,793,000 (City of Kitchener capped rate)
Page 170 of 295
2.1738ha x $19,768,000/ha x 0.1= $4,297,168 (MHBFA 10% cap has been reached)
Combination of land dedication and cash in lieu of land
Assuming a land dedication of 0.03418ha (341.8m2)
0.03418ha x $19,768,000/ha = $675,670
2.1738ha x $19,768,000/ha x 0.1= $4,297,168 - $675,670 (land value) _ $3,621,498 additional as cash
in lieu
Through the OPA/ZBA applications the developer has proposed privately owned publicly accessible
spaces (POPS) and while Bylaw 2022-101 and the Bill 23 changes to the Planning Act allow for POPS
spaces the development proposal is still at a preliminary stage and there are no detailed design
drawings that will allow the suitability of these spaces to be assessed for credit or value and they cannot
be considered for credit at this time.
Similarly, through the OPA/ZBA the developer has indicated that affordable housing would be provided
through the development, but no secure commitments have been registered and therefore no credits or
reductions can be considered relative to parkland dedication fees.
Parks & Cemeteries
Department/Agency
March 07 2024
Date
LevtorelRos-k
Signature of Representative
Page 171 of 295
Craig Dumart
From:
Sent:
To:
Cc:
Subject:
WRDSB Planning <planning@wrdsb.ca>
Friday, April 5, 2024 1:26 PM
Craig Dumart
Planning
Re: [Planning] Circulation for Comment - Draft Plan of Vacant Land Condominium
30CDM-24205 (459-509 Mill Street)
via email
Craig Dumart
Senior Planner
craig.dumart(c-),kitchener.ca
April 4, 2024
Re: Notice of Application for Draft Plan of Vacant Land Condominium
File No.: 30CDM-24205
Municipality: Kitchener
Location: 455-509 Mill Street
Owner/Applicant: Polycorp
Craig,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes a mixed
use development including 5 residential towers between 15-44 storeys. The WRDSB offers the following comments.
Student Accommodation
At this time, the subject lands are within the boundaries of the following WRDSB schools:
• Queen Elizabeth Public School (Junior Kindergarten to Grade 6)
• Courtland Avenue Public School (Grade 7 to Grade 8)
• Cameron Heights CI (Grade 9 to Grade 12)
The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on facility utilization at these facilities.
Interim student accommodation measures, including portable classrooms, are presently on-site and may be required until
an alternative accommodation solution is in place. Alternatively, the WRDSB may conduct a boundary study or designate
this property as a "Development Area" and assign it to Holding Schools before occupancy or sales.
In order to adequately assess and model student enrolment from this development, WRDSB Planning requires more
detail regarding the residential unit count and breakdown. Please provide this information as soon as it is available.
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 172 of 295
Infernal memo
Development Services Department
www.kitchener.ca
Date of Meeting: April 01, 2024
Planner/Staff on File: Craig Dumart
From: Jason Brule, C.E.T., Engineering Technologist 519-741-2200 x 7419
Subject: Site Address: 455-509 Mill Street
Owner: Polocorp
Applicant: Polocorp
Type of Application:
❑ Site Plan ❑ Zone Change ❑ Official Plan Amendment
® Draft Plan of Condominium
Engineering Comments:
1. A servicing plan must be approved as part of the Site Plan process to the satisfaction of
the Engineering Division prior to condo registration.
2. The proposed services throughout the property, including storm and sanitary sewers,
watermain, and stormwater infrastructure, must be within the "common element" in the
declaration and reference plan or located in easements in the reference plan, and be
registered on title to the properties, in favour of the condo board regardless of depth or
location allowing the condo board maintenance access. The declaration and or
reference plan must be reviewed and approved to the satisfaction of the Engineering
Division prior to condo registration.
Page 173 of 295
Craig Dumart
From: Wanda West
Sent: Sunday, March 17, 2024 9:19 PM
To: Craig Dumart; Debbie Chapman
Subject: 459- 509 Mill street
Hi Craig and Debbie!
I received the flyer about the condominiums going up on Mill Street. We live at
And while this property is not in my backyard, they are very close and we do travel, walk, run and bike down Mill
street on a daily basis.
I'm sorry that I wasn't able to attend the meetings in regard to this application. However, I do have a few concerns about
the development being built on Mill street as it is close to our home.
First, I'm not loving the height and number of stories of these buildings. I feel like they will be towering over our
neighborhood. I truly don't feel like these buildings belong in a single dwelling/low rise neighbourhood. It seems that
the buildings will be on a condensed parcel of land. The buildings will be butting right up against Mill and the back of the
property against the ION station. I can't imagine the noise that impacts this site.
Secondly, Since there are 5 buildings of 21 or more stories, that is a lot of people, cars and congestion that will be added
to our community. Mill is a two-way street and is only able to be accessed from the West on Ottawa street and turning
east onto it from Mill. There are plenty of cars that do abide by this and others that pull a u -turn onto Ottawa in order
to get to Mill street or back on to Ottawa street. Not to mention the corner of Mill and Courtland is probably one of the
most dangerous corners to turn onto or cross to Bedford. We have personally witnessed accidents among cars and
pedestrians along here.
And finally, having so many more people in the neighbourhood also brings concerns of safety. Having one's own home
does have a greater feeling of taking care of the property and ownership. What type of security system, lighting etc will
be put in place? I can't presume that every person who owns one of these condos will own a car and thus will be using
transit and/or have a bike/ebike/scooter. These items are far more susceptible to being stolen. And what we don't
need in the neighbourhood is more incentive for people to know that there are bikes that could be stolen and thus begin
to wander throughout the neighbourhood looking for others. What measures are put in place to secure any type of
bicycle parking in the buildings? It worries me that we will have to continually be more aware of the comings and goings
of people in our community.
While we understand the need for more housing in our community, our greatest concerns are with the number of
units/buildings, the congestion and the security that this particular application will bring to our community.
Many thanks for the opportunity to share our concerns.
Wanda
Page 174 of 295