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Home My WebLink AboutPSI Agenda - 2024-08-12�i IIL � voi ism Planning & Strategic Initiatives Committee Agenda Monday, August 12, 2024, 6:30 p.m. - 8:30 p.m. Electronic Meeting People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the delegation section on the agenda below for in-person registration and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 1.1 Live Stream Link For direct access to the meeting livestream, please visit the following link: httr)s-//voutube.com/live/vRBeKmDbvNE?feature=share 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www. kitchener. ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 Private Street Naming, 1000 New Dundee Road, DSD -2024-294 4 3.2 Draft Plan of Condominium Application (Vacant Land), 30CDM-24207, 16 1001 Ding Street East, King -Charles Properties Kitchener, DSD -2024- 318 3.3 Private Street Naming, 2-56 Benninger Drive, DSD -2024-289 47 3.4 Draft Plan of Condominium Application (Vacant Land), 30CDM-24209, 56 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive, Deerfield Homes Ltd, DSD -2024-314 3.5 Draft Plan of Condominium Application (Vacant Land) 30CDM-24210, 15 104 Dellroy Avenue, 2296342 Ontario Inc., Savic Homes, DSD -2024-328 3.6 Draft Plan of Condominium Application (Vacant Land), 30CDM-24205, 146 455-509 Mill Street, Polocorp Inc., DSD -2024-257 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. Delegates who are interested in attending virtually must register by 4:30 p.m. on August 12, 2024, in order to participate electronically. 4.1 Item 6.2. Kristen Barisdale, GSP Group 5. Discussion Items 5.1 None at this time. 6. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 6.1 Zoning By-law Amendment Application 20 m ZBA24/013/FBB, 75 First Avenue, Jason Dale, DSD -2024-342 (Staff will provide a 5 -minute presentation on this matter.) 6.2 Official Plan Amendment Application 60 m OPA24/006/WITS, Zoning By-law Amendment Application ZBA24/01 1 /WITS, 1036, 1082 and 1094 Wilson Avenue, Colt Canada Corporation, DSD -2024-329 (Staff will provide a 5 -minute presentation on this matter.) 7. Information Items 175 213 Page 2 of 295 7.1 None. 8. Adjournment Mariah Blake Committee Coordinator Page 3 of 295 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Ben Suchomel, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: June 11, 2024 REPORT NO.: DSD -2024-294 SUBJECT: 1000 New Dundee Road — Private Street Naming RECOMMENDATION: That the City of Kitchener acknowledge that Cachet Development (New Dundee) Inc. intends to name a private street: "Cachet Circle" and "Enclave Road" within a multiple residential development located at 1000 New Dundee Road; and further, That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of "Cachet Circle" and "Enclave Road". REPORT HIGHLIGHTS: • The purpose of this report is the applicant is seeking Council approval to name a private street within the residential development located at 1000 New Dundee Road. • The key finding of this report is that the applicant is proposing to name the private street as "Cachet Circle" and "Enclave Road". Staff are satisfied that the proposed private street names are appropriate and support the street naming request. • There are no financial implications as there is no impact to the capital or operating budget. • Community engagement included the information posted to the City's website with the agenda in advance of the council/committee meeting. • This report supports the delivery of core services. BACKGROUND: Cachet Development (New Dundee) Inc. is seeking Council approval to name a private street within the residential development located at 1000 New Dundee Road. The proposed multiple residential development received conditional approval of Site Plan Application SP22/134/N/KA for a 127 unit stacked townhouse condominium development on November 2nd, 2023. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 295 REPORT: The applicant is proposing to name the private streets shown on Appendix `D' as "Cachet Circle" and "Enclave Road". The naming of the private streets will eliminate the need for a Multiple Unit Identification Sign at the entrance to the site, and offers improved site navigation for emergency services, residents, and visitors. The proposal has been circulated to internal departments and all concerns have been addressed. The dwellings will be addressed in accordance with the City's Street Naming and Addressing Policy. The Region has approved the proposed street names. Staff are satisfied that the proposed private street names are appropriate and support the street naming request. 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 council / committee meeting. REVIEWED BY: Malone -Wright, Tina — Manager of Development Approvals APPROVED BY: Readman, Justin — General Manager, Development Services ATTACHMENTS: Appendix A — Site Plan Application SP22/134/N/KA - 1000 New Dundee Road Appendix B —Applicant Request — 1000 New Dundee Road Appendix C —Agency Comments — 1000 New Dundee Road Appendix D — Private Street Name Plan — 1000 New Dundee Road Page 5 of 295 _mN N moo � 0 5� o� iso X05 N a'o — _ H H 8 - -- --- o �o� ww ww m�wo oow N oow 3 as w w x Joo w U Q Z 0 owo m a Z O d A �s SIMSM �I, Mil 1 11P�'� p ii 1%n �iil� ®� li 1 ■ _ I MU mal Ie. M MEMN �_ Imo': II _��_Iu.�®._■pp��,,�_I�_ 9 WZ m a NU W Z O � �w � = a 0 Z O LU w sn a z�LU O W U ' moo O a z C) C cn - L w co O Q w � W 0 • • O NCD O i N LU ~ w O O C/5 J �n J O Q W � U) 0 I�I��III��RIII �Q f o LLY N Q LL - o ` LU > lLJ Of ZQ a cn L N _ _ = a¢ � � SIMSM �I, Mil 1 11P�'� p ii 1%n �iil� ®� li 1 ■ _ I MU mal Ie. M MEMN �_ Imo': II _��_Iu.�®._■pp��,,�_I�_ 9 WZ m a NU W Z O � �w � = a 0 Z O H a3 '4wW a z�LU O W U ' Lou O0 O a z C) C cn - L w co O Q w � W 0 • • O NCD O i N LU ~ w O O C/5 J N J O Q W � U) 0 I�I��III��RIII f SIMSM �I, Mil 1 11P�'� p ii 1%n �iil� ®� li 1 ■ _ I MU mal Ie. M MEMN �_ Imo': II _��_Iu.�®._■pp��,,�_I�_ 9 WZ m a NU W Z O � �w � = a 0 Z O H a3 '4wW a z�LU O W U ' Lou O0 O a z C) C cn - L w co O Q w � W 0 • • O NCD O N LU ~ w O O C/5 J N 0 W > W 0 CD 0 LO O v ' O O co O O M • • O NCD O N J N O O W N J O Q W � U) 0 SIN„ II H ® ISI'; IIII I�r:Na�ll OMAN � H � li i�llun�l ' ' E�II r:l�l ' • • 611 I�11�11'll LIMES I�I��III��RIII f GSAI Glen Schnarr & Associates Inc. May 13, 2024 Development & Housing Approvals Division City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Attention: Tim Seyler, BES, MCIP, RPP Senior Planner RE: Private Street Naming Submission 1000 New Dundee Road City of Kitchener Related City File No. SP22/134/N/KA Partners: Glen Broil, MCIP, RPP Colin Chung, MCIP, RPP Jim Levac, MCIP, RPP Jason Afonso, MCIP, RPP Karen Bennett, MCIP, RPP In Memoriam, Founding Partner: Glen Schnarr GSAI File: 777-015 Glen Schnarr & Associates Inc. (`GSAI') is the planning consultant for Cachet Development (New Dundee) Inc., the registered owner of the above -noted lands. In this regard, please accept this letter as our formal submission of the City's private street naming process. Cachet Development (New Dundee) Inc. is proposing to use the following street names as shown on the enclosed draft R -Plan: • Cachet Circle; and, • Enclave Road In support of the submission, the following cheques payable to the City of Kitchener are also provided: - $1375 (planning staff fee) - $1650 (city legal fee) Page 7 of 295 GSAI Glen Schnarr & Associates Inc. Please contact the undersigned should you have any questions or comments. Yours very truly, GL. E SCHNARR & ASSOCIATES INC. f [Aj Mark Conde lo, r CIP, RPP �AssoCiate ttachme 1. Draft R -Plan (with Street Names) cc. H. Jafferjee, Cachet Development (New Dundee) Inc., Page 8 of 295 2 RE: Private Street Naming Request - 1000 New Dundee Betts Bruno Q Reply Reply All �i f=orward ••• .■ u u To O Ben Suchomel; crumig@regionofwaterloo.ca; Tue 5/28/2024 2:04 PAVE dhambly@region ofwaterloo.ca; Dave Seller; +2 others Cc Tara Zhang Hi Ben, All streets being named have to be separately described on the Reference Plan (ie: not all being part of 'Part 1'), so the draft Reference Plan will need to be amended accordingly. Legal's fees are typically collected by separate cheque, but it looks like they've added it in with Planning's fees under one cheque. Please have someone reach out to me to arrange for deposit of Legal's funds to the appropriate account. Thanks! Kind Regards, Beth Bruno Legal Services Administrator I Legal Services I The Corporation of the City of Kitchener 519-741-2200, Ext. 7713 1 TTY 1-866-969-9994 I beth.bruno(cDkitchener.ca I www.kitchener.ca Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential; privileged, and)or exempt from disclosure under applicable law. It is intended only for the use of the designated recipients) listed above. Any unauthorized use, distribution or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise received this message by mistake, please notify the sander immediately by replying via email, and destroy all copies of this original correspondence (including any attachments). Thank you for your cooperation. RE: Private Street Naming Request - 1000 New Dundee 0iDave Seller Reply ReplyAll � Forward I �i I To *Ben Suchomel Tue 5/28/2024 2:06 PM Cc Tara Zhang Start your reply all with: Thank you! Thank you for your confirmation. Great thanks! Feedback Transportation Services have no concerns. Dave Seller, C.E.T. Traffic Planning Analyst Transportation Services I City of Kitchener 519-741-2200 ext. 7369 I TTY 1-866-969-9994 [ dave.seller(a)kitchener.ca. Page 10 of 295 RE: Private Street Naming Request - 1000 New Dundee Derrick Hambly zDHambly@regie �—) Reply «j Reply All Forward 11791 To *Ben Suchomel; Chris Rumig; Dave Seller; Jennifer Arends; Tue 5/28/2024 2:27 PM Seth Bruno; Jennifer Wilson; +1 other Cc Tara Zhang [ This sender DHambly@region ofwaterloo.ra is from outside your organization. Start your reply all with: Thank you! Great, thanks for the update. perfect, thank you! (�D Feedback Hi Ben, I can confirm that "Cachet Circle" was previously reserved for this development, and I have now reserved "Enclave Road" as well. Accordingly, GSAI may go ahead with using both names. Regards, Derrick Derrick Hambly, GIS Analyst Region of Waterloo I dharnblyC7regionofwaterloo.ca Re: Private Street Naming Request - 1000 New Dundee 10 Tara Zhang �d I <7) Reply <£� ReplyAll Forward 1�1 El To Beth Bruno Tue 6/4/2424 3:49 PM Cc *Ben Suchomel (D If there are problems with how this message is displayed, click hereto view it in a web browser. DReference plan - 1000 Now Dundee.pdf 117 KB Hi Beth, I have attached the reference plan separate from the Cover Letter, let me know if that works for you. I have also requested Christine to enter the fees separately via AMANDA. That should be shown on the system by now. Let me know if these clear your comments/concerns. Thanks! Best, Tara Zhang, BES Planner I Development & Housing Approvals I City of Kitchener 519-741-2260 ext. 7760 1 TTY 1-866-969-9994 1 tara.zhang@kitchener.ca 00000000 Page 11 of 295 RE: Private Street Naming Request - 1000 New Dundee 0 Beth Bruno *F��Rply t Reply All Forward To Tara Zhang Tue 6/4/2024 4:08 PM Cc d Ben 5uchomel Hi Tara, I'll check with Christine re: the fees. Regarding the R -Plan, I did see it in the previous email. My point was that there must be a separate part for each named road. Although the draft R -Plan provided shows one road `yellow' and one 'purple', they are all part of Part 1. The `purple' road should be a separate part on the R -Plan (ie: Part 2). 1000 New Dundee - Private Street Blaming IDTara Zhang d (7) Reply 0-) Reply All Forward To Mark-C@gsai.ca Wed 6/5/2024 2:01 PM Cc hatim@cachethomes.com; 4 Ben 5uchomel QIf there are problems with how this message is displayed, click hereto view it in a web browser. Reference plan - 1000 Now Dundee.pdf v 117 KB Good afternoon Mark, The reference plan currently labels both private streets as "Part 1." Could you please amend this to label one street as "Part 1° and the other as "Part 2," and then send me/Ben a revised copy? Thanks. Best, Tara Zhang, BES Planner i Development & Housing Approvals i City of Kitchener 519-741-2200 ext. 7760 1 TTY 1-866-969-9994 i tara.zhang0kltchener.ca Page 12 of 295 RE. 1000 New Dundee - Private Street Naming Hatim Jafferjee ahatim@cachetho Reply E] Reply All Forward To Tara Zhang; . MarkC@gsai.ca Thu 6/6/2024 3:21 PM Cc *Ben 5uchomel l_J This sender Kati m @tach ethomes com is from outside your organization. 22-40-569-01-RPLAN.pdf 118 KB Hey Tara, Hope you're doing well! Please see attached the revised reference plan. Thanks, Hatim Hatim Jaffedee Land Development Coordinator M: 547.772.3759 2555 Meadowpine Blvd. Unit 3, Mississauga ON L5N 6C3 hatimpcachethomes.com I www.eachethomes.com Fw: 1000 New Dundee - Private Street Naming Tara Zhang <7 Reply <t Reply All �i Forward ® E] To - Beth Bruno; 0 Ben Suchomel Fri 6/7/2024 9:51 AM 22-40-569-01-RPLAN.pdf 118 KB Start your reply all with: Thank yout Received, thank you. Got it, thanks! Feedback Hi Beth, I got the plan amended by the applicants, please see attached, thanks! Ben - please use this for your report later on attachments Thanks! Tara Page 13 of 295 RE: 1000 New Dundee - Private Street Naming 0t,iBeth Bruno O <—) Reply «j R plyAll — Forward ¢ El To Tara Zhang; 0 Ben Suchomel Fri 617/2024 9:59 AM Thanks Tara! Kind Regards, Beth Bruno Legal Services Administrator I Legal Services I The Corporation of the City of Kitchener 519-741-2200, Ext. 7793 1 TTY 1-866-969-9994 1 beth.brunocOkitchener.ca I www.kitchener.ca This has been resolved. Page 14 of 295 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director, 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: July 15, 2024 REPORT NO.: DSD -2024-318 SUBJECT: Draft Plan of Condominium Application (Vacant Land) 30CDM-24207 1001 King Street East King -Charles Properties Kitchener 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-24207 for 1001 King Street East 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 1001 King Street East. 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 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 July 19, 2024. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the property at 1001 King Street East is proposing to obtain draft approval for a 2 -unit VLC which will consist of 2 Units and common element areas. The Unit breakdown is as follows: • Unit 1 — Mixed use - residential/commercial units. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 16 of 295 • Unit 2 - Mixed use - residential/commercial units. Staff is supportive of the proposed application for the subject lands. BACKGROUND: The Owner, King -Charles Properties Kitchener, has made application to the City of Kitchener for a Draft Plan of VLC. 5A 4� <v Z� O T AREA STF Figure 1: Location map pl� ��eFR SAF y� Y QOCD cFS Cl CO CO DELTA ST Qfi A( S The subject lands are addressed as 1001 King Street East and are located near the intersection of King Street East and Ottawa Street North. The subject property has a lot area of 0.61 hectares (1.51 acres) with 95 metres of frontage along King Street East. The subject lands are located within the City's delineated 'Built Up Area', and within a 'Major Transit Station Area (MTSA)'. The lands are identified as a MTSA 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 Borden station. In May 2023, Council approved Official Plan and Zoning By-law Amendments on the subject lands which changed the Official Plan designation from 'Neighbourhood Mixed Use Centre with Special Policy Area 3' to 'Mixed Use Corridor' in the King Street East Secondary Plan, and changed the zoning from 'Neighbourhood Shopping Centre Zone (C- 2) with Special Use Provision 2U' in Zoning By-law 85-1 to 'High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provisions 544R, 788R and Holding Provision 100H' in Zoning By-law 85-1 to permit the development of a high intensity mixed use development. Page 17 of 295 In March of 2024 Council approved `Growing Together' which changed the land use of the subject lands to Strategic Growth Area C (SGA -C) and the zoning to Strategic Growth Area 4 (SGA -4) with Site Specific Provision (175) and Holding Provisions (19H) ad (77H) in Zoning By-law 2019-051. The Council approved Growing Together amendments to the Official Plan are fully approved but the zoning by-law amendments is under appeal. The Site Specific Growing Together Land use and Zoning carried forward the 2023 Planning recommendation and a high intensity mixed use development is permitted. The applicant has submitted Site Plan Application SP23/075/K/CD which has received conditional Site Plan Approval for a mixed use development with 514 residential dwelling units and ground floor commercial units within one 29 -storey Building. REPORT: The owner of the subject lands is proposing a VLC which will consist of 2 Units and common element areas. The Unit breakdown is as follows: • Unit 1 - Mixed use - residential/commercial units. • Unit 2 - Mixed use - residential/commercial units. Internal drive aisles, walkways, and landscaped areas, 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. The owner has received Conditional Site Plan approval for Site Plan Application SP23/075/K/CD as shown in Appendix `E'. The residential development consisting of 2 units to be developed with a mixed use building is permitted on the lands as per the policies in the City's Official Plan and regulations in the City's Zoning By-law 85-1 and Zoning By-law 2019-051. The VLC is attached as Appendix `A'. The purpose of the VLC is to permit the individual ownership (tenure) of each of the units on the subject property. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. Housing related policies in the PPS encourage providing an appropriate range and mix of housing options and densities to meet projected market-based needs of current and future residents. The PPS also promotes directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to make efficient use of land. The proposed development is consistent with the PPS. Page 18 of 295 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 Borden Station (MTSA) in the ROP. The minimum density target within the Borden 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 Borden 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 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 a Protected Major Transit Station Area (PMTSA). The planned function of the PMTSA 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 Page 19 of 295 rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. King Street East Secondary Plan The subject lands are designated `Mixed Use Corridor with Special Policy Area 10" (Map 10) in the 1994 Official Plan (King Street East Secondary Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. A maximum Floor Space Ratio (FSR) of 8.1 is permitted. 2014 Official Plan Growing Together In July of 2024 Region of Waterloo Council approved Growing Together which changed the land use of the subject lands to Strategic Growth Area C (SLAC). The SGAC land use is applied to large, underutilized sites and properties next to ION station stops, where high- density intensification can be supported, is expected and is planned for. The SGA3 and SGA4 zones are applied within the SGA -C land use. The implementing zoning limits portions of the SGA -C areas to 28 storeys. Any development proposal for a taller building within SGA3 zone requires a Zoning By-law Amendment or a minor variance application where the SGA4 zone properties additional building height subject to approval of an Aeronautical Assessment. 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'). Residents that had concerns with proposed development changing what was recently approved. Planning staff responded directly to the resident by email to answer their Page 20 of 295 questions and concerns and explained that only the tenure is being considered and that no changes were proposed to the height and density that was previously approved by Council in May 2023. No changes to the built form, unit count, Official Plan designation or Zoning can be made through this application. 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 July 19, 2024 (Appendix `B'). CONSULT — The Application was circulated to property owners within 120 metres of the subject lands on April 29, 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, as amended by By-law 2024-065 • Official Plan, 1994, 2014 • Regional Official Plan, 2023 (amended by ROPA 6) • Provincial Policy Statement, 2020 • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Site Plan Application SP23/075/K/CD REVIEWED BY: Malone -Wright, Tina —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-24207 Appendix B — Newspaper Notice Appendix C — Department and Agency Comments Appendix D — Neighbourhood Comments Appendix E — Conditionally Approved Site Plan SP23/075/K/CD Page 21 of 295 0 : ° \ / \ / LU ° Z m \u zs Lu ƒ\ 0 M � 0 ° a \} \� zj w Z 0\ C) \» !: f Ln � \ \ _/ �Z-,o L6 z / \r Q®/ ƒ/ � \ \)( �fe �3 Es 2 *— �{ }k,\& tZ; © = s`saf $ y Ec)E f j\«\ , { E = E @ ±Q)§:§E5= EEE4E \�:::z_ /g ■ «E@�@j{) =Eeee=; 3/®)®2#) r G R/}j\\/ = \§ § G w(®k§}2 « �!!a\§ \ \ f ff)((?? f f?f)?? (a e = 0 : ° \ / \ / LU ° Z m LU Z zs Lu ---- _ ::-( M � °\ ° c \� zj w Z 0\ C) \» !: � j/\ L �Z-,o L6 z / \r Q®/ j U \)( Z//~ Q � :\\ LO m N 0 N N ¢ 2 n � Z \u U �§ j U ƒ\ � 0 _� � a \$ C13 �a) S �� Z 2 7\ ƒ 2 fLn / � C/) q �\ \ , !# ƒ/ 2 ;- - ;\ \ _« > »f .Hill ly/ T3 \/ _ v { _ -f e s s{ -a - © LU g =__ 2 o T3 ,{ E JE e $y/§/��f ±°0 0E+- EEE4\ $+EEEE- \8 ■ «E@=@){) . =E��=E 3/®2222/ R/}}\\E r G \ \ = \§ § ®� }}§ ()f??? « �!!a\| / \ f f f f??)2? z }\ _ r _ ra e = Z U �§ U ca_ � \ _� � U C13 �a) S �� Z q� ` � C/) q �\ , !# \ > 11111111 11101111- < . > .Hill ly/ LU UN |, ® y ^ ` ° \ . \ \ � z }\ `® ,LULL 11111111 0 0 }E LU rZ Z 0 ) Q LU }}: � /§\ LL z z \\: U }/) mj Z S :22 Appendix "A" DSD -2024-318 DRAFT PLAN OF CONDOMINIUM 30CDM-24207 1001 King Street East King -Charles Properties Kitchener 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-24207 for the property municipally known as 1001 King Street East in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-24204 owned by King -Charles Properties Kitchener, dated April 5, 2024 proposing a Vacant Land Condominium Plan for 0.61 hectares of land comprised of 2 units and common elements. Units 1-2: Mixed use residential/commercial units Common Elements: Internal drive aisle, walkways, landscape areas and balconies for use by suites in VLCP Unit 2 will also be common elements where the said balconies extend over top of VLCP Unit 1. The said overlapping balconies will be exclusive use common elements for VLCP Unit 2. 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: An addressing plan showing the proposed units with Condominium Unit Numbering; and; ii) 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. Page 24 of 295 iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. v) Provisions that identify if the approved condominium plan is to be phased pursuant to the Act that ensure that: a. the lands in the registered condominium plan created by the registration of the Declaration and Description have either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; b. the lands in any phase registered after the initial registration of the Declaration and Description have, following the registration of such phase, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to c. all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; 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 Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner. e. the City's Manager of Development Review and/or the Region's Commissioner of Planning, Development and Legislative Services may require solicitors' and/or engineers' written opinions as such Manager or Commissioner may deem necessary to establish compliance with any one or more of the conditions set out in the three subparagraphs immediately above. vi) That Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plan ning(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, Page 25 of 295 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. 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 or future tenants will be advised in Offers of Purchase and Sale or rental agreements 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 within the common element areas 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 Page 26 of 295 draw all of the funds so secured and hold them as security to guarantee completion and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. 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 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. 13. That the Applicant/Owner agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 14. 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 Page 27 of 295 to implement the recommendations contained in the detailed transportation and stationary noise study. 15. THAT prior to final approval all noise warning clauses identified within the noise study shall be included within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo. 16. 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 (Risk Management Plan # 00135 prepared by Stephen Litt dated November 1, 2021). 17. 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, 18. THAT prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. CLEARANCES: That prior to the signing of the final plan by the City's Director of Development and Housing Approvals, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 18 inclusive have been met. The submission shall include a brief but complete statement detailing how and when each condition has been satisfied. 2. That prior to signing of the final plan by the City's 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 13 through 18 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. Page 28 of 295 5. This draft plan was received on April 12, 2024 and deemed complete on April 12, 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 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 29 of 295 NOTICE OF PUBLIC MEETING fora development in your neighbourhood 1001 King Street East *UBJECTAREA r bEIT ,sr c ap 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 West 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: 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 2 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 264 Residential units, 3 live/work units and 1 commercial unit., unit 2 will contain 238 Residential units, 10 live/work unit q� :3Qccfrr29&I unit. Internal drive aisles landscaped areas and walkways will make u the common P � y P elements. Craig Dumart From: Craig Dumart Sent: Wednesday, June 12, 2024 10:37 AM To: Kate Wills @ MHBC Subject: FW: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CMD-24207 (1001 King Street East) Hi Craig, 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. Any questions, please advise. Eric Riek, C.E.T. Project Manager I Development Engineering I City of Kitchener From: Internet - Engineering 9th floor (SM) <engineering@kitchener.ca> Sent: Tuesday, April 30, 2024 12:34 PM To: Eric Riek <Eric.Riek@kitchener.ca> Subject: FW: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CMD-24207 (1001 King Street East) Hi Eric, I believe this is your project? Thanks, Lori From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Monday, April 29, 2024 4:15 PM To: _DL_#_DSD_Planning <DSD-PlanningDivision@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@regionofwaterloo.ca>; Page 31 of 295 Region of Waterloo Craig Dumart, MCIP, RPP 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 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i onofwaterl oo.ca Melissa Mohr 1-226-752-8622 File: D1920/2/24207 May 22, 2024 Re: Proposed Vacant Land Plan of Condominium 30CDM-24207 1001 King Street East MHBC Planning Inc. C/O Kate Wills on behalf of King - Charles Properties Kitchener C/O Vive Development CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Vacant Land Plan of Condominium at 1001 King Street East 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 2 units and common elements with each unit corresponding to the following: Unit 1: 264 residential units, 3 live/work units and 1 commercial unit in 1 tower Unit 2: 238 residential units, 10 Live/Work Units and 2 commercial units Internal drive aisles, landscaped areas, and walkways make up the common elements. The subject lands are Designated Urban Area and Delineated Built Up Area in the Regional Official Plan. Furthermore, the subject lands are located in the Borden Major Transit Station Area. In addition, the subject lands are designated Mixed Use with Special Policy Area 10 in the City of Kitchener Official Plan and zoned High Intensity Mixed Use Corridor Zone (MU -3) Zone with Special Regulation Provisions 544R, 788R and Holding Provision 100H in the City of Kitchener Zoning By-law. The subject lands Document Number: 4676431 Version: 1 Page 32 of 295 were the subject of an Official Plan Amendment and Zoning By-law Amendment (OPA22/01 and ZBA22/007) which is now in force and effect. Furthermore, there is a conditionally approved site plan applying to the lands (File No. SP23/075/K/CD). These comments relate to the Draft Vacant Land Plan of Condominium prepared by the City of Kitchener; dated January 10, 2024: Regional Comments Community Planning The subject lands are located within the Borden ION Major Transit Station Area and 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 10 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/retail uses, among others. Regional staff have no objection to the application, and have the following technical comments and conditions related to the proposal: Environmental Threats/Record of Site Condition There are multiple medium and high environmental threats on and directly adjacent to the subject lands according to the Region's Threats Inventory. Through a previously reviewed Official Plan Amendment and Zoning By-law Amendment, Holding Provision was implemented to obtain a Record of Site Condition and Ministry Acknowledgement Letter for the entirety of the subject lands. Regional staff received a copy of RSC # B-403-7220750794 as well as the plan of survey and associated Ministry Acknowledgement Letter for the Record of Site Condition and have no further comment on the Record of Site Condition. Environmental Noise Through previously reviewed Official Plan Amendment and Zoning By-law Amendment applications, a holding provision was implemented to obtain a detailed transportation, vibration and road noise study. The applicant has submitted an environmental noise report entitled "Noise Feasibility Study, Proposed Residential Development, K.O.C. 1001 King Street East, Kitchener, Regional Municipality of Waterloo, Ontario" prepared by HGC Engineering Ltd. dated April 16, 2024. As per correspondence from May 8, 2024, the applicant is required to pay for a third party review by an external Noise Consultant retained by the Region. The fee for this third party review is $4,500.00 + HST ($5,085.00 total). Please submit the payment for the third party review as the review of the study will only occur once payment is made. Additional fees may apply depending on the scope of the review required. The Region shall require that all accepted mitigation measures be implemented as a condition of draft plan approval. The wording of the condition is: Document Number: 4676431 Version: 1 Page 33 of 295 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. Risk Management/Part 4 of the Clean Water Act The Section 59 Notice received May 2, 2024 is valid. Regional staff understand that a Provisional Risk Management Plan for salt management has been negotiated (Risk Management Plan # 00135 prepared by Stephen Litt dated November 1, 2021) and require that implementation measures be included in the Condominium Declaration as a condition of draft plan approval. The wording of the condition is: 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 (Risk Management Plan # 00135 prepared by Stephen Litt dated November 1, 2021). Hydrogeology and Source Water Protection: Please be advised that there is no support for permanent or active or passive dewatering controls for below -grade infrastructure; therefore, below -grade infrastructure requiring dry conditions must be waterproofed. Below grade infrastructure includes foundations, slabs, parking garages, footings, piles and elevator shafts. Regional Water Services: The applicant is advised that the Region shall not support a connection to 600mm diameter watermain in the Charles St East right of way in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, February 2023. Region of Waterloo International Airport: The subject lands are within the Obstacle Protection Area of Runway 08 approach. Through the previously reviewed and accepted Aeronautical Assessment entitled "Preliminary Review of 4 Construction Projects around Kitchener/Waterloo Airport, Vive Development" prepared by IDS Corporation, dated May 17, 2022, Regional staff accepted an allowable development elevation of 477m ASL at this location. 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 Document Number: 4676431 Version: 1 Page 34 of 295 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 $2,040 which do not exceed 30 percent of gross $395,200 annual household income for low and moderate income households Bachelor: $1,164 Housing for which the purchase price is 1 -Bedroom: $1,346 at least 10 percent below the average $740,000 purchase price of a resale unit in the regional market area '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 Document Number: 4676431 Version: 1 Page 35 of 295 3 -Bedroom: $2,039 4+ Bedroom: n/a 'Based on the most recent intormation available trom 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-24207, 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/or City of Kitchener to implement the recommendations contained in the detailed transportation and stationary noise study. 3) THAT prior to final approval all noise warning clauses identified within the noise study shall be included within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo. 4) 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 (Risk Management Plan # 00135 prepared by Stephen Litt dated November 1, 2021). 5) 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, 6) 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 May 16, 2024). Document Number: 4676431 Version: 1 Page 36 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. King -Charles Properties Kitchener C/O Vive Development (Owner) MHBC Planning Inc. C/O Kate Wills and Pierre Chauvin (Applicants) Document Number: 4676431 Version: 1 Page 37 of 295 Craig Dumart From: Jodi Schmidt <jomarkschmidt@rogers.com> Sent: Wednesday, May 8, 2024 6:16 PM To: Craig Dumart Subject: 1001 King Street East Development [You don't often get email from jomarkschmidt@rogers.com. Learn why this is important at https:Haka.ms/LearnAboutSenderidentification ] Hello Craig I see that the developer for this property is changing the way it will be developed. Assuming it's the same owner, I see that the promise of mid -priced rental units are no longer going to happen. This is unfortunate I have done some research on Vacant Land Condominiums and I cannot understand how this will work for high rises. understand how it works with townhouses and detached homes but I cannot understand how it will work with a high rise. Can you provide more detail or examples of this kind of development in KW. Thank -you Jodi Schmidt 53 Borden Ave N PS. We never received a postcard notice In the mail from the city on this matter like we usually do.? 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Y U uoi� Y a c N o�cn �-o -o da.9 M @o BYO � �m o f 2 0_ a 2 H Ir C!J 10 O N 0 d m d C LL_ C LL E N U N N d V c m V N Q 'O � O N S (0 Q � a� o � _ �:2 �a "0 'O O O N C N � a c C Q' LU moo W = U U v � m z � La 0 N 01 > m o. R' R' > m Q' W N.N (O>.- d, a' > m W U O O LL. Z m m Q LL W W a L5� t Y tm .9 a s y m LLJ U j V! N U m J¢ d d m cJ L z z LL CD m U L) 8 z m d _WlAiJJ3dOld — — I� divis I I I I I I I I 1 I u a I I 3 Lm VJ O ;6 4-- o U o LL N 5 CL " = W �� 0Mm o� _w Z a IL w Z � � OL' Lu g2a Va- LU z Lu a- road o a QBaa � N `� w Z \ N�$ ,,y > Q N Za W aLU NOW W O C) N 0 Ln W LUEnJLU J Q H z (n w w Zw CO w W w W O � o — � a N c� w W Z 1 Y = U O Y Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director of Development & Housing Approvals, Development & Housing, 519-741-2200 ext. 7070 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 2, 2024 REPORT NO.: DSD -2024-289 SUBJECT: Private Street Naming — 2-56 Benninger Drive RECOMMENDATION: That the City of Kitchener acknowledge that Activa Holdings Inc. intends to name a private street: "Cordoba Way" within a multiple residential development located at 2-56 Benninger Drive, and further, That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of "Cordoba Way". REPORT HIGHLIGHTS: • The purpose of this report is the applicant is seeking Council approval to name a private street within the residential development located at 2-36 Benninger Drive. • The key finding of this report is that the applicant is proposing to name the private street as "Cordoba Way". Staff are satisfied that the proposed private street name is appropriate and support the street naming request. • There are no financial implications as there is no impact to the capital or operating budget. • Community engagement included the information posted to the City's website with the agenda in advance of the council/committee meeting. • This report supports the delivery of core services. BACKGROUND: Activa Holdings Inc. is seeking Council approval to name a private street within the residential development located at 2-56 Benninger Drive. The proposed multiple residential development received `Approval in Principle' of Site Plan Application SP22/185/B/CD for a 28 -unit stacked townhouse development in November 2022. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 47 of 295 REPORT: The applicant is proposing to name the private street shown as Part 1 on Reference Plan 58R-22026 in Appendix `D' as "Cordoba Way". The naming of the private street will eliminate the need for a Multiple Unit Identification Sign at the entrance to the site, and offers improved site navigation for emergency services, residents, and visitors. The proposal has been circulated to internal departments and all concerns have been addressed. The dwellings will be addressed in accordance with the City's Street Naming and Addressing Policy. The Region has approved the proposed street name. Staff are satisfied that the proposed private street name is appropriate and support the street naming request. 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 council/committee meeting. PREVIOUS REPORTS/AUTHORITIES: REVIEWED BY: Malone -Wright, Tina— Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Readman, Justin — General Manager, Development Services ATTACHMENTS: Appendix A — Site Plan SP22/185/B/CD — 2-56 Benninger Drive Appendix B —Applicant Request Appendix C — Agency Comments Appendix D — Reference Plan 58R-22026 — Cordoba Way Page 48 of 295 Q U m 0 m N W U Q 6 M O LO O N M E p U m CC . of (V - O n Q a M in E o Q N > N lf") O Q N H U N N Q O Q X U -M U Q � ch E c'Ui -UU LO °' >, O N Q p p O- — C R. 6 > 0 U O Lc) N o o N -0, D U J m m Ln o�� cm, cm, Q �-0 o o m LU m cn � co ~ ami v E z� o Q m E OL OL CD d) Rm m °T o W N W o — , w � a)� a a � � ch o F-- 3CO Q -o ff-o .` mm W .� N.N m -6-0 Q »>,yi�c U Q aaaa s o 0 0 o W m m t > m x m Q -O -O L m m m U U J U r U r L N J m J Q a a a W W In m G Z Z Z Z W J LL = W c S c� e-Qoo \Foce� O, h g E 0b�e 0 9 NI / ?h o /BOJ S' m 0 c� 0 L11 CD J 0 U p% b� � ,`S ,y9 S C b O N CN b � k l Fj O, h g E 0b�e 0 9 NI / ?h o /BOJ S' m c� 0 L11 CD J 0 U p% b� � �a b O N CN N co 0 LUz z z L to vo i m O Q z J a �+ ■� w w S a� U_ J Cf) w S�( 9 Cy") O a e z ces C::) c� O W w o dJ e J ■ � w \ w O � co m Cl) Cl) N N O N 1� N N O N v O A LU LU m m >- N O w < M Q' Pel F (n W W � J > U U Z K O C W W W Q d Q O CN P ® 5 / N N CN �o ® o W 00 / O LU O Z Q H � 0 Om � fes\ bm z 4 z o W c-, U W Z 0 m Z o -o=w o z _ W W U n U U co W W U W LUCoeJQz CC vz LLJJ F--0 E rl (i)(-'W3:QQz O z Qo(D0Lu>> z a��z�oJ�0 _ � � a0_o"E*a4-y �_ m Lu czn C,>pcc CO CO �p Q r<Lu w m♦ Ui U Q N �Z oQu)cCm _KITCHENER I WOODBRIDGE I LONDON I BARRIE I HAMILTON ♦�� PLANNING IIIURBAN DESIGN & LANDSCAPE MHBC ARCHITECTURE April 29, 2024 Mr. Garett Stevenson Planning Division, City of Kitchener City Hall — PO Box 1118 Kitchener, ON, N2G 4G7 Dear Mr. Stevenson: RE: Block 130 & 1361, 58M-642, Draft Plan of Subdivision 30T-08204 Request for Creation of Private Street — ""Cordoba Way" OUR FILE: 8784CZ On behalf of our client, Activa Holdings Inc., we are pleased to submit this letter as our request for the creation of a private street for the development planned at 2-56 Benninger Drive in the City of Kitchener (Block 130/136, Registered Plan 58M-642, Draft Plan of Subdivision 30T-08204). Currently, these lands are undergoing final site plan approval through site plan application number SP22/185/B/CD. Approval in Principle was provided by the City on January 10, 2023. We kindly ask that the City consider "Corodoba Way" as the preferred private street name for the right-of-way extending through the subject lands. We confirm that our firm has reserved this street name with the Region of Waterloo. Our client is requesting this private name to provide municipal addressing to a portion of the multiple residential units within the proposed development, specifically being those whose entrances are internal to the subject lands. Those units that front onto Benninger Drive would continue to have municipal addresses. The following materials have been attached to our submission package to support our request for a Private Street name: 1. A digital copy of Site Plan SP22/185/B/CD (as Approved in Principle) prepared by MHBC Planning Ltd; 2. A cheque in the amount of $1,375.00 payable to the City of Kitchener representing the 2024 fee for Private Street Naming; 200-540 Bingemans Centre Drive Kitchener, ON I N2B 3X9 519-576-3650 www.mhbcplan.com Page 50 of 295 3. A cheque in the amount of $1,650.00 payable to the City of Kitchener representing the 2024 legal fee for Private Street Naming; 4. Correspondence from the Region of Waterloo confirming the name "Cordoba Way" is available for our client's use; 5. A digital copy of the Private Street Naming Plan, indicating the chosen name, "Cordoba Way"; 6. A digital copy of the draft Reference Plan for the Private Street area; and 7. An AutoCAD version of the draft Reference Plan for the Private Street area. We kindly request that Staff prepare a report to support the approval of a private street within Blocks 130 & 136 of registered plan 58M-642. We ask that this report be brought to the next available Community and Infrastructure Services Committee meeting and request confirmation of this meeting date when it is known. Should you require any additional information, please feel free to reach out to the undersigned. Yours truly, MHBC t/e Z - Pierre Chauvin, MA, MCIP, RPP Partner Enc% Robyn McIntyre, BES Planner CC. Alex Sumner & Jessica Gecwierz — Activa Ho/dings Inc. Jennifer Wilson — City of Kitchener Addressing Analyst 2 Page 51 of 295 0 \ ) ! 2 Q . f LO m N 0 N LO ¢ 2 n � \ }i q} \} «} El ,! „ 2 !( } \ k� 7 V _ / 2 , ®! > @ f LO m N 0 N LO ¢ 2 n � q} «} ,! } 7 / 2 , z ! a { ) ){ § @ \ > % \ } \ \ \ \ )� cc @ � 2 > ! 2 { | \ \ % ) @ \ * \ \\ / � j � \/ - _ P� \ ) \ em • � � (7 k ) ) ) \ }2 5 f% \\ f LO m N 0 N LO ¢ 2 n � � w : ! / \ ( E \ § [ \ \) § ] 2 1 / } / ) In ) ƒ ) Q m \ � J / \ \ } \ ! \ Qj \ ) \ ) 2 { } ) \ \\ \ )* \\ — !f � Eƒ / \ \ }2v\ \\f: 3 }&a/[ LAS � ) ) @/\\ lf42 � � 0 0 � � � 0 LO m N 0 q LO ¢ 2 n � ( E \ § [ \ \) § ] 2 ) J / } / ) In ) � � 0 0 � � � 0 LO m N 0 q LO ¢ 2 n � ■ a \ � \2 )� LO m N 0 'IT LO ¢ 2 n � M2 � 0 Oleg Zd� I w q � w Wm " � Y row Y W o OW I m r w Y W Z y -I C7 W O O c5 a al m Z o V O �I E r r zo — 7 11'9—W85 NVld Gldji51N3N w �aO�=�� _ P cc ;+Dole o 0 [4atZ—aB9 NI . i... E l NNOl9 17 m K 40 RENAON011P�PN B� _, KNOW PPR p�PN ��1tE0 P�PN 12j / V \ m\\ V O n \ 1 Y 3 � U , O _ N \ \ m 0 2^ I w q � w Wm " � Y Y W o OW I m r w Y W Z y -I C7 W O O m m a al m Z o V O �I E _ — 7 11'9—W85 NVld Gldji51N3N w _ P cc ;+Dole o 0 [4atZ—aB9 NI . i... E l NNOl9 17 m Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals 519-741-2200 ext. 7070 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: Ward 6 DATE OF REPORT: July 19, 2024 REPORT NO.: DSD -2024-314 SUBJECT: Draft Plan of Condominium Application (Vacant Land) 30CDM-24209 1198 Fischer Hallman Road, 1274 Bleams Road and 264 Erinbrook Drive Deerfield Homes Ltd. RECOMMENDATION: That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24209 for 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive, in the City of Kitchener, subject to the conditions as shown in Attachment `A'. REPORT HIGHLIGHTS: The purpose of this report is to provide a planning recommendation to draft approve the proposed Vacant Land Condominium (VLC) for the property located at 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive. Community engagement for the VLC Application included: o Circulation of a postcard notice to owners of properties within 120 metres of the subject property on May 6, 2024 and newspaper advertisement on May 10, 2024; o Staff received responses from 3 community members and corresponded directly with these members; and, o Notice of the public meeting was advertised in The Record on July 19, 2024 and a notification email regarding the public meeting was sent to everyone that provided written comments. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 56 of 295 EXECUTIVE SUMMARY: The owner of the property addressed as 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive is requesting draft approval of a Vacant Land Condominium consisting of 15 Units. The 15 Units would be created for residential use and would define the extent of the elements that are common to the entirety of the subject lands. These common elements include, private roads, common amenity area, stormwater management facility, and underground services. The Exclusive Use Areas, include parking spaces that are for the exclusive use of the residential dwelling units within Units 8-13. Development and Housing Approvals staff recommends approval. BACKGROUND: The owner of the subject lands, Deerfield Homes Ltd., has made application to the City of Kitchener for a Draft Plan of Vacant Land Condominium (VLC). 4t1D TARA CRSS E � NBROOK DR Figure 1: Location map Ro V- Z� O F7 The subject lands are addressed as 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive and are located near the intersection of Fischer Hallman Road and Bleams Road, in the Rosenberg Planning Community. The subject lands have an area of 3.6 hectares (8.9 acres) with approximately 148.3 metres of frontage on Fischer Hallman Road and 119.9 metres of frontage on Bleams Road. The subject lands have been the subject of several Planning Act applications, including: Page 57 of 295 sc q 2 TARA CRSS E � NBROOK DR Figure 1: Location map Ro V- Z� O F7 The subject lands are addressed as 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook Drive and are located near the intersection of Fischer Hallman Road and Bleams Road, in the Rosenberg Planning Community. The subject lands have an area of 3.6 hectares (8.9 acres) with approximately 148.3 metres of frontage on Fischer Hallman Road and 119.9 metres of frontage on Bleams Road. The subject lands have been the subject of several Planning Act applications, including: Page 57 of 295 1. Site Plan Application SP23/006/F/AP, which was conditionally approved on March 28, 2023. The Site Plan shows 7 blocks of street townhouse units (42 units), 6 blocks of stacked townhouse units (96 units), a future development area (for multiple residential development), a large common amenity area, stormwater management facility, and surface parking. 2. Minor Variance Application A2023-067, which was approved on June 20, 2023. The approval grants zoning relief to permit a building height of 15.0 metres, rather than the required 10.5 metres, to facilitate the above noted Site Plan Application. 3. Official Plan Amendment Application OPA23/014/F/TS and Zoning By-law Amendment Application ZBA23/024/F/TS, were approved and came into full force and effect on January 24, 2024. The amendments applied only to the `Future Development Area' shown on the Site Plan, being that portion of the lands closest to and parallel with Fisher Hallman Road. The amendments changed the Official Plan designation from `Mixed Use Two' to `Mixed Use Two with Special Policy Area 6' in the Official Plan, and changed the zoning from `Residential Six (R-6) Zone' in Zoning By-law 85-1 to `High Intensity Mixed Use Corridor Zone (MU -3) Zone' with Special Regulation Provision 806R and Holding Provision 111 H to permit a mixed use development, an increase in floor space ratio, an increase in building height, a reduced setback to the abutting residential zone, a reduced street line stepback, and a parking reduction to 0.8 parking spaces per dwelling unit. The purpose of Holding Provision 111 H is to require an updated Noise Study. REPORT: Deerfield Homes Ltd. is requesting draft approval of a Vacant Land Condominium (VLC). A VLC is similar to a plan of subdivision except that internal roadways are privately -owned, rather than publicly owned, and lots / blocks are referred to as "units" in a VLC. The purpose of the proposed VLC is to begin to arrange the condominium framework for a proposed two -phased development. The first phase is subject to Site Plan Application SP23/006/F/AP (conditionally approved) and includes 138 dwelling units in the form of street townhouses (42 units) and stacked townhouses (96 units), as well as common features (e.g., amenity area, stormwater management facility). The second phase (not yet subject to a Site Plan Application for development) includes an additional 373 dwelling units in the form of two apartment towers on a shared podium, surface retail/visitor parking, and 1,086 m2 of commercial space. The proposed VLC would create 15 Units for residential use and would define the extent of the elements that are common to the entirety of the subject lands. These common elements include, for example, private roads, a common amenity area, a stormwater management facility, and underground services. The Exclusive Use Areas, include parking spaces that are for the exclusive use of the residential dwelling units within Units 8-13. The VLC is proposed in a single registration stage. In the future, the owner intends to apply for two phased standard condominiums with their respective boundaries matching the Site Plan phases. These future applications would further refine the condominium framework for the subject lands. Page 58 of 295 The proposed Vacant Land Condominium is consistent with conditionally -approved Site Plan Application SP23/006/F/AP (see Attachment `B'), conforms to the City's Official Plan and complies with Zoning By-law 85-1 (subject to approved Minor Variances). The VLC Draft Plan is attached as Attachment `A'. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. Housing related policies in the PPS encourage providing an appropriate range and mix of housing options and densities to meet projected market-based needs of current and future residents. The PPS also promotes directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to make efficient use of land. The proposed VLC is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services and which creates high quality public open spaces. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and targets in this Plan, as well as the other policies of this Plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Planning staff is of the opinion that the subject application conforms to the policies of the Growth Plan. Regional Official Plan (ROP) 2023: The subject lands are designated Urban Area and Designated Greenfield Area on Map 2 of the Regional Official Plan (ROP). While the ROP directs most of the region's growth to Delineated Bulit-Up Areas, new development is also directed to Designated Greenfield Areas. In accordance with the ROP: New greenfield communities will be compact and efficient to meet the vision and objectives of this Plan. They will be designed as 15 -minute neigbourhoods that enable people to live car -free or "car -lite" (i.e., households with fewer vehicles than workers) by offering convenient access to a diverse mix of jobs, housing, schools, cultural, and recreational opportunities, and local shops and food destinations. They also provide access to high quality, pedestrian accessible open spaces, parks and greenspaces to all members of the community in an inclusive and equitable way. Page 59 of 295 Permitted uses of the Designated Greenfield Area include a broad range of land uses where people can meet their daily needs for goods, services and employment. Based on staff review and comments from the Region of Waterloo, staff is of the opinion that the application conforms to the Regional Official Plan. Rosenberg Secondary Plan and 2014 City of Kitchener Official Plan The City's Official Plan establishes an urban structure and provides policies for directing growth and development and allocating land use. In this case, the subject lands are identified both within the Rosenberg Secondary Plan and within the 2014 City of Kitchener Official Plan. The subject lands are located within the City's Designated Greenfield Area and are identified as Urban Corridor on Map 2 — Urban Structure of the City's 2014 Official Plan. Moreover, Map 22a of the Rosenberg Secondary Plan establishes an area -specific Community Structure and identifies the subject lands as Corridor. Corridors (and Nodes) are intended to provide a balanced distribution of commercial, office, institutional and multiple residential uses. Accordingly, land use designations within the Fischer Hallman Corridor are planned to provide for a range of uses. Specifically, the planned function of the Fischer Hallman Corridor is to provide for compact and intensive development along a transit corridor. With respect to land use, the subject lands are split -designated on Map 22e (Land Use) of the Rosenberg Secondary Plan, generally as follows: • The lands fronting Fischer Hallman Road are primarily designated Mixed Use Two with Special Policy Area 6. This site-specific land use designation allows for a range of commercial and office uses along with multiple residential uses to a maximum Floor Space Ratio (FSR) of 6.3 and a building height of 22 storeys (75 metres). • The lands abutting Rockwood Drive and abutting the dwellings fronting onto Tamvale Crescent are designated Low Density Residential One. This designation allows for low density residential uses, including street townhouse dwellings. • The lands on the interior of the site are designated Medium Density Residential One. This designation allows for a range of medium density housing types including townhouse and multiple dwellings with a maximum Floor Space Ratio of 1.0 and building heights generally ranging between 3-8 storeys. Development and Housing Approvals staff is of the opinion that the application conforms to the Rosenberg Secondary Plan and 2014 Official Plan. Department and Agency Comments: A copy of all comments received from the commenting agencies and City departments is attached as Attachment `D'. There are no outstanding concerns with the proposed application. Various agencies have requested conditions, which have been incorporated into the draft approval conditions (see Attachment `A'). Page 60 of 295 Community Input and Staff Responses: Staff received 3 written responses from community members (see Attachment `E'). Residents asked questions pertaining to retaining walls and property boundaries abutting the properties that front onto Tamvale Crescent. There were also questions about traffic studies that were completed for previous applications. One resident expressed concerns over building heights, privacy, and construction impacts. Another resident expressed concerns about transportation movements in the area resulting from an increase in development and population. Staff responded to the residents by email and by phone to answer questions and respond to concerns. Staff explained that only the tenure is being considered through the subject application; building height, privacy, and traffic were considered though previous applications. Changes to the built form, unit count, Official Plan designation or zoning cannot be made through the subject application. In the case of transportation -related questions, Development and Housing Approvals staff forwarded the inquiry to the Region and City Transportation Services staff for response and they have advised that they do not have any concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report was posted to the City's website with the agenda in advance of the committee meeting. Notice of the application was published in The Record on May 10, 2024 and a notice of the public meeting was placed in The Record on July 19, 2024 (Attachment `C'). CONSULT — The application was circulated for comment to property owners within 120 metres of the subject lands on May 6, 2024. PREVIOUS REPORTS/AUTHORITIES: • DSD -2023-429 regarding Official Plan Amendment Application OPA23/014/F/TS and Zoning By-law Amendment Application ZBA23/024/F/TS. • DSD -2023-409 regarding Private Street Naming. • Conditional Approval Letter, dated March 28, 2023, regarding Site Plan Application SP23/006/F/AP. • DSD -2023-279 regarding Minor Variance Application A2023-067. • KDA Report 23-04 regarding Demolition Control Application DC23/001/F/TZ. • Planning Act R.S.O. 1990 • Provincial Policy Statement, 2020 • Growth Plan, 2020 • Rosenberg Secondary Plan • Official Plan, 2014 • Zoning By-law 85-1 Page 61 of 295 REVIEWED BY: Tina Malone -Wright —Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Garett Stevenson, Director of Development and Housing Approvals ATTACHMENTS: Attachment `A' — Draft Approval Conditions & Draft Plan of Condominium 30CDM-24209 (2 Drawings) Attachment `B' — Conditionally -Approved Site Plan Drawing SP23/006/F/AP Attachment `C' — Newspaper Notice Attachment `D' — Department and Agency Comments Attachment `E' — Community Comments Page 62 of 295 Attachment `A' Report DSD -2024-314 DRAFT PLAN OF CONDOMINIUM 30CDM-24209 1198 FISCHER HALLMAN ROAD, 1274 BLEAMS ROAD, 264 ERINBROOK DRIVE DEERFIELD HOMES LTD. RECOMMENDED CONDITIONS OF DRAFT APPROVAL That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2023-103, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-24209 for the property municipally known as 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive, in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-24209 owned by Deerfield Homes Ltd., dated July 16, 2024, proposing a Vacant Land Condominium Plan for 3.611 hectares of land comprised of 15 units, common elements, and exclusive use areas. Units 1-15: Residential Use (e.g., all future dwellings, certain parking spaces, certain walkways and portions thereof, certain landscaped areas, deep well garbage / recycling units, bicycle parking facilities). Common Elements: Lands 1 foot below grade (e.g., servicing and utilities), common amenity area, stormwater management facility, internal drive aisles, certain walkways and portions thereof, certain landscaped areas. Exclusive Use Areas: Certain parking spaces, and portions of immediately abutting walkways and deep well garbage / recycling units. 2. That the final plan shall be prepared in general accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Development and Housing Approvals. 3. That prior to registration, the Owner obtain approval form the City's Addressing Analyst of the following: A. An addressing plan showing the proposed units with Condominium Unit Numbering; and; B. A summary table containing the proposed Condominium Unit Numbering and assigned municipal addresses. 4. That the Condominium Declaration proposed to be registered (the "Declaration") or any amendment thereto to effect the registration of a condominium phase shall be submitted for approval to the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services. The said Declaration shall contain: Provisions, to the satisfaction of the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements including, but not limited to, access lanes, sanitary, storm and water services, gas utilities and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 4 ii) through 4 vii), as outlined below, to the satisfaction of the City's Director of Development and Housing Approvals. Page 63 of 295 ii) That the condominium corporation agrees to maintain the subject lands in compliance with approved Site Plan. iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation; iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. V) Provisions that identify if the approved condominium plan is to be phased pursuant to the Act that ensure that: a. the lands in the registered condominium plan created by the registration of the Declaration and Description have either direct access or access pursuant to one or more easements satisfactory to the City's Director of Development and Housing Approvals and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Director and Commissioner; b. the lands in any phase registered after the initial registration of the Declaration and Description have, following the registration of such phase, either direct access or access pursuant to one or more easements satisfactory to the City's Director of Development and Housing Approvals and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Director and Commissioner; the remainder of the lands of the approved condominium plan not yet registered as part of the proposed condominium plan have, following the initial registration of the Declaration and Description or any phase thereof, either direct access or access pursuant to one or more easements satisfactory to the City's Director of Development and Housing Approvals and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Director and Commissioner. d. the City's Director of Development and Housing Approvals and/or the Region's Commissioner of Planning, Development and Legislative Services may require solicitors' and/or engineers' written opinions as such Manager or Commissioner may deem necessary to establish compliance with any one or more of the conditions set out in the three subparagraphs immediately above. vi) Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519 -570 - Page 64 of 295 3 0003 ext. 4419, or email plan ning(a)wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. vii) In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point. 5. That the Owner covenant and agree in writing to the City's Director of Development and Housing Approvals to register a Condominium Declaration which shall include the approved provisions as required in condition 4 hereof. 6. That the Owner shall provide an undertaking that the new home purchasers will be advised in Offers of Purchase and Sale of the location of Community Mail Boxes. 7. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 8. That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: i) For any of such easements which are not blanket easements, the Owner shall provide drafts of any required reference plan(s) showing the proposed easement(s) location to the City's Director Development & Housing Approvals prior to the registration. Such easement(s) and reference plan(s) must be circulated for comment to Enova Power Corp., any telecommunication companies, and the City's Director of Engineering Services to ensure that there are no conflicts between the desired locations for utility and municipal easements. ii) if utility easement locations are proposed within lands to be conveyed to, or owned by the City, the Owner shall obtain prior written approval from the City's Director Development & Housing Approvals; and iii) to provide to the City's Director Development & Housing Approvals a clearance letter from each of Enova Power Corp. and the telecommunications company (ies) (if any) supplying telecommunication services to the property. Such letter shall state that sufficient wire -line communication/telecommunication infrastructure is available within the proposed development and the provider(s) have received all required easements if required. 9. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works as may be identified through the Site Plan process to the satisfaction of the City's Director of Development and Housing Approvals. i) The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformity with the approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion Page 65 of 295 and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Director of Development and Housing Approvals, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Director of Development and Housing Approvals. 11. That prior to the initial registration, where required, at the discretion of the Chief Building Official, that the Owner enter into a shared servicing agreement to be registered on title, to the satisfaction of the City Solicitor. In addition, where the shared servicing agreement is required: The Owner shall provide a written undertaking to cause the condominium corporation created by the initial registration to enter the same shared servicing agreement after said registration and have the agreement registered on title to the initial registration and proposed future phases, to the satisfaction of the City Solicitor. ii) A solicitor shall provide an undertaking not to register the shared servicing agreement in any form other that the form approved by the City. 12. That prior to registration, the Owner shall obtain final site plan approval for the subject lands. 13. That prior to final approval the Owner/Developer shall enter into an agreement with the City of Kitchener, to be registered on the title to the property, that provides: All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same. a) "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. " Page 66 of 295 b) "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email P1anninp(awrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. " c) "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point. " 14. In cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer shall send a letter to all purchasers which include the above statements (Conditions 13 i), a), b), and c). 14. That the Owner/Developer shall supply, erect and maintain a sign (at the Owner/Developer's expense and according to the WRDSB's specifications), near or affixed to the development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB. 15. That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. 16. That the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Regional Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging. 17. That prior to final approval, the Owner/Developer shall provide a detailed Environmental Noise study that addresses both Road and Stationary Noise to the satisfaction of the Regional Municipality of Waterloo. 18. That prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and/or City of Kitchener to implement the recommendations contained in the detailed Environmental (Road and Stationary) Noise study. 19. That prior to final approval all noise warning clauses identified within the noise study shall be included within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo. 20. That prior to final approval, the Owner/Developer shall provide funds for the construction of an concrete combined transit shelter pad approximately 9.5m x 2.7m and a landing pad and a 5' x 12' glass transit shelter to the satisfaction of the Regional Municipality of Waterloo. 21. That prior to final approval, the Owner/ Developer shall submit a salt management plan and include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the salt management plan, all to the satisfaction of the Regional Municipality of Waterloo. Page 67 of 295 22. That prior to final approval, the Owner/Developer shall submit a Functional Servicing Report to the satisfaction of the Regional Municipality of Waterloo. 23. That prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener. 24. That prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. CLEARANCES: That prior to the signing of the final plan by the City's Director of Development and Housing Approvals, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 25 inclusive have been met. The submission shall include a brief but complete statement detailing how and when each condition has been satisfied. 2. That prior to signing of the final plan by the City's Director of Development and Housing Approvals, the Regional Municipality of Waterloo shall notify the City's Director of Development and Housing Approvals that Conditions 4i), iii), iv), v) & vii), and 17 through 25 have been satisfied. NOTES: 1. The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality will apply to any future development on the site. 2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. Draft approval will be reviewed by the Director of Development and Housing Approvals from time to time to determine whether draft approval should be maintained. 4. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Department of Planning, Development and Legislative Services and the City of Kitchener Development Services Department of any changes in ownership, agent, address and phone number. 5. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 96- 025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. 6. This draft plan was received on February 23, 2024 and deemed complete on April 16, 2024 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended as of that date. 7. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional Page 68 of 295 staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 8. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and we have received assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the Director of Development and Housing Approvals signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration The following is required for registration and under The Registry Act and for our use: Two (2) original mylar Five (5) white paper prints One (1) digital copy Page 69 of 295 Residential ' 00/rI'll 1A ROCKWOOD RD CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 20 , this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this the _ day of ,20_, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Garett Stevenson, RPP, MCIP Director of Development of Housing Approvals Page 70 of 295 'Is""1 ISBNr I I I I I I1111111110,10.1 1�®" ■ Land Use Schedule o AT GRADE fa323a�) —\: ■I■I■I■I■I■ ■I■I■I■I■I■ : �� LAND USE AREA (ha.) UNIT 1 \�■a, Unit 1 Residential 0.152 0.152ha UNIT 14 :� �mmmmmm�mmmmmmmm mmm_immmmm .IL377ac) Unit3 Residential 0.107 COMMON ELEMENT Unit4 Residential 0.107 Unit Residential 0.143 -- Unit6 Residential 0.127 Unil7 Residential 0.115 Unit Residential 0.149 Unit 9 Residential 0.126 Unit 10 Residential 0.130 71 BLEAMS RD Unit 11 Residential 0.146 Unit 12 Residential 0.131 -� (Regional Road 56) Unit 13 Residential 0.142 - - Unit 14 Residential 0.499 Unit 15 Residential 0.319 UNIT5 Denotes Unit Number Exclusive Use Areas 0.100 ® Denotes common Element �•� Denotes Property Boundary Common Element 1.010 Ueno[es Exclusive Use Area Denotes Unit Boundary TOTAL 3.611 VACANT LAND CONDOMINIUM ® L-NENTwLUNnaoNNDA— REVISED: "LL rE ioENnTiEo„ No oNE.TEo T1NONNn-1111„TE IT„N-10 11INwM FLAN ILII -Eo. CONDOMINIUM APPLICATION 30CDM-24209 DRAFT PLAN At Grade 0 5 10 20 30 - ZJNINti BYLAW ANENDNENT ZBA23/021/F,T3 SITE PL4N APPLICATION SP23/006/F/AP DEERFIELD HOMES LTD.SCALE: . --------- 1:1,250 CDM.242 PART OF LOTS 2 � City of Kitchener CCDM.24209 AND BLOCK 136a REGISTERED PLAN�1730 11198 FISCHER$HALLMAN RD, DATE: LULL 16, 2024 Development Services Department, Planning 1274 6LEAM5 RD, 264 ERINBROOK DR) - - •• -��■■ INI 15 _ I mmmm-mmmmm,,%�� I� r��"��mimimmimmmmmm mmmmmm�mmmm_immmmm \�■■■ II CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 20 , this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this the _ day of ,20_, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Garett Stevenson, RPP, MCIP Director of Development of Housing Approvals Page 70 of 295 UNIT uo T 1� Land Use Schedule o AT GRADE fa323a�) (0.351—) --, LAND USE AREA (ha.) UNIT 1 Unit 1 Residential 0.152 0.152ha Unit2 Residential 0.109 _ - .IL377ac) Unit3 Residential 0.107 COMMON ELEMENT Unit4 Residential 0.107 Unit Residential 0.143 -- Unit6 Residential 0.127 Unil7 Residential 0.115 Unit Residential 0.149 Unit 9 Residential 0.126 Unit 10 Residential 0.130 71 BLEAMS RD Unit 11 Residential 0.146 Unit 12 Residential 0.131 -� (Regional Road 56) Unit 13 Residential 0.142 - - Unit 14 Residential 0.499 Unit 15 Residential 0.319 UNIT5 Denotes Unit Number Exclusive Use Areas 0.100 ® Denotes common Element �•� Denotes Property Boundary Common Element 1.010 Ueno[es Exclusive Use Area Denotes Unit Boundary TOTAL 3.611 VACANT LAND CONDOMINIUM ® L-NENTwLUNnaoNNDA— REVISED: "LL rE ioENnTiEo„ No oNE.TEo T1NONNn-1111„TE IT„N-10 11INwM FLAN ILII -Eo. CONDOMINIUM APPLICATION 30CDM-24209 DRAFT PLAN At Grade 0 5 10 20 30 - ZJNINti BYLAW ANENDNENT ZBA23/021/F,T3 SITE PL4N APPLICATION SP23/006/F/AP DEERFIELD HOMES LTD.SCALE: OFFICIALPLAN 1MENDMENTOP423,014TLS 1:1,250 CDM.242 PART OF LOTS 2 City of Kitchener CCDM.24209 AND BLOCK 136a REGISTERED PLAN�1730 11198 FISCHER$HALLMAN RD, DATE: LULL 16, 2024 Development Services Department, Planning 1274 6LEAM5 RD, 264 ERINBROOK DR) CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 20 , this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this the _ day of ,20_, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. Garett Stevenson, RPP, MCIP Director of Development of Housing Approvals Page 70 of 295 w Vacant/ Commercial de ROCKWOOD RD Land Use Schedule \` 1 FOOT BELOW GRADE LAND USE AREA (ha.) Units Residential 1.453 Common Element 2.158 BLEAMS RD TOTAL 3.611 (Regional Road 56) SECTION A -Ai A Al I Residential Denotes Property Boundary Denotes Unit Boundary \\\\\ "sioeri A� uNTIEIIEeauno,�Res vnu,oe" Teo,�Hoc'enleo T -1-A ,,,E ITANN—[e1—IN1mon EFeo VACANT LAND CONDOMINIUM ® REVISED: CONDOMINIUM APPLICATION 30CDM-24209 DRAFT PLAN - I Foot Be/ow Grade 0 ` 10 20 3° ZONING B EGYAMENDMENTZBA23,021 FTS SITE PLPN APPLICATION SF23/006OAAP DEERFIELD HOMES LTD. SCALE: 1:1,250 OFFICIAL PLANAMENDNENTOPA23,014/F/Ts PART OF LOTS 2 AND 3, REGISTRAR'S COMPILED PLAN 1483 City of Kitcheneap. r AD ' LE M FND BLOCK 136, REGISTERED PLSN 1 730 11 1 98 FISCHER HALLM4N RD DATE: JULY 16, 2024 Development Services Department, Planning dwg 1274 BLEALVS RD, 264 ERINBROOK DRI CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions, if any, set forth in our letter dated , 20 , this draft plan is approved under Section 51 of The Planning Act, R.S.O. 1990 as amended, this the d Of ,20_, provided no appeal is filed pursuant to subsection 51(39) of The Planning Act. 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Planning & Strategic Initiatives Committee Date: August 12, 2024 Location: Council Chambers, Kitchener City Hall 200 King Streetlest orVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Andrew Pinnell, Senior Planner andrew.pinnell@ kitchener.ca 519.741.2200 x7668 The City of Kitchener will consider an application proposing a Vacant Land Condominium (VLC) which would consist of 15 Units. A VLC is like a plan of subdivision except the road is privately -owned rather than publicly owned and lots are referred to as "units" in a VLC. The 15 Units would be created for residential use and would define the extent of the elements that are common to the entirety of the subject lands. These common elements include, private roads, common amenity area, stormwater management faF?Id7&r2iervices. The Exclusive Use Areas, include parking spaces that are for the exclusive use of the residential dwelling units within Units 8-13. Andrew Pinnell From: Jason Brule Sent: Monday, July 8, 2024 3:43 PM To: Andrew Pinnell Subject: RE: 1198 Fisher Hallman VLC Hi Andrew, The explanation from Rachel clears things up for me. I am satisfied with this condo. Thank you. Regards, Jason Brule, C.E.T. 519-741-2200 ext.7419 From: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Sent: Friday, July 5, 2024 9:14 AM To: Jason Brule <Jason.Brule@kitchener.ca> Subject: FW: 1198 Fisher Hallman VLC Hi Jason, See below updated condo draft plan / info. I note that you had comments regarding this one (see fourth attachment for reference). Would you please confirm that you're satisfied with this condo before we draft approve? Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnellPkitchener.ca 610 E931rR �-, Page 74 of 295 Andrew Pinnell From: Rojan Mohammadi Sent: Friday, June 14, 2024 8:07 AM To: Andrew Pinnell Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, No concerns for me. Please be advised that they still haven't received their final site plan approval. Thanks Rojan Mohammadi MA, MCIP, RPP, PMP (She/Her) Senior Urban Designer I Planning Division I City of Kitchener 519-741-2200 x 7326 1 TTY 1-866-969-9994 1 Roian.mohammadi(aDkitchener.ca 0 ()00 00" Page 75 of 295 Andrew Pinnell From: Deeksha Choudhry Sent: Friday, June 14, 2024 4:26 PM To: Andrew Pinnell Subject: Re: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, I confirmed with Jessica because she took over this file when I left, and heritage planning staff have no concerns. Thanks! Kind Regards, Deeksha Choudhry, MSc., BES Heritage Planner I Development and Housing Approvals Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-220o ext. 7602 deeksha.choudhrv(&kitchener.ca �� ZMIfZXZ0I�� Page 76 of 295 Andrew Pinnell From: Barbara Steiner Sent: Monday, May 6, 2024 11:32 AM To: Andrew Pinnell Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) No concerns. Barbara Steiner Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 X7293 I TTY 1-866-969-9994 1 barbara.steiner@kitchener.ca Page 77 of 295 DEVELOPMENT SERVICES DEPARTMENT BUILDING DIVISION Robert Schipper, CBCO Manager of Building City Hall, P.O. Box 1118 200 King St. W., 51" Floor Kitchener, Ontario Canada, N2G 4G7 Phone: (519)741-2836 Fax: (519 741-2775 robert.schipper(o-)kitchener.ca May 7, 2024 Attn: Activa Holdings Inc. Subject: Vacant land Condominium application 30CDM-24209 for 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive, Kitchener Building Division has no concerns with the vacant land Condominium application. Thank you for giving us this opportunity to respond to this application. Sincerely, Robert Schipper, CBCO Manager of Building c.c. Andrew Pinnell Page 78 of 295 Andrew Pinnell From: David Heuchert Sent: Monday, June 17, 2024 7:02 AM To: Andrew Pinnell Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, sorry about that. I also see Jen previously signed off. No further comments from FP then. Thanks, Dave Heuchert, CET, CBCO Chief Fire Prevention Officer I Fire I City of Kitchener 519-741-2200 x 5529 1 TTY 1-866-969-9994 1 dave.heuchert(aD-kitchener.ca From: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Sent: Thursday, June 13, 2024 4:42 PM To: David Heuchert <Dave.Heuchert@kitchener.ca> Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi David, Thanks for these condo comments. However, were these comments previously addressed through the conditionally - approved site plan application, which will form the basis for the condo plan (see attached conditionally -approved site plan)? It looks like Jennifer Arends signed off Condition B(23) on October 24, 2023 in AMANDA. Please confirm. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnellPkitchener.ca From: David Heuchert <Dave.Heuchert@kitchener.ca> Sent: Thursday, June 13, 2024 4:26 PM To: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, please see my comments below. Page 79 of 295 - please show the turning radiuses at the entrance to the property. - demonstrate on the drawing that all suite doors and every required access opening are within 3m -30m from the fire access route measured along the path of travel (Emergency Service Policy) - show on the drawing that the private fire hydrants on site is located within 90m of all unit doors, using the path that the fire hose would have to be actually laid along, not a straight line (ESP) - can the entrance from Bleams Road be accessed from both directions? Thanks, Dave Heuchert, CET, CBCO Chief Fire Prevention Officer I Fire I City of Kitchener 519-741-2200 x 5529 1 TTY 1-866-969-9994 1 dave.heuchert(cDkitchener.ca Page 80 of 295 Andrew Pinnell From: Dave Seller Sent: Tuesday, May 7, 2024 9:44 AM To: Andrew Pinnell Subject: TS Comments: (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Transportation Services have no concerns with this application. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.sellerakitchener.ca Page 81 of 295 Andrew Pinnell From: Taylor Stapleton Sent: Wednesday, May 29, 2024 5:16 PM To: Andrew Pinnell Subject: Circulation for Comment - Draft Plan of VLC 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hi Andrew, In regards to draft plan VLC 30CDM-24309 Parks has no concerns, no requirements. Thanks, Taylor Stapleton (she,her) Associate Landscape Architect, Parks & Open Space Design and Development I Parks & Cemeteries I City of Kitchener 1-519-577-3867 1 Taylor. Stapleton akitchener.ca Page 82 of 295 N* Region of Waterloo Andrew Pinnell, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Pinnell, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D1920/2/24209 June 17, 2024 Re: Proposed Vacant Land Plan of Condominium 30CDM-24209 1198 Fischer Hallman Road, 1274 Bleams Road and 264 Erinbrook Drive MHBC Planning Inc. C/O Rachel Wolff on behalf of Activa Holdings C/O Alex Sumner CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Vacant Land Plan of Condominium at 1198 Fisher Hallman Road, 1274 Bleams Road and 264 Erinbrook Drive in Kitchener. The purpose of these comments is to identify any items that need to be address prior to draft approval and those that can be imposed as conditions of approval. The applicant is proposing a Vacant Land Plan of Condominium that is to be developed in two phases, but released in 1 phase. The condominium proposes 15 units for residential use. Common Elements include the private roads, the central common amenity area, a stormwater management facility and all underground services. Exclusive Use areas include the parking spaces associated with residential units 8-13. The subject lands are located in the Urban Area of the Region and are Designated Greenfield Area in the Regional Official Plan. The subject lands are designated Low Density Residential One and Medium Density Residential One in the City of Kitchener Official Plan and zoned Residential 6 (R-6) Zone in the City of Kitchener Zoning By- law. Furthermore, there is a conditionally approved site plan applying to the first phase (File No. SP23/006/F/AP). Document Number: 4707898 Version: 1 Page 83 of 295 These comments relate to the Draft Vacant Land Plan of Condominium prepared by the City of Kitchener; dated February 5, 2024: Regional Comments Community Planning The subject lands are designated "Urban Area", and "Designated Greenfield Area" on Map 2 of the Regional Official Plan (ROP). The site is designated Mixed Use Two with Special Policy Area 6, Medium Density Residential One and Low Density Residential One with Special Policy Area 10 in the City of Kitchener Official Plan. Permitted uses of the Urban Area and Designated Greenfield Area in the ROP include urban uses such as residential and commercial/retail uses, among others. Regional staff have the following technical comments and conditions related to the proposal: Environmental Noise The applicant has previously submitted an Environmental Noise Study entitled "Noise Feasibility Study, Proposed Residential Development, 1198 Fischer -Road and 1274 Bleams Road, Kitchener, ON" prepared by HGC, dated June 20, 2023 (project number # 02200837) and the Region provided the attached comments March 20, 2024, which have yet to be addressed. The Region shall require that the attached concerns related to the noise study are addressed to the Region's satisfaction through a condition of draft plan approval and that any recommendations are implemented through a Registered Development Agreement with the Regional Municipality of Waterloo and/or City of Kitchener as a condition of draft plan approval. Furthermore, all recommended warning clauses shall be included in the Condominium Declaration and Purchase and Sale/Lease/Rental Agreement, as a condition of draft plan approval. Please be advised that additional peer review fees may be required depending on the scope of the review. Grand River Transit: Grand River Transit (GRT) provides two way service for routes Route 12 and Route 33 adjacent to the subject property. In addition, there are six (6) GRT stops within 240 metres of the subject lands. As a result of the increased population density proposed through the site and future GRT expansion of service along Bleams Road, a new GRT stop will be required adjacent to the subject property. The stop will be located approximately 7m west of the proposed Bleams Road access to the subject property, and be located entirely within the boulevard of Bleams Road. The owner/applicant will be required to pay funds in lieu for the construction of one 9.5m x approximately 2.7m concrete combined shelter pad/landing pad and for the provision of one 5' x 12' glass transit shelter. The current cost of the concrete shelter pad/landing pad and glass transit Document Number: 4707898 Version: 1 Page 84 of 295 shelter is $16,875 as a condition of draft plan approval. Please be advised that the cost for these amenities may increase in the future. Hydrogeology and Source Water Protection: The subject lands are located in Wellhead Protection Sensitive Area 8 (WPSA 8) and the owner/applicant has proposed more than eight at grade vehicular spaces or 200 square metres of asphalt throughout the site, a Salt Management Plan shall be required as a condition of draft plan approval. In addition, once the salt management plan has been accepted by the Region, the Owner/Developer shall include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the salt management plan, o as a condition of draft plan approval. Regional Water Services: The applicant is advised that the Region shall not support a connection to the Regional watermains on Bleams Road and Fischer -Hallman Road in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, February 2023. Further to the above, the Region shall require a Functional Servicing Report as a condition of draft plan approval. The Functional Servicing Report shall demonstrate whether the existing infrastructure can support the proposed development or if upgrades to infrastructure is required. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. Staff recommend that the applicant consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. Document Number: 4707898 Version: 1 Page 85 of 295 For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least ex ensive of: Housing for which the purchase price results in annual accommodation costs $2,040 which do not exceed 30 percent of gross $395,200 annual household income for low and moderate income households Bachelor: $1,164 Housing for which the purchase price is 1 -Bedroom: $1,346 at least 10 percent below the average $740,000 purchase price of a resale unit in the 3 -Bedroom: $2,039 regional market area 4+ Bedroom: n/a *Based on the most recent information available from the PPS Housing Tables (2023). In order for an owned unit to be deemed affordable, the maximum affordable house price is $395,200. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual $2,040 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $1,164 average market rent (AMR) in the 1 -Bedroom: $1,346 regional market area 2 -Bedroom: $1,658 3 -Bedroom: $2,039 4+ Bedroom: n/a "Based on the most recent information available from the PPS Housing Tables (2023) In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Draft Plan of Condominium Conditions: The Region has no objections to draft approval of Vacant Land Plan of Condominium 30CDM-24209, subject to the inclusion of the following conditions of Draft Approval set out below: 1) THAT the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 2) THAT prior to final approval, the Owner/Developer shall provide a detailed Environmental Noise study that addresses both Road and Stationary Noise to the satisfaction of the Regional Municipality of Waterloo; Document Number: 4707898 Version: 1 Page 86 of 295 3) THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and/or City of Kitchener to implement the recommendations contained in the detailed Environmental (Road and Stationary) Noise study; 4) THAT prior to final approval all noise warning clauses identified within the noise study shall be included within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo; 5) THAT prior to final approval, the Owner/Developer shall provide funds for the construction of an concrete combined transit shelter pad approximately 9.5m x 2.7m and a landing pad and a 5' x 12' glass transit shelter to the satisfaction of the Regional Municipality of Waterloo; 6) THAT prior to final approval, the Owner/ Developer shall submit a salt management plan and include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the salt management plan, all to the satisfaction of the Regional Municipality of Waterloo; 7) THAT prior to final approval, the Owner/Developer shall submit a Functional Servicing Report to the satisfaction of the Regional Municipality of Waterloo; 8) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener; and, 9) THAT prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. Fees The Region acknowledges receipt of the Region's condominium application review fee of $4,650.00 (received June 3, 2024). General Comments Any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Document Number: 4707898 Version: 1 Page 87 of 295 Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. Activa Holdings C/O Alex Sumner (Owner) MHBC Planning Inc. C/O Rachel Wolff (Applicant) Document Number: 4707898 Version: 1 Page 88 of 295 Andrew Pinnell From: PrimeCities <WSP.PrimeCities@wspdigitalfactory.com> Sent: Friday, May 31, 2024 9:52 AM To: Andrew Pinnell Subject: Draft Plan of Condominium (30CDM-24209), 1198 Fischer Hallman Rd., 1274 Bleams Rd., and 264 Erinbrook Dr., Kitchener You don't often get email from wsp.primecities@wspdigitalfactory.com. Learn why this is important db 5/31/2024 Andrew Pinnell Kitchener Kitchener (City) Attention: Andrew Pinnell Re: Draft Plan of Condominium (30CDM-24209), 1198 Fischer Hallman Rd., 1274 Bleams Rd., and 264 Erinbrook Dr., Kitchener; Your File No. 30CDM-24209 Our File No. DTS: 34522 / Circ: 42162 Dear Sir/Madam, We have reviewed the circulation regarding the above noted application. The following paragraphs are to be included as a condition of approval: Bell Canada Condition(s) of Approval 1) The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 2) The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. Upon receipt of this comment letter, the Owner is to provide Bell Canada with servicing plans/CUP at their earliest convenience to planninganddevelopment@bell.ca to confirm the provision of communication/telecommunication infrastructure needed to service the development. It shall be noted that it is the responsibility of the Owner to provide entrance/service duct(s) from Bell Canada's existing network infrastructure to service this development. In the event that no such network Page 89 of 295 infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. Concluding Remarks: To ensure that we are able to continue to actively participate in the planning process and provide detailed provisioning comments, we note that we would be pleased to receive circulations on all applications received by the Municipality and/or recirculations. If you believe that these comments have been sent to you in error or have questions regarding Bell's protocols for responding to municipal circulations and enquiries, please contact plan ninganddevelopment@bell.ca directly. We note that WSP operates Bell Canada's development tracking system, which includes the intake and processing of municipal circulations. However, all responses to circulations and requests for information, such as requests for clearance, will come directly from Bell Canada, and not from WSP. WSP is not responsible for Bell's responses and for any of the content herein. Should you have any questions, please contact the undersigned. Yours Truly, Juan Corvalan Senior Manager - Municipal Liaison Email: plan ninganddevelopment@bell.ca. 2 Page 90 of 295 CANADA POST 2701 RIVERSIDE DRIVE SUITE N0820 OTTAWA ON K1A OB1 CANADAPOST.CA May 7. 2024 POSTES CANADA 2701 PROM RIVERSIDE BUREAU N0820 OTTAWA ON K1A OB1 POSTESCANADA.CA Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter(cDkitchener.ca Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Canada Post has reviewed the proposal for the above noted Development and has determined that the completed project will be serviced by centralized mail delivery provided through Canada Post Community Mailboxes. Our centralized delivery policy will apply for any buildings of 3 or more self-contained units with a common indoor area. For these units the owner/developer will be required to install a mail panel and provide access to Canada Post. In order to provide mail service to this development, Canada Post requests that the owner/developer comply with the following conditions: => The owner/developer will consult with Canada Post to determine suitable permanent locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans. => The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. => The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. => The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. => The owner/developer will communicate to Canada Post the excavation date for the first foundation (or first phase) as well as the expected date of first occupancy. => The owner/developer agrees, prior to offering any of the residential units for sale, to place a "Display Map" on the wall of the sales office in a place readily available to the public which indicates the location of all Canada Post Community Mailbox site locations, as approved by Canada Post and the Region of Waterloo. => The owner/developer agrees to include in all offers of purchase and sale a statement, which advises the prospective new home purchaser that mail delivery will be from a designated Community Mailbox, and to include the exact locations (list of lot #s) of each of these Community Mailbox locations; and further, advise any affected homeowners of any established easements granted to Canada Post. => The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. Canada Post further requests the owner/developer be notified of the following: 1 The owner/developer of any condominiums will be required to provide signature for a License to Occupy Land agreement and provide winter snow clearance at the Community Mailbox locations. 2 Enhanced Community Mailbox Sites with roof structures will require additional documentation as per Canada Post Policy. 3 There will be no more than one mail delivery point to each unique address assigned by the Municipality. 4 Any existing postal coding may not apply, the owner/developer should contact Canada Post to verify postal codes for the project. 5 The complete guide to Canada Post's Delivery Standards can be found at: https://www.canadapost.ca/cpo/mc/assets/pdf/business/standardsmanual en.pdf Regards, Brad Biskaborn Delivery Services Officer I Delivery Planning Huron/Rideau Region 955 Highbury Ave N London ON N5Y 1A3 brad.biska born @canada post.ca Page 92 of 295 Andrew Pinnell From: Ricardo Ruiz <ricard o.ruiz@enovapower.com> Sent: Tuesday, June 18, 2024 9:20 AM To: Andrew Pinnell Cc: John Theriault; Shaun Wang Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Attachments: Dept & Agency Circ Letter _1198 Fischer Hallman, 1274 Bleams, 364 Erinbrook.pdf, Condominium Plan -City Template.pdf, Site Plan Drawing_Attachment.pdf Good Morning Andrew, Enova Power Corp. does not have any objection for the proposed project 30CDM-24309. The developer has confirmed that the future development along Fischer -Hallman Road will have a separate civic address so we can provide a service to each site. Regards, Ricardo Ruiz (he/him) C.E.T. I Distribution Design Supervisor Office Number: 226-896-2200 Ext. 6304 Mobile Number: 519-497-6221 ricardo.ruiz(cDenovapower.com www.enovapower.com From: Shaun Wang <shaun.wang@enovapower.com> Sent: Monday, June 17, 2024 5:05 PM To: Ricardo Ruiz <ricardo.ruiz@enovapower.com> Cc: John Theriault <john.theriault@enovapower.com>; Andrew. PinnelI@kitchener.ca Subject: FW: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Importance: High Ricardo, Please review and reply to Andrew. I didn't find any conflict from initial review. Thanks. Shaun Wang P.Eng. I Manager of System Planning and Customer Connections Enova Power Corp 301 Victoria St. South, Kitchener, ON N2G 4L2 Office Number: 226-896-2200 x6312 shaun.wang@enovapower.com I enovapower.com Page 93 of 295 Page 94 of 295 Andrew Pinnell From: Christine Kompter Sent: Wednesday, May 22, 2024 11:12 AM To: Andrew Pinnell Cc: Landuse Planning Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) This should have been sent to you directly, please see below. Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca o�00om0o From: SHLLAKU Paul <Paul.Shllaku@hydroone.com> On Behalf Of LANDUSEPLANNING Sent: Wednesday, May 22, 2024 10:59 AM To: Christine Kompter<Christine.Kompter@kitchener.ca> Subject: RE: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Hello, We are in receipt of your Plan of Condominium application, 30CDM-24309. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at Subdivision(@HydroOne.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ Please select " Search" and locate address in question by entering the address or by zooming in and out of the map Page 95 of 295 ■■■ ■o■ ■■■ MENU HELP SEARCH Customers Affected: 0 >5000 0 501-5000 0 1-500 0 21-50 x ENG 76 Go le r 7 HUntsvwe '4b0 1� 0 is Kawartha aoa Lakes Pelerb 'roug ■ r 4d ' pray plorlo Taranto 0 a Q0Kitche".r Misslssaug arnillon If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications(@HydroOne.com to be connected to your Local Operations Centre If you have any questions please feeIf ree to contact myself. Thankyou, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango a HydroOne.com 2 Page 96 of 295 Andrew Pinnell From: Planning <planning@wcdsb.ca> Sent: Wednesday, May 29, 2024 5:12 PM To: Andrew Pinnell Cc: Planning Subject: Fw: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Attachments: Dept & Agency Circ Letter _1198 Fischer Hallman, 1274 Bleams, 364 Erinbrook.pdf, Condominium Plan -City Template.pdf, Site Plan Drawing_Attachment.pdf You don't often get email from planning@wcdsb.ca. Learn why this is important Andrew, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): 1. That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. 2. That the developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point. " If you require any further information, please contact planning@wcdsb.ca . Jennifer Passy, BES, MCIP, RPP (she/her) Manager of Planning Waterloo Catholic District School Board Phone: 519-578-3677, ext. 2253 Cell: 519-501-5285 Need to book a meeting? Quick Chat (15min) I'h hr. Meeting 11 hr. Meeting 01T Waterloo Catholic District School Board My workday may look different from your workday. Please do not feel obligated to respond outside of your normal working hours. Page 97 of 295 Andrew Pinnell From: Sent: To: Cc: Subject: WRDSB Planning <planning@wrdsb.ca> Wednesday, May 29, 2024 10:59 AM Andrew Pinnell Planning Re: [Planning] Circulation for Comment - Draft Plan of Vacant Land Condominium 30CDM-24309 (1198 Fischer Hallman Rd, 1274 Bleams Rd, 264 Erinbrook Dr) Andrew Pinell May 29, 2024 Re: Notice of Application for Draft Approval - Plan of Condominium (Vacant Land) File No.: 30CDM-24209 Municipality: Kitchener Location: 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive Owner/Applicant: Activa Holdings Dear Andrew, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes a two phase development with 138 townhouse and multiple residential units in Phase 1 and 373 apartment units in Phase 2. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are currently assigned to the following WRDSB schools: • Glencairn Public School (Junior Kindergarten to Grade 6); • Laurentian Public School (Grade 7 to Grade 8); and • Cameron Heights Collegiate Institute (Grade 9 to Grade 12). Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. WRDSB staff are interested in engaging in a conversation with the [Municipality and Region if applicable], and applicant to review the optimization of pedestrian access to public transit, and municipal sidewalks so students may access school bus pick-up points. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal rights-of-way. WRDSB Draft Conditions Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the conditions of Draft Approval: 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students Page 98 of 295 may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." b. "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planninp(@wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information." c. "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of- ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point" 2. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on the title to the Property that provides: a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plannin-ga-wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. " iii. "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point" 3. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which include the above statements (conditions 2 a. i., ii., and iii.). 4. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's expense and according to the WRDSB's specifications), near or affixed to the development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB. 5. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's Education Development Charges By-law, 2021 or any successor thereof and may require the payment of Education Development Charges for these developments prior to issuance of a building permit. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Sincerely, Page 99 of 295 Emily Bumbaco Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: emily bumbaco(cDwrdsb.ca Website: www.wrdsb.ca On Mon, May 6, 2024 at 11:13 AM Christine Kompter<Christine.Kompter@kitchener.ca> wrote: Please see attached. Comments or questions should be directed to Andrew Pinnell, Senior Planner (andrew.pinnell@kitchener.ca; 519-741-2200 x7668). Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter@kitchener.ca 00000000 Page 100 of 295 Andrew Pinnell From: Tracey Harrow Sent: Tuesday, May 14, 2024 9:13 PM To: Andrew Pinnell; Paul Singh Subject: Traffic control @ Rockwood Dr. Kitchener Some people who received this message don't often get email from Learn why this is important Hello Gentlemen, I live on Tamvale Crescent, off Erinbrook Dr. next to the condominium project site at Fischer Hallman and Bleams Rd. My question around this development site is the access out of Rockwood Dr to Fischer Hallman Rd. It is already quite difficult and arguably at times hazardous in its current condition to turn left at this stop sign. What is the plan (if any) to address this once this development is done? Any thoughts regarding a round about being placed here? It's pretty concerning to local residents (having conversations with neighbours) as to what this left turn will look like after this development is finished and the population and traffic increases in this area due to this project. I am sure I may not be the first person to ask this and appreciate your consideration of this safety concern. I look forward to your response. Thank you, Tracey Harrow Get Outlook for Android Page 101 of 295 Andrew Pinnell From: JC McDonald Sent: Monday, May 13, 2024 4:44 PM To: Andrew Pinnell; Paul Singh Subject: 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive Comments Good Morning! I received an application for development in my neighbourhood notice in the mail about the development nearby. I am unsure as to what comments you are looking for. I submitted my thoughts on the development when it first started but didn't hear back, I also didn't know there was a time that comments needed to be received prior to the meeting. My comments being: The main buildings being added on the lot are too tall for the area. Having lived in Kitchener Waterloo my entire life with an educational background in urban planning I have watched this city anchor its retail around the two malls resulting in killing the community vibe all cities crave in the downtown core. Building up density is necessary in a city and can encourage the downtown core to revitalize itself. However, we are proposing to build a downtown verticality at the near edge of the city? There isn't anything remotely around here at that height. I was suggesting to move the height from 22 storeys to 10-14 to match the surrounding environment. Also, this building completely removed the privacy of my own lot, and I assumed the proposed condominiums would be doing the same thing. You have a tree line but that will take 15-25 years to be sufficient to create privacy not only for me but also for the condominiums that butt up to the lot. I've been here since '91 when my mother and father both worked for the City of Kitchener bought the house on the edge. I am not against development, I am not against increasing density as we have had a lot of development in the area that I have had no issue with. I feel this is ignoring the already built environment. Also, if there is any way to get a timeline for any of the confirmed developments on that lot, that would be great; as the land moving activities has drastically affected my work with vibrations in the house lasting from 10-12 hours a day (starting at 7:00-7:02AM) each day that has stopped me from having any correspondence/meetings with my business. Regards, James McDonald Page 102 of 295 Andrew Pinnell From: Monique Goodyer - Sent: Sunday, June 9, 2024 11:32 AM To: Andrew Pinnell Cc: Steven Goodyer Subject: Re: 1198 Fischer Hallman Rd Thank you Andrew, This shows a retaining wall being installed with a 3.1 max that will be level with our property. Am I understanding correctly? If this is the case, why was Activa so concerned about our neighbours fences being on the property line?? Our one neighbour has already removed everything and for no reason. This is part of the frustration with the lack of communication from Activa in knowing what is going on. Are you able to send me the traffic studies that were done as well? During the virtual zoom meeting last September we were told that the study showed no increase in traffic or noise. Thanks Page 103 of 295 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director, 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. LU co O X FIRsravE Q �w k�NGs�'9 �,4R eRO�1o[, /E W �w 8&UHT �w ti� 110 A��s"Fcr �w c� �u ,�7 waw �w jr w llta Q7 sUBJECT Qcuv7 AREA k�NGs�'9 �,4R eRO�1o[, /E W �w 8&UHT �w ti� 110 Q Z c� �u 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. II DEURCY AVENUE _— �I d s fi -- �• j.rl ri riy�. hl I I 1 II I � i ,a. Lyjly i J FIT �ALN 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. 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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 Page 143 of 295 Page 144 of 295 H O 0 yO g Z .0 0 0 _j 'o z' z z w W 0 omwu<.- 2 'o z70 --l— j. w ld� 8 C5 —i z w w z w opor< LL 1 0 >. z w < z > ct 0 w z zzuw cuo<< . '. Nw eNe z 2, Ni t: � Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director, 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. P ti ACACIA ST z Q int sT GA7TANDONAVE SUBJECT AREA OLyMP1C C7 I_ NOFFMAN ST a° Figure 1: Location map 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 - O O r « `a a� �o mz vo O mg o_ OTTAWA STREET o m m OTTAWA STREET n o O a * O_ Q O O Zr m� m 3a O O 0 i -> 3o c 30 O mD a� �tioA}o3 �i O- z o� a > _ 3 D �� 34.15 m� 34.15 O O c - ��o m a 41.15 oz G- a 41.15 O O a � � 0Z -aga�o s° -M, �c s° 2 n Oz vmm m, - rr"� O O O io >o OO O A d O? Z Z Z O � C - mN - z F 17(j) s 11CL, Cod^ 4. o CIM mo o�sBF<F z N y � C, zha F1j. zs s N � w � 15.83 o� �z [f (n I > 0— m? o� D CJ o u 9.)1 = O O 0- 2 47 O 89.26 � n J CP NNW W (� NNwW C) NNWw Z7 G coA CONpp 1 CO N O)OA y 00000 p 00000 p 00000 O U) rz 00000 00000 o000o F? m < Cl) �G OTTAWA STREET nn Cl) oN C/) C in Or n- Z n cm Z E.n --I n mm �m --I --I O GSD 'T �o @ m D Q^ Oz �^ 34.15 1, m -z W D Q 0 00 m O � C d 41.15 0 a 0 0 co �� 0 nzQ m� o 0 0 NPIL mw c y c y aZ y O <> 15.45 m Z m m O OT O C Z- N ~ O D - < j2 N TI CD 00 90 T G zu 00 TD O c oc 0(n 7 o °o A n =. < CD �� OJ O� m �� owwww ww www c> owww n i N �z �NNww CONE) O A ww�NN CO N 0)OA I Cl) w CONOOA N !T -O A Q� �� C, 00000 Q 00000 O 00000 O rp s 0000 O Cl) U) 00000 (n00000 Cl) CD C/) 4 m O m m CD cm m ::5� M 0 15.6 1 � w? _r mz y°y p O O co Q c Z C Z Z �• w 00 O d p 0 -n m o 4E, m 0 0 52eI 'o � o, 94.610 m 0 89.28 '60 c O O O n � m co IT1 0 A 0 ]�1 Page 152 of 295 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 Page 153 of 295 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 Page 155 of 295 and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Director of Development and Housing Approvals, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Director of Development and Housing Approvals. 11. That prior to the initial registration, where required, at the discretion of the Chief Building Official, that the Owner enter into a shared servicing agreement to be registered on title, to the satisfaction of the City Solicitor. In addition, where the shared servicing agreement is required: 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 Page 156 of 295 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 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 12, 2024 REPORT NO.: DSD -2024-342 SUBJECT: Zoning By-law Amendment Application ZBA24/013/F/BB 75 First Avenue Applicant: Jason Dale RECOMMENDATION: That Zoning By-law Amendment Application ZBA24/013/F/BB requesting to amend Zoning By-law 2019-051, for Jason Dale, 75 First Avenue, be approved in the form shown in the `Proposed By-law' and `Map No. 1' attached to Report DSD -2024-342 as Attachment `A'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment Application for the property located at 75 First Avenue. It is Planning staff's recommendation that the Zoning By-law Amendment Application be approved. The proposed application represents an opportunity to provide additional low-rise infill housing to help address a need in our community. Community engagement included: o Circulation of a preliminary notice to residents and property owners within 240 metres of the subject site; o Installation of a large billboard notice sign on the property; o Neighbourhood Meeting held on June 19, 2024- • Notice of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and o Notice of the public meeting was published in The Record on July 19, 2024. This report supports the delivery of core services This application was deemed complete on May 28, 2024. The Applicant can appeal this application for non -decision after August 29, 2024. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 175 of 295 EXECUTIVE SUMMARY: The owner of the subject lands addressed as 75 First Avenue is proposing to change the zoning from 'Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051 to 'Low Rise Residential Five Zone (RES -5)' with Site Specific Provision (404). This is to permit the use of a multiple dwelling (more than 4 units). Staff are recommending the application be approved. BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment (ZBA) for a development concept that proposes a 3 -unit building addition onto an existing 3 -unit rental and occupied multiple dwelling for a total of six (6) units and 5 parking spaces. The reason an amendment is requested to the zoning by-law to change the zoning to 'RES -5' is that the existing `RES -4' zone only allows up to a maximum of four (4) dwelling units in multiple dwelling whereas six (6) are proposed. Special regulations in Site Specific Provision (404) are also proposed to implement the site-specific nature of the development proposal. As the proposal is less than 10 dwelling units, Site Plan Approval not required as per the Planning Act, but the development proposal would be subject to a Zoning Occupancy Permit. a is The subject property falls within the 'Community Area' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan) and designated as 'Low Rise Residential' (Map 3 - City of Kitchener Official Plan). Site Context The subject lands are addressed as 75 First Avenue as shown in Figure 1 below. The subject lot is currently developed with a 3 -unit multiple dwelling. First Avenue is a Major Community Collector Street which is serviced by Grand River Transit Route 7. The surrounding neighbourhood contains a mix of low-rise residential uses including townhouses situated immediately east of the subject property on Connaught Place as shown on Figure 2. Page 176 of 295 RQc oR�'gr 0 x Q kINGSwq r DR FckeRTST SUBJECT AREA �w e z C� A J Z� Q J� k0 COA*l 00"T S, Figure 1 — Subject Lands Page 177 of 295 � ,� a'-- ••� .,,,fir-�� - � ��. Af nf 75 First Avenue fit 461 A& J Figure 2 - Aerial Photo of Subject and Surrounding Lands REPORT: The applicant is proposing to add a 3 unit building addition to the existing 3 -unit multiple dwelling as shown below in Figure 3. There is a single point of access proposed to First Avenue leading to five (5) surface parking spaces at the rear of the property. Page 178 of 295 Figure 3 — Building Elevation of Proposed Rear Addition and Parking Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board, and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive, and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement Page 179 of 295 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable, and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health, and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed zoning facilitates a compact form of infill development which efficiently uses the lands, is near transit options, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a low-rise missing middle development building form that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas including community areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in 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. Page 180 of 295 Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable, and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience, and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Planning staff is of the opinion that the application conforms to the Growth Plan. 6 six unit multiple dwelling is an appropriate form of missing middle housing for this location. Regional Official Plan (ROP): The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the Regional Official Plan (ROP). Section 1.6 of the Regional Official Plan establishes the Regional Planning Framework and Section 2.B.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore, development in the Built -Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of 15 -minute neighbourhoods. The proposed density will contribute to the achievement of Kitchener's intensification target for the delineated Built -Up Area of the City of Kitchener. The Region of Waterloo has indicated they have no objections to the proposed application, subject to adding the prohibition of geothermal wells in the ZBA. (Attachment `C'). Planning staff are of the opinion that the application conforms to the Regional Official Plan as this form of missing middle housing is appropriate for the Built -Up Area. Page 181 of 295 City of Kitchener Official Plan (OP) Urban Structure The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non- residential supporting uses intended to serve the immediate residential areas. Community Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Land Use Designation The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3). Low Rise Residential areas are intended to accommodate a full range of low-density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings up to 3 storeys or 11 metres in height. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. While the maximum Floor Space Ratio (FSR) is 0.6, the Official Plan allows site-specific increases to a maximum of 0.75 may be permitted without an amendment to the Official Plan, provided the development meets the general intent of Official Plan policies and is compatible (Section 15.D.3.11). Planning staff is of the opinion that the requested Zoning By-law Amendment will facilitate a low-rise housing form that conforms to the Low Rise Residential land use designation in the City's Official Plan. The proposal provides an additional low density housing type within the neighbourhood with a maximum FSR of 0.63 and 3 storeys and 11 metres in height. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible, and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. Regarding alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. The proposed development aims to increase density on an existing site that is served by public transit, with access to Grand River Transit Route 7 that connects directly to the Fairway Station ION stop. The proposed development is required to provide safe, secure indoor bicycle storage to encourage active transportation. Staff is of the opinion that the requested Zoning By-law Amendment conforms with the transportation policies of the City's Official Plan. Limited Outdoor amenity space will be provided for residents, and locations of indoor bicycle spaces will be confirmed through the detailed zoning review prior to a building permit being issued. Urban Design The City is committed to achieving a high standard of urban design, architecture, and place -making to positively contribute to quality of life, environmental viability and economic Page 182 of 295 vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings and considers the functionality and compatibility of development as a means of strengthening complete communities. Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable places, structures and spaces that contribute to a strong sense of place and community pride, a distinct character and community focal points that promote and recognize excellence and innovation in architecture, urban design, sustainable building design and landscape design. The City requires high quality urban design in the review of all development applications through the implementation of the policies of the Official Plan and the City's Urban Design Manual. The proposed development maintains the existing dwelling and the addition is situated at the rear of existing dwelling to maintain the existing building form and character and to minimize visual impact. The building addition has been designed to limit views onto existing adjacent townhomes. Building materials of the addition are complimentary and in keeping with the existing dwelling. Staff is generally supportive of the Design Brief submitted with the application. Housing The City's primary objective with respect to housing in the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure, and affordability to satisfy the varying housing needs of our community through all stages of life. This low rise multiple dwelling proposal is a "missing middle" housing type and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. 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. 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. Based on the planning analysis, Planning staff is of the opinion that Provincial, Regional and City policies support the re -zoning of these lands to allow `missing middle' housing. As such, staff is of the opinion this application represents good planning and recommends that the proposed By-law amendment be approved in the form shown in Appendix `A'. Proposed Zoning By-law Amendment: The subject lands are currently zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. Page 183 of 295 The applicant has requested to change the zoning to `Low Rise Residential Five Zone (RES -5)' and add a Site -Specific Provision (404) in Zoning By-law 2019-051. The requested change in zoning category is to permit the proposed use of a "Multiple Dwelling" (greater than 4 units). Site -Specific Provision (404) • To permit a parking requirement of 0.8 parking spaces per dwelling unit, a minimum of 5 motor vehicle parking spaces; whereas the Zoning by-law requires a minimum of 6 motor vehicle parking spaces — staff is supportive of a reduction of one space given the property is on a bus route. • To not require dwelling units located at ground floor level to have patio areas adjacent to the dwelling; whereas the Zoning Bylaw requires 2 patio areas for ground floor units — staff is supportive as the property is near parks and open space and on-site amenity will be provided. • To permit a minimum interior side yard setback of 1.28 metres; whereas the Zoning By-law requires a minimum Interior Side yard setback of 3 metres - this is to recognize the existing setback of the existing dwelling. • To permit a maximum Floor Space Ratio of 0.63; whereas the Zoning By-law only permits a maximum Floor Space Ratio of 0.6 — staff is supportive of this minor increase as the increase of 0.3 does not pose any additional impacts. • To permit a minimum of 0 visitor parking spaces; whereas the Zoning By-law requires a minimum of 1 visitor parking space — staff is supportive as 6 dwelling units will not generate significant visitor parking usage and five spaces are provided by tenants. In addition, Vanier Park and Kingsdale Community Service are nearby that offer connections to other parts of the community including bike lanes on First Avenue. These promote bicycle usage and active transportation and reduce dependency on an automobile. A major bus route is on First Avenue that connects directly to the Fairway ION Transit Station. To permit a minimum rear yard setback for a parking lot of 1 metre; whereas the Zoning By-law requires a minimum rear yard setback for a parking lot of 1.5 metres — Staff is supportive of this minor reduction to achieve the 5 parking spaces; otherwise, only 4 parking spaces could be provided. To permit a minimum side yard setback of a parking lot of 0 metres; whereas the Zoning By-law requires a minimum side yard setback of 1.5 metres — This is to allow for the extension of the existing asphalt line to the rear of the property. To permit a minimum drive aisle width of 5.3 metres; whereas the Zoning By-law requires a minimum drive aisle width of 6 metres — The plan shows an existing asphalt width for the existing driveway of 5.3 metres at the front of the property that widens out to 6.5 metres at the rear. Page 184 of 295 • To permit no street line fagade opening whereas the Zoning By-law requires a minimum of 20%. — This regulation would typically \apply to a new building but, in this case, this regulation it is to recognize an existing condition that cannot meet this regulation as the existing buildings and units will remain. • To prohibit geothermal wells — This was requested by the Region of Waterloo as the property is located within a wellhead protection area. STRATEGIC PLAN ALIGNMENT: Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to `RES -5' with Site Specific Provision (404), represents good planning as it will facilitate the intensification of the property with a 6 -unit multiple dwelling, which is compatible with the existing neighbourhood, and is a good example of gentle intensification. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Attachment `A'. Planning staff are of the opinion that the proposed Zoning By-law Amendment Application is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan, and represents good planning. Department and Agency Comments: Circulation of the Zoning By-law Amendment Application was undertaken in June to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment `C' of this report. The following Reports and Studies were considered as part of this proposed Zoning By- law Amendment Application: • Zoning By-law Amendment Application Form • Planning Justification Report • Existing Conditions Plan • Concept Site Plan • Urban Design Report • Building Elevations • 3D Massing of Building • Tree Management Plan • Sustainability Statement • Parking Justification Study • Functional Servicing Brief • Water Distribution Report • Notice of Source Protection Plan Compliance • Noise Study (Road) • Environmental & Stationary Noise Study Page 185 of 295 WHAT WE HEARD isThree (3) persons provided comments A City -led Neighbourhood Meeting was held on June 19, 2024, and eight (8) users logged on. 348 households (residents and property owners) were circulated and notified Staff received written responses from 3 residents with respect to the proposed development. These are included in Attachment `D.' A summary of what we heard, and staff responses are below. What We Heard Staff Comment Construction and Noise will Impact While understanding the concern, property Neighbour who Works Night owners are allowed by law to generate construction noise from 7:00 am to 7:00 pm. Will not be Affordable Housing Any housing built is a positive to help address a critical housing shortage within our community. this is a small scaled missing middle project that will increase rental supply by 3 units and maintain 3 existing units. Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment Application. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide an alternative housing form within an existing neighbourhood that addresses a need in our community. 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. Page 186 of 295 The requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe, introduced by Bill 109, More Homes for Everyone Act, 2022, has been rescinded. Decisions on Zoning By-law Amendment Applications are still required within 90 days, and subject to a non -decision appeal risk to the Ontario Land Tribunal after this time period expires. This application was deemed complete on May 28, 2024. The Applicant can appeal this application for non -decision after August 29, 2024. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in early June. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on July 19, 2024 (a copy of the Notice may be found in Attachment `B' CONSULT — The proposed Zoning By-law Amendment was circulated to residents and property owners within 240 metres of the subject lands on June 3, 2024. In response to this circulation, staff received written responses from 3 members of the public, which were summarized as part of this staff report. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Growth Plan, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright, Manager, Development Approvals, Development and Housing Approvals Division APPROVED BY: Garett Stevenson, Director, Development and Housing Approvals ATTACHMENTS: Attachment A — Proposed By-law and Map 1 Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Attachment D — Community Consultation Comments Page 187 of 295 PROPOSED BY — LAW ,2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Jason Clark Dale, Jennifer Lyn Ruth Dale, James Robert Dale and Amy Dale — 75 First Avenue) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 173 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four Zone (RES - 4) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (404). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (404) thereto as follows: "404. Notwithstanding Section 4.12.4, Section 5.6, Table 5-5, and Section 7.3, Table 7-6 of this By-law within the lands zoned Low Rise Residential Five Zone (RES -5) and shown as affected by this subsection on Zoning Grid Schedule Number 173 of Appendix `A', the following shall apply: a) no minimum amount of street line fagade openings; b) a minimum parking space requirement of 0.8 parking spaces per dwelling unit; c) a minimum visitor parking space requirement of 0 visitor parking spaces; d) a minimum drive aisle width of 5.3 metres; e) a parking lot setback from a side lot line of 0 metres; f) a parking lot setback from a rear lot line of 1 metre; g) a minimum westerly interior side yard setback of 1.28 metres; h) a maximum Floor Space Ratio of 0.63; Page 188 of 295 i) for dwelling units located at ground floor level, no patio areas adjacent to the dwelling unit will be required; and j) Geothermal wells are prohibited." PASSED at the Council Chambers in the City of Kitchener this day of 2024. Mayor Clerk Page 189 of 295 Z ui z 0 H O w Ch w z (Y 0 w IY Z 0 us 0 NN 71 N CD W W Z o� J > 0 Q LL C7 N ~ J w H0 = af JZ W U CO d LLI fn w 00 00 Of Fn w LU 0 w w U W- W Q ~ af wIL Z 0 N OULu �H W J�0U0_UQ�� SCJ Jf–a W W W D�J��c) m W QZ W 0 U 2 Q W 0Of w >H_ (n O Q Q of 0 �A /W \� b W z O w J W Z O Z Q w z O N p W Z Z p N Of N z 0 0 N pZ:) w N > OW L� J f— O_ Q> J J J Q F- F > Q Q Q z 0 H O O w O z Q L ONO Q 04 mi LLm x m N N�Z w ZOfW wZZZ Z W W W< N C7 �0 U)0(D = Q W U CO cq 0 0 Z Z.. W W W C� o U z U wI- ? ~ - 0 N /W \� b W z O w J W Z O Z Q w z O N p W Z Z p N Of N z 0 0 N pZ:) w N > OW L� J f— O_ Q> J J J Q F- F > Q Q Q z 0 H O O w O z Q L ONO Q m M \ LL mi LLm x m N N�Z w ZOfW wZZZ Z W W W< N C7 �0 U)0(D = Q W U CO cq 0 0 Z Z.. 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Planning & Strategic Initiatives Committee i Date: August 12, 2024 Location: Council Chambers, ' Kitchener City Hall 201 King Street West - orVirtual Zoom Meeting Go to kitchener.ca/meetings _ - and select: Concept Drawing 6 Unit Multiple Dwelling 5 Parking Spaces Reduced Side Yard • 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 Zoning By-law Amendment to re -zone 75 First Avenue from `RES -4' to `RES -5' with a Site-specific Provision to allow for the addition of 3 dwelling units to an existing 3 -unit multiple dwelling for a total of 6 dwelling units, recognition of the deficient side yard setback of the existing building, and to permit 5 parking spaces. Page 191 of 295 From: Christine Goulet Sent: Thursday, June 13, 2024 9:30 AM To: Brian Bateman Subject: 75 First Ave ZBA Hi Brian, I have reviewed the functional servicing and am in support of the zone change with an increase to the peak sanitary flow of 0.06L/s Kitchener Utilities has reviewed the report for water and find it acceptable. Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering I City of Kitchener 519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca 0 e 0 C •oomWo Page 192 of 295 From: Carrie Musselman Sent: Tuesday, June 11, 2024 10:39 AM To: Brian Bateman Subject: Env. Planner Comments - 75 First Avenue (ZBA) Hello Brian, Environmental planning has no concerns with the proposed ZBA. I can advise: • There are no natural heritage features or functions of local, Regional, Provincial, or national significance on, or adjacent to the subject property. • The Vegetation Management Plan dated March 6, 2024, prepared by GSP Group submitted as part of a complete application notes that 5 trees are located on the property and 3 have been identified to be removed. No impacts to trees on adjacent properties are proposed. Regards, Carrie Musselman (she/her), BSc., Dip., MCIP, RPP Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselmana-kitchener.ca From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Monday, June 3, 2024 12:33 PM To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@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>; 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>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Howard Chang (SChang@regionofwaterloo.ca) <SChang@regionofwaterloo.ca>; Planning Applications <planningapplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@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 - 75 First Avenue (ZBA) Page 193 of 295 Please see attached. Additional documentation can be found in AMANDA folder 24-114784 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (brian.baeman@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 01fiq U-950600 D Page 194 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: C14/2/24013 July 10, 2024 Re: Proposed Zoning By-law Amendment ZBA 24/013 75 First Avenue GSP Group Inc. (C/O Caleb Miller) on behalf of Jason Dale, Jim Dale, Jennifer Dale and Amy Dale CITY OF KITCHENER GSP Group Inc. has submitted a Zoning By-law Amendment to permit additional density and site-specific provisions for additional residential units that will be added through a proposed addition at 75 First Avenue (subject lands) in the City of Kitchener. The applicant is proposing to add three dwelling units to the existing 3 -unit multiple dwelling for a total of 6 dwelling units and 5 parking spaces. The subject lands are designated Urban Area and Built Up Area in the Regional Official Plan. The subject lands are designated Low Rise Residential in the City of Kitchener Official Plan and zoned RES -4 in the City of Kitchener Zoning By-law. The applicant is proposing to rezone the site from the RES -4 to RES -5 with site-specific permissions for a Floor Space Ratio (FSR) of 0.63 (whereas the maximum FSR is 0.6), and site specific permissions for the yard setbacks and parking requirements and driveway width. The Region has had the opportunity to review the proposal and offers the following: Document Number: 4728424 Version: 1 Page 195 of 295 Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Delineated Built -Up Area" on Map 2 of the Regional Official Plan (ROP) and is designated Low Rise Residential in the City of Kitchener Official Plan. Section 2.F of the ROP establishes policies for intensification targets within the delineated Built -Up Area of the Region, which is set of 60% annually for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of 15 -minute neighbourhoods. Development in the Built -Up Area is intended to be denser through gentle intensification, with new development and redevelopment focusing on energy efficient design with access to active transportation options that allow future residents to walk, roll or stroll. The additional residential units proposed through this development will contribute to the annual intensification target for the City of Kitchener. In addition, the subject lands are in proximity to a bus route, providing future residents opportunities for alternative means of transportation (e.g. taking the bus). The Region wishes to advise the applicant of the following technical comments related to the proposal: Corridor Planning: Environmental Noise (Transportation Noise).- The oise):The report entitled "Environmental Noise Impact Assessment, February 2024, 75 First Avenue, City of Kitchener" prepared by Meritech Engineering is under review and comments will be sent under separate cover. The accepted recommendations shall be implemented within the building through the building permit process and shall be secured through a future consent or condominium stage, if applicable. Hydrogeology and Sourcewater Protection: The subject lands are located in Wellhead Protection Sensitive Area 8 (WPSA 8). In accordance with Chapter 8, Regional staff require a prohibition on geothermal energy systems to be written into the site specific Zoning By-law Amendment. The wording for the geothermal 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. Document Number: 4728424 Version: 1 Page 196 of 295 Part 4 Area of the Clean Water Act The Section 59 Notice submitted to the Region is not valid, therefore a new, valid Section 59 Notice shall be submitted prior to a recommendation being made to City of Kitchener Council. Fees The Region acknowledges receipt of the Zoning By-law Amendment application fee of $3,000.00 (deposited June 13, 2024). Conclusions The Region has no objection to the proposal pending receipt of a Valid Section 59 Notice and the following being implemented within the site specific Zoning By-law Amendment: 1. That a geothermal prohibition be implemented within the site specific Zoning By-law Amendment. The 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 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. Please be advised that 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. Further, 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 Cc (via email). Jason Dale, Jim Dale, Jennifer Dale, Amy Dale (Owners) , GSP Group Inc. C/O Caleb Miller (Applicant) Document Number: 4728424 Version: 1 Page 197 of 295 From: Melissa Mohr <MMohr@regionofwaterloo.ca> Sent: Monday, July 15, 2024 3:16 PM To: Brian Bateman Cc: 'cmiller@gspgroup.ca'; 'jasond4le@hotmail.com' Subject: Noise study Comments - ZBA 24/013 (75 First Avenue, Kitchener) Attachments: Regional Comments - ZBA24/013 (75 First Avenue, Kitchener) Good Afternoon Brian, Regional staff have reviewed the report entitled "Environmental Noise Impact Assessment, February 2024, 75 First Avenue, City of Kitchener", dated February 12, 2024; prepared by Meritech Engineering and have the following comments: The report indicates that the dominate source of noise around the site is Highway 7/8 and acoustical impacts are above acceptable levels; therefore mitigation, including warning clauses and air conditioning are required to ensure indoor noise levels do not exceed acceptable levels noted in NPC -300 and NPC - 216. Furthermore, the report notes that the requirements of the Ontario Building Code (OBC) will provide adequate sound insulation. While not required, the report recommends that the main storey windows — especially the bedroom window — should be replaced with a double -pane windows, at the owner's discretion. As the existing building is supplied with air conditioning, Regional staff assume that all units in the future addition will also be supplied with air conditioning. The location, installation and sound ratings of the air conditioning devices shall comply with NPC -300. Since the source of noise is Highway 7/8; a roadway under the jurisdiction of the Province (Ontario Ministry of Transportation), an agreement between the applicant and the City of Kitchener is required to implement the recommendations of the noise study. The agreement shall be implemented through a future consent or condominium application, if proposed. The following noise warning clauses shall be implemented through a registered development agreement (through a future consent or condominium application if required) and included in all offers of purchase and sale/lease/rental agreements and the Condominium Declaration (if required): Type A: Purchasers/tenants are advised that sound levels due to increasing road traffic (rail traffic) (air traffic) may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment. Type D: 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. In addition, prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the building plans and upon completion of construction, the City of Kitchener's Building Inspector will certify that the dwelling units have been constructed accordingly. I trust the above is of assistance, but please do not hesitate to contact me should you have any questions regarding the above. Kind Regards, Melissa Page 198 of 295 Melissa Mohr, MCIP, RPP Senior Planner Planning, Development and Legislative Services Region of Waterloo 150 Frederick Street, 8th Floor, Kitchener ON N2G 4J3 Cell: 1-226-752-8622 mmohr(a)-regionofwaterloo.ca Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential and/or exempt from disclosure under applicable law, and is intended only for the use of the designated recipient(s) listed above. Any unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise received this message by mistake, please notify the sender by replying via e-mail, and destroy all copies of this original correspondence (including any attachments). Thank you for your cooperation. Page 199 of 295 From: Dave Seller Sent: Monday, June 3, 2024 2:46 PM To: Brian Bateman Subject: TS comments: 75 First Avenue (ZBA) Application type: Zoning By-law Amendment Application ZBA24/013/F/BB Project address: 75 First Avenue Comments of: Transportation Services Commenter's name: Dave Seller Email: clave. selIer@kitchen er.ca Phone: 519-741-2200 e 7369 Date of comments: June 3, 2024 Comments due: June 18, 2024 Development proposal The applicant is proposing to build an addition to add 3 dwelling units to an existing 3 unit multiple dwelling for a total of 6 dwelling units and 5 parking spaces. Parking analysis Six parking spaces are required, however, due to existing balcony structural post, five spaces can be provided, which Transportation Services supported in March 2024. Conclusions Transportation Services have no concerns with the proposed ZBA. 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.sellera-kitchener.ca From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Monday, June 3, 2024 12:33 PM To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@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>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French Catholic School Board <planification@cscmonavenir.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Landuse Planning <landuseplanning@hvdroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) Page 200 of 295 <Park.Planning@kitchener.ca>; Region - Howard Chang (SChang@regionofwaterloo.ca) <SChang@regionofwaterloo.ca>; Planning Applications<planningapplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@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 - 75 First Avenue (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 24-114784 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (brian.baeman@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 ',I 0 �� r� Page 201 of 295 City of Kitchener OPA & ZBA Comment Form Project Address: 75 First Ave, Kitchener Application Type: Official Plan Amendment & Zoning Bylaw Amendment Comments Of: Urban Design Commenter's Name: Katey Crawford Email: Katey.Crawford@kitchener.ca Phone: 519-741-2200 ext. 7157 Date of Comments: June 20th, 2024 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed • 75 First Avenue — Building Elevations, Prepared by Orchard Design Studio Inc. • 75 First Avenue — Site Plan, Prepared by Orchard Design Studio Inc. • 75 First Avenue — Urban Design Report. Prepared by GSP Group Inc. • 75 First Avenue — Tree Management Plan, Prepared by GSP Group Inc. 2. Site Specific Comments & Issues: Elevations • Updates to the existing fagade are encouraged to provide improved character to the neighborhood given the sites terminus location and high visibility. Removal of the existing covered patio to better define entry. Replacement of windows, siding, and shutters. Site Plan • Show the existing driveway and parking area in front of the existing building on the site plan. More than 50% of the front yard should not be occupied by driveway and parking areas. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 202 of 295 • As per Guidelines for Barrier -Free Design of Ontario, 'Type A parking spaces shall have an adjacent 1500 mm wide access aisle." Provide an accessible, unobstructed aisle, the same length as the parking stall. • A 6.1meter minimum driveway width is required as per urban design manual whereas 5.35m is shown. • Provide access from parking to unit entries. • Provide outdoor amenity space with seating and access to shade as is required by UDM. • A 1.2m backout space is required for parking area. • Provide minimum 1.5m width landscape strip offset property lines. • Show all proposed and existing stairs/steps on plan. • Provide an unobstructed path, separate from the driveway from the sidewalk to all unit entrances. Urban Design Report - As quoted from page 23, "landscaping will be emplemented along the perimeter of the property". However, the site plan does not show landscaping along the north or east property lines as required. - Page 25 states, "It aims to conserve the existing streetscape, enhance the appearance of the existing building." Please clarify what enhancements to the existing building are proposed. The elevations show no enhancements. Please provide updated elevations, site plan, and urban design report addressing the comments above. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 203 of 295 From: Planning <planning@wcdsb.ca> Sent: Monday, June 10, 2024 10:35 AM To: Brian Bateman Subject: RE: Circulation for Comment - 75 First Avenue (ZBA) You don't often get email from planning@wcdsb.ca. Learn why this is important Good Morning Brian, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Monday, June 3, 2024 12:33 PM To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@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>; 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>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiline@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@ope.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Howard Chang (SChane@reeionofwaterloo.ca) <SChane@reeionofwaterloo.ca>; Planning Applications<plannineapplications@reeionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School Board - Daniel Stojc <stoicd@csviamonde.ca>; 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 - 75 First Avenue (ZBA) Page 204 of 295 Caution - External Email - This Message comes from an external organization. Do NOT click on ,unrecognized links or provide your username and/or password. Please see attached. Additional documentation can be found in AMANDA folder 24-114784 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (brian.baeman@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�a 0omoo Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 205 of 295 City of Kitchener Zone By-law Amendment Comment Form Address: 75 First Ave Owner: Jason Dale & Jim Dale & Jennifer Dale & Amy Dale Application: Zoning By-law Amendment — ZBA23/013/F/BB Comments Of: Commenter's Name: Email: Phone Date of Comments: Park Planning Lenore Ross Lenore. ross@kitchaener.ca 519-741-2200 ext 7427 June 112024 Documents Reviewed: I have reviewed the documentation noted below submitted in support of a ZBA to allow a residential addition to be built creating a multiple dwelling with a total of 6 dwelling units and 5 parking spaces. • Concept Site Plan • Urban Design Brief • Planning Justification Report • Tree Preservation and Enhancement Plan Park Planning has no concerns with the proposed Zoning Bylaw Amendments and offers only the following comments related to required Parkland Dedication Parkland Dedication Park dedication will be deferred at the ZBA and taken as cash in lieu of land for the proposed residential units as a condition of Building Permit issuance. If there are existing units that are not legally recognized, Parkland Dedication will be required for legalization of those units as well. As a site plan application is not be required for a residential development with 10 units or less, the Parkland Dedication fees will be required as a condition of Building Permit issuance. Dedication requirements are subject to the Park Dedication Bylaw, Policy and rates in effect. If any questions regarding the parkland dedication calculation form or this memo, please contact the above -noted Parks & Cemeteries staff for clarification. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw and Park Dedication Policy • City of Kitchener Development Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community F3auu- g of 295 City of Kitchener Zone By-law Amendment Comment Form • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual Anticipated Fees: The Parkland Dedication requirement for this submission is deferred and will be assessed at a future Builidng Permit Application. Dedication requirements are subject to the Planning Act, Parkland Dedication Bylaw, Park Dedication Policy and rates in effect. The Bylaw is under appeal. A City for Everyone Working Together — Growing Thoughtfully — Building Community auu- of 295 From: Sent: Tuesday, June 11, 2024 8:10 PM To: Brian Bateman Subject: Proposed development for 75 first avenue [You don't often get email from =Learn why this is important at https://aka.ms/LearnAboutSenderidentification ] Hello I live in the townhouse on Connaught place. The construction will keep my mom up as she works nights. Why not finish the apartment by the zerhs near the highway it would house more people. As well as it's not gonna be geared to income for the low income people Sent from my iPhone Page 208 of 295 From: Sent: Friday, June 21, 2024 10:24 AM To: Brian Bateman Subject: Re: 75 First Ave You don't often get email from Learn why this is important Sounds great, Thanks Brian On Thu, Jun 20, 2024 at 3:21 PM Brian Bateman <Brian.Bateman@kitchener.ca> wrote: Hi Doug, As soon as it is available I will notify you. Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-741-2200 x7869, TTY 1-866-969-9994 1009)"00000 0 From: Doug Coulter Sent: Thursday, June 20, 2024 2:21 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: 75 First Ave You don't often get email from Learn why this is important Good afternoon Brian, Page 209 of 295 I wasn't able to jump on the zoom meeting last night. I was wondering if its possible to have access to a recorded version if it exists? Best Regards, Doug Doug Coulter Real Estate Broker The Doug Coulter Team ReMax Twin City Realty Inc. 519.772.4378 (Office) ..DougCoulterTeam.com Follow me on Social Media: YouTube: https://www.youtube.com/channel/UCaliM nf5i11OZIuV-4kO1w Twitter: https://twitter.com/DougCoulterTeam Facebook: https://www.facebook.com/TheDougCoulterT€. Doug Coulter Real Estate Broker The Doug Coulter Team ReMax Twin City Realty Inc. Page 210 of 295 519.772.4378 (Office) Page 211 of 295 From: Sent: Wednesday, June 12, 2024 7:05 PM To: Brian Bateman Subject: Fwd: Virtual zoom meeting regarding 75 First Avenue, Kitchener You don't often get email from earn why this is important Original Message From: To: iason.denault@kitchener.ca Sent: Wednesday, June 12th 2024, 18:53 Subject: Virtual zoom meeting regarding 75 First Avenue, Kitchener Jason, We received a notice of a planning application and an invitation for a Virtual Zoom Meeting 06/10/24, regarding the property at 75 First Avenue, the concept drawing on the mail out is not legible, we have attempted to view the drawing on the planning applications website, but as of 06/12/24 the drawing is still not available. Please advise when this legible drawing will be available for viewing. Thank you Fern & Ed Burnett Page 212 of 295 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 18, 2024 REPORT NO.: DSD -2024-329 SUBJECT: Official Plan Amendment Application OPA24/006/W/TS Zoning By-law Amendment Application ZBA24/011/W/TS 1032, 1082 and 1094 Wilson Avenue RECOMMENDATION: That Official Plan Amendment Application OPA24/006/W/TS for Colt Canada Corporation requesting the change of use from Low Rise Residential to General Industrial Employment for the lands specified and illustrated as the "Area of Amendment" on Schedules `A' and `B', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-329 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA24/006/W/TS for Colt Canada Corporation be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2024-329 as Appendix `B'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment Applications for the subject lands located at 1036, 1082 and 1094 Wilson Avenue. It is Planning staff's recommendation that the Official Plan and Zoning By-law Amendment Applications be approved. The proposed Amendments support the expansion of an existing industrial property by permitting a parking lot expansion within a predominantly employment area while maintaining the existing natural heritage conservation areas. Community engagement included: o Circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice sign on the property; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 213 of 295 o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on July 10, 2024; o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meeting; o notice of the public meeting was published in The Record on July 26, 2024. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the subject lands, addressed as 1036, 1082 and 1094 Wilson Avenue, is proposing to change the Urban Structure within the Official Plan from `Community Areas' to `Industrial Employment Areas', and the Official Plan land use designation from `Low Rise Residential' to `General Industrial Employment' , and to change the zoning from `Low Rise Residential One Zone (RES -1)' with Holding Provision `22H' in Zoning By-law 2019- 051 to `General Industrial Employment (EMP -2)' with Site Specific Provision (405) in Zoning By-law 2019-051 and to permit a minimum parking rate of 1 parking space per 105 square metres for manufacturing use, and a minimum parking rate of 1 parking space per 50 square metres for office use. Staff is recommending that the applications be approved. BACKGROUND: Colt Canada has made applications to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to permit the expansion of their existing manufacturing facility, and to permit a new parking facility on the subject properties in a predominantly employment area. No expansion is proposed into the existing natural heritage conservation area. The proposed Official Plan Amendment would change the identification of an industrial land use within the City's Urban Structure to an `Industrial Employment Areas', and change the land use designation to `General Industrial Employment'. The proposed Zoning By-law Amendment would zone the lands `General Industrial Employment Zone (EMP -2)' and add a new Site Specific Provision (405) to permit an reduced parking rate on site for the manufacturing and office use. SITE CONTEXT: The subject properties are located on the east side of Wilson Avenue, in close proximity to the intersection of Wilson Avenue and Wabanaki Drive, and to the Grand River. The property at 1036 Wilson Avenue currently contains an office and manufacturing facility for Colt Canada. The properties at 1082 and 1094 Wilson Avenue each contain a single detached dwelling, with both dwelling units currently vacant. The site is surrounded primarily by employment uses, natural heritage areas, and some low rise residential properties to the east. Page 214 of 295 Figure 1 - Location Map: 1036, 1082 and 1094 Wilson Avenue REPORT: The applicant is proposing to develop the subject lands by expanding the existing office and manufacturing facility at 1036 Wilson Avenue and relocating the parking lot area to the properties addressed 1082 and 1094 Wilson Avenue. The proposed development includes relocating approximately 110 parking spaces and establishing a three-storey stairwell and enclosed pedestrian bridge connecting the parking area to the existing facility. To facilitate the development of 1036, 1082 and 1094 Wilson Avenue with the proposed building addition and parking lot expansion, and Official Plan Amendment and Zoning By- law Amendment are required to change the land use designation and zoning of the lands addressed 1082 and 1094 Wilson Avenue, to align with the existing Official Plan Designation and Zone Category of 1036 Wilson Avenue. The existing lands at 1082 and 1094 Wilson Avenue are currently identified within the Urban Structure on Map 2 as `Community Areas' and `Green Areas and designated `Low Rise Residential' and `Natural Heritage Conservation' on Map 3 — Land Use in the City of Kitchener's Official Plan (2014). The applicant is proposing to change the Urban Structure identification of the `Community Areas' to `Industrial Employment Areas' and the land use designation of the `Low Rise Residential' areas to `General Industrial Employment'. The existing `Green Areas' Urban Structure identification and the `Natural Heritage Conservation' land use designation are not being altered and will remain. The proposed new parking area has been designed to fit into lands that are not treed and have largely been previously cleared of trees by the previous homeowners. Page 215 of 295 The lands are currently zoned `Low Rise Residential One Zone (RES -1)' and `Natural Conservation Zone (NHC-1)' with Holding Provision (22H). The portion of the lands currently zoned `RES -1' are proposed to be zoned `General Industrial Employment Zone (EMP -2)' with Site Specific Provision (405) to permit a minimum parking rate of 1 parking space per 105 square metres for manufacturing use, and a minimum parking rate of 1 parking space per 50 square metres for office use. The Site Specific Provision will also be added to all three consolidated properties (subject lands). • a0N - \ _ max• G�xFEfr.G 5FR r �{17SP -F 1 kl" Area sumldv - - 1 �h MCMfxtv1N: 3092 SWI.. 13,2x3 &rnA f oRlce: rkoWC ]-rt. f1,3d}srllj ! C"VeA'MMiW1Mhf0W3' 2.9flssq 1. 12e`.vsmJ Told: 31, 387 aq It. (4712&mj ter^ l McrY,t:rlhrkg: zR l70 y;tT. lS9W1i7n.q � . o to 0otcq 32.Qos .ft. 13,5194".1 963nge:93iL sgft (W smA "Veen Ma9ro0rrS:$MSq.ft.14673.MI Taro, 171,M@g1,(MAUsm) \ .sera• � - y RCYNry ivMllOr/: 4 1 F ri73MW.'49+24aner hCC J Reaurcd Igo XKaxs lar 175 -las fi lar 2dslh H AFI FIMQ 7 I l+y tsV R ayl 13 � R]rY 127 fT,7Tc11 Figure 2 — Proposed Development Concept Site Plan Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: Page 216 of 295 f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.3.1 of the PPS states that Planning authorities shall promote economic development and competitiveness by: providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long term needs; providing opportunities for a diversified economic base, including a rand of and choice for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; facilitating the conditions for economic investment by identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market -ready sites, and seeking to address potential barriers to investment. Further, Section 1.3.2.1 of the PPS states that planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs. Sections 2.1.1 and 2.1. states that natural features and areas shall be protected for the long term, and that development and site alteration shall not be permitted on adjacent lands to the natural heritage features, unless the ecological function on the adjacent lands have been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Page 217 of 295 Planning staff is of the opinion that the proposed applications will facilitate the development of an expansion of an employment use that is compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Further, staff are satisfied that the supporting documents of a scoped Environmental Impact Study, and Slope Stability Study demonstrate that there will be no negative impacts on the surrounding natural features. The parking area is being developed outside of the environmental features. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote ensuring an adequate supply of land within employment areas, both for traditional industries and for service sector and knowledge-based businesses that warrant such locations, and sites for a broad range of other employment uses. Further, policies of the growth plan support new development or site alteration that demonstrates there are no negative impacts on key natural heritage features or their functions, and avoidance of removal of other natural features and incorporation of the features wherever possible. The proposed development is intended to occupy existing land, cleared of a majority of trees that have already been altered, with no development within the natural features of the property. The change in use will permit additional employment lands for an established employment use. Based on the foregoing, staff is of the option that this proposal is in conformity with the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Areas. The subject lands are designated `Urban Area' and `Delineated Built Up Area' in the ROP. Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. The Delineated Built Up Area is intended to support the 15 -minute neighborhood and includes an appropriate mix of jobs, local stores and services as well as a full range of housing and transportation options. Further, an overall goal of the ROP is to collaborate with Area Municipalities, and other stakeholders to foster a diverse, innovative and globally competitive Regional economy. A specific objective is to provide a broad range of accessible employment opportunities throughout Waterloo Region, and maintain a competitive advantage in attracting and retaining people, jobs and investment. Page 218 of 295 The subject lands contain a Regional Core Environmental Feature on the entirety of the subject lands. The applicant has submitted an Environmental Impact Study to establish the limits of development on site and the impact to the Core Environmental Feature. The Region has no objection to the Environmental Impact Study submitted and agrees with the conclusions and recommendations contained in the study. Regional staff have indicated that they have no objections to the proposed applications (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Complete Community A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute aspects of a complete community on the subject lands with an expansion of an employment use of an existing manufacturing facility. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. The subject lands are identified as `Community Areas' and `Green Areas' within the Urban Structure (Map 2). The planned function of `Community Areas' is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Within areas identified as `Community Areas' on Map 2 the applicable land use designation may include Low Rise Residential (the current land use designation), Medium Rise Residential (the proposed land use designation), along with other land use designations. The planned function of `Green Areas' is to protect and conserve the ecological functions and features and passive and active recreation that these areas provide. The applicant is proposing to change the `Community Areas' identification of the subject lands to `Industrial Employment Area', with no changes to the `Green Areas'. Page 219 of 295 The planned function of 'Industrial Employment Areas' is to support and maintain economic activity in the City by providing and adequate supply of land for a range of industrial -related employment uses and appropriate accessory and ancillary uses. Employment growth and intensification is anticipated and encouraged within Industrial Employment Areas. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that help meets the planned function of the Industrial Employment Areas designation and also contributes to the vision for a more sustainable city. This also ensures the continued and long term viability of the adjacent Industrial Employment Areas. Residential uses in this area of the City are limited and the transition to 'Industrial Employment Area' would be compatible with the character, form and planned function of the surrounding context as the adjacent property contains the same 'Employment Areas' Urban Structure identification. Land Use The subject lands are designated 'Low Rise Residential' and 'Natural Heritage Conservation" (Map 3) in the City of Kitchener Official Plan. The 'Low Rise Residential' designation permits a full range of low-density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi detached dwellings and other forms of low-rise housing. The intent of the 'Natural Heritage Conservation' designation is to protect and/or conserve our natural heritage features and their ecological functions. The designation may include, locally significant wetlands, environmentally sensitive policy areas, and significant woodlands. The applicant is proposing to change the 'Low Rise Residential' designation to 'General Industrial Employment' with the 'Natural Heritage Conservation' designation to remain intact. The 'General Industrial Employment' designation provides for a broad range of industrial uses, some of which by virtue of the operation or site utilization may need to locate within an industrial area or required appropriate buffering to mitigate potential impacts on residential areas. The proposed 'General Industrial Employment' land use designation will permit the relocation of a parking facility, of approximately 110 spaces, to the rear of the property, and allow an existing manufacturing facility to expand their operations. An objective of lands designated 'General Industrial Employment' is to provide appropriate locations and opportunities for a broad range of industrial uses to support a complete and healthy community. Lands which are designated 'General Industrial Employment' may include: construction uses, manufacturing uses, repair operations, warehousing etc. The proposed applications do not propose to alter any of the boundary of the existing natural feature; the existing designations associated with the natural feature(s) will remain as is. The existing residential uses on the subject lands are isolated and currently designated 'Low Rise Residential' to reflect the existing use rather than to accommodate future residential growth. The paramount land use on these properties is 'Natural Heritage Conservation' which is proposed to be retained. Further the proposed parking facility is Page 220 of 295 only within the existing footprint of the existing houses, and within the area currently cleared out of the majority of trees. Economy Section 5 of the Official Plan states a strong, robust economy is integral to a complete and healthy community. Objectives consist of supporting a diverse range of employment opportunities which are distributed through out the City, and planning for an adequate supply of lands that is sufficient to accommodate the forecasted employment to the year 2031 in accordance with the policies in Section 15.D.6. It is the opinion of staff that the expansion of the existing manufacturing facility will meet these objectives which will maintain an employment use within the community. Urban Design The City's urban design policies are outlined in Section 11 of the City's Official Plan. As part of the site plan approval process, staff will review, the proposed development to ensure the design meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; and Building Design. The proposed site plan will be subject these policies A full site plan was not required at the time of the submission of the Official Plan Amendment and Zoning By-law Amendment Applications but will be required to be submitted at a later date should the land use applications be approved. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. An objective of the Transportation polices in the Official plan is to develop, support and maintain a complete, convenient, accessible and integrated transportation system that incorporates active transportation, public transit and accommodates vehicular traffic. Additionally, secured and visitor bicycle parking will be required as part of the Zoning By- law. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Page 221 of 295 Sustainable development initiatives will be further explored at the Site Plan Application stage, however the proposal to add additions to the current building and relocate parking will better utilize the existing building and will result in a more compact design. Proposed Official Plan Amendment Conclusions The Official Plan Amendment Application requests that the urban structure of the lands identified on Map 2 as `Community Areas' be changed to `Industrial Employment Areas', and the land use of the lands designated on Map as `Low Rise Residential' be changed to `General Industrial Employment. Based on the planning analysis, Planning staff is of the opinion that the proposed Official Plan Amendment Application represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix `A'. Proposed Zoning By-law Amendment (2019-051): The subject lands are zoned `Low Rise Residential One Zone (RES -1)' and `Natural Conservation Zone (NHC-1)' with Holding Provision (22H). The existing `RES -1' zoning permits low rise residential uses, such as single detached dwellings, additional dwelling units, and home occupations. The `NHC-1' zoning permits existing agriculture uses and natural heritage conservation. Holding Provision 22H prohibits new building or structures on the land until such time as adequate City services are available and an Environmental Impact Study by approved by the City's Director of Development and Housing Approvals. The applicant has requested a Zoning By-law Amendment to change the zoning of the residentially zoned portion of the lands to `General Industrial Employment (EMP -2)' with Site -Specific Provision (405), and to also lift the Holding Provision (22H). No changes are proposed to the existing `Natural Heritage Conservation (NHC-1)' zoning of the lands. The Site Specific Provision is also proposed to permit a reduced minimum parking rate 1 parking space per 105 m2 of gross floor area for a Manufacturing use, and a parking rate of 1 parking space per 50 m2 for Office use, to reduce the overall required number of parking spaces. Staff offer the following comments with respect to proposed Site Specific Provision (405): a) A minimum parking rate of 1 parking space per 105 square metres for Manufacturing use; and b) A minimum parking rate of 1 parking space per 50 square metres for office use. The purpose of this regulation is to provide for a reduced parking requirement which is appropriate for the development. The applicant has indicated the number of employees that will be on site per day and the provided calculations meet the requirements of the facility. Holding Provision 22H prohibits new buildings or structures on the lands until such time as adequate services are available, and an Environmental Impact Study be approved. No new servicing is required for the parking lot area and no further development is proposed outside of the existing footprint of the barn structure for the future stairwell entrance. Staff Page 222 of 295 have also reviewed and approved an Environmental Impact Study through this application. Both conditions are met through the application and staff have no concerns with the lifting of Holding Provision 22H. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment Application to change the zoning of the lands zoned `Low Rise Residential One Zone (RES -1)' to `General Industrial Employment' (EMP -2) with Site -Specific Provision (405) in Zoning By-law 2019- 051 represents good planning as it will facilitate the redevelopment of the lands with an expanded employment use that is compatible with the existing area. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Appendix `B'. Department and Agency Comments: Circulation of the Official Plan and Zoning By-law Amendment applications was undertaken in May 2024 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Appendix `D' of this report. The following Reports and Studies were considered as part of this proposed Official Plan and Zoning By-law Amendment Applications: • Planning Justification Report Prepared by: GSP Group, April 2024 Scoped Environmental Impact Study, Prepared by: Aboud & Associates Inc., March 22, 2024 Geotechnical Investigation Prepared by: CMT Engineering Inc, February 1, 2024 Page 223 of 295 Community Input & Staff Responses WHAT WE HEARD 0 15 addresses (occupants and property owners within 240 metres) were circulated and notified 0 5 people/households provided comment A City -led Neighbourhood Meeting was held on July 10, 2024 and 9 users logged on Staff received written responses from 5 residents with respect to the proposed development. The comments received are included in Appendix `E'. A Neighbourhood Meeting was held on July 10, 2024. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Loss of 2 Residential Units The land use designation was put in place to acknowledge the `existing' residential uses on the site. The residential units have been vacant for some time. Staff have to balance different conflicting priorities. This proposal is to ensure the continued and long term viability of the adjacent General Industrial lands, which staff believe will generate additional jobs. Transportation staff have reviewed the application and are not concerned with the capacity of the additional vehicles on Wilson Avenue. There is no requirement for a road widening at this time, Traffic along Wilson Ave however Transportation staff are reviewing further to see if a multi -use trail would be a requirement as Wilson Avenue is a major active transportation route with no dedicated pedestrian or cycling facilities at this location. All development is outside of the Natural Heritage Impact on Environmental Area. The applicant has submitted an Environmental Features Impact Study, and Slope Stability Study that has been reviewed by City, Regional and GRCA staff, Page 224 of 295 STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. The requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe, introduced by Bill 109, More Homes for Everyone Act, 2022, has been rescinded. Decisions on combined Official Plan Amendment Applications and Zoning By-law Amendment applications are still required within 120 days to avoid potential appeals to the Ontario Land Tribunal for indecision. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the applications were posted to the City's website in early June. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on July 26, 2024 (a copy of the Notice may be found in Attachment `C' CONSULT — The Official Plan Amendment and Zoning By-law Amendment Applications were circulated to residents and property owners within 240 metres of the subject lands on May 24, 2024. In response to this circulation, staff received written responses from 5 Page 225 of 295 with no major concerns. The applications are amending land use permissions for the portion of 1082 and 1094 Wilson Avenue which have already been cleared of trees and natural heritage features. The protections in place as part the land use designation and zoning for the natural heritage features is not changing with this application. The property is subject to the City of Kitchener Noise and Lighting By-laws and will be required to adhere to the By-laws. A detailed lighting plan will be Noise and Lighting Concerns required through the site plan application process and will be reviewed to ensure there is limited light trespass off-site. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. The requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe, introduced by Bill 109, More Homes for Everyone Act, 2022, has been rescinded. Decisions on combined Official Plan Amendment Applications and Zoning By-law Amendment applications are still required within 120 days to avoid potential appeals to the Ontario Land Tribunal for indecision. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the applications were posted to the City's website in early June. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on July 26, 2024 (a copy of the Notice may be found in Attachment `C' CONSULT — The Official Plan Amendment and Zoning By-law Amendment Applications were circulated to residents and property owners within 240 metres of the subject lands on May 24, 2024. In response to this circulation, staff received written responses from 5 Page 225 of 295 members of the public, which were summarized as part of this staff report. Planning staff also responded to emails from the resident. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina —Manager, Development Approvals, Development and Housing Approvals Division APPROVED BY: Garett Stevenson, Director of Development and Housing Approvals ATTACHMENTS: Attachment A —Proposed Official Plan Amendment Attachment B — Proposed By-law and Map 1 Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Public Comments Page 226 of 295 Attachment "A" Proposed Official Plan Amendment AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1082 and 1094 Wilson Avenue Page 227 of 295 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1082 and 1094 Wilson Avenue INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of August 12, 2024 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee—August 12, 2024 APPENDIX 3 Minutes of the Meeting of City Council — August 26, 2024 Page 228 of 295 Attachment "A" Proposed Official Plan Amendment AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER## SECTION 1 —TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. ## to the Official Plan of the City of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to: • Amend Map 2 — Urban Structure by identifying the lands as `Industrial Employment Areas' in the City's Urban Structure, instead of `Community Areas'. • Amend Map 3 — Land Use by redesignating the lands from `Low Rise Residential' to `General Industrial Employment'. SECTION 3 — BASIS OF THE AMENDMENT Planning Analysis: SECTION 4 —THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Amend Map No. 2. — Urban Structure, by identifying the portion of the lands, municipally addressed as 1082 and 1094 Wilson Avenue, as `Industrial Employment Areas' instead of `Community Areas', as shown on the attached Schedule A; b) Amend Map No. 3 — Land Use, by designating the portion of the lands, municipally addressed as 1082 and 1094 Wilson Avenue, as `General Industrial Empolyment' instead of `Low Rise Residential' as shown on the attached Schedule `B' Page 229 of 295 Attachment "A" Proposed Official Plan Amendment APPENDIX 1 - NOTICE OF PUBLIC MEETING NOTICE OF PUBLIC MEETING for a development in your neighbourhood 1036,1082 Et 1094 Wilson Avenue -r Have Y'ourVoice Heard! �. planning& Strategic Initiatives Committee ° Date: August 12, 2024 Lc�:ticr�: Council Chambers, Kitchener City Hall 200 King Street West a arVirtuai Zoom Meeting r.� Go to kitc hen e r.c a /m eeti n gs and select; ,. • Current agendas and reports Concept Drawing (posted 10 days before meeting) •Appear asadelegation • Watch a meeting To learn more about this project. including, JA113 0 information on your appeal rights. visit: w.kiitchener.cal � PlanningApplications Employment Relocai.ion €t ercontact: Tim Seyler, Senior Planner Use Reduction of Parking tim.seyler bikitchener.ca 519.741.2200 x7860 The City of Kitchener will consider applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the expansion of an existing manufacturing facility and associated parking. The applications propose to change the land use designation on a portion of the properties from 'Low Rise Residential' to 'General Industrial Employment' and to change the ZoningCategory from `RES -1' to "EMP -2', and to permit an overall parking reduction forthe existing manufacturing and office uses. 4 Page 230 of 295 Attachment "A" Proposed Official Plan Amendment APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — October 30, 2023 Page 231 of 295 Attachment "A" Proposed Official Plan Amendment APPENDIX 3 Minutes of the Meeting of City Council — November 6, 2023 Page 232 of 295 Q <71z U) _ a a N ~ LL o E cu \ o _ N d W Qo Q O O W z O W J H o f N Q z U a F- >, Q o d m Z H J H N Q Q N Q Q YQz~ Q ++ �W H z Z L a LL V W >% LL cu c Z W Z G) F CD W i w pLL Q E oc}n L p Q -w Z m = H ~ U p� D ca E = CD CD °' E� W U U a a� o -0 >_ E oo W +EW a ii `� Q a o s r� z Q Q 4-> J J Z Q w ..... 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Y�y �ir` r'. 5• � Y�y �.r` Y. 5• � Y�y �.r` •r'. 5. tiff Y,'y I c i c { c', IL • Y, f i k. �6'. • Y _f i S' k. `'. • Y _f \ i k. y IL '�• � � l �� • �! 1. �� 1. �� . tr{.I 4tij 43 tr{,I 4�i i.t+'• k�'y C•'3.4+'' k�'y C•'A.4+'' k�'y C•' ', tilt.{. ti� �';t�{. it�*. a U) U' � J X 0 O � � v p 0 a O O N N c9 Q CO z O N Q Q Z Z L a Z LU U � W 0 w C2 Q 02 C W U Ua Q+� o Q aYW a z Q Q �> J J Z ow a i O >1 U) J m U) z Qw U z 0 U o IL ZLL m J O ON U) o 0 w U) w O O � N O U) N LU paf _ 0 N LU � � Q O Q U 0 Z O Q w 0i �\ Q W O Z O 0 W Q J Q Z Q Q (n LJ.I O o H J 'V' 0 z I Q V N Z a0 Q O O Q follows: DSD -2024-329 Attachment "B" PROPOSED BY — LAW , 2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Colt Canada Corporation — 1036, 1082 & 1094 Wilson Avenue) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as Zoning Grid Schedule Number 216 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential One Zone (RES -1) with Holding Provision (22H) to General Industrial Employment Zone (EMP -2) with Site Specific Provision (405). 2. Zoning Grid Schedule Number 216 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified an illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from General Industrial Employment Zone (EMP -2) to General Industrial Employment Zone (EMP -2) with Site Specific Provision (405). 3. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (405) thereto as follows: "405. Notwithstanding Section 5.6, Table 5-5 of this By-law within the lands zoned General Industrial Employment Zone (EMP -2) and shown as affected by this subsection on Zoning Grid Schedule Number 216 of Appendix `A', the following special regulations shall apply: a) A minimum parking rate of 1 space per 105 square meters for Manufacturing use. b) A minimum parking rate of 1 space per 50 square meters for Office use." Page 235 of 295 DSD -2024-329 Attachment "B" 4. This By-law shall become effective only if Official Plan Amendment No. _ (1036, 1082 and 1094 Wilson Avenue) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of '2024. Mayor Clerk Page 236 of 295 �z z Q ' a H O z o Z Z N Q �i Z W W ZLLI Q p J t -a Z Z _5 O W } W } W Z 0 m Q LL o E N g o O g o O 2 O Q Q z Z d d o N Z 2 Q m CD pD O N d O W d O J Z O Q W LO � N W a O J Q Q J W vJ Q 2 (� J (� J 2 1— Q Of N ~ Z W > Q W > Q J>~ Q Z J Q w o Q O Q O Q w w Q O � w >\ Q Q u! U W— U Of U) x U U U } U O c9 w u> > H a x 1— a x z U O z g z CO O p z fn w OU U Q U U Q U O w z W- QOf wm (7 \ p z m W— Z:) w ? x z Z:)Of_ w (�O � � z \ z LU 0 W d Q U J Q U w J Z J W Q W L L L L N a Z W N Q H U Cbz w Q? w oQ —QU O a zQ LLu 0L . 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Planning & Strategic Initiatives Committee Date: August 12, 2024 Location: Council Chambers, Kitchener City Hall 201 King Street West 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: Tim Seyler, Senior Planner ti m.seyler@ kitchener.ca 519.741.2200 x7860 The City of Kitchener will consider applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the expansion of an existing manufacturing facility and associated parking. The applications propose to change the land use designation on a portion of the properties from `Low Rise Residential' to `General Industrial Employment' and to change the Zoning Cat r2583 -6f,,2 -2', and n ac to permit an overall parking reduction for the existing maturing and office uses. Attachment 'D' Application #: Zoning By-law Amendment Application ZBA24/011/W/TS Official Plan Amendment Application OPA24/006/W/TS Address: 1082 & 1094 Wilson Avenue Owner: Colt Canada Corporation Comments of: Policy & Research, Planning Division & Environmental Planning Provided by: Carrie Musselman, BSc., Dip., MCIP, RPP Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 carrie.musselman@kitchener.ca Provided on: June 27, 2024 Required by: July 5, 2024 Plans, Studies and Reports submitted as part of a complete Planning Act Application: • 1036, 1082 & 1094 Wilson Avenue, City of Kitchener, Region of Waterloo, Scoped Environmental Impact Study, prepared by Aboud & Associates Inc., dated March 22, 2024. • Planning Justification Report, 1036, 1082 & 1094 Wilson Avenue, Colt Canada Corporation, City of Kitchener, Official Plan Amendment, Zoning By-law Amendment, prepared by GSP Group, dated April 2024. • Geotechnical Investigation, Slope Stability Analysis 1036 Wilson Ave. Kitchener, Ontario, prepared by CMT Engineering Inc., dated February 1, 2024. Proposal: The owner is proposing extensive expansion their existing facility at 1036 Wilson Avenue as well as the relocation of employee parking to 1082 and 1094 Wilson Avenue, the construction of a three-storey stairwell and enclosed, elevated pedestrian connection linking the employee parking lot to the newly expanded facility. The existing dwellings at 1082 & 1094 Wilson Avenue are to be removed and converted into the new parking area. The owner has requested to amend the Official Plan: - Map 2 — Urban Structure in the Official Plan to redesignate 'Community Area' to 'Industrial Employment Area'. - Map 3- Land Use in the Official Plan, to redesignate 'Low Rise Residential' to 'Business Park Employment'. No change to Natural Heritage Conservation designation. The owner has requested to amend the Zoning By-law - from 'Low Rise Residential One Zone (RES -1) with Holding Provision 22H' to 'General Industrial Employment (EMP -2)' in By-law 2019-051 Comments: Official Plan — Urban Structure —The subject lands are located within the "Community Area" of the City's Urban Structure as identified on Map 2 in the Official Plan. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. o Residential uses in this area of the City are limited, the transition to 'Industrial Employment Area' would be compatible with the character, form and planned function Page 1 of 2 Page 239 of 295 of the surrounding context as the property to the north contains Colt Canada's existing facility that is located within the "Industrial Employment Area" of the Urban Structure. o Lands to the north-east and south along the Grand River and lands to the west (Homer Watson Park) are within the "Green Areas" of the Urban Structure and are proposed to remain as such to protect and conserve the ecological functions and features that these areas provide. Land Use Designation —The subject lands are designated 'Low Rise Residential' and 'Natural Heritage Conservation' on Map 3 in the Official Plan. o The Official Plan and Zoning By-law Amendments do not propose to alter any of the boundary of the existing natural feature; the existing designations and zoning regulations associated with the natural feature(s) will remain as -is. o Colt Canada's existing facility is to the north of the subject lands and designated 'General Industrial Employment' in the Official Plan. The redesignation from 'Residential' to 'General Industrial Employment' on the subject lands is in keeping with Policy 15.D.6.10 of the Official Plan which states that the City will encourage the retention, renewal and expansion of compatible existing industrial uses. o The existing residential uses on the subject lands are isolated and currently designated 'Low Rise Residential' to reflect the existing use rather than to accommodate future residential growth. The paramount land use on these properties is 'Natural Heritage Conservation' which is proposed to be retained. Supporting Studies Summary: Scoped Environmental Impact Study Based on the results of the scoped EIS, the proposed development will not result in negative impacts to the existing natural features, or their ecological functions provided the recommended mitigation measures are implemented throughout all phases of development. Recommended mitigation measures within the EIS can be addressed through the City's Site Plan process and/or through condition(s) of site plan approval. Geotechnical Investigation • The Slope Assessment was prepared in accordance with all applicable provincial regulations and concluded that the Proposed Development (parking area, walkway and tower structure) will be located outside of the stable slope allowance and is not a risk from a geotechnical and slope stability perspective. Further, it is not anticipated to create any new hazards or aggravate existing hazards and will have very minimal impacts on the existing natural features. • Recommended mitigation measures within the Geotechnical Investigation can be addressed through the City's Site Plan process and/or through condition(s) of site plan approval. Policies, Standards and Resources • Official Plan -City of Kitchener • Zoning bylaw - City of Kitchener • Urban design - City of Kitchener Page 2 of 2 Page 240 of 295 Application type: Project address: Comments of: Commenter's name: Email: Phone: Date of comments: Comments due: Development proposal City of Kitchener OPA/ZBA comments Zoning By-law Amendment Application ZBA24/011/W/TS Official Plan Amendment Application OPA24/006/W/TS 1082 & 1094 Wilson Avenue Transportation Services Dave Seller dave.seller@ kitchener.ca 519-741-2200 e 7369 July 5, 2024 July 5, 2024 The owner is proposing to expand an existing manufacturing facility at 1036 Wilson Avenue and requires the existing dwellings to be removed and converted into a new parking area. The owner has requested to amend the Urban Structure in the Official Plan to redesignate the property from 'Community Area' to 'Industrial Employment Area', and to redesignate the property to 'Business Park Employment' from 'Low Rise Residential'. The owner has requested to amend the Zoning By-law to 'General Industrial Employment (EMP -2)' in By-law 2019-051 from 'Low Rise Residential One Zone (RES -1) with Holding Provision 22H' in Zoning By-law 2019-051. Also, a new staff parking area is being proposed with approximately 110 parking spaces and one full moves access to Wilson Avenue. Parking area analysis One vehicle access point to Wilson Avenue is appropriate. Below are some site plan related comments. • Typical parking drive aisle widths. o 7.3m double loaded parking o 6.7m single loaded parking o 6.1m with no parking on either side of the drive aisle. • Typical parking space dimensions — 5.5m x 2.6m • Driveway visibility triangles — 3.Om x 4.5m Active Transportation analysis Wilson Avenue is a major active transportation route with no dedicated pedestrian or cycling facilities for this portion of Wilson Avenue. While there is no road widening for this section of Wilson Avenue, Transportation Services is consulting with our legal department regarding the feasibility of a boulevard A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 241 of 295 multi -use trail (BMUT) along the 1094 Wilson Avenue frontage. Transportation Services will provided additional comments regarding the BMUT after consultation with our legal staff. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 242 of 295 N* Region of Waterloo Tim Seyler Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Seyler, 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: D17/2/24006 C14/2/24011 July 8, 2024 Re: Proposed Official Plan Amendment OPA 24/06 and Zoning By-law Amendment ZBA 24/011 1082 and 1094 Wilson Avenue GSP Group (C/O Kristen Canada Corporation CITY OF KITCHENER Barisdale) on behalf of Colt GSP Group has submitted a site-specific Official Plan Amendment and Zoning By-law Amendment Application for a development proposal at 1082 and 1094 Wilson Avenue (referred to as subject lands) in the City of Kitchener. The Owner is proposing to demolish two single detached dwellings on each lot to permit a new parking area that will be associated with the existing manufacturing facility at 1036 Wilson Avenue. The subject lands are designated Urban Area and Delineated Built Up Area in the Regional Official Plan. The site is designated Low Rise Residential and Core Natural Feature in the City of Kitchener Official Plan and zoned RES -1 and NHC-1 in the City of Kitchener Zoning By-law. The applicant has requested an Official Plan Amendment to redesignate the subject lands from the `Community Area' to the `Industrial Employment Area' and to redesignate the land from `Low Rise Residential' to `Business Park Employment'. The applicant has also proposed a Zoning By-law Amendment to rezone the subject lands from the Low Rise Residential One (RES -1) Zone to the General Industrial Employment (EMP -2) Zone. The applicant is proposing to remove Holding Provision 22H from the lands. Holding Provision 22H relates to ensuring adequate city Document Number: 4725244 Version: 1 Page 243 of 295 services are `available' or that `acceptable arrangements' have been made and that an Environmental Impact Study has been approved by the City's Director of Planning. The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP) and the site is designated Low Rise Residential in the City of Kitchener Official Plan. The site is adjacent to an industrial use and the proposal is to permit additional parking for the industrial operation at 1036 Wilson Avenue. Built Up Area Policies: Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density that's assists in providing opportunities for residents to use alternative forms of transportation (e.g. walking, rolling, strolling). The Delineated Built Up Area is intended to support the 15 -minute neighborhood and includes an appropriate mix of jobs, local stores and services as well as a full range of housing and transportation options. Regional staff understand that the proposal will support an existing manufacturing operation directly adjacent to the site (Colt Canada). Core Environmental Features: The subject lands contain a Regional Core Environmental Feature on the entirety of the subject lands. The applicant has submitted an Environmental Impact Study to establish the limits of development on site and the impact to the Core Environmental Feature. As indicated below, the Region has no objection to the Environmental Impact Study submitted and agrees with the conclusions and recommendations contained in the study. Further detailed information can be found in the Environmental Planning section below. Servicing: Regional staff understand that the subject lands are serviced by a municipal water system, but do not have a connection to a municipal wastewater system. Please be advised that the preferred form of servicing within the Urban Area and Delineated Built Up Area of the Regional Municipality of Waterloo is servicing from a municipal water and wastewater system. Regional staff understand that municipal water and wastewater is not required to service a parking lot, however Regional staff advise the applicant and owner that should an expansion to the building be proposed, the development will be required to be serviced by municipal water and wastewater services in accordance with the Regional Official Plan. Document Number: 4725244 Version: 1 Page 244 of 295 Further to the above, Regional staff have the following technical comments relating to the proposal: Environmental Planning: The scoped Environmental Impact Study (EIS), prepared by Aboud & Associates, dated March 22, 2024 has been reviewed and Regional staff offer the following comments on the report: Regional staff understand that the proposed parking lot and tower/stairwell for the pedestrian bridge are to be situated in areas that are not included in the designated Core Environmental Feature on the subject lands and no development activity shall occur within the Core Environmental Feature. In addition, a suitable buffer has been included to ensure additional protection for the feature. Furthermore, Regional staff understand that the elevated walkway through the forest canopy is to be constructed in such a manner that impacts to the woodland feature will be minimal and can be readily mitigated through recommendations made in the EIS. Regional staff have no objections to the methodology, conclusions and recommendations contained in the scoped Environmental Impact Study and require that the remainder of the property continue to be designated Core Natural Feature in the City of Kitchener Official Plan and NHC-1 in the City of Kitchener Zoning By-law. Furthermore, Regional staff recommend that the recommendations contained within Section 7 of the EIS be implemented through the future site plan and be implemented to the satisfaction of the City of Kitchener and Regional Municipality of Waterloo. Regional Cultural Heritage Regional staff understand that site alteration and development on the subject lands is intended to take place on portions of the land that have been disturbed. Please be advised that should development or site alteration take place in any areas outside of the current areas containing disturbance, an archaeological assessment must be completed by a licensed archaeologist, due to the subject lands proximity to hydrology, its location within a historic landform and the sites proximity to historic buildings. Should any work be proposed in the undisturbed portion of the subject lands, the owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a copy of the Ministry's Acknowledgement letter(s) and the Assessment report(s) to the satisfaction of the Regional Municipality of Waterloo. Hydrogeology and Water Programs/Source Water Protection The owner/developers is advised that a salt management plan is required to the satisfaction of the Regional Municipality of Waterloo as part of a future site plan application. Regional staff encourage the Owner/Developer to incorporate the following design considerations with respect to salt management into the design of the site and within the salt management plan: Document Number: 4725244 Version: 1 Page 245 of 295 • Ensuring that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces. • Locating snow storage areas in close proximity to catchbasins. • Using winter maintenance contractors that are Smart About SaltTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaltTM program for this property. Completion of the SMP is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Please be advised that the Region does not support infiltration of chloride laden runoff from parking lots. Fees: Please be advised that the Region is in receipt of the Official Plan Amendment review fee of $7,000.00 and the Zoning By-law Amendment Review fee of $3,000.00 (total $10,000) was received in full July 5, 2024. Conclusions: The Region has no objection to the above noted applications to permit a parking facility associated with an adjacent industrial use provided the following is implemented within the Official Plan Amendment and Zoning By-law Amendment: 1. That the areas outside the area where development is to occur continues to be designated Core Natural Feature in the City of Kitchener Official Plan and NHC-1 in the City of Kitchener Zoning By-law. Next Steps: Please be advised that 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. Document Number: 4725244 Version: 1 Page 246 of 295 Further, 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. GSP Group Inc. C/O Kristen Barisdale (Applicant), Colt Canada Corporation C/O JoAnne McCormick (Owner) Document Number: 4725244 Version: 1 Page 247 of 295 July 19, 2024 via email Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Tim Seyler, Senior Planner Kitchener City Hall, 6th Floor 200 King Street West, P.O. Box 1118 Kitchener ON N2G 4G7 Dear Tim Seyler, Re: Zoning By-law Amendment Application ZBA24/011/W/TS Official Plan Amendment Application OPA24/006/W/TS 1082 and 1092 Wilson Avenue, City of Kitchener Colt Canada Corporation Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application for amendments to the Official Plan and Zoning By-law to allow the existing dwellings to be removed and converted into a new parking area. Recommendation Based on our review of the material submitted with the application, the GRCA recommends deferral to allow the applicant time to address our comments. Additional information is required to confirm the extent of the riverine slope erosion hazard and development setback. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: - Geotechnical Investigation, prepared by CMT Engineering Inc., dated February 1, 2024. - Stormwater management Brief, prepared by WalterFedy, undated. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a regulatory authority under Ontario Regulation 41/24 and as a public body under the Planning Act as per our CA Board approved policies. Information available at this office indicates that the subject properties contain floodplain associated with the Grand River, a riverine slope erosion hazard and the regulated allowances to these features. Due to the presence of these features, a portion of the properties are regulated by the Grand River Conservation Authority under Ontario Regulation 41/24. Any future development activities, including the proposed parking area and tower, will require the prior issuance of a permit from the GRCA. The GRCA understands that the applicant is proposing to amend Map 2 - Urban Structure in the Official Plan to redesignate the property from `Community Area' to `Industrial Employment Area' and amend Map 3- Land Use' in the Official Plan to redesignate the property to `Business Park Employment' from `Low Rise Residential.' In addition, the applicant has Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Page 248 of 295 requested to amend the Zoning By-law to `General Industrial Employment (EMP -2)' in By- law 2019-051 from `Low Rise Residential One Zone (RES -1) with Holding Provision 22H. Prior to recommending approval, the GRCA requests that the comments below, which pertain to the site specific geotechnical investigation, be addressed, in order to allow the slope erosion hazard overlay to be updated. The GRCA recommends that the slope erosion hazard overlay be updated to confirm that the proposed development activity will be outside of the natural hazards. 1. Have potential impacts to the (lower) slope from the proposed developments (e.g., the tower structure, parked vehicles, and construction impacts such as equipment/heavy machinery) been considered in the slope stability analysis? Please clarify and confirm. 2. There is a discrepancy in the long-term stable slope extent (in the vicinity of the proposed tower and walkway) shown on Drawing 2 and Drawing 28. Please clarify and update the drawing(s). The long-term stable slope must be delineated and captured on an updated erosion hazard overlay. The GRCA will defer a detailed review of the proposed grading and stormwater management design to site plan. However, at this time we would like to note that the stormwater management must, in part, control post -development peak flows to pre -development levels for all storms up to and including the 100 -year storm (i.e., 2, 5, 10, 25, 50 and 100 -year storms) for all site outlets, and ensure there are no additional impacts during the regulatory storm. The applicant is encouraged to engage in pre -consultation to confirm submission requirements. Site Plan Application Based on a review of the submitted materials, the GRCA would request that the geotechnical investigation report be updated with the following as part of a future Site Plan Application. 3. Please attach the survey by Van Harten Surveying Inc. (the most updated version) to the geotechnical report. The vertical datum must be provided on the survey. The survey must be signed by a certified OLS. 4. The geotechnical report should be updated to review and confirm that the proposed grading and servicing will not have a negative impact to the slope stability. Advisory Comments 1. No response is required. Upon further review, the GRCA does not consider the upper slope to be part of the riverine erosion hazard. We would recommend that if any development is proposed on the upper slope in the future, that a geotechnical engineer review and provide input, however, a permit from the GRCA will not be required. Consistent with GRCA's 2024 approved fee schedule, this application is considered a major Official Plan and/or Zoning Bylaw Amendment, for which the review fee is $2,500. The GRCA acknowledges receipt of a previous payment in the amount of $255 for an Inquiry fee. The applicant will be invoiced the difference in the amount of $2,245, for the GRCA's review of this application. Page 249 of 295 Should you have any questions, please contact the undersigned at cfosterpengelly@grand river. ca or at 519-621-2763 extension 2319. Sincerely, .¢ Chris Foster-Pergelly, M.Sc. Supervisor of Planning and Regulations Enclosed: GRCA map of the properties Page 250 of 295 'Ta .I" r c O N W C)c)_ > f ¢„ •�.� c co Y@@@ aTN=g-o_o-E _ �Q !l r r' � - 1p �_ 4i <a or ?- U �a� c?� u¢� � W- o v v�v i _ O Q V 7 ° 0 vM,'"0 >�^ U �+ a} m Q n o w" m o C.) C 47 mo > � F _ O O Y E U U 0�- �-- Q a m cn a a a o c p C U v o o Q ` 0' 2 V Q co C d1 d1 N 9] Q [6 r >, 3- w o U f4 C � .N � 'C N N } N } M W W W W N E OE 00 R7 W W Q C W 65 ❑ 1] O Y s s s 0 r„ O �' O LL N R ® N fl Q' �' 7v 7 J J J J U L � ' 0 V 0 _ o.0 I -- LL� US V7 v oroB°E�0 .I" r f ¢„ •�.� c co Y@@@ !l r r' � - 1p �_ City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 1082, 1094 Wilson Ave (connected with 1036 Wilson Ave) Owner: Colt Canada Application: ZBA24/011/W/TS and OPA24/006/W/TS Comments Of: Commenter's Name: Email: Phone Date of Comments: Park Planning Lenore Ross Lenore. ross@kitchener.ca 519-741-2200 ext 7427 July 05 2024 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) 0 No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) Documents Reviewed: I have reviewed the documentation noted below submitted in support of an OPA and/or ZBA to allow the expansion of an existing manufacturing facility at 1036 Wilson Avenue and requiring the existing dwellings to be removed to be converted into a new parking area. The owner has requested to amend Map 2 — Urban Structure in the Official Plan to redesignate the property from 'Community Area' to 'Industrial Employment Area'. And Map 3- Land Use in the Official Plan to redesignate the property to 'Business Park Employment' from 'Low Rise Residential' (as shown on the attached Schedule W). The owner has also requested to amend the Zoning By-law to 'General Industrial Employment (EMP - 2)' in By-law 2019-051 from 'Low Rise Residential One Zone (RES -1) with Holding Provision 22H' in Zoning By-law 2019-051 List of documents reviewed. • Scoped EIS —Aboud and Associates dated March 22 2024 • Circulation Letter dated May 24 2024 Site Specific Comments & Issues: The lands that are subject to these Planning applications are immediately adjacent to City owned lands identified as Kitchener Core Natural Heritage Features and Regional Core Environmental Features. These Natural Heritage Conservation lands are known as Homer Watson Park to the west and Petrifying Spring Natural Area to the east. In addition, there is a land -locked, City owned NHC parcel immediately east of the 1036 Wilson Ave lot and through subsequent development applications related to the proposed expansion of the manufacturing facility, access to these City owned lands and that remaining residential parcels east of the site should be addressed. This may require additional Planning applications. Through the expected site plan application for the proposed expansion of the manufacturing facility, conveyance of the NHC lands to the City will be explored with the intent of providing secure access to A City for Everyone Working Together— Growing Thoughtfully— Building Community 18aw � of 295 City of Kitchener Zone Change / Official Plan Amendment Comment Form City lands and connecting natural heritage features in public ownership. If direct conveyance of some portions of the NHC lands on 1082 and 1094 Wilson Ave is not possible because of operational or security needs, registration of a conservation easement in favour of the City can be explored as an option. Park Planning has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide support for the applications. Comments on Submitted Documents No comments Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan application for the subject and adjoining lands. Parkland dedication will be assessed based on the A City for Everyone Working Together— Growing Thoughtfully— Building Community Id of 295 City of Kitchener Zone Change / Official Plan Amendment Comment Form land use class(es) and density approved through the OPA and ZBA and required as a condition of Site Plan Approval Dedication requirements are subject to the Planning Act, Parkland Dedication Bylaw, Park Dedication Policy and rates in effect. The Bylaw is under appeal. A City for Everyone Working Together— Growing Thoughtfully— Building Community auu- of 295 City of Kitchener Pre -submission Application Comment Form Project Address: 1082-1094 Wilson Avenue Date of Meeting: July 05, 2024 Application Type: ZBA / OPA Comments Of: Development Engineering Commenter's Name: Jason Brule Email: jason.brule@kitchener.ca Phone: 519-741-2200 x.7419 Date of Comment: ❑ I plan to attend the meeting (questions/concerns/comments for discussion) X I do NOT plan to attend the meeting (no concerns) There is no meeting scheduled 1. Site Specific Comments & Issues: • No sanitary or storm infrastructure along the frontage here. 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: Zoning Bylaw Amendment: • For the OPA/ZBA a Functional Servicing Report detailing outlets to the municipal sanitary and storm servicing system is required to the satisfaction of Engineering Services. Sanitary design sheets developing population based on zoning with peaked flows must be submitted to run the sanitary capacity modeling. The City of Kitchener will use this information to determine if there are any downstream issues. If the capacity analysis determines that the sanitary sewers will need to be upgraded to support the development, then these upgrades will be rolled into the development costs. Further studies will be required at the time of development to determine the approximate length of sanitary sewers that will need to be upgraded. • Stormwater Management may be addressed through the Site Plan Approval process. • For the OPA/ZBA a Water Distribution Report is required to the satisfaction of Engineering Services in consultation with Kitchener Utilities and the Region of Waterloo. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 255 of 295 Tim Seyler From: Nick Pfeifle Sent: Tuesday, June 4, 2024 2:53 PM To: Tim Seyler Subject: Re: AGAINST - Comments on 1082 & 1094 Wilson Avenue (OPA/ZBA) You don't often get email from rn why this is important Thanks Tim, I appreciate that my voice is only one part of the decision making. If it's in order you can mention my position as the president of uwaterloo students and an engineering graduate, but be aware that my organization does not have an official stance on specific zoning requests, only sentiments about good municipal design. Best, Nick From: Tim Seyler <Tim.Seyler@kitchener.ca> Sent: Tuesday, June 4, 2024 2:48 PM To: Nick Pfeifle Subject: RE: AGAINST - Comments on 1082 & 1094 Wilson Avenue (OPA/ZBA) Hi Nick, Thank you for your comments. At this time no decision has been made on the application, and all the comments received during the commenting period will be taken into consideration. I have added your email to my email list to receive further information, and you can also get up to date information on the City's website. Let me know if you would require any more information. Thanks, Tim Seyler, BES, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 ext. 7860 1 TTY 1-866-969-9994 Tim.Seyler@kitchener.ca 0 () 0 From: Nick Pfeifle Sent: Monday, June 3, 2024 10:31 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: AGAINST - Comments on 1082 & 1094 Wilson Avenue (OPA/ZBA) You don't often get email fror Marn why this is important I-il Tim, Page 256 of 295 As a student, and with a background knowledge in sustainable development and engineering, I must come out against the expansion of parking lots. It goes against good practice to increase parking availability instead of focusing on mobility changes, bussing, accomodating carpooling, and other forrrMOMMficial to the long term health of our community. I implore the city council consider the effects of Urban Heat Islands, and Urban Stream Syndrome, both of which objectively will worsen with expanding parking. I am deeply worried about the runoff potential into the grand river, worsenin rover -concentration of salt, and I must protest the loss of greenspace. It would serve the city well for this area to remain undeveloped, and should it need to be upbuilt, a parking lot is, close to to the worst possible choice for growing our community and economy. Accepting this development would be a mistake. Best luck, Nick Pfeifle BASc '24, President Federation of Students; Operating as the Undergraduate Student Association (WUSA), University of Waterloo 0 098011040dolm,; Page 257 of 295 Tim Seyler From: Neil Taylor > Sent: Tuesday, June 4, 2024 4:53 PM To: Tim Seyler; Jim McDowell; Jason Deneault Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. June 4, 2024 Thanks for your response Mr. Seyler. The 2 buildings that you refer to have been vacant by choice of the the owner, Colt Canada. I have had people enquiring re. rental. At a time when there is a huge shortage of housing, not only in this municipality, but across the country, it is a travesty to allow demolition of 2 residential buildings along with accessory structures. 1 am aware that one of the residences has log cabin walls. Should not that require more consideration? 1 have been a neighbour to the subject properties since 1974. The Colt factory was built after that date. The city allowed them to expand their facility 2 times requiring berms and other forms of attractive landscaping to be removed and paved over for parking. The company has caused their own problem. Page 258 of 295 In as much as the surrounding area is designated Natural Heritage, in the absence of it being retained as residential zoning, I submit that the City should acquire the property and make it part of Homer Watson Park' Please add this communication to the file for reference. Respectfully submitted, Neil E. Taylor ------ Original Message ------ From: Tim.Se ler@kitchener.ca To, Sent: Tuesday, June 4th 2024, 15:08 Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS Hi Neil and Jim, Thank you for your comments. At this time no decision has been made on the application, and all the comments received during the commenting period will be taken into consideration. I have added your emails to my email list to receive further information, and you can also get up to date information on the City's website. Let me know if you would require any more information. http L"perience,arc is.comn experience/bb2db3e61bd04320 clf16dl6a3cedocIpage/Curr(°rat AppilcationsLt data s=id 3AdataSource 10 -Planning l pglicatiens Active 5584%3A_112 To answer your questions, the 2 residential dwellings that are currently on the properties are proposed to be removed. They have been vacant for some time now. The properties are proposed to be used for parking, as the existing building on 1036 Wilson is proposed to be expanding and constructing within the Page 259 of 295 current parking area, the parking is then being relocated to this location. Should the application be approved and move forward, a storm water management brief will be required as part of a complete site plan application and our engineering staff will ensure that stormwater will be handled correctly. Further to Jim's question, this is not near Bleams Rd. as the closest intersection that Bleams intersects is the roundabout at Manitou Dr.. This is a fair distance from that. If you have further questions, please let me know. Thanks, Tim Seyler, BES, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca IJ = IJ E - E - Z ...1j] E LJ From: Neil Taylor Sent: Tuesday, June 4, 2024 6:57 AM To: Tim Seyler <Tim.Seyler@kitchener.ca>; Jason Deneault <Jason.DeneauIt@kitchener.ca> Cc: Lynda & Dave Thomso Scott Mackenzie Patrick Jagielski ; Jim McDowell Subject: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS Attention: Tim Seyler Sir, wish to receive more information re. this application. For instance, what becomes of the residential buildings on the property? Flow Page 260 of 295 will the application result in any difference to the owner of the property relative to employment? How will the storm water runoff be managed to new impermeable surfaces? 1 request an immediate response to these questions in writing and a telephone call a.s.a.p. In general, I stand opposed to the application. Respectfully submitted. Neil E. Taylor https://www.facebook.com "Adopt the pace of nature: her secret is patience." - Ralph Waldo Emerson (1803-1882) "The richness I achieve comes from nature, the source of my inspiration." - Claude Monet "In the end, we conserve only what we love, we will love only what we understand and we will understand only what we are taught." -- Baba Dioum Page 261 of 295 Tim Seyler From: Jim McDowell Sent: Wednesday, June 5, 2024 9:48 AM To: Neil Taylor; Tim Seyler; Jason Deneault Subject: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Some people who received this message don't often get emai Learn why this is important I appreciate the correspondence to date and the details being addressed as well as the site clarification offered by Tim S. Water issues and environmental concerns are always important. If the log wall is historically important I would favor further investigation and a suitable proposal about it before application approval is granted. The Taylor Woods area is a great treasure. Let's do all we can to maintain and enhance it. I'm also interested in the nearby Hidden Valley area and plugged into the appropriate focus group. Thanks, men. Jim Get Outlook for Android From: Neil Taylor Sent: Tuesday, June 4, 2024 4:53:19 p.m. To: Tim Seyler <Tim.Seyler@kitchener.ca>; Jim McDowell ; Jason. Deneault@kitchener.ca <Jason.Deneault@kitchener.ca> Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. June 4, 2024 Thanks for your response Mr. Seyler. The 2 buildings that you refer to have been vacant by choice of the the owner, Colt Canada. 1 have had people enquiring re. rental. At a time when there is a huge shortage of housing, not only in this municipality, but across the Page 262 of 295 Tim Seyler From: Neil Taylor Sent: Monday, June 17, 2024 9:03 AM To: Tim Seyler Cc: Jason Deneault; Jim McDowell Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Good morning Tim have reviewed though not in detail all parts of the 1036, 1082 & 1094 Wilson Avenue City of Kitchener, Region of Waterloo Scoped Environmental Impact Study. have searched in vain for specific site plans that 1 thought should be readily available for all proposed changes within the application at 1036, 1082 &1094 Wilson Ave., Kitchener ON, e.g. location of set -backs, buffers, light standards, size of parking spaces, elevations of structures etc. Please forward these a.s.a.p. Respectfully requested, Neil E. Taylor C.c Interested parties ------ Original Message ------ From: Tim.Seyler@kitchener.ca Page 263 of 295 Tim Se ler From: Neil Taylor Sent: Tuesday, June 18, 2024 9:24 PM To: Tim Seyler; Jason Deneault; Jim McDowell Subject: Re: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Hi Tim I was actually looking for a site plan for 1082 and 1094.Wilson Ave. showing al buffers, setback, dimensions of parking spaces, or any proposed structures, lighting standards and locations, etc. I included these addresses in the request on June 17. Please forward these a.s.a.p. Respectfully requested, Neil E. Taylor C.c Interested parties ------ Original Message ------ From: Tim.Seyler@kitchener.ca T Sent: Tuesday, June 18th 2024, 15:19 Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Hi Neil, Thanks for the email. At this time there is no site plan application for 1036 Wilson Ave. The application that has been submitted is only for the lands addressed at 1082 and 1094 Wilson Ave. At this time the requirements you are looking for in regards to the changes to the building at 1036 Wilson have not been submitted nor are they required to be submitted to the City with this application. They have provided the initial site plan in their planning justification report to see what they are intending to do. However the site plan will go through the full process once and if the OPA/ZBA have been approved by Council. The application is to change the zoning and the designation of the lands to Business Park Employment from Residential zoning. The Natural heritage zoning is not being altered with this application. Page 264 of 295 NEIL K. TAYLOR KITCHENER, ON June 21, 2024 Attention: Tim Seyler, Senior Planner City of Kitchener, Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: 0PA24/006/W/TS - 1082 &1094 Wilson Ave. As per our telephone conversation today, we had an understanding that you would undertake to forward to me any documents, report, studies, etc. pertaining to this application beyond the scoped environmental impact study. Respectfully submitted, Neil E Taylor C.c. Interested parties Page 265 of 295 NEIL B. TAYLOR UrCHBIYER, OR June 22, 2024 Attention: Tim Seyler, Senior Planner City of Kitchener, Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. As per our telephone conversations and various correspondence, I have sought details on various aspects of the proposed development. These include: • The ill -consideration of demolishing two residences and another structure that might be converted into a residence at a time when there exists a massive shortage of housing in the City of Kitchener. • The absence of information re. an application to the Region of Waterloo (the upper tier municipality) re. an amendment to the ROP (2022). "The Regional Official Plan is a statutory document that sets out land use policy to guide future growth and development. If an owner proposes to develop a property differently than what is prescribed by the Regional Official Plan, they must apply to the Region for a Regional Official Plan Amendment. Regional Council is the approval authority for Regional Official Plan Amendments." Since the owner is requesting a City Official Plan Page 266 of 295 Amendment to redesignate a portion of the properties from Low Rise Residential to Business Park Employment and a Zoning By-law amendment to change the zoning from RES -1 to EMP -2 to permit the expansion of a manufacturing facility and associated parking, why is there not an application to the Region for an Official Plan Amendment • The absence of a Traffic Study for Wilson Ave. between the intersection of Wabanaki Dr. and the cul de sac (parking area) near 1094 Wilson Ave. This should include studies parking of visitors to Homer Watson Park along Wilson Ave. + The absence of any consideration for the widening of Wilson Ave. into the ESPA 31 (Homer Watson Park). The areas adjacent to Wilson Ave. are designated Natural Heritage. The Woodland is considered Regionally Significant and is a Regional Core Environmental Feature. Where is a study on this matter? * The absence of consideration of lighting for the proposal in a meaningful way. There is no mention of lighting that will negatively impact upon the closest residential neighbour. Why not? • The absence of consideration of any method of handling snow. A reasonable person could surmise that it will be plowed it over the steep bank or across Wilson Ave. into the Natural Heritage Areas. Please explain. The absence of s specific site plan that delineates the buffers and setbacks for the development as well as the location and height of lighting, etc. How will this be addressed? These matters are of great concern. Respectfully submitted, Neil E Taylor C.c. Mayor and Council, City of Kitchener Melissa Mohr, Senior Planner, Region of Waterloo Interested parties Page 267 of 295 Tim Seyler From: Patrick Jagielski Sent: Friday, June 28, 2024 3:16 PM To: Tim Seyler Cc: Neil Taylor Subject: Concerns with development on Wilson Ave. Attachments: Letter to the City of Kitchener re. Colt June 22, 2024 (1).docx You don°t often get email fri)r i!,Arri :vlI, k is 1 -1;,,0rtarit Dear Mr. Seyler, I am writing in support of concerns raised by Neil E. Taylor on June 22nd of this year regarding the demolition of homes on Wilson Ave. (see his attached letter for reference). I second Mr. Taylor's comments and concerns and wish to be included in correspondence on the matter going forward. Professionally (as a Wildlife Biologist), I have concerns with developing within (or near) the Homer Watson Park ESPA. The two homes are already in place and have a low ecological footprint on the area. The same cannot be said for the expansion of a factory and parking lot, which will bring with it more noise, light, and physical (garbage) pollution. Please consider this matter seriously as we (myself, Mr. Taylor, and concerned citizens) seek answers from the city. I regret that I will not be able to attend the meeting on July 10th as I will be away for fieldwork in the Arctic, but I support Mr. Taylor as he brings the matter forward to the council that day. Sincerely, Patrick Jagielski Concerned Citizen of Kitchener Page 268 of 295 NEIL K. TAYLOR KITCHENER, OR July 2, 2024 Attention: Tim Seyler, Senior Planner City of Kitchener, Please distribute to the Mayor and Council: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. And Planning Justification Report Please respond to the following: 1. What is the official response of city planning staff to the responses provided in the Planning Justification Report prepared by GSP re. the Provincial Policy Statement? 2. What is the official response of city planning staff to the responses provided in the Planning Justification Report prepared by GSP re. the Places to Grow: Growth Plan for the Greater Golden Horseshoe? 3. What is the significance of Holding Provision 22H? What is the status of that Holding Provision? Why should the status be permitted to be removed? Respectfully requested, Neil E. Taylor C.c. Interested Parties Page 269 of 295 Tim Se ler From: Jim McDowell Sent: Tuesday, July 2, 2024 4:44 PM To: Neil Taylor; Tim Seyler Subject: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. You don't often get email Learn why this is important Dear Mr Saylor, I've been following this matter as an interested party. Neil Taylor has done a lot of work on this matter and I believe he has raised valid points with respect to land that is very close to our precious Grand River. To see a parking lot pavement covering any of the ecosystem by such a river would be tragic. Therefore I urge that Taylor's points be given careful study and that long term values govern the outcome on this question. Please convey my concern and its basis to those who will study and decide. With respect and trust, James McDowell Kitchener. Get Outlook for Android From: Neil Taylor Sent: Tuesday, July 2, 2024 3:38:44 PM To: Tim.Seyler@kitchener.ca <Tim.Seyler@kitchener.ca> Subject: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. July 2, 2024 Attention: Tim Seyler, Senior Planner City of Kitchener, Please distribute to the Mayor and Council: Page 270 of 295 Re Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Please see the attached letter of this date. I ask for responses as soon as possible. Respectfully submitted, Neil E. Taylor C.c. Interested Parties Page 271 of 295 Tim Seyler From: Stuart MacDonald Sent: Saturday, July 6, 2024 2:17 PM To: Tim Seyler; Jason Deneault Cc: Christine Michaud Subject: Re: Colt factory expansion concern Some people wlto received this message don't often get email r am—W Js.irrn ortant (Resend due to mis-spelling Jason's email address; I had to copy if manually from the "postcard" PDF. Protip: Things on the web should always be made copy and pasteable.) On Sat, Jul 6, 2024 at 2:14 PM Stuart MacDonald wrote: Hello City of Kitchener reps, 've just become aware of the Colt factory expansion plans. I am unopposed to expanding the factory. I am opposed to remaking 1094 Wilson into parking for the factory. That address has been a residence for the 20+ years I've lived in the immediate area. If it's not going to be a residence any more, it should be returned to, or merged into, the surrounding park/green space. Even if that means turning it into a small parking lot that services the park. The park could really use a bit more parking space. It's very popular, the existing parking is often over -run and the lot at the south end of Wilson appears to be unmaintained; unpaved/unmaintained pavement and developing pot holes. Full disclosure: Christine and I know each other and live in the same condo complex. I've CCed her as a "nextdoor Councillor" that might be interested in the proposed development. I am not attempting to leverage our relationship for any purpose. Thanks, ...Stu Thanks, ...Stu Page 272 of 295 Tim Seyler From: Neil Taylor Sent: Wednesday, July 10, 2024 7:54 AM To: Tim Seyler; Jason Deneault Subject: Re: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Attachments: Letter to City of Kitchener re. Colt Canada July 4, 2024.docx July 10, 2024 Attention: Tim Seyler, Senior Planner, City of Kitchener, Please distribute to the Mayor and Council: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. And Planning Justification Report GSP Group (Report) And Provincial Policy Statement, 2020 And Places to Grow: Growth Plan for the Greater Golden Horseshoe Good morning Tim. I have just had my land line and internet restored after 4 days of outage. Until you call yesterday afternoon, I was unaware that I had not included the attachment on Sunday when I tried to use the internet at Shoppers Sunday afternoon. Page 273 of 295 I stand 100% opposed to these applications. 1. The purpose for the Application with accompanying reports can not be achieved. 2. Demolition of houses is offensive to the General Public in a time or housing shortage. 3. There are other nearby locations better suited for the parking. 4. The subject properties are surrounded by Natural Heritage designation as well as Low-rise Residential properties.. The proposed brightly lit parking lot with glass enclosed stairs and bridge will present an inappropriate development to an area that has been low light and low intensity of activity for many decades. Please see the attached document with other objections and rationale. hope to attend the Zoom meeting at 7:00 p.m. if I don't have more internet outages or other issues. Respectfully submitted, 0, Wjr. VA Neil E. Taylor ------ Original Message ------ From: Tim.Seyler@kitchener.ca Sent: Monday, July 8th 2024, 09:52 Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Hi Neil, Page 274 of 295 Thanks for the email however there was no letter attached to it. Would you be able to resend with the attachment? Thanks, Tim Seyler, BES, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca 0AZ 19 l x I€i From: Neil Taylor Sent: Sunday, July 7, 2024 5:20 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. Attention: Tim Seyler Please see the attached letter dated July 4, 2024 Respectfully submitted, Neil E. Taylor https://www.fightforfarmland.com/ https:Himages.squarespace-cdn.com/content/v1/65fca845277db5669ac677f7/643bled8-15d7-4d90-8a96- b21f36371a20/Fight+For+Farmland+Logo+Transparent+two+tonwshorizontal.png?format=1500w Page 275 of 295 NIHIL E. TAYLOR UrCHE24ER, ON July 4, 2024 Attention: Tim Seyler, Senior Planner, City of Kitchener, Please distribute to the Mayor and Council: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. And Planning Justification Report GSP Group (Report) And Provincial Policy Statement, 2020 And Places to Grow: Growth Plan for the Greater Golden Horseshoe This application is not for a simple "proposed development" as represented by a 9" X 6" post card invitation to a neighbourhood meeting. The proposed development includes: • a significant addition to the existing Colt Canada manufacturing plant (1036 Wilson Ave.) • reduction of parking at 1036 Wilson Ave. • demolition of 2 habitable residences and another significant building • the construction of a parking lot (1082 and 1094 Wilson Ave), • the construction of a glass three-storey enclosed stairway (1082 and 1094 Wilson Ave), • the construction of a glass enclosed pedestrian bridge connecting to the manufacturing plant, and • the erection of significant lighting structures for parking adjacent to a Natural Heritage Area and a residential property. Page 276 of 295 ➢ The information on the postcard and on the identical posted sign at the subject property is incomplete and misleading. There is no real indication to the public of the intent to demolish 2 well -constructed habitable houses and a third structure. The postcard boldly states with accompanying icons that the purpose is "Employment Use" and "Relocation of Parking". The report states that Colt currently has 149 employees. I am unable to find any suggestion that the employment number will increase if the Application is successful. Accordingly, the information is disingenuous.. Moreover, the Report states that the intended number of parking spaces at 1082 and 1094 Wilson Ave. will be only 127. Even with the retention of 16 spaces at 1036 Wilson Ave., the plans for parking in the Application will not accommodate all employees and visitors. The purpose for the Applicatio:p with accompanying reports can not be achieved. ➢ The absence of a specific site plan that delineates the buffers and setbacks for the development as well as the location and height of lighting, etc., leaves a reasonable person to question the plan and whether it is in full adherence to all zoning requirements. ➢ The Planning Justification Report has not been peer reviewed. It contains unsubstantiated subjective responses to criteria expected in: 1. Provincial Policy Statement (2020), 2. Places to Grow: Growth Plan for the Greater Golden Horseshoe, 3. Regional Official Plan (2022), 4. City of Kitchener Official Plan (2019) and the 5. City of Kitchener Zoning By-law (2019-051) This 9" X 6" post card invitation to a neighbourhood meeting has been a frustrating exercise. Links on the internet send the public to a site that has 191 Applications. One is then referred to 4 document links as follows: • Engagement Neighbourhood Notice and Postcard I page • Environmental Impact Study 187 • Geotechnical Report 80 pages • Planning Justification Report 40 pages Important Information Unavailable to the General Public. • No application to the Region of Waterloo (the upper tier municipality) re. an amendment to the ROP (2022). • No specific site plan that delineates the buffers and setbacks • No traffic Study for Wilson Ave. between the intersection of Wabanaki Dr. and the cul-de-sac (parking area) near 1094 Wilson Ave. Page 277 of 295 * No studies re. parking of visitors to Homer Watson Park along Wilson Ave. at the subject site. * No consideration for the widening of Wilson Ave. into the ESPA 31 (Homer Watson Park). * No real consideration of lighting for the proposal as it affects the Natural Heritage area and the close residential property. o No consideration of any method of handling and removal of snow. Rationale for the City of the Kitchener to deny the Application 1. Parking History at 1036 Wilson Ave., Kitchener • Colt Canada and/or previous owners removed berms and landscaping at the manufacturing site at 1036 Wilson Ave. to allow expansion of the original building. This was permitted by the City. * Other expansions took place with permission from the City. This has resulted in serious reduction of the original parking spaces. +� Colt Canada has further reduced parking spaces at 1036 Wilson Ave. by having a space reserved for a static security vehicle, a static company truck and several bins. + Limitation of parking has resulted in regular illegal parking by employees on a right -of way adjacent to the Colt Canada property. 2. Application for Official Plan and Zoning Amendments * After many years of having the Region and City labeling the properties at: 1016A, ! 016B, 1016 D, 1082 and 1094 Wilson Ave., as Open Space, The Region and City, after site visits by staff of the Region, City and the GRCA, and during the comprehensive review of the zoning bylaw (CRoZBy), the City properly placed the appropriate zoning for the land use, i.e. Low Rise Residential. Serious proper planning would not contemplate or permit amendments within months (March 21, 2022). It is an insult to the word `planning' and the phrase `sound planning principles'. The application ignores the purpose, intention, and words of Section 5.2 of Zoning By -Law 2019-051. a) "Parking spaces and bicycle parking stalls shall be provided and maintained for each use located on a lot and shall be located on the same lot as the use(s) requiring the parking spaces and bicycle parking stalls. Land used for a hydro corridor on the same lot as the use(s) requiring the Page 278 of 295 parking spaces and bicycle parking stalls may be used for required parking spaces and bicycle parking stalls. b) Despite Subsection a), parking spaces, other than barrier -free accessible parking spaces, electric vehicle parking spaces, or visitor parking spaces may be located on another lot within 400 metres of the lot containing the use requiring the parking spaces. These parking spaces shall not be located on a lot within a residential zone, or OSR, NHC, or EUF zone unless it is within the same zone as the use requiring the parking spaces. " 3. The City Official Plan (2022) states: 3.2.7. To maintain the stability of Community Areas for residential purposes and related community infrastructure. Response: There has been a small residential community on Wilson Ave. for many decades. I have resided here for 50 years. Demolition of 2 homes is not maintaining this unique community. 3.C.2.2. The City will generally not support changes in land use designation and zoning within Urban Structure Components that could reduce the planned density and/or compromise the planned function or intended built form of Intensification Areas unless the City is satisfied that the change in land use designation and/or zoning will achieve other goals and objectives of this Plan. Response: The change in land use will not achieve the desired purpose of the Application. 3.C.2.6. The City will only consider expansions to Intensification Areas identified on Map 2 as follows: iv) the expansion to accommodate the additional lands is compatible with adjacent properties and the surrounding area. Response: The proposed intensification is not compatible with the surrounding Natural Heritage areas nor with the Low-rise Residential community. 4.1.5. To encourage and support the retention and rehabilitation of older housing or the reconstruction of existing housing to maintain the housing stock and the stability and community character of established residential neighbourhoods. Response: Demolition of scarce housing is not maintaining the housing stock and the stability and community character of an established residential neighbourhood existing for many decades. Page 279 of 295 4.C.1.11. A demolition control application will be required for any requests to remove residential dwelling units from the housing supply in accordance with the Demolition Control Policies in Section 17.E.25. Response: No demolition control application is apparent. 6.C.2.22. On lands zoned to recognize an existing use, a change in use may be permitted through a Zoning By-law Amendment provided: a) that the subsequent use is compatible with surrounding land use; Response: The zoning By-law Application must be denied since the subsequent use is incompatible with surrounding land use. i.e. Natural Heritage and Low-rise residential. 7.C.2.15. Where lands contain two or more features of the Natural Heritage System, the more restrictive policies in this Plan pertaining to those features will apply in the event of any conflict'. Response: There are. 3 Natural Features: Petrifying Springs ESPA, Homer Watson ESPA and the World Heritage Grand River. The more restrictive policy must apply. Deny the applications. 7.C.2.18, All proposals for development, redevelopment or site alteration within, or adjacent to, any features included as part of the Landscape Level System or Core Environmental Features outlined in Policy 7.C.2.17 will be reviewed in accordance with the Regional Official Plan. Response: No review has been presented re. the Regional Official Plan. 7.C.2.58. Notwithstanding Policy 7.C.2.57, where feasible, the City will consider acquiring land to protect and improve the Natural Heritage System. Response: The subject land is surrounded by Natural Heritage designation. This is an opportunity to acquire significant properties to extend, protect and improve this Natural Heritage system. 7.C.2.59. Any decision considered by the City for any development application with respect to land on or within adjacent lands of a natural heritage feature will be made in consultation with the appropriate authorities, in accordance with the policies of this Plan, using the best available information at that time. Response: The Reports submitted are replete with subjective comments and opinions without the benefit of peer review. 7.C.4.4. Development applications will be required to demonstrate to the satisfaction of the City, through the completion of a Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies in Section 17.E.10, that the proposal meets the 5 Page 280 of 295 sustainable development policies of the Plan and that sustainable development design standards are achieved. Response: The Official Plan is new (2022) and took years to develop. Its relevance is indisputable. The applications do not meet the sustainable development policies of the Plan and sustainable development design standards. 17.E.2.16. The City will consider applications for site-specific amendments to this Plan within the context of the policies and criteria set out throughout this Plan. The owner/applicant of an Official Plan Amendment may be required to submit satisfactory reports to demonstrate the rationale for the amendment and to evaluate and address such matters, including but not limited to the: a) conformity with Provincial and Regional policies and plans; b) conformity to the vision, goals, objectives and policies of this Plan; c) need for the proposed use; d) suitability of the lands for the proposed use; e) land use compatibility with the existing and future uses of surrounding lands; f) adequacy of infrastructure and community infrastructure to support the proposed use; and, g) precedents which may be established by the approval of the amendment. Response: No site-specific plan has been submitted and the application does not demonstrate the rationale for the amendment and to evaluate and address such matters, including but not limited to the: a) conformity with Provincial and Regional policies and plans; b) conformity to the vision, goals, objectives and policies of this Plan; c) need for the proposed use; (employment) d) suitability of the lands for the proposed use; e) land use compatibility with the existing and future uses of surrounding lands (Natural Heritage); f) adequacy of infrastructure and community infrastructure to support the proposed use; and, g) precedents which may be established by the approval of the amendment. (Demolition of structurally sound houses) 17.E.10.5. The City may require, as part of a complete application, a site plan, elevation drawings, 3D model, shadow study, angular plane analysis, urban design brief and/or urban design report and any other appropriate plans and/or studies in accordance with the Urban Design Policies in Section 11, to: a) demonstrate that a proposed development or redevelopment is compatible; b) address the relationship to and the privacy of adjacent residential development; and, c) ensure compatibility with the existing built form and the physical character of the established area and/or neighbourhood. b Page 281 of 295 Response: No site plan exists to satisfy the requirements of a), b), or c). 17.E.10.8. The City may conduct a peer review of any part of the submission or other information and materials submitted where necessary to determine whether the quality of the submission is satisfactory. Such peer review will be completed by an appropriate agency or professional consultant retained by the City at the owner/applicant's expense. Response: This is a prime example where a peer review is required of the sub'ective reports developed in the _interests of the proponent. 17.E.10.9. Additional information or reports may be required as part of the complete application in addition to the other information and materials listed in Schedule B: Other Information and Materials, where circumstances necessitate the need for such information in the decision- making process. Response: See other responses. 17.E.22.10.The City may require owners/applicants to fulfill conditions of site plan approval and enter into an agreement with the City relating to said conditions where there is construction of one or more buildings or structures, where the size of a building is to be substantially increased, where the intensity of a use is to increase, where there is the development of a parking lot, and/or in other circumstances deemed appropriate by the City pursuant to the provisions of the Planning Act. Response: A Site Plan must be required to ensure that all Zoning requirements are met without exception and that the application is in full compliance with the Planning Act. 17.E.11.2. The completion of an Environmental Impact Study or alternative environmental study does not guarantee that the proposed development, redevelopment or site alteration will be approved. Proposed development, redevelopment or site alteration will not be approved where it is in conflict with the other policies of this Plan; Response: The proposed development is in conflict with many policies of the Plan. See responses above. 17.E.25.1. The City may prepare, enact and enforce a Demolition Control By-law in accordance with the provisions of the Planning Act, to prevent the premature demolition of residential buildings within designated areas of the City. Response: The City must protect the 2 residential houses within the appropriately zoned Low-rise Residential zoning. The Cite recognized the need to chane the land use and zoning during the 7 Page 282 of 295 ri orous CRoZBY Drocess to recognize the need to maintain PO perties as residential. The Region endorsed this in the ROP. 17.E.25.3. The City will consider the following when reviewing demolition control applications: e) consultation with the neighbourhood where appropriate; and, f) any other site specific issues. Response: No consultation has taken place with neighbours, 17.E.26.1. The City may enact and enforce a Site Alteration By-law in accordance with the Municipal Act, to regulate the placement or removal of fill, or alteration of land that may disrupt natural vegetation and/or drainage. Response: Reference to this section is absent from all reports. 17.E.26.2. Should site alteration be undertaken without the approval of the City prior to a development application being submitted, the City may refuse to process the application until the site has been rehabilitated to the satisfaction of the City. 17.E,26.3. The City will encourage development and construction practices that minimize the levels of soil erosion and siltation. Response: In the absence of a specific site plan and any reference to the treatment of snow removal, the application should be denied. 4. Demolition of Residential Dwellings in a Low -Rise Residential Zone # In a time of a massive housing deficiency and where the province and the City is cutting ribbons and amending zoning by-laws to permit housing development, any reasonable person must conclude that "sound planning principles" becomes an oxymoron with respect to this application. 5. Failure to Conform with Provincial Legislation The City must dismiss the application on the basis of provincial legislation e.g. Provincial Policy Statement, 2020. • 1.2.6 Land Use Compatibility 1.2.6.2 Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative 8 Page 283 of 295 locations for the proposed use have been evaluated and there are no reasonable alternative locations; c) adverse effects to the proposed sensitive land use are minimized and mitigated. No alternative locations for the proposed use have been presented or evaluated. • 2.1 Natural Heritage 2. 1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area, and the long- term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Contrary to assertions in the biased Planning Justification Report, the subject properties are surrounded by Natural Heritage lands. 6. Expansion of the manufacturing facility Colt Canada at 1036 Wilson Ave. • The parking area was adequate for the original footprint of the structure at Colt Canada at 1036 Wilson Ave. and was adequate for the best part of 50 years. • The need for further manufacturing building capacity should take place on a different properly zoned site and thus maintain the parking space needs. Historically the company contemplated or had other sites to meet the manufacturing requirements thus recognizing that from time to time their employment needs varied in extremes along with the needs for parking for employees. This extreme exists in July, 2024. 7. Proposed New Parking at 1082 and 1094 Wilson Ave. • The notice of development depicts a tiny insert "Concept Drawing" 5.5 cm. X 5 cm. The parking spaces abut the Natural Heritage zoning with no set back. • This placement to the very lip of the very steep bank of the `World Heritage' Grand River does not provide mitigation from erosion or for destruction to the vascular plants during weather events let alone snow removal. This is of particular concern since the City does not exercise due diligence in managing the fencing and ongoing erosion at the lookout at Homer Watson Park that is within metres of the subject property. • It is of concern that the development proposes to pave over existing septic bed systems, lawns, etc. with impermeable material within metres of an Environmental Sensitive Policy Area (3 1) permanently changing the existing sources of water and moisture. 9 Page 284 of 295 • Existing topography on the properties is not level. Any changes will impact adversely the adjacent Natural Heritage areas. • There is an absence of consideration of any method of handling snow. A reasonable person could surmise that it will be plowed over the steep bank toward the Grand River or across Wilson Ave. into the Natural Heritage Areas. 8. Traffic on Wilson Ave. between 1016 Wilson Ave. and the Parking Lot at the Cul de Sac in Homer Watson Park • During Covid times and since, Homer Watson Park, Huron Natural Area, etc., have witnessed an unprecedented use. Insufficient parking has required visitors to park on Wilson Ave. extending from the cul-de-sac up the hill to 1036 Wilson Ave. I see no acknowledgement of this issue. Any widening of Wilson Ave. between 1036 Wilson and the frontage of 1094 would have irreparable repercussions on the existing Natural Heritage area. 9. Lighting at proposed new parking lot and on/in glass three-storey enclosed stairway and pedestrian bridge at 1082 and 1094 along Wilson Ave. The Planning Justification Report states: • "All exterior lighting to be directed away from the edge of the natural feature and only as bright as necessary;" • "Windows that do not have overhangs or do not have setbacks should have small decals or dots less than 2 inches apart to prevent avian window collisions." The current properties are quiet with large unlit areas suitable to the surrounding Natural Heritage areas. The proposed development is incompatible with the surrounding Natural Heritage areas and to the nearby residential property. 1O.Planning Justification Report • The mapping on page 8 is incomplete and misleading. While it recognizes and labels Low Density Residential within 800 metres of the subject properties, it does not recognize or label Low Density Residential within 400 metres of the subject properties. 10 Page 285 of 295 11. Concern for protection of rare native trees and shrubs on or adjacent to the properties. • Swamp Chestnut Oak • Witch Hazel (Hamamelis spp) • Various species of elm and beech Respectfully submitted, Neil E. Taylor C.c. Interested Parties. Page 286 of 295 Tim Seyler From: Jim McDowell Sent: Wednesday, July 10, 2024 9:41 PM To: Tim Seyler; 'Neil Taylor' Subject: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS You don't often get email fro n why thEr. is Ern ort@nt Good day, Tim, I attempted to connect via Zoom Wednesday evening several times. It seems to me that the person admitting participants may not have noticed me a few minutes into the meeting. I use Zoom all the time with no trouble. However, I did the next best thing - the phone connection - and heard the bulk of the meeting. Unfortunately phone particpants remained muted and could not speak, which is what I had planned to do. However, I am glad that you are receiving further input into the decision process and appreciated the moderation of the meeting. First off, I should acknowledge to you that a good part of my heritage is Mennonite from the earliest settlements in Niagara, Waterloo and Markham, and I'm quite aware of Colt's business! However, it is important to be fair, and I do subscribe to "just war" ideology with strong concerns for peace -making. Now about the Colt expansion. I appreciate the industrial and technological acumen of Waterloo region and know so many people who have contributed to that. Colt certainly should be able to expand and that will require the present parking lot unless they were to find a whole new building to become a viable option. It sounds as if they've considered it and I hope they will continue to explore that. Perhaps the city's decision will point them in that direction. My main point, Tim, is that I believe the day of single level carparks is essentially past. Could the city/region encourage Bell and Colt to co-operatively build a multilevel parkade on the Bell lot? Access to the new building would be very easy - across Taylor lane. Or could Bell be persuaded to relocate to a new space to allow for a Colt parkade? Failing that option, could the city/region encourage a multilevel parkade on a much smaller portion of the area being considered for paved single level parking. It would perhaps come up to the level of the factory, making a much more convenient entry path for employees and very easy driving access, descending down and going up from the Taylor lane level. Perhaps an elevator could be installed. The chief value of this would be the much smaller footprint onto the natural/residential area, and the possibility of sale of the recently vacated houses to owner -occupants. There are many things I'm not up to speed on, but I do believe the city/region has an opportunity to make a statement and perhaps a policy here about single level parking lots on our precious space, particularly space in heritage areas and downtown. I see much value in some civic leadership on this particular application. Page 287 of 295 Finally I will conclude with this. As you know, we had extensive rainfall today (hurricane's gift to S. Ontario). At 5:45 tonight I drove down Taylor lane into Taylor woods and once past the parking lots on either side of the lane, the idyllic atmosphere where the residences are was enchanting. It was nature at its best as the rain gently fell. As Shakespeare said, "all the glisters is not gold." I wanted to be able to speak that into the meeting tonight, but Zoom did not permit. As you likely know, I am a friend of Neil Taylor and share his love of the natural heritage. Neil has done far more than I in conservation efforts and I respect his multifaceted involvements, including his presentation tonight. He knows much more than I about details. But my over -arching broad strokes may have some value; so, with respect, I wish to speak through you into the application proceedings. To you, and all decision makers dealing with this, I say, do your best for the city and its children and their's, please. Thank you, Jim McDowell Kitchener Sent from Outlook From: Tim Seyler <Tim.Seyler@kitchener.ca> Sent: June 4, 2024 3:08 PM To: 'Neil Taylor' ; Jim McDowell Subject: RE: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS Hi Neil and Jim, Thank you for your comments. At this time no decision has been made on the application, and all the comments received during the commenting period will be taken into consideration. I have added your emails to my email list to receive further information, and you can also get up to date information on the City's website. Let me know if you would require any more information. https://experience.arcgis.com/experience/bb2db3e6lbd043209clfl6dl6a3cedOc/page/Current- Applications/#data s=id%3AdataSource 10 -Planning Applications Active 5584%3A112 To answer your questions, the 2 residential dwellings that are currently on the properties are proposed to be removed. They have been vacant for some time now. The properties are proposed to be used for parking, as the existing building on 1036 Wilson is proposed to be expanding and constructing within the current parking area, the parking is then being relocated to this location. Should the application be approved and move forward, a storm water management brief will be required as part of a complete site plan application and our engineering staff will ensure that stormwater will be handled correctly. Further to Jim's question, this is not near Bleams Rd. as the closest intersection that Bleams intersects is the roundabout at Manitou Dr.. This is a fair distance from that. If you have further questions, please let me know. Thanks, Page 288 of 295 Tim Se ler From: Neil Taylor Sent: Thursday, July 11, 2024 9:21 AM To: Tim Seyler Subject: Zoom Meeting Good morning Tim Could you provide me a copy of the presentations made last night? I was unable to see the various people in attendance at the Zoom meeting. That is the first time I have experienced that. Accordingly could you provide me with the list with their contact information as soon as possible? Respectfully requested, Neil (E. Taylor) https://www.fightforfarmland.com/ https://images.squarespace-cdn.com/content/v1/65fca845277db5669ac677f7/643bled8-15d7-4d90-8a96- b21f36371a20/Fight+For+Farmland+Logo+Transparent+two+tonwshorizontal.png?format=1500w https://www.facebook.com "Adopt the pace of nature: her secret is patience." - Ralph Waldo Emerson (1803-1882) "The richness I achieve comes from nature, the source of my inspiration." - Claude Monet "In the end, we conserve only what we love, we will love only what we understand and we will understand only what we are taught." -- Baba Dioum Page 289 of 295 NFAL E. TAYLOI; UrCHENE13, ON July 12, 2024 Attention: Tim Seyler, Senior Planner, City of Kitchener, Please distribute to the Mayor and Council: Re: Application Number: ZBA24/011/W/TS Application Type: Zoning By -Law Amendment Application Summary: Cross-reference: OPA24/006/W/TS - 1082 &1094 Wilson Ave. And Planning Justification Report GSP Group (Report) And Provincial Policy Statement, 2020 And Places to Grow: Growth Plan for the Greater Golden Horseshoe As I have said before, this application is not for a simple "proposed development". Staff recognized already before the neighborhood meeting on zoom that concerns had been raised about house demolition, lighting on the subject properties, effects on the surrounding Natural Heritage Areas, traffic on Wilson Avenue adjacent to the properties and failure to conceive of a method of snow removal on the proposed new parking area at 1082 and 1094 Wilson Avenue. None of these issues were addressed in the meeting. ➢ I submit that the failure of the notice and posted sign with its incomplete information did not inform the public in a transparent manner. Witness the lack of public participation in spite of the often flaunted invitation to the public to "ENGAGE'. I reiterate that the information on the postcard and on the identical posted sign at the subject property is incomplete and misleading. There is no real indication to the public of the intent to demolish 2 well -constructed habitable houses and a third structure. I Page 290 of 295 ➢ The postcard boldly states with accompanying icons that the purpose is "Employment Use" and "Relocation of Parking". The report states that Colt currently has 149 employees. I did not hear at the public meeting any suggestion that the employment number will increase if the Application is successful. The purpose for the Application with accom an in reports can not be achieved. ➢ That a specific site plan that delineates the buffers and setbacks for the development as well as the location and height of lighting, etc., is still unavailable leaves a reasonable person to question the plan and whether it is in full adherence to all zoning requirements. This site plan should include the setbacks at the proposed additions at 1064 Wilson Avenue. ➢ The Planning Justification Report has not been peer reviewed. It contains unsubstantiated subjective responses to criteria. At the zoom meeting, it was suggested that various agencies and stakeholders had reviewed all the reports. That is not even close to the standard expected in a true Peer Review. Important Information still not answered or provided: • No application to the Region of Waterloo (the upper tier municipality) re. an amendment to the ROP (2022). • No specific site plan that delineates the buffers and setbacks • No traffic Study for Wilson Ave. between the intersection of Wabanaki Dr. and the cul-de-sac (parking area) near 1094 Wilson Ave. • No studies re. parking of visitors to Homer Watson Park along Wilson Ave. at the subject site. • No consideration for the widening of Wilson Ave. into the ESPA 31 (Homer Watson Park). No real consideration of lighting for the proposal as it affects the Natural Heritage area and the close residential property. + No consideration of any method of handling and removal of snow. Please reply to each and every rationale for the City of the Kitchener to deny the Application as outlined in my July 4th letter to the city. Concerning no application for amendment to the regional official plan Official Plan, no official from the region was present at the public information meeting to respond. Page 291 of 295 No consultation has taken place with neighbours at any time during the studies or during the concept design. Re. Proposed New Parking at 1082 and 1094 Wilson Ave., the representative from Colt and city staff did not respond to the suggestion that there is more appropriate parking available at the northeast corner of Wabanaki and Wilson Avenue. 1. Traffic on Wilson Ave. between 1016 Wilson Ave. and the Parking Lot at the Cul de Sac in Homer Watson Park The current properties are quiet with large unlit areas suitable to the surrounding Natural Heritage areas. The proposed development is incompatible with the surrounding Natural Heritage areas and to the nearby residential property. Re. Planning Justification Report there seems to have been a determined denial of recognizing existing low-level residential homes adjacent to the subject property. This is evident in mapping that fails to label Low Density Residential within 400 metres of the subject properties. One property is within 50 m of the subject properties. Respectfully submitted, Neil E. Taylor C.c. Interested Parties. Page 292 of 295 Tim Se ler From: David Alton they -them < Sent: Thursday, July 18, 2024 10:22 AM To: Garett Stevenson Cc: Natalie Goss; Tim Seyler; Debbie Chapman Subject: Re: Back from sick leave You don't often get email from I rlHrn this is important Hi Garett, Thank you for the insights. From what I am hearing from you is that because it is a currently operating use, I would need to get the federal government to remove their license to cease operations. And then to have zoning exclude future weapons manufacturing facilities, I would need to find sufficient planning rationale, either through arguing an interpretation of current policy or through lobbying the province to update policy in ways that more explicitly prohibit this land use. My next question I think is for the licensing team. Can we create a licensing process for manufacturers that would add stipulatations to how weapons facilities operate? I am going to keep digging. I know this is an uphill battle, but might as well shake every tree :) I will see Tim at the August committee meetings :) David On Tue, Jul 16, 2024 at 6:02 PM Garett Stevenson <Garett.Stevenson kitchener.ca> wrote: Hi David, Councillor Chapman passed along your other email as well. Tim Seyler is currently processing an Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) application to allow for a new parking area and expansion of the existing facility. The details of the application can be found here - https:Happ2.kitchener.ca/AppDocs/0penData/AMANDADataSets/Supportinq Documents List 714348.pdf The OPA is seeking a land use change from Low Rise Residential to General Industrial Employment. This would allow for a parking lot in the area currently cleared of trees. The zoning will allow for parking and the expansion. Page 293 of 295 The proposal is to relocate the existing parking lot further down Wilson Avenue and add an addition to the existing facility at 1036 Wilson Ave. No development will be permitted within lands designated Natural Heritage. City, Regional and GRCA staff are reviewing further materials including an Environmental Impact Study. Two residential dwellings are proposed to be demolished that are currently vacant. The applications are being reviewed from a land use planning perspective. While I appreciate the political nature and sensitivity of the use (weapons manufacturing), especially given current global conflicts, there is no land use planning rationale to support a prohibition of this particular manufacturing use. Further, firearms in Canada are regulated by the federal government and any manufacturing of weapons requires a federal license from the Chief Firearms Officer. Even if the City did attempt to prohibit this use through the Zoning By- law, the existing operation would be legal non -conforming and could continue and could be expanded in accordance with the Planning Act. The OPA and ZBA applications are scheduled for the Planning and Strategic Initiatives Committee meeting on August 12 and Council on August 26. Please let me know if you would like to discuss further. Thanks, Garett Stevenson (he/him), BES, RPP, MCIP Director, Development and Housing Approvals Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-9994 1 garett.stevenson(cDkitchener.ca 600000000 From: David Alton they -them Sent: Tuesday, July 16, 2024 12:29 PM To: Garett Stevenson <Garett.Stevenson@kitchener.ca>; Natalie Goss <Natalie.Goss@kitchener.ca> Subject: Back from sick leave Hi Garett and Natalie, Page 294 of 295 I am off my sick leave finally! Let me know when you want to connect next about LEWG. In the meantime I hope you will let me do a bit of advocacy. I saw that the Colt factory is seeking an expansion. Can you keep me posted on public meetings for that process so I can disrupt it. Furthermore, I have been talking to councilors about the need to restrict arms manufacturing in the city. Debbie connected me to Steve in bylaw who says their is nothing on the books, yet. I think there are bylaws possible as plenty of municipalities have bylaws against arcades and similar'morally depraved' (lol) businesses. Steve also pointed me to yall as zoning could have weapons manufacturing as a restricted use. I know its probably going to take several years to implement such zoning or a bylaw. But can you help point me in the right direction so I can direct my mennonite pacifist army of advocates in the right direction? -David Page 295 of 295