HomeMy WebLinkAboutCouncil Agenda - 2024-08-26Council Meeting Agenda
Monday, August 26, 2024, 7:00 p.m.
Electronic Meeting
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Pages
1. COMMENCEMENT
The meeting will begin with a Land Acknowledgement given by the Mayor and
the singing of "O Canada."
1.1 Live Stream Link
For direct access to the meeting livestream, please visit the following
link: https://youtube.com/live/uY37goU6QwO?feature=share
2. MINUTES FOR APPROVAL
Minutes to be accepted as circulated to the Mayor and Councillors (regular
meeting held June 24, 2024, and special meetings held June 24, July 15 and
August 12, 2024) - Councillor J. Deneault.
3. 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.
4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request under Policy MUN-FAC-442
4.1.a Canadian Polish Congress Kitchener District - May 2 - 9, 2025
5. PRESENTATIONS
6. 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. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 5:00 p.m. on August 26, 2024, in order to participate electronically.
6.1 Official Plan Amendment Application OPA24/006/W/TS, Zoning By-law
Amendment Application ZBA24/011/W/TS, 1036, 1082 and 1094 Wilson
Avenue, Colt Canada Corporation, DSD -2024-329, listed as item 7.3.h.
6.1.a Kristen Barisdale, GSP Group.
6.2 Sustainable Staff Report
6.2.a Kyra Chisholm, ClimateActionWR
6.2.b Bridget Lewis, Waterloo Region Climate Collaborative
6.2.c Kai Reimer -Watts, the People's Climate Foundation
6.2.d Kim Charlesworth
7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - AUGUST 6, 2024
7.1.a Notice of Intention to Demolish Smokehouse - 1478 Trussler Road,
DSD -2024-343
That, in accordance with Section 27(3) of the Ontario Heritage Act,
the Notice of Intention to Demolish received on June 28, 2024,
regarding the intent to demolish the smoke house located on the
property municipally addressed as 1478 Trussler Road, be received
for information and that the notice period run its course, as outlined in
Development Services Department report, DSD -2024-343
7.1.b Heritage Permit Application HPA-2024-V-014, 103 Lorne Crescent,
Demolish Detached One Car -Garage and Construction of New Shed,
DSD -2024-345
That pursuant to Section 42 of the Ontario Heritage Act, Heritage
Permit Application HPA-2024-V-014 be approved to permit the
Page 2 of 52
demolition of a detached one car -garage and construction of a new
shed on the property municipally addressed as 103 Lorne Crescent, in
accordance with the supplementary information submitted with the
application, as outlined in Development Services Department report,
DSD, 2024-345.
7.1.c Notice of Intention to Designate, 113-151 Charles Street West (Lang
Site A), DSD -2024-335
"That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 113-151 Charles Street West / 170-180
Joseph Street / 3-44 Francis Street South as being of cultural heritage
value or interest, as outlined in Development Services Department
report, DSD -2024-335"
7.1.d Notice of Intention to Designate, 148 Madison Avenue South, DSD -
2024 -340
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 148 Madison Avenue South as being of
cultural heritage value or interest, as outlined in Development
Services Department report, DSD -2024-340.
7.1.e Notice of Intention to Designate, 171-173 Victoria Street North, DSD -
2024 -339
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 171-173 Victoria Street North as being of
cultural heritage value or interest, , as outlined in Development
Services Department report, DSD -2024-339.
7.1.f Notice of Intention to Designate, 1738 Trussler Road, DSD -2024-341
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 1738 Trussler Road as being of cultural
heritage value or interest, , as outlined in Development Services
Department report, DSD -2024-341.
7.1.g Notice of Intention to Designate, 709 King Street West, DSD -2024-
330
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 709 King Street West as being of cultural
heritage value or interest, as outlined in Development Services
Page 3 of 52
Department report, DSD -2024-330.
7.1.h Notice of Intention to Designate, 83-85 King Street West, DSD -2024-
336
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 83-85 King Street West as being of cultural
heritage value or interest, as outlined in Development Services
Department report, DSD -2024-336.
7.1.i Notice of Intention to Designate, 87-91 King Street West, DSD -2024-
337
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 87-91 King Street West as being of cultural
heritage value or interest, as outlined in Development Services
Department report, DSD -2024-337.
7.1.j Notice of Intention to Designate, 97-99 King Street West, DSD -2024-
338
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 97-99 King Street West as being of cultural
heritage value or interest, as outlined in Development Services
Department report, DSD -2024-338.
7.1.k Notice of Intention to Designate, 103-109 King Street West, DSD -
2024 -331
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 103-109 King Street West as being of
cultural heritage value or interest, as outlined in Development
Services Department report, DSD -2024-331.
7.1.1 Heritage Permit Application HPA-2024-V-015, 99 College Street,
Construct a Rear -Yard Addition, DSD -2024-324,
That pursuant to Section 42 of the Ontario Heritage Act, Heritage
Permit Application HPA-2024-V-015 be approved to construct a rear -
yard addition on the property municipally addressed as 99 College
Street, in accordance with the supporting information submitted with
this application, as outlined in Development Services Department
report, DSD -2024-324.
7.1.m Proposed Update to the Heritage Grant Program 2024, DSD -2024 -
Page 4 of 52
K9y
That staff be directed to finalize the draft revised Designated Heritage
Grant Program and associated guidelines, attached as Appendix B to
Development Services Department report, DSD -2024-332; and
That staff be directed to finalize changes to the Designated Heritage
Grant Program and associated guidelines with Kitchener City Council
as part of the 2025 Budget.
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - AUGUST 12,
2024
7.2.a Uncollectable Miscellaneous Receivable Accounts Write -Off June
2024, FIN -2024-312
That uncollectable miscellaneous receivable accounts amounting to
$13,531 be written off against the Allowance for Doubtful Receivables,
as outlined in Financial Services Department report FIN -2024-312.
7.2.b Uncollectable Utility Write -Off June 2024, FIN -2024-295
That uncollectable utility accounts amounting to $70,384 be written off
against the allowance for doubtful utility receivables, as outlined in
Financial Services Department report FIN -2024-295.
7.2.c Noise Exemption - Holy Trinity Serbian Church - 700 Fischer Hallman
Road - August 31 - September 1, 2024, CSD -2024-296
That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to the Holy Trinity Serbian Orthodox
Church at 700 Fischer Hallman Road, for their annual Barbeque and
Bull Roast to be held on August 31 — September 1, 2024 between the
hours of 1lam and 10pm, as outlined in Community Services
Department report CSD -2024-296.
7.2.d Parking Management Renewal Agreements, DSD -2024-323
That the Mayor and Clerk be authorized to execute a ten (10) year
extension agreement with the Waterloo Region District School Board
to operate public parking at 787 King Street West subject to the
satisfaction of the City Solicitor, as outlined in Development Services
Department report DSD -2024-323; and,
That the Mayor and Clerk be authorized to execute a ten (10) year
extension agreement with the Waterloo Region District School Board
to operate public parking at 828 King Street West subject to the
satisfaction of the City Solicitor; and,
That the Mayor and Clerk be authorized to execute an extension
Page 5 of 52
agreement with the Waterloo Region District School Board to provide
semester and daily permits for students and staff at 787 King Street
West subject to the satisfaction of the City Solicitor; and further,
7.2.e Lodging House By-law, COR -2024-344
That the Lodging House By-law be approved in the form shown
attached to Corporate Services Department report COR -2024-344 as
Appendix "A"; and,
That the fees set out in Appendix "B" of staff report COR -2024-344 be
approved; and further,
That the request for two (2) Full Time Equivalents (FTEs) to support
the administration, inspection, and enforcement of the Lodging House
By-law be approved as part of the 2025 Budget.
7.2.f Property Tax Exemption for Affordable Housing, FIN -2024-299
"That Council support participation in the Region of Waterloo's
property tax exemption program, as outlined in Financial Services
Department report FIN -2024-299, by providing a property tax
exemption for the City's portion of the levy to non-profit and co-
operative affordable housing service providers for a period of 20 years
starting in 2025; and,
That staff report back to council following the first full year of
implementation of the program to assess:
• The outcomes of the exemption in the first year of the
program.
• The potential tax shifts/increases an exemption may create
for other tax -paying properties.
• The level of interest from for-profit developers for this
affordable housing incentive and potential to include them in
the program.
• The appropriate duration of a property tax exemption program
and potential sunset provisions; and further,
That the draft by-law attached to report FIN -2024-299 as Appendix
"A", as amended, allowing the City of Kitchener to participate in the
Region of Waterloo Property Tax Exemption for affordable housing
program as it relates to non-profit and co-operative affordable housing
providers, be approved."
7.2.g Stanley Park Neighbourhood Association Partnership Agreement,
CSD -2024-260
Page 6 of 52
That the 3 -year Partnership Agreement, between the Stanley Park
Community Association (SPCA) and the City of Kitchener, as attached
to Community Services Department report CSD -2024-260 be
approved; and,
That the Deputy Chief Administrative Officer and General Manager of
Community Services be authorized to execute said agreement, to the
satisfaction of the City Solicitor; and further,
That the Deputy Chief Administrative Officer and General Manager of
Community Services be authorized to execute any future renewals to
this agreement, to the satisfaction of the City Solicitor.
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -AUGUST
12, 2024
7.3.a Private Street Naming, 1000 New Dundee Road, DSD -2024-294
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, as outlined in Development Services
Department report, DSD -2024-294; 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".
7.3.b Draft Plan of Condominium Application (Vacant Land), 30CDM-24207, 16
1001 King Street East, King -Charles Properties Kitchener, DSD -2024-
318 and Addendum Report DSD -2024-379
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 outlined in Appendix `A" of Development
Services Department report, DSD -2024-318.
Note: An addendum report, Development Services Department report
DSD -2024-379 has been included on the agenda this date, related to
this matter.
7.3.c Private Street Naming, 2-56 Benninger Drive, DSD -2024-289
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, as outlined
Page 7 of 52
in Development Services Department report, DSD -2024-289; 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".
7.3.d Draft Plan of Condominium Application (Vacant Land), 30CDM-24209,
1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook
Drive, Deerfield Homes Ltd, DSD -2024-314
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 outlined in Attachment `A' of Development Services
Department report, DSD -2024-314.
7.3.e Draft Plan of Condominium Application (Vacant Land) 30CDM-24210, 32
15 Dellroy Avenue, 2296342 Ontario Inc., Savic Homes, DSD -2024-
328 and Addendum Report DSD -2024-379
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 outlined in Appendix `A' of Development Services
Department report, DSD -2024-328.
Note: An addendum report, Development Services Department report
DSD -2024-379 has been included on the agenda this date, related to
this matter.
7.3.f Draft Plan of Condominium Application (Vacant Land), 30CDM-24205,
455-509 Mill Street, Polocorp Inc., DSD -2024-257
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 outlined in Appendix `A' of Development Services
Department report, DSD -2024-257.
7.3.g Zoning By-law Amendment Application ZBA24/013/F/BB, 75 First
Avenue, Jason Dale, DSD -2024-342
That Zoning By-law Amendment Application ZBA24/013/F/BB
requesting to amend Zoning By-law 2019-051, for Jason Dale, 75
Page 8 of 52
First Avenue, be approved in the form shown in the `Proposed By-law'
and `Map No. 1' attached to Development Services Department
report, DSD -2024-342, as Attachment `A'.
7.3.h Official Plan Amendment Application OPA24/006/W/TS, Zoning By-
law Amendment Application ZBA24/011/W/TS, 1036, 1082 and 1094
Wilson Avenue, Colt Canada Corporation, DSD -2024-329
That Official Plan Amendment Application OPA24/006/W/TS for the
property municipally addressed as 1036, 1082 and 1094 Wilson
Avenue 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, and forwarded to the Region of
Waterloo for approval accordingly, in the form shown in the Official
Plan Amendment attached to Development Services Department
report, DSD -2024-329, as Appendix `A'; and further,
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'.
8. UNFINISHED BUSINESS
8.1 Notice of Motion - D. Chapman - Renoviction Legislation Request
Note: A Notice of Motion was brought forward by Councillor D.
Chapman at the June 24, 2024 Council meeting, which was deferred to
the Special Council meeting on August 12, 2024 and rescheduled for
the meeting this date; to allow additional time to confirm the preferred
direction. The Notice of Motion from Councillor D. Chapman related to
Renoviction Legislation has since been revised and is included on the
agenda for Council consideration this date.
Councillor D. Chapman has given notice to introduce the following
motion for consideration this date:
"WHEREAS the City of Kitchener adopted the resolution,
"`Renovictions' - Safe and Adequate Housing" on October 18,
2021, advocating to the Province of Ontario to take additional and
meaningful steps to address the ever-increasing problem of
Renovictions;
WHEREAS the City of Kitchener is taking meaningful steps to help
address the issue with the legislated tools available to
municipalities including adopting Inclusionary Zoning By-law and a
Page 9 of 52
Rental Replacement By-law;
THEREFORE IT BE RESOLVED that the City of Kitchener
supports the resolution adopted by the City of Toronto to urge the
Province of Ontario to proclaim and bring into force all regulations
pertaining to Bill 97, Helping Homebuyers, Protecting Tenants Act,
2023,
THEREFORE IT FURTHER BE RESOLVED that the City of
Kitchener supports the resolution adopted by the City of Toronto to
request to the Province of Ontario to amend the Residential
Tenancies Act, 2006, and/or related regulations to:
a. reintroduce vacancy control legislation which ties rents to
residential units rather than tenancies;
b. introduce rent control to cover units first occupied after
November 15, 2018;
c. require landlords of residential units to be responsible for
finding temporary accommodation or provide sufficient
relocation assistance for their tenants for the duration of the
renovations if tenants intend to return post -
repair/renovation;
d. require landlords to obtain a building permit before issuing
an N13 notice of termination, provide a copy of the
applicable permit to tenants together with any N13 notice of
termination, require evidence that the permit was delivered
with the N13 notice of termination as part of any L2
application to end a tenancy filed on that basis, and require
the approved permit be provided to the LTB as part of any L2
application to end a tenancy filed on the basis of an N13
notice of termination;
e. provide the same rights and compensation afforded to
tenants in buildings with five (5) or more units to those in
buildings with less than five (5) units;
f. increase the required compensation for tenants in no-fault
evictions;
g. remove ex parte eviction orders for breached repayment
agreements;
h. require landlords to attach a plain -language tenants' rights
information package to N13 eviction notices;
i. regulate N11s and buy-out agreements; and
j. amend Above Guideline Increase (AGI) rules to eliminate
the eligibility of capital expenditures that constitute general
repair and maintenance of the property; add a new
subsection requiring landlords to save 10 percent of rental
Page 10 of 52
income to be accessed for capital expenditures; and require
landlords to notify tenants of the decrease in advance of the
date when rent is required to be reduced as specified in an
order permitting an AGI related to eligible capital expenses;
THEREFORE BE IT FURTHER RESOLVED that the City of
Kitchener supports the resolution adopted by the City of Toronto to
urge to the province of Ontario to make the following operational
changes to the Landlord Tenant Tribunal (LTB):
a. allow tenants the right to in-person LTB hearings to
eliminate technological barriers for individuals who do not
have access to digital devices or reliable internet connection;
b. simplify LTB notices with plain language so they are easily
understood and ensure all forms include a tracking number
that is linked to a public registry; and
c. establish a provincial rental registry that tracks building
ownership, rental rates, AGIs and their expiry dates, and
LTB eviction filings and their outcomes; and monitor data on
N12 and N13 evictions.
THEREFORE BE IT FINALLY BE RESOLVED that a copy of this
motion be sent to the Association of Municipalities of Ontario, the
Premier of Ontario, the Ministry of Municipal Affairs and housing,
all other municipalities within Ontario, the Region of Waterloo and
other Municipalities for their consideration and possible
endorsement."
9. NEW BUSINESS
9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC
9.2 Notice of Motion - M. Johnston - Access to Kitchener Programs, Camps
& Inclusion Support Worker Program
Councillor M. Johnston has given notice to introduce the following
motion for consideration this date:
"WHEREAS the City of Kitchener has a history of providing
residents with access to a wide variety of programs offered at a
City -operated and taxpayer -funded facility (e.g. 14 community
centres, 8 pools), and;
WHEREAS in recent years City Council has added funding to the
tax -supported operating budget to increase the number of
programs available at City facilities (including additional low and
no cost programs), and;
Page 11 of 52
WHEREAS over the past twelve months more than 5,000 spots in
a program offered at a City of Kitchener facility were filled by
someone living outside of Kitchener, and;
WHEREAS out-of-town registrations account for more than 10% of
the available program spots at some Kitchener community centres
(e.g. Kingsdale, Victoria Hills, Rockway, Downtown, Bridgeport),
and;
WHEREAS in the summer of 2024, 250 spots in City of Kitchener
day camps were filled by people who live outside of Kitchener
while an average of 280 Kitchener youth remained on a waitlist to
access the City's summer day camps every week, and;
WHEREAS over the past twelve months 34 people living in
Kitchener remained on a waitlist and were unable to access the
City's inclusion support worker program while 85 people living
outside of Kitchener were able to access that program, which is
funded by Kitchener taxpayers;
THEREFORE BE IT RESOLVED that Kitchener residents be
provided the opportunity to register for programs offered at a City -
operated and taxpayer -funded facility, as well as all City of
Kitchener day camps and the City's inclusion support worker
program, seven days prior to opening registration to participants
who live outside the City."
10. QUESTIONS AND ANSWERS
11. BY-LAWS
11.1 1ST AND 2ND READING
11.1.a Being a by-law to exempt certain lots from Part Lot Control — Blocks
1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Registered Plan 58M-671 - Wild
Chicory Street, Jacob Detweiller Drive and Winter Wren Crescent.
11.1.b Being a by-law to designate the property municipally addressed as
11-15 Pandora Avenue North, in the City of Kitchener as being of
historic and cultural heritage value or interest.
11.1.c Being a by-law to designate the property municipally addressed as
87 Scott Street and 82 Weber Street East, in the City of Kitchener as
being of historic and cultural heritage value or interest.
11.1.d Being a by-law to designate the property municipally addressed as
131 Victoria Street South, in the City of Kitchener as being of historic
and cultural heritage value or interest.
11.1.e To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
Page 12 of 52
12.
13.
14
11.1.f Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
11.1.g To further amend By-law No. 2008-117, being a by-law to authorize
certain on -street and off-street parking of vehicles for use by persons
with a disability, and the issuing of permits in respect thereof.
11.1.h To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
11.1.i To confirm all actions and proceedings of the Council for August 26,
2024.
11.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA,
PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES
11.2.a Being a by-law to provide a property tax exemption for certain
affordable housing pursuant to section 110(9) of the Municipal Act,
2001.
11.2.b Being a by-law to provide for the licensing and regulation of lodging
houses in the City of Kitchener.
11.2.c 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.
11.2.d Being a by-law to adopt Amendment No. 57 to the Official Plan -
1036, 1082 and 1094 Wilson Avenue.
11.2.e 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.
COMMITTEE OF THE WHOLE
12.1 ADMINISTRATIVE REPORTS
12.1.a Pre -Approval to Purchase a 2025 Forestry Aerial Bucket Truck, INS -
2024 -370
12.2 FOR INFORMATION
12.2.a 2022 Waterloo Region Community Greenhouse Gas Inventory, DSD -
2024 -252
REPORT OF THE COMMITTEE OF THE WHOLE
BY-LAWS
14.1 3RD READING
14.1.a Being a by-law to exempt certain lots from Part Lot Control — Blocks
1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Registered Plan 58M-671 - Wild
Chicory Street, Jacob Detweiller Drive and Winter Wren Crescent.
::
Page 13 of 52
(By-law 2024-144)
14.1.b Being a by-law to designate the property municipally addressed as
11-15 Pandora Avenue North, in the City of Kitchener as being of
historic and cultural heritage value or interest.
(By-law 2024-145)
14.1.c Being a by-law to designate the property municipally addressed as
87 Scott Street and 82 Weber Street East, in the City of Kitchener as
being of historic and cultural heritage value or interest.
(By-law 2024-146)
14.1.d Being a by-law to designate the property municipally addressed as
131 Victoria Street South, in the City of Kitchener as being of historic
and cultural heritage value or interest.
(By-law 2024-147)
14.1.e To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
(By-law 2024-148)
14.1.f Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
(By-law 2024-149)
14.1.g To further amend By-law No. 2008-117, being a by-law to authorize
certain on -street and off-street parking of vehicles for use by persons
with a disability, and the issuing of permits in respect thereof.
(By-law 2024-150)
14.1.h To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
(By-law 2024-151)
14.1.1 To confirm all actions and proceedings of the Council for August 26,
2024.
(By-law 2024-157)
14.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA,
PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES
14.2.a Being a by-law to provide a property tax exemption for certain
affordable housing pursuant to section 110(9) of the Municipal Act,
2001.
(By-law 2024-152)
Page 14 of 52
14.2.b Being a by-law to provide for the licensing and regulation of lodging
houses in the City of Kitchener.
(By-law 2024-153)
14.2.c 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.
(By-law 2024-154)
14.2.d Being a by-law to adopt Amendment No. 57 to the Official Plan -
1036, 1082 and 1094 Wilson Avenue.
(By-law 2024-155)
14.2.e 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.
15. ADJOURNMENT
(By-law 2024-156)
Page 15 of 52
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: August 26, 2024
SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals
519-741-2200 x 7070
PREPARED BY: Garett Stevenson, Director, Development and Housing Approvals
519-741-2200 x 7070
WARD(S) INVOLVED: Wards 2 and 9
DATE OF REPORT: August 22, 2024
REPORT NO.: DSD -2024-379
SUBJECT: Update to Vacant Land Condominium Draft Approval Conditions
30CDM-24210 (15 Dellroy Avenue) DSD -2024-328
30CDM-24207 (1001 King Street East) DSD -2024-318
RECOMMENDATION:
1. 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 conditions, as amended, attached as Appendix A to this report; and further,
2. 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 conditions, as amended, attached as Appendix B to this report.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide updated draft approval conditions for two vacant land
plan of condominiums that were presented at the August 12, 2024 Planning and Strategic
Initiatives Committee Meeting (public meeting).
• This report supports the delivery of core services.
BACKGROUND:
The Owner of 15 Dellroy Avenue applied for a Vacant Land Condominium (VLC) containing two
units, unit 1 is proposed to contain the existing six (6) storey apartment building containing forty-six
(46) residential suites and Unit 2 is proposed to contain a future eighteen (18) storey tower building
with two hundred and thirty-eight (238) dwelling units.
The owner 1001 King Street East applied for VLC containing two units, each unit containing a
portion of a future mixed use building.
*** 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 52
The public meeting for these applications was held by the Planning and Strategic Initiatives
Committee Meeting on August 12, 2024.
REPORT:
Each VLC is proposed to facilitate financing considerations.
15 Dellroy Avenue
The Owner of 15 Dellroy Avenue is in the final process of securing financing through a Canada
Mortgage and Housing Corporation (CMHC) program for Unit 2 to construct an eighteen (18)
storey tower building with two hundred and thirty-eight (238) residential suites. The Region has
identified several conditions of draft approval that are proposed to be amended.
Condition 9 is amended to add clarity that the only additional securities required to register the
vacant land condominium plan, in addition to usual site plan security, will be required with respect
to incomplete common elements. Condition 9 is amended and replaced with the following:
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
for any incomplete common element as may be identified through the Site Plan process to
the satisfaction of the City's Director of Development and Housing Approvals.
Condition 13 is amended to defer the required noise study from prior to registration to prior to final
site plan approval through an additional agreement. Condition 13 is replaced with the following:
That prior to final approval, the Owner/Developer enters into a registered development
agreement with the Region to complete an updated detailed Environmental Noise Study to
assess transportation and stationary noise prior to final site plan approval, and to 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 the study, all to the
satisfaction of the Regional Municipality of Waterloo.
Condition 15 is amended to reference the negotiated Risk Management Plan, at the request of the
Region. Condition 15 is replaced with the following:
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.
Condition 17 is amended to require a Record of Site Condition prior to building occupancy (rather
than registration of the vacant land condominium), allowing for Unit 2 to be created sooner. Unit 2
is required to secure CMHC financing on only the new construction. Condition 17 is replaced with
the following:
That prior to final approval, the Owner/Developer enter into a registered development
agreement with the City of Kitchener, requiring the Owner/Developer to complete a Record
of Site Condition for the lands legally described as PLAN 307 LOT 104 TO LOT 109 PT
LOT 130 TO PT LOT 135 PT LOT 160 CLOSED STS AND LNS SUBJ TO ROW and obtain
an Acknowledgment Letter from the Ministry of Environment, Conservation and Parks, all
prior to occupancy of any dwelling unit, all to the satisfaction of the Regional Municipality of
Waterloo.
Condition 18 is amended to also reference private wells, at the request of the Region. Condition 18
is replaced with the following:
That prior to final approval, the Owner/Developer shall enter into a Regional Development
Agreement to prohibit geothermal energy and private wells on site and incorporate the
Page 17 of 52
prohibition within the Condominium declaration; all to the satisfaction of the Regional
Municipality of Waterloo.
1001 King Street East
The Owner 1001 King Street East applied for VLC to align construction phasing with financing
staging. The Owner in is the process of revising Site Plan Application SP23/075/K/CD to revise the
building into two phases. The overall development has received conditional Site Plan Approval for
514 residential dwelling units and ground floor commercial units within one 29 -storey Building.
A new condition is being added to provide the City of Kitchener an access easement for the
purpose of accessing the temporary exterior wall (to be converted into an interior wall with phase
2) for the purpose of installing a temporary mural or other public art feature should phase 2 of the
development not proceed immediately.
Condition 19 is added as follows:
Prior to draft plan approval, the Owner/Developer shall transfer an easement in gross to the
City for ingress and egress, access, installation, repair, replacement and maintenance of a
temporary mural or other public art feature at the sole cost of the Owner on the temporary
exterior wall of the proposed building. In advance of the transfer, the owner shall prepare a
draft reference plan showing the easement location for approval by the City and deposit the
approved draft reference plan with the appropriate land registry office. The Transfer
Easement, and easement schedule, and any ancillary documentation shall prepared by the
City to the satisfaction of the City Solicitor.
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 meeting. A notice of the public meeting was placed in the newspaper on July 19, 2024
CONSULT — The Applications were circulated to property owners within 120 metres of the subject
lands as per Planning Act requirements. This report is posted to the City's website with the agenda
in advance of the committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• Zoning By-laws 85-1 and 2019-051
• Official Plan
• Regional Official Plan
• Provincial Policy Statement
• Planning Act, R.S.O.
• Growth Plan
• Site Plan Application (SP22/158/D/BB)
• DSD -2023-314 (A2023-080)
Page 18 of 52
• Site Plan Application SP23/075/K/CD
• DSD -2024-318 - 1001 King Street East VLC
• DSD -2024-328 - 15 Dellroy Ave VLC
APPROVED BY: Justin Readman, General Manager, Development Services Department
ATTACHMENTS:
Attachment A — Revised Draft Approvals Conditions for 1001 King Street East
Attachment B — Revised Draft Approvals Conditions for 15 Dellroy Avenue
Page 19 of 52
Attachment A— Revised Draft Approvals Conditions for 1001 King Street East
REVSIED 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:
i) 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:
i) 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 20 of 52
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 planning(a_wrdsb.ca. Information provided by any
other source cannot be guaranteed to reflect current school assignment
information. In order to limit liability, public school buses operated by the Student
Transportation Services of Waterloo Region (STSWR), or its assigns or successors,
Page 21 of 52
3
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:
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
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.
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
Page 22 of 52
M
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 23 of 52
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.
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.
19. Prior to draft plan approval, the Owner/Developer shall transfer an easement in gross to the
City for ingress and egress, access, installation, repair, replacement and maintenance of a
temporary mural or other public art feature at the sole cost of the Owner on the temporary
exterior wall of the proposed building. In advance of the transfer, the owner shall prepare a
draft reference plan showing the easement location for approval by the City and deposit the
approved draft reference plan with the appropriate land registry office. The Transfer
Easement, and easement schedule, and any ancillary documentation shall prepared by the
City to the satisfaction of the City Solicitor.
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
Page 24 of 52
C.
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 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 25 of 52
Attachment B — Revised Draft Approvals Conditions for 15 Dellroy Avenue
REVSIED 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:
i) 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 26 of 52
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
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 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 planning(c_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,
Page 27 of 52
3
and potential busing students will be required to meet the bus at a congregated bus
pick-up point.
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:
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
for any incomplete common element 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 the funds so secured and hold them as security to guarantee completion
Page 28 of 52
M
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. 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 enters into a registered development
agreement with the Region to complete an updated detailed Environmental Noise Study
to assess transportation and stationary noise prior to final site plan approval, and to
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
the 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 Waterlo
15. 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.
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 enter into a registered development
agreement with the City of Kitchener, requiring the Owner/Developer to complete a Record
of Site Condition for the lands legally described as PLAN 307 LOT 104 TO LOT 109 PT
Page 29 of 52
LOT 130 TO PT LOT 135 PT LOT 160 CLOSED STS AND LNS SUBJ TO ROW and
obtain an Acknowledgment Letter from the Ministry of Environment, Conservation and
Parks, all prior to occupancy of any dwelling unit, all to the satisfaction of the Regional
Municipality of Waterloo.
18. That prior to final approval, the Owner/Developer shall enter into a Regional
Development Agreement to prohibit geothermal energy and private wells 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.
Page 30 of 52
C.
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 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 31 of 52
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: August 26, 2024
SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals
519-741-2200 x 7070
PREPARED BY: Garett Stevenson, Director, Development and Housing Approvals
519-741-2200 x 7070
WARD(S) INVOLVED: Wards 2 and 9
DATE OF REPORT: August 22, 2024
REPORT NO.: DSD -2024-379
SUBJECT: Update to Vacant Land Condominium Draft Approval Conditions
30CDM-24210 (15 Dellroy Avenue) DSD -2024-328
30CDM-24207 (1001 King Street East) DSD -2024-318
RECOMMENDATION:
1. 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 conditions, as amended, attached as Appendix A to this report; and further,
2. 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 conditions, as amended, attached as Appendix B to this report.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide updated draft approval conditions for two vacant land
plan of condominiums that were presented at the August 12, 2024 Planning and Strategic
Initiatives Committee Meeting (public meeting).
• This report supports the delivery of core services.
BACKGROUND:
The Owner of 15 Dellroy Avenue applied for a Vacant Land Condominium (VLC) containing two
units, unit 1 is proposed to contain the existing six (6) storey apartment building containing forty-six
(46) residential suites and Unit 2 is proposed to contain a future eighteen (18) storey tower building
with two hundred and thirty-eight (238) dwelling units.
The owner 1001 King Street East applied for VLC containing two units, each unit containing a
portion of a future mixed use building.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 32 of 52
The public meeting for these applications was held by the Planning and Strategic Initiatives
Committee Meeting on August 12, 2024.
REPORT:
Each VLC is proposed to facilitate financing considerations.
15 Dellroy Avenue
The Owner of 15 Dellroy Avenue is in the final process of securing financing through a Canada
Mortgage and Housing Corporation (CMHC) program for Unit 2 to construct an eighteen (18)
storey tower building with two hundred and thirty-eight (238) residential suites. The Region has
identified several conditions of draft approval that are proposed to be amended.
Condition 9 is amended to add clarity that the only additional securities required to register the
vacant land condominium plan, in addition to usual site plan security, will be required with respect
to incomplete common elements. Condition 9 is amended and replaced with the following:
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
for any incomplete common element as may be identified through the Site Plan process to
the satisfaction of the City's Director of Development and Housing Approvals.
Condition 13 is amended to defer the required noise study from prior to registration to prior to final
site plan approval through an additional agreement. Condition 13 is replaced with the following:
That prior to final approval, the Owner/Developer enters into a registered development
agreement with the Region to complete an updated detailed Environmental Noise Study to
assess transportation and stationary noise prior to final site plan approval, and to 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 the study, all to the
satisfaction of the Regional Municipality of Waterloo.
Condition 15 is amended to reference the negotiated Risk Management Plan, at the request of the
Region. Condition 15 is replaced with the following:
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.
Condition 17 is amended to require a Record of Site Condition prior to building occupancy (rather
than registration of the vacant land condominium), allowing for Unit 2 to be created sooner. Unit 2
is required to secure CMHC financing on only the new construction. Condition 17 is replaced with
the following:
That prior to final approval, the Owner/Developer enter into a registered development
agreement with the City of Kitchener, requiring the Owner/Developer to complete a Record
of Site Condition for the lands legally described as PLAN 307 LOT 104 TO LOT 109 PT
LOT 130 TO PT LOT 135 PT LOT 160 CLOSED STS AND LNS SUBJ TO ROW and obtain
an Acknowledgment Letter from the Ministry of Environment, Conservation and Parks, all
prior to occupancy of any dwelling unit, all to the satisfaction of the Regional Municipality of
Waterloo.
Condition 18 is amended to also reference private wells, at the request of the Region. Condition 18
is replaced with the following:
That prior to final approval, the Owner/Developer shall enter into a Regional Development
Agreement to prohibit geothermal energy and private wells on site and incorporate the
Page 33 of 52
prohibition within the Condominium declaration; all to the satisfaction of the Regional
Municipality of Waterloo.
1001 King Street East
The Owner 1001 King Street East applied for VLC to align construction phasing with financing
staging. The Owner in is the process of revising Site Plan Application SP23/075/K/CD to revise the
building into two phases. The overall development has received conditional Site Plan Approval for
514 residential dwelling units and ground floor commercial units within one 29 -storey Building.
A new condition is being added to provide the City of Kitchener an access easement for the
purpose of accessing the temporary exterior wall (to be converted into an interior wall with phase
2) for the purpose of installing a temporary mural or other public art feature should phase 2 of the
development not proceed immediately.
Condition 19 is added as follows:
Prior to draft plan approval, the Owner/Developer shall transfer an easement in gross to the
City for ingress and egress, access, installation, repair, replacement and maintenance of a
temporary mural or other public art feature at the sole cost of the Owner on the temporary
exterior wall of the proposed building. In advance of the transfer, the owner shall prepare a
draft reference plan showing the easement location for approval by the City and deposit the
approved draft reference plan with the appropriate land registry office. The Transfer
Easement, and easement schedule, and any ancillary documentation shall prepared by the
City to the satisfaction of the City Solicitor.
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 meeting. A notice of the public meeting was placed in the newspaper on July 19, 2024
CONSULT — The Applications were circulated to property owners within 120 metres of the subject
lands as per Planning Act requirements. This report is posted to the City's website with the agenda
in advance of the committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• Zoning By-laws 85-1 and 2019-051
• Official Plan
• Regional Official Plan
• Provincial Policy Statement
• Planning Act, R.S.O.
• Growth Plan
• Site Plan Application (SP22/158/D/BB)
• DSD -2023-314 (A2023-080)
Page 34 of 52
• Site Plan Application SP23/075/K/CD
• DSD -2024-318 - 1001 King Street East VLC
• DSD -2024-328 - 15 Dellroy Ave VLC
APPROVED BY: Justin Readman, General Manager, Development Services Department
ATTACHMENTS:
Attachment A — Revised Draft Approvals Conditions for 1001 King Street East
Attachment B — Revised Draft Approvals Conditions for 15 Dellroy Avenue
Page 35 of 52
Attachment A— Revised Draft Approvals Conditions for 1001 King Street East
REVSIED 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:
i) 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:
i) 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 36 of 52
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 planning(a_wrdsb.ca. Information provided by any
other source cannot be guaranteed to reflect current school assignment
information. In order to limit liability, public school buses operated by the Student
Transportation Services of Waterloo Region (STSWR), or its assigns or successors,
Page 37 of 52
3
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:
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
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.
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
Page 38 of 52
M
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 39 of 52
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.
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.
19. Prior to draft plan approval, the Owner/Developer shall transfer an easement in gross to the
City for ingress and egress, access, installation, repair, replacement and maintenance of a
temporary mural or other public art feature at the sole cost of the Owner on the temporary
exterior wall of the proposed building. In advance of the transfer, the owner shall prepare a
draft reference plan showing the easement location for approval by the City and deposit the
approved draft reference plan with the appropriate land registry office. The Transfer
Easement, and easement schedule, and any ancillary documentation shall prepared by the
City to the satisfaction of the City Solicitor.
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
Page 40 of 52
C.
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 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 41 of 52
Attachment B — Revised Draft Approvals Conditions for 15 Dellroy Avenue
REVSIED 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:
i) 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 42 of 52
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
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 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 planning(c_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,
Page 43 of 52
3
and potential busing students will be required to meet the bus at a congregated bus
pick-up point.
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:
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
for any incomplete common element 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 the funds so secured and hold them as security to guarantee completion
Page 44 of 52
M
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. 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 enters into a registered development
agreement with the Region to complete an updated detailed Environmental Noise Study
to assess transportation and stationary noise prior to final site plan approval, and to
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
the 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 Waterlo
15. 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.
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 enter into a registered development
agreement with the City of Kitchener, requiring the Owner/Developer to complete a Record
of Site Condition for the lands legally described as PLAN 307 LOT 104 TO LOT 109 PT
Page 45 of 52
LOT 130 TO PT LOT 135 PT LOT 160 CLOSED STS AND LNS SUBJ TO ROW and
obtain an Acknowledgment Letter from the Ministry of Environment, Conservation and
Parks, all prior to occupancy of any dwelling unit, all to the satisfaction of the Regional
Municipality of Waterloo.
18. That prior to final approval, the Owner/Developer shall enter into a Regional
Development Agreement to prohibit geothermal energy and private wells 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.
Page 46 of 52
C.
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 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 47 of 52
Staff Report
J
IKgc.;i' r� R
Infrastructure Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: August 26, 2024
SUBMITTED BY: Matthew Lynch, Director Fleet, 519-741-2200 ext. 4679
PREPARED BY: Evan Zinn, Manager Fleet Planning, 519-741-2200 ext.4780
Ryan Hagey, Director of Financial Planning and Asset Management
Brad Palmer, Corporate Financial Advisor
Joshua Shea, Manager Forestry and Natural Areas Management
WARD(S) INVOLVED: All
DATE OF REPORT: August 14, 2024
REPORT NO.: INS -2024-370
SUBJECT: Pre -Approval to Purchase a 2025 Forestry Aerial Bucket Truck
RECOMMENDATION:
That the purchase of a 2025 forestry bucket truck be pre -approved with a budget of
$255,000 as outlined in report INS -2024-370.
REPORT HIGHLIGHTS:
The purpose of this report is to obtain pre -approval of 2025 budget funding to procure a
forestry aerial bucket truck to meet current operational requirements.
Pre -approval is being sought to secure more favourable pricing, accommodate an on ground
ready to deliver unit, avoiding the long production time due to supply chain challenges.
This report supports the delivery of core services.
BACKGROUND:
One (1) additional forestry aerial bucket truck was requested during the 2024 Equipment Review
process to help the City better manage its urban forest. Forestry requires a defined style of
aerial truck platform based on its intended use of the unit. These units are custom built to meet
operational requirements of reach and size to work within the right of way and woodlots of the
municipality.
The Forestry request was deferred to the 2025 Equipment Review due to limited funding for new
units and other competing priorities. At the time of deferral, it was expected this unit would be
prioritized for approval through the 2025 Equipment Review Process.
This request is being brought forward mid -year as the City has a unique opportunity to purchase
an aerial truck that meets its specifications and has already been manufactured (known as an
"on ground" unit). This is especially important as the City's most recent procurement of a similar
unit occurred in 2022 and has yet to be delivered due to supply chain shortages and long lead
times of both the aerial device and truck chassis. The procurement of an on -ground unit is seen
as a strategic opportunity that provides financial savings in addition to the following benefits:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 48 of 52
• Mitigating supply risks and price escalations
• Time savings in specification development and reduced engineering costs
• Time savings in contract administration through the entire build process
• Stabilizing the sourcing exercise
• Increased operational readiness.
• Reduced operational costs for equipment maintenance past lifecycle.
REPORT:
Supply chain and labor issues continue to impact the manufacturing of heavy truck chassis as
well as aerial devices, which has led to unprecedented production lead times. In the past,
production had been 10-14 months depending on size and complexity of the truck.
Manufacturers have confirmed that the lead time on this type of apparatus is now 24-30
months from issuance of a purchase order.
Purchasing an on -ground unit removes supply chain risks completely. Staff are recommending
the pre -approval of funding to allow the procurement of the aerial truck. This will provide the best
possible opportunity to reduce costs and secure a unit for service. Any advanced funding
approved in 2024 would be offset by the removal of this ask in the 2025 Capital Budget.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The total cost of the aerial truck is $255,000 and will be funded by the Equipment Reserve. This
will increase the draw on the reserve in 2024 but reduce the draw in 2025 by the same amount.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Denise McGoldrick, General Manager of Infrastructure Services
Page 49 of 52
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: August 26, 2024
SUBMITTED BY: Anna Marie Cipriani, Corporate Sustainability Officer, 519-741-2200
ext. 7322
PREPARED BY: Anna Marie Cipriani, Corporate Sustainability Officer, 519-741-2200
ext. 7322
WARD(S) INVOLVED: All
DATE OF REPORT: May 30, 2024
REPORT NO.: DSD -2024-252
SUBJECT: 2022 Waterloo Region Community Greenhouse Gas Inventory
Report
RECOMMENDATION:
That the 2022 Waterloo Region Community Greenhouse Gas Inventory Report be
received for information.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide an update on TransformWR (our community
climate action plan) progress, focussing on the 2022 community Greenhouse Gas
(GHG) inventory
• Progress updates on actions outlined in TransformWR are posted to the TransformWR
Progress Dashboard; launched in October 2023.
• The key finding of this re -inventory is that in 2022 there is a 12% community GHG
reduction from our 2010 baseline
• This report supports Cultivating a Green City Together: Focuses a sustainable path
to a greener, healthier city; enhancing & protecting parks & natural environment
while transitioning to a low -carbon future; supporting businesses & residents to
make climate -positive choices.
BACKGROUND:
Working together for more than a decade, all eight local municipalities and two local
organizations (Reep Green Solutions and Sustainable Waterloo Region) developed
TransformWR (our community climate action plan) and prepared this 2022 progress report.
The ClimateActionWR Collaborative is committed to tracking community GHG emissions on
an annual basis, with full GHG inventories completed no less than every 5 years; and to
publicly sharing progress on actions via a public dashboard.
REPORT:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 50 of 52
Working together for more than a decade all eight local municipalities and two local
organizations (Reep Green Solutions and Sustainable Waterloo Region) form Climate
Action Waterloo Region. TransformWR (DSD -2021-094) is a community climate action plan
endorsed by all eight local councils.
TransformWR Progress Dashboard
TransformWR identifies 6 Transformative Changes, twenty related strategies and seventy-
eight actions. Progress on these actions is captured in the TransformWR Progress
Dashboard; launched in October 2023.
2022 TransformWR GHG Inventory Report
The ClimateActionWR Collaborative is committed to tracking community GHG emissions on
an annual basis, with full GHG inventories completed no less than every 5 years. The 2022
report indicates:
• A 12% community GHG emissions reduction from 2010 baseline
• Overall, to reach our community 2030 target (50% reduction from baseline - "80x50")
an additional 38% GHG emissions reduction is needed between now and 2030.
• Transportation (47.2%) followed by Buildings (45.4%) contribute the most community
GHGs.
• Passenger vehicles account for 31 % of total community emissions.
• An overall trend towards more light passenger trucks and SUVs on the road is
working against GHG reductions from improved vehicle fuel efficiencies and reduced
travel times.
• Industrial, commercial, and institutional sector (ICI) emissions account for 60% of
total building emissions in our community, followed by the residential sector at 40%.
• Two energy sources contribute the most to community GHGs - natural gas (39%)
followed by gasoline (37%).
• Energy demand coupled with natural gas supply for space and water heating
accounts for 85%-90% of all building GHG emissions.
• Livestock product demand coupled with cattle supply account for 85% of emissions
within agriculture (5.8%).
• Waste (2%) emissions have grown approximately 19.2% since baseline.
Calls to Action
Transportation
• Drive less, rely on public transportation and active transportation more
• Electrify passenger vehicles
Buildings
• Use energy less and use it more efficiently
• Improve building envelopes
• Optimize heating and cooling systems
• Fuel switch for water and space heating (and cooling)
STRATEGIC PLAN ALIGNMENT:
This report supports Cultivating a Green City Together: Focuses a sustainable path to
a greener, healthier city; enhancing & protecting parks & natural environment while
Page 51 of 52
transitioning to a low -carbon future; supporting businesses & residents to make
climate -positive choices.
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 was posted to the City's website with the agenda in advance of the
council meeting and is scheduled for discussion at the Climate Change and Environment
Advisory Committee June 20, 2024, meeting.
PREVIOUS REPORTS/AUTHORITIES:
• CSD -13-108 Community Climate Action Plan and Corporate GHG Reduction
Initiatives- complete
• CSD -14-028 Climate Change Mitigation and Adaptation
• CAO -15-024 City of Kitchener Climate Action Plan Terms of Reference
• CSD -17-046 Community Climate Action Plan Progress Report
• INS -18-024 80x2050 Long Term Community GHG Reduction Target
• DSD -2021-094 Community Climate Action Plan — TransformWR Strategy
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS: none
Page 52 of 52