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HomeMy WebLinkAboutPSI Agenda - 2025-10-27�JWell '091 Planning & Strategic Initiatives Committee Agenda Monday, October 27, 2025, 5:30 p.m. - 8:30 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/dele.aq tion or via email at delegation(a-)kitchener.ca. Please refer to the delegation section on the agenda below for in-person registration and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 Demolition Control Applications, DC25/025/R/AS and DC25/026/R/AS, 4 15 and 16 Reinhardt Street, DSD -2025-402 3.2 Demolition Control Application, DC25/024/W/AA - 42 and 32 Windom Road, DSD -2025-439 3.3 Community Engagement Review, COR -2025-435 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. 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 3:30 p.m. on October 27, 2025, in order to participate electronically. 4.1 Item 5.1 - Olya Alchits 4.2 Item 5.2 - Rich Peers 4.3 Item 5.2 - Marion Markham 4.4 Item 5.2 - Chantal Stieler 5. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 5.1 Zoning By-law Amendment Application, 60 m ZBA25/016/W/BB, 137 Woodhaven Road, 2394608 Ontario Inc., DSD -2025-370 (Staff will provide a 5 -minute presentation on this matter.) 5.2 Draft Plan of Subdivision Application, 30T- 60 m 23201, 1700 Strasburg Road & McBrine Drive, 2140221 Ontario Inc., DSD -2025-400 (Staff will provide a 5 -minute presentation on this matter.) 6. Discussion Items 6.1 Enabling 4 Units - 1 Year Check in, DSD -2025- 30 m 411 (Staff will provide a 5 -minute presentation on this matter.) 7. Information Items 7.1 None 0 13 we 271 Page 2 of 295 8. Adjournment Mariah Blake Committee Coordinator Page 3 of 295 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: October 27, 2025 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals Division, 519-783-8922 PREPARED BY: Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: September 29, 2025 REPORT NO.: DSD -2025-402 SUBJECT: Demolition Control Applications — 15 Reinhardt Street - DC25/025/R/AS 16 Reinhardt Street - DC25/026/R/AS RECOMMENDATION: That Demolition Control Application DC25/025/R/AS requesting permission to remove an existing Single Detached Dwelling at 15 Reinhardt Street and Demolition Control Application DC25/026/R/AS requesting permission to remove an existing Duplex Dwelling at 16 Reinhardt Street, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a request to demolish an existing single detached dwelling in poor repair at 15 Reinhardt Street; and an existing duplex dwelling in poor repair at 16 Reinhardt Street. • The key finding of this report is that staff supports the demolition of an existing single detached dwelling and an existing duplex dwelling, as both dwellings are in poor condition, the properties are vacant, no tenants will be displaced, the existing structures are not viable for continued residential use, and the removal will facilitate appropriate future development of the lands for future Regional purposes. • There are no financial implications as there are no impacts to the Capital or Operating Budget. • Community engagement included the information posted to the City's website with the agenda in advance of the Council/Committee meeting. All property owners within 30 metres of the subject property would receive notice of the demolition control application for information purposes immediately following Council approval. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 295 BACKGROUND: The Development and Housing Approvals Division has received two (2) Applications requesting the demolition of an existing single detached dwelling addressed as 15 Reinhardt Street and an existing duplex dwelling addressed as 16 Reinhardt Street. Both dwellings are in a poor state repair. The subject properties are located on the north and south side of Reinhardt Street, near the Weber Street West intersection. These properties are located in the Mt. Hope Huron Park neighbourhood which is primarily comprised of low-rise residential uses. The properties are identified as `Community Areas' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use Designation in the City's 2014 Official Plan. The properties are zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The Region of Waterloo is proposing to demolish the dwellings to allow for the future redevelopment of the lands for Regional objectives, which is to be determined. Figure 1 - Location Map of 15 Reinhardt Street and 16 Reinhardt Street REPORT: The dwellings are currently vacant, and the existing structures are in an irreparable condition. The condition of the buildings makes the lands unsuitable for continued residential use. The proposed demolition will not result in the displacement of residents or the premature loss of viable housing stock. The properties are owned by the Region of Waterloo, and the Region has identified the lands for future use to support Regional objectives. Therefore, the removal of the existing buildings will facilitate development of the lands for a future public work and/or service. The proposal demolitions support the redevelopment of the larger area, also owned by the Region of Waterloo, with a future use. Page 5 of 295 Demolition Control Considerations The properties are located inside the City's Demolition Control Area, as defined in the City's Demolition Control By-law. The By-law also identifies specific circumstances where demolition control requirements are exempt as stated in Section 620.2.5: e) Demolition of residential property is necessary to allow for the construction or establishment of a public work or service approved by the City, the Regional Municipality of Waterloo, or Kitchener -Wilmot Hydro Inc. The demolitions are proposed for the redevelopment of the lands by the Region of Waterloo. However, there is currently no approved site plan or public works projects in place. As such, the demolition does not qualify for the exemption and requires council approval. Heritage Comments: These properties have no heritage status but are located within the Mt. Hope/Breithaupt Neighborhood Cultural Heritage Landscape (CHL). Staff do not have any concerns with the proposed demolition, but any new construction should be compatible with the existing character of the neighborhood. This can be done through complementary design, compatible massing proportions, style, and materials for any new construction. Figure 2: Front View of the Existing Dwelling at 15 Reinhardt Street Page 6 of 295 Figure 3: Side View of the Existing Dwelling at 15 Reinhardt Street Figure 4: View of the Existing Duplex at 16 Reinhardt Street Page 7 of 295 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 and the agenda have been posted to the City's website in advance of the Council / Committee meeting. Immediately following council approval, all property owners within 30 metres of the subject properties will receive notice of the demolition control application for information purposes (if Canada Post resumes mail deliver service). PREVIOUS REPORTS/AUTHORITIES: • Planning Act • City of Kitchener's Demolition Control By-law • Zoning By-law 2019-051 • Official Plan, 2014 REVIEWED BY: Tina Malone -Wright, Manager, Development Approvals, Development and Housing Approvals Division APPROVED BY: Justin Readman – General Manager, Development Services Page 8 of 295 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: October 27, 2025 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals Division, 519-783-8922 PREPARED BY: Tina Malone -Wright, Manager, Development Approvals 519-783- 8913 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: October 14, 2025 REPORT NO.: DSD -2025-439 SUBJECT: Demolition Control Application DC25/024/W/AA - 42 & 32 Windom Road RECOMMENDATION: That Demolition Control Application DC25/024/W/AA requesting permission to remove an existing single detached dwelling located at 32 Windom Road and a single detached dwelling with an additional dwelling unit (attached) located at 42 Windom Road, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a request to demolish an existing single detached dwelling located at 32 Windom Road and a single detached dwelling with an additional dwelling unit (attached) located at 42 Windom Road. • The key finding of this report is that staff supports the demolition as the Applicant intends to demolish both residential buildings and redevelop with 56 stacked townhouse dwelling units as per site plan SPF25/066/W, the properties are vacant, and the removal will facilitate appropriate future development of the lands for additional residential uses. • There are no financial implications as there are no impacts to the Capital or Operating Budget. • Community engagement included the information posted to the City's website with the agenda in advance of the Council/Committee meeting. All property owners within 30 metres of the subject property would receive notice of the demolition control application for information purposes immediately following Council approval. • This report supports the delivery of core services. BACKGROUND: The Development Services Department has received an application requesting the demolition of a single detached dwelling located at 32 Windom Road and a single detached dwelling with an additional dwelling unit (attached) located at 42 Windom Road. The subject *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 9 of 295 property is zoned Residential Three Zone (RES -5) with site-specific regulation 390 in the Zoning By-law 2019-51 and designated Low Rise Residential in the City's Official Plan. The applicant intends to demolish both residential buildings and redevelop with 56 stacked townhouse dwelling units as per site plan SPF25/066/W. Figure 1 - Location Map REPORT: The dwellings are currently vacant, and the existing structures are proposed to be demolished to redevelop the site with 56 stacked townhouse dwelling units as per site plan SPF25/066M. The proposed demolition will not result in the displacement of residents or the premature loss of viable housing stock. Therefore, the removal of the existing buildings will facilitate development of the lands for additional residential units. Since the demolition will result in the loss of a dwelling unit without an approved plan for redevelopment (Building Permit for redevelopment), a Council decision is required in accordance with the City's Demolition Control Policy. Page 10 of 295 Existing building at 32 Windom Road Existing building at 42 Windom Road Page 11 of 295 Demolition Control Considerations The property is located within the City's Demolition Control Area, as defined in the City's Demolition Control By-law. The demolition control provisions under Section 33 of the Planning Act are intended to: • Prevent the premature loss of viable housing stock and the creation of vacant parcels of land. • Protect the appearance, character, and integrity of residential neighborhoods and streetscapes where no redevelopment is planned. • Prevent the premature loss of municipal property assessment. • Retain existing dwelling units until redevelopment plans have been considered and approved. • Ensure that redevelopment occurs in a timely manner, where proposed. The property is not designated under the Ontario Heritage Act and is not adjacent to any cultural heritage resources. Heritage Planning has no concerns with the application. It is staff's opinion that the proposed demolition is justified as the applicant intends to redevelop the land with 56 stacked townhouse dwelling units on both properties. The proposed redevelopment is compatible with the neighbourhood and conforms to the City's Official Plan and Zoning By-law. At this time, staff recommend that the Demolition Control Application DC25/024/W/AA, requesting permission to demolish both existing residential buildings, be approved. 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 and the agenda have been posted to the City's website in advance of the Council / Committee meeting. Immediately following council approval, all property owners within 30 metres of the subject properties will receive notice of the demolition control application for information purposes. PREVIOUS REPORTS/AUTHORITIES: • City of Kitchener's Demolition Control By-law • Zoning By-law 2019-051 • Official Plan, 2014 APPROVED BY: Justin Readman, General Manager, Development Services Page 12 of 295 Staff Repoit Corporate Services Department www. kitchen er.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: October 27, 2025 SUBMITTED BY: Victoria Raab, General Manager, Corporate Services 519-783-8991 PREPARED BY: Sue Weare, Community Engagement Consultant, 519-783-8985 WARD(S) INVOLVED: All Wards DATE OF REPORT: October 16, 2025 REPORT NO.: COR -2025-435 SUBJECT: Community Engagement Review RECOMMENDATION: That staff be directed to update the Community Engagement Policy (GOV-COU-2010), as outlined in Corporate Services Department report COR -2025-435, to be brought forward through a future Corporate Policy review update report. REPORT HIGHLIGHTS: • The purpose of this report is to provide Council a summary of the findings and recommendations from a review of the City's community engagement policy, framework, and practices. • The key finding of this report is the need for a clearer framework to guide staff when engaging the public. • There are no financial implications associated with this report. • Community engagement included a multi -method engagement process to understand resident experiences, values and expectations. • This report supports Fostering a Caring City Together: Enhancing the city's engagement practices. BACKGROUND: Enhancing the City's engagement practices is an action item in the 2023-2026 Strategic Plan. To implement this action, staff completed a thorough review of the organization's community engagement policy, framework and internal practices, which included extensive internal and external engagement. REPORT: Review Process *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 13 of 295 The Community Engagement Review commenced in 2024 with an environmental scan of best practices, policies, and frameworks from other municipalities, as well as a review of industry standards in public engagement. Together with staff from the City of Mississauga and City of Ottawa, City of Kitchener staff conducted a survey of Canadian municipalities. Kitchener staff also held interviews with Canadian municipalities. Concurrently, extensive internal engagement with both corporate leadership and key staff was undertaken to better understand current internal practices, strengths, challenges, improvement opportunities, and to discuss operational implications of the environmental scanning results. In 2025, staff community engagement process, titled `A Seat at the Table', was carried out. Staff engaged a consultant, Topent Ltd., who supported the planning and delivery of this process. It officially launched on April 30 and continued through June 30. The objectives were to assess residents' experiences engaging with the City (what worked well and identifying areas for improvement), understand barriers to participation, and gather ideas for enhancing current engagement practices. Residents also shared their vision for the future of public participation in Kitchener and provided feedback on principles or values that should guide how staff engage. To raise awareness and gather early feedback, the project team presented to four advisory committees: Grand River Accessibility Advisory Committee, Equity and Anti -Racism Advisory Committee, Mayor's Advisory Council for Kitchener Seniors, and Kitchener Youth Action Council. These committees were selected based on their representation of underserved communities and their local knowledge to help ensure the engagement approach was as inclusive, accessible, and low -barrier as possible. To hear from a wide cross-section of Kitchener's communities and residents, multiple and various participation methods were offered. These integrated advisory committee feedback in both design and delivery, and included: • Virtual Kitchen Table Talks — Two staff -facilitated group conversations held online to gather in-depth feedback. • Pop-up booths — Held at community events and public spaces across Kitchener, including Public Works Family Fun Night, Tri -Pride, the Kitchener Market, Rockway Community Centre, and a youth camp leaders training session. Participation took place through brief intercept interviews and an ideation exercise. • Feedback Fairs — Family-oriented events featuring four interactive stations where residents could share their thoughts and ideas in multiple creative ways. These were hosted at Victoria Hills Community Centre, Stanley Park Community Centre, Huron Community Centre, and a Newcomer Event at City Hall. • `Host Your Own' conversations — A resource guide was provided to support resident -led discussions and enable hosts to share collected feedback with staff. • Online — Comments tool, ideation tool, and survey hosted on Engage Kitchener. Findings and Key Themes In total, 30 Canadian municipalities took part in the survey and 10 in interviews for the environmental scan. Key learnings included: Page 14 of 295 • Types of internal staffing structures and roles to support community engagement functions, as well as the various benefits and drawbacks of each type. • Best practice tools, templates, guides, and training that build internal capacity and consistency, including examples of successful approaches for reaching underrepresented or hard -to -reach groups. • Most municipalities have an engagement framework to guide staff and, of those that did, most were organized around the lifecycle of engagement processes. • Most municipalities have an online engagement platform, and use a combination of digital, virtual and in-person methods tailored to participant needs. • The International Association for Public Participation (IAP2)'s evidence -based approaches are widely adopted by nearly all Canadian municipalities. IAP2 is a global association of public participation professionals and the leading international organization dedicated to advancing the practice of public engagement. Our nation's chapter is IAP2 Canada. With regards to the internal scan, a total of 17 interviews were conducted with City staff members from divisions involved in delivering public engagement. Key learnings included: • Staff engage the public on topics including but not limited to master plans, capital projects, infrastructure upgrades, policies and by-laws, community programs and services. • Staff use a wide range of methods in various formats (digital, virtual and in-person), just a few examples being: surveys, ideas boards, arts -based storytelling, interactive maps, interviews, workshops, and public meetings. • Overall, staff expressed the need to establish a clear, practical City-wide framework that enables divisions flexibility to interpret standards within their unique contexts. • Staff also suggested improving coordination across divisions to avoid engagement fatigue, build long-term relationships, and use public input more strategically. • Staff identified capacity -building opportunities including training, more centralized resources, shared toolkits, and dedicated supports to meet gaps in staff skill, knowledge, and confidence. Over 61 days, 973 residents participated in 19 different community events and spaces during the community engagement process. They said what the City does well is: • Recognize the value of engagement and importance of hearing from many voices. • Offer various easy, accessible and innovative methods, including Engage Kitchener. • Use different approaches to reach community members and keep them informed. Participants also shared opportunities to improve, including: • Engage and promote the opportunity early in the process, making it clear how to get involved and why it matters. • Keep using different methods, including more localized, comfortable and creative ones that appeal to various demographics (including youth) and build trust. • Include underrepresented groups by using inclusive formats, offering language support, and asking about then addressing any unique or underrecognized barriers. • Clearly demonstrate how public feedback influenced decisions and outcomes for each engagement process. Page 15 of 295 • Help residents understand how the City works and how to be more civically engaged. Youth participants said they felt they only "sometimes" (77%) or "rarely" (33%) know about opportunities to engage with the City. The main barriers they identified were: the topic being uninteresting or irrelevant, scheduling conflicts preventing their participation, and a lack of awareness of how to get involved in general. When asked to describe their vision for the future of public participation in Kitchener, participants said they envisioned a City where: • Ideas are listened to and acted upon. • Strong community relationships and trust are built. • Pride in their city grows. • Youth are actively engaged. • Everyone is included and respected. • Engagement is easy, safe, and inclusive. • Decisions are transparent and clearly communicated. Participants were also asked to review and refine a draft set of engagement principles. There was broad support for these, but it was recommended that the wording be revised to better align with how community members would describe and understand them. Finally, participants were invited to answer an evaluation questionnaire on their experience participating in the engagement process. • 100% believe this is an important issue that will lead to better outcomes and felt respected while taking part. • 97% understood their role in this initiative and felt safe expressing their views. • 91 % felt the City made it easy for them to participate • 92% understood the purpose of this engagement and felt the City values their input. • 62% believed their input would be considered. In the comments, respondents said they appreciated being able to participate in a familiar space, at a convenient time. This was true of both respondents who took part online or in- person (often were already there for an event or programming). Participants also expressed a desire for more dialogue -based approaches, stating that these built both understanding and trust. Overall, evaluation results suggest the engagement design was appropriate, the methods were well-suited to the topic, and participants were highly satisfied with the overall engagement process. The lowest score indicates a gap in trust, which reflects the wider erosion of trust in public institutions that has been well-documented across multiple jurisdictions. The consultant prepared a final report summarizing the findings from the community engagement process (see Appendix A). Strategic recommendations to staff for enhancing the City's community engagement practices were also provided. Page 16 of 295 Recommendations Given the above findings, staff recommend updating the Community Engagement Policy (GOV-COR-2010) to align with current industry standards, leading best practices, and public expectations. The review findings point to the need for a clear city-wide framework, organized around the lifecycle of engagement and grounded in the IAP2's evidence -based approaches. This would provide greater clarity and consistent guidance to staff — and enable the kind of meaningful participation desired by residents. Based on the review findings, three high impact changes for a revised policy might include: Adopt the IAP2's practice framework, which describes four essential elements of a successful engagement process: design, planning, implementation, evaluation. • Adopt the IAP2 public participation spectrum, a conceptual model for assessing, understanding, and communicating the public's influence on an outcome or decision and the overall goal(s) of engagement. The current policy has a modified version of this model, aligning with industry standards would ensure its use is more effective. • Include broad guiding principles as defined by public input, to provide a foundation for more meaningful engagement. The revised policy would more clearly establish the organization's expectations or guidelines — and commitments to the public — when engaging residents. Including the practice framework provides a structured but high-level outline of the expected steps for carrying out an engagement process, regardless of topic or operational division. The spectrum model is a critical tool for designing engagement, and its inclusion further establishes this as an expectation. Finally, findings also suggest the need for a new corporate strategy to guide improvements in the City's engagement practices. The strategy would provide clear directions and actions for improving the City's engagement practices based on the review's findings, including a comprehensive guide for operational izing the revised policy. STRATEGIC PLAN ALIGNMENT: This report supports Fostering a Caring City Together: Focuses on enhancing the city's engagement practices. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the committee meeting. The "what we heard" report was also shared on the project's Engage Kitchener page and emailed to key participants. Page 17 of 295 COLLABORATE — As described in the report, residents were involved in multiple ways, including facilitated group conversations, intercept interviews, ideation exercises, online comment boards, and surveys. Public feedback directly informs the recommendation to update the Community Engagement Policy. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. 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RECOMMENDATION: That Zoning By-law Amendment Application ZBA25/016/W/BB requesting to amend Zoning By-law 2019-051 for 2394608 Ontario Inc. be approved in the form shown in the `Proposed By-law' and `Map No. 1', attached to Report DSD -2025-370 as Attachments 'Al' and `A2', BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment Application for the subject lands located at 137 Woodhaven Road. It is Planning Staff's recommendation that the Zoning By-law Amendment Application be approved. • The proposed amendment would rezone the subject property from `Low Rise Residential Two Zone (RES -2)' to `Low Rise Residential Four Zone (RES -4)' to permit the use of the property for a semi-detached dwelling whereas the 'RES -2' zone does not permit a semi-detached dwelling. • The new semi-detached dwelling would meet all the regulations in the 'RES -4' zone and no site-specific regulations would be required. • The owner proposes to demolish the existing duplex dwelling and construct a new semi-detached dwelling with four (4) additional dwelling units (ADUs) (attached) for a total of six (6) units. A future Consent application is proposed to divide the property into two (2) separate and conveyable lots so that each property will contain three (3) dwelling units each. • The demolition and construction will result in the displacement of existing tenants. The City's Rental Replacement By-law does not apply as there are two existing dwelling units proposed to be demolished and the By-law only applies where there are 6 or more units being demolished. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 40 of 295 • Community engagement included: o circulation of a preliminary notice postcard to property owners and residents within 240 metres of the subject site, newspaper ad and posting on City's website; o installation of a billboard notice sign on the property; o Neighbourhood Meeting held on July 22, 2025; o follow up one-on-one correspondence with members of the public; 0 on-site meeting on September 17, 2025; and o Notice of the public meeting was published in The Record on October 3, 2025. • This report supports the delivery of core services. • This application was deemed complete on June 23, 2025. The applicant can appeal the application for non -decision after September 21, 2025. EXECUTIVE SUMMARY: The owner of the subject lands, addressed as 137 Woodhaven Road, is proposing to change the zoning on the subject lands from `Low Rise Residential Two Zone (RES -2)' to `Low Rise Residential Four Zone (RES -4)'. This will facilitate the redevelopment of the site with a semi-detached dwelling with attached ADUs. Staff are recommending that the application to amend the zoning of the subject property be approved as recommended. REPORT: The subject property is legally described as Lot 39 Registered Plan 849 in the City of Kitchener and addressed as 137 Woodhaven Road. The property is located on the south side of Woodhaven Road (see Figure 1). The subject site is in the Vanier Neighbourhood and is approximately 400 metres north of Fairway Road South, which is a commercial corridor and Protected Major Transit Station Area. The Fairway ION transit station stop is within walking distance, located at Fairview Park Mall. i SUBJECT AREA k Figure 1 — Location Map Page 41 of 295 The lot is 582 square metres in area with a lot frontage of 15.85 metres along Woodhaven Road. The subject site (outlined in red in Figure 2 below) contains a duplex dwelling, originally constructed as a detached home in late 1950's and converted to a duplex in 2019. The subject site is within an established residential neighbourhood. The surrounding land uses consist primarily of low density residential, containing a broad mix of single detached dwellings, semi-detached dwellings and low-rise apartment buildings (see Figure 3). Approximately 360 metres southwest is a mix of high density residential in the form of high-rise apartments and commercial uses in the form of restaurants, movie theatres, medical offices, grocery stores, a variety of shopping centres, and the Fairway ION transit station. Figure 4 identifies single and semi-detached dwellings within close proximity of the subject property. Figure 2 — Aerial Photo of Subject Property Figure 3 — Surrounding Land Use Map (Source: SBM Ltd., 2025) Page 42 of 295 Figure 4 — Single and Semi-detached Dwelling Areas The applicant is proposing to construct a new semi-detached dwelling containing two (2) additional dwelling units (ADUs) (attached), for a total of 6 new residential dwelling units (see Figure 4). The existing duplex dwelling is proposed to be demolished and the owner has advised that the current tenants will be displaced as a result. The owner has indicated that notice will be provided in accordance with the Residential Tenancies Act. The Owner has advised staff that upon completion of the new dwellings, currents tenants will be offered to move into a new unit at the same rental rate. The demolition of the duplex is not subject to the City's Rental Replacement By-law because the demolition of less than 6 dwelling units is exempted. A future Consent application will be submitted to sever the subject property into two separate and conveyable lots each having approximately 7.5 metres of lot width. Each lot would be serviced independently and contain a semi-detached dwelling with two ADUs (attached) per side, for a total of six dwelling units. The proposed site plan provided in Figure 5 below shows the proposed severance line and the proposed footprint. The new building is proposed to have front porches, a single width driveway for each side with parking for 2 vehicles in tandem, and a rear yard deck with access to a rear yard amenity area. The design of the proposed building and location of the driveways will allow for the retention of the existing boulevard tree. Page 43 of 295 �ww� i`,�,yiod�uT✓d r�fl�� "4 _ Z ............ .......... ... _..... u� �w a; a I � la,�wcrimT w��uuuni � r V' (Rdaiined] 9, Oevafe�dl :� Ylki . WYmrvN d El' n Y. nWl.{IIYj P J �II III���777MMMi� A 4k ^r � 1 i mum," i �M. Figure 5 — Proposed Site Plan of the Semi -Detached Dwelling Figures 6, 7 and 8 below, show the proposed conceptual building elevations. Figure 5 is the front view. Note the front porches and lower pitch line of the roof. The height is proposed to be 9 metres (29 feet) and two (2) storeys, in accordance with the maximum permitted height regulation based on the established height of the adjacent buildings. Page 44 of 295 Figure 6 - Proposed Front View of the Semi -Detached Dwelling Figure 7 — Proposed Side View of the Semi -Detached Dwelling In Page 45 of 295 a Figure 7 — Proposed Side View of the Semi -Detached Dwelling In Page 45 of 295 Figure 8 - Proposed Rear View of the Semi -Detached Dwelling Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Planning Statement, 2024, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Planning Statement, 2024 and to ensure Provincial policy is adhered to. Page 46 of 295 Provincial Planning Statement, 2024: The Provincial Planning Statement (PPS), 2024 is a streamlined province -wide land use planning policy framework that replaces both the Provincial Policy Statement, 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while building upon housing -supportive policies from both documents. The PPS 2024 came into force on October 20, 2024. According to the Province, the PPS 2024 provides municipalities with the tools and flexibility they need to build more homes. It enables municipalities to: • plan for and support development, and increase the housing supply across the province • align development with infrastructure to build a strong and competitive economy that is investment -ready • foster the long-term viability of rural areas • protect agricultural lands, the environment, public health and safety Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promote planning for people and homes and supports planning authorities to support general intensification and redevelopment while achieving complete communities by accommodating an appropriate range and mix of land uses, housing options, transportation options with multimodal access, employment, public service facilities and other institutional uses, recreation, parks and open space, and other uses to meet long-term needs. Section 2.2.1 requires that Planning authorities provide for a range and mix of housing options and densities to meet projected needs of current and future residents. One way this is accomplished is by "permitting and facilitating: 1. all housing options required to meet the social, health, economic and wellbeing requirements of current and future residents, including additional needs housing and needs arising from demographic changes and employment opportunities; and 2. all types of residential intensification ... for residential use, development and introduction of new housing options within previously developed areas, and redevelopment, which results in a net increase in residential units... In this regard, Development and Housing Approvals (DHA) staff is of the opinion that the requested amendment is consistent with the PPS 2024; it will facilitate a gentle residential intensification of the subject property with a compatible built form. Regional Official Plan (ROP): The Region of Waterloo is an upper -tier municipality without planning responsibilities. The More Homes Built Faster Act, 2022, amended the Planning Act by transferring planning responsibilities from upper -tier governments across the Province, including the Region of Waterloo to local municipalities. The Region is responsible for commenting on the infrastructure and service delivery that the Region of Waterloo delivers to the community, such as Public Health and Paramedic Services, Affordable Housing, source water protection, water and wastewater infrastructure, transit and transportation, waste management, and the Region of Waterloo International Airport. As a result, the Region no longer has a ROP as it is now an Official Plan for area municipalities who are responsible for implementation of the ROP until it is repealed through a future Area Municipal planning exercise. Page 47 of 295 For purposes of this application, Regional staff have provided their comments which have been consideration in the formation of the planning recommendation of the subject applications. The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP). Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area and the proposed development conforms to Policy 2.F of the ROP as the proposed development will support the achievement of the minimum intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. The Region of Waterloo have indicated they have no objections to the proposed application. (Attachment `D' The proposed development conforms the ROP, since the proposed development helps to achieve the planned intensification target. Moreover, the proposed built form provides a mix of unit types and is appropriately located in which growth can be located close to transit and active transportation services and infrastructure. In addition, Chapter 3 of ROPA 6 establishes policies for housing in the region. The proposed development meets the intent of these policies City of Kitchener Official Plan (OP) Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. The subject property is identified on Map 2 — Urban Structure of the City's Official Plan (OP) as `Community Areas'. The OP states that "The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas." This urban structure component allows for limited intensification in accordance with the applicable land use designation and the Urban Design Policies in Section 11. In addition, "development must be sensitive to and compatible with the character, form and planned function of the surrounding context." The subject proposal would assist in achieving the planned function by facilitating a gentle residential intensification that is sensitive to and compatible with the surrounding context. The requested amendment would facilitate low rise residential development that is compatible in lot area, lot width, lot coverage, height and setbacks with the surrounding neighbourhood. DHA staff is of the opinion that the requested amendment will support redevelopment that conforms to the City's `Community Areas' policies. Housing Policies The City's Official Plan contains numerous housing -related objectives and policies that apply to the subject proposal, for example: Page 48 of 295 4.1.1. To provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. 4.1.5. To encourage and support the retention and rehabilitation of older housing or the reconstruction of existing housing to maintain the housing stock and the stability and community character of established residential neighbourhoods. 4.C.1.6. The City will identify and encourage residential intensification and/or redevelopment, including adaptive re -use and infill opportunities, including additional dwelling units, attached and detached, in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs by minimizing land consumption and making better use of existing community infrastructure. 4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Page 49 of 295 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. DHA staff is of the opinion that the requested amendment would allow gentle intensification (infill development) that respects the existing character of and is compatible with the surrounding neighbourhood. The proposal would facilitate a semi-detached dwelling use on Woodhaven Road that is largely comprised of single storey detached dwellings, offering greater housing choice. The broader Vanier neighbourhood contains many semi-detached dwellings. Moreover, the proposal is serviceable, functional and driveways are provided to accommodate two parking spaces in tandem for a total of 4 parking spaces (one per unit). Building height has been lowered to 9 metres (2 storeys) to respect existing one storey bungalows of the area and regulatory setbacks have been met to maintain the rhythm and pattern of the street. More discussion on this matter is found in the Urban Design section of this report. DHA staff is of the opinion that the requested ZBA supports intensification that conforms to the City's Housing policies. Land Use Designation The subject property is designated `Low Rise Residential' in the City's Official Plan (Map 3 — Land Use). Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings shall exceed 3 storeys or 11 metres in height. No Official Plan amendment is required to implement the proposed zoning. DHA staff is of the opinion that the requested Zoning By-law Amendment will facilitate a housing form that conforms with the Low Rise Residential land use designation in the City's Official Plan. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. In regard to alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. The proposed development aims to increase density on an existing site that is served well by public transit, with access to Grand River Transit bus and ION transit. Cycling infrastructure is nearby and includes dedicated bike lanes on Wilson Avenue. Staff is of the opinion that the requested Zoning By-law Amendment conforms with the transportation policies of the City's Official Plan. Page 50 of 295 Urban Desian The City is committed to achieving a high standard of urban design, architecture and place -making to positively contribute to quality of life, environmental viability and economic vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings; and it also considers the functionality and compatibility of development as a means of strengthening complete communities. The City will require high quality urban design in the review of all development applications through the implementation of the policies of the Official Plan and the City's Urban Design Manual. The proposed development concept orients building massing and unit entrances towards the street line along Woodhaven Road. This is consistent with the existing pattern of low rise development. Height is limited to two storeys and 9 metres and the design shows a lowered pitched roof line to respect the existing bungalows on Woodhaven Road. A single wide vehicle driveway to each side of the semi-detached dwelling is proposed without an attached/detached garage. This is consistent with the surrounding properties. The proposed driveways are offset, rather than paired up, to provide soft landscaping in the front yard to break up the hard surface asphalt areas and to preserve the boulevard street tree. This is similar to the existing pattern and rhythm of development. City-wide policy and zoning generally support building heights of up to 3 storeys and 11 metres for low rise residential areas. However, the proposal is 9 metres and 2 storeys aligns with central area neighbourhood zoning regulations, applied where adjacent dwellings are 6 metres or less in height (see Figure 9). 133 Woodhaven Road 137 Woodhaven Road 141 Woodhaven Road Figure 9 - Height and Spacing Relationship between Semi and Adjacent Dwellings (Source: SBM Ltd., 2025) Height, massing, side yard setbacks and roofline transition positively to adjacent single storey homes as shown in Figure 9 above. Front, side and rear yard dimensions respect the established rhythm and pattern along with consistent building placement and orientation. Figure 6 shows window placement along the sides of the semi that are oriented more towards the front half of the semi. Retention of trees in the rear yard are proposed and adequate private amenity space behind the dwelling is being provided. The driveways are offset to maintain an existing boulevard tree to maintain the treed nature of the streetscape. In the opinion of DHA staff, a semi-detached dwelling with attached ADUs Page 51 of 295 at this location will add more dwelling units without changing the essential low rise residential character of the neighbourhood. The proposed building will have a similar look and feel of the existing streetscape, while increasing density and housing variety. Policy Conclusion DHA staff are of the opinion that the proposed Zoning By-law Amendment Application is consistent with policies of the Provincial Planning Statement, conforms to the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051. This zone permits single detached dwellings with up to 3 ADUs for a total of 4 dwelling units on a subject property. While the Official Plan broadly permits semi-detached dwellings in all low rise residential areas, each parcel must comply with the applicable zone category in the Zoning By-law. In Kitchener's Zoning By-law 2019-051, a semi- detached dwelling is a permitted use in 3 of the 5 low rise residential zone categories, being RES 3, RES -4, and RES -5. The existing `RES -2' zoning of the lots along Woodhaven Road is reflective of the existing single detached dwelling pattern of development. As the Official Plan allows semi- detached dwellings, an Official Plan amendment is not required. The applicant has requested to change the zoning to `Low Rise Residential Four Zone (RES -4)'. The requested change in zone category is to permit the proposed use of a semi- detached dwelling. The RES -4 zoning regulations require a lot width of 7.5 metres for each side of a semi-detached dwelling. This lot width is achieved given the lot width of the property. The front yard setback and building height are further regulated through the Established Neighbourhoods regulations. The proposed building height and front yard setback are met. No site-specific zoning regulations to the RES -4 zone are being requested or recommended. The required side yard and rear yard regulations are also met. ADUs are permitted as a use in all residential zone categories across the City. The Planning Act requires a minimum of three dwelling units per serviceable residential lot Province -wide, where the City of Kitchener permits four units per lot City-wide. The existing RES -2 zone permits up to 3 ADUs (attached) within a single detached dwelling (4 dwelling units in total) provided the regulations can met. Should the zoning be amended and a Semi -Detached Dwelling be permitted for the subject lands. the proposal would meet the ADU regulations without seeking any relief from the RES -4 zoning regulations. ADU on-site vehicle parking regulations for the property are regulated by `Appendix E' of Zoning By-law 2019-051, being properties within 800 metres of LRT Station. Properties that are within this area require a minimum of one parking space for the principal dwelling plus one (1) parking space for two (2) ADUs. As a result, two vehicle parking spaces are required for each half of the semi-detached dwelling with 2 ADUs. Each semi-detached dwelling will have a single wide driveway that can accommodate 2 parking spaces in tandem. This would comply with Zoning By-law. Department and Agency Comments: Page 52 of 295 Circulation of the Zoning By-law Amendment application was undertaken in June 2025 to all applicable City departments and other review authorities. No major concerns were cited. Copies of the comments are found in Attachment `C' of this report. The following Reports and Studies were considered as part of this proposed Zoning By- law Amendment Application: • Planning Justification Report • Site Plan with Building Elevations • Tree Management Plan with Landscape Plan • Building Elevations • Functional Servicing Report • Sustainability Statement • Notice of Source Protection Plan Compliance (Section 59 Notice) WHAT WE HEARD Concern with the DHA utilize a digital meeting platform for the first engagement � 23 people provided written comments to the circulation in format, in person June/July 2025. preference A City -led Neighbourhood Meeting was held on July 22, 2025, and ® approximately 40 were in attendance. There was a shared viewing event where the meting was streamed with additional participants. In addition to the Neighborhood Meeting, an on-site meeting was held on September 17, 2025. members who may otherwise not be able to attend an in-person �i 446 households (occupants and property owners) were circulated and notified Staff received written responses from 23 residents with respect to the proposed application in the circulation. These are included in Attachment `D'. A Neighbourhood Meeting was held on July 22, 2025. In addition, staff had follow-up one-on-one correspondence with members of the public. Staff also held an on-site meeting on September 17, 2025, at the request of the Ward Councillor. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Concern with the DHA utilize a digital meeting platform for the first engagement virtual meeting for all development applications within weeks of receiving an format, in person application. There were additional opportunities to participate preference both in writing and in person. DHA offer a variety of engagement options to try to reach as many members of the community. The presentation recording is posted on the City's website so that anyone with internet access can review these materials at anytime, providing accessibility to community members who may otherwise not be able to attend an in-person format. Page 53 of 295 Page 54 of 295 The statutory public meeting (PSIC) and Council meeting are both in person meetings that are open to the community to attend. For the informal public meeting, staff arranged for a meeting room at Kingsdale CS where those individuals could watch the virtual presentation with the Ward Councillor. Further, a follow up on-site meeting was also held. Neighborhood Staff agrees that the existing RES -2 zoning reflects the existing Character and single detached nature of the immediate area. Official Plan Zoning policies permit a land use pattern that provides a mix and Compatibility variety of low-rise building typologies in residential neighbourhoods that include single detached dwellings, semi- detached dwellings, townhouses and ADUs to offer choice and variety of housing. A semi-detached dwelling with ADUs is considered gentle intensification — the proposed building is similar to the look and feel of a traditional semi-detached dwelling. The proposal is a way to introduce density and variety in a compatible low rise form. Orientation, height, window placement, driveways etc. have been designed to enhance compatibility, retain vegetation and transition to adjacent dwellings. Precedent Setting: Each application is evaluated on its own merits. The Vanier neighbourhood does contain a mix of uses, lot sizes, and building typologies. There are existing townhomes, apartments, semi-detached dwellings, and single detached dwellings throughout the Vanier neighbourhood. Introducing a semi- detached dwelling at the subject location would not be out of character for the area. The Low Rise Residential land use designation contemplates the use of semi-detached dwellings on residential lands, and the lot is of a sufficient size to accommodate this type of intensification without the need for site-specific zoning regulations. No site specific regulation is requested to the RES -4 zone and the Established Residential zoning regulations for setback and height are met. Ward 3 has already Table 1 below shows building permit activity from 2019-2025 for absorbed a ADUs across the City. This data from staff report DSD2025-411 significant share of shows a relatively even distribution of building permit activity of the city's housing ADUs throughout the city. Vanier's perrmit activity is consistent intensification with many other neighbourhoods of the city over this time efforts. period. Page 54 of 295 Year Duplex (tl ADU attached) Triplex (2 ADUs attached) F'ourplex (4 AIDUs attached) BackyardHome (11 — 2 ADUls detached) 2019 261 (211 uniuls; 3 (6 units) 'l (t �ut7it 2020 276 (285 units) 6 (9 units) - 20211 368 (381 units) 9 (716 units) 1 (t UTA!* 4 (4 units) 2022 5717 (542 units) tib (11 units) - 14 (14 units) 2023 646 (674 units) 26 (29 units) 3 (6 units) 27 (27 units) 2024 569 (545 units) 28 (40 units) 14 (36 units) 2.11 (22 units) 2025 (Jan- Jun) 235 (245 units) til (26 units) 8 (24 units) 15 (18 units) Table 1. Ptmulidiliing permits Issued for Additional (Dwelling Unuits In Kltclhrener, 2019-2U25 a building permit caro Iincdude several) units. The inumilber In brackets !indicates, the number Of units cueatedl. built asa muulltiiplbe dwelling ratthierthan a siingille with ADUs Page 55 of 295 Page 56 of 295 Permits Issued Adu ('4v) Duplex (2,008) Triplex (48) Fourplex (5) �.I bye, I r U,m �fi w/ r� & II"(� ( 1/ ('✓I t! f IIIIIIIIIIIIIIIIIIIIIIIIIIIII \/yF� J i W ID „e ,/r t z �Jr. lr .�, A�"i,J;.wuV "•� "a�or��Ir� �1 ll/ Vanier � ra U� oIf r i roll..? y "rwd /rl 110 r/ r r ti r of a A r u (g ry l � ( � ��� ( rr In �:� I ✓;, '' r 1� r d P Ji",f gra' ,..... P Y 1010(q, ��lN yf f I 6 4r The development It is staff's understanding that there are many factors that can into a street of affect property value. For purposes of assessing a zoning by - single -storey, law amendment, however, impact on property values is not a bungalow homes test under the Planning Act. Planners assess the merits of a may have a negative zoning by-law amendment against planning principles such as impact on policy direction, compatibility, functionality of the site, design surrounding and mitigation and serviceability. property values. Privacy and Official Plan policy in the Low Rise Residential land use Shadowing designation permit building heights of a maximum of 3 storeys Concerns and 11 metres. The proposed semi-detached dwelling under consideration is 2 storeys and 9 metres in height. It is context sensitive because the property it is within an Established Neighbourhood, identified in the Zoning By-law, and is flanked by bungalows that are 6 metres in height. Setback from the street line is consistent with the existing pattern of the adjacent dwellings as shown below. The semi-detached dwelling extends further back in the property, but it is located within allowable zoning setbacks. This situation is no different than if one were to Page 56 of 295 Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment application. Staff is of the opinion that the subject application is consistent with policies of the Provincial Planning Statement, conforms to the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide gentle intensification that helps to address a need for housing in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. Page 57 of 295 construct a rear yard building addition. As a result, staff do not have concerns with privacy or shadow impacts. Insufficient Number Given the location of the subject property being within 800 of Parking Spaces metres of the ION, Appendix `E' of Zoning By-law 2019-051, a Provided minimum of two parking spaces is required (and provided) for each half of the semi-detached dwelling. One (1) parking space is required for the principle dwelling and one is required for the two ADUs, for a total of two (2) parking spaces per each half of the semi-detached dwelling. These two (2) parking spaces can be accommodated in the proposed single -wide driveways with a tandem parking design. Therefore, from a zoning perspective, the required parking is achieved. Justification for Re- The Official Plan generally supports the inclusion of semi - zoning given that detached dwellings and ADU's within those areas of the City there are already that are designated Low Rise Residential. This report has several high-density demonstrated that a re -zoning would be appropriate given projects nearby policy direction and the fact that the building design is functional, serviceable and of at a height and scale that fits in with the surrounding neighbourhood. The site is within walking distance to a rapid transit station stop and shopping, which helps support gentle intensification at this location. Impact on services Engineering has reviewed the Preliminary Servicing Report in and infrastructure support of the application and have expressed no concerns. Adequate servicing capacity exists to support the proposed development. One of the objectives of infill development is to better utilize existing municipal services. How will garbage be According to the Region's Waste By-law, because this addressed? development will have 6 units, this property will be eligible for municipal pick up at the end of the driveway. Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment application. Staff is of the opinion that the subject application is consistent with policies of the Provincial Planning Statement, conforms to the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide gentle intensification that helps to address a need for housing in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. Page 57 of 295 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. Notice of the Statutory Public Meeting was also posted in The Record on October 3, 2025 (a copy of the Notice may be found in Appendix `C' CONSULT — The proposed Zoning By-law Amendment Application was circulated to residents and property owners within 240 metres of the subject lands. Any written comments received have been included in the staff report. A virtual Neighbourhood Meeting was held in July 2025. A follow up on-site meeting occurred in September 2025. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina - Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment Al — Proposed By-law Attachment A2 — Map No. 1 Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Attachment D — Neighbourhood Comments Page 58 of 295 Attachment 'B' — Proposed By-law PROPOSED BY — LAW , 2025 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a By-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — 137 Woodhaven Road - 2394608 Ontario Inc.) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 196 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from `Low Rise Residential Two Zone (RES -2)' to `Low Rise Residential Four Zone (RES -4)'. PASSED at the Council Chambers in the City of Kitchener this day of 2025. Mayor Clerk Page 59 of 295 Z W Z Q W Z IN w W Z O O Q O O Z IN ON z IN W IN ❑ O OLu O o j WD H OLL Z QLL IN w Z W H Q Q Q N Z Q z LU O U) 0 N Z Z Z Z L W W Q ❑ Z Z O W W W W uJ of IN W W❑❑❑ fq W ❑ B O O to w Z T W W W N N W0 M 0 co � J ol� cl� Of Q U¢ Q Q¢ o =O U_ cW/) � Q H d W U a r d a z z z z a) C° W' a' a' Z 00 z R ,,;WUcnwWLuLu 00 2 J Z❑❑ Q N V LL, LU CID CD g O >� O J N> 2 LJ 0 0 0 O ❑ d W W W W ?� Z J J J cu c m LU w wp- O Z XN w W 6 0 J U a O J to guj j W Z d'WOW QQLL � CV 7 1 r 6P > W W W mUaaof���mz�EE W �2 w❑a= Z IL i LU O V4 _b ib uuuuuuumuuuuuuu TIy O Q m C) N wma x LL O ❑ O Q N�(y Q co N L W M W Q W } Z 00 O z LU CID CD LO N z Q LU w wp- O Z XN Q L 0- guj j W Z N Q Z W �2 w❑a= Z H ONcnOY LU 0 W 2 Z W Qw LU 0 p > Q (n L> z H N V ti 00 N J QW a LU d U 110m } O U (, J Q w U ❑ V N O Li - O N O N o M N co ui m p N N W p O LU 00 H 0 - U LO) ui O W J Q W H C) o U C) r _Z 0� ■ 0 Z O W Z 2 a Z O p O Q C) O co M CO N w N 4- 0 O CD I..L NOTICE OF PUBLIC MEETING for a development in your neighbourhood 137 Woodhaven Road Concept Drawing IL II ".a .i # i r°ir i d :: i ��� �.n ly.i e,(J MS..i. II° ,:#Il11u 'witi.12 �1111)1,..J e a c I["', i t a[ is Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: October 27, 2025 Location: Council Chambers, Kitchener City Hall 200, King Street West rVirtual Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Brian Bateman, Senior Planner brian.bateman@ kitchener.ca 519.783.8905 The City of Kitchener will consider a Zoning By-law Amendment Application (ZBA) to change the zone category from `Low Rise Residential Two Zone (RES -2)' to `Low Rise Residential Four Zone (RES -4)' for the property located at 137 Woodhaven Road. This zone category will facilitate the redevelopment of a Semi -Detached Dwelling where the `RES -2' Zone does not permitthe use of a Semi -Detached Dwellinpl. The f nerwishes to build a Semi Detached Dwellingwith 2 Additional Dwellin ,�1� (20&rhed) per g*�� side for a total of 6 dwelling units. Ell June 24, 2025 Van Harten Land Surveyors & Engineers Brett Pond 2106 Gordon Street Guelph, ON N 1 L 11-8 Dear Mr. Pond ENGINEERING DIVISION Niall Melanson, C.E.T. Project Manager 200 King St. W. — 9t" Floor Kitchener, ON N2G 4G7 Phone: 519-783-8444 niall.melanson@kitchener.ca Re: 137 Woodhaven Road, ZBA25/016/W/BB - 1St Submission Engineering Comments City of Kitchener The following comments are specific to the Van Harten Functional Servicing Report. The Civil Drawings have been used as a reference, but no comments related to the drawings are provided. Sanitary Design: 1) Note that the City's zoning bylaws have changed and Table 4 Residential Zoning Criteria, from the Development Manual is out of date. Reference to Section C.1.7 in from the City's Site Plan Engineering Guidelines should be used. RES4 = 143peo/ha. Please update the Sanitary Design Flow Calculation and Section 5 of the FSR. Watermain Design: 2) Given the scope of this design Kitchener Utilities has confirmed the information provided in the FSR is acceptable. General: 3) There appears to be a potential low spot in the neighbouring property at 133 Woodhaven Road. It is recommended that the site be provided with storm service connections for anticipated sump pump connections and roof water downspouts be directed to Woodhaven Road to the greatest extent possible. Please make the requisite revisions and resubmit one (1) copy of same for review at your earliest convenience. Along with the revised submission, please submit a letter addressing the City's concerns and the changes made to the design. Sincerely, Niall Melanson, C.E.T. Project Manager Page 62 of 295 Project Address: 137 Woodhaven Road Application Type: Zoning By-law Amendment ZBA25/016/W/BB Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.musselman@kitchener.ca Phone: 519-783-8940 Date of Comments: July 14, 2025 1. Plans, Studies and Reports submitted as part of a complete Planning Act Application: • Arborist Report, prepared by P & A Urban Forestry Consulting Ltd., dated Feb. 7, 2025. 2. Site Specific Comments & Issues: I have reviewed the report/plan noted above to support a zoning bylaw amendment that would permit building a semi-detached dwelling with two additional dwelling units (attached) per side, and note: • There are no natural heritage features or functions of local, Regional, Provincial, or national significance on, or adjacent to the subject property. • Two trees are located in the rear yard and one tree in the boulevard in front of the existing house. • The arborist report notes one tree in the rear yard (spruce in good/fair condition) will need to be removed to facilitate the proposed development. • The boulevard tree and the other tree in the rear yard (sugar maple in fair/poor condition) can remain and should have tree protection fencing installed to protect them during construction. Environmental Planning staff can support the Zoning By Law Amendment. To compensate for the loss of the spruce tree it is recommended that replacement trees be installed once construction/site grading has been completed. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 63 of 295 Brian Bateman From: Jennifer Arends Sent: Wednesday,July 2, 2025 2:12 PM To: Brian Bateman Subject: FW: Circulation for Comment- 137 Woodhaven Road (ZBA) Attachments: department agency letter- 137 Woodhaven Road.pdf Hi Brian, No concern with the change in zoning. Please provide the applicant with a link to I1 IIiM11&tli:lh� " „II /Illm ll Ir � IL,:III_ 'so ensure they have appropriate access to the rear doors if that is where additional units have their fire access. It's just not clear from their plans were all the unit entrances are. Thank you, Jennifer Arends Fire Prevention Officer I City of Kitchener 519-783-7983 I "eirnrniifeir„arerndskiitclhener„ca From: Fire Prevention (SM) <FirePrevention@kitchener.ca> Sent:Tuesday,June 24, 2025 1:32 PM To:Jennifer Arends<Jennifer.Arends@kitchener.ca> Subject: FW: Circulation for Comment- 137 Woodhaven Road (ZBA) Dave Heuchert, CET, Cli Chief Fire Prevention Officer I Fire I City of Kitchener 519-783-8707 I doge;,,Iht uclheirt„ Ikiitclherneir..ca From: Christine Kompter<Chr-irstiiiea Koyn at:eu,�@Ikitc�h(::re:-.ca> Sent:Tuesday,June 24, 2025 9:37 AM To:—DL—Team—DSD-Planning<11"eairnDSLn- Bell <!Jr:;:,ulad(.)ns(@lbed llxa>; Darren Kropf <IDaarreDave Seller<Q_gve.Sellller >; David Paetz<IC9aravfd.lPaaet:z@) >; Enbridge- Lewis Oatway<IleSubdivisions (SM) <,!�jr,ulk:aJuvisio ns(E)IkGt:r:lheu eu.r: >; Enova Power Corp. -Greig CameronEnova Power Corp. -Shaun Wang <slhaau.ain.vraain a(Pei,.na:avaa owaoaaair.n::anirrn>; Fire Prevention (SM) <IRire Preveintiia°nii@Idt::ahe iner.r:-1>; French Catholic School Board < allaairnulucaatii¢)n(E)cs cin°nr:airnaaare.umfiir.r;:n>; Grand River Hospital -Sylvia Rodas >; GRCA- Planning (arollaairnrniirnr CWLsiraaindiruarer.a.:aa) <p Iaairnraurn7@)a uranu°nciriivoir.a:aa>; Landuse Planning<Ilgandua^aa:n.allarnirfir�dira.naainan.r.:a:airrn>;Justin Readman >; Katherine Hughes >; Mike Seiling <IIMIllke.5r=eulhir (@kita:Iheirno-rauj4.caa>; NavCAN <¢,cairnirnneirliaalliellaa1Jonna@naavr:aairnaadaaxaa>; Ontario Power Generation <IE� ana:udlva=av mllaavaaairaddevellra srnrinrn�(@)osama: uirmn>; Park Planning (SM) <Eaark.IP arnnuirn >; Planning Applications <p laararnGrn d u llua:aat:...Li Aioirno1'waateir1a:aaa.r:aa>; Region of Waterloo International Airport < allaalir ararta:°rant:r Gaa;t:ion $arrg m israuafvaal:ei llaurn.r as>; Property Data Administrator(SM) < ru:a aaatzaA�ii nniirn tttakita.11na^inerm¢::aa>; 1 Page 64 of 295 Rogers <sw ggr-,a)er::°d�u�h�� @rc;lieir��:7�;�:����.��;orn>; Stefan Hajgato < t �f:,:u Wi i t p� l<ut::;;lh: u� iru �� � >; Sylvie Eastman <" IIimEia>:uiian��llita:Irinni iiM i;i>; UW-WUSA (Peds) (:¢>(��nru>: Viamonde School Board - Daniel Stojc <i ,t �>; WCDSB -Planning <IWRDSB -Planning Cc: Brian Bateman <Bu� ri.Bati iiyiai i 6ikill(ll-ieiieii"mc�<-i> Subject: Circulation for Comment - 137 Woodhaven Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 25 116301 (City staff) and ShaireFiLe (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (Il:)ir,ia ii,).lbatell'Tlaii-i@�k1tc I�ieii,ieir ca; 519-783-8905). Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6t' Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-783-81471 TTY 1-866-969-9994 1 christine.kompter kitchener.ca Illll/li Page 65 of 295 Brian Bateman From: Sylvie Eastman Sent: Tuesday, June 24, 2025 1:28 PM To: Christine Kompter; Brian Bateman Subject: RE: Circulation for Comment - 137 Woodhaven Road (ZBA) No concerns for gas Thanks, Sylvie (she/her) 519-783-8757 (office) 519-498-9553 (mobile) Please respond to non -emergency messages within your normal working hours. From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, June 24, 2025 9:37 AM To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell <circulations@bell.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Enbridge - Lewis Oatway <lewis.oatway@enbridge.com>; Subdivisions (SM) <Subdivisions@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower. com>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French Catholic School Board <planification@cscmonavenir.ca>; Grand River Hospital - Sylvia Rodas <Sylvia.Rodas@grhosp.on.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Landuse Planning <landuseplanning@hydroone.com>; Justin Readman <Justin.Read man@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; NavCAN<commercialrelations@navcanada.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Planning Applications <planningapplications@regionofwaterloo.ca>; Region of Waterloo International Airport <polairportconstruction@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Rogers <swogr-permits@rci.rogers.com>; Stefan Hajgato <Stefan.Hajgato@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School Board - Daniel Stojc <stojcd@csviamonde.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - 137 Woodhaven Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 25 116301 (City staff) and ha ireR[e (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (Ibir6aii-n.lb Jterna iii@lk1l;c�meirmei� ,.cap; 519-783-8905). Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6' Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-783-81471 TTY 1-866-969-9994 1 christine.kompter(a-)kitchener.ca Page 66 of 295 Brian Bateman From: Trevor Heywood < theywood @grand river.ca > Sent: Tuesday, June 24, 2025 11:57 AM To: Brian Bateman Subject: Re: Circulation for Comment - 137 Woodhaven Road (ZBA) Hi Brian, This is not regulated by the GRCA and we have no comments. Regards, I iirevoiir III°leywood I[::3„Sc„(I[:::::nv„) F aes ::urce IRllaa:iruiru<pir (m'irairrd IF.liver Ccirriseirvatlioni Au.Atll°rl I� ity 400 Clyde Road, PO Box 729 Cambridge, ON N1R5W6 Phone: 519-621-2761 ext. 2292 Email: theywood@grand river. ca :.9.ir lr1 !Jv lr.,..�:~ . .g1.... iit..........u...._a.in..... o hall meadia From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: June 24, 2025 9:37 AM To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell <circulations@bell.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Enbridge - Lewis Oatway <lewis.oatway@enbridge.com>; Subdivisions (SM) <Subdivisions@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower. com>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French Catholic School Board <planification@cscmonavenir.ca>; Grand River Hospital - Sylvia Rodas <Sylvia.Rod as@grhosp.on.ca>; Planning <planning@grandriver.ca>; Landuse Planning <landuseplanning@hydroone.com>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; NavCAN<commercialrelations@navcanada.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Planning Applications <planningapplications@regionofwaterloo.ca>; Region of Waterloo International Airport <polairportconstruction@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Rogers <swogr-permits@rci.rogers.com>; Stefan Hajgato <Stefan.Hajgato@I<itchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School Board - Daniel Stojc <stojcd@csviamonde.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - 137 Woodhaven Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 25 116301 (City staff) and &ha ireFiLe (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner ( airiiairi.lba;teir-rrur ir°u@�l<it,-,I[-iei; m ir.ca; 519-783-8905). Page 67 of 295 Brian Bateman From: Deeksha Choudhry Sent: Thursday, June 26, 2025 2:18 PM To: Brian Bateman Subject: Fw: Circulation for Comment - 137 Woodhaven Road (ZBA) Attachments: department agency letter- 137 Woodhaven Road.pdf Hi Brian, No heritage comments or concerns for this application Thanks, Kind Regards, Deeksha Choudhry, MSc., SES Heritage Planners Development and Housing Approvals Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 Phone: 519-783-8906 E-mail: deeksha.choudhry(&kitchener.ca i 11 iitcll eineii°.caC ireati ["Iiac - Open until April 30th From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, June 24, 2025 9:37 AM To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell <circulations@bell.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Enbridge - Lewis Oatway <lewis.oatway@enbridge.com>; Subdivisions (SM) <Subdivisions@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower. com>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French Catholic School Board <planification@cscmonavenir.ca>; Grand River Hospital - Sylvia Rodas <Sylvia.Rod as@grhosp.on.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Landuse Planning <landuseplanning@hydroone.com>; Justin Readman <Justin.Read man@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; NavCAN<commercialrelations@navcanada.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Planning Applications <planningapplications@regionofwaterloo.ca>; Region of Waterloo International Airport <polairportconstruction@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Rogers <swogr-permits@rci.rogers.com>; Stefan Hajgato <Stefan.Hajgato@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School Board - Daniel Stojc <stojcd@csviamonde.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Page 68 of 295 Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - 137 Woodhaven Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 25 116301 (City staff) and &hair Fiiil (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner 519-783-8905). Christine Kompter Administrative Assistant I Development Services Department - Planning I City of Kitchener 200 King Street West, 6t' Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-783-81471 TTY 1-866-969-9994 1 christine.kompter(a)kitchener.ca /Himizz X14-MIA Page 69 of 295 Brian Bateman Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Bateman, PLANNING, DEVELOPMENT & LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 Re: Zoning By-law Amendment ZBA25/013/S/AP 137 Woodhaven Road 2394608 Ontario Inc. City of Kitchener www. regionofwaterloo.ca Matthew Colley: 519-577-6241 August 6, 2025 Regional staff have received a zoning by-law amendment (ZBA) application pertaining to 137 Woodhaven Road to change the zone category from Residential -2 to Residential -4 to permit the use of a semi-detached dwelling on the subject lands. The existing dwelling would be demolished to permit construction of a semi-detached dwelling with two additional dwelling units (attached) per side. Eventually the plan is to divide the property through a future consent application so that each half will be its own independent parcel of land. Section 59 Notice Regional Staff confirm receipt of a valid and signed Section 59 Notice and have no further comment. Please note the subject property is also in a chloride issue contributing area where the Region does not support the engineered and/or enhanced infiltration of runoff originating from paved surfaces. Engineering and/or enhanced infiltration features may include ponds, infiltration galleries, permeable pavers, ditches, swales, oil -grit separators, etc. Document Number: 5023816 Version: 1 Page 70 of 295 Functional Servicing Report Regional Staff have reviewed the Functional Servicing Report authored by Van Harten Land Surveyors (March 6, 2025) and the subsequent revisions to the report (August 5, 2025) and have no further concerns. Fees In accordance with Regional Fees By-law 24-052, Regional staff acknowledge receipt of the required $3,000 ZBA review fee. Conclusions & Next Steps The Region has no objection to the City of Kitchener's approval of Zoning By -Law Amendment Application ZBA25/013/S/AP. Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, do not hesitate to contact the undersigned. Yours truly, Matthew Colley Senior Planner, MCIP, RPP Document Number: 5023816 Version: 1 Page 71 of 295 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 137 Woodhaven Road Owner: 2394608 Ontario Inc. Application: ZBA25/016/W/BB Comments Of: Park Planning Commenter's Name: Simon Latam Email: simon.latam@kitchener.ca Phone: 519-783-8030 Date of Comments: July 9, 2025 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an ZBA to redevelop the subject property to change the zoning to allow for the use of a semi-detached dwelling. The owner wishes to re -develop the property with a semi with 2 Additional Dwelling Units per side pending a future Consent application to divide the property in half. • 137 Woodhaven- Grading and Servicing Plan dated June 10, 2025 • Appendix A -137 Woodhaven Road Site Plan dated June 5, 2025 • 137 Woodhaven Road, Kitchener Arborist Report dated February 7, 2025 2. Site Specific Comments & Issues: Parkland Dedication • The site is within the Vanier Planning Community and through Places and Spaces — An Open Space Strategy for Kitchener, this community has been identified as underserved with active neighbourhood park space and the site is beyond the recommended walking distance to active neighbourhood park space. Although additional physical land would typically be acquired through development applications to support new active park facilities, the amount and configuration of land available through this development application is not suitable or sufficient and Parkland Dedication as cash in lieu of land is recommended. • In accordance with the Planning Act, City of Kitchener Bylaw 2022-101 and the Park Dedication Policy, Parkland Dedication will be required for the site plan application taken as cash -in -lieu of land. • Parkland dedication requirements will be deferred at the Zoning By-law Amendment application and assessed at a future Building Permit application. Parkland dedication will be assessed based on the land use class and density approved through the ZBA and required as a condition of Building Permit issuance. Parkland dedication will be taken as cash -in -lieu of land according to the Planning Act, Parkland Dedication Bylaw 2022-101 and Parkland Dedication Policy in effect. • An estimate is provided using the approved land valuation of $3,830,000/ha and a dedication rate of 1ha/1000 units; a maximum dedication of either land or CIL of 10% and a capped rate of A City for Everyone Working Together — Growing Thoughtfully — Building Community P of � of 295 City of Kitchener Zone Change / Official Plan Amendment Comment Form $11,862/unit. The estimated cash -in -lieu park dedication for the proposed 0.0583 ha site with 6 proposed units (demolition and credit for 2 units) is $15,320. These fees would be confirmed and required prior to issuance of building permit. Calculation: 4 units/1000 units x $3,830,000/ha= $15,320 (alternate rate Bylaw 2022-101) 0.0583 ha x 0.05 x $3,830,000/ha = $11,164 (5% rate Bylaw 2022-101) 0.0583 ha x $3,830,000/ha x 0.1 = $22,329 (More Homes Built Faster Act 10% cap) See section 5. Anticipated Fees • Dedication requirements are subject to the Park Dedication Bylaw, Policy and rates in effect. Please see Section 4 below. • Should any further revisions be made to the site plan, a revised parkland dedication estimate may be required. • If any questions regarding parkland dedication, please contact the above -noted Parks staff for clarification. 3. Comments on Submitted Documents • Note that on the Grading and Site Servicing Plan that there is a conflict with the proposed driveway and the existing driveway on the neighboring property within the boulevard. Please revise or provide clarity on this item. • Please provide an updated Tree Protection and Removal Plan • The tree protection fencing shown on the Grading and Servicing Plan encroaches more than the original tree protection fencing on the original Tree Protection and Removal Plan. • Efforts should be made to minimize impacts to the Tree Protection Zone and demonstrated on the Plans. Explore relocating the servicing away from the street tree so that it is fully outside of the TPZ as per the original Tree Protection and Removal Plan. • If servicing cannot be moved away from the street tree to outside of the TPZ, the City will explore compensation for this tree. • If retained trees are damaged during construction, the applicant is responsible to the City for the cost of removal and compensation for the value of the tree as per Chapter 690 of the current Property Maintenance By-law 4. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community PP%Ve4g of 295 City of Kitchener Zone Change / Official Plan Amendment Comment Form • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual 5. Anticioated Fees: • Based on the current legislative and policy framework, the current rates, land classes and the proposed preliminary site plan, Parkland Dedication of $15,320 would be required as a condition of Building Permit issuance. • Any necessary off-site works fees, securities or for Forestry compensation. A City for Everyone Working Together — Growing Thoughtfully — Building Community P"ofd of 295 From: andrew szwajca Sent: Monday, June 30, 2025 1:29 PM To: Brian Bateman Subject: 137 Woodhaven Hello I would like to get more details on the 137 wood haven proposal. The subject property backs on to our home. Thanks Andrew Sent from my iPhone Page 75 of 295 From: Glen Miller Sent: Monday, June 30, 2025 5:47 PM To: Jason Deneault; Brian Bateman Subject: 137 Woodhaven Neighbourhood Meeting Lack There Of Hl Jason just got a mail notice about building a semi on 137 Woodhaven , just down from my Street Gerard. It appears the citywelcomes a means of getting more taxes out of the ward, however there lacks discussion input from the local residents unless they call or use a computer and Zoom. That walkway from Gerard to Byron probably will never get fixed in my lifetime. This proposal opens up a real can of worms. Our neighbourhood seems to attract absentee landlords, buy the house, convert it to a duplex, don't worry about parking,( I acknowledge it is a requirement for parking, provided they seek approval ,).More importantly,there seems to be a need to call bylawjust to cut the grass or clean the sidewalk of snow (my immediate neighbours on Gerard have done just that two weeks ago, so I have been told the same problem on Maywood). Some of these changes attract people just to find accomodation, no community participation, no care about the people living in the community. This has been well done on Greenfield, building semi detached. A whole different setting than Woodhaven. We have a perfectly good community center, just why can't you take the time and effort to have a meeting there? Glen & Sonja Miller Gerard Ave. Page 76 of 295 From: Felicia Moore Sent: Monday, June 30, 2025 10:53 AM To: Brian Bateman Subject: 137 Woodhaven Rd ( application development) Hi Brian, hope you are well. My name is Felicia Moore. I am 1 of the tenants that live at Woodhaven Rd, Kitchener N2C 1V2. live in the basement apartment and the tenant above me is Rachel Bidgood. We have become aware of this development application and we are both rather surprised. Both myself as well as the tenant above me have been paying rent and have received 0 maintenance for the past year. And the previous years trying to receive maintence were a nightmare. Not only that but the property conditions are not at all up to standards. Everytime we try to email and mention maintence needs we are avoided and ignored yet we receive invoices each month for rent. Both Rachel and myself were told about this development application by a neighbour which happened to see this in the paper asking if we were aware. We most definitely were not. We have been kept in the dark and do not agree with this application going through as there are several things that should be resolved prior to that ever being possible. could tell you how very wrong this is, the fact this was in planning without our knowledge but I'm sure you would agree if it was you or your family in our position. Several of the neighbors that live in the neighborhood are now being made aware of this planned development and they do not support it. This development would affect everyone negatively; decreasing the value of their mature quiet homes, affecting potential sales of their homes, more traffic on a small quiet street, lack of sunlight in people's backyards for their gardens because of the tall building and a parking lot right behind their backyards where they would get to smell carbon monoxide, affecting the enjoyment of their homes. Not to mention myself and the other tenant would be unfairly forced out of our homes, forced to try and find affordable housing that simply does not exist. This building would be way too big for this space and in between mature quiet homes? Makes 0 sense. The only thing that makes sense here is the landlord seeing how he can make more money while trying to take short cuts and not doing his duty as a landlord when it comes to tenant rights, property maintence and property standards. You will be hearing from the other tenant, Rachel Bidgood soon. Just as I know you have already heard from a couple neighbour's in the neighborhood and will be hearing from more. Page 77 of 295 Please do no allow this to proceed. Best to you, Felicia Moore Page 78 of 295 From: Luke Nyenhui Sent: Monday, July 7, 2025 2:32 PM To: Jason Deneault; Brian Bateman; Emily Nyenhuis Subject: 137 Woodhaven Rd Develpment Hi Jason and Brian, Just reaching out regarding the development proposal. live at Woodhaven Rd with mywife and four young children and am grateful to have been able to purchase the house for the purpose of living and raising my family in the community I work in. I wish to support growth, development and generous giving in our community, but I do not support houses being turned into businesses and so I do not support this proposed development in my neighbourhood. Respectfully, Luke Nyenhuis Page 79 of 295 From: Michelle Mac Sent: Saturday, June 28, 2025 1:06 PM To: Brian Bateman Cc: Paul; Jason Deneault Subject: 137 Woodhaven Rd, Kitchener - Change of Zoning - Application Number: ZBA25/016/W/BB Good Morning Mr Bateman: It has been brought to our attention that a change in zoning has been filed for the property known as 137 Woodhaven Road, Kitchener. We are neighbours of this property, and wish to strongly oppose this application. We attempted to locate a formal form to file with the City, however, could not locate one. Please accept our letter as our formal filing. Our quiet neighbourhood consists mainly of older, well kept bungalow residences with large, mature trees. By constructing a residence that will tower over our homes will not fit into the landscape of what our neighbourhood has grown to become. Also, it will be a modern building among homes built 70 years ago. This will be an eyesore in the middle of a well established street. Currently there are 2 families living at 137 Woodhaven Rd, with a total of 3 vehicles. How is it going to be possible to provide parking for 6 families, with possibly more than vehicle per unit? By using street parking? This is not an acceptable solution. Street parking, as you know, is limited to certain times of the year. Will by-law be patrolling to ticket infractions all winter? No, neighbours will need to call by-law continuously, causing friction with these new neighbours. Is removing the current 2 families of this residence a form of renoviction? The owner has given no consideration to where these families will go. As of the date of the notice in the newspaper, these families were left totally in the dark, not aware of this proposal. It was becauses of the diligence of another neighbour that they were made aware of the application. Renoviction! Please inform us how we may be included in the neighbour's meeting on July 22. Also, please confirm receipt of our email and accept it as our formal filing opposing the rezoning. We look forward to hearing from you. Thank you Michelle and Paul MacDonald Page 80 of 295 From: Michelle Mac Sent: Thursday, July 10, 2025 7:23 PM To: Jason Deneault; Brian Bateman Subject: 137 Woodhaven Rd, Kitchener Redevelopment Hi Mr Bateman and Mr Deneault... hope you are both doing well. As you are aware, there is a zoom meeting for the neighborhood on July 22 regarding the redevelopment of 137 Woodlawn Rd, Kitchener. As mentioned in our earlier email, several residents are elderly and are not comfortable using computers or possibly do not own one. Therefore, we are requesting that the meeting be moved to a public location in order to allow all neighbors to voice their concerns. Within our neighborhood we have locations such as Wilson Ave School or Kingsdale Community Centre. We hope you will give this serious consideration. Thankyou Michelle and Paul MacDonald Page 81 of 295 From: KELLY LAIRD Sent: Wednesday, July 2, 2025 6:27 PM To: Brian Bateman Subject: 137 Woodhaven Rd. Hello, I am not sure the process of this but I have received mail about the development proposal on 137 Woodhaven rd. My husband and I would like to appeal or discuss our thoughts about this. There are currently an abundance of rentals in this area that are not taken care of at all. We moved to this area 20 years ago because we loved how quiet it was, the mature trees and the beauty of the neighbourhood. Now it looks rundown on many lots due to too many people jammed into one house, cars are parked on the lawns, many don't cut their lawns or trim hedges or keep up with the yard work. Garbage cans sit out for almost a week and garbage is constantly littering the neighbourhood. We would absolutely not want to see that development as we know it would end up looking like trash eventually. Also to note, the concept drawing looks completely out of place in this neighborhood. We would be available by email for further discussion. Thanks, Sent from my iPad Page 82 of 295 From: andrew szwajca Sent: Sunday, July 6, 2025 6:09 PM To: Brian Bateman; jason.denault@kitchener.ca Cc: Andrew Szwajca Subject: 137 woodhaven road Dear Brian and Jason I am writing to express my strong opposition to the proposed project on 137 Woodhaven road. As a nearby resident and property owner, I am deeply concerned about the negative impact this project will have on our neighbourhood. Firstly, the project will significantly affect the value of residential properties adjoining the proposed site. The increase in people on the property will inevitably lead to more noise complaints and strain community relations. In addition, we can reasonably expect an increase in garbage and litter, which will further detract from the character and cleanliness of the neighbourhood. Traffic is another serious concern. Woodhaven Avenue and surrounding streets already experience congestion during peak times, and adding a high -traffic development will only worsen this problem, creating safety risks for residents, pedestrians, and children in the area. It is important to note that the neighbouring property owners are not supportive of this project and do not agree with proceeding further. We believe it is essential to preserve the residential nature and quiet enjoyment of our neighbourhood rather than introduce elements that will disrupt it. Page 83 of 295 I respectfully request that you reconsider and oppose this project in order to protect the character, property values, and quality of life in our community. Thank you for your time and attention to this matter. Sincerely, Andrew Szwajca Page 84 of 295 From: Elizabeth Leacock on behalf of Internet - Council (SM) Sent: Wednesday, July 9, 2025 5:26 PM To: Jason Deneault Cc: Brian Bateman Subject: Feedback for 137 Woodhaven Dev't Attachments: Jason, If you'd like to call her back, her number is Thanks, Elizabeth Leacock Constituency Assistant to Council Office of the Mayor and Council I City of Kitchener 519.783.8158 1 TTY 1-866-969-9994 1 elizabeth.leacock@kitchener.ca 0 0 V ,)ti ) 0 0 0 NOTICE: The City of Kitchener is modernizing its phone system, and beginning November 18, 2024 you can reach me directly at 519-783-8158. Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential; privileged; andlor exempt from disclosure under applicable law. It is intended only for the use of the designated recipients) listed above. Any unauthorized use, distribution or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise received this message by mistake, please notify the sender immediately by replying via email, and destroy all copies of this original correspondence (including any attachments). Thank you for your cooperation. From: LAMENSKI L (External) <noreply@skype.voicemail.microsoft.com> Sent: Tuesday, July 8, 2025 12:20 PM To: VG-CouncilOverflowVM<VM-CouncilOverflow@kitchener.ca> Subject: Shared Voicemail (Jason Deneault Overflow CQ) good afternoon message forjason denal ward 3 louis lemanski calling at rd calling re 137 woodhaven rd road where there's a proposed development I'd like to say that i am totally against this proposal my phone number is thank you very much bye bye no You received a voice innail firorn I...AI`J EN5KII I...... .................................................................... Page 85 of 295 From: glenm Sent: Sunday, July 13, 2025 6:43 PM To: Brian Bateman; Jason Deneault Subject: File Manager -137 Woodhaven Attachments: Scan_0068.pdf Glen and Sonja Miller from I am forwarding a copy of a signed petition, self explanatory, those that signed pretty well agreed with the statement read on the attached first page. Not sure if the ID # on the card is specific to us Page 86 of 295 From: Linda Zettel Sent: Sunday, July 13, 202S 10:21 PM To: Brian Bateman Subject: Fw: 137 Woodhaven Road Zoning Change Application From: Linda Zettel Sent: Sunday, July 13, 2025 10:02 PM To: jason.denault@kitchener.ca <jason.denault@kitchener.ca>; brian.batement@kitchener.ca <brian.batement@kitchener.ca> Subject: RE: 137 Woodhaven Road Zoning Change Application Dear Jason and Brian am writing as a concerned resident of Woodhaven Road, Kitchener to express my strong opposition to the proposed zoning change for the property located at 137 Woodhaven Road, Kitchener. This property is currently zoned for RES -2, and the proposed change to RES -4 is not compatible with the character of our neighbourhood. I am concerned that allowing this change would set a precedent that could undermine the integrity of our community's zoning plan and harm our quality of life. am against this for the following reasons: This neighbourhood consists of mainly bungalow family dwellings. While I understand the need for additional housing, what the owner is proposing does not esthetically fit in the neighbourhood. When I am out walking in the neighbourhood, I can count less than 10 houses that are a side split or 2 story home. believe building six units on this property will create significant parking issues. Given the Lot size, it is highly unlikely there will be enough space to accommodate parking for six units, especially if each unit houses more than one vehicle. Furthermore, the street in front of the property has already been narrowed as part of the city's "traffic calming" initiative. This has made navigation more difficult, particularly for emergency vehicles, delivery services, and snow removal in winter months. The current owner's ongoing lack of maintenance of the existing two units on the site are already poorly managed. This raises serious doubts about the owner's ability or willingness to properly maintain six units. If two units are not being responsibly cared for now, expanding to six will onlyworsen the situation and further degrade the character and appearance of our neighborhood. Page 87 of 295 Privacy of surrounding bungalow -style homes, which were designed for low-density, single-family living will be affected. The added height, density, and number of occupants in a multi -unit structure would lead to increased noise, traffic, and direct views into neighbouring yards and windows. This would significantly disrupt the quiet enjoyment and privacy that current residents have come to expect in this established residential area. This development would also result in the displacement of two long-term tenants, who currently reside in the existing units. These individuals have made this neighbourhood their home and forcing them out for redevelopment not only disrupts their lives but undermines the stability and community spirit that long-term residents contribute. Displacing Long- term tenants to make room for higher -density profit -driven development is deeply concerning and contrary to the values of a respectful, inclusive neighbourhood. Adding four additional units to this property will place added strain on local infrastructure, particularly garbage collection and sewer capacity. With six households instead of two, there will be significantly more garbage, leading to concerns about garbage overflow, litter, and pests if not managed properly. The increased load on the sewer system may also lead to long-term issues, especially in our older residential neighbourhood which was not designed for high-density use. The proposed zoning change and development would likely lead to a decline in property values for surrounding homes, including my own. Increased traffic, noise, reduced privacy, poor maintenance history, and infrastructure strain all contribute to a less desirable living environment. Prospective buyers are less likely to invest in a neighbourhood where multi- unit buildings disrupt the established residential character and where property upkeep is already a known issue. A development of six units will inevitably bring more residents, vehicles, and general activity, resulting in significantly increased noise levels. This is especially concerning in a neighbourhood currently made up of quiet, single-family bungalows. The additional noise from multiple households, visitors, and increased vehicle traffic will disrupt the peaceful atmosphere that residents value and expect in this residential area. While the proposal indicates 6 residential units, there is no clear information on expected occupancy per unit. If each unit houses 3 to 5 residents, this could mean 18 to 30 new people on a lot previously zoned for a single family. This scale of change would significantly impact traffic, noise, parking availability, and infrastructure load in our neighbourhood. In conclusion, this proposed development is incompatible with the surrounding neighbourhood in both scale and function. It poses numerous challenges to quality of life, infrastructure, safety, and housing stability. I respectfully urge you to reject this zoning change and preserve the integrity of our community. Page 88 of 295 Thank you for your attention to this matter. Sincerely, Linda Zettel Woodhaven Road Kitchener, ON Page 89 of 295 From: Pete and Barb Smola Sent: Wednesday, July 2, 2025 10:36 AM To: Brian Bateman Subject: Fwd: Proposed Development in our Neighbourhood jJJ Hello Brian, I am sending you a copy of the email which I sent to our Councillor, Jason Deneault. Please read it. It is regarding the Proposed Development at 137 Woodhaven Road, Kitchener. It will tell you our reaction to this proposal. Thank you. Peter and Barbara Smola Gerard Ave., Kitchener, ON. N2C2A1 ---------- Forwarded message --------- From: Pete and Barb Smola Date: Wed, Jul 2, 2025 at 9:31 AM Subject: Fwd: Proposed Development in our Neighbourhood To: <jason.deneault(c�kitchener.ca ---------- Forwarded message --------- From: Pete and Barb Smola Date: Wed, Jul 2, 2025 at 9:20 AM Subject: Proposed Development in our Neighbourhood To: <iason.denaultCcbl<itchener.ca> Good morning Jason, We have received the notification of the proposed development at 137 Woodhaven Road. We are not in favour of this, as we have watched what has happened on the numbered avenues between Wilson Ave and Kingsway, and Know that this would open the door to the same thing happening in our area. Would you be willing to call an in-person meeting at the Kingsdale Community Centre for us to discuss this with you and our neighbours? Many of us are seniors. We are much more likely to attend an in-person meeting than avirtual Zoom meeting. In any case, itwould be good to have the option. Thankyou for your consideration. Page 90 of 295 From: Alex Heim Sent: Saturday, July 12, 2025 11:01 AM To: Brian Bateman Cc: jason.denault@kitchener.ca Subject: Letter of opposition: 137 Woodhaven Road Rezoning application Hi Brian, I'm writing to express my opposition to the proposed rezoning of 137 Woodhaven from RES -2 to RES -4. Let me start by acknowledging that I support the city's efforts to expand housing options and create more affordable homes in our growing community. I commend Council's unanimous 2024 decision to allow up to four units on residential lots. This struck a thoughtful balance between increasing density and preserving the residential character of our neighbourhoods. It's been encouraging to see well -executed backyard units and 3-4 unit conversions that align with existing bylaws. However, the current proposal for 137 Woodhaven is seeking to increase from two existing units to six is, in my view, excessive. Rather than working within the recently expanded bylaw allowances, the applicant is seeking to go significantly beyond them. The addition of four new units, two per side in the proposed structure, on a modestly sized lot appears to prioritize maximum rental income over community fit and responsible planning. To achieve this density, the applicant proposes building both upward and outward. This introduces serious concerns about setting precedent. If approved, what's to prevent other landlords in the neighbourhood from seeking similar rezonings? Many rental properties are already investing and adding backyard and basement units under current guidelines. Allowing this kind of intensification risks triggering a domino effect that could permanently alter the character of our area. As a homeowner on Gerard Avenue, I value the thoughtful, gradual evolution of our neighborhood—where homeowners and landlords alike have been able to add units without resorting to rezonings. This proposal crosses a line, not because it adds housing, but because it does so in a way that conflicts with the spirit of the zoning and official plans intended to guide sustainable, community -minded development. Granting this exception appears to benefit a single landlord's bottom line at the expense of long-term neighborhood cohesion and character. I urge the committee to reject this proposal. Alex Heim Page 91 of 295 10/6/25, 3:37 PM Outlook RE: 137 Woodhaven, Kitchener From Brian Bateman <Brian.Bateman@kitchener.ca> Date Fri 9/19/2025 3:19 PM To 'Andy Schilling' Mail - Brian Bateman - Outlook Hi Andy, Thank you for the email. I will include your comments in the staff report that will be seen by council members. Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-783-8905, TTY 1-866-969-9994 Kitchener.ca/GreatPlaces — Open until April 30t From: Andy Schilling Sent: Friday, September 19, 2025 3:18 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: 137 Woodhaven, Kitchener You don't often get email from Hi Brian, I drove by 137 Woodhaven today and don't like the proposal to build a building that doesn't match the neighbourhood. I believe it will not fit in and depreciate the surrounding property values. Thanks in advance! Andy Schilling Ca it Ave, Kitchener, ON N2C 1 G3 Page 92 of 295 https://outlook.office.com/mail/AAMkADA50TY30DIkLWZkYjItNGZmZC1 iMTNhLWNmNDZkZTAxODFkNOAuAAAAAAB51Kweyz3WQpJiNXCY2J%2B... 1/1 TIME SENSITIVE: This Petition is intended to: TO AVOID HOMELESSNESS AND HARDSHIP. PROTECT THE RESIDENTIAL AREA BY LI MITI NG TRAFFIC, NOISE, GARBAGE, TRANSIENT TENANCY, PARKING DIFFICULTY, INCREASE TO AREA TAXES, LOWERING OF MARKET VALUES OF PROPERTIES. 1. Seeking community support to halt the application for demolition of 137 Woodhaven Road, Kitchener. Application made by SBM LTD OWNER: As a numbered company# 2394608 Ontario Inc., owned by, Mr. Michael Lau of Toronto. Under county ordinances, we, the tenants, are requesting a stay of this action. The possibility of a stay is available if there is enough community support. The tenants of the property intend to provide the City with that support; we already have ten (10) residents in the area offering to add their signature to prevent this action. You wouldn't be required to physically do anything other than add your name as support. The deadline of July 14111 is approaching quickly. Time is of the essence! The parties involved are hoping we won't garner support to halt this action. I : 1 11 ;111!71 a) Increases traffic and noise with increased need for parking in an area where the road is already one lane. Additionally, there is a right of way at that location. The Lot is small therefore parking for a minimum of 6 vehicles would be tight. Any other vehicles would need to park on the street. b) Increased garbage- attracting vermin. c) Apartment buildings typically see more transient tenancy. d) Possibility of increased property taxes as more services are required. e) Possibility of property values in the neighborhood Lowering as the comps show in areas with mass rental. Page 93 of 295 f) The privacy of surrounding properties will be impeded by the addition of a multi- story building. g) I have personally Lived at this address and worked in this community for the past 8 years, this is my community, this is my home. The search for affordable rental has been fruitless to date. Two families are affected by this action and homelessness is seriously feared. Repairs have been often made by tenants. At times it has been a struggle to get repairs addressed however, this week, some requests have been satisfied. Would the intended owner or rental company address any negative issues related to the nuisance effect of this new building in the future? That remains to be seen. 2. Parking at the proposed property would increase noise, aside from being an eyesore for the neighbors opposite with a view of garbage cans and vehicles. The property values of the homes in the area could certainly be affected and lowered. 3. Homelessness —The demolition of the properties would affect 2 families. The current high rents increase the probability of homelessness for these families. An active search for adequate accommodation has proven fruitless to date as we continue to cover all avenues to avoid homelessness. Respectfully I thank you foryour time and askyou to consider addingyour signature as support. Thank you! wmzC • �, [a] Rif 1811Kelaii BYAW610 0 ;WT gnu* M Page 94 of 295 N -"M ADDRESS (".On nor - Lit Oovt; A Y- t � a Page 95 of 295 Qsvwk J m m Page 96 of 295 / r71 Page 97 of 295 From: Jason Deneault Sent: Monday, June 30, 2025 6:41 PM To: Glen Miller; Brian Bateman Subject: Re: 137 Woodhaven Neighbourhood Meeting Lack There Of Good evening Glen, Being that I'm on vacation this week, I'll keep my response short and repond later this week. It is our planning department that schedules the meetings online. Staff find this is the most convenient and accessible way for majority of residents to participate. Jason Jason Deneault Ward 3 City Councillor Jason. Deneault@kitchener.ca 226-751-4162 From: Glen Miller Sent: Monday, June 30, 2025 5:46:58 PM To: Jason Deneault <Jason.Deneault@kitchener.ca>; Brian Bateman <Brian.Bateman@kitchener.ca> Subject: 137 Woodhaven Neighbourhood Meeting Lack There Of Hl Jason just got a mail notice about building a semi on 137 Woodhaven , just down from my Street Gerard. It appears the citywelcomes a means of getting more taxes out of the ward, however there lacks discussion input from the local residents unless they call or use a computer and Zoom. That walkway from Gerard to Byron probably will never get fixed in my lifetime. This proposal opens up a real can of worms. Our neighbourhood seems to attract absentee landlords, buy the house, convert it to a duplex, don't worry about parking,( I acknowledge it is a requirement for parking, provided they seek approval ,).More importantly,there seems to be a need to call bylawjust to cut the grass or clean the sidewalk of snow (my immediate neighbours on Gerard have done just that two weeks ago, so I have been told the same problem on Maywood). Some of these changes attract people just to find accomodation, no community participation, no care about the people living in the community. This has been well done on Greenfield, building semi detached. A whole different setting than Woodhaven. We have a perfectly good community center, just why can't you take the time and effort to have a meeting there? Glen & Sonja Miller Gerard Ave. Page 98 of 295 From: Felicia Moore Sent: Monday, July 7, 2025 5:49 PM To: Brian Bateman Subject: Re: 137 Woodhaven Rd ( application development) Hi Brian, appreciate you reaching out in regards to my email. As much as I also appreciate you sharing my concerns with the owner/ landlord, I am most certain that he does not personally care how it would affect myself or the other tenant otherwise we would have been told sooner. I don't want to only put that responsibility on the owner I definitely have to put the blame on ACSO property management. We were not shown that respect and we were not shown the respect of receiving basic maintenance while our money is continued to be taken for rent for the past year now and are now having to go through the Landlord and Tenant board. After learning about this development application it all makes sense now why he doesn't care to put money into the house if he has plans to try to tear it down and build something new in order to put more units in place so he can make more money. We would be forced out of our home and given 90 days that's what will happen if this application proceeds. Thanks for your time. Felicia Moore On Mon, Jul 7, 2025, 3:44 p.m. Brian Bateman <Brian.Bateman(@kitchener.ca> wrote: Hi Felicia, Thank you for the email and for sharing your thoughts. Sorry to hear that you weren't informed by the owner. I will pass along your comments to the applicants/owner and hopefully they will reach out to you and the other tenant about their proposal and how this may affect you. Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-783-8905, TTY 1-866-969-9994 Page 99 of 295 j IMR/5', /i�/' Kitchener.ca/GreatPlaces — Open until April 30t From: Felicia Moore Sent: Monday, June 30, 2025 10:53 AM To: Brian Bateman <Brian.Bateman @kitchener.ca> Subject: 137 Woodhaven Rd ( application development) Hi Brian, hope you are well. My name is Felicia Moore. I am 1 of the tenants that live at. Woodhaven Rd, Kitchener N2C 1V2. I live in the basement apartment and the tenant above me is Rachel Bidgood. We have become aware of this development application and we are both rather surprised. Both myself as well as the tenant above me have been paying rent and have received 0 maintenance for the past year. And the previous years trying to receive maintence were a nightmare. Not only that but the property conditions are not at all up to standards. Everytime we try to email and mention maintence needs we are avoided and ignored yet we receive invoices each month for rent. Both Rachel and myself were told about this development application by a neighbour which happened to see this in the paper asking if we were aware. We most definitely were not. Page 100 of 295 We have been kept in the dark and do not agree with this application going through as there are several things that should be resolved prior to that ever being possible. could tell you how very wrong this is, the fact this was in planning without our knowledge but I'm sure you would agree if it was you or your family in our position. Several of the neighbors that live in the neighborhood are now being made aware of this planned development and they do not support it. This development would affect everyone negatively; decreasing the value of their mature quiet homes, affecting potential sales of their homes, more traffic on a small quiet street, lack of sunlight in people's backyards for their gardens because of the tall building and a parking lot right behind their backyards where they would get to smell carbon monoxide, affecting the enjoyment of their homes. Not to mention myself and the other tenant would be unfairly forced out of our homes, forced to try and find affordable housing that simply does not exist. This building would be way too big for this space and in between mature quiet homes? Makes 0 sense. The only thing that makes sense here is the landlord seeing how he can make more money while trying to take short cuts and not doing his duty as a landlord when it comes to tenant rights, property maintence and property standards. You will be hearing from the other tenant, Rachel Bidgood soon. Just as I knowyou have already heard from a couple neighbour's in the neighborhood and will be hearing from more. Please do no allow this to proceed. Best to you, Felicia Moore Page 101 of 295 10/6/25, 3:39 PM RE: Notice of Proposed Development at 137 Woodhaven Road - Brian Bateman - Outlook Outlook RE: Notice of Proposed Development at 137 Woodhaven Road From Brian Bateman <Brian.Bateman@kitchener.ca> Date Tue 9/16/2025 3:15 PM To Tasmin Nadia' Hi Yasmin, I just wanted to follow up with you to say I found the several emails you had sent me earlier. They were sitting in my Junk folder. Not sure why they went there. Hope to see you at the site meeting. Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-783-8905, TTY 1-866-969-9994 Kitchener.ca/GreatPlaces — Open until April 30t From: Yasmin Nadia Sent: Monday, July 21, 2025 8:17 AM To: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Fwd: Notice of Proposed Development at 137 Woodhaven Road You don't often get email from Hello Brian, I'm reaching out for the third time, as I have not received a response from either you or Jason Deneault regarding my concerns for the rezoning of 137 Woodhaven road. As far as I'm aware, most of my neighbours received a response from you stating you would add their concerns to the file. I hope my concern can also be included. Please see the email below - I had sent the original email on July 4 and the first follow up on July 14 to ensure it fell within the required time frame. Thank you. Yasmin Kanani ---------- Forwarded message --------- From: Yasmin Nadia Date: Mon, 14 Jul 202b at 12:11 Subject: Fwd: Notice of Proposed Development at 137 Woodhaven Road To: <Brian.Bateman@kitchener.ca>, <Jason.Deneault@kitchener.ca> Page 102 of 295 about: blank?windowld=SecondaryReadingPane4 1/4 10/6/25, 3:39 PM RE: Notice of Proposed Development at 137 Woodhaven Road - Brian Bateman - Outlook Hello Brain and Jason, I'm following up on the email below (sent July 4th) to ensure it was received and our concerns have been noted as per the July 14th deadline. Thank you. ---------- Forwarded message --------- From: Yasmin Nadia Date: Fri, 4 Jul 2025 at 14:11 Subject: Notice of Proposed Development at 137 Woodhaven Road To: <brian.bateman@kitchener.ca>, <jason.deneault@kitchener.ca> Dear Brian Bateman, File Manager & Jason Deneault, City Councillor - Ward 3 We are writing to formally express my opposition to the proposed development of a six -unit residential building (RES -4 zoning) in our neighborhood, located at 137 Woodhaven road, which is currently designated RES -2. As residents of this community, who live across the street from the proposed development on Woodhaven, we are deeply concerned about the impact this development would have on the character, safety, and functionality of our neighborhood. The area is currently composed entirely of single -story bungalows. The proposed development would significantly alter the scale and nature of the community, introducing a level of density that is inconsistent with the existing residential landscape and change the vibe of a neighbourhood we have grown to love. There are several key concerns I wish to highlight: 1. Neighborhood Character and Zoning Compatibility The current zoning (RES -2) reflects the low-density, family-oriented character of this neighborhood. A 6-plex building, especially one that is two stories or taller, would stand in stark contrast to the existing homes and disrupt the architectural cohesion and visual continuity of the street. This is particularly true given that the proposed development would be sandwiched between two single -story bungalows—making the height and scale disparity even more visually jarring. The resulting aesthetic imbalance would be off-putting and have a direct negative impact on the homeowners immediately adjacent to the site. 2. Precedent Setting Allowing this type of development in a RES -2 zone sets a concerning precedent that could lead to further intensification in areas not designed for it. It risks undermining the integrity of this neighbourhood and opens the door to more aggressive rezoning applications in established low-density neighborhoods. This concern is especially relevant given that several high-rise buildings and apartment complexes are already under construction nearby. These developments, which are located on Weber street nearby, are better suited to handle increased density and should more than meet the area's housing intensification goals—without compromising the distinct residential character of existing RES -2 zones. 3. Impact on Property Values Introducing a high-density development into a street of single -story, bungalow homes may have a negative impact on surrounding property values. Homeowners who have invested in the stability and character of the area may see reduced market desirability as the neighborhood becomes increasingly inconsistent in form and function. At a time when the cost of living is rising and many families have made significant financial investments to Page 103 of 295 about: blank?windowld=SecondaryReadingPane4 2/4 10/6/25, 3:39 PM RE: Notice of Proposed Development at 137 Woodhaven Road - Brian Bateman - Outlook maintain and improve their homes, it is particularly disheartening to see those efforts potentially undermined by decisions that benefit large developers or corporate landlords. These changes can create real financial harm for individual property owners who lack the resources and influence of large-scale real estate interests. 4. Privacy and Shadowing Concerns A two-story, multi -unit building would overlook the backyards and living spaces of surrounding homes, many of which are single -story and not designed with such proximity in mind. This raises significant concerns about the loss of privacy and potential shadowing effects, particularly in the winter months when sunlight is already limited. The disruption to natural light, combined with the feeling of being constantly observed, can meaningfully affect the well-being and quality of life of nearby homeowners who chose this neighborhood for its quiet, open, and private environment. 5. Safety Concerns for Children and Pedestrians This neighbourhood, which includes multiple schools and an EarlyON drop-in centre, is home to many young families. Children frequently walk, bike, and play in and around our streets. The area is also regularly used by pedestrians walking their dogs, riding bicycles, or simply enjoying the neighborhood. Increasing density without appropriate infrastructure, traffic calming measures, and parking controls heightens the risk to all pedestrians and creates an environment that feels less safe and less accessible for those who live here. 6. Traffic and Parking Pressure Our street is already congested, with cars regularly lining the road as well as busy traffic that looks to avoid the congestion of Fairway/Courtland. A development of this size would introduce significantly more vehicles—both residents' and visitors'—exacerbating parking shortages and increasing traffic flow on a street that is not equipped to handle it. Not to mention, there has been consistent construction in and around our neighbourhood for years, limiting how traffic flows and this development would mean that yet again we have to put up with construction that will create havoc for all who reside here. 7. Lack of Justification for Rezoning At this early stage in the notice process, no rationale has been provided to explain why this specific location—within a stable, low-density residential neighborhood—has been selected for redevelopment and increased density. Given that there are already several high-density projects nearby, and that the existing community has not expressed a need or desire for this kind of change, the proposal appears both unneeded and out of step with thoughtful, strategic urban planning. Moving forward without community support or a clear public interest risks undermining trust in the city's development process. 8. Infrastructure and Environmental Strain Additional residential units place a greater burden on city infrastructure, including waste collection, water and sewage systems, and the regular maintenance of roads and sidewalks which are currently not being kept up with . Furthermore, the proposal involves demolishing a perfectly good, existing home—an act that is inherently unsustainable given the environmental costs associated with construction waste, resource consumption, and carbon emissions. Rebuilding on this site without a clear, compelling need disregards principles of sustainable development and responsible stewardship of resources. 9. Displacement of Existing Residents The property in question is currently home to two families who would be displaced by this redevelopment. In a housing market that is already strained, and during a time of economic uncertainty, forcing families to leave their homes to make way for higher -density development raises serious concerns. Redevelopment should not come at the cost of displacing existing, contributing members of the community—especially when the Page 104 of 295 about: blank?windowld=SecondaryReadingPane4 3/4 10/6/25, 3:39 PM RE: Notice of Proposed Development at 137 Woodhaven Road - Brian Bateman - Outlook proposed project does not address affordability or an urgent housing need in this specific location We understand and support the need for diverse and affordable housing across the city. However, we believe such developments should be carefully planned in appropriate zones where the infrastructure, density, and building types already support them. A spot zoning amendment in a quiet, family -focused neighborhood undermines the planning process and sets a concerning precedent. We respectfully urge the City of Kitchener to reject this proposal and to preserve the integrity of our neighborhood. We would also appreciate being kept informed of any opportunities outside of the July 22nd meeting to voice our concerns. We hope this forum on July 22nd is taken seriously and not just a horse and pony show when a decision regarding the development has already been made in advance - we value our time and hope you do as well. If you would be so kind to acknowledge you've received this email, we would genuinely appreciate it. Thank you for your time and thoughtful consideration in this matter. Sincerely, Kyle Lackenbauer & Yasmin Kanani Page 105 of 295 about: blank?windowld=SecondaryReadingPane4 4/4 10/6/25, 3:38 PM RE: Rezoning Woodhaven - Brian Bateman - Outlook IS Outlook RE: Rezoning Woodhaven From Brian Bateman <Brian.Bateman@kitchener.ca> Date Thu 9/18/2025 10:37 AM To 'Borsodi, Lorri' Cc Thanks, Lorri. ; Jason Deneault <Jason.Den eault@kitchener.ca> Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-783-8905, TTY 1-866-969-9994 Baa i Kitchener.ca/GreatPlaces Open until April 30t From: Borsodi, Lorri Sent: Thursday, September 18, 2025 10:15 AM To: Jason Deneault <Jason.Deneault@kitchener.ca>; Brian Bateman <Brian.Bateman@kitchener.ca> Cc: Subject: Rezoning Woodhaven Please add to email correspondence Murray & Dorothy Thomas If you do not wish to receive any further electronic sales and marketing communications from Marsh, send an email to the word "unsubscribe" in the subject line to unsubscribe. Si vous ne souhaitez pas recevoir davantage de communications electroniques des ventes et du marketing de Marsh, veuillez envoyer un courriel a avec le mot c unsubscribe » (se desinscrire) dans I'objet pour vous d6sinscrire. with Page 106 of 295 about: blank?windowld=SecondaryReadingPane3 1/1 10/6/25, 3:35 PM RE: Update email address please - Brian Bateman - Outlook IS Outlook RE: Update email address please From Brian Bateman <Brian.Bateman@kitchener.ca> Date Fri 9/26/2025 11:25 AM To Kelly Laird Received - thanks Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-783-8905, TTY 1-866-969-9994 Kitchener.ca/GreatPlaces — Open until April 30t -----Original Message ----- From: Kelly Laird Sent: Tuesday, September 23, 2025 1:38 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Update email address please [You don't often get email from https://aka.ms/LearnAboutSenderldentification ] Hi Brian, Can you please update our email address please. It's Kelly & Jamie Laird, Woodhaven Rd. Learn why this is important at I want to be sure I don't miss any updates on the street info. Thanks! Sent from my iPad Page 107 of 295 about: blank?windowld=SecondaryReadingPane2 1/1 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: October 27, 2025 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-783-8922 PREPARED BY: Andrew Pinnell, Senior Planner, 519-783-8915 WARD INVOLVED: Ward 5 DATE OF REPORT: October 16, 2025 REPORT NO.: DSD -2025-400 SUBJECT: Draft Plan of Subdivision Application 30T-23201 1700 Strasburg Road and McBrine Drive 2140221 Ontario Inc. RECOMMENDATIONS: That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, grant draft approval to Plan of Subdivision Application 30T-23201 in the City of Kitchener, for 2140221 Ontario Inc., subject to the draft plan and draft plan conditions attached to Report DSD -2025-400 as Attachment `A'; and, That the Mayor and Clerk be authorized to approve and execute an industrial Subdivision Agreement securing the Draft Plan of Subdivision conditions set out in Report DSD -2025-400, to the satisfaction of the City Solicitor, and that the City Solicitor be directed to register said agreement on title to the Subject Lands identified in Attachment `A' to report DSD -2025-400; and further, That the Updated Urban Design Brief Strasburg Technology Business Park, prepared by GSP Group, dated May 2025, amended September 2025, attached as Attachment `B' to report DSD -2025-400, be endorsed, and that staff be directed to implement this Brief through subdivision conditions and through future Site Plan Applications for individual lots at the discretion of the City's Director of Development and Housing Approvals with significant changes to this Brief to the satisfaction of Council. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding a Draft Plan of Subdivision Application to develop the subject lands into a business park subdivision containing 10 industrial lots, ranging in size from 0.67 to 1.22 hectares. McBrine Drive would be extended to connect with a new street (`Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 108 of 295 A'). `Street A' would outlet to Strasburg Road. McBrine Drive would terminate at a new cul-de-sac bulb. Another cul-de-sac, `Street B', is proposed off `Street A'. A 4.00 hectare (9.9 acre) block is proposed for the purposes of a created wetland (not a stormwater management pond) as an expansion to the abutting Huron Natural Area (HNA) and as a setback / buffer to protected natural features. Another block is proposed as a 30 -metre -wide wildlife corridor to facilitate wildlife passage from the HNA to a nearby wetland / pond to the northeast. Official Plan and Zoning By-law Amendment applications are not required to facilitate the proposed subdivision. The subdivision is for the technical division of land only (e.g., to create conveyable lots and streets); the land use permissions that permit industrial / employment uses have been in place since 1983. Development and Housing Approvals staff recommends approval of the application, subject to the draft approval conditions outlined in this report (see Attachment `A'). Staff also recommends that the associated Urban Design Brief be endorsed and be implemented through subdivision conditions and future Site Plan Applications (see Attachment `B'). The development proposal represents good planning and will allow for industrial development, while protecting and expanding the abutting Huron Natural Area. Community engagement included: o A preliminary postcard notice was mailed to all residents and property owners within 240 metres of the subject property (February 2023); o A Virtual Neighbourhood Meeting was held on September 4, 2025, the invitation for which was mailed in July 2025 to all residents and property owners within 240 metres of the subject property and all those who responded to the preliminary notice; o Installation of two notice signs on the property; o Follow-up communication with respondents; o A Postcard advising of the statutory public meeting would normally be forwarded to all residents and property owners within 240 metres of the subject property and those who responded to the preliminary notice, however due to the Canada Post Strike this was unable to be done. Instead, an email notice was provided on October 10, 2025 to everyone who provided written comments. o Notice of the public meeting was published in The Record on October 3, 2025. • This report supports the delivery of core services. • The application was deemed complete on February 5, 2023. The Applicant could appeal this application for non -decision after June 6, 2023. EXECUTIVE SUMMARY: The applicant is proposing a Plan of Subdivision to develop the subject lands into a business park subdivision containing 10 industrial lots, ranging in size from 0.67 to 1.22 hectares. Moreover, the abutting Huron Natural Area (HNA) would be expanded through the conveyance to the City of a 4.00 ha (9.9 ac) created wetland and buffer block. A wildlife corridor block would also be conveyed to the City to facilitate wildlife passage from the HNA to a nearby wetland / pond. A City -owned Boulevard Multi -Use Trail (BMUT) is proposed to allow access from Strasburg Road, through the subdivision, to the east entrance of Huron Natural Area. Additional BMUTs and sidewalks are proposed to provide further pedestrian opportunities. Official Plan and Zoning By-law Amendment applications are not required to facilitate the proposed subdivision. The subdivision is for the technical Page 109 of 295 division of land only (e.g., to create conveyable lots and streets); the land use permissions that permit industrial / employment uses have been in place since 1983. Also, the subject lands do not currently form part of the HNA, nor are they currently part of the related environmental features. Figure 1 — Map showing the Subject Property BACKGROUND: The subject property is owned by 2140221 Ontario Inc. and is located within the Huron Park Planning Community. The property is composed of 2 abutting, irregularly-shaped lots: 1. Northern Lot: One lot is addressed as 1700 Strasburg Road, and is located south of the current terminus of McBrine Drive, with approx. 250 metres of frontage on Strasburg Road (10.58 ha / 26.14 acres); and 2. Southern Lot: The other lot is unaddressed and located to the south, of 1700 Strasburg Road, with a small frontage on Strasburg Road and opening up to the rear, behind Treehouse Foods (4.66 ha / 11.51 acres). Altogether, the subject property is 15.25 ha (37.7 acres) in area. The subject property is vacant, being devoid of buildings and structures. The subject property borders on Huron Natural Area (HNA) to the west, Strasburg Road to the east, lots used for industrial purposes and a large stormwater management pond (Strasburg Creek North Branch) to the north. Treehouse Foods is located to the south and east of the subject property. Activa Holdings owns the lands to the west and southwest, which are zoned 'Natural Conservation Zone (NHC-1)' as are all the lands that comprise Page 110 of 295 ir' n i e ai „un' L'1 Jb M1, kip �;i ✓ (.Y NSM o p v f N OSP Op kr `b C 4.7 yaks`' CA, Figure 1 — Map showing the Subject Property BACKGROUND: The subject property is owned by 2140221 Ontario Inc. and is located within the Huron Park Planning Community. The property is composed of 2 abutting, irregularly-shaped lots: 1. Northern Lot: One lot is addressed as 1700 Strasburg Road, and is located south of the current terminus of McBrine Drive, with approx. 250 metres of frontage on Strasburg Road (10.58 ha / 26.14 acres); and 2. Southern Lot: The other lot is unaddressed and located to the south, of 1700 Strasburg Road, with a small frontage on Strasburg Road and opening up to the rear, behind Treehouse Foods (4.66 ha / 11.51 acres). Altogether, the subject property is 15.25 ha (37.7 acres) in area. The subject property is vacant, being devoid of buildings and structures. The subject property borders on Huron Natural Area (HNA) to the west, Strasburg Road to the east, lots used for industrial purposes and a large stormwater management pond (Strasburg Creek North Branch) to the north. Treehouse Foods is located to the south and east of the subject property. Activa Holdings owns the lands to the west and southwest, which are zoned 'Natural Conservation Zone (NHC-1)' as are all the lands that comprise Page 110 of 295 the HNA, which prohibits development. Huron Heights Secondary School and the Strasburg Stormwater Management Pond are located on the opposite side of Strasburg Road. Significantly, both parcels have been zoned "Business Park" since 1983 (Zoning Bylaw 4830) and are currently zoned "Service Business Park Employment" in Kitchener's (2019- 051) Zoning Bylaw. All of the adjacent HNA is now protectively zoned 'NHC-1'. Previous to the City's property - by -property acquisition of the HNA commencing in the early 1990s, what is now known as the HNA, was largely privately owned and blanket zoned for Business Park development under the 1983 Zoning By-law 4830. A City -initiated study was commissioned and undertaken during the early 1990s to guide the City's acquisition of the significant and sensitive features of what has become the HNA. Through this study, the subdivision lands under review now were determined to not be lands that needed to be acquired by the City to protect the area's natural features. Development in the form of area grading commenced on the subject properties in the late 1980s. That development was abandoned, leaving irregular topography and depressions which created ponding water. Since that time, due to abandonment, anthropogenic ("human -made") wetlands have formed and vegetation has grown on the Northern Lot, while the Southern Lot has remained a meadow, mostly devoid of trees (see Figure 3). It should also be noted that the subject lands are not a pristine natural area. They have been heavily disturbed by machinery throughout the previous decades and were previously used for agriculture. In addition, unlike the abutting HNA, the subject lands are not considered part of the Core Natural Heritage Feature. Through an aerial photography review, the subject properties appear to be untreed and cropped from 1946 to 1963. Aerial photography from 1997 shows the properties almost entirely graded / de -vegetated (see Figure 2). Page 111 of 295 Figure 2 — Subject Property in 1997 Figure 3 — Subject Property in 2023 (prior to installation of Wildlife Exclusion Fencing) Page 112 of 295 In June 2018, the current owner / Subdivision Applicant, 2140221 Ontario Inc., entered into an Agreement of Purchase and Sale (APS) to acquire the subject property from the City of Kitchener. The real estate transaction closed in June 2022, when the Purchaser (Subdivision Applicant) completed their due diligence. The APS included various conditions, that required the Purchaser to, for example: • Acknowledge that any development must include the provision of a trail link through the Property to link to the trails in Huron Natural Area to Strasburg Road. • Enter into a restrictive covenant to prohibit the following land uses, despite any zoning permissions: o Transportation Depot (not permitted under current zoning); o Truck Transport Terminal (permitted under current zoning); o Warehouse (permitted under current zoning); o Wholesale (permitted under "Warehouse" under current zoning); or o Service and Storage of Motor Vehicles (not permitted under current zoning). There are several transit routes in proximity to the sub ro Route 12 — Westmount 1,275 metres Bleams Road Route 16 — Strasburg -Belmont 0 metres (abutting) Strasburg Road Route 26 — Trillium 345 metres Trillium Drive Route 33 — Huron 0 metres (abuttina) Strasbura Road The applicant has applied to the City of Kitchener for a Plan of Subdivision to develop the subject lands into a business park subdivision containing 10 industrial lots. Moreover, a 4.00 hectare (9.9 acre) block is proposed for the purposes of a created wetland (not a stormwater management pond) as an expansion to the abutting Huron Natural Area (HNA) and as a setback / buffer to protected natural features. Another block is proposed as a wildlife corridor to facilitate wildlife passage from the HNA to a nearby wetland / pond. The current `Business Park Employment' land use Official Plan designation and `Service Business Park Employment' (EMP -4) zoning permit the proposed industrial uses and Official Plan and Zoning By-law Amendment applications are not required to facilitate the proposed subdivision. REPORT: The applicant is proposing a Draft Plan of Subdivision to develop the subject lands into a business park subdivision containing 10 industrial lots, ranging in size from 0.67 to 1.22 hectares (see Figure 4). Page 113 of 295 . � 1 Ntim. "N Iwr r"mn p OW,mnr ,r a r Q_ . Lo YGN,� '? drwrml ru .�4. , N �w «� �� � �.,� �*_,'exv° �Nr � �° I � v� s�6 k'an• A�rl `�,� 1'N�,NY ����i Land Vandal LAND n ' rrrrrrrrrrrrr rrrrr rrrrrrrrrr�llllllpl//lll ,,,,,, Figure 4 — Map Highlighting the Industrial Lots Proposed through the Draft Plan of Subdivision. McBrine Drive would be extended from its current terminus 345 metres south of Trillium Drive to connect with a new street (`Street A'). `Street A' would outlet to Strasburg Road. McBrine Drive would terminate at a new cul-de-sac bulb. It is noteworthy that the north side of `Street A' is proposed to contain a 3 -metre wide City -owned Boulevard Multi -Use Trail (BMUT) to allow access from Strasburg Road to the east entrance to Huron Natural Area. The BMUT would turn north and run along the east side of McBrine Drive to the northern boundary of the subdivision. This BMUT would replace the gravel trail that runs along a similar alignment that is currently within private ownership. Additionally, a 1.8 metre wide sidewalk would be provided along the south side of `Street A' and the west side of the McBrine Drive extension. Another cul-de-sac, `Street B', is proposed off `Street A'. 1.8 metre wide sidewalks would be provided along both sides of both cul-de-sacs. See Figure 5. Page 114 of 295 Figure 5 — Map Highlighting the BMUTs and Sidewalks abutting the Roads within the Proposed Subdivision. Page 115 of 295 Figure 6 — Map Highlighting the Created Wetland and Setback / Buffer Block (Block 11) and Wildlife Corridor Block (Block 12). Natural Heritage System and Policy Framework The subject property is adjacent to a Regionally Significant Woodland within the City -owned Huron Natural Area (HNA) to the west which also contains the Strasburg Creek Provincially Significant Wetland (PSW) Complex. Both features are part of the non -developable Kitchener Natural Heritage System (KNHS), and for which an Environmental Impact Study (EIS) is therefore required when development is proposed adjacent. In addition, a record of Blandings Turtle, a Provincially Threatened species, overwintering in a pond in the HNA means that an Overall Benefit Permit (under Section 17(1) and Clause 17 (2) (c) of the ESA) was required from the Province. Conditions of this permit must be implemented through the development process. Despite the history of disturbance on the lands, through the field work for the EIS, habitat of some species of Special Concern was identified on the subject property, for which conditions of approval are required to ensure that mitigation is implemented through the development process. These species are the Snapping and Midland Painted Turtle and the Grasshopper Sparrow. The presence and habitat of terrestrial Chimney Crayfish was confirmed, its habitat Page 116 of 295 considered Significant Wildlife Habitat which will be incorporated in the created habitat Block 11 in the northwest corner of the property. Mitigation measures to be implemented include: • Buffers / setbacks / enhancement plantings adjacent to the woodland and wetland in the HNA to the west; • Temporary (installed March 2024) and permanent wildlife exclusion fencing; • Wetland and terrestrial habitat creation in Block 11 including protected turtle nesting and basking areas; • Creation of a wildlife corridor in Block 12 including passage under the extension of McBrine Drive; • Timing restrictions on vegetation removal to protect Species at Risk and of Special Concern; • Awareness training for on-site contractors / construction workers; and • Stewardship and education of new industrial lot owners. Wildlife habitat and wetland creation is proposed in a 4.00 hectare (9.9 acre) Block (Block 11, see Figure 6) contiguous with the existing HNA to the west. This natural area to be created as part of this development will enlarge the HNA and provide enhanced, protected habitat for target wildlife species over current conditions. The EIS, reviewed and approved by the City, the Region, the GRCA and the Province, has outlined the details of this habitat creation, as well as recommended setbacks from adjacent Core Natural Heritage Features (PSW, Regionally Significant Woodland). This setback / buffer appears as a "tail" in Block 11 that extends south from the larger created upland/wetland habitat. Another block (i.e., Block 12) is proposed as a 30 -metre -wide wildlife corridor to facilitate wildlife passage from the HNA to the Strasburg Creek North Branch Stormwater Management Facility (i.e., a stormwater management pond located immediately to the northeast, outside of the proposed subdivision boundary). This block is nearly 300 metres in length. To protect wildlife from vehicles travelling along the extension of McBrine Drive, an ecopassage under the extension of McBrine Drive would be constructed. Together, Blocks 11 and 12, the purpose of which is to support natural heritage features and functions, comprise 4.88 hectares (12.1 acres) of the 15.25 hectare (37.7 acre) subdivision plan land area or 31.6% (nearly one third). Both Blocks 11 and 12 are proposed to be conveyed to the City through draft approval conditions. An excerpt of the Draft Plan of Subdivision Plan can be found at Figure 7 and statistics regarding the proposed subdivision lots and blocks can be found at Table 1. Page 117 of 295 Figure 7 - Draft Plan of Subdivision. Lot/ Block ID Industrial Lot Private 0.88 5.8% Lot 1 Lot 2 Industrial Lot Private 0.92 6.0% Lot 3 Industrial Lot Private r I r k 8.0% Lot 4 r ry Private q 4.9% Lot 5 Industrial Lot Private 0.89 5.8% IiMI Industrial Lot Private 0.90 5.9% Lot 7 Industrial Lot Private 0.67 4.4% Lot 8 Industrial Lot v INI. 0.90 5.9% Lot 9 Industrial Lot Private 0.70 4.6% Lot 10 Industrial Lot ....... �•� f� ( r ^:) -' � A ry,arcwuroG'rnwn Created Wetland and Setback / Buffer to Protected Natural Features Public 4.00 (9.9 acres) �«' y' � ,. Wildlife Corridor ♦ 0.88 5.8% Streets A, B, &C Roads �m ix` Y.. �� IV 11. N/kiw.) 'dV•M 11.5% B CC `• � y N/A 'rnxul P ��-��� �"..�' 100% o-, c'ur. vmr Ira« � xti 4 rE e,. �w"" '�� ". h� ffi 4 Y'9 V ra mn ar✓h+'m:sW 1q n y1 l� �A, k' ` It t Land Use Schedule LAND USE LOTS F BLKS AREA (ha.) I IndusVIALots 1-10 8xjt B, Or- Sp,,- l L-A d'WrnO..rd 91 4.00 t anrorl 6ufYwm 'V OFR"' span' I VVIdlfe Cork 12 0.88 B R,n'r8f„ '1.16 �Y TOTAL 15.25 Figure 7 - Draft Plan of Subdivision. Lot/ Block ID Industrial Lot Private 0.88 5.8% Lot 1 Lot 2 Industrial Lot Private 0.92 6.0% Lot 3 Industrial Lot Private 1.22 8.0% Lot 4 Industrial Lot Private 0.74 4.9% Lot 5 Industrial Lot Private 0.89 5.8% Lot 6 Industrial Lot Private 0.90 5.9% Lot 7 Industrial Lot Private 0.67 4.4% Lot 8 Industrial Lot Private 0.90 5.9% Lot 9 Industrial Lot Private 0.70 4.6% Lot 10 Industrial Lot Private 0.78 5.1% Block 11 Created Wetland and Setback / Buffer to Protected Natural Features Public 4.00 (9.9 acres) 26.2% Block 12 Wildlife Corridor Public 0.88 5.8% Streets A, B, &C Roads Public 1.76 11.5% Total N/A N/A 15.25 (37.7 acres 100% Table 1 - Statistics Regarding Proposed Subdivision Lots and Blocks. Page 118 of 295 Planning Analysis: Planning Act, R. S. O. 1990, c. P.13 25: Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, (a) the protection of ecological systems, including natural areas, features and functions; (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; (g) the minimization of waste; (h) the orderly development of safe and healthy communities; (k) the adequate provision of employment opportunities; (1) the protection of the financial and economic well-being of the Province and its municipalities; (m) the co-ordination of planning activities of public bodies; (n) the resolution of planning conflicts involving public and private interests; (o) the protection of public health and safety; (p) the appropriate location of growth and development; (q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; (r) the promotion of built form that, (i) is well-designed, (ii) encourages a sense of place, and (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; (s) the mitigation of greenhouse gas emissions and adaptation to a changing climate. Through the review of the subject application, staff has recommended conditions to ensure that ecological systems, including that the natural areas, features and functions that form Huron Natural Area are protected. This review involved the coordination of several public bodies, including the Province's Ministry of the Environment Conservation and Parks, Regional Municipality of Waterloo, and the Grand River Conservation Authority. Also, the subject application will help to increase the provision of employment opportunities and will help to protect the financial and economic well-being of the province and the city by facilitating industrial uses on 10 industrial lots — see Need for Employment Uses section of the report for more information (below). These matters of provincial interest are addressed and are implemented through the Provincial Planning Statement, 2024, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Planning Statement, 2024 and to ensure provincial policy is adhered to. Provincial Planning Statement, 2024 (PPS): The Provincial Planning Statement (PPS), 2024 is a streamlined province -wide land use planning policy framework that replaces both the Provincial Policy Statement, 2020 and A Page 119 of 295 Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while building upon housing -supportive policies from both documents. The PPS 2024 came into force on October 20, 2024. The PPS 2024 enables municipalities to: • plan for and support development, and increase the housing supply across the province • align development with infrastructure to build a strong and competitive economy that is investment -ready • foster the long-term viability of rural areas • protect agricultural lands, the environment, public health and safety There are several relevant sections of the PPS 2024 that relate to employment areas, for example: Section 2.1.6 of the PPS 2024 promotes achievement of complete communities by accommodating an appropriate range and mix of land uses, housing options, transportation options with multimodal access, employment, public service facilities and other institutional uses, recreation, parks and open space, and other uses to meet long-term needs. Section 2.8.1 promotes economic development and competitiveness by, for example: "a) providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses." Section 2.8.2.1 states that, "Planning authorities shall plan for, protect and preserve employment areas for current and future uses, and ensure that the necessary infrastructure is provided to support current and projected needs." Section 2.8.2.3, states that, "Planning authorities shall designate, protect and plan for all employment areas in settlement areas by: a) planning for employment area uses over the long-term that require those locations including manufacturing, research and development in connection with manufacturing, warehousing and goods movement, and associated retail and office uses and ancillary facilities." Note that residential and sensitive land uses, commercial, institutional uses are prohibited in employment areas, to ensure their protection. Also, there are several relevant sections of the PPS 2024 that relate to Natural Heritage, for example: Section 4.1.1 states that, "Natural features and areas shall be protected for the long term." Page 120 of 295 Section 4.1.2. states that, "The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features." Section 4.1.5., states that, "Development and site alteration shall not be permitted in: ... d) significant wildlife habitat... unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions." Section 4.1.7., states that, "Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements." DHA staff is of the opinion that the proposed development conforms to the PPS 2024 since it would help the city to achieve complete community and would promote economic development and competitiveness by providing additional opportunities for diversified industrial (employment) use to meet long-term needs. The proposal would assist in realizing the employment uses that are planned for this employment area. Moreover, the proposed development would help to protect the natural features and functions of the abutting Huron Natural Area (HNA) by expanding the HNA through the dedication to the City of a 4.00 ha (9.9 acre) parcel of land abutting the HNA as a created wetland block and by establishing a setback / buffer between the proposed industrial lots and natural heritage features. Staff is of the opinion that the proposed purpose-built wetland that will be designed in accordance with the EIS will provide better wildlife habitat than the existing wetlands that were inadvertently created through unplanned grading and dereliction. Also, ecological function and biodiversity of natural heritage systems is promoted through the dedication to the City of a 30 -metre -wide wildlife corridor block to facilitate wildlife passage from the HNA to the nearby wetland / pond to the northeast. Regional Official Plan (ROP): The Region of Waterloo is an upper -tier municipality without planning responsibilities. The More Homes Built Faster Act, 2022, amended the Planning Act by transferring planning responsibilities from upper -tier governments across the Province, including the Region of Waterloo to local municipalities. The Region is responsible for commenting on the infrastructure and service delivery that the Region of Waterloo delivers to the community, such as Public Health and Paramedic Services, Affordable Housing, source water protection, water and wastewater infrastructure, transit and transportation, waste management, and the Region of Waterloo International Airport. As a result, the Region no longer has a ROP as it is now an Official Plan for area municipalities who are responsible for implementation of the ROP until it is repealed through a future Area Municipal planning exercise. The subject property is within the `Urban Area' and `Designated Greenfield Area', as shown on Map 2 — Urban System of the Regional Official Plan (ROP). Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The ROP directs most of the region's future growth within the Urban Area to Page 121 of 295 delineated built-up areas through intensification. However, new development is also directed to designated greenfield areas, to accommodate some of the Region's forecasted growth. Development within both the built-up areas and designated greenfield areas is intended to contribute to the establishment of 15 -minute neighbourhoods which contain a broad mix of land uses where people can meet their daily needs for goods, services, and employment within a 15 -minute trip by walking, cycling, and rolling, and where other needs can be met by using direct, frequent, and convenient transit. The majority of the subject property is designated within the Regional Official Plan as 'Employment Area' on Map 3 — Employment Areas. The ROP states that such areas are protected for employment (industrial) uses. Commercial and Residential uses are not permitted in these areas. Part of the reason for these protections is to ensure that compatibility issues do not arise, between industry and more sensitive land uses and to ensure that industry can flourish without the need to scale -back to ensure compatibility. After the review and approval of the Environmental Impact Assessment submitted by the applicant in support of the proposal, the limit of the abutting `Core Environmental Feature' on Map 4 — Greenlands Network abutting the western fringe of the subdivision, has been refined based on site-specific details for the protection of Huron Natural Area. Accordingly, a portion of the subject property is now identified as `Core Environmental Feature' (Block 12). These lands will be conveyed to the City via a draft approval condition. Regarding Core Environmental Features, the ROP states 7.C.1 Core Environmental Features are those environmental features identified as being provincially significant or regionally significant. These features are the most significant elements of the regional landscape in terms of maintaining, protecting and enhancing biodiversity and important ecological functions. Core Environmental Features are designated as shown on Map 4. The Core Environmental Features designation applies to lands that meet the criteria as: (a) Significant Habitat of Endangered or Threatened Species; (b) Provincially Significant Wetlands; (c) Environmentally Sensitive Policy Areas; (d) Significant Woodlands; (e) Environmentally Significant Valley Features; or (f) Significant Areas of Natural and Scientific Interest. DHA staff is of the opinion that the application conforms to the ROP, since it would facilitate development and growth within the `Urban Area' that contributes to the establishment of 15 -minute neighbourhoods (i.e., complete community). Also, the proposal would facilitate the establishment of employment (industrial uses) which are intended within Employment Areas. In addition, the 'Core Environmental Feature' is proposed to be protected from development through the creation of a wetland on Block 11 and a setback / buffer along the western fringe of the subject property — and conveyance of this block to the City— as an expansion of Huron Natural Area. Page 122 of 295 City of Kitchener Official Plan (OP): The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete, and healthy community. The subject lands are primarily within the Designated Greenfield Area, as outlined on Map 1— City Urban Area and Countryside. The Official Plan states that "Although much growth will be accommodated within the Built -Up Area, the Designated Greenfield Area is also an important location for planned growth. Development in these areas will contribute to a healthy, complete and balanced community. Generally, new development in this area will be planned and designed based on transit routes (existing and planned) and walkability." It should be noted that the section of Strasburg Road abutting the subject property is identified as a Planned Transit Corridor on Map 2 — Urban Structure of the Official Plan. Urban Structure: The majority of the subject property is identified as `Industrial Employment Areas' on Map 2 - Urban Structure of the Official Plan. The planned function of Industrial Employment Areas is to support and maintain economic activity in the city by providing an adequate supply of land for a range of industrial -related employment uses and appropriate accessory and ancillary uses. Employment growth and intensification is anticipated and encouraged within Industrial Employment Areas. DHA staff is of the opinion that the proposed subdivision conforms to the Industrial Employment Areas policies of the Official Plan, since the subdivision will facilitate employment uses. After the review and approval of the Environmental Impact Assessment submitted by the applicant in support of the proposal, the limit of the abutting `Green Areas' land use designation abutting the western fringe of the subdivision, has been refined based on site- specific details for the protection of Huron Natural Area. Accordingly, a portion of the subject property is now identified as `Green Areas (Block 12). These lands will be conveyed to the City via a draft approval condition. Per the Official Plan, "The planned function of Green Areas is to protect and conserve the ecological functions and features and passive and active recreation that these areas provide." DHA staff is of the opinion that the proposed subdivision conforms to the Green Areas policies of the Official Plan, since it will protect these lands from development through the creation of a wetland on Block 11 and a setback / buffer along the western fringe of the subject property — and conveyance of this block to the City — as an expansion of Huron Natural Area. Land Use Designation: The majority of the subject property is designated `Business Park Employment' on Map 3 — Land Use. The Business Park Employment land use designation applies to lands which Page 123 of 295 are planned as a unit and tend to be regarded as a prestigious location for certain industrial uses due to its access to major transportation corridors, high visibility, and distinct identity. This designation permits a wide range of manufacturing and other employment uses. DHA staff is of the opinion that the proposed subdivision conforms to the `Business Park Employment' policies of the Official Plan, since the subdivision will facilitate employment uses. Need for Employment Uses: Economic Development staff advises that there are currently less than 40 hectares (100 acres) of undeveloped land held by the private sector that can be developed for industrial / employment use within the City of Kitchener. When this supply of land has been developed, there will be no further land available for future industrial development. It is extremely difficult to create new employment areas. The proposed Plan of Subdivision represents the current demand from prospective industrial users, with lots between 0.7 and 1.2 hectares (1.7 and 3.0 acres). Industrial purchasers want the ability to design -build new spaces to meet their requirements and specifications, rather than divide existing, larger spaces, which is not economical. Advanced manufacturing is a critical industry sector representing 18% of Kitchener's local economy. Manufacturing in the Kitchener Census Metropolitan Area currently employs 71,900 people. The proposed Plan of Subdivision has the potential to create up to 1,800 new high value manufacturing jobs (i.e., 2.5% increase), including advanced manufacturing, with additional new jobs created within the local supply chain. Kitchener is one of the fastest growing Census Metropolitan Areas in Canada. Canada's highly educated and skilled workforce is an asset for manufacturers seeking talented professionals. The second phase of Conestoga College's School of Trades and Apprenticeship is designed to provide trades to support the local manufacturing sector. Innovation is paramount for ongoing success with research completed in partnership with the University of Waterloo and Conestoga College. Furthermore, manufacturers and innovators employ co-op students from the University of Waterloo, Wilfred Laurier University and Conestoga College, providing them with hands on practical experience enabling them to advance their learnings. In summary, partnerships between the manufacturing / employment uses that would be facilitated through the proposed Plan of Subdivision and local post -secondary institutions have the potential to create synergy and innovation that is beneficial to both, thereby benefiting the economy as a whole. In this case, the subject lands are currently planned for employment uses through the Official Plan (and zoning), and the lands are already included within Huron Business Park boundary. The proposed Plan of Subdivision represents a logical next step in developing Huron Business Park, noting that employment uses are the only suitable uses for these lands (not commercial or residential). Moreover, the subject lands have been disturbed since at least the 1940s and are not considered a Core Natural Heritage Feature. After the review and approval of the Environmental Impact Assessment submitted by the applicant in support of the proposal, the limit of the abutting `Natural Heritage Conservation' land use designation abutting the western fringe of the subdivision, has been refined based on site-specific details for the protection of Huron Natural Area. Page 124 of 295 Accordingly, a portion of the subject property is now designated as `Natural Heritage Conservation' (Block 12). These lands will be conveyed to the City via a draft approval condition. Per the Official Plan, "The primary intent of the `Natural Heritage Conservation' land use designation is to protect and/or conserve our natural heritage features and their ecological functions." DHA staff is of the opinion that the proposed subdivision conforms to the Natural Heritage Conservation policies of the Official Plan, since it will protect these lands from development through the creation of a wetland on Block 11 and a setback / buffer along the western fringe of the subject property — and conveyance of this block to the City — as an expansion of Huron Natural Area. As aforementioned, since the proposal conforms fully to the Official Plan, an Official Plan Amendment is not required. Zoning By-law 2019-051: The entirety of the subject property is zoned `Service Business Park Employment Zone (EMP -4)'. The purpose of this zone is to accommodate industrial uses and limited complimentary uses that support adjacent employment lands. Lands that are zoned 'EMP - 4' are to be located within 450 metres of existing or planned transit corridors (note that the subject site directly abuts a Planned Transit Corridor on Strasburg Road). The `EMP -4' Zone permits a wide range of industrial uses, including, for example: manufacturing (excluding noxious uses); repair operations; printing and publishing operations; recycling operations; Computer, Electronic, Data Processing, or Server Establishment. As aforementioned, the proposed industrial lots comply with the Zoning By-law. In this regard, a Zoning By-law Amendment is not required to facilitate the subdivision. In this regard, it is worth noting that the subject lands could be developed now with a large employment use, through a Site Plan Application, without any Council approvals (e.g., a large factory). This application is simply facilitating the technical division of land only (e.g., to create conveyable lots and streets). However, through this subject Subdivision Application, the City is able to leverage the Draft Approval conditions to comprehensively implement the EIS, including requiring the creation of a purpose-built wetland, setback / buffer to key environmental features, etc. Through a future housekeeping amendment to the Zoning By-law, DHA staff will ensure that the zoning is amended to be consistent with the refinements to the boundaries of the Natural Heritage Conservation land use designation (following the review and approval of the Environmental Impact Assessment submitted by the applicant in support of the proposal). Community Input and Staff Responses: Staff received written responses from 14 community members with respect to the proposed subdivision (9 community members provided written comments, while 5 requested additional information only). The comments received are included in Attachment `E'. A virtual neighbourhood meeting was held on September 4, 2025. It should also be Page 125 of 295 noted that staff was made aware of an online petition that relates to this application and a few other planning -related applications, all of which are adjacent to the HNA. At the writing of this report, the petition had not been submitted to staff and it claims to have "3,526 verified signatures." The petition is available here: https://www.change.org/p/stop-the- development-surrounding-the-huron-natural-area-in-kitchener. A summary of what staff heard from the community, and staff responses are noted below. i 1 no Ell I VA 81 no I I ink] N �46 property owners and tenants were circulated and notified. 14 community members provided comments by email or telephone. A City -led Virtual Neighbourhood Meeting was held on fill; � September 4, 2025 and approximately 28 different users logged on. What We Heard This is an area that is attached to the Huron Natural Area and should be maintained as a natural area for wildlife. This area is an invaluable ecological and cultural resource, and further development would significantly harm its delicate ecosystems. The proposed development poses risks to local wildlife, including at -risk species such as turtles, and would contribute to habitat fragmentation and environmental degradation. Staff Comment The City agrees that the Huron Natural Area (HNA) is a significant component of Kitchener's Natural Heritage System (KNHS). That is why the City has been acquiring properties there since the early 1990s, and has protectively zoned all of it as well. The lands that are the subject of this Draft Plan of Subdivision were never part of the HNA and are not part of the HNA. In addition, the subject lands are outside of the Core Natural Heritage Features (Provincially Significant Wetland and Regionally Significant Woodland). The subdivision lands are adjacent to the KNHS / HNA. Therefore, a comprehensive Environmental Impact Study (EIS) was required to be completed, reviewed and approved by the Province, the Region, the GRCA and the City. Recommendations for avoidance and mitigation are made in the EIS and will be implemented through conditions of approval. In this way, no adverse environmental impacts are anticipated. In fact, the biophysical environment will be enhanced with this application to provide higher quality habitat for wildlife. Is the setback / buffer to An EIS was required to be completed, reviewed and Huron Natural Area sufficient? approved by the Province, the Region, the GRCA and the Citv. Recommendations for avoidance and Page 126 of 295 Page 127 of 295 mitigation, including setbacks / buffers are made in the EIS and will be implemented through conditions of approval. The EIS was reviewed and approved by the City, the Region, the GRCA and the Province. How will the wildlife corridor The wildlife corridor connects the larger HNA to the work and how will it be west, the created upland / wetland Block 11, under the maintained? future McBrine extension via an appropriately designed ecopassage to Block 12, a 30m -wide wildlife corridor to be appropriately designed to provide access to a mostly natural wetland / pond to the northeast. Blocks 11 and 12 will be owned and maintained by the City in the fullness of time, after a period of years of monitoring by the Developer to ensure these habitats are functioning as intended. Final detailed design of Block 12 is required through Draft Approval conditions, to satisfaction of applicable agencies. Why are trees permitted to be Trees are permitted to be removed throughout the city removed adjacent to the under certain circumstances, and consistent with any Huron Natural Area? applicable bylaws, conditions of development registered on the title of properties, easements and/or study processes outlined in the City's Tree Management Policy. In this case, the Subdivider is required to follow the methods outlined in the Tree Management Policy and any conditions of approval. Unless hazardous, trees in any setback / buffer areas will not be removed; future study will confirm. The preliminary salt load The Region (responsible for groundwater protection / analysis conducted states risk management) advises that the applicant will be "...mitigative measures will be responsible for the cost of planning and implementing required for the proposed Site the recommended mitigative measures associated with Plan developments to address chloride impacts, including, but not limited to, salt potential impacts on management plans. The recommendations must be groundwater quality and Salt accepted by the Region, prior to implementation. Management Plans should be prepared for all industrial lots The Region must review and accept Salt Management within the proposed Plans (SMP) and Stormwater Management (SWM) development subject to the briefs for individual lots as a condition of draft plan Site Plan Approval process". approval. This review is to ensure that lot -level plans Who is responsible for these align with the overall SWM strategy for the subdivision, recommended mitigative which has been carefully reviewed by Regional staff measures? who are knowledgeable about and responsible for long- term source water protection. These staff will continue to provide input and oversight on how properties are designed and developed to protect groundwater quality from potential salt impacts as the subdivision builds out. Salt Management Plans are educational tools, though they do allow landowners to identify ways to lower winter maintenance costs and qualify for lower Page 127 of 295 Department and Agency Comments: The Draft Plan of Subdivision Application was circulated to all applicable City departments and other review authorities on February 16, 2023. Through the application review and recommended draft approval conditions, staff has addressed all comments. However, it should be noted that Six Nations of the Grand River Elected Council (SNGREC) provided written comments to the City, dated October 15, 2025 (see Attachment `D'). In addition to a discussion with SNGREC staff on October 10, 2025, DHA staff has provided the following response table: SNGREC Comment insurance premiums. Through the review/acceptance This proposal will result in process, they also contribute to final site design (e.g. by particularly severe impacts to identifying designated impervious snow storage Aboriginal and Treaty Rights. The locations). City and Regional staff are committed to land will not be returned to a natural ensuring that Site Plan Approvals for these blocks are state and will impact the reflective of recommendations in both the SWM briefs environment through emissions and and SMPs to reduce salty runoff. use of resources. As noted above, all stormwater from the proposed SNGREC requests a wetland subdivision will be directed through storm sewers to the compensation ratio of 3:1 on-site or Strasburg Stormwater Management Pond, located on 4:1 off-site. the opposite side of Strasburg Road — away from the HNA. No stormwater will be directed towards the HNA. It appears that this proposed DHA staff can confirm that all current Subdivision, development is within 10 km Official Plan Amendment, and Zoning By-law of the Haldimand Tract/Grand Amendment Applications have been circulated to Six River Corridor. What is the Nation of the Grand River Elected Council (SNGREC) plan to include the Indigenous for comments, including the subject application. See community in this proposed below section entitled, Department and Agency development? Comments for SGREC's comments and City staff responses. Department and Agency Comments: The Draft Plan of Subdivision Application was circulated to all applicable City departments and other review authorities on February 16, 2023. Through the application review and recommended draft approval conditions, staff has addressed all comments. However, it should be noted that Six Nations of the Grand River Elected Council (SNGREC) provided written comments to the City, dated October 15, 2025 (see Attachment `D'). In addition to a discussion with SNGREC staff on October 10, 2025, DHA staff has provided the following response table: SNGREC Comment Planning and Housing Policy / Development and Housing Approvals Staff Response This proposal will result in While it is true that the land will not be returned to particularly severe impacts to a natural state, the proposed subdivision will Aboriginal and Treaty Rights. The essentially benefit the abutting Huron Natural land will not be returned to a natural Area by expanding its borders and ensuring state and will impact the adequate setbacks to natural features. environment through emissions and use of resources. SNGREC requests a wetland The existing wetlands are anthropogenic compensation ratio of 3:1 on-site or ("human -made") — a result of abandoned 4:1 off-site. development / area grading, ecologically very immature, and can be considered to be having a negative environmental impact. City; GRCA (prior to recent mandate changes); the Ministry of Page 128 of 295 Page 129 of 295 Natural Resources (MNR); and the Ministry of Environment, Conservation and Parks (MECP) have deemed these wetlands eligible for removal as they are not environmentally beneficial to the Blanding's Turtle habitat, nearby Provincially Significant Wetland and/or Regionally Significant Woodland. Please include SNGREC in City staff confirms that SNGREC has been consultation on the detailed design included in the draft approval conditions as an of the wetland area. agency that must be consulted as part of detailed design of the created wetland. The presence of invasive plant This is part of the Detailed Vegetation and species is also a threat to the Habitat Creation / Buffer Planting Plans to be success of the wetland. SNGREC finalized after Draft Plan Approval and is requests the removal of invasive committed to in the EIS. Also, 5 years of species from the property before monitoring is required by the Overall Benefit wetland creation is finished and a Permit (MECP) as well as by the City. thorough monitoring and management plan for invasive species on the property extending for a minimum of 5 years which resets if invasive species establish in this wetland. What contingency plans will be The City will be taking a Letter of Credit for prepared for the wetlands in case of wetland creation and buffer planting. habitat failure, and how much contingency funding will be allocated for these contingency plans? SNGREC requests 41 m buffers from Buffers are best determined on a site-specific all wetlands. basis through completion, review and approval of a Scoped EIS. This has been done for this application and the proposed buffers in the site- specific EIS are supported by City environmental planning staff. The woodlot around lots 8, 9, and 10 Buffers are best determined on a site-specific is only given a 10m buffer despite basis through completion, review and approval of being directly connected to HNA. a Scoped EIS. This has been done for this application and the proposed buffers in the site- specific EIS are supported by City environmental planning staff. The three proposed turtle nesting The created turtle habitat, most specifically areas are all proposed within the Blandings Turtle habitat, has been assessed by 15m buffer, meaning that the nesting MECP Species At Risk (SAR) staff and an areas themselves do not have their Overall Benefit Permit WC -C-006-23 has been own buffers. issued by the Minister (MECP) under the Endangered Species Act (Section 17(1) and Clause 17 (2) (c)) on January 28, 2025. While exclusion fencing is important The purpose of the proposed Wildlife Corridor to reduce road mortality, it also (i.e., Block 12 on the Plan of Subdivision) is to Page 129 of 295 further restricts animal species, improve wildlife connectivity. Also, exclusion creating new hazards such as fencing specifications are to the satisfaction of predatory choke points, reducing the Minister (MNR) under the conditions of the potential nesting and foraging, and Endangered Species Act (ESA) permit. Further, reducing habitat connectivity. plans for such fencing can be reviewed by SNGREC requests that this is SNGREC as part of design after DP approval. compensated for by reducing the scale of this development and improving habitat connectivity. SNGREC requests that exclusion fencing includes access from the development side for small creatures in case they end up on the wrong side or travel from elsewhere. SNGREC requests the removal or The extension of McBrine Drive is necessary to deviation of the McBrine Drive have two means of access to the subdivision, for southerly extension away from the emergency services reasons [see Section 3.1 c) created wetland. SNGREC of the City's Emergency Services Policy], as well acknowledges that the southerly as to ensure efficient access to and through the extension is needed for emergency subdivision. Also, to protect wildlife from vehicles access, but requests the exploration travelling along the extension of McBrine Drive, of other options that could have an ecopassage under the extension of McBrine reduced environmental impacts. Drive will be constructed. In addition, if the McBrine Drive extension was removed or relocated, it would drastically change the lotting and road layout, significantly reducing the number of industrial lots and subdivision functionality. Through the future detailed design of the created wetland subdivision block, an increased buffer between the created wetland boundary itself and the McBrine Drive extension may be considered. SNGREC requests that native plant All plantings immediately adjacent to the Natural species are prioritized in Heritage System (NHS) must be consistent with landscaping efforts, and that the plant list for areas adjacent to the NHS (e.g. invasive or potentially invasive buffers / Created habitat in Block 11). This will be species are completely avoided. ensured through the City's approval of the design Please provide SNGREC with a for these areas. Staff can certainly share the landscape plant list before plans with SNGREC at that time. Staff has procurement begins. revised a recommended draft approval condition to include that SNGREC must be consulted regarding the species to be planted. SNGREC appreciates the City of The City would not accept the planting and Kitchener's commitment to replant release the Letter of Credit with unacceptable any shrubs that do not survive. levels of "die -off" of planted material. Please clarify what situations would In the City's experience, Landowners observe require tree removal within the bird these removal windows 100% of the time, as it is breeding and active bat season. expensive to have biologist sweeps concurrent SNGREC disapproves of this clause with removals. The City is obligated to give the Page 130 of 295 except for in hazardous situations such as trees that are expected to fall in a dangerous manner. alternative, as that is how relevant governing legislation is written since there may be circumstances like the one identified (e.g., hazards) that may arise. SNGREC requests that the buildings The City's Urban Design Manual contains and streetscapes are designed "Design for Wildlife" Guidelines, which are using bird and light friendly intended to be applied through the Site Plan practices. This includes minimizing Approval Process (includes bird -friendly reflective surfaces, creating visual practices). For example: markers on windows, and directing "All development is to meet a Dark Sky light downwards. compliant standard by using full cut-off fixtures with no uplighting (UO). A Dark Sky standard reduces light pollution, improving the well-being, health and safety of both people and wildlife and resulting in less energy usage." • "Migratory birds move through cities at night. In order to preserve dark skies and to lessen migratory bird strikes, consider automated lighting to reduce unnecessary interior light." • "Design the first 12m of a building to prevent bird strikes by limiting the potential for reflection of trees and sky through material choice and detailing." Copies of the department and agency comments are found in Attachment `D' of this report. The following reports and studies were considered as part of the subject applications: Planning Justification Report Prepared by: GSP Group, February 6, 2023 Updated Urban Design Brief Strasburg Technology Business Park Prepared by: GSP Group, dated May 2025, Amended September 2025 Amended Environmental Impact Study Prepared by: GHD, March 2025 Functional Servicing and Stormwater Management Report Prepared by: Walter Fedy, October 21, 2022 Preliminary Salt / Chloride Loading Analysis Prepared by: Walter Fedy, January 23, 2023 Page 131 of 295 Transportation Impact Study Prepared by: Paradigm Transportation Solutions Limited, June 2022 Planning Analysis and Conclusions: Development and Housing Approvals staff recommends approval of the Draft Plan of Subdivision Application, subject to the conditions outlined in this report. Staff also recommends that the associated Urban Design Brief be endorsed and be implemented through the recommended subdivision conditions and future Site Plan Applications. The development proposal represents good planning. The subject lands are outside of the abutting Huron Natural Area (HNA) and Core Natural Heritage Feature (Provincially Significant Wetland and Regionally Significant Woodland) and have been planned for employment uses since 1983. A wetland and setback / buffer to protect natural features will be created and conveyed to the City as an expansion to the abutting HNA. The proposed development represents a desirable balancing of interests, including creating viable lots for employment growth while protecting, expanding, and enhancing the abutting Core Natural Heritage Feature. 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 - Upon registration, there will be ongoing operations costs for the maintenance of the sidewalks, streets, street trees, underground services, created wetland, wildlife corridor, and other infrastructure which is being dedicated to the City. In the long term, there will be repair and replacement costs for streets, sidewalks and services. Following registration, there will be ongoing revenue in the form of industrial property tax revenue. Development Charges will be paid to the City, the Region, and school boards at the time of building permit issuance. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. Two notice signs were posted on the property and information regarding the application was posted to the City's website in February 2023 (and updated, as necessary throughout the review period). An additional postcard advising of the statutory public meeting would normally be forwarded to all residents and property owners within 240 metres of the subject property and those who responded to the preliminary notice, however due to the Canada Post Strike this was unable to be done. Instead, an email notice was provided on October 10, 2025 to everyone who provided written comments. A Virtual Neighbourhood Meeting was held on September 4, 2025. Notice of the Statutory Public Meeting was also posted in The Record on October 3, 2025 (a copy of the Notice may be found in Attachment 'C'). Page 132 of 295 CONSULT — The proposed Draft Plan of Subdivision Application was circulated to residents and property owners within 240 metres of the subject lands in February 2023. In response to this circulation, staff received written responses from 14 community members, which are summarized as part of this staff report and is appended in Attachment `E'. DHA staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright, Manager of Development Approvals Barbara Steiner, Senior Environmental Planner APPROVED BY: Justin Readman, General Manager of Development Services ATTACHMENTS: Attachment A — Draft Plan and Conditions of Draft Approval Attachment B — Updated Urban Design Brief Strasburg Technology Business Park, prepared by GSP Group, dated May 2025, amended September 2025 Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Community Comments Page 133 of 295 Subdivision Draft Approval Conditions Draft Plan of Subdivision Application 30T-23201 1700 Strasburg Road and McBrine Drive 2140221 Ontario Inc. 1. That this approval applies to Plan of Subdivision 30T-23201 for 2140221 Ontario Inc., as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 16, 2025 which shows the following: Lot /Black Lot 1 Industrial Lot 0.88 Industrial Lots: 8.61 Lot 2 Industrial Lot 0.92 Lot 3 Industrial Lot 1.22 Lot 4 Industrial Lot 0.74 Lot 5 Industrial Lot 0.89 Lot 6 Industrial Lot 0.90 Lot 7 Industrial Lot 0.67 Lot 8 Industrial Lot 0.90 Lot 9 Industrial Lot 0.70 Lot 10 Industrial Lot 0.78 Block 11 Open Space / Created Wetland and Buffer 4.00 Open Space: 4.88 Block 12 Open Space / Wildlife Corridor 0.88 Streets A, Roads B, & C 1.76 1.76 Total N/A 15.25 15.25 2. CITY OF KITCHENER CONDITIONS: 2.1 That the SUBDIVIDER shall enter into a CITY Subdivision Agreement, to the satisfaction of the CITY Solicitor, respecting those lands shown outlined on the attached Plan of Subdivision dated October 16, 2025. This Subdivision Agreement shall contain the following conditions: PART 1 GENERAL CONDITIONS The SUBDIVIDER agrees to fulfill each of the following general conditions which follow: Terms 1.1 In this Agreement, a) "Area Grading, Erosion and Siltation Control Plan" means the plan showing the overall the grading plan for each Stage or Phase of a Subdivision being developed. This term applies during the initial grading of the site during the pre -grading stage. b) "Site Grading Plan" means the plan showing grading for a large area, not including single detached lots, usually showing the grades along lot lines and the direction of overland flow. This term applies to sites that will be subject to Section 41 agreements and associated grading and landscaping requirements. c) "Lot Grading and Drainage Plan" means the plan that is submitted to the CITY in concert with a building permit application for an individual lot showing proposed grades along the lot lines in accordance with the Lot Grading Control Plan, internal proposed lot grades, driveway grades, foundation footprint, top of foundation grades, setbacks, lot and building dimensions etc. d) "Lot Grading Control Plan" means the detailed overall grading plan Page 134 of 295 for each Stage or Phase of the Plan of Subdivision being developed showing the final grades for each lot corner, including slopes and embankments, surface water flow from the Lots or Blocks and grades on centerline of roads and overland flow routes. These are approved by the CITY's Director of Engineering During the Servicing Stage. e) "Drainage Control Plan" with Building permit is a plan that shows the site drainage and grading for the individual lot subject of the building permit. f) "Subdivision" means the geographical area of land covered by the draft approval. g) "Subdivision plan" shall mean that plan depicted on the Second Schedule to the Agreement. h) "Stage" means any area which is intended for separate registration. i) "Phase" means a portion of a stage for which separate servicing is intended. J) "Works" referred to in this agreement shall be in accordance with the standards identified in the CITY's Development Manual and shall include Engineering, Operational and Tree Planting and associated work(s) that will form part of public infrastructure. Any deviations therefrom have to be to the satisfaction of the CITY's Director of Engineering Services. k) "Draft Approval means the CITY's conditional approval of the proposed Subdivision Plan(s) for the lands described in the First Schedule hereto." I) "Lot" means a proposed Lot or Block depicted on the Subdivision Plan. Any references therein to a `Lot' also include a Lot or Block depicted on the registered Subdivision Plan." m) "A Streetscape Plan is a comprehensive plan that depicts the inter- relationship between engineering servicing, utility location (including Bell, Canada Post, ENOVA and CITY utilities), tree planting, driveway location, on street parking and priority lot location and coordinates these plan features so as to minimize conflicts between these." n) "A Priority Lot is a lot within a plan of subdivision located on a corner or at the end of a street which forms a terminating view to which particular architectural control and design will be required and may require particular orientation towards the street in order to achieve a desired urban design objective" Plan of 1.2 The final plan(s) for registration purposes shall be prepared in Subdivision accordance with the subdivision plan attached as the Second Schedule, dated October 16, 2025. Plan 1.3 a) Minor changes to said plan, acceptable to the CITY'S Director of Changes Development and Housing Approvals and not affecting the number of lots or blocks may be permitted without an amendment to this Agreement. b) Major changes to the plan or changes affecting the numbering of lots or blocks shall require approval and an amendment to this Agreement; and, c) deleted. Compliance Page 135 of 295 with 1.4 All works referred to within this document will be in compliance with Development the standards described in the CITY's Development Manual as Manual amended from time to time. Any deviation from these standards will require the approval of the CITY's Director of Engineering Services. Service 1.5a) The SUBDIVIDER shall pay the cost of installation of the following Payment and public services: Installation sanitary sewers, drainage works, area grading, lot level grading, multi use pathways, storm water management ponds, storm sewers, watermains, underground electrical distribution plant and lighting with attendant conductors, pipes, pedestals and transformers, driveway ramps, streets, roundabouts, traffic calming measures, pavements, curbs, gutters, fences in public rights-of-way, seeding and sodding, fences or boundary markers, constructed wetland habitat and wildlife corridor (including ecopassage), boulevard landscaping including trees, mailboxes, monuments, street name signs, traffic control signs, sidewalks, multi -use pathways and walkways and all necessary connections, other appurtenances and outlets to the foregoing services. b) The SUBDIVIDER shall install the public services defined in clause a) above to the CITY'S current subdivision standards, as set out in the CITY'S Development Manual and ENOVA'S Manual, each as amended from time to time, in accordance with the engineering plans and procedures approved by the CITY'S Director of Engineering Services or ENOVA'S Engineer. c) Notwithstanding clauses a) and b) above, the SUBDIVIDER shall install any other services including, but not limited to works and services on existing streets as are required to bring the subdivision and abutting and outlet streets up to the CITY'S current subdivision standards, as set out in the CITY'S Development Manual, as amended from time to time, all to the satisfaction of the CITY'S Director of Engineering Services. CITY/ 1.6 If the CITY or ENOVA undertakes to install certain work(s) ENOVA required by this Agreement, the SUBDIVIDER shall pay all costs of Service such work(s) prior to the commencement of such work(s) by the Installation CITY or ENOVA and the CITY or ENOVA may stop such work when funds provided are exhausted. Service 1.7 All service connections to be installed in the subdivision shall be Connection subject to the CITY'S standards and ENOVA'S regulations and no Restrictions connection shall be made to lands not directly abutting a street containing such service without the express consent of the CITY or ENOVA. Workforce 1.8 All work done under this Agreement shall be done expeditiously, in a Qualifi- good workmanlike manner by persons qualified and licensed in cations accordance with all applicable by-laws, statutes and regulations, and so as to cause a minimum of nuisance. Third Party 1.9 The SUBDIVIDER shall indemnify the CITY and ENOVA against any Claims legal liability for losses, damages, claims, demands, actions, suits Indemnity and costs arising directly or indirectly from anything done by the SUBDIVIDER or its employees, contractors or agents, in connection with the subdivision, whether or not in performance of this agreement, and provide proof of public liability and property damage insurance for this purpose in a form and amounts approved by the CITY'S Solicitor. CITY 1.10 The SUBDIVIDER shall be responsible to the CITY and ENOVA for Property the cost of damage done to any public service as defined in Section Page 136 of 295 Damage 1.5 a) on existing street(s) in the immediate vicinity of the subdivision, or the CITY'S or ENOVA's easements, during construction or building by anyone other than the CITY or ENOVA, unless the SUBDIVIDER demonstrates to the reasonable satisfaction of the CITY'S Director of Engineering that such damage was not caused by any employee, contractor, supplier or agent of the SUBDIVIDER, anyone building a home in the subdivision or any employee, contractor, supplier or agent of anyone building a home within the subdivision. If the SUBDIVIDER fails to repair such damage or pay to the CITY the cost of such damage, the CITY'S Chief Building Official may, in his/her discretion, refuse to issue any further building permits within the subdivision. Any dispute between the CITY and the SUBDIVIDER as to the responsibility for any damage shall be resolved in the discretion of the CITY'S consulting engineer and the decision of the CITY'S consulting engineer shall be binding on the CITY and the SUBDIVIDER. ENOVA 1.11 ENOVA shall exercise the CITY'S rights for those CITY works which Rights are under the control and management of ENOVA; however, the CITY'S Director of Engineering Services shall have overriding control with respect to the location and construction of such works. ENOVA shall exercise full rights for those works under its jurisdiction. Servicing in 1.12 Where the SUBDIVIDER has not completed servicing in accordance Public with any approved servicing plan and where the CITY'S Directors of Interest Development and Housing Approvals and Engineering Services consider it is in the public interest to provide such servicing within the subdivision to secure orderly development of the city, the CITY may, in its sole discretion, proceed with the engineering and construction of such services at the SUBDIVIDER'S expense and the cost thereof shall be a charge upon the subdivision and a debt payable by the SUBDIVIDER to the CITY upon receipt by the SUBDIVIDER of notice of the CITY'S decision. This provision shall extend to the servicing of adjacent privately held lands under usual circumstances. Default 1.13 The CITY'S Chief Building Official shall have the power to refuse to grant building permits in the subdivision at any time when the SUBDIVIDER is in default under this Agreement, subject to a period of notice that is reasonable considering the circumstances giving rise to the default. Charge on 1.14 The SUBDIVIDER charges the lands with the performance of this Land Agreement. Where the SUBDIVIDER sells any vacant Lot or parcel of land intended for individual ownership, it agrees to incorporate as a condition of the sale the requirement that the purchaser shall comply with all provisions of this Agreement that specifically deal with grading and work or services to be completed on or in such Lot or parcel. The SUBDIVIDER further agrees that it shall remain primarily liable for full compliance with all provisions of this Agreement dealing with grading and servicing provided, however, that when construction on any lot or block is completed, the grading of the lands is brought into compliance with the approved Lot Grading Control Plan and the requisite certification thereof is provided to the CITY, the obligation of the SUBDIVIDER with respect to the grading and servicing on such lot or parcel or any part thereof shall be at an end. This does not release the owner of such lot or block from being liable to keep the grading of same in compliance with the approved Site Grading Plan as may be required by the CITY. Compliance 1.15 Nothing in this Agreement exempts the SUBDIVIDER or anyone with Laws claiming by, through or under it from compliance with any by-law of the CITY or any statute or regulation of Ontario or Canada or any Page 137 of 295 other law, nor exempts it from any liability accruing to it as the owner of the lands. Further Acts 1.16 Each of the parties agrees to do everything within their power to carry out this Agreement to secure a development of good quality without adversely affecting surrounding development. To achieve the foregoing, and without limiting its generality, the SUBDIVIDER to the extent that it is in its power, agrees in particular as follows: a) to grant any additional easements to the CITY and ENOVA that may be found to be required within five years following the acceptance of the public services defined in Section 1.5; b) to proceed with any grading or other work necessary to facilitate servicing in the public interest by the CITY and ENOVA; c) that no obstructions will be placed on or be allowed to remain on any CITY or ENOVA rights-of-way, easements or streets; d) not to damage any adjacent CITY property; e) to carry out any lawful directions given by the CITY'S Director of Engineering Services or ENOVA'S Engineer; and f) to reserve the right to enter on any lot to do any necessary grading or regrading as required pursuant to Section 4.5 and prior to the completion of grading to the satisfaction of the CITY's Director of Engineering Services. Access for 1.17 a) Where, under the terms of this Agreement, the SUBDIVIDER Local conveys land to the CITY, School Board or other local board or Authorities commission for use for a school site, public park or other municipal purpose, the SUBDIVIDER shall, subject to the approval of the CITY, schedule its road construction to facilitate access to such lands at such time or times as may be required by the CITY in accordance with the approved staging. b) Further, the SUBDIVIDER shall permit the CITY and such local authorities to have temporary passage across any vacant portion of lands owned by the SUBDIVIDER as may be required in the public interest, to facilitate their construction programs. Orderly 1.18 The SUBDIVIDER agrees, when servicing commences, to proceed Servicing with the installation of the public services referred to herein as promptly as good practices permit. The SUBDIVIDER agrees that the CITY'S Director of Engineering Services may specify in what the services are to be installed and may require that such steps be taken as are in his opinion necessary to protect existing work, or to protect works already installed under this Agreement. Servicing 1.19 The CITY'S Director of Engineering Services and ENOVA'S Inspections Engineer shall have the right to inspect the work while it is in progress. This inspection may be done by officers or employees of the CITY or ENOVA or Consulting Engineers appointed by the CITY or ENOVA. In all cases, inspection fees shall be payable by the SUBDIVIDER. Additional 1.20 The SUBDIVIDER shall be responsible for and perform any and all Work additional work found to be necessary by the SUBDIVIDER'S Engineer due to site conditions. Where additional drawings or specifications are necessary, the SUBDIVIDER'S engineers shall prepare same and the SUBDIVIDER and its contractor will comply with such revised drawings or specifications when installing or constructing services or works pursuant to this Agreement. Page 138 of 295 Stop Work 1.21 The CITY'S Director of Engineering Services may cause work to be a) by distributing to prospective purchasers the land use plan for the neighbourhood in which the subdivision is located, prepared by the CITY'S Director of Development and Housing Approvals which is current as of the date of the subdivision approval, including any application(s) for development on the subject or adjacent lands. Notice shall be attached advising that the plan may be subject to change and that for updated information, inquiries be made at the CITY'S Director of Development and Housing Approvals; b) by displaying within all central sales offices, if any, within the plan of subdivision, the land use plan showing all newly registered, draft approved and formally submitted plans of subdivision. This plan shall be posted in areas accessible for public viewing and copies of the plan shall be made available to all prospective purchasers; c) by inserting in all agreements of purchase and sale to original occupants, the following: "The Purchaser has been directed to inquire at the CITY'S Director of Development and Housing Approvals as to any applications or concepts for development of adjacent properties. The SUBDIVIDER has not made any representation to the Purchaser concerning the zoning in effect of the development proposed for any lands adjacent to its development"; d) by inserting a warning clause in all agreements of purchase and sale respecting any lots or blocks in close proximity to a source of noise as may be identified elsewhere in this Agreement, advising prospective purchasers of their proximity to the noise, which may interfere with the enjoyment of property. The affected lots and blocks will be specified at the time of the registration of the plan. e) by inserting a statement in all agreements of purchase and sale for any lots or blocks abutting publicly owned open space, stormwater management areas or Core Natural Heritage Features, advising that permanent 1.2 metre high, chain link fencing (per the CITY's Development Manual), permanent wildlife exclusion fencing and / or an alternative marking system is required to be installed and maintained; and, f) by implementing and delivering all information contained in the approved Detailed Vegetation Plan and Tree Preservation / Page 139 of 295 stopped, when, in his/her opinion, the SUBDIVIDER is in default under this Agreement or the contractor is in default under its agreement with the SUBDIVIDER subject to a period of written notice that is reasonable considering the circumstances giving rise to the default or the effects and consequences of such default. When work has been stopped it shall not be resumed until conditions are satisfactory or safe or any necessary remedial work is done to the satisfaction of the CITY'S Director of Engineering Services, as the circumstances require. CITY 1.22 Where the CITY is a contributor to the cost of any services or work Contribution within the subdivision, any tender procedure or bid invitation to Work procedure shall be subject to the prior written approval of the CITY'S Director of Engineering Services. Dissem- 1.23 The SUBDIVIDER agrees that it shall disseminate, or contractually ination of obligate any person who buys any part of the Land from the Information SUBDIVIDER and who constructs a building on the land to disseminate, information about the subdivision and surrounding land use as follows: a) by distributing to prospective purchasers the land use plan for the neighbourhood in which the subdivision is located, prepared by the CITY'S Director of Development and Housing Approvals which is current as of the date of the subdivision approval, including any application(s) for development on the subject or adjacent lands. Notice shall be attached advising that the plan may be subject to change and that for updated information, inquiries be made at the CITY'S Director of Development and Housing Approvals; b) by displaying within all central sales offices, if any, within the plan of subdivision, the land use plan showing all newly registered, draft approved and formally submitted plans of subdivision. This plan shall be posted in areas accessible for public viewing and copies of the plan shall be made available to all prospective purchasers; c) by inserting in all agreements of purchase and sale to original occupants, the following: "The Purchaser has been directed to inquire at the CITY'S Director of Development and Housing Approvals as to any applications or concepts for development of adjacent properties. The SUBDIVIDER has not made any representation to the Purchaser concerning the zoning in effect of the development proposed for any lands adjacent to its development"; d) by inserting a warning clause in all agreements of purchase and sale respecting any lots or blocks in close proximity to a source of noise as may be identified elsewhere in this Agreement, advising prospective purchasers of their proximity to the noise, which may interfere with the enjoyment of property. The affected lots and blocks will be specified at the time of the registration of the plan. e) by inserting a statement in all agreements of purchase and sale for any lots or blocks abutting publicly owned open space, stormwater management areas or Core Natural Heritage Features, advising that permanent 1.2 metre high, chain link fencing (per the CITY's Development Manual), permanent wildlife exclusion fencing and / or an alternative marking system is required to be installed and maintained; and, f) by implementing and delivering all information contained in the approved Detailed Vegetation Plan and Tree Preservation / Page 139 of 295 Enhancement Plan (if applicable) set out in Sections 2.8 and 4.9, to prospective purchasers to ensure that the requirements of such plan(s) are carried out as specified. g) by inserting a statement in all agreements of purchase and sale for any lots or blocks abutting public open space or multi -use pathway corridors advising of the type and location of the facilities proposed within the public lands. Final 1.24 The SUBDIVIDER agrees that any person who is constructing a Grading and structure on the lands shall complete final grading including the Drainage installation and compaction of tree habitat soils, seeding or sodding of each lot in conformity with any site plan and Lot Grading and Control Plan as set out in Section 4.5 and in compliance with all provisions of the CITY'S Development Manual. Drainage 1.25 The SUBDIVIDER covenants that the grades and levels referred in Section 2.13 will be maintained and no lot will be filled, cut or encumbered so as to interfere with drainage, without the approval of the CITY's Director of Engineering Services. It is intended that this covenant shall constitute a restrictive covenant running with the land and each part thereof for the benefit of the subdivision and each part thereof, so far as may be, as a building scheme and for the benefit of the CITY'S streets in the subdivision provided, however, that when construction on any vacant lot or block is completed, all tree habitat soils are compacted and the grading of such lands is brought into compliance with the approved Lot Grading and Control Plan, and the requisite certification thereof is provided to the CITY'S Director of Engineering after the 2 year warranty period, the SUBDIVIDER shall not be responsible for subsequent filling, cutting or encumbering contrary to this section and the obligation of the SUBDIVIDER with respect to the grades and levels on such lot or block shall be at an end. This does not release the owner of such lot or block from time to time from being liable to comply with the provisions of this section. Street 1.26 The SUBDIVIDER shall maintain all road allowances within the Cleaning vicinity of the works within the subdivision free of mud, dust, litter and obstruction, that may occur directly or indirectly on account of construction within the subdivision, on a daily basis throughout the term of this Agreement. This obligation shall be at an end with respect to each street within the subdivision once all construction of structures on such street has been completed with the requisite certification of compliance with the Lot Grading and Control Plan and CITY's Development Manual provisions for all such structures having been provided to the CITY. The SUBDIVIDER, on receiving either written or oral notification from the CITY that work is required, shall immediately undertake such necessary work to clear and/or clean the road allowances. If the SUBDIVIDER fails to comply, the CITY may arrange for such work to be undertaken at the expense of the SUBDIVIDER. The monies for this work may be drawn from the securities referred to in Section 3.4 hereof. State of Site 1.27 The SUBDIVIDER agrees that, if construction within the subdivision ceases for a minimum period of six months, the site shall be put in a condition so as to prevent erosion including the installation of silt fences, wildlife exclusion fences, seeding, sodding or any other mitigated works to the satisfaction of the CITY's Director of Engineering Services in conjunction with the CITY's Director of Development and Housing Approvals and the CITY's Director of Parks and Cemeteries and that if such remediation is not undertaken by the SUBDIVIDER, the CITY may arrange to take the necessary action at the expense of the SUBDIVIDER. The monies for this work may be drawn from the securities referred to in Section 3.3 hereof. Page 140 of 295 1.28 The SUBDIVIDER agrees that, through Site Plan Applications, lot level infiltration galleries are required, to the satisfaction of the CITY's Director of Engineering Services. 1.29 The SUBDIVDER agrees that all Stormwater Management systems, including infiltration requirements, must meet CITY of Kitchener design standards and applicable Regional Municipality of Waterloo, Grand River Conservation Authority, and Provincial standards, to the satisfaction of the CITY's Director of Engineering Services. A 15% oversizing of infiltration measures must be incorporated in the design. PART 2 PRIOR TO AREA GRADING of the Subdivision: Prior to the commencement of any area grading of the subdivision, the SUBDIVIDER agrees to fulfill each of the following conditions: Area Grading 2.1 The SUBDIVIDER agrees to acquire a qualified Engineering Plan Consultant who shall prepare an Area Grading, Erosion and Siltation Control Plan to the satisfaction of the CITY'S Director of Engineering Services and those applicable CITY Departments or regulatory agencies determined by the CITY'S Director of Engineering Services at the time of draft approval. Soils Report 2.2 The SUBDIVIDER shall provide, as a component of the Area for Tree Grading Erosion and Siltation Control Plan, a soils report which Planting meets the requirements of the Urban Forest -Tree Planting and Establishment Section of the Development Manual to the satisfaction of the CITY's Director of Parks and Cemeteries. Grading 2.3 No area grading shall occur on the lands until such time as the Authorization SUBDIVIDER has received a letter of authorization from the CITY'S Director of Engineering Services to proceed, and then only in accordance with the accepted Area Grading, Erosion and Siltation Control Plan. Design and 2.4 Prior to grading or servicing, whichever shall occur first, the Grading for SUBDIVIDER shall prepare and receive approval of grading, Multi -use erosion and siltation control plan and detailed design drawings, Pathways including a cost estimate for the construction of the multi -use pathway with connection to the existing boardwalk/trail within Huron Natural Area, in accordance with the CITY's Development Manual and to the satisfaction of the CITY'S Director of Parks and Cemeteries and the CITY's Director of Engineering Services, in consultation with the CITY's Director of Development and Housing Approvals. Grading of 2.5 The SUBDIVIDER shall, at the time of area grading, fill, compact CITY Lands and grade in both a preliminary and finished form, topsoil and seed/sod those blocks shown on the plan as walkway or multi -use pathway, to the satisfaction of the CITY'S Director of Parks and Cemeteries. Grading plans and implementation within such blocks may include making a grading allowance for a minimum six metre wide flat area for future multi -use pathway purposes. Topographic al Features Noise Study 2.6 The SUBDIVIDER agrees that so far as good engineering practices permit, the existing topographical features will be preserved. Page 141 of 295 Subsurface 2.7 When the CITY approved Area Grading, Erosion and Siltation Soils Control Plan requires cut or fill, it shall be incumbent upon the Investigation SUBDIVIDER to recognize the details of the soil conditions for the affected portion of the Lands and to take all steps necessary to make the affected portion of the Lands adequate for building foundations. Therefore, immediately following area grading and prior to building construction, the SUBDIVIDER shall submit to the CITY'S Chief Building Official, soils and engineering reports prepared by a qualified Geotechnical Engineer, which shall contain the following: a) Details of such proposed grading operations, including specific areas required to contain structural fill, and a summary sheet and plan designating all lots and blocks within the plan of Subdivision in the following categories: i) lots and blocks with proposed footing elevations in native undisturbed soil; ii) lots and blocks with proposed footing elevations in/on structural fill material, placed under supervision and tested to determine that adequate bearing capacity was achieved; iii) lots and blocks with proposed footing elevations in/on structural fill material, which requires further testing by a qualified geotechnical engineer prior to the footings being poured; and iv) proposed footing elevations are defined as a minimum of 1.2 metres below the proposed finished grade as shown on the approved Lot Grading Control Plan; and, v) lots and blocks that have soils conducive for infiltration, and which could support the construction of infiltration galleries. b) In clauses ii) and iii) above, plans acceptable to the Chief Building Official shall be provided illustrating the limits of the structural fill material placed if it is less than the total lot or block area; and, c) No building permits shall be available for those lots and/or blocks in the affected stage until the required soils report has been submitted to the CITY'S Chief Building Official for approval, a reasonable time for review has transpired and the SUBDIVIDER has submitted to the CITY'S Chief Building Official a detailed list specifying the affected lots or blocks, arising out of the summary sheet provided in clause a) above and has received written approval from the Chief Building Official. Tree 2.8a) In consideration of the wooded character of the subdivision lands Management and the CITY'S desire to minimize the impact of development on /Detailed treed areas worth retaining, the SUBDIVIDER agrees to submit a Vegetation Detailed Vegetation Plan and to obtain approval from the CITY'S Plan Director of Development and Housing Approvals b) The SUBDIVIDER shall provide a digital copy of the approved Detailed Vegetation Plan (where applicable) showing the approved grading, to the CITY'S Director of Development and Housing Approvals C) The SUBDIVIDER shall implement all approved measures for the Page 142 of 295 10 protection of isolated trees, tree clusters and woodlands as approved in the Detailed Vegetation Plan (where applicable) and to provide written certification from the SUBDIVIDER'S Environmental Consultant to the CITY'S Director of Development and Housing Approvals that all protection measures have been implemented and inspected, in accordance with the CITY'S Tree Management Policy. Failure to 2.9 In the event the SUBDIVIDER fails to comply with Section 2.3, the Comply SUBDIVIDER shall be responsible for the regrading of all the lands within the plan, at their own cost and in accordance with the approved Lot Grading Control Plan to the Satisfaction of the CITY'S Director of Engineering Services in consultation with the CITY's Director of Parks and Cemeteries. Topsoil 2.10 The SUBDIVIDER shall topsoil and seed all areas not immediately Future used for development purposes immediately following the completion Development of area grading of such lands and in the event of winter conditions, by June 1 of the following year to the Satisfaction of the CITY's Director of Engineering Services. During 2.11 The SUBDIVIDER agrees to submit, obtain approval of and implement Development a Stormwater Management Report which includes a detailed "during SWM development" monitoring and response program of all Storm Water Monitoring related infrastructure and appurtenances. The program is to be approved by the CITY'S Director of Engineering Services in consultation with the CITY'S Director of Development and Housing Approvals, the CITY's Director of Parks and Cemeteries, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the "during development" monitoring program is to ensure the stormwater management facilities satisfy the design criteria specified in the appropriate Subwatershed Plan and/or other approved comprehensive study and to ensure erosion, sedimentation and siltation control measures are maintained and function as approved. The "during development" monitoring program is to extend until substantial completion of the development to the satisfaction of the CITY'S Director of Engineering Services. The developer further agrees to implement any remedial action deemed necessary as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the CITY'S Director of Engineering Services. Post 2.12 The SUBDIVIDER agrees to submit, obtain approval of, and implement Development a detailed "post development" monitoring program in accordance with SWM the approved Storm Water Management Report for the Subdivision and Monitoring in accordance with the Amended Scoped Environmental Impact Study (GHD, March 2025). The program is to be approved by the CITY's Director of Engineering Services in consultation with the CITY's Director of Development and Housing Approvals, the CITY's Director of Parks and Cemeteries, the Grand River Conservation Authority, and Six Nations of the Grand River Elected Council (SNGREC). The purpose of the "post development" monitoring program is to ensure that the constructed wetland habitat and wildlife corridor and stormwater management facilities continue to satisfy the design criteria specified in the Stormwater Management Report, Amended Scoped Environmental Impact Study (GHD, March 2025) and appropriate Subwatershed Plan and to identify any specific additional maintenance requirements that may be necessary, including but not limited to invasive species control, erosion and sedimentation control measures. The "post development" monitoring program shall occur over a 5 year period from the installation of all habitat enhancements in Block 11 (constructed wetland and buffer) and Block 12 (wildlife corridor / ecopassage), in accordance with the recommendations of the Amended Scoped Environmental Impact Study Page 143 of 295 11 (GHD, March 2025) and MECP Permit WC -C-006-23, to the satisfaction of the CITY's Director of Engineering and Director of Development and Housing Approvals in consultation with the CITY's Director of Parks and Cemeteries and the Grand River Conservation Authority. Furthermore, the "post development" monitoring program shall coincide with the maintenance guarantee period required in the CITY's Standard Form Subdivision Agreement. The developer further agrees to implement any remedial action deemed necessary by the CITY'S Director of Engineering Services as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the CITY'S Director of Engineering Services. Lot Grading 2.13 The SUBDIVIDER shall obtain approval of a Lot Grading Control Plan Control Plan showing the required elevation including slopes and embankments of each corner of each lot and block in the Plan and the required elevation(s) of the building site as well as the required direction flow of surface drainage which must be approved by the CITY'S Director of Engineering Services, in consultation with the CITY's Director of Development and Housing Approvals and those applicable regulatory agencies determined at the time of draft plan approval. Further, the SUBDIVIDER agrees to provide a digital copy of the approved Lot Grading Control Plan to the CITY'S Director of Engineering Services, and the CITY's Director of Development and Housing Approvals, once the plan is approved. 2.14 The SUBDIVIDER agrees that individual site plan applications within this subdivision shall be developed in accordance with the Council - endorsed Strasburg Technology Business Park Urban Design Brief, dated May 2025, as amended, and CITY of Kitchener Urban Design Guidelines for the Huron Trillium Industrial Employment Area, to the satisfaction of the CITY's Director of Development and Housing Approvals. 2.15 The SUBDIVIDER agrees that prior to area grading, any required grading and construction within regulated habitat of Species At Risk will be restricted to either the winter dormancy period or restricted to work zones that have been delineated with temporary fencing that prevents Species At Risk from entering work areas in accordance with Amended Scoped Environmental Impact Study (GHD, March 2025), all to the satisfaction of the CITY'S Director of Engineering Services and the CITY'S Director of Development and Housing Approvals the Ministry of Environment, Conservation and Parks (MECP) or Provincial Successor thereof. The SUBDIVIDER further agrees to regularly inspect and maintain the temporary exclusion fencing until such time as permanent exclusion fencing has been installed. 2.16 The SUBDIVIDER agrees that prior to area grading, servicing and registration of any stage within the plan of subdivision, whichever shall occur first, to obtain if necessary any permits and/ or approvals from the Ministry of Environment, Conservation and Parks (MECP) related to species at risk identified on the subject lands in accordance with the Endangered Species Act (ESA). Any measures required by MECP including but not limited to Overall Benefit Permit WC -C-006-23 issued by the MECP under the ESA (Section 17(1) and Clause 17 (2) (c)). and/or Mitigation Plan shall be to the satisfaction of the CITY's Director of Development and Housing Approvals with the MECP. Mitigation measures that are to be owned and maintained by the CITY shall be to the satisfaction of the CITY'S Director of Parks and Cemeteries and the CITY'S Director of Development and Housing Approvals, MECP or other Page 144 of 295 12 Provincial successor thereof. 2.17 A Planting Enhancement Plan for the buffer of the Core Natural Heritage Feature to the west, including the area of Block 11 immediately to the rear of Lots 8-10, shall be submitted and approved as part of the design of the subdivision to the satisfaction of the CITY's Director of Parks and Cemeteries in consultation with the CITY's Director of Development and Housing Approvals, the Grand River Conservation Authority in areas regulated under the Ontario Conservation Authorities Act, and Six Nations of the Grand River Elected Council (SNGREC), and the plan shall be implemented by the SUBDIVIDER, prior to registration. 2.18 All environmental mitigation measures outlined in the Amended Scoped Environmental Impact Study (GHD, March 2025), including but not limited to a wildlife relocation strategy focused on amphibians and reptiles, shall be implemented by the SUBDIVIDER to the satisfaction of the CITY's Director of Development and Housing Approvals appropriate milestone in the development of the lands. PART 3 PRIOR TO SERVICING Prior to the servicing of each stage of the plan, the SUBDIVIDER agrees to fulfill each of the following conditions: Engineering 3.1 The SUBDIVIDER shall obtain all engineering approvals from the Approvals Ministry of the Environment, Conservation and Parks (MECP), the Regional Municipality of Waterloo and the CITY and no servicing work shall commence except in accordance with engineering drawings approved by the CITY'S Director of Engineering Services. Stormwater 3.2 The SUBDIVIDER agrees to acquire a qualified Engineering Management Consultant who shall prepare a detailed engineering design and Design and report for storm water management and the constructed wetland Landscaping habitat and wildlife corridor (Blocks 11 and 12), and obtain approval thereof, from the CITY'S Director of Engineering Services, in consultation with the CITY'S Director of Parks and Cemeteries, CITY's Director of Development and Housing Approvals Division, Grand River Conservation Authority, Six Nations of the Grand River Elected Council (SNGREC), and those applicable regulatory bodies determined by the CITY'S Director of Engineering Services at the time of draft approval. In addition, the SUBDIVIDER shall have landscape plans for the constructed wetland habitat and wildlife corridor (Blocks 11 and 12) prepared by a Landscape Architect to the satisfaction of the CITY's Director of Parks and Cemeteries in consultation with the CITY's Director of Engineering Services and CITY's Director of Development and Housing Approvals Division. Page 145 of 295 13 Securities 3.3a) The SUBDIVIDER shall deposit securities in an amount not less than 60 per cent of the estimated cost of the public services set out in Section 1.5, as determined by the CITY'S Director of Engineering Services to ensure satisfactory performance of the SUBDIVIDER'S obligations under this Agreement as they pertain to the public services. b) Said security shall be an irrevocable letter of credit or other form of security acceptable to the CITY Solicitor and the CITY'S Treasurer. c) The CITY may reduce these securities proportionately when part of the public services are accepted and in accordance with the requirements of the Overall Benefit Permit WC -C-006-23, as may be amended , provided, however, that the reduction shall not result in less than 110 percent of the cost of the following above ground works or $5000.00 whichever is greater, not yet accepted in accordance with Section 3.4: surface course of asphalt, paved driveway ramps, curbs, gutters, fences, boulevard landscaping including trees and required soil habitat, constructed wetland and wetland habitat, multi -use pathways, street name signs, traffic control signs, walkways, and sidewalks. d) The SUBDIVIDER shall deposit securities in an amount not less than 100 per cent of the estimated cost of the Multi -Use Trail set out in Section 2.4, as determined by the CITY'S Director of Engineering Services to ensure satisfactory performance of the SUBDIVIDER'S obligations under this Agreement as they pertain to the public services in consultation with the CITY's Director of Parks and Cemeteries. At the CITY's discretion, the CITY may draw upon these securities to complete any uncompleted work related to the Multi -Use Trail, should the SUBDIVIDER not meet timeframes specified in Conditions 3.24 and 6.7. Warranty 3.4 The SUBDIVIDER shall warrant and guarantee and hereby warrants Period and guarantees all works and services provided for in Section 1.5, against all defects of material and workmanship for a minimum period of 5 years from its completion and acceptance and in accordance with the requirements of the Amended Scoped Environmental Impact Study (GHD, March 2025) and Overall Benefit Permit WC -C-006-23 issued by the MECP under the Endangered Species Act (Section 17(1) and Clause 17 (2) (c)). Acceptance of all services set out in Section 1.5 shall be in writing by the CITY'S Director of Engineering Services or the Engineer of ENOVA, under whose control and management the work falls. Underground works, up to and including the first course of asphalt, curb and gutter, may be accepted separately from above ground works. Each above ground work may be accepted on a street -by -street basis within each Stage. Warranty 3.5 Before release of the security set out in Section 3.3, the Securities SUBDIVIDER shall provide securities in a form set out in Section 3.3b) above in an amount equivalent to the value of fifteen percent of the value of works being considered for initial acceptance, or $5,000.00 whichever is the greater, to support the warranty and guarantee as provided in Section 3.4. Admin- 3.6 The SUBDIVIDER agrees to pay to the CITY'S Director of istration Fee Engineering Services, an administration fee of a percentage amount of the value of the cost of the public services, as determined by the CITY'S Director of Engineering Services, for the approval of engineering drawings. The said percentage amount of the fee shall be as prescribed by Council from time to time. Fifty (50%) per cent of the fee is to be paid prior to the first submission of engineering Page 146 of 295 14 drawings with the balance of the fee (50%) being paid prior to approval of the final set of engineering drawings. Contract/ 3.7 All servicing contracts between the SUBDIVIDER and any contractor Contractor for any work to be done pursuant to this Agreement shall be subject Approval to the approval of the CITY'S Director of Engineering Services and without limiting the generality of the foregoing, every contract shall: (a) be with a contractor acceptable to the CITY'S Director of Engineering Services; (b) contain a provision binding the contractor to file performance and material and labour bonds and liability insurance satisfactory to the CITY'S Director of Engineering Services, with in the case of liability insurance, the CITY named as an additional insured; (c) provide that the work of the contractor shall at all times be subject to the inspection of the CITY or CITY'S consulting engineer and be performed in accordance with the terms of this Agreement; (d) provide that the contractor shall co-operate with the inspectors and engineers at all times, submit materials used for any tests required and comply with any directions given by the inspectors and engineers, to ensure compliance with the plans and specifications; (e) provide that the contractor shall supply a work schedule which may be updated as deemed necessary by the CITY, for the approval of the CITY'S Director of Engineering Services which work calendar shall provide for the work to be carried forward with reasonable expedition and which work calendar shall be adhered to so far as is reasonably possible; (f) include an acknowledgment by the contractor that the contractor looks only to the SUBDIVIDER and not to the CITY for payment of this work. Servicing 3.8 If the SUBDIVIDER wishes to proceed with the installation of Prior to services set out in Section 1.5 prior to registration of the Subdivision Registration Plan, in addition to any other requirements set out in Part 3, the following shall also be required: (i) Approval of any required Detailed Vegetation Plans as set out in Section 2.8; (ii) Approval from the CITY'S Director of Development and Housing Approvals of the draft subdivision plan showing the final Lotting for registration of those lands being serviced. Such plan shall be submitted by the SUBDIVIDER and prepared in accordance with the plan modification required before registration and the approved Engineering drawings; and (iii) Written authorization from the CITY'S Director of Engineering Services following the completion of clauses i) and ii) above. (iv) Approval of an Overall Benefits Permit from the Ministry of the Environment, Conservation and Parks (MECP) Servicing 3.9 If the SUBDIVIDER receives authority to proceed under Section 3.8 Risk it acknowledges and agrees that such servicing is done at its sole risk and the SUBDIVIDER agrees to indemnify the CITY with respect to any claim or loss which may occur as a result of the registration of a Plan of Subdivision other than that approved in clause 3.8 ii). The cost of rectifying any works carried out under Page 147 of 295 15 Section 3.8 will be at the sole responsibility of the SUBDIVIDER. Decorative 3.10 The SUBDIVIDER shall confirm whether decorative street signage Street and street lighting will be used for the subdivision to the satisfaction Signage and of the CITY'S Director of Transportation Planning and ENOVA. Lighting Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER'S cost, including the provision of 10% of the materials for future replacement/maintenance, to the satisfaction of the CITY'S Director of Transportation Planning, CITY's Director of Development and Housing Approvals, Kitchener Utilities, and ENOVA. Master Tree 3.11 The SUBDIVIDER shall prepare a Master Tree Planting Plan and Planting Plan associated details in accordance with the Urban Forestry Tree Planting & Establishment Section of the Development Manual, to the satisfaction of the CITY'S Director of Parks and Cemeteries in consultation with the CITY's Director of Development and Housing Approvals, and Six Nations of the Grand River Elected Council (SNGREC). Streetscape Plan 3.12 The SUBDIVIDER shall prepare a Streetscape Plan in general accordance with the Council -endorsed Strasburg Technology Business Park Urban Design Brief, dated May 2025, as amended, and CITY of Kitchener Urban Design Guidelines for the Huron Trillium Industrial Employment Area, to the satisfaction of the CITY's Director of Development and Housing Approvals, CITY's Director of Engineering Services, CITY's Director of Parks and Cemeteries, CITY's Director of Transportation Services and ENOVA. The Streetscape Plan shall be a comprehensive plan in accordance with Development Manual standards and other CITY standards that illustrates and coordinates the following in order to minimize any conflicts: a) Design and construction details for any centre median boulevards including low -maintenance sustainable plantings and decorative elements; b) Design and construction details for pedestrian crosswalks at key intersections identified in the plan as well as any multi -use pathways; C) Identify the potential locations for utilities including decorative light standards, decorative signage (including Huron Natural Area signage related to wayfinding, regulatory signage, and other information), transit stops and central mailbox facilities; d) Lot flankage treatment including such elements as decorative fencing, landscaping including boulevard trees where appropriate between the side yard fence and the sidewalk on corner lots; e) The location of priority lots, terminating lots or at gateway locations for which specific Architectural Features such as but not limited to windows, grills, porches, roof lines and architectural style on buildings located thereon will be enhanced; f) Design and construction details for traffic calming features including the centre median for the community multi use pathway crossings, alternate intersection treatment at the intersection such as a neighbourhood traffic circle or curb extensions, and traffic calming measures along such as Page 148 of 295 16 pavement narrowing, curb extensions, centre medians or other; g) Conceptually identify neighbourhood -scale entrance features within the daylight triangle and landscape buffer blocks at the main entrance into the subdivision as identified on the plan; These should only be located on private lots/blocks, not in the municipal right-of-way; h) Conceptually identify potential street tree planting locations for primary/priority streets and any intersections therewith, with enhanced treatments to be considered for the first street block (gateway entrance) location; Conceptually identify tree planting locations within the boulevard and associated infrastructure in accordance with the Urban Forestry Tree Planting & Establishment Section of the Development Manual and the Electrical Safety Authority Ontario and in consultation with Six Nations of the Grand River Elected Council (SNGREC) staff; j) Identify the location of driveways along the street; k) Identify the areas along the streetscape for on -street parking. The approved Streetscape Plan shall also ensure the following be considered in the approval of the Servicing drawings: Do not conflict with preliminary driveway locations and potential locations for utilities hydrants or community mail box facilities or Master Tree Planting Plan to the satisfaction of the CITY'S Director of Development and Housing Approvals and CITY's Director of Engineering Services in consultation with the CITY'S Director of Transportation Services, CITY'S Director of Parks and Cemeteries, Canada Post and Kitchener Utilities. ii. Provide that no driveways shall be installed within 1.0m of a street light pole or hydro pole or where the wheels of a vehicle would pass over any part of a submersible transformer vault in accordance with the CITY's Development Manual and to the satisfaction of the CITY's Director of Engineering Services in consultation with the CITY's Director of Transportation Services and Kitchener Utilities. iii. Provide that no sewer or water service will be installed within 1.5m of the centre of proposed submersible transformer vault or within 0.9m of a proposed electrical service stub and that no fire hydrant will be installed within 3.Om of a proposed street light pole or hydro pole. The SUBDIVIDER shall be responsible for ensuring that these separations are maintained to the satisfaction of the CITY's Director of Engineering Services in consultation ENOVA. iv. The location of concrete pads for the placement of the Community Mail Boxes shall be approved by Canada Post and shall be shown on the servicing drawings. Said pads are to be poured at the time of curb and or sidewalk installation within each Stage of the plan of subdivision to the satisfaction of the CITY's Director of Engineering Servicing, in consultation with Canada Post, the CITY's Page 149 of 295 17 Director of Transportation Services and the CITY's Director of Parks and Cemeteries. Should temporary locations be required prior to the installation of all curbs, sidewalks and boulevards for each phase, the temporary locations will be determined in consultation with Canada Post. 3.13 The SUBDIVIDER agrees that prior to area grading, servicing and registration of any stage within the plan of subdivision, whichever shall occur first, to obtain if necessary any permits and/ or approvals from the Ministry of Environment, Conservation and Parks (MECP) related to species at risk identified on the subject lands in accordance with the Endangered Species Act (ESA). Any measures required by MECP including but not limited to Overall Benefit Permit WC -C-006-23 issued by the MECP under the ESA (Section 17(1) and Clause 17 (2) (c)). and/or Mitigation Plan shall be to the satisfaction of the CITY's Director of Development and Housing Approvals in consultation with the MECP. Mitigation measures that are to be owned and maintained by the CITY shall be to the satisfaction of the CITY'S Director of Parks and Cemeteries and the CITY'S Director of Development and Housing Approvals with the MECP or other Provincial successor thereof. 3.14 The SUBDIVIDER shall submit a Detailed Geotechnical / Hydrogeological Investigation Report, to the satisfaction of the CITY's Director of Engineering Services. This report must distinguish the suitability of soils to support the infiltration of roof water. 3.15 The SUBDIVIDER shall submit a detailed water servicing report for the extent of lands that can be serviced by municipal water distribution network, to the satisfaction of the CITY's Director of Engineering Services, Kitchener Utilities, and Regional Municipality of Waterloo. 3.16 Prior to Servicing or Registration which ever shall occur first, the SUBDIVIDER agrees to retain a qualified Engineering Consultant who shall prepare a detailed engineering design and report for the storm water management in accordance with the Strasburg Creek Master Watershed Plan, Huron Road Construction Environmental Impact Study Implementation Report: Stormwater Management Report and the City of Kitchener Integrated Stormwater Management Master Plan (ISWM-MP) volume retention policy (the most stringent policy will apply) to the satisfaction of the CITY's Director of Engineering Services in consultation with the CITY's Director of Operations, the Regional Municipality of Waterloo and the Grand River Conservation Authority. The approved engineering design for Storm Water Management will include a maintenance program for a period of 2 years post 95% build out of the subdivision, which will ensure stormwater management facilities function as designed to the satisfaction of the CITY's Director of Engineering Services. Any maintenance required during this period, prior to the municipality assuming the facilities, shall be at the sole expense of the SUBDIVIDER. 3.17 Prior to Servicing, the SUBDIVIDER agrees to retain a qualified Engineering Consultant who shall prepare a detailed engineering design to upgrade the storm water outlet under Strasburg Road to the existing SWM facility, to the satisfaction of the CITY's Director of Engineering Services. The CITY's off-site works procedure is to be adhered to including posting of securities, signing agreements and the engineering consultant providing full-time inspection of works within CITY property. All off-site works are subject to a minimum two-year Page 150 of 295 18 warranty period from the time of initial acceptance. The cost of outlet upgrade is at the sole expense of the SUBDIVIDER. 3.18 Prior to Servicing, the SUBDIVIDER shall submit a detailed water balance, to the satisfaction of the CITY's Director of Engineering Services. 3.19 Prior to Servicing, the SUBDIVIDER agrees to provide a maintenance security that will form part of the SUBDIVIDER'S Letter of Credit as the current CITY of Kitchener standards as this site will outlet into an existing stormwater management facility. The amount will be 100% of the Engineer's estimated cost to clean out the pond a total of two (2) times, proportionately reduced by a percentage which equals the contributing volume of the subject lands compared to the total contributing volume of the pond, to the satisfaction of the CITY's Director of Engineering Services. Also, the SUBDIVIDER will be required to add the estimated cost to flush the storm sewers up to the SWM facility one (1) time. This estimated cost will be based on the CITY's current sewer flushing rate per metre of pipe, to the satisfaction of the CITY's Director of Engineering Services. 3.20 Prior to Servicing, SUBDIVIDER shall complete a pre -construction geotechnical/hydrogeological study to establish seasonally high groundwater elevations. Monitoring through construction shall continue to ensure established groundwater elevations are not impacted through construction. Individual site plan monitoring is not a requirement, however, foundation elevations will generally be set a min. 0.6m above groundwater elevation. 3.21 Prior to Servicing, the SUBDIVIDER shall submit municipal authorization and alteration of the Environmental Compliance Approval (ECA) issued to the CITY of Kitchener from the Ministry of the Environment, Conservation, and Parks (MECP) for any alterations to the CITY of Kitchener Municipal Sewage Collection and/or Stormwater Management system (including addition, modification, replacement or extension). 3.22 Prior to grading or servicing, whichever shall occur first, the SUBDIVIDER shall prepare and receive approval of grading, erosion and siltation control plan and detailed design drawings, including a cost estimate for the construction of the multi -use pathway with connection to the existing boardwalk/trail within Huron Natural Area, in accordance with the CITY's Development Manual and to the satisfaction of the CITY'S Director of Parks and Cemeteries and the CITY's Director of Engineering Services, in consultation with the CITY's Director of Development and Housing Approvals. 3.23 The SUBDIVIDER shall complete the construction of all multi -use pathways located within the associated Stage, within one year of registration or servicing, whichever shall occur first, in accordance with the CITY's Development Manual and to the satisfaction of the CITY'S Director of Parks and Cemeteries in consultation with the CITY'S Director of Engineering Services in accordance with the approved detail design drawings and development budget as detailed in clause 3.22, approved engineering drawings and the CITY's Development Manual. The SUBDIVIDER shall install at their cost the multi -use pathway with connection to the existing boardwalk/trail within Huron Natural Area including the grading of, granular base courses, all works to connect the multi -use trail to the existing boardwalk/trail within Huron Natural Area; surfacing, topsoiling, seeding, sodding and Page 151 of 295 19 restoration planting, and signage related to Huron Natural Area (e.g., wayfinding, regulatory signage, and other information). The SUBDIVIDER shall undertake all aspects of tendering and constructing the approved works. The SUBDIVIDER shall warrant and guarantee all multi -use pathway construction, including plant material warranty, against all defects of material and workmanship, and maintenance including watering for a period of 24 months from acceptance of the works. Within six months of issuance of the occupancy permit, the SUBDIVIDER shall complete all street tree soil habitat installation within the private lot and adjacent road allowance to meet the requirements of the CITY's Development Manual. Street tree planting shall be completed within one year of issuance of the occupancy permit. PRIOR TO APPLICATION OF ANY BUILDING PERMITS IN EACH STAGES Prior to the application of any building permits in each stage or phase of the subdivision, except as otherwise entitled prior to plan registration, and, notwithstanding any security arrangements set out in Section 3.3, the SUBDIVIDER agrees to fulfill each of the conditions which follow: Lot Grading 4.1 If not already undertaken, the SUBDIVIDER agrees to prepare a Lot Control Plan Grading Control Plan as required in Section 2.13 for each individual lot or block within the subdivision No building permit shall be issued in absence of the Lot Grading Control Plan. Soil 4.2 The CITY'S Chief Building Official may withhold the granting of Stabilization building permits until any required work such as soil stabilization, the placing of structural fill, installation of flood protection, special foundations, retaining walls or other work is completed to his/her satisfaction and has absolute discretion to refuse to grant building permits on any lots or blocks in the plan which, in the opinion of the CITY'S Chief Building Official, are unsuitable for building because of their rocky, low lying, marshy or unstable characteristics or which may be subject to flooding, until such time as all work which may be required to make such land suitable for building or protected from flooding, is completed to the satisfaction of the CITY'S Chief Building Official. Copy of 4.3 The SUBDIVIDER shall lodge both a mylar and digital copy of the Registered registered plan with the CITY'S Director of Development and Housing Plan Approvals immediately after the registration of the plan. Development 4.4 The SUBDIVIDER shall pay the CITY any applicable development Charges charges required by the CITY'S Development Charge By-law, as it may be amended from time to time. Lot Grading 4.5 The SUBDIVIDER agrees: and Drainage a) that a Lot Grading and Drainage Plan which shows foundation Plan elevations and the location of the proposed building, street furniture, all municipal services and any other submission requirements shall be submitted to the CITY'S Chief Building Official with every application for a building permit. The site grading plan shall also show the elevation of the top of the foundation wall(s) of the proposed building, in conformance with the approved Lot Grading Control Plan; b) verification from the CITY'S consulting engineer shall be provided that the site plan will comply with the approved Lot Grading Control Plan and Driveway Location Plan; and Page 152 of 295 20 Letters of 4.6 a) The SUBDIVIDER agrees that no building permits shall be issued Credit- with respect to any lot or block until such time as storm and sanitary Building sewers, water mains, hydro, gas (if applicable), first course of asphalt Permits/ road surface together with curb and gutter, and their related Occupancy appurtenances thereto are installed and accepted to the satisfaction of the CITY'S Director of Engineering Services and ENOVA. b) Notwithstanding clause a) above, the SUBDIVIDER may, at its option, provide a letter of credit for 100% of the estimated cost of the public services as set out in Section 1.5a) as determined by the CITY'S Director of Engineering Services and, subject to all conditions in this Agreement and in accordance with the requirements of the Overall Benefits Permit that require performance prior to the issuance of building permits, shall be entitled to building permits with respect to the lots to be serviced thereby; c) The CITY hereby agrees to reduce the said 100% performance guarantees from time to time to a minimum of 60% as services are installed and proof of payment therefor from the contractors involved is verified to the satisfaction of the CITY'S Director of Engineering Services and in accordance with the requirements of the Overall Benefits Permit. Further reductions may take place in accordance with Section 3.3 c); and, d) The SUBDIVIDER further acknowledges that there shall be no occupancy of any building until such time as storm and sanitary sewers, water mains, hydro, gas (if applicable), and first course of asphalt road surface together with curb and gutter, and their related appurtenances are installed and accepted to the satisfaction of the CITY'S Director of Engineering Services. Lot Grading 4.7 The SUBDIVIDER shall make a Lot Grading and Drainage Plan and and Master Tree Planting Plan of the subdivision available to all Drainage/Ma prospective purchasers, including builders. ster Tree 4.8 The SUBDIVIDER shall reassess all needs of trees to be maintained Manage- as set out in Section 2.8, immediately following the completion of area ment/Tree grading of a particular Stage or Phase. A Tree Maintenance Report as Maintenance outlined in the CITY'S Tree Management Policy detailing all Report recommended tree maintenance measures shall be submitted to and approved by the CITY's Director of Development and Housing Approvals, in consultation with the CITY'S Director of Parks and Cemeteries and Six Nations of the Grand River Elected Council (SNGREC). Page 153 of 295 ii) corner Lots where site service locations and building type have not been predetermined; iii) interior Lots having street frontage greater than 13.7 metres; iv) those Lots where buildings or structures are proposed to be located deeper on the Lots than as approved on the Detailed Vegetation Plan; and v) those Lots on which the revised grading will have an adverse effect on the vegetation which is to be saved, as determined by the CITY'S Development and Housing Approvals and as shown on the Detailed Vegetation Plan. b) The SUBDIVIDER shall implement all measures for the protection of trees to be retained as approved in the Tree Preservation / Enhancement Plan and in accordance with the recommendations of the Amended Scoped Environmental Impact Study (GHD, March 2025) and requirements of the Overall Benefit Permit WC -C-006-23 issued by the MECP under the ESA (Section 17(1) and Clause 17 (2) (c)) and to provide written certification from the SUBDIVIDER'S Environmental Consultant to the CITY'S Director of Development and Housing Approvals that all protection measures have been implemented and inspected in accordance with the CITY'S Tree Management Policy. Temporary 4.10 The SUBDIVIDER agrees: Access Roads a) to construct any required temporary access or temporary emergency access roads in the locations shown on the subdivision plan for the Stage or Phase to the satisfaction of the CITY'S Director of Engineering Services in consultation with the CITY's Director of Transportation Services at the cost of the SUBDIVIDER. The SUBDIVIDER hereby grants irrevocable licences to the CITY for access purposes on the lands on which such roads will be located, which the CITY will release when such roads are no longer required as determined by the CITY'S Director of Engineering Services; and b) that the temporary access or temporary emergency access roads shall remain in place until a second permanent access to the lands being serviced by such temporary access or emergency access is available. No building permits shall be issued for any Lots or Blocks subject to the foregoing licencees until the temporary access or emergency access roads on such Lot or individual parcel of land are no longer required, as determined by the CITY'S Director of Engineering Services, and are removed by the SUBDIVIDER to the satisfaction of the CITY'S Director of Engineering Services. Planting 4.11a) The SUBDIVIDER shall obtain approval of plans/drawings from the Strips CITY'S Director of Development and Housing Approvals for any lots/blocks abutting a Regional Road, showing a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence. Such planting strip shall be developed at the SUBDIVIDER'S cost in Page 154 of 295 21 Tree 4.9a) Where the Detailed Vegetation Plan required in Section 2.8 has Manage- identified that there are trees to be retained in a Stage or Phase or ment/Tree that require further study, the SUBDIVIDER shall submit a Tree Preservation Preservation/Enhancement Plan for the same to the CITY'S Director Enhance- of Development and Housing Approvals in accordance with the ment Plan CITY'S Tree Management Policy for the following Lots or Blocks within the Stage or Phase: i) those Lots which are subject to site plan approval under Section 41 of the Planning Act. This is particularly important for Lot 9, which contains a small portion of the required 10 metre setback from the Regionally Significant Woodland; ii) corner Lots where site service locations and building type have not been predetermined; iii) interior Lots having street frontage greater than 13.7 metres; iv) those Lots where buildings or structures are proposed to be located deeper on the Lots than as approved on the Detailed Vegetation Plan; and v) those Lots on which the revised grading will have an adverse effect on the vegetation which is to be saved, as determined by the CITY'S Development and Housing Approvals and as shown on the Detailed Vegetation Plan. b) The SUBDIVIDER shall implement all measures for the protection of trees to be retained as approved in the Tree Preservation / Enhancement Plan and in accordance with the recommendations of the Amended Scoped Environmental Impact Study (GHD, March 2025) and requirements of the Overall Benefit Permit WC -C-006-23 issued by the MECP under the ESA (Section 17(1) and Clause 17 (2) (c)) and to provide written certification from the SUBDIVIDER'S Environmental Consultant to the CITY'S Director of Development and Housing Approvals that all protection measures have been implemented and inspected in accordance with the CITY'S Tree Management Policy. Temporary 4.10 The SUBDIVIDER agrees: Access Roads a) to construct any required temporary access or temporary emergency access roads in the locations shown on the subdivision plan for the Stage or Phase to the satisfaction of the CITY'S Director of Engineering Services in consultation with the CITY's Director of Transportation Services at the cost of the SUBDIVIDER. The SUBDIVIDER hereby grants irrevocable licences to the CITY for access purposes on the lands on which such roads will be located, which the CITY will release when such roads are no longer required as determined by the CITY'S Director of Engineering Services; and b) that the temporary access or temporary emergency access roads shall remain in place until a second permanent access to the lands being serviced by such temporary access or emergency access is available. No building permits shall be issued for any Lots or Blocks subject to the foregoing licencees until the temporary access or emergency access roads on such Lot or individual parcel of land are no longer required, as determined by the CITY'S Director of Engineering Services, and are removed by the SUBDIVIDER to the satisfaction of the CITY'S Director of Engineering Services. Planting 4.11a) The SUBDIVIDER shall obtain approval of plans/drawings from the Strips CITY'S Director of Development and Housing Approvals for any lots/blocks abutting a Regional Road, showing a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence. Such planting strip shall be developed at the SUBDIVIDER'S cost in Page 154 of 295 22 accordance with the approved plans; b) Such planting strip shall be installed within the affected lots/blocks prior to the transfer of title of such lots/blocks to the first time occupants, or in the event of winter conditions shall be installed by June 1, immediately following such transfer of title; c) The SUBDIVIDER agrees to attach the approved planting plan to all agreements of purchase and sale of lots/blocks in which the required planting strip has not been installed due to winter conditions; and d) Further, if a physical noise attenuation barrier is required, the installation of such barrier shall substitute for the planting strip and fence. Traffic Signs- 4.12 The SUBDIVIDER shall install temporary street name and emergency Emergency access signs in each Phase or Stage of the subdivision at the cost of Response SUBDIVIDER to the satisfaction of the CITY'S Director of Engineering Services in consultation with the CITY'S Fire Chief and the CITY's Director of Transportation Services. Such signs shall indicate that such roads are not assumed by the CITY and are used at one's own risk. 4.13 The SUBDIVIDER shall design and construct all public rights-of-way and all services to the standards specified in the CITY of Kitchener Standards, Development Manual, Regional Standards and other applicable Provincial Standards, to the satisfaction of the CITY's Director of Engineering Services. 4.14 Prior to issuance of building permits, Street A, B, and C shall be constructed by the SUBDIVIDER to appropriate municipal standards and shall thereafter by dedicated to the CITY as public roads. In respect of these dedications, the SUBDIVIDER shall prepare and register any necessary reference plans and prepare all other documents required to complete the conveyances at the SUBDIVIDER's cost and expense. The dedications shall be free of all financial encumbrances to the satisfaction of the CITY's Solicitor. 4.15 For each Lots 1-3 and 8-10, a Scoped Environmental Impact Study shall be completed and submitted to the satisfaction of the CITY's Director of Development and Housing Approvals to demonstrate how lot development complies with the Amended Scoped Environmental Impact Study (GHD, March 2025) and the Overall Benefit Permit WC- C -006-23 issued by the MECP under the ESA (Section 17(1) and Clause 17 (2) (c)). PART 5 PRIOR TO RELEASE OF THE AGREEMENT Prior to the release of the Agreement from the title of any lot, the SUBDIVIDER agrees to fulfill each of the conditions which follow: Final 5.1 a) Prior to issuance of occupancy of the building and in accordance with Grading the current Building By-law, the SUBDIVIDER shall submit to the Consent CITY'S Director of Engineering Services in consultation with the Certificate Chief Building Official, a Final Grading Control Certificate prepared by the CITY'S consulting engineer which shall evidence that the final grading of the lot conforms to the Lot Grading Control Plan within reasonable tolerances, and that as so graded, the lot will provide for surface drainage in accordance with proper engineering practices. Failure to so provide the certificate within the timeline stipulated from occupancy of a building may result in the CITY'S Chief Building Official taking whatever action he or she deems necessary to obtain such certificate at the cost of the SUBDIVIDER. Receipt of the Final Page 155 of 295 23 Grading Control Certificate from the CITY does not absolve the SUBDIVIDER from their obligations as set out in Section 3.3 b) Within six months of the issuance of an occupancy permit for the building within each lot, the SUBDIVIDER shall submit to the CITY'S Director of Parks and Cemeteries a certificate prepared by the SUBDIVIDER'S Engineer which certifies that the final topsoil installation, compaction and grading of the lot meets the requirements of the Development Manual. c) Notwithstanding the sale of any land within the Plan, the SUBDIVIDER shall remain responsible for completing the final grading in accordance with the approved Lot Grading Control Plan, reserves the right of entry to enter on such land to complete any necessary excavation, filling, compaction, grading or regrading. d) When the CITY'S Chief Building Official has received a certificate from the CITY'S consulting engineer with respect to a particular lot or block, the CITY'S Chief Building Official may, upon an application, grant a certificate to confirm whether the lot or block is graded in accordance with Section 2.13 and 4.5 Once the Grading Certificate is issued by the CITY'S Chief Building Official, and the SUBDIVIDER'S consulting Engineer has certified the installation and compaction of the topsoil to meet the Development Manual requirements, the SUBDIVIDER is deemed to have met the obligations set out in Section 1.14. Final 5.2 The SUBDIVIDER acknowledges that upon satisfactory completion of Release all works and services in the affected stage or phase of the subdivision, completion of any remedial or maintenance work required and payment of all CITY accounts, the CITY may give a release on behalf of itself and ENOVA on the Plan or lots and blocks thereof, which release shall not, however, serve to release the Section 5.1 and other grading and restrictive covenant sections. ENOVA hereby constitutes and appoints the CITY its true and lawful attorney for the purpose of executing and granting the said releases. PART 6 OTHER TIME FRAMES The SUBDIVIDER agrees to fulfill each of the conditions which follow: Traffic Signs 6.1 The SUBDIVIDER shall pay for the cost for the installation by the CITY of permanent street name signs, emergency access signs, traffic control signs/devices, and Huron Natural Area signage related to wayfinding, regulatory signage, and other information in the subdivision prior to the placement of the first course of asphalt on a road, all at the cost of SUBDIVIDER, to the satisfaction of the CITY'S Director of Engineering Services in consultation with the CITY's Director of Transportation Services and CITY's Director of Parks and Cemeteries. The SUBDIVIDER shall provide a Letter of Credit for the cost of these signs and their installation to be paid to the CITY of Kitchener at time of issuance of building permits. At such time as the permanent signs are installed, the SUBDIVIDER shall remove, at its cost, the temporary signs referred to in Section 4.12. Monu- 6.2 The SUBDIVIDER will cause all necessary survey work to be done mentation and all necessary survey stakes to be provided at its expense as and Certification when required by the CITY'S Director of Engineering Services. Any standard iron bars, concrete monuments or monumentation of higher standards which are disturbed in the course of servicing or building shall be restored by and at the expense of the SUBDIVIDER. A certificate from an Ontario Land Surveyor or other evidence satisfactory to the CITY Solicitor shall be provided on a street by street Page 156 of 295 24 basis, prior to the release of performance securities for this item to the SUBDIVIDER. Surveyor's 6.3 The SUBDIVIDER shall submit to the CITY'S Chief Building Official a Certificate Surveyor's Certificate (Foundation Certificate) prepared by an Ontario Land Surveyor or professional engineer or certified engineering technologist confirming that the elevation of the top of the constructed foundation wall(s), conforms, plus or minus six (6) inches, to the elevation shown on the site plan. The SUBDIVIDER agrees that no further construction of the building beyond the foundation will proceed until the Surveyor's Certificate has been received by the CITY'S Chief Building Official. Tree 6.4a) Where a tree designated to be saved suffers minor damage due to Management- construction, the SUBDIVIDER shall implement remedial measures Implement- such as trimming, dressing, or bark doctoring at its cost and as Ation/ directed by its Environmental Consultant who prepared the approved Remediation Detailed Vegetation and Tree Preservation/Enhancement Plan (if applicable). b) Where a tree designated to be saved suffers major irreparable damage or is judged to be unsafe in the opinion of the SUBDIVIDER'S Environmental Consultant or the CITY'S Director of Development and Housing Approvals, the SUBDIVIDER shall remove and replace, at its cost, each such tree with one at least of equal value based on the tree value formula as set out in Guide for Plant Appraisal of the International Society of Arboriculture, Latest Edition. c) Tree replacements shall be located on the same Lot or Block as the tree requiring removal or at a location requiring enhancement within the subdivision. d) Furthermore, such remedial measures or tree replacements shall be approved and implemented to the satisfaction of the CITY'S Director of Development and Housing Approvals, prior to occupancy of the unit(s) where the damaged tree is located or, due to weather conditions, by the next planting season. Subdivision 6.5 The SUBDIVIDER agrees to maintain, to the satisfaction of the CITY'S Sign Director of Development and Housing Approvals, the subdivision Installation billboard signs in approved locations in conformity with the Sign By - and Removal law or subsequently approved locations and on lands under its title or under the title of its heirs, successors, or assigns, until ninety percent of the building permits for the subdivision have been issued or at such time as directed by the CITY'S Director of Development and Housing Approvals. Constructed 6.6 The SUBDIVIDER shall install all landscaping of constructed wetland Wetland habitat (Block 10) and wildlife corridor (Block 11), as outlined in the Landscaping Amended Scoped Environmental Impact Study (GHD, March 2025), and according to the timing/sequencing outlined in the Amended Scoped Environmental Impact Study (GHD, March 2025) and in consultation with Six Nations of the Grand River Elected Council (SNGREC). Construction 6.7 The SUBDIVIDER shall complete the construction of all multi -use of Multi -Use pathways located within the associated Stage, within one year of Pathway registration or servicing whichever shall occur first, in accordance with Construction the CITY's Development Manual and to the satisfaction of the CITY'S and Warranty Director of Parks and Cemeteries in consultation with the CITY'S Director of Engineering Services in accordance with the approved detail design drawings and development budget as detailed in clause 3.22, approved engineering drawings and the CITY's Development Manual. The SUBDIVIDER shall install at their cost the multi -use pathway with Page 157 of 295 25 connection to the existing boardwalk/trail within Huron Natural Area including the grading of, granular base courses, all works to connect the multi -use trail to the existing boardwalk/trail within Huron Natural Area; surfacing, topsoiling, seeding, sodding and restoration planting, and signage related to Huron Natural Area (e.g., wayfinding, regulatory signage, and other information). The SUBDIVIDER shall undertake all aspects of tendering and constructing the approved works. The SUBDIVIDER shall warrant and guarantee all multi -use pathway construction, including plant material warranty, against all defects of material and workmanship, and maintenance including watering for a period of 24 months from acceptance of the works. Within six months of issuance of the occupancy permit, the SUBDIVIDER shall complete all street tree soil habitat installation within the private lot and adjacent road allowance to meet the requirements of the CITY's Development Manual. Street tree planting shall be completed within one year of issuance of the occupancy permit. Priority Lots 6.8 The SUBDIVIDER agrees that no building permit shall be applied for or issued for the following Priority Lots unless the building designs are in accordance with the Council -endorsed Strasburg Technology Business Park Urban Design Brief, dated May 2025, as amended, and CITY of Kitchener Urban Design Guidelines for the Huron Trillium Industrial Employment Area and any elevation drawings signed -off by the CITY's Director of Development and Housing Approvals, to the satisfaction of the CITY'S Chief Building Official, in consultation with the CITY'S Director of Development and Housing Approvals: a) Corner (C) Priority Lots, being Lots 5, 6, and 7. b) Terminating Vista (T) Priority Lots, being Lots 2, 3, 8, and 9. c) Gateway (G) Priority Lots, being Lot 4. d) Lots Fronting Open Space and Strasburg Road, being Lots 1 and 10 Fencing 6.9 Prior to occupancy of the first unit or in accordance with the Core Natural recommendations of the Amended Scoped Environmental Impact Study (GHD, March 2025), the SUBDIVIDER shall install permanent 1.5 metre high, chain link fencing, permanent wildlife exclusion fencing and/or an alternate marking system which meets the fencing specifications of the Development Manual to the satisfaction of the CITY'S Director of Parks and Cemeteries along the perimeter of all lots /Public areas and blocks abutting publicly owned open space, Core Natural Heritage Features/Areas, stormwater management areas, or constructed wetland habitat and wildlife corridor, where required by the CITY. The CITY of Kitchener standard property boundary markers will be required along the perimeter of open space blocks where fencing is not required. Purchase/ 6.10 The SUBDIVIDER agrees to include a clause in Agreements of Sale notice to Purchase and Sale with buyers, or in Agreement of Purchase and Sale Home buyers with builders that will require the builders to include a statement in all Agreements of Purchase and Sale and/or Rental Agreements with buyers, that: a) Identify the presence of water pressure reduction devices, where applicable, and advises that these not be removed by the owner/ occupant; b) Advise that there may be of lot level infiltration galleries present and the requirement to maintain such facilities (as applicable). Page 158 of 295 26 Further, occupants/owners shall be notified in the agreement of the exact location, size and intent of the infiltration galleries. The wording of the statement shall be to the satisfaction of the CITY's Director of Engineering Services. c) Advise that due to the sensitive nature of groundwater and the proximity of GUDI wells in this area, the installation of geothermal wells may be prohibited. Sidewalks / 6.11 The SUBDIVIDER acknowledges that sidewalks and/or multiuse trails Multi -Use are required to be constructed on both sides of all streets within the Trails subdivision in accordance with the CITY'S Sidewalk Location Policies and Council -endorsed Strasburg Technology Business Park Urban Design Brief, dated May 2025, as amended. MECP 6.12 The SUBDIVIDER agrees that prior to area grading, servicing and Permits registration of any stage within the plan of subdivision, whichever shall occur first, to obtain if necessary any permits and/ or approvals from the Ministry of Environment, Conservation and Parks (MECP) related to species at risk identified on the subject lands in accordance with the Endangered Species Act (ESA). Any measures required by MECP including but not limited to Overall Benefit Permit WC -C-006-23 issued by MECP under the ESA (Section 17(1) and Clause 17 (2) (c)) and/or Mitigation Plan shall be to the satisfaction of the CITY's Director of Development and Housing Approvals in consultation with the MECP. Mitigation measures that are to be owned and maintained by the CITY shall be to the satisfaction of the CITY'S Director of Parks and Cemeteries and the CITY'S Director of Development and Housing Approvals in consultation with the MECP or other Provincial successor thereof. Agreement re 6.13 Prior to final approval, the SUBDIVIDER agrees to enter into an Permanent Agreement with the CITY to install the permanent fencing, wildlife Fencing and exclusion fencing, temporary paige wire fencing and the Core Natural Signage Heritage Area/Feature limit and interpretive signage, and that the fencing and signage be installed on public land to the satisfaction of the CITY's Director of Development and Housing Approvals. Construction 6.14 Prior to occupancy of each block, the SUBDIVIDER or subsequent of At -Source owner agrees to construct at source infiltration galleries where soils Infiltration permit, to the satisfaction of the CITY's Director of Engineering Galleries Services. Installation of infiltration galleries shall be supervised and certified by a qualified Geotechnical and or Engineering Consultant, at the SUBDIVIDER's or subsequent Owner's expense and to the satisfaction of the CITY's Director of Engineering Services through the Site Plan Approval Process. Conveyance 6.15 The following blocks identified by the Draft Plan of Subdivision dated to City and October 16, 2025 are acceptable as open space conveyance: Timing of Open Space/ Created Wetland and Buffer Block 11 4.00ha Constructed Wetland & Open Space / Wildlife Corridor Block 12 0.88ha Buffer Block Total Open Space blocks 4.88ha and Wildlife Corridor Block The Open Space Blocks shall be conveyed to the CITY immediately following: a) All requirements of the Overall Benefit Permit WC -C-006-23, as may be amended, have been discharged by the SUBDIVIDER, not before, and, b) The required monitoring period as outlined in the Amended Scoped Environmental Impact Study (GHD, March 2025), including invasive species monitoring, and monitoring or reports associated with the Overall Benefit Permit WC -C-006-23, as may be amended, have been successfully completed and accepted Page 159 of 295 27 by the CITY, including any required remediation, and c) That any required mitigation works or remedial measures related to the Overall Benefit Permit WC -C-006-23, as may be amended, have been successfully implemented, accepted by the CITY and Province, as appropriate (at the discretion of the CITY, and d) The lands have been inspected by the CITY and are in an acceptable condition, and e) The Management / Maintenance Plan for the turtle habitat, as outlined in the Amended Scoped Environmental Impact Study (GHD, March 2025) and Detailed Vegetation Plan / Implementation Report has been submitted to the satisfaction of the CITY's Director of Development and Housing Approvals Division. Moreover, the SUBDIVIDER agrees to convey to the CITY Block 11 and Block 12, at no cost and free of encumbrance. 6.16 All environmental mitigation measures outlined in the Amended Scoped Environmental Impact Study (GHD, March 2025), including but not limited to a wildlife relocation strategy focused on amphibians and reptiles, shall be implemented by the SUBDIVIDER to the satisfaction of the CITY's Director of Development and Housing Approvals at the appropriate milestone in the development of the lands 6.17 Pursuant to section 51(32) of the Planning Act, that this draft plan approval shall lapse 10 years from the date of draft plan approval unless an extension has been granted in writing by the CITY prior to that date. If an extension is not obtained before the lapse date, this draft plan approval shall be deemed to have lapsed under the provisions of the Planning Act, and the SUBDIVIDER shall have no further rights to proceed with registration of the plan unless and until draft plan approval is reinstated or re -issued by the CITY at the sole discretion of the CITY and subject to any revised conditions of approval as may be required by the CITY at the time of reinstatement or re -issuance. 2.2That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil the following conditions: 1. The CITY Subdivision Agreement shall be registered on title, to the satisfaction of the CITY Solicitor. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Development and Housing Approvals and shall obtain approval therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 5. The SUBDIVIDER shall make satisfactory arrangements with ENOVA for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. Page 160 of 295 28 6. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 7. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to ENOVA, and telephone companies and the CITY, to the CITY'S Director of Development and Housing Approvals. b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Development and Housing Approvals and CITY'S Director of Engineering Services or, in the case of parkland, the CITY'S Director of Parks and Cemeteries; and e) to provide to the CITY'S Director of Development and Housing Approvals, a clearance letter from each of ENOVA and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8. The SUBDIVIDER shall dedicate all roads, road widenings, and public walkways to the CITY by the registration of the Plan of Subdivision. 9. The SUBDIVIDER agrees that the streets shall be named, to the satisfaction of the CITY's Director of Development and Housing Approvals and the Region of Waterloo. Street names shall be shown on the final plan to be registered. 10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Director of Development and Housing Approvals, in accordance with the following criteria: a) The sign shall be in accordance with the CITY'S Sign by-law and shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY'S Director of Development and Housing Approvals; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, Page 161 of 295 29 all to the satisfaction of the CITY'S Director of Development and Housing Approvals; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and, to obtain updated information, inquiries should be made at the CITY'S Director of Development and Housing Approvals. 11. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Development and Housing Approvals, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 12. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to final approval of the plan, a Detailed Vegetation Plan is to be submitted for approval by the CITY'S Director of Development and Housing Approvals. The Detailed Vegetation Plan shall also show approved grading. The SUBDIVIDER agrees to implement all of the measures identified in the approved Detailed Vegetation Plan including delivering all information contained in the approved Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are carried out as specified. 13. The SUBDIVIDER agrees to have all proposed tree and shrub plantings on public rights of way reviewed and approved by the CITY'S Director of Parks and Cemeteries. 14. The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of Kitchener, for the area being subdivided in order to satisfy Condition 1.23 of the Subdivision Agreement. 15. The SUBDIVIDER agrees that prior to servicing or registration, whichever occurs first, to prepare an updated water servicing report which shall make recommendations that address water pressure within the limits of the subdivision to the satisfaction of the CITY'S Director of Engineering Services and the Regional Municipality of Waterloo. 16. The SUBDIVIDER shall confirm whether decorative street signage and street lighting will be used for the subdivision to the satisfaction of the CITY'S Director of Transportation Services and CITY'S Director of Development and Housing Approvals and ENOVA. Should these decorative elements be utilized, they shall be installed at the appropriate timeframe and at the SUBDIVIDER'S cost, including the provision of 10% of the cost of materials for future replacement/maintenance, to the satisfaction of the CITY'S Director of Transportation Services and ENOVA. 17. Prior to final approval, the SUBDIVIDER agrees to enter into an Agreement with the CITY to install the permanent fencing, wildlife exclusion fencing, temporary paige wire fencing and the Core Natural Heritage Area/Feature limit and interpretive signage, and that the fencing and signage be installed on public land to the satisfaction of the CITY's Director of Development and Housing Approvals. 18. Prior to Registration of all or any part of this Subdivision Plan, the SUBDIVIDER shall submit a detailed monitoring plan for the (largely adjacent) Core Natural Heritage Feature (containing Regionally Significant Woodland, Provincially Significant Wetland), its buffer areas, and created wildlife habitat and corridor (Blocks 11 and 12) on the subject lands as outlined in the Amended Scoped Page 162 of 295 30 Environmental Impact Study (GHD, March 2025), to the satisfaction of the CITY's Director of Development and Housing Approvals and the Grand River Conservation Authority, in consultation with Six Nations of the Grand River Elected Council (SNGREC). The detailed monitoring plan shall incorporate all of the on -property monitoring requirements outlined in permit WC -C-006-23 issued by the Minister of Environment, Conservation and Parks under the Endangered Species Act (Section 17(1) and Clause 17 (2) (c)). Furthermore, that the SUBDIVIDER enter into an Agreement with the CITY to implement any required remedial action deemed necessary as a result of the monitoring plan. 19. Prior to Servicing or Registration which ever shall occur first, the SUBDIVIDER agrees to retain a qualified Engineering Consultant who shall prepare a detailed engineering design and report for the storm water management in accordance with the Strasburg Creek Master Watershed Plan, Huron Road Construction Environmental Impact Study Implementation Report: Stormwater Management Report and the City of Kitchener Integrated Stormwater Management Master Plan (ISWM-MP) volume retention policy (the most stringent policy will apply) to the satisfaction of the CITY's Director of Engineering Services in consultation with the CITY's Director of Operations, the Regional Municipality of Waterloo and the Grand River Conservation Authority. The approved engineering design for Storm Water Management will include a maintenance program for a period of 2 years post 95% build out of the subdivision, which will ensure stormwater management facilities function as designed to the satisfaction of the CITY's Director of Engineering Services. Any maintenance required during this period, prior to the municipality assuming the facilities, shall be at the sole expense of the SUBDIVIDER. 20. The SUBDIVIDER agrees that prior to area grading, servicing and registration of any stage within the plan of subdivision, whichever shall occur first, to obtain if necessary any permits and/or approvals from the Ministry of Environment, Conservation and Parks (MECP) related to species at risk identified on the subject lands in accordance with the Endangered Species Act (ESA). Any measures required by MECP including but not limited to Overall Benefit Permit WC -C-006-23 issued by the MECP under the ESA (Section 17(1) and Clause 17 (2) (c)). and/or Mitigation Plan shall be to the satisfaction of the CITY's Director of Development and Housing Approvals in consultation with the MECP. Mitigation measures that are to be owned and maintained by the CITY shall be to the satisfaction of the CITY'S Director of Parks and Cemeteries and the CITY'S Director of Development and Housing Approvals in consultation with the MECP or other Provincial successor thereof. 21. A Planting Enhancement Plan for the buffer of the Core Natural Heritage Feature to the west, including the area of Block 11 immediately to the rear of Lots 8-10, shall be submitted and approved as part of the design of the subdivision to the satisfaction of the CITY's Director of Parks and Cemeteries, in consultation with the CITY's Director of Development and Housing Approvals and the Grand River Conservation Authority in areas regulated under the Ontario Conservation Authorities Act, and Six Nations of the Grand River Elected Council (SNGREC), and the Plan shall be implemented by the SUBDIVIDER, prior to Registration. 22. To satisfy all conditions in the Subdivision Agreement with timing identified as "prior to registration" and/or "prior to final approval". 23. Pursuant to section 51(32) of the Planning Act, that this draft plan approval shall lapse 10 years from the date of draft plan approval unless an extension has been granted in writing by the CITY prior to that date. If an extension is not obtained before the lapse date, this draft plan approval shall be deemed to have lapsed under the provisions of the Planning Act, and the SUBDIVIDER shall have no further rights to proceed with registration of the plan unless and until draft plan approval is reinstated or re -issued by the CITY at the sole discretion of the CITY and subject to any revised conditions of approval as may be required by the CITY at the time of reinstatement or re -issuance. Page 163 of 295 31 3. Regional Municipality of Waterloo Conditions: 1. That this approval applies to Plan of Subdivision 30T-23201 for 2140221 Ontario Inc. in the City of Kitchener, dated October 16, 2025, which shows the following: Lots 1 to 10 Industrial Block 11 Open Space Block 12 Open Space / Wildlife Corridor 2. That prior to final approval, Streets A, B and C be named to the satisfaction of the City of Kitchener and the Regional Municipality of Waterloo. 3. That prior to final approval, the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Municipality of Waterloo prior to final approval of the subdivision plan. 4. That prior to final approval, the SUBDIVIDER submit detailed engineering drawings which show the removal and proper disconnection of the existing 300mm water service stub that was previously installed near the stormwater sewer outlet to service this property, to the satisfaction of the Regional Municipality of Waterloo. 5. That prior to final approval, the SUBDIVIDER complete a detailed stormwater management report to the satisfaction of the Regional Municipality of Waterloo. The report must include: ■ an assessment of whether the soils and the noted high water table can accommodate the infiltration volumes being proposed; and ■ the oversizing of infiltration galleries by 15% to account for decreased performance and/or disconnection. Furthermore, the SUBDIVIDER enter into a registered development agreement with the Regional Municipality of Waterloo to indicate that any future grading and drainage plan/SWM report submitted for site plan approval for Lots 1 to 10, all inclusive be in accordance with the approved Stormwater Management Plan for this subdivision, to the satisfaction of the Regional Municipality of Waterloo. 6. That prior to final approval, the SUBDIVIDER enter into a registered development agreement with the Regional Municipality of the Waterloo to require the completion prior to Site Plan approval, implement a Salt Management Plan for Lots 1 to 10, all inclusive, to the satisfaction of the Regional Municipality of Waterloo. 7. That prior to final approval, the SUBDIVIDER enter into a registered development agreement with the Regional Municipality of Waterloo to prohibit the installation of vertical open -loop and vertical closed-loop geothermal energy systems for Lots 1 to 10, all inclusive, to the satisfaction of the Regional Municipality of Waterloo. 8. That prior to final approval, the SUBDIVIDER enter into a registered development agreement with the Regional Municipality of Waterloo to prohibit Category A Land Uses (as described in Schedule B of the Regional Official Plan) for Lots 1 to 10, all inclusive, to the satisfaction of the Regional Municipality of Waterloo. 9. That prior to final approval, the SUBDIVIDER provide the Region sufficient funds for the future installation of two (2) 9.5m x 2m transit landing pads by the Region, to the satisfaction of the Regional Municipality of Waterloo. The cost of the landing pads to be determined based on the cost of construction at time of payment. Page 164 of 295 32 4. OTHER AGENCY CONDITIONS: Grand River Conservation Authority 1. Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a. A detailed stormwater management report in accordance with the 2003 Ministry of the Environment Report entitled "Stormwater Management Planning and Design Manual". b. A detailed Environmental Impact Study. c. A detailed Lot Grading, Servicing and Storm Drainage Plan. d. An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. e. The submission and approval of a permit under the Prohibited Activities, Exemptions and Permits Regulation from the GRCA prior to construction and/or grading in a regulated area and/or construction of the stormwater management outlet in a regulated area. 5. CLEARANCE CONDITIONS: 1. That prior to the signing of the final plan by the CITY'S Director of Development and Housing Approvals, the Director shall be advised by the Regional Commissioner of Planning, Development and Legislative Services that Conditions 3.1 to 3.10 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Regional Municipality of Waterloo shall include a brief statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the CITY'S Director of Development and Housing Approvals, the Director, shall be advised by the telephone company that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 3. That prior to the signing of the final plan by the CITY'S Director of Development and Housing Approvals, the Director shall be advised by ENOVA that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 4. That prior to the signing of the final plan by the CITY'S Director of Development and Housing Approvals, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. NOTES 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law 14-046 are applicable. 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. 3. It is the responsibility of the Owner of this plan to advise the Regional Municipality of Waterloo and the City of Kitchener Development and Housing Approvals Division of any changes in ownership, agent, address, and phone and fax numbers. 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By -Law 17-076, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, as amended, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Page 165 of 295 33 5. The owner/developer is advised that pursuant to Regional By -Law 17-076, the current fee for review of a road traffic noise study is $250.00, payable to the Regional Municipality of Waterloo upon submission of the study for review. 6. This draft plan was received on or after January 1, 2007 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 2006, c. 23 (Bill 51). Pursuant to section 51(32) of the Planning Act, that this draft plan approval shall lapse 10 years from the date of draft plan approval unless an extension has been granted in writing by the CITY prior to that date. If an extension is not obtained before the lapse date, this draft plan approval shall be deemed to have lapsed under the provisions of the Planning Act, and the SUBDIVIDER shall have no further rights to proceed with registration of the plan unless and until draft plan approval is reinstated or re -issued by the CITY at the sole discretion of the CITY and subject to any revised conditions of approval as may be required by the CITY at the time of reinstatement or re -issuance. 7. The Owner is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning, Development and Legislative Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited and define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 8. To ensure that a Regional Release is issued by the Regional 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 can not 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. 9. The Owner is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is two -fold: 1) to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and 2) to prevent lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would cause interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations which may include but not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. 10. The Owner is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952-0248 as early as possible and provide the necessary information on the planned Page 166 of 295 34 obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 11. 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 approval, and we have received an assurance from the Regional Municipality of Waterloo and the applicable clearance agencies that the necessary arrangements have been made, the Manager of Development Review's signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration under The Registry Act and the Region's purposes: One (1) original mylar Three (3) mylar copies Four (4) white paper prints Page 167 of 295 �. 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LUtip Z r ) O N U m N ]oo`D oo N m e5 0 LO 1 \ \ d$m0 Ro w-mNmNmmi 50 2 r NO O m N °. um �uupu�O U m a�ommm'eU � O oO° o. mmmmmioom�ouuu uouoommm o�a� Hv�u H tl W pAu W mmmwm J 6i mNNWID �✓ ' o a m UQ V � �VPUWN!m0l'� o m fn C) \ � ipmRllmlilmiVNPlW1� aw,N:�='': • .� � o N 00 s?v mss• d U mo 4 \\�\:,• O /' /., 1 as l➢ fl "f8 �y \ V 4g -a \,1�•• I 70 70 \\ \ m cu cu \ \ � 5 rya �"� f E ♦ I ci r C ti L : ----------- \ \ _ : '\ 0 N O Z. 1 0 NOTICE OF PUBLIC MEETING for a development in your neighbourhood McBrine Drive & 1700 Strasburg Road Concept Drawing Have Your Voice Heard! Planning & Strategic Initiatives Committee B tj s" I � 1i e s!,,,G 11 "°a r ( II �i c)y r i. er i.i l II�Ilu(:111t.isii��aa11 ids Weai IV a rI� d & j i f E B1,(cn1< aih�id W i 0 e C oII"�,'id :urB11.ox l<, Date: October 27, 2025 Location: Council Chambers, Kitchener City Hall 200, King Street West rVirtual Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Andrew Pinnell, Senior Planner andrew.pinnell@ kitchener.ca 519.783.8915 The City of Kitchener will consider a Draft Plan of Subdivision Application to develop the subject lands into a business park subdivision containing 10 industrial lots. The abutting Huron Natural Area (HNA) would be expanded through the conveyance to the City of a created wetland and buffer block. Awildlife corridor blockwould also be conveyed to the City to facilitate wildlife passage from HNA to a nearby wetland / pond. A Boulevard Multi -Use Trail (BMUT) is proposed to allow access fr res4-Wuf,2I96igh the subdivision, to the east entrance of HNA. Additional B Ts and sidewalks are also proposed. rr1=1 011141 Date: 14 July 2025 To: Andrew Pinnell, Kitchener Planning Laura Lawlor / Katherine Ryan, GHD Rebecca Egger / Brandon Flewwelling, GSP From: Barbara Steiner, Senior Environmental Planner cc: Chris Foster -Pengelly, Grand River Conservation Authority Carol Bacon / Josh Shea, Kitchener Parks and Trails Eric Riek, Kitchener Engineering Subject: Draft Plan of Subdivision Application 30T-23201 1700 Strasburg Road — Mill -Gate Holdings Inc. wwwkitchener. ca Amended Scoped Environmental Impact Study. 28 Mar 2025. GHD Arborist's Report and Vegetation Management Plan. 17 Mar 2025. GSP MECP Permit WC -C-006-23 under the Endangered Species Act (ESA). 28 Jan 2025 City Environmental Planning staff has reviewed the (environmental) supporting documentation noted above as well as relevant portions of: • Functional Servicing & Stormwater Management Report, Gateman-Milloy Inc. Strasburg Road Technology Business Park. WalterFedy. October 21, 2022. Subject Property and Environmental Policy Framework The subject property is adjacent to a Regionally Significant Woodland within the City -owned Huron Natural Area (HNA) to the west which also contains the Strasburg Creek Provincially Significant Wetland (PSW) Complex. Both features are part of the non -developable Kitchener Natural Heritage System (KNHS), and for which an Environmental Impact Study (EIS) is therefore required when development is proposed adjacent. In addition, a record of Blandings Turtle, a Provincially Threatened species, overwintering in a pond in the HNA means that an Overall Benefit Permit (under Section 17(1) and Clause 17 (2) (c) of the ESA) was required from the Province in order to remove some (potential) Category 3 habitat of the species on the subject property; conditions of this permit must be implemented through the development process. No permissions under the ESA were required by the Province for three Endangered bat species (presence not confirmed) due to the limited and low value of the roosting habitat on the subject property (one tree). Page 199 of 295 Despite the history of disturbance on the lands, through the field work for the EIS, habitat of some species of Special Concern was identified on the subject property for which conditions of approval are required in order that mitigation is implemented through the development process. These species are the Snapping and Midland Painted Turtle and the Grasshopper Sparrow. The presence and habitat of terrestrial Chimney Crayfish was confirmed, its habitat considered Significant Wildlife Habitat which will be incorporated in the created habitat Block 11 in the northwest corner of the property. Mitigation measures to be implemented include: buffers / setbacks / enhancement planting adjacent to the woodland and wetland in the HNA to the west; temporary and permanent wildlife exclusion fencing; wetland and terrestrial habitat creation in Block 11 including protected turtle nesting and basking areas; the creation of a wildlife corridor in Block 12 including passage under the extension of McBrine Drive; timing restrictions on vegetation removal to protect Species at Risk and of Special Concern; awareness training for on-site contractors / construction workers; and stewardship and education of new industrial lot owners. Comments and Conditions Natural Heritage System 1. City Environmental Planning supports the Draft Plan of Subdivision. It is now supported by an updated Amended Scoped EIS (GHD 28 Mar 2025) and the Overall Benefit Permit under the Ontario Endangered Species Act in respect of (potential) habitat for Blandings Turtle has been issued by the Minister of Environment, Conservation and Parks (28 Jan 2025). 2. The submission of the environmental supporting documents noted above meets the requirements for an Environmental Impact Study required by the Kitchener Official Plan, and responds thoroughly to City Environmental Planning's comments dated 12 December 2024. The submission of the Arborist's Report and Vegetation Management Plan also generally meets the requirements for a General Vegetation Overview (GVO) as required by Kitchener's Council -adopted Tree Management Policy (rev. 2001) with some caveats on methods and conclusions given below. 3. Southwest corner of Draft Plan, Lots 8-10 abutting the NHA— Different figures and drawings attached to the EIS or Permit WC -C-006-23 depict permanent chainlink with attached wildlife exclusion fencing in an incorrect location. This fencing is to be just onto (e.g. 12 inches) the created Block 11 which is to be conveyed into City ownership as an extension of the adjacent HNA. The setback/buffer is to be the subject of a detailed enhancement planting plan in the design stage after Draft Plan approval. The rear property boundary limit shape should be conducive to the installation / relocation of this fence / boundary marker system. 4. The removal of the herbaceous vegetation in the south field where there is potential for the nesting of the Grasshopper Sparrow should be delayed if possible to coordinate with the bat roost tree removal window at the end of September. Grasshopper Sparrows can be late nesters (even into September). Otherwise, nest sweeps as described in the EIS should be undertaken. Page 200 of 295 Sequencing Plan for Site Works and Other Engineering Design Studies 5. The Sequencing Plan attached to the updated EIS and WalterFedy's drawings C2-1, C5-1, and C7.1-4 are acceptable in terms of demonstrating the order of development activities on- site. This does not constitute approval of the engineering details which will be reviewed as part of subdivision design after Draft Plan approval. Timing of these activities is obviously dependent on the date of Draft Plan approval and the several timing windows for wildlife species. Revised sequencing can be reviewed with the detailed design plans, phased for the habitat creation in Blocks 11 and 12 occurring first, and accomplished through normal pre - grading approval policy and methods. 6. The approach to carefully control Erosion and Sedimentation (ESC) is important here due to the sensitive receivers, including the created wetland / upland habitat Block 11 and wildlife corridor Block 12 whose construction is planned to precede grading and servicing of the rest of the subdivision (Lots 1-10 and roads and trail). Monitoring 7. Monitoring concepts outlined in the EIS and ESA permit are acceptable, and are, in addition to Provincial SAR staff, to be copied to GRCA, and City Parks and Environmental Planning staff. Separate monitoring of water management infrastructure, ESC etc. will be required by the City per: conditions of DP approval. Tree Management Policy 8. The Arborist's Report and Vegetation Management Plan (GSP) meet the requirements of a General Vegetation Overview supporting the DP application, and the detailed data collection for individual trees already completed can be used to complete the Detailed Vegetation Plan (DVP) required as part of the detailed design phase after DP approval. No trees may be removed until the grading (phased) and coordinated DVP (can be phased) is approved as part of normal pre -grading methods and approvals. 9. Further to 2 above, the priorities for tree retention or compensation are native trees in fair -excellent condition (Hackberry, Eastern Cottonwood), and/or trees identified as habitat for significant species or Significant Wildlife Habitat. 10. The DVP (after Draft Plan approval) must include as per the requirements of the Tree Management Policy. a. The surveyed location and elevation of all woodland driplines, component trees of hedgerows, and individual trees retained for further analysis in the DVP; Page 201 of 295 b. Permanent fencing and signage recommendations for the woodland / wetland; c. Buffer and enhancement area plantings and treatments for the woodland and wetland, and any wildlife habitat creation; d. Woodland Management Strategy per: Section 3.3.1.3 of the Tree Management Policy which should reference and reflect any approved Stewardship Plan; and e. Stewardship brochure for all residents of the subdivision per: Section 3.3.1.3 and Appendix J of the Tree Management Policy as discussed in any Stewardship Plan. Conditions of DP Approval and for Subdivision Agreement 11. Such conditions have been provided directly into a document provided by Andrew Pinnell, under separate cover. Page 202 of 295 Andrew Pinnell From: circulations@wsp.com Sent: Monday, February 27, 2023 12:48 PM To: Andrew Pinnell Subject: Draft Plan of Subdivision (30T-23201); McBrine Dr. & 1700 Strasburg Rd., Kitchener 2023-02-27 Andrew Pinnell Kitchener 1 1 Attention: Andrew Pinnell Re: Draft Plan of Subdivision (30T-23201); McBrine Dr. & 1700 Strasburg Rd., Kitchener; Your File No. 30T-23201 To Whom this May Concern, We have reviewed the circulation regarding the above noted application. The following paragraphs are to be included as a condition of approval: "The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost." Upon receipt of this comment letter, the Owner is to provide Bell Canada with servicing plans/CUP at their earliest convenience to planninganddevelopment@bell.ca to confirm the provision of communication/telecommunication infrastructure needed to service the development. It shall be noted that it is the responsibility of the Owner to provide entrance/service duct(s) from Bell Canada's existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. Page 203 of 295 To ensure that we are able to continue to actively participate in the planning process and provide detailed provisioning comments, we note that we would be pleased to receive circulations on all applications received by the Municipality and/or recirculations. We note that WSP operates Bell Canada's development tracking system, which includes the intake and processing of municipal circulations. However, all responses to circulations and requests for information, such as requests for clearance, will come directly from Bell Canada, and not from WSP. WSP is not responsible for the provision of comments or other responses. Should you have any questions, please contact the undersigned. 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Page 204 of 295 Andrew Pinnell From: Mike Seiling Sent: Friday, February 17, 2023 3:51 PM To: Andrew Pinnell Subject: FW: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Attachments: Standard Agency Circ letter for OPA and ZBA_McBrine.pdf Building; no concerns From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, February 17, 2023 3:40 PM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA- Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folder 23-102603 and S_ha_Le-il (external agencies). Comments or questions should be directed to Andrew Pinnell, Senior Planner ( 2jEp er.o..piu n VL@Vc t h neer.c�; 519-741-2200 x7668). Christine Kompter Administrative Assistant Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchen er.ca Page 205 of 295 M.�rzr� Date: April 24, 2025 To: Andrew Pinnell From: Eric Riek cc: Chris Spere Subject: Draft Plan of Subdivision Application 30T-23201 Owner: 2140221 Ontario Inc. Site Address: McBrine Drive and 1700 Strasburg Road Conditions of Draft Plan Approval: PART 2 PRIOR TO AREA GRADING of the Subdivision: Include all standard grading conditions 2.1-2.15 PART 3 PRIOR TO SERVICING of the Subdivision: iia i'u fi NFR Engineering 3.1 The SUBDIVIDER shall obtain all engineering approvals from the Approvals Ministry of the Environment, the Regional Municipality of Waterloo and the CITY and no servicing work shall commence except in accordance with engineering drawings approved by the CITY'S Director of Engineering Services. Securities 3.3a) The SUBDIVIDER shall deposit securities in an amount not less than 60 per cent of the estimated cost of the public services set out in Section 1.5, as determined by the CITY'S Director of Engineering Services to ensure satisfactory performance of the SUBDIVIDER'S obligations under this Agreement as they pertain to the public services. b) Said security shall be an irrevocable letter of credit or other form of security acceptable to the CITY Solicitor and the CITY'S Treasurer. c) The CITY may reduce these securities proportionately when part of the public services are accepted, provided, however, that the reduction shall not result in less than 110 percent of the cost of the following above ground works or $5000.00 whichever is greater, not yet accepted in accordance with Section 3.3: surface course of asphalt, paved driveway ramps, curbs, gutters, Page 206 of 295 Internal memo Kqw-��.N_ Development Services D partmentww.kitch norca fences, boulevard landscaping including trees and required soil habitat, multi -use pathways, street name signs, traffic control signs walkways and sidewalks. Warranty 3.4 The SUBDIVIDER shall warrant and guarantee and hereby warrants Period and guarantees all works and services provided for in Section 1.5, against all defects of material and workmanship for a minimum period of 24 months from its completion and acceptance. Acceptance of all services set out in Section 1.5 shall be in writing by the CITY'S Director of Engineering Services or the Engineer of HYDRO under whose control and management the work falls. Underground works, up to and including the first course of asphalt, curb and gutter, may be accepted separately from above ground works. Each above ground work may be accepted on a street by street basis within each Stage. Warranty 3.6 Before release of the security set out in Section 3.3, the Securities SUBDIVIDER shall provide securities in a form set out in Section 3.6 above in an amount equivalent to the value of fifteen percent of the value of works being considered for initial acceptance, or $5,000.00 whichever is the greater, to support the warranty and guarantee as provided in Section 3.3. Admin- 3.7 The SUBDIVIDER agrees to pay to the CITY'S Director of istration Fee Engineering Services, an administration fee of a percentage amount of the value of the cost of the public services, as determined by the CITY'S Director of Engineering Services, for the approval of engineering drawings. The said percentage amount of the fee shall be as prescribed by Council from time to time. Fifty (50%) per cent of the fee is to be paid prior to the first submission of engineering drawings with the balance of the fee (50%) being paid prior to approval of the final set of engineering drawings. Contract/ 3.8 All servicing contracts between the SUBDIVIDER and any contractor Contractor for any work to be done pursuant to this Agreement shall be subject Approval to the approval of the CITY'S Director of Engineering Services and without limiting the generality of the foregoing, every contract shall: (a) be with a contractor acceptable to the CITY'S Director of Engineering Services; (b) contain a provision binding the contractor to file performance and material and labour bonds and liability insurance satisfactory to the Page 207 of 295 iia p'6 fi NF1 Development Services Department wwwkitch n rca CITY'S Director of Engineering Services, with in the case of liability insurance, the CITY named as an additional insured; (c) provide that the work of the contractor shall at all times be subject to the inspection of the CITY or CITY'S consulting engineer and be performed in accordance with the terms of this Agreement; (d) provide that the contractor shall co-operate with the inspectors and engineers at all times, submit materials used for any tests required and comply with any directions given by the inspectors and engineers, to ensure compliance with the plans and specifications; (e) provide that the contractor shall supply a work schedule which may be updated as deemed necessary by the CITY, for the approval of the CITY'S Director of Engineering Services which work calendar shall provide for the work to be carried forward with reasonable expedition and which work calendar shall be adhered to so far as is reasonably possible; (f) include an acknowledgment by the contractor that the contractor looks only to the SUBDIVIDER and not to the CITY for payment of this work. Staging/ 3.9 Staging and phasing shall be established to the satisfaction of the Phasing CITY'S Directors of Planning and Engineering Services. Any necessary facilities such as temporary roads, temporary emergency accesses, and temporary turning circles shall be shown on all engineering drawings for lands subject to this agreement, to the satisfaction of the CITY'S Director of Engineering Services in consultation with the Director of Transportation Services. Servicing 3.11 If the SUBDIVIDER wishes to proceed with the installation of Prior to services set out in Section 1.5 prior to registration of the Subdivision Registration Plan, in addition to any other requirements set out in Part 3, the following shall also be required: (i) Final approval of any implementing zoning by-law; (ii) Approval of any required Detailed Vegetation Plans as set out in Section 2.10; (iii) Approval from the CITY'S Director of Planning of the draft subdivision plan showing the final Lotting for registration of those Page 208 of 295 iia i'u fi NF1 lands being serviced. Such plan shall be submitted by the SUBDIVIDER and prepared in accordance with the plan modification required before registration and the approved Engineering drawings; and iv) Written authorization from the CITY'S Director of Engineering Services following the completion of clauses i), ii) and iii) above. Servicing 3.12 If the SUBDIVIDER receives authority to proceed under Section 3.11 Risk it acknowledges and agrees that such servicing is done at its sole risk and the SUBDIVIDER agrees to indemnify the CITY with respect to any claim or loss which may occur as a result of the registration of a Plan of Subdivision other than that approved in clause 3.11 iii). The cost of rectifying any works carried out under Section 3.11 will be at the sole responsibility of the SUBDIVIDER. Decorative 3.13 The SUBDIVIDER shall confirm whether decorative street signage Street and street lighting will be used for the subdivision to the satisfaction Signage and of the CITY'S Director of Transportation Planning and KW Hydro. Lighting Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER'S cost, including the provision of 10% of the materials for future replacement/maintenance, to the satisfaction of the CITY'S Director of Transportation Planning, Kitchener Utilities, Director of Planning and KW Hydro. PART 4 PRIOR TO APPLICATION OF ANY BUILDING PERMITS IN EACH STAGE Lot Grading 4.5 The SUBDIVIDER agrees: and Drainage a) that a Lot Grading and Drainage Plan which shows foundation Plan elevations and the location of the proposed building, street furniture, all municipal services and any other submission requirements shall be submitted to the CITY'S Chief Building Official with every application for a building permit. The site grading plan shall also show the elevation of the top of the foundation wall(s) of the proposed building, in conformance with the approved Lot Grading Control Plan; b) verification from the CITY'S consulting engineer shall be provided Page 209 of 295 M.�rzr� iia i '6 Ti,-M`R that the site plan will comply with the approved Lot Grading Control Plan and Driveway Location Plan; and Temporary 4.12 The SUBDIVIDER agrees: Access Roads a) to construct any required temporary access or temporary emergency access roads in the locations shown on the subdivision plan for the Stage or Phase to the satisfaction of the CITY'S Director of Engineering Services in consultation with the Director of Transportation Services at the cost of the SUBDIVIDER. The SUBDIVIDER hereby grants irrevocable licences to the CITY for access purposes on the lands on which such roads will be located, which the CITY will release when such roads are no longer required as determined by the CITY'S Director of Engineering Services; and b) that the temporary access or temporary emergency access roads shall remain in place until a second permanent access to the lands being serviced by such temporary access or emergency access is available. No building permits shall be issued for any Lots or Blocks subject to the foregoing licencees until the temporary access or emergency access roads on such Lot or individual parcel of land are no longer required, as determined by the CITY'S Director of Engineering Services, and are removed by the SUBDIVIDER to the satisfaction of the CITY'S Director of Engineering Services. PART 6 OTHER TIME FRAMES Monu- 6.3 The SUBDIVIDER will cause all necessary survey work to be done mentation and all necessary survey stakes to be provided at its expense as and Certification when required by the CITY'S Director of Engineering Services. Any standard iron bars, concrete monuments or monumentation of higher standards which are disturbed in the course of servicing or building shall be restored by and at the expense of the SUBDIVIDER. A certificate from an Ontario Land Surveyor or other evidence satisfactory to the CITY Solicitor shall be provided on a street by street basis, prior to the release of performance securities for this item to the SUBDIVIDER. Surveyor's 6.4 The SUBDIVIDER shall submit to the CITY'S Chief Building Official a Certificate Surveyor's Certificate (Foundation Certificate) prepared by an Ontario Land Surveyor or professional engineer or certified engineering Page 210 of 295 M.�rzr� iia i'6 fi NFR technologist confirming that the elevation of the top of the constructed foundation wall(s), conforms, plus or minus six (6) inches, to the elevation shown on the site plan. The SUBDIVIDER agrees that no further construction of the building beyond the foundation will proceed until the Surveyor's Certificate has been received by the CITY'S Chief Building Official. Other Engineering Conditions: 1. All public right-of-ways and all services shall be designed and constructed to the standards specified in the City of Kitchener Standards, Development Manual, Regional Standards and other applicable Provincial Standards to the satisfaction of the Director of Engineering. 2. Detailed Geotechnical/Hydrogeological Investigation Report must be submitted to the City for review. This report must distinguish the suitability of soils to support the infiltration of roof water. 3. A detailed water servicing report is required to review the extent of lands that can be serviced by municipal water distribution network. A copy of this report should be directed to Engineering, Region of Waterloo and Utilities Division for approval. 4. Prior to Servicing or Registration which ever shall occur first, The SUBDIVIDER agrees to retain a qualified Engineering Consultant who shall prepare a detailed engineering design and report for the storm water management in accordance with the Strasburg Creek Master Watershed Plan, Huron Road Construction EIS Implementation Report: Stormwater Management and the City of Kitchener Integrated Stormwater Management Master Plan (ISWM-MP) volume retention policy (the most stringent policy will apply) to the satisfaction of the City's Director of Engineering Services in consultation with the Director of Operations, the Region of Waterloo and the Grand River Conservation Authority. The approved engineering design for Storm Water Management will include a maintenance program for a period of 2 years post 95% build out of the subdivision, which will ensure stormwater management facilities function as designed to the satisfaction of the CITY's Director of Engineering. Any maintenance required during this period, prior to the municipality assuming the facilities, shall be at the sole expense of the SUBDIVIDER. 5. Prior to Servicing, the Subdivider agrees to retain a qualified Engineering Consultant who shall prepare a detailed engineering design to upgrade the storm water outlet under Strasburg Road to the existing SWM facility. The City's off-site works procedure is to be adhered to including posting of securities, signing agreements and the engineering consultant providing full-time inspection of works within City property. All off-site works are subject to a minimum two-year warranty period from the time of initial acceptance. The cost of outlet upgrade is at the sole expense of the Subdivider. 6. A detailed water balance is required to the satisfaction of the Director of Engineering. Page 211 of 295 iia p'6U,-NVR 7. Lot level infiltration galleries are required to the satisfaction of the Director of Engineering. 8. All SWM systems including infiltration requirements must meet City of Kitchener design standards and applicable Regional, GRCA and Provincial standards. A 15% oversizing of infiltration measures must be incorporated in the design. 9. Prior to Servicing, the subdivider agrees to provide a maintenance security that will form part of the Subdivider's Letter of Credit as the current City of Kitchener standards as this site will outlet into an existing stormwater management facility. The amount will be 100% of the Engineer's estimated cost to clean out the pond a total of two (2) times, proportionately reduced by a percentage which equals the contributing volume of the subject lands compared to the total contributing volume of the pond, to the satisfaction of the City's Director of Engineering Services. Also, the subdivider will be required to add the estimated cost to flush the storm sewers up to the SWM facility one (1) time. This estimated cost will be based on the City's current sewer flushing rate per metre of pipe, to the satisfaction of the City's Director of Engineering Services. 10. Prior to Servicing, the Subdivider agrees to undertake a two (2) -year monitoring program of groundwater elevations to demonstrate the difference in elevation between the seasonally high groundwater table and the underside of footings to the satisfaction of the City's Director of Engineering Services. 11. Municipal authorization and alteration of the Environmental Compliance Approval (ECA) issued to the City of Kitchener from the MECP will be required for any alterations to the City of Kitchener Municipal Sewage Collection and/or Stormwater Management system (including addition, modification, replacement or extension). Other Time Frames: 12. Prior to occupancy of each block, the Subdivider or subsequent owner agrees to construct at source infiltration galleries where soils permit, to the satisfaction of the City's Director of Engineering Services. Installation of infiltration galleries shall be supervised and certified by a qualified Geotechnical and or Engineering Consultant, at the Subdivider's or subsequent Owner's expense and to the satisfaction of the City's Director of Engineering Services through the Site Plan Approval Process. 13. Street A, B and C shall be constructed by the Subdivider to appropriate municipal standards and shall thereafter by dedicated to the City as public roads. In respect of these dedications, the Subdivider shall prepare and register any necessary reference plans and prepare all other documents required to complete the conveyances at the Subdivider's cost and expense. The dedications shall be free of all financial encumbrances to the satisfaction of the City's Solicitor. Page 212 of 295 M.�rzr� Eric Riek, C.E.T. Project Manager, Development Engineering iia i'u U NFR S:\General\03-03-544 Subdivision Files\30Ts - 58M\30T-23201 Strasburg Industrial Lands\Correspondence\30T- 23201 Revised Draft Plan Conditions-Engineering.doc Page 213 of 295 Andrew Pinnell From: Cheng Lin <cheng.lin@enovapower.com> Sent: Wednesday, October 1, 2025 9:06 AM To: Andrew Pinnell Cc: Greig Cameron Subject: Re: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) You don't often get email from cheng.lin@enovapower.com. Learn why this is important Hi Andrew, This is to confirm the following statements are correct. Please feel free to let me know if you have any more questions. Kind regards, Cheng Lin, P.Eng, MBA III rireA:ior cCngiri 7 7rio°ng nova IPoweir Corp 301 Victoria Street, Kitchener, ON N2G 41-2 Office: 226-896-2200 EXT 6197 Cell: 226-750-4211 Il.ien I in5enovapoweir.coin I vw m_emavapower,.cam_ From: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Sent: Tuesday, September 30, 2025 5:19 PM To: Cheng Lin <cheng.lin@enovapower.com> Cc: Greig Cameron <greig.cameron@enovapower.com> Subject: FW: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Hi Cheng, Are you able to assist in Shaun's absence? See below. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-7kw,81i9irT� TY 1-866-969-9994 andrew.pinnell(&kitchener.ca MI. s'r! � ", From: Andrew Pinnell Sent: Tuesday, September 30, 2025 5:17 PM To: 'Shaun Wang' <shaun.wang@enovapower.com> Cc:'Enova Power Corp. - Greig Cameron' <greig.cameron@enovapower.com> Subject: FW: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Importance: High Page 214 of 295 Hi Shaun, I'm just finalizing my report for this subdivision. I'll be including the following standard Enova comments (below). But note that I don't think I heard from Enova on this one (please forward me your comments if I'm incorrect). Please confirm ASAP that the following standards conditions are sufficient to proceed with approval of this subdivision: The SUBDIVIDER shall make satisfactory arrangements with Enova Power for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 2. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to ENOVA, and telephone companies and the CITY, to the CITY'S Director of Planning. b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Development and Housing Approvals and CITY'S Director of Engineering Services or, in the case of parkland, the CITY'S Director of Parks and Cemeteries; and e) to provide to the CITY'S Director of Development and Housing Approvals, a clearance letter from each of ENOVA and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. Thanks and I look forward to hearing from you at your earliest convenience. Andrew Pinnell, MCIP, RPP Senior Planner 1 Development & Housing Approvals Division 1 City of Kitchener 519-783-8915r-11 1 TTY 1-866-969-9994 andrew.pinnellPkitchener.ca IM CM1151i" o!uyy�,. , On I T11 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, February 17, 2023 3:40 PM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA- Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson Page 215 of 295 <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Plan ning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folder 23-102603 and S_ a..iref-.-JJe (external agencies). Comments or questions should be directed to Andrew Pinnell, Senior Plannerire�nr....piirgn V_I@Ikii t..gl.h e ineir.e ; 519-741-2200 x7668). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca This correspondence is directed in confidence solely to the addressees listed above. It may contain personal or confidential information and may not otherwise be distributed, copied or used by the intended recipient. If you are not the intended recipient, please delete the e-mail and any attachments and notify the sender immediately. Click on the link to read the additional disclaimer. https.Ilenovapower. com/disclaimer Page 216 of 295 Adrnnistr-ation Centre: 400 Oy�Jc, 1'0, Box 121) (',imbrldge, ONJ I\11 F( '0(5 0 >' o n e 9 621 ,'/61 "FOH ftee: I '�1,66 900 4 Fax; 19 6111 4844 mAwq�'a rid viverca 0 tion April 28,2025 Andrew Pinnell Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 and rew.pin nell (a_) kitchener.ca Re: Draft Plan of Subdivision 30T-23201 1700-1760 Strasburg Road, Kitchener 2140221 Ontario Inc. Dear Andrew Pinnell, Grand River Conservation Authority (GRCA) staff have reviewed the re -submission for the above -noted applications for an industrial subdivision. Recommendation The GRCA recommends conditional draft plan approval of this application. Page 1 of 3 of Con,,(­rwilion r(-I'Dresen��ng Ont,�rio',' 'k) Con,,Ierv,ilion AuOlorities I IN,, (Irand A h',,ril,age River Page 217 of 295 Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: • Urban Design Brief (GSP, June 2023) • Environmental Impact Study (GHD, March 2025) • Functional Servicing Stormwater Management Report (WalterFedy, April 2023) • Site Water Balance Analysis (GHD, February 23, 2024) • Draft Plan (GSP, dated September 14, 2022) This follows our July 15, 2024 comments on the previous submission. GRCA Comments Our previous concerns have now been addressed at this stage in the subdivision process. As a result, we are now in a position to recommend draft plan approval with the following conditions: 1. Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a. A detailed stormwater management report in accordance with the 2003 Ministry of the Environment Report entitled "Stormwater Management Planning and Design Manual". b. A detailed Environmental Impact Study. c. A detailed Lot Grading, Servicing and Storm Drainage Plan. d. An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. e. The submission and approval of a permit under the Prohibited Activities, Exemptions and Permits Regulation from the GRCA prior to construction and/or grading in a regulated area and/or construction of the stormwater management outlet in a regulated area. We trust that the municipality will ensure the Subdivider's Agreement between the owners and the municipality contain provisions for the completion and maintenance of the works in accordance with the approved plans and reports noted in Condition 1) above. Once the above has been met, we can issue GRCA's clearance of the subdivision to the municipality. Page 2 of 3 Page 218 of 295 We wish to acknowledge receipt of the remaining fees for this subdivision ($6,648.38). Additional fees will be required for draft plan clearance, and a separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(c-grand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Page 3 of 3 Page 219 of 295 Andrew Pinnell From: Deeksha Choudhry Sent: Friday, May 12, 2023 10:13 AM To: Andrew Pinnell; Jessica Vieira Subject: Re: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Hi Andrew, Yes, we don't have any heritage comments or issues. I thought I had replied, but looks like I hadn't, apologies! Kind Regards, Deeksha Choudhry, MSc, BES Heritage Planner I Planning Division I City of Kitchener 519-741-2200 ext. 72911 TTY 1-866-969-9994 deeksha.choudhry@kitchener.ca 6001115 0od1,111,1"q IG Re,si(le,nts are er:ccaun,.3e to vhsit kitchener.cei/co vi(119 f6r the n-iost a )...to... ate inf r :ation about City services, ........................................................................................................................................... Page 220 of 295 Ministry of the Environment, Ministere de PEnvironnement, de la Conservation and Parks Protection de la nature et des Pares Ontario O PERMIT UNDER subsection 17(1) in accordance with the criteria in clause 17(2)(c) of the ENDANGERED SPECIES ACT, 2007 Permit #: WC -C-006-23 Issued to: 2140221 Ontario Incorporated 270 Shoemaker Street Kitchener, Ontario N2E 3E1 Term: This permit comes into force on the date it is issued and expires after submission of a final report that meets the requirements of condition 35. Location: PT LT 17 RCP 1471 Kitchener PTS 1 & 2, 58R6642, S/T 1004437; S/T 1487182 City of Kitchener and PT. LOT 1 RCP 1382, BEING PT. 8 ON 58R-12866, SAVE & EXCEPT PT. 1 ON 58R-15153 City of Kitchener in the area identified in Schedule B (the "Site"). Project Description: Construction of a 10 -lot industrial subdivision, including grading and servicing, two (2) new roads, and an extension of McBrine Drive at the Site (the "Project"). 1. Authority: This permit is issued to 2140221 Ontario Incorporated (the "Permit Holder") under subsection 17(1) of the Endangered Species Act, 2007 ("ESA") in accordance with the criteria in clause 17(2)(c) of that Act. 2. Application to Species: This permit applies to Blanding's Turtles, which is a species listed as threatened in Ontario Regulation 230/08 "Species at Risk in Ontario List" (the "SARO List"), and its habitat. 3. Authorization: This permit authorizes the Permit Holder to engage in the following activities at the Site that would otherwise be prohibited by subsections 9(1) and 10(1) of the ESA, for the purpose of carrying out the Project or fulfilling conditions of this permit: Page 221 of 295 (a) harming, harassing, capturing, possessing, collecting, and transporting Blanding's Turtle; (b) destroying up to 10.70 hectares of Category 3 Blanding's Turtle habitat; and (c) damage up to 2.10 hectares of Category 3 Blanding's Turtle habitat. 4. Conditions: Pursuant to subsection 17(6) of the ESA, the authorizations in section 3 of this permit do not apply unless the Permit Holder complies with the requirements imposed by conditions in this permit. 5. Compliance: Section 36 of the ESA provides that non-compliance with the prohibitions in subsections 9(1) and 10(1) of that Act and any provision of this permit constitute offences. 6. Schedules: The following appendices form part of this permit: • Schedule A: Conditions • Schedule B: Project Location and Impacts (the Site) • Schedule C: Mitigation Measures at the Site • Schedule D: Overall Benefit Activites at the Site Pursuant to subsection 17(1) of the ESA and in accordance with the criteria in clause 17(2)(c) of the ESA, I hereby issue this permit authorizing the activities described above, subject to the conditions set out herein. Ae Date of Issuance. Andrea anjin Minister of the Environment, Conservation and Parks 28/01/25 (dd/mm/yy) 2 Page 222 of 295 From: Stewart, Catherine IMECPI To: Katherine Ryan Cc: Laura Lawlor Subject: RE: Meeting Request RE Strasburg Road IGF Date: Tuesday, August 30, 2022 11:42:54 AM Attachments: 2022-06 Bat Survey Standards MECP.Ddf 2021 Bats & Buildings Exit & Roost Surveys MECP.udf 2022-06 Bats & Treed Habitats MaternitvRoostSurvevs MECP.udf Hi Katherine, Your proponent is now the landowner — great news for this project moving forward! I have vacation and other commitments that make the next available day I can call you likely next Wednesday, if still needed just let me know. For Blanding's Turtle, the ministry's position remains that the property contains general habitat protected under the ESA 2007, and so, the proposed development will need to seek authorization (i.e. overall benefit C permit) under the Act prior to site alteration. Please submit a revised IGF and Avoidance Alternatives Form toI 0n_tarii0. of tairio,.ca to begin the permit process. For Tri -coloured Bat, the ministry accepts the conclusion in the IGF that the 1 potential tree has low likelihood of being used by the species, and so, no further authorization under the ESA 2007 is needed for this species. However, removal of this tree should be done outside the active season for Tri -coloured Bat (i.e. outside April 1 — September 30). Also, please see the attached updated SAR bat guidance documents, which GHD should use for applicable files moving forward. Regards, Catherine Stewart Management Biologist Permissions Section, Species at Risk Branch Ministry of the Environment, Conservation and Parks From: Katherine Ryan <Katherine.Ryan @ghd.com> Sent: August 30, 2022 9:00 AM To: Stewart, Catherine (MECP) <Catherine.A.Stewart@ontario.ca> Cc: Laura Lawlor <Laura.Lawlor@ghd.com> Subject: RE: Meeting Request RE Strasburg Road IGF CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hi Catherine, Just following up on the email below. The coordination of a meeting is very timely for this project could you please call me at 289 795-5422. Thank you, Page 223 of 295 City of Kitchener Draft Plan of Subdivision Comment Form Address: McBrine Drive and 1700 Strasburg Road Owner: 2140221 Ontario Inc Application: Draft Plan of Subdivision 30T-23201 Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: August 2023 0 I plan to attend the meeting (questions/concerns/comments for discussion) ❑ No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in supportof a business park subdivision containing 10 industrial lots, ranging in size from 0.67 to 3.01 hectares. McBrine Drive would be extendedto connectwith a new street ("StreetA"). StreetAwould outletto Strasburg Road. McBrine Drive would terminate at a new cul-de-sac bulb. Another cul-de-sac is proposed off Street A. A 3.86 hectare open space/wetland block adjacentto Huron NaturalArea (HNA) is proposed. Asecond open space / wildlife corridor would provide wildlife passage from the HNA to a nearby stormwater management pond. Official Plan and Zoning By-law Amendments are not proposed. 1. ArevisedFunctionalServicingandStormwaterManagementReport- WalterFedy,dateclApril 18, 2023; 2. A letter prepared byWalterFedy, dated April 18, 2023, to the GRCA (Chris Foster -Pengelly) in response to the GRCA comments of March 13, 2023; 3. A letterfrom GHD in response to GRCA comments on the Scoped Environmental Impact Study, dated June 28, 2023 that includes a Feature -Based Water Balance Analysis 4. Revised Urban Design Report - GSP Group dated June 2023; S. A Response Matrix to the Post -Circulation Comments - GSP Group dated July 2023 2. Site Specific Comments & Issues: Parks and Cemeteries has no significant concerns with the proposed Draft Plan of Subdivision and can provide conditional support subject to the minor updates to submitted studies are noted below. PRELIMINARY SUBDIVISION CONDITIONS These preliminary comments will also include all Standard Conditions of Subdivision in their entirety, latest version, including the Condition requiring that the developer meet the latest revision of the Development Manual which is updated from time to time. All requirements noted below will be included as part of the subdivision agreement and at the cost of the developer. A City for Everyone Working Together— Growing Thoughtfully — Building Community Pe129 of 295 City of Kitchener Draft Plan of Subdivision Comment Form 1 Grading Plan 2 Coordinated Utilities Plan .3 General Vegetation Overview/Detailed Vegetation Plan .4 Landscape Plans a. Street Tree Planting Plan showing street trees along all proposed streets according to the relevant section of the latest Development Manual and Urban Forest Guidelines. All specified trees should be native species. Street tree plantings to be confirmed at Site Plan Application and any required compensation fordeficiencies provided as CIL prior to final acceptance. b. Open Space, SAR habitat creation / compensation, wetland Replacement/Restoration Plans, Wildlife Corridor Planting Plans as identified through the EIS. Plans to include plantings, temporary and permanent fencing including wildlife fencing at limits of development lots 1, 2, 3, 8, 9 and 10 as well as for the reconstructed wetland . Signage should be included c. Trail Block Plans —trail design and landscape plantings d. Construction of new/replacement habitat should occur and be functional prior to removal of existing habitat e. Species relocation strategy f. Signage for multi use trails and connections 5 Conveyance of Open Space, Natural Heritage Conservation and Trail blocks to the City 6 Construction/ installation of required trails, multiuse pathways, street trees, Wetland replacement plantings, fencing, signage. 7 Management strategy and monitoring of invasive species for a period of 5 years from initial acceptance and SAR monitoring for a period of time as determined through EIS recommendations 8 Securities for all required works 9 Parkland Dedication will be deferred at the Draft Plan of Subdivision application and taken as cash in lieu of land at each of the required site plan applications. Dedication requirements are subjectto the Parkland Dedication Bylaw and Policy current at the time of a formal Site Plan application. 3. Comments on Submitted Documents The following comments should be addressed at this time. 1) Urban Design Brief a) Several site diagrams do not reflect the MUT and sidewalk locations as communicated by Transportation Services and Parks & Cemeteries e.g. pg 16 Concept Plan and pg 18 Priority Lotting. b) Pg 21 -'The intersection of Street'A' and Strasburg Road will have entryfeatures using local materials and complementary landscape features such as double row of planting beds and ornamental planting." This should be clarified to indicate that all entry features will be located on the development blocks not within the public right of way. A City for Everyone Working Together— Growing Thoughtfully — Building Community OW219 of 295 City of Kitchener Draft Plan of Subdivision Comment Form c) Pg 22 —"Sidewalks will be provided at least on one side of the public streets" This should be revised to indicate that sidewalks will be provided according to Development Manual and Complete Streets standards." d) Pg 22 #4 Landscape along Created Wetland/Stormwater Management Facility — GRCA has noted that "the proposed constructed wetland will be regulated by the G RCA. The G RCA does not support the creation of trails/walkways and seating areas within the wetland or wetland buffer." The reference to walkways and seating should be clarified to indicate these new features will be outside of regulated areas. A revised Urban Design Brief is required. 4. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways &Trails Masterplan • Urban Design Manual 5. Anticipated Fees: The Parkland dedication requirement will be deferred at the Draft Plan of Subdivision and assessed at future Site Plan Applications. Parkland dedication will be assessed based on the land use class(es) and required as a condition of Site Plan Approval as cash in lieu. Dedication requirements are subjecttothe Parkland Dedication Bylaw, Policy and rates in effect. Please be advised that an updated Parkland Dedication Policy and By-law were approved by City of Kitchener Council on August 22 2022. This update includes but is not limited to changes to the classes of lands requiring Parkland Dedication, standard land assessment values for determining Parkland Dedication, Parkland Dedication exemption categories and transition provisions for in -progress applications. The Bylaw is under appeal. Further changes to the Bylaw may be required as a result of the Bill 23— More Homes Built Faster Act. A City for Everyone Working Together— Growing Thoughtfully — Building Community Oe9 of 295 Andrew Pinnell, MCIP. RPP Senior Planner DSD — Planning Division City of Kitchener 200 King Street W. Kitchener, ON N2G 4G7 Dear Mr. Pinnell: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 81h floor Kitchener Ontario N2G 4.13 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Shilling Yip (226) 753-1064 (c) File: D18-20/23201 June 4, 2025 Post Re -circulation (2025) Comments Plan of Subdivision 30T-23201 McBrine Drive & 1700 Strasburg Road CITY OF KITCHENER Regional staff has reviewed the above -noted re -circulation and provides the following comments for your consideration at this time. Comments were previously provided on March 28, 2023, September 19, 2023 and November 1, 2024. This latest re -circulation deals with an updated Scoped EIS, and related environmental matters. As these environmental matters are now the responsibility of the City of Kitchener, Regional staff has no further comments in this regard. The purpose of these comments is to identify the items pertaining to the Region's responsibilities that can be imposed as conditions of approval. The draft plan (GSP, September 14, 2022) proposes 10 industrial lots ranging from 0.67ha to 1.22ha (1.65ac to 3.01 ac) in size, an open space block, and an open space/wildlife corridor block, on full municipal services. The lands are designated Urban Area, Delineated Built -Up Area and Core Environmental Feature on Maps 1, 2 and 6, respectively in the Regional Official Plan, and further designated Business Park Employment in the City's Official Plan. The lands are zoned EMP -4 Service Business Park Employment in the City Zoning Bylaw 2019-051 which permits a broad range of industrial business park uses. Official Plan and Zoning By-law amendments are not proposed. Document Number: 4997706 Version: 1 Page 1 of 4 Page 227 of 295 Region Planning Fees It has come to staff's attention that the applicant's cheque for the original subdivision application fee ($14,150.00, Cheque #841 dated November 10, 2022) had become stale -dated before staff was able to deposit. As such, this cheque needs to be replaced. In addition, the Region's comments of September 19, 2023 indicated the Region's re -circulation fee applies ($1,150.00). To staff's knowledge this fee remains outstanding. By copy of this letter, the applicant is asked to submit these fees to the Region (total $15,300.00). Subject to the above -noted comments, the Region's comments of March 28, 2023, September 19, 2023 and November 1, 2024 continue to apply. Draft Plan of Subdivision Conditions The Region has no objections to draft approval of Plan of Subdivision 30T-23201, subject to receipt of the Regional planning review fees (total $15,500.00), and the inclusion of the following conditions of draft approval set out below: 1) That this approval applies to Plan of Subdivision 30T-23201 for 2140221 Ontario Inc. in the City of Kitchener, Dwg File Name: dp18161f.dwg by GSP Group dated September 14, 2022 which shows the following: Lots 1 to 10 Industrial Block 11 Open Space Block 12 Open Space / Wildlife Corridor 2) That prior to final approval, the Subdivider agrees to stage the development of this plan of subdivision in a manner satisfactory to the City of Waterloo and the Regional Municipality of Waterloo. 3) That prior to final approval, Streets A, B and C be named to the satisfaction of the City of Kitchener and the Regional Municipality of Waterloo. 4) That prior to final approval, the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Municipality of Waterloo prior to final approval of the subdivision plan. 5) That prior to final approval, the Subdivider submit detailed engineering drawings which show the removal and proper disconnection of the existing 300mm water service stub that was previously installed near the stormwater sewer outlet to service this property, to the satisfaction of the Regional Municipality of Waterloo. Document Number: 4997706 Version: 1 Page 2 of 4 Page 228 of 295 6) That prior to final approval, the Subdivider complete a detailed stormwater management report to the satisfaction of the Regional Municipality of Waterloo. The report must include: ■ an assessment of whether the soils and the noted high water table can accommodate the infiltration volumes being proposed; and ■ the oversizing of infiltration galleries by 15% to account for decreased performance and/or disconnection. Furthermore, the Subdivider enter into a registered development agreement with the Regional Municipality of Waterloo to indicate that any future grading and drainage plan/SWM report submitted for site plan approval for Lots 1 to 10, all inclusive be in accordance with the approved Stormwater Management Plan for this subdivision, to the satisfaction of the Regional Municipality of Waterloo. 7) That prior to final approval, the Subdivider enter into a registered development agreement with the Regional Municipality of the Waterloo to require the completion prior to Site Plan approval, implement a Salt Management Plan for Lots 1 to 10, all inclusive, to the satisfaction of the Regional Municipality of Waterloo. 8) That prior to final approval, the Subdivider enter into a registered development agreement with the Regional Municipality of Waterloo to prohibit the installation of vertical open -loop and vertical closed-loop geothermal energy systems for Lots 1 to 10, all inclusive, to the satisfaction of the Regional Municipality of Waterloo. 9) That prior to final approval, the Subdivider enter into a registered development agreement with the Regional Municipality of Waterloo to prohibit Category A Land Uses (as described in Schedule B of the Regional Official Plan) for Lots 1 to 10, all inclusive, to the satisfaction of the Regional Municipality of Waterloo. 10)That prior to final approval, the Subdivider provide the Region sufficient funds for the future installation of two (2) 9.5m x 2m transit landing pads by the Region, to the satisfaction of the Regional Municipality of Waterloo. The cost of the landing pads to be determined based on the cost of construction at time of payment. General Comments Any future development on the lands subject to the above -noted applications will be subject to the provisions of Regional Development Charges By-law 19-037 or any successor thereof. Document Number: 4997706 Version: 1 Page 3 of 4 Page 229 of 295 Please accept this letter as out request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Shilling Yip, MCIP, RPP Senior Planner cc. Brandon Flewwelling, GSP Group (via email) Document Number: 4997706 Version: 1 Page 4 of 4 Page 230 of 295 Andrew Pinnell From: Dave Seller Sent: Friday, March 22, 2024 10:09 AM To: Eric Riek Subject: TS comments: 30T-23201, 1st Submission, (McBrine Drive & 1700 Strasburg Road Kitchener) Attachments: 2020 COK MUT standards.pdf General Comments 1. Multi -use Trail Sign and Pavement Marking Standards (attached) and OTM Book 18 be used in combination for submission. 2. Cycling/pedestrian signs and pavement markings to follow OTM Book 18 — Cycling Facilities June 2021. C�.�1(:Im...Ii oolk 18 • See page 157 of 387 (combined crossride to be in accordance with Figure 6.3) • See page 184 of 387 (Adjacent Crossing Intersection Approach with Multi -use Paths be in accordance with Figure 6.4) 3. A 0.30m offset be provided between back of sidewalk/MUT to property line. 4. Stop bars be increased to 0.60m. 5. Stop bars be offset a minimum 1.5m from back of sidewalk/MUT. 6. Vehicle travel - solid yellow centre lines at stop locations be a minimum of 15m in length. 7. Solid yellow center line width— 0.10m. 8. LED streetlighting is required. 9. Property lines must be identified more clearly on the plan and profile drawings. For example, see green highlights below, a solid black line was used. 10. Below is an example of a right-of-way cross section that must be provided for each street. 1 Page 231 of 295 Drawing number Comments • See below - existing MUT along Strasburg Road. Dimensioning of MUT at Street A must be noted on the plan. C4-1 Plan & Profile Street A • Street A is a Major Collector roadway and based on the city's Geometric Standards for vertical curves, a K value of 20 be provided for a sag curve, rather than the K value of 12 noted on the plan. (LVC 65.77) • Street A is a Major Collector roadway and based on the city's Geometric Standards for vertical curves, a K value of 15 be provided for a crest curve, rather than the K value of 12 noted on the plan. (LVC 41.74) • Street A is a Major Collector roadway and should have a maximum 1.5% grade for a stop road at Strasburg Road. The distance should be measured 20 metres back from the pedestrian cross walk. • Fully separated drop curbs/Tactile Walking Surface Indicator (TWSI) be provided at intersections and noted on the plan. • TWSI (purple line) and concrete (green hatching) be installed for existing MUT along Strasburg Road. See below. Page 232 of 295 • TWSI (purple line) and concrete (green hatching) be installed at Street B. See below. I ULIN � kfa""oncrete :a 03 VII i i • TWSI (purple line), concrete (green hatching) and stamped concrete (brown hatching) be installed. See below. 3 Page 233 of 295 AI UHLINt SPHALT MUS" • Street B is a Minor Collector roadway and based on the city's Geometric Standards for vertical curves, a K value of 20 be provided for a sag curve, rather than the K value of 12 noted on the plan. (LVC 40.00) C4-2 Plan & Profile Street A is a Minor Collector roadway and based on the city's Geometric Standards for vertical curves, a K value of 15 be provided for a crest curve, rather than the K value of 8 Street B noted on the plan. (LVC 33.20) • Street B is a Minor Collector roadway and should have a maximum 1.5% grade for a stop road at Steet A. The distance should be measured 20 metres back from the MUT. • Fully separated drop curbs/Tactile Walking Surface Indicator (TWSI) be provided at intersections and noted on the plan. • Street C is a Minor Collector roadway and based on the city's Geometric Standards for vertical curves, a K value of 20 be provided for a sag curve, rather than the K value of 12 noted on the plan. (LVC 26.24) • Fully separated drop curbs/Tactile Walking Surface Indicator (TWSI) be provided at intersections and noted on the plan. • Transition sidewalk and MUT to McBrine Drive. See below. rMT% UZiiMIL krI III V=040 If SHEET C5-1 IM C4-3 Plan & Profile Street C NMI 4 Page 234 of 295 CB -1 Pavement Marking & Signage Plan Pavement Markings 0 Street A at Strasburg Road (see below). Stop, sign and stop bar must be relocated. � K � A �� ~ . �� � � ��� ° All Rb-51'obaremoved from the plan. ° Install "No Exit" VVa-31 signs for Streets 8&C.See below. ns W 4 A Ra -1 A SOILD WHITE LADDER —,,ZRO,SSWALK 3.6m WIDE 3.6m; WIDE ASPH. MUT s Page 235 of 295 NO EXIT Sign 12.5 N 0 -I EXIT "k a- 1 45 ain't x 45 am Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller()kitchener.ca Page 236 of 295 City of Kitchener Comment Form Project Address: McBrine/Strasburg Road — Industrial Subdivision Application Type: Draft Plan of Subdivision Comments Of: Urban Design Commenter's Name: Katey Crawford Email: Katey.Crawford@kitchener.ca Phone: 519-741-2200 ext. 7157 Date of Comments: March 13th, 2024 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑x No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed • Urban Design Brief, prepared by GSP Group — dated October 2023 2. Site Specific Comments & Issues: Urban Design Brief • Page 15. Update plan as per comments on page 18. • Page 17. Update plan as per comments on page 18. • Page 17. See mark-up provided with regards to terminating vista lots and revise. • Page 18. See mark-up provided with regards to lots fronting Strasburg Road and revise. • Page 18. Pavement marking and signage plans show additional sidewalk connection and MUT running up to Mcbrine Street. Coordinate and revise accordingly. • Page 18. Sidewalk adjacent to Building F is shown within ROW on pavement marking and signage plans. Coordinate and revise accordingly. Prior to draft approval the following is required: • Updated Urban Design Brief A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 237 of 295 Urban Design conditions of draft approval: The SUBDIVIDER agrees that the subdivision shall be developed in accordance with the endorsed Strasburg Technology Business Park Urban Design Brief and City of Kitchener Urban Design Guidelines for the huron trillium industrial employment area. Prior to registration, pre -grading or pre -servicing as required, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of the CITY'S Director of Planning. A City for Everyone Working Together— Growing Thoughtfully— Building Community Page 238 of 295 Andrew Pinnell From: Planning <planning@wcdsb.ca> Sent: Thursday, March 9, 2023 4:43 PM To: Andrew Pinnell Subject: RE: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Good Afternoon Andrew, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). If you require any further information, please contact me by e-mail at Jordan. NeaIe@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, February 17, 2023 3:40 PM To: _DL_#_DSD_Planning <DSD-PlanningDivision@I<itchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@I<itchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA- Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Page 239 of 295 Please see attached. Additional documentation can be found in AMANDA folder 23-102603 and Sha e,6-H (external agencies). Comments or questions should be directed to Andrew Pinnell, Senior Planner ( U�.Ep.yy.._pinneHktchener.ca; 519-741-2200 x7668). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 240 of 295 Andrew Pinnell From: Brandon Coveney <planning@wrdsb.ca> Sent: Tuesday, March 14, 2023 10:47 AM To: Christine Kompter; Andrew Pinnell Cc: Planning Subject: Re: [Planning] Circulation for Comment - McBrine Drive & 1700 Strasburg Road (O PA/ZBA) March 14, 2023 Re: Circulation for Comment - McBrine Drive & 1700 Strasburg Road (OPA/ZBA) Municipality: Kitchener Location: McBrine Drive & 1700 Strasburg Road Owner/Applicant: 2140221 Ontario Inc. Hello and apologies for the late response, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes the development of a business park subdivision consisting of 10 industrial lots. The WRDSB offers the following comments: Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to enhance safety and connectivity. Strasburg Road is a primary access route for student transportation at Huron Heights Secondary School and it is imperative that it remain accessible and unencumbered throughout the construction process. We request that the City consider limiting construction vehicle traffic on Strasburg Road during arrival and dismissal times to ensure that active transportation pathways and bus routes are maintained. Noise and Debris The proposed development is situated roughly 250m from Huron Heights Secondary School. The WRDSB asks that the appropriate debris containment and noise considerations are enacted to avoid negative school site impacts. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Regards, Page 241 of 295 Seinliioi I1l::1aininer, Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: brandon coven ey(o)w rdsb. ca On Fri, Feb 17, 2023 at 3:40 PM Christine Kompter <Christine.Kompter kitchener.ca> wrote: Please see attached. Additional documentation can be found in AMANDA folder 23-102603 and ShareFile (external agencies). Comments or questions should be directed to Andrew Pinnell, Senior Planner (Andrew. pin nell@kitchener.ca; 519-741-2200 x7668). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter I<itchener.ca Page 242 of 295 Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Teai7 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 October 15, 2025 To: City of Kitchener Via: Email Dear Garett Stevenson and other relevant individuals, Included are my environmental comments on behalf of Six Nations of the Grand River Elected Council (SNGREC) regarding the development at 1700 Strasburg. Haldimand Tract and 1701 Nanfan Treaty preamble Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in Canada. Development has occurred on Six Nations' traditional territory without consultation or consent of SNGR. The cumulative effects of this intense development has contributed to significant environmental degradation and, as a result, Six Nations has experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by the proponent. SNGREC's Stance SNGREC is unsatisfied by this development. The Huron Natural Area is strongly valued by Six Nations of the Grand River (SNGR) members, who regularly advocate for expanded and enhanced protections. While any development near this culturally and environmentally sensitive territory is concerning, this proposal will result in impacts to Six Nations of the Grand River's Aboriginal and Treaty Rights. To be satisfied, SNGREC would need to see the implementation of the following mitigation and compensation measures. Page 1 of 6 Page 243 of 295 Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Teai7 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Next Steps Treaty Rights Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by impacting the environment through emissions and use of resources. SNGREC requests that this development is paired with compensation for impacts to these rights and to the environment. Regarding Wetland Creation SNGREC requests a wetland compensation areal ratio of 3:1 onsite or 4:1 offsite. Despite the manmade nature of the removed wetlands, they have had 30 years to develop and moving them will undo those 30 years. To compensate for throwing away that growth and succession time, risk of wetland failure, and negative effects of this development, SNGREC requires a much greater ratio than 1:1. Please include SNGREC in consultation on the detailed design of the wetland area. The presence of invasive plant species is also a threat to the success of the wetland. SNGREC requests the removal of invasive species from the property before wetland creation is finished and a thorough monitoring and management plan for invasive species on the property extending for a minimum of 5 years which resets if invasive species establish in this wetland. What contingency plans will be prepared for the wetlands in case of habitat failure, and how much contingency funding will be allocated for these contingency plans? Regarding wetland buffers SNGREC requests 41m buffers from all wetlands. This means extending HNA wetland buffers from 30 to 41m and increasing the 15m created wetland buffer. The 15m buffer afforded to the constructed wetland is frankly irresponsible. Created wetlands have high failure rates, and in the long run are intended to naturalize and be as functional as an existing, natural wetland. In this case the 15m buffer runs a high risk of water quality issues and habitat failure, especially with something as active as a roadway. This roadway will input salt and other pollutants while producing a great extent of disturbance due to vehicle traffic. SNGREC's proposed buffers are based on indigenous knowledge, experience, and perspectives paired with scientific research using studies such as Beacon Environmental's 2012 Ecological Buffer Guideline Review. Table 7 on page 88 is a potent summary of the effectiveness of various buffer sizes based on real world implementations. Regarding Woodlot Buffers While HNA is given a 15m buffer, the woodlot around lots 8, 9, and 10 is only given a 10m buffer despite being Page 2 of 6 Page 244 of 295 Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Teai7 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 directly connected to HNA. SNGREC requests HNA and the adjacent woodlot are given 20m buffers to protect habitat function. SNGREC has had communication with the City of Kitchener that mentioned potential for this woodlot to be considered part of the HNA in the future, and thus it should be treated as part of HNA with regards to protection. Regarding Turtle Nesting Areas and Buffers The three proposed turtle nesting areas are all proposed within the 15m buffer, meaning that the nesting areas themselves do not have their own buffers. SNGREC requests that turtle nesting areas are afforded a minimum buffer of 20m. Additionally, the 3 turtle nesting areas are insufficient relative to the estimated 7.8ha of turtle nesting area being removed. SNGREC requests a sizeable increase to created turtle nesting areas. Further, keeping a minimal size of turtle nesting areas increases the risk of encroachment by surrounding plant life, and thus these areas should be increased in size and count. Regarding Exclusion Fencing While exclusion fencing is important to reduce road mortality, it also further restricts animal species, creating new hazards such as predatory choke points, reducing potential nesting and foraging, and reducing habitat connectivity. SNGREC requests that this is compensated for by reducing the scale of this development and improving habitat connectivity. SNGREC requests that exclusion fencing includes access from the development side for small creatures in case they end up on the wrong side or travel from elsewhere. Regarding the McBrine Drive Southerly Extension SNGREC requests the removal or deviation of the McBrine Drive southerly extension away from the created wetland. SNGREC acknowledges that the southerly extension is needed for emergency access, but requests the exploration of other options that could have reduced environmental impacts. Regarding Landscaping SNGREC requests that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Please provide SNGREC with a landscape plant list before procurement begins. The natural areas surrounding this development make plant selection even more important than for other sites. SNGREC requests that the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity allows. Regarding Section 10.5 Ecological Corridors and Linkages: Native Shrub Planting SNGREC appreciates the City of Kitchener's commitment to replant any shrubs that do not survive. Page 3 of 6 Page 245 of 295 Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Teai7 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Regarding Tree Compensation SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree replacement ratio helps to restore lost ecological function and considers time for regrowth and reduced survivability due to deer browsing and tree die -off. The goal of an increased tree replacement ratio is also to create habitat and strengthen ecological resilience. Further, the higher tree replacement ratio better compensates for the long lasting, permanent impact of the development on the land that will no longer be able to be used by Indigenous people. The removal of or damage to the natural environment has an immense negative impact to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional trees and improving the environment helps make up for the negative impacts from development on these rights. With the 750 proposed tree removals, this would require 7500 plantings as compensation. Despite being considered cultural environments, these trees should still be replanted fully. If this seems unfeasible, SNGREC suggests reducing the scale of development to remove fewer trees. Planted trees must be site-specific native species and should be planted as close to the site as possible without impacting existing features and ecosystems. The 10:1 ratio can be achieved by planting plugs or other earlier -growth trees, and they do not all need to be full street -tree size. Planting earlier -growth trees will require protection (i.e. herbivore browsing guards) and minor maintenance. SNGREC requires planting best practices are used and suggests collaboration with Kayanase Plant Nursery for recommendations and guidance. Please be advised, as tree offset is not feasible onsite, SNGREC expects offset plantings to take place as close as reasonably possible to the impacted site. SNGREC encourages collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo, RARE, or local property owners to achieve these offset plantings. Lastly, the Six Nations of the Grand River Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that the tree replacement is paired with a robust and complete monitoring and maintenance plan complete with contingency actions to ensure successful establishment of the trees for long term success. Expanding upon the Huron Natural Area would be an excellent way to achieve this tree replacement ratio. SNGREC requests that if plant species important to indigenous communities (see Six Nations Significant Plant List) are found and may be impacted, proponents contact Kayanase Restoration Company to collaborate on seed and plant collection and rescue. Contact details found later in this document. Page 4 of 6 Page 246 of 295 Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Tears 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Regarding 12.1.4 Species at Risk and Wildlife Habitat — Bullet Point #31 Please clarify what situations would require tree removal within the bird breeding and active bat season. SNGREC disapproves of this clause except for in hazardous situations such as trees that are expected to fall in a dangerous manner. Regarding EIS Section 10.2 Wetlands — Strasburg Creek Provincially Significant Wetland Complex Please clarify, is silt fencing intended to be removed after construction? Silt fencing is designed to be removed after construction, and a more suitable exclusion fencing should be used for long-term fencing. General Design Comment — Bird and Light Friendly Design SNGREC requests that the buildings and streetscapes are designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. Please see the City of Toronto's bird friendly practices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.calwp-contentluploads/2017/08l8dlc-Bird-Friendly-Best-Practices-Glass.pdf https://viww.toronto.ca/wp-content/uploads/2018/03/8ff6-city planning-bird-effective-lighting.pdf References Beacon Environmental. (2012). Ecological buffer guideline review. Prepared for Credit Valley Conservation. Retrieved from https://cvc.calwp-content/uploads//2021 /06/Ecological-Buffer-Guideline-Review.pdf Kayanase Six Nations Native Plant Nursery and Restoration Company httys://www.kayanase.ca/ By Telephone: 519-770-0013 or 519-732-6668 or 519-751-0568 to contact a Department Lead Nursery: salesgkayanase.ca Ecological Services: restorationgkayanase.ca In Person: Office Hours Monday to Friday: Sam to 4:30pm Page 5 of 6 Page 247 of 295 Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Teai7 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Thank you for taking my comments. I look forward to hearing and collaborating more on this project. Please do not hesitate to reach out if you have any questions or concerns. Nid:wen (Thank you) and kind regards Emmett Vanson, Land Use and Stewardship Technician Six Nations of the Grand River Elected Council Page 6 of 6 Page 248 of 295 From: Ray Angod < > Sent: Monday, September 22, 2025 9:58 AM To: Andrew Pinnell Subject: Follow-up on Indigenous consultation - 1700 Strasburg Rd Hi Andrew, I'm following up on an email thread regarding Indigenous consultation for 1700 Strasburg. In an email dated June 23, you wrote "We are currently engaging with Six Nations of the Grand River on this file. We are rolling out a formal engagement process with Six Nations very soon, but we already provided our current subdivisions for now." How has this initiative progressed over the past three months? Our informal discussions with SNGR indicate that they are not keen on development around the Huron Natural Area so we are interested if this engagement has begun and if there is any publicly -available documentation we can review on this matter. Thanks, Ray Page 249 of 295 From: Frank Glew < > Sent: Saturday, May 3, 2025 1:59 PM To: Andrew Pinnell; Chantal Stieler; Fraser Subject: Active Proposal [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderidentification ] Hi Andrew, It was nice to finally meet with you. The meeting was very informative. The Activa proposal does not seem compatible with a Cold Water Stream which is beside the 10 story residential building. It also is not compatible with the original mission statement for the park. These are not environmentally friendly proposals. I do not know howyou willjustify or handle these requests to suit the ecological integrity of HNA. Frank Glew Page 250 of 295 From: Frank Glew < Sent: Saturday, April 13, 2024 1:57 PM To: Andrew Pinnell Subject: HNA Access Denied [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderidentification ] No Trespassing (Access Denied) This is the message that greets you at the Southern entrance of Huron Natural Area, a public park. This certainly was not the intention of the founders of the park 26 years ago. HNA is a special jewel in the middle of Kitchener. In the cities' own words Huron Natural Area is Kitchener's biggest natural space. It is an important place to many people. It provides spaces to walk, play and enjoy nature, has unique opportunities for education and research, provides recreational employment, and is a significant place for Indigenous communities. It has a natural playground, hiking trails, lookout areas and lots of nature to explore. It only has two entrances. The main gate is at the North end on Trillium Dr. A South entrance is on Strasburg Rd. by Huron Ht. Secondary School. This South entrance is now closed. GATEMAN-MILLOY, a local developer has fenced off the HNAtrail system denying access to the public. This trail leads to a boardwalk where a most unique natural phenomena occurs. You can feed Black Capped Chickadees, Red Breasted Nuthatches, White Breasted Nuthatches, Downy Woodpeckers and Red Bellied Woodpeckers out of you hand. It is very unusual and a unique privilege to be able to have personal contact with this diverse group of wild birds. Kitchener people are very fortunate. I do not know anywhere else that this can happen with these species of birds. Children never forget this personal encounter. The trail is short in distance for younger children and is wheelchair accessible so all can enjoy the opportunity to literally connect with nature. It is too far for younger children or wheelchair people to travel from the North gate. Parents create a special bond when sharing nature with their children. " If a child is to keep alive their inborn sense of wonder, they need the companionship of at least one adult who can share it, rediscovering with them the joy, excitement, and mystery of the world we live in." Rachel Carson The closure will now deny this special experience. Thousands of nature lovers visit HNA by using this South trail each winter. It alleviates the over parking issue at the North entrance. Now it could be closed for years as GATEMAN-MILLOYgo through the phases of development. When the park was originated, there was an agreement that only environmentally friendly businesses would be allowed to build next to the park. I do not know what GATEMAN-MILLOY has in mind. I have emailed and phoned them to get more information but have had no response. Meanwhile the public has shown how they feel about the fencing at the entrance. Someone has cut the fence down. If GATEMAN-MILLOY wants to exercise their public conscience or stewardship intentions, now is the time to do it. Closing the park for one day is a public travesty let alone the possibility of closure for years. see by the signage the city (Andrew Pinnell -Senior Planner) has knowingly and passively let this happen to the point of closing the trail without taking into consideration the many people who use the trail presently. This should never happen. The city and GATEMAN-MILLOY need to work out an immediate solution. Dr. Frank Glew Phd. environmental Science Page 251 of 295 Jade McGowan From: Yvonne Fernandes < Sent: Monday, April 7, 2025 12:08 PM To: Andrew Pinnell Subject: RE: Development on the border of HNA You don't often get email from Learn why this is important Hello Andrew, It has been some time since we have communicated and I hope this finds you staying well and busy. I am wondering if you can help me with a few questions, I understand that a portion of the HNA off of Strasburg Road has been sold to a developer. There are other lands to the south of the HNA that may also no longer be owned by the City. Would you be able to help me understand why the land off of Strasburg Road that was protected within the HNA boundary has been sold? Did the City own that piece of land? Could you also tell me if there are additional lands that border the HNA that could be sold for development or are they already owned by private landowners? am hearing from many in the community that are concerned the HNA may be subject to "death by a thousand cuts" as land is carved out for industrial or residential development around the HNA. am happy to have a phone conversation with you if that is easier than email. I have included my cell phone number below. Yvonne Fernandes President of the Doon Pioneer Park Community Association Follow your dreams of a better world, and keep on trying, even when there seems to be little hope, because it is the right thing to do. RobertAlan. Page 252 of 295 From: David Danciu < Sent: Saturday, March 29, 2025 9:09 AM To: Andrew Pinnell Subject: HNA Industrial Developement You don't often get email from Learn why this is important Dear Mr. Pinnell, am writing to express my strong opposition to the proposed industrial park development surrounding the Huron Natural Area. This area is an invaluable ecological and cultural resource, and further development would significantly harm its delicate ecosystems. The proposed development poses risks to local wildlife, including at -risk species such as turtles, and would contribute to habitat fragmentation and environmental degradation. I urge you to reconsider this development and prioritize alternative solutions, such as repurposing vacant commercial properties in the area, which would allow for business growth without compromising our natural heritage. Thankyou foryour attention to this critical issue. Sincerely, David Danciu Page 253 of 295 From: Darren BAILEY < Sent: Friday, March 21, 2025 3:16 PM To: Andrew Pinnell Subject: proposed industrial area attached to the huron natural area [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderidentification j Hi Andrew, I just found out that they plan on destroying areas attached to the Huron Natural Area to put in a very large amount of industrial buildings. There are a ton of decrepit areas of kitchener with abandoned buildings or unused land but the city seems to constantly allow developers into fully treed areas to destroy. The canopy keeps disappearing in the city and the city of Kitchener's own mandate for the tree canopy is a 30% target. This is an area that is attached to the huron natural area and should be maintained as that to maintain a natural area for the animals and wildlife that we are trying to maintain in this city. To push an industrial build right onto the very edge of the Huron Natural area and destroy much of its ecosystem by adding in more distribution centres is ridiculous. The shear impact on the Natural Area will be great, and I get real tired of our city saying one thing and then doing the exact opposite for protection of trees and wildlife. This proposal should be turned down and alternatives brought up as ripping apart a lot of a natural area for that amount of industrial buildings doesn't make sense. Thanks Darren Bailey Page 254 of 295 From: Ray Angod < > Sent: Thursday, June 19, 2025 10:43 PM To: Andrew Pinnell Cc: Garett Stevenson; Brian Bennett; Shannon Weber Subject: Re: 1700 Strasburg Rd inquiry of property sale Hi Andrew, Thank you for this additional context. I have reviewed to available documentation and currently have two questions: 1.) The preliminary salt load analysis conducted by WalterFedy in 2023 concluded that "The estimated post -development groundwater Chloride concentration of 624.8 mg/L exceeds the RUC criteria of 132.5 mg/L. As such, mitigative measures will be required for the proposed Site Plan developments to address potential impacts on groundwater quality and Salt Management Plans should be prepared for all industrial lots within the proposed development subject to the Site Plan Approval process". Who is responsible for planning, implementing, and paying the costs of these recommended mitigative measures? https://app2.kitchener.ca/AppDocs/OpenData/AMANDADataSets/674283_Preliminary%20Salt%20Load ing%20AnaLysis.pdf 2.) It appears that this proposed development is within 10km of the Haldimand Tract/Grand River Corridor. I did not notice any mention of consultation with Indigenous communities. Did I overlook something in the documentation provided? If not, what is the plan to include the Indigenous community in this proposed development? Thank you for your time. Ray Page 255 of 295 From: Sent: To: Subject: You don't often get email from Hi Andrew, Justin Krulicki < > Tuesday, April 23, 2024 8:26 PM Andrew Pinnell Details of Sub -division Plan Near Huron Natural Area Learn why this is important I was forwarded your contact information by Catherine Thompson from the Record. She recently published an article on a Gateman Milloy development project that would restrict pedestrian access to Huron Natural Area via Strasburg Road. While I am not really concerned about the access point restriction, as an avid user and enthusiast of HNA trails and land -base, I feel concerned about my ignorance in the scope of this development, and I am hoping you can put my mind at ease. Would you mind tracing a boundary of the proposed, development affected area on this following image? Catherine sent me a draft plan of the proposal (image below) , but I am struggling really hard to precisely locate the coordinates of the boundaries of development, so I am thinking you just tracing on this google map image would be most helpful. Page 256 of 295 Page 257 of 295 Also, what are the next steps for this project? Does it need to be approved by council? If it has already been approved, could you direct me to the date/time where this happened? Also, do you know who owns the land that I've traced an area around in the following images? Even after years of frequenting this forest system, I never noticed it was not a part of Huron Natural Area. Page 258 of 295 Thanking you in advance for the extra detail and clarity. Justin Krulicki Kitchener, Ontario Page 259 of 295 From: Charlotte G < > Sent: Friday, March 21, 2025 10:15 AM To: Andrew Pinnell Subject: Re: Development around Huron Natural Area You don't often get email from Learn why this is important Hi Andrew, It's good to hear from you - thank you for your response. I appreciate you keeping me in the loop regarding future meetings. I will be in touch with any additional questions until then. You may like to include in your staff report a petition circulating to stop the development at 1700 Strasburg Rd. It has nearly 300 signatures as of today: https://www.change.org//p/stop-the-industrial- park-development-surrounding-the-huron-natural-area-in-kitchener Thankyou, Charlotte Goguen On Thu, Mar 20, 2025 at 12:30 PM Andrew Pinnell <Andrew.Pin nellC«okitchener.ca> wrote: Hi Charlotte, Thanks for your comments. I will include them in the staff report. The next step in this process will be the Planning and Strategic Initiatives Committee meeting, wherein the proposal will be discussed by members of the Committee and recommendation will be made. Timing of this meeting is not yet known (the proposal is still in the problem -resolution phase), but I have placed you on the contact list to be notified of the date and details of the meeting when known. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Development & Housing Approvals Division I City of Kitchener 519-783-8915 1 TTY 1-866-969-9994 1 andrew.pinnellPkitchener.ca From: Charlotte G < > Sent: Sunday, March 9, 2025 10:10 AM To: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: Development around Huron Natural Area You don't often get email from Hi Andrew, Learn why this is important Page 260 of 295 I'm writing to voice my opposition to the proposed development at 1700 Strasburg Road. I live next to the HNA and feel this development would bedisruptive to the nearby wildlife. Will there be a town hall meeting on this issue, and if so, when? I am having a hard time navigating the City of Kitchener website and it's not clear tome when and which council will be meeting on this topic. Thankyou, Charlotte Goguen Page 261 of 295 Jade McGowan From: Sent: To: Cc: Subject: You don't often get email fro Hello, Chantal S < Thursday, February 20, 2025 9:54 PM Andrew Pinnell Rachel Voros; Joshua Shea; Lenore Ross; Barbara Steiner; Garett Stevenson; ; Mayor; Gary MacDonald; ; Deran Palvetzian Re: Application for Development in YOUR NEIGHBOURHOOD... Additional signage for neighbours... HNA Learn why this is important Thank you for a timely response Andrew however I'm left feeling like I need to explain my concerns a little further. Is the Huron Natural Area not considered a neighbour, a BIG neighbour aka adjacent landowner/occupant? I believe they share the largest border of the proposed development. As HNA is a shared community space, welcoming all, would it not be important for them to be aware of the big changes that are proposed? I'm only aware as I went looking for this. Most people who visit HNA will not see either of these signs; if they are arriving by foot from the south end of the HNA or if they are arriving by car, with children, pets... their eyes will be on the road, not on a new sign on a fence, especially ones far from the main entrance. Many people do not read The Record and not everyone will be checking your website regularly for updates on what is happening around the city. Adequate signage, regardless of what is standard, would be a more efficient way to inform your public of changes happening so close to our treasured gem, HNA. Signs at the main entrances at the very least. It was seen as important to inform visitors of the HNA of the Trail Closer at the old Strasburg Road entrance with the eye catching yellow signs at all trail crossroads. This is important and many visitors, including myself, assumed this was temporary (the signs for the trail closure do not say permanent closure and say nothing about the proposed development.) When visitors saw the Trail Closure signs go up about a year ago now, we assumed this Trail Closure was for park enhancement, as we have seen this in the past. It is interesting to me that this new proposal for development of the areas bordering the HNA is not recognized as being significant enough to ensure visitors are informed while they are visiting the HNA? Signage throughout the HNA would be more relevant than having to go looking for information on city websites, The Record or spying one of two signs posted on sidewalk fences, especially in winter. Page 262 of 295 This information is of great interest to those who enjoy visiting the HNA. Essentially, we are all neighbours and would appreciate being properly informed. In life there are minimum standards, that doesn't mean we can't choose to do better. With something so important, to so many, I'd like to believe that our City would find it important to go above basic standards, especially at the request from it's citizens, to do their best to inform as many as possible in the community of such a significant proposal of change. Kind regards, Chantal From: Andrew Pinnell Sent: February 18, 2025 2:07 PM To: 'Chantal S' Cc: Rachel Voros ; Joshua Shea ; Lenore Ross ; Barbara Steiner ; Garett Stevenson Subject: RE: Application for Development in YOUR NEIGHBOURHOOD... Additional signage for neighbours... HNA Hi Chantal, Thanks for your feedback. I believe your inquiry relates to the proposed subdivision at 1700 Strasburg Road / McBrine Drive? If so, in keeping with standard City practice, for the proposed subdivision development, one sign per road frontage is required. In this case, two signs were required to be installed: one on the McBrine Drive frontage and the other on the Strasburg Road frontage. We use several other notification means also, including circulating adjacent landowners and occupants via mail, ads in The Record, notices on our website, etc. I believe there is additional signage related to the trail closure. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner Development & Housing Approvals Division I City of Kitchener 519-783-8915 TTY 1-866-969-9994 1 andrew.pinneLL(akitchener.ca From: Chantal S Sent: Thursday, February 13, 2025 9:10 PM To: Rachel Voros ; ; Joshua Shea ; Andrew Pinnell Cc: Subject: Application for Development in YOUR NEIGHBOURHOOD... Additional signage for neighbours... HNA Good day, was finally able to get a better look at one of the new signs that went up on the fence along Strasburg road. I see there is another sign at what used to be a Huron Natural Area access point, now blocked, but could not get close enough to see today. I'm not sure if it is the same sign or a different sign? I will have to try and get closer another day. Can we please have additional "Application for Development" signs posted throughout the Huron Natural Area as soon as possible; this is neighbouring the area of proposed development. The current signage is limited advertising for the public, especially in winter. Page 263 of 295 I missed the details of the Application for Develpoment sign that had gone up between Weber Supply and Parkvale Dr. last summer/autumn. Only seeing this from the road by vehicle. Additional signage for this Application for Development would be beneficial for informing the public of this proposal if they were placed in higher foot traffic areas neighbouring the area, the Huron Natural area. • At the main entrances of the Huron Natural Area. • All other access points of the HNA; • Strasburg Creek Trail access at the boardwalk crossing over the creek, at both ends. This crosses over the Protected Archeological site. • The Brittania Cres. access. • The Parkvale Dr. access. • At the "old" Strasburg road access point, from inside the HNA, where this trail used to continue to Strasburg Road. This is at the board walk where people visit and feed the birds by hand. Special place. • At all trail cross roads and boardwalks. • Where current Yellow TRAIL CLOSED signs are posted. This would be beneficial to the neighbouring community and community at large. Thankyou. Kind regards, Chantal Page 264 of 295 From: Chantal S < Sent: Friday, March 28, 2025 3:35 PM To: Dianna Saunderson <Dianna.Saunderson(a>kitchener.ca> Cc: Barbara Steiner<Barbara.SteinerCcbkitchener.ca>; Stephanie Stretch <Stephanie.StretchC@kitchener.ca>; tova.davidson(&sustainablewaterlooregion.ca; Fionnula Wade <Fionnula.WadeCabkitchener.ca>; Anna Marie Cipriani <AnnaMarie.Cipriani@kitchener.ca>; kyra.chisholmCabsustainablewaterlooregion.ca; clarissa.chanes(@sustainablewaterlooregion.ca; autumn.loosemore@sustainablewaterlooregion.ca Subject: Re: Huron Natural Area Some people who received this message don't often get email from . Learn why this is important Hello Dianna, Thank you so much for taking the time to walk me through this process. I appreciate you confirming that I am on the list of interested parties as well as noting that I would appreciate scheduling notification so that I can be ready for the delegation process. Another question: Am I able to present my/our concerns, of the same topic, to multiple committees? Example, The Climate Change and Environmental Committee in addition to the Standard Planning committee? Our concerns regarding this proposed development over lap the planning of the new proposed subdivision at Strasburg and Mcbrine, as well a the environmental/ climate impact this will have. My question to Barbara Steiner: Hello Barbara, It is my hope, as well as a growing number of supporters in the community, that the City of Kitchener will act proactively instead of reactively going forward. The idea being that the city can try to acquire the additional lands surrounding HNA before they are sold off by private land owners to developers. Other than the now owned Gateman Milloy property at 1700 Strasburg Rd & Mcbrine property, I believe all other lands (please refer to the first image I am sharing above, I've marked these "A" "B" "C") surrounding HNA are privately owned? would hope that we can be proactive as a community and take this opportunity to conserve these lands before they are destroyed aka "developed". There was a zone change at Fischer Hallman Road, area ("A") in recent years. I believe this was previously zoned for agricultural use. A corn field of some kind has been there for years with trees farther back, merging into HNA's forest, as well as Sunfish pond's south side. Are you able to tell me what this area is now zoned for? This is bordering the West side of HNA. Area ("B") is between Weber Supply and Parkvale Dr. on Huron Road. A Stantec sign sits near the side walk now. There are rumors circulating, I have not been able to confirm yet, that an apartment building is proposed to go up here? Area ("C") is a large chuck of land between the HNA's Strasburg Creek trail and the HNA's Woodland Trail. It is obvious why we are interested in conserving these lands. As I learned from reading the Application document (cover letter below), the city was the owner of the land at 1700 Strasburg road until June 2022. I've been urOnj� the citv to consider expanding the HNA borders since 2020. Before the sale. WMININ Page 265 of 295 Asa community, we will be giving all our effort to protect this area surrounding HNA. Preventing the proposed development from happening. It means so much to so many. Worth standing up for. We hope that in the end, the City of Kitchener will also see that this is worth protecting. A beautiful investment for our community. A great step towards meeting our Sustainable Development plan goals! Look forward to hearing back from you. Kind regards, Chantal ' February 6 th , 2023 File No. 18161 City of Kitchener Planning Division, 6th Floor 200 King Street West Kitchener, Ontario N2G 4G7 Attention: Mr. Andrew Pinnell, MCIP, RPP Senior Planner Dear Mr. Pinnell: Re: 2140221 Ontario Inc., c/o Millgate Holdings Formal Application for Draft Plan of Subdivision — Industrial Subdivision McBrine Drive / Strasburg Road, Kitchener GSP Group is the Planning Consultant to 2140221 Ontario Inc. (the "Owner") who has recently acquired lands in the Huron Industrial Parl<from the City of Kitchener (June 2022). Those lands are legally described as Part Lot 17, RCP 1471, being Parts 1 & 2, 58R-6642, s/t 1004437; st 1487182 (being all of PIN 22607-0040 (LT)), and Part 1, RCP 1382, being Part 8, 58R-12866, save and except Part 1, 58R- 15153 (being all of PIN 22607-1237 (LT)), in the City of Kitchener, in the Regional Municipality of Waterloo. GSP is pleased to submit this application for Draft Plan of Subdivision. From: Dianna Saunderson<Dianna.Saunderson@kitchener.ca> Sent: March 28, 2025 11:24 AM To: Cc: Barbara Steiner <Barbara.SteinerC@kitchener.ca>; Natalie Goss <Natalie.GossC@kitchener.ca> Subject: Huron Natural Area Hello Chantel, In addition to the email that was CC'd to Andrew P related to the McBrine Subdivision, you had some questions about the Huron Natural Area and the lands adjacent to that site noting a desire to see the Huron Natural Area expanded. As we chatted about, it is likely the best folks to speak to about this matter would be someone in Planning. By way of this email I have CC'd Barbara Steiner the City's Environmental Planner who may be able to provide you additional information on those lands and their uses. Please feel free to reach out to her further with any questions you may have. Kind Regards, Dianna Saunderson, AMP Manager of Council/Committee Services & Deputy Clerk I Corporate Services I City of Kitchener 519-904-14101 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca �11�o11nlil(IIMI�1+' Page 266 of 295 From: Chantal S < > Sent: Friday, April 25, 2025 10:46 PM To: Andrew Pinnell; Barbara Steiner; Joshua Shea Cc: Frank Glew Subject: Thank you Thank you for making time to discuss numerous questions/ concerns today. Reviewing some of what we discussed; I'm trying to view the Geo Hub map you were sharing today, zoning is unavailable as open data. I can't find it on Kitchner explore either? I'm trying to find the perimeters/borders of the NHC-1 area. Area "C" on my map. I thought after todays meeting I would be able to look these up again at home? Can you please share the map with all the zoning markers surrounding HNA? I believe there was a P3 near Sunfish pond as well. (133 is similar protection as NHC-1 was my understanding?) I know at some point the border(s) of NHC -1 merge with the land where the proposed plans for the apartment building at Huron road could be. Between Parkvale Dr and Weber Supply. This is all owned by Activa now but there is obviously a zoning change between this and NHC -1. We didn't zoom that far down the map with the zoning layer today. On another note, can someone please direct me to an example where the long wave LED lights such as the amber and red lamps are being used around HNA? When I've visited at night I haven't seen these? We know that the amber and red lights reduce interference with nocturnal wildlife such as bats, owls, and insect populations. This would also reduce stress on other wildlife as well. This change in lighting can have a significant and positive impact on wildlife. I would think that this switch would be fairly straight forward? We all seem to share concerns around salt getting into our ground water, as this should concern us. When I suggested sand/gravel grit for traction in lieu of salt Barbara commented that this could lead to the need to clen the pipes more frequently. Could we not install a membrane/filter to catch/collect/screen sediment/sand which we could clean out every spring? Like we do when construction is happening? Page 267 of 295 This would eliminate our need for salting. Protecting our groundwater, soil, plants, vehicles, shoes.... from the havocs of salt! If we were real smart we would reuse the grit again, after cleaning these out in the spring. This could also save money? Or maybe balance out with the additional fee of needing to manage the debris filters? In the end, protecting our environment and "resources" from salination should be a top priority. Increased salination is compounding with each year that passes. It takes time and specific conditions for this to reduce and with additional paved surfaces spreading rapidly throughout our community it will multiply even quicker. This does not give mother Nature enough time to regenerate and heal. Lets put Waterloo Region on the map for meaningful healthy communities. Lastly for Josh, we briefly discussed earlier. But anyone is welcome to assist. The litter bordering Ficher Hallman Rd going from the Wallaceton Marketplace Shopping mall all the way to Sunfish plaza, both sides of Fisher Hallman, are littered. I 've contacted bylaw to make a report, they've been helpful in the past, but they weren't sure when we talked if this was the Region or the city's responsibility? Usually I get a follow up call from bylaw confirming they will take care of the road side litter. I have not heard anything after a few weeks. It's a mess and the traffic is too great now for citizens to care for this strip of road as we have in the past. There is also a lot of trash collecting on/in the border between Sunfish Plaza and HNA. Likely blowing in from the plaza. Plazas are notorious for waiting too long to empty their trash cans. Lazy shoppers don't help either but a lot of trash will simply blow out from the overflowing trash cans. I've reported these overflowing trash can to numerous stores and they always say, it's the plaza who's responsible for taking care of this. I always wonder why they don't just take it upon themselves to help keep our community clean? Maybe I'm old fashioned? I am! Thanks and have a lovely weekend! Chantal Page 268 of 295 From: Chantal S Sent: Friday, May 2, 2025 10:20 PM To: Andrew Pinnell Subject: I think I have a clearer picture now.... Please clarify /confirm Attachments: 20250502_203141 jpg; 20250502_205703 jpg; 20250502_203322jpg; 20250502_ 202819jpg;20250502_213833.jpg;20250502_213822.jpg;20250502_213759jpg HI Andrew, A few questions after a closer look and time to review, some of this. This is not my familiar territory! My first set of Q's are referring to the proposed development at 485 Huron Rd. (images 1-4) First Q: Please clarify, explain why and where this minor variance was cut in half? 4.5 City of Kitchener Zoning Bylaw The lands are zoned General Commercial with Special Provision 119 (COM -2(119)) in the City of Kitchener Zoning By-law 2019-051. The Special Provision prohibits dwelling units on the lands and permits shared parking, access, amenity space, and other uses associated with the adjacent lands zoned MIX -3, which are proposed to be developed with a ten storey residential building. (Phase II ?) Minor Variance application A2023-102 was conditionally approved on August 16, 2023 and permits a reduced interior side yard setback of 1.5 metres instead of the required 3.0 metres on the subject lands. (is thus referring to the landscaped/ Amenity area?) In my 3r1 picture. (the images shows green space. I'm not so confident it will stay green? there aren't many trees and it says... Amenity area) This may be two questions? The existing community, and I suspect future community, would appreciate this area staying r . A Zoning By-law Amendment to amend Special Provision 119 to additionally add a self -storage use to the permitted uses on the subject lands is required to facilitate the development. Second Q: 3.1 Proposed Development Would establish a multi storey self -storage building along with associated parking and loading spaces on the subjected lands (Fig3) The image in Fig -3 says a 1- storey sellf storage. Which is it, Multi or 1? Third Q: Page 269 of 295 The Natural Heritage area referred to in section 5.2 Scoped Environmental Impact Study (I'm assuming this is the border I was looking for in my last email? This is part of the NHC-1 zoning you showed us last week near the 1700 Strasburg Rd. proposed development?) This backs immediately behind the proposed development at 485 Huron Rd. Meaning iiiriip future development will be able to creep further into the existing Natural Heritage Area boundary. Even though this Natural Heritage area is now owned by the applicant? (this is one of my BIG Q's) *note: I'm concerned that the noise level of a 35 decimal reading for residents will still be too high. The HNA and the Huron Village residents are currently experiencing ongoing increased noise issues, as of 2023. Shortly after Tree House Foods bought JT Bakeries in fall of 2022. We had no noise issues with JT bakeries for over a decade. It is the flour silos' at Tree House Foods that are disturbing the peace for the citizens of HNA and HV. A high pitched piercing Hmmm that even pierces our windows. I can hear this now as I type. It goes 24 hours /5 days a week and sometimes 7 days when it is their busy times. The community would greatly appreciate being able to go back to the peace and quiet we had until a couple years ago. My final Q's will be referring to Fischer Hallman side of HNA border. (images 5,6,7) In my last pic-7 the image shows a B-2 zoning. This mean that the land owner can develop here in the future if they so choose! Currently zoned Restricted Business Park! How do we go about rezoning this Andrew? Rezoning to protect this forested land and I believe wetlands in their as well. This is very important to the community. Your guidance would be greatly appreciated! I hope to hear from you next week. Kind regards, Chantal Page 270 of 295 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: October 27, 2025 SUBMITTED BY: Rosa Bustamante, Director of Planning and Housing Policy/City Planner, 519-783-8929 PREPARED BY: Katie Anderl, Project Manager - Planning, 519-783-8926 WARD(S) INVOLVED: All Wards DATE OF REPORT: October 9, 2025 REPORT NO.: DSD -2025-411 SUBJECT: Enabling Four Units — One Year Follow-up RECOMMENDATION: That Council endorse the next steps as outlined in report DSD -2025-411. REPORT HIGHLIGHTS: • The purpose of this report is to provide an update on the uptake of additional dwelling units (ADUs) following approval of new zoning regulations in 2024 that enabled up to four residential units on a lot which permits a single detached dwelling, semi-detached dwelling or street -townhouse dwelling. • The key finding of this report is that there has been a meaningful increase in the number of four -unit dwellings since the new regulations were enacted. • There are no financial implications associated with this recommendation. • Community engagement included a survey on the Enabling Four Units EngageKitchener page to obtain feedback from homeowners and developers that have added ADUs to their property and residents living in neighbourhoods where additional units have been added. Staff received 288 responses to the survey. • This report supports the delivery of core services EXECUTIVE SUMMARY: In 2024, the City of Kitchener implemented Official Plan policies and Zoning By-law regulations allowing up to four dwelling units on lots which permit single detached, semi-detached, or street townhouse dwellings. This initiative has significantly expanded the potential for additional dwelling units (ADUs) within neighborhoods. Building permit data indicates an increase in the number of triplexes and fourplexes since enactment of zoning regulations and a reduction in the number of overall projects requiring minor variances. Efforts to promote ADU development have included broad-based public outreach and the introduction of resources such as the "Guide to Additional Dwelling Units", a user-friendly guide available on the City's website to assist homeowners and developers seeking to add ADUs to their properties. Staff recommend several next steps to improve community understanding of ADUs and what is permitted, to support homeowners and builders in navigating the approvals and permitting process, and to promote the CMHC Housing Design Catalogue by becoming a Local Partner. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 271 of 295 BACKGROUND: The City's Strategic Plan, Official Plan, and Housing for All Strategy recognize the importance of using a broad range of tools to advance critical housing objectives, and the City of Kitchener has been a leader in permitting ADUs on residential lots. Since the mid-1990s, Kitchener has permitted two dwelling units (i.e., duplexes) on most residentially zoned properties. Since 2021, three dwelling units (triplexes) and backyard homes have been permitted on many lots. The Enabling Four Units project is one of many supported by Council since their endorsement of Kitchener's Housing Pledge in March 2023. The Housing Pledge includes strategies and actions to support the building of 35,000 more homes by 2031. Enabling Four Units further implements and aligns with recommendations of the Enabling Missing Middle and Affordable Housing Feasibility Study (April 2023) and is a key action of the City's Housing Accelerator Fund application supporting the City in achieving housing commitments. In March of 2024, Council Approved Official Plan and Zoning By-law Amendments to permit up to four dwelling units on lots which permit single detached dwellings, semi-detached dwellings and street -townhouse dwellings. The Council resolution directed staff to: "... provide data regarding the number of four -unit dwellings, including discrete Additional Dwelling Units constructed following approval of the Proposed By-law attached to Development Services Department report DSD -2024-066, and report back to the Planning and Strategic Initiatives Committee by the Fall of 2025 with additional recommendations, or to provide for information if no additional recommendations are proposed." Permitting four units as -of -right was a requirement to receive Housing Accelerator Funding. REPORT: Additional Dwelling Units (ADUs) include any dwelling units added to a property with a single detached dwelling, a semi-detached dwelling unit or a street -townhouse dwelling unit as the principal use. ADUs may be attached or detached, and up to three may be permitted on a lot together with the principal dwelling, resulting in buildings commonly referred to as a duplex, triplex, fourplex, or a backyard home (which may have one or two units), or a combination of such buildings. The key zoning changes in March 2024 included: • Permitting a fourth dwelling unit on many residential lots • Reducing parking requirements for ADUs • Reducing minimum lot width requirments for ADUs • Increasing the height and the number of units permitted in a backyard home • Further regulating built form and site layout only to the degree necessary for safety and functionality The purpose of the Enabling Four Units project was to permit gentle intensification in existing neighbourhoods to increase the housing supply and housing choice. In determining the success of the new regulations staff considered and are reporting on the following: 1. The number of building permits issued for ADUs by dwelling type 2. How many ADUs are on lots which would not have previously been eligible 3. How many developments have required minor variances to zoning 4. Feedback from the general public and homeowners/builders constructing ADUs 5. Feedback from the Affordable Housing Community Improvement Plan Builder Workshop Page 272 of 295 Each of these measures is further discussed in the sections below along with any additional recommendations. Number of Building Permits Issued Staff have reviewed the number of building permits issued for ADUs from 2019 — June 2025 (see Table 1). Table 1. Building permits issued for Additional Dwelling Units in Kitchener, 2019-2025 Year Duplex (1 ADU attached) Triplex (2 ADUs attached) Fourplex (4 ADUs attached) Backyard Home (1 — 2 ADUs detached) 2019 201 (211 units)* 3 (6 units) 1 (1 unit)** - 2020 276 (285 units) 6 (9 units) - - 2021 368 (381 units) 9 (10 units) 1 (1 unit)** 4 (4 units) 2022 517 (542 units) 10 (11 units) - 14 (14 units) 2023 646 (670 units) 20 (29 units) 3 (6 units) 27 (27 units) 2024 569 (595 units) 28 (40 units) 14 (36 units) 21 (22 units) 2025 (Jan- Jun) 235 (245 units) 17 (26 units) 8 (24 units) 15 (18 units) * a building permit can include several units. The number in brackets indicates the number of units created. ** built as a multiple dwelling rather than a single with ADUs From January 2024 — June 2025 there have been 22 permits issued for fourplexes, resulting in 60 new units. There are also several examples of other configurations of four units on a lot, with a `double -double' (2 units in a principal dwelling and 2 units in a back yard home) being a common approach. A photo inventory showing examples of completed or under construction four -unit configurations is provided in Attachment A — Newly Created Four Unit Dwellings and Two Unit Backyard Homes. Building Permit data shows that triplexes saw significant uptake in 2023 following enactment of Bill 23, which amended the Planning Act to permit up to 3 dwelling units on Parcels of Urban Residential Lands across the province. Data shows that 2023 also had a record number of building permits issued for duplexes and backyard homes. While fewer duplexes and backyard homes were added in 2024 than in 2023, the number of permits exceeds those issued in 2022 and is positive given the current economic climate and the slower pace of construction experienced in other types of residential construction such as detached homes and condominiums. Construction Page 273 of 295 of triplexes and fourplexes continued to increase steadily in 2024 and 2025 following the City's approval of the new 4 -unit regulations. Staff also explored where in the city ADUs were most frequently added comparing distribution from 2019 to 2023 with 2024 to 2025 (see Attachment B - Kitchener Additional Dwelling Units Permits Issued — Map A and Map B). It is interesting to observe that in the 2019-2023 period triplexes, fourplexes and back yard homes were primarily built in the Central City (generally Wards 9, 10 and the Vanier neighbourhood of Ward 3), whereas in 2024 to 2025 ADUs were frequently constructed in Established Neighbourhoods including in residential areas developed from about 1950 to 1980 in Wards 1, 2, 6, 7 and 8. Established neighbourhoods are often characterised with large lots and older more modestly sized housing stock, which lend themselves to redevelopment and intensification. Duplexes continue to be added in most residential neighbourhoods, with a notable concentration in new subdivisions, demonstrating high likelihood of duplexes being added shortly after construction of the principal dwelling. The new regulations increased the number of lots eligible for triplexes, fourplexes and backyard homes by about 45% from 28,575 lots to 41,451 lots, by reducing minimum lot width from 13.1 metres (or zone minimum if greater than 13.1 metres) to 10.5 metres (or the zone minimum if greater than 10.5 metres) in suburban areas, and simply relying on the zone minimum in the central city. Following the new zoning regulations being enacted, approximately 42% of all lots with triplexes, fourplexes or backyard homes are on lots with widths less than 13.1 metres (Table 2). Table 2: Building Permits issued for ADUs on lots with widths less/greater than 13.1 m To date, staff believe that most ADUs operate as rental units or may support family living arrangements. The City has not received any applications that would provide for ownership of an ADU such as a Plan of Condominium, however, there has been some interest from builders in exploring this in the future. Staff is not aware of any other alternative approaches to standard rental tenure such as co-operative housing or co -housing being pursued. Alternative tenures (such as owning shares in a building's corporation or owning a percentage of a property's title) remain an option and staff recommend that property owners seek independent legal advice to explore these further. Staff continues to be open to exploring other development approaches such as cottage courts (several small homes on a lot sharing a private road and other amenities) or land lease developments with interested applicants. These approaches may require additional Planning Act approvals (such as a Vacant Land or Common Elements Condominium) and may require special zoning consideration. Supporting the Application and Approvals Process Streamlining approvals. In addition to enabling additional units, the Enabling Four Units project also sought to streamline approvals processes. To achieve this, staff completed a LEAN review of Planning and Building application, review and inspection processes associated with additional dwelling units. This review led to refinement and enhancements of the Zoning (Occupancy) Certificate and Building Permit processes. Page 274 of 295 Lot width less than 13.1 m Lot width more than 13.1 m Total Building Permits Backyard Homes 11 (31%) 25(69%) 36 Triplexes 24(53%) 21(47%) 45 Fourplexes 8(36%) 14(64%) 22 43(42%) 60(58%) 103 To date, staff believe that most ADUs operate as rental units or may support family living arrangements. The City has not received any applications that would provide for ownership of an ADU such as a Plan of Condominium, however, there has been some interest from builders in exploring this in the future. Staff is not aware of any other alternative approaches to standard rental tenure such as co-operative housing or co -housing being pursued. Alternative tenures (such as owning shares in a building's corporation or owning a percentage of a property's title) remain an option and staff recommend that property owners seek independent legal advice to explore these further. Staff continues to be open to exploring other development approaches such as cottage courts (several small homes on a lot sharing a private road and other amenities) or land lease developments with interested applicants. These approaches may require additional Planning Act approvals (such as a Vacant Land or Common Elements Condominium) and may require special zoning consideration. Supporting the Application and Approvals Process Streamlining approvals. In addition to enabling additional units, the Enabling Four Units project also sought to streamline approvals processes. To achieve this, staff completed a LEAN review of Planning and Building application, review and inspection processes associated with additional dwelling units. This review led to refinement and enhancements of the Zoning (Occupancy) Certificate and Building Permit processes. Page 274 of 295 Awareness and education campaign. The Official Plan Policies and Zoning By-laws came into full force and effect in June 2024, and to promote uptake staff undertook a robust educational and outreach campaign in September 2024 which included: • Launch of the "Guide to Additional Dwelling Units" (Image 1) and updates to the website • Webinars and presentations to public, real estate professionals, and development industry at the Annual Building Industry Workshop (November 2024) • Social media campaign • In person outreach at Kitchener Market including pop-up consultations for those seeking to add ADUs (Image 2) • An Outdoor Projects Outreach series March to May 2025 to proactively provide information to residents interested in common outdoor construction projects including those related to adding ADUs. This included a second social media campaign, a booth the Home and Garden Show and 2 outreach events at the Kitchener Market. Image 1: Guide to Additional Dwelling Units Image 2: Enabling Four Units Consultation at the Kitchener Market Reducing the need for Minor Variances. The updated regulations also sought to reduce additional processes such as minor variance applications by increasing zoning flexibility and focussing regulations to those required to provide a safe and functional development, and to ensure new developments align with characteristics of communities. Staff have examined and compared applications for minor variances requested for proposals adding ADUs of all types, from July 1, 2023 to June 30, 2024 and from July 1, 2024 to June 30, 2025. This encompasses one full year of the new zoning and compares it to the year prior. Backyard homes and up to three units on a lot were permitted during both timeframes which allows us to consider the effectiveness of the updated regulations. The total number of minor variance applications for projects proposing ADUs was reduced from 35 applications from July 2023 — June 2024 to 26 applications from July 2024 — June 2025 (a minor variance application may include requests for relief from several regulations). The most frequently requested variances in 2023 to 2024 (prior to the new zoning) were for reduced lot width, reduced setback to parking, reduced number of required parking spaces and reduced lot area. These are shown in the Table 3 below and compare the frequency in 2023 — 2024 to 2024 — 2025. Overall, amendments to these most frequently requested variances resulted in 46 fewer variances requested (87% reduction). Page 275 of 295 Table 3. Most frequent Minor Variances requested for proposals that included ADU(s) Most frequent Variances July 2023 — June 2024 July 2024 — June 2025 % change Reduction to lot width 20 5 75% reduction Reduced setback to parking space 18 0 100% reduction Reduced number of required parking spaces 9 2 78% reduction Reduced lot area* 6 0 100% reduction Total 53 7 87% reduction *Regulation was removed entirely through Bill 23 Requests for minor variances for other regulations have not experienced substantial changes. This is appropriate and expected. The purpose of the Minor Variance process is to allow consideration of zoning variances on a case-by-case basis. Like for all development, lots with ADUs may have unique site conditions or circumstances that result in proposed development not being able to comply with regulations. Variances will continue to be required for some proposals. Staff suggest that the zoning changes in 2024 have made a meaningful difference and have reduced the number of variances routinely being requested, and which were commonly supported, to reduce the barriers to adding ADUs. Two areas where the City continues to experience requests for variances include the required 1.1 metre unobstructed walkway and maximum driveway widths. Regulations in these areas were also identified by developers who responded to the Enabling Four Units Follow -Up Survey. Additional comments and information are provided in the following section of this report. Enabling Four Units Follow -Up Survey: What We Heard In order to learn about perceptions and experiences building ADUs and living in neighbourhoods where ADUs have been added staff launched a public survey through Engage Kitchener in July 2025. The survey was promoted to webpage subscribers and through the City's social media channels and was open from July 14 to August 4. 2025. Staff received a total of 288 responses from homeowners and developers who have recently constructed or are planning to build ADUs of all types, and residents who had perspectives to share about ADUs. Key takeaways and staff responses to common themes are provided below. WHAT WE HEARD 0�. A survey for homeowner and builders constructing ADUs and residents was ', ' available on Engage Kitchener July 14 to August 4, 2025. �288 responses were received: • 38 Homeowners or Builders adding ADUs • 250 residents providing general feedback �e�,,,,,,��� A City -led Builder Workshop was held August 27, 2025 focusing on the �J� proposed Affordable Housing Community Improvement Plan and incentives for ��"� ADUs discussing the financial challenges to building ADUs. Page 276 of 295 What We Heard from Property Owners and Developers Building ADUs Staff received responses from 38 respondents identifying as homeowners or builders who have built or are planning to build ADUs. The majority of respondents indicated that comments provided relate to construction of a backyard home or a fourplex. From the follow-up survey staff learned that these types of dwellings of are often built and operated as investment properties with about half of proponents becoming first time landlords. These developments require acquisition of property and in many cases either demolition and rebuild, or a substantial renovation with possible additions. Developers comment that the process is complex, requires substantial financial investment, and often takes more time than expected to develop plans and building designs, obtain approvals and permits, and complete construction. Most projects require a Zoning Certificate and Building Permit, while about 1/3 of respondents indicated that the project would also require another approval such as a curb -cub permit or a minor variance/consent(severance) from the Committee of Adjustment. Themes Staff Comments and Next Steps The application and Staff acknowledge that infill development on existing lots can be complex, approval process is and careful consideration must be given when acquiring lands, evaluating more complex than site constraints, and designing dwellings that will fit on various sized lots. anticipated, and This includes not only the size and design of the building, but also revising plans to ensuring space for walkways, parking, landscaping, and servicing. Staff comply with acknowledge that in some instances applicants are required to revise and regulations can be resubmit site plans, obtain minor variances and/or revise building permit time consuming and drawings in order to achieve compliance with regulations and code, which delays costly. may add time and cost to projects. In an effort to help builders and homeowners understand the processes and zoning rules, a Guide to Additional Dwelling Units was launched in 2024. This guide includes an overview of processes, zoning regulations, illustrative examples, and contact information. Staff is also available to meet with applicants in advance of finalizing plans and submitting applications to review and provide early feedback on the proposal. Early consultation will also provide an opportunity to review processes, required applications and ensure that applicants are aware of expected costs and fees and timelines for review. As part of the City's ongoing digital transformation projects, the Zoning (Occupancy) Certificate will be added to the City's application web -portal which is already used for Building Permits and Business Licenses. This provides for a streamlined service -window for applicants to submit an application, make payments, receive approvals and schedule inspections. This improvement is currently scheduled for 2026. Next Steps: • Promote the `Guide to Additional Dwelling Units' and update as needed to help support applicants through the design and approvals process • Develop a `pre -submission' process for Planning and Building staff to provide early feedback on ADU projects • Add the Zoning (Occupancy) Certificate applications to the public portal Page 277 of 295 The Zoning Developers of ADUs have also inquired whether certain process steps Certificate adds such as Zoning (Occupancy) Certificates (ZCs) can be eliminated to unnecessary reduce review timelines. Zoning must be reviewed for each ADU process steps. proposal, and ZCs are a tool that verifies that a proposal will comply with zoning by-law regulations. A ZC is issued prior to issuance of the building permit and is applicable law. In the absence of Site Plan Control for developments with 10 dwelling units or less, the ZC is the most effective tool for planning to confirm zoning compliance and is required by the Zoning By-law and enabled by the Planning Act. Applicants are encouraged to apply for a ZC prior to submitting a building permit application to ensure that the proposal will comply to avoid delays through the building permit review. In the absence of a ZC a zoning compliance review would occur as part of the Building Permit review process, and review processes and fee structures would need to be amended to accommodate changes. Staff is concerned that when the zoning review occurs following submission of fully developed building permit drawings, this change may cause further delays and costs to applicants as proposals found not to comply with zoning would need to be redesigned and resubmitted. Staff do not recommend eliminating the requirement for a Zoning (Occupancy) Certificate. Zoning regulations Those developing ADUs have also commented that zoning regulations are are a barrier barrier to development. Zoning regulations apply to all development on all lots and ensure that buildings, driveways, etc., are designed in such a way that they will be functional and safe for residents and neighbours. Minimum setbacks ensure space between buildings and property lines for natural light, landscaping, access between buildings and to wall/roofs for maintenance, and ensure buildings do not obstruct visibility for vehicles exiting driveways to see oncoming traffic and pedestrians. Parking and driveway regulations balance parking desires of residents/tenants with public space in boulevards for snow storage, street trees, on -street parking, and utilities. Some additional rules were created for attached and detached ADUs, as these typically represent intensification of a lot. The regulations work to protect space between buildings, preserve landscape and amenity spaces, and provide basic regulations for parking lots to reduce nuisance and impacts on neighbours, while ensuring safety and functionality such as requiring minimum drive aisle widths for maneuverability. Two areas in particular were highlighted as being challenging to proponents as outlined and described below. In both cases staff is of the opinion that the regulations should not be changed as they are important to safe and functional sites, streets and neighbourhoods. 1.1 m unobstructed walkway: The purpose of an unobstructed walkway is to provide a well-defined and passable route to the main entrance to each unit. This is particularly important when entrances are not on a street facing fapade. Emergency services require this route to accommodate a stretcher and emergency personnel with apparatus. This walkway also provides a clear route for tenants and their visitors to find and access the unit. The walkway requirement is not unique to Kitchener and is a Page 278 of 295 standard requirement for ADUs in municipalities across the province. Requests for reduced widths or that introduce walkway encumbrances such as driveway crossings or parking space encroachments require a minor variance to ensure that Fire is satisfied that the situation remains safe, and the approval may be subject to conditions. Parking and maximum driveway width: While the City has reduced the parking requirements for ADUs, it is common for property owners to propose more than the minimum number of parking spaces. This is sometimes accompanied by a request that driveways be wider than what is permitted by the by-law. Driveway widths have been carefully calibrated in the zoning by-law based on minimum lot sizes and seek to ensure that there is sufficient space in front yards for landscaping, walkways and infiltration, and in boulevards for municipal infrastructure such as street trees, hydrants, hydro poles and transformers, as well as space for on - street parking between driveway aprons. Widened driveways reduce opportunities for infiltration of storm water, directing more to storm sewers than they were designed for and increase hard surface areas which contributes to the urban heat island effect. There may be circumstances where proposals for variances to for driveway widenings can be considered on a case-by-case basis. The Enabling Four Units zoning was designed to permit most lots to meet the minimum parking requirements without requiring special consideration. Parking beyond the minimum requirement may be provided in accordance with driveway and parking lot regulations. Illegal parking and driveway widenings are enforced through by-law enforcement. Staff do not recommend that zoning regulations be amended at this time and rather that minor zoning by-law refinements continue to be considered as part of the Annual Zoning By-law Update. The Annual Zoning By-law review provides an opportunity for refinements, clarifications, and minor adjustments to regulations and definitions as they arise. Respondents did Costs associated with developing ADUs were one of the biggest not anticipate costs concerns identified by survey respondents and at the Builder Workshop. associated with Development charges (DCs) are frequently cited as a barrier to constructing ADUs. homeowners and small developers, with some mentioning that DCs can represent more than 10% of a project's costs, and with some projects not proceeding as a result. Staff note that some DCs are exempted for second and third units, however full DCs are required for the fourth unit. This can result in an increased upfront cost to the developer or homeowner. Payments to compensate for the removal of street trees was also mentioned. Street trees and other trees in public ownership provide many benefits to a community. Through the approvals process, all efforts are made by review staff to protect and preserve street trees including solutions such as moving driveways, narrowing driveway aprons, etc. However, in certain circumstances removal of a tree cannot be avoided and in such circumstances the developer is required to provide compensation payments for the tree that is removed. Page 279 of 295 Page 280 of 295 Servicing costs were also identified as an unexpected cost. Adding dwelling units to properties may require new service connections or improvements to existing services to increase capacity. These costs are the responsibility of the proponent and are required as part of the construction process. Some applicants have indicated that construction costs are also higher for purpose-built triplexes and fourplexes as the Building Code requires non-combustible construction materials which are more expensive than materials typically used for single or semi-detached houses. This is mitigated by some developers through staging the construction, whereby they build a duplex first, and then renovate the duplex to add a third and/or fourth unit. This approach adds time and complexity to the development as permits and construction are staged. Staff recommends that if a developer plans to stage a development that they confirm that the ultimate development will comply with zoning and other regulations to ensure future compliance. Next Step: Staff is currently preparing and evaluating options for an Affordable Housing Community Improvement Plan which will include consideration of financial incentives for ADUs such as grants to assist with Development Charges. A report will be provided later in 2025 on this matter. Repeatable designs The City of Kitchener is recognized as a Local Partner with the Canada and pre-reviewed Mortgage and Housing Corporation (CMHC) promoting all 7 of their design plans will assist plans. These include options for backyard homes, duplexed singles, with streamlining semi's and townhouses, and fourplexes. A six-plex is also available, approvals however not part of the Enabling Four Units regulations. These options processes are suitable for use on many lots in Kitchener. While each design will require a zoning compliance review and a site-specific foundation, servicing and grading plans, the designs are pre-reviewed by Building and Planning staff. Homeowners and developers who are interested in building using a CMHC design are encouraged to reach out to Planning and Building staff for more information. Builders interested in pursuing other high-frequency repeated designs should contact the Building Division for more information about Certified Plans. Next Step: The City supports the use of the CMHC Housing Catalogue to help homeowners and builders advance building plan preparation and approvals that will be quicker and with reduced costs compared to starting from scratch. Becoming a About 1/3 of respondents indicated that they were becoming a landlord for Landlord the first time. Some indicated that additional support and resources would be helpful. The City has previously committed to creating and promoting educational tools for landlords and establishing a Landlord Tenant Forum through Housing for All 2.0. Next Step: Page 280 of 295 As previously committed, that through Housing for All 2.0 educational tools be developed to support landlords and that the City establish a Landlord Tenant Forum. What We Heard from Residents Staff received responses from about 250 members of the general public. About 60% of respondents live near an ADU, and 20% of respondents know someone who lives in an ADU. The majority of respondents provided comments that are specific to detached ADUs (backyard homes) or to both attached and detached ADUs. Residents indicated that they appreciate how ADUs provide more housing options, support affordability or generate income, allow families to live close together while making good use of existing land, and allow residents to age in place. Some respondents liked certain aspects of ADUs but also mentioned areas of concern. The majority of residents responding to the online survey expressed one or more concerns with ADUs. The survey did not collect personal or other identifying information that would allow a detailed geographical analysis; however, based on comments, many responses were directed specifically to one detached ADU in a newer suburban neighbourhood. In this instance, residents were surprised and concerned with the size of the detached ADU. Residents identifying themselves as living in this neighbourhood expressed concerns about ADUs being rented as short- term rentals and/or lodging houses, and expressed concerns about student rentals, and associated concerns such as noise and nuisance, property maintenance, illegal parking, etc. Many also commented that ADUs contribute to perceptions of overcrowding in some new suburban areas, with impacts to the availability of on -street parking, illegally widened driveways, absentee landlords and associated concerns of neglected property maintenance (snow removal, lawn mowing/landscaping, garbage and recycling storage). Residents also expressed concerns with increased noise and nuisance both during construction and because of increased population density. Respondents indicating that they lived in older neighbourhoods commonly cited concerns about changes to community characteristics that they value such as introduction of new architectural styles and increases to the size and density of dwellings (e.g. up to 4 households rather than just one household on a lot). Other general themes include: • perceived loss of privacy both in relation to outdoor private amenity areas and inside dwellings, due to new building being constructed near property lines. • increased demand on on-site and on -street parking • impact on property values • property maintenance concerns. Concerns by theme Comments Overcrowding Many survey respondents expressed concerns that ADUs were leading to overcrowding in neighbourhoods. ADUs are a gentle form of intensification that seeks to introduce residential units into existing neighbourhoods where there are already schools, services, parks, etc. Concerns were raised that permitting ADUs and more households in existing neighbourhoods causes overcrowding with impacts such as a loss of privacy and green space, increased noise and nuisance, and increased demand on on -street parking. Page 281 of 295 Page 282 of 295 Through the Enabling Four Units project staff carefully balanced regulations that permit an increase in density with regulations that provide for compatible built form. Zoning regulations such as lot width, work together with required setbacks, maximum building height, minimum landscape and amenity areas and driveway widths, to ensure that sites are functional and safe. The minimum lot size will allow a homeowner to legally provide the minimum required number of parking spaces, and to meet setback, coverage and other regulations. However, the size of the buildings and placement on the site must be carefully considered to comply and more modestly sized buildings may be required on smaller lots. It is also important to note that regulations may not allow all lots to be developed with up to 4 units, or all configurations of units. Some lots are not large enough for a backyard home, and others may not be suitable for a fourplex with more than the minimum number of parking spaces. Staff note that since the by-law was approved, Planning Act changes prevent a by-law from regulating lot area, floor space ratio for ADUs, or requiring more than 4 metres separation between a backyard home and principal dwelling, therefore, regulations rely on lot width, building coverage, maximum driveway sizes and maximum heights to ensure that lots are not overbuilt. Demand for parking Minimum parking requirements for ADUs were established based on where the lot is located and proximity to frequent transit and good cycling options. The intention is to allow a homeowner or developer flexibility to provide dwelling units and not provide more parking than is needed, while allowing more than the minimum number of parking spaces when they can be legally accommodated on the site. Current minimum parking rates continue to be supported by Transportation Services and Planning and must be balanced with other priorities such as space for street trees, landscaping, on -street parking etc. Some developers and homeowners wish to provide more than the minimum number of parking spaces, and this is permitted if a driveway or parking lot complies with by-law requirements. It is responsibility of the property owner or landlord to ensure that they are renting units responsibly and that tenants understand how much parking is included with the lease. Parking and other by-law violations are subject to enforcement measures including tickets and fines. On -street parking is equally available to all members of the public (owners, tenants, visitors, etc.). On -street parking regulations are enforceable under the City of Kitchener Traffic and Parking By-law and the Region of Waterloo Traffic and Parking By-law and is permitted for up to 3 consecutive hours during the day unless there is a sign posted that says otherwise. An overnight parking exemption is required in the winter. Next steps: Continue to monitor on-site parking demands. Concern that ADUs Attached and detached ADUs, including up to 4 dwelling units, are permitted are built without as -of -right by the Zoning By-law. Additional public consultation is not community required prior to a building permit being issued for an ADU, unless the proposal does not comply with zoning. Staff encourage homeowners and Page 282 of 295 consultation or knowledge builders who are adding ADUs to connect with neighbours prior to starting construction as a neighbourly courtesy. Throughout the Enabling Four Units project in 2024 the City engaged with the public and provided several opportunities for comments and input to be provided at open houses, through an Engage Page, and via social media, print media, and public meetings. Following approval of the regulations staff also promoted the new regulations and permissions to inform the public on what was permitted and to support uptake. Next Step: Continue community outreach in 2026 to promote and support the creation of ADUs and to build knowledge and understanding of ADUs within the community, through the City's website and social media channels, and targeted outreach including in person at events such as the Home Show, and at community centres or other public venues. Backyard homes are Several respondents raised concerns that backyard homes are too large too large and overlook private amenity areas of neighbouring properties. ADUs increase density and introduce new dwelling units on existing lots, which can result in changes in rear yards. Backyard homes are subject to zoning regulations for setbacks and maximum heights. The overall footprint is limited to 80 m2 and a maximum 15% lot coverage, limiting the size of the ADU relative to the size of the lot. For example, a 315 M2 lot (10.5 m x 30 m) would only permit a 47 m2 (500 ft2) backyard home and the principal dwelling would likely be limited to a having a footprint of about 124 m2 (1136 ft2). Windows and doors near property lines are regulated by the Building Code, with fewer openings permitted the closer the wall is to the property line. Most backyard homes continue to be one -storey dwellings and are generally not higher than other permitted accessory structures such as detached garages. Such units can be effectively screened with fencing and a neighbour is permitted to erect a 2.4 m (8 ft) fence should they desire, which would effectively block views should they be a concern. Backyard homes can be permitted to have a height up to 6.0 m which would permit a second storey incorporated into a roof, or a raised bungalow, however the required setback is increased, and this is only permitted on lots where the principal dwelling exceeds 9.1 m (about 30 ft which typically represents two full storeys with a peaked roof). ADUs are changing Residents raised concerns that ADUs were changing the character of the character of neighbourhoods by increasing the number of dwellings with rental tenure, neighbourhoods increasing diversity in the size of dwelling units, and introducing new architectural styles. The City promotes a broad range and mix of dwelling types and forms of tenure to meet the needs of residents. ADUs provide an opportunity to increase housing supply by gently increasing density within existing neighbourhoods and is one of many housing types that are being added to meet housing demand and unlock housing supply. ADUs are a low-rise and low-density form of housing which is compatible with other low- rise housing types including single detached dwellings, semi-detached dwellings, and townhouse dwellings. Architectural styles change over time in Page 283 of 295 What We Heard from City Divisions: Development of ADUs includes review and approvals from many different areas of the City include Planning, Building, Foresty, Utilities, Engineering, Transportation, By-law Enforcement and Fire. Staff solicited internal feedback in researching this report and regularly monitor and discuss questions and concerns as they arise with respect to regulations and processes relating to ADUs. These discussions have resulted in adjustments to processes and refinements to regulations and requirements. For example: Page 284 of 295 response to new building technologies, materials and aesthetic preferences. Neighbourhoods and homes are not static and change and adapt over time to meet the ever-changing needs of residents. Concerns that ADUs ADUs provide additional housing choices for many individuals and are used for short households living in the city including families with children, single person term and student households, students, couples, and multi -generational families. rental purposes. ADUs can be rented on a short or long-term basis. Short term rentals provide a valuable housing option for visitors to the city, as well as residents who may need shorter term housing due to work contracts, temporary displacement from another residence, those who are new to the city and seeking a permanent address, and many others. Short term rentals are not regulated within the Zoning By-law framework and Council recently decided not to license or further regulate short term rentals. Short term rental is a permitted tenure in all neighbourhoods and dwelling types including ADUs. Provision of safe and adequate student housing has been a concern of residents in neighbourhoods near college and university campuses, with particular focus on the pressure caused by unprecedentedly high levels of international student enrollment over the past 2-3 years. Recent changes to immigration policy have significantly decreased the number of international students living in Kitchener. Staff expect that this will reduce pressure on rental housing including ADUs, decreasing instances of overcrowding within individual units. Impacts to property A number of respondents commented that they fear ADUs will impact value property values. For tax purposes property value is established by the Municipal Property Assessment Corporation (MPAC) and is dependant on many factors including the size of the dwelling, number of bedrooms and bathrooms, etc. The assessed value can differ substantially from market value which is highly dependent on market conditions and preferences of purchasers. Property value is not a land use planning consideration. Property standards, Several respondents indicated that they have concerns that properties with maintenance ADUs were not well maintained (garbage not stored properly, grass not concerns, and mown, snow not shoveled, etc.), that vehicles were parking illegally, and that nuisance units generate excessive noise. Zoning regulations do not control behaviour, and such issues can arise from any type of housing. The City has a Property Standards By-law, Noise By-law and Parking By-law which are enforced by By-law Enforcement staff. Residents are encouraged to reach out to the City if they have concerns about bylaw infractions and staff can follow-up with property owner and tenants who do not comply with regulations. What We Heard from City Divisions: Development of ADUs includes review and approvals from many different areas of the City include Planning, Building, Foresty, Utilities, Engineering, Transportation, By-law Enforcement and Fire. Staff solicited internal feedback in researching this report and regularly monitor and discuss questions and concerns as they arise with respect to regulations and processes relating to ADUs. These discussions have resulted in adjustments to processes and refinements to regulations and requirements. For example: Page 284 of 295 • consideration has been given to permit minor encroachments of downspouts and utility meters into required walkways • there has been further coordination among teams to ensure consistent approaches to zoning regulations relative to driveways and walkways • definitions have been updated to clarify how grade and ground floor are calculated to allow more livable basement units, without changing maximum height regulations. • Kitchener Utilities has initiated a review of multi -metering requirements due to the increase in issues. Staff will continue to monitor processes and regulations related to ADUs and will make adjustments and improvements as warranted. Conclusions Building permit data indicates an increase in the number of lots with ADUs, including triplexes, fourplexes, and backyard homes, since enactment of zoning regulations, as well as a reduction in the number of overall projects requiring minor variances. Overall, staff is of the opinion that ADUs are a positive and meaningful contributor to the overall housing supply in Kitchener. Staff will implement the next steps outlined in this report to respond to concerns identified by the public. Future updates of the number of Building Permits issued for ADUs will be provided as part of the Annual Housing Monitoring Report. The following next steps are identified in this report and have been incorporated into existing workplans: • Build knowledge and understanding of ADUs within the community, through the City's website and social media channels, and targeted outreach including in person at events such as the Home Show, and at community centres or other public venues. • Monitor on-site parking demands. • Develop educational tools to support landlords and establish a Landlord Tenant Forum. (as future actions of Housing for All 2.0). • Consider financial incentives for ADUs through the Affordable Housing Community Improvement Plan. • Support use of the CMHC Housing Design Catalogue. • Promote the `Guide to Additional Dwelling Units'. • Develop a `pre -submission' process for Planning and Building staff to provide early feedback on ADU projects. • Add the Zoning (Occupancy) Certificate applications to the public portal in 2026. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Page 285 of 295 CONSULT — A feedback survey was launched in July 2025 on EngageKitchener to obtain input from property owners and builders who have constructed additional dwelling units, tenants of additional dwelling units and residents living in neighbourhood where additional dwelling units have been added. Staff received 288 responses to the survey which are summarized in the What We Heard Section of this report. A Builder's Workshop was held August 27, 2025 to obtain input on an Affordable Housing Community Improvement Plan. Staff gained insight into financial barriers to ADU development through this workshop. PREVIOUS REPORTS/AUTHORITIES: • DSD -2024-066 — Enabling Four Units APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Newly Created Four Unit Dwellings and Two Unit Backyard Homes Attachment B — Kitchener Additional Dwelling Units Permits Issued — Map A and Map B Page 286 of 295 Attachment A — Newly Created New Four Unit Dwellings and Two Unit Back Yard Homes 431 Krug Street — fourplex in renovated single detached dwelling 404 Forest Hill Drive — fourplex in renovated single detached dwelling Page 287 of 295 Attachment A — Newly Created New Four Unit Dwellings and Two Unit Back Yard Homes 6 Craig Drive — fourplex in renovated single detached dwelling 1 Horizon Court — fourplex in renovated single detached dwelling Page 288 of 295 Attachment A — Newly Created New Four Unit Dwellings and Two Unit Back Yard Homes 179 Belleview Avenue — purpose built fourplex (side entry townhouse, each with 2 car garage) 191 Belleview Avenue - purpose built fourplex (mirror of 179 Belleview Ave) Page 289 of 295 Attachment A — Newly Created New Four Unit Dwellings and Two Unit Back Yard Homes 60 Arlington Boulevard — purpose built fourplex 5 & 7 South Avenue - Original building permits issued for duplexes and converted to fourplexes. Page 290 of 295 Attachment A — Newly Created New Four Unit Dwellings and Two Unit Back Yard Homes 578 Guelph Street — Building Permits issued for duplex with a backyard home, however design allows for a future renovation to add a fourth unit in the principal dwelling or a second unit in the back yard home. 356 Wellington Street North - Duplexed principal dwelling and duplexed backyard home under construction (4 units total) Page 291 of 295 Attachment A — Newly Created New Four Unit Dwellings and Two Unit Back Yard Homes 303 Stonybrook Drive — Duplexed principal dwelling and duplexed backyard home (4 units total) Page 292 of 295 Attachment A — Newly Created New Four Unit Dwellings and Two Unit Back Yard Homes 2 Pipers Green Court — Duplexed principal dwelling and duplexed backyard home (4 units total) Page 293 of 295 Attachment B: Kitchener Additional Dwelling Units Permits Issued — Map A and Map B C9% E 0-11- YV Map A: Permits Issued 2019 - 2023 SIP Page 294 of 295 Permits Issued Backyard Home (4 5) uF Duplex (A00) Triplex (4) IFourpll x (5) F, 1111E n,111111 "J E 0-11- YV Map A: Permits Issued 2019 - 2023 SIP Page 294 of 295