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HomeMy WebLinkAboutCSD-14-115 - Plan of Common Element Condominium-30CDM-14203 - 1 Adam Street - Losani Homes REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: December 8, 2014 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Della Ross, Manager, Development Review 519-741-2200 ext. 7327 Mat Vaughan, Planning Technician WARDINVOLVED: Ward 10 DATE OF REPORT: November 18, 2014 REPORT NO.: CSD-14-115 SUBJECT: PLAN OF CONDOMINIUM (COMMON ELEMENTS) 30CDM-14203 LOSANI HOMES 1 ADAM STREET (VICTORIA COMMON) BLOCK 2 Figure 1: Location map RECOMMENDATION: A. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990 c.P.13, as amended, and By-law 2002-64 as amended, of the City of Kitchener, hereby grants draft approval to Common Elements Condominium Application 30CDM-14203 for 1 Adam Street (Victoria Common) Block 2 in the City of Kitchener, subject to the following conditions shown in Appendix A. 2 - 1 REPORT : The Planning Division received an application for a common elements plan of condominium comprised of private roads, landscaped areas, and visitor parking spaces. The subject site i located at 1 Adam Street shown on Figure 1. The approval is for the common elements only. The owner of the , is proposing to develop freehold townhouse units, all of which wbe tied to the common elements created through this application. The proposed townhouse development, including location and number of units, conforms to the zoning and has alr approval. The layout and type of units are not being considered as part of The subject application is necessary to create the condominium ownership (tenure) of the shared common elements, which will be tied to the future freehol subsequent part lot control application. Prior to registration o development may proceed as a cluster townhouse project with rent The Planning Act typically does not require a statutory public m approvals, but it is a requirement for common elements condomini public is made aware that roads etc. will be privately owned and concerns with connection of the common element to municipal infr neighbourhood circulation identified no concerns in this regard. Policy Conformity Provincial Policy Statement The Provincial Policy Statement (PPS) sets the policy foundation and use of land. The PPS promotes building healthy, liveable and efficient development of lands and provision of a range of housi proposed development is consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are 2006 Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development t complete communities, creates street configurations that support viability of transit services and which creates high quality pub complies with the policies of the Growth Plan. Regional Official Policies Plan The subject lands are within the City Urban Area as established Plan. The proposal, subject to the recommended conditions, satis Agency and Department Circulation The subject application was circulated to all required agencies and city departments on Aug 15, 2014. The comments received (Appendix D) have either been coor included as conditions of draft approval. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will ali Plan. It ensures the implementation of the Development community priority with comprehensive redevelopment that is consistent with Provincial, Regional and C 2 - 2 FINANCIAL IMPLICATIONS: There are no financial implications to the City. COMMUNITY ENGAGEMENT: Inform - Notice of the application was circulated to neighbourin metres of the subject property on August 17, 2014. As a result of the circulation, staff received a response from one (1) property owner (Appendix C). The response related to the approved site plan and not this condominium application. The property owner questioned whether there would be a buffer and fencing between his property and this development. taff contacted the property owner and confirmed there is a setback and fence provided as part of the approved site plan. Inform - A newspaper notice was published in the Record newspape advising the date of the public meeting to be held at the Planni Committee Meeting on December 8, 2014. A copy of the advertiseme B CONCLUSION: The recommendations contained within this report will create com landscaping, and parking) that will later be tied to (shared beteen) freehold townhomes. The proposed development conforms to and has already been approved under the Official Plan, Zoning By-law and Provincial Plans, is compatible with surrounding land uses and represents good planning. As such, staff recommend that draft pCDM- 14203, for 1 Adam Street (Victoria Common) Block 2, be approved subject outlined in this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Proposed Draft Plan of Condominium 30CDM-14203 and Conditions Newspaper Advertisement C Response from Property Owner Department and Agency Comments 2 - 3 Appendix A RE:Draft Approval of Common Element Condominium Application 30CDM-14203 1 Adam Street (Victoria Common) Block 2 Losani Homes 1. That this approval applies to Draft Condominium 30CDM-14203 for prepared by ACI Survey Consultants, dated March 31, 2014, and as attached Plan of Condominium prepared by the City of Kitchener, 2014 proposing a common element plan of condominium comprised of roads, amenity area, landscaped areas, and visitor parking space 2. That the final plan shall be prepared in general accordance Review. 3. That the own Manager of Development Review, containing the following provisio i) That common element walkways, sidewalk, driveways and parking a maintained in a snow free condition and void of any obstruction year. ii) That the Condominium Corporation agrees to maintain the common Development and Customer Service, for the life of the developmen common elements. iii) That the common elements may be subject to water, stormwater an easement agreement with utility suppliers and the City of Kitche and/or maintenance purposes. iv) That home mail delivery will be from a designated Community within the common element portion of the plan. v) That a private contractor will pick up and dispose of all recyc waste material from the common element portion of the plan. 4. That the Owner submit a draft of the executed declaration, w Review. 2 - 4 Appendix A 5. That satisfactory arrangements be made with the City of Kitc any outstanding Municipal property taxes, utility accounts, and/ charges. 6. That the owner shall submit to the City of Kitchener a Letter(s percent of the remaining cost of all outstanding and/or uncertif works t i) The Letter(s) of Credit shall be kept in force until the com of the required site development works in conformity with their If a Letter(s) of Credit is about to expire without renewal ther works have not been complete and certified in conformity with th design, the City may draw all of the funds so secured and hold t to guarantee completion and/or certification, unless the City So with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required it is enter on the lands and so complete and/or certify the required s works to the extent of the monies received under the Letter(s) o of completion of such works shall be deducted from the monies ob Letter(s) of Credit. In the event that there are required site remaining to be completed, the City may by By-law exercise its a Section 326 of the Municipal Act to have such works completed an expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for at the request of the Owner, provided that the approval is obtai Treasurer and City Solicitor. 7. That the Owner confirms that sufficient wire-line communication infrastructure is currently available within the proposed develo communication/telecommunication service to the proposed developm satisfaction of Bell Canada or other communication/telecommunica 8. That the project surveyors have provided their unqualified cert declaration for the proposed Common Elements Condominium have be the Registry Office and all signatures and certification require have been included thereon, other than on the behalf of the City 9. That the project solicitors has provided their unqualified cert declaration for the proposed Common Elements Condominium have the Registry Office and all signatures and certification require have been included thereon, other than on the behalf of the City 10. That the Owner shall provide proof of the creation of easements landowners in respect to applicable lot level stormwater infrast b Director of Engineering Services prior to the registration of th 2 - 5 Appendix A 11. That an irrevocable undertaking irrevocably authorized by the p declaration and description plans for the proposed Plan of Condo i) Signing of the description plan approval or exemption plans by the City of Kitchener and that the proposed Declarant u City of Kitchener that there shall be no conveyance of Parcels o such time as the Plan of Condominium description and declaration registered on title. Regional Municipality of Waterloo Conditions: 12. That the condominium agreement (if necessary) be registered against the land to which it applies and a copy of the registere to the Commissioner of Planning, Housing and Community Services Municipality of Waterloo prior to final approval of the condomin 13. That the Condominium Declaration be forwarded to the Commiss Housing and Community Services for the Regional Municipality of approval of the condominium plan; and, 14. That the Developer agrees to stage development of this condo satisfactory to the Commissioner of Planning, Housing and Commun City of Kitchener, including any easements or other requirements CLEARANCES: 1. the Owner shall submit a detailed written submission outlining a conditions 3 through 11 inclusive have been met. The submission but complete statement detailing how each condition has been sat 2. the City of Kitchener is to be advised by the Regional Commissio Housing and Community Services that Conditions 12 to 14 (inclusi out to the satisfaction of the Regional Municipality of Waterloo the Region shall include a brief but complete statement detailin been satisfied. NOTES: 1. The owner is advised that the provisions of the Development Cha of Kitchener and Development Charge By-law 04-049 of the Regiona Waterloo are applicable. 2. The condominium plan for Registration must be in conformity wit 43/96 as amended, under the Registry Act. 3. Draft approval will be reviewed by the Manager of Development Review from time to time to determine whether draft approval should be maintained. 2 - 6 Appendix A 4. It is the responsibility of the owner of this draft plan to adv Waterloo Planning, Housing and Community Services and the City of Kitche Community Services Department of any changes in ownership, agent phone number. 5. The owner is advised that the Regional Municipality of Waterloo 080, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. tariff of fees for application, recirculation, draft approval, m and registration release of plans of condominium. 6. This draft plan application was received on July 29, 2014 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13 2006, c.23 (Bill 51). 7. Housing and Community Services to the City of Kitchener prior to responsibility of the owner to ensure that all fees have been pa conditions have been satisfied and the required clearance letter plan to be registered, and any other required information or app deposited with the Regional Planner responsible for the file, no 15th. Regional staff cannot ensure that a Regional Release woul year end where the owner has failed to submit the appropriate do date. 8. When the survey has been completed and the final plan prepare requirements of the Registry Act, they should be forwarded to th the plans comply with the terms of the approval, and the City ha from the Regional Municipality of Waterloo and applicable cleara signature will be endorsed on the plan and it will be forwarded registration. The following is required for registration and under The Regist Two (2) original mylar Five (5) white paper prints One (1) digital copy 2 - 7 2 - 8 Appendix B PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED DRAFT PLAN OF COMMON ELEMENT CONDOMINIUM UNDER THE SECTION 51 OF THE PLANNING ACT 1 ADAM STREET (VICTORIA COMMONS) The City of Kitchener has received an application for a common e amenity area, landscaped areas and visitor parking spaces. The l zoning by law. The layout of the site has been approved through townhouse units which will be tied to the common element. Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: TH MONDAY, December 8, 2014 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or If a person or public body does not make oral submissions at this public opposition to, the above noted proposal. meeting or make a written submission prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewin agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the th appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Della Ross, Manager of Development Review - 519-741-2200 x 7327 1-866-969-9994), della.ross@kitchener.ca 2 - 9 2 - 10 2 - 11 2 - 12 2 - 13 2 - 14 2 - 15 2 - 16 2 - 17 2 - 18 2 - 19