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HomeMy WebLinkAboutCSD-15-069 - Plan of Condominium - 1 Adam Street (Victoria Common - Block 3) REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: August 31, 2015 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Alexandra Pires, Planner, 519-741-2200 ext. 7071 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 29, 2015 REPORT NO.: CSD-15-069 SUBJECT: PLAN OF CONDOMINIUM 30CDM-15204 LOSANI HOMES 1 ADAM STREET (VICTORIA COMMON) BLOCK 3 ________________________________________________________________ Figure 1: Location Map RECOMMENDATION: That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990 c.P.13, as amended, and By-law 2002-64 as amended, hereby grants draft approval to Common Elements Condominium Application 30CDM-15204 for 1 Adam Street (Victoria Common) Block 3 in the City of Kitchener, subject to the following conditions shown in Appendix A. *** This information is available in accessible formats upon req Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3 - 1 REPORT: The Planning Division received an application for a common eleme comprised of private roads, landscaped areas, and visitor parkin located at 1 Adam Street. This approval is for the common elements only. The owner of the is proposing to develop freehold townhouse units, all of which w elements created through this application. The proposed townhous location and number of units, conforms to the zoning and has alr approval. The layout and type of units are not being considered The subject application is necessary to create the condominium o 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 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 2015. The comments received (Appendix C) have either been considered conditions of draft approval. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposal supports development of our community and will alig Plan. It ensures the implementation of the Development community redevelopment that is consistent with Provincial, Regional and C 3 - 2 FINANCIAL IMPLICATIONS: There are no financial implications to the City. COMMUNITY ENGAGEMENT: Inform A newspaper notice was published in the Record newspaper on Aug advising the date of the public meeting to be held at the Planni Committee Meeting on August 31, 2015. A copy of the advertisemen Community notification of the development was conducted through Plan of Subdivision approval process. CONCLUSION: The recommendation contained in this report will create common e and parking) that will later be tied to (shared between) freehol By-law and Provincial Plans, is compatible with surrounding land u planning. As such, staff recommend that Draft Plan of Condominiu Street (Victoria Common) Block 3, be approved subject to the con REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Alain Pinard, Acting Deputy CAO (Community Services) Draft Approval Condition and Proposed Draft Plan of Condominium Newspaper Advertisement C Department and Agency Comments 3 - 3 CSD-15-069 Appendix A RE:Draft Approval of Common Element Condominium Application 30CDM-15204 1 Adam Street (Victoria Common) Block 3 Losani Homes 1. That this approval applies to Draft Condominium 30CDM-15204 for Losani Homes, prepared by ACI Survey Consultants, dated December 9, 2014, and attached Plan of Condominium prepared by the City of Kitchener, proposing a common element plan of condominium comprised of priv area, landscaped areas, and visitor parking spaces. 2. That the final plan shall be prepared in general accordance Review. 3. That the owner su 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. 3 - 4 CSD-15-069 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 to the s 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 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 b 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 3 - 5 CSD-15-069 Appendix A block, as per the approved engineer Director of Engineering Services prior to the registration of th 11. That an irrevocable undertaking irrevocably authorized by the p been obtained from the propose declaration and description plans for the proposed Plan of Condo i) Signing of the description plan approval or exemption b 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. 12. That the owner ensures that the appropriate access easement Waterloo Common Elements Condominium Plan No. 593 in favour of t Condominium Corporation that will be established on the subject Regional Municipality of Waterloo Conditions: 13. 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, Development and Legislative Services for the Regional Municipality of Waterloo prior to final approval of the c 14. That the Condominium Declaration be forwarded to the Commission Development and Legislative Services for the Regional Municipality of Waterloo p final approval of the condominium plan. 15. That the Developer agrees to stage development of this condo satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirem staging. CLEARANCES: 1. the Owner shall submit a detailed written submission outlining a conditions 3 through 12 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 Commissioner of Pl and Legislative Service that Conditions 13 to 15 (inclusive) hav satisfaction of the Regional Municipality of Waterloo. The clear Region shall include a brief but complete statement detailing ho been satisfied. NOTES: 1. The owner is advised that the provisions of the Development Cha of Kitchener and Regional Municipality of Waterloo are applicabl 3 - 6 CSD-15-069 Appendix A 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. 4. It is the responsibility of the owner of this draft plan to adv Waterloo Planning, Development and Legislative Service and the City of K 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 May 11, 2015 and sh finally disposed of under the Planning Act, R.S.O. 1990, c. P.13 2006, c.23 (Bill 51). 7. To ensure that a Regional Release is issued by the 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 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 3 - 7 3 - 8 CSD-15-069 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) Blocks 3 and 5 The City of Kitchener has received applications for two common e, amenity areas, landscaped areas and visitor parking spaces. The e zoning by law. The layout of both sites has been approved through the site plan approval process townhouse units which will be tied to the proposed common elemen Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, August 31, 2015 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). Alexandra Pires, Planner - 519-741-2200 x 7071 (TTY: 1-866-969-9994), alexandra.pires@kitchener.ca 3 - 9 CSD-15-069 Appendix C 3 - 10 CSD-15-069 Appendix C 3 - 11 CSD-15-069 Appendix C 3 - 12 CSD-15-069 Appendix C 3 - 13