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HomeMy WebLinkAboutCSD-15-019 - Draft Plan of Condominium - 30CDM-14207 - Blair Creek Drive/Doon South Drive - Hallman Construction Limited REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: September 21,2015 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Garett Stevenson, Planner 519-741-2200 x 7070 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: August 24, 2015 REPORT NO.: CSD-15-019 SUBJECT: DRAFT PLAN OF CONDOMINIUM 30CDM-14207 BLK 95 PLAN 58M-588 HALLMAN CONSTRUCTION LIMITED 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 2002-164 of the City of Kitchener, as amended, hereby grants draft approval to Condominium Application 30CDM-14207 for Block 95 of Plan 58M-588 in the City of Kitchener, subj *** This information is available in accessible formats upon req Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 REPORT: The owner of the subject lands, Hallman Construction Limited, is street fronting townhouse development consisting of 40 vacant la which is proposed to include a visitor parking area, related ser facilities, and a central amenity area. The vacant land units (lots) will be in individual ownership and owners will share the common element amenities. The layout of the site has been approved through Site Plan Application SP13/050/B/JM. The subject property is bordered by Wildflower Street, Netherwoo is legally addressed as Plan 58M-558 Block 95. The property is Six Zone (R-6). The proposed 40 unit street fronting townhouse dwelling development is permitted t-law 85-1. The subject development has received full Site Plan Approval and BThe proposed plan of vacant land condominium is consistent with the approved site plan. Provincial Policy Statement The Provincial Policy Statement (PPS) sets the policy foundation use of land. The PPS promotes building healthy, liveable and saf development of lands and provision of a range of housing types a development is consistent with the PPS. Growth Plan for the Greater Golden Horseshoe 2006 (updated 2014) Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes devel complete communities, creates street configurations that support viability of transit services and which creates high quality pub that the proposal complies with the policies of the Growth Plan. Regional Official Policies Plan (ROPP) & Regional Official Plan The ROPP identifies the subject lands as within the City Urban A appeal, also identifies the subject properties as within the Bui ROP, land use policies support and promote a full range of housi and land use patterns that support alternative modes of transpor cycling. Official Plan The subject property is designated as Low Rise Residential Low Rise Residential designation recognizes the existing scale of residential develo a variety of low density residential uses. Low Rise Residential housing types and favours the mixing and integration of differen overall intensity of use. New Official Plan The new Official Plan for the City of Kitchener was adopted by K 2014 which was approved by the Region of Waterloo on November 19 under appeal. 2 - 2 The subject properties are also designated as Low Rise Residenti also permits the mixing of residential housing types and favours different forms of housing to achieve a low overall intensity of Zoning By-law 85-1 Section 5.21A of the Zoning By-law permits street townhouse dwel condominium that have direct access to an internal private drive element in a registered condominium connecting to a public stree lot line for each unit in a vacant land condominium to be that l portion of the common element. In this case, the vacant units w Netherwood Road, and Blair Creek Drive. This is a unique zoning the vacant land condominium language in the Zoning By-law. The common element area is located internal to the site and is positioned at the rear of the units. Adjustment approved a minor variance application to permit the vacant land condomini front onto a public street, rather than a private road. Agency and Department Circulation The subject applications were circulated to all required agencie 10, 2014. The comments received have either been addressed or in approval as recommended in the report. Copies of all comments are ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN (2015-2018): delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications to the City. COMMUNITY ENGAGEMENT: INFORM - In accordance with Ontario Regulation 544/06 a newspape Record on August 28, 2015 advising of the public meeting considering this application. The advertisement will include details of the Sept CONCLUSION: The recommendations contained within this report will permit the street fronting townhouse dwelling units. The proposed developme Regional, and City plans, is compatible with surrounding land us As such, staff recommend that draft plan of condominium 30CDM-14207, be approved subject to the conditions outlined in this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY:Michael May, Deputy CAO Community Services Department Draft Approval Conditions and Proposed Draft Plan of Condominiu B Approved Site Plan SP13/050/B/JM Newspaper Notice Appendi Department and Agency Comments 2 - 3 CSD-15-019 DRAFT PLAN OF CONDOMINIUM 30CDM-14207 BLK 95 PLAN 58M-588 HALLMAN CONSTRUCTION LIMITED RECOMMENDED CONDITIONS OF DRAFT APPROVAL That the City of Kitchener, pursuant to Section 51(31) of the Pl amended, and By-law 2002-164 as amended, of the City of Kitchene to Condominium Application 30CDM-14207 for Block 95 of Plan 58M- subject to the following conditions: 1. That this approval applies to Draft Condominium 30CDM-14207 for Hallman Construction Limited, prepared by MHBC, dated August 5, 2014, proposing a vacant land plan of condominium for 1.050 hectares of land comprised of 40 vacant units and a common element area. 2. That the final plan shall be prepared in general accordance copy of the final plan being approved 3. of Development Review, containing the following provisions (or s by the City): i. That common element walkways and sidewalks, driveway, and parki maintained in a snow free condition and void of any obstruction year. ii. That the Condominium Corporation agrees to maintain the common compliance with the site plan (file: SP13/050/B/JM) of Site Development and Customer Service, for the life of the de iii. That the Condominium Corporation agrees to maintain 11 visitor parking spaces on site, for the life of the development. iv. That the common elements may be subject to water, stormwater, an easement agreement(s) with utility suppliers, the Region of Wate of Kitchener for access and/or maintenance purposes. v. That home mail delivery will be from a designated Community Mai within the common element portion of the plan. vi. That a private contractor will pick up and dispose of all re material from the common element portion of the plan. vii. That a City-maintained contingency infiltration gallery is common element. An easement necessary to ensure the implementati and maintenance of the contingency infiltration gallery have bee of the City of Kitchener (Part 1 of 58R-18176 Condominium Corporation shall maintain the easement for the life development. 2 - 4 viii. That Servicing, including the Condominium Corporation-mai gallery, are located on lands within the common element and with boundaries. This infrastructure shall be maintained by the Cond for the life of the development. ix. That due to the existence of shallow insulated storm water i infiltration galleries located within the common element and wit any fencing along the rear of the condominium unit boundaries ma accordance with the approved landscape plan(s) only. The type o placement and installation shall be consistent with the approved No front yard or side yard fencing shall be permitted. x. That due to the existence of shallow insulated storm water i infiltration galleries located within the common element and wit no structure or building, or any object that requiring any footi within any unit or the common element, save and expect for any b features and plantings, and parking areas shown on the approved landscape plan(s). xi. That the Condominium Corporation is bound to implement the re Consultants and dated March 5, 2014. 4. That the Owner submit a draft of the executed declaration, w 5. That satisfactory arrangements be made with the City of Kitc outstanding Municipal property taxes, utility accounts, and/or l 6. That the Owner shall make arrangements for the granting of any e municipal services. The owner agrees to comply with the following easement procedure: i. to provide reference plan(s) showing the easements to Hydro, co of Development Review; ii. to ensure that there are no conflicts between the desired location Engineering Services for municipal services; iii. to ensure that there are no conflicts between utility or m locations and any approved Tree Preservation/Enhancement Plan; iv. if utility easement locations are proposed within lands to b owned by the City, the owner shall obtain prior written approval Manager of Development Review Manager of Community Services; and v. of Hydro and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, easements are required. 2 - 5 7. That the Owner construct, designate, and sign a minimum of 11 p Parking". 8. That the final plans for registration are in compliance with thsite plan (file: SP13/050/B/JM). 9. That the Owner confirms that sufficient wire-line communication infrastructure is currently available within the proposed develo communication/telecommunication service to the proposed developm of Bell Canada or other communication/telecommunication company. 10. That the Owner make satisfactory arrangements with Canada Post delivery via a designated Centralized Mail Box including a suitabl site, installing the concrete pad(s) and advising prospective pu and sale agreements that mail service if from a centralized faci 11. That the owner shall submit to the City of Kitchener a Letter(s of the remaining cost of all outstanding and/or uncertified site i. The Letter(s) of Credit shall be kept in force until the com the required site development works in conformity with their app Letter(s) of Credit is about to expire without renewal thereof a not been complete and certified in conformity with the approved de draw all of the funds so secured and hold them as security to gu and/or certification, unless the City Solicitor is provide with of Credit forthwith. ii. In the event that the Owner fails to complete the required ors may enter on the lands and so complete and/or certify the required site development wor the monies received under the Letter(s) of Credit. The cost of works shall be deducted from the monies obtained from the Letter event that there are required site development works remaining t City may by By- have such works completed and to recover expense incurred in doi manner as municipal taxes. iii. Other forms of performance security may be substituted for the request of the Owner, provided that the approval is obtained Treasurer and City Solicitor. 12. That the project surveyors have provided their unqualified cert description for the proposed Common Elements Condominium have be Registry Office and all signatures and certification required to been included thereon, other than on the behalf of the City of K 13. That the project solicitors have provided their unqualified cer declaration for the proposed Common Elements Condominium have bee Registry Office and all signatures and certification required to been included thereon, other than on the behalf of the City of K 2 - 6 14. That the Owner enters into an agreement with the City of Kitche provisions: i. The Owner agrees that prior to occupancy of each street frontin (each vacant land unit), the City of Kitchener is provided with Ontario Land Surveyor confirming that the constructed foundation street-fronting townhouse dwelling has been constructed dividing unit from another within the confines of the building envelop li party wall foundation wall so as to ensure that no part of any p unit lies beyond a party wall foundation wall, to the satisfacti Kitchener. ii. The Owner agrees to include a statement in all Offers and/or Pu Agreements for all units a statement that advises of the infiltr catchbasin, and overflow path requirements and the requirements facilities. Offers and/or Purchase and Sale Agreements with buil the builders to notify purchasers of the exact location, size an Director of Engineering Services. iii. That the Owner agrees to include the following statement in Purchase and Sale Agreement for Unit 30: may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment. This dwelling unit has been designed with the provision for adding air occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment and Climate iv. That the Owner agrees to include the following statement in Purchase and Sale Agreement for Units 25 to 29 and 31 to 40 (inc medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits v. That the residential dwellings constructed on Units 25 to 40 (inclusive) will be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning sys The location and installation of the outdoor air controlling dev as to comply with noise criteria of MOE Publication NPC 216, Res Conditioning Devices and thus minimize the noise impacts both on immediate vicinity of the subject property. 15. Infiltration galleries and storm water management servicing inf been constructed on units not within the common element. The Ow 2 - 7 registration, easements necessary to ensure the implementation, maintenance of the infiltration galleries and storm water manage f such easement must - maintained infiltration gallery and the storm water management s be maintained by the Condominium Corporation as a whole, and not owner which may own a portion of the land in which the infiltrat management servicing infrastructure is located. Regional Municipality of Waterloo Conditions: 16. That the Owner make provision in the Condominium Declaration for accepted Salt Management Plan entitled, , to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 17. That the Owner provides the Regional Municipality of Waterloo w Condominium Declaration for registration. 18. That the Owner obtains approval of the final draft agreement wi the Regional Municipality of Waterloo to implement the recommend noise study outlined in Condition 14 above. CLEARANCES: 1. Development Review, the Owner shall submit a detailed written submission outlining and d 3 through 15 inclusive have been met. The submission shall inclu statement detailing how each condition has been satisfied. 2. City of Kitchener is to be advised by the Regional Commissioner Development and Legislative Services that Conditions 3 and 16 to 18 (inclusive) have been carried out to the satisfaction of the Regional Municipality of Waterloo. The c Region shall include a brief but complete statement detailing ho satisfied. 3. That prior to the signing of the final p Owner obtains approval of a minor variance application to permit condominium units to front onto a public street, rather than a p NOTES: 1. The owner is advised that the provisions of the Development Cha Kitchener and Development Charge By-law 04-049 of the Regional M are applicable. 2. The condominium plan for Registration must be in conformity wit6 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 - 8 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 number. 5. The owner is advised that the Regional Municipality of Waterloo pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13 for application, recirculation, draft approval, modification to release of plans of condominium. 6. This draft plan application was received on October 17, 2014 an November 10, 2014 and shall be processed and finally disposed of R.S.O. 1990, c. P.13, as amended by S.O. 2006, c.23 (Bill 51). 7. To ensure that a Regional Release is issued by the Regional Com 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 paional conditions have been satisfied and the required clearance letters, agreemen registered, and any other required information or approvals have Regional Planner responsible for the file, no later than December 15th. Regional staff cannot ensure that a Regional Release would be issued prior to y has failed to submit the appropriate documentation by this date. 9. When the survey has been completed and the final plan prepared of the Registry Act, they should be forwarded to the City of Kit with the terms of the approval, and the City has received assura Municipality of Waterloo and applicable clearance agencies that plan and it will be forwarded to the Registry Office for registr The following is required for registration and under The Regist Two (2) original mylar Five (5) white paper prints One (1) digital copy 2 - 9 CSD-15-019 Appendix A north 2 - 10 CSD-15-019 Appendix B 2 - 11 CSD-15-019 Appendix C Advertised in The Record August 28, 2015 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED VACANT LAND CONDOMINIUM UNDER SECTION 51 OF THE PLANNING ACT Netherwood Road (Block 95 Plan 58M-588) The City of Kitchener has received a vacant land condominium app40 street fronting townhouse dwelling units. The common element is proposed to inca visitor parking area, related servicing, storm water management facilities and a central amenity area. Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, SEPTEMBER 21, 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 or in opposition to, the above noted proposal. at this public meeting or make a written submission prior to approval/refusal of these proposals, 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 contained in the agenda (posted 10 days before the meeting at ww Calendar of Events and select the appropriate committee), or in Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Garett Stevenson, Planner - 519-741-2200 ext. 7070 (TTY: 1-866-969-9994); garett.stevenson@kitchener.ca 2 - 12 CSD-15-019 Appendix D 2 - 13 CSD-15-019 Appendix D 2 - 14 CSD-15-019 Appendix D 2 - 15 CSD-15-019 Appendix D 2 - 16 CSD-15-019 Appendix D 2 - 17