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HomeMy WebLinkAboutCSD-16-001 - Draft Plan of Condominium - 460 Belmont Avenue West REPORT TO: City Council DATE OF MEETING: January 25,2016 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Craig Dumart, Planning Technician 519-741-2200 x 7073 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: November 18,2015 REPORT NO.: CSD-16-001 SUBJECT: DRAFT PLAN OF CONDOMINIUM (Vacant Land) 30CDM-15209 460 Belmont Avenue West 460Belmont Ave Inc. 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-15209 for 460 Belmont Ave West 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. 6. - 1 REPORT: The owner of the subject lands, 460 Belmont Ave Inc, is proposin which will consist of three units and a common element area. Uni residential building and immediately adjacent lands. Unit 2 will building, surface parking and an underground and above grade par Unit 3 will contain a multi-unit residential building and surface parking. Internal and landscaped areas will make up the common elements. 460 Belm plan approval (SP14/013/B/ATP) and is currently under constructi The subject property is located near the intersection of Gave Av property is designated Mixed Use Corridor Medium Intensity Mixed used Corridor Zone MU-2 with Special Regulation Provision 576R. The residential development consisting of three multiple dwelling bu units is -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. The purpose of the appli units 1, 2 and 3 as shown on the Plan of Vacant Land Condominium rental to ownership and to establish shared and common elements. 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 subject properties as within the Built-Up Area. In both the ROP support and promote a full range of housing types, mixed use dev that support alternative modes of transportation including trans Official Plan The subject property is designated as Mixed Use Corridor Lands located within the Mixed Use Corridor designation in the Officia time with a balanced distribution of commercial, multiple reside developments are envisioned to be compatible with surrounding re proposing appropriate height and density in relation to adjacent As such, new developments may be required to orient building mas rise residential developments and provide pedestrian connections 6. - 2 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. The subject properties are designated as Mixed Use in the new Official Plan which also requires built form and building design to be compatible with surrounding low rise neighbourhoods and are pedestrian-oriented. Agency and Department Circulation The subject applications were circulated to all required agencie, 2015. The comments received have either been addressed or included 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 December 18, 2015 advising of the public meeting considering th condominium application. The advertisement will include details of the January 25, 2015 City Council CONCLUSION: The recommendations contained within this report will permit the three multiple dwelling buildings. The proposed development conforms to Provincial, Regional, and City plans, is compatible with surrounding land uses, and represents good planning. As such, staff recommend that draft plan of condominium 30CDM-15209, 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 Newspaper Notice Appendi Department and Agency Comments 6. - 3 CSD-16-001 DRAFT PLAN OF CONDOMINIUM 30CDM-15209 460 Belmont Ave West 460 Belmont Ave Inc. 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-15209 for 460 Belmont Ave West subject to the following conditions: 1. That this approval applies to Draft Condominium 30CDM-15209 owned by 460 Belmont Ave Inc, prepared by MHBC, dated April 24, 2015, proposing a vacant land plan of condominium for 2.01 hectares of land comprised of 3 units and a common element area. Unit 1: One (1) multi-unit residential building currently under construc Unit 2: One (1) multi-unit residential building, surface parking and an grade parking structure. Unit 3: One (1) multi-unit residential building and surface parking. Co mmon Element Area: Internal drive aisles, surface parking, walkways, and landscape areas. 2. That the final plan shall be prepared in general accordance 3. Manager of Development Review and Regional Municipality Commissioner of Planning, Development and Legislative Services. The said Declaration shall contain: i) provisions Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements limited to, access lanes, sanitary, storm and water services, an areas, if any. In addition, the Declaration shall contain specific provisions ii) That the parking or storage of derelict vehicles or recreationa lands is prohibited. iii) That common element walkways and sidewalks, driveway, and parking area be maintained in a snow free condition and void of any obstruction year. iv) That the Condominium Corporation agrees to maintain the common e compliance with the site plan (file: SP14/013/B/ATP) of Site Development and Customer Service, for the life of the de 6. - 4 v) That the Condominium Corporation agrees to maintain 83 visitor parking spaces on site, for the life of the development. vi) That the common elements may be subject to water, stormwater, and sanitary easement agreement(s) with utility suppliers, the Region of Wate of Kitchener for access and/or maintenance purposes. vii) That home mail delivery will be from a designated Community Mail Box located within each building. viii) That a private contractor will pick up and dispose of all recycl material from the common element portion of the plan. ix) That the Condominium Corporation and Unit Owners, would at t obligated to implement and maintain the approved Salt Management winter snow and ice clearing. 4. That the Owner submit a draft of the executed declaration, w condition 3 hereof, for approval b 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 easements for utilitie municipal services. The owner agrees to comply with the followin i. to provide reference plan(s) showing the easements to Hydro, co telecommunication c of Development Review; ii. to ensure that there are no conflicts between the desired locat 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 Manager of Development Review Manager of Community Services; and v. Development Review a clearance letter from each 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. 7. That the Owner designates and signs a minimum of 83 parking spa 8. That the final plans for registration are in compliance with thsite plan (file: SP14/013/B/ATP). 6. - 5 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 suita site and advising prospective purchasers through purchase and sa service if from a centralized facility. 11. That the Owner shall submit to the City of Kitchener a Letter(s) of C of the remaining cost of all outstanding and/or uncertified sitement works as may be identified through the Site Plan (SP14/013/B/ATP Manager of Development Review. i) The Letter(s) of Credit shall be kept in force until t required site development works in conformity with their approve Letter(s) of Credit is about to expire without renewal thereof a been completed and certified in conformity with the approved des draw all of the funds so secured and hold them as security to gu and/or certification, unless the City Solicitor is provided with of Credit forthwith. ii) In the event that the Owner fails to complete the required site the owner that the City, its employees, agents or contractors ma and so complete and/or certify the required site development works the monies received under the Letter(s) of Credit. The cost of c works shall be deducted from the monies obtained from the Letter event that there are required site development works remaining to be c City may by by-law exercise its authority under Section 326 of the Municipal Ac have such works completed and to recover the expense incurred in manner as municipal taxes. iii) Other forms of performance security may be substituted for a Let the request of the owner, provided that approval is obtained fro and City Solicitor. 12. That prior to final approval, the Developer will enter into a r of Kitchener to include provision for air conditioning and the f all agreements of purchase and sale and/or rental agreements: B be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. (Note: the location and installation of the outdoor air controlling device should be done so as to comply with noise criteria of the Ministry of the Environment and Climate Change Publication NPC 216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject properties Belmont Avenue West may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of Environment and Climate Change. This dwelling unit has been designed with 6. - 6 condition by the occupant in low and medium density developments will allow window and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of Environment and Climate 13. That the Developer agrees to stage development of this condomin satisfactory to the Commissioner of Planning, Development and Le City of Kitchener, including any easements or other requirements 14. That the development agreement (if necessary) be registered by against the land to which it applies and a copy of the registere the Commissioner of Planning, Development and Legislative Servic Municipality of Waterloo prior to final approval of the condomin 15. That the Condominium Declaration be forwarded to the Commissio Development and Legislative Services for the Regional Municipalil approval of the condominium plan; 16. That prior to final approval, the Developer will prepare a Sal satisfaction of the Regional Commissioner of Planning, Developme Services; 17. That prior to final approval, the Developer will prepare and s Regional Commissioner of Planning, Development and Legislative S environmental noise study for stationary noise, and, 18. That prior to final approval, the Developer, if required based noted noise study, will enter into a registered agreement with t implement the final findings and recommendations of the noise st CLEARANCES: 1. That prior to the signing of the f Owner shall submit a detailed written submission outlining and d 3 through 12 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 13 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. 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 wit as amended, under the Registry Act. 6. - 7 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, 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 September 24, 2015 and deemed complete on October 1, 2015 and shall be processed and finally disposed of u 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 paid, that all Regional 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. 8. 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 6. - 8 6. - 9 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 460 Belmont Ave West The City of Kitchener has received a vacant land condominium appof three units and a common element area. Unit 1 will contain a multi-unit residential building and immediately adjacent lands. Unit 2 will contain a multi-unit residential building, surface parking and an underground and above grade parking . Unit 3 will contain a multi-unit residential building and surface parking. Internal drive ai structure parking, walkways, and landscaped areas will make up the common elements City Council The public meeting will be held by on: MONDAY, JANUARY 25, 2016 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 Craig Dumart ,Planning Technician - 519-741-2200 ext. 7073 (TTY:1-866-969-9994) , craig.dumart@kitchener.ca 6. - 10 6. - 11 6. - 12 6. - 13 6. - 14 6. - 15 6. - 16