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HomeMy WebLinkAboutCSD-17-075 - Draft Plan of Condominium - 30CDM-17204 - 900 Orr Court REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: October 30, 2017 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Catherine Lowery, Junior Planner,519-741-2200 ext. 7071 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: September 20, 2017 REPORT NO.: CSD-17-075 SUBJECT: COMMON ELEMENTS CONDOMINIUM APPLICATION 30CDM-17204 900 ORR COURT MATTAMY (KITCHENER) LIMITED ____________________________________________________________________________ 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-17204 for 900 Orr Court in the City of Kitchener, subject to the following conditions shown in Appendix A. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 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 is located at 900 Orr Court. This approval is for the common elements only. The owner of the subject lands, Mattamy (Kitchener) Limited, is proposing to develop freehold townhouse units, all of which will be 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 already received final site plan approval. The layout and type of units are not being considered as part of this application. The subject application is necessary to create the condominium ownership (tenure) of the shared common elements, which will be tied to the future freehold townhouse units through a subsequent part lot control application. Prior to registration of the condominium plans, the development may proceed as a cluster townhouse project with rental tenure. The Planning Act typically does not require a statutory public meeting for condominium approvals, but it is a requirement for common elements condominiums. This is to ensure the public is made aware that roads etc. will be privately owned and to ensure there are no concerns with connection of the common element to municipal infrastructure. Agency circulation identified no concerns in this regard. Policy Conformity Provincial Policy Statement The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. The proposed development is consistent with the PPS. 2017 Growth Plan for the Greater Golden Horseshoe The subjDesignated Greenfield Areaas defined by the 2017 Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services and which creates high quality public open spaces. The proposal complies with the policies of the Growth Plan. Regional Official Plan The subject lands are within the Urban Designated Greenfield Areas as established in the Regional Official Plan. The proposal, subject to the recommended conditions, satisfies the policies of this plan. Agency and Department Circulation The subject application was circulated to all required agencies and City departments on March 27, 2017. The comments received (Appendix C) have either been considered or included as conditions of draft approval. 1 - 2 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: trategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications to the City. COMMUNITY ENGAGEMENT: Inform A newspaper notice will be published in the Record newspaper on October 6, 2017 advising the date of the public meeting to be held at the Planning and Strategic Initiatives Committee Meeting on October 30, 2017. A copy of the notice B CONCLUSION: The recommendation contained in this report will create common elements (roads, landscaping, and parking) that will later be tied to (shared between) freehold townhouses. The proposed By-law and Provincial Plans, is compatible with surrounding land uses and represents good planning. As such, staff recommends that Draft Plan of Condominium 30CDM-17204 for 900 Orr Court 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) Appendix A Draft Approval Conditions andProposed Draft Plan of Condominium Appendix B Newspaper Advertisement Appendix C Department and Agency Comments 1 - 3 CSD-17-075 Appendix A RE: Draft Approval of Common Element Condominium Application 30CDM-17204 900 Orr Court Mattamy (Kitchener) Limited 1.That this approval applies to Draft Condominium 30CDM-17204 for Mattamy (Kitchener) Limited, prepared by Rady-Pentek & Edward Surveying Ltd.,dated September 1, 2017, and as shown on the attached Plan of Condominium prepared by the City of Kitchener, dated September 1, 2017 proposing a common element plan of condominium comprised of private roads, amenity area, landscaped areas, and visitor parking spaces. 2.That the final plan shall be prepared in general accordance with the above noted plan, Review. 3.That the Owner su Manager of Development Review, containing the following provisions: i)provisions Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements including, but not limited to, access lanes, sanitary, storm and water services, and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 3 ii) through 3 viii), as ii)That the parking or storage of derelict vehicles or recreational vehicles on the subject lands is prohibited. iii)That private sidewalks, driveways and parking areas be maintained in a snow free condition and void of any obstructions 12 months of the year. iv)That the Condominium Corporation agrees to develop and maintain the subject lands in compliance with approved Site Plan. v)That access rights to Kitchener-Wilmot Hydro Inc. facilities on the subject property will be maintained. vi)That the home mail delivery will be from a designated Centralized Mail Box. 1 - 4 CSD-17-075 Appendix A vii)That easements, as may be required, for servicing and/or accessbetween stagesacross the condominium lands are to be conveyed to: City of Kitchener, Regional Municipality of Waterloo, Kitchener-Wilmot Hydro, Bell Canada and any communication/telecommunication company. viii)That the Condominium Corporation, would at their expense, be obligated to implement and maintain the approved Salt Management Plan related to winter snow and ice clearing. 4.That the Owner submit a draft of the executed declaration, with the provisions as requir Review. 5.That the Owner covenant and agree in writing to the City's Manager of Development Review to register a Condominium Declaration which shall include the approved provisions as required in Condition 3 hereof. 6.That the Owner shall provide an undertaking that the new home purchasers will be advised in Offers of Purchase and Sale of the location of Centralized Mail Boxes. 7.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the Revenue Division. 8.That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: (a)to provide reference plan(s) showing the easements to Hydro, communication/ telecommunication companies, and the City, to the satisf Manager of Development Review; (b)to ensure that there are no conflicts between the desired locations for utility 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 Owner shall obtain prior written approval from Manager of Development Review General Manager of Community Services; and (e)Manager of Development Review, a clearance letter from each of Hydro, Bell Canada orother pertaining communication/telecommunication companies. Such letter shall state that the respective utility company has received all required grants of easements, or alternatively, no easements are required. 1 - 5 CSD-17-075 Appendix A 9.That the owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development iew. i)The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the site works have not been complete and certified in conformity with the approved design, the City may draw all of the funds so secured and hold them as security to guarantee completion and/or certification, unless the City Solicitor is provide with a renewal of the Letter(s) of Credit forthwith. ii)In the event that the Owner fails to complete the required site development agents of contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by By-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover expense incurred in doing so in like manner as municipal taxes. iii)Other forms of performance security may be substituted for a Letter(s) of Credit at the request of the Owner, provided that the approval is obtained from the City Treasurer and City Solicitor. 10.That the Owner confirms that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development to the satisfaction of Bell Canada or other communication/telecommunication company. 11.That the project surveyors have provided their unqualified certification that the proposed declaration for the proposed Common Elements Condominium have been approved by the Registry Office and all signatures and certification required to permit its registration have been included thereon, other than on the behalf of the City of Kitchener. 12.That the project solicitors has provided their unqualified certification that the proposed declaration for the proposed Common Elements Condominium have been approved by the Registry Office and all signatures and certification required to permit its registration have been included thereon, other than on the behalf of the City of Kitchener. 13.That an irrevocable undertaking irrevocably authorized by the proposed Declarant has declaration and description plans for the proposed Plan of Condominium forthwith upon: i)Signing of the description plan approval or exemption box on the description plans by the City of Kitchener and that the proposed Declarant undertakes to the City of Kitchener that there shall be no conveyance of Parcels of Tied Land until such time as the Plan of Condominium description and declaration have been registered on title. 1 - 6 CSD-17-075 Appendix A 14.That the Owner designate and sign 21 visitors parking spaces and 3 barrier-free parking spaces on site. 15.That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands Development Review. Regional Municipality of Waterloo Conditions: 16.That the Owner makes provision in the Condominium Declaration for the implementation of the accepted road salt management plan entitled, related to outdoor winter maintenance proced Commissioner of Planning, Development and Legislative Services. 17.That prior to final approval of all or any part of this plan of condominium, the Owner enter into an agreement with the City of Kitchener to provide implementation of the noise study entitled, 5, Environmental Noise Assessment, 900 Orr City of Kitchener Manager of Development Review. Without limiting the foregoing, the agreement must include the following: a)That all residential units on lands identified as Parts 6 to 13, 15 to 19, and 28 to 34 on the draft plan of condominium 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. b)That the following warning clause be included in all agreements of purchase and sale and/or rental agreements for residential units on lands identified as Parts 6 to 13, 15 to 19, and 28 to 34 on the draft plan of condominium, vised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Huron Road may on occasions 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 the Environment and Climate Change. This dwelling has been designed with provision of adding central air conditioning by the 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 Region of Waterloo and the Ministry of the E c)That the residential unit on lands identified as Part 14 on the draft plan of condominiumbe constructed with a forced air-ducted heating system suitably sized and designed with a central air conditioning system. 1 - 7 CSD-17-075 Appendix A d)That the residential unit on lands identified as Part 14 on the draft plan of condominium be designed and constructed with special building components for windows and exterior walls as per sound transmission class ratings in Table 5 - Sample Building Components of the above-noted Study, in order to achieve indoor daytime and nighttime noise sound level criteria established in the Ministry of the Environment and Climate Change Environmental Noise Guideline NPC- 300. e)That prior to issuance of a building permit for the residential unit on lands identified as Part 14 on the draft plan of condominium, that architectural details of the building components required in d) above be verified by a Professional Engineer qualified in acoustics to ensure required sound transmission class ratings be acceptable to meet daytime and nighttime indoor sound level criteria of the Ministry of the Environment and Climate Change Guideline NPC-300. f)That the following warning clause be included in all agreements of purchase and sale and/or rental agreements for the residential unit on lands identified as Part 14 on the draft plan of condominium, features in the development and within the building units, sound levels due to increasing road traffic on Huron Road may on occasions 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 the Environment and Climate Change. This dwelling has been supplied with a central air conditioning system which will allow windows 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 M 18.That the Owner provides the Regional Municipality of Waterloo with a draft of the final Condominium Declaration for registration. CLEARANCES: 1. the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 18 (inclusive) have been met. The submission shall include a brief but complete statement detailing how each condition has been satisfied. 2. the City of Kitchener is to be advised by the Commissioner of Planning, Development and Legislative Service that Conditions 13 to 18 (inclusive) have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief but complete statement detailing how each condition has been satisfied. NOTES: 1.The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and Regional Municipality of Waterloo are applicable. 1 - 8 CSD-17-075 Appendix A 2.The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3.Draft approval will be reviewed by the Manager of Development Reviewfrom time to time to determine whether draft approval should be maintained. 4.It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Planning, Development and Legislative Service and the City of Kitchener Community Services Department of any changes in ownership, agent, address and phone number. 5.The owner is advised that the Regional Municipality of Waterloo has adopted By-law 05- 080, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. 6.This draft plan application was received on February 8, 2017 and deemed complete on March 20, 2017, 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). 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 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 cannot 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. 8.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 the approval, and the City has received assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: Two (2)original mylar Five (5)white paper prints One (1)digital copy 1 - 9 1 - 10 CSD-17-075 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 900 Orr Court The City of Kitchener has received an application for a Common Element Condominium comprised of private driveways, landscaped areas, and visitor parking spaces. The land use has been established and conforms to the Zoning By-Law. The layout of both sites has been approved through the site plan approval process and consists of freehold townhouse units, which will be tied to the proposed Common Element Condominium. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, OCTOBER 30, 2017 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 verbal representation either in support of, or in opposition to, the above noted proposal. If a person or public body does not make oral submissions at this public 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, viewing the report contained in the 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). Catherine Lowery, Junior Planner - 519-741-2200 ext. 7071 (TTY: 1-866-969-9994), Catherine.Lowery@kitchener.ca 1 - 11 CSD-17-075„Appendix"C" 1 - 12 1 - 13 1 - 14 1 - 15 1 - 16 1 - 17