HomeMy WebLinkAboutDSD-19-001 - Draft Plan of Vacant Land Condominium 30 CDM-18205 - 155 Westwood Dr - Cook Homes Ltd.REPORT TO:Planning and Strategic Services Committee
DATE OF MEETING:February 25, 2019
SUBMITTED BY:Alain Pinard,Director of Planning
PREPARED BY:Brian Bateman,519-741-2200 ext. 7869
WARD (S) INVOLVED:Ward 8
DATE OF REPORT:January 15, 2019
REPORT NO.:DSD-19-001
SUBJECT:DRAFT PLAN OF VACANT LAND CONDOMINIUM30CDM-18205
155 WESTWOOD DRIVE
COOK HOMESLIMITED
___________________________________________________________________________
RECOMMENDATION:
A.That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approvalto Plan
of CondominiumApplication 30CDM-18205in the City of Kitchener, for COOK
HOMESLIMITED, subject to the conditions attached to Report DSD-19-001as
Appendix A.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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BACKGROUND:
Planning staff received an application from Cook Homes for the approval of a Draft Plan of
Vacant Land Condominium for the creation of 58unit areas and common element areas for the
development of 29 semi-detached dwellings (58 units) on a private roadway located at 155
Westwood Drive. This property is zoned Institutional One (I-1) which permits a range of
institutional and residentialusesincluding semi-detached dwellings.No zoning permissions are
being sought with respect to thedevelopment.
REPORT:
This property was theformer Monsignor Gleason Catholic school site that was deemed surplus,
closed, and, in 2012,put up for public sale by the Waterloo District Catholic School Board.The
Board sold the property to Cook Homes in 2016.The building was demolished in 2017.The
site has beenunoccupied since the school closing in 2012.
The subject lands areapproximately 5.02 acres (2.03 hectares) in size with approximately 132
metres of frontage on Westwood Drive. The site is centrally locatedwithin the neighbourhood
and isimmediately adjacent to Westwood Park.Surrounding land use is characterized as low
rise residential with a mixture of single,semi-detached and multiple dwellings, open space and
railway lands.The property fronts onto Westwood Driveand backs onto CN railway lands.
Westwood Drive is a MinorNeighbourhoodCollector .
The owner is proposing to construct 29 semi-detached dwellings on a U-shaped private roadway
and dividethe land through a Vacant Land Condominium(VLC)in orderto create 58 unitsand
common elementsareas. According to the Province, units in a vacant land condominium are
effectively vacant lots upon which buildings will be located after the condominium is registered.
A plan of a vacant land condominium therefore resembles a plan of subdivision but with land
identified as either a unit or a common elementinstead of lots and blocks.
Policy Conformity& Zoning
Provincial Policy Statement, 2014
The 2014 Provincial Policy Statement (PPS) was issued by the Province of Ontario. The PPS
provides policy direction on matters of Provincial interest related to land use planning and
development and applies to all decisions in respect of the exercise of any authority that affects
a planning matter made on or after April 30, 2014. Section 3 of the PPS requires that decisions
The PPS provides a vision for land use planning in Ontario that encourages the efficient use of
land, resources and public investment in infrastructure.A mix of land uses is encouraged to
provide choice and diversity. A variety of transportation modes to facilitate pedestrian movement,
less reliance on the automobile, and use of public transit is encouraged as a means of creating
more sustainable, livable and healthy communities are at the core of these policies. The PPS
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encourages development that will provide for long-term prosperity, environmental health and
social well-being.
The proposed redevelopment provides for developmentwithin a settlement area which optimizes
existing infrastructure, public service facilities, and transportation networks. The proposed
development is of a compact built form and will contribute to arange of residential uses found
within thisneighbourhood.Accordingly, Planning staff is of the opinion that this proposal is
consistent with the policies of the PPS.
Growth Plan for the Greater Golden Horseshoe, 2017
The Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan) supports the
achievement ofcompletecommunitiesthat are designed to support healthy and active living and
meet people's needs for daily living throughout an entire lifetime. The Growth Plan seeks to
support the achievement of complete communities.
The proposed vacant land condominiumwould facilitate re-developmentof a sitewithin the
Delineated Built-up Area. In addition, the proposed residential development of semi-detached
dwellingswould assist in achieving a complete community by helping to diversify the range and
mix of housing options, which assists inaccommodatingpeople at all stages of life, and
accommodatingthe needs of all household sizes and incomes.
In summary, it is the opinion of staff the proposed development is consistent with the Growth
Plan as it represents the type of re-development that is encouraged within the Built-up Area and
will assist the City in achieving the growth targets established by the Province.
Regional Official Plan (ROP)
The Regional Official Plan identifies thesubject propertyas being within the Urban Area-Built-
Up Area. is to promote
balanced growth by directing a greater share of urban development towards the existing Built-
Up Area.
The proposed vacant land condominiumconformsto the Regional OfficialPlan, in the opinion
of staff.
City of Kitchener 2014 Official Plan
Land use
The 2014 Official Plan designates the subject property as Institutional.At the time the application
was submitted in June 2018 the policies associated with this land use designation wereunder
appealand thecurrent in-effectzoning of the property permits the use of a semi-detached
dwelling.A zoning by-law amendment isnot requiredand is deemed to comply with the Official
Plan.As such, the previous land use designationof Low Rise Residential (LRR) in the 1994
Official Plan is being relied uponas the in-effect policiesgivingpolicy direction in regards to the
vacant land condominiumdraft plan application.TheLRR designation is intended to
accommodate a full range of low density housing typessuch as single and semi-detached
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dwellingsand low rise multiples.The LRR designation has informed the existing zoning of the
subject property which permits the use of a semi-detached dwelling.Once the 2014 Institutional
mapping, if deemed necessary.
The proposed vacant land condominiumin the opinion of staffconformsto the Official
Plan and the Regional Official Plan, and isconsistent with the Provincial Policy Statementand
the Growth Plan.
Zoning By-law 85-1
The subject property is zoned Neighbourhood Institutional One (I-1) inSection 31 ofBy-law 85-
1. In addition to institutional uses such as a church, school,community centre,residential care
facility,this zonealso permits a singleand semi-detached dwelling,subject to complying with
the applicable zoning regulations.Section 5 of the Zoning By-law allows formorethan one
semi-detached dwellingtobe located on a lot or block of land in a vacant land condominium.
Accordingly, no special zoning permissions arebeing sought nor required forthis development
proposal.
Proposed Draft Plan of Vacant Land Condominium(VLC)
CondominiumDesign
The applicant is proposing to subdivide the block of land to create 58 unit areas representing
one half of each semi-detached dwelling(29 in total)fronting onto a U-shaped private roadway
described as common element. Three (3) semi-detached dwellings,comprising six (6) unit
areas,are proposed to front onto Westwood Driveto helpintegrate the development withinthe
community.Each unit area complies with zoningin terms of lot width and areaand each semi-
detached dwelling unit will have its own garage and driveway therefore complying with the
parking requirementsof one space per unit.In addition to aprivate roadway, the common
elements comprise a 30 metre buffer of land separating the development from the CN railway
tracks.The 30 metre buffer is a zoning requirement under Section 5 of By-law 85-1. The buffer
will consist of a safety berm/noise wall, visitor parking for 15 spaces, and open space and a trail
connection to Westwood Park.
Site Plan
Site plan application (SP171/131/W/BB)was submitted in December 2017 and has received
approval in principle from the Site Plan Review Committee. This application was submitted prior
to the draft plan application in order to help inform key elements of the draft plan such as road
location and accesspoints,servicing, proposed building footprints for each unit area, visitor
parking,landscaping and buffer requirements. Final approval of the site plan is contingent upon
satisfying a number of site plan conditionsandincluding approval and registration of the draft
plan. The owner is required to enter into aSection 41 Site Plan Agreement with the City.A copy
of thesite plan is attached as Appendix E.
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Servicing
Thesubject site will be serviced by connecting toan existing300mm diameter sanitary sewer,
a 1050mm diameter storm sewer and a 300mm diameter watermainlocated within Westwood
Drive. Individual properties within the development will be connected to services located within
the private roadway, which forms part of the common elements portion of the plan. The
condominium corporation will be responsible for all maintenance of such services within the
common elements.
Storm Water Management
Proper stormwatermanagement is necessary to control surface water run-off, erosion, flooding
stormwater management criteria of5and100 year rain event post development flow rates to
pre development flowsby retaining 12.5mm from the site.Stantec Engineeringhasprepared a
Stormwater Management Design Brief which has beenreviewed by City Engineering staff. The
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design provides for 256.6mof retention by directing roof and backyard runoff to rear yard
infiltration galleries. Infiltration galleries will be minimum of 1.0m from measured groundwater.
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The design, approved by Engineering staff,reducesthe 5 year flow rate by 43% (0.26m/s to
333
0.15m/s) and reducesthe 100 year flow rate by 48% (0.57m/s to 0.30m/s). The use of 300mm
orifice plate and on site storage tankshas been incorporated into the design.
Parkland Dedication
In accordance with Council Policy 1074 4.3.1, Parks staff advisesthat parkland dedication is
not required for this development as it has been determined that the maximum amount of 5
percent land dedication was taken previously as part of the subdivision approval and registration
of Plan 1198.
CN
The subject lands back onto Canadian National Railways property. As such, this development
is subject to a 30 metre buffer regulation noted in Section 5 of By-law 85-1and in compliance
with CN design standards. This buffer is identified on the draft plan and forms part of the
common elements portion. In addition, the applicant has submitteda Noise and Vibration Study
prepared by Stantec. This study has been submitted to CN for review and approval. CN staff
has indicated it is generally supportive of the study subject toincorporatinga number of
conditions of draft approval outlined in Appendix A.
Planning Analysis
In considering this draftplan of subdivision,
been met:
There is broad-based Provincial and Regional policy support for the re-development of
the site.
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Official Plan -the in-effect policies at the time the draft plan application was submitted.
The Zoning By-law permits the use of a semi-detached dwelling on the subject lands and
more than one semi-detached dwelling on block of land within a vacant land
condominium.
Technical matters have been addressed. The subject lands can be serviced municipally
(including adequate storm water management considerations to control surface drainage)
and access location considerations are deemed appropriate.
The size and shape of the unit areas are consistent with the surrounding fabric and are
in compliance with the zoning regulations for lot width and area requirements.
The development optimizes the use of existing infrastructure.
Public consultation has taken place and staff has considered all comments and concerns.
The site plan has informed the condominium plan andAgreements will govern and
administer the site development and protect future inhabitants.
Department and Agency Comments
Any departmental and agency requirements have been addressed or are included as conditions
of approval (see Appendix C).
Community Input
106 letters were mailed outto property owners within a 120 meter radius of the subject property
notifying of the proposal. In response, staff received eight written responses, one of which was
signed by twelve individual property owners.These are attached in Appendix Dtogether with a
summary of the Neighbourhood Information Meeting, which was attended by nineteen residents
on October 16, 2018. A range of likes, concerns and suggestions were raised by property owners
with respect to theproposal. Staff hassummarized the comments andhasprovidedresponses
below. Staff notethat manyof the comments receivedin written format and/or expressed at the
NIMrelate to matters which are more neighbourhood specificor existingcondition issues such
as infrastructure, traffic calming,on street parking control and park considerationsthat fall
outside of the scope of thisapplicationreview.However, staffwill attempt to address offsite
concernswhere itcan as staffrecognizethe importance of these matters to residents.
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Staff also helda drop-in session on January 22, 2019 at the Victoria Hills Community Centre.
Staff from the Neighbourhood Development Office, Transportation Services, Engineering,
Planningand Parks wereon hand to answer questions from residents regarding proposed
resident led traffic calming; Westwood Park and servicing infrastructure matters.A number of
follow up actions were identified which will be addressed separately from the application.
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Staff appreciate the detailed comments and thoughtful suggestions provided by residents.
Below was what was generally heard:
1. Likes
A few residentscitedsupportfor the proposed development of semi-detached dwellings over
higher density forms of housing.
To respond, staff acknowledges that asemi-detached dwelling is one of several forms of lower
density housing.Through the
Official Plan, the City supports a variety of lower density housingin existing residential
neighbourhoodsand semi-detached dwellingsassist in meeting that policy objective.
Moreover, the existingzoning permissionsfor this siteallow for theuseof a semi-detached
dwellingas of rightand Cook Homes is complyingwith the establishedzoningregulations in
terms of the size of proposed unit areas as well as building setbacks and heights.
2. Concerns/Questions
Generally speaking many of these were more technical in nature such as:
o Wanting more information regarding the proposal as it was felt the Vacant Land
Condominiumplan did not provide a lot of information.
In response, it is acknowledged that it can be a challenge providing a lot of detailed information
through a mail circulation. That is why staffoften holds aNeighbourhood Information Meeting
(NIM) to better inform the public and to hold a question and answer session. In that regard, staff
held aNIM on October 16, 2018 and it providedan opportunity to provide details and answer
questions posed by residents.
o Drainage & Flooding
Will this development worsen floodingof the area?
The concern with drainage and flooding relates to an existing condition situation and residents
would likeassurances this proposal will not worsen the problem. To respond, the issue here
relates to both on and off-site issues. Regarding on-sitedrainage, staff has reviewed the storm
water management plan for the subject development as is required through the approvals
process. Staff is satisfied the proposed plan to manage surface water drainagefrom the
proposed developmentwillreduce the amount of runoff entering the storm sewers on Westwood
Drive due to the loped through the
Stormwater Master Plan being implemented in the design of the site. Assuch, staff is confident
it will not worsen the situation in fact it should alleviatesome of the pressure on the storm
sewers atthislocation. This is animprovementover the existing condition as thesubjectsite
(previously a school) hadno drainage controls and runoff was sent via surface flows or piped
directly to Westwood Drive.
Regarding the capacity of the storm sewer in Westwood Drive, the Cityreceived grant funding
from the National Disaster Mitigation Program which will enable the Cityto refine itscity-wide
storm sewer model. Once this work has been awarded,staffwill begin to build out the model to
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include all storm sewers in the City which will inform the Citywhen prioritizing locations that
require financial resources and engineering designs to address. This work will take some time
(approximately 18 months)in orderto obtaina complete picture of all flooding locations in the
City.
o Traffic:
impact on Westwood Drive
Visibility and Safety issues due to driveway locations along Westwood
In response, Transportation Planning staff has assessed trip generation rates for 58semi-
detached dwellingsunits and has determinedthat the proposed development will have minimal
impacts.Westwood Drive is a designated Minor Neighbourhood Collector Street capable of
supporting up to approximately 5000 vehicles per day. According to Transportation staff, trip
generation rates are currently at 2600 vehicles passing by the subject site per day and it is
estimated to increase to between 2900 to 3100 vehicles per day when factoring in the
development. The estimated trip generation rate during the am and pm peak travel hours is
between 43 and 57 vehicles entering/exiting the subject site which is considered low.
Staff hasalsoconsideredthe proposed accesspointsand driveway locations and is satisfied
theydonot pose asafety risk and/orvisibility concerns.Two primary reasons for this: 1.
Westwood Drive is predominately developedwith single and semi-detached dwellings with
driveway access onto Westwood Drive.he addition of three paireddriveway
accesses immediately across from other residential properties with driveway accessesonto
Westwood Driveis consistent with the streetscape; and2.the former school site had two points
of access onto Westwood Drive and having two accessesfor the proposed developmenthelps
to divert and split the traffic generated.
o Parking
Enough parking
Visitor spaces (location & numbers)
To respondit is the responsibility of the developer to provide an adequate number of parking
spaces based on zoning for theirdevelopment only. The parking requirements for the
development of 58 semi-detached unitsis onespace per unit. Parking will be accommodated
through a combination of having a garage(legal parking space)with a driveway for each dwelling
unit. As such, each unit couldaccommodate up to two vehicles. In addition, 15 visitor parking
spaces will be provided along the frontportion ofthe common elements where the 30 meter
buffer is required and where there is sufficient space on site forvisitor parking. So between a
garage and a driveway for each unit and 15 visitor parkingspaces,the developer has gone
above and beyondwhat is legally required under the zoningandtherefore staff is confident
enough parking is being provided.
o Density
is it in line with the requirements?
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To respond,the density is appropriate. The existingI-1zoning establishesthe density through
minimum lotwidths and lotareas for each semi-detached unit,and this development meets
and/or exceeds the zoning regulations in that regard.Moreover, the density is in line with the
Official Plan that projects an overall average density of 25 units per hectare for all lands that fall
within the Low Rise Residential designation.
o Loss of Open Space
Staff acknowledges there was an informal arrangement between the City and the Separate
School Board to utilize the former school site ball diamond and thatarrangement hassince
ceased with the sale of the landsby the Separate School Boardto Cook Homes.Fortunately,
Westwood Park is located immediately adjacent and it
neighbourhood parkand hasItcurrently has a ball diamond
and playground equipment.Westwood Natural area is located on the opposite side of Westwood
Drive to Westwood Park thatfurther contributes to theamount ofopen spacefor the
neighbourhood.From a zoning perspective, this property is and has been zoned Institutional
and not Open Space. Therefore, this property is zoned for development and not parkland.
3. Suggestions
Heard many suggestions including:
o Request for Traffic calming measures along Westwood
o Request for a 3 way stop at Knell & Westwood
To respond,Transportation Planning staff has considered the request for traffic calming along
Westwood Drive,including a proposed 3-way stop. Presently, Westwood Drive is on the list for
formal traffic calming consideration but is ranked lower than many other City streets under
consideration.As such, formal traffic calmingmeasuresis not being recommended at this time.
Staff will continue to monitor traffic volumes and speeds along Westwood Drive for future formal
traffic calming consideration.A 3 way stop was considered by Transportation staff but is not
supported as it does not meet warrant requirements.Alternatively,it is suggested that residents
work with staff from Transportation Services and the Neighbourhood Development Office to
pursue resident led traffic calming initiatives through or seasonal
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traffic calming measuresthat were discussed at the January 22drop in meeting.Resident-led
and seasonaltraffic calming projects can improve safety, slow traffic, add beauty and bring
neighbours together.
o Re-orient units facing Westwood Drive onto the private roadway
o Locate visitor spaces to front of property
o Take land instead of cash-in-lieu and use it for parking for the park
A number of design related suggestions were offered by residents including re-orienting the
three semi-detached dwellings fronting Westwood Driveto front onto the private roadway,
maintaining transit locations,locatingvisitor parking to the front of the development closer to
WestwoodDriveandasking for consideration of a one-way in/ one-way out private roadway
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instead of two-way. To respond, staff wishes to thank residents for the thoughtful and articulate
designcomments. First, staff supports the three semi-detached dwellings fronting onto
Westwood Drive. From an urban design perspective,front facingrather than side facing
development better addresses thestreetscape,helps tointegrate the overall development
scheme within the neighbourhoodand provides.The majority of existing
single and semi-detached dwellings face rather than side onto Westwood Driveand having at
least three of five dwellings frontfaceonto Westwood Drive reinforcesrather than detracts from
thecharacterof the street. Although staffacknowledges side facing development does exist
along Westwood Drive, it ismainly seen for the existing apartment complexes. Second,staff
supports the location of visitor parking at the rear as provided for several reasons:1. The 30
metre buffer of land affords space in which to provide parkingatthe rear; 2. Locating parking
towards the front of the property would require a re-design of the site which is both undesirable
andunnecessary given thatland that is available at the rear; 3.From an urban design
perspective, it is more desirable for dwellingsrather than parking to interface with a street; and
4. Appropriate signage will be provided to indicate visitor parking will be located at the rearof
the property.This should encourage visitors to park in the designated visitor parking lot rather
than on the streetthat is of concern of residents.
o One-way rather than two-way internal roadway system
A one-way system for the proposed private roadway for the development was assessed by staff.
Staff prefers the two-way system as it helps split and divert traffic entering and existing the site,
-way private roads are often ignored because the location of
a unit within the development willoftendictate which access to use.
o On-street parking issues
o Prohibit on-street parking along curve of Westwood Drive
o Maintain public transit locations
Consideration of on-street parking prohibition in front of Westwood Park along Westwood Drive
and discussionsregarding existing on-street parking problems can be explored with
Transportation and By-law Enforcement staff.
Regional Transportation staff has indicated that transit stopswillbe maintainedat this location.
Two locations are shown on the site plan attached as Appendix E.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
service.
FINANCIAL IMPLICATIONS:
None as any maintenance associated with thedevelopment will be assumed by the
condominium corporation.
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COMMUNITY ENGAGEMENT:
INFORMand CONSULTThe applications were circulated for comment to internal
departments, external agencies, and all property owners within 120 metres of the subject lands
on July 3,2018. The written responses received from property owners and interested parties
are attached as Appendix Dand are addressed in this report. A Neighbourhood Information
Meeting was held October16, 2018. ANotice sign isposted on the property. A courtesy notice
of the public meeting will be circulated to all property owners responding to the preliminary
circulation and who attended the Neighbourhood Information Meeting. Notice of the Public
Meeting will be given in TheRecord on February 1, 2018 and a copy of the Notice is attached in
Appendix B. This report will be
council/committee meeting
CONCLUSION:
Staff is of the opinion the proposed Draft Plan of Vacant Land Condominium represents good
planning for the City.
Staffis recommending approval conditional uponthe ownersatisfying the conditions of draft
approval outlined in Appendix A.
REVIEWED BY:Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
ATTACHMENTS:
AppendixAProposed Draft Plan and Conditions
Appendix B Newspaper Advertisement
AppendixCDepartment/Agency Comments
AppendixDProperty Owner Comments
Appendix E Site Plan
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Appendix “A”
DRAFT PLAN OF CONDOMINIUM 30CDM-18205
BLK ‘B’ REGISTEREDPLAN 1198
COOK HOMES LIMITED
RECOMMENDED CONDITIONS OF DRAFT APPROVAL
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 as amended, of the City of Kitchener, hereby grants draft
approval to Condominium Application 30CDM-18205for Block B of Registered Plan 1198in the
City of Kitchener, subject to the following conditions:
1.That this approval applies to Draft plan of Condominium 30CDM-18205for Cook Homes
Limited, prepared by Stantec, dated June 14, 2018, proposing a vacant land draft plan of
condominium for 2.02hectares of land comprised of 58vacant units and a common element
areas.
2. That the final plan shall be prepared in general accordance with the above noted plan, with a
copy of the final plan being approved by the City’s Manager ofDevelopment Review.
3. That the owner submit a draft Condominium Declaration, for approval by the City’s Manager
of Development Review, containing the following provisions (or similar wording as approved
by the City):
i.That common element walkways and sidewalks, driveway, and parking area be
maintained in a snow free condition and void of any obstruction 12 months of the
year.
ii.That the Condominium Corporation agrees to maintain the common elements in
compliance with the site plan (file:SP17/131/W/BB) approved by the City’s
Manager of Site Development and Customer Service, for the life of the
development.
iii.That the Condominium Corporation agrees to maintain 15 visitor parking spaces on
site, for the life of the development.
iv.That the common elements may be subject to water, stormwater, and sanitary
easement agreement(s) with utility suppliers, the Region of Waterloo, and/or the
City of Kitchener for access and/or maintenance purposes.
v.That home mail delivery will be from a designated Community Mail Box located
within the common element portion of the plan.
vi.That a private contractor will pick up and dispose of all recyclables and other waste
material from the common element portion of the plan.
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vii.That the Condominium Corporation agrees to maintaininfiltration gallerieslocated
within the common elementand at the rear of unit areas. An easement in favour
of the Condominium Corporation toensure the implementation, access to, and
maintenanceis required. The Condominium Corporation shall maintain the
easement for the life of the development.
viii. That Servicing, including the Condominium Corporation-maintained infiltration
galleries, are located on lands within the common element and within vacant unit
boundaries. This infrastructure shall be maintained by the Condominium
Corporation for the life of the development.
ix.That due to the existence of shallow insulated storm water infrastructure and
infiltration galleries located within the common element and within unit boundaries,
any fencing along the rear of the condominium unit boundaries may be installed in
accordance with the approved landscape plan(s) only. The type of fencing, its
placement and installation shall be consistent with the approved landscape plans.
x. That due to the existence of shallow insulated storm water infrastructure and
infiltration galleries located within the common element and within unit boundaries,
no structure or building, or any object that requiring any footings, shall be permitted
within any unit or the common element, save and expect for any buildings,
landscape features and plantings, and parking areas shown on the approved site
plan and/or landscape plan(s).
xi.That the Condominium Corporation agrees to maintain all sidewalks located within
unit areas.
4. That the Owner submit a draft of the executed declaration, with the provisions as required
in condition 3 hereof, for approval by the City’s Manager of Development Review.
5. That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes, utility accounts, and/or local improvement charges.
6.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:
i.to provide reference plan(s) showing the easements to Hydro, communication/
telecommunication companies, and the City, to the satisfaction of the City’s
Manager of Development Review;
ii.to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the City’s Director of
EngineeringServices for municipal services;
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iii.to ensure that there are no conflicts between utility or municipal service easement
locations and any approved Tree Preservation/Enhancement Plan;
iv.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 the
City’s Manager of Development Review or, in the case of parkland, the City’s
General Manager of Community Services; and
v.to provide to the City’s Manager of Development Review a clearance letter from
each of Hydro and telephone companies. Such letter shall state that the respective
utility companyhas received all required grants of easement, or alternatively, no
easements are required.
7.That the Owner construct, designate, and sign a minimum of 15 parking spaces as "Visitor
Parking".
8.That the final plans for registration are in compliance with the approved site plan (file:
SP17/131/W/BB).
9.That immediately uponand concurrently with theregistration of the condominium, the
Owner agrees to register theSection 41Site PlanAgreement to the satisfaction of the
Manager of Development Review.
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 Owner make satisfactory arrangements with Canada Post for the provision of
mail delivery via a designated Centralized Mail Box including a suitable centralized
location on-site, installing the concrete pad(s) and advising prospective purchasers
through purchase and sale agreements that mail service if from a centralized facility.
12.That the Owner shall submit to theCity of Kitchener a Letter(s) of Credit to cover 100
percent of the remaining cost of all outstanding and/or uncertified site development works
to the satisfaction of the City’s Manager of Development Review.
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.
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ii. In theevent that the Owner fails to complete the required site development works,
to the satisfaction of the City’s Manager of Development Review, then it is agreed
by the Owner that the City, it’s employees, 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 it’s 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.
13. That the project surveyors have provided their unqualified certification that the proposed
description 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.
14. That the project solicitors 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.
15. That the Owner enters into an agreement with the City of Kitchener containing the
following provisions:
i.The Owner agrees that prior to occupancy of each semi-detacheddwelling (each
vacant land unit), the City of Kitchener is provided with a certificate from an Ontario
Land Surveyor confirming that the constructed foundation wall for each semi-
detacheddwelling has been constructed dividing one vacant land unit from another
within the confines of the building envelop lie on or within the actual party wall
foundation wall so as to ensure that no part of any proposed vacant land unit lies
beyond a party wall foundation wall, to the satisfaction of the City of Kitchener.
ii.The Owner agrees to include a statement in all Offers and/or Purchase and Sale
Agreements for all units that advises of the infiltration gallery, servicing locations,
catchbasin, and overflow path requirements and the requirements to maintain such
facilities. Offers and/or Purchase and Sale Agreements with builders shall obligate
the builders to notify purchasers of the exact location, size and/or intent of such
facilities. The wording of the statement shall be to the satisfaction of the CITY’s
Director of Engineering Services.
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iii.That the Owner agrees to include the following statement in the Offer and/or
Purchase and Sale Agreements:
a) “Warning: Canadian National Railway Company or its assigns or successors in
interest has or have a rights-of-way within 300 metres from the land subject
hereof. There may be alterations to or expansions of the railway facilities on
such rights-of-wayin the future including the possibility that the railway or its
assigns or successors as aforesaid may expands its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuation measures
in the design and development and individual dwellings. CNR will not be
responsible for the complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way.”
b) “The safety and noise attenuation berm abutting the rail line is not to be altered
or tampered with and the Owneror its successorshall have sole responsibility
for and maintain these measures to the satisfaction of CN.”
iv.That prior to occupancy, the Owner agrees to provide central air conditioning for
Units16, 17, 46, and 47identified on the Draft Plan dated, June 14, 2018 prepared
by Stantec.
16. Infiltration galleries and storm water management servicingand otherinfrastructure is
located and has been constructed on units not within the common element. The Owner
agrees that at the time ofregistration, easements necessary to ensure the
implementation, access to, and maintenance of the infiltration galleries and storm water
management servicing infrastructure are provided in favour of the Condominium
Corporation, to the satisfaction of the CITY’s Director of Engineering Services and the
CITY’s Solicitor. Wording of such easement must be approved by the CITY’s Director of
Engineering. The Condominium Corporation-maintained infiltration gallery and the storm
water management servicing infrastructure shall be maintained by the Condominium
Corporation as a whole, and not by an individual unit owner which may own a portion of
the land in which the infiltration gallery and storm water management servicing
infrastructure is located.
17.That the Owner makes satisfactory arrangements with CN regarding the design and
installation of the noise wall to MOECC standards.
Regional Municipality of Waterloo Conditions:
18. That the Applicant/Owner agrees to stage development of this condominium in a manner
satisfactory to the Commissioner of Planning, Development and Legislative Services and
the City of Kitchener, includingany easements or other requirements as a result of staging.
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19.That the development agreement (if necessary) be registered by the City of Kitchener against
the land to which it applies and a copy of the registered agreement be forwarded to the
Commissioner of Planning, Development and Legislative Services for the Regional
Municipality of Waterloo prior to final approval of the condominium plan.
20. That the Condominium Declaration be forwarded to the Commissioner of Planning,
Development and Legislative Services for the Regional Municipality of Waterloo prior to final
approval of the condominium plan.
21. That prior to final approval, the Applicant/Owner will make provisions through the
Condominium Declaration for the implementation of the recommendations of the Salt
Management Plan.
CLEARANCES:
1.That prior to the signing of the final plan by the City’s Manger of Development Review,
the Owner shall submit a detailed written submission outlining and documenting how
conditions 3 through 17 inclusive have been met. The submission shall include a brief but
complete statement detailing how each condition has been satisfied.
2.That prior to the signing of the final plan by the City’s Manager of Development Review,
the City of Kitchener is to be advised by the Regional Commissioner of Planning,
Development and Legislative Services that Conditions 3 and 18 to 21 (inclusive) have
been carried out to the satisfaction of the Regional Municipality of Waterloo. The
clearance letter from the Region shallinclude 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 Development Charge By-law 04-049 of the Regional Municipality of Waterloo
are applicable.
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, Housing and Community Services 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
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for application, recirculation, draft approval, modification to draft approval and registration
release of plans of condominium.
6.This draft plan application was received on June 21, 2018and deemed complete on June
22, 2018, 2018and shallbe 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 Regional Commissioner of Planning,
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.
9.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 termsof the approval, and the City has received assurance from the Regional
Municipality of Waterloo and applicable clearance agencies that the necessary arrangements
have been made, the Manager of Development Review’s 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
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161413550
PROJECT No.:
stantec.com
30 METRES
BRIAN CAMPBELL
Cook Homes Limited
IAN COOK, PRESIDENT
ONTARIO LAND SURVEYOR
20
February 6, 2018
I HAVE THE AUTHORITY TO BIND THE CORPORATION
0.664 Hectares0.353 Hectares58
1.006 Hectares
DATE:
10
*
CHECKED:
0
DATEDATE
NK
JUNE 14, 2018
JUNE 14, 2018
Scale 1:500
Stantec Geomatics Ltd.
DRAFT PLAN OF VACANT LANDCONDOMINIUMBLOCK "B"CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOO
REGISTERED PLAN 1198
10
STAMP
KEY PLAN
DRAWN:
AREA OF UNITS 1-58 =AREA OF ROADS =AREA OF GREENSPACE =TOTAL AREA OF CONDOMINIUM =2.023 HectaresTOTAL UNITS
LAND USE PARKING SPACES REQUIRED71PARKING SPACES PROVIDED73
UNIT 58
UNIT 57UNIT 56UNIT 55UNIT 54UNIT 53UNIT 52UNIT 51UNIT 50UNIT 49UNIT 48UNIT 47
COMMON ELEMENT
UNIT 34
UNIT 33
6
4
T
N
T
I
E
N
M
UNIT 39UNIT 41UNIT 44
UNIT 35UNIT 36UNIT 37UNIT 40UNIT 42UNIT 43UNIT 45U
UNIT 38
E
UNIT 32
L
E
N
O
M
M
UNIT 31
O
C
UNIT 17
UNIT 30UNIT 28UNIT 18
UNIT 27UNIT 26UNIT 25UNIT 24UNIT 23UNIT 22UNIT 21UNIT 20UNIT 19
UNIT "B"
UNIT 29
UNIT "A"
COMMON ELEMENT
6
5
01
4
1
1
1
UNIT "B"
T
T
I
I
TT
I
I
N
N
NNU
U
UNIT 1UNIT 2
UNIT 3UNIT 4UNIT 5UNIT 6UNIT 7UNIT 8UNIT 9
UUNIT 11UNIT 12
UNIT 13U
UNIT "A"
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Appendix “B” DSD-19-001
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
155 Westwood Drive
The City of Kitchener has received a Vacant Land Condominium application30CDM-18205for the creation of 58units and
a common element area. Each of the 58 unit areas comprise a semi-detached dwelling unitand propertywhile internal drive
aisles, visitor surface parking, safety/noise berm, landscaped areas make up the common elementsportion.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, FEBRUARY 25, 2019 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 proposals. Ifa person or public body would otherwise have an ability to appeal the decision of
the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral
submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of
these proposals, the person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the staff report contained in the
agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the meeting date
th
Floor, City Hall, 200 King Street West,
in the calendar, scroll down & select meeting), or in person at the Planning Division, 6
Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Brian Bateman,Senior Planner - 519-741-2200 ext.7869 (TTY: 1-866-969-9994); brian.bateman@kitchener.ca
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