HomeMy WebLinkAboutPSI Agenda - 2019-03-18
Planning & Strategic Initiatives Committee
Agenda
Monday, March 18, 2019
7:00 p.m. 7:30 p.m.
Office of the City Clerk
Council Chamber
Kitchener City Hall
nd
200 King St. W. - 2 Floor
Kitchener ON N2G 4G7
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Chair - Councillor S. Marsh Vice-Chair - Councillor D. Chapman
Consent Items
The following matters are considered not to require debate and should be approved by one motion in accordance
with the recommendation contained in each staff report. A majority vote is required to discuss any report listed
as under this section.
None.
Delegations
-law, delegations are permitted to address the Committee for a maximum of
5 minutes.
None.
Public Hearing Matters under the Planning Act (7:00 p.m. advertised start time)
This is a formal public meeting to consider applications under the Planning Act. If a person or public body that
would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at the public meeting or make written
submissions to the City of Kitchener before the by-law is passed, the person or public body is not entitled to
appeal the decision.
1. DSD-19-032 - Draft Plan of Condominium (Vacant Land) 30CDM-18207 (10 min)
- 280 Tall Grass Crescent
- Activa Holdings Inc.
(Staff will provide a 5 minute presentation on this matter)
Information Items
Unfinished Business List
Jaclyn Rodrigues
Committee Administrator
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take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 **
EPORT TO:Planning & Strategic Initiatives Committee
DATE OF MEETING:March 18,2019
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 x 7319
PREPARED BY:Craig Dumart,Junior Planner,519-741-2200 x 7073
WARDINVOLVED:Ward 4
DATE OF REPORT:February 6,2019
REPORT NO.:DSD-19-032
SUBJECT:Draft Plan of Condominium (Vacant Land) 30CDM-18207
280 Tall Grass Crescent
Activa Holdings 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 2002-164of the City of Kitchener, as amended, hereby
grants draft approval to Condominium Application 30CDM-18207for 280 Tall Grass
Crescent in the City of Kitchener, subj
*** 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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REPORT:
The owner of the subject lands, Activa Holdings Inc.is proposing a vacant land condominium
which will consist of25 units including16 residential units,9 parking units andcommon element
areas.An internal drive aisle, surfacevisitorparkingand barrier free parking spaces, walkways,
and landscaped areas will make up the common elements. 280 Tall Grass Crescenthas received
Site PlanApprovalin Principle(SP18/064/T/CD)andthe owner is activelyclearingconditions for
full Site Plan Approval to begin construction.
The subject property islocated at the intersection of Tall Grass Crescentand Thomas Slee Drive.
The property is designated Low Rise ResidentialandzonedResidential
Six Zone (R-6) with Special Regulation Provisions685R, 687R, and 689Rof
Zoning By-law 85-1.
Theresidential development consisting of four multiple dwellingbuildings with a total of 16residential
units is
-law 85-1.
Acopy of the approved Site PEThe proposed Vacant
Land CondominiumPlanis consistent with the approved Site Plan.The vacant land condominium
application proposes to createunits 1through 25and a common element areaas shown on the
Vacant Land CondominiumPlan(attached as Appendix A).Note that a site servicespermit has
been issued and full constructionof the residential townhouse developmentis anticipate to start
imminently.
The purpose of the vacant land condominiumapplicationis topermit the individual ownership
(tenure)of each of the residentialunits within the multiple dwelling buildings and individual
ownership of the parking units.
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
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 withthe policies of the Growth Plan.
Regional Official Policies Plan (ROPP) & Regional Official Plan (ROP)
Regional Official Plan. The proposal conforms to the policies of this plan. Through the review of
the application, the Region of Waterloo has no objections to draft approval of Plan of
Official Plan
located within the Low Rise Residentialdesignation in the Official Plan are intended to
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accommodate a full range of housing types such as low rise multipledwelling residential
developments. Integration of different forms of housing achieve a low overall intensity of use.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
vision through
the delivery of core service.
AGENCY COMMENTS:
Commenting agencies and City departments have no concerns with the proposed Vacant Land
Condominium. The comments received have either been addressed or included as conditions of
draft approval as recommended in the report. All
COMMUNITY ENGAGEMENT:
INFORM and CONSULT The Application was circulated to property owners within 120 metres
of the subject lands on November 27,2018as per Planning Act requirements. This report will be
e meeting.
resident had concerns with the design and location of the buildings.
Planning staff responded to the resident and explained the proposed applicationis for the change
of tenure(creation ofunits)and that the technical review for the design and location of the
buildings and the entire sitewere reviewed during the Site Plan process which complies with all
zoning regulationsand has received Approval in Principle.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of the March 18, 2019public meeting of the Planning & Strategic Initiatives Committee will
be advertised in The Record on February 22, 2019. The newspaper notice is attached as
The notice will also be posted on the City of Kitchener website at www.kitchener.ca.
CONCLUSION:
The recommendations contained within this report will permit the individual ownership ofeach of
theunits within themultiple dwelling buildingsand parking units. The proposed development
conforms to Provincial, Regional, and City plans, it is compatiblewith surrounding land uses,and
represents good planning. As such, staff recommend that draft plan of condominium 30CDM-
18207, be approved subject to the conditions outlined in this report.
REVIEWED BY:Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services Department
Attachments
Draft Approval Conditions andDraft Plan of Condominium 30CDM-18207
Newspaper Notice
AppendiDepartment and Agency Comments
AppendiAdjacent Landowner Comment
Approved Site Plan
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DSD-19-032
DRAFT PLAN OF CONDOMINIUM 30CDM-18207
280 Tall Grass Crescent
Activa Holdings Inc.
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 CondominiumApplication 30CDM-18207for 280 Tall Grass Crescentin the City of
Kitchener, subject to the following conditions:
1.That this approval applies to Draft Condominium 30CDM-18207owned byActiva Holdings
Inc.,dated January 24,2019proposing a Vacant LandCondominium Planfor0.825
hectares of land comprised of 25units and commonelements.
Units1-16:Residential units within 4 multiple dwelling buildings.
Units 17-25:Surfaceparking units
Common Elements:Internal drive aisles, surface parking(including barrier and visitor
spaces), walkways, and landscaped areas.
2.That the final plan shall be prepared in general accordance with the above noted plan,
3.Thatprior to registration, the OwnerobtainAnalyst of
the following:
A.An addressing plan showing the proposed units with Condominium Unit
Numbering; and;
B.A summary table containing the proposed Condominium Unit Numbering and
assigned municipal addresses.
4.The Owner shall submit a draft
of Planning, Development and Legislative Services. The said Declaration shall contain:
i)provisions, to the satisfaction o
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 provisions3ii) through 3ix), as outlined
ii)That private sidewalks, driveways and parking areas be maintained in a snow free
condition and void of any obstructions 12 months of the year.
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iii)That the condominium corporation agrees to develop and maintain the subject
lands in compliance with approved Site Plan.
iv)That access rights to Kitchener-Wilmot Hydro Inc. facilities on the subject property
will be maintained.
v)That the home mail delivery will be from a designated Centralized Mail Box.
vi)That easements, as may be required, for servicing and/or access across 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.
vii)That the Condominium Corporation and Unit Owners, would at their expense, be
obligated to implement and maintain the approved Salt Management Plan related
to winter snow and ice clearing.
viii)Include the following noise warning clausesfor in any agreements or offers of
purchase and sale, lease/rental agreements and/or condominium declarations:
a)All units in the proposed development:
traffic on Blair Creek Drive may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the Region
b)All three units adjacent to Blair Creek Drive/Thomas Slee Drive (Units 8, 9, and
11)are to have provision for an air conditioning system.
c)All three units adjacent to Blair Creek Drive/Thomas Slee Drive (Units 8, 9 and
11)must include the following clause in any agreements or offers of purchase and
sale, lease/rental agreements, and or condominium declarations:
e provision for adding central air
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
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 4 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
Division.
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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
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;
(c)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
Manager of Development Review
General Manager of Development Services; and
(d)Manager of Development Review, a clearance letter from
each of Hydro, Bell Canada and other 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.
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 uncertifiedsite development works
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 works have
not been completed and certified in conformity with the approved designs, 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 provided with a renewal
of the Letter(s) of Credit forthwith.
ii)In the event that the Owner fails to complete the required site development works,
by the owner that the City, its employees, agents or contractors may enter on the
lands and so complete and/or certify the required site development works to the
extentof 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, theCity may by by-law exercise its authority under Section 326 of
the Municipal Act to have such works completed and to recover the expense
incurred in doing so in like manner as municipal taxes.
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iii)Other forms of performance security may be substituted for a Letter(s) of Credit,
at the request of the owner, provided that approval is obtained from the City
Treasurer and City Solicitor.
10.That the Owner designates and signs a minimum of 4 parking spaces as "Visitor Parking"
including2 Barrier Free sin accordance with the
approved Site Plan.
11.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.
12.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;
13.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;
14.That prior to final approval, the Owner/Applicant enters into a Registered Development
Agreement with the City of Kitchener to include the following noise mitigation and warning
clauses in any agreements or offers of purchase and sale, lease/rental agreements and/or
condominium declarations:
a)All units in the proposed development must include the following noise warning clause
in any agreements or offers of purchase and sale, lease/rental agreements, and/or
condominium declarations:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
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."
b)All three units adjacent to Blair Creek Drive/Thomas Slee Drive (Units 8, 9, and 11) are
to have provision for an air conditioning system.
c)All three units adjacent to Blair Creek Drive/Thomas Slee Drive (Units 8, 9 and 11) must
include the following clause in any agreements or offers of purchase and sale, lease/rental
agreements, and or condominium declarations:
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
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15.That prior to final approval, the Owner/Applicant will prepare a Salt Management Plan
(SMP) to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services, and include in the Condominium Declaration provisions for
implementation of the recommendations of the SMP;
CLEARANCES:
1.Manager of Development Review,
the Owner shall submit a detailed written submission outlining and documenting how
conditions 3 through 15inclusive have been met. The submission shall include a brief but
complete statement detailing how and when each condition has been satisfied.
2.Manager of Development Review, the
Regional MunicipalManager of Development Review
that Conditions 4i), vii),viii)and 12through 15have been satisfied.
NOTES:
1.The owner is advised that the provisions of the Development Charge By-laws of the City
of Kitchener and the Regional Municipality will apply to any future development on the
site.
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 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 advise the Regional Municipality of
Waterloo Department of Planning, Development and Legislative Services and the City of
Kitchener Development 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 96-
025, 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 was received on July20, 2018 and deemed complete on July 25,2018and
shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13,
as amended as of that date.
7.
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
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plans comply with the terms of the approval, and we have received assurance from the
Regional Municipality of Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the Manager of Development Review 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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DSD-19-032
Appendix B
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
280 Tall Grass Crescent
The City of Kitchener has received an application for a vacant land condominium consistingof 16 residential
units, 9 parking units and common element areas. An Internal drive aisle, surface visitor parking and barrier
free parking spaces, walkways, and landscaped areas will make up the common elements.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council
which deals with planning matters on:
MONDAY, March 18, 2019at 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 proposal. If a person or public body would otherwise have an ability to
appeal the decisionof 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 this proposal, the person orpublic body is not entitled to
appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the
th
Calendar of Events and select the appropriate committee), or in person at the Planning Division, 6Floor, City
Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Craig Dumart,JuniorPlanner - 519-741-2200 x 7073 (TTY: 1-866-969-9994);craig.dumart@kitchener.ca
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CAD FILE:
SP18064TCD.dwg
)
1.75 spaces per unit
0.15M HIGH POURED CONCRETE CURBING
Visitor Parking Required - 4Visitor Parking Provided - 4 MULTI-RESIDENTIAL Number of Units - 16Number of Visitor Spaces - 4Floor Space Ratio - 0.4NOTE: ALL ASPHALT AREAS TO BE DEFINED
WITHGARBAGE STORED INTERNAL IN UNITS UNTILPRIVATELY PICKED UP.
SITE STATISTICS Zoning - R6, 685R, 687R, 689RC of A Application -(
Parking Required - 28Parking Provided - 45Barrier Free Parking Required - 2 (1 Type A, 1 Type B)Barrier Free Parking Provided - 2 (1 Type A, 1 Type B)Parking Space Minimum Dimensions-
2.6m x 5.5m
DEVELOPMENT SERVICES DEPARTMENT
City of Kitchener
SITE PLAN APPLICATION No. SP18/064/T/CD LEGAL DESCRIPTION: Block 71, 58M-611
REVISED:
5
2
20
5
1
0
1
5
0
SCALE 1: 1,250DATE:JULY 20, 2018
SITE PLAN
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ACTIVA HOLDINGS INC.280 TALL GRASS CRESCENT
PLANNING & STRATEGIC INITIATIVES COMMITTEE
Page 1UNFINISHED BUSINESS2019-03-18
SUBJECT (INITIATOR)DATE TARGETSTAFF
INITIALLYDATE/STATUSASSIGNED
CONSIDERED
Financial implications analysis of enhanced 2012-06-18Future PSI B.Sloan
streetscape options for Fischer Hallman Rd design (PSI)Meeting
improvements (over and above baseline capital and
operating budgets)
IF1 - 1