HomeMy WebLinkAboutDSD-19-188 - 30CDM-19204 - 800 Fairway Road North - Waterloo Region District School BoardEPORT TO:Planning & Strategic Initiatives Committee
DATE OF MEETING:September 30,2019
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 x 7319
PREPARED BY:Craig Dumart,Planner,519-741-2200 x 7073
WARDINVOLVED:Ward 1
DATE OF REPORT:August 28,2019
REPORT NO.:DSD-19-188
SUBJECT:Draft Plan of Condominium (Vacant Land) 30CDM-19204
800 Fairway Road North
Waterloo Region District School Board
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-19204for 800 Fairway Road
Northin the City of Kitchener, subj
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REPORT:
The owner of the subject lands, Waterloo Region District School Boardis proposing a vacant
land condominium which will consist of 9 units and common element areas. A vacant land
condominium is like a plan of subdivision except the road is privately-owned rather than
publically-. Units 1
through 4 will create future development blocks. Unit 5 containsan elementary school with
landscaped areas and surface parking. Units 6 through 9 will contain ground supported signs.
An internal private roadway, walkways, landscaped areas and a stormwater management pond
will make up the common element areas. 800 Fairway Road North has received Site Plan
Approvalin Principle(SP15/089/F/APMaster Site Plan)and the owner is activelyclearing
conditions for full Master Site Plan Approval.
The Master Site Plan layout contains the existing elementary school site (fully approved through
site plan SP15/090/F/AP) the private street and outlines development blocks for future mixed
use developments. Each future development block will require individual site plan approval.
The property islocated at the intersection of Fairway Road Northand Lackner Boulevard. The
property is designated Mixed UseandzonedMixed Use Corridor Zone
(MU-2)with Special Regulation Provisions 1R, and662R, Special Use Provision 443U, and
Holding Provisions 1HSR and 74H in the City Zoning By-law 85-1.
Themixed usedevelopment consisting of an elementary school, private street and future mixed
use development landsis
-law 85-1.Acopy of the approved Site Plans areattached as
EThe proposed Vacant Land CondominiumPlanis consistent with
the approved Site Plans.The purpose of the vacant land condominiumapplicationis topermit
the individual ownership(tenure)of each of the 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.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe
9Growth
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 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
The subject property is
within the Mixed Use designation in the Official Plan are intended to achieve an appropriate mix
of commercial, residential and institutional uses on lands designated Mixed Use. Lands
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designated Mixed Use are transit-supportive, walkable, and integrated and interconnected with
other areas of the city.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
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. Allcomments are provided in
COMMUNITY ENGAGEMENT:
INFORM and CONSULT The Application was circulatedto property owners within 120 metres
of the subject lands June 19, 2019 as per Planning Act requirements. This report will be posted
enda in advance of the committee meeting.
resident had concerns that the proposed plan of condominium would result in more people and
more traffic.
Planning staff responded to the resident and explained the proposed application is for the
change of tenure (creation of units) and that the application is to create vacant units similar to
creating lots in a plan of subdivision.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of the September 30,2019public meeting of the Planning & Strategic Initiatives
Committee will be advertised in The Record on September 6, 2019. The newspaper notice is
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 thesubject lands. The proposed development conforms to Provincial, Regional,
and City plans, it is compatible with surrounding land uses,and represents good planning. As
such, staff recommend that draft plan of condominium 30CDM-19204, 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-19204
Newspaper Notice
AppendiDepartment and Agency Comments
AppendiAdjacent Landowner Comment
Approved Site Plans
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DSD-19-188
DRAFT PLAN OF CONDOMINIUM 30CDM-19204
800 Fairway Road North
Waterloo Region District School Board
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-19204for 800 Fairway Road Northin the City of
Kitchener, subject to the following conditions:
1.That this approval applies to Draft Condominium 30CDM-19204owned byWaterloo
Region District School Board,dated April 16, 2018proposing a Vacant Land
Condominium Planfor5.68hectares of land comprised of 9units and commonelements.
Units1-4future development blocks.
Unit 5:contains an elementary school with landscaped areas and surface parking.
Units 6 through 9: ground supported signs.
Common Elements: Internal private roadway, walkways, landscaped areas and a
stormwater management pond
2.That the final plan shall be prepared in general accordance with the above noted plan,
Review.
3.Thatprior to registration, the Ownerobtain
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 Condominium
of Planning, Development and Legislative Services. The said Declaration shall contain:
i)provisions, to the satisfaction of the Region
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 provisions4 ii) through 4viii), as
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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.
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 andmaintain 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:
Units 1 to 5:
vacant land condominium are located within or in close proximity to one of the
flight paths leading into and out of the Region of Waterloo International Airport,
and that aircraft noise and directional lighting along this flight path may cause
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 obtain a tax certificate from the City of Kitchener to verify that there
Division.
7.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/
Manager of Development Review;
(b)to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the Ci
Engineering Services for municipal services;
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(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
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.
8.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
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 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
agreed 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 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
the 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 approval is obtained from the City
Treasurer and City Solicitor.
9.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 orother communication/telecommunication company.
10That prior to final approval of all or any part of this plan of condominium, the Owner enter
into an agreement with the Regional Municipality of Waterloo to prepare a Salt
Management Plan prior to site plan approval for Units 1 to 4, all inclusive, to the
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Services. The salt management plan must indicate to the Region winter maintenance
procedures such as the quantity and type of snow/ice melting materials used, the
storage and handling of these materials, and the storage of snow cleared from the
parking areas,
11.That prior to final approval of all or any part of this plan of condominium, the Owner enter
into an agreement with the Regional Municipality of Waterloo to complete a detailed road
traffic noise study prior to site plan approval for Units 1 to 4, all inclusive; and
furthermore, provision be included to amend the agreement if necessary to provide for
implementation of such future noise study, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
12.That prior to final approval of all or any part of this plan of condominium, the Owner enter
into an agreement with the Regional Municipality of Waterloo to include the following
warning clause in all agreements of purchase and sale and/or rental agreements for
Units 1 to 5:
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condominium are located within or in close proximity to one of the flight paths leading
into and out of the Region of Waterloo International Airport, and that aircraft noise and
directional lighting along this flight path may cause concern to some indiv
13.That prior to final approval of all or any part of this plan of condominium, the Owner enter
into an agreement with the Regional Municipality of Waterloo to include the warning
clause in Condition 12above, in any sign content posted for information on the
Commissioner of Planning,
Development and Legislative Services.
14.That the Owner makes provision in the Condominium Declaration for the following, to the
Commissioner of Planning, Development and Legislative
Services:
a)that the Unit owner be responsible for implementation of the accepted road salt
management plan identified in Condition 10above related to outdoor winter
maintenance procedures for the subject development; and
b)that the warning clause in Condition 12be included in the declaration.
15.That the Owner provides the Regional Municipality of Waterloo with a draft of the final
Condominium Declaration for registration.
16.That prior to final approval of all or any part of this plan of condominium, the Owner
provides the Region with a copy of the agreement registered by the City of Kitchener
against the lands to which it applies, to the satisfaction of the Regional 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
provide the Region with compliance and performance monitoring results to date as
Chicopee Hills, Kitchener (Fairway Rd. / Lackner Blvd.)
Environmental Impact Study(Stantec, February 26, 2014), to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
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18a)That the owner enter into an Agreement for Servicing with the Regional Municipality of
Waterloo to preserve access to municipal water supply and municipal wastewater
treatment services prior to final approval or any agreement for the installationof
underground services, whichever comes first. Where the owner has already entered into
an agreement for the installation of underground servicing with the area municipality,
such agreement shall be amended to provide for a Regional Agreement for Servicing
prior to registration of any part of the plan. The Regional Commissioner of
Transportation and Environmental Services shall advise prior to an Agreement for
Servicing that sufficient water supplies and wastewater treatment capacity is available
for this plan, or the portion of the plan to be registered;
18b)That the owner include the following statement in all agreements of lease or purchase
and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the
registration of this plan:
purchase and sale are not yet registered as a plan of subdivision. The fulfillment of all
conditions of draft plan approval, including the commitment of water supply and sewage
treatment services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the purchaser should be aware
that the vendor is making no representation or warranty that the lot, lots, block or blocks
which are the subject of this agreement or lease or purchase and sale will have all
conditions of draft plan approval satisfied, including the availability of servicing until the
CLEARANCES:
1.Manager of Development Review,
the Owner shall submit a detailed written submission outlining and documenting how
conditions 3 through 18inclusive 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
Reviewthat Conditions 4i), vii),viii)and 11 through 18have 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
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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 July20April 1, 20198and deemed complete on July
25April 1,20198and 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 priorto 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 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
9.The Owner is advised that the lands, or a portion of the lands, are subject to the Region
of Waterloo International Airport Zoning Regulationsissued under the federal
Aeronautics Act. The purpose of the Regulations is two-fold: 1) to prevent lands
adjacent to or in the vicinity of the Region of Waterloo International Airport site from
being used or developed in a manner that is incompatible with the safe operation of the
airport or an aircraft; and 2) to prevent lands adjacent to or in the vicinity of facilities used
to provide services relating to aeronautics from being used or developed in a manner
that would cause interference with signals or communications to and from aircraft or to
and from those facilities.
of the restrictions under these Regulations which may include but not limited to height
restrictions on buildings or structures, height of natural growth, interference with
communications, and activities or uses that attract birds.
10.The Owner is advised that the lands, or a portion of the lands, may be subject to
Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics
Act. This Standard allows aviation officials to assess individual obstructions, namely
buildings, structures or objects, to determine if they are likely to constitute a hazard to air
navigation and consequently require marking and/or lighting in accordance with the
Standards. Persons planning to erect an obstruction, namely a building, structure or
object, including a moored balloon, either permanently or temporarily, should contact the
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Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952-
0248 as early as possible and provide the necessary information on the planned
obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by
Transport Canada.
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-19-188
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
800 Fairway Road North
The City of Kitchener has received an application for a vacant land condominium consistingof 9unitsand
common elementareas. Units 1 through 4 will create future development blocks. Unit 5 contains an elementary
school with landscaped areas and surface parking. Units 6 through 9 will contain ground supported signs. An
internal private roadway, walkways,landscaped areas and a stormwater management pond will make up the
commonelement areas.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council
which deals with planning matters on:
MONDAY, September 30, 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 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 this proposal, the person or public 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, Planner -519-741-2200 x 7073(TTY: 1-866-969-9994);craig.dumart@kitchener.ca
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