HomeMy WebLinkAboutDSD-20-079 - Draft Plan of Condominium Vacant Land 30CDM-19205 625 Blair Creek DrREPORT TO:Planning & Strategic Initiatives Committee
DATE OF MEETING:August 10,2020
SUBMITTED BY:Della Ross,InterimDirector of Planning, 519-741-2200 x 7327
PREPARED BY:Eric Schneider,Planner,519-741-2200 x 7843
WARDINVOLVED:Ward 4
DATE OF REPORT:June 30,2020
REPORT NO.:DSD-20-079
SUBJECT:Draft Plan of Condominium (Vacant Land) 30CDM-19205
625Blair Creek Drive
Hallman Construction 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-19205for625Blair Creek Drive
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, Hallman ConstructionInc.is proposing a vacant land
condominium which will consist 21 single detached residential unitsandcommon element areas.
An internal drive aisle, surfacevisitorparkingand barrier free parking spaces, walkways, and
landscaped areas will make up the common elements. 625Blair Creek Drivehas received Site
PlanApprovalin Principle(SP19/068/B/ES)and the owner is activelyclearingconditions for full
Site Plan Approval to begin construction.
The subject property islocated on the south side of Blair Creek Drive between Doonwoods
Crescent and Groh Drive scenic corridor. The property is designated Low Rise Residentialin the
andzonedResidential ThreeZone (R-3) with Special Regulation Provision
493R,in the CityZoning By-law 85-1.
Theresidential development consisting of 21 lots to be developed with single detached dwellingsis
Zoning By-law 85-1.
Acopy of the approved Site Plan is attached as Efor reference. The proposed Vacant
Land CondominiumPlanisconsistent with the approved Site Plan.The vacant land condominium
application proposes to createunits 1through 21and a common element areaas shown on the
Vacant Land CondominiumPlan(attached as Appendix A).
The purpose of the vacant land condominiumapplicationis topermit the individual ownership
(tenure)of each of the residentiallots within the private street.
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
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.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
strategic 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 onOctober 7, 2019as per Planning Act requirements. This report will be
Staff received one written response from a nearby land owner (
resident had concerns with stormwater runoff and privacy.
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 designof stormwater
management infrastructure and the provision of a privacy fence were reviewed during the Site
Plan process which complies with all zoningregulationsand has received Approval in Principle.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of the August 10, 2020public meeting of the Planning & Strategic Initiatives Committee
will be advertised in The Record onJuly 17,2020. The newspaper notice is attached as Appendix
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
theunitsto be used as lots for single detached dwellings. 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-19205, be
approved subject to the conditions outlined in this report.
REVIEWED BY:Janine Oosterveld,Manager of Site Development and Customer Service
ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services Department
Attachments
Draft Approval Conditions andDraft Plan of Condominium 30CDM-19205
Newspaper Notice
AppendiDepartment and Agency Comments
AppendiAdjacent Landowner Comment
Approved Site Plan
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DSD-20-079
DRAFT PLAN OF CONDOMINIUM 30CDM-19205
625 Blair Creek Drive
Hallman Construction 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-19205for625 Blair Creek Drivein the City of
Kitchener, subject to the following conditions:
1.That this approval applies to Draft Condominium 30CDM-19205owned byHallman
ConstructionInc.,dated May 6,2019proposing a Vacant LandCondominium Planfor
1.635hectares of land comprised of 21units and commonelements.
Units1-21:Residential lots for single detached dwellings.
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 Ownerobtain
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.
of Planning, Development and Legislative Services. The said Declaration shall contain:
i)provisions
Commissioner of Planning, Development and Legislative Services, regarding
ownership details and rights and obligationsfor 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.
iii)That the condominium corporation agrees to develop and maintain the subject
lands in compliance with approved Site Plan.
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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.
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
are no outstanding taxes on the subject property to the
Division.
8.That the Owner shall make arrangementsfor 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 th
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.
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9.That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100
percent of the remaining cost of all outstanding and/or uncertified site development 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,
to the satisf
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.
10.That the Owner designates and signs a minimum of 5parking spaces as "Visitor Parking"
including1Barrier Free n 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 Applicant/Owner agrees to stage development of this condominium in a manner
satisfactory to the Regional Commissioner of Planning, Development and Legislative
Services and the City of Kitchener, including any easements or other requirements as a
result of staging;
13.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;
14.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;
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15.That prior to final approval, the Region review and accept the salt management plan
;and
furthermore that the condominium declaration include provisions for implementation of the
accepted Salt Management Plan, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services for the Regional Municipality of Waterloo.
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
Manager of Development Review
that Conditions 4i), vii), 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 draftapproval and
registration release of plans of condominium.
6.This draft plan was received on May 8, 2019and deemed complete on May 15,2019and
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.
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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
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-20-079
Appendix B
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND AN ELECTRONICPUBLIC MEETING TO DISCUSS
A PROPOSED VACANT LAND CONDOMINIUM
UNDER SECTION 51 OF THE PLANNING ACT
625 Blair Creek Drive
The City of Kitchener has received an application for a vacant land condominium consistingof 21residential
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.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, anelectronic
public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which
deals with planning matters,on:
Monday,August 10, 2020at 7:00 p.m.
(live-stream video available at kitchener.ca/watchnow)
If you wish tomake written and/or verbal commentseither in support of, or in opposition to, the above noted
proposalyou may register as a delegation at kitchener.ca/delegationsor by contacting Legislated Services at
519-741-2200 ext. 2203by no later than 4:00 p.m. on August 10, 2020.Aconfirmation email and instructions
for participating in the meeting electronically with be providedonce your registration is received.
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 belowor byviewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the
Calendar of Events and select the appropriate committee).
Eric Schneider,Planner -519-741-2200 x 7843(TTY: 1-866-969-9994);eric.schneider@kitchener.ca
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DEVELOPMENTSERVICES DEPARTMENT
BUILDING DIVISION
Robert Schipper, CBCO
Manager of Building
City Hall, P.O. Box 1118
th
200 King St. W., 5Floor
Kitchener, Ontario
Canada, N2G 4G7
Phone: (519)741-2836
Fax: (519 741-2775
robert.schipper@kitchener.ca
October 7, 2019
Attn: Hallman Construction Ltd.
Subject: Draft Approval -Plan of Condominium (Vacant Land) application 30CDM-
19205for Blair Creek Drive, Ontario
Building Division has no concerns with the Plan of Condominium application.
The projecthas not yet commenced construction. We will be addressing any Building
Code deficiencies through the building permit process, under the authority of the Ontario
Building Code and Building Code Act.
Thankyou for giving us this opportunity to respond to this application.
Sincerely,
Robert Schipper,CBCO
Manager of Building
c.c. Eric Schneider
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#®¬¬¤³ &®±¬
Application for Draft Approval Plan of Condominium (Vacant Land)
Location: 625 Blair Creek Drive
Owner: Hallman Construction Inc.
1.What do you like or dislike about the requested Vacant Land Condominium
Application?
As a property owner adjacent to proposed units (8,9,10) I would like to have
assurance that our downgradient property will not be impacted by any stormwater
runoff from the proposed development. I like the 7.5M servicing easement
separating our property with the proposed development, but would like to ensure
that adequate fencing and privacy landscaping in the form of cedar trees/hedge is
added to provide privacy and security to the existing residential properties to the
south of the proposed development, such as my property. Would like an adequate
easement/separation distance and clarification on what is allowed/not allowed
within the easement perimeter.
Additional Comments:
How will stormwater be managed to ensure zero impact to downgradient
properties that are on well water? Proposed development should extend services
through the servicing easement (e.g. fibre internet, city water line) to downgradient
residential properties that would benefit from these additional vital services.
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