HomeMy WebLinkAboutPSIC - 2023-06-19 - Item 4.1 - Appendix A - Draft Plan of CondominiumAppendix "A"
DSD -2023-252
DRAFT PLAN OF CONDOMINIUM 30CDM-23202
630 & 690 Benninger Drive
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 2005-170 as amended by By-law 2007-042, of the City of Kitchener, hereby
grants draft approval to Condominium Application 30CDM-23202 for 630 & 690 Benninger Drive in
the City of Kitchener, subject to the following conditions:
That this approval applies to Draft Condominium 30CDM-23202 owned by Activa Holdings
Inc., dated March 1, 2023 proposing a Vacant Land Condominium Plan for 4.44 hectares of
land comprised of 5 units and common elements.
Unit 1: Commercial space
Units 2-5: Residential units
Common Elements: Internal drive aisle, walkway, landscape area, and below grade.
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 of Development Review.
3. That prior to registration, the Owner obtain approval form the City's Addressing Analyst 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. That the Condominium Declaration proposed to be registered (the "Declaration") or any
amendment thereto to effect the registration of a condominium phase shall be submitted for
approval to the City's Manager of Development Review and Regional Municipality of
Waterloo's Commissioner of Planning, Development and Legislative Services. The said
Declaration shall contain:
i) Provisions, to the satisfaction of the City's Manager of Development Review and
Regional Municipality of Waterloo's 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, gas utilities and open space/amenity areas, if any.
In addition, the Declaration shall contain specific provisions 4 ii) through 4 vii), as outlined
below, to the satisfaction of the City's Manager of Development Review.
ii) That the condominium corporation agrees to maintain the subject lands in
compliance with approved Site Plan.
iii) Provisions that obligate the condominium corporation to be created upon the
registration of the Declaration and Description (the "Condominium Corporation") to
implement and maintain any Region required salt management plan related to
winter snow and ice clearing obligations of the Condominium Corporation;
iv) Provisions that obligate the Unit Owners of the condominium plan to implement and
maintain any Region required salt management plan related to winter snow and ice
clearing obligations of the said Unit Owners.
v) Provisions that identify if the approved condominium plan is to be phased pursuant
to the Act that ensure that:
a. the lands in the registered condominium plan created by the registration of the
Declaration and Description have either direct access or access pursuant to
one or more easements satisfactory to the City's Manager of Development
Review and the Region's Commissioner of Planning, Development and
Legislative Services to all required municipal and other services and such
adjacent street(s) for ingress and egress as required by the said Manager and
Commissioner;
b. the lands in any phase registered after the initial registration of the Declaration
and Description have, following the registration of such phase, either direct
access or access pursuant to one or more easements satisfactory to the City's
Manager of Development Review and the Region's Commissioner of Planning,
Development and Legislative Services to
c. all required municipal and other services and such adjacent street(s) for
ingress and egress as required by the said Manager and Commissioner;
d. the remainder of the lands of the approved condominium plan not yet
registered as part of the proposed condominium plan have, following the initial
registration of the Declaration and Description or any phase thereof, either
direct access or access pursuant to one or more easements satisfactory to the
City's Manager of Development Review and the Region's Commissioner of
Planning, Development and Legislative Services to all required municipal and
other services and such adjacent street(s) for ingress and egress as required
by the said Manager and Commissioner.
e. the City's Manager of Development Review and/or the Region's Commissioner
of Planning, Development and Legislative Services may require solicitors'
and/or engineers' written opinions as such Manager or Commissioner may
deem necessary to establish compliance with any one or more of the
conditions set out in the three subparagraphs immediately above.
vi) That Despite the best efforts of the Waterloo Region District School Board
(WRDSB), accommodation in nearby facilities may not be available for all
anticipated students. You are hereby notified that students may be accommodated
in temporary facilities and/or bussed to a school outside the area, and further, that
students may, in future, be transferred to another school. For information on which
schools are currently serving this area, contact the WRDSB Planning Department at
519-570-0003 ext. 4419, or email plan ning(a wrdsb.ca. Information provided by any
other source cannot be guaranteed to reflect current school assignment
information. In order to limit liability, public school buses operated by the Student
Transportation Services of Waterloo Region (STSWR), or its assigns or successors,
will not travel on privately owned or maintained right-of-ways to pick up students,
and potential busing students will be required to meet the bus at a congregated bus
pick-up point.
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vii) In order to limit risks, public school buses contracted by Student Transportation
Services of Waterloo Region (STSWR), or its assigns or successors, will not travel
on privately owned or maintained right-of-ways to pick up and drop off students,
and so bussed students will be required to meet the bus at a congregated bus
pick-up point.
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 satisfaction of the City's Revenue
Division.
8. That the Owner shall make arrangements for the granting of any easements for utilities and
municipal services. The Owner agrees to comply with the following easement procedure:
(a) to provide reference plan(s) showing the easements to Hydro, communication/
telecommunication companies, and the City, to the satisfaction of the City's
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 City's Director of
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
City's Manager of Development Review or, in the case of parkland, the City's
General Manager of Development Services; and
(d) to provide to the City's 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 uncertified site development works
as may be identified through the Site Plan process 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 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.
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ii) In the event 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, 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 prior to the initial registration and subsequent amendment phases, the Owner shall
provide documentation indicating that any required visitor parking, barrier free parking,
rights-of-way for access and easements for servicing, including the maintenance thereof,
have been provided over the lands included in preceding registrations as well as any
adjacent development lands which are included in this application to the satisfaction of the
City's Manager of Development Review.
11. That prior to the initial registration, where required, at the discretion of the Chief Building
Official, that the Owner enter into a shared servicing agreement to be registered on title, to
the satisfaction of the City Solicitor. In addition, where the shared servicing agreement is
required:
i. The Owner shall provide a written undertaking to cause the condominium corporation
created by the initial registration to enter the same shared servicing agreement after
said registration and have the agreement registered on title to the initial registration
and proposed future phases, to the satisfaction of the City Solicitor.
ii. A solicitor shall provide an undertaking not to register the shared servicing agreement
in any form other that the form approved by the City.
12. 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, 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 completed to the satisfaction of the Region of
Waterloo and a copy forwarded to the Region prior to final approval of the condominium
plan;
15. That prior to final approval, the Owner/Applicant submit a Salt Management Plan to the
satisfaction of the Region. Furthermore, the Owner/Applicant must enter into a registered
development agreement with the Regional Municipality of Waterloo to secure
implementation of the accepted Salt Management Plan, and to make provisions through
the Condominium Declaration for the implementation of the recommendations of the Salt
Management Plan, all to the satisfaction of the Commissioner of Planning, Development
and Legislative Services for the Regional Municipality of Waterloo.
16. That prior to final approval, the Owner/Applicant enter into a registered development
agreement with the Regional Municipality of Waterloo to secure implementation of the
accepted noise study entitled, "Block 131 and 132 Trussler Subdivision Noise Impact
Study Proposed Development at Ottawa Street South and Trussler Road, Kitchener,
ON" (Stantec Consulting, December 11, 2020), all to the satisfaction of the
Commissioner of Planning, Development and Legislative Services for the Regional
Municipality of Waterloo;
Notwithstanding the above, the agreement must include a provision to complete a
detailed stationary noise study for commercial Unit 1 prior to site plan approval.
17. That the Owner/Applicant include provisions through the Condominium Declaration for
the implementation of the recommendations of the noise study entitled "Block 131 and
132 Trussler Subdivision Noise Impact Study Proposed Development at Ottawa Street
South and Trussler Road, Kitchener, ON" (Stantec Consulting, December 11, 2020).
Without limiting the foregoing, the Declaration must include the following provision
related to the installation of mechanical equipment (e.g., HVAC systems) as it applies to
Unit 1,
"That commercial Unit 1 is to contain sufficiently sized mechanical and silencing
equipment so as not to exceed the Ministry of the Environment and Climate Change's
sound level limits at the closest noise -sensitive receptor, in accordance with NPC -300
Guideline or its successor."
18. That the Owner/Developer enters into an agreement with the City of Kitchener to be
registered on the title to the property that provides:
a. "All agreements of purchase and sale or leases for the sale or lease of a
completed home or a home to be completed on the Property must contain the
wording set out below to advise all purchasers of residential units and/or renters
of same."
i. "Despite the best efforts of the Waterloo Region District School Board
(WRDSB), accommodation in nearby facilities may not be available for
all anticipated students. You are hereby notified that students may be
accommodated in temporary facilities and/or bussed to a school outside
the area, and further, that students may, in future, be transferred to
another school. "
ii. "For information on which schools are currently serving this area,
contact the WRDSB Planning Department at 519-570-0003 ext. 4419,
or email planning(@wrdsb.ca. Information provided by any other
source cannot be guaranteed to reflect current school assignment
information. "
iii. "In order to limit liability, public school buses operated by the Student
Transportation Services of Waterloo Region (STSWR), or its assigns
or successors, will not travel on privately owned or maintained right-
of-ways to pick up students, and potential busing students will be
required to meet the bus at a congregated bus pick-up point."
b. That in cases where Agreements of Purchase and Sale have already been
executed, the Owner/Developer sends a letter to all purchasers which
includes the above statements a) i., ii. and iii.
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c. Prior to final approval, the WRDSB advises in writing to the Approval
Authority how the above condition(s) has/have been satisfied.
CLEARANCES:
That prior to the signing of the final plan by the City's Manager of Development Review, the
Owner shall submit a detailed written submission outlining and documenting how conditions
3 through 18 inclusive have been met. The submission shall include a brief but complete
statement detailing how and when each condition has been satisfied.
2. That prior to signing of the final plan by the City's Manager of Development Review, the
Regional Municipality of Waterloo shall notify the City's Manager of Development Review
that Conditions 4i), iii), iv), v) & vii), and 12 through 17 have been satisfied.
NOTES:
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.
3. 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.
4. 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.
5. This draft plan was received on March 12, 2023 and deemed complete on March 17, 2023
and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P.
13, as amended as of that date.
6. To ensure that a Regional Release is issued by the Region's 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.
7. 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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