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HomeMy WebLinkAboutDTS-10-012 - Draft plan of condominium 30CDM-09205 - 10 Foxglove CresKITCHER Development & Technical Services REPORT T0: Development and Technical Services Committee DATE OF MEETING: January 11, 2010 SUBMITTED BY: Alain Pinard, Interim Director of Planning (519-741-2319) PREPARED BY: Alexandra Pires, Planning Technician (519-741-3400 ext. 3177) WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 10, 2009 REPORT NO.: DTS-10-012 SUBJECT: DRAFT PLAN OF CONDOMINIUM 30CDM-09205 FREURE CROSSROADS LIMITED 10 FOXGLOVE CRESCENT /~v O O o~/ ~~]~ ~~~Y~ ~~f k 4 ,~ F~~CG L~~f E ~F~ES .•+~. ~r ~r° ~. d' ~~ .ter _ ~ i ~~ ;.. ~ ~,. "`5 ~ _ y G,~y~ 6r ~~a ,R}L\5 sn Y ~.f*~L' ~~ •Y ~', ~~ ~~ ~~ ~~~ ~ Figure 1: Subject Site -10 Foxglove Crescent EXECUTIVE SUMMARY: The Planning Division has received an application for a common elements plan of condominium for 0.43 ha of land comprised of a road with parking spaces, a walkway and a central amenity area. The subject site is located at 10 Foxglove Crescent as shown in Figure 1 above. The applicant is 3-1 proposing to construct 48 townhouse units which will be freehold in tenure. The proposed draft plan (see attached) identifies the common elements and the surrounding Parcels of Tied Land (POTL) containing the 48 townhouse units and 25 secondary parking spaces which will then be tied to the common elements portion of the plan. The individual freehold townhouse units and secondary parking spaces will be created through a Part Lot Control Application to be submitted in the near future in accordance with the City's Parcels of Tied Lands Policy. A site plan application has been approved for this site (SP08/103/F/SR). 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 2002-164 as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-09205 for 10 Foxglove Crescent in the City of Kitchener, subject to the following conditions: 1. That this approval applies to Draft Plan of Condominium 30CDM-09205 for Freure Crossroads Limited prepared by GSP Group Inc., dated August 24, 2009, proposing a common elements plan of condominium for 0.43 ha of land comprised of the road with parking spaces, including at least one space for each POTL townhouse unit and visitor parking, walkway and a central amenity area. 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 the Owner submit a draft Condominium Declaration, for approval by the City's Manager of Development Review, containing the following provisions: i) That common element walkways, driveways and parking areas be maintained in a snow free condition and void of any obstructions 12 months of the year. ii) That the Condominium Corporation agrees to maintain the common elements in compliance with the site plan approved by the City's Supervisor of Site Development, for the life of the development on the common elements. iii) That the common elements may be subject to water, stormwater and sanitary easement agreements with utility suppliers and the City of Kitchener for access and/or maintenance purposes. iv) That home mail delivery will be from a designated Centralized Mail Box located within the common element portion of the plan. v) That a private contractor will pick up and dispose of all recyclables and other waste materials from the common element portion of the plan. vi) That the Owner implements the recommendations outlined in the approved Salt Management and Reduction Plan with respect to the common elements. 3-2 4. 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 3 hereof. 5. That the Owner shall make satisfactory arrangements 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: a) to provide reference plan(s) showing the easements to Hydro, and telephone companies and the City, to 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; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the City, the Subdivider 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 e) 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 company has received all required grants of easement, or alternatively, no easements are required. 7. 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 or other private utility company. 8. 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. 9. That the Owner develop and maintain the site in compliance with the approved site plan dated May 12, 2009 and the Site Plan Agreement registered as Instrument No. WR464830. 10. 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 to the satisfaction of the City's Manager of Development Review. 3-3 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 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 satisfaction of the City's Manager of Development Review, then it is agreed by the Owner that the City, it's employees, agents or contractors may enter on the lands and so complete andlor 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 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. 11. 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. 12. That the project surveyors 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. 13. That the City of Kitchener had been provided with the deposited reference plan that will describe the proposed Parcels of Tied Land and that said reference plan reflects the approved Site Plan and engineering drawings. 14. That a certificate has been received by the City of Kitchener from an Ontario Land Surveyor confirming that all proposed foundation walls for the site have been constructed and that the boundaries of the parts of the deposited reference plan insofar as the same relate to the dividing one proposed Parcel of Tied Land 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 Parcel of Tied Land lies beyond a party wall foundation wall, or the deposited reference plan describing the Parcels of Tied Lands must show the location of the foundation walls to the satisfaction of the City of Kitchener. 15. That an irrevocable undertaking irrevocably authorized by the proposed Declarant has been obtained from the proposed Declarant's solicitor and surveyor to register the declaration and description plans for the proposed Plan of Condominium forthwith upon: i) the passage and registration of the Part Lot Control Exemption By law; and 3-4 ii) signing of the description plan approval or exemption box on the description plans by the City of Kitchener and that the proposed Declarant undertakes to the City of Kitchener that there shall be no conveyance of the Parcels of Tied Land until such time as the Plan of Condominium description and declaration have been registered on title The City of Kitchener may withhold registration of the Part Lot Control Exemption Bylaw pending the City of Kitchener solicitor making escrow arrangements with the solicitor for the proposed Declarant that are satisfactory to the City of Kitchener solicitor to ensure the proposed declaration is registered immediately following the registration of the Part Lot Control Exemption Bylaw. 16. That the Condominium Declaration be forwarded to the Commissioner of Planning, Housing and Community Services for the Regional Municipality of Waterloo prior to final approval of the condominium plan. 17. That the Owner agrees to stage the development of this condominium in a manner satisfactory to the Commissioner of Planning, Housing and Community Services and the City of Kitchener, including any easements or other requirements as a result of staging. 18. That the Owner prepare a Salt Management and Reduction Plan to indicate to the Regional Municipality of Waterloo, methods to be used to reduce the application of road salt to driveways and parking areas. CLEARANCES: 1. 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 15 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, Housing and Community Services that Conditions 16 to 18 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief but complete statement detailing how each condition has been satisfied. 3. That prior to the signing of the final by the City's Manager of Development Review, the Manager shall be advised by the telephone company that Conditions 6 and 7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 4. That prior to the signing of the final plan by the City's Manager of Development Review, the Manager shall be advised by Kitchener Wilmot Hydro that Condition 6 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how this condition has been satisfied. 5. That prior to the signing of the final plan by the City's Manager of Development Review, the Manager shall be advised by Canada Post that Condition 8 has been carried out 3-5 satisfactorily. The clearance letter should contain a brief statement as to how this condition has been satisfied. NOTES: 1. The ownerldeveloper is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality of Waterloo 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, Housing and Community Services and the City of Kitchener Department of Development and Technical Services of any changes in ownership, agent, address and phone number. 5. The owner/developer 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 application was received on September 1, 2009 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. 7. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Housing and Community 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 can not 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 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'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 One (1) original Mylar Six (6) white paper prints One (1) digital copy 3-6 REPORT: The subject lands are located at 10 Foxglove Crescent, legally described as Part of Block 8 of Registered Plan of Subdivision 58M-55. The lands are zoned Residential Six (R-6) and are designated as Low Rise Residential in the City's Official Plan. Site Plan Approval for the creation of a 48 townhouse unit development (see Appendix C) was granted in May 2009. The proposed draft plan of condominium (see Appendix A) identifies the common element walkways, driveways and parking areas and the surrounding Parcels of Tied Land (POTL) which contain the 48 freehold townhouse units and 25 secondary parking spaces. In accordance with the City's Parcels of Tied Lands Policy, the individual freehold townhouse units and secondary parking spaces will be created through a Part Lot Control Application to be submitted in the near future. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNICATION: A.ec~ncy and Department Circulation This plan was circulated to all required agencies and city departments on September 15, 2009. The comments received have either been addressed or included as conditions of draft approval as noted in the report. Neighbourhood Circulation In accordance with Ontario Regulation 544106, a newspaper advertisement was published in the Waterloo Region Record on December 18, 2009 advising the date of the public meeting to be held at the Development and Technical Services Committee Meeting on January 11, 2010. CONCLUSION: Authority to grant draft approval for plans of condominium has been delegated to the Manager of Development Review by Council. However, changes to Ontario Regulations (Ontario Regulation 544/06) of the Planning Act requires a public meeting to be held for common elements and vacant land plans of condominium. As such, a statutory public meeting is required for this proposed common element plan of condominium, being the Development and Technical Services Committee Meeting on January 11, 2010. It is anticipated that draft approval will be considered at the Council meeting on January 18, 2010. Therefore, Staff recommend that draft plan of condominium 30CDM-09205, affecting 10 Foxglove Crescent, be approved subject to the conditions outlined in this report. Reviewed by: • Della Ross, Manager of Development Review • Alain Pinard, Interim Director of Planning ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services 3-7 Attachments Appendix A: Plan of Condominium Appendix B: Newspaper Advertisement Appendix C: Approved Site Plan Appendix D: Department/Agency Post-Circulation Comments 3-8 ~~ ~~ N ~ nC~ L ;y .~nn ~y A~, 41 ~ 5~ W ~.4 ~ `"~ '{} p ~ a '~ rn ~ ~'g ° ~ U ~ u. ~ ~ C1 ~ •~ ~ ~ £L DTS Report No. DTS - i( - Appendix " w q W U Q7 U,I ~§ G1 7 u ~ ~. t~ 1~ iw. y3; R.t 4+;F Y3 ~ K 0 a ~iu ~ ~v S~ - ~ ~ ~g er Qom` ~ ® U ~~' ~' ~ ~ ~ W ^~». ~~ ~ 0. R ly ~~ ( ~~~ ~ ~ ,~( C7 U ~~ ~ :~:F+--.r::«;,:.;..~ ~. ~ j ' ~` .(] t ~ 2 - ~ _ '?via E3i:cwaxmr ~~: rY Rt.YY i ~~ xxnaaura~ ~ ~ ~ •rcxa,a~~±e?.r . .. _. _ ~;~~~ e~"N. ,: _ ..._. .:7w ''t~1` ~~~~ F~~ ~ r ~~'. - C.N. . _..-.~ -9 DTS Report No. DTS - ~ - C~ Q Advertised in The Record -December 18, 2009 Appendix " " PANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO bISCUSS A PROPOSED PLAN OF CONDOMINIUM UNDER SECTION 51 OF THE PLANNING ACT 10 Fox lave Crescent The subject lands are currently zoned Residential Six 4R-6}, which permits the development of townhouses and the owner has received site plan approval for the development of 48 townhouses. A public meeting is being held to give consideration for the road with parking spaces, walkway and a central amenity area as a common element condominium. The public meeting will be held by the City's Development and Technical Services Committee, a Committee of Council which deals with planning matters orb: MONDAY, January 11, Zo~~ at 4:DO P.M. CG,INCIL CHAIVIBERS~ ~n~ FL®QR, CITY HALL boo KING STREET wESTg KITCHENER. Any .person may attend the Public Meeting and make written andlar verbal representation either in support of or in apposition to the proposed plan of condominium: if a person or public body that tiles a notice of appeal of a decision, does not make oral submissions at this public meeting or make a written submission prior to approval of the Draft Plan of Condominium, the Gntario ~Ilunicipal Board may dismiss all or part of a subsequent appeal. ADDITIQNAL 1NFORl~ATIDN is available by contacting the appropriate staff person noted below, viewing the report contained in the meeting agenda available on the Friday afternoon prior to the meeting, in the calendar section of the website htt :llwww.kitchener.calcalendarlcalendarEvent.as x}, or in person at the Development and Technical Services Department Planning Division, 6 Floor, City Hall, 200 King Street VlJest, Kitchener between 8:30. a.m. - S:OD p.m. Monday to Friday}. 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