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HomeMy WebLinkAboutDTS-10-099 - Draft Plan of Subdivision - 30T-09202 - Zone Change App ZC 09/12/S/KA - Fairway Rd N REPORT REPORT TO: Development and Technical Services Committee DATE OF MEETING: June 21, 2010 SUBMITTED BY: Alain Pinard, Interim Director of Planning PREPARED BY: Katie Anderl, Senior Planner (519-741-2987) WARD(S) INVOLVED: Ward 2 DATE OF REPORT: June 7, 2010 REPORT NO.: DTS 10-099 SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-09202 ZONE CHANGE APPLICATION ZC09/12/F/KA FAIRWAY ROAD NORTH/EXTENSION OF LANDGREN CRT OWNER: EARTH PARK DEVELOPMENTS INC EXECUTIVE SUMMARY: Earth Park Developments Inc. is seeking approval of a draft Plan of Subdivision and a Zone Change to allow the subject lands to be developed with semi-detached, street townhouse and stacked townhouse dwellings. The subject plan includes a connection to the future local trail system and will complete the existing Landgren Court. Staff are in support of the proposed Plan of Subdivision and associated zoning, subject to the special conditions outlined in this report. ïí ó ï RECOMMENDATIONS: A. That the City of Kitchener grant an exemption to Council Policy I-1035, ‘Emergency Access Policy’, in regards to the future development proposed on the lands legally described as BLOCK 55 AND 56, PLAN 58M-398, PART OF LOT 11, PLAN 591 BEING PART 2 ON 58R-14267, in the City of Kitchener, to allow a cul-de-sac having a length of 163.5 metres in length without an emergency access, be granted, in accordance with the following provisions: 1. That all dwellings located beyond the maximum 150 metre length be equipped with the Direct Detect Fire Monitoring System and residential sprinkler systems; AND B. That the City of Kitchener endorse the Urban Design Brief attached to Report DTS 10-099 as Appendix “F”; AND C. That Zone Change Application ZC 09/12/F/KA for Earth Park Developments Inc. requesting a change in zoning from Residential Four Zone (R-4), Agricultural Zone (A-1) and Existing Use Zone (E-1) with Special Regulation Provision 401R to Residential Six Zone (R-6), Residential Six Zone (R-6) with Special Regulation Provision 549R, Open Space Zone (P-2), Hazard Land Zone (P-3) and Existing Use Zone (E-1) on the parcel of land specified and illustrated as the ‘Subject Area’ on Map No. 1, be approved in the form shown in the “Proposed By-law” dated May 21, 2010, attached to Report DTS 10-099 as Appendix C; AND FURTHER D. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-09202, in the City of Kitchener, for Earth Park Developments Inc., subject to the following conditions : 1. That this approval applies to Plan of Subdivision 30T-09202 for Earth Park Developments Inc. as shown on the plan prepared by IBI Group dated March, 2010 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 25, 2010, which shows the following: Blocks 1 - 3 Street Townhouse Residential 21 units Block 4 Semi-Detached Residential 2 units Block 5 Multiple Residential 10 units Block 6 Open Space/Trail 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision dated May 25, 2010 which shall contain the following special conditions: ïí ó î Part 2 – Prior to Grading 2.7When the acceptedArea Grading, Erosion and Siltation Control Plan requires cut or fill, it shall be incumbent upon the SUBDIVIDER to recognize the details of the soil conditions for the lots and blocks and to take all steps necessary to make the lots and blocks adequate for foundations. Therefore, immediately following area grading, the SUBDIVIDER shall submit to the CITY’S Chief Building Official, soils and engineering reports prepared by a qualified Geotechnical Engineer, which shall contain the following: a) Details of such grading operations, including specifically areas containing structural fill, and a summary sheet and plan designating all lots and blocks within the registered plan in the following categories: i) lots and blocks with proposed footing elevations in native undisturbed soil; ii) lots and blocks with proposed footing elevations in/on structural fill material, placed under supervision and tested to determine that adequate bearing capacity was achieved; iii) lots and blocks with proposed footing elevations in/on structural fill material, which requires further testing by a qualified geotechnical engineer prior to the footings being poured; and iv) proposed footing elevations are defined as a minimum of 1.2 metres below the proposed finished grade as shown on the approved Lot Grading Control Plan. b) In clauses ii) and iii) above, plans shall be provided illustrating the limits of the structural fill material placed if it is less than the total lot or block area; and, c) No building permits shall be available for those lots and/or blocks in the affected stage until the required soils report has been submitted to the CITY’S Chief Building Official, a reasonable time for review has transpired and the SUBDIVIDER has submitted to the CITY’S Chief Building Official a detailed list specifying the affected lots or blocks, arising out of the summary sheet provided in clause a) above. FURTHER the SUBDIVIDER agrees to submit an engineering report to the CITY’s Chief Building Official and the CITY’s Director of Engineering Services prepared by a qualified Engineer, listing the lowest allowable bottom of footing elevation for all lots and blocks, the minimum separation being a 1.0 metre above groundwater level, to the satisfaction of the CITY’s Chief Building Official and the CITY’s Director of Engineering Services. ïí ó í 2.11 Prior to commencing any grading, the SUBDIVDER shall sign a CITY Standard Residential Subdivision Agreement and the agreement shall be registered against title of the subdivision lands. 2.12 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit and obtain approval of and implement an Environmental Monitoring and Response Program as recommended in the Preliminary Stormwater Management Report, IBI Group, May, 2009. The program is to be approved by the City’s Director of Engineering Services in consultation with the City’s Director of Planning, the City’s General Manager of Community Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the program is to ensure erosion, stream channel erosion, stream temperature, sedimentation, siltation control measures and groundwater levels are maintained and function as approved. The monitoring program is to remain in place until the completion and stabilization of 90% of buildings are constructed and lots are sodded or vegetated to the satisfaction of the City’s Director of Engineering Services. 2.13 Prior to commencing any grading the SUBDIVIDER shall provide a Letter of Credit based on 60% of the estimated cost of approved erosion and sedimentation control measures to be implemented as part of Section 2.1 or $100,000 whichever is greater to ensure implementation of the approved Environmental Monitoring Program. The Letter of Credit will be reduced to 15% or $50,000 whichever is greater, upon completion of area grading and the SUBDIVIDER’s consulting engineer has inspected and certified the erosion and sedimentation control measures to the satisfaction of the CITY’s Director of Engineering Services. The Letter of Credit will be released after the “during construction” monitoring program has expired (after 90% of the pond catchment area is stabilized meaning buildings are constructed and lots/blocks are sodded or vegetated to the satisfaction of the CITY’s Director of Engineering Services. 2.14 Prior to Grading the SUBDIVIDER agrees to complete any required downstream sewer upgrades identified within the Chicopee Trail Subdivision, Earth Park Development Inc. Planning and Engineering Justification Report, date July 2009, to the satisfaction of the City’s Director of Engineering Services. FURTHER, the Subdivider agrees to pay for all costs associated with the required upgrades to downstream sewers. Where upgrades to downstream sewers will disrupt above or below-ground works done by others, which have not been accepted by the City, the SUBDIVIDER will be required to make arrangements for such upgrades, and maintenance thereof, with the affected Subdivider of such impacted lands. A letter of permission from each Subdivider of Impacted Lands affected by downstream sewer upgrade works, is to be submitted to the satisfaction of the City’s Director of Engineering Services. ïí ó ì FURTHER prior to commencing any upgrades to downstream sewers, the SUBDIVIDER agrees to provide a letter of permission from each Subdivider of the neighbouring lands affected by downstream sewer upgrade works, to the satisfaction of the CITY’s Director of Engineering Services. 2.15 The SUBDIVDER agrees that prior to grading, the existing septic field on the property shall be fenced and protected to avoid fill and equipment from crossing the field during the construction period, during which time the septic system shall remain functional, to the satisfaction of the CITY’s Director of Engineering Services. The SUBDIVIDER agrees to advise all relevant contractors, building and other persons of the location of the septic system. 2.16 Prior to grading or registration, which ever shall occur first, the SUBDIVDER agrees to submit a final stormwater management plan for the entire plan of subdivision, to the satisfaction of the City’s Director of Engineering Services. The management plan must include a water balance analysis which takes into account an infiltration rate of 329 mm/year, and must include recommendations regarding required infiltration measures. FURTHER, the SUBDIVIDER agrees to install all required infiltration measures to the satisfaction of the City’s Director of Engineering Services. Part 3 - Prior to Servicing 3.5 The SUBDIVIDER shall obtain approval of a Lot Grading Control Plan showing the required elevation of each corner of each lot and block in the Plan and the required elevation(s) of the building site as well as the required direction flow of surface drainage which must be approved by the CITY’S Director of Engineering Services, in consultation with those applicable regulatory agencies determined at the time of draft plan approval. In addition, the SUBDIVIDER agrees that each unit located in Blocks 1, 2, 3 and 4 will have a flat area extending a minimum of 3 metres from the rear wall of each dwelling having a slope no greater than 6% to the satisfaction of the CITY’s Director of Engineering Services. Further, the SUBDIVIDER agrees to provide a digital copy of the approved Lot Grading Control Plan to the CITY’S Director of Engineering Services once the plan is approved. 3.17 Prior to the servicing or registration, whichever occurs first, the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of the CITY’S Director of Transportation Planning, in consultation with the CITY’S Director of Engineering Services, in accordance with the CITY’S On-Street Parking Policy, as approved and amended. The On- Street Parking Plan shall be considered in accordance with the servicing drawings and shall generally provide for one on-street parking space for ïí ó ë every two dwelling units where reasonable. Other options such as driveway length, garage space, communal parking facilities, and/or parking along the park frontage, may be considered in accordance with the CITY’s Policy. 3.18 The SUBDIVIDER shall confirm that the servicing drawings: a) Do not conflict with preliminary driveway locations and potential locations for utilities, hydrants or community mail box facilities. b) No driveways shall be installed within 1.0 metre of a street light pole of hydro pole or where the wheels of a vehicle would pass over any part of a submersible transformer vault. c) No sewer or water service will be installed within 1.5 metres of the centre of proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The SUBDIVIDER shall be responsible for ensuring that these separations are maintained. d) The location of concrete pads for the placement of the Community Mail Boxes shall be approved by Canada Post and shall be shown on the servicing drawings. Said pads are to be poured at the time of curb and/or sidewalk installation within each stage of the plan of subdivision. Should temporary locations be required, the SUBDIVIDER shall work with Canada Post to determine and provide suitable locations until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. Further, the SUBDIVIDER shall identify the necessary valves and appurtenances to facilitate the transition to the final water pressure zone on the engineering servicing drawings to the satisfaction of the CITY’S Director of Engineering Services in consultation with the Regional Municipality of Waterloo. The SUBDIVIDER shall be responsible for the installation of said facilities. 3.19 Prior to Servicing or Registration, whichever may come first, the SUBDIVIDER shall confirm whether decorative street signage and street lighting will be used to the satisfaction of the CITY’S Director of Transportation Planning and Kitchener Wilmot Hydro. Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER’S cost, including the provision of a one-time supply of 10% of the materials for future maintenance replacement, to the satisfaction of the CITY’S Director of Transportation Planning and Kitchener Wilmot Hydro. 3.20 Prior to Servicing the SUBDIVIDER shall to prepare a servicing plan indicating how services will be provided to the neighbouring property at 888 Fairway Road North, to the satisfaction of the CITY’s Director of Engineering Services. ïí ó ê 3.21 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVDER shall prepare a water analysis to the satisfaction of the City’s Director of Engineering Services. 3.22 Prior to Servicing the SUBDIVIDER shall prepare a detailed engineering design for infiltration, in accordance with the Idlewood Creek Master Drainage Plan, and obtain approval thereof, from the CITY’S Director of Engineering Services, in consultation with the Region of Waterloo. This design shall achieve or exceed the objectives specified in the Idlewood Creek Master Drainage Plan. Part 4 – Prior to the Application for and Issuance of any Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed plan of subdivision to the satisfaction of the CITY’s Director of Engineering Services or the CITY’s Chief Building Official in consultation with CITY’s Director of Utilities. 4.23 a) The OWNER agrees that no building permits shall be applied for or issued for Block 2 until satisfactory arrangements are made with the CITY’S Chief Building Official to install a direct-to-fire alarm monitoring system for each and every dwelling unit. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. b) Occupancy of each dwelling shall not be permitted until the CITY’S Chief Building Official has confirmed that such system is operational. c) Such system shall be maintained and remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY’S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 4.24 a) The OWNER agrees that no building permits shall be applied for or issued with Block 2 until satisfactory arrangements are made with the CITY’S Chief Building Official to install a built-in sprinkler system, as a further fire protection measure, for each and every dwelling to be constructed within Block 2. Satisfactory arrangements shall be the submission of drawings showing the built-in sprinkler system in each dwelling. b) Occupancy of each dwelling shall not be permitted until the CITY’S Chief Building Official has confirmed that such built-in sprinkler system is operational. c) Such built-in sprinkler system shall be maintained and remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY’S Fire Chief that adequate ïí ó é protection is otherwise provided and the maintenance of the built- in sprinkler system is no longer mandatory. 4.25 The SUBDIVIDER agrees that no building permit shall be applied for or issued for Priority Lots, as identified on the approved Priority Lotting Plan and in the approved Design Guidelines for Priority Lots, until the required building elevation and/or building location drawings have been submitted and approved by the CITY’S Director of Planning and the CITY’s Chief Building Official for the proposed building thereon to ensure that consideration has been given to the design treatment of each lot/dwelling including such items as the provision of porches, porticos, stairs or other projections; horizontal articulation; brick or masonry style skirting and/or accentuated windows; and secondary entries. Part 6 – Other Time Frames The SUBDIVIDER agrees that construction traffic to and from the 6.10 proposed subdivision shall be restricted to using Fairway Road to Pebblecreek Drive to Landgren Court and prohibited from using any other internal residential streets in the community. Upon the SUBDIVIDER obtaining an Access Permit from the Regional Municipality of Waterloo, construction traffic may also be permitted direct access to the site from Fairway Road North. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY’S Director of Engineering Services. 6.11 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities to the satisfaction of Canada Post, in consultation with the CITY’s Director of Engineering Services and the CITY’s Director of Planning. If required, the SUBDIVIDER shall provide temporary suitable centralized mail box locations that may be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for the plan of subdivision. 6.12 The SUBDIVIDER shall include a statement in all Offers of Purchase and Sales Agreements, and/or rental agreements, which advises: a) that the home/business mail delivery will be from a designated Community Mail Box; and b) homeowners of the exact Community Mail Box locations. The SUBDIVIDER further agrees that the location of all Community Mail Box facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). ïí ó è 6.13 Within one year of Servicing or Registration, which ever comes first, the SUBDIVIDER agrees to submit Park and Trail tender drawings and specifications to the satisfaction of the CITY’s General Manager of Community Services and the CITY’s Director of Planning. The SUBDIVDER shall complete the construction of the park within one year of registration or servicing, whichever occurs first and, in the interest of preserving the septic system on the subject lands, the construction of the trail prior to occupancy of the first unit, to the satisfaction of the CITY’s General Manager of Community Services in consultation with the CITY’s Director of Engineering Services. The applicable construction costs such as grading, topsoiling, seeding, sodding, landscaping, seating and signage relating to the park and surface treatment relating to the community trail, shall be initially paid for by the SUBIDVIDER and reimbursed to the SUBIDIVDER by the CITY. If sufficient money is not allocated from the appropriate CITY Development Change Account(s) to permit the CITY to fund these works or these works are not a Development Change eligible expense and the SUBDIVDER wishes to proceed, the SUBDIVIDER agrees to provide and up-front the costs of these works. Should these works become a Development Charge eligible expense, the CITY agrees to recognize any monies paid by the SUBIDIVDER for any works or services normally paid out of the CITY’s Development Change account and such monies to be refunded or to be recognized as a credit towards any CITY Development Change payable for each lot or block only within the registered plan in accordance with the applicable CITY Development Charge By-law and Policies in effect at the time the monies are paid by the SUBDIVIDER for the works become a Development Charge eligible expense, whichever shall be later. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding balance remains, the Development Charges will be paid in the normal manner in accordance with the CITY’s By-law. If, following the registration of the entire Plan of Subdivision and issuance of all building permits, there is any outstanding credit balance, it shall remain with the lands to be used as a credit towards future development, or alternatively, the CITY may enter into an agreement with the SUBDIVDER, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. ïí ó ç 6.14 The SUBDIVIDER shall warrant and guarantee, and hereby warrants and guarantees all parks and trails against all defects of material and workmanship for a period of 24 months from completion and acceptance. 6.15 The SUBDIVIDER agrees to install a 1.8 m wood fence along the north and east lot lines of Blocks 1, 2 and 5, where such lot line abuts a previously approved residential lot(s), to the satisfaction of the City’s Director of Planning and within one year of occupancy. The subject fence shall be located entirely within the subject lands. 6.16 Prior to occupancy of the first unit the SUBDIVIDER agrees to provide service connections including storm water, municipal water and sanitary sewer to the property located at 888 Fairway Road North to the satisfaction of the CITY’s Director of Engineering Services. FURTHER, once permanent services are connected to 888 Fairway Road North and are functional the SUBDIVIDER agrees to decommission and remove the on-site septic system to the satisfaction of the CITY’s Director of Engineering Services and the CITY’s Chief Building Official. All works must be completed in accordance with the applicable Ontario Regulation. 6.17 The SUBDIVIDER agrees that if an existing private water supply is disrupted to properties located adjacent to the plan, within two years of the completion of construction and acceptance of underground services for the entire subdivision, as a result of the development of the subdivision, the SUBDIVIDER shall provide at no cost a water supply to the said properties, to the satisfaction of the CITY’s Director of Engineering Services. The SUBDIVIDER further agrees that if any collateral/structural damage to the neighbouring properties occurs as a result of the development, it is the sole responsibility of the SUBDIVIDER to rectify these damages to the satisfaction of the CITY’s Director of Engineering Services. 6.18 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with home buyers, or in Agreement of Purchase and Sale with builders that will require the builders to include a statement in all Agreements of Purchase and Sale, and/or Rental Agreements with home buyers, that: a) identify the presence of the water pressure reduction devises and advises that it not be removed by the owner/occupant. b) advises of the presence of lot level infiltration gallery requirements (as applicable) and the requirement to maintain such facilities including the requirement that homeowners are not permitted to disconnect downspouts. Further, occupants/owners shall be notified in the agreement of the exact location, size and intent of the infiltration galleries. The wording of the statement shall be to the satisfaction of the CITY’s Director of Engineering Services. c) identify the presence of direct-to-fire alarm monitoring systems and built-in residential sprinkler systems (as applicable) and the ïí ó ïð requirement that these systems must be maintained, and must remain operational in perpetuity as a responsibility of the homeowner. The wording of the statement shall be to the satisfaction of the CITY’s Chief Building Official in consultation with the CITY’s Fire Chief. 2.2 That prior to final approval of the plan to be registered, the Subdivider shall fulfil the following conditions: 1. The City Standard Residential Subdivision Agreement shall be registered on title. 2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director of Planning and to obtain approval of such applications therefrom. 4. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 5. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S General Manager of Community Services, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 6. The SUBDIVIDER shall make satisfactory arrangements with Kitchener- Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 7. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telecommunication services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 8. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to the Kitchener- Wilmot Hydro, telecommunication companies and the CITY, to the CITY’s Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by ïí ó ïï 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 Director of Planning and the CITY’s Director of Engineering Services, or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Director of Planning, a clearance letter from Kitchener-Wilmot Hydro, telecommunication companies (Bell and Rogers). Such letters shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 9. The SUBDIVIDER shall convey to the City without cost and free of encumbrance for the purpose of implementing the approved Final Stormwater Management Report, all necessary easements identified in the Final Stormwater Management Report and supplementary information to the satisfaction of the City’s Solicitor in consultation with the City’s Director of Engineering Services. All easements related to infiltration facilities and their appurtenances for stormwater management purposes must be constructed to the satisfaction of the City’s Director of Engineering Services. 10. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 11. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Director of Planning, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY’s Director of Planning; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm ïí ó ïî water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Director of Planning; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Planning Division. 12. The SUBDIVIDER shall satisfy the total parkland dedication for the subdivision, by the conveyance of Block 6 to the CITY, at no cost and free of encumbrance; 13. The SUBDIVDER agrees that all streets shall be named to the satisfaction of the CITY’s Director of Planning in accordance with Council Policy I-1070. 14. The SUBDIVIDER shall obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149 R.R.O. 1990, as amended. 15. The SUBDIVIDER shall prepare and receive approval of detailed design drawings and development budget for the park and trail located on Block 6, prior to registration, to satisfaction of CITY’S General Manager of Community Services and the CITY’S Director of Planning. The design should give consideration to locations for Community Mail Box facilities and seating areas. 16. Prior to registration, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of the CITY’S Director of Planning. The Design Guidelines for Priority Lots shall include, but not be limited to, the following considerations: a) For Corner Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along both road ïí ó ïí frontages for each lot/dwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary or angled door entries; horizontal articulation, brick or masonry-style skirting along both the front and exterior side yard and/or accentuated windows; increased building massing and height; and consideration to fencing and landscaping. b) For Terminating Vista Priority Lots, building elevation and building location drawings shall ensure that the garage face is not the primary terminating view from the oncoming street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, landscaping, etc. c) For Park Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along the road frontage and the park flankage for each lot/dwelling, including such items as the provision for porches, porticos, stairs, or other projections, secondary entry doors, horizontal articulation, brick and masonry-style skirting and/or accentuated windows; and consideration to fencing and landscaping. 17. The SUBDIVIDER shall prepare a Street Tree Planting Plan prior to registration to the satisfaction of the CITY’S Director of Planning, in consultation with the CITY’S General Manager of Community Services. Appropriate consideration shall be given to reduce conflicts between street trees and utilities. In locations where the survival of plantings may be difficult due to infiltration/salt management objectives within the municipal right-of-way, street trees shall be provided immediately adjacent to the right-of-way on each lot/or future lot. In these instances, an easement shall be provided over each lot/ or future lot in favour of the CITY for the maintenance of the street tree planting. 18. That the 0.3 metre reserve at the end of Landgren Court be lifted by by- law. 19. Prior to Grading or Registration, whichever shall occur first, a Detailed Vegetation Plan is to be submitted for approval by the CITY’s Director of Planning. The Detailed Vegetation Plan shall also show approved grading. The SUBDIVIDER agrees to implement all of the measures identified in the approved Detailed Vegetation Plan including delivering all information contained in the approved Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are carried out as specified. 20. Concurrently with or immediately subsequent to Registration the SUBDIVIDER shall provide an easement to the CITY, for the purpose of providing servicing to adjacent lands, if necessary, to the satisfaction of the CITY Solicitor and the CITY’s Director of Engineering Services in consultation with the consulting engineer for the SUBDIVIDER. The CITY agrees to quit claim the easement when appropriate. ïí ó ïì 21. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER shall submit and obtain approval of an Environmental Monitoring Program, including that described in the approved Preliminary Stormwater Management Report, prepared by IBI Group, May 2009, and also including any additions or modifications identified by the CITY or Grand River Conservation Authority as part of the final review and approval of the Environmental Monitoring Program. The program is to be approved by the Director of Engineering Services in consultation with the Director of Planning, the General Manager of Community Services, and the Grand River Conservation Authority. 22. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall confirm whether decorative street signage and street lighting will be used to the satisfaction of the CITY’S Director of Transportation Planning and Kitchener Wilmot Hydro. Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER’S cost, including the provision of a one-time supply of 10% of the materials for future maintenance replacement, to the satisfaction of the CITY’S Director of Transportation Planning and Kitchener Wilmot Hydro. 23. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of the CITY’S Director of Transportation Planning, in consultation with the CITY’S Director of Engineering Services, in accordance with the CITY’S On-Street Parking Policy, as approved and amended. The on-street parking plan shall be considered in accordance with the servicing drawings and shall generally provide for one on-street parking space for every two dwelling units where reasonable. Other options such as driveway length, garage space, communal parking facilities, and/or parking along the park frontage, may be considered in accordance with the CITY’s Policy. 24. Prior to Grading or Registration, whichever shall occur first, the SUBDIVDER agrees to submit a final stormwater management plan for the entire plan of subdivision, to the satisfaction of the City’s Director of Engineering Services. The management plan must include a water balance analysis which takes into account an infiltration rate of 329 mm/year, and must include recommendations regarding required infiltration measures. Further, the SUBDIVIDER agrees to install all required infiltration measures to the satisfaction of the City’s Director of Engineering Services. 25. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Department of Development and Technical Services, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. ïí ó ïë 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1) That the owner agrees to stage the development for this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services; 2) That the subdivision agreement be registered by the City of Kitchener against the lands to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan; 3a) 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 installation of 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; 3b) 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: “The lot, lots, block or blocks which are the subject of this agreement of lease or 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 plan is registered.” 4) That prior to final approval, the owner provides an addendum to the “Noise Assessment” dated March 2009 contained in Appendix E of the “Planning and Engineering Justification Report” dated July 7, 2009 prepared by IBI Group, to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic noise levels for all Blocks affected by Fairway Road and, if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures. 5) That a final lot grading and drainage plan be submitted for the entire plan of subdivision to the satisfaction of the Regional Municipality of Waterloo where lands drain to a Regional facility, for approval. The plan must include the following: ïí ó ïê a) To address Regional Transportation Planning comments on grading as outlined in the Region’s letter to IBI Group dated April 23, 2010. 6) That a final stormwater management plan be submitted for the entire plan of subdivisionto the satisfaction of the Regional Municipality of Waterloo where lands drain to a Regional facility, for approval. The management plan must include the following: a) To determine if there are any long term adverse impacts on infiltration design, the management plan must include a water balance analysis which takes into account an infiltration rate of 329 mm/year. b) To address Regional Transportation Planning comments on stormwater management as outlined in the Region’s letter to IBI Group dated April 23, 2010. 7) That prior to final approval, the owner submits a boulevard restoration plan for Fairway Road, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 8) That prior to final approval, the owner provides the Regional Municipality of Waterloo with sufficient funds for a future sidewalk along Fairway Road adjacent to this property, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 9) That prior to final approval, the owner submits a landscape plan which provides for street tree plantings along the road allowance of Fairway Road adjacent to this plan, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. Furthermore, that the owner provides sufficient funds to the Regional Municipality of Waterloo for implementation of the approved landscape plan, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 10) That should the City/Owner require construction traffic to access the site via Fairway Road, the owner agrees to obtain a Regional Road Access Permit (for construction access) for Fairway Road. 11) That prior to final approval, the owner enters into an agreement with the Regional Municipality of Waterloo, to complete and implement a road salt management plan for Block 4 as part of any site plan application. Furthermore, that the agreement contains a provision to include implementation of the salt management plan by way of declaration associated with any future application for plan of condominium. 12) That prior to final approval, the owner submits a chloride impact assessment to the satisfaction of the Regional Commissioner of Planning Housing and Community Services; and furthermore, that the assessment findings and recommendations be incorporated into the final stormwater management scheme for this development. ïí ó ïé 13) That prior to final approval, the owner enters into an agreement with the Regional Municipality of Waterloo to distribute salt management education information to prospective home buyers. 14) That prior to final approval, the owner decommissions any private and monitoring wells on the property in accordance with O. Reg. 128/03, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 15) That prior to final approval, the owner enters into an agreement with the Regional Municipality of Waterloo, to include an airport flight path and directional lighting warning clause in the declaration associated with any future application for plan of condominium for Block 4, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 16) That prior to any grading or construction, and final approval of all or any part of the draft plan of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. Two (2) copies of the completed archaeological assessment must be submitted to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the Plan. 4. OTHER AGENCY CONDITIONS 1. Prior to any grading or construction on the site and prior to registration of the plan, the SUBDIVIDER or their agents shall submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) A detailed stormwater management report in accordance with the 2003 Ministry of the Environment Report entitled “Stormwater Management Planning and Design Manual” and in keeping with the Preliminary Stormwater Management Report (prepared by IBI Group, dated May 2009) and subsequent response letters. b) A detailed Lot Grading, Servicing and Storm Drainage Plan. c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority’s Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit from the Grand River Conservation Authority prior to any grading within the regulated area. 5. Clearance Conditions: CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the CITY’s Director of Planning, the City of Kitchener is to be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1 to 3.16 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance ïí ó ïè letter from the Region 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 Director of Planning, the Director shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.6 and 2.2.8 ha been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 3. That prior to the signing of the final plan by the CITY’s Director of Planning, the Director shall be advised by the telecommunication companies (Bell, Rogers) that Conditions 2.2.7 and 2.2.8 have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 4. That prior to the signing of the final plan by the CITY’s Director of Planning, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out satisfactorily. The clearance letter shall include a brief statement detailing how the condition has been satisfied. 6. Notes Development Charges 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law 09-024 are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Regional Fees 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 09-003, 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 30T-09202. Identification of Applicable Planning Act 5. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O.1990, as amended by S.O.2006,c.23(Bill 51). Regional Servicing Agreement 6. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Servicesto service the density as defined by ïí ó ïç the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 7. To ensure that a Regional Release is issued by the Regional 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. Final Plans 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 approval, and we have received an 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: Oneoriginal mylar fourmylar copies fourwhite paper prints ïí ó îð BACKGROUND: The subject lands are owned by Earth Park Developments Inc. and applications for draft approval of a plan of subdivision and a zone change were submitted by IBI Group in 2009. The subject lands are 1.3 hectares in size and were recently severed from the neighbouring property at 888 Fairway Road North which contains two single detached dwellings. These lands are within the City and Region’s Urban Area, and are designated Low Rise Residential in the Official Plan. The lands are currently zoned Agricultural Zone (A-1), and Residential Four Zone (R-4). The owner is proposing to develop the lands with a low rise townhouse development consisting of 21 street-fronting townhouses, 1 semi-detached house (2 units) and 10 stacked townhouse units. REPORT: City of Kitchener Official Plan and Grand River South Community Plan The subject lands are designated Low Rise Residential in the City’s Official Plan and Low Density Residential in the Grand River South Community Plan. These designations permit the lands to be developed with a range of low rise residential uses including those proposed by the applicant. Subdivision Design This subdivision represents the continuation and completion of Landgren Court. Semi-detached dwellings, street-fronting townhouses and stacked townhouses are proposed and this subdivision will achieve a density of approximately 63 people and jobs per hectare. The proposed densities will help to balance the lower densities of the surrounding single detached dwellings, and will help the City achieve the overall density target of 60 people or jobs per hectare as required by the Kitchener Growth Management Strategy and Provincial and Regional policies. The proposed subdivision meets the Design Objectives set out in the City’s Design Brief for Suburban Development. In staff’s opinion the development is well designed and achieves walkability, variety, place-making, conservation, connectivity, safety, liveability, balance and is transit supportive. The design of the proposed subdivision has made an effort to eliminate rear lotting along Fairway Road North. As such, Block 5 is proposed to contain stacked townhouses which will be designed so that units will address both Fairway Road North and Landgren Court. Stacked townhouses are considered to be low-rise development, but this housing form represents higher density than the neighbouring single detached dwellings. In response to some of the concerns from neighbouring property owners with respect to the stacked townhouses and the overall design of the neighbourhood, the applicant has prepared a design brief which will help to guide the future development (attached as Appendix ‘F’). This one page design brief is recommended to be endorsed by Council and will be implemented at the time of Site Plan Approval. The design brief addresses concerns with the stacked townhouse units and addresses items such as fencing, setbacks, building design, and streetscape design elements. Parkland This subdivision will add about 0.179 hectares of new park space which represents about 14% of the total area of the subdivision. The dedication consists of a trail head/park block and trail link along the western side of the property. This will create a pedestrian connection from the subject lands directly to Fairway Road North and is planned to form part of a future community trail network. A small portion of the parkland contained in the proposed plan was required to satisfy the conditions of the consent related to application B2008-004/CC2008-004. Community Services is in support of the size and orientation of the park/trail block. ïí ó îï Natural Environment The subject parcel is adjacent to a wetland area and Idlewood Creek. A combined General Vegetation Overview (GVO) and Environmental Impact Study (EIS) were submitted in support of the application. The GVO and EIS recommend that a 20 metre wetland buffer be implemented. This has been accommodated in the proposed draft plan and lands within the floodplain area will be zoned Hazard Land Zone (P-3) and lands within the buffer area will be zoned Open Space Zone (P-2). These lands are part of the trail and open space block. Stormwater Management The lands are divided into two drainage areas. The western side of the site will drain towards Idlewood Creek and the eastern side of the site, including runoff from Landgren Court and future driveways, will be directed via storm sewers to the existing Stormwater Management facility located in the Lyndale Plan of Subdivision. Engineering staff note that the receiving Stormwater Management pond and pipes will need to be enlarged to accommodate the stormwater from the subject lands. Conditions have been included in this regard. Conditions of draft approval have also been included to address groundwater infiltration and recharge including environmental monitoring. Sanitary/Water Servicing All lots will be serviced with gravity sanitary drainage and municipal water servicing in accordance with City standards. Engineering Services staff have confirmed that there is sufficient servicing capacity. Furthermore, services will be provided to adjacent lands located at 888 Fairway Road North via the park block. Other utilities can be provided. Transportation and Traffic With respect to the design of the cul-de-sac, transportation planning is satisfied with the general layout of the units and the preliminary driveway locations. A Driveway Location Plan is required as a standard condition of draft approval. An On-Street Parking Plan is also required. Transportation Planning staff have reviewed the application and note that Council Policy I-1120 limits the maximum number of units permitted on a cul-de-sac having a width of 16 metres to 30 units. The proposed development together with the existing and future units on Landgren Court in the neighbouring subdivision would have a total of about 41 units. As such, the applicant is seeking an exemption from this policy. The purpose of the requirement is mainly to ensure that traffic volumes do not exceed the design standards of the street. Local roads are designed to carry up to 2000 vehicles per day and the proposed 33 units will result in traffic numbers significantly below the design standard. Transportation Planning staff have no concern with the levels of traffic expected to be generated by the proposed plan of subdivision and an exemption has been granted, in accordance with the policy, by the General Manager of Development and Technical Services. Emergency Access The applicant has requested an exemption from the City’s Emergency Access Policy I-1035 to allow the cul-de-sac to have a length of 163 metres rather than 150 metres without an emergency access. Planning, Building and Fire staff have considered this request and in accordance with the policy feel that it is appropriate to allow the exemption provided that any units which are located beyond the 150 metre length are fitted with Direct Detect Fire Alarm Monitoring and a Residential Sprinkler System. This will affect a number of units located in Block 2. Conditions have been included in this regard. ïí ó îî Agency Comments Any requirements have been addressed or are included as conditions of approval. Community Input In response to the preliminary circulation of the applications, staff received a number written responses from nearby property owners and a petition signed by 41 property owners. In order to respond to the concerns of the residents, a neighbourhood meeting was held on May 4, 2010. There were 18 residents in attendance at the neighbourhood meeting. Concerns are discussed below: Anticipated Use of Property Many of the residents responding to the circulation were led to believe by their builder that the subject lands were going to be developed with single detached dwellings. Staff comment that at the time the existing lots were sold and homes built, the lands were zoned Agricultural Zone (A- 1) and no application for any particular type of development was being considered by the City. Staff suggest that home buyers should consult with the Planning Division to make sure that the information they are considering when purchasing their home is as up to date and as accurate as possible. The current proposal for townhouses and stacked townhouses is consistent with the Official Plan Designation of Low Rise Residential which has been in place for many years. This designation allows a range of low rise residential housing types ranging from single detached dwellings to townhouses and multiple dwellings. Property Values Residents have also raised concerns that the proposed development may impact their property values. It is difficult for planning staff to comment accurately on the impact that a proposed development may have on the value of nearby homes. Staff understand that MPAC assesses homes based on as many as 200 different factors ranging from the size of the house and lot and the location, to the number of bathrooms and quality of the construction. Market values depend on a host of different factors including the state of the economy and the individual purchaser’s preferences. Planning staff do not consider market value to be a land use planning matter. Planning staff focus on whether the development is good planning with respect to the community as a whole. The proposed development helps to achieve a number of development goals set out in the Official Plan and the Kitchener Growth Management Strategy. Density Staff have also received comments that there are enough townhouses in the neighbourhood already and that the street should be completed with only single detached dwellings. Staff confirm that under current policy direction, subdivisions are designed with a wide range of housing types and that subdivisions tend to have higher density types of housing than subdivisions developed in the 1970’s, 1980’s and 1990’s. The Grand River South area does have a number of developments which include townhouses and semi-detached dwellings, however, a large portion of this area has been developed with single detached dwellings. Planning Staff support a range of housing types in neighbourhoods including single detached dwellings, semi-detached dwellings, townhouses and multiple dwellings, and achieving an appropriate mix of these types of units is important to ensure we are building complete communities that will achieve density targets set out in Provincial, Regional and City policy. In order for single detached dwellings to be built in a community, developments with higher densities are also needed for the City to meet required minimum density targets. The proposed development achieves a density of about 63 people and jobs per hectare, which helps to raise the overall density of the entire community. ïí ó îí Compatibility of Stacked Townhouse Units Several residents are also concerned with the setback of the stacked townhouse dwellings to Fairway Road North and an inconsistency in setback with adjacent dwellings. The building backing onto Fairway Road is purposely set fairly close to the street. From an urban design point of view, staff discourage new developments that turn their backs to our main roads. The proposed stacked townhouse will appropriately and attractively address both Landgren Court and Fairway Road. Staff recognize that the stacked townhouses will be setback further from Landgren Court than the existing single detached dwellings, which also causes some concern for property owners with respect to privacy and overlook issues. The applicant has prepared an Urban Design Brief to help address compatibility concerns. Staff recommend that Council endorse the Urban Design Brief so that it may be implemented through a future Site Plan Approval Process. As part of the Brief, the applicant has agreed that a fence will be installed along the eastern property line to provide a physical barrier. The brief also specifies that any upper floor windows along this property line will be privacy windows (e.g. smoked or bubbled glass) which will reduce overlook into rear yards. Also, the subject building will be required to have an enhanced side elevation so that it is a more attractive building. These measures will help to mitigate the appearance and impact a future building may have on nearby homes. Traffic Staff were also questioned whether traffic from the development would create problems on the local roadways. Transportation Planning staff have reviewed the application and are of the opinion that the existing local road system will be able to handle the number of vehicle trips generated by the proposed development, and further intersection controls are not warranted by the proposed development. As previously mentioned, an On-street Parking Plan is also required to ensure there are sufficient on-street parking spaces. Park and Trail A number of respondents commented that they like the proposed open space and trail connection. One resident has requested that the entire subdivision be developed as a park. Staff comment that the developer can only be required, under Planning Act regulations, to dedicate 5% of the lands for park purposes. For a 1.3 ha property the required dedication is 0.065 ha. The developer is actually dedicating 0.179 hectares which is well above the required dedication for these lands. Community Services staff has requested that the park space be located in its proposed location to allow for a trailhead and connection to the future local trail system. Fencing A request was also made to construct a fence along rear lots where they will interface with existing residential lots. Staff have discussed this request with the applicant, and the applicant has agreed to construct a fence along all such property lines. A condition of draft approval has been included in this regard. Provincial and Regional Policy Conformity 2005 Provincial Policy Statement (PPS) The PPS promotes building ‘healthy, liveable and safe communities’, providing an appropriate mix of different land use types, efficiently using services and facilities, maximizing opportunities for public transit use, and promoting intensification. Staff are of the opinion that the proposed plan of subdivision is consistent with the 2005 Provincial Policy Statement (PPS). ïí ó îì 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are within the ‘built boundary’ as defined by the 2006 Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development which 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. Staff feel that the proposed draft plan complies with the policies of the Growth Plan. Furthermore, the proposed plan exceeds the minimum density as set out in the Growth Plan. Regional Official Policies Plan The subject lands are within the City Urban Area as established in the Regional Official Policies Plan. FINANCIAL IMPLICATIONS: Upon registration, there will be immediate and ongoing operations costs for the maintenance of the open space and trail, streets, street trees and underground services. In the long term, there will be repair and replacement costs for streets, sidewalks and services. COMMUNICATIONS: The proposed draft plan of subdivision application and associated zone change application were circulated to departments, agencies and property owners within 120 metres of the subject lands on October 7, 2009. Notice signs were placed on the subject site advising of the applications. In response to the circulation of the draft plan and zone change applications staff received written responses from nine residents, a petition was signed by 41 residents and 18 residents attended a neighbourhood meeting. Concerns have been addressed in the Community Input Section of this report. All residents who provided written comments, signed the petition, or who attended the neighbourhood meeting will be mailed a copy of this report. Notice of the public meeting will be advertised in The Record on May 28, 2010. CONCLUSION: Based on the foregoing, the Draft Plan of Subdivision and Zone Change applications are appropriate and represent good planning. The issues identified through the preliminary circulation have been included as conditions of approval, as necessary. The lands are identified in the Kitchener Growth Management Plan for consideration of draft approval in the 2009-2010 timeframe, the plan represents proper and orderly development of the City and considers the criteria identified in Section 51(24) of the Planning Act for the subdivision of land. This plan meets density requirement as set out in the City, Regional and Provincial policy and incorporates urban design principles. Therefore, it is recommended that the applications be approved subject to 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 of Development & Technical Services ïí ó îë Appendices A – Proposed Draft Plan B – Proposed Zoning By-law & Map 1 C – Newspaper Advertisement D – Agency Comments E – Neighbourhood Comments E-1 – Neighbourhood Petition E-3 – Meeting Attendee List E-4 – Circulation Comments F – Design Brief ïí ó îê ïí ó îé PROPOSED BY – LAW May 21, 2010 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Earth Park Developments Inc. – Fairway Road North) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule No. 266 of Appendix “A” to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) to Residential Six Zone (R-6). 2. Schedule No. 266 of Appendix “A” to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Six Zone (R-6). 3. Schedule No. 266 of Appendix “A” to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Six Zone (R-6) with Special Regulation Provision 549R. 4. Schedule No. 266 of Appendix “A” to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Open Space Zone (P-2). 5. Schedule No. 266 of Appendix “A” to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Hazard Land Zone (P-3). 6. Schedule No. 266 of Appendix “A” to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Existing Use One Zone (E-1) with Special Regulation Provision 401R to Open Space Zone (P-2). 7. Schedule No. 266 of Appendix “A” to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as ïí ó îè Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Existing Use One Zone (E-1). 8. Schedule No. 266 of Appendix “A” to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 9. Appendix “D” to By-law 85-1 is hereby amended by adding Section 549 thereto as follows: “549. Notwithstanding Section 40.2, and 6.1.1.1.d.i of this By-law, within the lands zoned R-6 as shown on Schedule 266 of Appendix ‘A’ and shown as Area 3 on Map 1: a) the maximum height for a multiple dwelling shall be 12.5 metres, b) the minimum side yard setback shall be 3.0 metres c) off-street parking may be located between the façade and the front lot line and within the minimum front yard setback, provided it is located no closer than 3.0 metres to the street line.” PASSED at the Council Chambers in the City of Kitchener this day of , 2010 _____________________________ Mayor _____________________________ Clerk ïí ó îç ïí ó íð Advertised in The Record – May 28, 2010 (CITY LOGO - AD PAGE HEADER) PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW and A PROPOSED DRAFT PLAN OF SUBDIVISION NG ACT UNDER THE APPLICABLE SECTIONS OF THE PLANNI Fairway Road North/Extension of Landgren Court The City of Kitchener has received a Draft Plan of Subdivision and Zone Change application from Earth Park Developments Inc. proposing the creation of a total of 33 dwelling units, being semi-detached, townhouse and stacked townhouse units along the extension of Landgren Court. The subdivision will also contain a connection to a trail along the western side of the property. The subject lands are approximately 1.3 hectares in area and are currently designated ‘Low Rise Residential’ in the City of Kitchener’s Official Plan. The lands are proposed to be rezoned from Agricultural (A-1), Residential Four (R-4) and Existing Use (E-1) to Residential Six (R-6), Residential Six (R-6) with Special Regulation Provision 549R, Open Space (P-2), and Hazard Land (P-3) in the Zoning By-law. Development and Technical Services Committee The public meeting will be held by the City’s , a Committee of Council which deals with planning matters on: MONDAY, June 21 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, 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 If a person or public body that files a notice of appeal of a decision, opposition to, any of the above noted proposals. does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of these proposals, the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION 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 http://www.kitchener.ca/calendar/calendarEvent.aspx), or in person at the Development and Technical Services Department - th Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Katie Anderl , Senior Planner - 519-741-2987 (TTY: 1-866-969-9994), katie.anderl@kitchener.ca ïí ó íï ïí ó íî ïí ó íí ïí ó íì ïí ó íë ïí ó íê ïí ó íé ïí ó íè ïí ó íç ïí ó ìð ïí ó ìï ïí ó ìî ïí ó ìí ïí ó ìì ïí ó ìë ïí ó ìê ïí ó ìé ïí ó ìè ïí ó ìç ïí ó ëð ïí ó ëï ïí ó ëî ïí ó ëí ïí ó ëì ïí ó ëë ïí ó ëê ïí ó ëé ïí ó ëè ïí ó ëç ïí ó êð ïí ó êï ïí ó êî ïí ó êí ïí ó êì ïí ó êë ïí ó êê ïí ó êé ïí ó êè ïí ó êç