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Home My WebLink AboutDTS-10-137 - Sub 30T-09202 - Landgren CrtJ- e ~opn~ent~ ---~5 REPORT REPORT TO: Council DATE OF MEETING: June 28, 2010 SUBMITTED BY: Alain Pinard, Interim Director of Planning PREPARED BY: Della Ross, Manager of Development Review, (519-741-2327) WARD(S) INVOLVED: Ward 2 DATE OF REPORT: June 22, 2010 REPORT NO.: DTS-10 -137 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 RECOMMENDATION: For Information REPORT: At the June 21St, 2010 Development and Technical Services Committee meeting, in consideration of Report DTS-10-099, the following revised recommendation was approved: 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 conditions outlined in Development and Technical Services Department report DTS-10-099, subject to the following changes: That condition 1 of draft approval of Plan of Subdivision 30T-09292 be amended such that Block 5 will contain Street Townhouse Residential - 5 units; and, that the developer be required to include information on the trail system in all marketing material. In order to implement the DTS Committee recommendation the following modifications to the draft plan and zoning by-law would be required: 1. Condition 1 of the draft approval would need to be deleted and revised as follows: 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 Street Townhouse Residential 5 units Block 6 Open Space/Trail 2. Appendix A -the proposed draft plan has been modified to reflect five (5) townhouse units on Block 5. 3. The Zoning By-law has been revised so that Part 9, Special Regulation Provision 549 reflects the five (5) townhouse units proposed. It should be noted that this by-law was not the by-law presented with DTS-10-099 and requires three readings. A Draft By-law dated June 23, 2010 is attached to this report. 4. That the following condition be added to Section 2.2.: 26. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales Agreements that advises of the future trail located within Block 6. FINANCIAL IMPLICATIONS: Nil ACKNOWLEDGED BY: Jeff Wllmer, Interim General Manager Development and Technical Services Department Appendices: A -Proposed Draft Plan B -Proposed Zoning By-law & Map 1 (Q N O N O c-> N L CND. O N ~ N ~ ~ 0 0 0 0 0 ~ - ~ J W o O U o 0 LL ~ \ M ~ N z N N E N N ~ O ~ N O~ U O ~ z == O w ~ a ~ ~ N W ~ .~ a CC a - 7 ~ ~ -a m L ~ w ~LS~ M O A- o ~ ~ ~~~R Z W cn t w C> p LoL~ ~ U H Q o~~oao ~ _V v w J ~tn~Ort ~ J ~ ~ y U ~ ~ ^~ ~ N~ ~ Q ~ Q R o000 o Q ~ ~ J mmmm ~ (~ O ~ z Z z O Q H cn _ ~ ~ COUNTRY CLAIR STREET ~ U ~~ O W ~ w DO O o v~ N 0 Q v 1 Z ~ z Z ~, W w ~ ~ ~ F ~V3~'gl'S0 U/ 2202om W W ~ ry~.~111\ ~\~• ~ ~ rY \\ ~ ~ I • N3/3]'30W 34.000n w vat°OB'20NJ 53.32 \ \ \ YZ~-- 0'Bl- O I \\ \ \ --0~ _ I O ~JQ I __ \. Oo 'J ~ ~ CvNj' ~ ? ~ os~ ~ I tl O W ~ ' ~ ~ ~ ~ LANDGREN ~ o ~ z ~ / COURT ~ ~ w P~ 286 \Rs a o U i ~ ~~ A t \ o_~ ~~ ~ ~ ~ / / - ~ ~ V ~. ~ p - ~ ~ i ~a~ ~ ~ ~~~ ~ ~ ~ i ~ ~°~ ~- ~ ~ V ~ ~ / / / v \ } O J J ^~ ~ ~ _~ O / ~ ~~ ~ ~ _,. ~~~ N50"do ds I _ ~ ~ N L//' Q r ~ ~ DNS-'~ 5S ~ r ~ OJ ~ s~ ~: ~ L si~ M~M z M 0 L ~ W ~ `~ OJ CV Z ~ inns ~oo-~ cu-= ~ ~ ~ w Z Q o ~ ~ ~ ~ w~ D ~ U' J .p Z w ~ w ° O ~ m LLF w 0 'o~~ ~ Z d ~ ~ Q O\ ~ ~ ~ a ~ ~z J J~o~ ~ w m~ PROPOSED BY -LAW June 23, 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 401 R 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 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 Sections 40.1 and 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 facade 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 d) the maximum number of townhouse units shall be 5 e) a multiple dwelling shall not be permitted. 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