HomeMy WebLinkAboutDTS-10-164 - 771 Huron Road AddendumJ-
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REPORT TO: Council
DATE OF MEETING: September 7, 2010
SUBMITTED BY: Alain Pinard, Interim Director of Planning
PREPARED BY: Elizabeth Brown, Planner (519-741-2643)
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: September 1, 2010
REPORT NO.: DTS-10-164
SUBJECT: ADDENDUM TO REPORT DTS-10-143
DRAFT PLAN OF SUBDIVISION 30T-10201
ZONE CHANGE APPLICATION ZC08/30/H/EB
771 HURON ROAD
DEERFIELD HOMES LTD
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RECOMMENDATIONS:
A. That Zone Change Application ZC 08/30/H/EB for Deerfield Homes Ltd. requesting a
change in zoning from Restricted Business Park Zone (B-2) to Residential Six Zone
(R-6), Open Space Zone (P-2) and Public Park Zone (P-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 July 27, 2010, attached to Report
DTS-10-143 as Appendix C; AND,
B. 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-10201, in the City of Kitchener, for Deerfield
Homes Ltd., subject to the conditions as outlined in Report DTS-10-143; AND
FURTHER,
C. That recommended condition 6.12, as found in Report DTS-10-143, be approved in
the amended form as noted below:
6.12 Within one year of Servicing or Registration, which ever comes first, the
SUBDIVIDER agrees to submit Park and Trail tender drawings and
specifications, including fencing along Huron Road, to the satisfaction of the
CITY's General Manager of Community Services and the CITY's Director of
Planning. Furthermore, in order to ensure comprehensive parkland development
with adjacent lands, the SUBDIVIDER agrees that the tender drawings will
include a conceptual plan considering the expansion of the park immediately to
the east of Block 9.
The SUBDIVIDER shall complete the construction of the park within one year of
registration or servicing, whichever occurs first, 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
Charge Account(s) to permit the CITY to fund these works or these works are not
a Development Charge eligible expense and the SUBDIVIDER 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 SUBIDIVIDER for any works or
services normally paid out of the CITY's Development Charge account and such
monies to be refunded or to be recognized as a credit towards any CITY
Development Charge 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 SUBDIVIDER, 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.
REPORT:
Deerfield Homes Ltd. is seeking approval of a draft Plan of Subdivision and a Zone Change to
allow the subject lands to be developed with single-detached and street townhouse dwellings.
The subject plan includes a park that will create a pedestrian connection to Huron Road and will
extend Rochefort and Maitland Streets. Staff is in support of the proposed Plan of Subdivision
and associated zoning, subject to the conditions outlined in report DTS-10-143.
At the August 23, 2010 Development and Technical Services Committee meeting, staff was
directed to re-evaluate the proposed location of the park due to a concern its proximity to Huron
Road. Staff met to discuss other options within the draft plan of subdivision but felt that the
location as proposed in the staff report was the best option for this development and the
immediately surrounding community. However, in order to address the concern raised, staff is
recommending that condition 6.12 in the staff report be updated to address fencing along Huron
Road and consideration for the expansion of the park into adjacent lands during future
development.
Staff from both Planning and Community Services felt that the park location as recommended in
the staff report was the best option for this proposed plan of subdivision for the following
reasons:
Distribution of Park Space in the Surrounding Community
When determining the best location for a requested parkland dedication, Parks Planning staff
took a look at existing and previously approved park space within the immediate neighbourhood
and surrounding communities. The adjacent Huron Village subdivision has a larger park,
Parkvale Park, which sits adjacent to a school and open area just north of this subdivision but is
just beyond a 450 metre walking distance from residents living along Rochefort Street and
within the south end of this proposed plan. A smaller park, Sophia Park, sits at the far end of
this community on Sienna Crescent. Locating a park where proposed in this draft plan of
subdivision provides access to residents at this south-east corner of the Huron Village
Community, and allows for amore-equally distributed park network in the immediate area. This
will help to address concerns brought forward to Parks Planning staff by members of the public
in this community.
Park Design Considerations
With the anticipated redevelopment of the property municipally addressed at 731 Huron Road,
the potential exists to expand the park space proposed in this draft plan through the parkland
dedication process. Parks Planning staff has noted a preference to have the park effectively
"backing" onto Huron Road so that design features such as fencing, berms and other
landscaping can be used to create an edge along this roadway to deter user conflicts with
traffic. Such measures have been undertaken successfully in other parks with similar situations
in the past, including Gzowski Park that abuts Westmount Road West, and Weber Park that
abuts both Frederick Street and Edna Street.
Other staff considerations when evaluating potential park locations include:
o topography of the proposed park location and other potential locations on site;
o existing urban fabric in community;
o pedestrian links to adjacent communities and park spaces; and,
o scenic vistas created, including:
o internal views created when travelling internal streets and sidewalks;
o external views into the community from adjacent streets and communities.
Proposed Changes to Recommended Condition 6.12
The recommended change to condition 6.12 includes requirements for:
o Park and Trail tender drawings and specifications to include fencing along Huron Road;
and,
o Park and Trail tender drawings and specifications to include a conceptual plan
considering the expansion of the park immediately to the east of Block 9.
The revised wording has been reviewed by the applicant's agent and received their support.
Staff feels that this modification will provide an assurance that proper separation will be
considered during the detailed design of the park space by assuring a physical boundary
between the proposed parkland and Huron Road. Furthermore, by undertaking a conceptual
design of adjacent lands, the design proposed for Block 9 will have to take into consideration
topography and the location of any recreational provisions (i.e. playground equipment), to allow
for comprehensive build-out of this neighbourhood park.
CONCLUSION:
The issues identified through the preliminary circulation and raised at the August 23~d
Development and Technical Services Committee meeting have been included as conditions of
approval, as necessary, for this proposed draft plan of subdivision and zoning by-law
amendment. 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. The proposed plan meets density requirements 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
Reports DTS-10-143 and DTS-10-164.
Reviewed by: Alain Pinard, Interim Director of Planning
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager of Development & Technical Services
Appendices
A -Proposed Draft Plan
B -Parkland Distribution
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Parkland Distribution
Appendix B -Parkland Distribution