HomeMy WebLinkAboutCSD-13-066 - Addendum to CSD-13-033 - Plan of Subdivision and ZC - Eden Oak TrailStuff Report
Community Services Department wwk►tchener ca
REPORT TO: Council
DATE OF MEETING: June 10, 2013
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Michelle Drake, Planner, 519 - 741 -2200 ext. 7839
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: May 31, 2013
REPORT NO.: CSD -13 -066
SUBJECT: ADDENDUM TO CSD -13 -033
DRAFT PLAN OF SUBDIVISION 30T -12201
ZONE CHANGE APPLICATION ZC12 /12 /E /KA
EDEN OAK TRAIL (BLOCK 1, 58M -373)
OWNER: HALLMAN CONSTRUCTION LIMITED
RECOMMENDATION:
That Paragraphs 2 and 3 of Clause 5 of the May 27, 2013 Planning & Strategic
Initiatives Committee report be replaced with the following:
That Zone Change Application ZC12 /12 /E /KA for Hallman Construction Limited
requesting a change in zoning from Community Institutional Zone (1 -2) with Special Use
Provision 275U and Holding Provision 15HSR to Community Institutional Zone (1 -2) with
Special Regulation Provision 597R and from Community Institutional Zone (1 -2) with
Special Use Provision 275U and Holding Provision 15HSR to Community Institutional
Zone (1 -2) with Special Use Provision 429U and Special Regulation Provision 597R be
approved in the form shown in the "Proposed By -law" dated May 31, 2013 attached to
Community Services Department Report CSD -13 -066 as Appendix A; and further,
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990,
Chapter P13 as amended, and delegation by -law 2002 -64, grant draft approval to Plan
of Subdivision Application 30T- 12201, in the City of Kitchener, for Hallman Construction
Limited, subject to conditions outlined in Community Services Department report CSD -
13 -033, save and except C.1 which shall be replaced with the following:
`That this approval applies to Plan of Subdivision 30T -12201 for Hallman
Construction Limited as shown on the Plan of Subdivision dated May 31, 2013
attached to Community Services Department Report CSD -13 -066 as Appendix
B, which shows the following:
REPORT:
Pursuant to the discussion at the Planning and Strategic Initiatives Committee meeting of May
27, 2013 the recommendations related to the Zone Change ZC12 /12 /E /KA and Draft Plan of
Subdivision 30T -12201 applications contained in Community Services Department Report CSD -
13 -033 have been revised. The recommendation regarding the Grand River South Community
Plan remains unchanged and should continue to reference the conditions contained in
Community Services Department Report CSD -13 -033.
Further to the discussion of May 27, 2013, staff have revised the recommendation pertaining to
Zone Change Application ZC12 /12 /E /KA to address minor revisions that were articulated in
Community Services Department Report CSD -13 -033 but in advertently omitted from the
original recommendation. The reference to Special Regulation Provision 15HSR has been
replaced with reference to Holding Provision 15HSR to accurately reflect the type of regulation.
The reference to the proposed zoning has been modified to include Special Regulation
Provision 597R to align with information provided in Community Services Department Report
CSD -13 -033, including the proposed zoning by -law and the public notice.
Staff have also revised the proposed by -law attached as Appendix `A' to address the Planning
and Strategic Initiatives Committee request for the lands at the corners of Eden Oak Trail and
Eden Oak Court to be developed with single detached dwellings. In response to this request,
the applicant has submitted a revised Map 1 attached as Appendix `A' showing Area 1 at the
corners of Eden Oak Trail and Eden Oak Court. The revised Map 1 identifies the zoning for
Area 1 as Community Institutional (1 -2) with Special Use Provision 429U and Special Regulation
Provision 597R. The purpose of Special Use Provision 429U is to restrict residential uses to
single detached dwellings. Semi - detached dwellings and townhouse dwellings will not be
permitted.
Staff have also revised the recommendation pertaining to Draft Plan of Subdivision 30T -12201
to address the Planning and Strategic Initiatives Committee request for the lands at the corners
of Eden Oak Trail and Eden Oak Court to be developed only with single detached dwellings. In
response to this request, the applicant has submitted a revised Draft Plan of Subdivision
attached as Appendix `B' showing two additional blocks (Blocks 1 and 5) at the corners of Eden
Oak Trail and Eden Oak Court. The revised Draft Plan of Subdivision identifies the land use for
the two new blocks as single detached dwellings.
Lastly, the Planning and Strategic Initiatives Committee requested clarification on the Region of
Waterloo's position with respect to permitting residential land uses near the Region of Waterloo
International Airport. Regional planning staff have confirmed that their comments are based on
current policies, including the Provincial Policy Statement (PPS). The PPS allows sensitive land
uses, including residential uses, below the 30 Noise Exposure Forecast (NEF) contour. The
subject property is located in the 25 -30 NEF contour. These contours were last reviewed in
2009 as part of the Airport Business Plan (2009- 2014). The required mitigation measures
outlined by the Region have been included as conditions of draft approval. These mitigation
measures comply with the Ministry of Environment's noise guidelines. Staff understand that the
Airport Master Plan update is underway and that the update should consider surrounding land
uses. Staff are involved in the update process. It is important to note, the other residential lands
are located between the subject property and in closer proximity to the airport.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The proposed draft Plan of Subdivision and Zone Change applications will allow for the
intensification of the property by providing a range of housing types at an overall low intensity of
use in close proximity to parks, open spaces and a school. This aligns with the Kitchener
Strategic Plan as it ensures the implementation of the community priority -'Development'.
FINANCIAL IMPLICATIONS:
Upon registration, there will be ongoing operational costs for the maintenance of the street,
street trees and underground services. In the long term, there will be repair and replacement
costs for the street, sidewalks and services.
COMMUNITY ENGAGEMENT:
The proposed draft Plan of Subdivision and Zone Change applications were circulated to City
departments, outside commenting agencies and property owners within 120 metres of the
subject lands on July 4, 2012. Notice signs were placed on the subject lands advising of the
applications. In response to the circulation of the draft Plan of Subdivision and Zone Change
applications staff received two written responses. Comments were addressed in the Community
Input Section of Community Services Department Report CSD -13 -033. Notice of the Public
Meeting was advertised in The Record on May 3, 2013. One member of the public spoke as a
delegation at the Planning and Strategic Initiatives Committee meeting on May 27, 2013. No
further community engagement is required.
CONCLUSION:
Staff recommend that the revised recommendations in Community Services Department report
CSD -13 -066 be approved.
ACKNOWLEDGED BY: Michael May, Deputy CAO
Community Services Department
Attachments
Appendix `A' Proposed Zoning By -law and Map 1
Appendix `B' Proposed Draft Plan of Subdivision
Appendix `A'
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
— Hallman Construction Limited — Eden Oak Court)
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. 271 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 Community Institutional Zone (1 -2) with Special Use Provision
275U to Community Institutional Zone (1 -2) with Special Use Provision 429U and Special Regulation
Provision 597R.
2. Schedule No. 271 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 Community Institutional Zone (1 -2) with Special Use Provision
275U to Community Institutional Zone (1 -2) with Special Regulation Provision 597R.
3. Schedule No. 271 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 Community Institutional Zone (1 -2) with Special Use Provision
275U and Holding Provision 15HSR to Community Institutional Zone (1 -2) with Special Regulation
Provision 597R.
4. Schedule No. 271 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.
5. Appendix "C" to By -law 85 -1 is hereby amended by adding Section 429U hereto as follows:
"429U. Notwithstanding Section 32.1 of this By -law, within the lands zoned 1 -2 as shown Schedule
271 of Appendix "A ", as affected by this subsection, duplex dwelling, dwelling unit, multiple dwelling,
semi - detached dwelling and street townhouse dwelling shall not be permitted."
PASSED at the Council Chambers in the City of Kitchener this
day of
2013
Appendix `A'
Mayor
Clerk
Appendix `A'
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