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HomeMy WebLinkAboutDTS-05-186 - Plan of Subdivision 30T-05203 - Pine Valley Drive (Doon Mills) ) R Development & Technical Services Report To: Date of Meeti ng : Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee November 21,2005 Jeff Willmer, Director of Planning (741-2325) Della Ross, Senior Planner (741-2327) Ward 4 October 27, 2005 DTS-05-186 Plan of Subdivision 30T -05203 Pine Valley Drive (Doon Mills) Lotco II Ltd. EXECUTIVE SUMMARY: Lotco II Ltd. is proposing to develop Plan of Subdivision 30T-05203 on Pine Valley Drive, which is located in the Doon Mills subdivision. The subject property is 1.18 hectares in size and the applicant is proposing 17 single detached units. RECOMMENDATION: A. That the Doon South Community Plan be revised to amend the Land Use Map, as shown on the plan dated October 24, 2005. 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-05203, in the City of Kitchener, for Lotco II Ltd. subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T -05203 as shown on the plan prepared by Lotco II Ltd. and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 24, 2005, which shows the following: Lots 1 to 1 7 - single detached residential 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Lotco II Ltd.) regarding the lands shown outlined on the attached Plan of Subdivision dated October 24, 2005 and which shall contain the following special conditions: Part 6 - Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic will be designated as north on Pine Valley Drive to Doon Mills Drive/Doon South Drive to Homer Watson Boulevard. 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. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. 3. 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. 2 4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 5. 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. 6. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone 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 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 HYDRO, and telephone 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 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 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 each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 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: 3 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 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 Department of Development and Technical Services. 13. The SUBDIVIDER agrees that the streets shall be named to the satisfaction of the CITY'S Director of Planning in accordance with Council Policy I -1070 and that the Region of Waterloo has approved the proposed street names. 14. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, 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. 15 The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales Agreements, that advises: i. that the home/business mail delivery will be from a designated Centralized Mail Box(es). ii. that the subdivider be responsible for officially notifying the purchasers of the exact Centralized Mailbox locations prior to the closing of any home sales iii. that the location of all centralized mail receiving facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). 4 15 The SUBDIVIDER agrees to have all proposed tree and shrub plantings on public rights of way reviewed and approved by the General Manager of Community Services. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. That the owner agrees to stage the development of 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 land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissionerof Planning, Housing and Community Services prior to final approval of the subdivision plan. 3. a) 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 occurs 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. b) 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 fulfilment 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 reg istered." 4. OTHER AGENCY CONDITIONS - None 5 5. CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services Conditions 3.1 to 3.3 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the telephone company that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 3. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality 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 Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement 4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. Fees 5. The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, 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 subdivision. Approvals for Servicing Systems 6. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed 6 water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Stormwater Management 7. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Sewage System 8. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Planning Act Applicability 9. This draft plan was received on May 5, 2005 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended as of that date. Regional Servicing Agreement 10. 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 Engineering to service the density as defined by 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 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture 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. 7 Final Plans - Subdivision 12. 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 signature of the CITY's Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for reg istration. The following is required for registration and under The Registry Act and for our use: One Four Four (1 ) (4) (4) original mylar mylar copies white paper prints REPORT: Description Lotco II Ltd. is proposing to develop Plan of Subdivision 30T-05203 which creates a street, Zohrab Place, accessing Pine Valley Drive, in the Doon Mills community. The subject property is 1.18 hectares in size and proposes 17 single detached units. This block was created as Block 24, RP 58M-317, in Plan of Subdivision 30T-95018. The block was initially intended for multiple development to be processed through site plan approval. However, the existing grades on the site have resulted in this being an inappropriate block for a townhouse development. Single detached lots are more appropriate as the steep grades can be incorporated into the rear yards of the lots. The zoning is Residential Six (R-6) and municipal plan designation is Low Rise Residential which permits the proposed single detached dwellings. Community Plan Amendment An amendment to the Doon South Community Plan is required to amend the land use map to identify these lands as Low Density Residential instead of Multiple Residential. While City policy encourages a mix of landuse and dwelling type within communities, the developer has demonstrated that the grades on this site make it more appropriate for the development proposed. There are very steep slopes on a portion of the site that would be difficult to develop which makes a typical multiple development unfeasible. With the single detached units, the steep slopes behind lots 9 to 17 can be part of the rear yards. City staff also reviewed the entire Plan of Subdivision 30T -95018 from which the proposed plan is a block. Within the plan there is a sufficient number of mixed use and townhouse blocks that are built and proposed which will provide the mix in residential landuse that the city is encouraging. Stormwater ManaaementSanitarv/Water Servicina All servicing was approved and is accommodated by Plan of Subdivision 30T-95018. 8 Parks and Open Space Park dedication was provided for in Plan of Subdivision 30T -95018. Comments from Neiahbourhood Circulation There were three letters received by planning staff from the neighbourhood circulation of the proposed plan. One property owner supported the proposed development. The two other letters were from adjacent property owners who felt that the density proposed was too high and questioned whether the infrastructure could accommodate the proposed development. It should be noted that if the grading conditions had been able to accommodate multiple residential development there may have been 35 - 45 townhouse units developed on this block. As this is a block within an approved and registered plan of subdivision, it is already designated for development and infrastructure to support and service this block has been accommodated. This is not infill or intensification in an existing community, but rather development of an existing block, which is designated and zoned for the proposed use. FINANCIAL IMPLICATIONS: There will be immediate and ongoing Operations costs for the maintenance of the sidewalks, streets and underground services. In the long term, there will be repair and replacement costs for all of the foregoing. COMMUNICATION: Aaency and Department Circulation This plan was circulated to all required agencies and city departments. The comments received have either been addressed or included as conditions of draft approval. Neiahbourhood Circulation The plan was circulated to all property owners within 120 metres of the subject lands as per Planning Act requirements. Additional circulation is not required as it has been less than one year since the initial circulation. CONCLUSION: City staff recommend that Plan of Subdivision 30T-05203 be draft approved. Della Ross, M.A., MCIP, RPP Senior Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments Plan of Subdivision 30T -05203 Proposed Community Plan Amendment Newspaper Advertisement Appendix A - Department/Agency Comments Appendix B - Neighbourhood Comments 9