HomeMy WebLinkAboutDTS-05-194 - Plan of Subdivision 30T-98204 - Westforest Trail
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Technical Services
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Development and Technical Services Committee
December 5, 2005
JeffWillmer, Director of Planning (741-2325)
Jeff Bannon, Planner (741-2643)
Ward 6
November 28, 2005
DTS-05-194
Plan of Subdivision 30T-98204
Lotco Ltd.
Westforest Trail
EXECUTIVE SUMMARY:
Lotco Ltd is seeking approval for a new Plan of Subdivision 30T-98204 which
proposes 9 residential lots. The subject land is located on the northwest corner of
Victoria St. South and Westforest Trail. The applicant has recently received
approval for application ZC98/12/W/GR which changed the zoning from
Convenience Commercial Zone (C-1) to Residential Six Zone (R-6).
RECOMMENDATION:
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-98204, in the City of Kitchener, for Lotco Ltd.,
subject to the following conditions:
1. That this approval applies to Plan of Subdivision 30T -98204 as shown on the plan
prepared by Cumming Cockburn Limited dated September 22, 2004 and as shown
on the attached Plan of Subdivision prepared by the City of Kitchener dated
November 10, 2005 which shows the following:
Stage One
Lots 1 to 9
- single detached
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 Ltd.) regarding the lands shown outlined on the attached Plan of Subdivision
dated November 10, 2005 and which shall contain the following special conditions:
Part 6 - Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the
proposed subdivision shall be restricted to using Westforest Trail
southerly to Victoria St. and prohibited on Westforest Trail between
Victoria Street and Highland Rd and on all other internal residential
streets in the community. 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.
6.11 The SUBDIVIDER agrees to include the following clause for Lots 1, 8 and
9 shown on CCL drawing No. 6213DP (Sept 22/04), that requires the
owner to include the following clause in the offers to purchase and deeds
or rental agreements:
"Due to its proximity to Westforest Trail and Victoria Street,
projected noise levels on this property exceed the Noise Level
Objectives approved by the Regional Municipality of Waterloo
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and may cause concern to some individuals. Moreover, this
dwelling has been fitted with a forced air-ducted heating system
suitably sized and designed to permit the future installation of a
central air conditioning system by the occupants."
6.12 The SUBDIVIDER agrees to include the following clause for Lot 7 shown
on CCL drawing No. 6213DP (Sept 22/04), that requires the owner to
include the following clause in the offers to purchase and deeds or rental
agreements:
"Due to its proximity to Westforest Trail and Victoria Street,
projected noise levels on this property exceed the Noise Level
Objectives approved by the Regional Municipality of Waterloo
and may cause concern to some individuals. "
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.
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:
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(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.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways
to the CITY by the registration of the Plan of Subdivision.
9. 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 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
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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.
10. 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.
11. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and
Sales Agreements, to the satisfaction of the Director of Planning, that advises:
i) that the home/business mail delivery will be from a
designated Centralized Mail Box.
ii) that the developers/owners 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 centralize mail receiving facilities shall
be shown on maps, information boards and plans, including
maps displayed in the sales office(s).
12. 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.
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 Commissioner of 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
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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 registered. "
4. That prior to final approval, a lot grading and drainage plan be submitted for
approval, for the entire draft plan of subdivision, to the satisfaction of the
Regional Commissioner of Planning, Housing and Community Services, where
the lands drain to a Regional facility.
5. That prior to final approval, the owner prepare an updated noise study, to the
satisfaction of the Regional Commissioner of Planning, Housing and Community
Services, to indicate to the Regional Municipality of Waterloo methods to be used
to abate traffic noise levels from Regional Road No. 55 (Victoria St.) and
Westforest Trail for the entire plan, and if necessary the owner shall enter into a
registered agreement with the Regional Municipality of Waterloo to provide for
implementation of the approved study attenuation measures.
6. That prior to final approval, the owner enter into an agreement with the Regional
Municipality of Waterloo to erect a 1.82 metre high permanent maintenance free
fence adjacent to Regional Road No. 55 (Victoria St.) in accordance with
Regional policies and procedures, except where a noise wall is required in
Condition 5 above.
4. OTHER AGENCY CONDITIONS
NIL
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the City's Director of Planning, the Director
shall be advised by the Regional Commissioner of Planning, Housing and Community
Services Conditions 3.1 to 3.9 have been carried out to the satisfaction of the Regional
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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 Director of Planning, the Director
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 Director of Planning, the Director 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 (ROC By-law 99-038) 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
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.
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Storm water 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 or after July 27, 1998 and shall be processed and finally
disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended as of November
11, 2004.
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.
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
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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
registration.
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
Plan of Subdivision 30T -98204 (new plan)
Lotco Ltd is proposing a subdivision which includes nine lots for approval on the northwest
corner of Victoria Street South and Westforest Trail.
The property has remained vacant for a substantial period of time and has recently been
approved to change the zoning from Convenience Commercial Zone (C-1) to Residential Six
Zone (R-6).
Zone Change Applications
A zone change application to rezone lands from Convenience Commercial Zone (C-1) to
Residential Four Six (R-6) was approved on August 29, 2005.
FINANCIAL IMPLICATIONS:
There will be immediate and ongoing Operations costs for the maintenance of the streets,
sidewalks and underground services. In the long term, there will be repair and replacement
costs for all of the foregoing.
COMMUNICATION:
Aaencv 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 on
February 16, 2005 and a newspaper advertisement was published in the K-W Record on
November 11, 2005 as per Planning Act requirements.
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CONCLUSION:
City staff recommend that Plan of Subdivision 30T-98204 be draft approved.
Jeff Bannon, B.A.
Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments
Plan of Subdivision 30T-98204
Newspaper Advertisement
Appendix A - Department/Agency Comments
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