HomeMy WebLinkAboutDTS-06-013 - Draft Plan of Subdivision App 30T-05206
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Report To:
Date of Meeting:
Submitted By:
Development and Technical Services Committee
March 6,2006
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Jeff Willmer, Director of Planning
741-2325
Cory Bluhm, Planner, 741-2776
Ward 4
February 28, 2006
DTS-06-013
Draft Plan of Subdivision Application 30T-05206
Rittenhouse Road
Country Hills West Community
Prosperity Developments Inc.
City-Initiated Zone Change ZC/06/03/R/CB
EXECUTIVE SUMMARY:
The applicant proposes to build 92 townhouse units on an infilllot, located within the Country
Hills (Forest Glen Plaza) mixed use node. Extra attention has been paid to the Rittenhouse
Road streetscape, with opportunities to redefine this stretch of road as a community focal point
(see DTS Report 06-023). On-street parking will be maximized through a new approach -
communal perpendicular parking stalls. Modifications to the zoning bylaw are proposed to
facilitate the additional parking stalls, encourage live-work units and a more visually compact
streetscape along Rittenhouse Road.
The Regional Muncipality of Waterloo, however, has noted concerns over potential
contamination of ground water from the adjacent service station and/or the former landfill
(McLennan Park). As these concerns could result in a modification of the subdivision plan, it is
recommended that draft approval not be granted by City Council until a hydrogeological
assessment is completed to the satisfaction of the Regional Municipality of Waterloo.
RECOMMENDATION:
A. That recommendations C and D of report DTS-06-013 (as listed below) not be
considered by City Council until such time as the City's Director of Planning is in receipt
of a letter from the Regional Municipality of Waterloo confirming that they are satisfied
with the necessary hydrogeological assessment, as outlined in the Regional comments,
dated February 1, 2006, and that no changes are required to the proposed plan of
subdivision and/or conditions of draft approval. If the hydrogeological assessment
requires modifications to the proposed plan of subdivision and/or conditions of draft
approval, that these applications return to DTS Committee for further consideration.
B. That recommendations C and D of report DTS-06-013 (as listed below) not be
considered by City Council until such time as the subdivider has verified that sufficient
sanitary capacity is available to service the proposed development, to the satisfaction of
the City's Director of Engineering.
C. That Zone Change Application ZC 06/03/R/CB, initiated by the City of Kitchener, to
change the zoning on the subject lands, by modifying Special Use Provision 342U on
lands legally described as Plan 1416 Block A, more particularly described as part of Part
1 and Part 2, Plan 58R2575, in the City of Kitchener, be approved, in the form shown in
the attached "Proposed By-law", dated February 6, 2006.
D. 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-05206, in the City of Kitchener, for Prosperity Developments
Inc., subject to the following conditions:
1. That this approval applies to Plan of Subdivision 30T-05206 for Prosperity Developments
as shown on the attached Plan of Subdivision, dated February 27, 2006, which shows the
following:
Stage 1
Block 1-16
Block 17
Type
Street Townhouse Dwellings
Walkway
Maximum # Lots
92
Total
Residential
92 lots
2.0 CITY OF KITCHENER CONDITIONS
SPECIAL CONDITIONS IN ADDITION TO STANDARD 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 (Prosperity
Developments Inc.), regarding the lands shown outlined on the attached Plan of
Subdivision dated February 27, 2006, and which shall contain the following special
conditions:
Section 2
Prior to Grading
2.11 The SUBDIVIDER agrees that the final approved area grading plan shall include
noise attenuation measures located at the rear of Blocks 1 to 6, inclusive and the
eastern rear of Block 7, the design of which shall be certified by a qualified
Acoustical Engineer, to the satisfaction of the CITY'S Director of Engineering
Services, in consultation with the Region of Waterloo. The noise attenuation
measures shall be in accordance with the recommendations outlined in the
submitted noise study entitled "Preliminary Noise Field Investigation - Proposed
Residential Development - Lakefield Crescent Subdivision" prepared by SS
Wilson Associates, dated September 29, 2005.
Section 4
Prior to Issuance of Any Building Permits in Each Stage
4.22 The SUBDIVIDER acknowledges that site plan approval is required for all street
townhouse blocks. In addition to standard site plan approval requirements, the
City will also review building elevation drawings to ensure variation between
adjacent townhouse blocks, and will review landscape plans to ensure a
maximum number of front yard tree plantings are provided.
Section 6
Other Time Frames
6.10 The SUBDIVIDER agrees that during area grading construction traffic to and
from the proposed subdivision shall be restricted to Rittenhouse Road northerly
to Block Line Road.
Construction traffic will be prohibited from using any other internal residential
streets in the community, including Rittenhouse Road south of the subject lands.
The SUBDIVIDER agrees to advise all relevant contractors, builders and other
persons of this requirement with the SUBDIVIDER being responsible for any
required signage prior to the commencement of area grading, all to the
satisfaction of the CITY'S Director of Engineering Services.
6.11 The SUBDIVIDER agrees to undertake any measures required to ensure proper
water pressure (not to exceed 85 psi - 60m head) to all lots and blocks within the
proposed development in accordance with local and provincial guidelines, to the
satisfaction of the CITY'S Director of Engineering Services or Chief Building
Official.
6.13 The SUBDIVIDER agrees that the following warning clauses shall be inserted in
all agreements of purchase and sale, and/or rental agreements, for all Lots:
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"Warning Clause:
Purchasers are advised that there are commercial and recreational uses
nearby. Effects may be experienced, such as sound levels from the
commercial uses, including tuck idling and operation of garbage
compactors, that may at times be audible, and traffic from the recreational
uses. "
6.14 The SUBDIVIDER shall enter into a maintenance agreement with the City of
Kitchener to include the following maintenance clause for Blocks 1 to 7:
"The Owner agrees to preserve the function of and to maintain the noise
wall upon the lands, to the satisfaction of the City's Director of
Engineering. The purpose of the wall is to attenuate stationary noise from
nearby commercial facilities. The owner agrees that the City, through its
employees and agents, has the right to enter onto the lands to inspect the
noise wall. The owner agrees to repair, or if necessary, replace the noise
wall upon receipt of a written notice from the City, as the City deems
necessary. The owner agrees that the City may undertake such work
upon the expiration of the time set out in the notice. If such work is
undertaken by the City, the owner agrees to permit entry upon the lands
for this purpose and agrees that the City may fully recover all costs
associated with undertaking such work in like manner as municipal taxes. "
6.15 The SUBDIVIDER shall enter into a maintenance agreement with the City of
Kitchener to include the following maintenance clause for Blocks 1, 10, 11 and
16:
"The Owner agrees to preserve the function of and to maintain the decorative
fence and plantings adjacent to Rittenhouse Road (Blocks 1, 10, 11 and 16), to
the satisfaction of the City's Director of Planning. The purpose of these are to
provide an attractive streetscape feature for Rittenhouse Road. The owner
agrees that the City, through its employees and agents, has the right to enter
onto the lands to inspect the decorative fencing and plantings, and to provide
structural maintenance and repairs necessary for public safety. The owner
agrees not to alter, deface or remove the decorative fencing or plantings. In the
event that Blocks 1, 10, 11 or 16 are further subdivided, this agreement shall
apply only to those lots that abut Rittenhouse Road. "
6.16 The SUBDIVIDER agrees that the required decorative fence and plantings
adjacent to Rittenhouse Road, on Blocks 1, 10, 11 and 16 shall be constructed at
the SUBDIVIDER'S cost in accordance with the approved landscape plan and
shall be installed prior to the transfer of title of affected lots to the first time
occupants, or in the event of winter conditions shall be installed by June 1
immediately following such transfer of title.
6.17 The SUBDIVIDER agrees to implement the On-Street Parking Plan - Preferred
Option, as prepared by The GSP Group, dated January 13, 2006, to the
satisfaction of the CITY's Director of Transportation Planning.
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6.17 The SUBDIVIDER agrees that included as responsibilities for the installation of
traffic signs, the subdivider shall arrange for the erection of parking signs and the
marking of pavement for the delineation of permitted on-street parking spaces, and
that all other sections of the road shall be demarcated, by the subdivider, as areas
where on-street parking is not permitted, to the satisfaction of the CITY's Director of
Transportation Planning.
ADDITIONAL CONDITIONS TO BE FULFILLED PRIOR TO REGISTATION
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil the
following conditions:
1. The City Standard Residential Subdivision Agreement be registered on title of the
subject lands.
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 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.
5. 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.
6. 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
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approval from the CITY'S Director of Planning or, in the case of parkland, the
General Manager of the CITY'S Community Services Department; 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.
7. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to
the appropriate authority (City of Kitchener) by the registration of the Plan of
Subdivision or at any such time upon the request of the appropriate authority (City).
8. 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, centralized mail facility
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.
9. The SUBDIVIDER agrees to provide a landscape plan for the decorative fence and
plantings, for Blocks 1, 10, 11 and 16, which includes materials that are
maintenance free, to the satisfaction of the City's Director of Planning and the
General Manager of Community Services.
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10. The SUBDIVIDER agrees to provide a one-time maintenance fee in a reasonable
amount to be determined, to the satisfaction of the City's General Manager of
Community Services, for the ongoing maintenance of the decorative fence and
landscape plantings on Blocks 1, 10, 11 and 16, in accordance with the approved
landscape plan.
11. The SUBDIVIDER agrees to provide easements to the City to the satisfaction of the
CITY's Solicitor, over portions of Blocks 1 to 7, 10, 11 and 16, for maintenance
access to the noise attenuation wall and the decorative landscape fence along
Rittenhouse Road.
12. The SUBDIVIDER shall provide the City's Director or Planning with certification from
a qualified engineer that noise attenuation measures have been installed at 700
Strasburg Road to mitigate noise from rooftop mechanical equipment, in accordance
with the recommendations outlined in the submitted noise study entitled "Preliminary
Noise Field Investigation - Proposed Residential Development - Lakefield Crescent
Subdivision" prepared by SS Wilson Associates, dated September 29, 2005.
13. 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
1. That the subdivision agreement be registered by the City of Kitchener against the lands
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;
2. 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 comes 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;
3. 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 fulfillment
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
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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 the owner satisfy the requirements of Grand River Transit
relating to the operation of bus service within the plan, and enter into an agreement if
necessary to the satisfaction of the Regional Commissioner of Planning, Housing and
Community Services and provide a letter of credit equal to all costs for construction of
any required transit pads;
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 that Conditions 3.1 to 3.4 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 Director of Planning, the
Director shall be advised by the telephone company that Conditions 2.2.5 and 2.2.6
have been carried out satisfactorily. The clearance letter should contain a brief
statement as to how the condition was satisfied.
3. That prior to the signing of the final plan by the City's Director of Planning, the
Director shall be advised by Kitchener-Wilmont Hydro that Conditions 2.2.4 and
2.2.6 have been carried out satisfactorily. The clearance letter should contain a brief
statement as to how the condition was 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 Planning and Development
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
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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 $60.00 respectively.
Regional Fees
5. The owner/developer is advised that the Regional Municipality of Waterloo has
adopted By-Law 96-025, 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, are
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, are 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, are submitted to the
Ministry of the Environment for approval.
Planning Act Applicability
9. This draft plan was received on October 24, 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! 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, Housing and Community Services initiate preparation of the
agreement. When sufficient capacity is confirmed by the Region's Commissioner
of Transportation and Environmental Services 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
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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 City or Regional Release is issued by the City's Director of
Planning or the Regional Commissioner of Planning, Housing and Community
Services 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 City or 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 City or Regional Planner responsible for the file, no later than
December 15th. City and Regional staff can not ensure that a City or Regional
Release would be issued prior to yearend where the owner has failed to submit
the appropriate documentation by this date.
Review
12. Draft approval will be reviewed by the City of Kitchener Council from time to time
to determine whether draft approval should be maintained.
Final Plans
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 will be endorsed on the plan and it will be forwarded to the Registry
Office for registration. The following is required for registration under The
Registry Act and for our use:
One (1) original mylar
Four (4) mylar copies
Four (4) white paper prints
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BACKGROUND:
In 2004, this property was severed from the adjacent Forest Glen Plaza and rezoned to allow
street townhouse dwellings. A second portion of the plaza was severed and rezoned to permit a
10-storey+ apartment building. The intent of that zone change was to increase population
around the mixed use node through a diversity of housing options, which can support the
commercial, community and transit services currently located in the node.
REPORT:
Subdivision Layout
The proposed subdivision will form a u-shaped crescent road with 92 lots for street townhouse
dwellings.
Provincial Policy Statements/Places to Grow/Regional Growth Management
The proposed infill subdivision is an exemplary example of quality reurbanization, as it:
. Will add new free-hold residential units to an existing built area;
. Will provide a compact, yet appropriate form and scale of development;
. Will support the adjacent shopping plaza, community facilities and transit hub;
. Will make use of existing infrastructure; and,
. Will use a high level of urban design in establishing a new neighbourhood landmark and
a sense of place.
Urban Design
The 2004 staff report dealing with the zone change outlined 7 urban design expectations for this
development. The following outlines co-operative measures agreed upon between staff and the
applicants to implement each expectation:
. Quality Building Design - attractive townhouse designs have been prepared. Through
the site plan process, staff will ensure variation between each townhouse block.
. Residential Compatibility - building heights and styles are compatible with the adjacent
neighbourhood.
. Rittenhouse Road Frontage - extra design features have been added to the side
elevations facing Rittenhouse Road, and decorative brick pillars will further
define the streetscape edge.
. Landscaping and Natural Features - a landscaped feature (brick pillars and plantings)
have been included along Rittenhouse. Through the site plan process, staff will
ensure that front yard and corner lot tree plantings are maximized.
. Linkages - a pathway has been provided to link this crescent to the existing municipal
walkway.
. Detailing the Space - decorative brick columns and fencing will be provided as a
defining entry feature.
. Buffering Service Areas - noise walls will be provided.
In relation to Section 3.0 (Neighbourhood Design) of the Urban Design Manual, the proposed
subdivision will help create a sense of place, give an identifiable character to the entranceway to
Country Hills, and create a future landmark for the community. Efforts have been made to
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ensure an attractive streetscape along Lakefield Crescent, and extra attention has been paid to
ensure the four units facing Rittenhouse Road provide an attractive presence to the street.
City of Kitchener Municipal Plan
The lands are designated 'Mixed Use Node' which encourages residential development with a
floor space ratio ranging between 0.6 and 2.0. Development should be pedestrian oriented and
of a built form that is compatible with surrounding residential areas.
The proposed subdivision will result in a total floor space ratio of 0.80 and will provide an
effective transition between the future apartment building and the existing residential dwellings
on The Country Way.
Zone Change - City Initiated
Site specific Residential Nine (R-9) zoning was established in 2005 to permit this development.
However, included with this approval is a City-initiated zone change to add new provisions to
Special Use Provision 342U (a provision specific to the subject lands). The purpose of the zone
change is threefold:
1) To permit expanded home based businesses for the 4 lots facing Rittenhouse Road;
2) To reduce the maximum required lot width for corner lots 74 and 75, facilitating the
provision of 18 additional on-street parking spaces in a perpendicular fashion, from
12.5m to the proposed 9.0m; and,
3) To reduce the maximum required lot width for corner lots 1, 56, 57 and 92, from
15.0m to 12.5m to 9.0m, as previously approved through minor variances.
These items are initiatives of the City, supported by the applicants, to achieve community
benefits. Expanded home businesses (item 1) will encourage live-work style housing in a mixed
use node. These provisions are similar to those used on the Woodside Avenue project, and are
appropriate as the lots front a collector road, and are located next to available on-street parking
along Rittenhouse Road.
Reduced lot widths (item 2) are needed to facilitate more on-street parking spaces.
Encouraging buildings to locate closer to Rittenhouse (item 3), creates a more attractive and
potentially active streetscape.
All items represent good planning, and are supported by the City's Municipal Plan.
Parkland
A fee for 50/0 cash-in-lieu of parkland for the subject property was paid on a previous severance
application. No further fee or dedication is required.
Environment
The site is devoid of vegetation, except for scattered individual trees. The standard tree
management condition will been included in the Subdivision Agreement. A detailed vegetation
plan for the existing trees will be required prior to registration or pre-servicing.
Engineering (Services, Stormwater Management, etc)
The applicants will be required to verify that the existing storm water management system will
be sufficient to handle this proposed subdivision. Servicing for the future apartment building
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facing Block Line Road will go through a pre-established easement between Blocks 2 and 3 and
connect to Brookfield Crescent.
Transportation Planning (On-Street Parking)
Forest Glen Plaza is home to a new transit hub, which currently accommodates 4 bus routes,
providing an alternative mode of transit for future residents of the proposed subdivision.
Notwithstanding, the provision of on-street parking created challenges with the proposed
subdivision. Because the proposed development scheme will situate street fronting townhomes
across from street fronting townhomes, very few curb side parking spaces can be provided.
Transportation Planning staff feel that the existing parking spaces on Rittenhouse Road are not
convenient to the majority of the development, and as such, parking on Brookfield Crescent
should be maximized. The original plan proposed 11 on-street spaces.
City staff and the applicants have explored various options for alternate on-street parking
solutions. Although it is Transportation Planning's preference to see various units omitted from
the draft plan, to allow for a communal parking area, or greater gaps between townhouse
blocks, the owner has raised great concerns over the financial viability of the project, should
less than the proposed 92 units be built. Similarly, this is an infill site, and the Municipal Plan
encourages maximizing residential units (particularly affordable units) in mixed use nodes that
are close to transit facilities.
Based on these considerations, 2 options have been developed which represent the best
options for on-street parking without compromising the density or number of units:
Preferred Option: 5 curb side spaces, 18 perpendicular parking spaces, & 30+ existing parking
spaces on Rittenhouse Road.
Alternate Option: 11 curb side spaces & 30+ existing parking spaces on Rittenhouse Road.
As for pro's and con's, the alternate option provides fewer parking spaces, but less of a
municipal responsibility for ongoing maintenance, snow clearing, repair, etc. Conversely, the
preferred option will maximize the number of parking spaces available, but will result in
increased costs for the City. More specifically:
Difficulties with snow removal for the perpendicular parking spaces;
Added right-of-way and infrastructure for the City to maintain.
In order to ensure that on-street parking happens only in legal spaces, it is recommended that
street signage and pavement demarcations be implemented prior to occupancy. Doing so will
ensure awareness of residents of where parking is and is not permitted. Condition 6.17 has
been included in the approval to require these measures.
Finally, Prosperity Homes will explore the option of providing wider garages where possible, to
ensure that owners have an ability to park a car in the garage and store other belongings.
Given the proximity of this subdivision to a GRT hub, given the proximity of nearby parking
(Rittenhouse Road, Lions Arena and Forest Glen Plaza), and given good planning principles to
promote alternative transportation modes and walkable communities, Planning staff are
confident that these measures can effectively deal with potential on-street parking concerns.
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Walkability
The proposed plan of subdivision is consistent with the City of Kitchener Pedestrian Charter.
There will be sidewalks on both sides of the proposed street, as per Council Policy. A new
pathway (Block 17) will connect Lakefield Crescent with Forest Glen Shopping Plaza, the GRT
transit hub, and the existing trail system. Streetscape improvements to Rittenhouse Road will
also improve neighbourhood walkability, by improving the aesthetic quality of the street.
Street Naming
The proposed street name, Brookfield Crescent, complies with the City's Street Naming and
Addressing Policy.
Community Input
Community consultation was originally conducted as part of the original zone change application
in 2004. The community expressed a clear preference for low rise development, which this
proposal will provide.
Two subsequent comments were provided on this application. Both suggested a need for
increased park space. Given this site's proximity to the Lions Park and McLennan Park,
residential lands remain the highest and best use of the site. Efforts have been made to
maximize the presence of trees and soft landscaping.
No public circulation was conducted with respect to the current City-initiated zone change to
reduce the corner lot widths and to permit expanded home based businesses, but notice was
given as part of the advertisement for the subdivision, posted in The Record on February 10th,
2006.
Agency Comments
The subdivision and previous zone change applications were circulated to applicable agencies.
The responses received are attached to this report as Appendix "A". Any issues/requirements
have been addressed or are included as conditions of approval.
Noise Attenuation
At the request of the Region, a noise study was conducted, which outlined a series of mitigation
requirements to reach acceptable MOE standards. These include:
1. Installation of acoustic screens around the mechanical roof equipment of Forest Glen
Plaza;
2. Prohibition of truck idling in the rear service area of Forest Glen Plaza;
3. Limiting operation of garbage compactors from Forest Glen Plaza;
4. Property line sound barriers (sound fence or berm) adjacent to Forest Glen Plaza and
the adjacent service station;
5. Warning clauses included on title.
Conditions have been included in order to implement measures 1, 4, and 5. As the City has no
practical way to monitor and control the operations of the plaza, items 2 and 3 can not be
implemented.
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Hydrogeology
A Record of Site Condition was conducted and acknowledged by the Ministry of Environment.
However, the Region has requested further review to ensure no ground water contamination
exists as the site is potentially downstream from a service station and McLennan Park (landfill).
As the geo-technical report identified potential floodings in basements, Regional staff want to
ensure that any flood waters would not be contaminated, or that sufficient measures are
undertaken to prevent such flooding.
As this concern could potentially alter the layout of the proposed plan, it is necessary to see this
issue resolved, prior to draft approval by Council.
FINANCIAL IMPLICATIONS:
No new or additional Capital Budget requests are associated with this recommendation. Upon
registration, there will be immediate and ongoing Operations costs for the maintenance of the
street, parking area, walkway, and underground services. In the long term, there will be repair
and replacement costs for streets, walkways and services. On-street parking option #2 will
require greater operational costs than option #1.
The ongoing maintenance costs of the existing down stream storm water management facility
and pumping station are already the responsibility of the City. The proposed number and type
of new residential lots will add to the assessment growth in the City of Kitchener.
COMMUNICATION:
The proposed draft plan of subdivision was first circulated to departments, agencies and
property owners within 120 metres of the subject lands on November 16, 2005. In response to
the circulation of the applications, staff received 2 letters from the community and these are
discussed in the 'Community Input' section of the report and attached as Appendix "B".
Notice of the March 6, 2006 public meeting of the Committee of Council dealing with Planning
matters was advertised in The Record on February 10, 2006. A copy of the advertisement is
attached.
CONCLUSION:
Based on the foregoing, the draft plan of subdivision would conform to Provincial Policy and the
City's Municipal Plan. The issues identified through the preliminary circulation have been
considered in detail and as necessary, included as conditions of approval. The lands are
considered "infill", thus not identified in the Staging of Development Report. The plan
represents proper and orderly development of the City and complies with the criteria identified in
Section 51 (24) of the Planning Act for the subdivision of land.
Subject to the applicants addressing Regional concerns over the hydrogeological assessment,
staff recommend that the applications be approved.
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Cory Bluhm, BES
Planner
Attachments:
Plan of Subdivision 30T-05206
Proposed Zoning Bylaw
Map "A" - Onpoint Enterprises Air Photo
Newspaper Advertisement
Appendix "A" - On-Street Parking Options
Appendix "B" - Department/Agency Comments
Appendix "C" - Neighbourhood Comments
Jeff Willmer, MCIP, RPP
Director of Planning
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PROPOSED BY-LAW
February 6, 2006
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 -
Prosperity Developments Inc - Block Line Road and
Rittenhouse Drive)
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. Appendix "c" to By-law 85-1 is hereby amended by adding the following clauses to
section 342 thereto as follows:
342. lie) the minimum corner lot width for a street townhouse dwelling shall be 9
metres; and
f) a home business within a street townhouse or multiple dwelling located on a
lot abutting Rittenhouse Road may occupy a maximum of 45 square metres
and shall have a maximum of one customer or client at one time."
PASSED at the Council Chambers in the City of Kitchener this
day of , 2006.
Mayor
Deputy Clerk
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