HomeMy WebLinkAboutDTS-06-030 - Emergency Access Policy Exemption Request, Valleyview HeightsDevefopme►rt &
Technical Services
REPORT 74
Report To: Development and Technical Services Committee
Date of Meeting: February 20, 2006
Submitted By: Rob Browning, Interim General Manager, DTS Department
Prepared By: Brandon Sloan, Planner
Ward(s) Involved: Ward 6
Date of Report: February 16, 2006
Report No.: DTS -06 -030
Subject: Emergency Access Policy Exemption Request
Valleyview Heights (St. Jacob's) Ltd.
Plan of Subdivisions 30T -00204 and 30T -00201
RECOMMENDATION:
That Valley View Heights (St. Jacobs) Ltd. be granted an exemption from Council Policy I -1035
— Emergency Access, to allow the registration and development of Plan of Subdivision 30T-
00204 (Valley View) in advance of Plan of Subdivision 30T -00201 (TLV Developments), subject
to the following conditions:
1. That an easement for emergency access purposes from Fairway Crescent to
Sims Estate Drive through Plan of Subdivision 30T- 00201, be granted to the City
of Kitchener, to the satisfaction of the City Solicitor; and
2. That the Mayor and Clerk be authorized to enter into an agreement, to the
satisfaction of the City Solicitor, whereby Valley View Heights (St. Jacobs) Ltd.
shall provide for maintenance, indemnification, `knock -down' or other barriers
acceptable to the City's Chief Fire Prevention Officer and other related matters.
REPORT:
Valley View Heights is currently developing a residential plan of subdivision (30T- 00204) that is
located east of Morrison Road and the Chicopee Ski Hill and south of Fairway Road in the
Grand River South neighbourhood. The plan of subdivision is imminently close to registering;
however, a condition of approval requires the plan to register concurrently with or subsequent to
the registration of the plan of subdivision to the immediate east (TLV Developments 30T-
00201). The purpose of this condition is that both plans are dependent upon each other for
second means of road access and Valley View requires extension of services through TLV
lands. The TLV plan is currently going through a modification and has several matters to clear
prior to registration and therefore the timing is not as immediate as the Valley View plan. Valley
View has identified that they cannot wait for the TLV plan to register.
The services have already been extended and the roads physically constructed; however, the
roads required to ensure second means of access (including for emergency vehicles) have not
been dedicated to the City yet as the TLV plan is not ready for registration. Valley View has
worked extensively with City staff from Legal, Engineering, Transportation Planning, Planning
and Fire to address the practical matters and legal ramifications of establishing an `emergency
access' route over the roads in the TLV lands until such time as the TLV plan is registered and
the roads dedicated to the City.
To allow Valley View to proceed to register requires an exemption to Council's Emergency
Access Policy 1 -1035 in order to permit development beyond 300m without a permanent second
means of access. In this instance, arrangements would be made for an emergency access to
be provided over the TLV lands, until such time as the road is available through those lands for
a permanent access (in other words, the emergency access exemption is only `temporary').
Legal staff have worked with the Solicitor for Valley View on preparing an agreement with
respect to this matter, including such items as timing, maintenance /snow removal
responsibilities, liability, indemnification and other related matters. No occupancy of any
dwellings that would be built in the Valley View subdivision would be permitted until either the
adjacent TLV subdivision is registered or an easement over the required roads has been
granted to the City.
CONCLUSION:
Given the temporary nature of the exemption from the Emergency Access Policy and the
proposed agreement between the City and the landowners, staff support the Valley View
exemption request.
Brandon Sloan, MCI P, RPP
Planner
List of Attachments:
Rob Browning
Interim GM, DTS Department
Appendix "A" — Location Map
Appendix "B" — Valley View Plan of Subdivision 30T -00204
Appendix "C" — TLV Plan of Subdivision 30T -00201
2