HomeMy WebLinkAboutDTS-06-089 - Draft Plan of Subdivision App 30T-04207, Zone Change App ZC 05/21/H/TMW
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Development &
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
June 12, 2006
Jeff Willmer, Director of Planning (741-2325)
Andrew Pinnell, Planner (741-2765)
Ward 4
May 31,2006
DTS-06-089
Draft Plan of Subdivision Application 30T-04207
Zone Change Application ZC OS/21/H/TMW
Valleyview Road - Howe Drive Community Plan Amendment
62 and 70 Howe Drive
Edmund Farrage
EXECUTIVE SUMMARY:
Edmund Farrage is proposing to develop Plan of Subdivision 30T-04207, which is located on
Howe Drive, between the Conestoga Parkway (Highway 7/8) and Howe Drive, northeast of the
current terminus of Windale Crescent. The subject property is 2.211 hectares in size and
proposes 43 single and semi detached units, 1 future residential development block, 1 park
block, and 1 open space/stormwater management block.
RECOMMENDATION:
A. That the Valleyview Road - Howe Drive Community Plan be revised to amend Map 1,
"General Land Use", as shown on the plan dated May 16, 2006 attached to Report DTS-
06-089.
B. That Zone Change Application ZC 05/21/H/TMW (Edmund Farrage) requesting a
change in zoning from Residential Six Zone (R-6), and Public Park Zone (P-1) to
Residential Four Zone (R-4), Residential Four Zone (R-4) with Special Regulation
Provision 441 R, Residential Four Zone (R-4) with Special Regulation Provision 442R,
Residential Four Zone (R-4) with Special Regulation Provision 443R, Residential Six
Zone (R-6) with Special Regulation Provision 444R and Holding Provision 52H, and
Open Space Zone (P-2); on lands legally described as Part of Lot 47, German Company
Tract, designated as Parts 1 and 2, Reference Plan 58R-820; and Part 1, Reference
Plan 58R-9281, in the City of Kitchener, be aooroved in the form shown in the attached
"Proposed By-law", dated May 30, 2006, without conditions.
C. That an exemption to the street naming policy be approved to allow Windale Crescent to
remain with the suffix "Crescent".
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-04207, in the City of Kitchener, for Edmund Farrage, subject to
the following conditions:
1. That this approval applies to Plan of Subdivision 30T -04207 as shown on the plan prepared
by Planning and Engineering Initiatives Ltd. dated May 24, 2006, and as shown on the
attached Plan of Subdivision prepared by the City of Kitchener dated May 30, 2006, which
shows the following:
Stage One
Lots 1 and 2
Lots 3 to 7
Lots 8 to 43
Block 44
Block 45
Block 46
land Use
Residential (existing Single Detached Dwellings)
Residential (Single Detached Dwellings)
Residential (Semi-Detached Dwellings)
Park
Open Space I Stormwater Management
Future Residential
Max No. Units
2
5
36
Total
Residential
43 units
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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 (Edmund Farrage)
regarding the lands shown outlined on the attached Plan of Subdivision dated May 30,
2006 and which shall contain the following special conditions:
Part 3 - Prior to Servicinq
3.16 The SUBDIVIDER acknowledges that sidewalks are required to be constructed
on both sides of all streets within the subdivision in accordance with the CITY'S
Sidewalk Location Policies, including along the northwest side of Howe Drive
from the sidewalk on the northeast side of the proposed portion of Windale
Crescent to the northeast limit of the plan.
Part 4 - Prior to Issuance of Any Buildinq Permits
4.22 The SUBDIVIDER shall install, to the approval of the General Manager of
Community Services, a 3 metre wide community trail in Block 18, Registered
Plan 1663 (Windale Park) and Block 44 of plan 30T -04207 to provide park
access prior to the issuance of building permits.
4.23 The SUBDIVIDER shall install a 1.2 metre high chain link fence, to the approval
of the General Manager of Community Services along the limit of Windale Park
adjacent to Lot 6 and Lots 12 to 17.
Part 6 - Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Ottawa Street via Howe Drive and that
traffic will be prohibited on Windale Crescent southwest of the plan of
subdivision. 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 that within 6 months of Windale Crescent being
opened to vehicular traffic and access being provided to the existing residences
on Lots 1 and 2, the SUBDIVIDER agrees to make satisfactory arrangements
with the City for the legal and physical closure of the redundant portion of Howe
Drive to the satisfaction of the Director of Transportation Planning, with all costs
associated with such closure to be paid by the SUBDIVIDER. Further, the
SUBDIVIDER shall be responsible for the removal of the road surface of the road
allowance and these lands shall be landscaped at the SUBDIVIDER's expense to
the satisfaction of the Director of Transportation Planning.
6.12 The SUBDIVIDER agrees that access to Block 46 will be from Windale Crescent
only and that no access will be permitted to Howe Drive.
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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 shall 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 agrees to stage the plan to the satisfaction of the Director of
Planning.
5. 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.
6. 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.
7. 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.
8. 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
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:
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.
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.
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15. The SUBDIVIDER agrees to convey to the City the following lands for the purposes
stated therein, at no cost and free of encumbrance, concurrently with the registration of
the plan of subdivision:
a) Block 44 as park; and,
b) Block 45 for stormwater management.
16. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales
Agreements that advises:
a) that the home/business mail delivery will be from one or more designated
Centralized Mail Boxes;
b) that the SUBDIVIDER be responsible for officially notifying the purchasers of the
exact Centralized Mailbox locations prior to the closing of any home sales; and,
c) 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).
17. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, which dedication is 0.215 hectares, by the conveyance of Block 44 to the
CITY, at no cost and free of encumbrance.
18. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to final
approval of the plan, a Detailed Vegetation Plan is to be submitted for approval by the
City's Director of Planning. The Detailed Vegetation Plan shall also show approved
grading. The SUBDIVIDER agrees to implement all of the measures identified in the
approved Detailed Vegetation Plan including delivering all information contained in the
approved Detailed Vegetation Plan to prospective purchasers to ensure that the
requirements are carried out as specified.
19. 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.
20. The SUBDIVIDER shall submit to and obtain approval of landscape plans of the
stormwater management facility to be prepared by an environmental professional
acceptable to the City's General Manager of Community Services.
21. The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of
Kitchener, for the area being subdivided in order to satisfy Condition 1.22a) of the
Subdivision Agreement.
22. The SUBDIVIDER will make satisfactory financial arrangements for the construction of
the off-site water quality facility to the satisfaction of the Director of Engineering.
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:
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1. That the owner agrees to stage the development for 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 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.
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 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 Engineering 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, the owner prepare a 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 Highway 7/8 and Ottawa Street for the entire plan, and if necessary, the owner
shall enter into an agreement with the Region of Waterloo to provide for implementation
of the approved noise study attenuation measures prior to final approval.
5. That prior to final approval, the owner prepare a lot grading plan and stormwater
management plan/report to the satisfaction of the Regional Commissioner of Planning,
Housing and Community Services.
4. OTHER AGENCY CONDITIONS
1. Ministry of Transportation
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a) That prior to final approval, the owner shall submit to the Ministry of Transportation for
their review and approval, a copy of a Stormwater Management Report/Plan indicating
the intended treatment of the calculated stormwater runoff.
b) That prior to final approval, arrangements shall be made to the satisfaction of the
Ministry of Transportation for the erection of a security fence along the entire Highway
boundary of the plan, should a noise barrier not be required.
c) That prior to final approval, the owner shall submit an illumination plan indicating the
intended treatment of the site lighting glare and any vehicle headlight glare from traffic
on the internal road directed towards Highway 7/8.
2. Canada Post
a) That the SUBDIVIDER identify the concrete pad to facilitate the placement of
Community Mail Boxes on engineering servicing drawings to the satisfaction of Canada
Post. The said pads are to be poured at the time of curb and/or sidewalk installation of
the plan of subdivision.
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 3.5 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 2.2.8 and 2.2.9 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 Director of Planning, the Director shall
be advised by Kitchener Wilmot Hydro that Conditions 2.2.7 and 2.2.9 have been carried out
satisfactorily. The clearance letter should contain a brief statement as to how the conditions
were satisfied.
4. That prior to the signing of the final plan by the City's Director of Planning, the Director shall
be advised by the Ministry of Transportation that Conditions 4.1 has been carried out
satisfactorily. The clearance letter should contain a brief statement as to how the condition
was satisfied.
5. That prior to the signing of the final plan by the City's Director of Planning, the Director shall
be advised by Canada Post that Condition 4.2 has been carried out satisfactorily. The
clearance letter should contain a brief statement as to how the condition was satisfied.
6. NOTES
Development Charges
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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
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.
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Hydro One
9. The transmission line abutting this subdivision operates at 500,000, 230,000 or 115,000
volts. Section 186 - Proximity - of the Regulations for Construction Projects in the
Occupational Health and Safety Act, require that no object be brought closer than 6
metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors
is 4.5 metres (15 feet) and for 115kV conductors it is 3 metres (10 feet). It is the
proponent's responsibility to be aware, and to make all personnel on site aware, that all
equipment and personnel must come no closer than the distance specified in the Act.
They should also be aware that the conductors can raise and lower without warning
depending on the electrical demand placed on the line. Further, during construction,
there will be no storage of materials or mounding of earth or other debris on the right-of-
way.
Planning Act Applicability
9. This draft plan was received on January 4, 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.
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
registration.
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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
Ministry of Transportation Permits
14. The owner is advised that permits are required from the Ministry of Transportation before
any grading/construction commences within 45 metres of the highway property limit and
within a 395 metre radius measured from the centerline intersection of Highway 7/8 and
any municipal road. The owner is further advised to contact Mr. John Morrisey, Corridor
Management Officer, Operational Services - London (659 Exeter Road, London, Ontario
N6E 1 L3; phone 519-873-4209) to discuss MTO's permit requirements and obtain the
necessary applications.
REPORT:
Description and Neiqhbourhood Context
Edmund Farrage is proposing to develop Plan of Subdivision 30T-04207, which is generally
located between Howe Drive to the southeast and the Conestoga Parkway (Highway 7/8) to the
northwest. The current terminus of Windale Crescent is located to the southwest. The plan is
located approximately half way between Fischer-Hallman Road and Westmount Road. The
lands currently contain 2 existing single detached dwellings built between the mid-1950s and
early 1960s.
The existing portion of Windale Crescent currently contains single and semi detached dwellings
constructed between the mid 1980s to early 1990s. Much of the northwest side of Howe Drive
contains single detached dwellings built in between the early-1950s to mid-1950s, while the
southeast side of Howe Drive contains a 50-unit and a 55-unit row housing complex built
between the mid to late 1980s.
The subject plan proposes 43 single and semi detached units including the 2 abovementioned
existing dwellings, which are to be retained, as well as a future residential development block, a
stormwater management area, and a park block, on lands comprising 2.211 hectares in area.
The plan further proposes to extend Windale Crescent from its temporary cul-de-sac terminus
directly southwest of the plan through the subdivision to intersect with Howe Drive, thereby
creating two points of access to the subdivision. The subdivision is proposed to be developed
as one stage only.
Municipal Plan Conformity
The lands are designated Low Rise Residential in the Municipal Plan. The Municipal Plan
favours the mixing and integration of different forms of housing to achieve a low overall intensity
of use within this designation. The draft plan of subdivision complies with the Municipal Plan.
Zoninq By-law Amendment
The property is currently comprised of multiple zones, including Residential Four Zone (R-4),
Residential Six Zone (R-6), Public Park Zone (P-1), and Open Space Zone (P-2). To implement
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the draft plan of subdivision, the proposed zoning would include the following changes from
Residential Six Zone (R-6) and Public Park Zone (P-1) to:
· Residential Four Zone (R-4) with Special Regulation Provision 441 R, in order to permit
semi-detached houses with minimum lot areas of 190 square metres and minimum rear
yard setbacks of 6.5 metres instead of the required 235 square metres and 7.5 metres,
respectively;
· Residential Four Zone (R-4) with Special Regulation Provision 442R, in order to permit
a single detached dwelling with a minimum rear yard setback of 6.5 metres instead of
the required 7.5 metres;
· Residential Four Zone (R-4) with Special Regulation Provision 443R, in order to permit
existing single detached dwellings with minimum rear yard setbacks of 3.5 metres
instead of the required 7.5 metres;
· Residential Six Zone (R-6) with Special Regulation Provision 444R in order to permit
future semi-detached houses to have access to and frontage on a private street or a
public street; and Holding Provision 52H in order to prohibit the block from being
developed until such time as the redundant portion of Howe Drive adjacent to the draft
plan of subdivision is dealt with;
· Residential Four Zone (R-4), in order to permit single and semi detached dwellings; and
· Open Space Zone (P-2), in order to allow an open space / stormwater management
area.
The proposed residential zoning should be compatible with the existing development in the
surrounding area and will comply with the Municipal Plan.
Community Plan Amendment
It was determined through the review of the subject application that an amendment to the
Valleyview Road - Howe Drive Community Plan is required which would have the effect of
changing Map 1, "General Land Use" in several ways. First, the amendment should show the
revised street configuration with Windale Crescent being extended from its current terminus just
southwest of the plan to Howe Drive, in accordance with the proposed plan of subdivision.
Second, the portion of the subdivision located within the Multiple Residential (26 to 40 Units Per
Hectare) land use designation should be redesignated to Low Density Residential (25 Units Per
Hectare). This revision would have the effect of permitting only single detached, semi detached,
and duplex dwellings. Third, the size and shape of the parkland to be dedicated to the City should
be revised to reflect the park block as shown on the proposed plan of subdivision (i.e. Block 44).
The Community Plan designates a portion of parkland larger than the standard 5% parkland
dedication required prior to final approval; however, the developer will be dedicating approximately
10% of the subdivision lands to the City, which is nearly double the City's requirement.
Furthermore, the amendment should show a reduction in the park entrance width from 9.14 metres
(30 feet) to 3.0 metres (9.84 feet) as agreed to by the Community Services Department.
Tree Manaqement
The treed vegetation on the subject property is limited to diverse planted hedgerows and
residential tree clusters. A majority of the property is untreed. A General Vegetation Overview has
been submitted in support of the draft approval application. Prior to grading further studies under
the City's Tree Management Policy will be required to ensure that any vegetation worth retaining is
retained to the extent feasible.
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Street Naminq Policy
The residential area southwest of the plan, on Windale Crescent, is currently developed with single
and semi detached dwellings which were constructed approximately 15 to 20 years ago. As it
presently exists, Windale Crescent does not meet the criteria of the City's street Naming Policy for
a Crescent, but would be more correctly described as a Court, Place, or Close. The subject plan of
subdivision proposes to extend Windale Crescent from its current terminus southwest of the plan
through the subdivision to intersect with Howe Drive. This change in the street layout would
necessitate a change in the suffix of the street from Crescent to Street, Drive, Avenue, or Trail, in
accordance with the Policy.
Notwithstanding the Street Naming Policy it is recommended that Council allow Windale Crescent
to be extended as per the proposed plan of subdivision and to retain its current name, including the
suffix "Crescent". This would allow existing properties which are currently addressed as "Windale
Crescent" to not require a change of municipal address and would eliminate any inconvenience
associated with the renaming of the local street.
Closure of Redundant Portion of Howe Drive
Currently, Howe Drive intersects with Ottawa Street South and extends nearly four hundred
metres before reaching a cul-de-sac terminus. A further portion of Howe Drive is located
southeast of the proposed plan of subdivision and connects with the regularly travelled portion
of Howe Drive in the vicinity of the proposed intersection of Windale Crescent and Howe Drive.
This further portion, described as the "redundant portion of Howe Drive" in the Community Plan,
currently gives access to the existing dwelling located on Lot 2. In accordance with the
Community Plan, the disposition of this redundant road should be resolved at the time of draft
approval. Staff advise that within six months of Windale Crescent being opened to vehicular
traffic and access being provided to the existing dwellings on Lots 1 and 2, the developer should
be required to make arrangements with the City for the closure of the road, including paying all
costs associated with this closure. In addition, the developer should be required to remove the
road surface and landscape the road allowance at his expense. Upon closure of the road, these
lands would be available to the City to retain or sell for future development, reserving
easements for underground services.
Future Development
Block 46 is zoned to permit residential development which is proposed to be a future 'common
elements' condominium. The zone change application proposes a holding provision to be
applied to these lands in order to prohibit the block from being developed until such time as the
redundant portion of Howe Drive, as abovementioned, is dealt with. A condition has been
imposed limiting access for this future development block to Windale Crescent only which has
the effect of prohibiting access to the redundant portion of Howe Drive.
Stormwater Manaqement
The proposed stormwater management strategy for the subdivision requires the owner to
provide an off-site stormwater quality facility in addition to a quantity control pond located within
an open space / stormwater management block that is to be conveyed to the City (i.e. Block 45).
Engineering Staff recommend that a condition be imposed requiring that the off-site facility be
adequately sized for all lands within this storm drainage area and that satisfactory arrangements
be made with the City for the construction of this facility.
San itary /W ater Servici nq
All lots are proposed to be serviced with gravity sanitary drainage and municipal water servicing
in accordance with City of Kitchener standards.
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Parkland and Community Trail
The parkland requirements for the plan of subdivision will be satisfied through the dedication of
Block 44. The parkland will extend along the entire north-western boundary of the plan,
adjacent to the Conestoga Parkway, and will contain a community trail link to Windale Park,
located immediately southwest of the plan. The Valleyview-Howe Drive Community Plan states
that the proposed trail link shall be developed adjacent the Conestoga Parkway and extend from
the Windale Park to the cul-de-sac bulb on Howe Drive. Access to the parkland and trail will be
from the north-western extremity of Windale Crescent. The parkland is intended to be for
passive recreation purposes.
Comments from Neiqhbourhood Circulation
Five written responses were received through the neighbourhood circulation of this application.
Further comments were received by telephone correspondence. The comments received are
summarized below along with staff responses.
Increased Traffic- several members of the community commented that the proposed
development would increase traffic in several areas, including on Howe Drive, on the existing
section of Windale Crescent, at the intersection of Ottawa Street and Valleyview Road, and on
Ottawa Street in the vicinity of the Howe Drive. Concern was also raised over higher speeds on
Windale Crescent, where access might be easier to get to Ottawa Street. One respondent,
requested lights at the intersections of Ottawa Street and Pinedale Drive, Howe Drive,
Williamsburg Road, and Valleyview Road.
Ottawa Street is a Regional road, and as such, the Region has commented on this application
regarding traffic. Based on the number of units proposed and the expected trip generation, the
Region has no concerns with respect to traffic on Ottawa Street at Howe Drive. Further
correspondence with the Region revealed that there is no intention in the foreseeable future to
install traffic lights in the area of the subdivision on Ottawa Street.
City of Kitchener Transportation Planning Staff advised that construction traffic will be routed
directly from Ottawa Street via Howe Drive. Construction traffic will be prohibited on the existing
section of Windale Crescent. Further Transportation Planning comments have been
incorporated directly onto the proposed plan of subdivision, including revised corner radii at the
intersection of Windale Crescent and Howe Drive.
City Staff, on the Region's advice will forward the names of those concerned with traffic in the
area to the Supervisor of Corridor Management so that they may be included in a study looking
at traffic in the area of Sunrise Centre. It should be noted, however, that the study may not deal
with the lands as far east as Howe Drive.
Separation
Neighbouring property owners living in a single detached dwelling to the northeast of the plan,
addressed as 58 Howe Drive, have requested that a fence be placed along the property line,
separating their property from the land subject to the plan of subdivision. Staff advise that this
request is unwarranted along the property line due to the fact that the proposed development is
a compatible land use. Property owners can erect fences on their property, if desired, in
accordance with the City fence by-law.
Development Type and Property Values
Concern was raised over potential decreased property values due to the fact that part of the
development will be semi detached dwellings. Another respondent expressed concern over
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development that is not of similar value to existing development in the area, taking into account
garages, number of storeys, and lot area.
Staff advise that the property is designated as Low Rise Residential in the Municipal Plan. The
Municipal Plan states that this designation shall accommodate a full range of housing types and
that the City favours the mixing and integration of different forms of housing to achieve a low
overall intensity of use. The subject plan of subdivision proposes both single detached and
semi detached units. The Municipal Plan permits the type of development proposed.
Furthermore, the existing community plan permits townhouses on much of the subject land, and
this proposal represents a reduction in density.
Parkland/Greenspace
Concern was raised over the current park area not being sufficient for the neighbourhood and
there was expressed need for improvements to park areas.
Through the plan of subdivision, Block 44, would be conveyed to the City as a park block. The
Block is zoned Public Park (P-2), which would allow the land to function as a passive
recreational space. In addition, a community trail would be extended through the block, which
would connect with Windale Park, located immediately southwest of the plan. This community
trail is planned to eventually connect with the cul-de-sac bulb at the terminus of Howe Drive.
The dedication of Block 44 to the City as parkland represents a nearly 10% dedication of land.
The City's standard for dedication of land for parks is 5%. The proposed dedication represents
nearly double the area parkland required.
Density
One respondent made mention of concerns about adding more dwelling units to an area that is
"already congested".
The proposed development is considered to be consistent with the Low Rise Residential
designation which specifies a City wide maximum density for these areas of 25 units per
hectare. However, if residential density was calculated on a site specific basis, the estimated
density proposed for the subject lands would be 21.3 units per hectare, which is 15% less than
the maximum permitted density.
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
open space/stormwater management area, trails, parkland, streets, and underground services.
In the long term, there will be repair and replacement costs for all of the foregoing. The
proposed new residential lots will add to the assessment growth in the City of Kitchener.
COMMUNICATION:
The proposed draft plan of subdivision application was circulated to departments, agencies and
property owners within 120 metres of the subject lands on May 18, 2005. An associated zone
change application was circulated December 5, 2005 to agencies and property owners within
120 metres of the subject lands. Notice signs were placed on the subject site advising of the
applications. In response to the circulation of the applications, staff received numerous
responses from departments and agencies which are discussed throughout this report and/or
included as conditions of draft approval. In addition, staff received 5 letters and several phone
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calls from members of the community. This input is discussed in the 'Comments from
Neighbourhood Circulation' section of the report and letters received are attached as Appendix
"B". The public meeting was advertised in The Record on May 19, 2006. A copy of this report
will be mailed to all property owners who responded in writing to the circulations.
CONCLUSION:
City staff recommend that Plan of Subdivision 30T-04207, Zone Change Application ZC
OS/21/H/TMW, the Community Plan Amendment, and the exemption to the street naming policy
be approved.
Andrew Pinnell, BES
Planner
Della Ross, MA, MCIP, RPP
Interim Coordinator of Development Review
/ Senior Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments
Plan of Subdivision 30T -04207
Proposed Zoning By-law (ZC OS/21/H/TMW)
Community Plan Amendment
Newspaper Advertisement
Appendix A - Department/Agency Comments
Appendix B - Neighbourhood Comments
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