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HomeMy WebLinkAboutDTS-06-166 - Plan of Subdivision 30T-06202, Deer Ridge Drive ) R Development & Technical Services Report To: Date of Meeti ng : Submitted By: Development and Technical Services Committee November 20,2006 Jeff Willmer, Director of Planning (519-741-2325) Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Jeff Bannon, Planner (519-741-2643) Ward 3 November 16, 2006 DTS-06-166 Plan of Subdivision 30T -06202 JHS Properties Inc. Deer Ridge Drive EXECUTIVE SUMMARY: JHS Properties are seeking approval for a new Plan of Subdivision 30T-06202 which proposes 17 residential lots. The subject property forms residential block 7 of the Deer Ridge Estate Subdivision 58M-245. The proposed subdivision has an area of 1.796 hectares and is located on Deer Ridge Drive near the intersection of Pioneer Tower Road. 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-06202, in the City of Kitchener, for JHS Properties, subject to the following conditions: 1 . That this approval applies to Plan of Subdivision 30T -06202 as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Ltd dated June 19, 2006 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated July 18, 2006 which shows the following: Stage One Lots 1 to 1 7 - 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 (JHS Properties) regarding the lands shown outlined on the attached Plan of Subdivision dated July 18, 2006 and which shall contain the following special conditions: Part 6 - Other Time Frames 3.17 The SUBDIVIDER agrees to provide an on-street parking plan and draft driveway location plan for the subject lands showing a minimum of 1 on- street parking space for every 2 dwelling units to the satisfaction of the CITY's Director of Transportation Planning, in consultation with the CITY's Director of Planning. 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Deer Ridge Drive northeasterly to King St E. and prohibited 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 install fencing within twelve months of registration which shall only be permitted in accordance with the approved design plan guidelines (Hilton Landmarks Inc., March 1998) for 2 lots which abut the section of Pioneer Tower to be closed, as well as lots which abut Lookout Lane or Block 8, Plan 58M-245. Any variation to this approved plan shall only be permitted if approved in writing by the City's Director of Planning. The SUBDIVIDER further agrees to notify all prospective purchasers of such lots in Agreements of Purchase and Sale that a design plan has been prepared and all fencing shall be subject to conformity with the design details. a) The SUBDIVIDER agrees to provide a Letter of Credit for 1000/0 of the total cost of the implementation of the fence in a form satisfactory to the City Solicitor, and to the satisfaction of the City's Director of Planning prior to the release of this Plan, to be held as security for the completion of the work required herein. 6.12 The SUBDIVIDER agrees that the finished grades at the highest point for lots 12 through 17 shall be no more than 1.8 metres higher than the finished grades at the rear of the property. 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. 3 7. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 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 4 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. 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. 5 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 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 (RDC 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. 6 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. Planning Act Applicability 9. This draft plan was received on July 6, 2006 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, 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 7 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 reg istration. The following is required for registration and under The Registry Act and for our use: One Four Four (1 ) (4) (4) original mylar mylar copies white paper prints REPORT: Description Plan of Subdivision 30T-06202 JHS Properties is proposing a subdivision which includes 17 residential lots for approval on Deer Ridge Drive near the intersection of Pioneer Tower Road. The subject property forms part of residential block 7 of the Deer Ridge Estate Subdivision 58M-245. 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 Tree Management - To summarize this area did not contain pre-development vegetation associations except for a minor portion of Manitoba Maple / European Buckthorn in the Block's southwesternmost corner. This was a low quality association and was approved for removal in the Detailed Vegetation Plan (Ecoplans Limited, September 1994) for 30T-94009 on 4 May 1998. 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. 8 Neiahbourhood Circulation The plan was circulated to all property owners within 120 metres of the subject lands on July 31 , 2006 and a newspaper advertisement was published in the K-W Record on October 27,2006 as per Planning Act requirements. Fifteen responses were received from neighbouring property owners. Many of the concerns raised by property owners involved concerns with the size of the lots, property values, traffic and the impacts of grade differentials on neighbours privacy. The zoning was previously approved through subdivision 30T-94009 and a special regulation was built into the zoning to accommodate for lot frontages with a minimum of 15.24 metres instead of the typical requirement of 13.7 metres in the Residential Three Zone. The neighbouring properties have the same minimum 15.24 metre lot frontage but the majority of properties have been developed with a frontage in excess of 19 metres. The grading plan was approved through that subdivision and the proposed grades reflect the approved grading plan. This lotless block was intended to be developed as either a condominium based cui de sac or as freehold single detached dwellings. Hearing the concerns of residents, the applicant has resubmitted grading plans which show a reduction in the grading height on the lands by approximately 0.8 metres. Traffic impacts and safety issues were already addressed in the previously approved subdivision and from a traffic generation aspect there likely would be very little difference between the two proposed types of development. Respondents were also concerned with the future devaluation of properties in the area. The Planning Division is not prepared to comment on issues such as market conditions and the value of homes in a neighbourhood. In any case, the planned development of the subject lands was a matter of public record at the time the neighbouring lots were sold. CONCLUSION: City staff recommend that Plan of Subdivision 30T-06202 be draft approved. Jeff Bannon, B.A. Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments Plan of Subdivision Newspaper Advertisement Appendix A - Department/Agency Comments Appendix B - Property Owner Comments 9