HomeMy WebLinkAboutDTS-08-107 - Plan of Subdivision 30T-06201, 56 Pioneer Tower Rd
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Development and Technical Services Committee
June 16, 2008
Jeff Willmer, Director of Planning (741-2325)
Juliane von Westerholt, Senior Planner (741-2667)
Ward 3
Plan of Subdivision 30T-06201
ZC08/07/P/JVW
56 Pioneer Tower Road
Pioneer Grove (Kenmore Homes Inc.)
EXECUTIVE SUMMARY:
Kenmore Homes Inc. is proposing to develop Plan of Subdivision 30T-06201, which is located
at 56 Pioneer Tower Road. The sub'ect ro ert is 2.007 hectares in size and the revised plan
and a small park block.
RECOMMENDATION:
A. That Zone Change Application ZC 08/07/I/JVW (City of Kitchener) requesting a change in
zoning from Neighbourhood Institutional Zone (1-1) to Neighbourhood Institutional (1-1) with
Special Regulation 479R and Public Park Zone (P-1) on lands legally described as Part of
Lot 9, Beasley's Broken Front Concession, being part of Part 1 on Reference Plan 58R-
15891, in the Cit of Kitchener, be approved in the form shown in the attached "Proposed
By-law", without conditions.
B. 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-06201, in the City of Kitchener, for Kenmore Homes Inc.,
subject to the following conditions:
2. CITY OF KITCHENER CONDITIONS:
hat the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision
Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Kenmore Homes
Inc. re ardin the lands shown outlined on the attached Plan of Subdivision
Part 2 - Prior to Area Gradina
2.11 The SUBDIVIDER shall provide confirmation that anyon-site abandoned wells
shall be decommissioned in accordance with Ministry of Environment standards
to the satisfaction of the CITY'S Director of Engineering Services.
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2.12 The SUBDIVIDER shall contact residents/homeowners at municipal addresses
11, 22, 33, 49, 59, 69, 79, 88, 89, 98, 99,110 Pioneer Tower Road regarding
connecting their homes to the underground services. If the residents are willing to
connect to the municipal services, the connection charge will be at the cost of the
individual property owners.
Part 3 -Prior to Servicina
3.17 The SUBDIVIDER shall make arrangements to the satisfaction of the Director of
Engineering to extend the sidewalk at the SUBDIVIDER's cost across the entire
frontage of municipal lots of 88,98 and 110 Pioneer Tower Road in order to
connect to the existing sidewalk along the north side of Pioneer Tower Road as
per Policy 1-1120.
3.18 The SUBDIVIDER shall make arrangements to the satisfaction of the Director of
Engineering to extend the sidewalk at the SUBDIVIDER's cost within the frontage
of municipal lot 4355 King Street along the North side of Pioneer Tower Road in
order to connect to the existing sidewalk at the intersection of Pioneer Tower
Road and King Street as per Policy 1-1120.
3.19 Prior to Servicing or Registration, whichever may come first, the SUBDIVIDER
shall use decorative street signage and street lighting for the subdivision to the
satisfaction of the CITY'S Director of Transportation Planning in consultation with
KW Hydro. Should these decorative elements be utilized, they shall be installed
at the appropriate time frame and to the SUBDIVIDER'S cost, including the
provision of 1 00/0 of the materials for future replacement/maintenance, to the
satisfaction of the CITY'S Director of Transportation Planning in consultation with
KW Hydro.
3.20 Prior to Servicing, the SUBDIVIDER shall submit a final Functional Servicing
Report establishing methods of servicing and a capacity analysis for the
proposed development and downstream facilities to the satisfaction of the CITY'S
Director of Engineering.
3.21 The SUBDIVIDER shall submit a detailed Water Servicing Report that reviews
the extent of lands that will be serviced by the municipal water distribution
network to the satisfaction of the CITY'S Director of Engineering.
3.22 The SUBDIVIDER shall submit a detailed Geotechnical Investigation Report that
discusses the suitability of soils to support the infiltration measures proposed to
the satisfaction of the CITY'S Director of Engineering in consultation with the
Chief Building Official.
3.23 The SUBDIVIDER agrees that prior to the Servicing or Registration of any stage
of this plan that the required upgrades for quality control to the Kriszanderson
Storm Water Management pond (Block 67 on Plan 58M-90) have to be
completed by the City of Kitchener. The SUBDIVIDER agrees to contribute
payment in accordance with the City's Master Stormwater Management Policy
1-113 in the amount of $31,800.00. Further the SUBDIVIDER agrees that a
Stormwater Management Report be submitted to the City addressing quality and
quantity in accordance with the Kriszanderson Subdivision "Pioneer Tower West
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Community" Stormwater Management Plan Final Report and Erosion and
Sedimentation Control Plan dated March 1998, to the satisfaction of the CITY'S
Director of Engineering.
3.24 The SUBDIVIDER shall submit an on-street Parking Plan to the satisfaction of
the CITY'S Director of Transportation Planning and the SUBDIVIDER further
agrees to show the on-street parking on the servicing drawings.
3.25
Part 4-Prior to Applvina fori or Buildina Permits Beina Issued
4.22 The SUBDIVIDER agrees that no buildin be applied for or issued for
Corner (C) Priority Lots, being , until building elevation drawings have
been submitted and approved by the CITY'S Director of Planning to ensure that
consideration has been given to the design treatment along both frontages of each
lot/dwelling; including such items as the provision of porches, porticos, stairs or other
projections; secondary door entries; horizontal articulation; brick or masonry style
skirting and lor accentuated (bay) windows or second entry to the flanking street.
4.23 The SUBDIVIDER agrees that no building permit shall be a lied for or issued for
Priority Lots fronting on a Priority Street (Pioneer Tower Road
until building elevation drawings have been submitted to and approved by the CITY'S
Director of Planning to ensure that consideration has been given to the design treatment
along both frontages of each lot/dwelling; including such items as the provision of
porches, porticos, stairs or other projections; secondary door entries; horizontal
articulation; brick or masonry style skirting and lor accentuated (bay) windows or second
entry to the flanking street.
Part 6 -Other Time Frames
6.10 Prior to Registration, the SUBDIVIDER shall satisfy the
requirements of 0.1 0035 ha for the subdivision by conveying
ha) and the shall be taken as cash in lieu of land.
The SUBDIVIDER further agrees to construct the neighbourhood
to the satisfaction of the CITY'S General Manager of Community Services. The
grading, topsoil and seeding shall be completed before occupancy of the first unit
or in the event of winter conditions by June 1 st immediately following the
issuance of the first occupancy permit. Any, and all, construction costs of the
park [ including grading, topsoil, seeding, sodding, installation of playground
equipment, landscaping, seating and signage ] in accordance with the approved
park design shall be paid for by the SUBDIVIDER and the applicable construction
costs, such as playground equipment and landscaping, shall be reimbursed to
the SUBDIVIDER through Council approved capital accounts.
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6.11 The SUBDIVIDER agrees that if the existing private water supply is disrupted to
properties located adjacent to the plan, within two years of the completion and
acceptance of underground services for the entire subdivision, as a result of the
development of the subdivision, it shall provide at its cost a water supply, to the
said properties, to the satisfaction of the CITY'S Director of Engineering.
6.12 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Pioneer Tower Road to Baxter to King
Street East only and prohibited from using any other 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.
Any alternate routes must be to the approval of the CITY'S Director of
Engineering.
6.13 The SUBDIVIDER agrees to implement all landscaping on public rights of ways
including cul-de-sac islands at the SUBDIVIDER'S cost prior to occupancy of the
first dwelling or one year after registration, whichever comes first.
6.14 The SUBDIVIDER agrees to ensure that any corner lot fences are in compliance
with City of Kitchener policy.
2.2 Prior to Reaistration:
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 agrees to stage the plan to the satisfaction of the CITY'S Director of
Planning.
5. The final plan for registration shall show all lots intended for development as single
detached, semi detached or duplex dwellings and a City Standard Supplementary
Residential Subdivision Agreement showing such lotting shall be registered for each
stage prior to the registration of such stage. This condition shall not apply if the plan is
to be registered prior to the approval of servicing plans.
6. The SUBDIVIDER agrees to show emergency access/secondary access, if required in
accordance with City policy, on the final plans for registration to the satisfaction of the
CITY'S Director of Planning.
7. 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
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monuments, their co-ordinate values, elevations and code numbers as prescribed by the
Surveyor General of Ontario.
8. 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.
9. 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.
10. 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.
11. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the
CITY by the registration of the Plan of Subdivision.
12. 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;
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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.
13. 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.
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.
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:
16. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales
Agreements that advises:
i. that the home/business mail delivery will be from one or more
designated Centralized Mail Boxes.
ii. that the SUBDIVIDER 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 centralized mail receiving facilities shall be
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shown on maps, information boards and plans, including maps
displayed in the sales office(s).
17.
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 to and approved
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 ways including cul-de-sac islands reviewed and approved by the CITY'S
General Manager of Community Services.
20. 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.
21. The SUBDIVIDER agrees that prior to the Servicing or Registration of any stage of
this plan that the required upgrades for quality control to the Kriszanderson Storm
Water Management pond (Block 67 on 58M-90) have to be completed by the City of
Kitchener by the end of 2008. The SUBDIVIDER agrees to contribute payment in
accordance with the City's Master Stormwater Management Policy 1-113 in the
amount of $31 ,800.00. Further the SUBDIVIDER agrees that a Stormwater
Management Report be submitted to the City addressing quality and quantity in
accordance with the Kriszanderson Subdivision "Pioneer Tower West Community"
Stormwater Management Plan Final Report and Erosion and Sedimentation Control
Plan dated March 1998, to the satisfaction of the CITY'S Director of Engineering.
22.
25. Prior to Servicing or Registration, whichever may come first, the SUBDIVIDER shall
use decorative street signage and street lighting for the subdivision to the satisfaction
of the CITY'S Director of Transportation Planning in consultation with KW Hydro.
Should these decorative elements be utilized, they shall be installed at the
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appropriate time frame and to the SUBDIVIDER'S cost, including the provision of 100/0
of the materials for future replacement/maintenance, to the satisfaction of the CITY'S
Director of Transportation Planning in consultation with KW Hydro
26. The SUBDIVIDER agrees to convey to Bell Canada, , at no cost
and free of encumbrance, concurrently with the registration of the plan of subdivision.
3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
1) 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 Commissioner
of Planning, Housing and Community Services for the Regional Municipality of Waterloo
prior to final approval of the subdivision plan.
2) That the owner agrees to stage the development of this subdivision in a manner
satisfactory to the Commissioner of Planning, Housing and Community Services for the
Regional Municipality of Waterloo.
3a) That the owner enter into an Agreement for Servicing with the Regional Municipality of
Waterloo to preserve access to municipal water supply and municipal waster water
services prior to final approval or any agreement for the installation of underground
services, whichever occurs first. Where the owner has already entered into an agreement
for the installation of underground servicing with the area municipality, such 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 of Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or a portion of the plan to be
registered.
b) That the owner include the following statement in all Agreements of Purchase and Sale
and/or Rental Agreements 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 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 or the commencement of any grading or construction on the
site, the owner must provide copies of records of well abandonment for all monitoring wells
on the property to the Regional Commissioner of Planning, Housing and Community
Services.
5) That prior to final approval the owner prepare a noise study to the satisfaction of the
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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
King Street East (Regional Road #8) and from surrounding stationary noise from abutting
land uses, and if necessary, shall enter into an agreement with the Regional Municipality
of Waterloo to provide for implementation of the approved noise study attenuation
measures.
6) That the developer enter into an agreement with the City of Kitchener to include the
following warning clause in all Agreements of Purchase and Sale and/or Rental
Agreements:
"Prospective purchasers/tenants are advised that noise emanating for the Pioneer
Sportsmen Club, a gun club, which is in proximity to all lots and blocks in this
Subdivision Plan, may periodically interfere with the enjoyment of outdoor activity for
certain individuals."
4. OTHER AGENCY CONDITIONS
1. Prior to any grading or construction on the site and prior to registration of the plan, the
owners or their agents submit the following plans and reports to the satisfaction of the
Grand River Conservation Authority.
a. A detailed Stormwater Management Report and Plans in accordance
with the 2003 Ministry of the Environment and Energy Report entitled
"Storm water Management Practices Planning and Design Manual" and
in keeping with the Preliminary Servicing Design Brief (Prepared by
Stantec Consulting dated February 26,2007).
b. A Final lot Grading, Drainage and Storm Servicing Plan
c. An Erosion and Siltation Control Plan in accordance with the Grand
River Conservation Authority's Guidelines for sediment and erosion
control, indicating the means whereby erosion will be minimized on-site
throughout all phases of grading and construction.
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 3.6 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 2.2.9 and 2.2.10 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 2.2.8 and 2.2.1 0 have been
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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 Grand River Conservation Authority that Condition 4.1 has 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 Development and Technical 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
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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 9, 2007 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 cannot 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.
FmaIPmns-Submv~mn
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.
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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
REPORT:
Description
Kenmore Homes Inc. is proposing to develop Plan of Subdivision 30T-06201, which is located
at 56 Pioneer Tower Road. The sub'ect ro erty is 2 hectares in size and proposes
Official Plan
These lands are designated Low Rise Residential in the Official Plan. The type and density of
development proposed conforms to the municipal plan.
Special Policv Area
These lands are designated Low Density Residential and are located within the Pioneer Tower
West Special Policy Area. This Special Policy Area recognizes the existing larger lot
development on private services, and states as follows:
"New municipally serviced residential development within Pioneer Tower West may take place at higher
densities than that of the existing residential areas. Notwithstanding the Low Rise Residential
designation, generally, the net residential density of all new residential development shall not exceed 10
units per net hectare over the developing portion of the community. Residential uses will be primarily
single detached dwellings, with many new areas within the community developing on relatively large lots,
taking advantage of the character of the community and ensuring compatibility with existing built
residential areas, particularly in areas of transition between existing and new residential development."
approximately 2 hectares in size
er hectare for this ro ert .
The Special Policy also encourages development to occur that is compatible to the existing
development. The subject lands are zoned Neighbourhood Institutional Zone (1-1). This zone
permits single detached residential uses as well as semi-detached residential uses. As the
adjacent lands are mainly comprised of single detached residential uses, the proposed single
detached residential subdivision would be more compatible to the existing single detached
homes in the area than would semi-detached homes, which are also permitted by the zoning of
the subject property.
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The Pioneer Tower West Special Policy in the Official Plan also permits multiple residential uses
adjacent to large commercial sites. The current zoning does not permit multiple residential
developments despite the proximity of the subject property to adjacent commercial lands to the
east with frontage onto King Street. The higher density single detached residential subdivision
provides a transition between the larger estate homes on private services and the commercial
development on King Street East.
The development of these lands would constitute a redevelopment of a former school site and
thus no natural features or scenic vistas are being compromised by this development. The
Pioneer Tower West Special Policies also speak to road improvements that are required to Deer
Ridge Drive, Baxter Place and Highway 8 area. These improvements have been made and this
development is not expected to significantly increase traffic to this community. A Traffic Study
was prepared by Paradigm Engineering, which looked at traffic in the area and the potential
impacts that this development would have on that local traffic. The report concluded that no
additional road improvements would be required as a result of the approval of this plan of
subdivision.
With respect to the historical character of the area appropriate decorative street lighting and
signage will be required for this development.
Provincial Policy Statement and Places to Grow
The application was submitted in July of 2007 and is therefore subject to the 2005 Provincial
Policy Statement. This plan was submitted after the 2006 Growth Plan for the Greater Golden
Horseshoe. This area/plan is designated Greenfield in the Places to Grow Plan, which sets a
density target of 50 persons and jobs per hectare. The Region sets a density target of 55
persons and jobs per hectare. This density target is intended to be achieved on a Region wide
basis so that some developments may be below the density target and some may exceed it.
In the case of this development, the lands are expected to come in at a density of approximately
51 persons and jobs per hectare, which is lower than the Regional target but is acceptable due
to the size of the parcel.
Zonina
A Zone Change Application is not required to permit the residential uses as the subject lands are
zoned Neighbourhood Institutional Zone (1-1) and this zone permits single detached and semi-
detached homes and duplexes in addition to the institutional uses typically associated with this
zone such as a school or church. Semi-detached residential units, although permitted by the
current zoning are not contemplated by this plan as single detached units were thought to be more
compatible with the existing single detached residences in the area.
However, a park lot was added to the subdivision as per the request of the City's Community
Services Department and in response to the neighbourhood residents requesting for areas for
children to la. In this regard, there is a City initiated zoning by-law will be required to rezone the
'Open Space' from 'Institutional'. As well, a Special Regulation 403 will be placed
on the priority lots with frontage on Pioneer Tower Road in order to prohibit garages from
protruding more than 1.8 metres beyond the facades of the homes and it will limit the width of the
garage to a of the width of the lot. This regulation was added in order to help
ensure that the street frontage along Pioneer Tower Road remains compatible with the residential
character of the area.
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Stormwater Manaaement
The Krizsanderson Stormwater Management facility is located to the west of the subject lands.
The City of Kitchener will have to upgrade the stormwater management facility for quality
control, in order to accommodate this and other development occurring in this area. The
developer will be contributing to these works through a cash-in-Iieu payment. The required
upgrades to the facility will be required prior to the development proceeding and this is
acknowledged as a condition of draft approval. These works are to be completed by the City by
the end of 2008 and have already commenced.
The applicant had proposed that minor storm water quantity flows will flow to the Krizsanderson
Storm Water Management (SWM) Facility while major flows will ultimately discharge to the
Grand River via an unnamed watercourse draining directly to the Grand River. The minor storm
flows will be conveyed by storm sewers, and major runoff will be conveyed along roads and
blocks to sufficient outlets. In general, the major and minor drainage systems with the
subdivision will outlet to a SWM facility located in the area of the existing low-Iying/ wetland area
and will utilize the existing watercourse south of Pioneer Tower Road for both minor and major
system outlets to the Grand River. On site infiltration is proposed is proposed for the lots within
this plan of subdivision and soak away pits are recommended for all run off from roof top areas.
The subject lands were considered in the original design of the Krizsanderson Storm Water
Management (SWM) facility and therefore the proposal to direct the minor storm water flows to
this SWM facility is acceptable to the City of Kitchener. As part of the design for the storm water
management scheme for the entire Pioneer Tower West Community, the Grand River
Conservation Authority (GRCA) was consulted and a watercourse analysis was determined
together with the input from the GRCA. Subsequently, the GRCA approved sending the major
overland flows to the Grand River via the unnamed watercourse in a letter dated September 9,
1996, which contemplated the storm water flows from these lands. Based on this information, an
on site storm water management facility will not be required.
San itary /W ater Servici na
All lots will be serviced with gravity sanitary drainage and municipal water servIcing in
accordance with City of Kitchener standards. The services are to be extended along Pioneer
Tower Drive.
Sidewalks
A sidewalk will be required along the Pioneer Grove Court cul-de-sac and along the north side
of Pioneer Tower Road extending from King Street, west along Pioneer Tower Road past the
subject land and continuing west to 110 Pioneer Tower Road to connect with an existing
sidewalk as per City Policy 1-1120.
Parks/ Open Space and Community Trails
A small neighbourhood park is proposed. The park proposed will comprise of the
required parkland for this development. The balance of which will be taken as cash-in-Iieu. As
part of the parkland dedication required for this development the owner will be responsible to
grade, sod, design and construct the neighbourhood park prior to any occupancy of the
dwellings.
Comments from Neiahbourhood Circulation
Four comments were received from the neighbourhood circulation. The issues raised are
summarized below with staff comments.
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Character of Area- (lot size, home design, frontage)
The character of the area is not compromised by a variety of housing types. Single detached
residential units continue to be the predominant form of housing. The lot sizes, though smaller
than existing lots, will be on full municipal services in keeping with the Places to Grow and
Provincial Policy Legislation. The existing lots were larger in order to accommodate private
water and septic servicing. The home design of existing homes was governed by restrictive
covenants between the developer at that time and the purchasers of the lots. The restrictive
covenant has no legal bearing on these lands.
Housing design is also a personal choice. The frontages proposed for the lots in this subdivision
conform to the requirements of the 1-1 zone. Smaller frontages are feasible as a result of these
lots being on full municipal services. In order to provide a more compatible and appealing
streetscape, a small park mid-block will be constructed and the number of lots with frontage on
Pioneer Tower Road was reduced from nine to seven. In addition, a Special Regulation on the
lots facing onto Pioneer Tower Road will restrict the amount that at garage may project beyond
the fagade of the house and will restrict the width of the garage to a maximum of 500/0 of the lot
width. This will help create a more appealing and compatible streetscape along Pioneer Tower
Road, which is a Priority Street. The Developer will also be required to submit and receive staff
approval for elevations for the homes on corner lots or those along the Priority Street. In turn,
this will help ensure that the development is more compatible with other development in the
area.
Increased Pollution/Garbage
This is a behavioural issue that can be helped with public education. In addition, some concern
was raised with noise, light and environmental pollution particularly during construction. The
construction phase will be a temporary phase. Noise will likely be reduced as the homes will
buffer or block out noise emanating from King Street. The street lights will be at a pedestrian
scale and will be decorative. All lighting has to comply with the City of Kitchener's lighting
regulations and standards.
Parking
Residents in the area were concerned that there would not be sufficient off street parking for the
proposed development. This coupled with the existing by-law prohibiting parking on Pioneer
Tower Road only increased their concern. The applicant has submitted a parking plan to the
Transportation Planning Division for their review and approval. Discussion with Transportation
Planning staff indicated that on-street parking will continue to be prohibited on Pioneer Tower
Road and all parking will have to be accommodated on site. The subdivision agreement
contains conditions to ensure that this is achieved.
Impact on wells and drainage in the area
The developer will be required to monitor wells in the area, both pre and post development in
order to ensure there are no impacts to the existing wells. The developer will be responsible to
mitigate any impacts that are a result of this development. With regard to the drainage, the
developer has to submit lot-grading plans and has to submit an overall stormwater management
plan, which has to be to the satisfaction of the City's Director of Engineering.
Safety of Roads and Increased Traffic
A traffic study prepared by Paradigm Engineering has not indicated any significant increase in
traffic to the area as a result of this development. The necessary upgrades to the existing street
network have been done to accommodate traffic generating from this and other development.
Further upgrades and improvements will be made to King Street with the redevelopment of
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Sportsworld. Pioneer Tower Road will have curb and gutter and a sidewalk, which will improve
pedestrian safet and it will be built to full munici al standards, which will accommodate the
traffic.
Contamination from adjacent lands
A resident indicated concern with the potential for contamination coming from adjacent lands to
the east (gas station). The developer has filed a Record of Site Condition for the subject lands
with the Ministry of the Environment. Regional Staff have acknowledged receipt of a Phase 1
and Phase 2 Environmental Site Assessment, prepared by AMEC Earth and Environmental and
that a Record of Site Condition was completed and filed with the Ministry of the Environment
Brownfields Environmental Site Registry (RSC # 1949, June 16th, 2005). The Region has further
indicated that no further action is required by the applicant in this regard.
Available Greenspace
A concern was indicated over the loss of the green space that once housed the school. The
developer has agreed to provide a small parkette and the Grand River Trail system associated
with the heritage Pioneer Tower is in close proximity.
Zoning
It was suggested that the property should revert to an R-2 or similar zoning. This is not
necessary as the 1-1 zone permits the residential uses proposed for the subdivision.
Density
Several residents indicated that the density is too high for the area. In keeping with the Region's
Growth Strategy as well as the Places to Grow legislation, this development is consistent with
the density targets. This area is at a significantly lower density and will never achieve the overall
density targets outlined in the above noted legislation, as development in this area is largely on
private services.
Buffering
The City does not require buffering between two similar uses, such as residential and
residential. However, the developer has been approached about the possibility of the provision
of shrubs or a hedge forming a living fence, for the property abutting the subject lands to the
west (88 Pioneer Tower Road). Discussions are ongoing between the developer and the
adjacent land owner at 88 Pioneer Tower Road.
FINANCIAL IMPLICATIONS:
There will be immediate and ongoing Operations costs for the maintenance of parkland, storm
water management facilities, streets, sidewalks and underground services. In the long term,
there will be repair and replacement costs for all of the foregoing engineering services.
COMMUNICATION:
Aaency and Department Circulation
This plan was circulated to all required agencies and city departments. The comments received
have either been addressed or included as conditions of draft approval.
Neiahbourhood Circulation
The Ian was circulated to all property owners on August 1 st, 2007 and report
to the residents prior to the meeting on June 16th, 2008 and the plan and zonin
by-law was advertised in the Kitchener Waterloo Record May 23, 200
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Neiahbourhood Meetina and Stakeholder Meetina
On October 25th, 2007 a neighbourhood meeting was held to invite neighbours to discuss the
plan of subdivision and allow them an opportunity to raise their concerns and have some of their
questions answered. The developer and his consultants were present as was City of Kitchener
staff and the Ward Councillor. In addition to this meeting a smaller follow-up stake holder
meeting was held on May 27th, 2008 to go over the staff's report and to flag any additional
questions.
CONCLUSION:
City staff supports the revisions noted above and recommends that Plan of Subdivision 30T-
06201 and that zoning by-law amendment application ZC08/07/P/JVW be adopted.
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Della Ross MA, MCIP, RPP
Manager Development Review
Attachments
Revised Plan of Subdivision 30T-06201
Revised Proposed by-law ZC08/07/P/JVW
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