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HomeMy WebLinkAboutDTS-08-157 - Doon South Community Plan Phase 2ii ID ~_ ~... ~~~~~ i~ ~~ ~~~~T~~~I. .~ ~_~~~t~~'dt~~_)~tj~~;r~~ ~~r REPORT Report To: Development and Technical Services Committee Date of Meeting: September 29, 2008 Submitted By: Jeff Willmer, Director of Planning (741-2325) Prepared By: Della Ross, Manager Development Review (741-2327) Juliane von Westerholt, Senior Planner (741-2667) Ward(s) Involved: Ward 4 Date of Report: September 24, 2008 Report No.: DTS-08-157 Sub'ect: DOON SOUTH COMMUNITY PLAN PHASE 2 ~ OFFICIAL PLAN AMENDMENT MP/XX1S/DR ,PLANS OF SUBDIVISION 30T-06203 (Activa), 30T-07202(Monarch),30T- 07203 (Hallman), 30T-07204 (MonarchlDodge Drive), ZONING BY-LAW AMENDMENTS ZC/06/29/S1DR, ZC/071151N/JVW, ZC07/161G/JVW, ZC07/17/D/JVW All currently under appeal to the Ontario Municipal Board under Case No. PL061250 and PL061251 Recommendation That Council endorse in principle the draft Official Plan Amendment for Doon South (Phase2~ Community, draft conditions of approval for Subdivisions 30T- 0203, 30T-07202, 30T-07203, 30T-07204 and the proposed draft zoning -by-laws, all as appended to Report No. DTS-08-157, to the extent they reflect matters in agreementthrough the Ontario Municipal Board mediation process, and That Council directs staff to continue mediation to resolve the outstanding issues and appear on behalf of the City of Kitchener at the hearing of the appeals of the above noted planning applications before the Ontario Municipal Board to represent City interests in accordance with such further and other instructions Council may provide. EXECUTIVE SUMMARY: This report relates to the following applications under the Planning Actthatare presently under appeal to the Ontario Municipal Board: • Activa Holdings Corporation Inc. OPA Doon South Community Phase 2, • Activa Holdings Corporation Inc Plan of Subdivision 30T-06203 • Activa Holdings Corporation Inc ZC 06/291S1DR • Monarch Corporation Limited Plan of Subdivision 30T-07202 • Monarch Corporation Limited OPA MP07108/N/JVW • Monarch Corporation Limited ZC 07115/N/JVW • Monarch Corporation Limited (Dodge Drive) Plan of Subdivision 30T-07204 • Monarch Corporation Limited (Dodge Drive)OPA MP07/10/D/JVW • Monarch Corporation Limited (Dodge Drive) ZC 07/17/D/JVW • Hallman Construction Limited Plan of Subdivision 30T-07203 • Hallman Construction Limited ZC 07/161G/JVW Under Sections 22(7), 34(11) and 51(34) of the Planning Act where a decision is not made on a complete application for official plan amendment, plan of subdivision or zoning by-law, the applicant has the right to appeal the lack of a decision to the OMB. When this is done the authority to approve of any such application lies with the Ontario Municipal Board. The applications for plans of subdivision for 30T-07203 by Hallman Construction (hereinafter Hallman), 30T-07202 and 30T-07204 by Monarch Corporation (hereinafter Monarch), were received in 2006. These plans were all located within Phase 2 of the Doon South community. Under the direction of the City of Kitchener Council, these plans were not circulated as the Phase 2 Community Plan was not completed and the Upper Blair Creek (Kitchener) Functional Drainage Study (hereinafter the Upper BlairCreek FDS) was also not finalized, thus making the consideration of these plans premature. In January of 2007 Monarch/Dodge Drive appealed their respective subdivision and zoning by-law amendment applications to the OMB because no decision had been made within the statutory time frame. In addition, an appeal of the Activa and Hallman subdivision and zoning by-law amendment applications was submitted in August of 2007 to the OMB and subsequently these files were consolidated with the other applications (Monarch) already before the OMB. The application for plan of subdivision 30T-06203 by Activa Holdings Corporation (hereinafter Activa) was received in November of 2006. This proposed plan of subdivision is located on lands within Phase 1 of the Doon South Community Plan. The application was a complete application under the Planning Act and was circulated for comment in January 2007. In August 2007 Activa appealed their subdivision and zoning by-law application to the OMB because no decision had been made on the application within the statutory time frame. This appeal was consolidated with the other appeals noted above. All of the Subdivisions together with the Official Plan Amendment and Zoning By-law Amendments have been the subject of an on-going mediation process at the OMB to resolve or reduce issues. 2 As these development applications are now before the OMB, the final decision concerning these applications rests with the OMB and not with Council. The draft Official Plan Amendment and the draft conditions of Draft Approval are being presented to Council, as an update on the progress made to date at the mediation sessions held by the OMB on these files. These conditions are in draft form: they are a living document and as studies are completed and approved and additional issues are resolved, the conditions will be updated accordingly. Staff is seeking Council's endorsement of the draft Official Plan Amendment, Zoning By-law Amendments and the Draft Approval conditions forming Appendix B and C to this report. Staff will continue to work through mediation and negotiation to further resolve or reduce issues before the commencement of the hearing and will seek Council's further direction and instruction as needed. Issues that remain unresolved will be the subject of the hearing before the OMB and the OMB will render a decision based on the evidence presented. REPORT: Background The Doon South Community is a large, developing area located in the southernmost portion of the City of Kitchener. Phase 1 of the community is mostly developed with communities completed, under construction or draft approved. Phase 2 of the Doon South Community forms part of the Upper Blair Creek Drainage Area which is not yet developed pending completion of the Upper Blair Creek FDS to assess capacity for full municipal servicing. The Doon South Community is designated for urban development within the Regional Official Plan and the Kitchener Official Plan. In 2003, the City of Kitchener initiated further study of this area and the surrounding sub-watershed of the Blair Creek in its Upper Blair Creek (Kitchener) Functional Drainage Study in order to assess and determine the amount of development that could be sustained in this environmentally unique area known as the Doon South Phase 2 area. When the Upper Blair Creek FDS review was in process, three plans of subdivision were received that staff did not circulate as per Council's direction. The plans were considered premature until the Upper Blair Creek FDS was completed and approved, and the Doon South Community Plan Phase 2 was approved, to determine if development was appropriate and atwhat density. The plans of subdivision, including a fourth plan of subdivision within the Phase 1 area of the Doon South Community, and official plan amendment were appealed to the OMB, by the owners, after the legislated 180 days because no decision had been made. It was determined through several OMB prehearing conferences, that the issues before the Board were very broad and very numerous. In January of 2008 all parties agreed that mediation, Chaired by a member of the OMB, would be an appropriate means to scope the issues for the Hearing. Since January all of the parties have mediated in good faith to work toward resolution of issues, including but not limited to the environment, transportation and servicing. The purpose of this report is to provide Council with an update on the work completed to date through the mediation process, to obtain endorsement from Council for the work 3 completed to date and direction for staff to continue with the mediation process and future Hearing. The recommendations of Council will be provided to the Ontario Municipal Board Chair at a prehearing on October 15, 2008. The documents attached as appendices include the draft approval conditions for the four plans of subdivision, draft Zoning By-law Amendments and the draft Official Plan Amendment (OPA}. The OPA, Zoning By-laws and draft approval condition documents are not final as work is on-going and being done to review technical information primarily related to the Upper Blair Creek FDS and traffic matters in order to reach conclusions/recommendations on the outstanding issues and conditions. The appendices are draft at this point, understanding that there will be additions to the conditions and policies as the studies are finalized and mediation continues. However, the draft conditions and OPA do represent general agreement to date on what has been discussed through the mediation process and outstanding issues are noted therein. The three primary areas that have been servicing, transportation and environment. areas of consideration is provided below. addressed in the mediation sessions are A brief description of the status of these 1)Servicinq The Upper Blair Creek FDS will identify an appropriate stormwater management implementation strategy for development within the headwater area of the Upper Blair Creek Subwatershed. The primary goal is to determine if residential development, of higher density forms than allowable under current planning designations, can be accommodated and potential impacts sufficiently mitigated, to achieve the recommendations established within the original Blair, Bechtel, and Bauman Creeks Subwatershed Plan (1997) (hereinafter the BBB Study). The Upper Blair Creek FDS is expected to provide the City of Kitchener, the Regional Municipality of Waterloo (hereinafter the RM011~, and the Grand River Conservation Authority (hereinafter the GRCA) with an improved understanding of the potential environmental impacts of the future development within the Doon South (Phase 2) Community Plan and Upper Blair Creek areas, and the technical basis necessary to review the future development applications and proposed mitigating measures associated with fully serviced residential development across the subject lands. The Upper Blair Creek FDS provides sufficient documentation such that it serves as an implementation plan to be referenced by future detailed design proposals. The implementation plan component of the study provides agency staff and the development industry with design criteria that must be achieved within given development areas and a storm-water management "tool-box" with which to achieve those goals. This "tool-box" is intended to provide developers with a variety of viable options that, when implemented as amulti-component approach, have the capacity to achieve the required level of control; it is not intended to represent a "cookbook" set of SWM techniques to be followed to the letter. Finally, the UBFDS provides comprehensive risk management and adaptive 4 management strategies to minimize the potential for environmental impacts in the event that components of the SWM system do not function precisely as designed, and to allow for revisions to the planning and/or servicing approach as development proceeds, should observations indicate that the receiving system is reacting to upstream changes in unpredicted and undesirable ways. Implicit in the adaptive management strategy is the implementation of a monitoring program that will serve to identify any changes to the receiving system and, ideally, pinpoint the cause of such impacts so that remedial steps can be undertaken. See AppendixAfor more detail on the Upper Blair Creek FDS. 2)Transportation As part of the ongoing work related to the development of Official Plan policies for Phase 2 of the Doon South Community, a collector road network had to be established to service the traffic needs and to offset the load demands on existing collector roads such as Robert Ferrie Drive and Doon South Drive. The collector road network was determined after consideration of 6 alternatives, each of which evaluated the environmental, social and cultural heritage impacts as well as examined the ability to meet transportation needs of this growing community. The Environmental Assessment (EA} process was combined with the Planning process and this too became amalgamated with the OMB process. Phases 1 and 2 of the Municipal Class EA Planning and Design Process are being dealt with in the context of the comprehensive Municipal Plan Amendment. Phases 3, 4, and 5 of the Municipal Class EA, which will finalize design and mitigation aspects, will be dealt with in the context of the various plans of subdivision, including the subdivisions that are currently before the OMB. As these are being dealt with through the OMB, the final approval also rests with the OMB. The Collector Road alternative considered the findings of other studies including the Doon South Scenic Roads Study and the BBB Study to determine the preferred alternative which would cross the Blair Creek at a point with the least impact to the environmental features, while providing an east -west collector to Strasburg Road. Further studies are being conducted to assess the impacts of these development applications on the broader transportation network including major arterial roads, at both local and regional levels and to recommend mitigation measures to offset the increase in traffic demand. 3)Environment As per Council's direction, City staff together with the Region (hereinafter RMOUV} and the GRCA, as well as the Ministry of Natural Resources and Department of Fisheries and Oceans has been working closely together to identify and protect natural heritage features including but not limited to significant woodlots, wetlands, ESPAs and other natural features along the entire Upper Blair Creek Sub-watershed within the Doon South Community. Staff continues to work closely with these agencies and their experts in order to ensure the features are adequately protected as required by the Provincial Policy Statement and other provincial or federal legislation. All mitigation measures are reviewed very closely in order to minimize any negative impacts to these features. Where the potential for threatened or endangered species exist, every opportunity is seized to preserve and protect the species as well as their habitat in the Doon South 5 Phase 2 area. The open space land use designation forms part of the information shown on the Land Use Schedule Map 5 in the Official Plan Amendment has been updated to reflect the current information available about these areas. A significant number of additional greenspace areas have been added to the open space designation in order to ensure the preservation of these features including the designation of a previously unknown wetland. OFFICIAL PLAN AND DOOM SOUTH COMMUNITY PLAN: Official Plan Amendment -Phase 2 Doon South Community The purpose of this Amendment is to incorporate detailed land use boundaries for lands within the established urban area; recognize the feasibility of fully serviced development; expand and revise the collector road network serving the community; designate Groh Drive from Thomas Slee to Dodge Drive, portion of Reidel at Stauffer as well as Dodge Drive as Scenic-Heritage Roads; detail heritage policies for the Groh Drive/Dodge Drive area and implement the technical findings associated with the Upper Blair Creek Functional Drainage Study, update Open Space designations to implement the Blair Bechtel Bauman Subwatershed Study Greenspace Management recommendations and current floodplain and wetland mapping. The full Amendment, in draft, is attached as Appendix B. DRAFT PLANS: 30T-06203-Stauffer UUoods (Activa~ An application for a plan of subdivision on lands known as Part of Lot 3 Richard Beasley's New Survey in the Doon South Community was received by the City of Kitchener in November of 2006. The lands have a total area of 16.278 hectares and are located south of Stauffer Drive and west of Groh Drive. Lands to the north of the subject lands have already received Draft Approval for residential development, while lands to the south and west are currently in cultivation and/or contain a woodlot. The western boundary of the subject lands abuts ESPA 33. Lands to the east are developed for residential uses. The applicant is seeking Draft Approval of this plan which is comprised of 204 single and semi-detached residential lots and 185 multiple residential lots including town-homes. The draft conditions of Draft Approval are attached as Appendix C. The subject lands are designated Low Rise Residential in the City of Kitchener Official Plan and form part of Phase 1 of the Doon South Community Plan. In addition, the lands are also to be rezoned from Agricultural (A-1) to appropriate residential zones including Residential Four (R-4) and Residential Six (R-6) as well as zones for Public Parks (P-1), storm water management facilities and Open Space (P-2) and Hazard lands (P-3) where development will be prohibited. A draft by-law is also attached in Appendix C. 30T-07203 Hallman Construction Ltd. An application for a plan of subdivision on lands known as Part of Lot 2 Richard Beasley's New Survey in the Doon South Community was received by the City of Kitchener on October 27t", of 2006. The lands have a total area of 13.7 hectares and are located south of the intersection of Stauffer Drive and Tilt Drive at Groh Drive. The 6 lands are located to the east of Groh Drive opposite the lands in the Activa subdivision 30T-06203 referred to above. Lands to the north of the subject lands have already received Draft Approval for residential development, while lands to the south, east and west are currently undeveloped. Further to the south of the subject lands is the Dodge Drive Scenic Road and the estate residential uses along its corridor. The eastern boundary of the subject lands abuts the Monarch lands also proposed for residential uses in proposed draft Plans 30T-07204 (most adjacent) and 30T-07202 (further to the east). The applicant is seeking Draft Approval of this plan which is comprised of 178 single and semi-detached residential lots, 23 residential condominium lots and 59 multiple residential lots including town-homes. The draft conditions of Draft Approval are attached as Appendix C. The subject lands are designated Limited Service Residential in the City of Kitchener Official Plan and form part of Phase 2 of the Doon South Community Plan. The applicant is seeking a an Official Plan Amendment which will be re-designating these lands to Low Rise Residential, which will allow more traditional subdivision development whereas the current designation would only permit a lower density development to a maximum of 25 % impervious cover. This is more consistent with estate lot residential development. In addition, the lands are also to be rezoned from Agricultural (A-1) to appropriate residential zones including Residential Four (R-4) and Residential Six (R-6) as well as zones for Public Parks (P-1 ), storm water management facilities and Open Space (P-2) and Hazard lands (P-3) where development is prohibited. A draft by-law is also attached in Appendix C. The subject lands will be subject to the findings and recommendations of the Upper Blair Creek FDS, which will assess and determine the amount of development that could be sustained in the Doon South Phase 2 area. 30T-07202 (Topper Woods Stage 3) Monarch An application for a plan of subdivision on lands known as Part of Lot 4, Biehn's Tract and Part of Lot 1 Richard Beasley's New Survey in the Doon South Community was received by the City of Kitchener on June 12t" in 2006. The lands have a total area of 21.62 hectares and are located north of New Dundee Road at Reichert Drive and are directly adjacent and to the east of lands in the Dodge Drive subdivision 30T-07204. Lands to the north of the subject lands have already been developed as Phases 1 and 2 of Topper Woods also owned by Monarch, while lands to the south, east and west are currently undeveloped. The applicant is seeking Draft Approval of this plan which is comprised of 118 single and semi-detached residential lots and 99 multiple residential lots including town-homes and or mixed use development. The draft conditions of Draft Approval are attached as Appendix C. The subject lands are designated Limited Service Residential in the City of Kitchener Official Plan and form part of Phase 2 of the Doon South Community Plan. The applicant is seeking a an Official Plan Amendment which will be re-designating these lands to Low Rise Residential, which too will allow more traditional subdivision development as indicated above in the Hallman subdivision. In addition, the lands are also to be rezoned from Agricultural (A-1) to appropriate residential zones including 7 Residential Four (R-4) and Residential Six (R-6) as well as zones for Public Parks (P-1 ), storm water management facilities and Open Space (P-2) and Hazard lands (P-3) where development is prohibited. The proposed by-law is also attached in Appendix C. The subject lands will also be subject to the findings and recommendations of the Upper Blair Creek FDS, which will assess and determine the amount of development that could be sustained in the Doon South Phase 2 area. 30T-07204 Dodge Drive (Monarch) An application for a plan of subdivision on lands known as Part of Lot 2 Richard Beasley's New Surve~r in the Doon South Community was received by the City of Kitchener on June 12t , 2006. The lands have a total area of 19.41 hectares and are located north of New Dundee Road at Dodge Drive and are to the east of lands in the Hallman subdivision 30T-07203. Lands to the north of the subject lands have already been developed as Phases 1 and 2 of Topper Woods also owned by Monarch, and to the northwest lands owned by Hallman Construction 30T-03203, while lands to the south, east and west are currently undeveloped. The applicant is seeking Draft Approval of this plan which is comprised of 133 single and semi-detached residential lots and 80 multiple residential lots including town- homes. The subject lands are designated Limited Service Residential in the City of Kitchener Official Plan and form part of Phase 2 of the Doon South Community Plan. The applicant is seeking a an Official Plan Amendment which will be re-designating these lands to Low Rise Residential, which too will allow more traditional subdivision development as indicated above in the Hallman and Monarch subdivisions. In addition, the lands are also to be rezoned from Agricultural (A-1) to appropriate residential zones including Residential Four (R-4) and Residential Six (R-6) as well as zones for Public Parks (P-1), storm water management facilities and Open Space (P-2) and Hazard lands (P-3) where development is prohibited. Both the draft conditions of approval and the proposed by-law are attached as Appendix C. As with the Hallman Lands in 30T-07203 and Monarch lands in 30T-07202 the subject lands will also be subject to the findings and recommendations of the Upper Blair Creek FDS, which is intended to assess and determine the amount of development that could be sustained in the Doon South Phase 2 area. Summary To summarize, as these development applications are now before the OMB, the final decision concerning these applications rests with the OMB and not with Council. The draft Official Plan Amendment, draft Zoning By-law Amendments, and the draft conditions of Draft Approval are being presented to Council, as an update on the progress made to date at the mediation sessions held by the OMB on these files. These conditions are in draft form: they are a living document and as studies are completed and approved and additional issues are resolved, the conditions will be updated accordingly. Staff is seeking Council's endorsement in principle of the draft Official Plan Amendment, Zoning By-law Amendments, and the Draft Approval conditions and of the work completed to date. On Council's Direction, staff will continue 8 to work through mediation and negotiation to further resolve ar reduce issues before the commencement of the hearing and will seek Council's further direction and instruction as needed. Gity Staff will continue to work with the developers and the public agencies and all parties before the oMB to resolve andlor finalize issues as they relate to the environment, the servicing and the transportation for the greater Doon South Area, as well as any other issues that may arise from further mediation. Issues that remain unresolved will be the subject of the hearing before the oMB and the oMB will render a decision based on all of the evidence presented. ~ ~ Jeff Uvillmer MCIP, RPP Director of Planning Grant Murphy, P. Director of Engine i Services ~f ~~ Ju one von Westerholt, DES, MCIP, RPP nior Planner Della Ross MA, CIP, RPP Manager, Development Review ..: :~ N ra Assis an ity Solicitor ohn Mc Bride Director, Transportation Planning AppendixA-lJpper Blair Creek (Kitchener} Functional Drainage Study Update Appendix B - Draft official Plan Amendment ~Doon Sough Community Phase 2~ A endix ~ - Draft Ap royal Conditi~nslproposd ~~nin~ Bylaws pp p Note: Dine. tv size, ~ pendices will be aveilable in electronic format enly on the City's webpage - p htt :llwww.ktchener.calcit hell~de ertmentslde~tech se~i~esl lanr~in ldoan south cam lan;ht~l 9