HomeMy WebLinkAboutDTS-09-051 - Update & Final Endorsement of Doon South Community Planl
KITC~~R
Development&
Technical Services
Date of Meeting: March 30, 2009
Submitted By: Jeff Willmer, Interim General Manager of DTS (741-2325)
Prepared By: Della Ross, Manager Development Review (741-2327)
Juliane von Westerholt, Senior Planner (741-2776)
Ward(s) Involved: Ward 4
Date of Report: March 23, 2009
Report No.: DTS 09-051 Addendum to DTS-08-157
Sub'ect: DOON SOUTH COMMUNITY PLAN PHASE 2
~ OFFICIAL PLANAMENDMENT MPIXX/S/DR, PLANS OF
SUBDIVISION 30T-06203 (Activa), 30T-07202(Monarch),30T-
07203 (Hallman), 30T-07204 (MonarchlDodge Drive), and
30T-08203(Activa Phases 2-4) ZONING BY-LAW
AMENDMENTS ZC/06/29/SlD R, ZC/07/15/N/JVW,
ZC07116/GIJVW, ZC07/17/DIJVW, ZC08/15/NIJVW
All currently under appeal to the Ontario Municipal Board
under Case No. PL 070696; PL061250; PL061251; PL
081602 and PL 081622.
Recommendation:
That Council endorse in principle the proposed Official Plan Amendment for
Doon South (Phase 2) Community, proposed conditions of draft approval for
Subdivisions 30T-0203, 30T-07202, 30T-07203, 30T-07204 and 30T-08203 and the
related proposed zoning -by-laws, all as appended to Report No. DTS-09-051, as
they reflect matters in agreement through the Ontario Municipal Board mediation
process, and
That Council authorizes the Director of Engineering Services and the Director of
Planning to approve minor revisions to the text required as a result of the
resolution of the Ontario Municipal Board appeals and directs staff to 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.
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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. Official Plan Amendment Doon South
Community Phase 2,
• Activa Holdings Corporation Inc Plan of Subdivision 30T-06203
• Activa Holdings Corporation Inc ZC 06 I29/SIDR
• Monarch Corporation Limited Plan of Subdivision 30T-07202
• Monarch Corporation Limited OPA MP07/081NIJVW
• Monarch Corporation Limited ZC 07/151NIJVW
• 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 07/16/G/JVW
• Activa Holdings Corporation Inc. Plan of Subdivision 30T-08203
• Activa Holdings Corporation Inc. ZC 08115/N/JVW
In September 2008, staff presented DTS Report 08-157 to Council which summarized
the progress made through mediation with respect to the Official Plan Amendment, the
Doon South Community -Phase 2 as well as the Plans of Subdivision listed above that
were collectively appealed to the Ontario Municipal Board (hereinafter the OMB). This
report will provide a further update to Council on the results of the mediation process,
the Official Plan Amendment, the Amending Zoning By-laws and agreed upon
conditions of DraftApproval forthe aforementioned plans of subdivision.
A fifth Draft Plan of Subdivision was received in July of 2008 and circulated for comment
in anticipation of its possible consolidation with the others already appealed to the OMB
and being discussed through the mediation process. The lands comprising plan of
subdivision 30T-08203 consist of Phases 2-4 of the Activa Holdings development
located in Phase 2 of the Doon South Community. The plan proposes a mix of
residential dwelling types including single detached, semi-detached and town houses
for a total of 1513 units and represents the balance of the lands in the Doon South
Community -Phase 2 area. This Draft Plan of Subdivision and related Zoning By-law
amendment were appealed by Activa Holdings to the Ontario Municipal Board in
January, 2009 so that they may be dealt with concurrently with their other development
applications under appeal.
As Council is aware, 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. A four week OMB hearing has been
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scheduled to commence on April 6t", 2009. The final decision regarding all of these
applications rests with the Ontario Municipal Board. Staff are seeking Council's
approval in principle of the proposed policies, conditions of draft approval and zoning
regulations as set out in the Official Plan Amendment, Conditions of Draft Approval of
Plans of Subdivision and Zoning By-law Amendments attached as Appendices A and B
to this Report as they represent the resolution of the issues achieved through the
mediation process at the Board. With Council's endorsement Staff will present these
documents to the Ontario Municipal Board for approval. Any issues identified by other
Parties or Participants 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:
Since January of 2008 all of the parties have mediated in good faith to work toward
resolution of issues, on matters 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 since the report in September, 2008 through the
mediation process, to obtain endorsement from Council for resolution of issues
achieved date and direction for staff to proceed to the Ontario Municipal Board Hearing
scheduled to commence on April 6t", 2009 to resolve any outstanding issues. City Staff,
the Region, the Grand River Conservation Authority and the appellants have reached
agreement over the issues identified through the appeal process.
The documents attached as appendices include the draft approval conditions for the five
plans of subdivision, Zoning By-law Amendments and the Official Plan Amendment
(OPA). The OPA, Zoning By-laws and draft approval condition documents are final
versions that City staff together with the Region, the Grand River Conservation Authority
and the appellants are satisfied with and have agreed upon through the mediation
process. Staff intend on presenting these conditions to the Board member for approval
as part of a future settlement hearing if directed by Council to do so.
The three primary areas that have been addressed in the mediation sessions since the
report of September, 2008 are servicing, transportation and environment. A brief
description of the status of these areas of consideration is provided below.
1 Servicin
The Upper Blair Creek Functional Drainage Study (Upper Blair Creek FDS) has
identified an appropriate stormwater management implementation strategy for
development within the headwater area of the Upper Blair Creek Subwatershed. The
primary goal was 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) .
On February 23rd, 2009 the City of Kitchener approved the Upper Blair Creek FDS and
its recommendations and since then the same has been approved by both the Region
of Waterloo and the Grand River Conservation Authority. The recommendations of the
Upper Blair Creek FDS including those pertaining to monitoring and stormwater
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management contingency measures will be implemented through the Official Plan
Amendment and the draft plan approval conditions for the individual plans of
subdivision.
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 preferred alternative
included an east- west collector road connecting this community to Strasburg Road with
a creek crossing of Blair Creek at the point of least environmental impact.
The recommendations of the various traffic studies (iTrans and Paradigm reports}
relating to all the road improvements within the respective plans of subdivision required
to accommodate full build-out of the plans in the Doon South community will be
implemented through the conditions of draft plan approval for the five plans of
subdivision as attached as Appendix "B" to this report which provide for the phasing of
development and the collector road network.
3)Environment
As per Council's direction, City staff together with the Region, the Grand River
Conservation Authority, as well as the Ministry of Natural Resources and Department of
Fisheries and Oceans have worked 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. All mitigation measures were reviewed very closely in order to
minimize any negative impacts to these features. Recommendations made around the
protection of any threatened species and their habitat as well as any mitigation
measures as outlined in the Ecoplans Report prepared as part of the ongoing
mediation, will be implemented through the Official Plan Amendment and draft plan
approval conditions forthe individual plans of subdivision.
Staff are confident that where the potential for threatened or endangered species exist,
every opportunity was seized to preserve and protect the species as well as their habitat
in the Doon South 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.
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QFFCAL PLAN AND DQON SQITH CQMI~UNITY PLAN:
Gfficial Plan Amendment - Phase ~ Doon South Communit
The purpose of this Amendment is to incorporate detailed land use boundaries far 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 Sfee to Dodge Drive, portion of Reidef at Stauffer as
well as Dodge Drive as Scenic-Heritage Roads; detail heritage policies for the Groh
DriveiDodge 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 Greensp~ace Management
recommendations and current ~loodplain and wetland mapping. The complete Gfficial
Plan Amendment is attached as Appendix A.
Summary
To summarize, as these development applications are now before the GMB, the final
decision concerning these applications rests with the DMB and not with Cau~ncil. The
Dfficial Plan Amendment, Zoning By-law Amendments, and the conditions of Draft
Approval that are being presented to Council, represent the resolution of issues
achieved by City, Regional and GRCA staff with the appellants achieved through the
mediation process. Staff are seeking Council's endorsement in principle- of the Official
Plan Amendment, Zoning Bylaw Amendments, and the Draft Approval conditions. an
Council's Direction, staff will proceed to a hearing on April ~t", 2099 to submit proposed
documents for approval as representing a settlement and to proceed to~ the hearing over
any issues that remain unresolved with other parties andfor participants.
Della Ross MA, C1P, RPP
Manager, Development Review
l
A
ti Grant u phy, .Eng.
Direct Engineering Services
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s~ ~ ~~ ~
uli ne von Westerholt, BES, MCIP, RPP John Bri
Se for Planner Direc or Transportation Planning
Appendix A -Official Plan Amendment (Daon South Community Phase 2)
Appendix B- Draft Approval Conditions/proposed Zoning By-laws
To view the appendices in full, please visit the Planning website at
htt .11www~kitchener.calcit hallfde artmentsldevte~h_serviceslplanningfdoon~south~com~n~plan.htr~l
p Y.~ p
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