Community & Infrastructure Services Committee

Transcription

1 REPORT TO: DATE OF MEETING: June 23, 2014 SUBMITTED BY: Community & Infrastructure Services Committee Alain Pinard, Director of Planning PREPARED BY: Brian Bateman, Senior Planner, ext WARD(S) INVOLVED: Ward 1 DATE OF REPORT: May 16, 2014 REPORT NO.: CSD SUBJECT: Draft Plan of Subdivision 30T Zone Change Application ZC11/14/W/GS 250 WOOLWICH STREET SESTAN BUILDING GROUP 2-1

2 RECOMMENDATION: A. That Zone Change Application ZC/11/14/W/GS (J. Sestan) requesting a change in zoning from Agricultural Zone (A-1) with Special Regulation Provisions and Property Detail to Residential Three (R-3), Residential Six (R-6) and Open Space (P-2) with Special Regulations and Property Detail be approved in the form shown in the Proposed By-law dated, May 2014 attached to Community Services Department Report CSD as Appendix B; B. That the City of Kitchener grant an exemption to the City s Sidewalk Policy I-1120 to have no sidewalk on the east side of Old Cottage Place; no sidewalk on Old Cottage Close and, further that no sidewalk be extended along on the west side of Old Cottage Place where it currently terminates at 18 Old Cottage Place; C. That the City of Kitchener grant an exemption to the City s Emergency Services Policy I-1035 to allow for one emergency access to serve two cul-de-sacs instead of the required one cul-de-sac; and further D. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P13 as amended, and delegation by-law , grant draft approval to Plan of Subdivision Application 30T-11205, in the City of Kitchener, for Sestan Building Group, subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T for Sestan Building Group as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 2, 2014, which shows the following: Stage 1 Lots 1-10 Single Detached Lots 10 Block 11 Open Space/Hazard Land Block 12 Open Space/Trail Block 13 Servicing Corridor Block 14 Servicing Corridor/Emergency Access/Walkway Block 15 Right-of-Way Stage 2 Block 1 Multiple Residential 12 Block 2 Lot Addition Block 3 Future Right-of Way Total 22 units 2. CITY OF KITCHENER CONDITIONS: Part 1 General Conditions 2.1 That the SUBDIVIDER shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached 2-2

3 Plan of Subdivision dated May 2, 2014, which shall contain the following additional special conditions: Part 2 Prior to Grading 2.16 That prior to Grading or Registration, whichever shall come first, the SUBDIVIDER shall prepare a Screening Plan on Lot 10 (Stage One) to the satisfaction of the CITY s Director of Planning in consultation with the CITY s Director of Operations That Prior to any site alteration, grading, servicing or registration, whichever comes first, the SUBDIVIDER agrees to register a conservation easement over Block 1 (Stage 2) which shall identify the SUBDIVIDER S on-going responsibilities regarding the Butternut tree under the Ontario Endangered Species Act and, specifically, any required mitigation and implementation measures related to the Butternut tree as specified by the Ministry of Natural Resources (letter from Ian Hagman to Tara Brenton, NRSI, September 12, 2012). An undertaking may be provided by the SUBDIVIDER to the satisfaction of the City Solicitor to confirm intent to register the conservation easement immediately following the registration That prior to grading, servicing or registration, whichever comes first, the SUBDIVIDER agrees to submit an erosion and siltation control plan to the satisfaction of the City in consultation with the Region of Waterloo and the Grand River Conservation Authority That prior to grading, servicing or registration, whichever comes first, the SUBDIVIDER agrees to submit a stormwater management plan to the satisfaction of the City in consultation with the Region of Waterloo and the Grand River Conservation Authority. Part 3 Prior to Servicing 3.19 The SUBDIVIDER agrees to service and register the plan in two stages. Stage One can proceed immediately. Stage Two is not contingent upon Stage One but cannot occur until such time as Field Sparrow Crescent is constructed to municipal standards in Registered Plan of Subdivision 58M-522, or through alternate arrangements made to the satisfaction of the Director of Planning in consultation with the Directors of Engineering, Transportation Services and the City s Solicitor The SUBDIVIDER agrees to upgrade the outlet of the existing downstream storm water management facility located in Block 11 (Stage One) to the satisfaction of the Director of Engineering and the Grand River Conservation Authority. Part 4 Prior to Application for Issuance of any Building Permits 4.18 The SUBDIVIDER agrees that no building permits shall be applied for or issued until satisfactory arrangements are made with the CITY s Chief Building Official in consultation with the CITY s Fire Chief to install sprinklers and a direct-to-fire alarm monitoring system for Lots 1 to 10 (Stage 1). Satisfactory arrangements shall be the submission of drawings showing the hardwiring and sprinklers in each dwelling. Occupancy of each dwelling shall not be permitted until the CITY s Chief Building Official has confirmed that such system is operational. Such system shall be maintained and 2-3

4 remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY s Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory The SUBDIVIDER agrees that no building permit shall be applied for or issued for Priority Lots 1 and 10 (Stage One), until the required building elevation and/or building location drawings have been submitted and approved by the CITY S Director of Planning and the CITY s Chief Building Official for the proposed building thereon to ensure that consideration has been given to the design treatment of each corner lot/dwelling including such items as the provision of porches, porticos, stairs or other projections; horizontal articulation; brick or masonry style skirting and/or accentuated windows; and secondary entries The SUBDIVIDER agrees that no building permit shall be applied for or issued for Lot Addition Block 2 (Stage Two) or portions thereof, until such time as said block is merged on title with Lot 20, 58M-522 to the satisfaction of the Director of Planning Part 6 Other Timeframes 6.15 The SUBDIVIDER agrees that board-on-board fencing is prohibited along the exterior side lot lines of Lots 1 and The SUBDIVIDER agrees to install direct-detect monitoring and sprinklers for Lots 1 to 10 (Stage 1) and these systems must be maintained and must remain operational in perpetuity as a responsibility of the homeowner to the satisfaction of the City s Fire Chief and Building Official The SUBDIVIDER agrees to advise prospective purchasers of Lot 10 that any vegetation associated with the Screening Plan is not be removed or significantly altered without approval by the Director of Planning. General maintenance is exempted from this provision The SUBDIVIDER shall include a statement in all Offers of Purchase and Sales Agreements, and/or rental agreements, which advises: a) That the home/business mail delivery will be from a designated Community Mail Box; and, b) Homeowners of the exact Community Mail Box location. The SUBDIVIDER further agrees that the location of all Community Mail Box facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s) The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with home buyers, or in Agreement of Purchase and Sale with builders that will require the builders to include a statement in all Agreements of Purchase and Sale, and/or Rental Agreements with home buyers, that: 2-4

5 a) Identify the presence of direct-to-fire alarm monitoring systems and sprinklers for Lots 1 to 10 (Stage 1) and the requirement that these systems must be maintained and must remain operational in perpetuity as a responsibility of the homeowner. The wording of the statement shall be to the satisfaction of the CITY s Chief Building Official in consultation with the CITY s Fire Chief. b) Advise that any plantings located along the exterior side lot line of Lot 10 are not to be removed/altered in any way unless first approved by the Director of Planning. General maintenance is exempted from this provision. c) Advise that board-on-board fencing is not permitted along the exterior lot lines of Lots 1 and The SUBDIVIDER agrees to implement the approved Screening Plan on Lot 10 (Stage One), to the satisfaction of the Director of Planning. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement shall be registered on title. 2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director of Planning and to obtain approval of such applications 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 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. 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: 2-5

6 a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements HYDRO, and telephone companies and 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 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 Engineering, 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 the 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 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 location, notifications regarding contacts for school sites, noise attenuation measures, 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 application, 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 2-6

7 information may not be current and to obtain updated information, enquiries should be made at the CITY S Planning Division. 10. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan, namely Old Cottage Place and Old Cottage Close. 11. The SUBIVIDER agrees to convey the following lands to the City of Kitchener: Stage 1 Block 11 (Open Space/Hazard Land) Block 12 (Open Space Trail) Block 13 (Servicing Corridor) Block 14 (Servicing Corridor/Emergency Access/Walkway) Block 15 (Right-of-Way) Stage 2 Block 3 (Future-Right-of Way) 12. Prior to Grading or Registration, whichever shall come first, the SUBDIVIDER shall prepare a Screening Plan for Lot 10 (Stage One) to the satisfaction of the CITY s Director of Planning in consultation the CITY s Director of Operations. 13. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit, obtain approval of and commence a detailed monitoring program, as outlined in the Environmental Impact Statement (Natural Resources Solutions Inc., November 2011) to the satisfaction of the CITY s Director of Engineering Services in consultation with the Regional Municipality of Waterloo and Grand River Conservation Authority. 14. That prior to any site alteration, grading, servicing or registration of Stage One, whichever comes first, the SUBDIVIDER agrees to register a conservation easement over Block 1(Stage Two) which shall identify the SUBDIVIDER S on-going responsibilities regarding the Butternut tree under the Ontario Endangered Species Act and, specifically, any required mitigation and implementation measures related to the Butternut tree as specified by the Ministry of Natural Resources (letter from Ian Hagman to Tara Brenton, NRSI, September 12, 2012). An undertaking may be provided by the SUBDIVIDER to the City Solicitor to confirm intent to register the conservation easement immediately following the registration. 15. The SUBDIVIDER shall satisfy the total parkland dedication for the entire subdivision, by paying to the City of Kitchener Park Trust Fund a cash-in-lieu contribution for park dedication equal to 5 percent of the value of the land less the area of Block 12 (Stage One) (0.03 ha) being dedicated for trail purposes. Said value of land shall be determined as of the day prior to the day of registration of the subdivision. The cash-in-lieu rate shall be that found in the City s Parkland Dedication Policy in effect at the time of registration. 16. The SUBDIVIDER agrees to make the necessary arrangements (financial or otherwise) to lift easements on title registered as Parts 1 and 2, 58R to the satisfaction of the City Solicitor in consultation with the Directors of Engineering and Planning. 2-7

8 17. That prior to grading, servicing or registration, the SUBDIVIDER submits an erosion and siltation control plan to the satisfaction of the Director of Engineering in consultation with the Region of Waterloo and the Grand River Conservation Authority. 18. The SUBDIVIDER submits a stormwater management plan to the satisfaction of the Director of Engineering in consultation with the Region of Waterloo and the Grand River Conservation Authority. 19. 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 1) That the Developer agrees to stage the development for this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services; 2) That the subdivision agreement be registered by the City of Kitchener against the lands to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan; 3) a) That the Developer enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever comes first. Where the Developer 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 for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered; b) That the Developer include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The 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 ; 2-8

9 4) That prior to final approval, the Developer enter into a registered development agreement with the Region of Waterloo to require a minimum 1.2 metre high, paige wire fencing and/or an alternate marking system consistent with other fences in the development (as required by the City of Kitchener) at the rear of Lots 7 to 10 inclusive and along the southern property limit of Block 11 to prevent encroachments into the Core Environmental Feature; 5) That prior to final approval, the Developer enter into a registered development agreement with the Region of Waterloo that no clearing of vegetation on the site occur during the bird breeding season in compliance with the Migratory Birds Convention Act unless it can be determined by a qualified expert via letter submitted to the Region s satisfaction that no birds covered by the Act are observed to be breeding in or adjacent to the affected area; 6) That prior to final approval, the Developer enter into a registered development agreement with the Region of Waterloo that prior to any land clearing, grading or other site alteration, the Developer obtain permits, if necessary, from the Ministry of Natural Resources (MNR) related to species at risk identified on or contiguous to the subject lands in compliance with the Endangered Species Act. Mitigation measures related to the Butternut Tree as specified by the MNR (Letter from Ian Hagman to Tara Brenton, NRSI, September 13, 2012) must be implemented including the 10-metre protective buffer from the bole of the tree; 7) That prior to final approval, the Developer enter into a registered development agreement with the Region of Waterloo that prior to any land clearing, grading or the installation of services, the Developer submit a detailed erosion and sediment control plan acceptable to the Region in order to prevent sedimentation into the Core Environmental Feature, and that the plan require erosion/sedimentation and construction fencing along the southern property limit contiguous to the Core Environmental Feature, and that this fence be maintained in good order until such time as landscaping on Lots 7 through 10 inclusive and Block 11 is completed; 8) That prior to final approval, the Developer submits a detailed stormwater management plan to the satisfaction of the Region including, but not limited to, the design and location of infiltration facilities and stormwater outfalls required to sustain the Core Environmental Feature and prevent erosion within it; 9) That prior to final approval, the Developer shall submit a landscaping and planting plan for additional plantings proposed for the subject lands and that recommended plantings shall consist of locally-appropriate, self-sustaining native vegetation to the satisfaction of the Region; 10) That prior to final approval, the Developer shall submit a detailed Monitoring Plan as outlined in the Sestan Property Environmental Impact Study (Natural Resource Solutions Inc., November 2011) to the satisfaction of the Region, the City of Kitchener and Grand River Conservation Authority and that the Developer enter into a registered development agreement with the Region of Waterloo to ensure the approved Monitoring Plan is followed; and, 11) That prior to final approval, the Developer shall submit a brochure for new home purchasers which provides information about the natural heritage features contiguous to 2-9

10 the subdivision which contains advice about how homeowners can be good stewards of these areas, and that the brochure be prepared to the satisfaction of the Region, City of Kitchener, Grand River Conservation Authority and Ministry of Natural Resources (if necessary) and that the Developer enter into a registered development agreement with the Region of Waterloo to provide all new home purchasers with a brochure with their agreements of purchase and sale. 4. OTHER AGENCY CONDITIONS 1. The SUBDIVIDER agrees, that prior to grading, servicing or registration whichever comes first, to submit a stormwater management report and plan, a lot grading, drainage and storm servicing plan; an erosion and siltation control plan and obtain approval of a Development permit to the satisfaction of the Grand River Conservation Authority 5. CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the CITY s Director of Planning, the City of Kitchener is to be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1 to 3.11 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief but complete 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 City of Kitchener is to be the advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to their satisfaction. The clearance letter shall include a brief statement outlining how the condition has been 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 Condition and has been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 4. That prior to the signing of the final plan by the CITY s Director of Planning, the Director shall be advised by the telecommunication companies (Bell, Rogers) that Conditions and have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law or its successor 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 2-10

11 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Regional Fees 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law , pursuant to Section 69 of the Planning Act, R.S.O c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of 30T Identification of Applicable Planning Act 5. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O.1990, as amended by S.O.2006,c.23(Bill 51). Regional Servicing Agreement 7. 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 Transportation and Environmental Services 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 8. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services 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. Final Plans 10. 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 Manager of Development Review s signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: 2-11

12 One four four original mylar mylar copies white paper prints BACKGROUND: The property is located at 250 Woolwich Street in Bridgeport North and is situated adjacent to the River Ridge Plan of Subdivision. This parcel of land is approximately 3.3 hectares (8.15 acres) in size and contains a residential dwelling with a driveway access to Falconridge Drive. There is also access to the eastern portion of the site via Old Cottage Place with a right-of-way easement for access and water servicing over the Sestan property in favour of residents located along the east side of Old Cottage Place and backing onto the Grand River. This development proposal consists of 10 single detached lots on a cul-de-sac and a residential block of land for 12 multiple dwelling units. Essentially, this plan is an extension of the Activa Holdings River Ridge subdivision located immediately to the north for which the road/servicing network and zoning was established in Stage 1 consists of upgrading and extending the existing Old Cottage Place laneway and constructing 10 lots on a cul-de-sac to be named Old Cottage Close. Stage 2 is contingent upon the construction of Field Sparrow Crescent from Falconridge Drive through Activa s subdivision southwards to the subject lands. An Open Space block of land separates the two areas of development and is to be dedicated to the City of Kitchener. REPORT: Provincial and Regional and City Policy Conformity 2014 Provincial Policy Statement (PPS) The application was submitted under the old 2005 PPS but recently the 2014 PPS has been enacted and this proposal must conform to the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to development and land use planning. The PPS promotes building liveable communities through the efficient development of lands and appropriate mix of land uses, housing types and densities. The PPS also directs planning authorities to identify and promote opportunities for intensification where it can be accommodated by taking into account the existing building stock, area and availability of existing infrastructure and public service facilities. The proposed draft Plan of Subdivision and Zone Change applications represent a modest intensification opportunity to accommodate a mix of housing types. The proposal makes efficient use of the land and existing infrastructure, provides for a range of low rise residential housing types and is in close proximity to parks, open spaces, and a school site. For these reasons, the proposed draft Plan of Subdivision and Zone Change are consistent with the PPS Growth Plan for the Greater Golden Horseshoe The Growth Plan for the Greater Golden Horseshoe (Growth Plan) provides policy direction on growth, infrastructure and resource protection. The Growth Plan directs growth to built-up areas; promotes transit-supportive densities; encourages a mix of uses, including a range and mix of housing types; calls for building compact, vibrant and complete communities; and, optimizes the use of existing infrastructure. 2-12

13 The proposed draft Plan of Subdivision and Zone Change applications represent a low intensity form of development to accommodate a mix of housing types. The proposal makes efficient use of the land and existing infrastructure, provides for a range of low rise residential housing types that meets density requirements, is in close proximity to parks, open spaces and trails, a school site and helps to round out and complete the community. For these reasons, the proposed draft Plan of Subdivision and Zone Change are consistent with the Growth Plan. Regional Official Policies Plan (ROPP) and Regional Official Plan ROP) This proposal conforms to the ROPP and ROP. The subject lands are designated City Urban Area in the Regional Official Policies Plan (ROPP). The ROPP aims to achieve a sustainable regional community. The ROPP provides policy direction on a range of issues, including: land use, servicing, transportation, infrastructure investment, economics, natural and cultural resources. These policies support the development of complete communities with development patterns and densities that support walking, cycling and transit. The subject lands are also designated Urban Area in the Regional Official Plan (ROP) approved in June 2009 but currently under appeal to the Ontario Municipal Board. The ROP provides policy direction on managing growth. The ROP encourages the creation of compact, vibrant and complete communities that are walkable and provide a good mix of employment, housing, shopping and service needs. City of Kitchener Official Plan The subject lands are designated Low Rise Residential and Open Space in the Official Plan (OP). The Low Rise Residential land use designation permits a range of housing types and forms with an overall low intensity of use. The maximum net residential density is 25 units per hectare. The proposed development plans to achieve a minimum of 6 to 9 units per hectare. The general housing policies of the OP encourage the City to identify and promote opportunities for residential intensification and redevelopment as a cost-effective means to reduce infrastructure and servicing costs and to minimize land consumption. The general housing policies also encourage the creation of additional housing in existing developed areas, through conversion, infill, and redevelopment as an appropriate response to changing housing needs and to make better use of existing infrastructure and public service facilities. Furthermore, the general housing policies outline criteria for infill development in existing neighbourhoods requiring new buildings to be compatible, in terms of mass and scale, with the built form and character of the surrounding neighbourhood. The proposed draft Plan of Subdivision and Zone Change applications represent a lower intensity form of intensification designed to be compatible with the surrounding neighbourhood and provides for a mix of housing types. Lot sizes and housing types will be regulated by the proposed zoning, which is compatible with the existing neighbourhood. The proposal makes efficient use of the land and existing infrastructure, provides for a range of low rise residential housing types that meets density requirements and is in proximity to parks, open spaces and trails, and a school site. For these reasons, the proposed draft Plan of Subdivision and Zone Change are consistent with the OP. 2-13

14 City of Kitchener Growth Management Plan (KGMP) The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed effectively and that the City achieves the required density and intensification targets, while accomplishing the desired built form and function which will enhance quality of life. The Growth Management Plan is based on the principle that maximizing the use of existing infrastructure is preferred and that planning for and implementing intensification is also a high priority. This property has been identified in the KGMP has having a Priority A classification, meaning a higher priority has been placed in terms of bringing these lands into Municipal approval from planning approval through to design and construction. The Priority A classification is also a recognition that development helps to complete a planned and serviced community. For these reasons, the proposed draft Plan of Subdivision and Zone Change comply with the KGMS. Proposed Zone Change In order to implement the proposed draft plan of subdivision, a zone change is required which will change the existing Agricultural zoning (A-1) zoning to Residential Six (R-6), Residential Three (R-3), and Open Space (P-2), as outlined in seven zoning areas identified on Map 1 attached to this report as Appendix B. Specifically, Areas 2 and 3 of Map 1 indicate R-6 zoning which allow for the use of multiple residential dwellings on Block 1 of the draft plan. The Special Regulation Provision 1R and Property Detail 4 associated with Area 3 pertain to lands regulated by the Grand River Conservation Authority. Areas 1, 6, 7 and 8 of Map 1 identify R-3 zoning, which allows for the use of single detached dwellings on lot sizes with a minimum lot width of 13.7 metres and a minimum lot area of 411 square metres. The Special Regulation Provision 1R and Property Detail 4 noted in Areas 6 and 7 relate to lands regulated by the Grand River Conservation Authority. Special Regulation Provisions 304 and 307 of Area 1 applies to Lot Addition (Block 2) only. Special Regulation Provision 651R has been included for Lots 4 and 5 to recognize lot widths of 13.5 metres instead of the minimum requirement of 13.7 metres. Areas 4 and 5 of Map 1 are zoned P-2 to reflect Open Space Block 11 of the draft plan. The Special Regulation Provision 1R and Property Detail 4 of Area 5 identify those portions regulated by the Grand River Conservation Authority. Proposed Draft Plan of Subdivision Subdivision Design There are three major components to this proposed plan of subdivision to be developed over two stages, as indicated on the draft plan attached as Appendix A. The three components of the plan include 10 single detached lots on a cul-de-sac; one (1) residential block for multiple dwellings and an open space block of land. It has been designed as an extension to the existing River Ridge plan as it is reliant upon infrastructure from that plan. It has also been designed to be compatible with and complimentary to the surrounding low rise residential nature of the neighbourhood. Stage 1 entails upgrading existing Old Cottage Place laneway southwards through the subject lands and constructing 10 lots on a cul-de-sac to be named Old Cottage Close. The open space block of land will be dedicated to the City. Stage 2 is contingent upon the construction of Field 2-14

15 Sparrow Crescent in the River Ridge subdivision from Falconridge Drive through to the subject lands. The Open Space block of land separating the two areas of development is to be dedicated to the City of Kitchener. Bridgeport Development Cap At the June 26, 2013 Regional Council meeting, Regional Council approved Regional Report: P that recommended removing the remaining Development Cap in the Bridgeport Area of the Cities of Kitchener and Waterloo in its entirely. This issue has been addressed and is no longer a concern to Regional staff. Sidewalk Exemption Council Policy requires sidewalks on both sides of a street in new residential subdivisions. The policy does allow for exemptions where it deemed appropriate. Staff has made a recommendation requesting an exemption be made affecting the entire subdivision for the following reasons: 1. Council has already supported a sidewalk exemption along the east of Old Cottage Place as part of the Stage 5, River Ridge subdivision approval. As a result, it does not make sense to include a sidewalk along the remaining portion of the west side of Old Cottage Place and on Old Cottage Close. 2. There is a sidewalk along the east side of Old Cottage Place which terminates at 18 Old Cottage Place. The majority of residents located on the east side of Old Cottage Place have asked that the sidewalk not be extended beyond the current limits as they wish to retain the cottage-like atmosphere and character that currently exists. Old Cottage Place is a dead-end street and traffic volume is minimal so there should not be a conflict with pedestrians and vehicles. Planning staff agrees that sidewalks would appear out of character and not in keeping with the context of the area. Transportation Services staff also supports the request to exempt sidewalks. Emergency Service Policy Exemption Request Council policy requires one emergency access to serve one cul-de-sac. This proposal requires the use of one emergency access to serve two cul-de-sacs, namely existing Old Cottage Court and proposed Old Cottage Close. The reason for the request is simply there is no other viable way to provide a separate emergency access other than through the existing access which connects to Falconridge Drive down through the open space block. Fire staff has indicated that it would support an exemption request providing the owner agrees to direct detect home monitoring and sprinklers. The owner has agreed to this requirement and a condition has been included accordingly. Cash-in-lieu of Parkland Dedication and Community Trails The City s Park staff has indicated that a trail block connection is required for this plan and it is identified as Block 12 (Stage One) of the draft plan. This trail block will help to link other areas of Bridgeport North with the Walter Bean Trail. The balance of parkland dedication owing is cash-in-lieu and a condition has been included accordingly. 2-15

16 Stormwater Management Storm water from the development will be directed through piped and overland drainage systems to an existing pond which outlets to a tributary of Melizter Creek south of the subject lands. The pond is located within Open Space Block 11 that will be dedicated to the City upon registration of the plan. Storm water quality and quantity will be managed according to the City s, Region s and Grand River Conservation Authority s policies and standards. Sanitary/Water Servicing Water supply will be provided by two connection points to the existing and future water distribution system: Old Cottage Place (east development Stage 1) Future Field Sparrow Crescent from the River Ridge subdivision (west development, Stage 2). Similarly, sanitary outlet connections are available at two points: Via Block 32 in the River Ridge subdivision through servicing Block 14 of the draft plan (east development, Stage 1). Future Field Sparrow Crescent from the River Ridge subdivision (west development, Stage 2). Environmental Considerations An Environmental Impact Study was submitted in support the draft plan. It has been reviewed and accepted by City, Region and Grand River Conservation Authority environmental planning staff. The study recommends the retention of an existing naturalized area (0.96 ha) and pond located in the central portion of the site. This area is identified as Open Space Block 11of the draft plan. Block 11 is to be dedicated to the City upon registration of the plan. A butternut tree has been identified on site. It is considered Species at Risk and must be preserved and managed in situ. To ensure this, Staff has placed a condition of draft approval requesting that a Conservation Easement be placed over Block 1 (Stage 2) to ensure the tree is protected and managed accordingly. Agency Comments City departments and agencies were notified of this proposal and their comments are found in Appendix C attached to this report. Any requirements have been addressed or are included as conditions of draft Plan of Subdivision approval. Community Input A circulation letter dated February 10, 2012 was sent to residents within a 120 metre radius informing of the proposed development applications. In response, staff received approximately seven (7) written responses. Two of the seven responses indicated general support for the proposed density under consideration and one response asked that the density be reduced from 10 to 8 lots. Generally, the types of concerns raised were technical in nature related to drainage, loss of trees and vegetation, traffic, and servicing. 2-16

17 The proponent and his consultant s (GSP Group) initiated a neighbourhood meeting in February 2013 with neighbourhood residents to inform them of the proposal and to discuss their concerns. Approximately 10 residents were in attendance. Details of that meeting are found in Appendix D. City staff held an on-site meeting on October 24, 2013 in response to neighbourhood enquiry and concern. This was arranged by Planning staff with the assistance of a resident who contacted approximately 10 neighbours to attend. GSP Group was present on behalf of the owner. The purpose of the meeting was to afford residents the opportunity to ask any questions of staff and GSP regarding the proposal. A letter of April 30, 2014 was sent to answer questions and address concerns posed at this meeting. A copy of the letter is found in Appendix D of this report. A discussion of how the concerns have been addressed is outlined below: Sidewalks A number of residents requested that sidewalks not be installed. To respond, Council policy requires sidewalks on both sides of a street; however exemptions can be sought through Council. Given the context and setting of Old Cottage Place and that traffic volumes will be minimal along Old Cottage Place, both Transportation Services and Planning staff are recommending that an exemption be considered. Dead End & No Parking Signs A number of residents requested that a Dead End sign be erected and No Parking signs installed to curtail parking contributed to people wanting to access the Walter Bean Trail at this location. Planning staff has directed this matter to the attention of the City s Transportation Services for consideration. This is a matter that can be dealt with outside of the approval process of Mr. Sestan s subdivision. Proposed Street Name A concern was raised about Old Cottage Place being used as the street name for the cul-de-sac in the subdivision. City staff is recommending the name of the cul-de-sac be Old Cottage Close rather than what has been shown to date as Old Cottage Place in accordance with the Street Naming Policy I Snow Removal (Block 15) A question was raised whether or not the City would be responsible for snow removal within the area of the subdivision plan identified as Block 15. To respond, residents are currently responsible for the snow clearing of the private laneway in front of their property. Upon construction of the Old Cottage Place extension and servicing of the laneway within Block 15, the City would be obligated for the snow removal. Special Fence Condition Several residents expressed a concern of having to view board-on-board type fencing along the exterior lot lines of Lots 1 and 10 which would be in direct view of existing residents along Old Cottage Place. To address this concern, staff proposes that a condition be included in the Subdivision Agreement prohibiting the use of board-on-board fencing for Lots 1 and 10 only. Tree Retention along Lot 10 & Block 15 At an on-site meeting a number of residents asked if a number of trees could be saved as they provide a visual buffer. The trees in question are located on Mr. Sestan s property along the western edge of the laneway or along the western edge of Block 15 (Stage One) and Lot

18 (Stage One) of the draft plan of subdivision. Currently the laneway provides access to residents situated on the east side of Old Cottage Place via an easement for right-of-way purposes. Should the draft plan be approved, Mr. Sestan is required to re-locate an existing watermain (located where proposed Lot 10 is) and install a sanitary pipe to the depth of several metres within Block 15. This will allow residents on the east side of Block 15 the opportunity to connect to full municipal services. In support of the subdivision application, Mr. Sestan s environmental consultant has prepared an Environmental Impact Statement report that has been reviewed by the City s Environmental Planner. It identifies most of the trees in question as Potentially Save. This means their outcome won t be known until the developer prepares detailed engineering design drawings for Block 15 whereby impacts on those trees are determined and assessed in more detail. That process would occur after draft plan approval has been granted. It is safe to say however that there will be impacts as the root systems of those trees extend well into the laneway. In order to address the concern at this stage, a request for a Screening Plan has been included as a condition of approval in the event some or most of the trees cannot be saved. Staff is of the opinion this is a reasonable solution to the address the concern. It balances the desire of residents for a screened view of Lot 10 with the need to provide municipal servicing within Block 15. Pre-grading Site Many residents expressed a concern that the site would be pre-graded and left in an unsightly manner until home construction occurs. The City s Subdivision Agreement sets out site standards the developer would have to maintain from pre-grading through to completion of the subdivision. Traffic Concerns along Old Cottage Court A concern was expressed that the development of 10 lots would create traffic issues and it was suggested to extend Old Cottage Place through to Field Sparrow Crescent to create a loop type road system to help split the traffic. Old Cottage Place is a dead end street. There will be no through traffic as development cannot extend beyond the southerly limits of this property due to environmental constraints. As a result, Transportation Services staff has expressed no concerns with traffic that will be generated from 10 additional lots as it is considered minimal. As far as extending Old Cottage Place through to Field Sparrow Crescent, staff could not support this because the road would have to cut through Block 11 (Stage One) - an environmentally sensitive area. Block 11 (Stage One) is to remain as an Open Space block of land where development will be prohibited. Drainage A concern was raised about drainage impacting properties west of the subject lands. Drainage from this development will be directed inwards towards an existing pond located within Block 11 of the draft plan which outlets to a tributary of Melitzer Creek over lands to the south. Preliminary servicing and drainage reports have been reviewed and supported by City Engineering, Region and Grand River Conservation Authority. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed draft Plan of Subdivision and Zone Change applications will allow for the intensification of the property by providing a range of housing types at an overall low intensity of use in close proximity to parks, open spaces and a school. This aligns with the Kitchener Strategic Plan as it ensures the implementation of the community priority - Development. 2-18

19 FINANCIAL IMPLICATIONS: Upon registration, there will be ongoing operational costs for the maintenance of the street, street trees and underground services. In the long term, there will be repair and replacement costs for the street and services. COMMUNITY ENGAGEMENT: The proposed draft plan of subdivision and associated zone change application were circulated to City departments, commenting agencies and property owners within 120 metres of the subject lands in February Notice signs were placed on the subject site advising of the applications. Since it has been more than year since the original circulation was sent, all property owners within 120 metres of the site and those who responded to the original circulation will be given notice of the statutory public meeting via mail. Notice of the statutory public meeting was given in The Record on May 30, 2014 (see Appendix E ). The Inform and Consult themes of Kitchener s Community Engagement Strategy have been applied. CONCLUSION: Based on the foregoing, the draft plan of subdivision and zone change applications are appropriate and represent good planning. The proposed lots and residential block are deemed to be compatible with the adjacent existing community and provide for a variety and range of housing. The issues identified through the preliminary circulation and subsequent meetings have been addressed. The Kitchener Growth Management Plan allows for consideration of development of these lands at this time. The proposed subdivision plan represents proper and orderly development and considers the criteria identified in Section 51(24) of the Planning Act for the subdivision of land. Therefore, staff recommends that the applications be approved subject to conditions outlined in this report. REVIEWED BY: Della Ross, MA, MCIP, RPP (Manager of Development Review) ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Attachments Appendix A Proposed Draft Plan of Subdivision Appendix B Proposed Zoning By-law and Map 1 Appendix C Department/Agency Comments Appendix D Public Comments/Neighbourhood Meeting Appendix E Newspaper Advertisement 2-19

20 2-20

21 2-21

22 2-22

23 2-23

24 2-24

25 2-25

26 2-26

27 2-27

28 2-28

29 2-29

30 2-30

31 2-31

32 2-32

33 2-33

34 2-34

35 2-35

36 2-36

37 2-37

38 2-38

39 2-39

40 2-40

41 2-41

42 2-42

43 2-43

44 2-44

45 2-45

46 2-46

47 2-47

48 2-48

49 2-49

50 2-50

51 2-51

52 2-52

53 2-53

54 2-54

55 2-55

56 2-56

57 2-57

58 2-58

59 2-59

60 2-60

61 2-61

62 2-62

63 2-63

64 2-64

65 2-65

66 2-66

67 2-67

68 2-68

69 2-69

70 2-70

71 2-71

72 2-72

73 2-73

74 2-74

75 2-75

76 2-76

77 2-77

78 2-78

79 2-79

80 2-80

81 2-81

82 2-82

83 2-83

84 2-84

85 2-85

86 2-86

87 2-87

88 2-88