HomeMy WebLinkAboutCSD-17-093 - Draft Plan of Subdivision - Zone Change - 731 Huron RdREPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: December 4, 2017
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Garett Stevenson, Planner, 519-741-2200 ext. 7070
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: November 7, 2017
REPORT NO.: CSD-17-093
SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-17201
ZONE CHANGE APPLICATION ZC17/004/H/GS
731 HURON ROAD
HURON GARDENS INC.
RECOMMENDATIONS:
A.That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O.
1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval
to Plan of Subdivision Application 30T-17201in the City of Kitchener, for Huron
Gardens Inc., subject to the conditions attached to Report CSD-17-093as Appendix
FURTHER,
B.That Zone Change Application ZC17/004/H/GS for Huron Gardens Inc. for the
purpose of changing the zoning from Residential Three Zone(R-3)with Holding
Provision 17HSRtoResidential Six Zone (R-6),andPublic Park Zone (P-1)with
site specific special provisions be approved
By-October 25, 2017attached to Report CDS-17-093
BACKGROUND:
The applications filed by Huron Gardens Inc. are seeking approval of a Draft Plan of Subdivision
and a Zone Change to allow the subject lands to be developed with a residential subdivision
which includes 18 street fronting townhouses, a public park, and a multiple dwelling block with a
maximum of 124 units.
Planning staff recommend approval of the applications subject to the conditions outlined in the
report. The development proposal represents good planning and will allow for the completion of
the east portion of the Huron Village community.
REPORT:
The subject property is owned by Huron Gardens Inc. and is located at 731 Huron Road in the
Huron Village c
vacant. The subject lands are 2.60 hectares in size and are proposed to be developed with up
to 142 residential dwellings, a public street and a public park.
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Policy Conformity
Provincial Policy Statement (PPS)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
cient development patterns that
optimize the use of land, resources, and public investment in infrastructure and public service
facilities. Further, the PPS directs the development of new housing to locations where
appropriate levels of infrastructure and public service facilities are or will be available to support
current and projected needs and promotes densities for new housing which efficiently uses land,
resources, infrastructure and public service facilities.
Planning staff is of the opinion that the proposed applications are consistent with the PPS. The
lands are designated for residential development and the proposed plan of subdivision
establishes an efficient development pattern that will utilize existing servicing in the community.
The proposed park location, adjacent to the existing Rochefort Park, will increase the size of this
community amenity.
2006 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The subject lands are within the Designated Greenfield Area. New development taking place in
designated greenfield areas must be planned, designated, andzoned in a manner that supports
the achievement of complete communities,supports active transportation, and encourages the
integration and sustained viability of transit services.
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Planning staff are of the opinion that the proposed applications conform to the Growth Plan. The
lands have been designated to permit residential and associated uses, including community
scaled parks. The applications propose a variety of multiple dwelling types including street-
fronting townhouses and stacked townhouse dwellings. The extension of Rochefort Street will
complete the intended road network for this portion of the Huron Village community. The east
side of Rochefort Street will feature limited access driveways, resulting in a pedestrian-oriented
sidewalk connection for the community to Rochefort Park andthe existing transit stops along
Huron Road.
Regional Official Plan
The subject lands are within the Urban Designated Greenfield Area established in the Regional
Official Plan. The ROP requires that the Designated Greenfield Area (all lands outside of the
built boundary that are inside of the Countryside Line) achieve an overall density of 55 residents
andjobs per hectare. The ROP policies require new communities to have sidewalks,
community trails and bicycle pathways that provide linkages within the neighbourhood and to
other neighbourhoods, transit stops, employment areas, school sites, food destinations, and
community facilities.
Regional Planning have provided comment of the proposed applications, including subdivision
approval conditions, but overall have no objections to the proposed applications.
The proposed density of the lands is 107.3 residents and jobs per hectare. The proposed draft
plan of subdivision completes the easterly portion of the Huron Village community and includes
the extension of Rochefort Street to Maitland Street and increasing the size of Rochefort Park.
Rochefort Street will serve as an important pedestrian connection to transit stops along Huron
Road for the
approval conditions, will ensure that the lands are appropriately developed to City and Regional
standards.
Kitchener Growth Management Plan (KGMP)
The subject lands (Parcel 124 on KGMP Map) are identified as A
consideration of applications for development of these lands.ent
applications are given highest priority as they complete the community and require no additional
major infrastructure.
Official Plan
Housing objectives include planning for for an appropriate range, variety and mix of housing
types and styles, densities, tenure and affordability to satisfy the varying housing needs of our
community through all stages of life. The list of permitted uses contained in the 2014 Official
Plan is under appeal, however this policy has a direct co-relation to similar policies of the 1994
Official Plan which are therefore considered to be in effect. Low Rise Residential Designation
accommodates a full range of housing types at an overall low intensity of use and the City
favours a land use pattern which mixes and disperses a full range of housing types and styles
both across the city as a whole and within neighbourhoods. The City encourages and supports
the mixing and integrating of innovative and different forms of housing to achieve and maintain a
low-rise built form.
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The proposed subdivision and zoning conform to the Low Rise Residential designation and to
other policies of the Official Plan. Housing planning
objectives by providing a variety of residential building types for a variety of people.
Huron Community Plan
The lands are shown as Low Density Residential in the Huron Community Plan. The proposed
subdivision complies with the policies of the plan, and will help to achieve policies supporting a
mix and integration of different forms of housing and expanding Rochefort Park.The overall
vision outlined in the Huron Community Plan has been implemented through subdivision design
and draft approval conditions, land use designations, and zoning regulations.
Proposed Zone Change
The subject lands are zoned Residential Three Zone (R-3) with Holding Provision 17HSR. The
R-3 zone current permits single detached and duplex dwellings and 17HSR prohibits the
issuance of any building permits until such time that there are adequate roads and services
available to the lands. With the development of the adjacent lands within the Huron Village
community, adequate roads and services are now available and it is appropriate to remove
17HSR from the zoning of the lands. As a condition of draft approval, the developer will be
required to service the lands and all future residential dwellings.
Planning staff are recommending the following zoning for the subject lands as follows:
Area 1: Public Park Zone (P-1) to permit the expansion of the City-owned Rochefort
Park.
Area 2: Residential Six (R-6) with Special Provision 704R to permit a maximum building
height of 13.6 metres for multiple dwellings within Block 19 along Huron Road.
Area 3: Residential Six (R-6) to permit multiple dwellings within Block 19 and street
fronting townhouses along Rochefort Street.
Staff have considered the proposed zoning categories and are of the opinion that they are
appropriate for the proposed subdivision.The proposed P-1 zone is consistent with the existing
zoning of Rochefort Park. These lands (Block 20) will be dedicated to the City and developed
as park by the Developer in accordance with the draft approval conditions attached.
The proposed R-6zone permits street-fronting townhouses (Lots 1-18) and multiple dwellings
(Block 19) with a maximum height of 10.5 metres.The R-6 zone also allows single detached
dwellings, semi-detached dwellings, duplexes, home businesses, private home daycare, small
residential care facilities and low-rise multiple dwellings.The proposed R-6 zoning is the same
zoning as the adjacent street fronting townhouses on Maitland Avenue and Machado Street.
The zoning of the properties on the opposite side of Huron Road varies; the property opposite
the proposed park is developed with a single detached dwelling is zoned as R-3 17HSR, and
opposite the majority of Block 19 is a recently approved undeveloped multiple block that is
zoned as R-6.
Special Regulation Provision 704R allows for increased height only for multiple dwellings within
Block 19 closest to Huron Road. Many of the main floor units within Block 19 will be VisitAble
units, meaning the units will be constructed on grade without a stepped entry, feature larger
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doorways and passage ways, and larger accessible main floor bathrooms. These units will
provide an inclusive and barrier-free housing option in the community. Due to the nature of the
on-grade construction (no basements) with no stepped entry, the height of the stacked products
are a full thee storeys above grade. The buildings along Huron Road will be four storeys in
height, with a pitched roof, resulting in a need for Special Regulation Provision 704R, to permit a
total height of 13.6 metres.
Subdivision Design
The Subdivision will provide for the extension of Rochefort Street from its current terminus to
Maitland Street which has been contemplated with the overall Huron Village community design.
The west side of Rochefort Street is planned for 18 street fronting townhouses, lands adjacent
to Rochefort Park are to be dedicated to the City for the expansion of the park, and the
remaining lands will feature a multiple dwelling development that will be developed under site
plan control.Planning staff recommend the attached draft plan be approved which proposes a
maximum of 142 residential units, a 0.14 hectare park, and an overall density of 107.3 residents
and jobs per hectare.
The proposed subdivision achieves many of
Brief for Suburban Development. While this is a small subdivision, many of the primary design
objectives are achieved.These lands are the final phase of development for this area of the
Huron Village community. Connecting Rochefort Street from its current terminus to Maitland
Avenue will add a more direct pedestrian connection to the transit stops along Huron Road.
The sidewalk on the east side of the street, adjacent to the multiple block, will have limited
driveway crossings and will be a safe pedestrian connection to Rochefort Park for residents.
This plan provides for a variety of unit types, including street fronting townhouses, condominium
units, and VisitAble barrier-free residential units. The variety of unit types will offer more options
and will help to accommodate a greater range of housing needs. The proposed density of the
plan exceeds mandatory density targets and is a compatible and efficient use of the land. The
multiple block will feature buildings that are oriented towards the street with parking in the center
of the site, making an attractive streetscape with ample room for street trees and on-street
visitor parking on the east side of Rochefort Street.
Environment
The lands are not regulated by the Grand River Conservation Authority andCity Environmental
Planning staff have no concerns with the proposed applications.
Stormwater Management
The stormwater management plan for the subject lands involves directing storm water towards
existing facilities that were built in previous phases of development that have been sized to
accommodate these lands. Engineering Services is satisfied with the proposed draft plan and
conditions of draft approval have been included to address matters such as groundwater
infiltration and maintenance/monitoring of stormwater management facilities.
Sanitary/Water Servicing
All lots will be serviced with municipal sanitary sewers and municipal water servicing in
accordance with City standards. Engineering Services staff have confirmed that there is
sufficient servicing capacity. Conditions of approval have been included to ensure that services
are constructed at the appropriate timeframes.
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Utility Servicing and Telecommunications
Comments from the appropriate utility and telecommunications companies are addressed
through the draft approval conditions.
Noise
Huron Road is considered a source of traffic noise, and noise mitigation will be required. The
Regional draft approval conditions require the developer to enter into an agreement to
implement the requirements of the noise study that was completed in support of the
applications. Noise mitigation measures include noise warning clauses for future owners and
tenants, as well as fitting some units with appropriate HVAC equipment to allow for the future
easy installation of air conditioning.
Department and Agency Comments
All requirements have been addressed or are included as conditions of approval.
Community Input
Staff received comments from 8 households and held a focused Neighbourhood Information
Meeting on August 10, 2017 with four residents in attendance. A summary of the comments
received to how the comment was
addressed.
Multiple Block
Planning staff received comments and questions about the future multiple dwellings for Block
19. Respondents were concerned about the height of the future buildings and expressed
concern about privacy and overlook into their yards.There were also questions about the
existing and proposed grades and what the overall height of the proposed buildings would be.
Following the Neighbourhood Information Meeting, Planning Staff requested additional
information from the Developer on the proposed grading for the multiple block. While the
ultimate design will be subject to site plan control, Planning Staff wanted to understand the
relationship of the proposed buildings on Block 19 with the existing street-fronting townhouses
on Maitland Street.
The cross section shown on the next page illustrates the built form and proposed grading for the
multiple block in relation to the existing street-fronting townhouses on Maitland Street. The
grading on the multiple block is proposed to feature a storm water swale and catch basin along
the shared property line. The existing mound on the multiple block will be removed and the
grade will be lowered by 1.5 storeys. While there may be some overlook from the third storey of
each building into each adjacent rear yard, the overall scale and height of the buildings are
relatively equal. The overlook from the third story balconies into the rear yard of the Maitland
Street rear yards will be further mitigated with landscaping, trees, and a privacy fence.
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Cross Section Sketch Maitland Rear Yard and Multiple Block
Street-fronting townhouses and stacked multiple dwellings are found throughout the Huron
Village community. There are many instances where buildings with height differentials of 1
storey are positioned across the street, or backing onto, each other.The zoning by-law limits
the building height in the R-6 zone to 10.5 metres, or 3 stories, which is the same as adjacent
residential uses. The area of the multiple block closest to Huron Road is proposed to be
development with 13.6 metres, 4 storey, stacked townhouses that feature VisitAble barrier-free
units on the main floor. The tallest blocks are located away from other existing residential units
and are similar to other recently developed residential buildings on the west side of the Huron
Village community.
The ultimate design and configuration of the multiple dwelling block will be required to be in
lighting, parking and accessibility. The previously discussed subdivision requirements and
zoning by-law regulations, together with the design requirements of the Urban Design Manual
implemented through Site Plan approval, are effective at ensuring good quality elevations and a
built form that is compatible with surrounding land uses.
The proposed plan of subdivision has indicated a maximum of 124 units for any form of multiple
Parking
Planning staff also heard concerns about the current supply and demand of on-street parking
spaces in the community. The road design has been designed to accommodate increased on-
street parking and the multiple block site will be designed to accommodate sufficient off-street
visitor parking. As previously mentioned, the multiple block site will be designed with only two
driveway accesses from Rochefort Street, resulting in a significant uninterrupted street edge on
the east side of Rochefort Street for on-street parking. The multiple block will have to house the
required off-
By-law. The street fronting townhouses houses will each feature a garage parking space and a
driveway that can accommodate one additional vehicle.
Traffic and RoadDesign
Respondents were concerned about the current traffic in the community as well as an additional
traffic that this development may create. Staff were also made aware of some visibility
concerns and some steep sections of Maitland Avenue that are problematic in winter.
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Transportation Services staff have no concerns with the proposed application and are satisfied
that the amount of traffic generated by the proposed subdivision can be appropriately handled
by the proposed street. The extension of Rochefort Street and the development of these lands
was contemplated as part of the Huron Community Plan. Sidewalks will be provided on both
sides of Rochefort Street which will connect to the multi-use pathway on Huron Road through
potential traffic calming mitigation measures; however those improvements are not yet
warranted based on established thresholds.
School Accommodations
One respondent expressed concerns that Jean Steckle Public School cannot accommodate any
additional students. The Waterloo Region District School Board and the Waterloo Catholic
District School Board have reviewed the applications and has no concerns.The location of
elementary school sites were determined as part of the Huron Community Plan, however not all
schools have been constructed to date, but all students are accommodated.
Property Value
One property owner questioned whether the proposed development would have an impact on
property values. The proposed subdivision is a low rise residential subdivision consistent with
other subdivisions in this vicinity. It is difficult for planning staff to comment accurately on the
impact that a proposed development may have on the value of nearby homes. Staff understand
that MPAC assesses homes based on as many as 200 different factors ranging from the size of
the house/lot, and their location, to the number of bathrooms and quality of the construction.
Market values depend on a host of different factors including the state of the economy and the
an important consideration for some individual residents, it is not a land use planning matter.
Planning staff focus on whether the development is good planning with respect to the
community as a whole.
Density
Planning staff received a couple of comments about the proposed density of the plan area from
residents that expressed a preference for single detached dwellings at this location. Planning
staff support the proposed density and find the proposed street fronting townhouses and
stacked townhouses in the multiple block to be compatible with the surrounding community.
The subdivision design accommodates similar residential uses that are found throughout the
community. The multiple dwelling block will provide a variety of housing options for the
community and will help to achieve prescribed density targets.
Parks and Parkland
Many respondents were in favour of additional parkland and open spaces. In this case,
Operations staff are requiring the maximum parkland dedication to be provided in the form of
land, for the expansion of Rochefort Park. Draft approval conditions are included for the design
and construction of the park. The City is also progressing with the City South District Park.
The South District Park will help fulfil the identified need for a large community facility in the
southwest part of the City.
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Planning Analysis:
Planning staff are recommending approval of the attached draft plan of subdivision, draft
approval conditions, and amending zoning by-law. The proposed development completes this
section of the Huron Village community and provides a pedestrian and vehicle connection
through the community with the extension of Rochefort Street. The land dedication for parkland
willincrease the size of Rochefort Park. The proposed residential uses are compatible with the
existing community and will provide an additional residential housing option for residents.
Planning staff have worked to address community concerns and all departmental and agency
comments have been addressed or will be addressed through draft approval conditions.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
through the delivery of core service.
FINANCIAL IMPLICATIONS:
Upon registration, there will be ongoing operations costs for the maintenance of the park,
walkways, streets, street trees, underground services, and other infrastructure which is being
dedicated to the City. In the long term, there will be repair and replacement costs for streets,
sidewalks and services.Also following registration, there will ongoing revenue in the form of
residential property tax revenue.Development Charges will be paid to the City, the Region, and
school boards at the time of building permit issuance.
COMMUNITY ENGAGEMENT:
INFORM - The proposed draft plan of subdivision was circulated to property owners within 120
metres of the subject lands and notice signs erected in April 2017. In response to this circulation
staff received responses from 8 households. Copies of all comments are included in Appendix
Property Owner Comments.
agenda in advance of the council / committee meeting. Subdivision signs are posted on the
property.
CONSULT A focused Neighbourhood Information Meeting was held in August 2017 which
was attended by 4 residents. A courtesy notice advising of the Statutory Public Meeting will be
circulated to all those residents who participated in the process, and notice of the public meeting
will appear in The Record on November 10, 2017.
Staff invited all respondents to a Neighbourhood Information Meeting in August 2017, which
was attended by 4 residents. Responses to comments received are included in this report.
CONCLUSION:
Based on the foregoing, the Draft Plan of Subdivision and Zone Change applications are
appropriate and represent good planning. The issues identified through the preliminary
circulation have been included as conditions of approval, as necessary. The lands are identified
in the Kitchener Growth Management Plan for consideration of draft approval, the plan
represents proper and orderly development of the City and considers the criteria identified in
Section 51(24) of the Planning Act for the subdivision of land. The development of these lands
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will complete the east end of the Huron Village community. Planning staff recommend that the
applications be approved subject to conditions outlined in this report.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
Appendices:
Draft Plan and Conditions of Draft Approval
Zoning By-law and Map 1
Newspaper Notice
Department/Agency Comments
Property Owner Comments
Preliminary Site Plan (Multiple Block) For Conceptual Illustration Only
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CSD-17-093
1. That this approval applies to Plan of Subdivision 30T-17201 for Huron Gardens Inc. as
shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October
25, 2017,which shows the following:
Lots 1-18 Street Townhouse 18 units
Block 19 Multiple Residential 124 units maximum
Block 20 Park
Blocks 21, 22 0.3m Reserves
Total Units: 142 units
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 Plan of
Subdivision dated October 25, 2017. Standard conditions2.6, 3.2, 3.9, 3.10,3.17, 4.8,
4.12, 4.13, 4.15, 4.16, 4.17, 6.6, 6.8, 6.9, 6.11, & 6.12 shall be deleted from the City
Standard Residential Subdivision Agreement. The following special conditions shall be
added to the City Standard Residential Subdivision Agreement:
Part 2 Prior to Grading
2.16 Prior to commencing any grading, the SUBDIVIDER shall sign a CITY Standard Residential
Subdivision Agreement and the agreement shall be registered against title of the
subdivision lands.
2.17 The SUBDIVIDER agrees to submit construction details for the proposed retaining walls to
2.18 The SUBDIVIDER shall provide confirmation that any existing private wells and septic
systems within the lands proposed to be graded that are required to be decommissioned
have been in accordance with the Ministry of the Environment and Climate Change
Engineering Services.
Part 3 Prior to Servicing
3.18 Prior to Servicing or Registration which ever shall occur first, the SUBDIVIDER shall
prepare a detailed engineering design for Storm Water Management including any
requisite monitoring and obtain approva
Services in consultation with the Director of Planning, the Grand River Conservation
Authority and the Regional Municipality of Waterloo. The Stormwater Management
design shall be in accordance with the Huron Village Subdivision, South Basin Final
SWM Report Prepared by Stantec (April 2006).
The approved engineering design for Storm Water Management will include a
maintenance program for a period of 2 years post full build out of the subdivision, which
will ensure stormwater management facilities function as designed to the satisfaction of
the
to the municipality assuming the facilities, shall be at the sole expense of the
SUBDIVIDER.
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CSD-17-093
3.19 Prior to Servicing the SUBDIVIDER agrees to undertake a 2 year monitoring program of
groundwater elevations to demonstrate the difference in elevation between the
seasonally high groundwater table and the underside of footings to the satisfaction of the
3.20 Prior to Servicing the SUBDIVIDER agrees to provide a maintenance security that will
standards as this site will outlet into an existing pond. The amount will be 100% of the
lean out the pond a total of two (2) times, proportionately
reduced by a percentage which equals the contributing volume of the subject lands
compared to the total
Director of Engineering Services.
Also, the SUBDIVIDER will be required to add the estimated cost to flush the storm
sewers up to the SWM pond one (1) time. This estimated cost will be based on the
, to the satisfaction of the
Director of Engineering Services.
3.21 Prior to Servicing, the SUBDIVIDER shall provide a letter of credit based on 60% of the
estimated cost of the approved infiltration facilities, and 100% of the estimated cost of
any contingency infiltration facilit
Engineering Services.
The Letter of Credit will be released two years after 95% of the catchment area is
stabilized (meaning buildings are constructed and lot/blocks are sodded/vegetated) and
the SUBDIVID
Engineering Services.
3.22 Prior to Servicing or Registration, whichever comes first, the SUBDIVIDER must deed to
the CITY servicing easements that have a minimum 5.0m width, or twice the depth of the
service, for rearyard catchbasins and leads.
The minimum width of the required Service Corridor easement is to be dimensioned to
enable the full excavation of the proposed storm connection via conventional 1:1 sloped
sides of the excavation and without the requirement for trench boxing or other special
means, to the satisfaction of the Director of Engineering. Detailed grading design of the
Service Corridor easement will conform to Development Manual requirements for City
maintenance vehicle access.
3.23 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall
confirm that the servicing drawings are coordinated with the On-Street Parking Plan,
Streetscape Plan and Master Tree Planting Plan required by this agreement to the
of Planning, Director of Transportation Services and Director of Operations.
Part 4 Prior to Application Being Made for Any Building Permit
4.18 The SUBDIVIDER agrees to undertake any measures required to ensure proper water
pressure to all lots and blocks within the proposed plan of subdivision to the satisfaction of
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CSD-17-093
4.19 The SUBDIVIDIER agrees that all dwellings shall be designed in accordance with garage
and driveway widths shown on the approved On-Street Parking Plan to the satisfaction of
Director of Planning and
Director of Transportation Services.
Part 6 Other Time Frames
6.15 Prior to occupancy, the SUBDIVIDER agrees to construct at source infiltration galleries,
and convey any required easements,
Engineering Services. Installation of infiltration galleries shall be supervised and
certified by a qualified Geotechnical and or Engineering Consultant, at the
Services.
6.16 The SUBDIVIDER agrees to include the following clause in the registered subdivision
agreement:
Purchasers/tenants are advised that a retaining wall is located on the subject property.
The owner of this property also owns his/her section of the retaining wall. The retaining
wall is not in public ownership. Monitoring, maintenance, inspection, repair and
replacement of this retaining wall, including any associated costs, are the sole
responsibility of the property owner. The City of Kitchener is in no way responsible for
to repair or replace his/her section of the retaining wall, at his/her cost.This condition
shall apply to any original owner(s), as well as any subsequent owner(s).
6.17 The SUBDIVIDER agrees to include the following clause in applicable offers of purchase
and sale and tenancy agreements, which shall be registered on the title of the lands
immediately upon registration for all lots with rear yard continuous linear infiltration
galleries:
property. The owner of this property also owns his/her section of the infiltration gallery.
The infiltration gallery is not in public ownership. Monitoring, maintenance, inspection,
repair and replacement of this infiltration gallery, including any associated costs, are the
sole responsibility of the property owner. The City of Kitchener is in no way responsible
6.18 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision
shall be restricted to using Huron Road, as appropriate. The SUBDIVIDER agrees to
advise all relevant contractors, builders and other persons of this requirement with the
SUBDIVIDER being responsible for any required signage, all to the satisfaction of the
6.19 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine the
locations of all centralized mail receiving facilities to the satisfaction of Canada Post, in
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CSD-17-093
provide temporary suitable centralized mailbox locations that may be utilized by Canada
Post until curbs, boulevards and sidewalks are constructed for the plan of subdivision.
The SUBDIVIDER agrees to provide the City of Kitchener with evidence that satisfactory
arrangements, financial and otherwise, have been made with Canada Post Corporation for
the installation of Community Mail Boxed (CMB) as required by Canada Post Corporation,
at the time of sidewalk and/or curb installation.
6.20 That the SUBDIVIDER or subsequent Owner agrees to include the following clauses in
all Agreement of Purchase and Sale with home buyers, and/or Rental Agreements,
which advise:
a) that the home/business mail delivery will be from a designated Community Mail
Box;
b) that identifies the exact Community Mail Box locations.
The SUBDIVIDER further agrees that the location of all Community Mail Box facilities
willbe shown on maps, information boards and plans, including maps displayed in the
sales office.
6.21 The SUBDIVIDER agrees to include a clause in allAgreements of Purchase and Sale
with home buyers, and/or Rental Agreements,that providesthe contact information for
the four (4) School Boards in the Region to ensure that purchasers have contacts at the
respective Boards for school boundary and other related school accommodation
inquiries.
6.22 The SUBDIVIDER agrees that during the construction and installation of the Rochefort
Street, and/or area grading, and/or servicing, that any existing peat and marl layers be
sub-excavated and replaced with native or imported pit run sand and gravel or granular
2.2 That prior to the final approval of the plan to be registered, the SUBDIVIDER shall
fulfill the following:
1. That the City Standard Residential Subdivision be registered on title.
2.
Director of Planning and to obtain approval thereof.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on
any part of the land and to pay all outstanding taxes on the land.
4. The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under the direction of th
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.
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CSD-17-093
5. The SUBDIVIDER shall make satisfactory arrangements with KITCHENER-WILMOT
HYDRO for the provisions 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 provisions of temporary
services and the removal of such services when permanent installations are
possible.
6. The SUBDIVIDER shall make satisfactory arrangements for the provisions of
permanent telecommunications 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:
a)to provide copies of the subdivision plan proposed for registration and
reference plan(s) showing the easements to the Kitchener-Wilmot Hydro,
Planning.
b) to ensure that there are no conflicts between the desired locations for
utility easements and those easement locations required by the CITY'S
Director of Engineering Services for municipal services;
c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/ Enhancement
Plan;
d) if utility easement locations are proposed within lands to be conveyed to,
or presently owned by the CITY, the SUBDIVIDER shall obtain prior
written approval from the CITY'S Director of Pla
Director of Engineering Services, or, in the case of parkland, the CITY'S
Director of Operations; and
e) to provide to the CITY'S Director of Planning, a clearance letter from
Kitchener-Wilmot Hydro, and telecommunication companies. Such letters
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 appropriate authority, by the registration of the Plan of Subdivision.
9. The SUBDIVIDER agrees to convey, at no cost and free of encumbrance, the
following lands for the purposes set out below:
To the CITY:
a) Block 20 for park;
b) Blocks 21, 22 for 0.3 metre reserves.
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CSD-17-093
10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major
Director of Planning. The SUBDIVIDER acknowledges that a Sign Permit is required
for the subdivision billboard sign and that the sign shall be erected and designed in
accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the
applicable zone and outside the corner visibility triangle, with the specific,
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, trail links and
walkways, potential or planned transit routes and bus stop locations,
centralized mail facility locations, notification regarding contacts for school
sites and which advises prospective residents that students may be
directed to schools outside the neighbourhood, noise attenuation
measures, environmentally sensitive areas, tree protection areas, special
buffer/landscaping areas, water courses, flood plain areas, railway lines
and hazard areas and shall also make general reference to land uses on
adjacent lands including references to any formal development
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;
e) The SUBDIVIDER shall ensure that the information is current as of the
date the sign is erected. Notice shall be posted on the subdivision
billboard signs advising that information may not be current and, to obtain
Services Department Planning Division or the appropriate School Board
for school accommodation information; and
f) The sign shall also advise prospective residents that students from the
subdivision may be directed to schools outside the neighbourhood.
11. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, which dedication is 0.14 hectares, by the conveyance of Block 20 to the
CITY, at no cost and free of encumbrance, which will satisfy the entire parkland
dedication.
12. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan.
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CSD-17-093
13. (3.18) Prior to Servicing or Registration which ever shall occur first, the SUBDIVIDER
shall prepare a detailed engineering design for Storm Water Management including any
ring
Services in consultation with the Director of Planning, the Grand River Conservation
Authority and the Regional Municipality of Waterloo. The Stormwater Management
design shall be in accordance with the Huron Village Subdivision, South Basin Final
SWM Report Prepared by Stantec (April 2006).
The approved engineering design for Storm Water Management will include a
maintenance program for a period of 2 years post full build out of the subdivision, which
will ensure stormwater management facilities function as designed to the satisfaction of
to the municipality assuming the facilities, shall be at the sole expense of the
SUBDIVIDER.
14. (3.22) Prior to Servicing or Registration, whichever comes first, the SUBDIVIDER must
deed to the CITY servicing easements that have a minimum 5.0m width for rearyard
catchbasins and leads.
The minimum width of the required Service Corridor easement is to be dimensioned to
enable the full excavation of the proposed storm connection via conventional 1:1 sloped
sides of the excavation and without the requirement for trench boxing or other special
means, to the satisfaction of the Director of Engineering. Detailed grading design of the
Service Corridor easement will conform to Development Manual requirements for City
maintenance vehicle access.
15. (3.23) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall confirm that the servicing drawings are coordinated with the On-Street Parking
Plan, Streetscape Plan and Master Tree Planting Plan required by this agreement to the
of Planning, Director of Transportation Services and Director of Operations.
16.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.
3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS:
1. That this approval applies to Plan of Subdivision 30T-17201 for Huron Creek
Developments, in the City of Kitchener, CAD File No. dp16207a.DWG by City of
Kitchener Community Services Department, Planning dated January 31, 2017.
2. That the SUBDIVIDER agrees to stage the development for this subdivision in a manner
satisfactory to the Regional Commissioner ofPlanning, Development and Legislative
Services;
3. That the plan submitted for final approval shall incorporate a lot pattern for all blocks to
be lotted at a density not exceeding the unit density identified in the land use schedule
on the draft approved plan of subdivision in Condition 3.1.
5 - 17
CSD-17-093
4. 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, Development and Legislative Services prior to final approval
of the subdivision plan.
5. a. That the SUBDIVIDER 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
SUBDIVIDER 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 SUBDIVIDER 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. Thefulfillment
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
6. That prior to final site plan approval of multiple residential Block 19, the SUBDIVIDER
shall submit a Salt Management Plan for approval by the Regional Municipality of
Waterloo, and implementation secured through appropriate agreements with the Region
and/or condominium declarations.
7. That prior to final approval of all or any part of this plan of subdivision, a detailed
stormwater management plan be submitted for the entire plan of subdivision to the
satisfaction of the Regional Municipality of Waterloo.
8. That prior to final approval, any existing private wells, monitoring wells (not used for long
term monitoring purposes) and septic systems be decommissioned in accordance with
applicable laws and regulations to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
Furthermore, that the SUBDIVIDER enter into an agreement with the City of Kitchener to
provide for decommissioning any long term monitoring wells no longer used for such
purpose, in accordance applicable laws and regulations.
9.a. That prior to final approval of all or any part of this plan of subdivision, the
SUBDIVIDER shall enter into an agreement with the City of Kitchener to
5 - 18
CSD-17-093
ed June 02, 2017 as
prepared by Development Engineering.
b. That the SUBDIVIDER enter into an agreement with the Regional Municipality of
Waterloo and the City of Kitchener units 1-76 (inclusive) as identified on the site
plan drawing for Huron Creek Developments, in the City of Kitchener, CAD File
No. sp16207a.DWG by City of Kitchener Community Services Department,
Planning dated May 1, 2017, stating that such units:
i. Will be installed with forced air-ducted heating system suitably sized and
designed with provision of adding central air conditioning; and,
ii. Will include the following noise warning clause which will be required to
be included on all offers of purchase, deeds and rental agreements for
the building:
advised sound levels due to increasing
traffic on Huron Road may occasionally interfere with some activities of
the dwelling occupants as the sound levels exceed the sound level limits
of the Region of Waterloo and the Ministry of the Environment and
Climate Change. Moreover, this dwelling has been designed with the
Installation of central air conditioning by the occupant in low and medium
density developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Region of Waterloo and the Ministry of the
c. That the SUBDIVIDER enter into an agreement with the Regional Municipality of
Waterloo and the City of Kitchener units 77-124 (inclusive) as identified on the
site plan drawing for Huron Creek Developments, in the City of Kitchener, CAD
File No. sp16207a.DWG by City of Kitchener Community Services Department,
Planning dated May 1, 2017, stating that such units:
i. Will include the following noise warning clause which will be required to
be included on all offers of purchase, deeds and rental agreements for
the building:
traffic on Huron Road may occasionally interfere with some activities of
the dwelling occupants as the sound levels exceed the sound level limits
of the Region of Waterloo and the Ministry of the Environment and
d. Notwithstanding Conditions 9a., 9b., and 9C., the Regional Commissioner of
Planning, Development and Legislative Services may require an updated noise
study, and any new recommendation from such updated noise study must be
implemented prior to final site plan approval of Block 19, to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative
Services. Further, where changes to the development concept of Block 19 result
5 - 19
CSD-17-093
in unit numbering changes as noted above, an amending agreement may be
required to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services. I am fine with this also.
10. That prior to any grading, construction or other site disturbance, and final approval of all
or any part of the draft plan of subdivision, the Ministry of Tourism, Culture and Sport
issue a clearance for the following archaeological assessment reports, to the satisfaction
of the Regional Commissioner of Planning, Development and Legislative Services:
i. Stage 1 & 2 Archaeological Assessment Heathshore Homes Limited, 731
oo, City ofKitchener, Regional
11-1154-0027-R01), dated June 2011; and,
ii. Stage 3 Archaeological Assessment Heathshore Homes Ltd., Location 1
(AIGw-
Associates (Report no. 11-1154-0027-3000-R01), dated June 2011.
4.0 CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by the Regional Commissioner of Planning, Development
andLegislative Services that Conditions 3.1 to 3.10 have been carried out to the
satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
Region shall include a brief statement detailing how each condition has been
satisfied.
2.That p
shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 and 2.2.7 have been
carried out satisfactorily. The clearance letter shall include a brief statement detailing
how each condition has been satisfied.
3.
shall be advised by the telecommunication companies (Bell, Rogers) that Conditions
2.2.6 and 2.2.7 have been carriedout satisfactorily. The clearance letter shall include a
brief statement detailing how each condition has been satisfied.
5.0 NOTES
1. The owner/developer is advised that the provisions of the Regional Development
Charge By-law 14-046 are applicable.
2. The final plans for Registration must be in conformity with Ontario Regulation 43/96,
as amended, under The Registry Act.
3. It is the responsibility of the Owner of this plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Planning Departments of any changes in
ownership, agent, address, phone and fax numbers.
5 - 20
CSD-17-093
4. The owner/developer is advised that the Regional Municipality of Waterloo has
adopted By-Law 17-001, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c.
P.13, as amended, to prescribe a tariff of fees for application, recirculation, draft
approval, modification to draft approval and registration release of plans of
subdivision.
5.The owner/developer is advised that pursuant to Regional By-Law 17-001, the
current fee for review of a road traffic noise study is $250.00, payable to the Regional
Municipality of Waterloo upon submission of the study for review.
6.This draft plan was received on or after January 1, 2007 and shall be processed and
finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by
S.O. 2006, c. 23 (Bill 51).
7. The Owner 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,
Development and Legislative Services 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 and 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
8. To ensure that a Regional Release is issued by the Regional Commissioner of
Planning, Development and Legislative Servicesto 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 thefile, 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.
9. 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 the 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 registra
purposes:
5 - 21
CSD-17-093
One (1) original mylar
Three (3) mylar copies
Four (4) white paper prints
One (1) AutoCAD (.dwg) file
5 - 22
5 - 23
Appendix "B"
CSD-17-093
PROPOSED BY LAW
October 25, 2017
BY-LAW NUMBER ___
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known
as the Zoning By-law for the City of Kitchener
Huron Gardens Inc. 731 Huron Road)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 153o-law Number 85-1is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) with
Holding Provision 17HSR toPublic Park Zone (P-1).
2. Schedule Number -law Number 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) with
Holding Provision 17HSR to Residential Six Zone (R-6) with Special Regulation Provision
704R.
3. Schedule Number 153-law Number 85-1is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) with
Holding Provision 17HSR to Residential Six Zone (R-6).
4.-law Number 85-1 is hereby further amended
by incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
5 - 24
Appendix "B"
CSD-17-093
5.-law 85-1 is hereby amended by adding Section 704Rthereto as follows:
704. Notwithstanding Section 40.2.6,the maximum height of a multiple dwelling shall
PASSED at the Council Chambers in the City of Kitchener this
day of ,2017.
_____________________________
Mayor
_____________________________
Clerk
5 - 25
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CSD-17-093
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED PLAN OF SUBDIVISION AND AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTIONS 34 AND 51 OF THE PLANNING ACT
731 Huron Road
The City of Kitchener has received applications for Draft Plan of Subdivision and a Zone Change to permit the lands to be
developed with a low rise residential subdivision which includes 18street-fronting townhouses, a multiple block with 124
units, and a park. The lands are proposed to be rezoned to Residential Six (R-6) with special regulation provisions and
Public Park (P-1) Zone.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, DECEMBER 4, 2017 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2 FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in
opposition to, the above noted proposals. If a person or public body does not make oral submissions at this public
meeting or make a written submission prior to approval/refusal of these proposals, the person or public body is
not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the
hearing of an appeal unless there are reasonable grounds in the opinion of the Board.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report which will be
available approximately 10 days before the meeting (https://calendar.kitchener.ca/council - click on the meeting date in the
th
calendar, scroll down & select meeting), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West,
Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Garett Stevenson, Planner - 519-741-2200 ext. 7070 (TTY: 1-866-969-9994), garett.stevenson@kitchener.ca
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Appendix "F"
CSD-17-093
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