HomeMy WebLinkAboutPSI Agenda - 2018-06-18Planning & Strategic Initiatives Committee
Agenda
Monday, June 18, 2018
6:00 p.m. – 8:00 p.m.
Office of the City Clerk
Kitchener City Hall Council Chamber
nd
200 King St. W. - 2 Floor
Kitchener ON N2G 4G7
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Chair - Councillor P. Singh Vice-Chair - Councillor B. Ioannidis
Consent Items
The following matters are considered not to require debate and should be approved by one motion in
accordance with the recommendation contained in each staff report. A majority vote is required to discuss any
report listed as under this section.
None.
Delegations
Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum
of 5 minutes.
Item 3 - Chris Pidgeon, GSP Group Inc.
- Vaughn Bender, Schlegel Urban Developments Corp.
Public Hearing Matters under the Planning Act(6:00 p.m. advertised start time)
This is a formal public meeting to consider applications under the Planning Act. If a person or public body that
would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at the public meeting or make written
submissions to the City of Kitchener before the by-law is passed, the person or public body is not entitled to
appeal the decision.
Discussion Items
1.DSD-18-007 - Official Plan Amendment – OPA17/006/K/BB (45 min)
- Zone Change Application – ZC17/018/K/BB
- 471, 475, 481 & 505 King Street East and 18 & 24 Cameron Street South
- Drewlo Holdings Inc.
(Staff will provide a 5 minute presentation on this matter)
2.DSD-18-018 - Zone Change Application – ZC17/006/F/AP (45 min)
- 25 & 75 Fallowfield Drive
- Drewlo Holdings Inc.
(Staff will provide a 5 minute presentation on this matter)
3. DSD-18-021 - Draft Plan of Subdivision – 30T-07205 (30 min)
- Official Plan Amendment – OP/17/007/H/KA
- Zone Change Application – ZC17/019/H/KA
- 1940 Fischer Hallman Road, 163 Plains Road & 780 Huron Road
- Schlegel Urban Developments Corp.
(Staff will provide a 5 minute presentation on this matter)
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Planning & Strategic Initiatives
Committee Agenda Page 2 June 18, 2018
Information Items
DSD-18-044 – Make It Kitchener Implementation
Unfinished Business List
Jaclyn Rodrigues
Committee Administrator
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: June 18, 2018
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: 9
DATE OF REPORT: May 9, 2018
REPORT NO.: DSD-18-007
SUBJECT: OFFICIAL PLAN AMENDMENT OP17/006/K/BB & ZONE
CHANGE APPLICATION ZC17/018/K/BB - DREWLO
HOLDINGS INC., 471, 475, 481 & 505 KING STREET EAST
AND 18 & 24 CAMERON STREET SOUTH
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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RECOMMENDATION:
A.That Official Plan Amendment Application OP17/006/K/BB for Drewlo Holdings Inc.
requesting a change from Mixed Use Corridor with Special Policy 1 to Mixed Use
Corridor with Special Policy Area 6 of the King Street East Secondary Plan to
permit a mixed use development with a Floor Space Ratio of 7.1 on the parcel of
land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in
the Official Plan Amendment attached to Report DSD-18-007 as Appendix “A”, and
accordingly forwarded to the Region of Waterloo for approval; AND
B.That Zone Change Application ZC17/018/K/BB for Drewlo Holdings Inc. requesting
a change from High Intensity Mixed Use Corridor zone (MU-3 with Special
Regulation Provision 544R and Special Use Provision 410U) to High Intensity
Mixed Use Corridor zone (MU-3 with Special Regulation Provision 719R) on the
parcel of land specified and illustrated on Map No. 1, be approved in the form
shown in the “Proposed By-law” dated April 27, 2018 attached to Report DSD-18-
007 as Appendix “B” and that in accordance with Planning Act Regulation 45 (1.3
& 1.4) that applications for minor variances shall be permitted for lands subject to
Zone Change Application ZC17/018/K/BB; AND Further
C.That the Urban Design Brief Implementation Recommendations attached to Report
DSD-18-007 as Appendix “C”, be adopted, and that staff be directed to apply the
Recommendations through the Site Plan Approval process.
BACKGROUND:
Drewlo Holdings Inc. is requesting an Official Plan Amendment and Zone Change to allow for a
high density, mixed use development comprised of two residential towers (14 & 18 storeys
each) situated on top of a four/five storey podium spanning an entire city block of land from King
St. E./Cameron St. S./Charles St. E./Madison Ave. S. The applications are to permit an
increase in the amount of floor space ratio from 4.0 to 7.1 and add site specific zoning
regulations that would implement the proposed site development. In total, 488 one and two-
bedroom rental units, 1169 square metres of commercial/retail floor space located at the King
Street ground level, and 530 parking spaces (inclusive of tandem parking) are proposed for the
site.
The subject lands are described as a large vacant rectangular block of land with 114 metres of
frontage onto both King Street East and Charles Street East and 86 metres also fronting onto
both Cameron Street South and Madison Avenue South totalling 0.85 hectares. Situated on four
street frontages including a Regional Roadway (Charles Street E.); an Arterial Roadway (King
Street E.) and two Local Roads (Cameron Street S. and Madison Ave. S), the subject lands
represent a comprehensive redevelopment intensification opportunity located in the city’s east
end adjacent to an ION Transit Station Stop and the Kitchener Market/East End commercial
area. It’s located in an area of transition. Surrounding land use is characterized as mixed-use
commercial, residential and institutional at lower densities. The vision for this area is to evolve
into a broader mix of land uses at higher density to support the City’s planned growth of its
Urban Growth Centre, Major Transit Station Areas and Nodes and Corridors, and to meet
intensification targets established by the Province.
Staff is recommending that the proposed Official Plan Amendment and Zone Change be
approved.
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Description ofthe Development Proposal
The proposed development (shown above) consists of two residential high-rise towers 14 and
18 storeys in height and a shared four to five storey podium, with retail uses proposed at grade
along King Street East. The proposal also includes the construction of three levels of structured
parking and one level of underground parking. A landscaped/amenity area is proposed in the
centre of the podium atop the fifth level, and landscaping is proposed at grade along the four
street frontages. The proposed development will have a gross floor area of approximately
69,614.10 square metres (749,320 sq. ft.), including approximately 1,169 square metres (12,583
sq. ft.) of retail space. A more detailed description of the proposal is as follows:
Podium
The podium is the base element of this development. Its purpose is to establish a positive
relationship with streetscapes and the public realm. The podium encompasses the entire block
of land and will be four to five storeys in height, depending on grades. Internal to the podium
will contain all of the parking for the development including one level of underground and three
levels of aboveground or structured parking. Parking will not be visible from the street. The
design of the podium is to activate the perimeter street frontages with either retail/commercial,
for example, along King Street with residential units above or with residential units all along
Charles Street and along sections of Cameron Street and Madison Avenue. The podium has 0
metre building setback to the property line along all the four street frontages, to create a strong
street presence and maximize the utilization of the site. The retail uses fronting onto King Street
East will contribute to a range of uses on the site and provide active uses and contribute to the
public realm. Active entrances will be provided to the individual residential units to improve the
public realm along Charles Street. Building entrance points will be located to provide
convenient access to the nearby Kitchener Market LRT station, including an entrance located at
Madison Ave South and Charles Street East corner because of its proximity to the ION stop.
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Towers
The proposed towers are 14 and 18 stores in height, and will sit atop of the podium. The
towers will contain the majority of the proposed 488 residential rental units. The 14 storey tower
is located by the King Street East and Madison Ave South intersection, and the 18 storey tower
is situated by the Charles Street East and Cameron Street South intersection. The proposed
towers have been purposely designed to be step backed from the podium in order to minimize
visual impacts of height at street level. The towers also have varying heights and off-setting
footprints in order to minimize overlook between towers, create a varying skyline, and provide
visual interest and wayfinding and to mitigate shadow and wind impacts.
Amenity Space & Landscaping
Balconies are proposed for the majority of residential units within the two towers, while units
located along the ground floor and the fifth floor will have terraces. Street furniture, trees and
other landscaping features are proposed within the right-of-ways with an emphasis placed on
King and Charles Streets. Indoor amenity areas include an indoor swimming pool; fitness
centre and sauna are proposed to be located within the fifth storey of the podium. Several party
rooms and an amenity room are also proposed on the fifth floor. Smaller amenity rooms, a
tenant meeting room, a meeting room for community use and multipurpose rooms are located
on the floors one through four. Outdoor amenity space is located on the fifth floor, on top of the
podium and in the centre, linking the space between the two towers. This landscaped open-air
atrium will have dry gardens, planters and seating areas, as well as a walkway connecting the
two buildings.
Parking and Access
As noted above, the development is proposed to have a mix of underground and structured
parking. A total of 530 parking spaces (inclusive of tandem parking) are proposed for residents
and retail patrons. Two accesses to the parking are proposed. The entrance off of Cameron
Street will access the first storey of parking and the entrance off of Madison Avenue will access
the second level of parking. A third service access is proposed off of Cameron Street to access
garbage pickup and move-in areas. Service parking spaces will also be provided at this location.
A screening wall is proposed along Cameron Street to minimize the impact of this area on the
streetscape. A total of 342 secure bicycle parking spaces are proposed to be located on various
levels of the podium. 15 outdoor bicycle parking spaces are proposed, some along the King
Street East frontage and some nearby the entrance to Tower 2 for commercial parking, visitor
parking and short-term resident parking. Electric car stations are being provided for within the
building.
REPORT:
Provincial, Regional, and City planning policy must be considered when evaluating changes in
land use permissions as discussed below, especially within the Central Transit Corridor and
areas identified by the City for intensification.
PROVINCIAL POLICY CONSIDERATIONS:
Provincial Policy Statement (2014)
The 2014 Provincial Policy Statement (PPS) was issued by the Province of Ontario. The PPS
provides policy direction on matters of Provincial interest related to land use planning and
development and applies to all decisions in respect of the exercise of any authority that affects a
planning matter made on or after April 30, 2014. Section 3 of the PPS requires that decisions
affecting planning matters shall be “consistent with” the PPS.
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The PPS provides a vision for land use planning in Ontario that encourages the efficient use of
land, resources and public investment in infrastructure. A mix of land uses is encouraged to
provide choice and diversity. A variety of transportation modes to facilitate pedestrian
movement, less reliance on the automobile, and use of public transit is encouraged as a means
of creating more sustainable, livable and healthy communities are at the core of these policies.
The PPS encourages development that will provide for long-term prosperity, environmental
health and social well-being.
Planning staff is of the opinion that the proposed development is consistent with the PPS as
there a number of policies that support this development found in sections 1.1.1, 1.1.2, 1.1.3,
1.4 and 1.8. The proposed development is situated in a transitional area of the City on lands
targeted for growth and in an area comprised of commercial, residential and institutional uses.
The proposed development is well-located with respect to existing transit and an ION rapid
transit stop. The mixed-use nature of the proposal at higher intensities combined with location
will better utilize the City’s/Region’s existing servicing infrastructure and will assist in meeting
density targets for the UGC to support ION and the Core area. The proposal supports active
transportation being in proximity to the downtown area which can be accessed conveniently
from a range of destinations, including the commercial core of downtown Kitchener, other
nearby ION stops and the Kitchener Market. Appropriate connections to pedestrian
infrastructure will be provided and facilities to support cycling will be integrated in the building
design. Accordingly, Planning staff is of the opinion that this proposal is consistent with the
policies of the PPS.
Growth Plan for the Greater Golden Horseshoe (2017)
The Minister of Municipal Affairs and Housing issued a new Growth Plan for the Greater Golden
Horseshoe (the Growth Plan), effective on July 1, 2017. The 2017 Growth Plan replaces the
previous version of the Growth Plan for the Greater Golden Horseshoe issued in 2006. The
Growth Plan, 2017 represents the long-term framework for implementing Ontario’s vision for
building strong, prosperous communities and managing growth within the Greater Golden
Horseshoe. Policies contained in Sections 2.1, 2.2.2, 2.2.4 and 2.2.9 of the Growth Plan
support the planned development of the subject lands.
The subject lands are identified as being located within the Delineated Built-up Area of the City
of Kitchener. All land use planning decisions made by any authority that affects a planning
matter must conform to the Growth Plan. The Growth Plan is guided by the principles of
supporting the achievement of complete communities; intensification and higher densities to
make efficient use of land and infrastructure and that support transit viability; capitalizing on new
economic and employment opportunities while providing certainty for traditional industries;
supporting a range and mix of housing options; improving the integration of land use planning
with investment in infrastructure and public service facilities; managing growth; conserving and
promoting cultural heritage; protecting and enhancing natural heritage and agriculture; and
integrating climate change considerations into planning and managing growth.
Where lands are located within a major transit station area according to the Growth Plan, higher
density development will be supported, where appropriate, by planning for a diverse mix of
uses, including second units and affordable housing, to support existing and planned transit
service levels; by providing alternative development standards, such as reduced parking
standards; and by prohibiting land uses and built form that would adversely affect the
achievement of transit-supportive densities. Lands adjacent to or near to existing and planned
frequent transit should be planned to be transit-supportive and supportive of active
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transportation and a range and mix of uses and activities. The Growth Plan also requires Major
Transit Station Areas (MTSA) that are served by light rail transit are planned for a minimum
density target of 160 residents and jobs combined per hectare.
This development proposal will generate approximately 1055 people and jobs per hectare
according to MHBC Planning Consultants representing the landowner. As such, the proposed
density will assist in achieving the density target established by the Growth Plan for Major
Transit Station Areas on Priority Transit Corridors. Moreover, the development will contribute to
the mix of uses within the MTSA and will provide support for the transit service in an area of
transition.
The proposed development will contribute to the evolution of this Major Transit Station Area and
the nearby Urban Growth Centre through the development of two apartment towers with a total
of 488 rental units and retail commercial uses at grade along King Street East. In summary, the
proposed development will provide support for the emerging Priority Transit Corridor, the ION
light rail transit line. Further, the proposed development features structured and underground
parking facilities; has been designed to mitigate impacts, promote efficient use of existing
infrastructure and enhance the quality of living and choice and affordability of housing for the
city.
Planning staff is of the opinion that the applications conform to the Growth Plan. The
development of the subject lands with a mix of office and commercial uses will contribute to the
numbers of jobs within the major transit station area and in close proximity to the City’s Urban
Growth Centre and King Street intensification corridor.
REGIONAL POLICY CONSIDERATIONS:
Regional Official Plan (ROP)
Regional Official Plan (ROP) was approved by the Ministry of Municipal Affairs and Housing
(MMAH) with modifications on December 22, 2010, and approved, with amendments, by the
Ontario Municipal Board on June 14, 2015.
The ROP policies are generally aligned with the PPS and 2006 Growth Plan policies for
development, including promoting the development of complete communities, protecting the
natural environment and resources, conserving cultural heritage, and respecting the scale,
physical character and context of established neighbourhoods. Sections 2.D.6, 2.D.7, 2.D.2
and policy 5.1 of the ROP apply to the development of the subject lands.
The subject lands are situated within the Urban Area designation. Urban Area policies indicate
that the focus of the Region’s future growth will be within the Urban Area. This area contains
the physical infrastructure and community infrastructure to support major growth, including
transportation networks, municipal drinking-water supply systems and municipal wastewater
systems, and a broad range of social and public health services. It is also served by the existing
Regional transit system, which is to be improved through the introduction of rapid transit. For
these reasons, lands within the Urban Area have the greatest capacity to accommodate growth
and serve as the primary focus for employment, housing, cultural and recreational opportunities
in the region.
Within the Urban Area, most of the Region’s future growth will be directed to Urban Growth
Centres, Major Transit Station Areas, Re-urbanization Corridors, Major Local Nodes and Urban
Designated Greenfield Areas. In general, these areas will be planned to create a more
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compact urban form with a greater mix of employment, housing and services in close proximity
to each other.
The subject lands are further identified within a Major Transit Station Areas (MTSA’s). MTSA’s
are planned to be developed to achieve higher densities that support and ensure the viability of
existing and planned rapid transit service levels and a mix of residential, office, institutional and
commercial development, wherever appropriate.
Planning staff is of the opinion that the applications conform to the Regional Official Plan. The
proposed development represents an example of intensification within a Major Transit Station
Area, within a location that contains the physical and community infrastructure required to
support growth. The proposed development will exceed the density target for Light Rail Transit
networks and will provide support for the emerging transit system. It will contribute to
maintaining a vibrant urban community through the provision of new residential and retail uses
in a mixed-use and transitional environment. The development has been designed to mitigate
impacts, promote energy efficiency and contribute positively to the public realms of King and
Charles Streets.
CITY POLICY CONSIDERATIONS:
City of Kitchener Official Plan (OP)
The City of Kitchener Official Plan was approved by the Region of Waterloo on November 19,
2014 with modifications and deferrals. Accordingly, policies relating to Intensification Areas and
Major Transit Station Areas are under appeal and may be subject to modification and change
through the appeal process. At the time of the preparation of this report, the policies reviewed
are those approved by the Region of Waterloo. Regardless of their status, these policies
establish the vision of the City of Kitchener and are important in the assessment of this
proposal.
The 2014 City’s Official Plan establishes an urban structure and land use approach.
Accordingly, the subject lands are identified as being within the Central Stations Major Transit
Station Area (MTSA), on Map 2 –Urban Structure of the 2014 Official Plan.Map 3 – Land Use
of the 1994 Municipal Plan, shows to refer to the Secondary Plan for detail. Secondary Plans
were carried over in the 2014 OP and will be updated in response to a number of policy
initiatives.
According to the King Street East Secondary Plan, the subject lands are designated Mixed Use
CorridorandSpecial Policy Area 1, adopted as part of the 1994 City of Kitchener Official Plan.
Mixed uses of residential and retail commercial are permitted in the King Street East Secondary
Plan. An Official Plan Amendment is required to permit an increase in the permitted Floor
Space Ratio (FSR) from 4.0 to 7.1 in the Official Plan and the King Street East Secondary Plan.
Major Transit Station Area (MTSA) and Special Policy 58 of the 1994 Official Plan
The 2014 Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. Intensification Areas are
targeted throughout the Built-up Area as key locations to accommodate and receive the majority
of development or redevelopment for a variety of land uses. Primary Intensification Areas
include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this
hierarchy, according to Section 3.C.2.3 of the Official Plan. Intensification Areas are not isolated
entities but are rather connected by transit corridors and an integrated public transportation
system. Intensification Areas combined with interconnected transit corridor/connections provide
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a basis to promote development that has a broad range and mix of uses in an area of higher
density and activity than surrounding areas.
The subject lands are located within a Major Transit Station Area as shown on Map 2 – Urban
Structure of the 2014 Official Plan. Major Transit Station Areas include lands that are generally
within a ten-minute walking radius around the location of a Rapid Transit Station Stop. The
subject site is appropriately identified as being within a Major Transit Station Area, as it has four
stations within a 650 metre distance with the closest – Market ION Transit Stop - being within
150 metres. The closest stop is located on Charles Street East.
While the MTSA policies of the Official Plan are currently under appeal, Section 3.C.2.17
indicates that MTSA’s have a planned function to support transit and rapid transit. This a key
consideration as the planned function of an MTSA is to provide a focus for accommodating
growth through development to support existing and planned transit and rapid transit service
levels; provide connectivity of various modes of transportation to the transit system; achieve a
mix of residential, office and commercial development, where appropriate; and have
streetscapes and a built form that is pedestrian-friendly and transit-oriented. In the opinion of
staff, the proposed mixed-use development supports the planned function of a Major Transit
Station Area. The proposed uses will result in intensification of a currently vacant parcel of land
in close proximity to a range of transit options, including a rapid transit station. Further, the
proposed development has been designed with Transportation Demand Management Options
to be pedestrian and cyclist friendly and to encourage use of public transportation rather than
being auto-oriented. Moreover, the site is within an area of transition identified for intensification
within the spine of a mixed use and transit corridor outside of stable residential areas, wedged
between two major roadways, just outside of the UGC and near an ION station stop.
Station Area Plans are required to be prepared for each MTSA, according to Section 3.C.2.19 of
the 2014 Official Plan. The Central Transit Station (the PARTS Central Plan) has been
prepared. This plan has been adopted by Council but has not been implemented through an
Official Plan Amendment. Accordingly, the proposed development is required to be reviewed in
the context of Section 3.C.2.22 of the Official Plan. The PARTS Central Plan will be discussed
later in this report.
Section 3.C.2.22 of the City of Kitchener Official Plan establishes criteria for development within
a MTSA. In the opinion of staff, the proposed high density mixed use development addresses
these criteria by supporting the planned function; by employing a number of TDM measures; is
within close proximity to public transit facilities; and will provide enhanced streetscapes that are
both pedestrian and transit friendly. Accordingly, the proposed development is appropriately
located within a Major Transit Station Area. It represents a suitable form of development that
will support the function of a Major Transit Station Area and will provide residential density to
support an ION LRT Station.
Special Policy Area 58
As noted previously, the policies for Major Transit Station Areas are under appeal as a whole
and the PARTS Central Plan has not been adopted under the Official Plan. Therefore, reference
to the 1994 Municipal Plan Special Policy 58 is required. Special Policy Area 58 is a conceptual
representation of the Central Transit Corridor and the surrounding area within a ten-minute
walking radius of the Rapid Transit Stations. The subject lands fall within the Central Transit
Corridor as determined by Special Policy 58. As such, Special Policy 58 policies would apply.
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Policies related to lands within the Central Transit Corridor are set out at Part 3, Section 12.58
of the 1994 Municipal Plan. In summary, these policies encourage development that supports
existing and planned transit and rapid transit service levels, connectivity of various
transportation modes, a mix of land uses, and streetscapes and a built form that is pedestrian
friendly and transit-oriented. Transit Oriented Development policies, including multi modal
transportation which supports transit and mixed-use development, a compact urban form, a mix
of land uses, which allows people to walk or take transit to work, and promotes medium and
higher density development to be situated near transit stops.
These policies have been carried forward in the new 2014 Official Plan. Accordingly, in the
opinion of staff the proposed development conforms to the 2014 Official Plan policies of Major
Transit Station Areas and those related policies of the 1994 Municipal Plan.
King Street East Secondary Plan
The King Street East Secondary Plan was adopted as part of the 1994 City of Kitchener
Municipal Plan. The subject lands are designated Mixed Use Corridor and Special Policy Area 1
on the Land Use Plan.
The Mixed-Use Corridor designation is intended for areas of the City that are linear in form and
will evolve over time. These areas are intended to serve adjacent residential neighbourhoods
and employment areas as well as allow for intensive, transit supportive development. Mixed Use
Corridors provide opportunities for residential redevelopment and an appropriate mix and range
of commercial and institutional uses. Over time, these areas are expected to intensify and
provide for a range of land uses, including a broad range of commercial uses, and be supportive
of pedestrians and cyclists. Any new development within a Mixed-Use Corridor shall be
compatible with surrounding residential neighborhoods and have an appropriate height and
density in relation to adjacent low rise residential development.
Special Policy Area 1 (SPA 1) is bounded by Madison Avenue/ Cedar Street, the Conestoga
Expressway, Charles Street and the extent of the commercial zoning on the north side of King
Street East as it existed on December 31, 1987. SPA 1 identifies King Street East the major
transportation spine through the area directly connecting it to the core of the City and acting as
the main entranceway into the City of Kitchener. The area has a wide range of commercial,
office, institutional and residential uses. The Mixed-Use Corridor designation encourages
commercial development. However, the long-term policy objective is for a high profile gateway
with a mix of office, high density residential and institutional uses in mixed use buildings,
including ground floor commercial uses. Larger scale, mixed use developments are contingent
on the consolidation of multiple properties such has occurred with the subject site.
The proposed development conforms to SPA 1 by contributing to a mix of uses currently
existing along the King Street East corridor, and by adding residential units and commercial
uses. This area is one of transition and the proposed development consolidates multiple
properties thereby providing an opportunity for comprehensive redevelopment that achieves the
long-term objective to intensify, contain a range of land uses, and be transit, pedestrian and
cyclist supportive. The proposed development achieves good urban design to ensure
compatibility with outlying stable residential areas. For example, the taller building is oriented
towards Charles Street, adjacent to the LRT corridor. Further, nearby residential areas are
buffered by Charles Street, Cameron Heights High School and a significant grade change which
offers good physical separation.
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The proposed development has been designed to provide appropriate transitions and promote
compatibility with adjacent development. The subject site is a self-contained block, and the
surrounding streets create a buffer between adjacent properties. The two towers will be located
on a four to five storey podium and step-backed to minimize the visual impacts of the towers
from street level. The narrower side of the towers has been oriented in a fashion to minimize the
effects of shadowing and wind. Plus the taller tower is closest to Charles Street to minimize
shadows on the King Street side. The podium establishes a positive design relationship with
pedestrians and the streetscape because it is tight to the street and is activated with uses. Two
vehicular access points of access are proposed, one off Cameron Street and the other off
Madison Avenue. There is a service entrance as well. Each access helps to split and minimize
the impact of traffic. The location of the site relative to King and Charles Streets ensures traffic
does not have to travel through stable residential areas once it leaves the site plus the
surrounding area has a network of street connections to further disperse the traffic. The
development is close to employment and commercial/retailing opportunities - including
Kitchener Market - so walking and/or cycling is easily achievable. Given the proximity to ION,
there will also be choice and availability of public transit to employees and residents in the new
development.
An increase in FSR from 4.0 to 7.1 is necessary to permit the two towers of 14 and 18 storeys,
on top of a four to five storey podium. In terms of floor space coverage, the podium itself
occupies all or most of the 4.0 FSR permitted in the as-of-right permissions. The podium will
contain all of the aboveground structured parking plus some residential and commercial/retail.
The two towers will contain the majority of residential units. The residential towers at 14 and 18
storeys in height are designed to complement the podium and ensure the overall viability of the
project. The increase in FSR is therefore appropriate given the location and context of the
subject lands within a Major Transit Station Area and represents an appropriate and ideal
location for additional density, redevelopment and intensification. Based on the foregoing, the
proposed development is appropriate on the subject site as staff is of the opinion it conforms to
the policies of the Mixed-Use designation and Special Policy Area 1.
Urban Design
Chapter 11 of the City’s OP outlines policies with respect to the direction and criteria used for
urban design. To address these policies, an Urban Design Brief was submitted in support of the
development proposal. The brief provides an overview of theproposed development and
outlines the vision and principles of the site design. It is used to facilitate the site design and
site planning process and helps to inform zoning. The Urban DesignBrief includes an
assessment of the proposal in the context of the urban design policies of theCity of Kitchener
Official Plan and the PARTS Central Plan document.
In the opinion of staff, the proposed development satisfies the criteria outlined in Section 11 of
the 2014 Official Plan. Section 11 is in full force and effect and the criteria for evaluation
includes: Streetscape; Skyline; Safety; Universal Design; Priority Locations; Site Design; and
Building Design, Massing and Scale Design. The proposal includes upgrades and
improvements to adjacent streetscapes to improve the public realm. The proposal includes two
high-rise towers that have been evaluated with respect to the Tall Building Guidelines and the
heights of the towers are varied in order to provide visual interest and variation which is
consistent with other high-rise proposals that have either approved or under evaluation with
respect to the City’s skyline. The floor plates are slightly larger but the size and scale of the site
can support these larger plate sizes where most sites cannot. Safety and universal design are
principles always considered in good site design. The location of the subject site is considered
a gateway into the downtown meaning a higher level of urban design is expected and has been
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incorporated in the overall site and building design. Angular plane, SWOT analysis, Wind,
Shadow and Traffic Impact and Tall Buildings analyses have all been undertaken to inform
building, site design, massing and scale design of the site to promote compatibility and good
planning.
Tall Buildings Guidelines
th
On December 11
, 2017, Council approved the Tall Buildings Guidelines. The objective of this
document is to:
achieve a positive relationship between high-rise buildings and their existing and
planned context;
create a built environment that respects and enhances the city’s open space system,
pedestrian and cyclist amenities and streetscapes;
create human-scaled pedestrian-friendly streets, and attractive public spaces that
contribute to livable, safe and healthy communities;
promote tall buildings that contribute to the view of the skyline and enhance orientation,
wayfinding and the image of the city;
promote development that responds to the physical environment and microclimate and
the natural environment through design, including four season design and sustainability;
and,
promote tall building design excellence to help create visually and functionally pleasing
buildings of architectural significance.
The proposed development has been designed with these objectives in mind. Urban Design
staff has confirmed that the proposed towers are generally consistent with and meet the overall
intent of the guidelines.
Kitchener Growth Management Strategy
The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed
effectively to achieve the required density and intensification targets, through a desired built form
and function which will enhance the quality of life in Kitchener.
The intent of the Kitchener Growth Management Plan (KGMP) is to help guide the relative priority for
all development applications based on the fundamental principle that maximizing the use of existing
infrastructure is preferred, and that planning for and implementing intensification is a high priority.
As such, Planning staff is of the opinion that the applications comply with the KGMS as it allows for
the appropriate intensification of the subject property which better utilizes the existing and planned
infrastructure with development at a transit-supportive density.
Transportation
The Official Plan provides for an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant, healthy
community using land use designations and urban design initiatives that make a wide range of
transportation choices viable. The location of the subject lands in the context of the City’s
integrated transportation system makes a mixed-use development an appropriate form of
development, in the opinion of staff for the following reasons.
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The subject lands are located immediately adjacent to King Street East – a City Arterial Street;
Charles Street East – a Regional Road and Light Rail Transit Corridor Public Transit Right-of-
Way; Madison Ave South – Local Street and Cameron Ave South – Local Street. Further, the
subject lands have convenient access to the Regional Road network, King Street, and Charles
Street, and the Provincial Highway Network, Highways 7 and 8 and Highway 401.
As previously noted, the subject lands are located approximately 150 metres from the Kitchener
Market ION stop, which is a two-way stop. The Borden, Frederick and Queen Stops are also in
proximity to the site. Existing Grand River Transit bus service, including Route 7 (Mainline), is
available on King Street, Route 11 (Country Hills), Route 22 (Laurentian West) and Route 8.
In summary, the proposed high-density built form development is appropriate for the location of
the subject lands in the context of the City’s integrated transportation network that is available to
service the development. Further, the proposed development will support the ION rapid transit
system and result in streetscape improvements which will enhance the public realm thereby
creating a more visually appealing, comfortable and safe streetscape and will offer a gateway
landmark to the Downtown.
Community Benefits/ Density Bonusing
Bonusing is a tool used by Municipalities to allow buildings to exceed the height and density of
development otherwise permitted by zoning by-laws in exchange for community benefits.
Community benefits are often negotiated between a developer and a municipality and are
implemented through a Section 37 Agreement. Bonusing is not new to Kitchener. The City has
had Official Plan policies and zoning in effect for decades, but only recently has it been used in
response to higher density development now occurring within the downtown.
The 2014 Official Plan provides direction on the implementation of bonusingwhile the current in
force Zoning By-law 85-1, provides regulations for bonusing within the downtown only. Section
37(2) of the Planning Act identifies that if a municipality has an Official Plan in effect containing
bonusing provisions, then the municipality can pass a Zoning By-law to authorize increases in
the height and density of a development. The proposed development requires a site-specific
zoning by-law amendment. As previously noted, the maximum Floor Space Ratio (FSR) for all
new development or redevelopment within the Mixed-Use Corridor at this location is 4.0.
Bonusing however, can be applied to sites that are located within Secondary Plans as per
section 16.D.1.4 and/or sites within an MTSA according to section 17.E.17.3 of the Official Plan.
The subject property is located within the King Street East Secondary Plan and is within a
MTSA. Therefore, policies support the use of bonusing. In that regard, the applicant has
requested a maximum FSR of 7.1. Bonusing would only apply to the amount of overage of floor
space ratio being requested. This would equate to a figure of 3.1.
It is important to note that bonsuing is not used to simply justify an increase in FSR. From
staff’s perspective, the proposed FSR of 7.1 is considered appropriate and acceptable because:
a) there is clear policy direction to support it; b) of the site location relative to higher order transit
and proximity to employment and commercial opportunities; c) the podium, which spans the
entire property, is primarily used to accommodate aboveground parking, which is wrapped
appropriately with commercial and residential uses, and accounts for all of the 4.0 FSR allowed
as-of-right and d) the design of the site is considered compatible, functional and serviceable.
City’s policies do not mandate that an owner bonus, but rather suggest that bonusing may
apply. Consequently, the developer could justify an increase without a need for bonusing.
However, the advantage is that it is a way to secure community benefits in exchange for that
density that the City would not otherwise be able to obtain. Therefore, staff has strongly
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encouraged it and the developer has agreed to provide community benefits that would qualify
for bonusing. This is a win/win situation in the opinion of staff.
The maximum Floor Space Ratio (FSR) for all new development and redevelopment of 4.0 may
be increased through the bonusing provisions of the Zoning By-law in exchange for the
provision of community benefits. Section 17.E.17 of the Official Plan permits bonusing to
increase the height and FSR of a development in exchange for community benefits listed in
17.E.17.2 so long as the proposed increases support the vision of the plan, constitutes good
planning and is supported by urban design and is compatible with the adjacent properties and
the surrounding area.
Section 17 of the OP provides for a list of items that would qualify for bonusing and of that list.
The following community benefits have been proposed by the developer:
Non-profit, arts, cultural, community or institutional use
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• 60m (645 ft) of space
Public Art – incorporated into the building design
Affordable Housing
TDM
• Class A/B Bicycle Parking Stalls
• Subsidized transit passes
• Bicycle repair stations
• Unbundled parking spaces
Provision of a transit shelter
Streetscape Enhancements
In summary, the City of Kitchener 2014 Official Plan provides support for the use bonusing in
exchange for community benefits providing that sites are either located in a Secondary Plan or a
MTSA and providing that the development proposal constitutes good planning. It has been
demonstrated that the proposed development at the subject location is appropriate given policy
support and design considerations to promote compatibility plus the added density can be
accommodated through existing infrastructure. It is therefore staff’s opinion that bonusing is
appropriate for the aforementioned reasons to obtain community benefits in exchange for an
increase in FSR.
Policy Analysis Summary
In summary, it is staff’s opinion there is broad based policy direction and support at the
Provincial, Regional and City level for the proposed development for the following reasons:
The PPS supports intensification in designated growth areas and/or Major Transit
Station Areas that provides a range of housing options and mix of uses, better utilizes
existing infrastructure and is transit supportive. This proposal will achieve those
objectives.
The Growth Plan is also supportive of intensification within the built-up areas that helps
cities achieve complete communities through providing a range of housing options and
meeting minimum density targets to better utilize existing infrastructure and supporting
transit, especially within areas that fall within a Major Transit Station Area. This
proposal is consistent with the GP.
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The ROP promotes intensification of lands that fall within Major Transit Station Areas to
support the ION. This property is within a MTSA.
The City’s 2014 OP and the 1994 OP, reveal that the subject lands are located within a
Major Transit Station Area and the Central Transit Corridor. Policies encourage higher
density mixed use development that supports the planned function of an MTSA
providing it is compatible with the surrounding neighbourhood and existing
infrastructure is appropriately sized to accommodate the proposed increase in density.
Staff confirms these tests have been satisfied.
A number of supporting documents have been submitted in support of the proposed
development that adequately demonstrates compatibility and meets the servicing test
of the OP.
The design and function of the site satisfies the Urban Design policies of the OP and
generally meets the intent of the Tall Building Guidelines.
The King Street East Secondary Plan designates the subject lands as High Intensity
Mixed Use Corridor. Policies support mixed use development at higher intensities on
lands that have been consolidated for comprehensive, planned redevelopment
adjacent to major roadways. Expectation is for a higher level of urban design because
it is at a gateway location into the downtown. This proposal satisfies those policy
objectives.
Transportation policies of the OP encourage TDM measures to discourage automobile
dependency and encourage cycling, walking and public transit as alternative means of
travel. In addition to the site being ideally located, this proposal achieves the policy
objective by incorporating a number of TDM initiatives within the development to
encourage cycling, walking and use of public transportation.
The development proposes an increase in the FSR from 4.0 to 7.1 using bonusing in
exchange for community benefits. The OP supports the use of bonusing on sites that
are within Secondary Plans or a MTSA providing the development demonstrates good
planning. This property is located within the King Street East Secondary Plan and is
within a MTSA as the Market ION stop is 150 metres away. The PARTS Central Plan,
which will be discussed in detail in the ensuing section, further supports bonusing at
this location. The PARTS Central Plan has not been implemented through policy yet
but it does provide vision and direction. Therefore, staff is encouraging the use of
bonusing for the increased density in exchange for community benefits as there is
policy direction to do so.
Zoning By-law
Current Zoning 85-1
The subject lands are presently zoned High Intensity Mixed Use Corridor Zone (MU-3) with
Special Regulation Provision 544R and Special use Provision 401U. The MU-3 zone permits a
wide range of commercial/retail and residential uses at a maximum FSR of 4.0 and subject to a
number of setback regulations. There is no height restriction in the MU-3 zone. The Special
Regulation Provision 544R further establishes building setbacks and regulations regarding a
food store and commercial floor area. Special use Provision 401U restricts sensitive land uses
on two land parcels located on Cameron Street pending further environmental screening
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considerations. This work has been completed to satisfaction of the Region of Waterloo.
The proposed mixed-use development complies with uses permitted in the as-of-right zoning
but not in terms of the zoning regulations that regulate massing and setbacks. A zone change is
therefore required and will be discussed in the section below.
Proposed Zoning
A zone change is required to permit the redevelopment proposal for this site. The proponent is
seeking an increase in FSR from 4.0 to 7.1 through a Section 37 Agreement which will outline
density bonusing increases in exchange for the provision of community benefits.
The zone change is also being sought to implement the site development as proposed. In
addition to the increase in FSR and bonusing, the zoning requires site specific regulations that
will set a maximum building height, as well as establishing appropriate building setbacks, a
maximum amount of gross floor area devoted to retail/commercial uses, tower step backs, and
parking.
Specifically, the applicant is seeking a zone change to add a special regulation provision 719R
for the following to:
allow an increase in FSR from 4.0 to 7.1 - an increase in FSR of 3.1 - which is to
be provided in exchange for community benefits listed in this report to be secured
through a Section 37 Agreement;
have a 0 metre setback for a podium that is four/five storeys in height
encompassing the entire property from King Street East, Charles Street East,
Cameron Street South and Madison Avenue South.
allow a parking rate of 0.84 spaces per residential unit (exclusive of tandem
parking spaces )
allow a parking rate of 1 space/55 metres square of retail/commercial uses
permit a visitor parking rate of 10% of the required parking spaces;
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have a maximum of 1169 mof gross floor area for retail.
have maximum building height of 72 metres for the tallest tower and 60 metres for
the shorter tower;
allow minimum step back of 2.8 metres where the tower meets the podium at the
fourth storey,
require a Section 37 Agreement for density bonusing in exchange for the
provision of community benefits
CRoZBy (Comprehensive Review of Zoning By-law)
The City of Kitchener is currently undertaking a Comprehensive Review of their Zoning By-law,
known as CRoZBy. The first draft of the by-law was released on May 29, 2017 and was tabled
at Planning and Strategic Initiatives Committee on April 30, 2018. Any properties located within
the PARTS Plan boundaries and outside of the UGC have not been zoned at this time. The
intent is for the zoning to be updated after the Secondary Plans within the PARTS Central Plan
area have been completed. Regardless, the proposed development has been prepared with
consideration of CRoZBy, specifically with regard to the proposed parking standards and
bonusing provisions that were tabled prior to the April 30, 2018 Committee meeting.
The following outlines the proposed CRoZBy parking rates as it relates to the proposed
development:
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0.95 spaces/ residential unit x 488 units= 464
Plus 10% for visitor = 5
2
1.0/50m of retail GFA = 26
Class A Bike Stalls (0.25/unit) = 122
Class B Bike Stalls (6 if more than 20 units) = 6
According to CRoZBy vehicle parking rates, the subject development would require a total of
495 (464 + 5 + 26) parking spaces whereas 434 parking spaces plus 96 tandem parking spaces
equaling 530 parking spaces are proposed. In summary, the proposed parking rates are
consistent with the proposed parking rates being considered in the City’s new zoning by-law,
and if one factors in tandem parking spaces, the number of parking spaces is exceeded.
Tandem parking spaces provide parking for two vehicles, one behind the other. The Zoning By-
law recognizes tandem parking as being only one space although technically two are being
provided. That is why the proposed rate is at 0.84 spaces per unit whereas if tandem were
considered, the rate is closer to 1.0 space per unit. The 10% visitor parking rate being
proposed is similar to what CRoZBY is establishing. A total of 338 indoor bicycle stalls and 15
outdoor stalls will be provided. This well exceeds CRoZBy rates for the provision of bicycle
spaces.
At the present time, bonusing provisions outlined in CRoZBy are for the UGC only. The subject
lands are located just outside of the UGC in the King Street East Mixed Use Corridor. As such,
CRoZBy rates for bonusing do not apply to the subject lands. However, because of its location
relative to the UGC and their shared geography and connection with the east end of the
downtown these rates have been referenced as a basis for bonusing of the subject lands. In that
regard, the bonusing proposed is reflective of the rates used in the first draft of CRoZBy that
was released in 2017 as the direction and planning that went into the design is reflective of
those initial rates. Each site is evaluated for what community benefits make sense for the
affected area and because it is a site specific amendment, different rates could be applied. In
this instance, and through public consultation, for example, it was determined that streetscape
improvements and a community meeting space were identified as community needs. These
have been included in the bonusing and will be provided by Drewlo. Affordable housing was
also mentioned as a benefit and it has been included as well. The other two bonusing
considerations are TDM measures to provide other transportation alternatives that reduce the
reliance of the automobile and the other is the provision of a transit shelter.
Other Considerations
Planning Around Rapid Transit Stations (PARTS)
The primary purpose of the Planning Around Rapid Transit Stations (PARTS) project is to
provide direction for future development and stability within station study areas along with
recommendations for capital projects to ensure that these areas are developed in a way that is
transit supportive and adds value to our community.
PARTS Central Plan
The PARTS Central Plan area was the first PARTS plan to be completed. The Plan contains six
ION stops and all lands within the plan area are generally within 800 metres of a transit stop.
The subject lands are located approximately 150 metres from the Kitchener Market stop,
located along Charles Street East and Cedar Street South.
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The PARTS Central Plan was completed on April 13, 2016 and was approved by the Planning &
Strategic Initiatives Committee and City Council. The PARTS Central Plan objectives are to
manage growth and change, ensure a mix of appropriate land uses, enhance transportation
choice and connectivity, enhance place-making, safety and community design, and to guide
public and private investment. The Committee directed staff to prepare the appropriate
Secondary Plan, Zoning By-law Amendment and related urban design guidelines to implement
PARTS Central Plan. This work has been initiated and is in the initial phases.
The subject lands are identified as High Density Mixed Use in the PARTS Central Plan. The
Mixed-Use designation intends to permit a broad range and compatible mix of land uses
including commercial, retail, institutional and residential uses on the same site or within the
same building at a greater intensity of use.
Development within the Mixed-Use land use is to have a high standard of urban design, be
compatible with surrounding areas, transit supportive and cyclist and pedestrian friendly. The
intent of the designation is to include the planned retail and commercial function to support
residential development and service surrounding neighbourhoods.
The proposed Mixed-Use designation has three classifications, low, medium and high density
and are intended to have intensities that vary and provide for transitioning between the
designations and abutting low rise residential neighbourhoods. Specifically, the High Density
Mixed Use designation permits development with a minimum Floor Space Ratio (FSR) of 1.0
and a maximum FSR of 4.0. There is no maximum permitted height for lands with the High
Density Mixed Use designation. This designation is intended to have the highest intensity of
mixed use development within the PARTS Central Area. Bonusing for increased height and
density is encouraged in the PARTS Central Plan through the City’s Official Plan for areas
within the Urban Growth Centre and Major Transit Station Areas. The intent is that the
maximum FSR may be increased through the use of bonusing provisions in the zoning by-law in
order to promote residential development or redevelopment and the provision of community
benefits. As identified earlier, the subject lands fall within an MTSA.
While PARTS Central Plan has not yet been fully implemented, the Preferred Plan was
reviewed in consideration of the subject applications.
The proposed development supports the objectives and vision of the PARTS Central Plan for
the following reasons:
The proposal represents a compact and sustainable form of development located
adjacent to an ION station stop, adjacent to downtown and the Kitchener Market.
The proposed development contributes to the range and mix of uses within the PARTS
Central Area. A range of uses will create a more vibrant and complete community by
ensuring that activity occurs within the area throughout the day and night, as the area
will result in the addition of new residential units and retail commercial space, which will
benefit the residents of the proposed development as well as existing residents in the
area.
The proposed development has been designed to prioritize active transportation by
providing connections to cycling and pedestrian facilities and providing 342 secure
bicycle parking stations and bike repair stations within the podium, and 15 outdoor
spaces.
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Transportation Demand Management and Parking Reduction Justification
The PARTS Central Plan encourages Transportation Demand Management (TDM) as a means
to reduce traffic congestion, parking supply needs and demand for parking spaces by
encouraging various modes of travel, including supporting ION public transit. Section 12 of the
PARTS Central Plan encourages street furniture, pedestrian and cyclist amenities, encourages
the public provision of bicycle parking and discourages surface parking within the Central Plan
Area. In support of the Official Plan Amendment and Zone Change applications, the following
TDM measures are recommended to encourage non-single occupancy vehicle travel and
reduce parking demand:
Bicycle parking beyond the minimum requirement;
All residential bicycle parking is Class A spaces and located indoors;
Subsidized transit passes;
The provision of a car share space;
Parking charged as a separate cost to occupants (unbundled parking)
The proposed development will provide a variety of transportation demand management
measures such as subsidized transit passes, provide a car share space and offer unbundled
parking. Residential parking is being provided at a rate of 0.8 spaces per unit exclusive of
tandem parking spaces which are being provided. The proposed parking reduction, will reduce
the amount of required visitor parking from 20% to 10% of the total required spaces, and reduce
the commercial parking space requirement to 1 space per 55 square metres of commercial
gross floor area. The proposed TDM measures support the visitor and commercial parking
reductions proposed as part of the zoning by-law amendment. The intent is that the TDM
measures will encourage residents, employees and users of the commercial spaces to travel
using a variety of modes of transportation. Furthermore, the commercial parking and visitor
parking will be able to be shared during ‘off-peak’ hours throughout the day and week. For
example, commercial parking is more likely to be used during daytime hours, and visitor parking
will be used during evening hours and on weekends. In addition, there are several commercial
parking lots within walking distance available to be used by visitors, staff, and patrons.
In summary, based on the proposed TDM measures and the site context, the proposed
development is well suited to serve pedestrians, cyclists, car share users and transit users, and
as a result, the proposed parking justification is appropriate.
Shadow Impact Study
A Shadow Impact Analysis was completed to determine any impact that the proposedbuilding
design may have on nearby residential areas. The study provided an assessment forthree
periods during the day including 10:00am, 1:00pm and 4:00pm shadows for the months of
March, June, Septemberand December. The study identified that any proposed shadows
casted by the towers fall within acceptable ranges for the three critical time periods of March,
June and September. During December, however, the effect of shadow is more apparent.
This is a common occurrence at this time of year where the sun’s angle is at its lowest and
shadows cast further as a result. Winter is the least critical time period due to the fact that
people are indoors.
Staff has considered the study and is generally satisfied with the results.
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Wind Impact Study
RDWI was retained to prepare a Pedestrian Wind Study to assess wind impacts on the
pedestrian experience of the proposed development. The study concluded that building design
elements such as the large podium, chamfered corners of the podium, use of vestibules and
canopies and a covered portico walkway along the King St. façade assist in mitigating the
effects of wind. However, it was recommended that the tower entrances be recessed and that
canopies be used at the southwest and northeast corners of the building to further mitigate the
effects of wind. These measures have been acknowledged and have been incorporated into
the design.
ȁ
Scoped Traffic Impact Study
A scoped Traffic Impact Study (TIS) was prepared in support of an Official Plan Amendment
(OPA), Zoning By-Law Amendment (ZBA), and Site Plan Application (SPA) for the subject
lands. It was carried out in accordance with the procedures outlined in the Region of Waterloo
“Guidelines for a Transportation Impact Study and in consultation with City Transportation staff.
Three site accesses are proposed for the site located approximately mid-block on Cameron
Street S. and Madison Avenue S., between King Street E. and Charles Street E. Two accesses
are for day-to-day resident and retail patrons and the third is for service vehicles and move-in.
The study determined that under 2022 total traffic, the intersections of the site accesses at
Madison Avenue South and Cameron Street South are projected to operate significantly below
capacity, and at a Level of Service “A” during both the weekday a.m. and p.m. peak hours.
Traffic operations along Madison Avenue South and Cameron Street South are projected to
experience similar measures of effectiveness as recorded under existing and future background
conditions, with minimal impact by the site accesses. The full moves site accesses are projected
to serve the development efficiently and safely without issues related to sightlines, corner
clearances, access conflicts, heavy truck movements and transit operational conflicts. In
conclusion, the study indicates that the Official Plan Amendment, Zoning By-Law Amendment,
and Site Plan Applications can be supported from a transportation engineering perspective, as
the boundary road system can accommodate the increase in traffic volumes attributable to the
proposed development.
Transportation Planning staff has reviewed the study and supports the finding of this report.
Heritage Conservation
The subject lands are not identified as being of cultural heritage value or interest by the City of
Kitchener and do not contain any significant built heritage resources which are designated or
‘listed’ under the Ontario Heritage Act.
Site Plan
Site Plan application SP18/002/K/BB was submitted in early 2018 in support of the site
development. The site plan was considered at SPRC Meeting of January 23, 2018 and
approval in principle was not granted at that time pending additional urban design review and
overall improvements to building design. Since the meeting, a NIM was held to gather input
from the public. Staff has met with the owner, his Architect and Consulting Planners on several
occasions to provide input on the design of the site. Considerable improvements to the overall
site and building design have occurred. Staff is satisfied with the design and it is anticipated
that the Manager of Site Development and Customer Service will be granting “approval in
principle” pending the outcome of Council’s decision of the Official Plan Amendment and Zone
change
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Servicing Considerations
A Functional Servicing Report and Stormwater Management Report were prepared in support of
the proposed redevelopment. The purpose of this report is to document servicing, grading and
stormwater management opportunities and constraints for the subject lands. The conclusions of
the study confirm that the proposed development can be adequately serviced by municipal
infrastructure and that there is sufficient capacity within existing services. This conclusion has
been corroborated by City Engineering staff.
AGENCY COMMENTS:
A copy of all comments received from the commenting agencies and City departments are
attached as Appendix “D”. Some comments are discussed in greater detail throughout this
report, but in summary, there are no outstanding concerns with the proposed Official Plan
Amendment and Zone Change applications. Additional considerations will be addressed
through the site development approval process and Section 37 Agreement.
NEIGHBOURHOOD COMMENTS:
Planning staff received written submissions which are attached as Appendix “E”. Comments
were received immediately following the initial circulation in December 2017 and at a
Neighbourhood Information Meeting held on February 6, 2018. 97 letters were mailed out and
a total of 14 written responses were received from the property owner circulation and
approximately 25 individuals, including members of the media, attended the NIM. Additional
information on the comments received from community members during the consultation on
these applications is described in greater detail below.
Overall, comments received were generally positive to see development of these lands will be
occurring, there were issues raised such as:
• Traffic - impact to surrounding road network
• Parking – ensuring there is enough parking on-site
• Pedestrian Safety – need for crosswalks at King/Madison/Cameron
• Infrastructure – impact to services, schools, roads
• Compatibility – height of towers, shadow
• Construction impacts – noise, vibration
• Streetscape – improvements to King
• Need for a Community Meeting space
• High Standard of Urban Design
Traffic
Concern was raised by most residents regarding traffic impacts associated with the
development proposal. To respond, the subject lands are situated with frontage onto both a
Regional Roadway (Charles Street E.) and a Major Arterial Roadway (King Street E.). Although
accesses to the development are proposed off of Madison and Cameron, traffic generated from
this development will connect directly to either King Street or Charles Street at four intersection
locations thus avoiding direct travel through stable residential areas in order to get to those
streets. King and Charles Street roadways are designed to accommodate large volumes of
traffic and are capable of supporting the additional traffic proposed. While it is anticipated the
surrounding streets may experience some traffic associated with this development,
Transportation Planning staff has considered proposed traffic movements and numbers and is
confident the operational capacities of those roadways will not be exceeded. Moreover, the
surrounding road network is well connected, meaning traffic can be dispersed and filtered
through the area with minimal affect.
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A scoped traffic impact study was however prepared to assess the two main points of access
and the impact of traffic existing and entering onto the immediate adjacent road network as is
required by City policy. The study was prepared by a Transportation Engineering consulting
firm in support of the development. The study concluded that traffic impacts at the AM and PM
peak hour timeframes are within acceptable limits as both Madison and Cameron roadways at
this location will operate well within operational efficiencies. This conclusion is shared by the
City’s Transportation Planning staff that reviewed and approved the study. Additionally, as this
site is located within a Major Transit Station Area and within walking distance to the Market ION
station stop and is very close to retail and employment areas, it is anticipated that automobile
trip generation rates will be reduced and/or will decline over time in favour of transit ridership,
cycling or walking.
Pedestrian Safety
Several residents expressed concern with pedestrian safety at King and Cameron and King and
Madison, particularly with high school students being dropped off at this location by GRT buses
and attempting to cross King Street East. The perception is that this development may
contribute to an existing safety concern and that a crosswalk or signalized intersection may be
warranted as a result. Staff was first made aware of this issue through the circulation and wish
to thank residents for bringing this matter to staff’s attention. To respond, Transportation
Planning staff has agreed to examine this issue in detail. It will undertake pedestrian counts
and observe pedestrian behaviour in the area to get an understanding of the nature and extent
of this potential safety concern. Once the results have been compiled and analysed, staff will
report back to Council by the summer recess with the results
Parking
Residents want to ensure the development is adequately parked to avoid spillover parking onto
surrounding neighbourhood streets. This is a common concern and one that staff is always
trying to find a balance of encouraging TDM to reduce vehicle trip generation (and a need for
lots of parking spaces) in favour of public transportation, cycling or walking. To respond, staff is
of the opinion this development proposal strikes a healthy balance of parking spaces and TDM.
Although a parking reduction is being sought, a total of 530 parking spaces (inclusive of tandem
parking) will be provided while incorporating a number of TDM measures to promote and
incentivize using other forms of transportation such as providing unbundled parking, transit
passes, indoor cycling storage, car share spaces, active uses at grade etcetera to offset the
reduction. Moreover, the location of the subject lands relative to the Kitchener Market and other
retail and employment opportunities combined with the fact this is a mixed use proposal,
walking or cycling rather than driving makes more sense for future residents of this
development. The objective of TDM is to encourage a shift in behaviour from a car dominated
culture towards one of using public transportation, cycling and walking. This will take time but in
the interim staff is confident there is a healthy balance of supplying enough parking for the
development while providing a number of TDM measures to encourage use of public transit,
cycling or walking over the longer term.
Infrastructure
Some residents were questioning if the existing servicing infrastructure was adequate for the
proposed development. To respond, a Functional Servicing Report was prepared by the
landowner’s consulting engineering firm to assess the adequacy of services. It concluded there
is sufficient capacity to support the development. This report was reviewed and approved by
the City’s Engineering staff.
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Construction Impacts
Some residents expressed concern about construction impacts and more disruption as a result. To
respond, it is acknowledged that the community surrounding the subject lands has been subject to
construction for several years, including more recently the reconstruction of Charles Street due to
the ION LRT.
The City’s Building Staff monitor, inspect, and enforce all complaints regarding construction debris,
dust, and road conditions. Transportation Planning staff will be advised of any potential road
closures/disruption due to future construction of the site and will work with Drewlo to ensure impact
to the area is minimized as much as possible.
Compatibility
A few comments expressed some concern with the compatibility of the proposal. Staff can
appreciate and understand this sentiment as the proposal represents change for this area. To
respond, it is acknowledged that much of the area is presently dominated with mid to lower rise
forms of commercial/residential land uses and this is the first higher density mixed use
development to occur in an area of transition. Most of the lands situated between the King and
Charles Street corridor have been targeted for planned growth promoting a vision of mixed land
uses of commercial/residential at a higher intensity, particularly for lands such as the subject
site that have been consolidated into a larger parcel. The proximity of the subject lands to the
ION Market station stop further promotes and justifies higher densities of mixed land uses in
order to support the planned function of a Major Transit Station Area. Moreover, despite the
scale and density, the site has been designed to promote compatibility including a podium that
is human scaled and pushed to the street edges, activated with commercial and residential uses
to provide a positive pedestrian-oriented streetscape and public realm. The towers will be step-
backed from the podium so that the presence of height is minimized from street level. Towers
are of varying heights and positioned off-set from one another purposely so to promote a
varying skyline, to reduce impacts of wind and shadow, promote wayfinding and visual interest.
Vehicular access to and from the site is via both Cameron and Madison mid-block between King
and Charles. Multiple accesses help split the traffic flow. Traffic will lead directly to either King
or Charles, roads that have been designed to carry large volumes of traffic thus not having to
travel directly through stable residential neighbourhoods. For these reasons, this site represents
an ideal location to promote the height and density under consideration.
Streetscape Improvements
Several comments were received expressing a need for streetscape improvements. To
respond, staff agrees. This development represents a significant opportunity to introduce
streetscape elements and form to create a positive and lively environment for pedestrians and
residents. Urban Design and Operations staff are working closely with Drewlo’s Landscape
Architect consultant to transform the streetscapes, with an emphasis on King Street, to integrate
the commercial/retail space within the public realm.
Desire for a Community Meeting Space
At the NIM, there were a number of residents who expressed a desire to have a community
meeting space and asked if one could be provided as part of this development. To respond,
22
Drewlo has considered this request and has agreed to provide an approximately 65m(700 ft)
meeting office space for community use to be located on the second floor at the corner of
Charles and Madison. The proposed details of the administration of this space will be
determined at a later date.
1 - 22
Higher Level of Urban Design
At the NIM several residents expressed a desire to see a higher level of design achieved for the
development. To respond, staff agrees. This site is located at the gateway to the downtown
and there is policy direction to require a higher standard of urban design as a result. Compared
to the first iteration of the plan that was viewed at the NIM, the latest version boasts significant
improvements to the overall building design and incorporates many design improvements to
enhance the appearance, form and architecture from the podium to the towers. Staff is
confident the development achieves a higher level of urban design.
PLANNING ANALYSIS:
The subject lands comprise 0.85 hectares that are located in the east end of downtown
Kitchener between two major roadways King Street East and Charles Street East. It is located
within an area of transition as the area moves towards a vision of higher density mixed use in
response to LRT and proximity to the City’s Urban Growth Centre. Given location, size of the
property and proximity to the emerging LRT transit, this property represents a prime
intensification opportunity. To that end, Drewlo Holdings Inc. has submitted planning
applications in support of a high density mixed use development comprised of 488 residential
units housed in two towers atop of a podium that will contain structured and underground
parking for 517 vehicles and activated with commercial ground floor space facing King Street
east and residential above and along Charles Street and sections of Cameron Street and
Madison Avenue.
The property is currently designated as Mixed Use Corridor in the King Street East Secondary Plan;
is identified as being within a Major Transit Station Area and is affected by Special Policy 58 which
recognizes King Street East and Charles Street East as major transit corridors. These policies
support and encourage higher density mixed use development that is transit supportive, pedestrian
friendly and that supports the planned function of a Major Transit Area. The PARTS Central
Planning exercise identifies the subject lands as being High Density Mixed Use. Provincial and
Regional planning policy provides guidance and direction that must be considered when evaluating
changes in land use permissions, especially within the Central Transit Corridor and in areas
identified by the City as an Intensification Area, such as a Major Transit Station Area. This
development proposal is in line with Provincial policy.
Compatibility with the surrounding area has been factored into the design of the site. It is located
within an area of transition targeted for growth and on major transit corridors between two major
roadways that separate and offer transition to stable residential areas located to the east of King
Street commercial corridor and west of the Charles Street corridor. Consideration to wind, traffic and
shadows has been factored into the site design in order to minimize/mitigate impacts. The design
with the podium is pedestrian-friendly with active uses at the street level. It incorporates a number of
TDM measures to encourage walking, cycling and use of public transit. The proposal also meets the
intent of the City’s Tall Building Guidelines.
Community input was sought and considered through the process. The developer has agreed to
provide a number of measures that will directly benefit the community and neighbourhood in
response to needs identified by area residents and Wards 9 and 10 Councillors. The design has
been stepped up in response to staff and resident requests. Any concerns expressed have been
responded to by staff in an appropriate, reasonable and balanced manner. The development
proposal has evolved with input from community members, City staff, and commenting agencies.
Staff is of the opinion the development proposal represents “good planning” for the
In summary,
community and is recommending approval of the application as outlined in Appendix “A” and “B” of
this report.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic vision
through the delivery of core service.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with these recommendations.
COMMUNITY ENGAGEMENT:
INFORM – The Official Plan amendment and Zone Change application have been circulated for
comment to internal departments, external agencies, and all property owners within 120 metres
of the subject lands on December 14, 2017. A NIM was held on February 6, 2018. A list of
interested residents was updated throughout the application process. Written responses from
property owners and interested parties are attached as Appendix “E” and are discussed in this
report. This report has been posted to the City’s website with the agenda in advance of the
council / committee meeting.
CONSULT – The Neighbourhood Information Meeting was held on February 6, 2018.
Reponses and comments identified during that meeting were largely considered in a revised
proposal.
All residents who provided comments or attended one of the Neighbourhood Information
Meetings will be mailed notice of the public meeting, and notice of the public meeting will appear
in the Record on May 25, 2018.
CONCLUSION:
Planning staff’s recommended Official Plan Amendment and amending zoning by-law attached
represent an evolution of the original application and proposal with input from residents, the
applicant, and City staff. The proposed development aligns with the overall objective of locating
transit supportive mixed use development with the Central Transit Corridor that provide places
for people to work. The applications align with Provincial, Regional, and City policies and will
contribute to and support the newly constructed ION rapid transit system. Therefore, Planning
staff are recommending approval of the applications as thy represent good planning.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
Appendix “A” Proposed OPA and OPA Map
Appendix “B” Proposed Zoning By-law & Map No. 1 & Newspaper Advertisement
Appendix “C” Urban Design Brief Summary Recommendations
Appendix “D” Department/Agency Comments
Appendix “E” Community Input
1 - 24
Appendix CSD-18-007
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
471, 481, 505 King Street East and 18, 24 Cameron Street South
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AMENDMENT NO.TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
471, 481, 505 King Street East and 18, 24 Cameron Street South
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
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AMENDMENT NO.TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XX to the Official Plan of the
City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive and Schedule
.
SECTION 2 PURPOSE OF THE AMENDMENT
The purpose of this amendment is to create aSpecial Policy for the subject lands to
increase the maximum Floor Space Ratio and incorporate special policies for bonusing.
SECTION 3 BASIS OF THE AMENDMENT
The subject lands are located at 471, 481, 505 King Street East and 18, 24 Cameron
Street South. The area is designated Mixed Use Corridor in the King Street East
Secondary Plan, which is encouraged for higher density, mixed use development and
redevelopment to a maximum floor space ratio of 4.0.
An Official Plan Amendment is required to allow for an increase in floor space ratio to a
maximum of 7.1 using bonusing through a Section 37 Agreement. The bonusing
provisions of the Official Plan are modified to reflect the new direction with respect to
bonusing for increased Floor Space Ratio (FSR) for the provision of community
amenities as prescribed in the New Official Plan.
The subject lands are located within 500 metres of the Kitchener Market LRT station
stop and are identified in the Official Plan as within a Major Transit Station Area
(MTSA). The development is proposed to be both transit and active transportation
supportive and will include a variety of transportation demand management measures.
The New Official Plan makes provision for the use of bonusing by-laws within
Secondary Plans and Major Transit Station Areas in order achieve community benefits
in exchange for increases in height and density.The application of bonusing for this
proposed development is consistent with the direction in the New Official Plan.
Bonusing measures contemplated for the proposed development include:
a) Transportation Demand Management Measures including, bicycle parking
stalls, subsidized transit passes, bicycle repair stations and unbundled parking
spaces;
b) Provision of a transit shelter;
c) Provision of an indoor space for non-profit arts, cultural, community or
1 - 27
institutional use;
d) Contribution to affordable housing;
e) Provision of streetscape enhancements; and
f) Provision of public art.
The proposed development will improve and activate all four street frontages, with a
specific focus along King Street and Charles Street. King Street East will contain active
frontages with two-storey retail uses at grade, as well as an enhanced streetscape
consisting of street furniture, planting and a covered portico walkway for a positive
pedestrian experience. Charles Street will have two-storey residential units with
entrances at grade to activate the street.
The proposal will provide for streetscape improvements which will enhance the public
realm and create a more visually appealing, comfortable and safe streetscape. The
proposal will offer a gateway landmark to the Downtown, with high quality design and
public art, and will contribute to the mix of uses and housing types within the area.
The maximum floor space ratio, building height and setbacks of the building, will be
regulated in the site specific amending zoning by-law to ensure urban design elements
are implemented.
The proposal conforms to the Provincial Policy Statement, the Growth Plan as well as
the Regional Official Plan, as it promotes walkability, is transit-supportive, maximizes
the use of existing and new infrastructure, and assists in development of this area as a
compact andcomplete community through the broad range of uses. The proposed
development implements the redevelopment vision for the Major Transit Station Area as
prescribed in both our current and newly adopted Official Plan and is therefore good
planning.
SECTION 4 THE AMENDMENT
1. The City of Kitchener Official Plan is hereby amended as follows:
a) That Part 3 Section 13.2.3 is amended to remove Special Policy 1 and add
new Special Policy 6 as follows:
6. a) Notwithstanding, the Mixed Use Corridor designation and
policies,the maximum Floor Space Ratio may be increased to 7.1
and that the bonusing provisions of the Zoning By-law be used in
order to promote residential development or redevelopment and the
provision of community benefits in accordance with Section 17.E.17
of the 2014 Official Plan.
b) Notwithstanding Section 17.E.17 of the 2014 Official Plan,
the community benefits may also include:
.
1 - 28
i) the provision of enhanced streetscape elements, and.
ii) the provision of public art.
b) That Map 10 King Street East Secondary Plan is amended by adding
Special Policy Area No. 6 to the lands municipally known as471, 481, 505
King Street East and 18, 24 Cameron Street South, as shown on the
attached Schedule A.
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´
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OP117006KBB_map10
KING STREET EAST
AMENDMENT TO MAP 10
Low Rise ConservationLow Density Commercial ResidentialMedium Density Multiple ResidentialMixed Use CorridorBoundary of Secondary PlanSpecial Policy AreaPrimary Arterial RoadSecondary
Arterial RoadMajor Collector RoadArea of AmendmentFrom Mixed Use CorridorWith Special Policy Area 1To Mixed Use CorridorWith Special Policy Area 6
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ZONE CHANGE APPLICATION ZC 17/018/K/BB
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-18-007
PROPOSED BY LAW
April 27, 2018
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
Drewlo Holdings Inc.
471, 475, 481 & 505 King Street East, 18 to 24 Cameron Street South
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 120 o-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 High Intensity Mixed Use Corridor Zone
(MU-3) with Special Regulation Provision 544R to High Intensity Mixed Use Corridor Zone
(MU-3) with Special Regulation Provision 719R.
2.-law Number 85-1 is hereby amended by
changingthe 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 High Intensity Mixed Use Corridor Zone
(MU-3) with Special Regulation Provision 544R and Special Use Provision 410U to High
Intensity Mixed Use Corridor Zone (MU-3)with Special Regulation Provision 719R.
3.-law Number 85-1 is hereby further amended by
incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
4.-law 85-1 is hereby amended by adding Section 719R thereto as
follows:
719. A) Definitions
For the purpose of this regulation:
a) more;
b)portion of a Tall
Building connecting the Base or Podium to the top and housing the
primary function;
c)
floors with a direct relationship to the streetscape and public realm.
1 - 31
This can include multi-storey podiums, portions of a Tower which
extend to the ground floor and structured parking areas;
d)
of the building;
e)he building design
or provided on site which is accessible and visible to the general
public.
f)those functional and decorative elements
that are placed, laid, erected, planted or suspended within a public or
communal urban space. They include public utilities and amenities,
visible elements of service infrastructure, street lights, traffic signs
and signals, street trees and other horticultural elements, general
public furniture, advertising signs and decorations.
B) Notwithstanding Section 55.2.1, Section 55.2.2.1, Section 6.1.2a), and 6.1.2b)vi)B)
of this By-law, within the lands zoned High Intensity Mixed Use Corridor Zone
(MU-3), shown as affected by this subsection, on Schedule 120a
mixed use buildingshallbe permitted in accordance with the following:
Design Standards & Parking
a. The maximum Floor Space Ratio shall be 7.1.
b. The minimum front, side yard abutting streets and rear yard for aPodium
with a maximum height of five storeys shall be 0.0 metres,
c. The minimum stepback for a tower above the Podium is 2.8 metres.
d. The maximum heights of two Tall Buildings are 72 metres and 59.5 metres.
e. The minimum parking shall berequired at a rate of 0.84spaces per
residential unit.
f. The minimum visitor parking rate shall be 10% of the total required
residential parking.
g. The minimum parking requirement for permitted commercial uses shall be 1
space per 55square metres of gross floor area of the retail space.
h. The maximum permitted gross floor area of retail space shall be 1169
square metres.
1 - 32
Bonusing Regulations
Pursuant to Section 37 of the Planning Act, the density (FSR) of development
permitted by this By-law are subject to compliance with the conditions set out in this
By-law and in return for the provision by the owner of the site the following
community benefits listed below, the provisions of which shall be secured by an
agreement pursuant to Section 37 of the Planning Act:
a. Transportation Demand Management Measures including, bicycle
parking stalls, subsidized transit passes, bicycle repair stations and
unbundled parking spaces
b. Provision of a transit shelter;
c. Provision of an indoor space for non-profit arts, cultural, community or
institutional use;
d. Contribution to affordable housing;
e. Provision of streetscape enhancements; and
f. Provision of public art.
Upon execution and registration of an agreement with the owner of the site pursuant
to Section 37 of the Planning Act, securing the provisions of the facilities, services
and matters listed above, the site is subject to the provisions of this By-law,
provided that in the event the said agreement requires the provision of a facility,
service or matter as a precondition to the issuance of a building permit, the owner
may not erect or use such building until the owner has satisfied the said
requirements;
5. This By-law shall come into effect only upon approval by the City of Kitchener, of Official
Plan Amendment No. XX,for 471, 475, 481 and 505 King Street East and 18 to 24
1 - 33
Cameron Street South,but upon such approval, the provisions hereof affecting such lands
shall be deemed to have come into force on the date of passing hereof.
PASSED at the Council Chambers in the City of Kitchener this ______day of
___________,2018
_____________________________
Mayor
_____________________________
Clerk
1 - 34
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B DSD-18-007
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT AND AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER SECTIONS 17, 22 AND 34 OF THE PLANNING ACT
471, 481 & 505 King Street East, 18 to 24 Cameron Street South
The City of Kitchener has received an application for an Official Plan Amendment to change the land use designation from
Mixed Use Corridor with Special Policy 1 to Mixed Use Corridor with Special Policy 6 to permit a maximum Floor Space
Ratio (FSR) of 7.1The City has also received a Zone Change Application to change the zoning from High Intensity Mixed
Use Corridor (MU-3) with Special Use Provisions toHigh Intensity Mixed Use Corridor (MU-3)withSpecial Regulation
Provision 719Rto permit a comprehensive mixed use development.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, JUNE 18, 2018 at 6:00 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 would otherwise have an ability to appeal the
decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not
make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to
approval/refusal of these proposals, the person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report contained in the
agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the meeting date
th
in the 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).
Brian Bateman,Senior Planner - 519-741-2200 ext.7869 (TTY: 1-866-969-9994); brian.bateman@kitchener.ca
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REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: June 18, 2018
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Andrew Pinnell, Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: May 23, 2018
REPORT NO.: DSD-18-018
SUBJECT: ZONE CHANGE APPLICATION ZC17/006/F/AP
25 AND 75 FALLOWFIELD DRIVE
DREWLO HOLDINGS INC.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
2 - 1
RECOMMENDATION:
A.That Zone Change Application ZC17/006/F/AP for Drewlo Holdings Inc.
requesting a change from Residential Six Zone (R-6) to Residential Six Zone
(R-6) with Special Regulation Provision 720R and Residential Eight (R-8) with
Special Regulation Provision 721R on the parcel of land specified and
illustrated on Map No. 1, be approved in the form shown in the “Proposed By-
law” dated April 25, 2018, attached to Report DSD-18-018 as Appendix A; and
that in accordance with Planning Act Regulation 45 (1.3 & 1.4) that
applications for minor variances shall be permitted for lands subject to Zone
Change Application ZC17/006/F/AP; and
B.That the Planning Justification Report and Urban Design Brief for 25 and 75
Fallowfield Drive, attached to Report DSD-18-018 as Appendix C, be adopted
and provide the basis for future site development.
BACKGROUND:
The two vacant subject properties represent the remaining lands to be developed by
Drewlo Holdings along the section of Fallowfield Drive at the intersection of Block Line
Road. The applicant is requesting a Zone Change to bring the zoning into conformity with
the 2014 Official Plan policies, which remain substantially the same as the 1994 Official
Plan policies for the lands. Specifically, the applicant is requesting a Zone Change that
would allow the property to be developed as follows:
25 Fallowfield Drive: 7 blocks of townhouses (43 total dwelling units) with vehicular
access onto a private road. The zoning would include a special zoning provision to
allow slightly increased building massing and building height, reduced parking, relief for
porch steps, and permission to allow private patio areas above garages rather than at-
grade; and
75 Fallowfield Drive: 2 apartment buildings (182 total dwelling units). One apartment
building would front onto Fallowfield Drive and have a height of 5 storeys, while the
other building would be located behind and have a height of 8 storeys. The zoning
would include a special zoning provision to allow slightly increased building height from
24.0 metres to 25.0 metres.
REPORT:
Site Location and Context:
The two vacant subject properties are located on the north side of Fallowfield Drive at
the intersection with Block Line Road, in the Country Hills East planning community.
The property to the east was developed by Drewlo Holdings with four 12-storey
apartment buildings between 2011 and 2017. The subject properties represent the
remainder of the lands to be developed by Drewlo Holdings along this stretch of
Fallowfield Drive.
The lands on the opposite side of Fallowfield Drive are developed with low density
residential uses including two townhouse developments, and a mix of single and semi-
detached dwellings. A hydro corridor, stormwater management pond, and railway
corridor are located to the north of the lands. St. Mary’s Catholic High School is located
on the opposite side of Block Line Road, to the northwest.
2 - 2
The lands are within less than half a kilometre walk to the Block Line ION Station (at
Courtland Ave).
City Official Plan and Zoning By-law Context:
City Official Plan, 2014
The lands are split-designated in the 2014 Official Plan. The majority of the lands are
designated Medium Rise Residential, while a small portion, toward Block Line Road and
the adjacent hydro corridor, is designated Mixed Use. It should be noted that the 1994
Official Plan policies objectives for this property were substantially similar to the current
2014 Official Plan policy objectives which replaced them a number of years ago.
The Medium Rise Residential (MRR) designation encourages and supports the mixing
and integrating of innovative and different forms of housing to achieve and maintain a
medium-rise built form. A minimum Floor Space Ratio of 0.6 and a maximum Floor
Space Ratio of 2.0 (building massing / bulk calculation) apply to all development and
redevelopment. The MRR designation also requires that no building will exceed 8
storeys or 25 metres in height, whichever is the lesser, at the highest grade elevation.
Building height relief may be considered for properties with unusual grade conditions.
The Mixed Use policies of the 2014 Official Plan are under appeal. Consequently, the
pre-existing Mixed Use Node policies of the 1994 Official Plan remain in effect for this
portion of the lands.
Mixed Use Nodes are intended to serve an inter-neighbourhood function and allow for
intensive, transit supportive development in a compact form. Mixed Use Nodes are
intended to intensify and provide a balanced distribution of commercial, multiple
residential and institutional uses. It is expected that individual properties within Mixed
Use Nodes will be zoned to achieve this balanced distribution of uses. Within this
designation, medium and high rise residential uses are permitted.
In locations that immediately abut low rise residential land uses, new development shall
be permitted having a maximum Floor Space Ratio ranging between 0.6 and 2.0.
However, new development may be permitted to exceed this maximum Floor Space
Ratio in locations which abut arterial or major collector roads, are well separated from
low rise residential development and have adequate municipal infrastructure. In such
cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0 and a
maximum Floor Space Ratio of 4.0.
In addition, the subject lands are subject to Special Policy Area #58 within the 1994
Official Plan (i.e., Central Transit Corridor and Rapid Transit Station Study Area),
because they are within 800 metres of the Block Line ION Station (approximately a 10-
minute walking distance). Accordingly, the subject lands are within a Major Transit
Station Area (MTSA). This Special Policy Area states that until such time as Station
Area Plans are completed, any development application submitted will be reviewed in
accordance with the Station Study Areas identified in the City’s Planning Around Rapid
Transit Station Areas (PARTS) Project Plan and Background Report. In this case, the
2 - 3
lands have been initially designated as “Recommended Focus Area” through PARTS,
although a Station Area Plan has not yet been initiated for this location.
In such areas, development applications must consider the following (for example):
new non-transit-supportive uses such as low density uses and/or auto-oriented
uses will be discouraged;
vehicular access points will be controlled to minimize disruption to traffic flow and
new development may be required to share common driveways;
be consistent with the Transit Oriented Development policies to ensure that
development fosters walkability by creating pedestrian-friendly environments;
supports a high quality public realm.
Planning staff is of the opinion that the requested Zone Change conforms to the City’s
Official Plan policies. The Zone Change would bring the zoning into alignment with the
effective Official Plan policies with respect to building height and density, and would
allow for a proposal that could meet the objectives of Special Policy #58.
Zoning By-law
The lands are zoned Residential Six (R-6) in the Zoning By-law. The R-6 Zone did not
conform to the Medium Rise Residential policies of the 1994 Official Plan and does not
conform to the Medium Rise Residential policies of the 2014 Official Plan or the in-effect
Mixed Use Node policies of the 1994 Official Plan.
The current zoning ought to, but does not, conform to the Official Plan. For instance,
the Medium Rise Residential (MRR) designation regulates Floor Space Ratio (FSR) to a
minimum 0.6 and a maximum of 2.0. However, the R-6 Zone stipulates a maximum
FSR of 0.6. Additionally, the MRR designation regulates building height to a maximum
of 8 storeys or 25 metres. However, the R-6 Zone stipulates a maximum building height
of 10.5 metres.
The current R-6 zoning of the lands allows single detached dwellings, semi-detached
dwellings, semi-detached duplexes, duplexes, small residential care facilities, street
townhouses, and ancillary uses. The R-6 Zone also allows multiple dwellings, but limits
them to approximately 3 storeys in height and a Floor Space Ratio of 0.6.
Through the Residential Zone component of the City’s Comprehensive Review of the
Zoning By-law (CRoZBy), staff would review and correct this inconsistency, likely by
recommending changing the zoning from R-6 to a zone that adequately implements the
Medium Rise Residential land use designation. However, this may not occur for some
time since Long Range and Policy Planning staff’s priority is completing all other zones
before finalizing the residential zones. Consequently, the applicant is requesting
approval of a private zone change application in advance of CRoZBy.
Proposed Development:
The purpose of the requested Zone Change is to facilitate development proposed
through two Site Plan Applications, both of which were approved in principle earlier this
2 - 4
year, as well as a consent application. The various applications, including the subject
application, are described below.
25 Fallowfield Drive
Site Plan Application:
Through Site Plan Application SP17/047/F/AP, the applicant is proposing the following
development (see Appendix D):
Construction of 43 townhouse units (i.e., a type of multiple dwelling) within 7
townhouse blocks
Four townhouse blocks would front onto and have direct pedestrian access to
Fallowfield Drive, while vehicular access would be via an internal driveway. The
remaining three townhouse blocks would face internal driveways
Shared driveway (with 75 Fallowfield Drive) located off Fallowfield Drive, directly
across from Britton Place
Key special conditions require the applicant to obtain approval of a consent
application for a lot addition and easements and obtain final approval of the
subject Zone Change Application (see below)
Consent Application:
To facilitate the above noted Site Plan Application, the applicant has submitted a
Consent Application in order to:
Convey a portion of the adjacent property addressed as 75 Fallowfield Drive as a
lot addition to 25 Fallowfield Drive.This lot addition would provide the land
necessary to support the proposed 43 townhouse units
Establish mutual access easements and servicing easements with 75 Fallowfield
Drive
Zone Change Application:
To facilitate the above noted Site Plan Application, the applicant is requesting a Zone
Change that would retain the existing R-6 Zone and add Special Regulation Provision
720R. The details of the Zone Change and staff analysis are as follows:
1.Retain the R-6 Zone
As mentioned above, the R-6 Zone does not adequately implement the Medium
Rise Residential (MRR) designation. However, with the below noted measures,
which will be implemented through a Special Regulation Provision, the requested
zoning will implement the MRR designation.
2.Allow the townhouse development to have a Maximum Floor Space Ratio
(massing requirement) of 0.69 via a Special Regulation Provision
It should be noted that the current R-6 Zone allows a Maximum Floor Space
Ratio of 0.6. The slight increase in FSR would be imperceptible, however, it
would help to implement the MRR designation by ensuring the proposed
development is on the low end, but within the FSR range specified by the MRR
2 - 5
designation (i.e., 0.6 to 2.0). Moreover, the increased massing would not
interfere with the provision of all other necessary on-site facilities (e.g.,
landscaped area, amenity area, waste/recycling facilities). As demonstrated
below, the requested parking reduction is not a practical concern or negative
consequence of the increased FSR. The requested FSR increase would allow
the townhouse development to better achieve the objectives of the Official Plan.
Staff does not have a concern with the requested increase.
3.Allow the proposed townhouses to have a Maximum Building Height of 12.3
metres via a Special Regulation Provision
The current R-6 Zone allows a Maximum Building Height of 10.5 metres. The 1.6
metre increase in height would not have any adverse impacts on adjacent
properties. Additionally, the requested 12.3 metre height is very low considering
the maximum height permitted in the Medium Rise Residential designation of 8
storeys or 25 metres in height. The slight increase in height actually helps the
development to achieve the objectives of the Official Plan.
4.Allow the townhouse development to provide a minimum of 1.4 parking spaces
per dwelling unit (i.e., 60 spaces for 43 units) via a Special Regulation Provision
The current zoning requires a minimum of 1.75 spaces per unit (i.e., 75 parking
spaces for 43 units). Transportation Services has reviewed a parking reduction
justification study as part of its review of the subject application and has
determined that there are no concerns with this request.
Furthermore, if the proposed parking rates outlined in the first draft of the City’s
Comprehensive Review of the Zoning By-law project are applied, the proposed
development easily complies (47 spaces required, whereas 60 spaces are
provided).
Also, consideration should be given to the fact that, technically, driveways
leading to the garages of individual townhouse units are not counted as
“required” parking spaces under the Zoning By-law. However, practically, such
driveways will be used for functional parking spaces. If this reality is considered,
the proposal would easily exceed the minimum parking requirements (i.e., 103
spaces provided; ratio of 2.4 spaces per unit).
It should also be noted that there is no requested reduction for visitor parking. In
fact, there is a minimum surplus of 5 visitor parking spaces.
Additionally, the lands are within a half kilometre walk to the Block Line ION
Station (at Courtland Ave). Although the Block Line Station Plan review has not
yet begun, the lands are shown as being within the Recommended Focus Area
on the initial mapping and are designated being within a Major Transit Station
2 - 6
Area (see Growth Plan for the Greater Golden Horseshoe section, below). Also,
several local bus routes exist in the area.
5.Allow private patio areas to be located above garage parking areas via a Special
Regulation Provision
Under the stock R-6 Zone, for each dwelling unit located at ground level, a
private patio area adjacent to each dwelling unit with direct access to the unit is
required. The applicant is requesting that such areas be allowed to be located
above each garage. The proposed private patio areas would fully meet the intent
of the private patio area regulation by providing exclusive use amenity spaces for
each dwelling unit while allowing for an alternative building form.
6.Allow steps with a maximum height of 0.95 metres above finished grade level to
be located within 3.0 metres of the Fallowfield Drive street line via a Special
Regulation Provision
The applicant has been willing to accommodate Planning staff’s request to orient
the townhouse development so that 26 of the 43 townhouses face Fallowfield
Drive, forming a desirable street wall. A walkway extends from the sidewalk on
Fallowfield Drive to the front door of each townhouse. The proposed townhouses
themselves will maintain a front yard setback in accordance with the R-6 Zone.
However, because of grading issues, in order for pedestrians to reach the front
door, steps within this walkway are necessary for most of the townhouses. Out
of the 26 townhouses fronting Fallowfield Drive, only 4 require relief from the step
regulations of the Zoning By-law, which state that the maximum height of steps
within a required yard is 0.6 metres above grade within 3.0 metres of a street
line. Planning staff has no concerns with the relief requested as it will facilitate
appropriate and desirable development.
7.Require dwellings to incorporate noise mitigation measures
CN Railways and the Region identified that noise mitigation measures, such as
upgraded windows and walls, and central air conditioning (in order to allow
windows to remain closed in warmer months), are necessary in order to mitigate
noise to an acceptable level, due to the rail yard that is less than 300 metres
away from the subject lands. The proposed Special Regulation Provision
incorporates a requirement for such measures. These measures have been
agreed to by the applicant. Additional noise mitigation measures will be
implemented through separate planning processes.
2 - 7
75 Fallowfield Drive
Site Plan Application:
Through Site Plan Application SP17/002/F/AP, the applicant is proposing the following
development (see Appendix D):
Construction of two multiple dwellings (i.e., apartment buildings) comprising a
total of 182 dwelling units, with both underground parking and surface parking
One apartment building would front onto Fallowfield Drive, possess a height of 5
storeys, and contain 66 dwelling units, while the other building would be located
behind, possess a height of 8 storeys, and contain 116 dwelling units
Shared driveway (with 25 Fallowfield Drive) located off Fallowfield Drive, directly
across from Britton Place
Key special conditions require the applicant to obtain approval of a consent
application for a lot addition and easements and obtain final approval of the
subject Zone Change Application (see below)
Consent Application:
To facilitate the above noted Site Plan Application, the applicant has submitted a
Consent Application in order to:
Convey a portion of the adjacent property addressed as 75 Fallowfield Drive as a
lot addition to 25 Fallowfield Drive.This lot addition would provide the land
necessary to support Site Plan Application SP17/047/F/AP
Establish mutual access easements and servicing easements with 25 Fallowfield
Drive
Zone Change Application:
To facilitate the above noted Site Plan Application, the applicant is requesting to change
the zoning from Residential Six (R-6) to Residential Eight (R-8) and add Special
Regulation Provision 721R. The details of the Zone Change and staff analysis are as
follows:
1.Change the base zoning from Residential Six (R-6) to Residential Eight (R-8)
As mentioned above, the current R-6 Zone does not implement the Medium Rise
Residential (MRR) land use designation of the property. The requested R-8
Zone would implement the MRR designation by allowing multiple dwellings to be
constructed at a height and massing consistent with the MRR designation.
2.Limit multiple dwellings to a Maximum Floor Space Ratio (massing requirement)
of 1.5 via a Special Regulation Provision
Planning staff has reviewed the Zone Change request from R-6 to R-8 (which
would have the effect of increasing the Maximum FSR from 0.6 to 2.0, consistent
with the MRR designation) only in the context of the proposed site development,
which requires only 1.41 FSR. The proposed site development was thoroughly
reviewed by City departments and agencies through the Urban Design Brief
review and Site Plan Application review. Accordingly, Planning staff requested
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and the owner agreed to restrict the FSR to 1.5. This balance would allow some
flexibility during construction, while ensuring that the FSR remains consistent
with the proposed site development.
3.Allow multiple dwellings to have a maximum building height of 25.0 via a Special
Regulation Provision
The stock R-8 Zone allows a Maximum Building Height of 24.0 metres. The
requested minor building height increase to 25.0 metres would fully implement
the MRR designation, which allows for a maximum building height of 8 storeys or
25 metres in height, whichever is lesser, at the highest grade elevation. The
MRR designation and Section 4 of the Zoning By-law currently allow for minor
relief from building height requirements where unusual grade conditions exist. In
this case, such conditions do exist, so the apartment building furthest from
Fallowfield Drive will be 9 storeys and 27.5 metres in height at the rear (facing
Block Line Road).
4.Require dwellings to incorporate noise mitigation measures
The proposed Special Regulation Provision regarding noise mitigation measures
for 25 Fallowfield Drive (described above) is also proposed for 75 Fallowfield
Drive for the same reasons.
Urban Design Brief:
As part of the Zone Change, the applicant submitted a Planning Justification Report and
Urban Design Brief to justify the zoning request and site development concept. This
report/brief describes the development concept for the lands and includes elevation
drawings, renderings, and plans. Planning staff worked with the applicant through
several iterations of the report/brief to achieve the version that is attached to the subject
report. Planning staff is supportive of the report/brief and recommends that it be
adopted in order to provide the basis for future site development of the subject lands.
Provincial Policy Statement, 2014
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The PPS sets out principles to
achieve “healthy, liveable and safe communities”. The PPS supports efficient
development patterns which optimize the use of land, resources, and public investment
in infrastructure and public service facilities. The proposed Zone Change will assist in
providing an appropriate range and mix of housing types and densities to meet the
needs of current and future residents.Furthermore, the proposed Zone Change will
help implement a land use pattern which efficiently uses land, resources, planned and
available infrastructure, and public service facilities. Planning staff is of the opinion that
the requested Zone Change is consistent with the Provincial Policy Statement.
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Growth Plan for the Greater Golden Horseshoe, 2017
The Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan) supports the
achievement of complete communities that are designed to support healthy and active
living and meet people's needs for daily living throughout an entire lifetime. The Growth
Plan requires that a minimum of 40 percent of all residential development occurring
annually will be within the Built-Up Area of the City. The subject lands are within the
designated Built-Up Area and within a Major Transit Station Area (MTSA).
It should be noted that the Region, as part of a policy review, will be seeking to establish
density targets for MTSAs based on the Growth Plan policies. Across all MTSAs this
target will be 160 residents and jobs combined per hectare for areas served by light rail
transit. It should be noted that individual MTSAs may not need to achieve this target.
However, the intent is clear to generally increase density within MTSAs.
In this case, Planning staff estimates that the proposed development for the lands would
achieve an overall density of approximately 180 residents and jobs combined per
hectare.
The proposed Zone Change meets several Growth Plan objectives, for example:
Helping to achieve the minimum 40 percent intensification target,
Facilitating density and providing reduced parking standards within an MTSA,
Providing a diverse range and mix of housing options and densities, and
Helping to achieve a complete community.
Planning staff is of the opinion that the proposal conforms to the Growth Plan.
Regional Official Plan (ROP)
The Regional Official Plan designates the subject property ‘Built-Up Area’. The Built-Up
Area is intended to accommodate a large share of new development in order to make
better use of land, existing physical infrastructure, community infrastructure, and human
services. Land use policies support and promote a range of housing types, and land
use patterns that support alternative modes of transportation including transit, walking,
and cycling.
Regional Planning staff has commented that there are no outstanding Regional
requirements to be addressed. Regional Planning staff comments are attached along
with other department and agency comments as Appendix E.
Department and Agency Comments:
Preliminary circulation of the Zone Change was undertaken on May 23, 2017 to
applicable City departments and agencies. After receiving comments, the following
departments and agencies do not have concern with the subject proposal: Engineering
Services, Environmental Planning, Transportation Services, Heritage Planning, Building
Division, Grand River Conservation Authority, Canadian Pacific Railways, Hydro One,
Waterloo Region District School Board.
2 - 10
CN Rail has commented that inclusion of noise mitigation measures in the zoning and
additional measures through other planning processes is acceptable.
Detailed department/agency comments are attached as Appendix E.
Community Comments:
Preliminary circulation of the Zone Change was undertaken on May 23, 2017 to all
property owners within 120 metres of the subject lands. In total, 20 written responses
were received (see Appendix G). In addition, Planning staff hosted a Neighbourhood
Information Meeting at Lions Arena on October 12, 2017. The minutes of this meeting
are attached as Appendix F.
A high level summary of comments expressed by the community is found below, along
with staff responses:
Traffic
Community Comments:
Dislike the proposed parking reduction / concern that parking reduction will lead
to more parking on the street
Concern that proposed development will increase traffic in area
Request that access be onto Block Line Road, not Fallowfield Drive
Underground parking should be provided for the apartments
Staff Response:
As part of the review of subject application Transportation Services staff reviewed a
Transportation Impact Study and Parking Justification and TDM Options Study as part
of its review of the Zone Change. After reviewing these studies, Transportation
Services staff indicated that it has no concerns with the requested Zone Change.
Land Use and Density
Community Comments:
•Concern that a concentration of apartment building development is occurring in
this area, rather than an even distribution of apartments across the City, which is
causing an undesirable density / population increase
•Request that only singles, semis, and townhouses be permitted
Staff Response:
As mentioned above, the Official Plan policies for the subject lands have not changed
much since 1994. The Medium Rise Residential policies of the 1994 Official Plan for
this area stated: “A Floor Space Ratio to a maximum of 2.0 shall be applied and no
residential building shall exceed eight stories in height at street elevation.” It was the
zoning that needed to be changed to conform to the Official Plan policies (and this is
being done through the subject application). The subdivision across the road which
contains low density residential development (singles, semis, and townhouses) was not
registered until 2004 and most of the development in the area did not begin until 2006.
In short, it has been an intention to develop the subject lands at an intensity that is the
2 - 11
same or higher than what is proposed, for at least a decade before any of the
surrounding development even began.
With respect to the concentration concern, Medium Rise Residential districts are
distributed fairly evenly throughout the city, though perhaps these districts are larger
than the respondent desires. Many such districts are composed of larger, multiple
properties which would allow the massing and height necessary to accommodate the
development intended to be implemented through the MRR designation. In allocating
such districts, the 1994 Official Plan policies stated that:
In planning for new communities or redevelopment, Medium Rise Residential
Districts shall be located generally near nodes or centres where they can be
combined with non-residential uses, transit stops, public squares or
neighbourhood commercial sites. A strong focus shall be placed on the creation
of links for pedestrian and cyclists with surrounding non-residential uses.
The MRR district within which the subject property is located is well placed considering
the above noted allocation policy, given the nearby Homer Watson / Block Line Mixed
Use district / node and future Block Line ION Station (at Courtland).
Such districts make possible conformity with the Provincial Policy Statement and
Growth Plan for the Greater Golden Horseshoe.
Given the long-established and important planned function of this district, it would be
inappropriate to permit only singles, semis, and townhouses.
Property Values
Community Comments:
•Concern that property values will decrease as a result of the proposed
development
•Concern that more rental properties will decrease property values of individually
owned homes
Staff Response:
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 understands that MPAC
assesses homes based on as many as 200 different factors ranging from the size of the
house and lot and the 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 individual purchaser’s preferences. While, Planning staff
recognize that property value may be an important consideration for residents, it is not a
land use planning matter. Planning staff focuses on whether the development is good
planning with respect to the community as a whole.
2 - 12
Construction Impacts
Community Comment:
•Concern that construction material is an eyesore and dirt and garbage from
subject properties blows onto adjacent properties
Staff Response:
Approval of the subject Zone Change would facilitate the construction of the lands with
attractive, orderly development. Development of the lands would culminate in the
removal / utilization of construction material. Also, the owner is responsible to keep the
site clean during construction. By-law Enforcement Division may be contacted to deal
with non-compliance with City by-laws.
Natural Environment
Community Comment:
•Request that the ‘natural area’ be maintained on the subject properties
Staff Response:
From a City staff perspective, the subject properties are developable and do not contain
any local, regional, or provincially significant natural features. However, as part of the
Site Plan process for 25 Fallowfield Drive (only), the owner will be required to prepare,
to the City’s satisfaction, and implement a Tree Preservation/Enhancement Plan as
required by the City's Tree Management Policy. The purpose of this plan is to identify all
remaining vegetation on site and determine what ought to be preserved within the
proposed site development and to recommend tree maintenance measures. Also, as
part of the site plan process, the applicant will be required to plant new trees in
accordance with City standards.
Planning Analysis:
The requested Zone Change is a private development application that would have the
effect of implementing the City’s Official Plan policies for the subject properties. Had
the applicant not submitted such an application, City staff would undertake a City-
initiated Zone Change in the near future (through the City’s Comprehensive Review of
the Zoning By-law), which would likely produce a similar result.
There is no question that the City’s intention since at least 1994 has been to facilitate
development that is in accordance with the Medium Rise Residential designation. The
requested Zone Change would allow such development to occur.
Planning staff is satisfied that the proposed zoning represents good planning and is in
the public interest of the city as a whole.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendations of this report support the achievement of the City’s strategic
vision through the delivery of core service.
2 - 13
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with these
recommendations.
COMMUNITY ENGAGEMENT:
INFORM – The Zone Change Application was circulated for comment to internal
departments, external agencies, and all property owners within 120 metres of the
subject lands on May 23, 2017. Written responses from property owners and interested
parties are attached as Appendix G and are addressed in this report. This report has
been posted to the City’s website with the agenda in advance of the Planning and
Strategic Initiatives Committee meeting. Notice signs are posted on the property.
CONSULT – A Neighbourhood Information Meeting (NIM) was held at Lions Arena (20
Rittenhouse Road) on October 12, 2017. The NIM was attended by approximately 16
community members. Reponses and comments identified were considered as part of
this staff report. All community members who provided comments or attended the
Neighbourhood Information Meeting will be mailed notice of the Planning and Strategic
Initiatives Committee meeting, and notice of the committee meeting will appear in The
Record on May 25, 2018. A copy of the Notice is attached as Appendix B.
CONCLUSION:
Planning staff is of the opinion that the requested Zone Change represents good
planning and is in the public interest.Accordingly, staff recommends that the
application be approved.
REVIEWED BY: Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Appendix A – Proposed Zoning By-law including Map No. 1
Appendix B – Newspaper Notice
Appendix C – Planning Justification Report and Urban Design Brief
Appendix D – Approved in Principle Site Plan Drawings for 25 and 75 Fallowfield Drive
Appendix E – Department and Agency Comments
Appendix F – Minutes of Neighbourhood Information Meeting
Appendix G – Community Comments
2 - 14
DSD-18-018
Appendix A
PROPOSED BY LAW
April 25, 2018
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
Drewlo Holdings Inc.
25 and 75 Fallowfield Drive)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1.Schedule Number 170 -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 Six Zone (R-6) to Residential
Eight Zone (R-8) with Special Regulation Provision 721R.
2.Schedule Numbers 147 and 170 -law Number 85-1are 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 Six Zone (R-6) to
Residential Six Zone (R-6) with Special Regulation Provision 720R.
3.Schedule Numbers 147 and 170 -law Number 85-1are hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1 attached
hereto.
4.-law 85-1 is hereby amended by adding Section 720 thereto as follows:
720. Notwithstanding Sections 40.2.6, 5.6.1a), and 6.1.2a) of this By-law,within the
lands zoned Residential Six Zone (R-6), shown as affected by this subsection, on
Schedules147 and 170 , and being shown as affected by this
subsection:
a)The Maximum Floor Space Ratio for Multiple Dwellings shall be 0.69;
b)The Maximum Building Height for Multiple Dwellings shall be 12.3 metres.At no
point shall the vertical distance between the lowest finished grade and the
uppermost point of the building exceed 110% of the Maximum Building Height;
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c)Private Patio Areas for Multiple Dwellings shall be permitted to be located above
garage parking areas;
d)Steps or access ramps may be permitted within the required front yard and side
yard abutting a street provided that the maximum height is 0.95 metres above
finished grade level within 3.0 metres of a street line;
e)Parking spaces, for Multiple Dwellings totalling 13 to 43 dwelling units, shall be
provided at a minimum rate of 1.4 spaces per unit.
f)Since the lands are classified as a Class 4 Area as defined in the Ministry of the
Environment and Climate Change Noise Guideline NPC-300, all dwellings shall
incorporate receptor-based and architectural noise control measures, including
the following:
a.Upgraded windows onall building facades with a view of the nearby CN
rail yard, pursuant to a minimum STC 37 standard,
b.Upgraded exterior walls, including brick/stone veneer or acoustically
equivalent masonry construction, pursuant to a minimum STC 54
standard, and
c.A central air conditioning system.
5.-law 85-1 is hereby amended by adding Section 721 thereto as follows:
721. Notwithstanding Sections 42.2.1, 42.2.6 and 6.7.1 of this By-law,within the lands
zoned Residential Eight Zone (R-8), shown as affected by this subsection, on
Schedule 170 and being shown as affected by this subsection:
a)The Maximum Floor Space Ratio for Multiple Dwellings shall be 1.5;
b)The Minimum Side Yard Abutting a Street shall be 8.2 metres;
c)The Maximum Building Height for Multiple Dwellings shall be 25.0 metres.At no
point shall the vertical distance between the lowest finished grade and the
uppermost point of the building exceed 110% of the Maximum Building Height.
d)The minimum number of required barrier-free parking spaces shall be 8 for
Multiple Dwellings containing a total of 182 dwelling units.
e)Since the lands are classified as a Class 4 Area as defined in the Ministry of the
Environment and Climate Change Noise Guideline NPC-300,all dwellings shall
incorporate receptor-based and architectural noise control measures,including
the following:
i.Upgraded windows on all building facades with a view of thenearbyCN
rail yard, pursuant to a minimum STC 37 standard,
2 - 16
ii.Upgraded exterior walls, including brick/stone veneer or acoustically
equivalent masonry construction, pursuant to a minimum STC 54
standard,and
iii.A central air conditioning system.
PASSED at the Council Chambers in the City of Kitchener this ______day of
___________,2018
_____________________________
Mayor
_____________________________
Clerk
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2 - 18
Advertised in The Record on May 25, 2018
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED ZONE CHANGE APPLICATION
UNDER SECTION 34 OF THE PLANNING ACT
25& 75 Fallowfield Drive
A private property owner is requesting aZone Change in order to allow the development of:
25 Fallowfield Drive:43 total townhouse units (within 7 townhouse blocks) on the lands closest to the
intersection of Fallowfield Drive at Block Line Road. Specifically, the owner is asking to retain the Residential Six
Zone (R-6) and add a Special Regulation Provision to permit: a floor space ratio (building massing calculation) of
private patio areas to be located above garages, steps t
0.69,a maximum building height of 12.3 metres, o be
permitted closer to the street, a parking requirement of 1.4 spaces per unit,and noise mitigation measures,
among other regulations; and
75 Fallowfield Drive:2 apartment buildings (182 total dwelling units) on the lands between the above mentioned
townhouses and the four existing apartment towers on Fallowfield Drive. One apartment building would front onto
Fallowfield Drive and have a height of 5 storeys, and the other building would be located behind and have a
height of 8 storeys. Specifically, the owner is asking to change the zoning from Residential Six Zone (R-6) to
Residential Eight Zone (R-8) with a Special Regulation Provision to: permit a floor space ratio (building massing
calculation) of 1.5 and a maximum building height of 25.0 metres,and noise mitigation measures, among other
regulations.
2 - 19
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, JUNE 18,2018 at 6:00 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 proposal. If a person or public body would otherwise have an ability to appeal the
decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not
make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to
approval/refusal of this proposal, the person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report contained in the
agenda(available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the 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).
Andrew Pinnell,Planner - 519-741-2200 ext. 7668 (TTY: 1-866-969-9994);andrew.pinnell@kitchener.ca
2 - 20
Phone: 519 585 2255
eld Drive
Ð
David Galbraith, Planner
cation Report
Ð
Submitted to City of Kitchener
Waterloo ON N2L 3V3 Canada
Address: 410 Albert Street, Suite 101
Fallow
City of Kitchener
& Urban Design Brief
Project Contact: Thomas Hardacre, MCIP RPP
Blocks 2 & 3, 58M-520
Planning Justi
2 - 21
ces located
Ð
strategically across the United States, Canada, Europe, the Middle East and Asia.
Urban Land, Facilities, Transportation and Systems. We provide services from of
IBI Group is a multi-disciplinary consulting organization offering services in four areas of practice:
2 - 22
cation....................................................................44
fi
ions .........................................................................42
Applicat
tion ..........................................................................................................4
1. Introduc2. Policy and Design Framework .............................................................................83. Development Concept ........................................................
...............................164. Design Vision and Objectives ...........................................................................335. Site Design .........................................
...............................................................366. Required Planning7. Zoning By-Law Amendment Justi8. Conclusion ..................................................................
.....................................47
Table of Contents
2 - 23
ve-storey
Ð
ect comments
Ñ
cally applicable to the City’s planned
Ð
c approval to allow for an increased
Ð
c Zoning regulation, the applicant is seek-
ect changes made to the Site Plans from
Ð
Ñ
c regulations for this portion of the site to allow for
Ð
eld Drive in the City of Kitchener. The location of
Ð
cation Report has been prepared by IBI Group on behalf of the applicant, Drewlo Holdings
Ð
cation for the proposed Zoning By-Law Amendment and describes how the proposed development has been designed
Ð
1.0 Introduction Project Background This Urban Design Brief/Planning JustiInc., who have submitted a Zoning By-Law Amendment and two (2) Site Plan applications to allow for the development
of the prop-erties legally described as Blocks 2 and 3, Registered Plan 58M-520, on Fallowthe Subject Property is shown conceptually on Figure 1, on the following page.The applicant
is proposing to develop 225 residential units within seven (7) townhouse blocks (5 to 8 units each), one apartment building (66 units), and one eight-storey apartment building (116
units). A combined total of 335 surface and underground parking spaces are also proposed. To accommodate this development concept, the applicant is seeking Site Plan approval and a
Zoning By-Law Amendment from the City to re-zone Block 2 from R-6 to R-8. The proposed R-8 zoning will allow for increased height and Floor Space Ratios (FSR) con-templated by the two
(2) proposed multiple residential buildings on Block 2, and will provide a logical transition from the neighbour-ing twelve-storey apartment buildings. The applicant is also proposing
site-specia maximum building height of 27.5 m.As part of the Zoning By-law Amendment application, the applicant is also seeking site specipermitted FSR and a reduction in the amount
of parking required (to allow for 60 parking spaces, whereas 75 spaces are required by the Zoning By-Law) on the proposed townhouse block. Through the same site-speciing to allow for
stairs of up to 0.95 m in height within 3.0 m of the street line and to permit a maximum building height of 13.02 m, both of which are a result of site grading. This report has been
prepared to support the formal Zone Change and Site Plan applications proposed for the site. It sets out plan-ning justito meet the City of Kitchener’s policy and urban design framework,
including guidelines speciION (Rapid Transit) Station Stops. This report also provides a summary of the development concept proposed by the applicant and how the proposed design meets
the design objectives of the City of Kitchener. This report has been updated to rerecieved from City and agency staff through the development review process and to rethose originally
submitted.
2 - 24
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
4
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
5
Figure 1: Site Location
2 - 25
eld Drive in the City of Kitch-
Ð
eld Road (see Photo 1 on Figure 2). South of the
Ð
ce and commercial uses. North and east of the site, near the intersection of Courtland Road
Ð
cial Plan as within the boundaries of the Station Study Area applicable to the station stop. By
Ð
ed by the City of Kitchener’s Of
Ð
Site Location and Context The Subject Property is located at the southeast corner of the intersection of Block Line Road and Fallowener, east of Homer Watson Boulevard and west of the
CN and CPR railway corridor. The site is currently vacant and neighbours a variety of uses as shown on Figure 2, on the following page. Immediately east of the Sub-ject Property exist
four (4) twelve-storey apartment buildings which front onto Fallowsite exists a mix of single-detached dwellings, row townhouses and stacked townhouses, as shown on Photos 6 and 8 of
Figure 2.The Subject Property is also in close proximity to a number of commercial and industrial uses. A small commercial plaza is located at the round-about intersection of Homer
Watson Boulevard and Block Line Road, which features a coffee shop, gas bar, convenience store and a number of other small scale ofand Hayward Avenue, exist a number of industrial and
warehousing uses.The Subject Property is also located in close proximity to a number of institutional and recreational uses, including St. Mary’s Catholic High School (see Photo 5),
the Peter Hallman Baseball Diamonds (see photo 4) and the Activa Sportsplex (see photo 9), all of which are located north of the Subject Property. There are also natural areas near
the Subject Property, including Schneider Creek to the east, Balzer’s Road Trail to the south, Steckle Woods and Country Hills Park to the southwest, and Wilson Park to the northeast.
Additionally, immediately east of the Subject Property exists a stormwater management pond, with a perimeter walking trail surrounding it.It is also noted that the Subject Property
is located within a short distance of the planned Courtland-Blockline Line ION Station Stop and is identi2017, the Regional ION transit system is planned to be in operation and will
stop at the intersection of Block Line Road and Courtland Avenue. The Subject Property is also in close proximity to a number of existing Grand River Transit bus routes, including Routes
11 and 8.
2 - 26
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
6
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
7
4.Peter Hallman Baseball Diamonds5.St. Mary’s Highschool6.Row Townhouses7.Commercial Plaza
Figure 2: Neighbouring Uses
8.Stacked Townhouses
3.CN/CPR Railway Corridor
9. Activa Sportsplex (Recreation)
2.Stormwater Management Pond
1.Neighbouring twelve-storey apartments
10.‘Husky’ Gas Station
2 - 27
cial
Ð
cation where
Ð
cation target of 40% for the City of Kitchener.
Ð
ce, and community uses densities to support existing
Ð
cial Plan sets out policies guiding development within this area,
Ð
ce, institutional and commercial development, wherever appropri-
Ð
cation and redevelopment for the creation of new residential units, at
Ð
cation opportunities with the intent of curbing sprawl across the region.
Ð
ll and intensi
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ll development to occur to support the limits of the urban boundary. Redevelopment within the Built-Up Area
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cial Plan
Ð
cial Plan sets out the policy framework directing growth and change in Waterloo Region to 2031. The Regional Of
Ð
es the subject property as being located within the Urban Boundary and Built-Up Area of the City of Kitchener, as shown on
Ð
2.0 Policy and Design Framework Provincial Policy Statement The Provincial Policy Statement, 2014 (PPS) came into effect on April 30, 2014 and applies to all development applications
submitted under the Planning Act on or after this date. The PPS promotes the building of strong and healthy communities, and encourages an appropriate mix of land uses at different
intensities. The PPS also supports transit-supportive development and intensiappropriate. The development proposes a range and mix of housing options at densities which support the
planned transit in the area and implements the PPS.Growth Plan for the Greater Golden Horseshoe The proposed development also complies with the Provincial Growth Plan for the Greater
Golden Horseshoe. The Growth Plan came into effect in 2006 and provides land use planning policy direction across the Greater Golden Horseshoe area of Ontario. The Growth Plan provides
policies to support the revitalization of downtowns, create complete communities, provide housing options to meet vari-ous needs, and to support inAn overarching theme of the Growth
Plan is to encourage intensia higher density than currently exists. Through increased densities, the Growth Plan encourages increased transit ridership and pe-destrian-friendly built
environments. The Growth Plan sets a minimum residential intensiThe Growth Plan also directs that development within 800 metres or a 10 minute walk of a major transit node, such as
the planned ION Station Stop are to be planned to provide a range of residential, commercial, ofand planned transit service.Regional Of The Regional OfPlan identiFigure 3 on the following
page. This designation promotes growth and regeneration in areas where infrastructure is existing and allows for higher density and inshould be planned to promote stronger transit and
pedestrian oriented development with increased densities.The Subject Property is also located within the limits of Central Transit Corridor Environmental Assessment Study Area, and
is within the Courtland-Blockline Major Transit Station Area. The Regional Ofproviding that these areas will be planned and developed to achieve increased densities that support and
ensure the viability of existing and planned rapid transit service levels; and a mix of residential, ofate.
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
2 - 28
8
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
9
Km
LEGEND
Railway
Municipal Boundary
Region of WaterlooInternational Airport
River
Provincial HighwayRegional Road
0.5
012
Sources: Region of Waterloo, Ministry ofEnergy and Infrastructure
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CorridorEnvironmental AssessmentStudy AreaPlanned Highway 7Region of WaterlooInternational Airport T
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A Subject Property
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Figure 3: The location of the Subject Property shown on Map 3a of the Regional Of
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2 - 29
A pedestrian-friendly environ-
An environment in which people
cient and Effective City Services.
Ð
Walking is a proven method of promoting
ected in the proposed site plan, which encourages acces-
Ñ
ve strategic priorities, being: Open Government, Strong and
Ð
Personal and Community Safety: feel safe and comfortable walking, increases community safety for all.Health and Well-Being: personal health and well-being. Community Cohesion and Vitality:
ment, encourages and facilitates social interaction and local eco-nomic vitality.” Source: City of Kitchener Pedestrian Charter
City of Kitchener Strategic Plan The City of Kitchener’s Strategic Plan (2015-2018) sets out City Coun-cil’s commitment to improve the quality of life for citizens of Kitchener, based
on Resilient Economy; Safe and Thriving Neighbourhoods; Sustainable En-vironment and Infrastructure; and EfThe proposed development is consistent with the priorities set out in the
Strategic Plan as it supports the development of a range of housing types to meet various housing needs, will result in a safe and thriving neighbourhood, and will promote walkability
and transit ridership in the area.
Walking relies on human power
cient and Effective
Ð
Open Government Strong and ReliantEconomySafe and Thriving NeighbourhoodsSustainable Environment and InfrastructureEfServices
Walking is a free and direct means of accessing
Walking is the only mode of travel that is universally
c medical conditions to travel independently.
Ð
fordable, and allows children and youth, and people with
“To ensure walking is a safe, comfortable and convenient mode of urban travel, the City of Kitchener respects the following principles:Accessibility:local goods, services, community
amenities and public tran-sit.Environmental Sustainability:and has negligible environmental impact.Equity:afspeci
Figure _: City of Kitchener Strategic Plan Strategic Priorities
City of Kitchener Pedestrian Charter The proposed development also meets the goals and objectives of the City of Kitchener’s pedestrian charter. The development is in close walking distance
to a number of commercial uses, as well as a planned ION Station Stop, at the corner of Block Line Road and Courtland Avenue. Pedestrian movement and access was considered and resibility
and walkability in and throughout the site.
2 - 30
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
10
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
11
cial Plan as the development propos-
Ð
cial Plan also directs that a strong focus shall
Ð
cial Plan.
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cial Plan directs that a Floor Space Ratio to a maximum of 2.0 shall be applied, and
Ð
cial Plan designates the Subject Property ‘Medium Rise Residential’. While multiple residen-
Ð
cial Plan (In-Effect)
Ð
cial Plan also directs that the net residential density of the Medium Rise Residential land use designation shall range from
Ð
City of Kitchener Of The City of Kitchener’s in-effect Oftial is intended to be the predominant housing form permitted in this designation, the designation is intended to accommodate
a range of different housing types to meet an medium overall intensity of use. The Ofbe placed on the creation of links for pedestrians and cyclists within the designation.The Of26
to 200 units per hectare. Further, the Ofthat no residential building shall exceed eight storeys at street level.The proposed development concept, conforms to the standards set out
in the in-effect Ofes a range of housing types (i.e., townhomes and multi-unit apartments) at different intensities. The development also enhances pedestrian connections within the
site and to the surrounding area. Further, all buildings proposed do not exceed the permitted eight storey heights and the Floor Space Ratios for both Blocks (1.41 for Block 2, and
0.52 for Block 3) are within the permitted ratios set out in the Of
2 - 31
.
.
cial Plan Land Use Designations
Ð
Subject Property
Subject Property
Figure 5: Major Transit Station Area
Figure 4: Kitchener Of
ed Major Transit Sta-
Ð
cial Plan discourages
Ð
cial Plan, as shown on Figure
Ð
cial Plan provides that this
ows.
Ð
Ñ
c
Ð
cial Plan: Council Adopted
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cial Plan. Section 15 D of the Of
Ð
cial Plan provides that the net residential density for Medium Rise
Ð
City of Kitchener Of As shown on Figure 4, right, the Subject Property is designated ‘Medium Rise Residential’ on Map 3 of the City of Kitchener’s Council-ad-opted Ofdesignation is intended
to accommodate a range of medium density hous-ing types including townhouse dwellings in a cluster development, multiple dwellings, and other types of innovative forms of housing to
achieve and maintain a medium-rise built form. The OfResidential designated lands will range from 30 to 200 units per hectare, with a Floor Space Ratio ranging from 0.6 to 2.0. As noted
previously, the proposed Block 2 will have a Floor Space Ratio of 1.41, and Block 3 will have a Floor Space Ratio of 0.69.The Subject Property is also located within an identition Area
(MTSA) on Map 2 of the City’s Of5. The planned function of MTSA’s is to support transit through develop-ment, provide connectivity for various modes of transportation, achieve a mix
of uses, and to have streetscapes and a built form that is pedes-trian-friendly and transit-oriented. Further, the Ofnon-transit-supportive uses, and directs that vehicular access
points will be controlled to minimize disruption to trafIt is also noted that the City, as part of its Planning Around Rapid Transit Stations (PARTS) planning exercise, intends to create
a station study area plan for the Block Line - Courtland Station Study Area, which includes the Subject Property. Work on this plan is anticipated to begin in 2016, with completion
anticipated for 2018. Until then, all development within this area is subject to the interim policy framework for MTSA’s as set out above.
2 - 32
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
12
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
13
able places, structures
Ð
cial Plan
Ð
cial Plan Urban Design Objectives
Ð
Kitchener Of 11.1.1. To support and achieve a high standard of urban design in order to help create a complete and healthy community that is safe, attractive, thriving, innovative
and inclusive in which to live, work and interact.11.1.2. To create visually distinctive and identi and spaces that contribute to a strong sense of place and com munity pride, a
distinct character and community focal points.11.1.3. To create a built environment of human scale that respects and enhances cultural heritage resources, natural heritage features,
community character and streetscape.11.1.4. To design individual site elements, buildings, structures and spaces to have mutually supportive relationships with one another and
with the overall urban fabric and interrelated net works and systems.11.1.5. To minimize and mitigate potential adverse impacts of development and infrastructure works on surrounding
land uses, the built and natural environments, the integrated transportation system and infrastructure through careful design considerations and solutions.11.1.6. To create a
safe, secure and walkable community dedicated to pedestrian activity.11.1.7. To promote and recognize excellence and innovation in architecture, urban design, sustainable building
design and landscape design.11.1.8. To encourage and support the provision of public art in private and public developments.
Source: City of Kitchener Of
nes the
Ð
cial Plan also pro-
Ð
cial Plan provides that
Ð
cial Plan and Urban De-
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cial Plan.
Ð
cial Plan also sets out policy direction with
Ð
cial Plan sets out policy direction to imple-
Ð
cial Plan, the City has adopted its Urban Design Manual
Ð
Section 11 of the Ofregard to Urban Design including the highlighted objectives at the right.In particular, the Ofment its Urban Design objectives through Community Design; Neighbourhood
Design; Site Design; and Building, Massing a Scale design. These policies are structured in a hierarchal order and are to be read in their entirety to ensure cohesive design from the
building to community scale. With regard to site development, the Ofthey are to be designed to enhance the site itself, buildings, open spaces and the streetscape. The Ofvides that
buildings should be designed to reinforce a human scale, create attractive streetscapes and contribute to the devel-opment of rich and vibrant urban places.To implement and achieve
the Urban Design vision set out in the Ofwhich provide guidelines that corresponds with and redirection set out in the OfA description of how the proposed development concept meets
the urban design objectives of the Ofsign Manual is provided in the following sections.
2 - 33
c relief from the Zoning
Ð
c relief from the Zoning By-Law to allow
Ð
spaces proposed, whereas 75 are required);street line;est grade elevation) of 13.02 on the townhouse block; and,este grade elevation of 27.5 m on the apartment block.
Figure 6: Site Zoning
We also note that the townhouse portion of the site is proposed to feature a total FSR of 0.69. To account for this, the applicant is proposing site-specifor this additional FSR.The
applicant is also seeking site-speciBy-Law to:• Permit a reduction in parking on the townhouse block (60 • Allow for stairs (up to 0.95 m in height) within 3 m of the • Permit a maximum
building height (measured from the low-• Permit a maximum building height (measured from the low-
ve and eight
Ð
Min. Rear Yard: 7.5 mMax. Height: 10.5 mMax. FSR: 0.6
oor residential units have a private pa-
Ñ
cient and appropriate to implement the development concept
Ð
City of Kitchener Zoning By-Law The entirety of the Subject Property is currently zoned Residential Six (R-6) by the City of Kitchener’s Zoning By-Law, as shown on Figure 6, right.The
R-6 Zoning applicable to the site permits a range of uses includ-ing lodging houses, multiple dwellings, home daycares, residential care facilities, semi-detached dwellings, duplexes,
single-detached dwellings and street townhouse dwellings. For multiple dwellings, such as those proposed, the Zoning By-Law sets out the following regulations and zone standards:Min.
Lot Width: 15 mMin. Front Yard: 4.5 mMin. Side Yard: 2.5 mThe By-Law also requires a minimum landscaped area of 20%, and requires that all ground tio area. As noted previously, the
applicant is requesting a Zoning By-Law Amendment to allow for the development of a storey building on Block 2 of the site, which exceed the maximum height and Floor Space Ratio permitted
by the R-6 Zoning. At the recommendation of City Planning Staff, the applicant is proposing that the R-6 Zoning applicable to Block 2, be changed to Residential Eight (R-8).Of note,
the proposed R-8 Zoning will allow for FSRs between 0.6 and 2.0, and allows for building heights of up to 24 m, which are sufproposed by the applicant. We note that although the R-8
zoning would allow for a max FSR of 2.0, our client is only seeking approval to allow for a FSR of 1.42.
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cial Plan (both in-effect and Coun-
Ð
ve storey apartment building. A sec-
Ð
ve and eight storey buildings. Vehicular access to the
Ð
cally, the applicant is proposing to develop 225 resi-
Ð
ve-storey apartment building (66 units), and one eight storey
Ð
cial Plan, the City of Kitchener Of
Ð
eld Drive) in the City of Kitchener. Speci
eld Drive, in between townhouse Block 1 and the proposed
Ð
Ð
3.0 Development Concept The applicant, Drewlo Holdings Inc., in conjunction with their consulting team, have developed a vision for the Subject Property that meets the goals, objectives
and criteria set out in the Regional Ofcil-Adopted), City of Kitchener Zoning By-Law, and the Urban Design Guidelines inclusive of the PARTS Urban Design Guidelines.As shown on the
proposed Site Plans (Figures 7a and & 7B, on the following pages), the applicant is proposing to develop Blocks 2 and 3 of Registered Plan 58M-520 (Fallowdential units within seven
townhouse blocks (5 to 8 units per block), one apartment building (116 units). The development will feature 335 parking spaces (60 on Block 3, and 275 on Block 2). Of these, 182 parking
spaces will be provided underground, all of which will be located on the Block 2 portion of the site. The site will also feature 68 visitor parking spaces. Further, the site will feature
two loading/move in areas located adjacent to the proposed site will be exclusively through Fallowondary access for emergency vehicles is also provided on-site, between townhouse Blocks
3 and 4.The site has also been designed to feature extensive areas for open space and landscaping. As shown on the Concept Site Plans, the site is proposed to feature approximately
12,960 square metres of landscaped open space. The following sections provide additional details of the proposed development.
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Figure 7a: Concept Site Plan (Townhouse Block)
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Figure 7b: Concept Site Plan (Apartment Block)
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cation for the proposed amendment
Ð
ve storey apartment and an eight storey apartment on Block 2 of the site, The combined build-
Ð
ve story building
Ð
Figure 8: North view of proposed
Block 2: Five & Eight Storey Apartment Buildings The applicant is proposing to develop a ing area for the Block is proposed to be 2,730 m which represents a lot coverage of 20.68%. The
buildings will have a combined Floor Space Ratio of 1.41. Combined the two buildings will feature 55 one bedroom suites and 127 two bedroom suites. 275 parking spaces are proposed on
site, 183 of which are proposed underground. 57 of these spaces will be dedicated visitor parking spaces. Perspec-tives and elevations for the proposed apartment buildings are included
as Figures 8-12.Both buildings will feature balconies overlooking the street and interior areas of the development. These balconies activate the buildings and provide “eyes on the street”
to the street, landscaped areas and parking areas below. To accommodate the proposed development, the applicant is requesting a Zoning By-Law amendment to change the zoning for Block
2 from its current R-6 zoning to R-8. This Zoning By-Law amendment is required as the proposed development will exceed the 10.5 m height (27.5 m proposed) and maximum Floor Space Ratio
(0.6) permitted of the R-6 zoning. Justiis found in Section 6 of this Report.
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Figure 9(a): Five story building east elevations
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Figure 9(b): Five story building south elevations
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Figure 9(c): Five story building north elevations
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Figure 9(d): Five story building west elevation
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Figure 10: Front view of proposed eight storey apartment building (looking north)
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Figure 11: Rear view of proposed eight storey apartment building (looking south)
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Figure 12(a) : Eight storey apartment building east elevations
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Figure 12(b) : Eight storey apartment building north elevations
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Figure 12(c) : Eight storey apartment building west elevations
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Figure 12(d) : Eight storey apartment building south elevations
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Figure 13: Townhouse units
eld Drive
Ð
Block 3 (Seven Townhouse Blocks)The applicant is also proposing to develop Block 3 of the site to accommodate seven blocks of townhouses, as shown on Figure 13, below. In total 43 townhouse
units are proposed, which will either be three (3) or four (4) bedroom units in size.The site will feature of mix of townhouse styles, including two-storey traditional units, two-storey
split level units, and three-storey units. This mix of units is shown on Figure 13, below. The units will have a maximum building height of 13.02 m, meaured from the lowest grade. Block
3 will also feature a total of 60 parking spaces, 17 of which will be dedicated visitor spaces. The Block will also feature 6,251 square metres (or 51.9%) of landscaped open space.All
units located along Fallowwill feature private walkways from the main entrance of their units to the City sidewalk. These walkways will enhance the pedestrian scale of the neighbour-hood
and provide convenient pedestrian access for residents and their guests. Townhouse Blocks 5-7 will back onto a landscaped area. Many of these units are proposed to have second storey
decks overlooking the area. The following pages include various ren-derings and elevations of the proposed townhouse blocks from different perspec-tives.
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Figure 14: Aerial view of townhouse blocks
E
V
I
R
D
D
L
E
I
F
W
O
L
L
A
F
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Figure 15: Townhouse Elevations
ABC
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Figure 16: Urban Design Word Cloud
eld Drive will encourage pedes-
Ð
cial Plan sets out the City’s vision for Urban Design: to create a safe, attractive, stimulating, acces-
Ð
4.0 Design Vision and Objectives Part 2.6 of the City of Kitchener’s Ofsible, and barrier free environment in which to live and work. This section describes how the proposed development
meets the urban design principles and objectives by the City, as set out in Part A of the City’s Urban Design Guidelines, to implement this vision: func-tion, order, identity, appeal
and built form. Function The proposed development aims to create an accessible, safe and usable environment for all users, and proposes a variety of housing types designed to meet a
range of housing needs. Through a mix of townhouse units and apartment units, the development will offer units ranging in size from one to four bedrooms, which will cater to a broad
spectrum of resi-dents and families. The development will also encourage a range of multi-modal transportation options and sup-port transit ridership. The medium density nature of the
development combined with its close proximity of the site to planned future ION rapid transit service, major roadways and pedes-trian and cycling trails allows for a range of transportation
options for future residents and their guests alike. The site will feature extensive bike parking facilities, including 40 indoor bike storage spaces on the proposed apartment block.
Walkways directly from individual townhouse units to Fallowtrian activity along the street and help foster a neighbourhood feel. Likewise, a pedestrian ramp at the rear of the site
will provide residents easy access to Block Line Road and the LRT stop which will be about 600 m from the site. The development also encourages environmental sustainability by providing
extensive land-scaped open space, which represents over 50% of the total site area.
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ve
Ð
eld Drive, which will create a safe and
Ð
ve storey building overlooking the street.
Ð
c environment which encourages pedestrian safety. Parking for the
Ð
eld Drive opposite Treeline Place. This supports the orderly movement
Ð
Figure 17: Surface parking and vehicular movement
eld Drive and the surrounding area. As shown on the Figure17, below, the development proposes four
ve storey apartment building which will have frontage onto Fallow
Ð
Ð
eld Drive and supports a pedestrian-friendly environment along the street. It is also noted that the parking for the eight and
cient use of land and limits the
Ð
c in and throughout the site, resulting in a predictable traf
Ð
Ð
storey buildings will largely be pro-vided underground, which supports the efamount of surface parking required. Figure 17, right, shows the planned vehicular access and movement with-in
the site. The black dotted line illus-trates the planned vehicular access to the site and movement throughout. The red dotted line shows secondary emergency vehicle access for the site.Figure
17 also shows the location of surface parking on the site. The blue highlighted spaces are dedicated visi-tor parking spaces; and, the red high-lighted spaces are accessible spaces.
In addition to these spaces, dedicated parking spaces for townhouse resi-dents and a total of 186 underground spaces are proposed on site.
Order The proposed development has also been designed to create an orderly and understandable design pattern, which will enhance the streetscape design of Fallowblocks of townhouses
and a pleasant pedestrian environment. The buildings will provide ‘eyes on the street’ and create a dynamic street frontage with porches and walkways leading to the townhouse dwellings
and balconies on the The development has also been designed to limit vehicular access points from municipal streets. All vehicular access to the site will be through the entryway at
the south of the site along Fallowof traftownhouse dwellings is proposed behind the buildings and away from the street. This limits the number of vehicular access points from Fallow
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Built Form The proposed development has been designed to provide a compatible built form, which complements the existing neigh-bourhood and the planned function of the area. As noted
previously, the Concept Site Plan envisions a mix of residential densities, provided in townhouses and apartment buildings on-site. This mix of housing options is indicative of the
existing neighbourhood, as both low density and high density housing exists immediately adjacent to the site.The medium-high density development proposed on site also supports the planned
ION Station Stop to be located at the inter-section of Courtland Avenue and Block Line Road.Figure 18: Housing options
ve storey build-
Ð
eld Drive will create a dynamic front-
Ð
ve storey apartment building and
Ð
eld Drive and all parking for the site will
Ð
ts well into the surrounding area, and builds
Ð
ve storey buildings will provide a transition (in
Ð
able environment.
Ð
Appeal and Identity The development has also been designed to create an appealing and identiThe development proposes a mix of housing choices at different scales. As noted previously,
the development will include an eight storey apartment building, a seven townhouse blocks. The townhouse units (three and four bed-room units) are lower intensity forms of housing.
This type of housing upon to the existing character of the neighbourhood which already has a mix of low to high density housing options. The location of the proposed eight and terms
of height and density) from the adjacent twelve storey apart-ment buildings located east of the site to the lower density town-houses proposed on Block 3 of the site. This will result
in an attrac-tive and diverse streetscape with gradual changes in density. As previously mentioned, the townhouses and the ing will front onto Fallowbe set away from the street. This
will help to create a vibrant and active street frontage and enhance the public realm.The building materials also used in this design will also add to the identity and appeal of this
development. The apartment towers, for instance, will feature a mix of glass, brick and paneling which re-sults in a unique facade. Further, the walkways to the proposed townhouse blocks
and the balconies fronting onto Fallowage along the street and facilitate a safe pedestrian environment by providing ‘eyes on the street’.
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SOD
FINE,
TOPSOIL,
MIN. 150mm
GRADE AND
SOD
FINE,
TOPSOIL,
MIN. 150mm
GRADE AND
CONTINUOUS MULCHED BED
CONTINUOUS
CONTINUOUS MULCHED BED
MULCHED BED
PERGOLA
L5
D7
PAINTED LINES ON ASPHALT
REFER TO ARCH DWG.
EXISTING TREES TO REMAIN
PERGOLA
nalized as part of the
BENCH (2) ON
Ð
CONTINUOUS
CONCRETE PAD
MULCHED BED
L5
D7
REFER TO ARCH DWG.PAINTED LINES ON ASPHALT
BENCH ON
TOT LOT
CONCRETE PAD
PROPOSED
TYP. INSTALLATION
PLANS FOR RAMP DETAILS)
L5
D7
1.5m WIDE C.I.P. CONCRETE WALKWAY
WITH STAIRS AND RAMP (REFER TO ENG
PAINTED LINES ON ASPHALT
0.2-0.59m HIGH
RETAINING WALL
BENCH (2) ON
REFER TO CIVIL DWG.
CONCRETE PAD
CONTINUOUS
CONTINUOUS
MULCHED BED
MULCHED BEDS (TYP.)
TOPSOIL AND SEED
WETLAND SEED MIX
DISTURBED AREAS WITH
UPLAND SEED MIX
TOPSOIL AND SEED
DISTURBED AREAS WITH
HIGH C/W RAILING
REFER TO CIVIL DWG.
RETAINING WALL 0.2-1.5M
CONTINUOUSMULCHED BED
RELOCATED TREES (02 & 09)
DEEP WELL GARBAGE
PAINTED LINES ON ASPHALT
CONTINUOUSMULCHED BED
CONTINUOUSMULCHED BED
CONTINUOUSMULCHED BED(TYP).
Figure 19: Landscape Plan
20
CONTINUOUSMULCHED BED
Landscape Design Figure19, above, shows the preliminary Landscape Plan for the site. As shown on the Concept Site plan, an extensive amount - over 50% of the total lot area - is dedicated
landscaped open space. The plan includes a large landscaped area at the north edge of the site adjacent Block Line Road, a central landscaped area between the two proposed apartment
towers which will include a playground / tot lot, and extensive tree planting throughout the site. The Landscape Architect for the project has addressed the guidelines of the City of
Kitchener Urban Design Manu-al for the site design as part of the Site Plan application process. This will include ensuring that the landscaping provides for unobstructed visibility
into the building entrances, signage and public spaces.
eld Drive.
Ð
eld Drive, which will support the
Ð
5.0 Site Design The Concept Site Plan has been designed to meet the criteria set out in Section C of the City’s Urban Design Guidelines. This section of the report provides a high-level
overview of the proposed site design. Additional details will be provided and Site Plan application process, in consultation with City staff. Walkability and Pedestrian Circulation.The
proposed development will encourage tran-sit ridership and support walkability. The site is located in close proximity to the planned Court-land-Blockline ION Station Stop and will
feature pedestrian connections (walkways) at the north and south sides of the site. Private walkways arealso proposed to each townhouse unit located along Fallowdevelopment of a neighbourhood
streetscape and allow easy access to the street.The site has also been designed to minimize pe-destrian and vehicular crossings on site, and has been designed to provide one vehicular
access point to the site from FallowThe location of the proposed development also al-lows for convenient access to major destinations in the city. The site is located adjacent to Block
Line Road, which provides a link to Courtland Avenue to the east and Homer Watson Boulevard to the west. These corridors are provide access to major destinations (e.g., Downtown Kitchener,
Fairview Park Mall). The site is also located in close proximity (walking distance) to a number of employment, institutional and recreational uses which positions the develop-ment within
a live-work-play community.
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ve-sto-
Ð
nalized in the
Ð
cient lighting, avoiding en-
Ð
eld Drive, supporting the pe-
Ð
rmed as part of the Site Plan pro-
Ð
c number to be con
Ð
of a range of building materials (with differentiation at the ground-level), street and rear-facing balconies and covered building entryways. The proposed apartment buildings will also
feature extensive underground parking (186 spaces). By locating much of the required parking underground, the site design minimizes the need for surface parking, and reduces the overall
impervious area of the site.Safety and SecurityThe proposed development has been designed with safety and security in mind. The orientation of the proposed rey apartment building and
townhouse blocks will provide “eyes on the street” over Fallowdestrian scale of the neighbourhood. Likewise, the balconies proposed on the apartment buildings will overlook the street,
landscaped area and central surface parking. The Landscape Plan, to be developed as part of the Site Plan process, will consider safety elements in the design of the site. This will
include ensuring suftrapment areas and blind spots, and clearly delineated pedes-trian routes.AccessibilityThe Concept Site Plan has also been developed with barri-er-free accessibility
in mind. This includes barrier-free parking spaces (4 ground level) and accessible dwelling units (the specicess). Barrier-free walkways will also be provided between all barrier-free
entrances, parking spaces, loading areas, munic-ipal sidewalks and outdoor amenities (to be Site Plan process)Shadow Study A shadow study has been prepared in support of the proposed
application, which shows minimal shadow impacts on the sur-rounding neighbourhood (as shown on the following pages).
t
Ð
ed by
Ð
ect a pedestrian scale,
Ñ
nalized at this stage in the
Ð
ve (5) storey apartment building, an
Ð
eld Drive will be street-facing and will be setback
Ð
Blue Grey Glass PanelsRamezay Grey (Permacon Brick)Pendulum PanelsStone Grey PanelsSilver Shore PanelsGrey Star Panels
Building Materials:While building materials have not been planning process, a preliminary list of material has been identithe applicant for the apartment block. These materials include:
blue/grey glass panels, grey brick, and various shades of paneling (as shown below) for the apartment buildings and brick and vinyl paneling for the townhouses. All details and building
materials will be determined through the Site Plan Approval Process. Building DesignAs noted previously, the proposed development will feature a mix of housing types. This will include
a eight (8) storey apartment building and 43 townhouse units. The buildings have also been designed to rethrough appropriate setbacks and massing techniques. The townhouse units along
Fallowapproximately 7 m from the street. Each of these units will feature pri-vate walkways which will encourage pedestrian movement to and from the units. Most of these units will
be south-facing units which will benefrom prolonged day-lighting.The apartment buildings will also feature numerous features to foster the pedestrian environment. This includes a building
facade composed
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10:00 AM 4:00 PM
stst
March 21March 21
1:00 PM
8:00 AM
st
st
March 21
March 21
Figure 20: Shadow Study (March)
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10:00 AM 5:00 PM
stst
June 21June 21
8:00 AM 1:00 PM
stst
June 21June 21
Figure 21: Shadow Study (June)
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10:00 AM10:00 AM10:00 AM 4:00 PM 4:00 PM 4:00 PM
stststststst
September 21September 21September 21September 21September 21September 21
1:00 PM 1:00 PM 1:00 PM
8:00 AM 8:00 AM 8:00 AM
ststst
ststst
September 21September 21September 21
September 21 September 21 September 21
Figure 22: Shadow Study (September)
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12:00 PM
st
December 21
3:00 PM
9:00 AM
st
st
December 21
December 21
Figure 23: Shadow Study (December)
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In order to allow for this, the applicant is proposing to convey a portion of Block 2 to Block 3 through consent / severance appli-cation. This application has been submitted to the
City of Kitch-ener’s Committee of Adjustment.Plan of Condominium ApplicationTo allow for the sale of individual townhouse units, the applicant intends to submit a Plan of Condominium
application for this portion of the site. We note that our client intends to maintain the apartment build-ings as rental units. Accordingly, it is not anticipated that a Plan of Condominium
application will be submitted for the proposed apartment block.Shared Access / Driveway EasementAs noted previously, vehicular access to the townhouse block and the apartment block
will be provided through a shared drive-way. To allow for this, it is expected that a shared access ease-ment will be required to allow for users of both blocks to use this common entrance.
It is expected that a similar agreement will be required with regard to pedestrian connections (i.e., interior sidewalks and pedestrian ramps). This shared access easment has been requested
through a consent / severance application which has been submitted to the City of Kitchener’s Committee of Adjustment.Timing of DevelopmentThe applicant intends to develop the townhouse
and apartment blocks concurrently.
gure, part of ex-
Ð
c regulations for Block 3 and Part of
Ð
gure on the following page illustrates details of the proposed
Ð
the apartment development of this portion of the site and to allow for a FSR of 1.41;the lowest grade elevation) on the apartment block;Block 2 to allow for a parking reduction (60 spaces
proposed, whereas 75 are required), allow for a FSR of 0.69, permit a maximum building height of 13.02 m (measured from the low-est grade elevation, and permit stairs of up to 0.95
m in height within 3 m of the property line.
6.0 Required Planning Applications In order to accommodate the proposed development, various land use planning applications will be required, including: a Zoning By-Law Amendment application,
Consent / Severance application, and a Plan of Condominium Application. Details of these applica-tions are provided as follows.Zoning By-Law Amendment ApplicationThe applicant is proposing
a Zoning By-Law Amendment to:• Re-zone Part of Block 2 from R-6 to R-8 in order to allow for • Allow for a maximum building height of 27.5 m (measured from • Implement site-speciTheZoning
By-Law Amendment application.Consent / Severance ApplicationAs shown on the Zoning By-Law Amendment isting Block 2 is proposed to be developed in conjunction with Block 3 to accommodate
the proposed townhouse development.
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N
1.4
0.74
PROPOSED
SPACES/UNIT
R-6
R-6R-8
1.23 ha.
1.30 ha.
0.60
1.75
REQUIRED
SPACES/UNIT
PORTION OF BLOCK 2
PARTS 2 & 3: BLOCK 3 &
PART 1: PORTION OF BLOCK 2
(PROPOSED APARTMENT BLOCK)
(PROPOSED TOWNHOUSE BLOCK)
AREA EXISTING ZONING PROPOSED SITE-SPECIFIC REGULATIONS: a) FLOOR SPACE AREA b) PARKING REQUIREMENT
AREA EXISTING ZONING PROPOSED ZONING
Figure 24: Zone Change Figure
2 - 63
cation
Ð
cial Plan and the Region-
Ð
c along Block Line, toward the
Ð
cial Plan which guides development in and around planned
Ð
While a Station Study Area Plan has not yet been prepared for the Block Line – Courtland Station Area, the proposed development has been planned to be supportive of the planned rapid
transit service, in accordance with the interim policy guidance set out in Section 3.C of the City of Kitchener’s Ofal OfION station areas.The proposed Zoning By-Law Amendment will
result in higher residential densities within a ten minute walk of a planned ION station stop and is also within close walking distance to a number of commercial uses located along
Block Line. The development has also been designed to limit the amount of surface parking on the site, with Block 2, for instance, proposing to have 186 of its parking spaces located
underground. Further, the development has also been designed to limit vehicular access points, with no vehicular access proposed along Block Line. This will support the movement of
trafplanned ION Station Stop at Courtland.The proposed development has also been designed to facilitate pedestrian movement, both throughout the site and towards the planned ION Station
Stop. As noted on the proposed Site Plan, a 1.8 m wide sidewalk is provided at the northern portion of the site, which will allow for easy access to the site from Block Line and more
direct access to the planned ION Station Stop.
cial
Ð
Plan. This
cial Plan.
Ð
cial
Ð
cation for the
Ð
Plan
Additionally, the Subject
cial
Ð
cial Plan provides that no building will
Ð
ed as being within the Recommended
Ð
cial Plan also provides that the net residential density
Ð
7.0 Zoning By-Law Amendment Justi This section of the Report sets out planning justiproposed Zoning By-Law Amendment, as detailed in the previous section.Conformity with the City of
Kitchener OfAs mentioned previously, the Subject Property is designated Me-dium Rise Residential by the City of Kitchener Ofdesignation is intended to accommodate a range of medium
den-sity housing types including townhouse dwellings in a cluster de-velopment, multiple dwellings, and other types of innovative forms of housing to achieve and maintain a medium-rise
built form. The Offor Medium Rise Residential designated lands will range from 30 to 200 units per hectare, with a Floor Space Ratio ranging from 0.6 to 2.0. Further, the Ofexceed 8
storeys or 25 metres in height at its highest grade ele-vation. The proposed maximum building height (eight storeys at street level) and Floor Space Ratio (1.41) conform to the OfPlan
requirements applicable to the Medium Rise Residential land use designation. Likewise, the proposed FSR of 0.69 for the town-house block is within the permitted FSRs of the OfTransit
Supportive Development As noted previously, the Subject Property is located within close proximity (within 800 m) of the planned Block Line – Courtland ION Station Stop, located east
of the site. Property has been identiFocus Area of the Block Line – Courtland Station Study Area as determined by the City of Kitchener’s Planning Around Rapid Transit Stations (PARTS)
planning exercise.
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45
ve
fect
Ð
icts.
Ñ
cial Plan
Ð
ve storey buildings, for
Ð
ferent densities. The proposed Zoning
cant portion (approximately 50% of the total lot area) of ective and considerate of neighbouring uses and will
ÐÑ
ve-storey apartment building and townhouses. These units
Ð
Compatible and Supportive of Neighbouring UsesThe Subject Property is located in close proximity to a range and mix of uses provided at difBy-Law amendment will result in development
which is compatible and supportive of this diversity of uses. Further, the development does not propose a use that is uncharacteristic of the surrounding area, and as such is not anticipated
to generate land use conIt is noted that the proposed eight and which the proposed Zoning By-Law amendment is required, are lo-cated between a block of existing twelve storey multiple
residential buildings and the proposed two storey multiple residential buildings as shown on Block 3 of the proposed Site Plan. The eight and storey buildings will serve as a transition
between existing high den-sity developments east of the site and lower density developments proposed on the west of the site.Range and Mix of Residential DensitiesAs noted previously,
the proposed development will feature a mix of residential building types including an eight-storey apartment build-ing, a will include suites feature one to four bedrooms.This range
and mix of residential densities is supportive of the planned function of the Medium Rise Residential Ofdesignation applicable to the site, and provides a range of housing choices at
different levels of affordability. Ample Landscaped Area ProvidedAlthough the proposed Zoning By-Law Amendment proposes higher residential densities than currently permitted by the
in-efZoning applicable to the site, the Development Concept proposes that a signithe site will be landscaped. The landscaped area proposed greatly exceeds that required by the City
(i.e., 20%). This landscaped open space is recreate a pleasant environment for residents and passersby alike.
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cial Plan and Regional Of
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Plan
cial
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. This reduction of 15 spaces applies only to the townhouse
ow visitor parking demand from Block 3.
Proposed Parking Reduction Minor in Nature and in Keeping with the Intent of the OfAs noted previously, the applicant is proposing 60 parking spaces on Block 3 of the site, whereas 75
are required by the Zoning By-Lawcomponent of the overall development and can be considered minor as each dwelling unit would still have one dedicated park-ing space, and 15 visitor
available on this portion of the site. This equates to a 20% reduction in the amount of parking provided on this portion of the site.The reduced parking requirement can also be considered
minor in nature, given the proximity of the site to the proposed ION Sta-tion Stop. The City of Kitchener Ofcial Plan both provide that station areas should be developed to be transit-supportive,
and provide that parking standards can be reduced in these areas. This proposed parking reduction can also be considered minor, as there is a surplus of parking on Block 2 of the site
(275 spaces provided, whereas 273 are required). It is anticipated that the sur-plus of visitor parking on Block 2 could accommodate any over-Ñ
cient use of the site, as well as the neighbour-
Ð
cient Servicing Capacity
cient services exist for the proposed development.
Ð
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cient Use of the Land
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EfAs described in this report, the Concept Site Plan has been de-signed to make efing amenities (i.e., commercial uses, schools, recreational facili-ties and transit station). The result
of this design will be a walkable and transit-friendly residential community with access to a range of services. SufSite servicing (stormwater, water, and sanitary) studies have been
undertaken in support of this application and demonstrate that suf
URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
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URBAN DESIGN BRIEF: BLK 2 & 3, 58M-520, FALLOWFIELD DRIVE
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e for the
cial Plan, and the
Ð
ects and implements the Urban Design Guidelines of
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cial Plan. Furthermore, it is our opinion that the site design re
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cation Report and Urban Design Brief provides a thorough overview of the Zoning By-Law amendment and Site Plan
Ð
cation contained in this report, it is our opinion that the proposed Zoning By-Law Amendment is consistent with
Ð
David Galbraith, PlannerIBI Group
8.0 Conclusions This Planning Justiapplications required to allow for the development concept proposed by the applicant. Based on the justiProvincial Policy Statement (2014), and conforms
to the Growth Plan for the Greater Golden Horseshoe, Regional OfCity of Kitchener Ofthe City and will support the planned ION LRT service. For these reasons, it is our opinion that
the proposed Zoning By-Law amendment and proposed Site Plan applications are desirabluse of the property and should be considered good planning.
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SP.DWG
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COMMUNITY SERVICES DEPARTMENT
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PART OF BLOCK 2 REGISTERED PLAN NO. 58M-520 CITY OFKITCHENER, REGIONAL MUNICIPALITY OF WATERLOO
SITE PLAN APPLICATION No. SP17/002/F/AP
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SCALE 1: 1,200
DATE: JAN. 31, 2018
SITE PLAN
75 FALLOWFIELD DRIVE
DREWLO HOLDINGS INC
SITE STATISTICS
(182 units x 1.5 = 273)All asphalt areas to be defined with
Proposed Zoning:R-8 with a Special Regulations Provision(Refer to ZC17/006/F/AP)Parking Required - 273 spacesParking Provided - 275 spacesBarrier Free Parking Required - 8 spacesBarrier
Free Parking Provided - 8 spacesParking Space Minimum Dimensions- 2.6m x 5.5mZC17/006/F/AP).5 Storey Apartment8 Storey Apartment0.15m high poured concrete curbing.
MULTI-RESIDENTIAL Number of Units - 182 unitsNumber of Visitor Spaces Required - 55 spacesNumber of Visitor Spaces Provided - 57 spacesFloor Space Ratio: 1.41Building Height (Permitted)
- 25 m (Refer toBuilding height measured from highest grade toupper most point of the building. Vertical distancebetween lowest finished grade shall not exceedHighest Grade - 15.5 mLowest
Grade -15.5 mHighest Grade - 23.85mLowest Grade - 27.5 m (Refer to ZC17/006/F/AP)NOTE:Barrier free spaces to have asphaltbenched to sidewalk.
110% of max building height (27.5 m).
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Neighbourhood Information Meeting Notes
October 12, 2017
25 & 75 Fallowfield DriveLions Arena
Zone Change ZC17/006/F/AP20 Rittenhouse Road, Kitchener
6:30 p.m. -8:00 p.m.
Staff: Andrew Pinnell Planner (file planner)
Garett Stevenson Planner (facilitator)
Dave Seller Traffic & Parking Analyst, Transportation Services
April Best-Sararas Planning Student (notetaking)
Councilor: John Gazzola (Ward 3)
Applicant: George Bikas Drewlo Holdings
Dave Galbraith IBI Group
Disclaimer: These are not verbatim minutes and are not considered parliamentary style. These
are reference notes.
Garett Stevenson
Opens meeting at 6:40 pm. Providesopening remarks and welcomes
(City)
community members. Introduceshimself andotherCity staff present,
including Andrew Pinnell,Dave Seller,and April Best-Sararas. Also
introducesthe property owner andconsulting team, and Councilor
Gazzola. Advisescommunity members that Aprilwillbe taking minutes
and that information collected is pursuant to the Municipal Freedom of
Information and Protection of Privacy Act.
Briefly discusses the purpose of the meeting, as well as the agenda for
the evening.
Advisesof discussion protocol for the Question and Answer period of the
meeting and welcomescommunity members to provide comments or ask
questions.
Andrew Pinnell
Explains the purpose of the meeting, role of the city planner, and
(City)application process. Givesbackground information on the site and
presentsa summary of the proposal, including: site context and location,
background of subject properties, and current and proposed zoning
information.
Providesa summary of the comments received (likes,concerns,and
suggestions)from community members through the circulation. Also
providesinformation on the traffic and parking concerns,and calming
measures to be taken in the near future.Asks Dave Seller to speak to
Citytraffic calming initiative.
Dave Seller (City)
Provides information on the traffic calming initiativeon FallowfieldDrive.
A PublicInformation Centre (PIC) was held on June 22, 2017 to discuss
such initiativewith the public.City Staff will hold a second PIC fortraffic
calming on Fallowfield Drive in the coming months.
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Garett Stevenson
Opens floor for discussion.
(City)
121Fallowfield Asks whether there will be two access roads off ofFallowfield Drive.
Drive
Andrew Pinnell (City)
Explains that there will be oneaccess road, and another
access for emergency exit only.
121 Fallowfield DriveRaises concern fortraffic entering the emergency exit, and
askshow this will be controlled.
Dave Seller (City)Explains that there will be gates and barriers to prohibit cars
from using the emergency exit.
101 Fallowfield
Conveys concern withthe view of the new development fromadjacent
Driveapartment buildings(owned by Drewlo Holdings)as the driveway along
the existing apartment buildingis at a higher elevation than the subject
properties.
Andrew Pinnell (City)
The proposed development includes abuilding stepdown.
Dave Galbraith(IBI Group)Explains that there will be no driveway access from thenew
development to theadjacent development. Advises that there
will be re-grading of the proposed site and the proposed
buildings will be at a lower elevation than the adjacent
apartment buildings.
101 Fallowfield
Expresses concern with the setback of the building, particularly to the
Drive
existing hydro corridor.
Andrew Pinnell (City)Explains that the City consulted with hydro and no concerns
were raised.
George Bikas (Drewlo
Advises that hydro was consulted inthe application process,
Holdings)
and Drewlo Holdings isaware of the required setback from the
existing hydro corridor. In addition, advises that a fence with
landscaping will be implemented as a bufferwhere needed.
2-42 Fallowfield
Asks what demographic will reside in the proposed buildings and whether
Drivethis will impact surrounding property values.
George Bikas (Drewlo Advises that theproposed apartment building will consist of 1-2
Holdings)
bedroom rental units open to all demographics. The
townhouses are undecided at this point; but will likely be similar
to nearby townhouses.
121 Fallowfield
Raisesconcernfor increase in density and traffic.
Drive
121 Fallowfield Expresses respect for planners and Councilor, and the overall policy
Driveframework. Explains concern that parking reduction is contrary to the
intent of planning policies as the reduction in parking will likely create
safety issues. Hasspoken to residents ofadjacent apartment buildings
whereby concern was raised regarding proposed zoning and
development density. Expresses support for zoning to remain the same
as the role of the planners is to ensure development is beneficialto the
broader public.
101 Fallowfield Explains that allowing shared parking in the driveways will create
Drive
additional safety issues (i.e. accidents, parking on the street, etc.).
14-42 Fallowfield
Expresses need fornatural landscaping on the site.
Drive
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George Bikas (Drewlo
Advises that natural vegetation will be addressed through
Holdings)landscape plan, which will be reviewed and approved by the
City.
14-42 Fallowfield Drive
Asks whether there is any intention of retaining the existing
pond and trees on-site.
George Bikas (Drewlo Advises that the pond is used for stormwater management and
Holdings)is an element of the original subdivision. In regards to the trees,
an existing vegetation plan was completedwhich did not
identify any existing trees of significant value to retain.
Dave Galbraith(IBI Group)
management plan, in addition to the implementation of a
parkette.
121 Fallowfield Asks question surrounding speed limit on Fallowfield Drive and whether
Driveparking will be permitted on both sides of the street. Also expresses
concern for trees and weed maintenance for theadjacent apartment
buildings.
Dave Seller (City)Advises that the City will be addressing visibility along
Fallowfield Drive to improve safety measures. Encourages
everyone to attend the traffic calming PIClater this year.
George Bikas (Drewlo Advises that concerns for vegetation maintenance will be
Holdings)discussed with landscaping crew. Explains that City inspections
are part of the development approval process to ensure all
elements of the development agreement are properly
implemented and maintained.
121 Fallowfield Drive
Askswhen such inspections occur and how development
elements are enforced by the City as enforcement is not
evident at this time.
Andrew Pinnell (City)Responds that the site plan approval process foradjacent
apartment buildings iscomplete; however, Staff can look into
the status of the development to determine if there are any
outstanding requirements.
George Bikas (Drewlo
Advises that final inspection has not occurred to date.
Holdings)
101 Fallowfield Expresses concern that the vegetationalong the bank between the
Drivesubject property andadjacent apartment buildings is in poor condition.
George Bikas (Drewlo
Advises that the vegetation along this bank is to be kept natural
Holdings)
as per City requirements.
Garett Stevenson (City)Refocuses meeting onrezoning application in question.
2-42 Fallowfield Asks whether the traffic impactstudy(TIS)considers peak traffic entering
Drive
and exiting the nearby school.
Dave Seller (City)
Advises that the TIS addresses total morning and evening trips
near the adjacent apartment buildings, subject properties, and
adjacent intersection.
121Fallowfield
Asks whether there isany consideration to expandthe roundabout with
Drivethe increase in densityproposed.
Dave Seller (City)Responds that increasing the size of the roundabout has not
been taken into consideration.
121Fallowfield
Asks who comments should be directed to, whether this matter will be
Drivediscussed at Council, and if the residents of adjacent apartment buildings
will benotified.
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Garett Stevenson (City)
Speaks tonext steps of the application process. Advises how
to submit formal comments;which will be attachedto the staff
report to Council;and that meeting attendees and nearby
residents will be notified.
121Fallowfield
in the
DriveOfficial Plan.
Andrew Pinnell (City)
includes up to 8 storeys.Advises that this topic can be
discussed in greater detail offline.
121Fallowfield DriveAsks whether existing zoning can limit development to 3
storeys.
Andrew Pinnell (City)
Advises that higher density development may be required with
new minimum density requirements.However, floor space ratio
is different than height; therefore, there are more factors
involved in the calculation to meet Official Plan policies.
Garett Stevenson (City)
Explains the general density breakdown range in the Official
--8 storeys;
George Bikas
Explains that development aims to catertochangingneeds over the
(Drewlo years and that planning tools exist to allow deviations from policy
Holdings)requirements. States that the proposal addresses a transition from
adjacent high rise apartment buildings to the proposed medium rise, then
to townhouse development to be more compatible with the surrounding
neighbourhood.Concludes that the proposal follows good planning
principles and is a beneficial development.
121 Fallowfield Drive
Explains that the proposal is beneficial to Drewlo Holdings, but
is not beneficial to the community and broader public.
Garett Stevenson Concludes discussion, advises that no decisions on the proposal are
(City)
being made at this time as the meeting was designed to gather
information and concerns, and to answer any questions. Encourages
attendeesto reach out again if they have any questions, and reminds the
group of the comment sheets. Explains next steps of application process.
John Gazzola
Advises that no decisions on the proposal have been made. Hears
(Councilor)
concernsbefore a final decision is made. Council will make a decision,
and the public will have the opportunity to speak at the Planning
Committee and Council meetings. Thanks everyone for attending.
Garett StevensonThanks everyone for attending.Closes the meeting at 8:00pm.
(City)
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REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: June 18, 2018
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Katie Anderl,Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: May 16, 2018
REPORT NO.: DSD-18-021
SUBJECT: Modification to Draft Approved Plan of Subdivision 30T-07205
Zone Change Application ZC17/019/H/KA
Official Plan Amendment OP17/007/H/KA
1940 Fischer Hallman Road, 163 Plains Road, 780 Huron Road
Owner: Schlegel Urban Developments Corp.
RECOMMENDATIONS:
A. That Official Plan Amendment Application OP17/007/H/KA for Schlegel Urban
Developments Corp. requesting a change to the Urban Structure Identification and Land
Use Designations be adopted in the form shown in the Official Plan Amendment
attached to Report DSD-18-021for the lands specified and illustrated
s A and B thereto,and accordingly forwarded
to the Region of Waterloo for approval; AND
B. That Zone Change Application ZC17/019/H/KA for Schlegel Urban Development Corp. be
approved -attached to
Report DSD 18-; and that in accordance with Planning Act
Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for
lands subject to Zone Change Application ZC17/019/H/KA; AND
C.That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and Delegation By-law 2002-64, hereby modifies the conditions
of draft approval for Plan of Subdivision Application 30T-07205, in the City of Kitchener, for
Schlegel Urban Developments Corp., as attached to Report DSD 18-021 as;
AND FURTHERTHAT
D. That staff be directed to proceed with the Privately Owned and Maintained Publically
Accessible (POMPA) Parksconcept, in accordance with the discussion contained in
Report DSD 18-021, and subject to Conditions of Draft Plan Approval as attached to
Report DSD 18-021 as ;that the Mayor and Clerk be authorized to execute
agreements which may be necessary to implement the POMPA Parks concept; and that
Council deem the deferred dedication ofparkland, as contemplated in the POMPA Park
concept, to comply with Parkland Dedication Policy (I-1074).
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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Location Map Becker Estates
EXECUTIVE SUMMARY:
Schlegel Urban Developments Corp. is seeking approval of a modification to Draft Approved
Plan of Subdivision 30T-07205, an Official Plan Amendment and a Zone Change to allow
changes to the approved Becker Estates subdivision. The modifications to the plan and
designation, together with the proposed zoning regulations result in improved design flexibility
and efficiencies which drive better urban design, a more compact urban form and high quality
streetscapes. Staff are in support of the applications and recommend approval, subject to the
modified conditions of draft approval appended to this report.
The subdivision also includes a number of park spaces which Schlegel Urban Developments
Corp. wishes to develop as enhanced parks within the City. The Subdivider is presenting the
City an exciting and innovative park concept whereby the parks would be developed to a high
design standard, with features beyond those typically considered for neighbourhood parks and
beyond the usual financial means of the City. This proposal would retain parks in private
ownership, and subject to ongoing private maintenance, however fully open and accessible to
the public and able to be transferred to City ownership at any time. Staff are supportive of this
concept and recommend pursuing this proposal further.
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BACKGROUND:
The Becker Estates Subdivision (30T-07205) was originally draft approved by the Ontario
Municipal Board, together with implementing zoning and Official Plan designations in 2009.
The subdivision represents a well-designed, contemporary subdivision having a mix of
residential dwelling types including low, medium, and higher density forms of housing, mixed-
use blocks, an elementary school, storm water management pond, unique park spaces, and
the integration of two heritage features including the Becker farm house at 1940 Fischer
Hallman Road and the commemoration of Plains Road.
The subdivision has been unable to proceed due to servicing constraints. However, some
grading works have been initiated, and some major pieces of municipal infrastructure, including
aRegional watermain, and the south branch of the Strasburg Trunk Sanitary Sewer have been
or are in the process of being constructed through the lands, and will facilitate this subdivision.
In addition, and in accordance with existing conditions of draft approval, Plains Road, which
diagonally bisected the subdivision has been closed, and conveyed to the subdivider.
Since 2009, subdivision design, zoning and residential market preferences have evolved and
the subdivider is proposing modifications to the plan, together with more contemporary zoning
regulations which result in improved design flexibility and land efficiencies.
REPORT:
Proposed Official Plan Amendment:
The subject lands were comprehensively planned, designated and zoned in 2009 in order to
implement the Becker Estates Subdivision (30T-07205). The Subdivider is proposing to
modify the Draft Plan to accommodate changes to the street network, lot and block
configurations in order to allow medium density development framing the central park, while
locating lower density development in the surrounding areas of the plan.An Official Plan
Amendment is required in support of the proposed modifications to the draft plan of
subdivision.
The details of the proposed Amendment are included in A
Amendment, and comprises the following changes:
Map 2 is amended by changing the Urban Structure Identification of affected lands
from Community Node to Community Area
Map 3 is amended by changing the land use designations of affected lands as follows:
o Area 1 from Medium Rise Residential to Low Rise Residential
o Area 2 from Mixed Use to Low Rise Residential
o Area 3 from Low Rise Residential to Medium Rise Residential
The original plan, contemplated street-fronting townhouses framing the park (Area 3) with
multiple dwellings or a residential care facility near Huron Road (Area 1). The Subdivider is
now proposing to locate 3 4 storey urban stacked towns surrounding the park (which will
achieve an FSR of about 1.5 in keeping with the Medium Rise designation, while locating
a mix of street townhouses and single detached dwellings in Area 1. This results in a swap
of densities. The proposed changes orient higher density development so that it frames the
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central park, and is located along the future transit route, and to locate lower density
housing in the surrounding neighbourhood.
As further discussed in the Planning Analysis section, staff are of the opinion that the
proposed Official Plan Amendment is consistent with the objectives of the Provincial Policy
Statement and conforms to Policies of the Growth Plan for the Greater Golden Horseshoe,
which both promote the creation of livable, sustainable and complete communities through
efficient development patterns, and which support transit use. The Official Plan Amendment
complies with policies of the Regional Official Plan.
Proposed Zone Change:
The subject lands were comprehensively rezoned in 2009 to implement the Becker Estates
Subdivision. As a result of the proposed modification the subdivider requires several
changes to the zoning to implement the modified plan. The Owner has also requested
further amendments to incorporate more contemporary regulations across the balance of
the subdivision.
Details of the zone change are included in the proposed Zoning By-law and Map 1,
B
the greatest residential densities, being the multiple residential blocks having R-8 and R-6,
466U zoning,along Fischer Hallman Road, adjacent to Mixed Use Blocks and surrounding
the central park, where there will be the best access to transit, shops, services and parks.
Residential Four and Residential Six zones, which permit low-rise, low-density forms of
housing will be applied to all other residential lands. All residential zones contain some mix
of the Special Provisions, as shown on Map 1 attached to the proposed By-law in Appendix
B The new regulations will result in improved design flexibility and land efficiencies to
help achieve better design through enhanced architectural articulation, support a compact
urban form, and a lively and attractive streetscape.
The proposed regulations are further described as follows:
466U
This regulation limits permitted uses to street fronting townhouses and low-rise multiples.
The purpose of this is to provide a transition from the higher density Mixed Use lands to
lower density forms of housing.
467U
To permit the sales centre in the heritage house for a period exceeding three years. Staff
are of the opinion that it is desirable for the heritage home to be used as a sales centre in
advance of the house being incorporated into a future multiple residential development.
732R
Torequire a minimum porch depth of 1.5 metres, to permit porches, stairs and ramps to
encroach within required yards, to permit reduced driveway setbacks to intersections, and
to permit a 1.5 metres setback to the 3.0 metre wide Huron Road Landscape Buffer, subject
to enhanced design standards.These regulations will apply across the entire subdivision
and will support front porch culture by requiring useable porch depths, and permitting
porches to be located closer to the street creating an attractive and lively streetscape.
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The applicant proposes to reduce driveway setbacks to intersections throughout the
subdivision from 9.0 metres to: 4.5 metres for lots having frontage on only one street (i.e. a
90 degree bend in a road); 5.9 metres for lots having frontage on a local street or minor
neighbourhood collector; and 8.0 metres for a lot fronting a major community collector. The
purpose of driveway setbacks are to ensure that parked vehicles do not block the corner
visibility for vehicles turning at an intersection, to ensure that vehicles stopped at a stop sign
do not block access to driveways, and to ensure that vehicles backing out of driveways
have sufficient space to manoeuver without backing into an intersection or crossing over the
pedestrian crosswalk. Transportation Services staff are supportive of reducing the setback
to 4.5 metres where the lot has frontage on only one street, and to 8.0 metres where the lot
fronts onto a major community collector. Staff cannot support a reduction from 9.0 metres to
5.9 metres where the lot fronts onto a local road or a minor neighbourhood collector road as
it has been found to potentially pose visibility, safety and operational concerns.
Transportation staff have found that a minimum setback of 7.0 metres is required to ensure
functional and safe driveway accesses. The recommended safe setbacks have been
incorporated into the proposed zoning by-law regulations.Based on the individual lot
location, driveway and building configuration a site specific reduction could be considered
by the Committee of Adjustment on a case by case basis. However, until such time as the
details of each lot and driveway configuration are known, staff are unable to determine if a
further reduction would be safe and functional. As such, and in accordance with s. 45 (1.3
& 1.4) of the Planning Act, Recommendation B of this report includes a statement whereby
Council permits the applicant to make applications for minor variances to the by-law, within
two years of the by-law being amended.
The reduced setback to Huron Road will permit houses to be designed so that they create
an enhanced streetscape, and buildings are required to include enhanced side yard
elevations. Side lotting and the reduced setbacks reduce the height and extent of noise
walls required, due to improved angles of noise deflection, and increased lengths of façade
fronting onto Huron Road. Together with the proposed window streets, these regulations will
result in a neighbourhood that faces and improves the Huron Road streetscape, rather than
turning its back on it.
733R, 734R & 735R
These regulations are similar and apply to a variety of zones depending on the permitted
residential land use. 733R will apply to the R-4 Zone, 734R to the R-6 zone and 735R to
the R-6, 466U Zone.The regulations contain the following special regulations based on
dwelling type:
Single detached dwellings: to permit reduced setbacks, reduced corner lot width, a 2.5%
increase in garage widths on certain lots, to require a minimum front yard landscaped area
and to prohibit fences between buildings and the street.
Street townhouse dwellings: to permit reduced setbacks, reduced corner lot width, an
increase in height from 10.5 to 11.5 metres, to require a minimum front yard landscaped
area and to prohibit fences between buildings and the street, permit a maximum building
coverage of 60%, and permit a maximum of 8 attached units
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Low-rise Multiple dwellings (in an R-6 zone): to permit reduced setbacks, an increase in
height from 10.5 to 11.5 metres, a maximum FSR of 0.75.
The proposed regulations are consistent with regulations that have been approved for a
number of new subdivisions and which are proving to allow for compact, attractive
neighbourhoods with active streetscapes, variation in housing design and roof lines, and a
distinct sense of place. Setback reductions are in the 0.5 to 1.5 metre range and would
apply to front, side, and rear lot lines resulting in improved land efficiencies. The purpose of
the increased garage width is to allow a greater range of lots to include double car garages
and planned double width driveways, which may help to deter illegal driveway expansions
by property owners in the future.Regulations also specify that where garages are designed
to accommodate more than one vehicle, garages must include one garage door per parking
space and that they must be separated by piers. This will help to enhance front elevations
and the streetscape with greater amount of building articulation and more interesting
facades, while also providing additional off-street parking for future residents.
In order to balance the reduced setbacks, and increased garage widths, staff have required
that each lot be required to provide a minimum contiguous landscaped area which has been
sized to incorporate soil volumes for tree plantings and other landscape features. This will
help to ensure that each lot will individually contribute to the enhanced streetscape.
Further, enhanced fencing regulations will ensure that exterior side yards are not dominated
by long expanses of privacy fencing, so that homes with enhanced flankage facades will not
be screened by such fencing. Rather, homes will contribute to the streetscape with
elevations including porches, windows, doors and pedestrian connections. Further direction
with respect to such elevations is included in the Priority Lotting Planrequired by the
Conditions of Draft Approval.
The proposed regulations will result in densities between 61 and 84 people and jobs per
hectare depending on the final number of multiple dwellings in the multiple and mixed-use
blocks. This will help the city to achieve densities targets for greenfield development.
736R
For multiple dwellings (in an R-8 zone): to permit reduced setbacks consistent with the
setback regulations above for buildings up to 11.5 metres, but to require additional setbacks
or step-backs for buildings greater than 11.5 metres in height.
737R
To legalize the setback of the heritage house at 1940 Fischer Hallman Road.
502R (revised)
For multiple dwellings (stacked town houses in R-8 zone): to reduce the maximum height
from 24.0 metres to 15.0 metres (8 storeys to 4 storeys) and to permit parking to be
provided at a rate of 1.25 spaces per unit.While the R-8 zone permits a maximum height of
24 metres, this height is not feasible given the proposed block configuration and
contemplated form of multiple.
With respect to the parking reduction, and in consultation with Transportation Services staff,
Planning staff are of the opinion that it is appropriate to reduce parking requirements for the
low-rise multiples from 1.75 spaces per unit to 1.25 spaces per unit. The subject lands are
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located on a transit route, and are located in close walking distance of the active
transportation network, and neighbourhood amenities. The subdivision design provides for
extra on-street parking spaces in front of the subject units in order to accommodate short-
term and visitor parking. Barrier Free parking will be accommodated on-site.
The zoning by-law will also correct the zoning of the Stormwater Management Pond and
Open Space blocks which were inadvertently reversed through the original by-law, and will
apply the Public Park Zone to a small additional piece of parkland at the northwest corner of
the plan. This additional parkland will improve the park connection to the adjacent public
school lands, and will allow the extent of noise wall previously required for Lot 183 (Stage 1)
to be reduced.
Proposed Modifications To Draft Approved Plan Of Subdivision:
Schlegel Urban Developments Corp. is proposing to modify the draft approved Plan of
Subdivision 30T-07205. Council has delegated approval authority for modifications to staff.
However, as the proposed modification is associated with a Zone Change and Official Plan
Amendment, which require Council approval, staff have elected to include the proposed
modification as part of the overall approvals (although they could be approved at a staff
level).
The primary area of change is in Stage 1,south of Huron Road and east of Mixed Use
Block 1 (Stage 12) as shown on Maps 1 and 2 below. The original draft approved plan
shows these lands as a Medium Density Residential Block, shown on Map 1 below. The
Subdivider is now proposing local streets in this area. As discussed in the context of the
Official Plan Amendment and Zone Change, this will result in somewhat lower densities on
the affected parcel of land, however, this is off-set by the increase in residential densities in
areas surrounding the central park, and higher densities achieved throughout the
subdivision.Staff are of the opinion that the proposed street layout and lotting is
appropriate for the development of the lands, and comment that the changes provide for a
as was previously approved east of the school block. Window
streets along Huron Road provide for dwellings which will face and have flankage onto
Huron Road rather than being rear-lotted with buildings turning their backs on the street,
which avoids extensive use of noise walls and rear yard privacy fencing.Staff are
supportive of the proposed modifications to the draft approved plan.
asterisk indicates
conditions which have been revised and/or new conditions and bolding denotes modified
wording. Most of the modified conditions require changes for administrative reasons to
reflect: approved street names, updated staff titles, revised dates, changes to staging and
lot/block numbering, updates due to technical & procedural matters, updates to wording for
clarity.
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Map 1 - Original Draft Approved Plan of Subdivision
Map 2 - Modified Plan of Subdivision
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The following conditions have been deleted (and are shown with a strikethrough) as they
are no longer required or relevant:2.1.2.18, 2.1.3.19, 2.1.6.13, 2.2.20, 2.2.21, 2.2.26,
2.2.29, and 2.2.30.
Regional, Grand River Conservation Authority and Waterloo Catholic District School Board
Conditions and Notes in Sections 3, 4 and 6 have been updated as required by the relevant
review authority.
The following conditions have been added:
2.1.3.24/2.2.35 & 2.2.36: Conditions 2.1.3.24/2.2.35 require that the Subdivider prepare and
submit a Multi-Use Pathway Plan to demonstrate locations and sequencing of such
pathways, and condition 2.2.36 requires that an easement be granted to the City for any
Multi-Use Pathway which may cross private lands.
2.1.6.32:Specifies noise wall construction and maintenance details.
2.1.6.33: Requires that a pedestrian connection be provided from Tartan Ave to Block 1
(Stage 12).
2.2.34: Requires that the heritage house at 1940 Fischer Hallman Road be designated
under Part IV of the Heritage Act prior to registration.
2.2.38: Requires that the Subdivider complete a Record of Site Condition for lands
contained within the former Plains Road right-of-way prior to registration.
2.1.6.11, 2.1.6.31, 2.2.11 & 2.2.37: Added to provide for the next steps in pursing the
POMPA Parks described below.
Privately Owned and Maintained Publically Accessible (POMPA) Parks:
Schlegel Urban Developments Corp. believes in the important role parks play in creating a
complete and healthy community. They have a demonstrated philosophy of creating high
quality public spaces and investing in urban design. They wish to create a series of
enhanced parks and landscape features throughout the Becker Estates neighbourhood
which will contain features that are beyond the capacity of City Operations to maintain in
perpetuity. The previously approved parks and landscape features will fulfill the park and
open space needs of this neighbourhood, contain features which commemorate the history
of Plains Road, create a sense of place in the neighbourhood, and will serve the needs of
this subdivision and the greater community. Staff are however concerned that the City will
not have the means to maintain the parks and landscaped spaces to the standard to which
they will be designed.
Schlegel Urban Developments Corp. has proposed an innovative park ownership and
maintenance model for this subdivision whereby parks may be retained in private
ownership, maintained jointly by property owners through condominium corporations, and
which would remain fully publically accessible. Staff have termed the proposed parks
Privately Owned and Maintained Publically Accessible Parks (POMPA Parks). While this
park structure is a new approach for the City of Kitchener,
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been implemented in nearby municipalities
including Guelph and Waterloo, and an urban private park program has been implemented
in Toronto.
Policies of provide parks and community facilities
in an efficient and sustainable manner that optimizes their use, supports intensification and
promotes flexibility to adapt to changing needs.Policies also indicate that the City will
endeavour to expand the supply of parkland through varied and innovative means including
partnership arrangements and joint ventures.The subject proposal is an innovative and
creative approach to the provision of parkland.
The park spaces included in the draft plan fulfill parkland needs of the subdivision, and the
size of the spaces represents the full parkland dedication permitted by the Planning Act.
However the POMPA Park concept contemplates that the actual dedication of these parks
to the City could be deferred, subject to the Subdivider entering into necessary agreements
with the City.Staff suggest that if this model operates as anticipated, the parks could
remain in private ownership in perpetuity, thereby removing the City entirely from ongoing
maintenance responsibilities. However, the required agreements, including conditions of
this draft plan of subdivision, will require that the parks must be conveyed to the City upon
demand, if for any reason the City is no longer satisfied with them remaining in private
ownership. Should this right be exercised, the parks would be dedicated to the City,
thereby fulfilling the complete parkland dedication requirement.The City also contemplates
securities (such as through letters of credit or other mechanisms) to ensure that any park
space that is ultimately conveyed to the City can be returned to a standard acceptable to
the City.
Under the POMPA Park structure, each lot in the subdivision would be a parcel of land that
is tied to a Plan of Common Elements Condominium. The express purpose of the
condominiums would be to own and maintain the parks in the subdivision, and
condominium fees would be collected for this purpose. The parks would to be designed to
and a number of agreements will be required in order to facilitate this
plan. These agreements may include condominium agreements, development agreements,
maintenance and/or licence agreements, option agreements, and other terms such as
letters of credit to ensure appropriate implementation, construction, and that public access
is guaranteed. Under this model, and because the lands remain privately owned, the City
would have no liability or maintenance responsibility.
staff request that Council endorse the
POMPA Parks concept by directing staff to proceed with further discussions and
negotiations with the Subdivider, that the deferred parkland conveyance be deemed to
comply with the Parkland Dedication Policy, and that the Mayor and Clerk be authorised to
execute agreements that may be necessary to implement this concept.
Planning Analysis:
Planning Staff are of the opinion that the subject Official Plan Amendment, Zone Change
applications and modification are consistent with policies of the Provincial Policy Statement,
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conform to the Growth Plan for the Greater Golden Horseshoe and comply with policies of
the Regional Official Plan and City of Kitchener Official Plan.
Provincial Policy Statement, 2014
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land-use planning and development. The PPS sets out policies to
consider in order to build strong, healthy communities. The PPS is supportive of efficient
development and land-use patterns which sustain the financial well-being of the Province
and municipalities over the long-term, communities that accommodate an appropriate range
and mix of land uses, including an appropriate range of housing types and densities,
promoting cost-effective development patterns and standards to minimize land consumption
and servicing costs. The PPS promotes development and land use patterns that consider
the impacts of a changing climate and which supports transit use and active transportation.
Planning staff is of the opinion that the proposed applications are consistent with the PPS
as they will facilitate the development of the subject property with a compact mixed-use
neighbourhood, having a mix of housing styles including single detached, street-
townhouses and low, medium and high-rise multiples. A variety of high-quality, publically
accessible park spaces and recreation features support a healthy and active community.
The modified grid street network, provision of transit facilities, on-street bike lanes and off-
road multi-use pathways promote active transportation options and transit. Planning staff
are of the opinion that the requested applications are consistent with the policies and intent
of the PPS.
Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan):
Staff are of the opinion that the proposed modification, Official Plan Amendment and Zone
Change conform to the policies of the Growth Plan. Guiding Principles of the Growth Plan
support the development of complete and compact communities that are designed to
support healthy and active living, and which prioritize intensification to make efficient use of
land and infrastructure, while protecting agricultural lands and supporting transit viability.
The Growth Plan also supports development of communities which provide convenient
access to an appropriate mix of jobs and public service facilities, which encourage active
transportation, high quality public open spaces, opportunities for recreation, and access to
healthy food, andwhich provides a range and mix of housing options. The Growth Plan
also supports the development of compact communities, which helps protect expansion into
agricultural lands.
Places to Grow directs growth within settlement areas to locations with existing or planned
designated greenfield area), and are identif
Management Plan 2017-2019. The Region has indicated that Tartan Ave will be a bus
route with up to 5 transit stops through the community, and a future I-Xpress stop has been
identified on or adjacent to Block 1, Stage 12. The proposed modification to the subdivision,
Official Plan Amendment and Zone Change focus higher density residential uses along the
future transit route improving access for future residents. Bike lanes and multi-use
pathways, together with traffic calming features are also focussed along transit routes, and
will provide active transportation options through the neighbourhood. The transportation
network connects major community features including the new RBJ Schlegel Park, the
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mixed-use node at Fischer Hallman Road and Huron Road, local elementary schools along
Tartan Avenue, and neighbourhood parks and natural open spaces.
Places to Grow supports complete communities with a diverse mix of land uses, including
residential and employment uses, and convenient access to local stores, services, and
public service facilities. Policies also support high quality compact built form and an
attractive and vibrant public realm which includes public open spaces.The Draft Approved
Plan of Subdivision and existing zoning and designations provide for arange of commercial
and mixed uses, an elementary school, low- medium- and high-rise residential uses, parks,
and natural areas. The proposed modification, Official Plan Amendment and Zone Change
maintain the existing range of uses, and have the effect of focussing the higher density
residential uses so that more residents will be located closer to the central neighbourhood
park, and the planned transit route and active transportation network. The proposed
modification and amendments will permit the creation of a more compact community
overall.
Regional Official Plan (ROP):
Urban Area policies of
within the Urban Area. This area will provide for the physical infrastructure and community
infrastructure to support growth, including transportation networks, municipal drinking-water
supply and wastewater systems, and a broad range of social and public health services.
The subject lands are designated Urban Designated Greenfield Areas in the ROP.In
general, these areas will be planned to create a more compact urban form with a greater
mix of employment, housing and services in close proximity to each other.
Regional staff have indicated that they have no objections to the proposed applications,
however have requested certain updates to the Conditions of Draft Plan Approval (which
E
the modified conditions of draC
opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan:
Objective 4.1.1 and policy 4.C.1.12 of the Official Plan requires that the City provide 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,
throughout the City and within neighbourhoods. The proposed OPA provides for a new
form of low-rise street-fronting multiples within this neighbourhood, increasing housing
options for future residents. The plan continues to provide for a variety of low- medium- and
high-rise forms of housing with opportunities for freehold and condominium ownership or
rental. Medium Density Residential and Mixed Use parcels continue to permit a residential
care facility and higher-density, higher-rise multiple dwelling types.
Staff are of the opinion that the proposed modifications and zoning amendments comply
with policies of the Official Plan. The First Guiding Principal of the Official Plan (2.B.3) is to
build a compact, vibrant, complete and healthy community. The proposed modifications
and zoning by-law amendments provide for the creation of a complete community which
housing, recreation, commerce, community and cultural facilities, health care facilities,
parks and open spaces distributed and connected in a coherent and efficient manner. A
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complete community also supports the use of public transit and active transportation,
enabling residents to meet most of their daily needs within a sho
The proposed zoning and modifications align with housing policy 4.C.1.13 which
encourages innovative forms of housing, such as the rear laneway stacked towns, that are
compatible with surrounding lands uses, support the development of complete communities,
are transit support and transit oriented and which add architectural interest and character.
Neighbourhood Design policies 11.C.1.27 and 11.C.1.28 state that in Suburban
reate diverse, attractive, walkable
neighbourhoods that contribute to complete and healthy communities, and which aim to
achieve walkability, variety, place making, conservation, connectivity, transit-supportive and
safety of all neighbourhoods. Staff are of the opinion that the proposed changes to the
subdivision and zoning align with policies of the Official Plan.
AGENCY COMMENTS:
Notice of the subject applications was circulated to commenting City and agency staff.
Comments are attached in Appendix
Heritage
The approved 2009 Draft Plan and conditions provide for the conservation of two heritage
features: the farmhouse at 1940 Fischer Hallman Road (Block 1, Stage 14) and the former
Plains Road alignment. Heritage Planning staff have reviewed the revisions to the draft
plan and have requested several modifications to update conditions of Draft Plan Approval.
C
in the review of the design for parks along the former Plains Road alignment and are
ept to help achieve enhanced park and
commemoration features.
Environment
The original Draft Approved Plan provided for retention and buffering to the
woodland/wetland feature along the eastern property line. Commenting department and
agency staff have no concerns with the proposed changes.
Municipal Servicing
Stormwater, sanitary and water servicing were considered through the original draft plan
approval. All lots will be municipally serviced and commenting departments and agencies
are satisfied that the planned services can accommodate the proposed changes.
Transportation and Traffic
Transportation Planning staff are satisfied with the proposed modifications to the draft plan.
They are supportive of the use of raised intersections as a traffic calming feature and the
overall proposed design of the right-of-ways. They have reviewed the proposed zoning
regulations and are supportive of reductions to driveway setbacks to intersections, as
provided for in the proposed by-law, and reductions to the required parking for the stacked
townhouses from 1.75 to 1.25 spaces per unit. Staff confirm that the preliminary On-Street
Parking Plan provides sufficient on-street parking dispersed throughout the subdivision, and
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note that final plans will be required on a stage by stage basis prior to servicing or
registration.Transportation Staff are satisfied with the proposed street names and road
network throughout the subdivision.
Parks and Operations
Operations staff continue to be supportive of the sizes and configurations of the draft
approved parks and open spaces.Operations staff are supportive of the Multi-Use Pathway
locations and associated conditions.Operations staff are also supportive of the proposed
POMPA Parks concept and will work together with the Subdivider, Planning staff and the
City Solicitor to review park designs and to develop appropriate implementing agreements
which may be required to move this concept forward.
Region
The Region has no objections to the proposed modifications to the Draft Approval Plan of
Subdivision, or the proposed Official Plan and Zoning By-law Amendments. Modifications
to the conditions of Draft Plan approval have been requested and are incorporated into
Noise
Fischer Hallman Road and Huron Road are considered sources of traffic noise, and noise
mitigation will be required. The Region of Waterloo has requested noise warning clauses
and that certain noise mitigation techniques be used for dwellings in proximity to Huron
Road and Fischer Hallman Road. This includes the construction of limited sections of noise
walls along Huron Road. The proposed side lotted design along Huron Road will minimize
the height and extent of the noise wall and it will generally take the place of a privacy fence.
COMMUNITY INPUT
Staff received comments from two nearby property owners and a third property owner
requested notice but provided no comment.
One respondent raised concern with the proposed stacked townhouses, decrease in
setbacks between buildings and corner lot widths, and increase in height, however indicated
support for the increase in garage width. Staff comment that stacked townhouses are a
form of multiple dwelling which provides a medium density in a low-rise form, which is
compatible with adjacent low-rise forms of housing such as single detached dwellings. The
proposed modification relocates the multiple dwellings so that they are more central to the
draft plan and are in a location which will improve the design of the central spine in this
subdivision. This also has the effect of shifting the multiples away from Huron Road, and
property of the respondent. As discussed in the preceding sections of this report, the
requested zoning provides for setbacks and lot widths that are consistent with and have
been implemented in other nearby subdivisions. They provide for a more compact urban
form, supporting enhancements to the streetscape and improving the overall neighbourhood
design, while helping support transit viability. Since circulation, the subdivider has adjusted
the requested increase in height (from 10.5 to 11.5 metres) so that it would only apply to
street fronting townhouses. Further, a maximum height of 15 metres, rather than 24
metres, has been included for the stacked townhouses.
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The second response was received from representatives of the YOG temple which is
located west of Fischer Hallman Road. The majority of the comments provided relate to the
future intersection of Plains Road at Fischer Hallman Road and the future Fischer Hallman
Roaddesign, which is outside the scope and boundaries of the subject applications. City
and Regional staff, the Ward Councillor and representatives from YOG temple have met to
discuss the intersection, road design, increases in traffic volume, municipal servicing and
safety as it relates to the questions raised by representatives of the YOG Temple. Staff
comment that through the original draft plan approval (and existing conditions) Plains Road
was approved to be closed through the Becker Estates Subdivision.It is now closed and a
temporary turnaround constructed. At such time as Stage 5 is built, Plains Road will be
connected to the local street system. As per the existing conditions, the subdivider is
responsible for works associated with Plains Road within the plan and is also required to
upgrade certain sections of Plains Road between the southern limits of the subdivision and
Fischer Hallman Road.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievem
through the delivery of core service.
FINANCIAL IMPLICATIONS:
Upon registration, there will be ongoing operations costs for the maintenance of 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.Previous financial commitments have been made with
respect to the Commemoration Cost Sharing for parks along Plains Road, and no changes
have been made to the Cost Sharing Schedule as originally draft approved. However,
should the City proceed with the Privately Owned and Maintained Publically Accessible
Parks, the City will not be responsible for the ongoing maintenance and future replacement
costs for the parks and commemorative features located within this plan of subdivision.
COMMUNITY ENGAGEMENT:
INFORM & CONSULT- The proposed draft plan of subdivision was circulated to property
owners within 120 metres of the subject lands and notice signs erected. In response to this
circulation staff received responses from 3 property owners. Two property owner provided
comments which F Public Input, and staff comments are
provided in the Community Input section of this report. A courtesy notice advising of the
Statutory Public Meeting will be circulated to all commenting property owners.Notice of the
Planning and Strategic Initiatives Committee Meeting will be given in the Record on May 25,
2018 and a copy of the notice .
PREVIOUS CONSIDERATION OF THIS MATTER:
The Draft Plan of Subdivision was originally considered by Council September 14, 2009 (DTS-
09-133). Atthat time, Council recommended endorsement of the original Official Plan
Amendment, Zone Change and Draft Plan of Subdivision and Conditions of Draft Plan
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Approval, and directed that staff appear on behalf of the City of Kitchener at the forthcoming
Ontario Municipal Board hearing with respect to the appeals of the planning applications. The
applications were approved by the Ontario Municipal Board December 15, 2009.
CONCLUSION:
Planning Staff are of the opinion that the subject Official Plan Amendment, Zone Change
applications and modification are consistent with policies of the Provincial Policy Statement,
conform to the Growth Plan for the Greater Golden Horseshoe and comply with policies of
the Regional Official Plan and City of Kitchener Official Plan.The changes to land use
locate the greatest intensity of
residential development in closer proximity to the planned transit route, high-quality parks
and the Mixed Use blocks. The changes to zoning will facilitate the development of a
compact community, with interesting and varied streetscapes and building design. The
proposed modification complies with policies of the Official Plan and improves the overall
layout and function of the subdivision. In considering the foregoing, staff are supportive of
the proposed modifications to the Draft Plan of Subdivision, the proposed Official Plan
Amendment and the proposed Zone Change, and are of the opinion that they represent
good planning.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services
Proposed Official Plan Amendment
Proposed Zoning By-law Amendment
Proposed Conditions of Draft Plan Approval, Modified Draft Plan and Cost
Sharing Schedule
Newspaper Notice
Department and Agency Comments
Public Input
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Appendix “A” – Proposed Official Plan Amendment
AMENDMENT NO. ____ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
1940 Fischer Hallman Road
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AMENDMENT NO. ___ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
1940 Fischer Hallman Road, 163 Plains Road, 780 Huron Road
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of June 18, 2018
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee June 18, 2018
APPENDIX 3 Minutes of the Meeting of City Council June 25, 2018
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AMENDMENT NO. X TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. ___ to the Official Plan of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is change the designation of lands in the Becker
Estates Subdivision to implement proposed modifications to the Draft Approved Plan of Subdivision
(30T-07205). The amendment comprises the following changes:
Map 2 is amended by changing the Urban Structure Identification of the subject lands from
Community Node to Community Area
Map 3 is amended by changing the land use designations of affected lands as follows:
o Area 1 from Medium Rise Residential to Low Rise Residential
o Area 2 from Mixed Use to Low Rise Residential
o Area 3 from Low Rise Residential to Medium Rise Residential
SECTION 3 BASIS OF THE AMENDMENT
The subject lands were comprehensively planned, designated and zoned in 2009 in order to
implement the Becker Estates Subdivision (30T-07205). The Subdivider is proposing to modify
the Draft Plan to accommodate changes to the lot and block configurations in order to allow
medium density development framing the central park, while locating lower density development
in the surrounding areas.
The original plan, contemplated townhouses framing the park (Area 3) with multiple dwellings or
a residential care facility near Huron Road (Area 1). The Subdivider is now proposing to locate
3 4 storey urban stacked towns surrounding the park, which will achieve an FSR of about 1.5
and in keeping with the Medium Rise designation, while locating a mix of street townhouses and
single detached dwellings in Area 1. This results in a swap of densities.
The effect of the proposed changes is to orient higher density development so that it frames the
central park, and is located along the future transit route, and to locate lower density housing in
the surrounding neighbourhood. The applicant has also applied for a Zone Change that will
implement the proposed designations.
The amendment as proposed herein is consistent with the objectives of the Provincial Policy
Statement and conforms to Policies of the Growth Plan for the Greater Golden Horseshoe,
which both promote the creation of livable, sustainable and complete communities through
efficient development patterns and an appropriate mix of land uses. The Official Plan
Amendment conforms to the Regional Official Plan.
SECTION 4 THE AMENDMENT
1. The City of Kitchener Official Plan is hereby amended as follows:
3
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a) Amend Map No. 2 Urban Structure by changing the Urban Structure
Identification of the subject lands from Community Node to Community Area, as
.
b) Amend Map No. 3 Land Use by:
i) Designating Area 1 Low Rise Residential instead of Medium Rise
Residential
ii) Designating Area 2 Low Rise Residential instead of Mixed Use, as shown
iii) Designating Area 3 Medium Rise Residential instead of Low Rise
4
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APPENDIX 1: Notice of the Planning and Strategic Initiatives Committee Meeting (June 18,
2018)
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT, AMENDMENTS TO THE KITCHENER ZONING BY-LAW
AND MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-07205
UNDER THE SECTIONS 17, 22, 34 & 51 OF THE PLANNING ACT
Huron Road (Becker Estates Subdivision)
Schlegel Urban Developments Corp. is proposing to modify Draft Approved Plan of Subdivision 30T-
07205 to adjust the locations of medium-rise and low-rise residential uses and to add new local roads.
The owner has requested an Official Plan and Zoning By-law amendment in support of the proposed
modifications and to add zoning regulations that will permit an efficient, contemporary subdivision.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of
Council which deals with planning matters, on:
MONDAY, June 18, 2018 at 6:00 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 proposal. If a person or public body would otherwise
have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at a public meeting or
make written submissions to the City of Kitchener prior to approval/refusal of the proposal, the
person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council - click on the date in the calendar, scroll down & select meeting), or in
th
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).
Katie Anderl, Senior Planner - 519-741-2200 ext. 7987 (TTY: 1-866-969-9994);
katie.anderl@kitchener.ca
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APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (June 18, 2018)
6
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APPENDIX 3 - Minutes of the Meeting of City Council June 25, 2018
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Appendix “B” – Proposed Zoning By-law Amendment
PROPOSED BY LAW
________,2018
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
Schlegel Urban Development Corp. 1940 Fischer
Hallman 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 108 of -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
Eight Zone (R-8) to Residential Six Zone (R-6) with Special Regulation Provisions
732R and 734R.
2. Schedule Number 108of-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 Six
Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provisions 732R
and 734R.
3. Schedule Number 107 of -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 Six
Zone (R-6) to Residential Six Zone (R-6) with Special Use Provision 466U and
Special Regulation Provisions732Rand 735R.
4. Schedule Number 108 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcels of land specified and illustrated as
Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Residential
Four Zone (R-4) to Residential Six Zone (R-6) with Special Regulation Provisions
732R and 734R.
5. Schedule Number 108 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood
Shopping Centre Zone (C-2) with Special Use Provision 392U to Residential Six
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Zone (R-6) with Special Use Provision 466U and Special Regulation Provisions
732Rand 735R.
6. Schedule Number 108 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcels of land specified and illustrated as
Area 6 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Six
Zone (R-6) with Special Use Provision 393U and Special Regulation Provision
502R to Residential Eight Zone(R-8) with revised Special Regulation Provision
502R.
7. Schedule Numbers 108 and 154 of Appe-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Eight Zone (R-8) to Residential Eight Zone(R-8) with Special
Regulation Provision 736R.
8. Schedule Numbers 107, 108, 154 and 155 of-law Number 85-1
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 8 on Map No. 1, in the City of Kitchener, attached
hereto, from Residential Four Zone (R-4) to Residential Six Zone (R-6) with Special
Regulation Provisions 732R and 734R.
9. Schedule Numbers 153 and 154 of-law Number 85-1are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Four Zone (R-4)with Special Regulation Provision 503R to
Residential Four Zone (R-4) with Special Regulation Provisions 503R, 732R and
733R.
10. Schedule Numbers 107, 108, 109, 153, 154 and 155 of-law
Number 85-1are hereby amended by changing the zoning applicable to the parcels
of land specified and illustrated as Area 10 on Map No. 1, in the City of Kitchener,
attached hereto, from Residential Four Zone (R-4) to Residential Four Zone (R-4)
with Special Regulation Provisions 732R and 733R.
11. Schedule Number 108 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 11 on Map No. 1, in the City of Kitchener, attached hereto, from Medium
Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 637R,
Special Use Provision 424U and Holding Provision 67H to Residential Six Zone (R-
6) with Special Regulation Provisions 732R and 735R.
12. Schedule Number 107 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
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Area 12 on Map No. 1, in the City of Kitchener, attached hereto, from Residential
Eight Zone (R-8) with Special Use Provision 425U and Holding Provision 67H to
Residential Eight Zone (R-8) with Special Use Provisions 425U, 467U, Special
Regulation Provision 737R and Holding Provision 67H.
13. Schedule Numbers 107 and 108 of -law Number 85-1 are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 13 on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Use
Provision 466U and Special Regulation Provisions 732Rand 735R.
14. Schedule Numbers 108 and 154 of -law Number 85-1are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 14 on Map No. 1, in the City of Kitchener, attached hereto,
from Open Space Zone (P-2)to Hazard Land Zone (P-3).
15. Schedule Number 154 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 15 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land
Zone (P-3) to Open Space Zone (P-2).
16. Schedule Number -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 16 on Map No. 1, in the City of Kitchener, attached hereto, from Residential
Four Zone (R-4) to Public Park Zone (P-1).
17. Schedule Numbers 107, 108, 109, 153, 154 and 155 -law
Number 85-1are hereby further amended by incorporating additional zone
boundaries as shown on Map No. 1 attached hereto.
18.-law 85-1 is hereby amended by deleting Section 393 thereto.
19.C-law 85-1 is hereby amended by adding Section 466 thereto as
follows:
466. Notwithstanding Section 40.1 of this By-law, within the lands zoned R-6
as shown on ScheduleNumbers107 and 108andshown
as being affected by this subsection, the following uses shall not be
permitted:
Coach House Dwelling Unit
Duplex Dwelling
Lodging House
Semi-Detached Duplex Dwelling
Semi-Detached Dwelling
Single Detached Dwelling
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20.-law 85-1 is hereby amended by adding Section 467 thereto as
follows:
467. Notwithstanding Sections 42 and 5.10A within the lands zoned R-8 as
shown on Schedule Number 107 of Appe
affected by this subsection, a sales centre for the purpose of selling
dwellings within Draft Approved Plan of Subdivision 30T-07205, is permitted
within all or any portion of the building municipally addressed as1940 Fisher
Hallman Road, and existing on the date of passing of this by-law, and is not
required to be removed after a period of three years. Parking shall be
provided at a rate of 1 space per 28 square metres of gross floor area
which accommodates such use.
21. AppendD-law 85-1 is hereby amended by adding Section 732 thereto as
follows:
732. a) Porches shall have a minimum depth of 1.5 metres.
b) Notwithstanding Sections 5.3, 5.5A,5.6.1 a), 5.6A.4 a), 5.24, 6.1.1.1 b)
iv), 6.1.1.1 c) iii), and Special Regulation Provisions 733R and 734Rof
the By-law), within the lands zoned R-4 and R-6 on Schedule Numbers
affected by this subsection:
i. Stairs and access ramps may encroach into a required front yard or
side yard abutting a street, provided the minimum setback to the
encroachment is 1.0 metres from the street line.
ii. Porches attached to the main building may be located within a
required front yard or side yard abutting a street provided the porch
is setback a minimum of 1.5 metres from the street line, whether or
not covered, and provided they are not enclosed and do not exceed
1.2 metres in height above finished grade. Notwithstanding the
foregoing, where any such porch is located in a driveway visibility
triangle, the porch shall not exceed 0.9 metres in height above
finished grade, and railings shall be constructed in a manner and of
materials that do not obstruct visibility.
iii. On a corner lot, an access driveway shall not be located closer than
the following distances to the intersection of street lines abutting the
lot and shall permit the parking of motor vehicles:
i) 8.0 metres for corner lots with frontage on a Major
Community Collector Street;
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ii) 7.0 metres for corner lots with frontage on a Local Street or
Minor Neighbourhood Collector Street; and
iii) 4.5 metres for corner lots with frontage on one street only.
iv. The following regulations shall apply to any lot or block which abuts
the Huron Road Landscape Buffer:
i) The minimum setback for any residential building, or part
thereof, which abuts the Huron Road Landscape Buffer,
shall be 1.5 metres from the property line and any such
building having flankage on the Huron Road Landscape
Buffer shall provide for ground floor and upper storey
windows along the exterior side yard elevation.
ii) Fences and noise attenuation walls may only be located
within a rear yard, and may not be located in the front yard or
between the building and the side lot line abutting Huron
Road Landscape Buffer.
22.D-law 85-1 is hereby amended by adding Section 733 thereto as
follows:
733. Notwithstanding Sections 38.2 and 5.5A of this By-law, within the lands
zoned R-4 and shown as being affected by this subsection on Schedules
107, 108, 109, 153, 154 and 155 the following Special Regulations shall
apply:
For Single Detached and Duplex Dwelling:
a) Minimum Corner Lot Width 12.0 metres
b) Minimum Front Yard Setback 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6.0 metres to a
street line.
c)Minimum Side Yard Abutting a Street 3.0 metres, except no part of any
building used to accommodate off-street parking shall be located closer than
6.0 metres to a street line, where an access driveway crosses the side lot line
and leads to the space inside the garage.
d) Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the
other, provided that:
i.on the side setback less than 1.2 metres from the property line, a0.6
metre easement mustgranted by the owner of the abutting lands for
the maintenance of the walls, eaves and real property.
ii.where a side lot line abuts lands zoned Public Park Zone (P-1), Open
Space Zone (P-2), Hazard Land Zone (P-3) and Community
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Institutional Zone (I-2), the minimum side yard setback of 1.2 metres
is required for the lot line abutting the aforementioned zones.
e) Minimum Rear Yard setback 7.0 metres
f) Garage Façade -
i. Maximum width of a garage attached to a single detached dwelling
located on a lot having a width of 11 metres or less 72.5% of the width
of front façade closest to the street at ground level.
ii. Any attached garage designed to accommodate 2 or more vehicles, and
located on a lot with a width of 11 metres or less, must be designed with
separate garage doors for each parking space located within the
garage, and the garage doors must be separated by a pier.
2
g) Minimum Contiguous Front Yard Landscape Area 17 m. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features
such as driveways, walkways, sidewalks, porches, stairs and ramps.
h) Fence Location - A fence having a height greater than 0.9 metres shall not be
located between a building and any front lot line or side lot line abutting a
street.
23.-law 85-1 is hereby amended by adding Section 734 thereto as
follows:
734. Notwithstanding Sections 40.2 and 5.5A of this By-law, within the lands
zoned R-6 and shown as being affected by this subsection on Schedules
107, 108, 154 and 155 the following Special Regulations shall apply:
For Single Detached and Duplex Dwelling:
a) Minimum Corner Lot Width 12.0 metres
b) Minimum Front Yard Setback 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6.0 metres to a
street line.
c)Minimum Side Yard Abutting a Street 3.0 metres, except no part of any
building used to accommodate off-street parking shall be located closer than
6.0 metres to a street line, where an access driveway crosses the side lot line
and leads to the space inside the garage.
d) Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the
other, provided that:
i.on the side setback less than 1.2 metresfrom the property line, a 0.6
metre easement must be granted by the owner of the abutting lands for
the maintenance of the walls, eaves and real property.
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ii. where a side lot line abuts lands zoned Public Park Zone (P-1), Open
Space Zone (P-2), Hazard Land Zone (P-3) and Community Institutional
Zone (I-2), the minimum side yard setback of 1.2 metres is required for
the lot line abutting the aforementioned zones.
e) Minimum Rear Yard setback 7.0 metres
f) Garage Façade
i. Maximum width of a garage attached to a single detached dwelling located
on a lot having a width of 11 metres or less 72.5% of the width of front
façade closest to the street at ground level.
ii. Any attached garage designed to accommodate 2 or more vehicles and
located on a lot with a width of 11 metres or less, must
be designed with separate garage doors for each parking space located
within the garage, and the garage doors must be separated by a pier.
2
g) Minimum Contiguous Front Yard Landscape Area 17 m. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features
such as driveways, walkways, sidewalks, porches, stairs and ramps.
h) Fence Location - A fence having a height greater than 0.9 metres shall not be
located between a building and any front lot line or side lot line abutting a street.
For Street-Fronting Townhouse Dwelling:
a) Minimum Corner Lot Width 9.6 metres
b) Minimum Front Yard Setback 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6.0 metres to a
street line.
c)Minimum Side Yard Abutting a Street 3.0 metres, except no part of any
building used to accommodate off-street parking shall belocated closer than
6.0 metres to a street line, where an access driveway crosses the side lot line
and leads to the space inside the garage.
d) Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the
other, provided that:
i. on the side setback less than 1.2 metres from the property line,a0.6
metre easement must granted by the owner of the abutting lands for the
maintenance of the walls, eaves and real property.
ii. where a side lot line abuts lands zoned Public Park Zone (P-1), Open
Space Zone (P-2), Hazard Land Zone (P-3) and Community Institutional
Zone (I-2), the minimum side yard setback of 1.2 metres is required for
the lot line abutting the aforementioned zones.
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e) Minimum Rear Yard setback 7.0 metres
f) Maximum Building Height 11.5 metres
2
g) Minimum Contiguous Front Yard Landscape Area 8 m. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features
such as driveways, walkways, sidewalks, porches, stairs and ramps.
h) A fence having a height greater than 0.9 metres shall not be located between a
building and any front lot line or side lot line abutting a street.
i) Maximum Lot Coverage - A total of 60 percent, of which the habitable portion
of the dwelling shall not exceed 50 percent and the accessory buildings or
structures, whether attached or detached, shall not exceed 15 percent.
j)Maximum Number of Attached Units 8 units.
24.-law 85-1 is hereby amended by adding Section 735 thereto as
follows:
735. Notwithstanding Section 40.2 of this By-law, within the lands zoned R-6 and
shown as being affected by this subsection on Schedules 107 and 108, the
following Special Regulations shall apply:
For Street-Fronting Townhouse Dwelling:
a) Minimum Corner Lot Width 9.6 metres
b) Minimum Front Yard Setback 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6.0 metres to a
street line.
c)Minimum SideYard Abutting a Street 3.0 metres, except no part of any
building used to accommodate off-street parking shall be located closer than
6.0 metres to a street line, where an access driveway crosses the side lot line
and leads to the space inside the garage.
d) Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the
other, provided that:
i. on the side setback less than 1.2 metres from the property line, 0.6 metre
easement must granted by the owner of the abutting lands for the
maintenance of the walls, eaves and real property.
ii. where a side lot line abuts lands zoned Public Park Zone (P-1), Open
Space Zone (P-2), Hazard Land Zone (P-3) and Community Institutional
Zone (I-2), the minimum side yard setback of 1.2 metres is required for
the lot line abutting the aforementioned zones.
e) Minimum Rear Yard setback 7.0 metres
f) Maximum Building Height 11.5 metres
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2
g) Minimum Contiguous Front Yard Landscape Area 8 m. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features
such as driveways, walkways, sidewalks, porches, stairs and ramps.
h) A fence having a height greater than 0.9 metres shall not be located between a
building and any front lot line or side lot line abutting a street.
i) Maximum Lot Coverage - A total of 60 percent, of which the habitable portion
of the dwelling shall not exceed 50 percent and the accessory buildings or
structures, whether attached or detached, shall not exceed 15 percent.
j)Maximum Number of Attached Units 8 units.
For Multiple Dwelling:
a) Minimum Front Yard and Side Yard Abutting a Street 3.5 metres
b) Minimum Side Yard Setback 1.2 metres
c) Minimum Rear Yard setback 7.0 metres
d) Maximum Floor Space Ratio 0.75
e) Maximum Building Height 11.5 metres
f)An exclusive use Private Patio Area shallnotberequired adjacent to each
dwelling unit located at ground floor level.
25.-law 85-1 is hereby amended by adding Section 736 thereto as
follows:
736. Notwithstanding Sections 42.2 of this By-law, within the lands zoned R-8
and shown as being affected by this subsection on Schedules 108 and 154
the following special regulations shall apply:
For Multiple Dwelling:
a) Minimum Front Yard and Side Yard Abutting a Street 3.5 metres for that
portion of a dwelling not exceeding 11.5 metres in height, and an additional
setback of 1.5 metres shall be required for every additional portion of 3.0
metres of building height thereafter.
b) Minimum Side Yard Setback 1.5 metres for that portion of a dwelling not
exceeding 11.5 metres in heights, and an additional setback of 1.0 metres shall
be required for every additional portion of 3.0 metres in building height.
c) Minimum Rear Yard setback 7.0 metres
d)An exclusive use Private Patio Area shall not be required adjacent to each
dwelling unit located at ground floor level.
26.D-law 85-1 is hereby amended by adding Section 737 thereto as
follows:
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737. Notwithstanding Sections 42.2, 425U, 467U, within the lands zoned R-8 and
shown as being affected by this subsection on Schedule Number 107 of
building existing on the date of passing of the by-law and addressed as
1940 Fischer Hallman Road shall be 3.8 metres.
27.D-law 85-1 is hereby amended by deleting Section 502 thereto
and replacing it as follows:
Notwithstanding Sections 42.2 and 6.1.2 of this By-law, within the lands
zoned R-8 and shown as being affected by this subsection on Schedule 108
the following Special Regulations shall apply:
Multiple Dwellings
a) the minimum setback to a street (whether considered a front, side or rear
yard) - 1.5 metres
b) the maximum setback to a street (whether considered a front, side or rear
yard) - 4.5 metres
c) the maximum building height - 4 storeys or 15.0 metres
d)An exclusive use Private Patio Area shall not be required adjacent to each
dwelling unit located at ground floor level.
e) Parking shall be provided at a rate of 1.25 spaces per unit.
f)Off-street parking may not be locatedbetween any building façade and the
streetline.
g) Stairs and access ramps may encroach into a required front yard or side yard
abutting a street, provided the minimum setback to the encroachment is 1.0
metres from the street line.
28. This By-law shall come into effect only upon approval by the Minister of Municipal
Affairs and Housing, or his/her delegate, of Official Plan Amendment No.
______, 1940 Fischer Hallman Road, but upon such approval, the provisions
hereof affecting such lands shall be deemed to have come into force on the date
of passing hereof.
PASSED at the Council Chambers in the City of Kitchener this
day of ,2018
_____________________________
Mayor
_____________________________
Clerk
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Appendix “C” – Proposed Conditions of Draft Plan Approval, Modified Draft Plan and Cost Sharing Schedule
That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and Delegation By-law 2002-64, hereby modifies the plan and
conditions of draft approval for Plan of Subdivision Application 30T-07205, in the City of
Kitchener, for Schlegel Urban Developments Corp, so that the conditions of draft approval
read as follows (asterisk indicates revised and/or new conditions and bolding denotes
modified wording):
*1. That this approval applies to Plan of Subdivision 30T-07205 for Schlegel Urban
Developments Corp. as shown on the attached Plan of Subdivision prepared by the City of
Kitchener dated August 6, 2009 and last revised May 11, 2018, which shows the following:
Stage One
Lots 1 185 Single Detached 185 units
Blocks 186 187 Multiple Residential 108 units (max)
Blocks 188 190 Street Townhouse 80 units (max)
Block 191 School
Blocks 192194 Park
Block 195 Open Space/Wetland
Block 196 Open Space/SWM
Blocks 197 199 Open Space/Planting Strip
Block 200 201 Road Widening
Blocks 202 203 0.3m reserve
Stage Two
Blocks 1 2 Multiple Residential 102 units (max)
Blocks 3 5 0.3m reserve
Stage Three
Lots 1 83 Single Detached 83 units
Blocks 84 86 Street Townhouse 63 units
Blocks 8788 Park
Blocks 89 91 0.3m reserve
Stage Four
Lots 1 14 Single Detached 14 units
Stage Five
Blocks 1 4 Single/Semi/Street Townhouse 39 46 units
Block 5 Street Townhouse 15 units
Block 6 Park
Block 7 0.3 m reserve
Stage Six
Block 1 Multiple Residential 2530 units
Stage Seven
Blocks 1 7 Single/Semi/Street Townhouse 4357 units
Block 8 0.3 m reserve
Stage Eight
Blocks 1 3 Single/Semi/Street Townhouse 1216 units
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-2 -
Block 4 Future Development (ROW)
Block 5 6 0.3 m reserve
Stage Nine
Blocks 1 4 Single/Semi/Street Townhouse 4860 units
Block 5 Park
Block 6 Future Development (ROW)
Blocks 7 8 0.3 m reserve
Stage Ten
Blocks 1 5 Single/Semi/Street Townhouse 6177 units
Block 6 Walkway
Stage Eleven
Block 1 Multiple Residential 44 55 units
Stage Twelve
Block 1 Mixed Use
Stage Thirteen
Block 1 Mixed Use
Stage Fourteen
Block 1 Multiple Residential 3947 units
Total 9611038 units
2. CITY OF KITCHENER 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 Plan of
Subdivision dated August 6, 2009, and last revised May 11, 2018 which shall contain the
following special conditions:
Part 1 General Conditions
1.4 a) The SUBDIVIDER shall pay the cost of installation of the following public services:
sanitary sewers, drainage works, storm sewers, watermains, underground electrical
distribution plant and lighting with attendant conductors, pipes, pedestals and
transformers, driveway ramps, streets, pavements, curbs, gutters, fences in public
rights-of-way, boulevard landscaping including trees, street name signs, traffic control
signs, sidewalks, and all necessary connections, other appurtenances and outlets to the
foregoing services.
b) The SUBDIVIDER shall install the public services defined in clause a) above to the
engineering plans and procedures
alternative road cross-section designs and right-of-way widths shall be installed as
approved by the Director of Engineering and
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-3 -
c) Notwithstanding clauses a) and b) above, the SUBDIVIDER shall install any other
services including, but not limited to works and services on existing streets as are
required to bring the subdivision and abutting and outlet streets up to
Services.
Part 2 - Prior to Area Grading
2.1 SUBDIVIDER shall prepare an Area Grading, Erosion and Siltation Control Plan to the
Services at the time of draft approval.
At the discretion of the Director of Engineering, area grading may proceed in a
phased approach subject to the overall area grading, erosion and siltation control
strategy.
2.11 This agreement shall be executed by all parties and registered on title to the lands
described in the first Schedule attached.
2.12 The SUBDIVIDER shall provide confirmation that any on-site monitoring wells, existing
private wells and septic systems within the lands proposed to be graded that are
required by the Director of Engineering to be decommissioned have been
decommissioned in accordance with Ministry of Environment standards to the
*2.13 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to
submit and obtain approval of an Environmental Monitoring Program including that
described in the approved Environmental Impact Study and General Vegetation
Overview, Natural Resource Solutions Inc. dated October 2007, the Preliminary
Stormwater Management Report, MTE, October 2007 and also including any additions
or modifications identified by the CITY or Grand River Conservation Authority as part of
the final review and approval of the Environmental Monitoring Program. The program is
to be approved by the Director of Engineering in consultation with the Director of
Planning, the Director of Operations Roads and Traffic and the Grand River
Conservation Authority.
2.14 Prior to commencing any grading the SUBDIVIDER shall provide a Letter of Credit
based on 60% of the estimated cost of approved erosion and sedimentation control
measures to be implemented as part of Section 2.1 or $100,000 whichever is greater
to ensure implementation of the approved Environmental Monitoring Program.
The Letter of Credit will be reduced to 15% or $50,000 whichever is greater, upon
completion of area grading
and certified the erosion and sedimentation control measures to the satisfaction of the
f Engineering Services.
has expired (after 90% of the pond catchment area is stabilized meaning buildings are
constructed and lots/blocks are sodded or vegetated to t
Director of Engineering Services.
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-4 -
*2.15 The SUBDIVIDER agrees that that part of Plains Road which is within 30T-07205 must
be legally and physically closed and that a temporary turning circle, contained within
Stages 5 and 6,
grant an easement to the CITY for the temporary turning circle. The SUBDIVIDER
agrees that all costs associated with the closure of Plains Road, including but not
limited to the preparation and erection of notice signs, preparation of a reference plan,
and physical works required, and any legal fees or fees associated with registration will
be the SUBD
*2.16 Prior to grading for Block 1 (Stage 13), Haldimand Street, and Block 1 (Stage 6),
whichever shall occur first, the SUBDIVIDER agrees to install a construction/silt
fence around the perimeter of Block 1 (Stage 14) in accordance with the
recommendations of the Conservation Plan for 1940 Fischer Hallman Road
prepared by Anderson Wellsman Architects Incorporated, dated May 11, 2018, to
maintain the integrity of the fence throughout the construction period.
Further, prior to grading for Block 1 (Stage 13), Haldimand Street, and Block 1
(Stage 6), whichever comes first, the SUBDIVIDER agrees to provide a report to
of Planning commenting on the means and
methods that shall be used to minimize vibration during the grading, road
construction and site servicing. Should the SUBDIVIDER become aware of
cracks in the masonry during the grading or construction period, the
SUBDIVIDER agrees to stop work in the vicinity of the farmhouse and notify the
engineer of record and the Heritage Consultant so that corrective action may be
*2.17 Prior to grading associated with adjacent lands, including Block 1 (Stage 13),
Haldimand Street, and Block 1 (Stage 6), whichever comes first, the SUBDIVIDER
shall provide a Letter of Credit in the amount of $244,700 to ensure satisfactory
completion of the Conservation works as described in the Budget for 1940
Fischer Hallman Road, prepared by Anderson Wellsman Architects Incorporated
Should conservation and restoration works not be completed as approved, the
City may use the Letter of Credit to have the necessary works completed. The
on the lands and so complete the required conservation and restoration works to
the extent of the monies received under the Letter of Credit. The Letter of Credit
shall be released by the CITY when the required restoration has been completed
Planning.
*2.18 (delete)Prior to grading or registration, whichever may occur first, the SUBDIVIDER
agrees to work with the downstream land owner(s) and CITY to complete an erosion
analysis and works required to mitigate adverse erosion impact of the south branch of
Str
Grand River Conservation Authority.
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Part 3 - Prior to Servicing
*3.4 The SUBDIVIDER shall prepare a detailed engineering design for storm water
management, including any requisite monitoring including that described in the
Environmental Impact Study and General Vegetation Overview, Natural Resource
Solutions Inc. dated October 2007, Preliminary Stormwater Management Report, MTE,
October 2007 and also including any additions or modifications identified by the CITY or
GRCA as part of the final review and approval of the Environmental Monitoring
Director of Operations Roads and Traffic
Engineering Services at the time of draft approval.
3.9 Before release of the security set out in Section 3.6, the SUBDIVIDER shall provide
securities in a form set out in Section 3.6 above in an amount equivalent to the value of
fifteen percent of the value of works being accepted, or $5,000.00 whichever is the
greater, to support the warranty and guarantee as provided in Section 3.7.
*3.16 The SUBDIVIDER acknowledges that sidewalks are required to be constructed
Sidewalk Location Policysave and except for locations where a Multi-Use
Pathway has been approved by the Director of Parks and Cemeteries in lieu of a
sidewalk in accordance with the Multi-Use Pathway Plan.
Where a Multi-Use Pathway takes the place of a sidewalk, the Multi-Use Pathway
must be constructed at such time as the road is constructed and to the
satisfact
Cemeteries, and at the expense of the SUBDIVIDER.
Prior to servicing, the SUBDIVIDER, agrees to submit design plans for the
commemorative sidewalk treatments, prepared in consultation with their
Heritage Consultant, including sidewalk colour, surface treatments, and a Plains
Road commemoration concrete stamp or other form of monumentation, for
approval of the Director of Planning, in consultation with the Director of
Engineering and the Director of Parks and Cemeteries. The SUBDIVIDER
acknowledges that commemorative sidewalk treatments will be required at all
locations where sidewalks intersect with the former Plains Road right-of-way, in
accordance with the Plains Road Commemoration Design Brief, prepared by
GSP Group and dated August, 2008.Commemoration sidewalk treatments shall
be installed at the time of sidewalk installation within each Stage of the plan of
subdivision, and allcosts associated with the commemorativesidewalk
treatments are the responsibility of the SUBDIVIDER.
*3.17 The SUBDIVIDER shall confirm that the servicing drawings:
a) Do not conflict with preliminary driveway locations and potential locations for
utilities, hydrants or community mail box facilities.
b) Provide that no driveways shall be installed within 1.0m of a street light pole or
hydro pole or where the wheels of a vehicle would pass over any part of a
submersible transformer vault.
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-6 -
c) Provide that no sewer or water service will be installed within 1.5m of the centre of
proposed submersible transformer vault or within 0.9m of a proposed electrical
service stub and that no fire hydrant will be installed within 3.0m of a proposed
street light pole or hydro pole. The SUBDIVIDER shall be responsible for ensuring
that these separations are maintained.
d) The location of concrete pads for the placement of the Community Mail Boxes
shall be approved by Canada Post and shall be shown on the servicing drawings.
Said pads are to be poured at the time of curb and/or sidewalk installation within
each Stage of the plan of subdivision. Should temporary locations be required, the
SUBDIVIDER shall work with Canada Post to determine and provide suitable
locations until the curbs, boulevards and sidewalks are in place in the remainder of
the subdivision.
e)Do not conflict with the Plains Road Commemoration sites to be located
within the right-of-ways as identified in the approved Plains Road
Commemoration Design Brief. Commemoration Features incorporated into
the sidewalk design shall be installed at the time of sidewalk installation
within each Stage of the plan of subdivision.
*3.18 Prior to servicing or registration, whichever may come first, of any Stage including any
portion of any of the streets set out in this paragraph the SUBDIVIDER shall prepare a
Streetscape Plan for Priority Streets, those being Wallaceton Way,Beckview Drive,
Tartan Ave and John Wallace Drive, and Haldimand Street as the Secondary
Transportation Services
Director of Parks and Cemeteries in consultation with the Region of Waterloo. The
Streetscape Plan shall illustrate a consistent streetscape theme for the Priority Streets
showing:
a) Design and construction details for a centre median boulevard at the intersections
of Beckview Drive and Huron Road, andWallaceton Way and Fischer Hallman
Road with preference for low-maintenance, sustainable plantings and decorative
streetscape elements;
b) Design and construction details for defined pedestrian crosswalks at the following
intersections: Wallaceton Way andTartan Ave/John Wallace Drive,Beckview
Drive andTartan Ave, Beckview Drive and John Wallace Drive/Beckview
Crescent, Tartan Ave andSpachman Street, andHaldimand Street and
Beckview Drive;
c) Design and construction details for traffic calming features including the centre
median, alternate intersection treatments such as a raised intersections, and
traffic calming measures such as pavement narrowing, curb extensions, centre
medians or other;
d) Conceptual gateway features at the Wallaceton Way and Fischer Hallman Road,
and Beckview Drive and Huron Road intersection;
e) Conceptual street tree planting locations for Wallaceton Way,Beckview Drive,
Tartan Ave and any intersections with enhanced treatments along Beckview
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Drive from Huron Road to Haldimand Street,Wallaceton Way,Tartan Ave, and
John Wallace Drive/Beckview Crescent along the central park;
f) Conceptual locations and type of flankage lot streetscape features, such as
decorative fencing and landscaping between the side yard fencing and sidewalk for
flankage lots;
g) Potential locations of utilities and transit stops;
h) Conceptual location and types of Plains Road Commemoration Features to be
located within the rights-of-way.
The centre medians, traffic calming features, commemoration features and crosswalks
shall be installed by the SUBDIVIDER with the initial road construction.
*3.19 (Delete)Prior to servicing, on a Stage by Stage basis, and in the interest of providing
a variation in housing design within lot-less blocks, the SUBDIVIDER agrees that the
Lotting Plan, as required under Section 3.14, for Stage 1 (Blocks 1-11), Stage 2 (Block
1), Stage 3 (Block 1), Stage 4 (Block 1), Stage 6 (Blocks 1 5), Stage 8 (Blocks 1-5),
Stage 9 Blocks (1-4), Stage 11 (Blocks 1-7), Stage 12 (Blocks 1-3), Stage 13 (Blocks 1-
4), Stage 14 (Blocks 1-5) and Stage 16 (Blocks 1-2) shall have a mixture of lot widths
across the above noted Stages. The Lotting Plan for each Stage shall reflect the
provision of priority lots as indicated on the Priority Lotting Plan, as prepared by GSP
th
Group dated, August 6, 2009. Will be lotted out through mods)
*3.20 Prior to Servicing or Registration whichever may come first, on a Stage by Stage basis,
the SUBDIVIDER shall confirm whether decorative street signage and street lighting will
Transportation Services and KW
Hydro. Should these decorative elements be utilized, they shall be installed at the
one-time supply of 10% of the materials for future replacement/maintenance, to the
Transportation Services and KW Hydro.
*3.21 Prior to Servicing or Registration of anyStage whichever may come first, on a Stage by
Stage basis, the SUBDIVIDER shall submit an On-Street Parking Plan for the Stage to
Transportation Services in accordance with
-Street Parking Policy I-1070.
*3.22Prior to Servicing or Registration of any Stage, whichever shall occur first, the
SUBDIVIDER agrees to submit a functional design for the implementation of
bicycle lanes, on-street parking bays and intersection curb extensions, for
Wallaceton Way, Beckview Drive, Tartan Avenue and John Wallace Drive, as
applicable, eering, Director of
Transportation Services and Director of Operations Roads and Traffic.
*3.23 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees
to submit an operational analysis and functional design for the roundabout,raised
intersection or other proposed traffic calming measures at the intersections of
Wallaceton Way andTartan Ave,Tartan Avenue and Beckview Drive,John
Wallace Drive/Beckview Crescent and Beckview Drive,Haldimand
Street/Beckview Crescent andBeckview Drive,Tartan Avenue andSpachman
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Street
of Engineering Services
Roads and Traffic with respect to any Stage that includes any of the said intersections
and only for the intersection(s) within such Stage. In the event that it is determined
through the operation analysis and/or functional design that additional property is
required to construct the roundabout, the SUBDIVIDER agrees to dedicate the required
property to the CITY and that any necessary modifications be made to the plan.
*3.24. Prior to Servicing or Registration, whichever may come first, the SUBDIVIDER
agrees to prepare a Multi-Use Pathway (MUP) Plan that illustrates the alignment,
treatment and sequencing of the Secondary Multi-Use Pathways through the
and Director of Planning. The MUP Plan shall consider all MUP locations shown
on Map 11 of the Official Plan (Integrated Transportation System) and may give
consideration to interim and permanent locations of the MUP along on
Wallaceton Way and/or Block 1 (Stage 12) and Tartan Ave and/or Block 1 (Stage
11).
Part 4 - Prior to the Application for Any Building Permits in Each Stage
*4.5
Planning showing the following:
i. the pairing of driveways for lots having widths 10.9 metres or less except where
consid
ii. where lots in the subdivision abut a park entrance or a public walkway,
driveways on the side of the lot furthest away from the park entrance or public
walkway, as the case may be;
iii. the location of concrete transit pads and community mailbox pads, where the
location has been determined by the appropriate authority; and
iv. the location of Plains Road Commemoration Features to be located within the
rights-of-way of Scots Pine Trail,Spachman Street,Florencedale Crescent,
the intersection of Tartan Avenue andFlorencedale Crescent,Beckview
Crescent, the intersection of Beckview Drive andGloria Street, the
intersection of Haldimand Street andRoywood Street,Grassbourne
Avenue, the intersection of Broadacre Drive andSugar Trail, and Plains
Road.
b) The SUBDIVIDER shall submit with the plan, a letter from its consulting engineer
indicating that the plan does not conflict with the Grading Control Plan of approved
utility locations, and a letter from its Heritage Consultant, indicating that the plan does
not conflict with the Plains Road Commemoration Features for each lot immediately
adjacent to the commemoration features (if any of such lots are within the Stages for
which building permits are being sought).
4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water
pressure to all lots and blocks within proposed development, to the satisfaction of the
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*4.23The SUBDIVIDER agrees that no building permit shall be applied for or issued for
Corner (C) Priority Lots, Park (P) Priority Lots, Terminating Vista (T) Priority Lots,
Window Street (W) Priority Lots, Gateway (G) Lots,or Natural Heritage Feature Lot
(NH) asidentified in the approved Design Guidelines for Priority Lots, until the required
building elevation and/or building location drawings have been submitted and approved
proposed building thereon to ensure that consideration has been given to the design
treatment of each lot/dwelling including such items as the provision of porches, porticos,
stairs or other projections; horizontal articulation; brick or masonry style skirtingand/or
accentuated windows; and secondary entries.
Part 6 - Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision
shall be restricted to using Huron Road and Fischer Hallman Road and prohibited from
using Tartan Avenue. The SUBDIVIDER agrees to advise all relevant contractors,
builders and other persons of this requirement with the SUBDIVIDER being responsible
Services.
*6.11 The SUBDIVIDER shall satisfy the parkland dedication for the entire subdivision
by the conveyance of Blocks 192 194 & 197 199 (landscape blocks) (Stage 1),
Blocks 8788 (Stage 3), Block 6 (Stage 5) and Block 5 (Stage 9) to the CITY, at
no cost and free of encumbrance. Conveyance of each of the said Blocks will
take place with respect to each of the foregoing Blocks at the time of
registration of the Stage in which such Block is located and not in advance
thereof. The SUBDIVIDER agrees that the parkland provided within the plan of
subdivision shall be at no additional frontage costs to the CITY.
The CITY, at its sole discretion and to the satisfaction of the CITY Solicitor in
Parks and
Cemeteries, may enter into a Parkland Dedication Deferral Agreement with the
SUBDIVIDER, prior to registration. Such an agreement may permit affected lands
to be conveyed to a Condominium Corporation (as a Common Element in a Plan
of Condominium) or to an entity such as a Business Corporation who may own
and operate the parks as Privately Owned and Maintained Publically Accessible
Parks (POMPA Parks). Any such deferral of parkland dedication shall be to the
satisfaction and subject to the terms and conditions found acceptable to the
Director of
Parks and Cemeteries, and which may include measures such as but not limited
to further modifications to conditions of Draft Plan Approval for 30T-07205,
approval of a Draft Plan(s) of Condominium, development agreements, license
agreements, maintenance agreements, condominium agreements, letters of
credit, option agreements, no dealing covenants, or such other agreements,
terms and conditions as the CITY may require.
The SUBDIVIDER agrees that the POMPA Parks which may be subject to such a
deferred parkland dedication, shall be conveyed to the CITY upon demand for
any reason.
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*6.12 a) The SUBDIVIDER agrees to complete construction of the commemoration parks in
any Stage, being those parks identified in the attached Commemoration Cost
Sharing Schedule, in accordance with the approved design and specifications for
such parks subject to the limitations set out herein with respect to the monies to be
spent on account thereof, as set out in the attached Commemoration Cost
Sharing Schedule, within one year following registration or servicing of the
associated Stage, whichever occurs first or in the event of winter conditions by June
st
1 immediately following the first occupancy in the associated Stage. Any and all
construction costs (including grading, top soiling, seeding, sodding, installation of
playground equipment, landscaping, seating and signage) of such commemoration
parks in accordance with the approved park design shall be paid for by the
park shall be reimbursed to the SUBDIVIDER in accordance with the attached
Commemoration Cost Sharing-Schedule. The SUBDIVIDER shall complete the
construction of each commemoration park in accordance with the agreed
specifications for such commemoration park, noting that the agreed specifications
must respect the monies available to pay, with the completion of the same in
accordance with the relevant provisions of the attached Commemoration Cost-
Sharing Schedule.
an
engineer or landscape architect that the same has been substantially completed in
accordance with the agreed specifications and upon written confirmation to the
CITY by such professional of the costs incurred on account thereof by the
SUBDIVIDER. In the event that such costs are less than the total which the
SUBDIVIDER and the CITY have agreed to contribute pursuant to the attached
Commemoration Cost-Sharing Schedule on account of the same then the savings
shall be apportioned between the SUBDIVIDER and the CITY in accordance with
their percentage obligations for payments on account of the commemoration park in
question.
The obligation of the SUBDIVIDER to contribute to the costs of the completion of
each of the commemoration parks beyond the standard developer responsibility is
Commemoration Cost-Sharing Schedule subject to increases on account of inflation
as determined in accordance with the index set out in the said Schedule calculated
from June 1, 2009.
The obligation of the CITY to contribute to the costs of the completion of each of the
commemoration parks including the standard CITY responsibility is limited to the
d Commemoration
Cost-Sharing Schedule subject to increases on account of inflation as determined in
accordance with the index set out in the said Schedule calculated from June 1,
2009.
The CITY and SUBDIVIDER may, but neither is obligated to, agree in writing to
contribute additional monies beyond the amounts identified in the Commemoration
Cost Sharing Schedule.
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If, following the completion of any of the said commemoration parks, the amount of
costs to be contributed by either or both of the CITY or SUBDIVIDER on account of
such park should not have been fully expended on account of a specific
commemoration park, the surplus cannot be applied to the costs associated with
any other of the said commemoration parks without the express written consent of
the SUBDIVIDER with respect to the surplus Developer Contribution or of the CITY
with respect to the surplus City Contribution.
b) If sufficient funds are available from the appropriate CITY Development Charge
Account, to permit the CITY to fund the construction of neighbourhood parks, upon
certification of completion of the same, the SUBDIVIDER agrees to complete
construction of the Neighbourhood Parks being Block 192 (Stage 1) and Block
5 (Stage 9) in accordance with the approved designs, within one year following
registration or servicing of the associated Stage, whichever occurs first, or in the
st
case of winter conditions by June 1 immediately following the first occupancy of
the associated Stage. Any and all construction costs of the park (including grading,
top soiling, seeding , sodding, installation of playground equipment, landscaping,
seating and signage) in accordance with the approved park design shall be paid for
by the SUBDIVIDER and the applicable construction costs, such as playground
equipment, landscaping and trail surface treatments, shall be reimbursed to the
SUBDIVIDER as applicable.
If sufficient money is not allocated from the appropriate CITY Department Charge
Account(s) to permit the CITY to fund the construction of the neighbourhood parks
or if the works are not a Development Change eligible expense and the
SUBDIVIDER wishes to proceed with the construction of any such parks prior to
such time as money is allocated from the appropriate CITY Department Charge or
other Account(s), the SUBDIVIDER agrees to provide and up-front the cost of these
works.
Should these works with respect to any such parks become Development Charge
eligible, the CITY agrees to recognize any monies paid by the SUBDIVIDER for any
works or services normally p
with such monies to be refunded or to be recognized as a credit towards any CITY
Development Charge payable for any lot or block within the lands subject to
Application 30T-07205 in accordance with the applicable CITY Development
Charge By-law and Policies in effect at the time the monies are paid by the
SUBDIVIDER or the works become a Development Charge eligible expense,
whichever shall be later.
A Supplementary Agreement identifying each lot or block for which credits are
payable shall be registered for each Stage prior to the registration of each Stage
until there is no outstanding balance remaining.
If, following the registration of all Stages and issuance of all building permits, there
is any outstanding credit balance, it shall remain with the lands to be used as a
credit for future development, or alternatively, the CITY may enter into an
agreement with the Subdivider, under Section 40 of the Development Charges Act,
to enable the transfer of Development Charge credits to other benefitting lands
within the community, subject to satisfactory arrangements being made between all
parties.
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*6.13(delete)The SUBDIVIDER agrees that the streets shall be named to the satisfaction of
ning in accordance with Council Policy I-1070 and that the
Region of Waterloo has approved the proposed street names.
*6.14Prior to the first Site Plan Approval for any of Block 1 (Stage 12), Block 1 (Stage
13), and Block 1(Stage 14)the SUBDIVIDER agrees to receive approval of a
Design Plan for Coordinated Gateway Features at the intersections of Wallaceton
Wayand Fischer Hallman Road and Haldimand StreetandFischer Hallman Road
rdance
with the Fischer Hallman Road Corridor Design Guidelines. Further, the
SUBDIVIDER agrees that the detailed design and installation of gateway features
shall be implemented through the Site Plan Approval and individual Landscape
Plans prepared for t
of Planning. All costs associated with design, installation and maintenance of
these features shall be the cost of the SUBIDIVIDER.
6.15 Prior to occupancy of the first unit being granted within each Stage, the SUBDIVIDER
shall determine the locations of all centralized mail receiving facilities for the subject
Planning. If required, the
SUBDIVIDER shall provide temporary suitable centralized mail box locations that may
be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for
the plan of subdivision.
*6.16 The SUBDIVIDER agrees:
a) To install black vinyl chain link fencing on Walkway Block 6 (Stage 10) within one
year of occupancy of the lots that are immediately adjacent to said Walkway Blocks.
The SUBDIVIDER further agrees to include a statement in all Offers of Purchase
and Sales Agreements with builders that will require the builders to include a
statement in all Offers of Purchase and Sale Agreements, and/or Rental
Agreements with home buyers for said lots, that advises that special fencing is
being installed on the walkway blocks and that owners of said lot are restricted from
installing solid board or other like solid fencing along the common property line with
the walkway block.
b) The SUBDIVIDER agrees to install a 1.8 metre high wood fence along the
property line of Lots 184 & 185 (Stage 1) where said property lines are
adjacent to park Block 194 (Stage 1), and be located 0.30 metres onto the
private property. Such fences must be constructed in accordance with the
-law and must be constructed within one year of occupancy
to the satisfaction of the Director of Planning. Anoisewall constructed in
accordance with the approvedNoise Study may take the place of any portion
of fence which may be required to be constructed by this condition, to the
satisfactio
6.17 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with
builders that will require the builders to include a statement in all Offers of Purchase
and Sale Agreements, and/or Rental Agreements with home buyers, which advise as
follows:
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a) that the home/business mail delivery will be from a designated Community Mail
Box; and
b) that identifies the exact Community Mail Box locations.
ts of purchase
and sale with its builders shall require that the location of all Community Mail Box
facilities be shown on maps, information boards and plans, including maps
displayed in the sales office(s).
6.18 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with
builders that will require the builders to include a statement in all Offers of Purchase
and Sale Agreements, and/or Rental Agreements with home buyers that:
a)advise that there is a planned transit route through the neighbourhood and to provide
an information pamphlet or website address regarding Grand River Transit services;
b) identify the presence of the water pressure reduction devises and advises that it not
be removed by the owner/occupant;
c) advisethat the property is subject to approved Design Guidelines for Priority Lots (if
applicable). Thisstatement shall also advise purchasers and subsequent owners of
such Priority Lots that they are required to follow the guidelines, for items such as future
additions, major alterations and fencing, and other matters.
6.19 The CITY and HYDRO, where applicable, agree to implement street furniture and hydro
utilities on Wallaceton Way,Beckview Drive and Tartan Avenue, to be of a style and
in keeping with the intent of the approved Streetscape Plan or Design Guidelines for
Priority Lots. The SUBDIVIDER agrees to work with the Regional Municipality of
Waterloo on the design and construction of transit stops in these locations to be in
keeping with the intent of the approved Streetscape Plan or Design Guidelines for
Priority Lots.
*6.20 The SUBDIVIDER agrees that the Summary of Interim Conservation and
Rehabilitation Works identified in the approved Conservation Plan for 1940
Fischer Hallman Road prepared by Anderson Wellsman Architects Incorporated,
dated May 11, 2018 shall be completed prior to registration of any phase, or prior
to December 31, 2018, whichever shall occur first, to the satisfaction of the
CITY's Director of Planning. Should the conservation works not be completed by
the specified date the CITY shall use the Letter of Credit (required by condition
2.17) to have the necessary conservation works completed. The CITY, its
ion
to any other remedies that the CITY may have, enter on the lands and so
complete the required conservation works to the extent of monies received
under the Letter of Credit. The cost of completion of such works shall be
deducted from the monies obtained from the Letter of Credit. In the event that
there are required exterior conservation works remaining to be completed, the
City may by by-law exercise its authority under Section 427 of the Municipal Act
to have such works completed and to recover the expense incurred in doing so
in like manner as municipal taxes.The Letter of Credit will be reduced when the
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conservation works have been completed and certified by a heritage consultant
to the satisfaction of the Director of Planning;
*6.21 The SUBDIVIDER agrees that prior to application for or issuance of Site Plan
Approval for lands contained within Block 1 (Stage 14), a Heritage Impact
Assessment addressing the impact of the proposed development on the
farmhouse, and Heritage Design Guidelines for 1940 Fischer Hallman Road
addressing the restoration and reuse of the farmhouse and the design and
development of any nearby lands, must be approved by the Director of Planning.
Further, the SUBDIVIDER agrees to develop the lands contained within Block 1
(Stage 14) in accordance with the aforementioned Heritage Impact Assessment
and Heritage Design Guidelines for Block 1 (Stage 14).
*6.22 Prior to application for any building permits or occupancy within Stages 8, 9, 10 the
SUBDIVIDER agrees that the South Strasburg Trunk Sanitary Sewer shall be
constructed from the eastern extents of the plan to the southern extent of the
plan.It is acknowledged that these works including design expenses are intended by
arge By-law, as amended.
If sufficient money is not allocated from the appropriate City Development Charge
Account(s) to permit the CITY to fund these works and the SUBDIVIDER wishes to
proceed, the SUBDIVIDER agrees to provide and up-front the cost of these works.
The CITY agrees to recognize any monies paid by the SUBDIVIDER for any works or
to be refunded or to be recognized as a credit towards any CITY Development Charge
payable for any lot or block within the lands subject to Application 30T-07205 in
accordance with the applicable City Development Charges By-law and Policies in effect
at the time the monies are paid by the SUBDIVIDER.
A Supplementary Agreement identifying each lot or block for which credits are payable
shall be registered for each Stage prior to the registration of each Stage, until there is
no outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will be
-law.
If, following the registration of all Stages and issuance of all building permits, there is
any outstanding credit balance, it shall remain with the lands to be used as a credit for
future development, or alternatively, the CITY may enter into an agreement with the
SUBDIVIDER, under Section 40 of the Development Changes Act, to enable the
transfer of Development Charge credits to other benefiting lands within the community,
subject to satisfactory arrangements being made between all parties.
*6.23 The SUBDIVIDER agrees to complete the detailed design and to implement the
construction of the ultimate solution for the closure of Plains Road, including geometric
improvements and the transition from that portion of Plains Road outside of the Becker
Estates Inc. Plan 30T-07205 that is to remain open, and the dedication of any required
lands (i.e. proposed Plains Road),
approved Plains Road Class Environmental Assessment and the Plains Road
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Condition and Geometrics Assessment Report prepared by MTE Consultants Inc.
th
dated September 18, 2009, subject to final approval of the Director of Engineering
Services.
The proposed geometric design of the section of Plains Road to remain open is subject
to further detailed design, and the Subdivider is responsible to reconstruct Sections A
and B of Plains Road in accordance with the preliminary design drawings attached with
the Plains Road Condition and Geometrics Assessment Report prepared by MTE
th
Consultants Inc. dated September 18, 2009.
The implementation of the ultimate solution for the closure of Plains Road shall be
completed in conjunction with the construction of Stage 5, and must be fully operational
at such time as the roads within Stage 5 are accepted by the City. Further, the
SUBDIVIDER agrees to maintain a through access or a temporary turnaround, to the
od.
6.24 The SUBDIVIDER agrees to implement the approved Plains Road Commemoration
sidewalk treatment at such time as sidewalks are being constructed to the satisfaction
*6.25 The SUBDIVIDER agrees to extend municipal services to the limits of the plan along
Plains Road
6.26 The SUBDIVIDER agrees to implement the approved Environmental Monitoring
Program including that described in the approved Environmental Impact Study and
General Vegetation Overview, Natural Resource Solutions Inc. dated October 2007, the
Preliminary Stormwater Management Report, MTE, October 2007, and also including
any additions or modifications identified by the CITY or GRCA as part of the final review
and approval of the Environmental Monitoring Program. The SUBDIVIDER further
agrees to implement any remedial action deemed necessary as a result of the
aforementioned monitoring program at their sole expense to the satisfaction of the
*6.27 The SUBDIVIDER agrees to connect the existing house located at 1940 Fischer
Hallman Road (Block 1, Stage 14) to full municipal services, to the satisfaction of the
.
6.28 The SUBDIVIDER agrees that in the event that alternative cross section designs or
Director of Engineering, and utilized within specified locations within the draft plan then
the additional costs (nonstandard or "special" costs) associated with the installation of
utilities and services in duct banks or along streets shall be the responsibility of the
SUBDIVIDER.
6.29 The SUBDIVIDER agrees to provide an easement(s) to the CITY, for the purpose of
Director of Engineering in consultation with the consulting engineer for the
SUBDIVIDER. The appropriate easement shall be granted to the CITY, immediately
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6.30 Prior to Registration of any stage, or by December 31, 2019, whichever may occur first,
the SUBIDIVDER agrees to provide the CITY with full payment for that portion of
Plains Road to be conveyed to the SUBDIVIDER, as shown on 58R-17356, to the
satisfaction of the CITY Solicitor.
*6.31 The SUBDIVIDER agrees that should the POMPA Park concept be accepted (in
accordance with Condition 6.11 above) prior to registration of each of Stages
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 14the SUBDIVIDER shall be required to receive
Draft Approval or an exemption for a Plan(s)Common Elements Condominium
to which all proposed lots in the stage will be Parcels of Tied Land, to the
r of Planning.
Further, the SUBDIVIDER agrees that an irrevocable undertaking of the
SUBDIVIDER has been obtained as well as an irrevocable undertaking from the
ing to register the approved or exempted Common
Elements Plan of Condominium for such Stage immediately after registration
of each of Stages 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 14 of Plan of Subdivision 30T-
07205 and prior to any interest in any lot created by the plan of subdivision
being conveyed to a third party or the subject of a charge given by any third
party, failing which the POMPA Park in such stage shall be conveyed to the
City free of encumbrance forthwith upon written demand of the SUBDIVIDIDER
by the City. Any conveyance of charge/mortgage of any interest therein made
after the registration (other than may have existed prior to the registration of
the Plan of Subdivision) of Plan of Subdivision 30T-07205 and prior to the
registration of Plan of Condominium is null and void and of no effect. Anyone
who purports to acquire any interest in any one or more of the said lots after
registration of Plan of Subdivision 30T-07205 and prior to the registration of a
Plan of Condominium is bound as successor in title to the Subdivider to
convey, free and clear of encumbrance, the same to the City of Kitchener or to
a person including the Subdivider as directed in writing by the City of
Kitchener.
*6.32 Prior to Occupancy of any dwelling unit in Stage 1, the SUBDIVIDER agrees to
construct a noise attenuation barrier along the side and/or rear property line of
Lots 10, 36, 112, 113, 183, 185 and Block 190 (Stage 1), at their cost, and in
accordance with the recommendations of the approved Becker Estates
Subdivision Phase 1
Consultants Inc., dated November 17, 2017, and any addendum thereto, to the
the Regional Municipality of Waterloo. The noise attenuation barrier shall be
located 0.30 metres onto the private property as per details and specification
in the related noise study. The noise attenuation barrier shall be designed and
certified by a competent professional, to the sa
of Engineering.
The noise attenuation barrier, while located on private property, shall be
owned and maintained by the CITY in perpetuity. In this regard and at the time
of registration, the SUBDIVIDER agrees to provide an easement in favour of
the CITY for the long-term maintenance of the noise attenuation barrier, to the
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Further, prior to Occupancy of any unit in Stage 1, the SUBDIVIDER agrees to
provide the necessary financial resources for the long-term maintenance of the
Engineering Services. Such maintenance cost shall be calculated based on
55% of the cost of constructing the noise attenuation barrier and shall be held
in a fund for future maintenance. Should the CITY establish a Perpetual
Maintenance Fund or other similar fund and/or policy to administer the long
term maintenance of Noise Attenuation Barriers, any monies collected under
this condition and set aside for the maintenance of the noise attenuation
barrier may be transferred into such a fund at a later date.
*6.33 The SUBDIVIDER agrees that apedestrian connection will be provided from the
southeast corner of Block 1 (Stage 12) to Tartan Avenue, as part of the Site
Development for the subject lands
Planning. This connection shall provide a convenient and direct access into the
Mixed Use development.
2.2 That prior to final approval of any plan of subdivision to be registered, the SUBDIVIDER
shall fulfil the following conditions:
1. That the City Standard Residential Subdivision Agreement 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 there from.
3. The final plan for registration shall show all lots intended for development as single
detached, semi-detached or duplex dwellings and a City Standard Supplementary
Residential Subdivision Agreement showing such lotting shall be registered for each
Stage prior to the registration of such Stage. This condition shall not apply if the plan is
to be registered prior to the approval of servicing plans.
4.TheSUBDIVIDER agrees to commute all local improvement charges outstanding on
any part of the lands and to pay all outstanding taxes on the lands.
5. The SUBDIVIDER shall install within the subdivision any required geodetic monuments
under the direction of the CITY'S Director of Engineering Services, 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.
6. The SUBDIVIDER agrees to show emergency access/secondary access, if required, in
accordance with City policy, on the final plans for registration to the satisfaction of the
r of Engineering.
7. 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.
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8. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent
telecommunications services to the plan of subdivision and/or the relocation of the
existing services. Further, the SUBDIVIDER acknowledges that this may include the
payment of all costs associated with the provision of temporary services and the
removal of such services when permanent installations are possible.
*9. The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply with
the following easement procedure:
(a) to provide copies of the subdivision plan proposed for registration and reference
plan(s) showing the easements to HYDRO, and telecommunication 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 Planning, or, in the case of parkland, the CITY'S
Director of Operations Roads and Traffic; and
(e) to provide to the CITY'S Director of Planning, a clearance letter from each of the
HYDRO and telecommunication companies. Such letter shall state that the
respective utility company has received all required grants of easement, or
alternatively, no easements are required.
discretion, if the SUBDIVIDER provides reasonable evidence to the satisfaction
of the CITY that all reasonable efforts have been made by the SUBDIVIDER to
provide all necessary easements this condition may be cleared by the CITY
without a release letter.
10. The SUBDIVIDER shall dedicate all roads, road widenings, 7.62m wide daylight
triangles at the intersections with arterial roads, and public walkways to the appropriate
authority, by the registration of the Plan of Subdivision.
*11. The SUBDIVIDER agrees to convey to the CITY, at no cost and free of
encumbrance, the following lands for the purposes set out below:
Stage 1
a) Blocks 192194 for park purposes;
b) Block 195 for open space/wetland purposes;
c) Block 196 for stormwater management;
d) Blocks 197 199 for landscaping buffer
e) Blocks 202203 for 0.3m reserves.
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Stage 3
a) Blocks 87 88 for park purposes;
b) Blocks 89 91 for 0.3m reserve.
Stage 5
a) Block 6 for park purposes;
b) Block 7 for 0.3 m reserve.
Stage 7
a) Block 8 for 0.3 m reserve.
Stage 8
a) Block 4 for future development (future road);
b) Blocks 5 6 for 0.3 m reserves.
Stage 9
a) Block 5 for park purposes;
b) Block 6 for future development (future road);
c) Blocks 7 8 for 0.3 m reserves.
Stage 10
a) Block 6 for walkway
The CITY, at its sole discretion and to the satisfaction of the CITY Solicitor in
Cemeteries, may enter into a Parkland Dedication Deferral Agreement with the
SUBDIVIDER, prior to registration. Such an agreement may permit affected
Blocks 192 194 and 197 199 (Stage 1), Blocks 87 and 88 (Stage 3), Block 6
(Stage 5), and Block 5 (Stage 9)to be conveyed to a Condominium Corporation
(as a Common Element in a Plan of Condominium) or to an entity such as a
Business Corporation who may own and operate the parks asPrivately Owned
and Maintained Publically Accessible Parks (POMPA Parks). Any such deferral
of parkland dedication shall be to the satisfaction and subject to the terms and
Director of Planning and Director of Parks and Cemeteries, and which may
include measures such as but not limited to further modifications to conditions
of Draft Plan Approval for 30T-07205, approval of a Draft Plan(s) of
Condominium, development agreements, license agreements, maintenance
agreements, condominium agreements, letters of credit, option agreements, no
dealing covenants, or such other agreements, terms and conditions as the CITY
may require.
12. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major
entrance to the subdivision, in accordance with a plan approved by the CITY'S Director
of Planning, in accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the applicable
zone and outside the corner visibility triangle, with the specific, appropriate
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b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6
metres, and a maximum area of 13 square metres;
c) Graphics shall depict the features within the limits of the subdivision including,
without limiting the generality of the foregoing, approved street layout, including
emergency access roads, zoning, lotting and specific land uses, types of parks,
storm water management areas, heritage features, hydro corridors, trail links and
walkways, potential or planned transit routes and bus stop locations, notification
regarding contacts for school sites, noise attenuation measures, environmentally
sensitive areas, tree protection areas, special buffer/landscaping areas, water
courses, flood plain areas, railway lines and hazard areas and shall also make
general reference to land uses on adjacent lands including references to any
formal development applications, all to the satisfaction of the CITY'S Director of
Planning;
d) Approved subdivision billboard locations shall be conveniently accessible to the
public for viewing. Low maintenance landscaping is required around the sign and
suitable parking and pedestrian access may be required between the sign
location and public roadway in order to provide convenient accessibility for
viewing; and
e) The SUBDIVIDER shall ensure that the information is current as of the date the
sign is erected. Notice shall be posted on the subdivision billboard signs advising
that information may not be current and to obtain updated information, inquiries
should be made at the CITY'S Department of Development and Technical
Services.
*13. The SUBDIVIDER shall have landscape plans of the stormwater management facilities
and cul-de-Director
of Parks and Cemeteries
Services and to obtain therefrom, approval of such plans.
*14. The SUBDIVIDER shall prepare and receive approval of detailed design drawings for
the Neighbourhood and Commemoration Parks and Parkettes, being Blocks 192, 193
and 194 (Stage 1), Blocks 87 and 88 (Stage 3), Block 6 (Stage 5), Block 5 (Stage
9); for Landscape Buffer Blocks 197, 198 and 199 (Stage 1); and for Walkway
Block 6 (Stage 10), prior to the registration of the associated Stage, to satisfaction
of Director of Parks and Cemeteries
Plans for Commemoration Parks and Parkettes should be generally consistent with the
approved Plains Road Commemoration Design Brief (GSP Group, August 2008) and
shall respect monies available to pay for the completion of the commemoration parks in
accordance with the relevant provision of the Commemoration Cost Sharing Schedule.
Park design plans should also give consideration to locations for Community Mail Box
facilities, seating areas, Multi-Use Pathways, and an enhanced treatment of the park
space near the intersection of Wallaceton Way and Tartan Avenue.
Further, the SUBDIVIDER agrees to provide a Letter of Credit for 100% of the
, to ensure implementation of the approved design drawings
for Commemoration Parks and Parkettes in accordance with the Commemoration Cost-
Sharing Schedule.
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The Letter of Credit may be reduced by that amount identified in the Commemoration
Cost Sharing Schedule upon the satisfactory completion of the commemoration park or
parkette, on a Stage by Stage basis. The Letter of Credit shall be released at such time
as all the commemoration parks and parkettes have been completed to the satisfaction
of the Director of Parks and Cemeteries and the Director of Planning subject to the
provisions of the Commemoration Cost-Sharing Schedule.
Should the commemoration works not be completed as per the approved design, the
CITY maycomplete the required works to the extent of monies received under the
Letter of Credit. The cost to complete such works shall be deducted from the monies
obtained from the Letter of Credit.
*15. (3.20) Prior to Servicing or Registration of each Stage, whichever may come first, the
SUBDIVIDER shall confirm whether decorative street signage and street lighting will be
used to the satisfactioTransportation Services and KW
Hydro. Should these decorative elements be utilized, they shall be installed at the
one-time supply of 10% of the materials for future maintenance replacement, to the
Services and KW Hydro.
*16. The SUBDIVIDER shall prepare a Street Tree Planting Plan for each Stage prior to the
registration of each respective Sta
Planning, Director of Parks and Cemeteries. Appropriate
consideration shall be given to reduce conflicts between street trees and utilities. In
locations where the survival of plantings may be difficult due to infiltration/salt
management objectives within the municipal right-of-way, street trees shall be provided
immediately adjacent to the right-of-way on each lot/or future lot. In these instances, an
easement shall be provided over each lot/ or future lot in favour of the CITY for the
maintenance of the street tree planting.
*17. Prior to registration of Stage 1 the SUBDIVIDER agrees to receive final approval
of an updated Priority Lotting Plan and Design Guidelines for Priority Lots to the
The Design Guidelines for
Priority Lots shall include, but not be limited to, the following considerations:
a) For Corner (C) Priority Lots, building elevation drawings shall ensure that consideration
has been given to the design treatment along both road frontages for each lot/dwelling,
including such items as the provision of porches, porticos, stairs or other projections;
secondary or angled door entries; horizontal articulation, brick or masonry-style skirting
along both the front and exterior side yard and/or accentuated windows; increased
building massing and height; and consideration to fencing. Preference is given to
garages facing the flankage street.
b) For Terminating Vista (T) Priority Lots, building elevation and building location drawings
shall ensure that the garage face is not the primary terminating view from the oncoming
street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, etc.
c) For Gateway (G) Priority Lots, in the event that said blocks do not require site plan
approval, building location, massing and elevation drawings shall ensure that
consideration has been given to height, massing and building relation to the street line;
the design treatment along road frontages for each lot/dwelling, including such items as
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the provision of porches, porticos, stairs or other projections; secondary door entries;
horizontal articulation, brick or masonry-style skirting; consistency in style and details
for the entire block at gateway locations; and consideration to fencing.
d) For Window (W) Priority Lots, building elevation drawings shall ensure that
consideration has been given to the design treatment along the frontage for each
lot/dwelling, including such items as the provision for porches, porticos, stairs, or other
projections, horizontal articulation, brick and masonry-style skirting and/or accentuated
windows.
e) For Park (P) Priority Lots, building elevation drawings shall ensure that consideration
has been given to the design treatment along the road frontage and the park flankage
for each lot/dwelling, including such items as the provision for porches, porticos, stairs,
or other projections, secondary entry doors, horizontal articulation, brick and masonry-
style skirting and/or accentuated windows; consideration to fencing to enable views
from rear yard; and consistency in architectural style and details for all units fronting the
central park.
f)For Natural Heritage (NH) Priority Lots, building location drawings shall ensure
that consideration has been given to the placement of all buildings, structures,
pools, sheds, decks, etc., in consideration of the approved Detailed Vegetation
Plan and approved measures for the protection of trees in accordance with the
Tree Management Policy.
*18. (3.18) Prior to servicing or registration, whichever may come first, of any Stage
including any portion of any of the streets set out in this paragraph the
SUBDIVIDER shall prepare a Streetscape Plan for Priority Streets, those being
Wallaceton Way, Beckview Drive, Tartan Ave and John Wallace Drive, and
Haldimand Street as the Secondary Priority Street, to the satisfaction of the
Director of Engine
Cemeteries in consultation with the Region of Waterloo. The Streetscape Plan
shall illustrate a consistent streetscape theme for the Priority Streets showing:
a) Design and construction details for a centre median boulevard at the
intersections of Beckview Drive and Huron Road, and Wallaceton Way and
Fischer Hallman Road with preference for low-maintenance, sustainable
plantings and decorative streetscape elements;
b) Design and construction details for defined pedestrian crosswalks at the
following intersections: Wallaceton Way and Tartan Ave/John Wallace Drive,
Beckview Drive and Tartan Ave, Beckview Drive and John Wallace
Drive/Beckview Crescent, Tartan Ave and Spachman Street, and Haldimand
Street and Beckview Drive;
c) Design and construction details for traffic calming features including the
centre median, alternate intersection treatments such as a raised
intersections, and traffic calming measures such as pavement narrowing,
curb extensions, centre medians or other;
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d) Conceptual street tree planting locations for Wallaceton Way, Beckview
Drive, Tartan Ave and any intersections with enhanced treatments along
Beckview Drive from Huron Road to Haldimand Street, Wallaceton Way,
Tartan Ave, and John Wallace Drive/Beckview Crescent along the central
park;
e) Conceptual locations and type of flankage lot streetscape features, such as
decorative fencing and landscaping between the side yard fencing and
sidewalk for flankage lots;
f) Potential locations of utilities and transit stops;
g) Conceptual location and types of Plains Road Commemoration Features to
be located within the rights-of-way.
The centre medians, traffic calming features, commemoration features and
crosswalks shall be installed by the SUBDIVIDER with the initial road
construction.
*19. The SUBDIVIDER agrees that the plan shall be registered in fourteen Stages in
Planning:
a) Stage 1 shall be registered first;
b) Stage 2 shall be registered concurrently with or subsequent to Stage 1;
c) Stage 3 shall be registered concurrently with or subsequent to Stage 2;
d) Stage 4 shall be registered concurrently with or subsequent to Stage 3;
e) Stage 5 shall be registered concurrently with or subsequent to Stage 3;
f) Stage 6 shall be registered concurrently with or subsequent to Stage 5;
g) Stage 7 shall be registered concurrently with or subsequent to Stage 5;
h) Stage 8 shall be registered concurrently with or subsequent to Stage 7;
i) Stage 9 shall be registered concurrently with or subsequent to Stage 8;
j) Stage 10 shall be registered concurrently with or subsequent to Stage 9;
k) Stage 11 shall be registered concurrently with or subsequent to Stage 1;
l) Stage 12 shall be registered concurrently with or subsequent to Stage 1;
m) Stage 13 shall be registered concurrently with or subsequent to Stage 1;
n) Stage 14 shall be registered concurrently with or subsequent to Stage 5;
*20. (delete) The SUBDIVIDER agrees that Stages 17, 18 and 19 may not proceed to
registration until such time as the Fischer Hallman Corridor Design Study and the
Fischer Hallman Corridor Community Plan or Secondary Plan have been completed
and approved. Further, the SUBDIVIDER agrees to implement the recommendations
of the Design Study, and the policies of the Community Plan or Secondary Plan (as the
case may be) in any future redesignation, rezoning and development of the subject
parcels.
*21. (delete)The SUBDIVIDER agrees that Stage 1, 2, 16 and 17 may not proceed to
registration until such time as the Huron Road Environmental Assessment has been
approved. Upon approval of the Huron Road Environmental Assessment, the
SUBDIVIDER agrees to submit a reference plan to the satisfaction of the CITY'S
Director of Planning and the CITY'S Director of Engineering showing the widening of
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the road right-of-way as identified in the Environmental Assessment. The SUBDIVIDER
agrees to convey the required widening of the road right-of-way in accordance with the
Kitchener Official Plan and the approved Environmental Assessment document. Any
widening above and beyond that which is identified in the Kitchener Official Plan, will be
acquired by the City through a negotiated agreement of purchase and sale or
expropriation. Further, prior to registration, the SUBDIVIDER agrees to modify the draft
plan to show the required widening of the road right-of-way, to the satisfaction of the
22. Prior to grading or registration, whichever shall occur first, the SUBDIVIDER agrees
that if grading has not commenced prior to final approval of the plan for registration, a
Planning. The Detailed Vegetation Plan shall also show approved grading. The
SUBDIVIDER agrees to implement all of the measures identified in the approved
Detailed Vegetation Plan including delivering all information contained in the approved
Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are
carried out as specified.
*23. (3.21) Prior to registration of each Stage, should registration proceed before servicing,
the SUBDIVIDER shall submit an On-Street Parking Plan for the proposed subdivision to
the satisfaction oTransportation Services in accordance with
-Street Parking Policy I-1070.
*24. (3.22) Prior to Servicing or Registration of any Stage, whichever shall occur
first, the SUBDIVIDER agrees to submit a functional design for the
implementation of bicycle lanes, on-street parking bays and intersection curb
extensions, for Wallaceton Way, Beckview Drive, Tartan Avenue and John
Wallace Drive, as applicable,
Engineering, Director of Transportation Services and Director of Operations
Roads and Traffic.
*25. (3.23) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to submit an operational analysis and functional design for the roundabout
raised intersection or other proposed traffic calming measures at the
intersections of Wallaceton Way and Tartan Ave, Tartan Avenue and Beckview
Drive, John Wallace Drive/Beckview Crescent and Beckview Drive, Haldimand
Street/Beckview Crescent and Beckview Drive, Tartan Avenue and Spachman
Roads and Traffic with respect to any Stage that includes any of the said intersections
and only for the intersection(s) within such Stage. In the event that it is determined
through the operation analysis and/or functional design that additional property is
required to construct the roundabouts, the SUBDIVIDER agrees to dedicate the
required property to the CITY and that any necessary modifications be made to the
plan.
*26. (delete)Prior to registration of each Stage,the SUBDIVIDER in consultation with their
Heritage Consultant agrees to submit designs for special sidewalk treatments at all
locations where sidewalks intersect with the former Plains Road right-of-way, in
accordance with the Plains Road Commemoration Design Brief, prepared by GSP
Group and dated August, 2008, for approval by the Director of Planning.The final
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designs for such commemoration sites shall include details for sidewalk colour, surface
treatments, and a Plains Road commemoration concrete stamp or other form of
monumentation.
*27. The SUBDIVIDER shall reserve Block 191 (Stage1) for the Waterloo Catholic District
with a letter from the Board indicating that satisfactory arrangements have been made
to acquire Block 191 (Stage1) for school purposes.
*28. (2.13) Prior to grading or registration, whichever shall occur first, the SUBDIVIDER
agrees to submit and obtain approval of an Environmental Monitoring Program
including that described in the approved Environmental Impact Study and General
Vegetation Overview, Natural Resource Solutions Inc. dated October 2007, Preliminary
Stormwater Management Report, MTE, October 2007, and also including any additions
or modifications identified by the CITY or GRCA as part of the final review and approval
of the Environmental Monitoring Program. The program is to be approved by the
Director of Engineering in consultation with the Director of Planning, the Director of
Operations Roads and Traffic, and the Grand River Conservation Authority.
*29. (delete) Prior to grading or registration, whichever shall occur first, the SUBDIVIDER
shall provide a Letter of Credit in the amount of $59,000 for the completion of the Phase
One, Two and Three Conservation works as described in the Conservation Plan for
1940 Fischer Hallman Road, prepared by Carson Woods Architects Limited and dated
.
The Letter of Credit will be reduced to $24,000 when the required Phase One Short
Term conservation works have been completed and certified by a heritage consultant,
and will be further reduced to $14,000 when the Phase Two Medium Term
conservation works have been completed and certified by a professional architect, to
The Letter of Credit will be released by the CITY at such time as restoration work on the
farmhouse has been initiated, in accordance with a future Heritage Impact Assessment
rector of
Planning.
*30. (delete)Prior to grading or registration, whichever may occur first, the SUBDIVIDER
agrees to work with the downstream land owner(s) and CITY to complete an erosion
analysis and works required to mitigate adverse erosion impact of the south branch of
River Conservation Authority.
*31 The SUBDIVIDER agrees that all streets shall be named as shown on the Draft
Plan.
32. Prior to registration of each Stage the SUBDIVIDER shall provide written confirmation
from the Director of Engineering, to the satisfaction of the Director of Planning that
states that all required municipal services are available. In accordance with the
approved South Strasburg Trunk Sanitary Sewer Environmental Assessment, sanitary
sewers must outlet to the South Strasburg Trunk Sanitary Sewer. The City will make
best efforts to facilitate the timely extension of the South Strasburg Sanitary Sewer.
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33. (6.30) Prior to Registration of any stage, or by December 31, 2019,whichever may
occur first, the SUBIDIVDER agrees to provide the CITY with full payment for that
portion of Plains Road to be conveyed to the SUBDIVIDER, as shown on 58R-17356,
to the satisfaction of the CITY Solicitor.
*34Prior to Registration of Block 1 (Stage 14) the SUBDIVIDER agrees that the house
and lot shall be designated under Part IV of the Ontario Heritage Act. The
SUBDIVIDER further agrees to prepare and submit a reference plan, if necessary,
to the
which describes the Becker Heritage House in order to facilitate the designation
and register the designating by-law on title of the lands.
*35. (3.24) Prior to Servicing or Registration, whichever may come first, the
SUBDIVIDER agrees to prepare a Multi-Use Pathway (MUP) Plan that illustrates
the alignment, treatment and sequencing of the Secondary Multi-Use Pathways
of Parks and
Cemeteries and Director of Planning. The MUP Plan shall consider all MUP
locations shown on Map 11 of the Official Plan (Integrated Transportation
System) and may give consideration to interim and permanent locations of the
MUP along on Wallaceton Way and/or Block 1 (Stage 12) and Tartan Ave and/or
Block 1 (Stage 11).
*36. Prior to Registration of Stages 1 and11 (on a stage by stage basis) the
SUBDIVIDER agrees to grant the CITY an easement over Blocks 192 & 193 (Stage
1), Block 1 (Stage 11) for a Multi-Use Pathway, where it is located on privately
owned property, rather than within the right-of-way, and to the satisfaction of the
The Multi-Use Pathway shall be located approximately parallel to the street and
may take the place of a CITY sidewalk. Terms of such easement including but
not limited to maintenance, insurance & liability shall be to the satisfaction of the
*37. Prior to registration of each of Stages 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 14the
SUBDIVIDER shall be required to receive Draft Approval or an exemption for a
Plan(s) Common Elements Condominium to which all proposed lots in the stage
will be Parcels of Tied Land, to the satisfaction of the
Director of Planning.
*38. Prior to Registration of any stage which may contain part of the former Plains
Road right-of-way, the SUBDIVIDER shall complete a Record of Site Condition for
lands contained within the former Plains Road right-of-way, to the satisfaction of
the CITY Solicitor. Until the Record of Site Condition has been completed and
acknowledged by the Ministry of the Environment, the CITY will not accept the
dedication of any lands contained within the former right-of-way.
*39. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S
Department of Development and Technical Services, 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.
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*3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil the following
conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning,
Development and Legislative Services.
1. That the plan submitted for final approval may incorporate a lot pattern for all blocks in
which single detached, semi-detached and townhouse lots are permitted, at a density
not exceeding the density identified in the draft approval conditions.
2. That the subdivision agreement be registered by the City of Kitchener against the land
to which it applies and a copy of the registered agreement be forwarded to the Regional
Municipality of Waterloo prior to final approval of the subdivision plan.
*3.a) That prior to final approval of Stage 1, or any other part of this plan of
subdivision, the SUBDIVIDER dedicate Road Widening Blocks 200 and 201,
Stage 1 (further described as Parts 1, 2 and 6 on registered reference plan 58R-
19937) to the Regional Municipality of Waterloo (free and clear of all
encumbrances and at no cost to the Region).
b) That prior to final approval of Stage 1, or any other part of this plan of
subdivision, the SUBDIVIDER shall enter into an agreement with the Regional
Municipality of Waterloo to provide temporary grading easements for parts 3, 4, 5
and 7 of registered reference plan 58R-19937.
*4. (delete)That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048
metre (10 ft.) road widening dedication to the Regional Municipality of Waterloo along
the frontage of Block 1, Stage 18 adjacent to Fischer Hallman Road (Regional Road
58). Should a determination be made (through the completion of an Environmental
Assessment or otherwise) that the road widening dedication is not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
*5. (delete)That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048
metre (10 ft.) road widening dedication to the Regional Municipality of Waterloo along
the frontage of Block 1, Stage 19 adjacent to Fischer Hallman Road (Regional Road
58). The 3.048 metre (10 ft.) widening at this location may be reduced as necessary in
order to recognize the existing heritage dwelling on the property.
Should a determination be made (through the completion of an Environmental
Assessment or otherwise) that the road widening dedication is not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
*6.a)That prior to final approval of Stage 1, the SUBDIVIDER shall provide an
Environmental Noise Assessment
MTE Consultants Inc.
Waterloo to update the lot/block configurations and associated
recommendations.
b) That prior to final approval of Stage 1, the SUBDIVIDER shall enter into an
agreement with the Regional Municipality of Waterloo and/or City of Kitchener, as
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necessary, to provide for implementation of the attenuation measures
Env
prepared by MTE Consultants Inc., and any addendums thereto.
i. That prior to final approval of Mixed Use Block 1 (Stage 12) and Mixed
Use Block 1 (Stage 13) the SUBDIVDER agrees submit a stationary
noise study for the subject lands, to the satisfaction of the Regional
Municipality of Waterloo
ii. That prior to site plan approval for the School Block (Stage 1), the
SUBDIVIDER agrees to prepare a road traffic and stationary noise
study, to the satisfaction of the Regional Municipality of Waterloo, to
indicate methods to be used to abate road traffic noise levels and, if
necessary, the Subdivider shall enter into an agreement with the
Regional Municipality of Waterloo to provide for implementation of the
accepted noise assessment attenuation measures. The agreement must
include a provision to indicate that the lands will be developed such
that road traffic noise will be attenuated through building layout and
design, and not through the use of physical noise walls.
iii. The prior to final approval of any of Stages 5, 6, 7, 12, 13 and 14, the
SUBDIVIDER agrees to complete a road traffic noise study for future
Stages 5, 6, 7, 12, 13, and 14 to indicate to the Regional Municipality of
Waterloo methods to be used to abate road traffic noise levels for all
Blocks affected by Fischer-Hallman Road and, if necessary, shall enter
into an agreement with the Regional Municipality of Waterloo to provide
for implementation of the accepted noise assessment attenuation
measures. The agreement must include a provision to indicate that the
lands will be developed such that road traffic noise from Fischer-
Hallman Road will be attenuated through building layout and design,
and not through the use of physical noise walls.
iv. The SUBDIVIDER agrees that if required, any minimum setbacks to
address noise attenuation be included in the proposed zoning bylaw.
*7.a)That prior to final approval of all or any part of this plan of subdivision, the
SUBDIVIDER shall provide an update to theFinal Water Distribution Report
prepared by MTE and dated April 27, 2018to the satisfaction of the City of
Kitchener and theRegional Municipality of Waterloo. Such analysis shall: take
into account recent changes to water pressure zones 4 and 5 in this area;identify
the specific Blocks on the plan which require pressure reducing devices;
address the comments provided by Regional Water Services staff in response to
its review of the Final Water Distribution Report prepared by MTE and dated April
27, 2018 provided in an email dated May 16, 2018; and, any additional comments
raised by the City of Kitchener.
b) That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER
enters into an agreement with the City of Kitchener to include water pressure reduction
devices for each dwelling unit constructed on those Blocks identified in the final Water
Distribution Analysis in Condition 7a) above, to not exceed the maximum standard of 80
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psi, and to include in the offers to purchase and rental agreements, a clause identifying
the presence of the water pressure reduction devices and advising the it not be
removed by the owner/occupant.
8. That prior to final approval, the Regional Municipality of Waterloo has the necessary
physical and financial resources for the cost of design, construction and installation of
street lighting along Fischer-Hallman Road (Regional Road 58) in accordance with
Regional policies and procedures.
9. That prior to final approval, the Regional Municipality of Waterloo has the necessary
physical and financial resources to construct a sidewalk along the frontage of Fischer-
Hallman Road (Regional Road 58).
10. That prior to any grading of any lands of this plan of subdivision, the SUBDIVIDER
decommissions any monitoring wells, existing private wells, and septic systems on the
lands in accordance with applicable laws and regulations including O. Reg. 903 of the
Ontario Water Resources Act.
11. That the SUBDIVIDER agrees to stage the development of this plan of subdivision in a
manner satisfactory to the Regional Municipality of Waterloo.
12. That the SUBDIVIDER submits a Street Tree Planting Plan for Fischer-Hallman Road
(Regional Road 58) to the satisfaction of the Regional Municipality of Waterloo, and
furthermore, that the Regional Municipality of Waterloo has the physical and financial
resources to provide for implementation of the approved Street Tree Planting Plan.
13. That the SUBDIVIDER submits a Boulevard Restoration Plan for Fischer-Hallman Road
(Regional Road 58) to the satisfaction of the Regional Municipality of Waterloo and
shall enter into an agreement with the Regional Municipality of Waterloo to provide for
implementation of the approved Boulevard Restoration Plan as necessary.
*14. That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER
agrees to update and finalize to the satisfaction of the Regional Municipality of
pact &
SUBDIVIDER further agrees to implement the recommendations of the study.
15. That a final area grading and drainage plan be submitted for the entire plan of
subdivisionto the satisfaction of the Regional Municipality of Waterloo where lands
drain to a Regional facility, for approval.
*16.That a final stormwater management plan, including provisions for winter by-pass,
besubmitted for the entire plan of subdivision tothe satisfaction of the Regional
Municipality of Waterloo where lands drain to a Regional facility, for approval. The final
stormwater management plan must address methods to reduce impacts from road salt
infiltration on groundwater including, but not limited to, the recommendations of the
updated and finalizedChloride Impact & Groundwater Recharge as noted in
Condition 14 above.
*17.a) That prior to final approval, the SUBDIVIDER enters into an agreement with the
Regional Municipality of Waterloo to prepare and implement, to the satisfaction
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of the Region of Waterloo, a road Salt Management Plan prior to site plan
approval for:
Stage Block
1 191 - elementary school
1 186 & 187 - multiple dwelling
2 1 & 2 - multiple dwelling
6 1 - multiple dwelling
11 1 - multiple dwelling
12 1 - mixed use
13 1 - mixed use
14 1 - multiple dwelling
*18. That prior to final approval Stage 12 and/or 13 (whichever comes first) of this
plan of subdivision, the SUBDIVIDER agrees to complete an update to the
original Transportation Impact Study entitled "Becker Estates Traffic Impact
Study Update" dated September 2008 prepared by Paradigm Transportation
Solutions Limited. Such update shall include any additional access analysis as
required for the development on these blocks to the satisfaction of the Regional
Municipality of Waterloo. Furthermore, if deemed necessary by the Region, the
SUBDIVIDER shall enter into an agreement with the Region to secure the
recommendations of the updated Transportation Impact Study.
*19. That prior to final approval of Stage1 of this plan of subdivision, the SUBDIVIDER
agrees to submit a preliminary roundabout design, screening analysis, intersection
control study, and detailed design for the roundabout prepared by a qualified
roundabout design engineer where necessary to the satisfaction of the Region's
Commissioner of Planning, Development and Legislative Services for the
intersections of Fischer-Hallman Road (Regional Road 58) and Wallaceton Way, and
Fischer-Hallman Road and Haldimand Street. In the event the analysis for each
intersection demonstrates the potential need for additional land in order to implement a
roundabout option or other intersection improvements, the SUBDIVIDER agrees to
modify Block 1, Stage 12, Block 1, Stage 13 and Block 1, Stage 14 in order to show
the additional lands required for the roundabouts and to dedicate, at no cost to the
Region, that portion of the required lands to the Regional Municipality of Waterloo prior
to final approval of Stage1 or at such time as the Region deems necessary. Should a
determination be made (through the completion of an Environmental Assessment or
otherwise) that a roundabout is not the preferred alternative to address operations at
the subject intersections or other intersection improvements are not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
*20. If the preliminary roundabout analysis in Condition 19 determines that a roundabout is
not required for Fischer-Hallman Road and Wallaceton Way, and Fischer-Hallman
Road and Haldimand Street, the SUBDIVIDER agrees to establish two (2) 7.62 metre
(25 ft.) daylighting triangles at the intersections of Fischer-Hallman Road and
Wallaceton Way, and Fischer-Hallman Road and Haldimand Street, and to
dedicate the daylighting triangles on the final plan for registration as public highway to
the appropriate road authority.
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*21. If the preliminary roundabout analysis in Condition 19 determines that a roundabout is
not required for Fischer-Hallman Road and Wallaceton Way, and Fischer-Hallman
Road and Haldimand Street, the SUBDIVIDER must submit for review and approval,
functional designs for the required road improvements and traffic control on Fischer-
Hallman Road and Wallaceton Way, and Fischer-Hallman Road and Haldimand
Street.
*22. That prior to final approval of anystage of this plan of subdivision, the Region has the
necessary physical and financial resources to implement the Traffic Impact Study and
Intersection Control Study including, but not limited to, the roundabouts for Fischer-
Hallman Road and Wallaceton Way, and Fischer-Hallman Road and Haldimand
Street, and the conveyance of lands owned by the City of Kitchener situated on the
west side of Fischer-Hallman Road at Wallaceton Way at no cost to the Region.
*23.a) That prior to final approval of any stage of this plan of subdivision, the
SUBDIVIDER enters into an agreement with the Regional Municipality of
Waterloo to provide a Letter of Credit in a form satisfactory to the Regional
Solicitor for the future installation of infrastructure for 5 transit stops including
an iXpress stop.
b) That prior to final approval of any stage of this plan of subdivision, the
SUBDIVIDER enters into an agreement with the Regional Municipality of
Waterloo to provide (at the cost of the SUBDIVIDER) any necessary Transit
Easement(s) and/or provision for transit service within this plan as deemed
required for future transit service/ facilities by the Region.
*24. That the SUBDIVIDER obtains Regional Road Access permits for Wallaceton Way at
Fischer-Hallman Road and Haldimand Street at Fischer-Hallman Road.
*25. (delete)That the SUBDIVIDER enters into an agreement with the Regional Municipality
of Waterloo to erect a 1.82 metre high permanent, maintenance free fence, where
necessary, adjacent to Fischer-Hallman Road (Regional Road 58) in accordance with
Regional policies and procedures, except where a noise attenuation wall may be
required as per Condition No. 6 above.
26. 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 occurs 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.
27. 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:
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"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 of lease or purchase and sale will have all conditions of draft plan
approval satisfied, including the availability of servicing, until the plan is registered."
4. OTHER AGENCY CONDITIONS
1.Prior to any grading or construction on the site and prior to registration of any plan, the
owners or their agents shall submit the following plans and reports to the satisfaction of the
Grand River Conservation Authority.
a) A detailed storm water management report in accordance with the 2003 Ministry of
the Environment Report entitled "Stormwater Management Planning and Design
Manual" and in keeping with the Preliminary Stormwater Management Report
(October 2007) and letters dated February 27, 2009 and July 22, 2009 prepared by
MTE Consultants Inc.
b) A detailed Lot Grading, Servicing and Storm Drainage Plan.
c) An Erosion and Siltation Control Plan in accordance with the Grand River
Conservation Authority's Guidelines for sediment and erosion control, indicating the
means whereby erosion will be minimized and silt maintained on-site throughout all
phases of grading and construction.
d) The submission and approval of Development, Interference with Wetlands and
Alterations to Watercourses and shorelines permit from the GRCA prior to the
construction of the stormwater management outlet and removal of a small
isolated wetland pocket if the same is within or proposed to service the plan to be
registered.
e) Prior to grading or registration, whichever may occur first, the SUBDIVIDER agrees
to work with the downstream land owner(s) and CITY to complete an erosion
analysis and works required to mitigate adverse erosion impact of the south branch
Grand River Conservation Authority.
*2. a) That prior to Registration of Stage 1, the SUBDIVIDER agrees to make satisfactory
arrangements with the Waterloo Catholic District School Board with respect to the
Block 191 (Stage 1).
b) That prior to grading or registration of Stage 1, whichever occurs first, SUBDIVIDER
agrees to provide a copy of the relevant Area Grading Plan to the Waterloo Catholic
District School Board for their review and comment to the Director of Engineering.
c) That prior to servicing or registration of Stage 1, whichever occurs first, the
SUBDIVIDER agrees to provide a copy of the relevant Servicing Plan to the
Waterloo Catholic District School Board for their review and comment to the
Director of Engineering.
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5. CLEARANCE CONDITIONS
*1. That prior to the signing of the final plan by the Director of Planning, the Director shall be
advised by the Regional Commissioner of Planning, Development and Legislative
Services that Conditions 1-27 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.rector
shall be advised by the telephone company that Conditions 2.2.8 and 2.2.9 has been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the condition was satisfied.
3. That prior to the signing of the final plan
shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.7 and 2.2.9 have been
carried out satisfactorily. The clearance letter from Kitchener Wilmot Hydro should contain a
brief statement as to how the conditions were satisfied.
4.
shall be advised by the Grand River Conservation Authority that Condition 4.1 has been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the condition was satisfied.
5.
shall be advised by the Waterloo Catholic District School Board that Condition 4.2 has been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the condition was satisfied.
6. NOTES
Development Charges
*1. The owner/developer is advised that the provisions of the Development Charge By-law of
the City of Kitchener and RegionalDevelopment Charge By-law 14-046, are applicable.
Conveyance of Lands
2. Conveyance of lands to the City of Kitchener and Regional Municipality of Waterloo:
i) If the land to be conveyed to the City of Kitchener and Regional Municipality of
Waterloo can be more easily described in the conveyance by reference to a
Registered Plan than by 'metes and bounds', it is suggested that the description be
so worded.
ii) It is further suggested that the owner give to the City of Kitchener and Regional
Municipality of Waterloo an undertaking to deposit with the City Clerk and Regional
Solicitor a properly executed copy of the conveyance concurrent with the
registration of the plan.
The date and number of the document effecting the closing of the portion of original road
allowances included in this plan of subdivision shall be noted on the plan.
Registry Act
3. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as
amended, under The Registry Act.
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Review
4. Draft approval will be reviewed by City of Kitchener Council from time to time to determine
whether draft approval should be maintained.
Updated Information
5. 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.
Agreement
*6. Most of the Regional Municipality of Waterloo conditions can be satisfied through an
agreement. The onus is on the owner to contact Regional staff in writing to request the
preparation of such an agreement. A copy of a reference plan showing the lands to be
registered that are affected by the agreement and the conditions to be covered by the
agreement should be provided along with required fees.
Regional Fees
*7. The owner/developer is advised that the Regional Municipality of Waterloo has adopted
By-Law 17-076, 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.
Approvals for Servicing Systems
8. The proposed water distribution system meets the definition of a "water works" as defined
in the Ontario Water Resources Act. Prior to the construction of the proposed water supply
system. The proponent must ensure that the application for approval of water works, and
appropriate supporting information, are submitted to the Ministry of the Environment for
approval.
Stormwater Management
9. The proposed stormwater management system meets the definition of a "sewage works"
as defined in the Ontario Water Resources Act. Therefore, approval of the Director must
beobtained under Section 53 of the Ontario Water Resources Act prior to the construction
of the proposed stormwater management system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting information, are
submitted to the Ministry of the Environment for approval.
Sewage System
10. The proposed sanitary sewage collection system meets the definition of a "sewage works'
as defined in the Ontario Water Resources Act. Therefore, approval of the Director must
be obtained under section 53 of the Ontario Water Resources Act prior to the construction
of the proposed sanitary sewage collection system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting information, are
submitted to the Ministry of the Environment for approval.
Planning Act Applicability
11. 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, c. P.13, as amended by S.O. 1996, c.4
(Bill 51).
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Regional Servicing Agreement
*12. The owner/developer is advised that draft approval is not a commitment by The Regional
Municipality of Waterloo to water and wastewater servicing capacity. To secure this
commitment the owner/developer must enter into an "Agreement for Servicing" with The
Regional Municipality of Waterloo by requesting that the Region's Planning and Culture
Department initiate preparation of the agreement. When sufficient capacity is confirmed by
the Region's Commissioner of Engineering to service the density as defined by the plan to
be registered, the owner/developer will be offered an "Agreement for Servicing". This
agreement will be time limited, define the servicing commitment by density and use.
Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will
be required.
The owner/developer is to provide the Regional Municipality of Waterloo with two print
copies of the proposed plan to be registered along with the written request for a servicing
agreement.
Registration Release
*13. To ensure that a Regional Release is issued by the Regional Commissioner of Planning,
Development and Legislative 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/developer has failed to submit the appropriate documentation by this
date.
Final Plans
14. 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 \[enter title of person(s) authorized to sign plan\],
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:
One(1)original mylar
four(4)mylar copies
four(4)white paper prints
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BECKER ESTATES
DRAFT PLAN OF SUBDIVISION 30T-07205
COMMEMORATION COST-SHARING SCHEDULE
Developer cost-sharing includes park commemoration and development beyond
standard developer responsibility
City cost-sharing includes standard park development
Standard Developer costs for parkland development excluded from cost-sharing
Minimum Developer and City contribution to be $123,000 and $150,000 respectively
(2009 dollars)
Budgeted contributions allocated to individual parks/parkettes that are not expended for
any park development are to be increased on an annual basis as of June 1 based on the
Construction Price Index
Securities for budgeted Developer contributions will be held by the City as per the
Subdivision Agreement as a rolling letter of credit to be reviewed annually to ensure
sufficient financial securities including the indexing (CPI) (calculated as of June 1)
The following sets out the Maximum Budgeted contributions by the Developer and City for all
Parks/Parkettes:
PARK/PARKETTEDEVELOPER CITYTOTAL
CONTRIBUTIONCONTRIBUTION
Block 194, Stage 1
$23,500$16,000$39,500
(Huron/Plains Parkette)
Block 193, Stage 1$20,000$75,000$95,000
(East Central Park)
Block 88, Stage 3
$19,500$11,000$30,500
(Parkette 1)
Block 87, Stage 3$21,500$11,000$32,500
(Parkette 2)
Block 6, Stage 5
$20,500$37,000$57,500
(South Plains Parkette 3)
Commemoration in ROW$18,000$0.00$18,000
$123,000$150,000$273,000
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Appendix “D” – Newspaper Notice
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT, AMENDMENTS TO THE KITCHENER ZONING BY-LAW
AND MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-07205
UNDER THE SECTIONS 17, 22, 34 & 51 OF THE PLANNING ACT
Huron Road (Becker Estates Subdivision)
Schlegel Urban Developments Corp. is proposing to modify Draft Approved Plan of Subdivision 30T-
07205 to adjust the locations of medium-rise and low-rise residential uses and to add new local roads.
The owner has requested an Official Plan and Zoning By-law amendment in support of the proposed
modifications and to add zoning regulations that will permit an efficient, contemporary subdivision.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of
Council which deals with planning matters, on:
MONDAY, JUNE 18,2018 at 6:00 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 proposal. If a person or public body would otherwise
have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at a public meeting or
make written submissions to the City of Kitchener prior to approval/refusal of the proposal, the
person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council - click on the date in the calendar, scroll down & select meeting), or in
th
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).
Katie Anderl,Senior Planner - 519-741-2200 ext. 7987 (TTY: 1-866-969-9994);
katie.anderl@kitchener.ca
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Appendix “E” – Department and Agency Comments
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Appendix “F” – Public Input
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REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 18, 2018
SUBMITTED BY: Cory Bluhm, Executive Director, Economic Development
(519) 741-2200 ext. 7065
PREPARED BY: Lauren Nelson, Economic Development Analyst
(519) 741-2200 ext. 7072
WARD (S) INVOLVED: All
DATE OF REPORT: May 31, 2018
REPORT NO.: DSD-18-044
SUBJECT: Make it Kitchener Implementation
___________________________________________________________________________
RECOMMENDATION: For Information
BACKGROUND:
In November 2015, Council approved Make it Kitchener, the City’s economic development
strategy. This report outlines progress to date on the actions and outcomes identified in Make
it Kitchener.
REPORT:
Kitchener has adopted an ambitious economic development strategy: Make it Kitchener.
The strategy is based on the simple observation that Kitchener has, at its core, an innate
creative impulse, the ability to invent and reinvent the city’s role in rapidly evolving global
economies by making things; whether it be buttons, leather products, tires, auto parts,
consumer electronics, software, music, film, or even a city itself.
Make it Kitchener identified 54 action items in its program that have led to 102 different
outcomes or initiatives related to the pillars of Make it Spark, Make it Start, Make it Grow,
Make it Urban, Make it Vibrant and Make it Connect. Most of these outcomes have been
delivered, and are being carried out by different leaders including:
city-led initiatives: we create runways for makers, knock down barriers, build excitement
and provide the supports needed for others to do what they do best;
joint partnerships: the collision of different minds and ideas working side-by-side can be
a powerful catalyst for innovation; and,
city-builders: community members see a vision and get out there to bring it to life and
make a difference.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
IF1 - 1
Appendix 1 highlights several key accomplishments to date including festivals, events,
investments, development, and community resources. A snapshot of the status and leadership
of the various outcomes is also provided in the figures below.
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Figure 1: Status of Make it Kitchener outcomesFigure 2: Leadership for Make it Kitchener outcomes
Together with our partners, Kitchener is making significant progress on Make it Kitchener
action items and will continue to deliver new and ongoing programming.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This report supports the implementation of the City of Kitchener’s Economic Development
Strategy:Make it Kitchener.
FINANCIAL IMPLICATIONS:
This report does not require allocation of additional financial resources.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in advance of the
council / committee meeting.
ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS
Appendix 1 - Make it Kitchener progress report
IF1 - 2
Because this community is made of creators, makers, innovators
and entrepreneurs.
Youre problem solvers and game changers.
and were doing it together.
and what fuels our creative engines!
MAKE IT SPARK
MAKE IT start
City Led Initiatives:
We love to create runways
for makers! We knock down
barriers, build excitement,
get you the supports you need
and get out of the way so you
can do what you do best.
MAKE IT Grow
Joint Partnerships:
and ideas can be a powerful
catalyst for innovation.
Whenever possible, we prefer
to work side-by-side with you
were better.
MAKE IT URBAN
City-Builders:
You make it happen! You
get out there and make a
wait for us. You see a vision
and you bring it to life.
MAKE IT VIBRANT
COMPLETE
ONGOING
IN PROGRESS
STILL TO START
CITY-LED
JOINT PARTNERSHIP
MAKE IT connect
CITY BUILDER
Cory Bluhm
Executive Director of Economic Development
cory.bluhm@kitchener.ca
(519)741-2200 ext. 7065
MakeItKitchener.ca
PLANNING & STRATEGIC INITIATIVES COMMITTEE
Page 1 UNFINISHED BUSINESS2018-06-18
SUBJECT (INITIATOR) DATETARGET STAFF
INITIALLY DATE/STATUS ASSIGNED
CONSIDERED
Financial implications analysis of enhanced 2012-06-18Future PSI B.Sloan
streetscape options for Fischer Hallman Rd design (PSI)Meeting
improvements (over and above baseline capital and
operating budgets)
IF2 - 1