HomeMy WebLinkAboutDTS-10-143 - Draft Plan of Subdivision - 30T-10201 - ZC08/30/H/EB - 771 Huron Rd - Deerfield Homes Ltd
REPORT
REPORT TO:
Development and Technical Services Committee
DATE OF MEETING:
August 23, 2010
SUBMITTED BY:
Alain Pinard, Interim Director of Planning
PREPARED BY:
Elizabeth Brown, Planner (519-741-2643)
WARD(S) INVOLVED:
Ward 4
DATE OF REPORT: July 27, 2010
REPORT NO.:
DTS-10-143
SUBJECT:
DRAFT PLAN OF SUBDIVISION 30T-10201
ZONE CHANGE APPLICATION ZC08/30/H/EB
771 HURON ROAD
DEERFIELD HOMES LTD
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EXECUTIVE SUMMARY:
Deerfield Homes Ltd. is seeking approval of a draft Plan of Subdivision and a Zone Change to
allow the subject lands to be developed with single-detached and street townhouse dwellings.
The subject plan includes a park that will create a pedestrian connection to Huron Road and will
extend Rochefort and Maitland Streets. Staff is in support of the proposed Plan of Subdivision
and associated zoning, subject to the conditions outlined in this report.
RECOMMENDATIONS:
A. That Zone Change Application ZC 08/30/H/EB for Deerfield Homes Ltd. requesting a
change in zoning from Restricted Business Park Zone (B-2) to Residential Six Zone
(R-6), Open Space Zone (P-2) and Public Park Zone (P-1) on the parcel of land
specified and illustrated as the ‘Subject Area’ on Map No. 1, be approved in the
form shown in the “Proposed By-law” dated July 27, 2010, attached to Report
DTS-10-143 as Appendix C; AND FURTHER
B. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O.
1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval
to Plan of Subdivision Application 30T-10201, in the City of Kitchener, for Deerfield
Homes Ltd., subject to the following conditions
:
1.
That this approval applies to Plan of Subdivision 30T-10201 for Deerfield Homes Ltd. as
shown on the attached Plan of Subdivision prepared by the City of Kitchener dated July 28,
2010, which shows the following:
Blocks 1 Single-Detached Residential 11 units (maximum)
Blocks 2-8 Street-Townhouse Residential 72 units (maximum)
Block 9 Park
Block 10 Open Space
Block 1 1 Parking
Block 12, 13 0.3m Reserve
Block 14 Landscape Buffer
Block 15 Road Widening
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 July 28, 2010, which shall contain the following additional special
conditions:
Part 2 – Prior to Grading
2.11 The SUBDIVIDER agrees that invasive plant species control and buffer planting
will be undertaken as outlined in the Scoped Environmental Impact Statement
prepared by Ecoplans Limited (January 2010) with planting and implementation
plans to be submitted and approved to the satisfaction of the Director of Planning
in consultation with the General Manager of Community Services and the GRCA.
This should be submitted as part of the required Detailed Vegetation Plan.
2.12 The SUBDIVIDER agrees that during- and post-construction environmental
monitoring plans should be developed, submitted and approved as part of the
Detailed Vegetation Plan in compliance with the applicable guiding documents
and the Scoped Environmental Impact Statement prepared by Ecoplans Limited
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(January 2010). These shall be to the satisfaction of the Directors of Planning
and Engineering in consultation with the General Manager of Community
Services and the GRCA.
Part 3 - Prior to Servicing
3.17 Prior to servicing or registration, whichever comes first, the SUBDIVIDER shall
confirm whether decorative street signage and street lighting will be used for the
subdivision to the satisfaction of the CITY’S Director of Transportation Planning
and KW Hydro. Should these decorative elements be utilized, they shall be
installed at the appropriate time frame and at the SUBDIVIDER’S cost, including
the provision of 10% of the cost of materials for future replacement/maintenance,
to the satisfaction of the CITY’S Director of Transportation Planning and KW
Hydro.
3.19 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) No driveways shall be installed within 1.0m of a street light pole of hydro pole or
where the wheels of a vehicle would pass over any part of a submersible
transformer vault.
c) 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) Further, the SUBDIVIDER shall identify the necessary valves and
appurtenances to facilitate the transition to the final water pressure zone on
the engineering servicing drawings to the satisfaction of the CITY’S Director
of Engineering in consultation with the Regional Municipality of Waterloo.
The SUBDIVIDER shall be responsible for the installation of said facilities.
Part 4 – Prior to the Application for and Issuance of any Building Permits
4.22 Prior to the issuance of building permits, the SUBDIVIDER shall receive final
approval of the Design Guidelines for Priority Lots to the satisfaction of the
CITY’S Director of Planning. The Design Guidelines for Priority Lots shall include,
but not be limited to, the following considerations:
4.22.1 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 for porches, porticos,
stairs, or other projections, secondary door entries, horizontal articulation, brick
and masonry-style skirting and /or accentuated (bay) windows and cons
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consideration to fencing and landscaping. Preference is given to garages facing
the flankage street and a door facing the Priority street.
4.22.2 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, landscaping etc.
4.22.3 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 the building in relation to the street line,
direct walkway connections and the design treatment along road frontages for
each lot/ dwelling, including such items as the provision for porches, porticos,
stairs, or other projections, secondary door entries, horizontal articulation, brick
and masonry-style skirting and /or accentuated ( bay) windows and consideration
to fencing and landscaping.
Part 6 – Other Time Frames
6.10 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall
determine the locations of all centralized mail receiving facilities to the
satisfaction of Canada Post, in consultation with the CITY’s Director of
Engineering Services and the CITY’s Director of 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.
6.11 The SUBDIVIDER shall include a statement in all Offers of Purchase and Sales
Agreements, and/or rental agreements, which advises:
a) that the home/business mail delivery will be from a designated Community
Mail Box; and
b) homeowners of the exact Community Mail Box locations.
The SUBDIVIDER further agrees that the location of all Community Mail
Box facilities shall be shown on maps, information boards and plans,
including maps displayed in the sales office(s).
6.12 Within one year of Servicing or Registration, which ever comes first, the
SUBDIVIDER agrees to submit Park and Trail tender drawings and specifications
to the satisfaction of the CITY’s General Manager of Community Services and
the CITY’s Director of Planning.
The SUBDIVIDER shall complete the construction of the park within one year of
registration or servicing, whichever occurs first, to the satisfaction of the CITY’s
General Manager of Community Services in consultation with the CITY’s Director
of Engineering Services. The applicable construction costs such as grading,
topsoiling, seeding, sodding, landscaping, seating and signage relating to the
park and surface treatment relating to the community trail, shall be initially paid
for by the SUBIDVIDER and reimbursed to the SUBIDIVDER by the CITY.
If sufficient money is not allocated from the appropriate CITY Development
Charge Account(s) to permit the CITY to fund these works or these works are not
a Development Charge eligible expense and the SUBDIVIDER wishes to
proceed, the SUBDIVIDER agrees to provide and up-front the costs of these
works.
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Should these works become a Development Charge eligible expense, the CITY
agrees to recognize any monies paid by the SUBIDIVIDER for any works or
services normally paid out of the CITY’s Development Charge account and such
monies to be refunded or to be recognized as a credit towards any CITY
Development Charge payable for each lot or block only within the registered plan
in accordance with the applicable CITY Development Charge By-law and Policies
in effect at the time the monies are paid by the SUBDIVIDER for the works
become a Development Charge eligible expense, whichever shall be later.
If the registration of the plan is staged, 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 of the plan of subdivision, until there is no
outstanding balance remaining.
When no outstanding balance remains, the Development Charges will be paid in
the normal manner in accordance with the CITY’s By-law.
If, following the registration of the entire Plan of Subdivision and issuance of all
building permits, there is any outstanding credit balance, it shall remain with the
lands to be used as a credit towards 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 benefiting lands within the community, subject to satisfactory
arrangements being made between all parties.
6.13 The SUBDIVIDER agrees to include a 1.5 metre wide concrete sidewalk through
Block 9, connecting Rochefort Street with Huron Road to function as a public
walkway as part of the tender drawings and specifications in condition 6.12
above. Location of the sidewalk will be determined through the “Developer Built
Park” design process (Section L.6 of the City of Kitchener Development Manual)
6.14 The SUBDIVIDER shall warrant and guarantee, and hereby warrants and
guarantees all parks, walkways and trails against all defects of material and
workmanship for a period of 24 months from completion and acceptance.
6.15 The SUBDIVIDER agrees to submit an on-street parking plan in accordance with
Council policy I-1070 and within the timeframes outlined in the policy.
6.16 The SUBDIVIDER agrees to construct the required lot-level infiltration galleries
and convey related easements to the satisfaction of the CITY’s Director of
Engineering Services prior to occupancy of the affected lot or block. Furthermore,
the SUBDIVIDER’s consulting engineer will supervise and certify installation prior
to occupancy of the affected lot or block.
6.17 The SUBDIVIDER agrees to include a statement in all Offers to Purchase and
Sales Agreements that advises of lot level infiltration gallery requirements and
the requirement to maintain such facilities including the requirement that
homeowners are not permitted to disconnect downspouts. Offers of Purchase
and Sales Agreements with builders shall obligate the builder to notify
purchasers of the exact location, size and intent of the infiltration galleries. The
wording of the statement shall be the satisfaction of the CITY’s Director of
Engineering Services.
6.18 The SUBDIVIDER agrees to implement all of the recommendations of the
Scoped Environmental Impact Statement prepared by Ecoplans Limited dated
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January 2010, as amended to incorporate GRCA comments noted in
correspondence from the GRCA dated July 6, 2010, to the satisfaction of the
CITY’S Director of Engineering in consultation with the Grand River Conservation
Authority.
6.19 The SUBDIVIDER agrees that if an existing private water supply is disrupted to
properties located adjacent to the plan, within two years of the completion of
construction and acceptance of underground services for the entire subdivision,
as a result of the development of the subdivision, the SUBDIVIDER shall provide
at no cost a water supply, to the said properties, to the satisfaction of the CITY’S
Director of Engineering Services. The SUBDIVIDER further agrees that if any
collateral/structural damage to neighbouring properties occurs as a result of this
development, it is the sole responsibility of the SUBDIVIDER to rectify these
damages to the satisfaction of the CITY’S Director of Engineering Services.
6.20 The SUBDIVIDER agrees that no development shall take place on Block 4 until
such time as Rochefort Street has been connected to Maitland Street
6.21 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Huron Road to Woodbine Avenue to
Maitland Street and prohibited from using any other internal residential streets in
the community. The SUBDIVIDER agrees to advise all relevant contractors,
builders and other persons of this requirement with the SUBDIVIDER being
responsible for any required signage, all to the satisfaction of the CITY’S Director
of Engineering Services
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil the
following conditions:
1. The City Standard Residential Subdivision Agreement shall be registered on title.
2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director
of Planning and to obtain approval of such applications therefrom.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any
part of the lands and to pay all outstanding taxes on the lands.
4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments
under the direction of the CITY'S Director of Engineering, with co-ordinate values and
elevations thereon and submit for registration the plans showing the location of
monuments, their co-ordinate values, elevations and code numbers as prescribed by the
Surveyor General of Ontario.
5. The SUBDIVIDER shall make satisfactory arrangements with the HYDRO for the
provision of permanent electrical services to the subdivision and/or the relocation of the
existing services. Further, the SUBDIVIDER acknowledges that this may include the
payment of all costs associated with the provision of temporary services and the removal
of such services when permanent installations are possible.
6. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent
telephone services to the subdivision and/or the relocation of the existing services.
Further, the SUBDIVIDER acknowledges that this may include the payment of all costs
associated with the provision of temporary services and the removal of such services
when permanent installations are possible.
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7. The SUBDIVIDER shall make arrangements for the granting of any easements required
for utilities and municipal services. The SUBDIVIDER agrees to comply with the
following easement procedure:
a) to provide copies of the subdivision plan proposed for registration and reference
plan(s) showing the easements HYDRO, and telephone companies and the CITY'S
Director of Planning.
b) to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the CITY'S Director of
Engineering for municipal services;
c) to ensure that there are no conflicts between utility or municipal service easement
locations and any approved Tree Preservation/Enhancement Plan;
d) if utility easement locations are proposed within lands to be conveyed to, or presently
owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the
CITY'S Director of Engineering, or, in the case of parkland, the CITY'S General
Manager of Community Services; and
e) to provide to the CITY'S Director of Planning, a clearance letter from each of the
HYDRO and telephone companies. Such letter shall state that the respective utility
company has received all required grants of easement, or alternatively, no
easements are required.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the
CITY by the registration of the Plan of Subdivision.
9. The SUBDIVIDER agrees to convey to the City, at no cost and free of encumbrance, the
following lands for the purposes set out below:
a) Block 10, as hazard lands
b) Blocks 12 and 13, as 0.3m metre reserves
c) Block 14, as a landscaping buffer
d) Block 15, as a road widening
10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major
entrance to the subdivision, in accordance with a plan approved by the CITY’S Director
of Planning, in accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the applicable zone
and the corner visibility triangle, with the specific, appropriate location to be approved
by the CITY’S Director of Planning;
b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6
metres, and a maximum area of 13 square metres;
c) Graphics shall depict the features within the limits of the subdivision including,
without limiting the generality of the foregoing, approved street layout, including
emergency access roads, zoning, lotting and specific land uses, types of parks,
storm water management areas, hydro corridors, trail links and walkways, potential
or planned transit routes and bus stop location, notifications regarding contacts for
school sites, noise attenuation measures, special buffer/landscaping areas, water
courses, flood plain areas, railway lines and hazard areas and shall also make
general reference to land uses on adjacent lands including references to any formal
development application, all to the satisfaction of the CITY’S Director of Planning;
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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, enquiries should
be made at the CITY’S Planning Division.
11. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, for which dedication is 0.174 hectares, by:
a) The conveyance of Block 9 to the CITY, at no cost and free of encumbrance.
12. The SUBDIVIDER agrees that Bordeaux Street shall be named to the satisfaction of the
CITY’S Director of Planning in accordance with Council Policy I -1070, subject to the
modification of Stage 16 of 30T-01201.
13. The SUBDIVIDER shall provide the CITY’S Director of Engineering with a copy of the
letter report referred to in the Phase 1 & 2 Environmental Site Assessment prepared by
Eco Plans, dated April 2, 2008
14. The SUBDIVIDER shall submit a functional design for the implementation of intersection
curb extensions on Maitland Street and Rochefort Street where they intersection with
Bordeaux Street, to the satisfaction of the Director of Engineering
15. The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of
Kitchener, for the area being subdivided in order to satisfy Condition 1.22a) of the
Subdivision Agreement.
16. The SUBDIVIDER agrees that each dwelling unit shall have an unobstructed access at
grade or ground floor level, having a minimum width of 0.9 metres, from the front yard to
the rear yard of the lot either by:
i) direct access on the lot without passing through any portion of the dwelling unit; or,
ii) direct access through the dwelling unit without passing through a living or family room,
dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not
separated by a door to any such room; or,
iii) access over adjacent lands which, if the lands are not owned by the City of Kitchener
or the Regional Municipality of Waterloo, are secured by a registered easement prior to
final approval of the subdivision plan.
17. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S
Director of Planning, a detailed written submission documenting how all conditions
imposed by this approval that require completion prior to registration of the subdivision
plan(s), have been satisfied.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
1. That the owner agrees to stage the development for this subdivision in a manner
satisfactory to the Regional Commissioner of Planning, Housing and Community
Services;
2. That the subdivision agreement be registered by the City of Kitchener against the
lands to which it applies and a copy of the registered agreement be forwarded to
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the Regional Commissioner of Planning, Housing and Community Services prior
to final approval of the subdivision plan;
3.a That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any agreement
for the installation of underground services, whichever comes first. Where the
owner 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;
3.b That the owner include the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the
Planning Act, prior to the registration of this plan:
“The lot, lots, block or blocks which are the subject of this agreement of lease or
purchase and sale are not yet registered as a plan of subdivision. The fulfillment
of all conditions of draft plan approval, including the commitment of water supply
and sewage treatment services thereto by the Region and other authorities, has
not yet been completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no representation or
warranty that the lot, lots, block or blocks which are the subject of this agreement
or lease or purchase and sale will have all conditions of draft plan approval
satisfied, including the availability of servicing until the plan is registered.”
4. That prior to final approval, the owner provides an addendum to the Noise Study
titled “771 Huron Road, City of Kitchener, Noise Impact Assessment”, Stantec
Consulting Ltd., January 2010 to the satisfaction of the Regional Municipality of
Waterloo and implements any necessary recommendations in a registered
agreement with the City of Kitchener.
5. That prior to final approval, the Developer provides the Regional Municipality of
Waterloo a financial contribution in the amount of $1,500 for a transit pad on
Huron Road adjacent to Park Block 9.
6. That prior to final approval, the Developer is required to update the Functional
Servicing Report titled “771 Huron Road, Kitchener (former Oberlerchner
Property) Functional Servicing/Design Brief” prepared by Stantec, dated January
2010 with an evaluation to determine if this site should be serviced from Pressure
Zone 4 or 5 to the satisfaction of the Regional Municipality of Waterloo.
7. That prior to final approval, the Developer is required to update the
Hydrogeological Assessment titled “Hydrogeological Investigation, 771 Huron
Road (former Oberlerchner Property) Deerfield Homes Ltd”, prepared by Stantec,
dated January 11, 2010 to update the water budget to account for infiltration at
the parkland (Block 9) to determine if this park will be used as a component of
the recharge approach at the development to the satisfaction of the Regional
Municipality of Waterloo.
8. That prior to final approval, the Developer enters into an agreement with the City
of Kitchener to indicate that the Developer agrees to construct the required lot-
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level infiltration galleries and convey related easements to the satisfaction of the
City of Kitchener’s Director of Engineering Services. Furthermore, the
Developer’s consulting engineer will supervise and certify installation prior to
occupancy of the affected lot or block.
9. That prior to final approval, the Developer enters into an agreement with the City
of Kitchener to indicate that the Developer agrees to include a statement in all
Offers to Purchase and Sales Agreements that advises of lot level infiltration
gallery requirements and the requirement to maintain such facilities including the
requirement that homeowners are not permitted to disconnect downspouts.
Offers of Purchase and Sales Agreements with builders shall obligate the builder
to notify purchasers of the exact location, size and intent of the infiltration
galleries. The wording of the statement shall be to the satisfaction of the City of
Kitchener’s Director of Engineering Services.
10. That prior to final approval, the Developer enter into an agreement with the
Region of Waterloo to complete and submit a Monitoring and Mitigation plan to
evaluate if infiltration targets are being met, as well as the monitoring of adverse
impacts. The Plan must be submitted to the Regional of Waterloo within three
(3) months of the issuance of the final building permit.
11. That prior to final approval, the owner enters into an agreement with the
Regional Municipality of Waterloo, to complete and implement a road salt
management plan for Blocks 2-8 as part of any site plan application and Block 11
if this Block is used for a private parking facility. Furthermore, that the agreement
contains a provision to include implementation of the salt management plan by
way of declaration associated with any future application for plan of
condominium.
12. That prior to final approval, the owner submits a chloride impact assessment to
the satisfaction of the Regional Commissioner of Planning Housing and
Community Services; and furthermore, that the assessment findings and
recommendations be incorporated into the final stormwater management scheme
for this development.
13. That prior to final approval, the Developer enters into an agreement with the
Regional Municipality of Waterloo to distribute salt management education
information to prospective home buyers of all Units.
14. That prior to final approval, the Developer decommissions any private and
monitoring wells on the property in accordance with O.Reg. 128/03, to the
satisfaction of the Regional Commissioner of Planning, Housing and Community
Services.
15. That prior to final approval, the Developer agrees to provide the Region with a
clearance letter from the Ministry of Culture indicating they are satisfied with the
Stage 1 and 2 Archaeological Assessment prepared by Golder Associates, dated
December 2009.
4. OTHER AGENCY CONDITIONS
1. Prior to any grading or construction on the site and prior to registration of the plan,
the SUBDIVIDER or their agents shall submit the following plans and reports to the
satisfaction of the Grand River Conservation Authority:
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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 Function Servicing/Design Brief
(January 2010) with details on conveyance to the south basin SWM pond.
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 a permit under Ontario Regulation 150/06
(Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses) from the Grand River Conservation Authority prior to any grading
within the regulated area.
5. Clearance Conditions: CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the CITY’s Director of Planning, the
City of Kitchener is to be advised by the Regional Commissioner of Planning,
Housing and Community Services that Conditions 3.1 to 3.15 have been carried
out to the satisfaction of the Regional Municipality of Waterloo. The clearance
letter from the Region shall include a brief but complete statement detailing how
each condition has been satisfied.
2. That prior to the signing of the final plan by the CITY’s Director of Planning, the
Director shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7
have been carried out satisfactorily. The clearance letter shall include a brief
statement detailing how each condition has been satisfied.
3. That prior to the signing of the final plan by the CITY’s Director of Planning, the
Director shall be advised by the telecommunication companies (Bell, Rogers) that
Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter
shall include a brief statement detailing how each condition has been satisfied.
4. That prior to the signing of the final plan by the CITY’s Director of Planning, the
Director shall be advised by the Grand River Conservation Authority that Condition
4.1 has been carried out satisfactorily. The clearance letter shall include a brief
statement detailing how the condition has been satisfied.
6. Notes
Development Charges
1. The owner/developer is advised that the provisions of the Regional Development
Charge By-law 09-024 are applicable.
Conveyance of Lands
2. Conveyance of lands to the Cit of Kitchener:
If the land to be conveyed to the City of Kitchener can be more easily described
in the conveyance by reference to a Registered Plan than by ‘metes and
bounds’, it is suggested that the described be so worded.
It is further suggested that the owner give to the City of Kitchener an undertaking
to deposit with the Clerk a properly executed copy of the conveyance concurrent
with the registration of the plan.
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The date and number of the document affecting the closing of the portion of
original road allowance 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.
Review
4. Draft approval will be reviewed by the 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.
Regional Fees
6. The owner/developer is advised that the Regional Municipality of Waterloo has
adopted By-Law 09-003, pursuant to Section 69 of the Planning Act, R.S.O. 1990
c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval,
modification to draft approval and registration release of plans of 30T-10201.
Identification of Applicable Planning Act
7. 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.
Regional Servicing Agreement
8. The owner/developer is advised that draft approval is not a commitment by The
Regional Municipality of Waterloo to water and wastewater servicing capacity.
To secure this commitment the owner/developer must enter into an "Agreement
for Servicing" with The Regional Municipality of Waterloo by requesting that the
Region's Planning and Culture Department initiate preparation of the agreement.
When sufficient capacity is confirmed by the Region's Commissioner of
Transportation and Environmental Servicesto 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
9. To ensure that a Regional Release is issued by the Regional Commissioner of
Planning, Housing and Community Services to the City of Kitchener prior to year
end, it is the responsibility of the owner to ensure that all fees have been paid,
that all Regional conditions have been satisfied and the required clearance
letters, agreements, prints of plan to be registered, and any other required
information or approvals have been deposited with the Regional Planner
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responsible for the file, no later than December 15th. Regional staff can not
ensure that a Regional Release would be issued prior to year end where the
owner has failed to submit the appropriate documentation by this date.
Final Plans
10. When the survey has been completed and the final plan prepared, to satisfy the
requirements of the Registry Act, they should be forwarded to the City of
Kitchener. If the plans comply with the terms of approval, and we have received
an assurance from the Regional Municipality of Waterloo and applicable
clearance agencies that the necessary arrangements have been made, the
Manager of Development Review’s signature will be endorsed on the plan and it
will be forwarded to the Registry Office for registration.
The following is required for registration and under The Registry Act and for our
use:
One (1) Original Mylar
Four (4) Mylar Copies
Four (4) White Paper Prints
BACKGROUND:
The subject property is owned by Deerfield Homes Ltd., is 3.489 hectares in size and is
municipally addressed as 771 Huron Road. An application for draft approval of a plan of
subdivision was received in January 2010, while a zone change application was submitted in
December 2008 and amended when the draft plan of subdivision application was received. The
subject lands are within the City and Region’s Urban Area, and are designated Low Rise
Residential in the Official Plan and the Huron Community Plan. The lands are currently zoned
Restricted Business Park Zone (B2), with a Special Use provision for special permissions and
prohibitions related to manufacturing uses. The owner is proposing to develop the lands with a
mixed residential development consisting of eleven (11) single-detached dwellings, 72 street-
fronting townhouses, a block for visitor parking for the street-fronting townhouses, an open
space block and a parkland block. An amendment to change the zoning to Residential Six Zone
(R-6), Public Park Zone (P-1) and Open Space Zone (P-2) has been requested to implement
the proposed subdivision design.
REPORT:
Provincial and Regional Policy Conformity
2005 Provincial Policy Statement (PPS)
The PPS promotes building ‘healthy, liveable and safe communities’, providing an appropriate
mix of different land use types, efficiently using services and facilities, maximizing opportunities
for public transit use, and promoting intensification. Staff is of the opinion that the proposed
plan of subdivision is consistent with the 2005 Provincial Policy Statement (PPS).
2006 Growth Plan for the Greater Golden Horseshoe
The subject lands are within the ‘built boundary’ as defined by the 2006 Growth Plan for the
Greater Golden Horseshoe. The Growth Plan promotes development that contributes to
complete communities, creates street configurations that support walking, cycling and sustained
viability of transit services and which creates high quality public open spaces. Staff feels that
the proposed draft plan complies with the policies of the Growth Plan.
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Regional Official Policies Plan
The subject lands are within the City Urban Area as established in the Regional Official Policies
Plan, and staff is of the opinion that the proposal satisfies the policies of this plan.
City of Kitchener Official Plan and Huron Community Plan
The subject lands are designated Low Rise Residential in the City’s Official Plan and Low
Density Residential in the Huron Community Plan. These designations permit the lands to be
developed with a range of low rise residential uses including those proposed by the applicant.
Subdivision Design
This subdivision proposes extensions to both Maitland and Rochefort Streets, with a new street
connecting them. This proposal continues the layout of the adjacent Huron Village subdivision,
and is in keeping with the general community design noted in the Community Plan. Single-
detached dwellings and street-fronting townhouses are proposed and this subdivision will
achieve a density of approximately 61 residents and jobs per hectare. This proposed density
meets the Greenfield density target of 60 residents and jobs per hectare as required by the
Kitchener Growth Management Strategy, Regional and Provincial policies.
The proposed subdivision meets the Design Objectives set out in the City’s Design Brief for
Suburban Development. In staff’s opinion the development is well designed and achieves
walkability, place-making, conservation, connectivity, safety, liveability, balance and is transit
supportive. The applicant has made an effort to tie this proposed plan into adjacent
development to create a seamless transition in terms of street pattern, lotting fabric, and the
provision of a parkland amenity that will create a vital pedestrian linkage for this proposed plan
and adjacent developments.
Parkland
This subdivision will add about 0.174 hectares of new park space, which represents about 5% of
the total area of the subdivision. The dedication consists of a park block with a pedestrian
walkway between Huron Road and the extension of Rochefort Street, providing a connection
between the community and schools that will be located across Huron Road. An additional
Open Space Block, described in the next paragraph, is proposed adjacent to the
wetland/woodland at the north end of the subdivision. Community Services is in support of the
size and orientation of the Parkland and Open Space blocks.
Natural Environment
The subject parcel is adjacent to a wetland/woodland area and Parkvale Park. A Scoped
Environmental Impact Study (EIS), including a detailed Vegetation Plan was submitted in
support of the application. This report recommends that a 20 metre wetland buffer be
implemented. This has been accommodated in the proposed draft plan and lands within the
buffer area will be zoned Open Space Zone (P-2). These lands are identified as Open Space
Block 10 on the draft plan.
Stormwater Management
The stormwater flow from the subject property was accounted for when the final design for the
stormwater management facility on Parkvale Drive in the Adjacent Huron Village subdivision
was designed. The applicant has noted that the approved stormwater management facility was
designed to provide for development of the subject property in advance of the completion of the
Strasburg Creek weir. Conditions of draft approval have been included to address groundwater
infiltration and recharge.
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Sanitary/Water Servicing and Utilities
Water servicing is available through the existing Huron Village subdivision. The project is
divided in half in terms of sanitary servicing, with half of the site draining towards the developed
area to the west. The remainder of the site will drain east towards to the proposed extension of
Maitland Street, and as a result, development of the subdivision will be dependant upon the
extension of the sanitary sewer through Stages 5 and 16 of the adjacent Activa Huron Village
Subdivision. Other utilities can be provided.
Transportation and Traffic
With respect to the design of the plan, transportation planning is satisfied with the general layout
of the units and the preliminary parking plan. A Driveway Location Plan is required as a
standard condition of draft approval, as well as an On-Street Parking Plan. The applicant has
proposed an off-street parking block to address on-street parking requirements. This parking
block will require Site Plan Review, and will likely be subject to a condominium application to
address joint ownership amongst the street-fronting townhouse units it services.
Traffic and Engineering staff have noted concern with build-out of the subject site until such time
as the Huron Road Environmental Assessment and reconstruction are complete. After meeting
representatives for this application and the Activa Huron Village Subdivision (30T-01201), it was
agreed that a modification would be made to the Draft Approval of 30T-01201 that would
effectively transfer the ability to register prior to the reconstruction of Huron Road from Stages 7
and 8b in 30T-01201 to Stage 16 in 30T-01201 and 771 Huron Road. The development of 771
Huron Road along with Stages 16 and 5 in 30T-01201 will allow for the connection of Maitland
Street to Parkvale Drive to the east, providing an alternative access to Huron Road.
Agency Comments
Any requirements have been addressed or are included as conditions of approval.
Community Input
The subject property has been the subject of two circulations by mail. When the zone change
proposal was submitted in 2008, staff undertook a circulation and received comments from two
parties. When the draft plan of subdivision was received and circulated in early 2010, the same
two parties submitted comments to staff. One party represented an adjacent development
holding, and wished only to receive further notice and information regarding this application.
The other party noted that they did not desire to back onto a residential development, citing
privacy and noise as concerns. The letter also made reference to stormwater drainage, and
made a request that the developer install a fence between the new street-fronting townhomes
and those already constructed on Madeline Street. Staff notes that there is no
fencing/screening requirement for a development proposal such as this in the Zoning By-law,
and that the installation of privacy fencing can be done at the discretion of an individual property
owner. Street-fronting townhouse dwellings are subject to rear-yard access easements that
must also be considered when privacy fencing is installed. These easements are established
during the division of the units.
FINANCIAL IMPLICATIONS:
Upon registration, there will be immediate and ongoing operations costs for the maintenance of
the open space and trail, streets, street trees and underground services. In the long term, there
will be repair and replacement costs for streets, sidewalks and services.
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COMMUNICATIONS:
The proposed zone change application was circulated to departments, agencies and property
owners within 120 metres of the subject lands on February 20, 2009. The proposed draft plan
of subdivision application was circulated to departments, agencies and property owners within
120 metres of the subject lands on March 12, 2010. Notice signs were placed on the subject
site advising of both the applications.
In response to the circulation of the draft plan and zone change applications staff received
written responses from one resident and one adjacent developer. Concerns have been
addressed in the Community Input Section of this report. All parties who provided written
comments will be mailed a copy of this report. Notice of the public meeting was advertised in
The Record on July 16, 2010.
CONCLUSION:
Based on the foregoing, the Draft Plan of Subdivision and Zone Change applications are
appropriate and represent good planning.
The issues identified through the preliminary circulation have been included as conditions of
approval, as necessary. The lands are identified in the Kitchener Growth Management Plan for
consideration of draft approval in the 2009-2010 timeframe, the plan represents proper and
orderly development of the City and considers the criteria identified in Section 51(24) of the
Planning Act for the subdivision of land. This plan meets density requirements as set out in the
City, Regional and Provincial policy and incorporates urban design principles. Therefore, it is
recommended that the applications be approved subject to conditions outlined in this report.
Review by: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager of Development & Technical Services
Appendices
A – Proposed Draft Plan
B – Proposed Zoning By-law & Map 1
C – Newspaper Advertisement
D – Agency Comments
E – Neighbourhood Comments
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Appendix “B”
1
B-
PROPOSED BY-LAW
July 27, 2010
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 of the City of Kitchener
– Deerfield Homes Ltd. – 771 Huron Road)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. Schedule Nos. 109 and 153 of Appendix “A” to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the lands specified and illustrated as
Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Restricted
Business Park Zone (B-2) with Special Use Provision 211U to Residential Six Zone
(R-6).
2. Schedule No. 109 of Appendix “A” to By-law Number 85-1 is hereby amended by
changing the zoning applicable to the lands specified and illustrated as Area 2 on
Map No. 1, in the City of Kitchener, attached hereto, from Restricted Business Park
Zone (B-2) with Special Use Provision 211U to Open Space Zone (P-2).
3. Schedule No. 153 of Appendix “A” to By-law Number 85-1 is hereby amended by
changing the zoning applicable to the lands specified and illustrated as Area 3 on
Map No. 1, in the City of Kitchener, attached hereto, from Restricted Business Park
Zone (B-2) with Special Use Provision 211U to Public Park Zone (P-1).
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Appendix “B”
2
B-
4. Schedule Nos. 109 and 153 of Appendix “A” to the By-law Number 85-1 are hereby
further amended by incorporating additional zone boundaries as shown on Map No.
1 attached hereto.
PASSED at the Council Chambers in the City of Kitchener this day
of , 2010.
_______________________
Mayor
_______________________
Clerk
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Appendix “C”
Advertised in The Record – July 16, 2010
(CITY LOGO - AD PAGE HEADER)
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
and
A PROPOSED DRAFT PLAN OF SUBDIVISION
NG ACT
UNDER THE APPLICABLE SECTIONS OF THE PLANNI
771 Huron Road and adjacent vacant parcel on Rochefort Street
The City of Kitchener has received a Draft Plan of Subdivision and Zone Change application from Deerfield
Homes Ltd. proposing the creation of a total of 82 dwelling units, being single-detached and street-fronting
townhouse units along the extension of Rochefort and Maitland Streets and along a new proposed street. The
subdivision will also contain a park block at the south-eastern side property. The subject lands are approximately
3.489 hectares in area and are currently designated ‘Low Rise Residential’ in the City of Kitchener’s Official Plan.
The lands known as 771 Huron Road are proposed to be rezoned from Restricted Business Park Zone (B2) to
Residential Six (R-6), Public Park (P1), and Hazard Land (P3) in the Zoning By-law.
Development and Technical Services Committee
The public meeting will be held by the City’s , a Committee of Council
which deals with planning matters on:
MONDAY, August 23 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2 FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER
Any person may attend the Public Meeting and make written and/or verbal representation either in support of, or in
If a person or public body that files a notice of appeal of a decision,
opposition to, any of the above noted proposals.
does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of
these proposals, the Ontario Municipal Board may dismiss all or part of a subsequent appeal.
ADDITIONAL INFORMATION
is available by contacting the appropriate staff person noted below, viewing the report
contained in the meeting agenda (available on the Friday afternoon prior to the meeting, in the calendar section of the website
http://www.kitchener.ca/calendar/calendarEvent.aspx), or in person at the Development and Technical Services Department -
th
Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Elizabeth Brown
, Planner - 519-741-2643 (TTY: 1-866-969-9994), elizabeth.brown@kitchener.ca
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