HomeMy WebLinkAboutCSD-12-126 - Modification to Plan of Subdivision & Zone ChangeStaff Re apt
KITCHEI~'ER Communr'ty SeruicPS Department www.kitchenertu
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: September 24, 2012
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Juliane von Westerholt, Senior Planner (519) 741-2776
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: August 8, 2012
REPORT NO.: CSD-12-126
SUBJECT: MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-04204
AND ZONE CHANGE APPLICATION ZC12/07/S/JVW ,
LVH DEVELOPMENTS INCORPORATED
STAUFFER DRIVE
RECOMMENDATION:
A. That Zone Change Application ZC12/07/S/JVW (LVH Developments Incorporated,
North of Stauffer Drive and west of Tilt Drive) requesting a change in zoning from
Residential Three Zone (R-3) with Special Regulation 465 R to Residential Four
Zone (R-4), Residential Four Zone (R-4) to Residential Six (R-6), Residential Three
with Special Regulation 465 R to Residential Six Zone (R-6), from Residential Three
with Special Regulation 465 R to Open Space Zone (P-2) and from Convenience
Commercial Zone C-1 with Special Use Provision 363U and Special Regulation
Provision 466R to Open Space Zone (P-2) be approved in the form shown in the
"Proposed By-law" dated September 24, 2012, attached to Report CSD-12-126 as
Appendix B; 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-04204, in the City of Kitchener, for LVH
Developments Incorporated, subject to the following conditions (asterisk indicates
revised and/or new conditions and bolding denotes modified wording):
* 1. That this approval applies to Plan of Subdivision 30T-04204 as shown on the plan
prepared by GSP dated February 21, 2012 and as shown on the attached Plan of
Subdivision prepared by the City of Kitchener dated April 11, 2012, which shows
the following:
Stage One
Lots 1 to 157
Block 158
Block 159
Blocks 160,161,164
Block 162
Blocks 163&165
Blocks 166-171
- residential (maximum 157 units)
-walkway
- storm water management
- open space
- park/scenic roads
-park
- 0.3 metre reserves
2-1
Stage Two
Blocks 1 to 8 -residential (singles/semis) (maximum 89 units)
Blocks 9-12 -residential (street towns) (maximum 29 units)
Block 13 -walkway
Blocks 14 &15 -open space (hydro corridor/ habitat)
Block 16 -park/ scenic road
Stage Three
Lots1 to 43 -residential (maximum 43 units)
Lots 44-47 -residential (maximum 25 units)
Block 48 -walkway
Blocks 49 &50 -future development
Block 51 - 0.3 metre reserve
Stage Four
Block 1 -commercial /multiple residential (42 units)
2.0 CITY OF KITCHENER CONDITIONS:
2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision
Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Doon Creek Ltd.)
regarding the lands shown outlined on the attached Plan of Subdivision dated June 14,
2007 and which shall contain the following special conditions:
Part 2 -Prior to Area Gradin
2.1 The SUBDIVIDER shall prepare an Area Grading, Erosion and Siltation Control
Plan to the satisfaction of the CITY's Director of Engineering Services, and those
applicable City Departments or regulatory agencies, including the Regional
Municipality of Waterloo and Hydro One, to be determined by the CITY's Director
of Engineering Services.
2.8a) In consideration of the wooded character of the subdivision lands and the CITY's
desire to minimize the impact of development on the treed areas worth retaining,
the SUBDIVIDER agrees to submit a Detailed Vegetation Plan including
stewardship initiatives, suitable silt and vegetation protection measures to be
erected along the outer edge of the E.S.P.A. buffer area in consultation with the
Regional Municipality of Waterloo, and trails, as required by the Tree
Management Policy, and to obtain approval from the CITY's Director of Planning
in consultation with the Director of Operations.
b) The SUBDIVIDER shall provide a digital copy of the approved Detailed
Vegetation Plan to the CITY's Director of Planning.
c) The SUBDIVIDER agrees to implement all approved measures for the protection
of isolated trees, tree clusters and woodlands as approved in the Detailed
2- 2
Vegetation Plan including recommendations from the Corridor Enhancement
Plan and Community Trail Design Guidelines required for the future scenic trails
on Tilt Drive and Stauffer Drive, and silt an vegetation protection measures
erected along the outer edge of the E.S.P.A. buffer area, and to provide written
certification from the SUBDIVIDER's Environmental Consultant to the CITY's
Director of Planning that all protection measures have been implemented and
inspected, in accordance with the CITY's Tree Management Policy.
2.11 The SUBDIVIDER agrees to submit, obtain approval of and implement a detailed
"during development" monitoring and response program. The program is to be
approved by the Director of Engineering in consultation with the Director of
Planning, the Director of Operations, the Grand River Conservation Authority and
the Regional Municipality of Waterloo. The purpose of the "during development "
monitoring program is to ensure the stormwater management facilities satisfy the
design criteria specified in the Doon South Creek Subwatershed Plan and to
ensure erosion, sedimentation and siltation control measures are maintained and
function as approved. The "during development" monitoring program is to extend
until substantial completion of the development to the satisfaction of the CITY's
Director of Engineering.
The developer 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 Director of Engineering.
2.12 The SUBDIVIDER agrees to submit, obtain approval of, and implement a detailed
"post development" monitoring program. The program is to be approved by the,
Director of Engineering in consultation with the Director of Planning, the Director
of Operations, the Grand River Conservation Authority and the Regional
Municipality of Waterloo. The purpose of the "post development" monitoring
program is to ensure that stormwater management facilities continue to satisfy
the design criteria specified in the Doon South Creek Subwatershed Plan and to
identify any specific additional maintenance requirements that may be necessary,
including but not limited to erosion, sedimentation and siltation control measures.
The "post development" monitoring program will extend for 24 months from the
substantial completion of the development to the satisfaction of the CITY's
Director of Engineering and coincide with the maintenance guarantee period
required in the CITY's Standard Form Residential Subdivision Agreement.
The developer 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 Director of Engineering.
2.13 The SUBDIVIDER agrees to prepare a Corridor Enhancement Plan, having
regard for the Community Trail Design Study previously prepared for 30T-95018
(Monarch Corp.), for the sections of Stauffer Drive and Tilt Drive adjacent to the
plan which are to be converted to scenic trails, to be approved by the Director of
Planning. The Corridor Enhancement Plan shall examine and address measures
to be implemented to conserve and enhance the scenic-heritage attributes of
Stauffer Drive and Tilt Drive, and shall identify the amount of dedication required
to allow for the protection of existing significant vegetation, identify opportunities
for replanting and enhancement of vegetation along the corridor, address the
2-3
preservation of grades and road profile, and the location and design of fencing
separating public and private space. The Corridor Enhancement Plan shall be
prepared in conjunction with the Detailed Vegetation Plan.
2.14 The SUBDIVIDER agrees to prepare, a Community Trail Design Study, having
regard for the Community Trail Design Study previously prepared for 30T-95018
(Monarch Corp.), for the sections of Stauffer Drive and Tilt Drive adjacent to the
plan which are to be converted to scenic trails, to be approved by the Director of
Operations. The Study should consider the recommendations of the Corridor
Enhancement Plan in preparing design guidelines for the future scenic trail and
for the intersections of Robert Ferrie Drive and South Creek Drive, with a view to
conserve and enhance the scenic-heritage attributes of Tilt Drive and Stauffer
Drive. The Study shall address traffic control measures and other public safety
considerations, surface treatment to delineate traveled roadway from community
trail at various stages of development, opportunities for signage, trail furniture,
lighting and shall identify a recommended landscape plan for the scenic trail.
2.15 Prior to area grading, servicing and registration of any Stage within this plan, the
SUBDIVIDER shall obtain any necessary permits and approvals from the Ministry
of Natural Resources for the lands within the regulated habitat area for Jefferson
Salamander in accordance with the Endangered Species Act (ESA) to the
satisfaction of the Ministry of Natural Resources.
Part 3 -Prior to Servicing
3.8 The SUBDIVIDER agrees that prior to the CITY'S approval of servicing
drawings for lot-less blocks intended for street townhouse dwellings or single,
semi-detached or duplex dwellings, to submit a draft reference plan for each lot
or block, including an on street parking plan in accordance with Council Policy 1-
1070, and obtain approval of such reference plan from the CITY'S Director of
Engineering Services, in consultation with the CITY's Director of Planning. The
on-street parking plan shall generally provide for one on street parking space for
every two dwelling units where reasonable. Other options such as driveway
length, garage space, communal parking facilities may be considered.
3.12 The SUBDIVIDER agrees that staging and phasing shall be established to the
satisfaction of the CITY'S Director of Engineering Services and Director of
Planning and shall be in accordance with the requirements of Section 6.15. The
SUBDIVIDER further agrees that any necessary facilities such as temporary
roads, temporary emergency accesses, turning circles shall be shown on all
engineering drawings, to the satisfaction of the CITY'S Director of Engineering
Services. Following the registration of Stage 1, the registration of Stage 3 shall
occur prior to, or concurrently with the registration of Stage 2.
3.18 Prior to Servicing or Registration, whichever may come 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
2-4
be installed at the appropriate time frame and to the SUBDIVIDER'S cost,
including the provision of 10% of the materials for future
replacement/maintenance, to the satisfaction of the CITY'S Director of
Transportation Planning and KW Hydro.
3.19 The SUBDIVIDER shall prepare a Streetscape Plan for the Priority Street, being
Robert Ferrie Drive and the Secondary Priority Streets being South Creek Drive
and Forest Creek Drive , to the satisfaction of the CITY's Director of Planning in
consultation with CITY's Director of Transportation Planning, CITY'S Director of
Engineering Services and the CITY's Director of Operations. The Streetscape
Plan shall illustrate a consistent streetscape theme for the Priority Streets
showing:
a) Design and construction details, with preference to low-maintenance,
sustainable plantings and decorative streetscape elements;
b) Design and construction details for defined pedestrian crosswalks;
c) Design and construction details for traffic calming features:
d) Conceptually identify locations and type of flankage lot streetscape features,
such as decorative fencing and landscaping between the side yard fencing
and sidewalk for flankage lots and
e) Potential locations of utilities and transit stops.
Any centre medians, traffic calming features and crosswalks shall be installed by
the SUBDIVIDER with the initial road construction of Robert Ferrie Drive, Forest
Creek Drive and South Creek Drive.
Part 6 -Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Robert Ferrie Drive/boon South Drive to
Homer Watson Boulevard only and prohibited from using any other 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. Any alternate routes must be to the approval of the CITY's Director
of Engineering.
6.11 The SUBDIVIDER shall satisfy the parkland dedication requirements for this
subdivision by conveying Blocks 162,163,165 (Stage 1) and Block 19 (Stage 2)
with the remaining dedication taken as cash in lieu of land. The SUBDIVIDER
also agrees to design and construct a neighbourhood park on lands owned by
the City to the north of the subject lands and west of Tilt Drive. The cost for the
design and construction of the park will be approved by the Director of
Operations. Any costs beyond the 5% cash in lieu, for design and construction of
the park shall be refunded to the Subdivider through Development Charge
2-5
credits. The SUBDIVIDER further agrees to complete construction of the
neighbourhood park within one year of registration or servicing of the first stage
of the plan, whichever comes first.
6.12 The SUBDIVIDER acknowledges that Stages 1 and 3 may be registered to
include up to a maximum of 200 units in advance of the Homer Watson Pumping
Station emergency storage upgrades being completed subject to the approval of
the CITY's Director of Engineering Services.
Furthermore, the SUBDIVIDER agrees that prior to the registration of Stages 2
and 4 of this plan, the tender award for the Homer Watson Sewage Pumping
Station capacity upgrades and emergency storage shall be completed.
Furthermore the SUBDIVIDER agrees that prior to occupancy being granted for
Stage 2 and 4, the Homer Watson Sewage Pumping Station capacity upgrades
and emergency storage shall be constructed and operational to the satisfaction
of the CITY's Director of Engineering Services. It is acknowledged that these
works, including design expenses, are included in the CITY's Development
Charge By-law 99-106, as amended, and the City shall be responsible for 100%
of the cost of these works.
If sufficient money is not allocated from the appropriate CITY Development
Charge Account(s) to permit the CITY to fund these works or if the works are not a
Development Charge eligible expense and the SUBDIVIDER wishes to proceed,
the SUBDIVIDER agrees to provide and up-front the cost of these works.
Should these works become a Development Charge eligible expense, the CITY
agrees to recognize any monies paid by the SUBDIVIDER for any works or
services normally paid out of the CITY's Development Charge Account with 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 or 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 credit balance remains, then 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 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 benefiting lands within the community, subject to satisfactory
arrangements being made between all parties.
2-6
6.13 The SUBDIVIDER agrees to submit a functional design plan for the curb
extensions required on Forest Creek Drive where it crosses Doon Creek to the
satisfaction of the CITY's Director of Transportation Planning, prior to finalization
of the street design for Forest Creek Drive.
6.14 The SUBDIVIDER agrees to submit and implement a functional design plan to
the satisfaction of the Director of Transportation Planning and convey any
additional lands required for the roundabout at the intersection of Robert Ferrie
Drive, Evens Pond Crescent and South Creek Drive.
6.15 The SUBDIVIDER agrees that Forest Creek Drive from the north limit of the
subdivision to Robert Ferrie Drive, Robert Ferrie Drive from its existing terminus
at Tilt Drive to South Creek Drive and South Creek Drive from Robert Ferrie
Drive to Stauffer Drive be constructed to City standards or alternatively
temporary road standards, and open to public vehicular traffic to the satisfaction
of the CITY's Director of Engineering prior to application for building permits.
6.16 The SUBDIVIDER agrees that the culverts required for the construction of Forest
Creek Drive over Doon Creek and where Robert Ferrie Drive crosses Tilt Drive
shall be designed and constructed to the satisfaction of the Director of
Engineering during road design and construction. It is acknowledged that these
works, including design expenses, are included in the CITY's Development
Charge By-law 2004-156, as amended, and the City shall be responsible for
100% of the cost of these works.
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.
Accordingly, the City agrees to recognize any monies paid by the Subdivider for
any works or services normally paid out of the CITY's Development Charge
Account, with such monies representing a credit towards any City Development
Charge payable for each lot or block only within the registered plan. Said credit
shall be granted for that portion of the applicable Development Charge with
respect to the engineering services required to be paid prior to the issuance of
building permits for those lots or blocks identified by the Subdivider and included
in the Supplementary Agreement with the City to be registered against the title of
each identified lot or block.
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 credit balance remains, then 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 balance, it shall remain with the lands
2 - 7
to be used as a credit for future development, or alternatively, the City shall 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.
6.17 The SUBDIVIDER agrees to design the neighbourhood parks on Blocks 163 and 165
(Stage 1) and to the satisfaction of the Director of Operations prior to registration. The
SUBDIVIDER further agrees to complete construction of all neighbourhood parks within
one year of registration or servicing, whichever is first, of Stage One. Any construction
costs, such as playground equipment and landscaping, shall be paid for by the developer
and refunded through development charge credits.
6.18 The SUBDIVIDER agrees that if the existing private water supply is disrupted to
properties located adjacent to the plan, within two years of the completion and
acceptance of underground services for the entire subdivision, as a result of the
development of the subdivision, it shall provide at its cost a water supply, to the said
properties, to the satisfaction of the CITY's Director of Engineering
6.19 The SUBDIVIDER shall install a permanent 1.5 metre high chain link fence to the
satisfaction of the CITY'S Director of Operations along the eastern perimeter of Block 18
(Stage 2) prior to application of any building permit.
6.20 The SUBDIVIDER agrees to implement all of the recommendations of the Environmental
Implementation Report (Ecoplans September 2004).
6.21 The SUBDIVIDER agrees that the site plan approval for Block 1 Stage 4 shall include
provision for an unobstructed pedestrian access through this site from the Hydro
Corridor to Robert Ferrie Drive.
6.22 The SUBDIVDER agrees that the site plan approval for Block 1, Stage 4 shall consider
the panoramic views in the community in any decisions regarding the placement, height
and massing of the building(s) proposed in this block.
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the
following conditions:
1. The City Standard Residential Subdivision Agreement be registered on title
2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S
Director of Planning and shall obtain approval 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 agrees to stage the plan to the satisfaction of the Director of
Planning.
5. 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
2 -
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.
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
Director of Planning.
7. 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 the
monuments, their co-ordinate values, elevations and code numbers as prescribed by the
Surveyor General of Ontario.
8. 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.
9. 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.
10. 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 telephone companies and the
City, to 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 Services for municipal services;
(c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/Enhancement Plan;
(d) if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the CITY, the SUBDIVIDER shall obtain prior written
approval from the CITY'S Director of Planning or, in the case of parkland, the
CITY'S Director of Operations; and
(e) to provide to the CITY'S Director of Planning, a clearance letter from each of
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.
2-9
10. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the
CITY by the registration of the Plan of Subdivision.
11. 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
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 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 agrees that the streets shall be named to the satisfaction of the
CITY'S Director of Planning in accordance with Council Policy I -1070.
14. 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.
*15.The SUBDIVIDER agrees to convey to the City the following lands for the
purposes stated therein, at no cost and free of encumbrance, concurrently with
the registration of the plan of subdivision:
a) Block 159 (Stage 1) as Storm water management pond;
2-10
b) Blocks 160, 161 &164 (Stage 1), Blocks 14, 15 (Stage 2) as Open Space;
c) Blocks Blocks 162,163,165 (Stage 1) ,Block 16 (Stage 2) as Park;
d) Blocks 166-171 (Stage 1), Block 51 (Stage 3) as 0.3 metre reserves;
e) Blocks 13 as public walkway (Stage 2).
16. That prior to registration of each stage, the SUBDIVIDER shall submit a detailed "during
development" monitoring and response program and obtain approval from the CITY's
Director of Engineering in consultation with the CITY's Director of Planning, the CITY's
Director of Operations, the Grand River Conservation Authority and the Regional
Municipality of Waterloo.
17. That prior to the registration of each stage, the SUBDIVIDER agrees to submit a
detailed "post development" monitoring program and obtain approval from CITY's
Director of Engineering in consultation with the CITY's Director of Planning, the CITY's
Director of Operations, the Grand River Conservation Authority and the Regional
Municipality of Waterloo.
18. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales
Agreements that advises:
i. that the home/business mail delivery will be from one or more
designated Centralized Mail Boxes.
ii. that the subdividers be responsible for officially notifying the
purchasers of the exact Centralized Mailbox locations prior to the
closing of any home sales
iii. that the location of all centralized mail receiving facilities shall be
shown on maps, information boards and plans, including maps
displayed in the sales office(s).
*19. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire subdivision
by the conveyance of Blocks 161, 162,163,165 (Stage 1) Block 16 (Stage 2) in addition
to the construction of the park facilities on lands west of Tilt Drive which are currently
owned by the City, as described in Condition 6.11 of Section 2.1 of this report and The
SUBDIVIDER agrees to prepare a reference plan and convey, at no charge, to the City of
Kitchener the additional lands owned by the applicant consisting of 6.515 ha of land
commonly known as Evens Pond and the land surrounding it to the limits of the plan. The
SUBDIVIDER further agrees to convey, at no charge, additional lands owned by the
applicant consisting of 5.720 ha in the southeast corner of the plan, along Tilt Drive and
Groh Drive also known as ESPA 34.
20. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to final
approval of the plan, a Detailed Vegetation Plan is to be submitted to and approved by the
CITY's Director of 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.
21. The SUBDIVIDER agrees to have all proposed tree and shrub plantings on public rights of
way reviewed and approved by the Director of Operations.
2-11
22. 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.
23. The SUBDIVIDER shall submit and obtain approval of landscape plans of the stormwater
management facilities and buffer areas of ESPA 34 to be prepared by an environmental
professional acceptable to the CITY's Director of Operations in consultation with the
Regional Municipality of Waterloo.
24. The SUBDIVIDER agrees that completion of required upgrades to the Homer Watson
Pumping Station shall be completed, to the satisfaction of the Director of Engineering.
25. Prior to the registration of the first stage, the SUBDIVIDER agrees to provide an easement
to the CITY, for the purpose of providing servicing to adjacent lands, if necessary, to the
satisfaction of the CITY's Director of Engineering in consultation with the consulting
engineer for the SUBDIVIDER. The CITY agrees to quit claim the easement when
appropriate.
26. The SUBDIVIDER agrees to make arrangements with the adjacent subdivider to the north
(30T-04208, Hallman Construction Limited) for the conveyance of an easement and/or
licence to the City in a form satisfactory to the City Solicitor such that Forest Creek Drive
from the north limit of the subdivision to the existing terminus of Apple Ridge Drive, Robert
Ferrie Drive from its existing terminus at Tilt Drive to South Creek Drive and South Creek
Drive from Robert Ferrie Drive to Stauffer Drive will be constructed as part of the
development of either subdivision.
27. Prior to area grading, servicing and registration of any stage within this plan, the
SUBDIVIDER shall obtain any necessary permits and approvals from the Ministry of
Natural Resources for the lands within the regulated habitat area for Jefferson Salamander
in accordance with the Endangered Species Act (ESA) to the satisfaction of the Ministry of
Natural Resources.
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 the Regional
Commissioner of Planning, Housing and Community Services prior to final approval of
the subdivision plan;
3a) 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 Engineering
2-12
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;
3b) 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 prepare a noise study to indicate to the Regional
Municipality of Waterloo, methods to be used to abate traffic noise levels for all lots
adjacent to Robert Ferrie Drive, South Creek Drive and Forest Creek Drive and if
necessary, shall enter into a subdivision agreement with the City of Kitchener to provide
for implementation of the approved noise study attenuation measures;
5. That prior to final approval, the owner prepare an inventory of current/historic private
wells on the subject property as well as obtain aplan/documentation for abandonment
to the satisfaction of the Regional Commissioner of Planning, Housing and Community
Services;
6. That prior to final approval, the owner prepare a water distribution study to ensure that
units with finished floor elevations below 304.6 MASL have sufficient water pressure
levels to meet the minimum requirements for domestic use and enter into an agreement
if necessary with the City of Kitchener, and that furthermore, the owner update the
"boon Creek Subdivision & Tilt Drive Subdivision Preliminary Water Distribution
Analysis" report (MTE, December 12, 2008) to reflect the preferred Alternate 2 option
contained in the Region's "Kitchener Pressure Zone 2 and 4 Optimization Study"
(Stantec, May 2009).
7. That prior to final approval, the owner enter into an agreement to satisfy the
requirements of Grand River Transit relating to the operation of bus service within the
plan, and to the satisfaction of the Regional Commissioner of Planning, Housing and
Community Services;
8. That prior to any grading and/or site alteration and final approval, construction fencing
be erected along the limits of ESPA 34 - Doon South Woods (dripline) and wetland
limits to demarcate a no touch zone to prevent equipment and debris intrusion into
these areas;
9. That prior to final approval, the owner enter into an agreement with the City of Kitchener
to ensure that water balance completed to date be updated with the "as built" infiltration
gallery data (based on the suitability of soils encountered during construction) and that
2-13
this data be reported to the Region of Waterloo in the event that a ground water deficit
results and mitigation measures may be required to maintain the existing water balance
sustaining the wetland and ESPA features;
10. That the Owner design the Forest Creek Drive crossing of the floodplain (east side of
site) to the satisfaction of the City of Kitchener in consultation with the Region of
Waterloo so as to enhance the potential for wildlife movement from north to south
between the wetland and ESPA by way of oversized culverts;
11. That prior to final approval, the Owner install fencing along the rear of all lots abutting
ESPA 34 - Doon South Woods, and westward as indicated by the permanent fencing
designated on figure 5 (Ecoplans, October 2004) to the satisfaction of the City of
Kitchener.
4. OTHER AGENCY CONDITIONS
Prior to any grading or construction on the site and prior to registration of the plan, the
owners or their agents 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
2004) and Addendum (January 2006) and revisions (February and September 2006),
Environmental Implementation Report (September 2004) and Addendum (March 2006)
and revisions (July and September 2006), as well as additional information provided by
MTE Consultants and Ecoplans Limited.
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 Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Permit from the GRCA prior to the
construction in a wetland and/or grading in a regulated area and/or construction of the
Stormwater Management outlet in a regulated area.
2. Prior to registration, the owner agrees to make arrangements satisfactory to Hydro One
Networks Inc. for the crossing of the hydro right of way by proposed South Creek Drive
and Elmbank Trail.
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the CITY's Director of Planning, the Director
shall be advised by the Regional Commissioner of Planning, Housing and Community
Services Conditions 3.1 to 3.11 have been carried out to the satisfaction of the Regional
Municipality of Waterloo. The clearance letter from the Region shall include a brief
2-14
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 the telephone company that Conditions 2.2.9 and 2.2.10 have been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the conditions were satisfied.
3. That prior to the signing of the final plan by the CITY's Director of Planning, the Director
shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.8 and 2.2.10 have been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the conditions were satisfied.
4. That prior to the signing of the final plan by the CITY's Director of Planning, the Director
shall be advised by 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. That prior to the signing of the final plan by the CITY's Director of Planning, the Director
shall be advised by Hydro One Networks Inc. 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. That prior to the signing of the final plan by the CITY's Director of Planning, the Director
shall be advised that the mitigation plan for the protection of salamander habitat has
been approved by the Ministry of Natural Resources as outlined in Condition 2.15. 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-laws
of the City of Kitchener and the Regional Municipality are applicable.
Registry Act
2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as
amended, under The Registry Act.
Updated Information
3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Business and Planning Services Departments of any
changes in ownership, agent, address and phone number.
Agreement
4. 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. The fees for the preparation and registration of this
agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and
$50.00 respectively.
2-15
Fees
5. The owner/developer is advised that the City of Kitchener and the Regional Municipality
of Waterloo have adopted By-Laws, 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 subdivision.
Approvals for Servicing Systems
6. 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, is submitted to the Ministry of the
Environment for approval.
stormwater Management
7. 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
be obtained 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, is submitted to the Ministry of the Environment for approval.
Sewage System
8. 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, is submitted to the Ministry of the Environment for approval.
9. Hydro One
The transmission line within this subdivision operates at 500,000, 230,000 or 115,000
volts. Section 186 -Proximity - of the Regulations for Construction Projects in the
Occupational Health and Safety Act, require that no object be brought closer than 6
metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors
is 4.5 metres (15 feet) and for 115kV conductors it is 3 metres (10 feet). It is the
proponent's responsibility to be aware, and to make all personnel on site aware, that all
equipment and personnel must come no closer than the distance specified in the Act.
They should also be aware that the conductors can raise and lower without warning
depending on the electrical demand placed on the line. Further, during construction,
there will be no storage of materials or mounding of earth or other debris on the right-of-
way.
Planning Act Applicability
10. This draft plan was received on October 18, 2004 and shall be processed and finally
disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended as of that date.
Regional Servicing Agreement
11. 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
2-16
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
12. To ensure that a Regional Release is issued by the Regional Commissioner of Planning
and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner
to ensure that all fees have been paid, that all Regional conditions have been satisfied
and the required clearance letters, agreements, prints of plan to be registered, and any
other required information or approvals have been deposited with the Regional Planner
responsible for the file, no later than December 15th. Regional staff cannot ensure that a
Regional Release would be issued prior to year end where the owner has failed to
submit the appropriate documentation by this date.
Final Plans -Subdivision
13. 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 signature of the CITY's Director of
Planning 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
REPORT:
The subject property(Draft Approved Plan of Subdivision 30T-04204) is located at the northwest
corner of Stauffer Drive and Tilt Drive. The lands are owned by LVH Developments
Incorporated. The subject lands are located within the Doon South Community and the
proposed zone change and subdivision modification will implement the Endangered Species Act
(ESA) permit approved by the Ministry of Natural Resources (MNR).
The lands were granted draft approval in June of 2007. One of the conditions of the draft
approval (Condition 2.15) required the owner to prepare a mitigation plan for the habitat of the
threatened species and implement the mitigation plan as part of the ESA permit process. The
owner has completed the mitigation plan and has received approval from the MNR for a permit
under the ESA permit process. The Permit requires Stage 2 of the Draft Plan be shifted in an
2-17
easterly direction, away from the significant habitat in the Caryndale Woodlot to the west of the
subject lands in order to provide a greater separation distance from the development limit and
the habitat feature. The permit also required the construction of fencing and a funnel wall to
contain the species within the habitat and to prevent human encroachment into the feature. By
shifting the development limit of Stage 2 in an easterly direction the already approved zone lines
will also require shifting also in order to align the new lot lines.
The applicant has applied for a zone change to implement this required easterly shift of the
development limit determined by the MNR ESA permit.
The applicant proposes to change the zoning to Residential Three (R-3) and Residential Four
Zone (R-4) for the proposed single detached and semi-detached dwellings; to Residential Six
Zone (R-6) for the street townhouse dwelling properties and to Open Space (P-2) for the buffer
area adjacent to the significant habitat feature in the Caryndale Woodlot and the Hydro Corridor
trail.
The draft Plan of Subdivision is also being modified to shift the development easterly and the
street pattern has been slightly altered to facilitate this shift. The plan is already draft approved
and is essentially the same layout as approved, only shifted easterly and approximately 30 lots
were removed.
Provincial and Regional Policy Conformity
Provincial Policy Statement (PPS)
The PPS promotes the need to build `strong, liveable and healthy communities', and `protect the
environment and public health and safety' by `managing change and practicing efficient land use
and development patterns'. The PPS also directs municipalities to protect the significant habitat
of threatened and endangered species. By shifting the subdivision easterly, the habitat will be
protected and this is consistent with the direction in the PPS. Staff is of the opinion that the
proposed plan of subdivision and zone change are consistent with the 2005 Provincial Policy
Statement (PPS).
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. Staff is of the opinion that the proposed draft plan and zone change
comply with the policies of the Growth Plan.
Regional Official Policies Plan
The subject lands are within the Urban Area Boundary as established in the Regional Official
Policies Plan, and staff is of the opinion that the proposal conforms to the policies of the this
plan.
City of Kitchener Official Plan and Doon South Phase 1 Community Plan
The Official Plan designates the property as Low Rise Residential and Open Space. The Doon
South Community Plan further refines the Official Plan designations by designating the portion
of the subject property as Low Density Residential, Convenience Commercial and Open Space.
The dwelling types proposed are permitted and suitable for the land use designations specified
for the property. The modification to the draft plan and the zone change do not affect Official
Plan Designations and comply with the Official Plan.
Kitchener Growth Management Plan (KGMP)
2-18
The subject lands are identified as Priority `A' in the KGMP which supports the processing of
applications and development of these lands.
Proposed Zoning
In order to implement the modifications to the plan of subdivision, a zone change is necessary in
the form shown on Map 1 of Appendix B of this report. Specifically, the developer is requesting
to change the current Residential Three (R-3), Residential Four (R-4), Convenience Commercial
(C-1), zoning to:
• Residential Six (R-6) - to permit multiple dwellings (street townhouses);
• Residential Four (R-4) - to permit single and semi-detached dwellings;
• Residential Three (R-3)- to permit single and semi-detached dwellings;
• Open Space (P-2) -for the buffer area adjacent to habitat and the Hyrdo Corridor Trail;
Removal of a road as part of redesign
As a result of the ESA permit, Stage 2 of the subdivision had to shift in an easterly direction in
order to provide the required separation from the significant habitat feature in the Caryndale
Woodlot to the west of the subject lands. This also resulted in the shift of the proposed roads in
the draft approved plan and as a result of the shift one road and approximately 30 lots were
removed. The road was subsequently reconfigured from a cul-de-sac off of a local road to two
shorter local roads. This shift was necessary in order to ensure that traffic could still move
through the area and that sufficient number of usable lots for residential purposes could be
retained for development.
Protection of the Species/ earlier closure of Stauffer Road
It is in the interest of the protection of the threatened species to ensure that the requirements of
the ESA permit be implemented as soon as possible as this would go a long way toward the
protection of the species and its habitat. In the interest of the protecting the species even
further, the sooner the lands and roads within the subdivision are completed, the sooner
Stauffer Drive can be closed to vehicular traffic permanently. This too will help ensure that the
species is protected, as it is known that the species crosses this road during the spring breeding
time and is now closed on a temporary basis during this time to help protect the species'
movement. Once the subdivision is developed, Stauffer Drive can be closed to vehicles and
become a Scenic Heritage Road and trail, thus minimizing the risk of the species being killed by
passing vehicles.
AGENCY COMMENTS:
Any requirements have been addressed or are included as conditions of approval.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This proposal supports development of our community and will align with the Kitchener Strategic
Plan as it ensures the implementation of the community priority Development and is consistent
with all guiding documents that implement the Strategic Plan.
FINANCIAL IMPLICATIONS:
Upon registration, there will be ongoing operations costs for the maintenance of the open space,
parks and streets, street trees and underground services. In the long term, there will be repair
and replacement costs for streets, sidewalks and services.
2-19
COMMUNITY ENGAGEMENT:
The subject applications were circulated by mail within a 120 metre radius as required by
Council policy. No responses were received. Notice was given in the Record on August 31,
2012.
CONCLUSION:
To provide the appropriate development setback from the significant habitat, it is necessary to
shift the plan easterly. The issues surrounding the protection of the threatened species have
been addressed. This Plan of subdivision is already draft approved. This modification is
necessary to fulfill a condition of draft approval. Staff has taken the necessary steps to ensure
the CITY's and public interests are being upheld. The applications represent proper and orderly
development of the City and consider the criteria identified in Section 51(24) of the Planning Act
for the subdivision of land. This plan satisfies the policy requirements as set out in the City,
Regional and Provincial policy. Therefore the Draft Plan of Subdivision and Zone Change
applications are appropriate and represent good planning, and it is recommended that the
applications be approved subject to conditions outlined in this report.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO
Community Services Department
Appendices
A -Proposed Draft Plan
B -Proposed Zoning By-law & Map
C- Newspaper Notice
D-Agency Comments
2 - 2~
Report tdo. CS®-12- 1;~(p
N O>VCO ~-T'tfl000~ Q'~V NMOO aD 1QL(~D~ p,ppenaix'A" -
l0.-~-1~ d'rnONS ~ 01 wLCJ (OO ~ ~O ~aD QvN.-
.C D7 O m .-• V O T ,
4 v (O O fO e- O O O O M~ Q v J
~Z ~ZfO X ~Z N N ~Z ~ O Q'
~~ ~~~ ~ ~~ ~ ~ ~~ ~ \ ~ O
N o
3 'OO 3 $ ° ~ ° \ M
D o'Ep D E cS' e d
t (~ 8i U N y m d' V
n d 0
.yG o~~~~C ~ ooa _~ ~Q~,~~ ~ N N
°' f0 a n n. c ~ m 30 `° n n a ~ m as m c N ~~
N p~~~nzn<nrn ~ ~~~3m~~ y o° ~'y~rr pE 1 U
~ N z
Z m~ aoi a> m -L E m Z °' a.°i ~ a' ~'. o. o Z m~ D E B Z Eo ~ ~ Z
~ y g~nao°oooao~ ~rnrna'ooo~ ~ini'naiio~ go ~ G Z
_~:
~ ~,~`, n~ ~ mti ~ N ~ r ~ ~ ~ Z O ~ a
N C ~ .- W oSecn N WLLIMVm N m W a ~ ~~
i N N v h f ~ (.7~~ O
~ ~fa ~ ~~a O ~ ~Z J `~' o o ~ o sb' o ~ ~~~ i' o o °o o ~ H= 0 0 0 0 0 ,~ F¢-O~ `~° O ~ LI.I
~„ ,~,` J cn0 mmmmmmm in tn~m'm'mmmm in (nF-~'m'mmm rn ~tLmin r Q U ~
o ~/ _.__.___.._N J ~ ~
_ •~ _~ U
~g ~_ W ~ o
~« n ~ ~ l wZ07"l6l MAZ,60aEt N •• Iii 1'11 N Q
"1.i
c p
`° ~ '~ ° .`^: ~;~ '' ~ °~' 8 • . ° ~ ~ ~ to ~ v j
us w ~ ~., ° ..... ~ woa y O ~
Ya
~ ~
• ~Ei ~. w i~ • • '
E3 6 e . •u% l.L }.
__.... __....2 fib "~ d. ' ~~ ~ Z F
0 2` i ~ `s;w ' ~~ _ O Q
srr• moa e~si 96 ~ ~ '~~~ ~{'1 E - Ni'~e ~ _ ~ ~
'~ e,~.. ° ~ o r o rs me a~a\ 1 ~ ~' x ~~ o ~ ~ > W ~ Ov
a z v
~~ e ~ ~ esi z `- .9d, s°g;\ •' ; ', 'm a~idm w z
~' w e~ 133b t r •° a Qoa 1 , \\. . \\ ~: o LL 3n°iao ~ O
IS 2, ? ~
~,
~i w A£i 1iJ2 e`~-y E9Z 'i ~0 9'b 6 ~ ~ ~~o
LL
r
i s qp 'or~i ','~.• i i~' ~ Ei W Z' N N
i . I i } '
°j 33e ~ e `3n a9 ' ~ qF . cr't I~ x `. ~~~ vo (n ~ ~
~ N oW SR < a~ e a3. .~ roe W Q d
o.
^ ,eo
m'o OO n 3~ Io'•~ ~,F' R + z' ~~~ Gov t
~' ~ S o g'oo ao
~ p m c~
.-.... _.. a34 v~ ` r epG`'' ~ mt .P• aRFYN• p0 ~. ~ _.: hQ 320 ~~ O
N mt
r ~
nz 3fi' _- °' wl ~~ °m ryas ~ ~ N
mE - ~.. ~.} _ ~, / ~ \`~. ~rX~T.~T x'i Ls ~~ .rte..
O ,. `~p4 S~~,3. COL ~m ~~__-. ~ ~\52461521522::^a~~~ ~ ~~~1~~~ m0$ 1880 ~ N O ~
~~ ~ ~.~ ~ O ~~~~ry{/ -} ~b0 ~M 160 ~ Z
v ~so ,LC 524' ~ SL) v -V ~ ~
,~~ ~ ~~ `\~ 1854 524 ~ My £e£ ti ~ ~ ~ g W
Wu °Q ~~~ •~ m~° i ~ e-U~c M.('l~ % ROW N C~ Q
E~ <_z YYY VN~ N t
oz ~<„ ~~~ _ „w W o mEa'o ~ ~ „~ _ e Cn o
era o55$~ _a 8.~ o ~ a v~ , i^tr ,a 'm¢d M~" w
~~O Q~m d~~ 33 OZC W m~ ~ s HL myo ~ K
K ~
gz~ ~ U ~v° rva ma'o p,' O
vim y 2 mN~ \~' YC~ 2 E LL
o m$~ O a OQ~ myo ~o O _
z~ °m~ o .ooUNE yry~ ~ryh ~ ~~0 ~ ~.ot ~ ~ N
~; .~ i~'•~' '' `5n yti V~+ ?O 0=^~ 3U vs~ta a°c=_ mg''° ~ ~ U
•' J :nom ~~ .~~bdf so£Y~ ~^'~01~ ~ sr~N ~a m~"?a mmR ~ Z
~ f ~M1e v"oa a ._M e~~~mF3 m~N ~ `aoS ~~~ m ° O ~° ~° Z Q
,.~ l h GOJ~y'(e?M10. a° ~°~ Goy ~e- in o'
1 SP ~ 'S~ o :F3' ~ ~~ ~'o F3 w Y m 0
w J~a ayry ° w~'o o ~ ~ 'm-u,°' 133211S 2131tlMN331J~J
°~' ~ ;' E moo °~d m o ~ mo Nat ~ F-
Z 8'SS ,• y.
0
M.ozzaei N ~ W$bZ IBL* - • ~~- • " m~° m w
w~. . ~..._..., i' y ~p r E ~ ~ gOd _. L ..._ n W
i
K ~ ~ m'o ~ smE' m. •t r' ~ c ~ ~
r- a~ '~ N' a O O m
..
..~ ~ rn ,• ~ N ° ~
E` ~ ~ ~ s m
1 t69 ~vN : 'SETBACK
e~ ~ ~ e ~ ~. K ~ ~- , Z ^~, mON 3uvisee nsovoae i~mi amwao se>~ye Z~° dad W
~~ ,,' 1.. ~......~
'~ ~fl~ Q H
•~i~~~~~~~~~~~~/~v~~~3 ~ J
-p~'$..J u'E06'4tE M.SLOf.EtN
O
2-21
Repoct No. cS~-12- t2.fp
PROPOSED BY-LAW Appendix " ~`-
September 24, 2012
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 - LVH Developments (DC) Inc., Doon
Creek Stage 2 30T-04204 -Stauffer Road west of
Tilt Drive)
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. 205 and 210 of Appendix "A" to By-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener,
attached hereto, from Residential Three Zone (R-3) with Special Regulation
Provision 465R to Residential Four Zone (R-4).
2. Schedule Nos. 205 and 210 of Appendix "A" to By-law Number 85-1 are
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 Four Zone (R-4) to Residential Six Zone
(R-6).
3. Schedule No. 205 of Appendix "A" to By-law Number 85-1 is hereby
amended by changing the zoning applicable to the parcels of land specified
and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached
hereto, from Residential Three Zone (R-3) with Special Regulation Provision
465R to Residential Six Zone (R-6).
4. Schedule No. 205 of Appendix "A" to By-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 Three Zone (R-3) with Special Regulation
Provision 465R to Open Space Zone (P-2).
2 - 22
Rep®rt No. CSD-12- I Z(,
Append'x 661 66^~
5. Schedule No. 210 of Appendix "A" to By-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 Convenience Commercial Zone (C-1) with Special Use
Provision 3630 and Special Regulation Provision 466R to Open Space
Zone (P-2).
6. Schedule No. 205 of Appendix "A" to By-law Number 85-1 is hereby
amended by changing thereon the zoning applicable to the parcel of land
specified and illustrated as Area 6 on Map No. 1, in the City of Kitchener,
attached hereto, from Residential Four (R-4) to Residential Three (R-3) with
Special Regulation Provision 465 R.
7. Schedule Nos. 205 and 210 of Appendix "A" to 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 , 2012
Mayor
Clerk
2 - 23
2 - 24
Advertised in The Record -August 31,2012
Report No. GS®-12- J2,~
Appendix "~ ~°
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
AND MODIFICATION TO A DRAFT APPROVED PLAN OF SUBDIVISION
UNDER THE APPLICABLE SECTIONS 34 AND 51 OF THE PLANNING ACT
ECT
N
0
Northwest Corner_of Tilt Drive and Stauffer Drive
The applicant is proposing to rezone and modify the draft approved Plan of Subdivision to implement a shift of the plan in
an easterly direction. The shift is required to implement a permit under the Endangered Species Act legislation. The
street pattern has been slightly altered to facilitate this shift, but the layout of the plan is essentially the same as approved.
The only new zoning category proposed is Residential Six (R-6) to permit Townhomes.
The public meeting will be held by the City's Planning and Strategic Initiatives Committee, a Committee of Council
which deals with planning matters on:
MONDAY, SEPTEMBER 24T", 2012 at 7:00 P.M.
COUNCIL CHAMBERS, 2"d 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 that files a notice of appeal of a decision, does
not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this
proposal, 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 at www.kitchener.ca on the Wednesday evening prior to the meeting -click on the
meeting date in the Calendar of Events), or in person at the Community Services Department -Planning Division, 6'" Floor,
City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday}.
Juliane von Westerholt, Senior Planner, 519-741-2776 ((TTY: 1-866-969-9994), juliane.vonwesterholt(a~kitchener.ca
2 - 25
Report No. CSD-12- ~2~
Juliane vonWesterholt Appendix "'~ `=-
From: Brandon Sloan
Sent: Tuesday, April 24, 201211:57 AM
To: Juliane vonWesterholt
Subject: RE: Circulation for Comment -Zane Change (northwest corner of Tilt Drive and Stauffer
Drive)
Seems "minor" to me...
Brandon
Juliane vonWesterholt
From: Michelle Drake
Sent: Tuesday, April 24, 2012 S:Ol PM
To: Juliane vonWesterholt
Subject: FW: Circulation for Comment -Zone Change (northwest corner of Tilt Drive and Stauffer
Drive)
No Heritage Planning concerns.
Michelle
Fro~nn. Christine Kompter_
Sent: Tuesday, April 24, 2012 11:22 AM
To: Jeff Willmer; Alain Pinard; Alexandra Pires; Andrew Pinnell; Barbara Steiner; Brandon Sloan; Brian Bateman; Carrie
Musselman; Della Ross; Garett Stevenson; Heather Holbrook; Juliane vonWesterholt; Katie Anderl; .Lenore Ross; Leon
Bensason; Lisa Thompson; Mat Vaughan; Michael Palmer; Michelle Drake; Natalie Goss; Sandro Bassanese; Sarah
Longstaff; Sheryl Rice; Tina MaloneWright; Wendy Chen
Subject: Circulation for Comment -Zone Change (northwest corner of Tilt Drive and Stauffer Drive)
Please see link - S:\General\DEVELOPMENT REVIEW\Zone Change - 03-07-004\Circulation -Zone Change
implication\Tilt-Stauffer (ZC12-08-S-JVW).pdf. Comments or questions should be directed to Juliane von Westerholt
(Luliane.vonwesterholt@kitchener.ca, 519-741-2776).
C'~tt.~•e k~
Administrative Assistant
City of Kitchener -Planning Division
200 King Street West, 6th Floor
P.O. Box 1118
Kitchener ON N2G 4G7
Phone: 519.741.2425
Fax: 519.741.2624
TTY: 1.866.969.9994
"UNLESS sameane like you cares a whole awful iat, nothing is going to get better. It`s not." Dr. 5euss
The Larax
2 - 26
Repart Na. CSC-12- lZ~o
Appendix `° ~", 2,
From: Smyth, Ian (MTO) [mailto~Ian.C.SmythC~ontario.cal
Sent: Tuesday, April 24, 2012 3:16 PM
To: Christine Kompter
Subject: RE: Circulation for Comment -Zone Change (northwest corner of Tilt Drive and Stauffer Drive)
Christine,
This site is not within the MTO permit control area. We have no comments.
fan Smyth
Corridor Management Planner
Juliane vonWesterholt
From: Barbara Steiner
Sent• Tuesday, April 24, 2012 6:32 PM
To- Juliane vonWesterholt
Subject: RE: Circulation for Comment -Zone Change (northwest corner of Tilt Drive and Stauffer
Drive)
I have no objection to the zone change noted above as it implements a condition of the permit issued by the province to
protect species at risk under the Ontario Endangered Species Act.
r3arbpra Ste6.^.er, Sen6or Fnvf!m~,~nent~l Planner
Email: Barbara steinerCa~kitchener.ca
City of Kitchener
Planning Division
City Hall, P.O. Box 1118
200 King Street West
KITCHENER, Ontario
N2G 4G7
Phone: (519)741-2293
Fax: (519) 741-2624
TTY: 1-866-969-9994
2 - 27
Report No. CSD-12- 126
Juliane vonWesterholt Appendix " j~` ~ ~
From: Shilling Yip <SYipC~regionofwaterloo.ca>
Sent: Wednesday, August 15, 2012 11:38 AM
To: Juliane vonWesterholt
Cc: John Holowackyj
Subject: Proposed Modifications to Plan 30T-04204 Doon Creek (April 2012)
Importance:
Nigh
Hi Juliane,
Sorry to the delay in responding to this latest recirculation. Staff has reviewed the latest modifications to shift
development limits of Stages 2 and 4 easterly, further away from the significant habitat in the Caryndale woodlot. The
modifications are required to address the MNR permit issued under the Endangered Species Act as the property is
adjacent to an area known as significant habitat for a threatened species listed under the Act.
Although staff has no concerns with the modification proposed, Water Services did note that previous comments for this
subdivision still apply. Following the water distribution analysis provided in July 2010, staff requires further review and
recommendations to address the low pressures in Stage 2. Staff believes this requirement has been sufficiently
addressed in Region DA Condition 3.6.
Shilling
Juliane vonWesterholt
From: Trevor Jacobs
Sent:. Friday, April 27, 2012 11:40 AM_
To• Juliane vonWesterholt
C~; Binu Korah
Subject: RE: Circulation for Comment -Zone Change (northwest corner of Tilt Drive and Stauffer
Drive)
Ni Juliane,
Engineering has no concerns with the zone change.
I spoke to MTE today about the 'information to be reviewed for the mod, and they will be submitting soon.
Regards,
Trevor Jacobs, C.E.T.
Engineering Technologist
Development Engineering
City of Kitchener
E. trevor.iacobsC~kitchener.ca
PS19-741-340Q ext. 3161
F.519-741-2747
TTY 1-$66-969-9994
2 ~ ~~