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HomeMy WebLinkAboutCSD-12-141 - Subdivision Zone Change - Huron RoadREPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: November 26,2012 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: October 29, 2012 REPORT NO.: CSD-12-141 SUBJECT:MODIFICATION TO DRAFT PLAN OF SUBDIVISION 30T-98201 ZONE CHANGE APPLICATION ZC12/14/H/JVW PRIMELAND DEVELOPMENTS HURON ROAD  ï ó ï RECOMMENDATION: A. That Zone Change Application ZC12/14/H/JVW (Primeland Developments, Huron Road) requesting a change in zoning from Residential Three Zone (R-3) to Residential Four Zone (R-4), from Residential Four Zone (R-4) with Special Regulation Provision 341R to Residential Six (R-6) Zone with Special Regulation Provision 410 R, from Residential Four Zone (R-4) with Special Regulation Provision 341R to Residential Four Zone (R-4) with Special Regulation Provision 636R, from Residential Three Zone (R-3) to Residential Six (R-6) Zone, from Residential Four Zone (R-4) with Special Regulation Provision 341R to Residential Six (R-6)Zone, from Residential Six (R-6) Zone with Special Regulation Provision 345R and 410 R to Residential Six (R-6) Zone, from Open Space (P-2) to Residential Six (R-6) Zone, from Neighbourhood Institutional Zone (I-1) with Special Use Provision 288U to Residential Four Zone (R-4), from Neighbourhood Institutional Zone (I-1) with Special Use Provision 288U to Public Park (P-1) Zone, from Public Park (P-1) Zone to Neighbourhood Institutional Zone (I-1) with Special Use Provision 288U, from Residential Three Zone (R-3) to Public Park (P-1) Zone, from Hazard Land Zone (P3) to Public Park (P-1) Zone th be approved-November 26, 2012, attached to Report CSD-12-141as AppendixB;ANDFURTHER B. That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and Delegation By-law 2002-64, hereby modifies the conditions of draft approval for Plan of Subdivision Application 30T-98201, in the City of Kitchener, for Primeland Developments, so that the conditions of draft approval read as follows (asterisk indicates revised and/or new conditions and bolding denotes modified wording): That this approval applies to Plan of Subdivision 30T-98201 for Primeland * 1. Developments (2003) Limited as shown on the attached Plan of Subdivision September 18, 2012 prepared by the City of Kitchener, dated , which shows the following: Stage One-Registered Plan 58M-346 Lots 1 -55, 57 -79 81-90, 92-109 residential (singles) Blocks 56, 80 & 91 townhouses Block 110 park Blocks 111 & 112 park/trail Blocks 113 & 114 open space Block 115 open space/storm water management Blocks 116-1180.3 metre reserve  ï ó î Stage Two-Registered Plan 58M-347 Lots 1-8, 10-43, 45-50residential (singles) Blocks 9 & 44 townhouses Block 51 storm water management Blocks 52 -57 0.3 metre reserve Stage Three-Registered Plan 58M-348 Lots 1-32, 34-58 residential (singles) Blocks 33 & 59 townhouses Blocks 60 & 61 park/trail Block 62 walkway/emergency access Block 63 service corridor *Stage 4 Lots 1-130 residential (130 single/ semi/ townhouse units) Block 131 open space/stormwater management Block 132 walkway Block 133 temporary road/emergency access/future development Blocks 134-137 0.3 metre reserves * Stage 5A Lots 1-29 residential (29 single detached units) * Stage5B Lots 1-24 residential (24 single detached units) Block 25 open space Block 26 storm water management Block 27 future development Blocks 28&29 0.3 metre reserves * Stage 6A Block 1 multiple residential (maximum 94 units) Block 2 park Block 3 open space Block 4 0.3 m reserve * Stage 6B Block 1 residential (78 single/ semi/ townhouse units) Block 2 elementary school Block 3 park  ï ó í 2. CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following conditions be contained therein: The Subdivider covenants and agrees: *51 . That the final plans for registration purposes shall be prepared in accordance September 18, 2012 with the attached Plan of Subdivision providing that a plan showing lotting within any residential block shall be permitted as set out in Director Section 52 below, and/or minor changes to said plan, acceptable to the of Planning and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52.a) Major changes to the plan or changes affecting the numbering of lots or blocks shall require Ministerial approval and an Amendment to this agreement; b) Changes to the plan solely for the purpose of showing the final lotting pattern of lotless blocks shall require a Supplementary Agreement prior to the registration of the plan however, no further Ministerial approval shall be required. * 53.Director of To prepare a Lot Grading Control Plan EngineeringServicesDirector of Operations in consultation with the , Ontario Hydro and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of any stage of the Plan. * 54. To prepare a Lot Grading Control Plans for open space and trail blocks, Blocks 111, 112, 113, 114 and 115 (Stage 1); Block 51 (Stage 2); Blocks 60 and 61 Block 131(Stage 4), Block 25(Stage 5B) and Block 2 (Stage 6A) (Stage 3); and Block 3 (Stage 6B) shall include a 4.0 metre wide area for future trail link to the satisfaction of the Director of Operations in consultation purposes with the GRCA. 55 *. To prepare a detailed engineering design for stormwater management in Director of Engineering ServicesDirector of in consultation with the Operations and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to the registration of any stage of the plan. The detailed stormwater management design shall be in keeping with all applicable stormwater management requirements and particularly, the Stormwater Management Concept as outlined in the Huron Road Environmental Implementation Report, North Draft Plan, Volume I and II, May 1999 prepared by Stantec Consulting Ltd. Said design shall also include an erosion and siltation  ï ó ì control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. * 56. In consideration of the wooded character of portions of the subdivision lands and retaining, the Subdivider shall comply with the following process in the Management Policy: a) prior to the City releasing each stage of the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for Director of Planning the approval of the ; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented and inspected by the City, and the Subdivider has received a written Services authorization from the to proceed with said grading; c) to implement and be responsible for providing all information contained in the approved detailed vegetation plan, tree preservation/enhancement plan (if applicable) to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; d) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of the Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than approved on the detailed vegetation plan and/or on which the revised grading will have an adverse effect on the detailed vegetation plan; e) In the event of construction causing minor tree damage, remedial measures such as trimming, dressing or bark doctoring shall be Environmental Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the International Society of Arboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a  ï ó ë location within the subdivision requiring enhancement. Furthermore, such Manger of Design and Development shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. *57. The Subdivider shall have landscaped plans of the stormwater mangement facilities prepared by an environmenta Director of Operations prior to the registration of each stage of the Plan. The SUBDIVIDER shall install all landscaping of areas above the 5 year storm level in accordance with the approved plan, during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such Director of Operations . The SUBDIVIDER shall maintain the planting for a period of one year from the completion of final planting. *58. The SUBDIVIDER agrees to erect one or more information signs at the main Director of Engineering Services accepting the stormwater management pond. The information sign shall detail the purpose of the pond and include the telephone number of the contact Director of Operations. *59.Development, To obtain from the Grand River Conservation Authority, a Interference with Wetlands and Alterations to Shorelines and Watercourses Permit for the Huron Road culvert upgrade, creek crossings on the South Branch of Strasburg Creek by the internal roads, construction of the online facility and for the servicing crossing of Strasburg Creek. Such permit shall be obtained prior to on-site grading, the installation of services and prior to registration of the relevant stage(s) of the Subdivision Plan. *60. That the cost of constructing a hard surface on the community trails on Blocks 111, 112, 113, 114 and 115 (Stage 1); Block 51 (Stage 2); Blocks 60 and 61 Block 131 (Stage 4), Block 25 (Stage 5 B), and Block 2 (Stage 6A) (Stage 3); and Block 3 (Stage 6B) -law 99-106, as amended, and as such, 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 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  ï ó ê shall be granted for that portion of the applicable Development Charge with respect to the community services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a 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 -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 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. 61. That, within each stage, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings and a supplementary agreement shall be registered for each stage prior to the registration of such stage. This condition shall not apply in the event that any stage of the plan is to be registered prior to approval of servicing plans. *62 . That prior to the installation of services for the development of lotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of Director of Planning Director of Engineering Services *63. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: i) The Subdivider shall submit a draft reference plan for each lot or block, Director of PlanningDirector of Engineering Services Engineer; ii) The Subdivider shall pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By- iii) The draft reference plan approved above shall be deposited in accordance Director of Planning;  ï ó é iv) The Subdivider shall receive final approval of a Part Lot Control Exemption By-law; v) No building permits shall be issued until steps i), ii), iii) and iv) above are completed and the layout shown on the registered reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; vi) Any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) Notwithstanding v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any Building Permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval Director of PlanningDirector of Engineering Services and b) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference Director of Planning. plan as set out above, from the *64. That prior to the issuance of any building permits within each stage of the plan, the Subdivider shall install temporary street name signs in the subdivision at the Director of Transportation Services. Such signs shall indicate that such roads are not City. Director of Transportation Services , the Subdivider shall arrange for the erection of permanent traffic control signs and devices in the subdivision, at the cost of the Subdivider and to Director of Transportation Services . Upon the installation of the permanent signs, the temporary signs are to be removed by the Subdivider.  ï ó è 65. That prior to the issuance of any building permits within the plan, the Subdivider acknowledges that new, realigned Huron Road shall be constructed and open to public vehicular traffic from its present terminus at Trillium Drive, to Strasburg Road. 66. Except as otherwise set out in Section 67 below, the Subdivider shall install sidewalks on both sides of all streets within the plan. *67. Director of Engineering Services , to upgrade Huron Road across the entire section abutting the subdivision prior to the issuance of any building permits within the plan. Such upgrades shall include, but not be limited to, a sidewalk of modified construction materials and design on the south side of Huron Road, to be completed together with the construction of each of Stages 1 and 3, and left turning lanes on Huron prepared by Stantec Consulting Ltd and dated November, 1999, to be completed prior to the issuance of any building permits in Stage 1, all to the satisfaction of Director of Engineering Services . *68 That the extension of the Strasburg Creek Trunk Sanitary Sewer from its present will be terminus to Huron Road is required for the development of this plan and undertaken in accordance with the recommendations of the Final Environmental Assessment Report (2008). It is acknowledged that these 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 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 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 a 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.  ï ó ç When no outstanding credit balance remains, then the Development Charges will -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 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. *69 . That the subdivision shall be registered in six stages. The Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following special conditions: a) Stage 1 shall be registered first. b) Stage 2 shall be registered concurrently with or subsequent to Stage 1; c) Stage 3 shall be registered concurrently with or subsequent to Stage 2; d) Stage 4 shall be registered concurrently with or subsequent to Stages 2 or3; e) Stages 5a and 5b shall be registered concurrently with or subsequent to Stage 4; f) Stage 6a and 6b shall be registered concurrently with or subsequent to Stage 4. 70. To dedicate, by plan registration, to the City of Kitchener, at no cost and free of encumbrances, all road widenings and public walkways upon registration of each stage of the plan of subdivision. *71. That construction traffic be restricted to using Huron Road between Fischer- Hallman Road and Strasburg Road and new, realigned Huron Road from Strasburg Road to Homer Watson Boulevard and prohibited from using all 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 Director of Engineering Services . *72Deleted . . *73Deleted . . 74. The Subdivider agrees that no sewer or water service shall be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9  ï ó ïð metres of a proposed electrical service stub and that no fire hydrant be installed within 3.0 metres of a proposed street light or hydro pole. The Subdivider shall be responsible for ensuring that these separation distances are maintained. *75Deleted . . *76. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrances, concurrently with the registration of each stage of the subdivision plan: Stage One: (a) Block 110, for park, (b) Blocks 111 and 112 for park/community trail, (c) Block 113 and 114 for open space, (d) Block 115 for open space/storm water management, (c) Blocks 116, 117 and 118 for 0.3 metre reserves. Stage Two: (a) Block 51 for storm water management, (b) Blocks 58 to 62 for 0.3 metre reserves Stage Three: (a) Blocks 60 and 61 for park/trail, (b) Block 63 for service corridor. Stage Four: (a) Block 131 for open space/storm water management, (b) Blocks 134-137 for 0.3 metre reserves (c) Block 132 for public walkway. Stage Five B: (a) Block 25 for open space (b) Block 26 for storm water management (c) Blocks 28 & 29 for 0.3 m reserves Stage Six A: (a) Block2 for park, (b) Block 3 for open space (c) Block 4 for 0.3 metre reserve Stage Six B: (a) Block 3 for park *77 . That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plan(s) for registration. The City shall be responsible for the passing of a by-  ï ó ïï completion of the road works and the opening of roads to vehicular traffic, to the Director of Engineering Services . Reserves are not required between abutting stages registered concurrently. *78. That the 5% parkland dedication shall be satisfied by both the conveyance of Block 110 of Stage 1 (0.351 hectares) concurrently with the registration of Stage Block 2 in Stage 6A and Block 3 in Stage 6B(1.931 hectares) 1, as well as concurrently with the registration of Stage 6, all at no cost and free of Should the conveyance of these parcels not total the required encumbrance. 5%, the balance shall be paid to the City as Cash-in-lieu of parkland to the satisfaction of the Director of Operations. *79 . To identify concrete transit pads at all planned transit stop locations on the Director of engineering servicing drawings to Engineering Services , in consultation with the Regional Municipality of registration. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. 80.The Subdivider agrees that no building permits shall be applied for on any lot or block in the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. *81. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Blocks 110, 111, 112, 113, 114, and 115 (Stage 1); Block 51 (Stage 2); Block 131 (Stage 4)Block 25 (Stage 5B);Blocks Blocks 60 and 61 (Stage 3); ; 2 and 3 (Stage 6A) and Block 3 (Stage 6B)Director of to the satisfaction of the Operations. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan Director of Operations or at any alternate time approved in writing by the . *82. The Subdivider agrees to install a 1.2 metre high paige wire fence or alternative marking system along those property lines abutting Blocks 110, 113, 114 and115 Blocks 131and 132(Stage 4Block 25 (Stage (Stage 1); Block 51 (Stage 2); ); 5B)Block 2 (Stage 6A)and Block 3 (Stage 6B) ; to the satisfaction of the Director of Operations .  ï ó ïî *83. Prior to the registration of any stage, the Subdivider agrees to submit landscaping/design drawings for the open space/trail areas on Blocks 111 and 112 and part of 115 (Stage 1) and 60 and 61 (Stage 3) and to obtain approval Director of OperationsDirector from the of Planning and Director of Engineering Services of such design. The design shall show the following: Ü landscaping equivalent to a 4.6 metre wide landscaped strip to buffer abutting residential lots from Huron Road, together with a 1.8 metre high chain link fence, the incorporation of natural heritage feature such as stumps relocated from within the plan, and suitable trail connections to the sidewalk. Û the detailed location of the historic foundation identified in the archaeological assessment prepared by Archeaologix Inc. and design the trail and landscaping so as not to interfere with the found locations. Ú appropriate locations for interpretive/historic signage marking the history of the Huron Road and of the original settlement. The approved plan shall be implemented at the cost of the developer at the same time as the construction of the sidewalk on the south side of Huron Road, as set out in Section 67. *84Deleted. . *85Block 2 (Stage 6B) . That be reserved for the Public School Board. The Subdivider Director of Planning agrees to provide to the prior to the registration of Stage 6B , a letter from the Board indicating that satisfactory arrangements have Block 2 (Stage 6B) been made to acquire for school purposes. *86.Director of The Subdivider agrees to submit a plan for the approval of the Engineering , a plan showing the pairing of driveways for those lots having widths Director of Engineering of 10.9 metres or less, or as otherwise approved by the or as part of the review of servicing prior to the registration of each stage drawings. *87.Block 133 (Stage 4) The Subdivider agrees to construct a temporary road over Block 1 (Stage 6A)Director of Engineering and Services s Subdivision manual, at the cost of the Subdivider. The Subdivider hereby grants irrevocable licenses to the City for the lands on which the temporary access roads will be located, which the City will release when the roads are no longer required. The temporary access roads shall remain in place until a second means of access is  ï ó ïí Director of Engineering Services , after Director of Engineering Services . 88. That the names of the streets within the plan shall be those shown on the Plan of Subdivision. *89Director . of PlanningDirector of Engineering Services. and Any necessary facilities such as temporary roads and temporary turning circles shall be shown on all Director of Engineering Services. 90. That the Subdivider enter into an agreement with the City of Kitchener for Lots 1, 2, 92 to 109 and Block 91 Stage 1 (lots within 27m of Huron Road), and Lots 10 to 17 inclusive, Stage 3 (lots backing onto Huron Road) that the following clause be included in the offers of purchase or rental agreements: ximity to Huron Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air *91 . That the Subdivider enter into an agreement with the City of Kitchener for Lots 1 to 29 inclusive Stage 5A 22 to 32 inclusive, Stage 1, and (lots within 24m of Strasburg Road) (lots backing onto Strasburg Road), that the following clause be included in the offers to purchase or rental agreements: this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation 92. That the owner enter into an agreement with the City of Kitchener that all residential units noted in Conditions 90 and 91 will be constructed with a forced air-ducted heating system suitably size and designed to permit the future installation of a central air conditioning system by the occupants. 93. That the owner agrees that Conditions 90 and 91 will not be released from the agreement. That Condition 92 will be released upon receipt of confirmation from a Professional Engineer, that all units noted in Conditions 90 and 91 have been developed with the provision for air conditioning.  ï ó ïì 94. dition 41 setting out the subdivision sign content be modified to require that all potential transit routes be shown on the sign. 95. The Subdivider agrees to provide an easement(s) to the CITY, for the purpose of providing servicing to adjacent lands, if necessary, to the satisfaction of the the Subdivider. The appropriate easement shall be granted to the CITY, the appropriate stage within the plan of subdivision, the CITY agrees to quit claim the easement when appropriate. *96Zone Change ZC12/14/H/JVW .That shall receive final approval prior to registration of any stage of the plan. 97. The Subdivider agrees that Stages 4, 5 and 6 shall not be registered until the Environmental Assessment for the South Strasburg Trunk Sanitary Sewer has been completed, and the location of any required easements and/or blocks for service corridors have been determined and, if necessary, the subdivision plan has been modified to show such corridors. 98. The Subdivider agrees that a one foot reserve be placed along the frontage of Lots 26, 27 and 28 on Newcastle Drive (Stage 1) and that no building permits be issued for these lots until a suitable grading plan for the said lots to the satisfaction of the Director of Engineering and the one foot reserves have been lifted. 3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. 2. That the plan submitted for final approval may incorporate a lot pattern for all blocks in which zoning permits single detached and semi-detached lots, at a density not exceeding the density identified in the draft approval conditions. 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 occurs 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  ï ó ïë the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the 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 lots 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 fulfilment 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 the Subdivision agreement be registered by the City against the land to which it applies and a copy of the registered agreement forwarded to the Regional Commissioner of Planning, Housing and Community Services. *5. That prior to final approval, the Subdivider provides the following to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services: a) that static hydraulic pressures are sufficient to service this development and provide necessary flows under all conditions; and b) that the water servicing strateg updated to reflect current servicing studies and development applications in the area. 6. That prior to any grading or construction, and final approval of all or any part of the draft plan of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. 7. To construct a temporary transit turnaround at the end of Tartan Avenue to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services.  ï ó ïê *8. That prior to final approval, the Subdivider provides the following to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services: a)provide the necessary financial resources for the future installation of four (4) concrete transit pads; and b) grant the necessary easements to the Regional Municipality of Waterloo required for transit stops identified in (a) above. *9. That prior to final approval, the Subdivider completes a road traffic noise study for the Strasburg Road extension noise source, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. Efforts should be made at developing the site without use of noise walls. Furthermore, the Subdivider agrees to enter into an agreement with the City of Kitchener to implement the recommendations of such study . *10. That prior to final approval, the Subdivider enters into an agreement with the City of Kitchener and/or the Regional Municipality of Waterloo to prohibit tree removal and construction activity in proximity to the woodlands during the migratory bird breeding period (May 1 July 31) consistent with the Migratory Birds Convention Act. *11. That prior to final approval, the Subdivider enters into an agreement with the City of Kitchener and/or the Regional Municipality of Waterloo to implement recommendations of the following approved reports for the Huron Woods Subdivision: Huron Woods Stages 4, 5, & 6 EIS Addendum SWM Basins C & D (Stantec Consulting Ltd., March, 2012) Huron Woods Subdivision Detailed Vegetation Plan (Stantec Consulting Ltd., March, 2012) Huron Woods Stages 4, 5, & 6 Final Stormwater Management Report: (Stantec Consulting Ltd., March, 2012 Basins C & D City of Kitchener ) 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and 1. prior to registration of any stage of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and Plan in accordance with the 1994 Ministry of the Environment and Energy Report entitled  ï ó ïé keeping with the Stormwater Management Concept as outlined in the Huron Road Environmental Implementation Report, North Draft Plan, Volume I and II dated May, 1999 prepared by Stantec Consulting Ltd. b) A Lot Grading Plan showing conceptual grading and drainage system including the limits of all grading and drainage as well as existing and proposed grades. c) An Erosion and Siltation Control Brief and Plan(s) in accordance with the control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d)To obtain from the Grand River Conservation Authority, a * Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit from the GRCA pursuant to Ontario Regulation 150/06 prior to any development, including but not limited to area grading, trail construction, installation of services and storm water management facilities, and watercourse crossings within the area regulated by the GRCA. 5. CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services Conditions 3.1 to 3.11have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the 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 Director of Planning, the Director shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.8 and 2.2.10have 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 Director of Planning, the Director shall be advised by Grand River Conservation Authority that Condition 4.1has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied.  ï ó ïè *5. That prior to the signing of the final plan the Director shall be advised by the Waterloo Region District School Board indicating that condition 84 has been carried out and that satisfactory arrangements have been made to acquire Block 2 (Stage 6B) for school purposes. 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. 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.  ï ó ïç 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 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 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  ï ó îð 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 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: Plan of Subdivision 30T-98201 received draft approval on November 3, 2000. The subject property is located south of Huron Road and west of the future extension of Strasburg Road. The lands are owned by Primeland Developments.The subject lands are located within the Huron South Community and the proposed zone change and subdivision modification will delineate lots that were previously approved as lotless blocks, will ensure the protection of a Core Environmental Feature, relocate and increase park land and establish the location of a school site within the plan,facilitate the extension of infrastructure servicing in this area of the City such as the South Strasburg Sanitary Trunk Sewer in accordance with the Environmental Assessment  ï ó îï completed and approved in November of 2008, and remove Tartan Crescent and replace it with Tartan Street.The redesign will involve fewer municipal roads and will allow for slightly increased density. The plan is already draft approved and is essentially the same layout as approved. Specific changes to stages of the Plan are outlined below: Stage 4 Modified to show lots instead of lot less blocks; The removal of Open Space Block 15 and the adjacent Road stub from Stage 4; The majority of Block 16 (Open Space/SWM) has been removed from Stage 4; and was added to Stage 6A (Block 3). Stage 5 Modified to show lots instead of lot less blocks; intent to register in this order; Stage 5a will register concurrently with Stage 4; Stage 5B will be registered in the future and will likely be tied to servicing considerations; Lot 1 was removed from Stage 5 and was added to Stage 4 (Lot 130) in order to facilitate the construction of a model home; Block 15 from Stage 4 added to (Blocks 25 and 29 respectively) in Stage 5B; This is the location of the future sanitary trunk sewer which has been added to a later stage of the development. Stage 6 Stage 6 has also been split into Stage 6A and 6B; In Stage 6A approximately 67 singles/ semis were removed from Tartan Crescent to minimize impact to Open Space area in Block 131 Stage 6A; In turn one new Block was created that would permit a townhouse condominium development with a maximum of 96 units; Additional parkland adjacent to the significant woodlot was provided in Block 2 in Stage 6A to further protect woodlot from encroachment and provides a park in this stage; The street pattern has been slightly altered to facilitate the creation on the blocks in Stage 6A (removal of Tartan Crescent); The school site Stage 6B was relocated to west of the original location to make it a more viable site; Block 3 Stage 6B was added to parkland for the subdivision.  ï ó îî The applicant has applied for a zone change to implement the redesign of the subdivision in order to protect the woodlot which is a Core Environmental Feature by adding parkland adjacent to the woodlot, and removing the need for Tartan Crescent as shown on the attached map. All of the bolded sections represent a change in the conditions that resulted from the re- design, comments received from the agencies or to reflect current titles or departments within the actual conditions of draft approval. Provincial and Regional Policy Conformity Provincial Policy Statement (PPS) practicing efficient land use and development p The PPS also directs municipalities to provide a variety of housing options and to protect natural heritage features such as the Core Environmental Feature (woodlot) located on the westerly boundary of the site. 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 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 The Official Plan designates the property as Low Rise Residential and Open Space. The Huron South Community Plan further refines the Official Plan designations by designating the portion of the subject property as Low Density Residential, Institutional and Open Space. The dwelling types proposed are permitted and comply with the land use designations specified for the property in the Community Plan and the Official Plan. Kitchener Growth Management Plan (KGMP) B 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 to permit lot widths of 10 metres in Stage 4, to allow the townhouse units proposed in Stage 6A and to recognize the new location for the school and park sites in Stage 6A and 6B in the form shown on Map 1 of Appendix B of this report.  ï ó îí Removal of a road as part of redesign As a result of the subdivision redesign, Tartan Crescent was removed from stage 6 A and was replaced by townhouse Block 1. This new design will result in fewer properties adjacent to the Open Space lands associated with the woodlot in Block 3 Stage 6A thereby reducing intrusion and impact on the woodlot. 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. Protection of the significant woodlot is also consistent with the direction in the Strategic Plan for the Environment. 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. COMMUNITY ENGAGEMENT: The subject applications were circulatedby mail within a 120 metre radius as required by Council policy.No responses were received. Notice was given in the Record on Friday November the 2nd, 2012. CONCLUSION: This Plan of subdivision is already draft approved. This modification is necessary to ensure the protection of the woodlot, change the unit types being constructed from singles to townhouses for Block 1 in Stage 6A, to relocate the school site to stage 6B and to increase the parkland in Stage 6A adjacent to the woodlot. Staff has taken the necessary steps to ensure the 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.  ï ó îì REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED Michael May, Deputy CAO BY: Community Services Department Appendices A Proposed Draft Plan B Proposed Zoning By-law & Map 1 C Newspaper Notice D Agency Comments  ï ó îë ï ó îê B PROPOSED BYLAW November 26,2012 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 Primeland Developments (2003) Limited,Stages 4,5,6of Draft Approved Plan 30T- 98201 Huron Road west of Strasburg 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 No.154 o-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Public Park Zone (P-1) to Neighbourhood Institutional Zone (I-1) with Special Use Provision 288U. 2. Schedule No. 154 -law Number 85-1is 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 Neighbourhood Institutional Zone (I-1) with Special Use Provision 288U to Public Park Zone (P-1). 3. Schedule No.154 -law Number 85-1is 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) to Residential Six Zone (R-6). 4. Schedule Nos. 153 and 154 -law Number 85-1are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) with Special Regulation Provision 341R to Residential Four Zone (R-4) with Special Regulation Provision 636R. ï ó îé B 5. Schedule No. 154 -law Number 85-1is 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 Open Space Zone (P-2) to Residential Six Zone (R-6). 6. Schedule No. 154 -law Number 85-1 is hereby amended by changing 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 Hazard Land Zone (P-3) to Public Park Zone (P-1). 7.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) to Public Park Zone (P-1). 8.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 8 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) with Special Regulation Provision 341R to Residential Six Zone (R-6). 9.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Six Zone (R-6) with Special Regulation Provisions 345R and 410R to Residential Six Zone (R-6). 10. -law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 10 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Institutional Zone (I-1) with Special Use Provision 288U to Residential Four Zone (R-4). 11. Schedule Nos.153 and -law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 11 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) with Special Regulation ï ó îè B Provision 341R to Residential Six Zone (R-6) with Special Regulation Provision 410R. 12. Schedule Nos. 153 and -law Number 85-1are hereby amended by changing thereon the zoning applicable to the parcel of land specified and illustrated as Area 12 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3)to Residential Four Zone (R-4). 13. Schedule Nos. 153 and 154-law Number 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 14. -law 85-1 is hereby amended by adding Section 636 thereto as follows: Notwithstanding Section 38.2 of By-law Number 85-1 for the lands zoned Residential Four Zone (R-4) with Special Regulation Provision 636R and shown as affected by this subsection on Schedule Nos. apply: a) the minimum lot width PASSED at the Council Chambers in the City of Kitchener this day of ,2012 _____________________________ Mayor _____________________________ Clerk ï ó îç ï ó íð 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 South of Huron Road and West of Strasburg Road The applicant is proposing to rezone and modify a Draft Plan of Subdivision which was draft approved in 2003. The plan has been modified.The street pattern has been slightly altered to minimize the number of lots backing onto the open space and woodlot features, but the layout of the plan is essentially the same as originally approved. As lot lines were being shifted and unit types were being changed, the zoning has been adjusted accordingly. The unit types have been changed to provide a greater mix of single detached, semi-detached and townhouse units. (INSERT MAP) The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, NOVEMBER 26, 2012 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted 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 th 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. - 5:00p.m. (Monday to Friday). Juliane von Westerholt, Senior Planner, 519-741-2776 (TTY: 1-866-969-9994), juliane.vonwesterholt@kitchener.ca ï ó íï ï ó íî ï ó íí ï ó íì ï ó íë ï ó íê ï ó íé ï ó íè ï ó íç