The URL can be used to link to this page

Home My WebLink AboutCSD-13-002 - Subdivision and Zone Change - 1290 Old Zeller DrivREPORT TO:Planning & Strategic Initiatives Committee DATE OF MEETING: January 28, 2013 SUBMITTED BY:Alain Pinard, Director of Planning PREPARED BY: Andrew Pinnell, Senior Planner 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: January 7, 2012 REPORT NO.: CSD-13-002 SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-02203 ZONE CHANGE APPLICATION ZC02/17/Z/TMW ADDRESS: 1290 OLD ZELLER DRIVE OWNER: VALLEY VIEW HEIGHTS (ST. JACOB’S) LTD. EXECUTIVE SUMMARY: Valley View Heights (St. Jacob’s) Ltd is seeking approval of a draft Plan of Subdivision and a Zone Change to allow the subject lands to be developed with a low rise residential subdivision consisting of 55 single detached dwellings. The subject plan also includes trails, open space, walkways, and a future development block with frontage on Old Zeller Drive. Stillwater Street is proposed to be extended from its current terminus to River Ridge Street. Staff is in support of the proposed plan of subdivision and zoning, subject to the conditions outlined in this report. î ó ï RECOMMENDATIONS: A. That Zone Change Application ZC02/17/Z/TMW for Valley View Heights (St. Jacob’s) Ltd. for the purpose of changing the zoning from Agricultural Zone (A-1) and Open Space Zone (P-2) and Residential Four Zone (R-4) with site-specific provisions to Residential Four Zone (R-4), Residential Four Zone (R-4) with site- specific provisions, Residential Three Zone (R-3) with Special Regulation Provision 326R, Open Space Zone (P-2), and Hazard Land Zone (P-3), be approved in the form shown in the “Proposed By-law” dated December 17, 2012 attached to Report CDS-13-002 as Appendix “B”; AND 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-02203 in the City of Kitchener, for Valley View Heights (St. Jacob’s) Ltd. (Appendix “A”), subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T-02203 for Valley View Heights (St. Jacob’s) Ltd. as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated December 17, 2012, which shows the following: Lots 1-55 Single Detached Residential 55 units Blocks 56, 57, 62, 63 Future Lot Additions (Single Detached Residential) Blocks 58 Public Walkway Block 59 Public Walkway / 6m Servicing Block Block 60, 61 Open Space / Trail Block 64 Future Development Total Units: 55 2. CITY OF KITCHENER CONDITIONS: 2.1 That the SUBDIVIDER shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision dated December 17, 2012 which shall contain the following special conditions: Part 2 – Prior to Grading 2.3 The SUBDIVIDER shall, at the time of area grading, fill compact and grade in both a preliminary and finished form, topsoil and seed/sod those blocks shown on the plan as park, trail or walkway, to the satisfaction of the CITY’S Director of Operations. Grading Plans and implementation within such blocks may include making a grading allowance for a maximum six metre wide flat area for future trail link purposes. 2.11 Prior to commencing any grading, the SUBDIVIDER shall sign a CITY Standard Residential Subdivision Agreement and the agreement shall be registered against title of the subdivision lands. î ó î 2.12 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit and obtain approval of a landscaping plan for the proposed retaining wall, to the satisfaction of the CITY’s Director of Operations, in consultation with the CITY’s Director of Planning. 2.13 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit construction details for the proposed retaining wall to the satisfaction of the CITY’s Director of Engineering Services. 2.14 The SUBDIVIDER shall provide detailed grading plans outlining proposed elevations for all park lands, trail corridors, and walkway blocks to be conveyed to the City, to the satisfaction of the City’s Director of Engineering Services in consultation with the City’s Director of Operations and those City departments and regulatory agencies determined appropriate by the Director of Engineering. 2.15 Immediately following area grading, the SUBDIVIDER shall provide a soils report, to be prepared by a qualified arborist/ or other qualified professional which details the location and condition of tree root habitat soils and demonstrates that soil conditions meet the CITY’S requirements outlined in the Urban Forest - Tree Planting and Establishment section of the Development Manual, to the satisfaction of the CITY’S Director of Operations. 2.16 The SUBDIVIDER shall provide a Soils Assessment and Specifications report as a component of the Area Grading and Siltation Control Plan, which meets the requirements of the Urban Forest - Tree Planting and Establishment section of the Development Manual, to the satisfaction of the CITY’S Director of Operations. 2.17 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit a final stormwater management plan for the entire plan of subdivision, to the satisfaction of the City’s Director of Engineering Services. The management plan must include a water balance analysis based on the Grand River South, Stormwater Management Report, MTE, February, 2005 (Revised June 23, 2005) and must include recommendations regarding required infiltration measures. Further, the SUBDIVIDER agrees to install all required infiltration measures to the satisfaction of the City’s Director of Engineering Services. Part 3 - Prior to Servicing 3.17 Prior to the servicing or registration, whichever occurs first, the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of the CITY’S Director of Transportation Planning, in consultation with the CITY’S Director of Engineering Services, in accordance with the CITY’S On-Street Parking Policy, as approved and amended. The On- Street Parking Plan shall be considered in accordance with the servicing î ó í drawings and 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, and/or parking along the park frontage, may be considered in accordance with the CITY’s Policy. 3.18 The SUBDIVIDER shall confirm that the servicing drawings: a) Do not conflict with preliminary driveway locations and potential locations for utilities, hydrants, community mail box facilities, or Master Tree Planting Plan, to the satisfaction of the CITY’S Director of Engineering Services in consultation with the CITY’S Director of Transportation Services, CITY’S Director of Operations, Canada Post and Kitchener Utilities. b) No driveways shall be installed within 1.0 metre of a street light pole of hydro pole or where the wheels of a vehicle would pass over any part of a submersible transformer vault. c) No sewer or water service will be installed within 1.5 metres of the centre of proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The SUBDIVIDER shall be responsible for ensuring that these separations are maintained. d) The location of concrete pads for the placement of the Community Mail Boxes shall be approved by Canada Post and shall be shown on the servicing drawings. Said pads are to be poured at the time of curb and/or sidewalk installation within each stage of the plan of subdivision. Should temporary locations be required, the SUBDIVIDER shall work with Canada Post to determine and provide suitable locations until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. 3.19 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall prepare a water analysis to the satisfaction of the City’s Director of Engineering Services. 3.21 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall confirm whether decorative street signage and street lighting will be used to the satisfaction of the CITY’S Director of Transportation Planning, in consultation with Kitchener Wilmot Hydro. Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER’S cost, including the provision of a one-time supply of 10% of the materials for future maintenance replacement, to the satisfaction of the CITY’S Director of Transportation Planning and Kitchener Wilmot Hydro. 3.22 Prior to the servicing or registration, whichever shall occur first, the SUBDIVIDER shall prepare a Draft Master Tree Planting Plan to the satisfaction of the CITY'S Director of Operations, in accordance with the î ó ì Urban Forest - Tree Planting and Establishment section of the Development Manual. 3.23 Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall prepare and receive approval of detailed design drawings including a cost estimate for the trails on Block 59 to Old Zeller Drive and to the existing Water Bean Trail including on lands to be conveyed to the City of Kitchener, to the satisfaction of the CITY’S Director of Operations. These detailed design drawings shall include the required walkway from Block 59 to Old Zeller Drive and from Block 59 to the Walter Bean Trail on lands currently owned by the City of Kitchener. 3.24 Prior to servicing or registration, whichever shall occur first, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of the CITY’S Director of Planning. The Design Guidelines for Priority Lots shall include, but not be limited to, the following considerations: a) For Corner Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along both road frontages for each lot/dwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary or angled door entries; horizontal articulation, brick or masonry-style skirting along both the front and exterior side yard and/or accentuated windows; increased building massing and height; and consideration to fencing and landscaping. b) For Terminating Vista Priority Lots, building elevation and building location drawings shall ensure that the garage face is not the primary terminating view from the oncoming street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, landscaping, etc. 3.25 Prior to servicing, the SUBDIVIDER shall be responsible for the continued maintenance of the downstream sewers and existing stormwater management facilities located on Block 17, 58M-364 and Block 21, 58M- 370, until such time as ninety-five (95%) percent build-out of the subject draft plan of subdivision occurs, to the satisfaction of the City’s Director of Engineering Services. Such maintenance may require the SUBDIVIDER to provide a letter of credit to the City to maintain such facilities, to the satisfaction of the Director of Engineering Services. 3.26 Prior to servicing, the SUBDIVIDER shall be responsible for monitoring of the downstream sewers and existing stormwater management facilities located on Block 17, 58M-364 and Block 21, 58M-370, until such time as ninety-five (95%) percent build-out of the subject draft plan of subdivision occurs, to the satisfaction of the City’s Director of Engineering Services. Such monitoring may require the SUBDIVIDER to provide a letter of credit to the City to maintain such facilities, to the satisfaction of the Director of Engineering Services. î ó ë Part 4 – Prior to the Application for and Issuance of any Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed plan of subdivision to the satisfaction of the CITY’s Director of Engineering Services or the CITY’s Chief Building Official in consultation with CITY’s Director of Utilities. 4.23 a) The OWNER agrees that no building permits shall be applied for or issued until satisfactory arrangements are made with the CITY’S Chief Building Official to install a direct-to-fire alarm monitoring system for each and every dwelling unit. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. b) Occupancy of each dwelling shall not be permitted until the CITY’S Chief Building Official has confirmed that such system is operational. c) Such system shall be maintained and remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY 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. 4.24 The SUBDIVIDER agrees that no building permit shall be applied for or issued for Priority Lots, as identified on the approved Priority Lotting Plan and in the approved Design Guidelines for Priority Lots, until the required building elevation and/or building location drawings have been submitted and approved by the CITY’S Director of Planning and the CITY’s Chief Building Official for the proposed building thereon to ensure that consideration has been given to the design treatment of each lot/dwelling including such items as the provision of porches, porticos, stairs or other projections; horizontal articulation; brick or masonry style skirting and/or accentuated windows; and secondary entries. 4.25 The SUBDIVIDER agrees that no building permits shall be applied for or issued for Blocks 56, 57, 62, and 63, or portions thereof, until said blocks have been consolidated with the appropriate blocks/lots in adjacent registered Plans of Subdivision 58M-371 and 58M-372, respectively, to the satisfaction of the City’s Director of Planning. Part 6 – Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Fairway Road, Old Zeller Drive, Eden Oak Trail and either Stillwater Street or Spring Creek Street and prohibited from using any other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER î ó ê being responsible for any required signage, all to the satisfaction of the CITY’S Director of Engineering Services. 6.11 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities to the satisfaction of Canada Post, in consultation with the CITY’s Director of Engineering Services and the CITY’s Director of Planning. If required, the SUBDIVIDER shall provide temporary suitable centralized mail box locations that may be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for the plan of subdivision. 6.12 The SUBDIVIDER shall include a statement in all Offers of Purchase and Sales Agreements, and/or rental agreements, which advises: a) that the home/business mail delivery will be from a designated Community Mail Box; and b) homeowners of the exact Community Mail Box locations. The SUBDIVIDER further agrees that the location of all Community Mail Box facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). 6.13 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with home buyers, or in Agreements of Purchase and Sale with builders that will require the builders to include a statement in all Agreements of Purchase and Sale, and/or Rental Agreements with home buyers, that: a) identify the presence of the water pressure reduction devices, where applicable, and advises that they not be removed by the owner/occupant. b) advises of the presence of lot level infiltration gallery requirements (as applicable) and the requirement to maintain such facilities including the requirement that homeowners are not permitted to disconnect downspouts. Further, occupants/owners shall be notified in the agreement of the exact location, size and intent of the infiltration galleries. The wording of the statement shall be to the satisfaction of the CITY’s Director of Engineering Services. c) identify the presence of direct-to-fire alarm monitoring systems and built-in residential sprinkler systems (as applicable) and the requirement that these systems must be maintained, and must remain operational in perpetuity as a responsibility of the homeowner. The wording of the statement shall be to the satisfaction of the CITY’s Chief Building Official in consultation with the CITY’s Fire Chief. 6.14 The SUBDIVIDER shall prepare a Street Tree Planting Plan prior to registration to the satisfaction of the CITY’s Director of Operations. Appropriate consideration shall be given to reduce conflicts between î ó é street trees and utilities. The aforementioned Tree Planting Plan will also ensure that Best Management Practices will be met to meet the minimum targets for tree planting. 6.15 The SUBDIVIDER agrees to provide one tree for each residential unit built to the satisfaction of the City’s Director of Operations. If the minimum number of trees cannot be accommodated within the boulevard, alternative locations will be shown on the Street Tree Planting Plan to the satisfaction of the CITY’s Director of Planning, in consultation with the CITY’s Director of Operations. The SUBDIVIDER further agrees to complete the installation of all required tree soil habitat within lots and boulevards within 6 months of st occupancy being granted or in the case of winter conditions, by June 1 of the subsequent year, to the satisfaction of the CITY’S Director of Operations. Within six months of the issuance of the first occupancy permit or in the st case of winter conditions, by June 1 of the subsequent year, the SUBDIVIDER agrees to complete all works regarding soil habitat, root pathways and tree planting all to the satisfaction of the CITY’S Director of Operations. 6.16 The SUBDIVIDER and CITY agree to prepare a Supplementary Agreement identifying the cost responsibility for each Open Space/Trail Block prior to registration. 6.17 Within one year of Registration, the SUBDIVIDER agrees to submit tender drawings and specifications for the complete implementation of the approved Detailed Design Plans for all parks, greenways, buffers, trail corridors, vistas and walkways, such that the tender materials include all aspects for the complete installation and construction of fine grading, topsoil, seed/sod, special landscape treatments if applicable, tree plantings, the approved and complete trail and walkway system, fencing and boundary demarcation as approved, and all required drainage structures to fulfill the Area Grading Plan Requirements and Detailed Design Plans all to the satisfaction of the CITY’S Director of Operations in consultation with the CITY’S Directors of Engineering Services and Planning. All tender materials including working drawings shall be prepared in accordance with the approved Detailed Design Drawings. The SUBDIVIDER shall complete the construction of the parks, walkways, buffer trail corridor, vistas and walkways, identified as Block 58, 59, 60, 61 and City lands between Block 59 and Old Zeller Drive and between Block 59 and the Walter Bean Trail within one year of registration to the satisfaction of the CITY’S Director of Operations in consultation with the CITY’S Directors of Engineering Services and Planning. î ó è Construction costs such as grading, topsoiling, seeding, sodding, landscaping, play areas, paving, seating and signage relating to the park and surface treatment relating to the community trail, shall be initially paid for by the SUBDIVIDER and applicable costs, as identified in the Supplementary Agreement as per clause 6.11 of this agreement, shall be reimbursed to the SUBDIVIDER by the CITY. All commemorative features shall be paid for and maintained by the SUBDIVIDER and shall be located on private lands. If sufficient money is not allocated from the appropriate CITY Development Charge Account(s) to permit the CITY to fund these works or these works are not a Development Charge eligible expense and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide and up-front the costs of these works. The costs shall be confirmed by the SUBDIVIDER and shall be agreed upon between the CITY and SUBDIVIDER prior to commencing any work. Should these works become a Development Charge eligible expense the CITY agrees to recognize any monies paid out by the SUBDIVIDER for any works or services normally paid out of the CITY’S Development Charge account and such monies to be refunded or to be recognized as a credit towards any CITY Development Charge payable for each lot or block only within the registered plan in accordance with the applicable CITY Development Charge By-law and Policies in effect at the time the monies are paid by the SUBDIVIDER for the works, or become a Development Charge eligible expense, whichever shall be later. 6.18 The SUBDIVIDER shall warrant and guarantee all park and trail works against all defects of material and quality of work for a period of 24 months from completion and acceptance thereof by the CITY. 6.19 That the SUBDIVIDER enter into an agreement with the City of Kitchener which shall be registered on the title of Lots 14 through 23 immediately upon registration of the subdivision. Said agreement shall implement the following clause with respect to the retaining wall located on these lots and must be included in all offers of purchase/sale and tenancy agreements: “Purchasers/tenants are advised that a retaining wall is located at the rear of this property. The owner of this property also owns his/her section of the retaining wall. The retaining wall is not in public ownership. Monitoring, maintenance, inspection, repair and replacement of this retaining wall, including any associated costs, are the sole responsibility of the property owner. The City of Kitchener is in no way responsible for this retaining wall. Should this retaining wall fail, it is the property owner’s responsibility to repair or replace his/her section of the wall, at his/her cost. In addition, the zoning for this property prohibits the placement or construction of dwellings, sheds, containers, detached garages, accessory buildings, indoor pools, outdoor pools, and any other building î ó ç or structure and storage and parking of vehicles, trailers, major recreational equipment within the area as shown in Property Detail Schedule No. 36 of the City’s Zoning By-law. The purpose of this requirement is to maintain the integrity of the retaining wall.” 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil the following conditions: 1. The City Standard Residential Subdivision Agreement shall be registered on title. 2.The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director of Planning and to obtain approval of such applications therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 5. 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. 6. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telecommunication services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 7. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to the Kitchener- Wilmot Hydro, telecommunication 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 î ó ïð 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 and the CITY’s Director of Engineering Services, or, in the case of parkland, the CITY'S Director of Operations; and (e) to provide to the CITY'S Director of Planning, a clearance letter from Kitchener-Wilmot Hydro, telecommunication companies (Bell and Rogers). Such letters shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8. The SUBDIVIDER shall convey to the City without cost and free of encumbrance for the purpose of implementing the approved Final Stormwater Management Report, all necessary easements identified in the Final Stormwater Management Report and supplementary information to the satisfaction of the City’s Solicitor in consultation with the City’s Director of Engineering Services. All easements related to infiltration facilities and their appurtenances for stormwater management purposes must be constructed to the satisfaction of the City’s Director of Engineering Services. 9. The SUBDIVIDER shall dedicate all roads and public walkways to the CITY by the registration of the Plan of Subdivision. 10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at the 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 and any driveway visibility triangles, 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 î ó ïï 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 Planning Division. f) In addition to the standard subdivision sign content, the subdivision sign(s) shall include the following information: “Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals.” 11. The SUBDIVIDER agrees to convey to the City, at no cost and free of encumbrance, the following lands for the purposes set out below: a) Blocks 58, 59 for walkways/servicing b) Blocks 60 and 61 for Open Space/Trail 12. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan. 13. Prior to servicing or registration, whichever shall come first, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of the CITY’S Director of Planning. The Design Guidelines for Priority Lots shall include, but not be limited to, the following considerations: a) For Corner Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along both road î ó ïî frontages for each lot/dwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary or angled door entries; horizontal articulation, brick or masonry-style skirting along both the front and exterior side yard and/or accentuated windows; increased building massing and height; and consideration to fencing and landscaping. b) For Terminating Vista Priority Lots, building elevation and building location drawings shall ensure that the garage face is not the primary terminating view from the oncoming street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, landscaping, etc. 14 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of the CITY’S Director of Transportation Planning, in consultation with the CITY’S Director of Engineering Services, in accordance with the CITY’S On-Street Parking Policy, as approved and amended. The on-street parking plan shall be considered in accordance with the servicing drawings and 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, and/or parking along the park frontage, may be considered in accordance with the CITY’s Policy. 15. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit a final stormwater management plan for the entire plan of subdivision, to the satisfaction of the City’s Director of Engineering Services. The management plan must include a water balance analysis based on the Grand River South, Stormwater Management Report, MTE, February, 2005 (Revised June 23, 2005) and must include recommendations regarding required infiltration measures. Further, the SUBDIVIDER agrees to install all required infiltration measures to the satisfaction of the City’s Director of Engineering Services. 16. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit and obtain approval of landscaping plan for the proposed retaining wall, to the satisfaction of the CITY’s Director of Operations and Director of Planning. 17. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit construction details for the proposed retaining wall to the satisfaction of the CITY’s Director of Engineering Services. 18. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall confirm whether decorative street signage and street lighting will be used to the satisfaction of the CITY’S Director of Transportation Planning and Kitchener Wilmot Hydro. Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER’S cost, including the provision of a î ó ïí one-time supply of 10% of the materials for future maintenance replacement, to the satisfaction of the CITY’S Director of Transportation Planning and Kitchener Wilmot Hydro. 19. Prior to Servicing or Registration whichever shall occur first, the SUBDIVIDER shall confirm that the servicing drawings do not conflict with preliminary driveway locations and potential locations for utilities hydrants or community mail box facilities or Master Tree Planting Plan to the satisfaction of the CITY’S Director of Engineering Services in consultation with the CITY’S Director of Transportation Services, CITY’S Director of Operations, Canada Post and Kitchener Utilities. 20. Prior to the servicing or registration, whichever shall occur first, the SUBDIVIDER shall prepare a Draft Master Tree Planting Plan to the satisfaction of the CITY'S Director of Operations, in accordance with the Urban Forest - Tree Planting and Establishment section of the Development Manual. 21. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall prepare and receive approval of detailed design drawings including a cost estimate for the trails on Block 59 to Old Zeller Drive and to the existing Water Bean Trail including on lands to be conveyed to the City of Kitchener, to the satisfaction of the CITY’S Director of Operations and the CITY’S Director of Planning. These detailed design drawings shall include the required walkway from Block 59 to Old Zeller Drive and from Block 59 to the Walter Bean Trail on lands currently owned by the City of Kitchener. 22. The SUBDIVIDER shall prepare a Street Tree Planting Plan prior to registration to the satisfaction of the CITY’s Director of Operations. Appropriate consideration shall be given to reduce conflicts between street trees and utilities. The aforementioned Tree Planting Plan will also ensure that Best Management Practices will be met to meet the minimum targets for tree planting. 23. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Department of Community Services, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 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 î ó ïì 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 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; 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 grants appropriate easement(s) at its expense, to the Regional Municipality of Waterloo over Open Space Block 61 to provide access to the Region’s watermain within easement instrument No. 703770 for long term maintenance and repair of the watermain, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 5. That prior to final approval, the Owner submit for review and approval an update to the Water Distribution Study to assess: the average day and maximum day, minimum hour conditions; and to assess the need for pressure reducing valves; to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 6. Where pressure reducing valves are required in Condition No. 5 above, the Owner must enter into an agreement with the City of Kitchener to provide for such installation; and to include in all offers to purchase and/or rental agreements, a clause identifying the presence of such water pressure reduction device and advising that it may not be removed by the owner/occupant. 7. That prior to final approval, any existing monitoring wells systems shall be decommissioned in accordance with applicable laws and regulations to the satisfaction of the Regional Commissioner of Planning, Housing and Community î ó ïë Services. Any existing private well(s) and septic system(s) shall be decommissioned in accordance with applicable laws and regulations to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 8. That in addition to the standard subdivision sign content; the required subdivision sign(s) shall include the following information: a. A warning clause for all lands within the plan to read as follows: “Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals”. 9. That prior to final approval, the Owner enters into an agreement with the Regional Municipality of Waterloo to erect a permanent sign at each main entrance to this plan of subdivision, advising the public of the proximity of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along the flight path, may cause concern to some individuals. Provision shall be included in the agreement to indicate that the content, size and location of the sign(s) shall be approved by the Regional Commissioner of Planning, Housing and Community Services, in consultation with the City of Kitchener’s Manager of Development Review. 10. That prior to final approval, the owner enters into an agreement with the Regional Municipality of Waterloo, to include the following warning clause on all offers to purchase and/or rental agreements for all residential lots and blocks within this plan: “Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals”. 4. OTHER AGENCY CONDITIONS 1. Prior to any grading or construction on the site and prior to registration of the plan, the SUBDIVIDER or their agents shall submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a. A detailed stormwater management plan/report in accordance with the 2003 Ministry of the Environment Report entitled “Stormwater Management Planning and Design Manual” and in keeping with the Stormwater Management Report (dated June 2005, prepared by MTE) and Servicing Strategy Report (dated April 2011, prepared by Meritech). î ó ïê 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 Grand River Conservation Authority prior to any grading within the regulated area. 5. CLEARANCE CONDITIONS CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the CITY’s Director of Planning, the City of Kitchener is to be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1 to 3.10 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief but complete statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the CITY’s Director of Planning, the Director shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 and 2.2.7 ha been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 3. That prior to the signing of the final plan by the CITY’s Director of Planning, the Director shall be advised by the telecommunication companies (Bell, Rogers) that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 4. That prior to the signing of the final plan by the CITY’s Director of Planning, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out satisfactorily. The clearance letter shall include a brief statement detailing how the condition has been satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law 09-024 are applicable. 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 Planning and Development Departments of any changes in ownership, agent, address and phone number. î ó ïé Regional Fees 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 09-003, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of 30T-02203. Identification of Applicable Planning Act 5. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O.1990, as amended by S.O.2006, c.23 (Bill 51). Regional Servicing Agreement 6. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Servicesto service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 7. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Airport Zoning Regulations 8.a) The Owner is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is two-fold: 1) to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and 2) to prevent lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would cause interference with signals or communications to and from aircraft or to and from those facilities. î ó ïè It is the landowner’s responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations which may include but not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. 8.b) The Owner is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952-0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. Final Plans Subdivision 9. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the Manager of Development Review’s signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One original mylar fourmylar copies fourwhite paper prints BACKGROUND: The subject lands are owned by Valleyview Heights (St. Jacob’s) Limited and are located in the Grand River South Planning Community. The lands are 4.01 hectares in area and contain no buildings or structures. The owner is requesting approval of applications for draft plan of subdivision and zone change. These applications were submitted and circulated for comment in 2002. The original applications proposed lotless blocks with the potential for 32-50 single detached dwellings. The subdivision application was inactive for a number of years and was recently reactivated by the applicant. The current version of the application proposes 55 single detached lots and 4 “lot addition” blocks which are proposed to be combined with adjacent lands to form developable parcels. The plan also shows one future development block with access to Old Zeller Drive. The owner proposes to dedicate two parcels of land (totalling 1.05 hectares) to the City as parkland dedication that will be used for trails and open space. Walkway blocks are proposed to connect the subdivision to the Walter Bean Trail and to existing local trails. î ó ïç REPORT: The draft plan of subdivision proposes to complete the local street network initiated through the adjacent plans of subdivision. The applicant is proposing to develop the lands with 55 single detached dwellings (see Appendix “A”). Policy Conformity Provincial Policy Statement and Growth Plan for the Greater Golden Horseshoe The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes the efficient development of land and provision of a range of housing types and densities. Furthermore, the subject lands are within the designated greenfield area as defined by the Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and transit services, and that creates high quality public open spaces. As part of the larger community, the proposed plan is consistent with the PPS and policies of the Growth Plan. Regional Official Policies Plan The subject lands are within the Urban Area established in the Regional Official Plan. Regional policies support the development of complete communities having development patterns and densities that support walking, cycling and transit. The Plan also supports establishing a network of sidewalks, trail and bicycle pathways that provide safe and convenient links within the neighbourhood and to other neighbourhoods. Staff comments that the proposed plan includes sidewalks on both sides of the streets, as well as walkways leading to the Walter Bean Trail, Old Zeller Drive and to the local trail network. The lands are located in proximity to one of the flight paths of the Waterloo Region International Airport. As such the Region has requested conditions including warning clauses and signage to inform purchasers of the proximity of airport lands. Staff is of the opinion that the proposal, subject to the recommended conditions, satisfies the policies of this plan. Official Plan and Community Plan Designation The subject lands are designated Low Rise Residential and Open Space in the City’s Official Plan and Low Density Residential in the Grand River South Community Plan. These designations permit the lands to be developed with single detached dwellings. The proposed subdivision and zone change comply with the policies of these plans. Proposed Zone Change The majority of the subject lands is currently zoned Agricultural Zone (A-1). A narrow strip of land near the Grand River is zoned Open Space (P-2), while a very narrow strip of land closer to the Grand River is zoned Hazard Land (P-3). The main purpose of the requested zone change is to permit the lands to be developed with single detached dwellings, by rezoning the lands to Residential Four Zone (R-4) with special zoning provisions where necessary. The requested zoning categories are shown in the Proposed Zoning By-law and Map Nos. 1, 2, and 3, included as Appendix “B”. It should be noted that in addition to the owner’s zone change request, Planning staff is requesting a “housekeeping” zoning amendment for several small parcels of publicly-owned land in the immediate vicinity of the subdivision, but outside of the plan area. The main purpose of these proposed changes is to reconcile certain minor zoning inconsistencies, for example: î ó îð changing the zoning of an adjacent unused right-of-way so that it may be developed along with the future development parcel on the draft plan. changing the zoning of portions of the adjacent stormwater management (SWM) lands so they match the zoning category of the main SWM lands. changing the zoning of a portion of land within GRCA regulated area immediately north of the subject subdivision in order to protect the steep slopes in this area. Subdivision Design The proposed subdivision meets the Design Objectives set out in the City’s Design Brief for Suburban Development. In staff’s opinion the development achieves walkability, variety, place- making, conservation, connectivity, safety, liveability, balance and is transit supportive. Streets within the subdivision are designed to accommodate on-street parking and sidewalks on both sides. As a condition of approval, staff is recommending that a priority lotting plan and design guidelines for priority lots be submitted for approval to implement design objectives for terminating vista lots and corner lots. Parks/Trails Parkland dedication for this plan of subdivision is achieved through the dedication of lands adjacent to the stormwater management pond and those lands containing the Walter Bean Trail, shown as Blocks 60 and 61 on the draft plan of subdivision. These lands are an important addition to the City’s trail network and open space system and are 1.05 hectares in area. The plan also provides for walkway connections to the Walter Bean Trail and the local trail system via Walkway Blocks 58 and 59. In addition, the subdivision will be connected to Old Zeller Drive via a trail to be constructed over the adjacent stormwater management lands that connects to Block 59. Environment The Grand River Conservation Authority is satisfied that the all of the lands proposed to be developed are appropriately set back from the steep slopes and floodplain of the Grand River. The rear yards of two of the lots (Lots 14 and 15) are within the GRCA regulated area and are proposed to be zoned accordingly. Heritage A Heritage Impact Assessment (HIA) was prepared for the subject land (by Archaeological Research Associates Ltd. dated April 2008). The HIA concluded that the structures on the property including the farmhouse were not of cultural heritage value or significance and recommended photographic documentation as a suitable form of conservation. Heritage Kitchener was consulted on the HIA via email in June 2011. Staff concurred with the consultant’s conclusions and the HIA was formally approved by the Director of Planning. Demolition control approval was granted by Council in January 2012 to allow demolition of the farmhouse. Photographic documentation in accordance with the HIA recommendation was requested as part of the demolition control process and has been received by Heritage Planning staff. Demolition permits were issued for all structures and the site is now vacant. Stormwater Management Stormwater for the subject lands will be directed to two previously approved stormwater management facilities. One is located east of the subject lands within the adjacent subdivision now registered as Block 21, 58M-370 and the other is located in a subdivision immediately to the west, registered as Block 17, 58M-364. Staff recommends several subdivision conditions to ensure that the developer monitors and maintains the stormwater management system until the City assumes responsibility of these facilities. Monitoring will require the owner to submit a î ó îï letter of credit for associated costs. In addition, as an approval condition, the applicant will be required to submit recommendations regarding infiltration measures for storm water. Sanitary/Water Servicing All lots will be serviced with gravity sanitary drainage to the Woolner Pumping Station and municipal water servicing in accordance with City standards. Engineering Services staff have confirmed that there is sufficient servicing capacity. It should be noted that the Region possesses a non-potable watermain through Block 61 of the plan. As such, an easement over these lands for the purpose of long-term maintenance and repair has been recommended as a condition of draft approval. Retaining Wall In order to achieve appropriate grades to accommodate servicing and stormwater management objectives, the subject plan incorporates a large retaining wall located to the rear of lots 14 through 23 (see Appendix “C”). This wall is proposed to be located solely on private property and will range in height to a maximum of approximately 5 metres. Staff and the applicant considered a number of maintenance options for the wall including a common elements condominium and partial City responsibility. It was concluded that responsibility for the wall should be the individual, sole responsibility of each benefitting property owner. An “Area of Influence” has been established by the applicant’s engineer defining a varying distance from the top of the wall that should be left undisturbed so as to not impact the wall’s integrity (see Appendix “C”). This area of influence is clearly identified in the proposed zoning of all affected properties (see Map No. 2 – Property Detail Schedule No. 36). In order to advise potential purchasers, staff recommends an approval condition requiring a statement in all offers of purchase/sale and tenancy agreements advising of the property owner’s sole responsibility in maintaining the retaining wall and of prohibitions on buildings, structures, pools, and storage of heavy objects within the wall’s area of influence. Agency Comments Any requirements have been addressed or are included as conditions of approval (see Appendix “F”). ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports the development of our community and will align with the Kitchener Strategic Plan as it implements the community priority Development. FINANCIAL IMPLICATIONS: Upon registration of the subdivision, there will be ongoing operations costs for the maintenance of the open space and trails, streets, street trees and underground services. In the long-term, there will be repair and replacement costs for streets, sidewalks and services. COMMUNITY ENGAGEMENT: Notice of the subject application was originally circulated in 2002 and personalized subdivision and standard, City issued notice signs have remained on the site since that time. In accordance with Council Policy, notice of the public meeting was re-circulated to all neighbouring property owners within 120 metres of the subject lands in advance of the statutory public meeting date to advise of the public meeting and to allow community members to provide comment on the application (see Appendix “D”). Notice was also given in The Record on January 4, 2013 (see Appendix “E”). î ó îî CONCLUSION: Based on the foregoing, the proposed draft plan of subdivision and zone change applications are appropriate and represent good planning. The issues identified through the circulation have been addressed or are included as conditions of approval. The lands are identified in the Kitchener Growth Management Plan for consideration of draft approval in the 2011-2013 timeframe. The plan represents proper and orderly development of the City and considers the criteria identified in Section 51(24) of the Planning Act for the subdivision of land. The plan conforms to the policies set out in City, Regional and Provincial legislation and incorporates urban design principles. As such, staff recommends 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 of Subdivision B – Proposed Zoning By-law & Map No. 1, Map No. 2 - Property Detail Schedule No. 36, and Map No. 3 - Property Detail Schedule No. 37 C – Retaining Wall Map Prepared by Meritech Engineering (May 2012) D – Property Owner Notification Letter E – Newspaper Advertisement F – Department/Agency Comments î ó îí ß°°»²¼·¨ ß î ó îì ß°°»²¼·¨ Þ PROPOSED BY – LAW December 17, 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 – Valley View Heights (St. Jacob’s) Ltd. – Old Zeller 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. 270 and 271 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 Agricultural Zone (A-1) to Residential Four Zone (R-4). 2. Schedule Nos. 270 and 271 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 Agricultural Zone (A-1) to Residential Three Zone (R-3) with Special Regulation Provision 326R. 3. Schedule Nos. 270 and 271 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 3 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Four Zone (R-4) with Special Regulation Provision 327R. 4. Schedule No. 270 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 4 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Hazard Land Zone (P-3). 5. Schedule Nos. 270 and 271 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 5 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Open Space Zone (P-2). 6. Schedule No. 270 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 6 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Four Zone (R-4) with Special Regulation Provision 1R, Special Regulation Provision 639R, and Property Detail Schedule No. 36. î ó îë 7. Schedule No. 270 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 7 on Map No. 1, in the City of Kitchener, attached hereto, from Open Space Zone (P-2) to Hazard Land Zone (P-3). 8. Schedule No. 271 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 8 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Four Zone (R-4) with Special Regulation Provision 640R, and Property Detail Schedule No. 37. 9. Schedule No. 271 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 9 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) with Special Regulation 327R to Residential Four Zone (R-4) with Special Regulation Provision 640R, and Property Detail Schedule No. 37. 10. Schedule No. 271 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 10 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) with Special Regulation 327R to Open Space Zone (P-2) 11. Schedule Nos. 270 and 271 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. 12. Appendix “B” to By-law 85-1 is hereby amended by adding Property Detail Schedule No. 36, which is attached hereto as Map No. 2. 13. Appendix “B” to By-law 85-1 is hereby amended by adding Property Detail Schedule No. 37, which is attached hereto as Map No. 3. 14. Appendix “D” to By-law 85-1 is hereby amended by adding Section 639 thereto as follows: “639. Notwithstanding Sections 5.5, 5.6, 6.1.1.1.b), 6.3, 6.4, 6.5, and 38.2 of this by-law, within the lands zoned R-4 on Schedule No. 270 of Appendix “A” and being shown as affected by this subsection, placement or construction of dwellings, sheds, containers, detached garages, accessory buildings, indoor pools, outdoor pools, and any other building or structure and storage and parking of vehicles, trailers, and major recreational equipment and any other outdoor storage shall not be permitted within the area shown in Property Detail Schedule No. 36 of By- law 85-1.” î ó îê 15. Appendix “D” to By-law 85-1 is hereby amended by adding Section 640 thereto as follows: “640. Notwithstanding Section 38.2 of this by-law, within the lands zoned R-4 on Schedule No. 271 of Appendix “A” and being shown as affected by this subsection no building or structure shall be permitted within the area shown in Property Detail Schedule No. 37, of By-law 85- 1.” PASSED at the Council Chambers in the City of Kitchener this day of , 2013 _____________________________ Mayor _____________________________ Clerk î ó îé î ó îè ÓßÐ ÒÑò î ÍÝØÛÜËÔÛ Ò±ò íê Ò± Þ«·´¼·²¹ô Í¬®«½¬«®»ô Í¬±®¿¹» ±® Ð¿®µ·²¹ Ð»®³·¬¬»¼ Ô±¬ Ô±¬ Ô±¬ ïè Ô±¬ ïç ïé Ô±¬ Ô±¬ îð Îóìô Ô±¬ îï ïê Ô±¬ îî ïÎô îí Ô±¬ ïë êíçÎ Ô±¬ ïì ÜÛÌß×Ô º®±³ ÍÝØÛÜËÔÛ Ò±ò îéð±º ßÐÐÛÒÜ×È ùßù l ïæéëð ÓÛÌÎ×Ý ÍÝßÔÛ î ó îç Í¸±©·²¹ ÐÌ ÔÑÌ ïïç ÙòÝòÌò ðîìêèïð Ü¿¬»æ Ü»½»³¾»® ïéô îðïî Ó»¬®» ÓßÐ ÒÑò í ÍÝØÛÜËÔÛ Ò±ò íé Ò± Þ«·´¼·²¹ ±® Í¬®«½¬«®» Ð»®³·¬¬»¼ Îóìô êíìðÎ ÜÛÌß×Ô º®±³ ÍÝØÛÜËÔÛ Ò±ò îéï±º ßÐÐÛÒÜ×È ùßù l ïæîëð ÓÛÌÎ×Ý ÍÝßÔÛ î ó íð Í¸±©·²¹ ÐÌ ÔÑÌ ïïç ÙòÝòÌò ðïîíìë Ü¿¬»æ Ü»½»³¾»® ïéô îðïî Ó»¬®» ß°°»²¼·¨ Ý î ó íï ß°°»²¼·¨ Ü ß²¼®»©Ð·²²»´´ôÓÝ×ÐôÎÐÐ Í»²·±®Ð´¿²²»® ÝÍÜÐ´¿²²·²¹Ü·ª··±² ¬¸ Õ·¬½¸»²»®Ý·¬§Ø¿´´ôêÚ´±±® îððÕ·²¹Í¬®»»¬É»¬ôÐòÑòÞ±¨ïïïè Õ·¬½¸»²»®ÑÒÒîÙìÙé Ð¸±²»æëïçéìïîîðð»¨¬òéêêè ÌÌÇæïèêêçêççççì Ú¿¨æëïçéìïîêîì ¿²¼®»©ò°·²²»´´àµ·¬½¸»²»®ò½¿ Ö¿²«¿®§çôîðïí Ü»¿®Î»·¼»²¬ñÐ®±°»®¬§Ñ©²»®æ ÎÛæÜÎßÚÌÐÔßÒÑÚÍËÞÜ×Ê×Í×ÑÒíðÌðîîðí ÆÑÒÛÝØßÒÙÛßÐÐÔ×ÝßÌ×ÑÒÆÝðîñïéñÆñÌÓÉ ßÜÜÎÛÍÍæïîçðÑÔÜÆÛÔÔÛÎÜÎ×ÊÛ ÑÉÒÛÎæÊßÔÔÛÇÊ×ÛÉØÛ×ÙØÌÍøÍÌòæÕÅÂ¡ÔÌÜò ÎÛÐÑÎÌæÝÍÜïíððî Ì¸»Ý±³³«²·¬§Í»®ª·½»Ü»°¿®¬³»²¬¸¿®»½»·ª»¼¿«¾¼·ª··±²¿²¼¦±²»½¸¿²¹»¿°°´·½¿¬·±²º±®ïîçðÑ´¼Æ»´´»® Ü®·ª»òÌ¸»«¾¶»½¬´¿²¼¿®»¸±©±²¬¸»³¿°ô¾»´±©æ î ó íî Ì¸»»¿°°´·½¿¬·±²°®±°±»¬±®»¦±²»¿²¼«¾¼·ª·¼»¬¸»´¿²¼¬±½®»¿¬»¿¬±¬¿´±ºëë´±¬º±®·²¹´»¼»¬¿½¸»¼ ¼©»´´·²¹±²º«´´³«²·½·°¿´»®ª·½»òÌ¸»«¾¶»½¬´¿²¼¿®»ìòðï¸»½¬¿®»·²¿®»¿¿²¼¿®»¼»·¹²¿¬»¼Ô±©Î·» Î»·¼»²¬·¿´¿²¼Ñ°»²Í°¿½»·²¬¸»Ñºº·½·¿´Ð´¿²òÌ¸»´¿²¼¿®»°®±°±»¼¬±¾»®»¦±²»¼³¿·²´§º®±³ ß¹®·½«´¬«®¿´Æ±²»øßï÷¬±Î»·¼»²¬·¿´Ú±«®Æ±²»øÎì÷©·¬¸°»½·¿´¦±²·²¹°®±ª··±²©¸»®»¿°°®±°®·¿¬»ò ×²¿¼¼·¬·±²ô¬¸»Ý·¬§·°®±°±·²¹¬±½¸¿²¹»¬¸»¦±²·²¹±º»ª»®¿´³¿´´°¿®½»´±º´¿²¼·²¬¸»·³³»¼·¿¬»ª·½·²·¬§ ±º¬¸»«¾¼·ª··±²¾«¬±«¬·¼»±º¬¸»«¾¼·ª··±²¿®»¿º±®¬¸»°«®°±»±º®»½±²½·´·²¹³·²±®¦±²·²¹ ·²½±²·¬»²½·»ò ß°«¾´·½³»»¬·²¹©·´´¾»¸»´¼¾§¬¸»Ð´¿²²·²¹¿²¼Í¬®¿¬»¹·½×²·¬·¿¬·ª»Ý±³³·¬¬»»ô¿Ý±³³·¬¬»»±ºÝ±«²½·´ ²¼ ©¸·½¸¼»¿´©·¬¸°´¿²²·²¹³¿¬¬»®±²Ó±²¼¿§ôÖ¿²«¿®§îèôîðïí¿¬éæðð°ò³ò·²¬¸»Ý±«²½·´Ý¸¿³¾»®ôî º´±±®ôÝ·¬§Ø¿´´ôîððÕ·²¹Í¬®»»¬É»¬ôÕ·¬½¸»²»®ò Ý±«²½·´©±«´¼²±®³¿´´§¿½¬±²¿®»½±³³»²¼¿¬·±²±º¬¸»Ð´¿²²·²¹¿²¼Í¬®¿¬»¹·½×²·¬·¿¬·ª»Ý±³³·¬¬»»¿¬¬¸» ²»¨¬½¸»¼«´»¼Ý±«²½·´³»»¬·²¹±²Ó±²¼¿§ôÚ»¾®«¿®§ìôîðïíòÌ±½±²º·®³¬¸¿¬¬¸»³¿¬¬»®·¬±¾»¿¼¼®»»¼ ½¸»²»®ò½¿÷±®½±²¬¿½¬±«®Ý±®°±®¿¬» ¿¬¬¸·Ý±«²½·´³»»¬·²¹ô°´»¿»®»º»®¬±¬¸»Ã?YÅ©»¾·¬»ø©©©òµ·¬ Í»®ª·½»Ü»°¿®¬³»²¬¿¬ëïçéìïîîðíò ß²§°»®±²³¿§¿¬¬»²¼¬¸»Ð«¾´·½Ó»»¬·²¹¿²¼³¿µ»©®·¬¬»²¿²¼ñ±®ª»®¾¿´®»°®»»²¬¿¬·±²»·¬¸»®·²«°°±®¬ ±ºô±®·²±°°±·¬·±²¬±ô¬¸»¿¾±ª»²±¬»¼°®±°±¿´ò×º¿°»®±²±®°«¾´·½¾±¼§¬¸¿¬º·´»¿²±¬·½»±º¿°°»¿´±º¿ ¼»½··±²ô¼±»²±¬³¿µ»±®¿´«¾³··±²¿¬¬¸·°«¾´·½³»»¬·²¹±®³¿µ»¿©®·¬¬»²«¾³··±²°®·±®¬± ¿°°®±ª¿´ñ®»º«¿´±º¬¸·°®±°±¿´ô¬¸»Ñ²¬¿®·±Ó«²·½·°¿´Þ±¿®¼³¿§¼·³·¿´´±®°¿®¬±º¿«¾»¯«»²¬ ¿°°»¿´ò ß¼¼·¬·±²¿´·²º±®³¿¬·±²·¿ª¿·´¿¾´»¾§½±²¬¿½¬·²¹¬¸»¿°°®±°®·¿¬»¬¿ºº°»®±²²±¬»¼¾»´±©ôª·»©·²¹¬¸»®»°±®¬ ½±²¬¿·²»¼·²¬¸»³»»¬·²¹¿¹»²¼¿ø¿ª¿·´¿¾´»±²¬¸»É»¼²»¼¿§»ª»²·²¹°®·±®¬±¬¸»³»»¬·²¹ô·²¬¸»½¿´»²¼¿® »½¬·±²±º¬¸»©»¾·¬»¸¬¬°æññ©©©òµ·¬½¸»²»®ò½¿ñ½¿´»²¼¿®ñ½¿´»²¼¿®Ûª»²¬ò¿°¨÷ô±®·²°»®±²¿¬¬¸»Ð´¿²²·²¹ ¬¸ Ü·ª··±²ôêÚ´±±®ôÝ·¬§Ø¿´´ôîððÕ·²¹Í¬®»»¬É»¬ôÕ·¬½¸»²»®¾»¬©»»²èæíð¿ò³òëæðð°ò³òøÓ±²¼¿§¬±Ú®·¼¿§÷ò ×º§±«¸¿ª»¿²§¯«»¬·±²±®®»¯«·®»º«®¬¸»®½´¿®·º·½¿¬·±²®»¹¿®¼·²¹¬¸·¿°°´·½¿¬·±²ô°´»¿»½±²¬¿½¬ß²¼®»© Ð·²²»´´ô¿¬ëïçéìïîîðð»¨¬òéêêèò Í·²½»®»´§ô ____________________________________ ß²¼®»©Ð·²²»´´ôÍ»²·±®Ð´¿²²»® ½½æÝ±«²½·´´±®Þ»®®§Ê®¾¿²±ª·½ôÉ¿®¼î î ó íí ß°°»²¼·¨ Û Placed in The Record – January 4, 2013 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW AND A PROPOSED PLAN OF SUBDIVISION UNDER SECTIONS 34 & 51 OF THE PLANNING ACT 1290 Old Zeller Drive Ì¸»Ý·¬§±ºÕ·¬½¸»²»®¸¿®»½»·ª»¼¿°°´·½¿¬·±²º±®¿Ü®¿º¬Ð´¿²±ºÍ«¾¼·ª··±²¿²¼Æ±²»Ý¸¿²¹»º±®¬¸»«¾¶»½¬°®±°»®¬§ò Ì¸»»¿°°´·½¿¬·±²°®±°±»¬±®»¦±²»¿²¼«¾¼·ª·¼»¬¸»´¿²¼¬±½®»¿¬»¿¬±¬¿´±ºëë´±¬º±®·²¹´»¼»¬¿½¸»¼¼©»´´·²¹±² º«´´³«²·½·°¿´»®ª·½»òÌ¸»«¾¶»½¬´¿²¼¿®»ìòðï¸»½¬¿®»·²¿®»¿¿²¼¿®»¼»·¹²¿¬»¼Ô±©Î·»Î»·¼»²¬·¿´¿²¼Ñ°»² Í°¿½»·²¬¸»Ñºº·½·¿´Ð´¿²òÌ¸»´¿²¼¿®»°®±°±»¼¬±¾»®»¦±²»¼³¿·²´§º®±³ß¹®·½«´¬«®¿´Æ±²»øßï÷¬±Î»·¼»²¬·¿´Ú±«® Æ±²»øÎì÷©·¬¸°»½·¿´¦±²·²¹°®±ª··±²©¸»®»¿°°®±°®·¿¬»ò Planning and Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, JANUARY 28, 2013 at 7:00 P.M. nd FLOOR, CITY HALL COUNCIL CHAMBERS, 2 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written and/or verbal representation either in support of, or in If a person or public body that files a notice of appeal of a decision, does opposition to, the above noted proposal. 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 on the Wednesday evening prior to the meeting, in the calendar section of the th Floor, City Hall, 200 websitehttp://www.kitchener.ca/calendar/calendarEvent.aspx), or in person at the Planning Division, 6 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Andrew Pinnell , Senior Planner - 519-741-2200 ext. 7668 (TTY: 1-866-969-9994), andrew.pinnell@kitchener.ca î ó íì î ó íë î ó íê î ó íé î ó íè î ó íç î ó ìð î ó ìï î ó ìî î ó ìí î ó ìì î ó ìë