HomeMy WebLinkAboutCSD-13-033 - Plan of Subdivision - Zone Change Application - Eden Oak Trail
REPORT TO:
Planning & Strategic Initiatives Committee
DATE OF MEETING:
May 27, 2013
SUBMITTED BY:
Alain Pinard, Director of Planning
PREPARED BY:
Michelle Drake, Planner, 519-741-2200 ext. 7839
WARD(S) INVOLVED:
Ward 2
DATE OF REPORT:
May 2, 2013
REPORT NO.:
CSD-13-033
SUBJECT:
DRAFT PLAN OF SUBDIVISION 30T-12201
ZONE CHANGE APPLICATION ZC12/12/E/KA
EDEN OAK TRAIL (BLOCK 1, 58M-373)
OWNER: HALLMAN CONSTRUCTION LIMITED
EXECUTIVE SUMMARY:
Hallman Construction Limited is seeking approval of a draft Plan of Subdivision and a Zone
Change to allow the subject lands to be developed with single detached, semi-detached and
street townhouse dwellings. The subject plan shows three blocks for residential development on
a cul-de-sac street. Staff support the proposed Plan of Subdivision and associated zone
change, subject to the conditions outlined in this report.
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RECOMMENDATION:
A. That the Grand River South Community Plan be amended as follows:
a. That policy 5.2 be amended to addresidential uses.
B. That Zone Change Application ZC/12/12/E/KA for Hallman Construction Limited
requesting a change in zoning from Community Institutional Zone (I-2) with
Special Use Provision 275U and Special Regulation Provision 15HSR to
Community Institutional Zone (I-2) be approved in the form shown in the
-April 5, 2013 attached to Community Services
Department Report CSD-13-033 as Appendix B;
C. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O.
1990, Chapter P13 as amended, and delegation by-law 2002-64, grant draft
approval to Plan of Subdivision Application 30T-12201, in the City of Kitchener, for
Hallman Construction Limited, subject to the following conditions:
1.
That this approval applies to Plan of Subdivision 30T-12201 for Hallman Construction
Limited as shown on the attached Plan of Subdivision prepared by the City of Kitchener
dated April 9, 2013, which shows the following:
Blocks 1-3 Residential 25-33 units
2. CITY OF KITCHENER CONDITIONS:
2.1That 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 April 9, 2013, which shall contain the following
additional special conditions:
Part 2 Prior to Grading
2.7 When the acceptedArea Grading, Erosion and Siltation Control Plan requires cut
or fill, it shall be incumbent upon the SUBDIVIDER to recognize the details of the
soil conditions for the lots and blocks and to take all steps necessary to make the
lots and blocks adequate for foundations.
Therefore, immediately following area grading, the SUBDIVIDER shall submit to
thesatisfaction of theand engineering
reports prepared by a qualified Geotechnical Engineer, which shall contain the
following:
a) Details of such grading operations, including specifically areas containing
structural fill, and a summary sheet and plan designating all lots and blocks
within the registered plan in the following categories:
i) lots and blocks with proposed footing elevations in native undisturbed soil;
ii) lots and blocks with proposed footing elevations in/on structural fill material,
placed under supervision and tested to determine that adequate bearing
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capacity was achieved;
iii) lots and blocks with proposed footing elevations in/on structural fill material,
which requires further testing by a qualified geotechnical engineer prior to
the footings being poured; and
iv) proposed footing elevations are defined as a minimum of 2.1 metres below
the proposed finished grade as shown on the approved Lot Grading Control
Plan.
b) In clauses ii) and iii) above, plans shall be provided illustrating the limits of the
structural fill material placed if it is less than the total lot or block area; and,
c) No building permits shall be available for those lots and/or blocks in the affected
Building Official, a reasonable time for review has transpired and the
specifying the affected lots or blocks, arising out of the summary sheet provided
in clause a) above.
Further, the SUBDIVIDER agrees to submit an engineering report to the
satisfaction of the
Engineering Services prepared by a qualified Engineer, listing the lowest
allowable bottom of footing elevation for all lots and blocks, the minimum
separation being 0.6 metres above seasonally high groundwater level.
2.11 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER
agrees to submit, obtain approval of and implement a detailed monitoring
program to evaluate the performance of infiltration galleries (including pre-
construction and post-construction phases) and to identity if the required water
in consultation with the Regional Municipality of Waterloo.
Part 3 Prior to Servicing
3.17 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 satisfactioServices and Kitchener
Wilmot Hydro. Should these decorative elements be utilized, they shall be
the provision of a one-time supply of 10% of the materials for future maintenance
Services
and Kitchener Wilmot Hydro.
3.18 Prior to the Servicing or Registration, whichever shall occur first, of each stage,
the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of
the CI
-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.
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Other options such as driveway length, garage space, communal parking
facilities, and/or parking along the park frontage, may be considered in
3.19 The SUBDIVIDER shall confirm to the satisfaction of the CITY
Engineering Services that the servicing drawings:
a) Do not conflict with preliminary driveway locations and potential locations for
utilities, hydrants or community mail box facilities.
b) Provide that no driveways shall be installed within 1.0m of a street light pole or
hydro pole or where the wheels of a vehicle would pass over any part of a
submersible transformer vault.
c) Provide that no sewer or water service will be installed within 1.5m of the centre
of proposed submersible transformer vault or within 0.9m of a proposed
electrical service stub and that no fire hydrant will be installed within 3.0m of a
proposed street light pole or hydro pole. The SUBDIVIDER shall be responsible
for ensuring that these separations are maintained.
d) The location of concrete pads for the placement of the Community Mail Boxes
shall be approved by Canada Post and shall be shown on the servicing
drawings. Said pads are to be poured at the time of curb and/or sidewalk
installation within each Stage of the plan of subdivision. Should temporary
locations be required, the SUBDIVIDER shall work with Canada Post to
determine and provide suitable locations until the curbs, boulevards and
sidewalks are in place in the remainder of the subdivision.
3.20 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall
reetscape Plan
shall illustrate a consistent streetscape theme for the Priority Street showing:
a) Design and construction details, with preference to low-maintenance,
sustainable plantings and decorative streetscape elements;
b) Conceptual street tree planting locations for Eden Oak Trail and Eden Oak
Court;
c) Conceptual locations and type of flankage lot streetscape features, such as
decorative fencing and landscaping between the side yard fencing and the
property line of flankage lots; and,
d) Potential locations of utilities.
3.21 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 Planning.
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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.
c) For Park Priority Lots, building elevation drawings shall ensure that
consideration has been given to the design treatment along the road frontage
and the park flankage for each lot/dwelling, including such items as the
provision for porches, porticos, stairs, or other projections, secondary entry
doors, horizontal articulation, brick and masonry-style skirting and/or
accentuated windows; and consideration to fencing and landscaping.
d) For Gateway Priority Lots, building elevation drawings shall ensure that
consideration has been given to design treatment along the road frontage
including such items as the provision for porches, porticos, stairs or other
projections, horizontal articulation, brick and masonry style skirting and/or
accentuated windows.
3.22 Prior to Servicing, the SUBDIVIDER agrees to submit an infiltration design to
meet the site water balance. To support the design, the SUBDIVIDER shall
submit for review a detailed Geotechnical and Hydrogeological Investigation
Report that discusses in further detail the suitability of soils to support the
infiltration measures proposed, including further soil investigations, to the
satisfaction of the Director of Engineering Services in consultation with
the Regional Municipality of Waterloo. If existing soil conditions are not
conducive to infiltration in the areas identified for infiltration, the SUBDIVIDER
agrees to replace existing soils with permeable soils. Any third pipe system
proposed to convey roof water to infiltration facilities may require additional
financial arrangements to be paid for by the SUBDIVIDER for replacement cost
of such system. The costs will be determined during the detailed design stage to
Part 4 Prior to Application for 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
f Utilities.
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4.23 a) The SUBDIVIDER agrees that no building permits shall be applied for or
-
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)
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 notifie
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
g 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 in accordance with the Acoustical Study
River South Residential Subdivision, Hallman Construction Limited, Kitchener,
dwelling units within
Building Official:
a) with forced air-ducted heating system suitably sized and designed to permit
the future installation of a central air conditioning system by the occupants,
and
b) with special building components with the following minimum Acoustical
Insulation Factor (AIF) values:
Roof: AIF 35
Exterior Walls: Bedroom Areas AIF 35; Living/Dining Areas AIF 30
Windows: Bedroom Areas AIF 35; Living/Dining Areas AIF 30
4.26 The SUBDIVIDER agrees that prior to the issuance of building permits for all
dwelling units within this plan, a Professional Engineer qualified to provide
Acoustical Engineering Services in the Province of Ontario shall review the floor
plans, building elevations, window specifications and exterior wall, roof and attic
constructions for each dwelling unit to ensure that the building façade
constructions provide the required AIF values noted in 4.25 above for all noise
sensitive indoor spaces.
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4.27 The SUBDIVIDER agrees that prior to occupancy, the municipal Chief Building
Official or a Professional Engineer qualified to provide Acoustical Engineering
Services in the Province of Ontario shall inspect the dwelling units and certify that
the noise control measures as approved, have been installed in their entirety.
Part 6 Other Timeframes
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Fairway Road North to Zeller Drive to
Watervale Drive to Eden Oak Trail and prohibited from using any other internal
residential streets in the community. The SUBDIVIDER agrees to advise all
relevant contractors, builders and other persons of this requirement with the
SUBDIVIDER being responsible for any required signage, all to the satisfaction
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
in consultation with
Canada Post. If required, the SUBDIVIDER shall provide suitable temporary
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 That the SUBDIVIDER or subsequent owner agrees that geothermal wells shall
not be installed within any lot or block within the plan. This condition shall not be
released from title.
6.14 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and
Sale with home buyers, or in Agreement 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 it 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. Further,
occupants/owners shall be notified in the agreement of the exact location,
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size and intent of the infiltration galleries. The wording of the statement shall
c) identify the presence of direct-to-fire alarm monitoring systems and the
requirement that these systems must be maintained and must remain
operational in perpetuity as a responsibility of the homeowner. The wording of
d) advises that due to the sensitive nature of groundwater and the proximity to
GUDI wells in the Woolner well field, the installation of geothermal wells is
prohibited.
6.15 Prior to occupancy, the SUBDIVIDER agrees to construct at source infiltration
or of
Engineering Services. Installation of infiltration galleries shall be supervised and
certified by a qualified geotechnical consultant, at the SUBDIVIDER
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the
following conditions:
1. The City Standard Residential Subdivision Agreement shall be registered on title.
2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director
of Planning and to obtain approval of such applications therefrom.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any
part of the lands and to pay all outstanding taxes on the lands.
4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments
under the direction of the CITY'S Director of Engineering, with co-ordinate values and
elevations thereon and submit for registration the plans showing the location of
monuments, their co-ordinate values, elevations and code numbers as prescribed by the
Surveyor General of Ontario.
5. The SUBDIVIDER shall make satisfactory arrangements with 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
telephone services to the subdivision and/or the relocation of the existing services.
Further, the SUBDIVIDER acknowledges that this may include the payment of all costs
associated with the provision of temporary services and the removal of such services
when permanent installations are possible.
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7. The SUBDIVIDER shall make arrangements for the granting of any easements required
for utilities and municipal services. The SUBDIVIDER agrees to comply with the
following easement procedure:
a) to provide copies of the subdivision plan proposed for registration and reference
plan(s) showing the easements HYDRO, and telephone companies and the CITY'S
Director of Planning.
b) to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the CITY'S Director of
Engineering for municipal services;
c) to ensure that there are no conflicts between utility or municipal service easement
locations and any approved Tree Preservation/Enhancement Plan;
d) if utility easement locations are proposed within lands to be conveyed to, or presently
owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the
CITY'S Director of Engineering, or, in the case of parkland, the CITY'S General
Manager of Community Services; and
e) to provide to the CITY'S Director of Planning, a clearance letter from each of the
HYDRO and telephone companies. Such letter shall state that the respective utility
company has received all required grants of easement, or alternatively, no
easements are required.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the
CITY by the registration of the Plan of Subdivision.
9. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major
of Planning, in accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the applicable zone
and the corner visibility triangle, with the specific, appropriate location to be approved
b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6
metres, and a maximum area of 13 square metres;
c) Graphics shall depict the features within the limits of the subdivision including,
without limiting the generality of the foregoing, approved street layout, including
emergency access roads, zoning, lotting and specific land uses, types of parks,
storm water management areas, hydro corridors, trail links and walkways, potential
or planned transit routes and bus stop location, notifications regarding contacts for
school sites, noise attenuation measures, special buffer/landscaping areas, water
courses, flood plain areas, railway lines and hazard areas and shall also make
general reference to land uses on adjacent lands including references to any formal
ning;
d) Approved subdivision billboard locations shall be conveniently accessible to the
public for viewing. Low maintenance landscaping is required around the sign and
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suitable parking and pedestrian access may be required between the sign location
and public roadway in order to provide convenient accessibility for viewing; and,
e) The SUBDIVIDER shall ensure that the information is current as of the date the sign
is erected. Notice shall be posted on the subdivision billboard signs advising that
information may not be current and to obtain updated information, enquiries should
f) In addition to the standard subdivision sign content, the subdivision sign shall
include: the approved NEF noise contour and planning contour information; and, a
warning clause for all lands within the plan to read as follows:
WARNING
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 aircraft
noise and directional lighting along this flight path may cause concern to some
individuals.
10. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan,
namely Eden Oak Court.
11. The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of
Kitchener, for the area being subdivided in order to satisfy Condition 1.22a) of the
Subdivision Agreement.
12. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall
Engineering Services and th
illustrate a consistent streetscape theme for the Priority Street showing:
a) Design and construction details, with preference to low-maintenance, sustainable
plantings and decorative streetscape elements;
b) Conceptual street tree planting locations for Eden Oak Trail and Eden Oak Court;
c) Conceptual locations and type of flankage lot streetscape features, such as decorative
fencing and landscaping between the side yard fencing and the property line of
flankage lots; and,
d) Potential locations of utilities.
13. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to
submit, obtain approval of and implement a detailed monitoring program to evaluate the
performance of infiltration galleries (including pre-construction and post-construction
phases) and to identity if the required water balance is met, to the satisfaction of the
Waterloo.
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14. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall
confirm whether decorative street signage and street lighting will be used to the
Hydro. Should these decorative elements be utilized, they shall be installed at the
-
time supply of 10% of the materials for future maintenance replacement, to the
satisfac
Hydro.
15. Prior to the Servicing or Registration, whichever shall occur first, of each stage, the
SUBDIVIDER shall prepare an On-S
-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 c
16. 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 t.
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.
c) For Park Priority Lots, building elevation drawings shall ensure that consideration
has been given to the design treatment along the road frontage and the park
flankage for each lot/dwelling, including such items as the provision for porches,
porticos, stairs, or other projections, secondary entry doors, horizontal articulation,
brickand masonry-style skirting and/or accentuated windows; and consideration to
fencing and landscaping.
d) For Gateway Priority Lots, building elevation drawings shall ensure that
consideration has been given to design treatment along the road frontage including
such items as the provision for porches, porticos, stairs or other projections,
horizontal articulation, brick and masonry style skirting and/or accentuated windows.
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17. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S
Director of Planning, a detailed written submission documenting how all conditions
imposed by this approval that require completion prior to registration of the subdivision
plan(s), have been satisfied.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
1) That the owner agrees to stage the development for this subdivision in a manner
satisfactory to the Regional Commissioner of Planning, Housing and Community
Services;
2) That the subdivision agreement be registered by the City of Kitchener against the
lands to which it applies and a copy of the registered agreement be forwarded to 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:
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
4)That prior to final approval, the Owner submit for review and approval a report to
assess the need for pressure reducing valves associated with water supply
distribution for the entire plan, to the satisfaction of the Regional Commissioner of
Planning, Housing and Community Services.
5) Where pressure reducing valves are required in Condition No. 4 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 not be removed by the owner/occupant.
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6) That prior to final approval, the owner enters into an agreement with the City of
Kitchener, that each lot/block on the plan be constructed with infiltration galleries in
accordance with the Technical Memorandum issued by MTE Consultants October 4,
River South 2, Kitchener, Block 1, Plan 58M-373, Presubmission Comments from
and as updated by the Functional Servicing Report
prepared by MTE dated March 30, 2012.
7) That prior to final approval, the owner:
a) prepares road salt management and infiltration gallery education information
brochures to the satisfaction of the Regional Commissioner of Planning, Housing
and Community Services, and
b) enters into an agreement with the Regional Municipality of Waterloo to distribute
the road salt management and infiltration gallery education information brochures
in a) above, to prospective home buyers.
8) That prior to final approval, the Owner enters into an agreement with the City of
Kitchener that geothermal wells not be permitted within any lots and blocks within the
plan.
9) That specific regulation is provided in the proposed zoning for the lands to indicate
that the installation of geothermal wells will not be permitted.
10) That prior to final approval, the Owner enters into an agreement with the City of
Kitchener to provide for implementation of the recommendations of the letter report
on buildin
Acoustical Insulation, Proposed Grand River South Residential Subdivision, Hallman
2012. Without limiting the foregoing, the agreement shall include the following:
a) that all dwelling units within this plan be constructed with a forced air-ducted
heating system suitably sized and designed to permit the future installation of a
central air conditioning system by the occupants. Where central air conditioning
system is provided, such location and installation of the outdoor air conditioning
devices should be done so as to comply with the noise criteria of the Ministry of
the Environment Publication NPC-
b) that all dwelling units within this plan be constructed with special building
components with the following minimum Acoustical Insulation Factor (AIF)
values:
Roof: AIF 35
Exterior Walls: Bedroom Areas AIF 35; Living/Dining Areas AIF 30
Windows: Bedroom Areas AIF 35; Living/Dining Areas AIF 30
c) that prior to the issuance of building permits for all dwelling units within this plan,
a Professional Engineer qualified to provide Acoustical Engineering Services in
the Province of Ontario shall review the floor plans, building elevations, window
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specifications and exterior wall, roof and attic constructions for each dwelling unit
to ensure that the building façade constructions provide the required AIF values
noted in (b) above for all noise sensitive indoor spaces.
d) that prior to occupancy, the municipal Chief Building Official or a Professional
Engineer qualified to provide Acoustical Engineering Services in the Province of
Ontario shall inspect the dwelling units and certify that the noise control
measures as approved, have been installed in their entirety.
11) That prior to final approval, the owner enters into an agreement with the Regional
Municipality of Waterloo to provide that prior to the issuance of building permits for all
dwelling units within this plan, a Professional Engineer qualified to provide Acoustical
Engineering Services in the Province of Ontario shall review the floor plans, building
elevations, window specifications and exterior wall, roof and attic constructions for
each dwelling unit to ensure that the building façade constructions provide the
required AIF values noted in Condition No. 10(b) above for all noise sensitive indoor
spaces, to the satisfaction of the Regional Commissioner of Planning, Housing and
Community Services.
12) That prior to final approval, the owner enters into an agreement with the City of
Kitchener 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:
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 aircraft noise and directional lighting along this flight path may cause
13) That prior to final approval, the Owner enters into an agreement with the Regional
Municipality of Waterloo to provide sufficient funds (including one (1) time
replacement) for the cost and installation of a permanent sign at the 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 aircraft noise
and directional lighting along the flight path, may cause concern to some individuals.
Provision shall be included in the agreement to indicate the size and location of the
sign(s) shall be approved by the Regional Commissioner of Planning, Housing and
Development Review.
14) 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 aircraft
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noise and directional lighting along this flight path may cause concern to some
individuals
4. OTHER AGENCY CONDITIONS
No other agency conditions are required.
5. CLEARANCE CONDITIONS
1.
City of Kitchener is to be advised by the Regional Commissioner of Planning,
Housing and Community Services that Conditions 3.1 to 3.14 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.
Director shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 and 2.2.7
has been carried out satisfactorily. The clearance letter shall include a brief
statement detailing how each condition has been satisfied.
3.
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.
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.
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-12201.
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).
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Unobstructed Access to Units
6. The owner/developer is responsible to ensure that each dwelling unit has
unobstructed access at grade or ground level, having a minimum width of 0.9
metres, from the front yard to the rear yard of the lot either by:
i) direct access on the lot without passing through any portion of the dwelling
unit; or,
ii) direct access through the dwelling unit without passing through a living or
family room, dining room, kitchen, bathroom, bedroom, or recreation room or
any hallway that is not separated by a door to any such room; or,
iii) access over adjacent lands which, if the lands are not owned by the City of
Kitchener or the Regional Municipality of Waterloo, are secured by a
registered easement prior to final approval of the subdivision plan.
Regional Servicing Agreement
7. 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
8. 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 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.
Airport Zoning
9.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
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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.
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.
9.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
10. When the survey has been completed and the final plan prepared, to satisfy the
requirements of the Registry Act, they should be forwarded to the City of
Kitchener. If the plans comply with the terms of approval, and we have received
an assurance from the Regional Municipality of Waterloo and applicable
clearance agencies that the necessary arrangements have been made, the
will be forwarded to the Registry Office for registration.
The following is required for registration and under The Registry Act and for our
use:
Oneoriginal mylar
fourmylar copies
fourwhite paper prints
BACKGROUND:
The subject property is owned by Hallman Construction Limited and applications for draft
approval of a Plan of Subdivision and a Zone Change were submitted by MHBC in 2011. The
subject property is legally described as Block 1, 58M-373 with an area of 1.825 hectares and
frontage of 81.041 metres on Eden Oak Trail. The subject property is located within the City and
,designated Low Rise Residential in the Official Plan and designated
Community Institutional in the Grand River South Community Plan. The subject property is
currently zoned Community Institutional Zone (I-2) with Special Use Provision 275U and Special
Regulation Provision 15HSR. Special Use Provision 275 Use prohibits the following uses:
daycare facility, duplex dwelling, dwelling unit, multiple dwelling, residential care facility, semi-
detached dwelling, single detached dwelling and street townhouse dwelling. Special Regulation
Provision 15HSR restricts the issuance of building permits until such time as there is additional
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sanitary sewer capacity available for use by the subject lands. The subject lands are currently
vacant. The owner is proposing to develop the lands with a cul-de-sac street abutted by 25-33
residential units consisting of a mix of single detached, semi-detached and/or street townhouse
dwellings. A change in zoning to Community Institutional Zone (I-2) has been requested to
implement the proposed subdivision.
REPORT:
Provincial and Regional Policy Conformity
2005 Provincial Policy Statement
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to development and land use planning.The PPS promotes building liveable communities
through the efficient development of lands and appropriate mix of land uses, housing types and
densities. The PPS also directs planning authorities to identify and promote opportunities for
intensification where it can be accommodated by taking into account the existing building stock,
area and availability of existing infrastructure and public service facilities.
The proposed draft Plan of Subdivision and Zone Change applications represent amodest
intensification opportunity to accommodate a mix housing types within an existing subdivision.
The proposal makes efficient use of the land and existing infrastructure, provides for a range of
low rise residential housing types and is in close proximity to parks, open spaces, and a school.
For these reasons, the proposed draft Plan of Subdivision and Zone Change are consistent with
the PPS.
2006 Growth Plan for the Greater Golden Horseshoe
The Growth Plan for the Greater Golden Horseshoe (Growth Plan) provides policy direction on
growth, infrastructure and resource protection. The Growth Plan directs growth to built-up areas;
promotes transit-supportive densities; encourages a mix of uses, including a range and mix of
housing types; calls for building compact, vibrant and complete communities; and, optimizes the
use of existing infrastructure.
The subject lands are located in a designated greenfield area as defined by the Growth Plan.
The Growth Plan indicates that designated greenfield areas will be planned to achieve a
minimum density target that is not less than 50 residents and jobs combined per hectare, which
will be measured over the entire designated greenfield area of the municipality. The proposed
draft Plan of Subdivision plans to achieve a minimum of 45.2 and a maximum of 48.8 people
and jobs per hectare.
The proposed draft Plan of Subdivision and Zone Change applications represent amodest
intensification opportunity to accommodate a mix housing types within an existing subdivision.
The proposal makes efficient use of the land and existing infrastructure, provides for a range of
low rise residential housing types, provides an appropriate density and is in close proximity to
parks, open spaces, and a school.For these reasons, the proposed draft Plan of Subdivision
and Zone Change are consistent with the Growth Plan.
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Regional Official Policies Plan and Regional Official Plan
The subject lands are designated City Urban Area in the Regional Official Policies Plan (ROPP).
The ROPP aims to achieve a sustainable regional community. The ROPP provides policy
direction on a range of issues, including: land use, servicing, transportation, infrastructure
investment, economics, natural and cultural resources. These policies support the development
of complete communities with development patterns and densities that support walking, cycling
and transit.
The subject lands are also designated Urban Designated Greenfield Area in the Regional
Official Plan (ROP) approved in June 2009 but currently under appeal to the Ontario Municipal
Board. The ROP provides policy direction on managing growth. The ROP encourages the
creation of compact, vibrant and complete communities that are walkable and provide a good
mix of employment, housing, shopping and service needs. The ROP requires a minimum
density of 55 people and jobs per hectare measured over the entire greenfield area. The
proposed development plans to achieve a minimum of 45.2 and a maximum of 48.8 people and
jobs per hectare.
The proposed draft Plan of Subdivision and Zone Change applications represent a modest
intensification opportunity to accommodate a mix housing types within an existing subdivision.
The proposal makes efficient use of the land and existing infrastructure, provides for a range of
low rise residential housing types, provides an appropriate density and is in close proximity to
parks, open spaces, and a school.For these reasons, the proposed draft Plan of Subdivision
and Zone Change are consistent with the ROPP and ROP.
Municipal Policy Considerations
City of Kitchener Official Plan
The subject lands are designated Low Rise Residential in the Official Plan (OP). The Low Rise
Residential land use designation permits a range of housing types and forms with an overall low
intensity of use. The maximum net residential density is 25 units per hectare. The proposed
development plans to achieve a minimum of 13.7 and a maximum of 18 units per hectare.
The general housing policies of the OP encourage the City to identify and promote opportunities
for residential intensification and redevelopment as a cost-effective means to reduce
infrastructure and servicing costs and to minimize land consumption. The general housing
policies also encourage the creation of additional housing in existing developed areas, through
conversion, infill, and redevelopment as an appropriate response to changing housing needs
and to make better use of existing infrastructure and public service facilities. Furthermore, the
general housing policies outline criteria for infill development in existing neighbourhoods
requiring new buildings to be compatible, in terms of mass and scale, with the built form and
character of the surrounding neighbourhood.
The proposed draft Plan of Subdivision and Zone Change applications represent a modest
intensification opportunity to accommodate a mix housing types within an existing subdivision.
Lot sizes and housing types will be regulated by the proposed zoning, which is compatible with
the existing neighbourhood. The proposal makes efficient use of the land and existing
infrastructure, provides for a range of low rise residential housing types, provides an appropriate
density and is in close proximity to parks, open spaces, and a school.For these reasons, the
proposed draft Plan of Subdivision and Zone Change are consistent with the OP.
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City of Kitchener Growth Management Plan
The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed
effectively and that the City achieves the required density and intensification targets, while
accomplishing the desired built form and function which will enhance quality of life. The Growth
Management Plan is based on the principle that maximizing the use of existing infrastructure is
preferred and that planning for and implementing intensification is also a high priority.
The proposed draft Plan of Subdivision and Zone Change applications make use of existing
infrastructure and provide for a density and range of low rise residential housing types that are
compatible with the existing neighbourhood. For these reasons, the proposed draft Plan of
Subdivision and Zone Change comply with the KGMS.
Grand River South Community Plan
The Grand River South Community Plan (Plan) guides the development of the Grand River
South planning community. The subject lands are designated Community Institutional in the
Plan. The Community Institutional land use designation permits a range of uses, including:
religious institutions, health offices or clinics, educational establishments, veterinary services,
social servi
At the time of adoption of the Plan, the subject lands were located within the 30 Noise Exposure
Forecast (NEF) Contour approved by Transport Canada for the Waterloo Region International
Airport. As a result, the Community Institutional land use designation did not permit residential
uses because the subject lands were located in the area above the 30 NEF Contour. The
purpose of this restriction was to comply with the Provincial Policy Statement and protect the
airport from incompatible development. The Airport Master Plan prepared in 2000 updated the
NEF Contours. The subject lands are now located in the 25-30 NEF Contour where residential
uses are permitted subject to appropriate noise attenuation measures.
In light of the updated NEF Contours, staff is of the opinion that it is appropriate to amend the
Community Institutional designation in the Community Plan to permit residential uses.
Proposed Zone Change
Area 1 of the subject lands are zoned Community Institutional Zone (I-2) with Special Use
Provision 275U which prohibits sensitive land uses including residential uses. Area 2 of the
subject lands are zoned Community Institutional Zone (I-2) with Special Use Provision 275U
and Holding Provision 15HSR which restricts issuance of building permits until sanitary sewer
capacity is available. The applicant is proposing to change the zoning as follows:
Area 1: Community Institutional Zone (I-2) to permit the lands to be developed with single
detached dwellings, semi-detached dwellings, and/or street townhouse dwellings.
Area 2: Community Institutional Zone (I-2) to permit the lands to be developed with single
detached dwellings, semi-detached dwellings, and/or street townhouse dwellings.
Staff is of the opinion that the proposal to remove Special Use Provision 275U in order to permit
residential development is appropriate for the use of the land and is compatible with the
surrounding area.The Community Institutional Zone (I-2) typically permitsa variety of
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convenience commercial uses, institutional uses and residential uses. Special Use Provision
275U was put in place to restrict sensitive land uses including residential uses due to the Noise
Exposure Forecast (NEF) Contours associated with the Region of Waterloo International
Airport.
At the time of approval of the existing subdivision and zoning, the subject lands were located
within the 30 NEF Contour approved by Transport Canada for the Waterloo Region International
Airport. As a result, the Community Institutional land use designation within the Grand River
South Community Plan and Special Use Provision 275U under the Zoning By-law restricted
residential uses in order to comply with the Provincial Policy Statement and protect the airport
from incompatible development.The Airport Master Plan prepared in 2000 updated the NEF
Contours. The subject lands are now located in the 25-30 NEF Contour where residential uses
are permitted subject to appropriate noise attenuation measures. The Region of Waterloo has
requested a number of draft Plan of Subdivision approval conditions in order to address
appropriate noise attenuation measures. Since the NEF Contours have been updated and draft
Plan of Subdivision conditions to address noise are in place, staff is of the opinion that Special
Use Provision 275U may be removed and that residential uses may again be permitted.
Staff acknowledge the limited supply of institutional lands and the ongoing interest by various
religious groups for such lands within the City.Following preliminary circulation of the proposed
draft Plan of Subdivision and Zone Change applications, staff provided a list of potential
purchasers to the owner of the subject lands. The list of potential purchasers was not
exhaustive but rather included the names of religious groups who had been in contact with staff
over the last year. Staff also provided the contact information for the owner of the subject lands
to potential purchasers. Staff understand that potential purchasers were not interested in the
subject lands. One reason for the lack of interest may be the property location. Staff understand
that some religious groups have an interest in corner lots while others are specifically looking for
lands in southwest Kitchener. Staff note that the proposed zoning continues to permit
institutional uses, including religious uses. Staff also note that the City is currently undergoing
an Official Plan Review, which will be followed by a comprehensive update to the Zoning By-
law. Both processes will consider the need for institutional lands across the City.
Staff is of the opinion that the proposal to remove Holding Provision 15HSR in order to permit
residential development is appropriate for the use of the land and is compatible with the
surrounding area. Holding Provision 15HSR was put in place to restrict development until such
time as sanitary sewer capacity is available. Engineering staff have advised that sufficient
sanitary capacity is available. As a result, staff is of the opinion the Holding Provision 15HSR
may be removed.
The proposed Zone Change application is in keeping with the general intent of the Official Plan,
Regional Official Policies Plan, and Growth Plan for the Greater Golden Horseshoe, and is
consistent with the Provincial Policy Statement with respect to housing supply and residential
intensification by providing a range of housing types at an overall low intensity of use in close
proximity to parks, open spaces and a school.
Staff recommend that the proposed Zone Change attached to Appendix of this report be
approved by Council.
Proposed Draft Plan of Subdivision
Subdivision Design
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The proposed plan of subdivision includes one cul-de-sac with 25-33 residential dwellings,
consisting of single detached dwellings, semi-detached dwellings, street townhouse dwellings,
or a combination of these. The minimum and maximum dwelling count create a density range of
13.7 to 18 people and jobs per hectare.
Hydrogeology and Source Water Protection
The Region of Waterloo has identified the property as being situated within a sensitive Wellhead
Protection Area. The area is vulnerable and sensitive to groundwater contamination and must
be protected. Since geothermal systems can transport contamination, the Region has requested
that below grade geothermal wells be prohibited.The Region has also requested that
implementation of the final SWM design be secured through conditions of draft Plan of
Subdivision approval. These requests have been addressed by adding:
(1) Special Regulation Provision 597R to the subject lands, which prohibits the installation of
geothermal systems; and,
(2) Conditions of draft Plan of Subdivision approval that require infiltration galleries for the
individual lots; require the distribution of salt management and at source infiltration
literature to new homeowners; and, prohibit the use of below grade geothermal wells.
Stormwater Management
The property was included in the stormwater management strategy for Registered Plan 58M-
373 (30T-97013). Stormwater management can be accommodated through the control and
treatment of runoff to the existing storm sewer network or the existing stormwater management
pond. Due to the presence of sand and gravel deposits infiltration galleries for each lot will be
required through conditions of draft Plan of Subdivision approval.
Sanitary/Water Servicing
All lots will be serviced with municipal sanitary sewers and watermains in accordance with City
standards. The existing municipal sanitary sewers and watermains on Eden Oak Trail have
sufficient capacity to service the property. The sanitary sewer will gravity drain to the existing
manhole and sewer at the intersection of Eden Oak Court and Eden Oak Trail. The watermain
will be extended to provide both potable water and firefighting service. High water pressure will
require the implementation of pressure-reducing valves (PRV) through conditions of draft Plan
of Subdivision approval.
Noise
The lands are located in proximity to one of the flight paths of the Waterloo Region International
Airport. As a result, the Region has requested conditions including warning clauses and signage
to inform purchasers of the proximity of airport lands. In addition, all dwellings within the plan
must be designed with forced air-ducted heating systems to allow the future installation of air-
conditioning by occupants, and with special building components to help mitigate noise. Noise
mitigation and warning measures will be implemented through conditions of draft Plan of
Subdivision approval.
Other Materials and Information
Planning Report
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A Planning Report prepared by MHBC Limited dated October 4, 2011 was submitted to support
the proposed draft Plan of Subdivision and Zone Change applications. The Report provides a
rationale for the proposed draft Plan of Subdivision and Zoning Change applications. The
Report concludes that the proposed draft Plan of Subdivision and Zone Change applications:
are consistent with the Provincial Policy Statement; in conformity with the Growth Plan for the
Greater Golden Horseshoe; in compliance with applicable Provincial Guidelines (e.g. noise);
and, in conformity with the approved Regional Official Policies Plan and City of Kitchener Official
Plan. Staff agree with the conclusions of this Report.
Agency Comments
Any requirements have been addressed or are included as conditions of draft Plan of
Subdivision approval.
Community Input
In response to the preliminary circulation of the applications, staff received two written
responses.The first response identified a preference for the subject lands to be used for park
space. The subject lands are located directly adjacent to a 4.3 acre City park and within walking
distance to existing and proposed connections to the Walter Bean Trail. Staff are of the opinion
that additional park space is not required in the area. The second response identified a
preference for residential uses over commercial but felt that only single detached dwellings
should be permitted. Adjacent properties to the north are zoned Residential Three (R-3), which
permits single detached dwellings. Adjacent properties to the west are zoned Residential Four
(R-4), which permits single detached and semi-detached dwellings. Adjacent properties to the
east are zoned Residential Six (R-6), which permits single detached, semi-detached and street
townhouse dwellings. In light of adjacent zoning and existing Provincial, Regional and Municipal
density targets, staff are of the opinion that single detached, semi-detached and street
townhouse dwellings are appropriate housing types for the subject lands.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The proposed draft Plan of Subdivision and ZoneChange applications will allow for the
intensification of the property by providing a range of housing typesat an overall low intensity of
use in close proximity to parks, open spaces and a school. This aligns with theKitchener
Strategic Plan as it ensures the implementation of the community priority -.
FINANCIAL IMPLICATIONS:
Upon registration, there will be ongoing operational costs for the maintenance of the street,
street trees and underground services. In the long term, there will be repair and replacement
costs for the street, sidewalks and services.
COMMUNITY ENGAGEMENT:
The proposed draft Plan of Subdivision and Zone Change applications were circulated to City
departments, outside commenting agencies and property owners within 120 metres of the
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subject lands on July 4, 2012. Notice signs were placed on the subject lands advising of the
applications. In response to the circulation of the draft Plan of Subdivision andZone Change
applications staff received two written responses. Comments have been addressed in the
Community Input Section of this report. Notice of the Public Meeting will be advertised in The
Record on May 3, 2013.
CONCLUSION:
The issues identified through the preliminary circulation have been included as conditions of
draft Plan of Subdivision approval, as necessary, or as special regulation provisions in the
zoning. The draft Plan of Subdivision represents proper and orderly development of the City and
considers the criteria identified in Section 51(24) of the Planning Act for the subdivision of land.
This plan meets density requirements as set out in the City, Regional and Provincial policies
and incorporates urban design principles. The zoning is compatible with the surrounding
neighbourhood.
Based on the foregoing, the draft Plan of Subdivision and Zone Change applications are
considered appropriate. Staff consider this good planning and recommend that draft Plan of
Subdivision 30T-12201 and Zone Change application ZC12/12/E/KA be approved by Council.
Reviewed By:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY:
Michael May, Deputy CAO
Community Services Department
Attachments
Draft Plan of Subdivision
-law and Map 1
Public Comments
Newspaper Advertisement
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PROPOSED BY LAW
April 5, 2013
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
Hallman Construction Ltd. Eden Oak Court)
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.271 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 Community
Institutional Zone (I-2) with Special Use Provision 275U to Community Institutional
Zone (I-2) with Special Regulation Provision 597R.
2. Schedule -law Number 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Community
Institutional Zone (I-2) with Special Use Provision 275U and Holding Provision
15HSR to Community Institutional Zone (I-2) with Special Regulation Provision
597R.
3. Schedule No. 271 -law Number 85-1is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1
attached hereto.
PASSED at the Council Chambers in the City of Kitchener this
day of ,2013
_____________________________
Mayor
_____________________________
Clerk
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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
INSERT MAP
Eden Oak Trail
The City of Kitchener has received applications for a Draft Plan of Subdivision and Zone Change proposing a
residential subdivision in the form of a cul-de-sac with 25-33 residential dwellings consisting of single detached,
semi-detached and/or streettownhouse dwellings. The subject lands are 1.825 hectares in size and are
designated Low Rise Residential in the City of Kitchener Official Plan. The lands are proposed to be rezoned from
Community Institutional Zone (I-2) with Special Use Provision 275U or Community Institutional Zone (I-2) with
Holding Provision 15HSR to Community Institutional Zone (I-2) with Special Regulation Provision 597R to permit
the proposed residential uses.
Planning & Strategic Initiatives Committee
The public meeting will be held by the , a Committee of Council
which deals with planning matters on:
MONDAY, MAY 27, 2013 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
If a person or public body that files a notice of appeal of a
in opposition, to the above noted proposal.
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
th
click on the meeting date in the Calendar of Events), or in person at the Planning Division, 6 Floor, City Hall, 200
King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Michelle Drake,
Planner - 519-741-2200 ext. 7839 (TTY: 1-866-969-9994),michelle.drake@kitchener.ca
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