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HomeMy WebLinkAboutCSD-16-040 - Draft Plan of Subdivision - 30T-12203 - Zone Change Application ZC12-17-C-JVW + REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: June 13, 2016 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Juliane vonWesterholt, Senior Planner, 519-741-2200 ext. 7157 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: May 9, 2016 REPORT NO.: CSD-16-040 SUBJECT: PLAN OF SUBDIVISION 30T-12203 ZONING BY-LAW AMENDMENT ZC12/17/C/JVW CHALON ESTATES ___________________________________________________________________ EXECUTIVE SUMMARY: The owner, Chalon Estates,is seeking approval of a Plan of Subdivision and a Zone Change to allow the subject lands to be developed with a range of residential uses including single detached dwellings, semi-detached dwellings, street fronting townhouses, as well as multiple dwelling units. In addition, the subject lands will be supported by public parks and anopen *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance 1 - 1 space trail system throughout the subdivision. Staff supports the proposed Plan of Subdivision and associated Zone Change, subject to the conditions outlined in this report. RECOMMENDATION: A. 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-12203 as provided in Appendix , in the City of Kitchener, for Chalon Estates, AND FURTHER, B. That Zone Change Application ZC/12/17/C/JVW (Chalon Estates) requesting a change in zoning from Agricultural Zone (A-1) to Residential Three Zone (R- 3),Residential Four Zone (R-4), Residential Six Zone(R-6), Public Park Zone (P-1), Open Space Zone(P-2), Hazard Lands (P-3) be approved in the form shown in the -May 9, 2016 attached to Community Services Department Report CSD-16-040 as Appendix B BACKGROUND: The subject property is owned by Chalon Estates and applications for a Plan of Subdivision and a Zone Change were submitted by MHBC Planning in 2012. The subject property has an area of 6.194 hectares and frontage along Caryndale Drive and proposed realignment of Robert Ferrie Drive. The subject property is located within the Ci designated Low Rise Residential and Open Space. The subject property is currently zoned Agricultural (A-1). The subject lands are currently vacant and are situated in the Doon South Community Plan and are one of the last remaining parcels of land to be developed within this planning community. The lands can be characterized as predominantly cultivated agricultural land containinga small regionallysignificant wetlandcomplexin the northwest corner of the property. The owner is proposing to develop the lands with up to a maximum of 105 residential units consisting of a mix of single detached, semi-detached, street townhouse, as well as multiple dwellings. The lands will also have parks and anopen space trail network. A change in zoning toResidential,Three(R-3)Residential Four(R-4), andResidential Six (R-6), Parks (P-1), Open Space (P-2), Hazard Lands (P-3)has been requested to implement the proposed subdivision. Applications for plan of subdivision and zone change were received in 2012. The applications were deemed complete and circulated. Comments received from the initial circulation resulted in one re-circulation of the plan in 2014. However, staff was unable to finalize a recommendation on the application until the alignment of the Robert Ferrie Drive extension west of Caryndale Drive had been determined by an Environmental Assessment (EA). Since the receipt of the application, the lands located at 500 Stauffer Drive had been designated under the Ontario Heritage Act as a cultural heritage resource and as a result, the extension of Robert Ferrie Drive west of Caryndale could not transect this property, as it was originally conceptually shown on Maps 4 and 5 of The City of Kitchener Official Plan. An Environmental Assessment to determine the alignment of the extension of Robert Ferrie Drive subsequently undertaken by the City as part of an integrated approach with an Official Plan Amendment. 1 - 2 The subject applications for Plan of Subdivision and zone change were held in abeyance until the completion of the EA. The City of Kitchener commenced the Robert Ferrie Drive Environmental Assessment (EA) in the late fall of 2013 and completed the EA in June of 2014 th with a preferred alignment for the road extension. The EA was presented to Council on June 9, 2014 where it received approval. The EA was then subject to a 45 day viewing period with the MOEE and no Part II orders were received by the Ministry or the City and the EA was completed in August of 2014. The Region subsequently approved Official Plan Amendment 102, which changed Maps 4 and 5 in The City of Kitchener Official Plan showing the new preferred alignment for the Robert Ferrie Drive extension. No appeals were received on the approval of the Official Plan Amendment. The new preferred alignment resulted from a significant amount of public consultation and was intended to address the concern over traffic and safety at the intersection of Caryndale Drive with the proposed extension of Robert Ferrie Drive. Since then, discussions with staff and the applicants have been ongoing regarding the resolution of issues concerning the subject application. The plan has been revised and recirculated to show the new alignment of Robert Ferrie Drive and Caryndale Drive that avoids 500 Stauffer Drive and preserves the cultural heritage landscape. Following the re-circulation of the applications, and based on the content of the comments th raised at the neighbourhood information meeting held March 24, 2015 and a follow-up meeting th with the community members and the Ward Councillor held on January 20,2016, the owner revised the requested amendment and zone change so that they are now proposing fewer multiple residential units in the multiple block. Originally a maximum of 80 units was proposed and now 66 units are proposed. In addition, to address the concern for traffic and safety the plan will have a narrower carriageway where this plan connects to the existing Chapel Hill Drive. Also, the owner proposes to have a 10 metre heavily landscaped strip adjacent to the Open Space Hydro Corridor Block 10 in order to provide additional privacy to the residence at 191 Chapel Hill Drive which backs onto the open space corridor. REPORT: The subject lands are located in the Doon South Community adjacent to the Caryndale Community to the north and the LVH Plan of Subdivision to the South. Lands to the west include the 500 Stauffer Drive property which has been designated as Cultural Heritage Landscape property,as well as other lands for future development, while lands to the east are predominantly developed with low rise residential subdivisions. The Hydro corridor transects this property through the middle and the new realigned extension of Robert Ferrie Drive and both the north and south portions of Caryndale Drive form the western boundary of the subject lands.The applicant is proposing a residential subdivision comprised of a variety of housing options including single detached, semi-detached and town house units, all of which are intended for private ownership. The proposed plan of subdivision consists of a maximum total of 105 units for the 6.19 hectares property. The property will also contain trails, and a storm water management facility that will service both this plan as well as the LVH plan of subdivision to the south which received draft plan approval August 11, 2015 at the Ontario Municipal Board. Provincial and Regional Policy Conformity Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities. Specific policies promote the efficient development of lands; the provision of a range of housing types, institutional lands, parks and open spaces to meet long-term needs; avoiding development that 1 - 3 may cause environmental, public health or safety concerns; and providing land use patterns that are transit supportive, and that support active transportation, including the provision of trails and linkages. The proposed development is consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are designated as part of the Designated Greenfield Area as defined by the 2006 Growth Plan for the Greater Golden Horseshoe.The Growth Plan new development taking pace in designated greenfield areas will be planned, designated, zoned and designed in a manner that contributes to creating complete communities, creates density and urban forms that support walking, cycling, and which provide a mix of residential housing types. Regional Official Plan & Regional Official Policies Plan The subject lands are within the Urban Area established in the Regional Official Plan & the Regional Official Policies Plan. Regional policies generally promote the establishment of a full range of housing types, efficient land use patterns and land use patterns that support alternative modes of transportation including transit, walking and cycling. The proposed Plan of Subdivision and Zone Change applications conforms to the Regional Official Plan or Regional Official Policies Plan. Designated Greenfield Areas are required to achieve a density of 55 people and jobs per hectare overall. This plan is achieving a density of 42.27 persons per hectare. While there is a small potential for the creation of home business type jobs, this density is still below the Regional requirement of 55 persons and jobs per hectare. However, the 55 persons and jobs per hectare is averaged across the City and this lower density is appropriate and compatible for the development of this small property which is adjacent to the Caryndale Community. It is also important to note that the shortfall in achieving the overall 55 persons and jobs per hectare in density in this area of the City will have to be compensated for in other areas of the City, so that the targets as set by the Region will be achieved. Regional Staff supports the draft plan approval of this plan of subdivision. Municipal Policy Considerations Official Plan Designation (in effect) The subject lands Official Plan. Low Rise Residential districts shall accommodate a full range of housing typesat a maximum density of 25 units per hectare as well as other compatible non-residential uses. In these districts the City favours the mixing and integration of different forms of housing to achieve anoverall low intensity of use.The proposed range ofresidential, park and open space,and neighbourhood commercial uses under consideration conforms to the Low Rise Residential designation established in the Doon South Community Plan. The proposed densityrange of7.1 units per hectare to 16.95 units per hectare is significantly lower than the maximum density target of 25 units per hectare. It is important to note that the 25 units per hectare target is considered city wide which results in some areas achieving densities that exceed the target of 25 units per hectare while other areas do not exceedthis target. New Official Plan (under appeal) The subject lands are designated primarily Low Rise Residential with some Natural Heritage Conservation in Designation accommodates a full range of housing types at an overall low intensity of use. The proposed residential uses conform to the designation in this plan. The Natural Heritage Conservation is comprised of the Strasburg 1 - 4 Creek Provincially Significant Wetland Complex, Locally Significant Valleyland and the headwaters of Doon South Creek (Evens Pond), which is a coolwater aquatic system. Doon South Communty Plan The subject lands are designated Low Rise Residential and Open Space in the Doon South Community Plan which has been incorporated as a Special Policy Area in the existing Official Plan. The proposed plan of subdivision is consistent with the land use designations and policies contained in the community plan. In the Doon South Community Plan, residential subdivisions were always contemplated for this area. These lands have been designated for residential use since the adoption of the current official plan. This plan is the last remaining plan of subdivision within the Doon South Community Plan and will complete this community. The strategy outlines where new development will take place within our city to ensure it's complementary to our community priorities, and aligned with our future infrastructure investments means the City places a higher emphasis in bringing these lands into municipal approval for development. Proposed Zoning By-law Amendment In order to provide a better transition from the older Caryndale community and the earlier stages of the Chalon community, the applicant is proposing a Residential Three (R-3) zone for the lots along the cul-de sac which back onto the existing subdivision to the north. These single detached lots will have larger frontages and area, which is more compatible with the existing homes and lots along Stafford Lane and Chapel Hill Drive. In addition, the applicant is proposing a Residential Four (R-4) zone for Block Three which will back onto the Hydro corridor and is internal to this plan. These too will be comprised of single detached residential uses which will be situated on slightly smaller lots than those backing onto Stafford Lane. These smaller single detached lots will also provide a transition from the larger lots in Block 4 to the proposed stack town houses in Block 7. The lands south of the hydro corridor will be zoned as Residential Six (R-6) which permits multiples up to three storeys, singles, semi-detached homes and townhomes. Multiple residential uses are proposed for Block 7 which will be in the form of stacked townhouses. This site will require Site Plan approval and will have to adhere to the Urban Design Guidelines that will form part of a complete application for site plan approval for this site, thus ensuring that the built form will be of high quality design and is compatible with the character of the neighbourhood. In addition, a small block of street fronting towns are also proposed for Block 6 on Chapel Hill Drive extension. This will result in approximately 4 to 6 units and will also provide additional more affordable housing options for the residents of the Chalon Community. The area comprised of Block 14 contains a provincially significant wetland complex. An EIS was submitted as part of this application and was reviewed and approved. In order to ensure the protection of the wetland complex, no trail will be proposed through the wetland feature. The trail will be located along the hydro corridor and through the existing Chalon Subdivision to the north. The lands will be zoned P-3 Hazard lands in order to protect these environmental features from any potential impacts from development. 1 - 5 Block 15 of the Plan will be zoned an Open Space Zone P-2 in order to recognize its intended use as a storm water management (SWM) pond. The SWM pond is intended to service both this plan as well as the LVH Plan 30T-12202 to the south which is already draft approved. The pond has been sized accordingly to service these two plans. Planning Analysis: In considering the foregoing, Staff is supportive of the proposed Plan of Subdivision and Zone Change and is of the opinion that the proposed plan and range of housing options is appropriate for the development and use of the lands within the context of the surrounding neighbourhood. It provides a housing choice and variety is good for a community.The Urban Design Guidelines will further help to ensure a high quality design and compatibility with the surrounding community through the site plan approval process.Concerns over traffic and safety within the community have been addressed through the realignment of Robert Ferrie Drive and Caryndale Drive as well as the proposed traffic calming measures along Chapel Hill Drive. The proposed Plan of Subdivision and Zoning Bylaw Amendment are consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Staff is of the opinion that the proposed Plan of Subdivision and Zone Change represent good planning. Planning Analysis: In the opinion of staff, the application to approve the plan of subdivision is considered good planning for the following reasons: Staff is satisfied with the technical review and has incorporated any requirements through conditions of approval. It has undergone an extensive public consultation review process, including the consultation during the Robert Ferrie Drive EA process resulting in fair, balanced and positive change to the plan. The proposed changes to the plan provide for a variety of housing types considered compatible and desirable in a low rise residential area catering to all home buyers. Proper transition of housing types is achieved through the increase in lot sizes to promote compatibility with existing larger lot residential areas. There is improved pedestrian and trail connectivity. Environmental Features in the plan are protected through appropriate zoning. There is improved traffic flow and traffic calming with the introduction of new intersection design at Robert Ferrie Drive and Caryndale Road and traffic calming measures installed along Chapel Hill Drive . Completion of the road network through the development of this plan and the plan to the south will assist in diverting traffic away from the Caryndale Drive and direct it toward Strasburg Road. In considering the foregoing, staff is recommending the approval of the zone change application andthe Draft Plan of Subdivision, 30T-12203. AGENCY COMMENTS: Commenting agencies and City departments have no concerns with the proposed Official Plan Amendment or Zone Change. Special Policies, Special Regulation Provisions and Special Use Provisions have been added as appropriate. 1 - 6 NEIGHBOURHOOD COMMENTS : As a result of the preliminary circulation of the Plan of Subdivision and Zone Change applications in 2012, staff received numerous written responses from nearby property owners. The concerns raised relate to the impacts of increased volume of traffic, compatibility of the development with the Caryndale community, concern over density, size of the lots, pedestrian safety, property values, low income housing, student housing and infrastructure needed to support the development. The plan was placed on hold pending the completion of the Robert Ferrie Drive Extension Environmental Assessment (EA) process which the City undertook in late fall of 2013 and finally completed and approved in June of 2014. The Robert Ferrie Drive EA process was a public process with 3 Public Information Centres that were held as well as 2 additional opportunities for public input at Planning and Strategic Initiatives Committee and Council in June of 2014. The Plan was redesigned to reflect the revised alignment for the extension of Robert Ferrie Drive to Strasburg Road and was recirculated in the Fall of 2014 for comment to the agencies, departments and the public. A Neighbourhood Information Meeting was held on March 24, 2015. Many of the same concerns were raised as mentioned in the first circulation. Since then,there have beenseveral meetings with Staff and the applicant to develop solutions for the concerns raised. In addition, a small working group representing the residents and including the local Ward Councillor was formed to work with the applicant on resolution of issues. A meeting was held with the resident th group on January 20, 2016. The meeting with the residents was very productive and solution oriented. The list below describes the initiatives and/ or solutions that are proposed in order to address the concerns of the residents. Traffic in area Concerns were raised over the traffic in the area and problems associated with congested streets and pedestrian safety. Residents wanted to know what was done to assess the traffic in the area and the capacity of the road network to accommodate any increase in traffic resulting from development of these lands. A Traffic Impact Study (TIS) was not required by staff to support of the application as the property is very small (only 6.194 hectares in size) and the potential traffic that would be generated from the development of this lot was contemplated by broader traffic studies recently conducted in this area as part of the planning for the Doon South Planning Community and as part of the Environmental Assessment (EA) conducted in 2013-2014 for the extension of Robert Ferrie Drive west of its current terminus at Evens Pond Crescent to Strasburg Road. These studies have Transportation Services staff. These studies determined that there is sufficient capacity on Caryndale Drive and Robert Ferrie Drive to accommodate any traffic generated from the proposed development and that surrounding intersections will operate at acceptable levels. It also noted that traffic onto Chapel Hill Drive will cater largely to local needs and not broader community traffic. City Transportation Planning staff is satisfied that the road design which implements the realignment of the intersection of Robert Ferrie Drive and Caryndale Road as well as the complete road network within this plan will accommodate the traffic generated by this plan and once constructed will contribute positively to the traffic movements in the entire Doon South/Brigadoon area. 1 - 7 Pedestrian Safety Pedestrian Safety was raised as a concern in the correspondence received and at the Neighbourhood Meeting.Regarding pedestrian safety, the realignment of the intersection of Robert Ferrie Drive was considered as part of the EA for the road extension and was specifically intended to address safety concerns raised by residents of this community at the time of the EA. In addition, the City will be requiring sidewalks along one side of the roads within this plan of subdivision in order to improve safety and walkability. Discussions with the developer about this community concern has included implementation of traffic calming measures such as narrowing of the street width along Chapel Hill at the trail crossing in order to reduce speed and discourage through traffic from spilling onto the local streets and to improve the safety in this community. Staff is satisfied that the issue regarding pedestrian safety has been adequately addressed through the measures mentioned. Transportation Services Staff has confirmed that Cultural Heritage Resource (Compatibility) As noted above, the sidewalk will be provided only on the south and west side of Chapel Hill Drive with a paved 4 metre wide multi-use pathway to be provided on the opposite north side of Chapel Hill Drive. This cross section for the right of way will be more in keeping with the somewhat rural cross section (no sidewalks) to the north of this plan in the Caryndale Community and will provide a transition to the more urban cross section with lands to the south in the LVH plan which will have sidewalks on both sides of the road. In turn, this will make the development more compatible with the community without compromising public safety and supports cultural heritage objectives. Infrastructure: A question was expressed to staff at the Neighbourhood Information Meeting about the adequacy of the services to accommodate the proposed development. Services Division has indicated that there are no concerns with water capacity and storm water management for the development of the subject lands and has further indicated that these details are addressed through appropriate conditions of draft plan approval or during the detailed site design stage of the subdivision review. Compatiblity/Density/ Size of Lots Concerns were raised by the residents regarding compatibility of this proposed development with respect to density and the size of proposed lots relative to existing lots and the proposed town house use with the single detached uses currently predominant to the Caryndale community. The applicant is proposing to permit a maximum height of 3 stories or 10.5 metres for multiple residential buildings. The proposed heights will be consistent with existing and surrounding low rise development and Planning staff is of the opinion that the proposed height is appropriate for this site. This height is consistent with what is currently permitted in the Low Rise Residential designation. The proposed multiple Block 7 backs onto the realigned intersection of Robert Ferrie Drive and Caryndale Drive and will only have access onto Chapel Hill Drive thus not increasing traffic onto Caryndale Drive. The newly realigned intersection forms the western boundary of the property and due to the proximity to the actual intersection to the Block 7, access will not be obtained from Robert Ferrie Drive. This block is located away from the existing community to avoid any perceived compatibility issues. The siting of this form of housing at this location may also 1 - 8 eliminate the need for a future noise wall, which could be undesirable and would require costly longterm maintenance. The surrounding lands contain the Hydro Corridor to the north and residential uses to the south and east of the block. The proposed zoning regulations require that buildings with heights of 3 stories (10.5 metres) will be required to be setback further from the street-line to allow for a consistent streetscape with the existing development along Caryndale Drive. that these zoning regulations will assist in creating a development that is more consistent with the existing pattern of development. As for orientation of the stacked townhouse, since the back of the stacked townhouse proposed for Block 7 will be facing Robert Ferrie Drive, extra attention to use of building materials and building articulation will be required in order to ensure compatibility with the Caryndale community. In addition, a Design Brief will be required at the Site Plan Approval stage as part of a complete application to address site specific considerations such as the architectural style, the elevations, the use of materials, building articulation and orientation, landscaping, buffering of the multiple site from adjacent lands, on-site parking as well as scale and massing of the building that will be compatible with the existing low density Caryndale Community. Staff will be implementing these Design Guidelines contained in the Design Brief through the Site Plan approval process .The stacked townhouse style structure will have a maximum of 3 storeys and a height of 10.5 metres and will have a consistent setback along Caryndale Road in order to ensure that the design of these multiples is in keeping with the character of the area. In addition, the Urban Design Brief will look at the provision of an intensive landscaping buffer to provide screening along the hydro corridor Block 10, so as to minimize any visual impacts to the land owner at 191 Chapel Hill Drive. Crime Prevention through Environmental Design principles are also required to be incorporated into the future development of the lands. Density Concerns were expressed regarding the density of the proposed development. With respect to the density proposed, the site is proposing a density of 42.27 persons per hectare which is below the Regional requirement of 55 persons and jobs per hectare. However, this is averaged across the City and this lower density is appropriate and compatible with this small property adjacent to the Caryndale Community. The density of the site Plan is also well below the density requirements for the Low Rise Residential land use designation which is set at 25 units per hectare. The proposed density of this site ranges between 7.1 and 16.9 units per hectare. In this regard, staff is of the opinion that the proposed density is compatible with that of the existing character of the Caryndale Community. Furthermore, it is not desirable to have all areas of the city at the maximum density target as this does not create diversity and may not be appropriate in certain areas. Lot Sizes Concerns were also expressed over the size of the lots in this proposed plan relative to the existing larger lots in the original Caryndale community.In terms of the lot sizes proposed for the plan of subdivision, the plan will consist of a mix of lot sizes. The plan proposes larger lot singles around the cul-de sac as these lots will back onto the existing Chalon Plan to the north and will be more compatible with the lot sizes that exist along Stafford Lane. This plan is fully serviced with municipal services and as such, some smaller lots are also permitted by the R-4 and R-6 zoning proposed for the remainder of the site. These will provide a transition from the larger lots located to the north and the smaller lots proposed in the LVH Plan of Subdivision already draft approved to the south. 1 - 9 A variety of lot sizes provides several housing options to the future inhabitants of this community and is consistent with broader planning objectives. Planning staff is of the opinion that appropriate consideration for the transition of larger lot single detached homes was provided for with the mix of lot sizes proposed in this plan. Also, worthy of mention is that many of the homes in the original Caryndale community may have also been of a larger size due to the need to accommodate private services on the site. As these proposed lots are all fully serviced, the lot sizes can be somewhat smaller than the former estate sized lots. Property Values/ Low Income Housing/Student Housing: Residents have also raised concerns that the proposed developments may impact their property values. It is difficult for planning staff to comment accurately on the impact that a proposed development may have on the value of nearby homes. Planning staff understands that MPAC assesses homes based on as many as 200 different factors ranging from the size of the house and lot, tothe number of bathrooms and quality of the construction. Market values also depend on a host of different factors including the state of the econo preferences. Planning staff does not consider market value to be a land use planning matter. Planning staff focus on whether the development is good planning with respect to the community as a whole. The proposed development, as discussed in previous sections, helps to achieve a number of development goals set out in the Official Plan and the Kitchener Growth Management Strategy. Additional concerns were expressed over the potential for these proposed lots to become student housing or low income housing. With respect to the concerns raised over Low Income Housing and Student Housing, the developer has indicated that the housing to be provided as part of this development will be of excellent quality and materials. The intention of the Chalon Community is to provide for a variety of housing options (size and affordability) so that its own community members may be able to remain in the area as their needs or financial means change. The Chalon representatives have expressed a desire to have their own children remain in the area or that their aging parents may age in place. This is more achievable when the community has a variety of housing options in terms of size and price. The developer has indicated that there is no intention to construct purpose built student housing as part of this development. Staff can also confirm that recommendations made on this plan of subdivision are based on land use planning matters and do not consider the potential users of the site as this would be discriminatory. Impacts to Property at 191 Chapel Hill Concern was raised at the Neighbourhood Information Meeting by the owner regarding the visual impact to their property and privacy.As mentioned above potential impacts to the property at 191 Chapel Hill will be mitigated through the provision of a 10 metre wide landscaped strip adjacent to the west side of the hydro corridor in order to screen the development of Block 7 from this most adjacent property.In addition, the width of the hydro corridor itself is significant which should also assist in mitigating any impacts to the property owners at 191 Chapel Hill. Staff is satisfied that this measure suggested by the applicant will appropriately address the concern raised. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. 1 - 10 FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with these recommendations. COMMUNITY ENGAGEMENT: Inform and Consult Preliminary circulation of the Plan of Subdivision and Zone Change was undertaken on December 18, 2012 to agencies and to all property owners within 120 metres of the subject lands. As a result of the circulation, staff received written responses from several property owners which are addressed in this report. Since the initial circulation, a second circulation was conducted in January 2015 to reflect the new alignment of the Robert Ferrie Drive and Caryndale Road intersection realignment as per the EA and a Neighbourhood Information th Meeting was held on March 24, 2015. Several concerns were raised at this meeting and were addressed in the Neighbourhood Comments section of this report. In efforts to resolve the concerns of the residents a small neighbourhood working group was formed. This working group represented the neighbourhood at a subsequent meeting with the applicant and City Staff and the Ward Councillor held on January 20, 2016. Staff was able to resolve the remaining issues through the discussions and the inclusion of appropriate draft plan conditions. All residents who provided comments and those residents within 120 metres of the subject lands will be mailed notice of the public meeting, and notice of the public meeting will th appear in The Record on May 20, 2016 in accordance with the public participation policy. The themes of the Community Engagement Strategy. CONCLUSION: City of Kitchener staff supports both the proposed Plan of Subdivision and Zone Change applications. Staff is of the opinion that the proposed range of housing options is desirable for the future development of the subject lands and that the proposed regulations and urban design brief will ensure that the subject lands develop appropriately within the context of the surrounding neighbourhood. The requested Plan of Subdivision and Zoning Bylaw Amendment are consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Planning staff recommends that Plan of Subdivision application 30T-12203 and Zoning By-law Amendment application ZC12/17/C/JVW be approved. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Attachments: Plan of Subdivision and Conditions -law & Map 1 CNotice Comments 1 - 11 1 - 12 -12203 That this approval applies to Plan of Subdivision 30T-12203 for Chalon Estates as shown on the attached Plan of Subdivision prepared by the MHBC Planning dated May 10th, 2016 which shows the following: Stage 1 Min./Max. Blocks 1-6, Residential (Single/semis/street townhomes) 25-39 Blocks 7 Multiple Residential (stacked townhomes) 19-66 Blocks 8,9 Park Blocks 10-14 Open Space Block 15 Storm Water Management Block 16 Future development (road) Block 17 0.3 m Reserve PART 1. STANDARD RESIDENTIAL SUBDIVISION AGREEMENT : 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (LVH Developments (DC) Inc.) regarding the lands shown outlined on the th attached Plan of Subdivision dated May 10, 2016 which shall contain the following special conditions: Section 2 Prior to Area Grading 2.15 The SUBDIVIDER shall submit for review a detailed Geotechnical and Hydrogeological Investigation Report prior to area grading that discusses the suitability of soils to support the infiltration measures proposed to the satisfaction 2.16 The SUBDIVIDER agrees that all detailed design drawings and grading plans for all park and open space and trail corridor blocks within the plan of subdivision shall be prepared, submitted, reviewed and approved as a component of the grading and engineering infrastructure drawings submissions, to the satisfaction Director of Operations. Furthermore, the SUBDIVIDER agrees that the construction of all parks and trails within the plan of subdivision will generally occur at the same time as other engineering infrastructure construction such as roads and grading, including all grading and granular base courses, to the 1 - 13 Section 3 Prior to Servicing 3.17 Prior to registrationor servicing whichever comes first, the SUBDIVIDER agrees to design the neighbourhood Park Blocks 8 and 9 Director of Operations. The SUBDIVIDER further agrees to complete construction of the neighbourhood parks within one year of registration or servicing,whichever occurs first.Allconstruction costsincluding the cost of applicable works such as playground equipment shall be paid for by the SUBDIVIDER. 3.18 Prior to servicing, the SUBDIVIDER agrees to enter into an agreement with adjacent land owners to the south for lands referred to as draft plan (30T-12202 LVH Developments Inc.) which outlines the cost and maintenance responsibilities for the construction of the storm water management facility that is to service both the subject lands (30T-12203 and 30T-12202) prior to the conveyance thereof to the City of Kitchener. The SUBDIVIDER shall demonstrate to the Director of Engineering that the mechanisms for the cost sharing of the construction of the Storm Water Management facility are in place and this may involve an arrangement between both the land owners. A copy of the agreement shall be provided to the City Solicitor and all costs associated with the agreement shall be the sole responsibility of the SUBDIVIDERS. 3.19 Prior to the Servicing or Registration, whichever shall occur first, of each stage, the SUBDIVIDER shall prepare an On-Street Parking Plan and a Signage and Transportation Services, i -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 with 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 a shall show all required Regulatory, Warning, Information signs and Pavement Markings where applicable in accordance with the Ontario Traffic Manual. 3.20 The SUBDIVIDER agrees that prior to servicing to construct the entire intersection of Robert Ferrie Drive and Caryndale Drive including the north and south segments of the Caryndale Drive re-alignment as approved in the Robert Ferrie Drive EA (June 2014) and as shown as parts on a Reference Plan. This shall be at the cost of the SUBDIVIDER(s) as per the cost sharing arrangements made amongst all the landowners to the satisfaction of the Director of Engineering Services. In addition, a 0.3 metre reserve shall be placed along Block 7 along Robert Ferrie Drive and shall be lifted once the intersection improvements as noted above are completed to the satisfaction of the Director of Engineering Services in consultation with the Director Transportation Services. 3.21 The SUBDIVIDER shall prepare a detailed engineering design for Stormwater regulatory agencies. 1 - 14 3.22 The SUBDIVIDER agrees that prior to servicing or registration whichever comes first, that plan 30T-12203 (Chalon) be registered concurrently with the registration of plan 30T-12202 (LVH) or alternatively, that other arrangements are made by the land owners to ensure that Block 15 in plan 30T-12203 (Chalon) containing the shared Storm Water Management facility and any required easements is conveyed to the LVH Developments (30T-12202) to the satisfaction of the Director of Engineering Services and the City Solicitor. 3.23 The SUBDIVIDER agrees to construct Chapel Hill Drive prior to servicing and further agrees to install traffic calming measures along the extension of Chapel Hill Drive to the satisfaction of the Director of Transportation Services in consultation with the Fire Chief. Section 4 Prior to application of any Building Permit in each stage 4.11 The SUBDIVDER agrees that no building permits shall be applied for or issued for the following Priority Lots unless the building designs are in accordance with the a) Corner (C) Priority Lots, being Blocks 3 and 4, b) Terminating (T) Priority Lots, being Blocks 4 and Block 7 c) Gateway (G) Priority Lots, being Block(s) 7 Section 6 Other Time Frames 6.14 The SUBDIVIDER acknowledges that sidewalks will be required to be constructed on the south and west side of Chapel Hill Drive while a 4.0 metres wide multi-use pathway will be constructed on the north side of Chapel Hill Drive so as to provide a compatible cross section with the Caryndale community to the satisfaction of the Director of Engineering Services in consultation with the Director of Operations and the Director of Planning. The cost of these works will be the sole responsibility of the Subdivider. All other streets in the plan will be constructed with sidewalks on both sides of the road as per Council Policy # I- 1120. 6.15 The SUBDIVDER agrees that construction traffic to and from the plan of subdivision shall be restricted to using Robert Ferrie Drive/Doon South Drive to Homer Watson Boulevard only and prohibited from using any other streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible 1 - 15 Director of Engineering Services in consultation with the Director of Transportation Services. 6.16 The SUBDIVIDER agrees to construct the required lot-level infiltration galleries to supervise and certify installation of the infiltration galleries prior to occupancy of the affected lot or block. 6.17 At 90 per cent build out of the subdivision, the SUBDIVIDER agrees to install a flow monitor in Sanitary Maintenance Hole 2001148 for the duration of 3 months to monitor downstream sewer capacity issues. The SUBDIVIDER further agrees to provide the resultsof the monitoring with the City Engineering Services results of the model analysis indicate a surcharge condition (based on 275 litres per person per day assumption), the SUBDIVIDER agrees to install the necessary sanitary pipe upgrades at their sole expense all to the satisfaction of the Director of Engineering Services in accordance with all City and Region of Waterloo standards. Costs for any improvements to the flow monitoring and pipe upgrades associated therewith maybe shared between owners of the contributing subdivisions 30T-12202 (LVH) and 30T-12203 (Chalon) Arrangements for the cost sharing shall be at the discretion of the land owners and shall not involve the City. 6.18 The SUBDIVIDER agrees that if existing private water supply is disrupted on properties adjacent to the plan, within two years of the completion of the acceptance of underground services for the entire subdivision, as a result of the development of the subdivision, to provide a replacement water supply at the 6.19 The SUBDIVIDER agrees to include a clause in allAgreements of Purchase and Sale, and/or Rental Agreements with home buyers that provide homebuyers with the contact information for the four (4) School Boards in the Region to ensure that purchasers have contacts at the respective Boards for school boundary, bussing and other related school accommodation inquiries. 6.20 The SUBDIVIDER agrees to include all design locational details for the Multi Use Pathways in all Engineering drawings including the grading plan submitted as part of the detailed design of the subdivision. The SUBDIVIDER further agrees to construct the MUP in accordance with the Trail Corridor Plan, the Environmental I expense to the satisfaction of the Director of Operations. The SUBDIVIDER further agrees to install at their cost the grading of the multi- use pathways, granular base courses, and surfacing, park grading, topsoiling, seeding, and sodding. Park landscape planting, seating, play structures, signage, and other park features included in the approved budget shall be installed by the SUBDIVIDER and shall be reimbursed to the SUBDIVIDER in accordance with 1 - 16 SUBDIVIDER shall undertake all aspects of tendering and constructing the approved works to the satisfaction of the Director of Operations. The SUBDIVIDER shall warrant and guarantee all parks and multi-use pathway construction, including plant material warranty, against all defects of material and workmanship, and maintenance including watering for a period of 24 months from acceptance of the works to the satisfaction of the Director of Operations. 6.21 The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sale Agreements that advises of the requirement to construct multi-use pathways for Blocks 10, 11 and 12 that are immediately adjacent to the proposed pathway. Furthermore, the SUBDIVIDER agrees to display and/or agrees to require the homebuilder to display all pathway plans and cross sections in the sales offices for homebuyers. 6.22 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 is 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 size and intent of the infiltration galleries. The wording of the statement shall be to . 6.23 That the SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sale Agreements (if applicable) that advises of the requirement of the purchaser to maintain the retaining wall on their property as follows: Purchasers/tenants are advised that a retaining wall is located onthe subject 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 ection of the wall, at his/her cost. 6.24 The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales Agreements that advises: a) That the home/business mail delivery will be from one or more designated Centralized Mail Boxes. b) That the SUBDIVIDER be responsible for officially notifying the purchasers of the exact Centralized Mailbox locations prior to the closing of any home sales. 1 - 17 c) That the location of all centralized mail receiving facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). 6.25 The SUBDIVIDER shall have landscape plans and an Urban Design Brief for Block 7 prepared by a Professional Landscape Architect and or Urban Design Consultant and submitted as part of a complete Site Plan application to the block. 6.26 The SUBDIVIDER agrees to implement the recommendations of the Urban Design Brief at the time of site plan approval for Block 7 including but not limited to the provision of a 10 metre landscape buffer area adjacent to Block 11 for the provision of additional privacy screening from the adjacent lands know as Lot 6 R.P. 12229 (191 Chapel Hill Drive). 6.27 The SUBDIVIDER agrees to have a professional designer or architect prepare elevation drawings for the stacked townhouse development intended for Block 7 at the time of site plan approval, which will be subject to the satisfaction of the Director of Planning and which will be in accordance with the Urban Design Brief noted in condition 6.26. PART 2. The following conditions do not form part of the Residential Subdivision Agreement however, they must be fulfilled prior to final approval of the plan to be registered . 2.2 The SUBDIVIDER shall fulfil the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the 3. That the SUBDIVIDER shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the Cit 4. Director of Planning. 5. The final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings. 6. 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. 1 - 18 7. 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. 8. 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. 9. The SUBDIVIDER agrees to show emergency access/secondary access, if required in accordance with City policy, on the final plans for registration to the 10. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to KITCHENER-WILMOT HYDRO, and telephone companies and the City, to the CITY'S Director of Planning; b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; c) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of d) to provide to the CITY'S Director of Planning, a clearance letter from each of KITCHENER-WILMOT 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. 11. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 12. The SUBDIVIDER agrees to convey to the CITY the following lands, at no cost and free of encumbrance, for the purposes set out below; a) Park Blocks 8 and 9 b) Open Space Blocks 10 to 14 c) Storm Water Management-Block 15 1 - 19 13. The SUBDIVIDER agrees to satisfy the total 5% parkland dedication for the plan, by both the conveyance of Blocks 8 and 9 to the City, at no cost and free of encumbrance, to the satisfaction of SUBDIVIDER agrees that the parkland provided within the plan of subdivision shall be at no additional frontage costs to the City. 14. The SUBDIVIDER shall prepare a Trail Corridor Plan to identify parks, open space and/or trail corridor blocks required to implement the Primary and/or Secondary Multi-Use Pathway (MUP) and Trails Master Plan within the subdivision as identified in the Multi-Use Pathways and Trails Master Plan, to the Director of Planning. 16. Prior to Registration or servicing whichever comes first, the SUBDIVIDER agrees to submit a functional design plan for the intersection of Robert Ferrie Drive and the realignment of Ca Engineering Services and Director of Transportation Services. In addition, the SUBDIVIDER shall prepare a reference plan prior to registration identifying the parcels of the road re-alignment to be reconstructed to the satisfaction of the for the extension of Robert Ferrie Drive completed in June of 2014. The SUBDIVIDER further agrees to convey any lands required for the intersection of Robert Ferrie Drive and Caryndale Drive to the City of Kitchener prior to registration of the plan. Furthermore, the SUBDIVIDER shall prior to registration, demonstrate in writing to the Director of Engineering that the mechanisms for the cost sharing of the construction of the entire intersection of Robert Ferrie Drive and the realignment of Caryndale Drive at the intersection are in place and this may involve an arrangement between all the land owners. In addition, the SUBDIVIDER shall deposit securities prior to registration to cover the complete costs for the construction of the intersection improvements in accordance with Section 3.3 of the Standard Subdivision Agreement. The entire intersection improvements shall be completed to the satisfaction of the Director of Engineering Services. 17. The SUBDIVIDER agrees that prior to servicing or registration whichever comes first, that plan 30T-12203 (Chalon) be registered concurrently with the registration of plan 30T-12202 (LVH) or alternatively, that other arrangements are made by the land owners to ensure that Block 15 in plan 30T-12203 (Chalon) containing the shared Storm Water Management facility and any required easements is conveyed to the LVH Developments (30T-12202) to the satisfaction of the Director of Engineering Services and the City Solicitor. 18. The SUBDIVIDER agrees that street names shall be to the satisfaction of the Council Policy I-1070. 1 - 20 19. The SUBDIVIDER agrees to prepare a brochure and other material for new home purchasers to provide information about the natural heritage features contiguous to the subdivision along with information about how they can be good st Grand River Conservation Authority and Regional Municipality of Waterloo. 20. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the a) The sign shall be in accordance with the City of Kitchener Sign by-law and shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development 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 Department Planning Division or the appropriate School Board for school accommodation information. f) The sign shall also advise prospective residents that students from the subdivision may be directed to schools outside the neighbourhood. 21. Prior to the Servicing or Registration, whichever shall occur first, of each stage, the SUBDIVIDER shall prepare an On-Street Parking Plan and a Signage and Services an-Street 1 - 21 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 with 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 Plan shall show all required Regulatory, Warning, Information signs and Pavement . Markings where applicable in accordance with the Ontario Traffic Manual 22. Prior to registration of this plan the SUBDIVIDER agrees that the Storm Water Management pond located on Block 15 shall be fully constructed and that the plan to the south (LVH-30T-12202) needs to be registered to the satisfaction of the Director of Engineering Services. And further, that there is an understanding that the storm water management pond must be fully constructed on the Chalon lands by the adjacent landowner to the south (LVH 30T-12202) as per the arrangements made between the property owners. 23. Prior to registration of this plan the SUBDIVIDER shall provide an easement to the City of Kitchener and to the landowner to the south LVH ( 30T-12202) for access purposes to the storm water management pond located on Block 15 until such time as this plan (Chalon 30T-12203) is fully registered to the satisfaction of the Director of Engineering Services. 24. 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 this approval applies to Plan of Subdivision 30T-12202 for Chalon Estates Inc., in the City of Kitchener, File No. 0686B by MHBC Planning dated September 10, 2012 and last revised April 27, 2015. 2. That the Owner agrees to stage the development for this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Development and Legislative Services; 3. That the plan submitted for final approval shall incorporate a lot pattern for all blocks to be lotted at a density not exceeding the unit density identified in the land use schedule on the draft approved plan of subdivision in Condition 1. 4. 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, Development and Legislative Services prior to final approval of the subdivision plan; 5. a) That the Owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater 1 - 22 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; b) That the Owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: 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 6. That prior to final approval, the Owner submit for review and approval a detailed functional water servicing report that reviews the extent of the lands that can be serviced by the municipal water distribution network including the Regional Municipality of s Trunk Watermain, and that the Owner shall make the physical resources available to the Region within the limits of the subdivision to enable the construction of the Trunk Watermain, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Without limiting the foregoing, the detailed functional water servicing report must: a) assess the need for pressure reducing valves associated with water supply distribution for the entire plan; b) address water quality and the temporary dead-end main; c) establish connectivity from the terminus of the Caryndale Road at the Hydro corridor to the westerly limits of the LVH property regarding supply of water from pressure zone Kit 4; and d) demonstrate fire flow capabilities under existing and future connections. 7. Where pressure reducing valves are required in Condition No. 6 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. 8. That prior to final approval of Block 7, the Owner shall enter into an Agreement with the Regional Municipality of Waterloo to require a Salt Management Plan to be submitted to the Regional Municipality of Waterloo for approval, and implementation secured through appropriate agreements with the Region and/or condominium declarations. 9. That prior to final approval, any existing private wells, monitoring wells (not used for long term monitoring purposes) and septic systems be decommissioned in accordance with 1 - 23 applicable laws and regulations to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Furthermore, that the Owner enters into an agreement with the City of Kitchener to provide for decommissioning any long term monitoring wells no longer used for such purpose, in accordance applicable laws and regulations. 10. a) That the boundaries and buffers of the Strasburg Creek Provincially Significant Wetland Core Environmental Feature within and contiguous to the subject lands be interpreted as Environmental Implementation Report, Chalon Estates Plan of Subdivision (Ecoplans, October 2012), which have been verified in the field by a sub-committee of the Ecological and Environmental Advisory Committee on April 3, 2013; b) That the Core Environmental Feature and associated buffers on the subject lands be placed in suitable open space zoning; c) That prior to any land clearing, grading or construction on the subdivision lands, the Owner enter into an agreement with the Regional Municipality of Waterloo to indicate that no clearing of vegetation on the site occur during the bird nesting season in compliance with the Migratory Birds Convention Act unless it can be ascertained by a qualified expert that no birds covered by the Act are observed to be breeding within the subdivision lands; d) That prior to final approval, the Owner install fencing along the common boundary of any lots or blocks and the buffers of the Strasburg Creek Provincially Significant Wetland or the stormwater management area (Block 2 and Block 5), with signage identifying the Core Environmental Feature, and that the fence be installed 15 centimetres into the buffer area to the satisfaction of the City of Kitchener, the Grand River Conservation Authority and the Region; e) That prior to final approval, any land clearing, grading, or the installation of services, the Owner submit a detailed erosion and sediment control plan acceptable to the Region, City of Kitchener, and Grand River Conservation Authority in order to prevent sedimentation into the Strasburg Creek Provincially Significant Wetland. f) That prior to final approval, the Owner submit a detailed stormwater management plan to the satisfaction of the City of Kitchener, Grand River Conservation Authority, and Region. The plan must include, but not limited to, the design and location of infiltration facilities required to sustain the flow of groundwater to the Strasburg Creek Provincially Significant Wetland and Caryndale Significant Woodland; g) That prior to final approval, the Owner submit landscaping and planting plans for all buffer areas contiguous to the Strasburg Creek Provincially Significant Wetland and for the stormwater management area and that recommended plantings shall consist of locally-appropriate, self-sustaining native vegetation to the satisfaction of the Region, the City of Kitchener and the Grand River Conservation Authority; h) That prior to final approval, the Owner submit a detailed monitoring plan for the Strasburg Creek Provincially Significant Wetland on the subject lands as outlined in the Environmental Implementation Report, Chalon Estates Plan of Subdivision South 1 - 24 (Ecoplans, October 2012) to the satisfaction of the Region, the City of Kitchener and the Grand River Conservation Authority; and i) That prior to final approval, the Owner develop a brochure and other information tools for new home purchasers which provides information about the natural heritage features contiguous to the subdivision along with advice about how they can be good neighbours to and stewards of these areas, and that the brochure be to the satisfaction of the City of Kitchener, GRCA, Ministry of Natural Resources, and Region. Furthermore, that the Owner enters into an agreement with the Regional Municipality of Waterloo to provide for implementation of the same. 11.a) That prior to final approval of all or any part of this plan of subdivision, a detailed stormwater management plan be submitted for the entire plan of subdivision to the satisfaction of the Regional Municipality of Waterloo. b) That prior to final approval of all or any part of this plan of subdivision, the Owner submit a groundwater monitoring program for the entire plan of subdivision to the satisfaction of the Regional Municipality of Waterloo. Furthermore, that the Owner enters into an agreement with the Regional Municipality of Waterloo to provide for implementation of such groundwater monitoring program. 12. That prior to final approval of all or any part of this plan of subdivision, the Ownerprovide the Regional Municipality of Waterloo sufficient funds for the future installation of one (1) concrete transit pad. 13. That prior to final approval of all or any part of this plan of subdivision, the Owner enter into an agreement with the City of Kitchener to complete a road traffic noise study prior to site plan approval for Block 7 to determine noise attenuation requirements to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Where appropriate, the lands shall be designed to avoid the use of outdoor physical noise attenuation measures through appropriate site design and setbacks. Furthermore, the Owner shall enter into an agreement with the City of Kitchener as necessary, to provide for implementation of the noise attenuation measures recommended in the Study. 14. That prior to final approval of all or any part of this plan of subdivision, the Owner enter into an agreement with the City of Kitchener to implement any noise abatement recommendations contained in the road traffic noise study update completed in Condition 10 above. 15. That prior to any grading, construction or other site disturbance, and final approval of all or any part of the draft plan of subdivision, the Ministry of Tourism, Culture and Sport issue a clearance for the archaeological assessment report completed by Golder Associates. A copy of the Ministry clearance along with two (2) copies of the assessment report must be provided to the Regional Commissioner of Planning, Development and Legislative Services. 1 - 25 4. OTHER AGENCY CONDITIONS: 1. Prior to any grading, servicing or registration of the plan (whichever comes first), the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) An addendum to the Environmental Implementation Report to determine the best route and design of the community trail which may include consideration of boardwalk trail designs. b)A detailed stormwater management report and plans in accordance with the 2003 Ministry of the Environment Report entitled "Stormwater Management Planning and Design Manual", and in keeping with the Preliminary SWM report and responses prepared by Stantec. Alternative/additional effluent cooling measures will be investigated during detailed design. c) A detailed Lot Grading, Servicing and Storm Drainage Plan.The Lot Grading Plan must include the location of community trails. d) A landscaping plan for the wetland buffer. e) 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. f)The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit from the GRCA prior to any development within areas regulated under Ontario Regulation 150/06. g) A pre, during and post construction monitoring program and reporting as outlined in the Environmental Implementation Report will be provided. Remedial measures will be outlined the monitoring program and implemented if needed. NOTES 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law 14-046 are applicable. 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. 3. It is the responsibility of the Owner of this plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address, and phone and fax numbers. 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 15-019, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, as 1 - 26 amended, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. 5.The owner/developer is advised that pursuant to Regional By-Law 15-019, there is a fee for review of a road traffic noise study, payable to the Regional Municipality of Waterloo upon submission of the study for review. 6.This draft plan was received on or after January 1, 2007 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 2006, c. 23 (Bill 51). 7. The Owner 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, Development and Legislative Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited and 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 8. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Development and Legislative Servicesto 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. 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 the 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 under The Registry Ac One (1) original mylar Three (3) mylar copies Four (4) white paper prints One (1) AutoCAD (.dwg) file 1 - 27 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener Chalon Estates Inc. Caryndale Drive at Robert Ferrie Drive (30T-12203) WHEREAS it is deemed expedient to amend By-law 85- 1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number -law Number 85-1 is 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 Three Zone (R-3). 2. Schedule Number -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Four Zone (R-4). 3. Schedule Number-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 Six Zone (R-6). 4. Schedule Number -law Number 85-1 is hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Public Park Zone (P-1). 5. Schedule Number -law No. 85-1 is hereby amended by changing the zoning application 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 Number -law No. 85-1 is hereby amended by changing the zoning application 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 Hazard Land Zone (P-3). 1 - 28 7. Schedule Numbers 204 and 205 -law Number 85-1are 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 , 2016. _____________________________ Mayor _____________________________ Clerk 1 - 29 1 - 30 th Advertised in The Record May 20, 2016 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE CITY OF KITCHENER ZONING BY-LAW AND A DRAFT PLAN OF SUBDIVISION UNDER THE APPLICABLE SECTIONS 34 AND 51 OF THE PLANNING ACT Chalon Estates-Caryndale Drive and Robert Ferrie Drive The City of Kitchener has received a Zone Change and Plan of Subdivision on the subject lands. The lands proposed to be rezoned from Agriculture Zone (A-1) to Residential Four Zone (R-4), Residential Six Zone (R-6), Public Park Zone (P- 1), Open Space Zone (P-2) and Hazard Lands Zone (P-3). This will permit a range of residential uses including single detached, semi-detached, townhouses, multiple dwelling units. In addition, the subject lands will be supported by public park and open space. Planning and Strategic Initiatives Committee , a Committee of Council which deals with planning matters on: th MONDAY, June 13 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or verbal representation either in support of, or in If a person or public body does not make oral submissions at this public opposition to, the above noted proposal. meeting or make a written submission prior to approval/refusal of these proposals, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the th appropriate committee), 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). Juliane von Westerholt , Senior Planner, 519-741-2200 ex.7157 ((TTY: 1-866-969-9994), juliane.vonwesterholt@kitchener.ca 1 - 31 1 - 32 1 - 33 1 - 34 1 - 35 1 - 36 1 - 37 1 - 38 1 - 39 1 - 40 1 - 41 1 - 42 1 - 43 1 - 44 1 - 45 1 - 46 1 - 47 1 - 48 1 - 49 1 - 50 1 - 51 1 - 52 1 - 53 1 - 54 1 - 55 1 - 56 1 - 57 1 - 58 1 - 59 1 - 60 1 - 61 1 - 62 1 - 63 1 - 64