HomeMy WebLinkAboutCSD-17-044 - Draft Plan of Subdivision & Zone Change Application - 710 Huron Road
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: June 12, 2017
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: May 17, 2017
REPORT NO.: CSD-17-044
SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-15201
ZONE CHANGE APPLICATION ZC15/07/H/GS
710 HURON ROAD
OWNER: FREURE PROMONTORY INC.
______________________________________________________________________
RECOMMENDATIONS:
A.That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O.
1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval
to Plan of Subdivision Application 30T-15201in the City of Kitchener, for Freure
Promontory Inc.,subject to the conditions attached to Report CSD-17-044as
FURTHER,
B.That Zone Change Application ZC15/07/H/GS for Freure Promontory Inc.for the
purpose of changing the zoning from Residential Three Zone(R-3)with Holding
Provision 17HSRtoResidential Four Zone (R-4), Residential Six Zone (R-6),and
Public Park Zone (P-1)with site specific special provisions be approvedin the
-May 3, 2017attached to Report CDS-
17-044
BACKGROUND:
Freure Promontory Inc. is seeking approval of a Draft Plan of Subdivision and a Zone Change to
allow the subject lands to be developed with a residential subdivision. The subject plan includes
single detached dwellings, street townhouse dwellings, a multiple townhouse block, and a
neighbourhood park. Staff are in support of the proposed Plan of Subdivision and associated
zone change, subject to the conditions outlined in this report.
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REPORT:
The subject lands are owned by Freure Promontory Inc and are located at 710 Huron Road
currently contain a heritage house, former horse paddocks and a coniferous plantation. The
subject lands are 5.352 hectares in size and are proposed to be developed with up to 142
residential dwellings, a public street and a public park.
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,
parks and open spaces to meet long-term needs; avoiding development that 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 within the designated greenfield area as defined by the 2006 Growth Plan
for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to
complete communities, creates street configurations that support walking, cycling and transit
services and which creates high quality public open spaces that support opportunities for
walking and cycling. The subject applications comply with the policies of the Growth Plan.
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Regional Official Plan
The subject lands are within the Urban Designated Greenfield Area established in the Regional
Official Plan. Designated Greenfield Areas are required to achieve a density of 55 people and
jobs per hectare overall. This plan achieves a density of 75 people and jobs per hectare.
Regional policy supports development of complete communities having development patterns
and densities that support walking, cycling and transit; andwhich conserves cultural heritage
resources and supports the adaptive reuse of historic buildings. Policies support the creation of
a continuous network of sidewalks, trails and bicycle pathways that provide safe and convenient
links within the neighbourhood and to other neighbourhoods.
Kitchener Growth Management Plan (KGMP)
applications for development of these lands.
2014 Official Plan
2014Official Plan. The list
of permitted uses contained in the 2014 Official Plan is under appeal, however this policy has a
direct co-relation to similar policies of the 1994 Official Plan which are therefore considered to
be in effect. Low Rise Residential Designation accommodates a full range of housing types at
an overall low intensity of use andthe City favours a land use pattern which mixes and
disperses a full range of housing types and styles both across the city as a whole and within
neighbourhoods. Theproposed subdivisionand zoningconform to the Low Rise Residential
designationand to other policies of the Official Plan.
Huron Community Plan
The lands are designated Low Density Residential in the Huron Community Plan. The
proposed subdivision complies with the policies of the plan, and will help to achieve policies
supporting a mix and integration of different forms of housing throughout the community.
Proposed Zone Change
The subject lands are zoned Residential Three Zone (R-3) with Holding Provision 17HSR. The
current zoning is a placeholder zone historically applied to large areas of land. The zone
anticipates future low rise residential uses, and identifies that servicing and roads must be
improved or established prior to development occurring. Services and roads are now available
for the subject lands, subject to the conditions of draft approval, therefore staff recommend that
Holding Provision 17HSR and the placeholder Residential Three Zone (R-3) should be removed
from the lands, and that new zoning be implemented as follows:
Area 1: Residential Four Zone (R-4) with Special Regulation Provision 695R to permit
single detached dwellings, with a minimum side yard of 0.6 metres on one side.
Area 2: Residential Four Zone (R-4) with Special Regulation Provision 696R to permit the
heritage house with a minimum rear yard setback of 7.0 metres.
Area 3: Residential Six Zone (R-6) with Special Regulation Provision 697R to permit,
street-townhouse dwellings with a minimum side yard setback of 1.5 metres, a
minimum setback to a City Arterial of 11.6 metres and a minimum lot width of
5.486 metres.
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Areas 4 & 5: Residential Six Zone (R-6) with Special Regulation Provision 697R to permit,
cluster-townhouse dwellings (multiple dwelling) with a minimum yard abutting
760 Huron Road of 7.5 metres.
Area 6: Public Park Zone (P-1) to permit the park.
Staff have considered the proposed zoning categories and are of the opinion that they are
appropriate for the proposed subdivision.
The proposed Residential Four zone permits a range of low rise, low intensity land uses
including single detached dwelling (proposed), semi-detached dwelling and duplexes, together
with home businesses, home daycare and small residential care facilities. The proposed
special regulation reduces the side yard setback from 1.2 metres to 0.6 metres, provided a 0.6
metre wide maintenance easement is provided over abutting lands to allow access over
neighbouring lands for the maintenance of wall, eaves, etc. This reduction is consistent with
side yard setbacks in other recent subdivisions and staff find that it is appropriate in this
subdivision as well, subject to the maintenance easement.
A rear yard setback of 7.0 metres is proposed for the heritage house. The home will be placed
on a large lot and the small reduction in rear yard will allow the heritage house to be placed in
line with other buildings fronting onto Saddlebrook Court and will allow for a modern addition to
be added to the rear as contemplated in the approved Conservation Plan. As the lot is
oversized and has a corner orientation, staff are satisfied that a 7.0 metre rear yard will provide
sufficient private outdoor amenity space for future residents and will be appropriate from a
streetscape perspective. Heritage House Design Guidelines are required as a condition of draft
plan approval and will provide guidance to the placement of the relocated house, and the design
of the addition.
The proposed Residential Six zone provides appropriate zoning for the lots and blocks
proposed to contain various forms of townhouses. The R-6 zone also allows single detached
dwellings, semi-detached dwellings, duplexes, home businesses, private home daycare, small
residential care facilities and low-rise multiple dwellings.Special Regulation 697R applies to the
street-fronting townhouses and reduces: the internal side yard setback for the street fronting
homes (from 2.5 metres to 1.5 metres), the setback to Huron Road (from 12.0 metres to 11.6
metres) and the minimum lot width (from 5.5 metres to 5.486 metres). Staff are of the opinion
that these reductions are minor and will continue to allow for appropriate streetscape features,
lot size and setbacks to the road and neighbouring dwellings. The Noise Study required by the
Region can support the reduced setback to Huron Road.
A special zoning provision is also proposed for the multiple block and requires that a minimum
setback of 7.5 metres be provided between buildings on the multiple block and the property line
shared with the dwelling at 760 Huron Road. While these lot lines are considered side lot lines
in the context of the overall parcel, they will likely function as a rear yard and it is appropriate to
provide a setback consistent with residential rear yards to ensure appropriate separation
distances and privacy between current and future residents. Further discussion with respect to
this boundary is provided in the Community Input section of this report.
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Subdivision Design
The Subdivision is proposed to provide for a mix of residential dwelling types including 38single
detached dwellings, 6 street-fronting townhouse dwellings, and a multiple block which could
contain up to 98 townhouse dwellings for a total of 142 dwelling units. The proposed
subdivision achieves an overall density of75 people and jobs per hectare.
Suburban Development. While this is a small subdivision, in
achieves walkability, variety, place-making, conservation, connectivity, safety, liveability,
balance and is transit supportive. The proposed subdivision consists of a cul-de-sac providing
one vehicular access to Huron Road. All development traffic will be directed towards the cul-de-
sac, reducing the number of new accesses to Huron Road. Sidewalks will be provided on both
sides of the proposed cul-de-sac connecting to the multi-use pathway on Huron Road, to a
walkway/emergency access block and via walking trail through the park block which will connect
directly to the park and adjacent public school site in 30T-98201 (north of Tartan Ave). On-
On-Street Parking Policy, and
private visitor parking will be required for the multiple block. The heritage home (to be relocated
and conserved) and the public park will provide place-making and neighbourhood focal points.
Units have been designed with flankage along Huron Road, and the Priority Lotting Plan will
require enhanced side elevations to address the street.The Priority Lotting Plan also provides
for enhanced design for lots and buildings adjacent to the park/walkway and the heritage house.
Heritage
The subject property contains a fieldstone farmhouse which was constructed in about 1864. It
is of vernacular design, but displays influence of the Gothic Revival architectural style and is
The house has been found to be worthy of
conservation. A Heritage Impact Assessment and Conservation Plan were submitted in support
of the application and have been approved by the Director of Planning. Both City staff and the
development proponent recognize the cultural heritage value of the original farmhouse and
share the common objective of conserving the farmhouse within the proposed plan of
subdivision: Several conservation options were examined including retaining the farmhouse in
situ and moving the farmhouse to a new lot within the subdivision. The approved conservation
option is to move the original farmhouse a short distance to Lot 7. Relocation was deemed to be
acceptable given the surrounding context of the site has already changed considerably; that the
farmhouse is structurally sound and has been deemed by a professional house mover and
heritage architect to be a good candidate for relocation; that relocation would facilitate the
optimal use of land without compromising the heritage value of the structure; and given Lot 7
would provide a location which retains prominent public views to the resource and
accommodates opportunity for an expansion in accordance with design guidelines.
As a result of the proposed move, the City requires that the owner enter into a Heritage
Covenant Agreement to facilitate the City taking a letter of credit from the owner as a security to
required on account of its move; to ensure its structural soundness; and to establish a
reasonable time frame for completion. This is required through the recommended conditions of
draft plan approval. In addition, conditions have been included in the subdivision agreement to
ensure the heritage farmhouse is adequately protected and monitored prior to and after its
relocation.
To ensure the long term conservation of the Heritage Farmhouse, the owner has agreed to
designate the farmhouse under Part IV of the Ontario Heritage Act. On June 6, 2017 Heritage
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Kitchener will be asked to consider a resolution recommending that the City publish a Notice of
consideration of the subject plan of subdivision application. Further, the notice of intention to
designate may include only a limited description of the exterior heritage attributes of the
farmhouse, recognizing that certain features of heritage interest may either have to be removed
to accommodate the farmhouse relocation, or be replaced/upgraded as part of its rehabilitation.
It is also agreed that the designating by-law would be passed and therefore registered on title of
the lot on which the farmhouse is located following registration of the plan of subdivision and
completion of the exterior rehabilitation of the farmhouse, but prior to any change of ownership
or sale of the farmhouse or lot on which the farmhouse is located; and that the exterior heritage
attributes to be identified in the designating by-law may need to expand beyond those identified
in the Notice of Intention to Designate, to include certain features of heritage interest which have
since been restored or replaced as part of its rehabilitation.
Though the long term conservation of the Heritage Farmhouse will be addressed through its
ultimate designation under the Ontario Heritage Act, there is an interest to ensure the
farmhouse will be restored and rehabilitated in accordance with good conservation practice and
within a reasonable timeframe. As a result, the City shall require that design guidelines for the
restoration and rehabilitation of the Heritage Farmhouse (Heritage Farmhouse Design
Guidelines) be prepared, in accordance with the approved Heritage Impact Assessment and
Conservation Plan, to the satisfaction and approval of the Director of Planning, prior to the
registration of the plan of subdivision; and that the farmhouse be subsequently restored and
rehabilitated in accordance with said design guidelines.
To support the establishment of the Heritage Farmhouse as an historic landmark feature of the
subdivision, new development in proximity to the Heritage Farmhouse shall be designed to be
architecturally and visually complementary. Such new development, to be located on Heritage
Priority Lots, will be subject to specific urban design guidelines (Design Guidelines for Heritage
Priority Lots) and shall be approved by the Director of Planning prior to the registration of the
plan of subdivision, and will address such matters as the architectural design of new houses,
additions and alterations; building location/orientation; and appropriate landscaping and fencing.
Compliance with the Heritage Farmhouse Design Guidelines and the Design Guidelines for
Priority Lots is an integral part of the subdivision approval process. As a result, the Design
Guidelines shall be registered on title of the subject lands and remain on title in perpetuity.
Further, the developer shall agree to notify all prospective purchasers of Heritage Area Priority
Lots, of the requirement to comply with the respective design guidelines, in agreements of
purchase and sale.
Environment
The subject lands currently contain a pine plantation andsmall wetland feature. Grand River
Conservation Authority staff have no concerns with the proposed plan of subdivision and
support the proposed applications and removal of the wetland, subject to certain conditions of
approval. City Environmental Planning staff have no concerns with the proposed applications
and further discussion with respect to the pine plantation is provided in the Community Input
section of this report.
Stormwater Management
Stormwater for the subject lands will be directed towards stormwater management ponds east
and south of the proposed subdivision.Engineering Services is satisfied with the proposed draft
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plan and conditions of draft approval have been included to address matters such as
groundwater infiltration and maintenance/monitoring of stormwater management facilities.
Sanitary/Water Servicing
All lots will be serviced with municipal sanitary sewers and municipal water servicing in
accordance with City standards. Engineering Services staff have confirmed that there is
sufficient servicing capacity. Sanitary flows can be accommodated in the Middle Branch of the
Strasburg Sanitary Sewer this subdivision does not require the South Strasburg Trunk
Sanitary Sewer. Conditions of approval have been included to ensure that services are
constructed at the appropriate timeframes.
Transportation and Traffic
Transportation Planning staff are satisfied with the proposed cul-de-sac and the proposed street
has been approved by the Region. The cul-de-sac is proposed to
connect to Huron Road. As a condition of approval Transportation Services staff have
lands or intersection/road improvements are necessary. The subdivider will be responsible for
any necessary improvements to Huron Road. Pedestrian and Emergency Access are provided
between the proposed cul-de-sac and Tartan Court (directly south of the subject lands in 30T-
98201).
Emergency Access
The proposed cul-de-sac is longer than 150 metres, and as such, an emergency access is
provided from the end of the cul-de-sac to Tartan Court which is draft approved in Plan 30T-
98201. The proposed emergency access route
Policy. Until such time as Tartan Court is constructed, a temporary emergency access route will
will connect directly to Rockcliffe Drive. Fire Services staff are satisfied with this proposal and
appropriate conditions of draft plan approval relating to the emergency access are included.
Noise
Huron Road is considered a source of traffic noise, and noise mitigation will be required. Prior
to final approval, the Region of Waterloo requires an update be provided to the Noise Study and
a further agreement may be required to implement recommendations. This requirement has
been incorporated into a Regional condition.
Department and Agency Comments
All requirements have been addressed or are included as conditions of approval.
Community Input
Staff received comments from 6 households. Where specific questions were raised, staff
followed up individually with respondent by phone in 2015, and a meeting was convened with
the owners of 760 Huron Road, at their request, to discuss their specific concerns.Minutes of
ECommentsandconcerns of property owners and
below. Due to the limited number of commentsreceived a
Neighbourhood Information Meeting was not warranted, however as more than a year has
passed since the preliminary circulation a courtesy notice advising of the upcoming statutory
public meeting will beprovided to all property owners within 120 metres of the subject lands.
A number of respondents indicated that they liked the low rise residential nature of the plan,
especially the proposed singles on the cul-de-sac, the connectivity and connections to the
school.
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Parks, Community and Commercial Facilities
Property owners expressed an overall desire to achieve more parks, open spaces and
community facilities in the greater community as well as better access to commercial facilities.
The applicant has adjusted the plan to include a public park which will connect to the park and
school in the adjacent plan of subdivision. Additional parks and open spaces are provided for in
other nearby draft approved subdivisions and since this plan was first circulated in 2015 plans
have progressed significantly for the City South District Park. The South District Park will help
fulfil the identified need for a large community facility in the southwest part of the City. With
respect to the identified need for commercial lands, these lands are not identified in the Official
Plan as a good location for commercial uses, however commercial lands have been planned in
the nearby Rosenberg Community with a focus on the lands surrounding Huron Road and
Fischer Hallman Road for facilities like a grocery store.
Property Value
One property owner questioned whether the proposed development would have an impact on
property values. Staff suggest that the proposed subdivision is a low rise residential subdivision
consistent with other subdivisions in this vicinity. It is difficult for planning staff to comment
accurately on the impact that a proposed development may have on the value of nearby homes.
Staff understand that MPAC assesses homes based on as many as 200 different factors
ranging from the size of the house/lot, and their location, to the number of bathrooms and
quality of the construction. Market values depend on a host of different factors including the
recognize that property value may be an important consideration for residents it is not a land
use planning matter. Planning staff focus on whether the development is good planning with
respect to the community as a whole.
Noise
One resident expressed concerns with construction noise. Staff acknowledge that during
construction noise may be inevitable, however the City has regulations which generally limit
construction noise to the hours of 7:00 am to 7:00 pm.
Grading
Staff received questions about grading transition between the plan and adjacent residential
properties. The plan will generally match grades with neighbouring lands. Arrangements have
been made with some homeowners on Banffshire Court who currently have steep slopes or
retaining walls in their rear yards to raise the grades so that existing lots are levelled and more
useable, while also benefitting the grades for proposed lots on the subject lands.
Pine Plantation
A number of questions and concerns were raised with respect to the removal of the pine
plantation.From an ecological perspective, the pine plantation containsa low diversity of flora
and fauna, and isnot considered eitherlocally or regionally significant. However, from a
community perspective it is recognized that the plantation has valuein terms of creating privacy
and providing for greenspace.The subject plantation is contemplatedto beeither largely or
entirelyremovedin the future, but permission would only be granted for any removal once a Site
Plan has been approved for the multiple block. All trees in the multiple block will be protectively
fenced until the time of Site Plan Application process when a Tree Preservation /Enhancement
Plan will be completed and approved. This
plan will consider in detail if any trees can be preserved and will recommend appropriate
protection measures. Future landscaping andcompensation (replacement)plantings will also
be considered through the Tree Management and Site Plan processes.
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Traffic and Access
Residents identified concerns with increases in traffic, access and pedestrian safety.
Transportation Services staff are satisfied that the amount of traffic generated by the proposed
subdivision can be appropriately handled by the proposed street and that no improvements are
required to Huron Road to accommodate any increases in traffic. Staff also note that sidewalks
will be provided on both sides of the proposed road and will connect to the multi-use pathway on
Huron Road, as well as through the walkway block to the future Tartan Court, and through the
public park which will provide direct pedestrian access to the future public school.
Multiple Block
A number of property owners expressed concerns with the proposed multiple block which is
anticipated to be developed with townhouses. The zoning by-law limits the building height on
this block to 10.5 metres or about 3 stories, which is the same as for residential uses in nearby
subdivisions. Staff feel that townhouses are an appropriate land use on the subject lands, both
as street-fronting and as part of a cluster townhouse development,and that a 10.5 metre height
is appropriate in a Low Rise Residentialarea. Giventhe identified concerns from the property
owner at 760 Huron Road anincreased setback to the adjacent house of 7.5 metres is
recommendedtogether with a vegetated buffer.Because of the orientation of the lot,the
standard R-6 zoning regulations for a cluster townhouse only require a 2.5 metre setback to this
lot line.A7.5 metressetback is consistent with standard rear yard setbacks which are intended
to provide appropriate rear yard separation between low rise residential uses.
Another interest of the property owners at 760 Huron Road was whether the vegetated buffer
and fence to be established along the common property line could be in public ownership.
Planning and Operations staff have explored whether the City could take on such a vegetated
buffer. Staff are of the opinion that a public open space block in this location is not desirable as
a park and would not form part of a needed trail as part of public open space. The buffer would
also be difficult for City staff to access and costly to maintain. However, through the conditions
of subdivision approval, staff recommend that a condition be included to require the future
installation of a 3.0 metre wide vegetated buffer and fence along this common property line
through Site Plan Approval. This buffer would be planned in detail through the future Site Plan
process and would be required to remain in common ownership should the development
proceed as a condominium (i.e. the buffer would not form part of a private amenity space, but
would be managed by the condominium corporation). The standard landscape maintenance
clauses of the Site Plan Agreement will effectively ensure that this buffer and all approved
landscaping cannot be removed.In addition, proposed zoning regulations require that any
building be setback a minimum of 7.5 metres from this property boundary, which is consistent
with a rear yard setback and will provide for appropriate building separation. Staff are also of
the opinion that the minimum 4.5 metres of private amenity space which will remain once the
3.0 buffer is accounted for will be adequate for private outdoor space for future residents.
Multiple Block Design
Design Manual, which provides criteria for landscaping, lighting, parking and accessibility. The
previously discussed subdivision requirements and zoning by-law regulations together with the
design requirements of the Urban Design Manual implemented through Site Plan approval, are
effective at ensuring good quality elevations and a built form that is compatible with surrounding
land uses.
In addition to townhouses, the proposed R-6 zone also permits other low rise forms of multiples
such as stacked townhouses and walk-up apartments. Staff explored whether it would be
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appropriate to restrict other forms of multiples and are of the opinion that any form of low rise
multiple could be designed for this site so that it is complementary and sensitive to the adjacent
home. While it is expected that the site will be a cluster townhouse site, it could be
appropriately designed with another form of townhouse, such as a stacked or back-to-back
townhouse, or as a low rise apartment style building. Theproposed plan of subdivision has
indicated a maximum of 98 units for any form of multiple development.
Planning Analysis:
In considering the foregoing, staff are supportive of the proposed Draft Plan of Subdivision, and
Zone Change. The proposed plan of subdivision represents an appropriate mix of housing types
andthe proposed zoning categories will allow for the construction of the proposed development.
The subject applications are consistent with the Provincial Policy Statement, the Growth Plan for
the Greater Golden Horseshoe, and the Regional Official Policies Plan. Staff are of the opinion
that the proposed Draft Plan of Subdivision and Zone Change represent good planning.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This report supports the achievement of the C
service.
FINANCIAL IMPLICATIONS:
Upon registration, there will be ongoing operations costs for the maintenance of the park,
walkways, streets, street trees, underground services, and other infrastructure which is being
dedicated to the City. In the long term, there will be repair and replacement costs for streets,
sidewalks and services.
COMMUNITY ENGAGEMENT:
INFORM & CONSULT- The proposed draft plan of subdivision was circulated to property
owners within 120 metres of the subject lands and notice signs erected in February 2015. In
response to this circulation staff received responses from 6 households. Copies of all comments
Property Owner Comments.Staff followed up with respondents
individually and responses to questions and concerns are provided in the Community Input
section of this report. A courtesy notice advising of the Statutory Public Meeting will be
circulated to all property owners within 120 metres of the subject lands.
CONCLUSION:
Based on the foregoing, the Draft Plan of Subdivision and Zone Change applications are
appropriate and represent good planning. The issues identified through the preliminary
circulation have been included as conditions of approval, as necessary. The lands are identified
in the Kitchener Growth Management Plan for consideration of draft approval, the plan
represents proper and orderly development of the City and considers the criteria identified in
Section 51(24) of the Planning Act for the subdivision of land. Therefore, it is recommended
that the applications be approved subject to conditions outlined in this report.
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REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
Appendices:
Draft Plan and Conditions of Draft Approval
Zoning By-law and Map 1
Newspaper Notice
Department/Agency Comments
Property Owner Comments
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Conditions of Draft Approval
1. That this approval applies to Plan of Subdivision 30T-15201 for Freure Promontory Inc. as
shown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 1,
2017, which shows the following:
Lots 1-38 Single Detached Residential 38 units
Lots 39-44 Street Townhouse 6 units
Block 45 Multiple Residential 98 units
Block 46 Park
Block 47 Emergency Access/Servicing Corridor/Walkway
Block 48, 49 0.3m Reserves
Total Units: 142 units
2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as
approved by City Council, respecting those lands shown outlined on the attached Plan of
Subdivision dated May 1, 2017. Standard conditions 3.2 & 6.11 shall be deleted from the
City Standard Residential Subdivision Agreement. The following special conditions shall be
added to the City Standard Residential Subdivision Agreement:
Part 2 Prior to Grading
2.16 The SUBDIVIDER shall provide confirmation to the satisfaction of the Director of
Engineering Services that any on site monitoring wells, existing private wells and
septic systems within the lands proposed to be graded that are required by the
Director of Engineering to be decommissioned have been decommissioned in
Director of Engineering.
2.17 The SUBDIVIDER shall obtain permission to grade on adjacent lands and provide
confirmation to the City to the satisfaction of the Director of Engineering.
2.18 Immediately following area grading, the SUBDIVIDER shall provide a soils report, to
be prepared by a qualified arborist or other qualified professional which details the
location and condition of tree root habitat soils and demonstrates that soil conditions
S requirements for an urban forest to the satisfaction of the CITYS
Director of Operations.
2.19 The SUBDIVIDER agrees, in accordance with the Strasburg Creek Master
Watershed Plan Implementation Guideline to maximize use of at-source infiltration
techniques in all areas to maintain or increase existing groundwater recharge and to
submit a water budget analysis to the satisfaction of the Director of Engineering,
Region of Waterloo and Grand River Conservation Authority. The water budget must
demonstrate pre-development infiltration conditions are matched through the design
and implementation of the site.
2.20 Prior to Grading or Registration, the SUBDIVIDER shall submit and receive approval
of Heritage House Design Guidelines, prepared in accordance with the Heritage
Impact Assessment and Conservation Plan, prepared by MHBC Planning, dated
Planning. Further, the approved Heritage House Design Guidelines shall be
registered on title of the subject lands, and attached to the subdivision agreement.
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Conditions of Draft Approval
2.21 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER shall
enter into a Heritage Covenant Agreement with the City, addressing the
maintenance, relocation and rehabilitation of the Heritage Farmhouse and to
facilitate the taking of a letter of credit or other like security in a form and content
repairing, relocating and rehabilitating the heritage building in accordance with the
approved Heritage Impact Assessment and Conservation Plan, prepared by MHBC
Planning, dated January 2015 (revised March 2017) and the approved Heritage
ctor of Planning.
Further, the SUBDIVIDER shall provide any Letter of Credit, required by the Heritage
2.22 The SUBDIVIDER agrees to provide a letter prepared jointly by the S
Consulting Engineer and the Heritage Consultant, commenting on the means and
methods that shall be used to minimize vibration during grading, road construction
and site servicing and other subdivision development works. Should the
SUBDIVIDER become aware of any cracks in the masonry of the Heritage
Farmhouse or other damage during the grading or construction period (either prior or
subsequent to the house being moved), the SUBDIVIDER agrees to stop work in the
vicinity of the Heritage Farmhouse and notify the
Engineer and Heritage Consultant so that corrective action may be taken, to the
.
2.23 The SUBDIVIDER agrees to install construction/silt fencing around the Heritage
Farmhouse, set at a distance recommended by the Heritage
Consultant in consultation with the Consulting Engineer, and to provide written
, all to the
installed following relocation of the Heritage Farmhouse, with approvals in
accordance with the procedure described above. The SUBDIVIDER agrees to
maintain the integrity of the fencing throughout the construction period to the
2.24 The SUBDIVDER agrees to document and provide measured drawings of the
Heritage Farmhouse as recommended in the Conservation Plan, prepared by MHBC
Planning, dated January 2015 (revised March 2017) as to the satisfaction of the
Director of Planning.
2.25 The SUBDIVIDER agrees to provide confirmation from the Regional Municipality of
in receipt of a clearance from the Ministry of Tourism, Culture and Sport for the
archae
County of Waterloo, City of Kitchener, Regional Municipality of Waterloo, Original
rchaeological Services Inc., January 15, 2015.
2.26 The SUBDIVIDER agrees that this agreement shall be executed by all parties and
registered on title to the lands described in the first Schedule attached.
4 - 13
Conditions of Draft Approval
Part 3 Prior to Servicing
3.2 The SUBDIVIDER agrees to acquire a qualified Engineering Consultant who shall
prepare a detailed engineering design and report for storm water management and
obtain approval thereof
erations, Director of Planning, Grand
River Conservation Authority, Regional Municipality of Waterloo and those applicable
time of draft approval. In addition, the SUBDIVIDER shall have landscape plans for
the storm water management facilities prepared by a Landscape Architect to the
satisfaction of the Director of Operations in consultation with the Director of
Engineering Services
3.18 The SUBDIVIDER shall be responsible for the continued maintenance of the
downstream sewers and existing stormwater management facilities located on Block
155,58M-346 and Block 32 - Stage 4B (30T-98201), until such time as ninety-five
(95%) percent build-out of the subject draft plan of subdivision occurs, to the
satisfaction of the Director of Engineering Services. Such maintenance may require
the SUBDIVIDER to provide a letter of credit to the City to maintain such facilities, to
the satisfaction of the Director of Engineering Services.
3.19 The SUBDIVIDER shall be responsible for the continued monitoring of the
downstream sewers and existing stormwater management facilities located on Block
155,58M-346 and Block 32 - Stage 4B (30T-98201), until such time as ninety-five
(95%) percent build-out of the subject draft plan of subdivision occurs, to the
satisfaction of the Director of Engineering Services. Such monitoring may require the
SUBDIVIDER to provide a letter of credit to the City to maintain such facilities, to the
satisfaction of the Director of Engineering Services.
3.20 The SUBDIVIDER shall submit a Water Servicing Report that reviews the extent of
the lands that can be serviced by the municipal water distribution network to the
Utilities Department.
3.21 The SUBDIVIDER agrees that prior to servicing of Block 45, stormwater
Block 32 - Stage 4B (30T-98201) must be fully operational
to the satisfaction of the Director of Engineering in consultation with the Director of
Operations.
3.22 The SUBDIVIDER shall make arrangements to provide any sanitary servicing
extensions, including required easements, to service all plans to the west of the
irector of Engineering Services.
3.23 The SUBDIVIDER agrees that where major overland flow routes are not on
municipally owned lands, the owner must deed to the City a minimum 6.0 m wide
drainage corridor .Further,
service easements are to have a minimum 5.0 metre width.
3.24 The SUBDIVIDER shall prepare a detailed engineering design for stormwater
management facilities including the required amount of retention facilities as
specified by the Council approved SWM Policy (MUN-UTI-2003), and obtain
4 - 14
Conditions of Draft Approval
the Grand River Conservation Authority. The detailed engineering design will locate
the stormwater management facilities and be supported by a Geotechnical
Investigation Report that assesses the suitability of soils to support proposed
infiltration measures.
3.25 Prior to Servicing or Registration, whichever occurs first, the SUBDIVIDER shall
make arrangements for the granting of any easements required over Multiple
Residential Block 45, being the block identified for infiltration measures, to the
Engineering Services
and as may also be required to ensure implementation, access to and maintenance
of infiltration facilities.
3.26 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall
prepare an On-Street Parking Plan and a Signage and Pavement Marking Plan to
The On-Street Parking Plan shall depict proposed garage and driveway widths, and
shall be in accordance with t-Street Parking Policy and shall generally
provide for one on-street parking space for every two dwelling units. Other options
such as driveway length, andgarage space should be considered in accordance with
CITY policy.
3.27 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall
confirm that the servicing drawings are coordinated with the Priority Lotting Plan, On-
Street Parking Plan, Streetscape Plan and Master Tree Planting Plan required by
this agreement
and Director of Operations.
3.28 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to receive final approval of a Priority Lotting Plan and Design Guidelines for
Priority Lots
for good engineering practice, the Design Guidelines for Priority Lots shall include,
but not be limited to the following considerations:
a) For Gateway/Corner Priority Lots (Lots 38 & 39), building location, massing and
elevation drawings shall ensure that consideration has been given to the building
in relation to the street line and the design treatment along road frontages for
each lot/ dwelling, including such items as the provision for porches, porticos,
stairs, or other projections, secondary door entries, horizontal articulation, brick
and masonry-style skirting and /or accentuated (bay) windows and consideration
to fencing and landscaping.
b) For Park Priority Lots (Lots 11 & 12), 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 or angled
4 - 15
Conditions of Draft Approval
entry doors, horizontal articulation, brick and masonry-style skirting and/or
accentuated windows; and consideration to fencing and landscaping.
c) For Heritage Priority Lots (Lots 6 & 8), design guidelines shall be in accordance
with the direction in the approved Heritage Impact Assessment and Conservation
Plan (s. 5.1), prepared by MHBC Panning and dated January 2015 (revised
March 2017).
3.29 Prior to Servicing or Registration, whichever shall occur first, and in order to address
the sight line deficiencies identified in the Sight Distance Review prepared by
Paradigm Transportation Solutions Limited (May 2017), the SUBDIVIDER agrees to
submit an Intersection Design Study which shall include an Operational Analysis and
Functional Design prepared by a qualified engineer, for the intersection of
Transportation Services in consultation wi and
Fire Chief.
The SUBDIVIDER agrees to implement the approved intersection and/or road
on Services. The SUBDIVIDER
agrees that all costs associated with intersection and/or road improvements,
including but not limited to detailed design, construction, land dedication, preparation
of reference plans, andlegal fees will be the responsibility of the SUBDIVDER and to
Director of Transportation Services.
The SUBDIVIDER agrees that prior to registration of the plan any necessary
modifications will be made to the Draft Plan of Subdivision in order to implement the
approved design. Any required lands shall be dedicated to the CITY, at no cost and
free of encumbrance, by the Registration of the Plan of Subdivision. Further, in the
eventuality that the Director of Transportation Services is not satisfied with any
proposed intersection design solution, the SUBDIVIDER acknowledges that the draft
plan will not be released by the CITY for Registration, and that the Draft Plan of
Subdivision will require amendment.
Part 4 Prior to Application Being Made for Any Building Permit
4.18 The SUBDIVIDER agrees to submit building elevation, building location, lot grading
and/or landscape drawings for Priority Lots as identified in the approved Priority
Lotting Plan and in accordance with the Design Guidelines for Priority Lots for
dwellings shall be designed and constructed in accordance with the approved plans,
Building Official
4.19 The SUBDIVIDER agrees to undertake any measures required to ensure proper water
pressure to all lots and blocks within the proposed plan of subdivision to the satisfaction
Chief Building Official in
4 - 16
Conditions of Draft Approval
4.20 The SUBDIVIDIER agrees that all dwellings shall be designed in accordance with
garage and driveway widths shown on the approved On-Street Parking Plan to the
Director
of Planning and Director of Transportation Services.
Part 6 Other Time Frames
6.11 The SUBDIVIDER agrees that no building permit shall be applied for or issued for
Priority Lots, as listed below, unless the building designs are in accordance with the
approved Design Guidelines for Priority Lots t
Building OfficialandDirector of Planning. The SUBDIVIDER and subsequent
additions, major alterations and fencing.
a) Gateway/Corner Priority Lots, being Lots 38 & 39
b) Park Priority Lots, being Lots 11 & 12
c) Heritage Priority Lots, being Lots 6 & 8
6.15 The SUBDIVIDER agrees that if an existing private water supply is disrupted to
properties located adjacent to the plan, within two years of the completion of
construction and acceptance of underground services for the entire subdivision, as a
result of the development of the subdivision, the SUBDIVIDER shall provide at no
of Engineering Services. The SUBDIVIDER further agrees that if any
collateral/structural damages to neighbouring properties occurs as a result of this
development, it is the sole responsibility of the SUBDIVIDER to rectify these
6.16 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
with home buyers, and/or Rental Agreements, that advises of the presence of lot
level infiltration gallery requirements (as applicable) and the requirement to maintain
such facilities including the requirement that homeowners are not permitted to
disconnect downspouts. Further, occupants/owners shall be notified in the
agreement of the exact location, size and intent of infiltration galleries. The wording
of the statement shall be to the satisfaction of the Director of Engineering Services.
6.17 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Huron Road. 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
6.18 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine
the locations of all centralized mail receiving facilities to the satisfaction of Canada
Post, in consultation with the
SUBDIVIDER shall provide temporary suitable centralized mailbox locations that
4 - 17
Conditions of Draft Approval
may be utilized by Canada Post until curbs, boulevards and sidewalks are
constructed for the plan of subdivision.
The SUBDIVIDER agrees to provide the City of Kitchener with evidence that
satisfactory arrangements, financial and otherwise, have been made with Canada Post
Corporation for the installation of Community Mail Boxed (CMB) as required by Canada
Post Corporation, at the time of sidewalk and/or curb installation.
6.19 That the SUBDIVIDER or subsequent Owner agrees to include the following clauses
in all Agreement of Purchase and Sale with home buyers, and/or Rental
Agreements, which advise:
a) that the home/business mail delivery will be from a designated Community
Mail Box;
b) that identifies the exact Community Mail Box locations.
The SUBDIVIDER further agrees that the location of all Community Mail Box facilities
willbe shown on maps, information boards and plans, including maps displayed in
the sales office.
6.20 That the SUBDIVIDER or subsequent Owner agrees to include the following clauses
on all Agreements of Purchase and Sale with home buyers, and/or Rental
Agreements, that advises (as applicable) that fencing is being installed on Walkway
Blocks and that owners of adjacent lots are restricted from installing solid board or
other like solid fences along the common property line with Walkway Blocks.
6.21 The SUBDIVIDER agrees to include a clause in allAgreements of Purchase and
Salewith home buyers, and/or Rental Agreements,that providesthe contact
information for the four (4) School Boards in the Region to ensure that purchasers
have contacts at the respective Boards for school boundary and other related school
accommodation inquiries.
6.22 The SUBDIVIDER or subsequent owner of Block 45 agrees to install a fence (visual
screen) anda 3.0 metre wide vegetated buffer along the lot lines adjacent to 760
Huron Road. Fencing and landscaping shall be approved and implemented through
the Site Plan Review process of the affected lands
Director of Planning.
6.23 The CITY and SUBDIVIDER agree that temporary and permanent Emergency
Access Routes must be provided via neighbouring lands known as PT LT 13
8 58R1779 (30T-98201, Freure
Developments Limited).
The SUBDIVIDER agrees that prior to Final Approval (i.e. registration) of this plan, an
Emergency Access Route shall be designed, constructed and made operational to
in consultation with the
Fire Chief, Director of Transportation Services andDirector of Planning. Further,
easements shall have been granted to the CITY for the temporary and permanent
tion
Director of Engineering and Director of Planning. The
4 - 18
Conditions of Draft Approval
SUBDIVIDER agrees that all costs associated with the Emergency Access Route
(temporary and permanent), including but not limited to design, construction,
maintenance, preparation of reference plans, legal fees or fees associated with
registration will be the responsibility of the SUBDIVIDER and to the satisfaction of
gineering.
In the eventuality that temporary and permanent Emergency Access Routes are not
secured in accordance with the foregoing, the SUBDIVIDER acknowledges that the
draft plan will not be released by the CITY for Registration, and that the Draft Plan of
Subdivision will require amendment in order to comply
Services Policy.
6.24 The SUBDIVIDER agrees to design and install commemorative signage in
accordance with the recommendations of the approved Heritage Impact
Assessment, dated January 2015 (revised March 2017) prepared by MHBC
Planning, and at timeframes acceptable to the CITY
Services. The commemorative signage shall include, but not necessarily be limited
to interpretive signage explaining the cultural heritage value of the property.All costs
associated with the foregoing are the responsibility of the SUBDIVIDER.
6.25 The SUBDIVIDER agrees to develop Lot 7 in accordance with the approved Heritage
Impact Assessment, Conservation Plan and Heritage House Design Guidelines, to
6.26 The Owner agrees to protect and conserve the Heritage Farmhouse, both prior to
and following relocation, through the following means and to the satisfaction of the
rector of Planning:
a) To keep the Heritage Farmhouse House occupied for as long as possible
prior to commencement of site/construction work to prevent vandalism
and deterioration;
b) To maintain the Heritage Farmhouse in good and sound condition at all
times prior to and during development of the property; and,
c) Should the Heritage Farmhouse become vacant or unoccupied, to
undertake the following:
i. To maintain heat within the building to ensure that essential
building systems and structure are not damaged;
ii. To establish and implement a regular inspection and monitoring
schedule and provide the Coordinator, Cultural Heritage Planning
with written updates;
iii. provide electronic monitoring of the premises with Direct Detect,
or a commercially available security system, which is actively
monitored by a security company and which provides for fire and
smoke alarm monitoring;
iv. To ensure ongoing property maintenance including snow removal
and grass trimming; and
v.-
providing interior lighting on timers.
4 - 19
Conditions of Draft Approval
Should the preceding measures not be undertaken to the satisfaction of
l be
undertaken:
vi. Secure and protect the Heritage Farmhouse House from damage
through procedures outlined in Article 34 (Vacant Heritage
Municipal Code; and
vii. rdance with CITY
specifications in a visible location on the property, indicating that
the Heritage Farmhouse House is to be conserved on site and
should not be vandalized and/or scavenged.
6.27 Prior to Lot 7 (Heritage Farmhouse) being conveyed to a new Owner the
SUBDIVIDER agrees that house and lot shall be designated under Part IV of the
Ontario Heritage Act. The CITY agrees that the Heritage Covenant Agreement may
be removed from title at thowing designation of the
Heritage Farmhouse.
2.2 That prior to the final approval of the plan to be registered, the SUBDIVIDER shall fulfill
the following:
1. That the City Standard Residential Subdivision be registered on title.
2.
Director of Planning and to obtain approval thereof.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on
any part of the land and to pay all outstanding taxes on the land.
4. The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under the direction of th
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 provisions 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 provisions of temporary
services and the removal of such services when permanent installations are
possible.
6. The SUBDIVIDER shall make satisfactory arrangements for the provisions of
permanent telecommunications 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.
4 - 20
Conditions of Draft Approval
7. The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply
with the following easement procedure:
a) to provide copies of the subdivision plan proposed for registration and
reference plan(s) showing the easements to the Kitchener-Wilmot Hydro,
Planning.
b)to ensure that there are no conflicts between the desired locations for
utility easements and those easement locations required by the CITY'S
Director of Engineering Services for municipal services;
c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/ Enhancement
Plan;
d) if utility easement locations are proposed within lands to be conveyed to,
or presently owned by the CITY, the SUBDIVIDER shall obtain prior
written approval f
Director of Engineering Services, or, in the case of parkland, the CITY'S
Director of Operations; and
e) to provide to the CITY'S Director of Planning, a clearance letter from
Kitchener-Wilmot Hydro, and telecommunication companies. Such letters
shall state that the respective utility company has received all required
grants of easement, or alternatively, no easements are required.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to
the appropriate authority, by the registration of the Plan of Subdivision.
9. The SUBDIVIDER agrees to convey, at no cost and free of encumbrance, the
following lands for the purposes set out below:
To the CITY:
a) Block 46 for park;
b) Block 47 for service corridor/emergency access/walkway; and
c) Blocks 48 & 49 for 0.3 metre reserves.
10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major
entrance to the subdivision, in accordance with a plan approved by the CITY
Director of Planning. The SUBDIVIDER acknowledges that a Sign Permit is required
for the subdivision billboard sign and that the sign shall be erected and designed in
accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the
applicable zone and outside the corner visibility triangle, with the specific,
4 - 21
Conditions of Draft Approval
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, trail links and
walkways, potential or planned transit routes and bus stop locations,
centralized mail facility locations, notification regarding contacts for school
sites and which advises prospective residents that students may be
directed to schools outside the neighbourhood, 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;
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
Services Department Planning Division or the appropriate School Board
for school accommodation information; and
f) The sign shall also advise prospective residents that students from the
subdivision may be directed to schools outside the neighbourhood.
11. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, which dedication is 0.268 hectares, by the conveyance of Block 46 to
the CITY, at no cost and free of encumbrance, which will satisfy the entire parkland
dedication.
12. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan.
13. Temporary and permanent Emergency Access Routes connecting the subject lands
through neighbouring lands known as
AND PTS 1 8 58R1779 (30T-98201, Freure Developments Limited) shall be
designed, constructed and made rector
of EngineeringDirector of Transportation
Services Further, easements
shall have been granted to the CITY for the temporary and permanent Emergency
SUBDIVIDER agrees that all costs associated with the Emergency Access Route
4 - 22
Conditions of Draft Approval
(temporary and permanent), including but not limited to design, construction,
maintenance, preparation of reference plans, legal fees or fees associated with
registration will be the responsibility of the SUBDIVIDER.
In accordance with condition 6.23 of the Subdivision Agreement, in the eventuality
that temporary and permanent Emergency Access Routes are not secured in
accordance with the foregoing, the SUBDIVIDER acknowledges that the draft plan
will not be released by the CITY for Registration, and that the Draft Plan of
Services Policy.
14. (2.20) Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER
shall enter into a Heritage Covenant Agreement with the City, addressing the
maintenance, relocation and rehabilitation of the Heritage Farmhouse and to
facilitate the taking of a letter of credit or other like security in a form and content
repairing, relocating and rehabilitating the heritage building in accordance with the
approved Heritage Impact Assessment and Conservation Plan, prepared by MHBC
Planning, dated January 2015 (revised March 2017) and the approved Heritage
House
and
Further, the SUBDIVIDER shall provide any Letter of Credit, required by the Heritage
ning.
15. (2.21) Prior to Grading or Registration, the SUBDIVIDER shall submit and receive
approval of Heritage House Design Guidelines, prepared in accordance with the
Heritage Impact Assessment and Conservation Plan, prepared by MHBC Planning,
dated January 2015 (revised March 2017), to the satisfaction of th
of Planning.
16. (3.25) Prior to Servicing, or Registration whichever occurs first, the SUBDIVIDER
shall make arrangements for the granting of any easements required over Multiple
Residential Block 45, being the block identified for infiltration measures, to the
and as may also be required to ensure implementation, access to and maintenance
of infiltration facilities. The SUBDIVIDER agrees to comply with the easement
procedure outlined in condition 2.2.7.
17. (3.26) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall prepare an On-Street Parking Plan and a Signage and Pavement Marking Plan
Operations.
The On-Street Parking Plan shall depict proposed garage and driveway widths, and
shall be in accordance with t-Street Parking Policy and shall generally
provide for one on-street parking space for every two dwelling units. Other options
such as driveway length, andgarage space should be considered in accordance with
CITY policy.
4 - 23
Conditions of Draft Approval
18. (3.27) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall confirm that the servicing drawings are coordinated with the Priority Lotting
Plan, On-Street Parking Plan, Streetscape Plan and Master Tree Planting Plan
required by this agreement
and Director of Operations.
19. (3.28) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to receive final approval of a Priority Lotting Plan and Design Guidelines for
Priority Lots
With consideration for good engineering practice, the Design Guidelines for Priority
Lots shall include, but not be limited to the following considerations:
a) For Gateway/Corner Priority Lots (Lots 38 & 39), building location,
massing and elevation drawings shall ensure that consideration has been
given to the building in relation to the street line and the design treatment
along road frontages for each lot/ dwelling, including such items as the
provision for porches, porticos, stairs, or other projections, secondary
door entries, horizontal articulation, brick and masonry-style skirting and
/or accentuated (bay) windows and consideration to fencing and
landscaping.
b) For Park Priority Lots (Lots 11 & 12), 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 or angled entry doors, horizontal articulation, brick
and masonry-style skirting and/or accentuated windows; and
consideration to fencing and landscaping.
c) For Heritage Priority Lots (Lots 6 & 8), design guidelines shall be in
accordance with the direction in the approved Heritage Impact
Assessment and Conservation Plan (s. 5.1), prepared by MHBC Panning
and dated January 2015 (revised March 2017).
20. (3.29)Prior to Servicing or Registration, whichever shall occur first, and in order to
address the sight line deficiencies identified in the Sight Distance Review prepared
by Paradigm Transportation Solutions Limited (May 2017), the SUBDIVIDER agrees
to submit an Intersection Design Study which shall include an Operational Analysis
and Functional Design prepared by a qualified engineer, for the intersection of
Fire Chief.
The SUBDIVIDER agrees to implement the approved intersection and/or road
, in
agrees that all costs associated with intersection and/or road improvements,
4 - 24
Conditions of Draft Approval
including but not limited to detailed design, construction, land dedication, preparation
of reference plans, andlegal fees will be the responsibility of the SUBDIVDER and to
Director of Transportation Services.
The SUBDIVIDER agrees that prior to registration of the plan any necessary
modifications will be made to the Draft Plan of Subdivision in order to implement the
approved design. Any required lands shall be dedicated to the CITY, at no cost and
free of encumbrance, by the Registration of the Plan of Subdivision. Further, in the
eventuality that the Director of Transportation Services is not satisfied with any
proposed intersection design solution, the SUBDIVIDER acknowledges that the draft
plan will not be released by the CITY for Registration, and that the Draft Plan of
Subdivision will require amendment.
21. 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.
3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS:
1. That this approval applies to Plan of Subdivision 30T-15201 for Freure Promontory
2017.
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 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;
4 - 25
Conditions of Draft Approval
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
6. That prior to final approval of multiple residential Block 45, 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.
7. 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 applicable laws and regulations to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
Furthermore, that the Owner enter 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.
8. 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 City of Kitchener, Grand River Conservation Authority, and the
Regional Municipality of Waterloo.
satisfaction of the Regional Commissioner of Planning, Development and Legislative
Services.
9. That prior to final approval of all or any part of this plan of subdivision, the Owner
Residential Development 710 Huron
January 22, 2015), to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services. 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.
10. Notwithstanding Condition 9 above, that prior to final approval of all or any part of
this plan of subdivision, the Owner enter into a registered development agreement to
prepare a final noise study to indicate to the Regional Municipality of Waterloo
methods to be used to abate road traffic noise levels for multiple residential Block 45,
4 - 26
Conditions of Draft Approval
and if necessary, shall enter into a subdivision agreement with the City of Kitchener
to provide for implementation of the accepted noise study attenuation measures.
11. 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
Geographic Township of Waterloo, County of Waterloo, City of Kitchener, Regional
Mu
January 15, 2015, to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
4.0 OTHER AGENCY CONDITIONS
Grand River Conservation Authority
1. Prior to any grading or construction on the site, and prior to registration of the plan,
the Subdivider or their agents will address the following conditions to the satisfaction
of the Grand River Conservation Authority (GRCA):
a. A Detailed Storm Water Management Report be submitted to the GRCA in
accordance with the 2003 Ministry of the Environment Report entitled
"Stormwater Management Planning and Design Manual" and in keeping with the
Preliminary Storm Water Management Report, prepared by Stantec dated
January 2015.
b. Detailed Lot Grading, Servicing and Storm Drainage Plans be submitted and
approved to the satisfaction of the GRCA.
c. Erosion and Siltation Control Plans be submitted and approved to the satisfaction
of the GRCA in accordance with the Erosion and Sediment Control Guidelines for
Urban Development and indicating the means whereby erosion will be minimized
and silt maintained on site through all phases of grading, serving and
construction.
d. Submission and approval of a Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Permit from the GRCA prior to the
any grading or development (as defined by the Conservation Authorities Act)
within regulated areas.
5.0 CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by the Regional Commissioner of Planning, Development
andLegislative Services that Conditions 3.1 to 3.11 have been carried out to the
satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
Region shall include a brief statement detailing how each condition has been
satisfied.
2.That prior to the signing of the final plan by the
shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 and 2.2.7 have been
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Conditions of Draft Approval
carried out satisfactorily. The clearance letter shall include a brief statement detailing
how each condition has been satisfied.
3.
shall be advised by the telecommunication companies (Bell, Rogers) that Conditions
2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter shall include a
brief statement detailing how each condition has been satisfied.
4. That prior to the signing of the final plan by the CITY
Director shall be advised by the Grand River Conservation Authority that Condition
4.1 has been met to its satisfaction. The clearance letter shall include a brief
statement detailing how the condition has been satisfied or carried out.
6.0 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, phone and fax numbers.
4. The owner/developer is advised that the Regional Municipality of Waterloo has
adopted By-Law 17-001, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c.
P.13, as 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 17-001, the
current fee for review of a road traffic noise study is $250.00, 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.
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Conditions of Draft Approval
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 thefile, 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 registratio
purposes:
One (1) original mylar
Three (3) mylar copies
Four (4) white paper prints
One (1) AutoCAD (.dwg) file
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Zoning By-law
PROPOSED BY LAW
May 3,2017
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
Freure Promontory Inc. 710 Huron Road)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Schedule Numbers 153 and 154 o-law Number 85-1are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Three Zone(R-3) with Holding Provision 17HSR to Residential
Four Zone (R-4) with Special Regulation Provision 695R.
2. Schedule Number 153-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 Residential
Three Zone (R-3) with Holding Provision 17HSR to Residential Four Zone (R-4)
with Special Regulation Provision 696R.
3. Schedule Number 153-law Number 85-1is 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 Residential
Three Zone (R-3) with Holding Provision 17HSR to Residential Six Zone (R-6) with
Special Regulation Provision 697R.
4. Schedule Numbers -law Number 85-1are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 4on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Three Zone (R-3) with Holding Provision Holding Provision 17HSR
to Residential Six Zone (R-6) with Special Regulation Provision 698R.
5. Schedule Number -law Number 85-1is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from Residential
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Zoning By-law
Three Zone (R-3) to Residential Six Zone (R-6) with Special Regulation Provision
698R.
6. Schedule Numbers 153 and 154 o-law Number 85-1are
hereby amended by changing the zoning applicable to the parcels of land specified
and illustrated as Area 6 on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Three Zone (R-3) with Holding Provision 17HSR to Public Park
Zone (P-1).
7.-law 85-1 is hereby amended by adding Section 695R thereto
as follows:
695. Notwithstanding Section 38.2, the minimum side yard setback for a single
detached dwelling shall be 0.6 metres on one side and 1.2 metres on the
other side,provided a0.6 metre easement is granted by the owner of the
abutting lands for the maintenance of the walls, eaves and real property,
on the side setback less than 1.2 metres from the property line.
8.-law 85-1 is hereby amended by adding Section 696R thereto
as follows:
696. Notwithstanding Section 38.2, the minimum rear yard setback shall be 7.0
metres.
9.-law 85-1 is hereby amended by adding Section 697R thereto
as follows:
697. Notwithstanding Sections 40.5 and 5.24, the minimum side yard setback
for a street fronting townhouse dwelling shall be 1.5 metres, the minimum
lot width shall be 5.486 metres, and the minimum setback to a City
Arterial as
metres from the street line.
10. to By-law 85-1 is hereby amended by adding Section 698R thereto
as follows:
698. Notwithstanding Section 40.6, multiple dwellings (including cluster
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Zoning By-law
townhouses) shall be setback a minimum of 7.5 metres from the property
addressed as 760 Huron Road.
PASSED at the Council Chambers in the City of Kitchener this
day of ,2017.
_____________________________
Mayor
_____________________________
Clerk
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C Newspaper Notice
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED PLAN OF SUBDIVISION AND AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTIONS 34 AND 51 OF THE PLANNING ACT
710 Huron Road
The City of Kitchener has received applications for Draft Plan of Subdivision and a Zone Change to permit the lands to be
developed with a low rise residential subdivision which includes 38single detached dwellings, 6 street fronting
townhouses, a multiple block for 98 townhouses, and a park. The lands are proposed to be rezoned to residential zones
R-4 and R-6,and Park Zone P-1with special regulation provisions.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, JUNE 12, 2017 at 6:00 P.M.
nd
COUNCIL CHAMBERS, 2 FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in
opposition to, the above noted proposal. If a person or public body does not make oral submissions at this public
meeting or make a written submission prior to approval/refusal of this proposal, 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).
Katie Anderl, Senior Planner - 519-741-2200 ext. 7987 (TTY: 1-866-969-9994), katie.anderl@kitchener.ca
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