HomeMy WebLinkAboutDSD-18-021 - Draft Plan of Subdivision 30T-07205 - OPA - ZC - Fischer Hallman, Plains & HuronREPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: June 18, 2018
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 16, 2018
REPORT NO.: DSD-18-021
SUBJECT: Modification to Draft Approved Plan of Subdivision 30T-07205
Zone Change Application ZC17/019/H/KA
Official Plan Amendment OP17/007/H/KA
1940 Fischer Hallman Road, 163 Plains Road, 780 Huron Road
Owner: Schlegel Urban Developments Corp.
RECOMMENDATIONS:
A. That Official Plan Amendment Application OP17/007/H/KA for Schlegel Urban
Developments Corp. requesting a change to the Urban Structure Identification and Land
Use Designations be adopted in the form shown in the Official Plan Amendment
attached to Report DSD-18-021for the lands specified and illustrated
s A and B thereto,and accordingly forwarded
to the Region of Waterloo for approval; AND
B. That Zone Change Application ZC17/019/H/KA for Schlegel Urban Development Corp. be
approved -attached to
Report DSD 18-; and that in accordance with Planning Act
Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for
lands subject to Zone Change Application ZC17/019/H/KA; AND
C.That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and Delegation By-law 2002-64, hereby modifies the conditions
of draft approval for Plan of Subdivision Application 30T-07205, in the City of Kitchener, for
Schlegel Urban Developments Corp., as attached to Report DSD 18-021 as;
AND FURTHERTHAT
D. That staff be directed to proceed with the Privately Owned and Maintained Publically
Accessible (POMPA) Parksconcept, in accordance with the discussion contained in
Report DSD 18-021, and subject to Conditions of Draft Plan Approval as attached to
Report DSD 18-021 as ;that the Mayor and Clerk be authorized to execute
agreements which may be necessary to implement the POMPA Parks concept; and that
Council deem the deferred dedication ofparkland, as contemplated in the POMPA Park
concept, to comply with Parkland Dedication Policy (I-1074).
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Location Map Becker Estates
EXECUTIVE SUMMARY:
Schlegel Urban Developments Corp. is seeking approval of a modification to Draft Approved
Plan of Subdivision 30T-07205, an Official Plan Amendment and a Zone Change to allow
changes to the approved Becker Estates subdivision. The modifications to the plan and
designation, together with the proposed zoning regulations result in improved design flexibility
and efficiencies which drive better urban design, a more compact urban form and high quality
streetscapes. Staff are in support of the applications and recommend approval, subject to the
modified conditions of draft approval appended to this report.
The subdivision also includes a number of park spaces which Schlegel Urban Developments
Corp. wishes to develop as enhanced parks within the City. The Subdivider is presenting the
City an exciting and innovative park concept whereby the parks would be developed to a high
design standard, with features beyond those typically considered for neighbourhood parks and
beyond the usual financial means of the City. This proposal would retain parks in private
ownership, and subject to ongoing private maintenance, however fully open and accessible to
the public and able to be transferred to City ownership at any time. Staff are supportive of this
concept and recommend pursuing this proposal further.
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BACKGROUND:
The Becker Estates Subdivision (30T-07205) was originally draft approved by the Ontario
Municipal Board, together with implementing zoning and Official Plan designations in 2009.
The subdivision represents a well-designed, contemporary subdivision having a mix of
residential dwelling types including low, medium, and higher density forms of housing, mixed-
use blocks, an elementary school, storm water management pond, unique park spaces, and
the integration of two heritage features including the Becker farm house at 1940 Fischer
Hallman Road and the commemoration of Plains Road.
The subdivision has been unable to proceed due to servicing constraints. However, some
grading works have been initiated, and some major pieces of municipal infrastructure, including
aRegional watermain, and the south branch of the Strasburg Trunk Sanitary Sewer have been
or are in the process of being constructed through the lands, and will facilitate this subdivision.
In addition, and in accordance with existing conditions of draft approval, Plains Road, which
diagonally bisected the subdivision has been closed, and conveyed to the subdivider.
Since 2009, subdivision design, zoning and residential market preferences have evolved and
the subdivider is proposing modifications to the plan, together with more contemporary zoning
regulations which result in improved design flexibility and land efficiencies.
REPORT:
Proposed Official Plan Amendment:
The subject lands were comprehensively planned, designated and zoned in 2009 in order to
implement the Becker Estates Subdivision (30T-07205). The Subdivider is proposing to
modify the Draft Plan to accommodate changes to the street network, lot and block
configurations in order to allow medium density development framing the central park, while
locating lower density development in the surrounding areas of the plan.An Official Plan
Amendment is required in support of the proposed modifications to the draft plan of
subdivision.
The details of the proposed Amendment are included in A
Amendment, and comprises the following changes:
Map 2 is amended by changing the Urban Structure Identification of affected lands
from Community Node to Community Area
Map 3 is amended by changing the land use designations of affected lands as follows:
o Area 1 from Medium Rise Residential to Low Rise Residential
o Area 2 from Mixed Use to Low Rise Residential
o Area 3 from Low Rise Residential to Medium Rise Residential
The original plan, contemplated street-fronting townhouses framing the park (Area 3) with
multiple dwellings or a residential care facility near Huron Road (Area 1). The Subdivider is
now proposing to locate 3 4 storey urban stacked towns surrounding the park (which will
achieve an FSR of about 1.5 in keeping with the Medium Rise designation, while locating
a mix of street townhouses and single detached dwellings in Area 1. This results in a swap
of densities. The proposed changes orient higher density development so that it frames the
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central park, and is located along the future transit route, and to locate lower density
housing in the surrounding neighbourhood.
As further discussed in the Planning Analysis section, staff are of the opinion that the
proposed Official Plan Amendment is consistent with the objectives of the Provincial Policy
Statement and conforms to Policies of the Growth Plan for the Greater Golden Horseshoe,
which both promote the creation of livable, sustainable and complete communities through
efficient development patterns, and which support transit use. The Official Plan Amendment
complies with policies of the Regional Official Plan.
Proposed Zone Change:
The subject lands were comprehensively rezoned in 2009 to implement the Becker Estates
Subdivision. As a result of the proposed modification the subdivider requires several
changes to the zoning to implement the modified plan. The Owner has also requested
further amendments to incorporate more contemporary regulations across the balance of
the subdivision.
Details of the zone change are included in the proposed Zoning By-law and Map 1,
B
the greatest residential densities, being the multiple residential blocks having R-8 and R-6,
466U zoning,along Fischer Hallman Road, adjacent to Mixed Use Blocks and surrounding
the central park, where there will be the best access to transit, shops, services and parks.
Residential Four and Residential Six zones, which permit low-rise, low-density forms of
housing will be applied to all other residential lands. All residential zones contain some mix
of the Special Provisions, as shown on Map 1 attached to the proposed By-law in Appendix
B The new regulations will result in improved design flexibility and land efficiencies to
help achieve better design through enhanced architectural articulation, support a compact
urban form, and a lively and attractive streetscape.
The proposed regulations are further described as follows:
466U
This regulation limits permitted uses to street fronting townhouses and low-rise multiples.
The purpose of this is to provide a transition from the higher density Mixed Use lands to
lower density forms of housing.
467U
To permit the sales centre in the heritage house for a period exceeding three years. Staff
are of the opinion that it is desirable for the heritage home to be used as a sales centre in
advance of the house being incorporated into a future multiple residential development.
732R
Torequire a minimum porch depth of 1.5 metres, to permit porches, stairs and ramps to
encroach within required yards, to permit reduced driveway setbacks to intersections, and
to permit a 1.5 metres setback to the 3.0 metre wide Huron Road Landscape Buffer, subject
to enhanced design standards.These regulations will apply across the entire subdivision
and will support front porch culture by requiring useable porch depths, and permitting
porches to be located closer to the street creating an attractive and lively streetscape.
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The applicant proposes to reduce driveway setbacks to intersections throughout the
subdivision from 9.0 metres to: 4.5 metres for lots having frontage on only one street (i.e. a
90 degree bend in a road); 5.9 metres for lots having frontage on a local street or minor
neighbourhood collector; and 8.0 metres for a lot fronting a major community collector. The
purpose of driveway setbacks are to ensure that parked vehicles do not block the corner
visibility for vehicles turning at an intersection, to ensure that vehicles stopped at a stop sign
do not block access to driveways, and to ensure that vehicles backing out of driveways
have sufficient space to manoeuver without backing into an intersection or crossing over the
pedestrian crosswalk. Transportation Services staff are supportive of reducing the setback
to 4.5 metres where the lot has frontage on only one street, and to 8.0 metres where the lot
fronts onto a major community collector. Staff cannot support a reduction from 9.0 metres to
5.9 metres where the lot fronts onto a local road or a minor neighbourhood collector road as
it has been found to potentially pose visibility, safety and operational concerns.
Transportation staff have found that a minimum setback of 7.0 metres is required to ensure
functional and safe driveway accesses. The recommended safe setbacks have been
incorporated into the proposed zoning by-law regulations.Based on the individual lot
location, driveway and building configuration a site specific reduction could be considered
by the Committee of Adjustment on a case by case basis. However, until such time as the
details of each lot and driveway configuration are known, staff are unable to determine if a
further reduction would be safe and functional. As such, and in accordance with s. 45 (1.3
& 1.4) of the Planning Act, Recommendation B of this report includes a statement whereby
Council permits the applicant to make applications for minor variances to the by-law, within
two years of the by-law being amended.
The reduced setback to Huron Road will permit houses to be designed so that they create
an enhanced streetscape, and buildings are required to include enhanced side yard
elevations. Side lotting and the reduced setbacks reduce the height and extent of noise
walls required, due to improved angles of noise deflection, and increased lengths of façade
fronting onto Huron Road. Together with the proposed window streets, these regulations will
result in a neighbourhood that faces and improves the Huron Road streetscape, rather than
turning its back on it.
733R, 734R & 735R
These regulations are similar and apply to a variety of zones depending on the permitted
residential land use. 733R will apply to the R-4 Zone, 734R to the R-6 zone and 735R to
the R-6, 466U Zone.The regulations contain the following special regulations based on
dwelling type:
Single detached dwellings: to permit reduced setbacks, reduced corner lot width, a 2.5%
increase in garage widths on certain lots, to require a minimum front yard landscaped area
and to prohibit fences between buildings and the street.
Street townhouse dwellings: to permit reduced setbacks, reduced corner lot width, an
increase in height from 10.5 to 11.5 metres, to require a minimum front yard landscaped
area and to prohibit fences between buildings and the street, permit a maximum building
coverage of 60%, and permit a maximum of 8 attached units
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Low-rise Multiple dwellings (in an R-6 zone): to permit reduced setbacks, an increase in
height from 10.5 to 11.5 metres, a maximum FSR of 0.75.
The proposed regulations are consistent with regulations that have been approved for a
number of new subdivisions and which are proving to allow for compact, attractive
neighbourhoods with active streetscapes, variation in housing design and roof lines, and a
distinct sense of place. Setback reductions are in the 0.5 to 1.5 metre range and would
apply to front, side, and rear lot lines resulting in improved land efficiencies. The purpose of
the increased garage width is to allow a greater range of lots to include double car garages
and planned double width driveways, which may help to deter illegal driveway expansions
by property owners in the future.Regulations also specify that where garages are designed
to accommodate more than one vehicle, garages must include one garage door per parking
space and that they must be separated by piers. This will help to enhance front elevations
and the streetscape with greater amount of building articulation and more interesting
facades, while also providing additional off-street parking for future residents.
In order to balance the reduced setbacks, and increased garage widths, staff have required
that each lot be required to provide a minimum contiguous landscaped area which has been
sized to incorporate soil volumes for tree plantings and other landscape features. This will
help to ensure that each lot will individually contribute to the enhanced streetscape.
Further, enhanced fencing regulations will ensure that exterior side yards are not dominated
by long expanses of privacy fencing, so that homes with enhanced flankage facades will not
be screened by such fencing. Rather, homes will contribute to the streetscape with
elevations including porches, windows, doors and pedestrian connections. Further direction
with respect to such elevations is included in the Priority Lotting Planrequired by the
Conditions of Draft Approval.
The proposed regulations will result in densities between 61 and 84 people and jobs per
hectare depending on the final number of multiple dwellings in the multiple and mixed-use
blocks. This will help the city to achieve densities targets for greenfield development.
736R
For multiple dwellings (in an R-8 zone): to permit reduced setbacks consistent with the
setback regulations above for buildings up to 11.5 metres, but to require additional setbacks
or step-backs for buildings greater than 11.5 metres in height.
737R
To legalize the setback of the heritage house at 1940 Fischer Hallman Road.
502R (revised)
For multiple dwellings (stacked town houses in R-8 zone): to reduce the maximum height
from 24.0 metres to 15.0 metres (8 storeys to 4 storeys) and to permit parking to be
provided at a rate of 1.25 spaces per unit.While the R-8 zone permits a maximum height of
24 metres, this height is not feasible given the proposed block configuration and
contemplated form of multiple.
With respect to the parking reduction, and in consultation with Transportation Services staff,
Planning staff are of the opinion that it is appropriate to reduce parking requirements for the
low-rise multiples from 1.75 spaces per unit to 1.25 spaces per unit. The subject lands are
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located on a transit route, and are located in close walking distance of the active
transportation network, and neighbourhood amenities. The subdivision design provides for
extra on-street parking spaces in front of the subject units in order to accommodate short-
term and visitor parking. Barrier Free parking will be accommodated on-site.
The zoning by-law will also correct the zoning of the Stormwater Management Pond and
Open Space blocks which were inadvertently reversed through the original by-law, and will
apply the Public Park Zone to a small additional piece of parkland at the northwest corner of
the plan. This additional parkland will improve the park connection to the adjacent public
school lands, and will allow the extent of noise wall previously required for Lot 183 (Stage 1)
to be reduced.
Proposed Modifications To Draft Approved Plan Of Subdivision:
Schlegel Urban Developments Corp. is proposing to modify the draft approved Plan of
Subdivision 30T-07205. Council has delegated approval authority for modifications to staff.
However, as the proposed modification is associated with a Zone Change and Official Plan
Amendment, which require Council approval, staff have elected to include the proposed
modification as part of the overall approvals (although they could be approved at a staff
level).
The primary area of change is in Stage 1,south of Huron Road and east of Mixed Use
Block 1 (Stage 12) as shown on Maps 1 and 2 below. The original draft approved plan
shows these lands as a Medium Density Residential Block, shown on Map 1 below. The
Subdivider is now proposing local streets in this area. As discussed in the context of the
Official Plan Amendment and Zone Change, this will result in somewhat lower densities on
the affected parcel of land, however, this is off-set by the increase in residential densities in
areas surrounding the central park, and higher densities achieved throughout the
subdivision.Staff are of the opinion that the proposed street layout and lotting is
appropriate for the development of the lands, and comment that the changes provide for a
as was previously approved east of the school block. Window
streets along Huron Road provide for dwellings which will face and have flankage onto
Huron Road rather than being rear-lotted with buildings turning their backs on the street,
which avoids extensive use of noise walls and rear yard privacy fencing.Staff are
supportive of the proposed modifications to the draft approved plan.
asterisk indicates
conditions which have been revised and/or new conditions and bolding denotes modified
wording. Most of the modified conditions require changes for administrative reasons to
reflect: approved street names, updated staff titles, revised dates, changes to staging and
lot/block numbering, updates due to technical & procedural matters, updates to wording for
clarity.
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Map 1 - Original Draft Approved Plan of Subdivision
Map 2 - Modified Plan of Subdivision
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The following conditions have been deleted (and are shown with a strikethrough) as they
are no longer required or relevant:2.1.2.18, 2.1.3.19, 2.1.6.13, 2.2.20, 2.2.21, 2.2.26,
2.2.29, and 2.2.30.
Regional, Grand River Conservation Authority and Waterloo Catholic District School Board
Conditions and Notes in Sections 3, 4 and 6 have been updated as required by the relevant
review authority.
The following conditions have been added:
2.1.3.24/2.2.35 & 2.2.36: Conditions 2.1.3.24/2.2.35 require that the Subdivider prepare and
submit a Multi-Use Pathway Plan to demonstrate locations and sequencing of such
pathways, and condition 2.2.36 requires that an easement be granted to the City for any
Multi-Use Pathway which may cross private lands.
2.1.6.32:Specifies noise wall construction and maintenance details.
2.1.6.33: Requires that a pedestrian connection be provided from Tartan Ave to Block 1
(Stage 12).
2.2.34: Requires that the heritage house at 1940 Fischer Hallman Road be designated
under Part IV of the Heritage Act prior to registration.
2.2.38: Requires that the Subdivider complete a Record of Site Condition for lands
contained within the former Plains Road right-of-way prior to registration.
2.1.6.11, 2.1.6.31, 2.2.11 & 2.2.37: Added to provide for the next steps in pursing the
POMPA Parks described below.
Privately Owned and Maintained Publically Accessible (POMPA) Parks:
Schlegel Urban Developments Corp. believes in the important role parks play in creating a
complete and healthy community. They have a demonstrated philosophy of creating high
quality public spaces and investing in urban design. They wish to create a series of
enhanced parks and landscape features throughout the Becker Estates neighbourhood
which will contain features that are beyond the capacity of City Operations to maintain in
perpetuity. The previously approved parks and landscape features will fulfill the park and
open space needs of this neighbourhood, contain features which commemorate the history
of Plains Road, create a sense of place in the neighbourhood, and will serve the needs of
this subdivision and the greater community. Staff are however concerned that the City will
not have the means to maintain the parks and landscaped spaces to the standard to which
they will be designed.
Schlegel Urban Developments Corp. has proposed an innovative park ownership and
maintenance model for this subdivision whereby parks may be retained in private
ownership, maintained jointly by property owners through condominium corporations, and
which would remain fully publically accessible. Staff have termed the proposed parks
Privately Owned and Maintained Publically Accessible Parks (POMPA Parks). While this
park structure is a new approach for the City of Kitchener,
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been implemented in nearby municipalities
including Guelph and Waterloo, and an urban private park program has been implemented
in Toronto.
Policies of provide parks and community facilities
in an efficient and sustainable manner that optimizes their use, supports intensification and
promotes flexibility to adapt to changing needs.Policies also indicate that the City will
endeavour to expand the supply of parkland through varied and innovative means including
partnership arrangements and joint ventures.The subject proposal is an innovative and
creative approach to the provision of parkland.
The park spaces included in the draft plan fulfill parkland needs of the subdivision, and the
size of the spaces represents the full parkland dedication permitted by the Planning Act.
However the POMPA Park concept contemplates that the actual dedication of these parks
to the City could be deferred, subject to the Subdivider entering into necessary agreements
with the City.Staff suggest that if this model operates as anticipated, the parks could
remain in private ownership in perpetuity, thereby removing the City entirely from ongoing
maintenance responsibilities. However, the required agreements, including conditions of
this draft plan of subdivision, will require that the parks must be conveyed to the City upon
demand, if for any reason the City is no longer satisfied with them remaining in private
ownership. Should this right be exercised, the parks would be dedicated to the City,
thereby fulfilling the complete parkland dedication requirement.The City also contemplates
securities (such as through letters of credit or other mechanisms) to ensure that any park
space that is ultimately conveyed to the City can be returned to a standard acceptable to
the City.
Under the POMPA Park structure, each lot in the subdivision would be a parcel of land that
is tied to a Plan of Common Elements Condominium. The express purpose of the
condominiums would be to own and maintain the parks in the subdivision, and
condominium fees would be collected for this purpose. The parks would to be designed to
and a number of agreements will be required in order to facilitate this
plan. These agreements may include condominium agreements, development agreements,
maintenance and/or licence agreements, option agreements, and other terms such as
letters of credit to ensure appropriate implementation, construction, and that public access
is guaranteed. Under this model, and because the lands remain privately owned, the City
would have no liability or maintenance responsibility.
staff request that Council endorse the
POMPA Parks concept by directing staff to proceed with further discussions and
negotiations with the Subdivider, that the deferred parkland conveyance be deemed to
comply with the Parkland Dedication Policy, and that the Mayor and Clerk be authorised to
execute agreements that may be necessary to implement this concept.
Planning Analysis:
Planning Staff are of the opinion that the subject Official Plan Amendment, Zone Change
applications and modification are consistent with policies of the Provincial Policy Statement,
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conform to the Growth Plan for the Greater Golden Horseshoe and comply with policies of
the Regional Official Plan and City of Kitchener Official Plan.
Provincial Policy Statement, 2014
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land-use planning and development. The PPS sets out policies to
consider in order to build strong, healthy communities. The PPS is supportive of efficient
development and land-use patterns which sustain the financial well-being of the Province
and municipalities over the long-term, communities that accommodate an appropriate range
and mix of land uses, including an appropriate range of housing types and densities,
promoting cost-effective development patterns and standards to minimize land consumption
and servicing costs. The PPS promotes development and land use patterns that consider
the impacts of a changing climate and which supports transit use and active transportation.
Planning staff is of the opinion that the proposed applications are consistent with the PPS
as they will facilitate the development of the subject property with a compact mixed-use
neighbourhood, having a mix of housing styles including single detached, street-
townhouses and low, medium and high-rise multiples. A variety of high-quality, publically
accessible park spaces and recreation features support a healthy and active community.
The modified grid street network, provision of transit facilities, on-street bike lanes and off-
road multi-use pathways promote active transportation options and transit. Planning staff
are of the opinion that the requested applications are consistent with the policies and intent
of the PPS.
Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan):
Staff are of the opinion that the proposed modification, Official Plan Amendment and Zone
Change conform to the policies of the Growth Plan. Guiding Principles of the Growth Plan
support the development of complete and compact communities that are designed to
support healthy and active living, and which prioritize intensification to make efficient use of
land and infrastructure, while protecting agricultural lands and supporting transit viability.
The Growth Plan also supports development of communities which provide convenient
access to an appropriate mix of jobs and public service facilities, which encourage active
transportation, high quality public open spaces, opportunities for recreation, and access to
healthy food, andwhich provides a range and mix of housing options. The Growth Plan
also supports the development of compact communities, which helps protect expansion into
agricultural lands.
Places to Grow directs growth within settlement areas to locations with existing or planned
designated greenfield area), and are identif
Management Plan 2017-2019. The Region has indicated that Tartan Ave will be a bus
route with up to 5 transit stops through the community, and a future I-Xpress stop has been
identified on or adjacent to Block 1, Stage 12. The proposed modification to the subdivision,
Official Plan Amendment and Zone Change focus higher density residential uses along the
future transit route improving access for future residents. Bike lanes and multi-use
pathways, together with traffic calming features are also focussed along transit routes, and
will provide active transportation options through the neighbourhood. The transportation
network connects major community features including the new RBJ Schlegel Park, the
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mixed-use node at Fischer Hallman Road and Huron Road, local elementary schools along
Tartan Avenue, and neighbourhood parks and natural open spaces.
Places to Grow supports complete communities with a diverse mix of land uses, including
residential and employment uses, and convenient access to local stores, services, and
public service facilities. Policies also support high quality compact built form and an
attractive and vibrant public realm which includes public open spaces.The Draft Approved
Plan of Subdivision and existing zoning and designations provide for arange of commercial
and mixed uses, an elementary school, low- medium- and high-rise residential uses, parks,
and natural areas. The proposed modification, Official Plan Amendment and Zone Change
maintain the existing range of uses, and have the effect of focussing the higher density
residential uses so that more residents will be located closer to the central neighbourhood
park, and the planned transit route and active transportation network. The proposed
modification and amendments will permit the creation of a more compact community
overall.
Regional Official Plan (ROP):
Urban Area policies of
within the Urban Area. This area will provide for the physical infrastructure and community
infrastructure to support growth, including transportation networks, municipal drinking-water
supply and wastewater systems, and a broad range of social and public health services.
The subject lands are designated Urban Designated Greenfield Areas in the ROP.In
general, these areas will be planned to create a more compact urban form with a greater
mix of employment, housing and services in close proximity to each other.
Regional staff have indicated that they have no objections to the proposed applications,
however have requested certain updates to the Conditions of Draft Plan Approval (which
E
the modified conditions of draC
opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan:
Objective 4.1.1 and policy 4.C.1.12 of the Official Plan requires that the City provide for an
appropriate range, variety and mix of housing types and styles, densities, tenure and
affordability to satisfy the varying housing needs of our community through all stages of life,
throughout the City and within neighbourhoods. The proposed OPA provides for a new
form of low-rise street-fronting multiples within this neighbourhood, increasing housing
options for future residents. The plan continues to provide for a variety of low- medium- and
high-rise forms of housing with opportunities for freehold and condominium ownership or
rental. Medium Density Residential and Mixed Use parcels continue to permit a residential
care facility and higher-density, higher-rise multiple dwelling types.
Staff are of the opinion that the proposed modifications and zoning amendments comply
with policies of the Official Plan. The First Guiding Principal of the Official Plan (2.B.3) is to
build a compact, vibrant, complete and healthy community. The proposed modifications
and zoning by-law amendments provide for the creation of a complete community which
housing, recreation, commerce, community and cultural facilities, health care facilities,
parks and open spaces distributed and connected in a coherent and efficient manner. A
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complete community also supports the use of public transit and active transportation,
enabling residents to meet most of their daily needs within a sho
The proposed zoning and modifications align with housing policy 4.C.1.13 which
encourages innovative forms of housing, such as the rear laneway stacked towns, that are
compatible with surrounding lands uses, support the development of complete communities,
are transit support and transit oriented and which add architectural interest and character.
Neighbourhood Design policies 11.C.1.27 and 11.C.1.28 state that in Suburban
reate diverse, attractive, walkable
neighbourhoods that contribute to complete and healthy communities, and which aim to
achieve walkability, variety, place making, conservation, connectivity, transit-supportive and
safety of all neighbourhoods. Staff are of the opinion that the proposed changes to the
subdivision and zoning align with policies of the Official Plan.
AGENCY COMMENTS:
Notice of the subject applications was circulated to commenting City and agency staff.
Comments are attached in Appendix
Heritage
The approved 2009 Draft Plan and conditions provide for the conservation of two heritage
features: the farmhouse at 1940 Fischer Hallman Road (Block 1, Stage 14) and the former
Plains Road alignment. Heritage Planning staff have reviewed the revisions to the draft
plan and have requested several modifications to update conditions of Draft Plan Approval.
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in the review of the design for parks along the former Plains Road alignment and are
ept to help achieve enhanced park and
commemoration features.
Environment
The original Draft Approved Plan provided for retention and buffering to the
woodland/wetland feature along the eastern property line. Commenting department and
agency staff have no concerns with the proposed changes.
Municipal Servicing
Stormwater, sanitary and water servicing were considered through the original draft plan
approval. All lots will be municipally serviced and commenting departments and agencies
are satisfied that the planned services can accommodate the proposed changes.
Transportation and Traffic
Transportation Planning staff are satisfied with the proposed modifications to the draft plan.
They are supportive of the use of raised intersections as a traffic calming feature and the
overall proposed design of the right-of-ways. They have reviewed the proposed zoning
regulations and are supportive of reductions to driveway setbacks to intersections, as
provided for in the proposed by-law, and reductions to the required parking for the stacked
townhouses from 1.75 to 1.25 spaces per unit. Staff confirm that the preliminary On-Street
Parking Plan provides sufficient on-street parking dispersed throughout the subdivision, and
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note that final plans will be required on a stage by stage basis prior to servicing or
registration.Transportation Staff are satisfied with the proposed street names and road
network throughout the subdivision.
Parks and Operations
Operations staff continue to be supportive of the sizes and configurations of the draft
approved parks and open spaces.Operations staff are supportive of the Multi-Use Pathway
locations and associated conditions.Operations staff are also supportive of the proposed
POMPA Parks concept and will work together with the Subdivider, Planning staff and the
City Solicitor to review park designs and to develop appropriate implementing agreements
which may be required to move this concept forward.
Region
The Region has no objections to the proposed modifications to the Draft Approval Plan of
Subdivision, or the proposed Official Plan and Zoning By-law Amendments. Modifications
to the conditions of Draft Plan approval have been requested and are incorporated into
Noise
Fischer Hallman Road and Huron Road are considered sources of traffic noise, and noise
mitigation will be required. The Region of Waterloo has requested noise warning clauses
and that certain noise mitigation techniques be used for dwellings in proximity to Huron
Road and Fischer Hallman Road. This includes the construction of limited sections of noise
walls along Huron Road. The proposed side lotted design along Huron Road will minimize
the height and extent of the noise wall and it will generally take the place of a privacy fence.
COMMUNITY INPUT
Staff received comments from two nearby property owners and a third property owner
requested notice but provided no comment.
One respondent raised concern with the proposed stacked townhouses, decrease in
setbacks between buildings and corner lot widths, and increase in height, however indicated
support for the increase in garage width. Staff comment that stacked townhouses are a
form of multiple dwelling which provides a medium density in a low-rise form, which is
compatible with adjacent low-rise forms of housing such as single detached dwellings. The
proposed modification relocates the multiple dwellings so that they are more central to the
draft plan and are in a location which will improve the design of the central spine in this
subdivision. This also has the effect of shifting the multiples away from Huron Road, and
property of the respondent. As discussed in the preceding sections of this report, the
requested zoning provides for setbacks and lot widths that are consistent with and have
been implemented in other nearby subdivisions. They provide for a more compact urban
form, supporting enhancements to the streetscape and improving the overall neighbourhood
design, while helping support transit viability. Since circulation, the subdivider has adjusted
the requested increase in height (from 10.5 to 11.5 metres) so that it would only apply to
street fronting townhouses. Further, a maximum height of 15 metres, rather than 24
metres, has been included for the stacked townhouses.
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The second response was received from representatives of the YOG temple which is
located west of Fischer Hallman Road. The majority of the comments provided relate to the
future intersection of Plains Road at Fischer Hallman Road and the future Fischer Hallman
Roaddesign, which is outside the scope and boundaries of the subject applications. City
and Regional staff, the Ward Councillor and representatives from YOG temple have met to
discuss the intersection, road design, increases in traffic volume, municipal servicing and
safety as it relates to the questions raised by representatives of the YOG Temple. Staff
comment that through the original draft plan approval (and existing conditions) Plains Road
was approved to be closed through the Becker Estates Subdivision.It is now closed and a
temporary turnaround constructed. At such time as Stage 5 is built, Plains Road will be
connected to the local street system. As per the existing conditions, the subdivider is
responsible for works associated with Plains Road within the plan and is also required to
upgrade certain sections of Plains Road between the southern limits of the subdivision and
Fischer Hallman Road.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievem
through the delivery of core service.
FINANCIAL IMPLICATIONS:
Upon registration, there will be ongoing operations costs for the maintenance of 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.Previous financial commitments have been made with
respect to the Commemoration Cost Sharing for parks along Plains Road, and no changes
have been made to the Cost Sharing Schedule as originally draft approved. However,
should the City proceed with the Privately Owned and Maintained Publically Accessible
Parks, the City will not be responsible for the ongoing maintenance and future replacement
costs for the parks and commemorative features located within this plan of subdivision.
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 response to this
circulation staff received responses from 3 property owners. Two property owner provided
comments which F Public Input, and staff comments are
provided in the Community Input section of this report. A courtesy notice advising of the
Statutory Public Meeting will be circulated to all commenting property owners.Notice of the
Planning and Strategic Initiatives Committee Meeting will be given in the Record on May 25,
2018 and a copy of the notice .
PREVIOUS CONSIDERATION OF THIS MATTER:
The Draft Plan of Subdivision was originally considered by Council September 14, 2009 (DTS-
09-133). Atthat time, Council recommended endorsement of the original Official Plan
Amendment, Zone Change and Draft Plan of Subdivision and Conditions of Draft Plan
3 - 15
Approval, and directed that staff appear on behalf of the City of Kitchener at the forthcoming
Ontario Municipal Board hearing with respect to the appeals of the planning applications. The
applications were approved by the Ontario Municipal Board December 15, 2009.
CONCLUSION:
Planning Staff are of the opinion that the subject Official Plan Amendment, Zone Change
applications and modification are consistent with policies of the Provincial Policy Statement,
conform to the Growth Plan for the Greater Golden Horseshoe and comply with policies of
the Regional Official Plan and City of Kitchener Official Plan.The changes to land use
locate the greatest intensity of
residential development in closer proximity to the planned transit route, high-quality parks
and the Mixed Use blocks. The changes to zoning will facilitate the development of a
compact community, with interesting and varied streetscapes and building design. The
proposed modification complies with policies of the Official Plan and improves the overall
layout and function of the subdivision. In considering the foregoing, staff are supportive of
the proposed modifications to the Draft Plan of Subdivision, the proposed Official Plan
Amendment and the proposed Zone Change, and are of the opinion that they represent
good planning.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services
Proposed Official Plan Amendment
Proposed Zoning By-law Amendment
Proposed Conditions of Draft Plan Approval, Modified Draft Plan and Cost
Sharing Schedule
Newspaper Notice
Department and Agency Comments
Public Input
3 - 16
Appendix “A” – Proposed Official Plan Amendment
AMENDMENT NO. ____ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
1940 Fischer Hallman Road
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AMENDMENT NO. ___ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
1940 Fischer Hallman Road, 163 Plains Road, 780 Huron Road
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of June 18, 2018
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee June 18, 2018
APPENDIX 3 Minutes of the Meeting of City Council June 25, 2018
3 - 18
AMENDMENT NO. X TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. ___ to the Official Plan of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is change the designation of lands in the Becker
Estates Subdivision to implement proposed modifications to the Draft Approved Plan of Subdivision
(30T-07205). The amendment comprises the following changes:
Map 2 is amended by changing the Urban Structure Identification of the subject lands from
Community Node to Community Area
Map 3 is amended by changing the land use designations of affected lands as follows:
o Area 1 from Medium Rise Residential to Low Rise Residential
o Area 2 from Mixed Use to Low Rise Residential
o Area 3 from Low Rise Residential to Medium Rise Residential
SECTION 3 BASIS OF THE AMENDMENT
The subject lands were comprehensively planned, designated and zoned in 2009 in order to
implement the Becker Estates Subdivision (30T-07205). The Subdivider is proposing to modify
the Draft Plan to accommodate changes to the lot and block configurations in order to allow
medium density development framing the central park, while locating lower density development
in the surrounding areas.
The original plan, contemplated townhouses framing the park (Area 3) with multiple dwellings or
a residential care facility near Huron Road (Area 1). The Subdivider is now proposing to locate
3 4 storey urban stacked towns surrounding the park, which will achieve an FSR of about 1.5
and in keeping with the Medium Rise designation, while locating a mix of street townhouses and
single detached dwellings in Area 1. This results in a swap of densities.
The effect of the proposed changes is to orient higher density development so that it frames the
central park, and is located along the future transit route, and to locate lower density housing in
the surrounding neighbourhood. The applicant has also applied for a Zone Change that will
implement the proposed designations.
The amendment as proposed herein is consistent with the objectives of the Provincial Policy
Statement and conforms to Policies of the Growth Plan for the Greater Golden Horseshoe,
which both promote the creation of livable, sustainable and complete communities through
efficient development patterns and an appropriate mix of land uses. The Official Plan
Amendment conforms to the Regional Official Plan.
SECTION 4 THE AMENDMENT
1. The City of Kitchener Official Plan is hereby amended as follows:
3
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a) Amend Map No. 2 Urban Structure by changing the Urban Structure
Identification of the subject lands from Community Node to Community Area, as
.
b) Amend Map No. 3 Land Use by:
i) Designating Area 1 Low Rise Residential instead of Medium Rise
Residential
ii) Designating Area 2 Low Rise Residential instead of Mixed Use, as shown
iii) Designating Area 3 Medium Rise Residential instead of Low Rise
4
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APPENDIX 1: Notice of the Planning and Strategic Initiatives Committee Meeting (June 18,
2018)
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT, AMENDMENTS TO THE KITCHENER ZONING BY-LAW
AND MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-07205
UNDER THE SECTIONS 17, 22, 34 & 51 OF THE PLANNING ACT
Huron Road (Becker Estates Subdivision)
Schlegel Urban Developments Corp. is proposing to modify Draft Approved Plan of Subdivision 30T-
07205 to adjust the locations of medium-rise and low-rise residential uses and to add new local roads.
The owner has requested an Official Plan and Zoning By-law amendment in support of the proposed
modifications and to add zoning regulations that will permit an efficient, contemporary subdivision.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of
Council which deals with planning matters, on:
MONDAY, June 18, 2018 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 would otherwise
have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at a public meeting or
make written submissions to the City of Kitchener prior to approval/refusal of the proposal, the
person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council - click on the date in the calendar, scroll down & select meeting), or in
th
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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APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (June 18, 2018)
6
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APPENDIX 3 - Minutes of the Meeting of City Council June 25, 2018
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Appendix “B” – Proposed Zoning By-law Amendment
PROPOSED BY LAW
________,2018
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
Schlegel Urban Development Corp. 1940 Fischer
Hallman 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 Number 108 of -law Number 85-1is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Residential
Eight Zone (R-8) to Residential Six Zone (R-6) with Special Regulation Provisions
732R and 734R.
2. Schedule Number 108of-law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Six
Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provisions 732R
and 734R.
3. Schedule Number 107 of -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 Six
Zone (R-6) to Residential Six Zone (R-6) with Special Use Provision 466U and
Special Regulation Provisions732Rand 735R.
4. Schedule Number 108 of -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 Residential
Four Zone (R-4) to Residential Six Zone (R-6) with Special Regulation Provisions
732R and 734R.
5. Schedule Number 108 of -law Number 85-1 is 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 Neighbourhood
Shopping Centre Zone (C-2) with Special Use Provision 392U to Residential Six
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Zone (R-6) with Special Use Provision 466U and Special Regulation Provisions
732Rand 735R.
6. Schedule Number 108 of -law Number 85-1 is 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 Six
Zone (R-6) with Special Use Provision 393U and Special Regulation Provision
502R to Residential Eight Zone(R-8) with revised Special Regulation Provision
502R.
7. Schedule Numbers 108 and 154 of Appe-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Eight Zone (R-8) to Residential Eight Zone(R-8) with Special
Regulation Provision 736R.
8. Schedule Numbers 107, 108, 154 and 155 of-law Number 85-1
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Area 8 on Map No. 1, in the City of Kitchener, attached
hereto, from Residential Four Zone (R-4) to Residential Six Zone (R-6) with Special
Regulation Provisions 732R and 734R.
9. Schedule Numbers 153 and 154 of-law Number 85-1are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Four Zone (R-4)with Special Regulation Provision 503R to
Residential Four Zone (R-4) with Special Regulation Provisions 503R, 732R and
733R.
10. Schedule Numbers 107, 108, 109, 153, 154 and 155 of-law
Number 85-1are hereby amended by changing the zoning applicable to the parcels
of land specified and illustrated as Area 10 on Map No. 1, in the City of Kitchener,
attached hereto, from Residential Four Zone (R-4) to Residential Four Zone (R-4)
with Special Regulation Provisions 732R and 733R.
11. Schedule Number 108 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 11 on Map No. 1, in the City of Kitchener, attached hereto, from Medium
Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 637R,
Special Use Provision 424U and Holding Provision 67H to Residential Six Zone (R-
6) with Special Regulation Provisions 732R and 735R.
12. Schedule Number 107 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
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Area 12 on Map No. 1, in the City of Kitchener, attached hereto, from Residential
Eight Zone (R-8) with Special Use Provision 425U and Holding Provision 67H to
Residential Eight Zone (R-8) with Special Use Provisions 425U, 467U, Special
Regulation Provision 737R and Holding Provision 67H.
13. Schedule Numbers 107 and 108 of -law Number 85-1 are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 13 on Map No. 1, in the City of Kitchener, attached hereto,
from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Use
Provision 466U and Special Regulation Provisions 732Rand 735R.
14. Schedule Numbers 108 and 154 of -law Number 85-1are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 14 on Map No. 1, in the City of Kitchener, attached hereto,
from Open Space Zone (P-2)to Hazard Land Zone (P-3).
15. Schedule Number 154 of -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 15 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land
Zone (P-3) to Open Space Zone (P-2).
16. Schedule Number -law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 16 on Map No. 1, in the City of Kitchener, attached hereto, from Residential
Four Zone (R-4) to Public Park Zone (P-1).
17. Schedule Numbers 107, 108, 109, 153, 154 and 155 -law
Number 85-1are hereby further amended by incorporating additional zone
boundaries as shown on Map No. 1 attached hereto.
18.-law 85-1 is hereby amended by deleting Section 393 thereto.
19.C-law 85-1 is hereby amended by adding Section 466 thereto as
follows:
466. Notwithstanding Section 40.1 of this By-law, within the lands zoned R-6
as shown on ScheduleNumbers107 and 108andshown
as being affected by this subsection, the following uses shall not be
permitted:
Coach House Dwelling Unit
Duplex Dwelling
Lodging House
Semi-Detached Duplex Dwelling
Semi-Detached Dwelling
Single Detached Dwelling
3 - 28
20.-law 85-1 is hereby amended by adding Section 467 thereto as
follows:
467. Notwithstanding Sections 42 and 5.10A within the lands zoned R-8 as
shown on Schedule Number 107 of Appe
affected by this subsection, a sales centre for the purpose of selling
dwellings within Draft Approved Plan of Subdivision 30T-07205, is permitted
within all or any portion of the building municipally addressed as1940 Fisher
Hallman Road, and existing on the date of passing of this by-law, and is not
required to be removed after a period of three years. Parking shall be
provided at a rate of 1 space per 28 square metres of gross floor area
which accommodates such use.
21. AppendD-law 85-1 is hereby amended by adding Section 732 thereto as
follows:
732. a) Porches shall have a minimum depth of 1.5 metres.
b) Notwithstanding Sections 5.3, 5.5A,5.6.1 a), 5.6A.4 a), 5.24, 6.1.1.1 b)
iv), 6.1.1.1 c) iii), and Special Regulation Provisions 733R and 734Rof
the By-law), within the lands zoned R-4 and R-6 on Schedule Numbers
affected by this subsection:
i. Stairs and access ramps may encroach into a required front yard or
side yard abutting a street, provided the minimum setback to the
encroachment is 1.0 metres from the street line.
ii. Porches attached to the main building may be located within a
required front yard or side yard abutting a street provided the porch
is setback a minimum of 1.5 metres from the street line, whether or
not covered, and provided they are not enclosed and do not exceed
1.2 metres in height above finished grade. Notwithstanding the
foregoing, where any such porch is located in a driveway visibility
triangle, the porch shall not exceed 0.9 metres in height above
finished grade, and railings shall be constructed in a manner and of
materials that do not obstruct visibility.
iii. On a corner lot, an access driveway shall not be located closer than
the following distances to the intersection of street lines abutting the
lot and shall permit the parking of motor vehicles:
i) 8.0 metres for corner lots with frontage on a Major
Community Collector Street;
3 - 29
ii) 7.0 metres for corner lots with frontage on a Local Street or
Minor Neighbourhood Collector Street; and
iii) 4.5 metres for corner lots with frontage on one street only.
iv. The following regulations shall apply to any lot or block which abuts
the Huron Road Landscape Buffer:
i) The minimum setback for any residential building, or part
thereof, which abuts the Huron Road Landscape Buffer,
shall be 1.5 metres from the property line and any such
building having flankage on the Huron Road Landscape
Buffer shall provide for ground floor and upper storey
windows along the exterior side yard elevation.
ii) Fences and noise attenuation walls may only be located
within a rear yard, and may not be located in the front yard or
between the building and the side lot line abutting Huron
Road Landscape Buffer.
22.D-law 85-1 is hereby amended by adding Section 733 thereto as
follows:
733. Notwithstanding Sections 38.2 and 5.5A of this By-law, within the lands
zoned R-4 and shown as being affected by this subsection on Schedules
107, 108, 109, 153, 154 and 155 the following Special Regulations shall
apply:
For Single Detached and Duplex Dwelling:
a) Minimum Corner Lot Width 12.0 metres
b) Minimum Front Yard Setback 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6.0 metres to a
street line.
c)Minimum Side Yard Abutting a Street 3.0 metres, except no part of any
building used to accommodate off-street parking shall be located closer than
6.0 metres to a street line, where an access driveway crosses the side lot line
and leads to the space inside the garage.
d) Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the
other, provided that:
i.on the side setback less than 1.2 metres from the property line, a0.6
metre easement mustgranted by the owner of the abutting lands for
the maintenance of the walls, eaves and real property.
ii.where a side lot line abuts lands zoned Public Park Zone (P-1), Open
Space Zone (P-2), Hazard Land Zone (P-3) and Community
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Institutional Zone (I-2), the minimum side yard setback of 1.2 metres
is required for the lot line abutting the aforementioned zones.
e) Minimum Rear Yard setback 7.0 metres
f) Garage Façade -
i. Maximum width of a garage attached to a single detached dwelling
located on a lot having a width of 11 metres or less 72.5% of the width
of front façade closest to the street at ground level.
ii. Any attached garage designed to accommodate 2 or more vehicles, and
located on a lot with a width of 11 metres or less, must be designed with
separate garage doors for each parking space located within the
garage, and the garage doors must be separated by a pier.
2
g) Minimum Contiguous Front Yard Landscape Area 17 m. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features
such as driveways, walkways, sidewalks, porches, stairs and ramps.
h) Fence Location - A fence having a height greater than 0.9 metres shall not be
located between a building and any front lot line or side lot line abutting a
street.
23.-law 85-1 is hereby amended by adding Section 734 thereto as
follows:
734. Notwithstanding Sections 40.2 and 5.5A of this By-law, within the lands
zoned R-6 and shown as being affected by this subsection on Schedules
107, 108, 154 and 155 the following Special Regulations shall apply:
For Single Detached and Duplex Dwelling:
a) Minimum Corner Lot Width 12.0 metres
b) Minimum Front Yard Setback 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6.0 metres to a
street line.
c)Minimum Side Yard Abutting a Street 3.0 metres, except no part of any
building used to accommodate off-street parking shall be located closer than
6.0 metres to a street line, where an access driveway crosses the side lot line
and leads to the space inside the garage.
d) Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the
other, provided that:
i.on the side setback less than 1.2 metresfrom the property line, a 0.6
metre easement must be granted by the owner of the abutting lands for
the maintenance of the walls, eaves and real property.
3 - 31
ii. where a side lot line abuts lands zoned Public Park Zone (P-1), Open
Space Zone (P-2), Hazard Land Zone (P-3) and Community Institutional
Zone (I-2), the minimum side yard setback of 1.2 metres is required for
the lot line abutting the aforementioned zones.
e) Minimum Rear Yard setback 7.0 metres
f) Garage Façade
i. Maximum width of a garage attached to a single detached dwelling located
on a lot having a width of 11 metres or less 72.5% of the width of front
façade closest to the street at ground level.
ii. Any attached garage designed to accommodate 2 or more vehicles and
located on a lot with a width of 11 metres or less, must
be designed with separate garage doors for each parking space located
within the garage, and the garage doors must be separated by a pier.
2
g) Minimum Contiguous Front Yard Landscape Area 17 m. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features
such as driveways, walkways, sidewalks, porches, stairs and ramps.
h) Fence Location - A fence having a height greater than 0.9 metres shall not be
located between a building and any front lot line or side lot line abutting a street.
For Street-Fronting Townhouse Dwelling:
a) Minimum Corner Lot Width 9.6 metres
b) Minimum Front Yard Setback 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6.0 metres to a
street line.
c)Minimum Side Yard Abutting a Street 3.0 metres, except no part of any
building used to accommodate off-street parking shall belocated closer than
6.0 metres to a street line, where an access driveway crosses the side lot line
and leads to the space inside the garage.
d) Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the
other, provided that:
i. on the side setback less than 1.2 metres from the property line,a0.6
metre easement must granted by the owner of the abutting lands for the
maintenance of the walls, eaves and real property.
ii. where a side lot line abuts lands zoned Public Park Zone (P-1), Open
Space Zone (P-2), Hazard Land Zone (P-3) and Community Institutional
Zone (I-2), the minimum side yard setback of 1.2 metres is required for
the lot line abutting the aforementioned zones.
3 - 32
e) Minimum Rear Yard setback 7.0 metres
f) Maximum Building Height 11.5 metres
2
g) Minimum Contiguous Front Yard Landscape Area 8 m. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features
such as driveways, walkways, sidewalks, porches, stairs and ramps.
h) A fence having a height greater than 0.9 metres shall not be located between a
building and any front lot line or side lot line abutting a street.
i) Maximum Lot Coverage - A total of 60 percent, of which the habitable portion
of the dwelling shall not exceed 50 percent and the accessory buildings or
structures, whether attached or detached, shall not exceed 15 percent.
j)Maximum Number of Attached Units 8 units.
24.-law 85-1 is hereby amended by adding Section 735 thereto as
follows:
735. Notwithstanding Section 40.2 of this By-law, within the lands zoned R-6 and
shown as being affected by this subsection on Schedules 107 and 108, the
following Special Regulations shall apply:
For Street-Fronting Townhouse Dwelling:
a) Minimum Corner Lot Width 9.6 metres
b) Minimum Front Yard Setback 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6.0 metres to a
street line.
c)Minimum SideYard Abutting a Street 3.0 metres, except no part of any
building used to accommodate off-street parking shall be located closer than
6.0 metres to a street line, where an access driveway crosses the side lot line
and leads to the space inside the garage.
d) Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the
other, provided that:
i. on the side setback less than 1.2 metres from the property line, 0.6 metre
easement must granted by the owner of the abutting lands for the
maintenance of the walls, eaves and real property.
ii. where a side lot line abuts lands zoned Public Park Zone (P-1), Open
Space Zone (P-2), Hazard Land Zone (P-3) and Community Institutional
Zone (I-2), the minimum side yard setback of 1.2 metres is required for
the lot line abutting the aforementioned zones.
e) Minimum Rear Yard setback 7.0 metres
f) Maximum Building Height 11.5 metres
3 - 33
2
g) Minimum Contiguous Front Yard Landscape Area 8 m. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features
such as driveways, walkways, sidewalks, porches, stairs and ramps.
h) A fence having a height greater than 0.9 metres shall not be located between a
building and any front lot line or side lot line abutting a street.
i) Maximum Lot Coverage - A total of 60 percent, of which the habitable portion
of the dwelling shall not exceed 50 percent and the accessory buildings or
structures, whether attached or detached, shall not exceed 15 percent.
j)Maximum Number of Attached Units 8 units.
For Multiple Dwelling:
a) Minimum Front Yard and Side Yard Abutting a Street 3.5 metres
b) Minimum Side Yard Setback 1.2 metres
c) Minimum Rear Yard setback 7.0 metres
d) Maximum Floor Space Ratio 0.75
e) Maximum Building Height 11.5 metres
f)An exclusive use Private Patio Area shallnotberequired adjacent to each
dwelling unit located at ground floor level.
25.-law 85-1 is hereby amended by adding Section 736 thereto as
follows:
736. Notwithstanding Sections 42.2 of this By-law, within the lands zoned R-8
and shown as being affected by this subsection on Schedules 108 and 154
the following special regulations shall apply:
For Multiple Dwelling:
a) Minimum Front Yard and Side Yard Abutting a Street 3.5 metres for that
portion of a dwelling not exceeding 11.5 metres in height, and an additional
setback of 1.5 metres shall be required for every additional portion of 3.0
metres of building height thereafter.
b) Minimum Side Yard Setback 1.5 metres for that portion of a dwelling not
exceeding 11.5 metres in heights, and an additional setback of 1.0 metres shall
be required for every additional portion of 3.0 metres in building height.
c) Minimum Rear Yard setback 7.0 metres
d)An exclusive use Private Patio Area shall not be required adjacent to each
dwelling unit located at ground floor level.
26.D-law 85-1 is hereby amended by adding Section 737 thereto as
follows:
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737. Notwithstanding Sections 42.2, 425U, 467U, within the lands zoned R-8 and
shown as being affected by this subsection on Schedule Number 107 of
building existing on the date of passing of the by-law and addressed as
1940 Fischer Hallman Road shall be 3.8 metres.
27.D-law 85-1 is hereby amended by deleting Section 502 thereto
and replacing it as follows:
Notwithstanding Sections 42.2 and 6.1.2 of this By-law, within the lands
zoned R-8 and shown as being affected by this subsection on Schedule 108
the following Special Regulations shall apply:
Multiple Dwellings
a) the minimum setback to a street (whether considered a front, side or rear
yard) - 1.5 metres
b) the maximum setback to a street (whether considered a front, side or rear
yard) - 4.5 metres
c) the maximum building height - 4 storeys or 15.0 metres
d)An exclusive use Private Patio Area shall not be required adjacent to each
dwelling unit located at ground floor level.
e) Parking shall be provided at a rate of 1.25 spaces per unit.
f)Off-street parking may not be locatedbetween any building façade and the
streetline.
g) Stairs and access ramps may encroach into a required front yard or side yard
abutting a street, provided the minimum setback to the encroachment is 1.0
metres from the street line.
28. This By-law shall come into effect only upon approval by the Minister of Municipal
Affairs and Housing, or his/her delegate, of Official Plan Amendment No.
______, 1940 Fischer Hallman Road, but upon such approval, the provisions
hereof affecting such lands shall be deemed to have come into force on the date
of passing hereof.
PASSED at the Council Chambers in the City of Kitchener this
day of ,2018
_____________________________
Mayor
_____________________________
Clerk
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Appendix “C” – Proposed Conditions of Draft Plan Approval, Modified Draft Plan and Cost Sharing Schedule
That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and Delegation By-law 2002-64, hereby modifies the plan and
conditions of draft approval for Plan of Subdivision Application 30T-07205, in the City of
Kitchener, for Schlegel Urban Developments Corp, so that the conditions of draft approval
read as follows (asterisk indicates revised and/or new conditions and bolding denotes
modified wording):
*1. That this approval applies to Plan of Subdivision 30T-07205 for Schlegel Urban
Developments Corp. as shown on the attached Plan of Subdivision prepared by the City of
Kitchener dated August 6, 2009 and last revised May 11, 2018, which shows the following:
Stage One
Lots 1 185 Single Detached 185 units
Blocks 186 187 Multiple Residential 108 units (max)
Blocks 188 190 Street Townhouse 80 units (max)
Block 191 School
Blocks 192194 Park
Block 195 Open Space/Wetland
Block 196 Open Space/SWM
Blocks 197 199 Open Space/Planting Strip
Block 200 201 Road Widening
Blocks 202 203 0.3m reserve
Stage Two
Blocks 1 2 Multiple Residential 102 units (max)
Blocks 3 5 0.3m reserve
Stage Three
Lots 1 83 Single Detached 83 units
Blocks 84 86 Street Townhouse 63 units
Blocks 8788 Park
Blocks 89 91 0.3m reserve
Stage Four
Lots 1 14 Single Detached 14 units
Stage Five
Blocks 1 4 Single/Semi/Street Townhouse 39 46 units
Block 5 Street Townhouse 15 units
Block 6 Park
Block 7 0.3 m reserve
Stage Six
Block 1 Multiple Residential 2530 units
Stage Seven
Blocks 1 7 Single/Semi/Street Townhouse 4357 units
Block 8 0.3 m reserve
Stage Eight
Blocks 1 3 Single/Semi/Street Townhouse 1216 units
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Block 4 Future Development (ROW)
Block 5 6 0.3 m reserve
Stage Nine
Blocks 1 4 Single/Semi/Street Townhouse 4860 units
Block 5 Park
Block 6 Future Development (ROW)
Blocks 7 8 0.3 m reserve
Stage Ten
Blocks 1 5 Single/Semi/Street Townhouse 6177 units
Block 6 Walkway
Stage Eleven
Block 1 Multiple Residential 44 55 units
Stage Twelve
Block 1 Mixed Use
Stage Thirteen
Block 1 Mixed Use
Stage Fourteen
Block 1 Multiple Residential 3947 units
Total 9611038 units
2. CITY OF KITCHENER CONDITIONS:
*2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as
approved by City Council, respecting those lands shown outlined on the attached Plan of
Subdivision dated August 6, 2009, and last revised May 11, 2018 which shall contain the
following special conditions:
Part 1 General Conditions
1.4 a) The SUBDIVIDER shall pay the cost of installation of the following public services:
sanitary sewers, drainage works, storm sewers, watermains, underground electrical
distribution plant and lighting with attendant conductors, pipes, pedestals and
transformers, driveway ramps, streets, pavements, curbs, gutters, fences in public
rights-of-way, boulevard landscaping including trees, street name signs, traffic control
signs, sidewalks, and all necessary connections, other appurtenances and outlets to the
foregoing services.
b) The SUBDIVIDER shall install the public services defined in clause a) above to the
engineering plans and procedures
alternative road cross-section designs and right-of-way widths shall be installed as
approved by the Director of Engineering and
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c) Notwithstanding clauses a) and b) above, the SUBDIVIDER shall install any other
services including, but not limited to works and services on existing streets as are
required to bring the subdivision and abutting and outlet streets up to
Services.
Part 2 - Prior to Area Grading
2.1 SUBDIVIDER shall prepare an Area Grading, Erosion and Siltation Control Plan to the
Services at the time of draft approval.
At the discretion of the Director of Engineering, area grading may proceed in a
phased approach subject to the overall area grading, erosion and siltation control
strategy.
2.11 This agreement shall be executed by all parties and registered on title to the lands
described in the first Schedule attached.
2.12 The SUBDIVIDER shall provide confirmation 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 accordance with Ministry of Environment standards to the
*2.13 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to
submit and obtain approval of an Environmental Monitoring Program including that
described in the approved Environmental Impact Study and General Vegetation
Overview, Natural Resource Solutions Inc. dated October 2007, the Preliminary
Stormwater Management Report, MTE, October 2007 and also including any additions
or modifications identified by the CITY or Grand River Conservation Authority as part of
the final review and approval of the Environmental Monitoring Program. The program is
to be approved by the Director of Engineering in consultation with the Director of
Planning, the Director of Operations Roads and Traffic and the Grand River
Conservation Authority.
2.14 Prior to commencing any grading the SUBDIVIDER shall provide a Letter of Credit
based on 60% of the estimated cost of approved erosion and sedimentation control
measures to be implemented as part of Section 2.1 or $100,000 whichever is greater
to ensure implementation of the approved Environmental Monitoring Program.
The Letter of Credit will be reduced to 15% or $50,000 whichever is greater, upon
completion of area grading
and certified the erosion and sedimentation control measures to the satisfaction of the
f Engineering Services.
has expired (after 90% of the pond catchment area is stabilized meaning buildings are
constructed and lots/blocks are sodded or vegetated to t
Director of Engineering Services.
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*2.15 The SUBDIVIDER agrees that that part of Plains Road which is within 30T-07205 must
be legally and physically closed and that a temporary turning circle, contained within
Stages 5 and 6,
grant an easement to the CITY for the temporary turning circle. The SUBDIVIDER
agrees that all costs associated with the closure of Plains Road, including but not
limited to the preparation and erection of notice signs, preparation of a reference plan,
and physical works required, and any legal fees or fees associated with registration will
be the SUBD
*2.16 Prior to grading for Block 1 (Stage 13), Haldimand Street, and Block 1 (Stage 6),
whichever shall occur first, the SUBDIVIDER agrees to install a construction/silt
fence around the perimeter of Block 1 (Stage 14) in accordance with the
recommendations of the Conservation Plan for 1940 Fischer Hallman Road
prepared by Anderson Wellsman Architects Incorporated, dated May 11, 2018, to
maintain the integrity of the fence throughout the construction period.
Further, prior to grading for Block 1 (Stage 13), Haldimand Street, and Block 1
(Stage 6), whichever comes first, the SUBDIVIDER agrees to provide a report to
of Planning commenting on the means and
methods that shall be used to minimize vibration during the grading, road
construction and site servicing. Should the SUBDIVIDER become aware of
cracks in the masonry during the grading or construction period, the
SUBDIVIDER agrees to stop work in the vicinity of the farmhouse and notify the
engineer of record and the Heritage Consultant so that corrective action may be
*2.17 Prior to grading associated with adjacent lands, including Block 1 (Stage 13),
Haldimand Street, and Block 1 (Stage 6), whichever comes first, the SUBDIVIDER
shall provide a Letter of Credit in the amount of $244,700 to ensure satisfactory
completion of the Conservation works as described in the Budget for 1940
Fischer Hallman Road, prepared by Anderson Wellsman Architects Incorporated
Should conservation and restoration works not be completed as approved, the
City may use the Letter of Credit to have the necessary works completed. The
on the lands and so complete the required conservation and restoration works to
the extent of the monies received under the Letter of Credit. The Letter of Credit
shall be released by the CITY when the required restoration has been completed
Planning.
*2.18 (delete)Prior to grading or registration, whichever may occur first, the SUBDIVIDER
agrees to work with the downstream land owner(s) and CITY to complete an erosion
analysis and works required to mitigate adverse erosion impact of the south branch of
Str
Grand River Conservation Authority.
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Part 3 - Prior to Servicing
*3.4 The SUBDIVIDER shall prepare a detailed engineering design for storm water
management, including any requisite monitoring including that described in the
Environmental Impact Study and General Vegetation Overview, Natural Resource
Solutions Inc. dated October 2007, Preliminary Stormwater Management Report, MTE,
October 2007 and also including any additions or modifications identified by the CITY or
GRCA as part of the final review and approval of the Environmental Monitoring
Director of Operations Roads and Traffic
Engineering Services at the time of draft approval.
3.9 Before release of the security set out in Section 3.6, the SUBDIVIDER shall provide
securities in a form set out in Section 3.6 above in an amount equivalent to the value of
fifteen percent of the value of works being accepted, or $5,000.00 whichever is the
greater, to support the warranty and guarantee as provided in Section 3.7.
*3.16 The SUBDIVIDER acknowledges that sidewalks are required to be constructed
Sidewalk Location Policysave and except for locations where a Multi-Use
Pathway has been approved by the Director of Parks and Cemeteries in lieu of a
sidewalk in accordance with the Multi-Use Pathway Plan.
Where a Multi-Use Pathway takes the place of a sidewalk, the Multi-Use Pathway
must be constructed at such time as the road is constructed and to the
satisfact
Cemeteries, and at the expense of the SUBDIVIDER.
Prior to servicing, the SUBDIVIDER, agrees to submit design plans for the
commemorative sidewalk treatments, prepared in consultation with their
Heritage Consultant, including sidewalk colour, surface treatments, and a Plains
Road commemoration concrete stamp or other form of monumentation, for
approval of the Director of Planning, in consultation with the Director of
Engineering and the Director of Parks and Cemeteries. The SUBDIVIDER
acknowledges that commemorative sidewalk treatments will be required at all
locations where sidewalks intersect with the former Plains Road right-of-way, in
accordance with the Plains Road Commemoration Design Brief, prepared by
GSP Group and dated August, 2008.Commemoration sidewalk treatments shall
be installed at the time of sidewalk installation within each Stage of the plan of
subdivision, and allcosts associated with the commemorativesidewalk
treatments are the responsibility of the SUBDIVIDER.
*3.17 The SUBDIVIDER shall confirm that the servicing drawings:
a) Do not conflict with preliminary driveway locations and potential locations for
utilities, hydrants or community mail box facilities.
b) Provide that no driveways shall be installed within 1.0m of a street light pole or
hydro pole or where the wheels of a vehicle would pass over any part of a
submersible transformer vault.
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c) Provide that no sewer or water service will be installed within 1.5m of the centre of
proposed submersible transformer vault or within 0.9m of a proposed electrical
service stub and that no fire hydrant will be installed within 3.0m of a proposed
street light pole or hydro pole. The SUBDIVIDER shall be responsible for ensuring
that these separations are maintained.
d) The location of concrete pads for the placement of the Community Mail Boxes
shall be approved by Canada Post and shall be shown on the servicing drawings.
Said pads are to be poured at the time of curb and/or sidewalk installation within
each Stage of the plan of subdivision. Should temporary locations be required, the
SUBDIVIDER shall work with Canada Post to determine and provide suitable
locations until the curbs, boulevards and sidewalks are in place in the remainder of
the subdivision.
e)Do not conflict with the Plains Road Commemoration sites to be located
within the right-of-ways as identified in the approved Plains Road
Commemoration Design Brief. Commemoration Features incorporated into
the sidewalk design shall be installed at the time of sidewalk installation
within each Stage of the plan of subdivision.
*3.18 Prior to servicing or registration, whichever may come first, of any Stage including any
portion of any of the streets set out in this paragraph the SUBDIVIDER shall prepare a
Streetscape Plan for Priority Streets, those being Wallaceton Way,Beckview Drive,
Tartan Ave and John Wallace Drive, and Haldimand Street as the Secondary
Transportation Services
Director of Parks and Cemeteries in consultation with the Region of Waterloo. The
Streetscape Plan shall illustrate a consistent streetscape theme for the Priority Streets
showing:
a) Design and construction details for a centre median boulevard at the intersections
of Beckview Drive and Huron Road, andWallaceton Way and Fischer Hallman
Road with preference for low-maintenance, sustainable plantings and decorative
streetscape elements;
b) Design and construction details for defined pedestrian crosswalks at the following
intersections: Wallaceton Way andTartan Ave/John Wallace Drive,Beckview
Drive andTartan Ave, Beckview Drive and John Wallace Drive/Beckview
Crescent, Tartan Ave andSpachman Street, andHaldimand Street and
Beckview Drive;
c) Design and construction details for traffic calming features including the centre
median, alternate intersection treatments such as a raised intersections, and
traffic calming measures such as pavement narrowing, curb extensions, centre
medians or other;
d) Conceptual gateway features at the Wallaceton Way and Fischer Hallman Road,
and Beckview Drive and Huron Road intersection;
e) Conceptual street tree planting locations for Wallaceton Way,Beckview Drive,
Tartan Ave and any intersections with enhanced treatments along Beckview
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Drive from Huron Road to Haldimand Street,Wallaceton Way,Tartan Ave, and
John Wallace Drive/Beckview Crescent along the central park;
f) Conceptual locations and type of flankage lot streetscape features, such as
decorative fencing and landscaping between the side yard fencing and sidewalk for
flankage lots;
g) Potential locations of utilities and transit stops;
h) Conceptual location and types of Plains Road Commemoration Features to be
located within the rights-of-way.
The centre medians, traffic calming features, commemoration features and crosswalks
shall be installed by the SUBDIVIDER with the initial road construction.
*3.19 (Delete)Prior to servicing, on a Stage by Stage basis, and in the interest of providing
a variation in housing design within lot-less blocks, the SUBDIVIDER agrees that the
Lotting Plan, as required under Section 3.14, for Stage 1 (Blocks 1-11), Stage 2 (Block
1), Stage 3 (Block 1), Stage 4 (Block 1), Stage 6 (Blocks 1 5), Stage 8 (Blocks 1-5),
Stage 9 Blocks (1-4), Stage 11 (Blocks 1-7), Stage 12 (Blocks 1-3), Stage 13 (Blocks 1-
4), Stage 14 (Blocks 1-5) and Stage 16 (Blocks 1-2) shall have a mixture of lot widths
across the above noted Stages. The Lotting Plan for each Stage shall reflect the
provision of priority lots as indicated on the Priority Lotting Plan, as prepared by GSP
th
Group dated, August 6, 2009. Will be lotted out through mods)
*3.20 Prior to Servicing or Registration whichever may come first, on a Stage by Stage basis,
the SUBDIVIDER shall confirm whether decorative street signage and street lighting will
Transportation Services and KW
Hydro. Should these decorative elements be utilized, they shall be installed at the
one-time supply of 10% of the materials for future replacement/maintenance, to the
Transportation Services and KW Hydro.
*3.21 Prior to Servicing or Registration of anyStage whichever may come first, on a Stage by
Stage basis, the SUBDIVIDER shall submit an On-Street Parking Plan for the Stage to
Transportation Services in accordance with
-Street Parking Policy I-1070.
*3.22Prior to Servicing or Registration of any Stage, whichever shall occur first, the
SUBDIVIDER agrees to submit a functional design for the implementation of
bicycle lanes, on-street parking bays and intersection curb extensions, for
Wallaceton Way, Beckview Drive, Tartan Avenue and John Wallace Drive, as
applicable, eering, Director of
Transportation Services and Director of Operations Roads and Traffic.
*3.23 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees
to submit an operational analysis and functional design for the roundabout,raised
intersection or other proposed traffic calming measures at the intersections of
Wallaceton Way andTartan Ave,Tartan Avenue and Beckview Drive,John
Wallace Drive/Beckview Crescent and Beckview Drive,Haldimand
Street/Beckview Crescent andBeckview Drive,Tartan Avenue andSpachman
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Street
of Engineering Services
Roads and Traffic with respect to any Stage that includes any of the said intersections
and only for the intersection(s) within such Stage. In the event that it is determined
through the operation analysis and/or functional design that additional property is
required to construct the roundabout, the SUBDIVIDER agrees to dedicate the required
property to the CITY and that any necessary modifications be made to the plan.
*3.24. Prior to Servicing or Registration, whichever may come first, the SUBDIVIDER
agrees to prepare a Multi-Use Pathway (MUP) Plan that illustrates the alignment,
treatment and sequencing of the Secondary Multi-Use Pathways through the
and Director of Planning. The MUP Plan shall consider all MUP locations shown
on Map 11 of the Official Plan (Integrated Transportation System) and may give
consideration to interim and permanent locations of the MUP along on
Wallaceton Way and/or Block 1 (Stage 12) and Tartan Ave and/or Block 1 (Stage
11).
Part 4 - Prior to the Application for Any Building Permits in Each Stage
*4.5
Planning showing the following:
i. the pairing of driveways for lots having widths 10.9 metres or less except where
consid
ii. where lots in the subdivision abut a park entrance or a public walkway,
driveways on the side of the lot furthest away from the park entrance or public
walkway, as the case may be;
iii. the location of concrete transit pads and community mailbox pads, where the
location has been determined by the appropriate authority; and
iv. the location of Plains Road Commemoration Features to be located within the
rights-of-way of Scots Pine Trail,Spachman Street,Florencedale Crescent,
the intersection of Tartan Avenue andFlorencedale Crescent,Beckview
Crescent, the intersection of Beckview Drive andGloria Street, the
intersection of Haldimand Street andRoywood Street,Grassbourne
Avenue, the intersection of Broadacre Drive andSugar Trail, and Plains
Road.
b) The SUBDIVIDER shall submit with the plan, a letter from its consulting engineer
indicating that the plan does not conflict with the Grading Control Plan of approved
utility locations, and a letter from its Heritage Consultant, indicating that the plan does
not conflict with the Plains Road Commemoration Features for each lot immediately
adjacent to the commemoration features (if any of such lots are within the Stages for
which building permits are being sought).
4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water
pressure to all lots and blocks within proposed development, to the satisfaction of the
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*4.23The SUBDIVIDER agrees that no building permit shall be applied for or issued for
Corner (C) Priority Lots, Park (P) Priority Lots, Terminating Vista (T) Priority Lots,
Window Street (W) Priority Lots, Gateway (G) Lots,or Natural Heritage Feature Lot
(NH) asidentified in the approved Design Guidelines for Priority Lots, until the required
building elevation and/or building location drawings have been submitted and approved
proposed building thereon to ensure that consideration has been given to the design
treatment of each lot/dwelling including such items as the provision of porches, porticos,
stairs or other projections; horizontal articulation; brick or masonry style skirtingand/or
accentuated windows; and secondary entries.
Part 6 - Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision
shall be restricted to using Huron Road and Fischer Hallman Road and prohibited from
using Tartan Avenue. The SUBDIVIDER agrees to advise all relevant contractors,
builders and other persons of this requirement with the SUBDIVIDER being responsible
Services.
*6.11 The SUBDIVIDER shall satisfy the parkland dedication for the entire subdivision
by the conveyance of Blocks 192 194 & 197 199 (landscape blocks) (Stage 1),
Blocks 8788 (Stage 3), Block 6 (Stage 5) and Block 5 (Stage 9) to the CITY, at
no cost and free of encumbrance. Conveyance of each of the said Blocks will
take place with respect to each of the foregoing Blocks at the time of
registration of the Stage in which such Block is located and not in advance
thereof. The SUBDIVIDER agrees that the parkland provided within the plan of
subdivision shall be at no additional frontage costs to the CITY.
The CITY, at its sole discretion and to the satisfaction of the CITY Solicitor in
Parks and
Cemeteries, may enter into a Parkland Dedication Deferral Agreement with the
SUBDIVIDER, prior to registration. Such an agreement may permit affected lands
to be conveyed to a Condominium Corporation (as a Common Element in a Plan
of Condominium) or to an entity such as a Business Corporation who may own
and operate the parks as Privately Owned and Maintained Publically Accessible
Parks (POMPA Parks). Any such deferral of parkland dedication shall be to the
satisfaction and subject to the terms and conditions found acceptable to the
Director of
Parks and Cemeteries, and which may include measures such as but not limited
to further modifications to conditions of Draft Plan Approval for 30T-07205,
approval of a Draft Plan(s) of Condominium, development agreements, license
agreements, maintenance agreements, condominium agreements, letters of
credit, option agreements, no dealing covenants, or such other agreements,
terms and conditions as the CITY may require.
The SUBDIVIDER agrees that the POMPA Parks which may be subject to such a
deferred parkland dedication, shall be conveyed to the CITY upon demand for
any reason.
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*6.12 a) The SUBDIVIDER agrees to complete construction of the commemoration parks in
any Stage, being those parks identified in the attached Commemoration Cost
Sharing Schedule, in accordance with the approved design and specifications for
such parks subject to the limitations set out herein with respect to the monies to be
spent on account thereof, as set out in the attached Commemoration Cost
Sharing Schedule, within one year following registration or servicing of the
associated Stage, whichever occurs first or in the event of winter conditions by June
st
1 immediately following the first occupancy in the associated Stage. Any and all
construction costs (including grading, top soiling, seeding, sodding, installation of
playground equipment, landscaping, seating and signage) of such commemoration
parks in accordance with the approved park design shall be paid for by the
park shall be reimbursed to the SUBDIVIDER in accordance with the attached
Commemoration Cost Sharing-Schedule. The SUBDIVIDER shall complete the
construction of each commemoration park in accordance with the agreed
specifications for such commemoration park, noting that the agreed specifications
must respect the monies available to pay, with the completion of the same in
accordance with the relevant provisions of the attached Commemoration Cost-
Sharing Schedule.
an
engineer or landscape architect that the same has been substantially completed in
accordance with the agreed specifications and upon written confirmation to the
CITY by such professional of the costs incurred on account thereof by the
SUBDIVIDER. In the event that such costs are less than the total which the
SUBDIVIDER and the CITY have agreed to contribute pursuant to the attached
Commemoration Cost-Sharing Schedule on account of the same then the savings
shall be apportioned between the SUBDIVIDER and the CITY in accordance with
their percentage obligations for payments on account of the commemoration park in
question.
The obligation of the SUBDIVIDER to contribute to the costs of the completion of
each of the commemoration parks beyond the standard developer responsibility is
Commemoration Cost-Sharing Schedule subject to increases on account of inflation
as determined in accordance with the index set out in the said Schedule calculated
from June 1, 2009.
The obligation of the CITY to contribute to the costs of the completion of each of the
commemoration parks including the standard CITY responsibility is limited to the
d Commemoration
Cost-Sharing Schedule subject to increases on account of inflation as determined in
accordance with the index set out in the said Schedule calculated from June 1,
2009.
The CITY and SUBDIVIDER may, but neither is obligated to, agree in writing to
contribute additional monies beyond the amounts identified in the Commemoration
Cost Sharing Schedule.
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If, following the completion of any of the said commemoration parks, the amount of
costs to be contributed by either or both of the CITY or SUBDIVIDER on account of
such park should not have been fully expended on account of a specific
commemoration park, the surplus cannot be applied to the costs associated with
any other of the said commemoration parks without the express written consent of
the SUBDIVIDER with respect to the surplus Developer Contribution or of the CITY
with respect to the surplus City Contribution.
b) If sufficient funds are available from the appropriate CITY Development Charge
Account, to permit the CITY to fund the construction of neighbourhood parks, upon
certification of completion of the same, the SUBDIVIDER agrees to complete
construction of the Neighbourhood Parks being Block 192 (Stage 1) and Block
5 (Stage 9) in accordance with the approved designs, within one year following
registration or servicing of the associated Stage, whichever occurs first, or in the
st
case of winter conditions by June 1 immediately following the first occupancy of
the associated Stage. Any and all construction costs of the park (including grading,
top soiling, seeding , sodding, installation of playground equipment, landscaping,
seating and signage) in accordance with the approved park design shall be paid for
by the SUBDIVIDER and the applicable construction costs, such as playground
equipment, landscaping and trail surface treatments, shall be reimbursed to the
SUBDIVIDER as applicable.
If sufficient money is not allocated from the appropriate CITY Department Charge
Account(s) to permit the CITY to fund the construction of the neighbourhood parks
or if the works are not a Development Change eligible expense and the
SUBDIVIDER wishes to proceed with the construction of any such parks prior to
such time as money is allocated from the appropriate CITY Department Charge or
other Account(s), the SUBDIVIDER agrees to provide and up-front the cost of these
works.
Should these works with respect to any such parks become Development Charge
eligible, the CITY agrees to recognize any monies paid by the SUBDIVIDER for any
works or services normally p
with such monies to be refunded or to be recognized as a credit towards any CITY
Development Charge payable for any lot or block within the lands subject to
Application 30T-07205 in accordance with the applicable CITY Development
Charge By-law and Policies in effect at the time the monies are paid by the
SUBDIVIDER or the works become a Development Charge eligible expense,
whichever shall be later.
A Supplementary Agreement identifying each lot or block for which credits are
payable shall be registered for each Stage prior to the registration of each Stage
until there is no outstanding balance remaining.
If, following the registration of all Stages and issuance of all building permits, there
is any outstanding credit balance, it shall remain with the lands to be used as a
credit for future development, or alternatively, the CITY may enter into an
agreement with the Subdivider, under Section 40 of the Development Charges Act,
to enable the transfer of Development Charge credits to other benefitting lands
within the community, subject to satisfactory arrangements being made between all
parties.
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*6.13(delete)The SUBDIVIDER agrees that the streets shall be named to the satisfaction of
ning in accordance with Council Policy I-1070 and that the
Region of Waterloo has approved the proposed street names.
*6.14Prior to the first Site Plan Approval for any of Block 1 (Stage 12), Block 1 (Stage
13), and Block 1(Stage 14)the SUBDIVIDER agrees to receive approval of a
Design Plan for Coordinated Gateway Features at the intersections of Wallaceton
Wayand Fischer Hallman Road and Haldimand StreetandFischer Hallman Road
rdance
with the Fischer Hallman Road Corridor Design Guidelines. Further, the
SUBDIVIDER agrees that the detailed design and installation of gateway features
shall be implemented through the Site Plan Approval and individual Landscape
Plans prepared for t
of Planning. All costs associated with design, installation and maintenance of
these features shall be the cost of the SUBIDIVIDER.
6.15 Prior to occupancy of the first unit being granted within each Stage, the SUBDIVIDER
shall determine the locations of all centralized mail receiving facilities for the subject
Planning. If required, the
SUBDIVIDER shall provide temporary suitable centralized mail box locations that may
be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for
the plan of subdivision.
*6.16 The SUBDIVIDER agrees:
a) To install black vinyl chain link fencing on Walkway Block 6 (Stage 10) within one
year of occupancy of the lots that are immediately adjacent to said Walkway Blocks.
The SUBDIVIDER further agrees to include a statement in all Offers of Purchase
and Sales Agreements with builders that will require the builders to include a
statement in all Offers of Purchase and Sale Agreements, and/or Rental
Agreements with home buyers for said lots, that advises that special fencing is
being installed on the walkway blocks and that owners of said lot are restricted from
installing solid board or other like solid fencing along the common property line with
the walkway block.
b) The SUBDIVIDER agrees to install a 1.8 metre high wood fence along the
property line of Lots 184 & 185 (Stage 1) where said property lines are
adjacent to park Block 194 (Stage 1), and be located 0.30 metres onto the
private property. Such fences must be constructed in accordance with the
-law and must be constructed within one year of occupancy
to the satisfaction of the Director of Planning. Anoisewall constructed in
accordance with the approvedNoise Study may take the place of any portion
of fence which may be required to be constructed by this condition, to the
satisfactio
6.17 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with
builders that will require the builders to include a statement in all Offers of Purchase
and Sale Agreements, and/or Rental Agreements with home buyers, which advise as
follows:
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a) that the home/business mail delivery will be from a designated Community Mail
Box; and
b) that identifies the exact Community Mail Box locations.
ts of purchase
and sale with its builders shall require that the location of all Community Mail Box
facilities be shown on maps, information boards and plans, including maps
displayed in the sales office(s).
6.18 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with
builders that will require the builders to include a statement in all Offers of Purchase
and Sale Agreements, and/or Rental Agreements with home buyers that:
a)advise that there is a planned transit route through the neighbourhood and to provide
an information pamphlet or website address regarding Grand River Transit services;
b) identify the presence of the water pressure reduction devises and advises that it not
be removed by the owner/occupant;
c) advisethat the property is subject to approved Design Guidelines for Priority Lots (if
applicable). Thisstatement shall also advise purchasers and subsequent owners of
such Priority Lots that they are required to follow the guidelines, for items such as future
additions, major alterations and fencing, and other matters.
6.19 The CITY and HYDRO, where applicable, agree to implement street furniture and hydro
utilities on Wallaceton Way,Beckview Drive and Tartan Avenue, to be of a style and
in keeping with the intent of the approved Streetscape Plan or Design Guidelines for
Priority Lots. The SUBDIVIDER agrees to work with the Regional Municipality of
Waterloo on the design and construction of transit stops in these locations to be in
keeping with the intent of the approved Streetscape Plan or Design Guidelines for
Priority Lots.
*6.20 The SUBDIVIDER agrees that the Summary of Interim Conservation and
Rehabilitation Works identified in the approved Conservation Plan for 1940
Fischer Hallman Road prepared by Anderson Wellsman Architects Incorporated,
dated May 11, 2018 shall be completed prior to registration of any phase, or prior
to December 31, 2018, whichever shall occur first, to the satisfaction of the
CITY's Director of Planning. Should the conservation works not be completed by
the specified date the CITY shall use the Letter of Credit (required by condition
2.17) to have the necessary conservation works completed. The CITY, its
ion
to any other remedies that the CITY may have, enter on the lands and so
complete the required conservation works to the extent of monies received
under the Letter of Credit. The cost of completion of such works shall be
deducted from the monies obtained from the Letter of Credit. In the event that
there are required exterior conservation works remaining to be completed, the
City may by by-law exercise its authority under Section 427 of the Municipal Act
to have such works completed and to recover the expense incurred in doing so
in like manner as municipal taxes.The Letter of Credit will be reduced when the
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conservation works have been completed and certified by a heritage consultant
to the satisfaction of the Director of Planning;
*6.21 The SUBDIVIDER agrees that prior to application for or issuance of Site Plan
Approval for lands contained within Block 1 (Stage 14), a Heritage Impact
Assessment addressing the impact of the proposed development on the
farmhouse, and Heritage Design Guidelines for 1940 Fischer Hallman Road
addressing the restoration and reuse of the farmhouse and the design and
development of any nearby lands, must be approved by the Director of Planning.
Further, the SUBDIVIDER agrees to develop the lands contained within Block 1
(Stage 14) in accordance with the aforementioned Heritage Impact Assessment
and Heritage Design Guidelines for Block 1 (Stage 14).
*6.22 Prior to application for any building permits or occupancy within Stages 8, 9, 10 the
SUBDIVIDER agrees that the South Strasburg Trunk Sanitary Sewer shall be
constructed from the eastern extents of the plan to the southern extent of the
plan.It is acknowledged that these works including design expenses are intended by
arge By-law, as amended.
If sufficient money is not allocated from the appropriate City Development Charge
Account(s) to permit the CITY to fund these works and the SUBDIVIDER wishes to
proceed, the SUBDIVIDER agrees to provide and up-front the cost of these works.
The CITY agrees to recognize any monies paid by the SUBDIVIDER for any works or
to be refunded or to be recognized as a credit towards any CITY Development Charge
payable for any lot or block within the lands subject to Application 30T-07205 in
accordance with the applicable City Development Charges By-law and Policies in effect
at the time the monies are paid by the SUBDIVIDER.
A Supplementary Agreement identifying each lot or block for which credits are payable
shall be registered for each Stage prior to the registration of each Stage, until there is
no outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will be
-law.
If, following the registration of all Stages and issuance of all building permits, there is
any outstanding credit balance, it shall remain with the lands to be used as a credit for
future development, or alternatively, the CITY may enter into an agreement with the
SUBDIVIDER, under Section 40 of the Development Changes Act, to enable the
transfer of Development Charge credits to other benefiting lands within the community,
subject to satisfactory arrangements being made between all parties.
*6.23 The SUBDIVIDER agrees to complete the detailed design and to implement the
construction of the ultimate solution for the closure of Plains Road, including geometric
improvements and the transition from that portion of Plains Road outside of the Becker
Estates Inc. Plan 30T-07205 that is to remain open, and the dedication of any required
lands (i.e. proposed Plains Road),
approved Plains Road Class Environmental Assessment and the Plains Road
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Condition and Geometrics Assessment Report prepared by MTE Consultants Inc.
th
dated September 18, 2009, subject to final approval of the Director of Engineering
Services.
The proposed geometric design of the section of Plains Road to remain open is subject
to further detailed design, and the Subdivider is responsible to reconstruct Sections A
and B of Plains Road in accordance with the preliminary design drawings attached with
the Plains Road Condition and Geometrics Assessment Report prepared by MTE
th
Consultants Inc. dated September 18, 2009.
The implementation of the ultimate solution for the closure of Plains Road shall be
completed in conjunction with the construction of Stage 5, and must be fully operational
at such time as the roads within Stage 5 are accepted by the City. Further, the
SUBDIVIDER agrees to maintain a through access or a temporary turnaround, to the
od.
6.24 The SUBDIVIDER agrees to implement the approved Plains Road Commemoration
sidewalk treatment at such time as sidewalks are being constructed to the satisfaction
*6.25 The SUBDIVIDER agrees to extend municipal services to the limits of the plan along
Plains Road
6.26 The SUBDIVIDER agrees to implement the approved Environmental Monitoring
Program including that described in the approved Environmental Impact Study and
General Vegetation Overview, Natural Resource Solutions Inc. dated October 2007, the
Preliminary Stormwater Management Report, MTE, October 2007, and also including
any additions or modifications identified by the CITY or GRCA as part of the final review
and approval of the Environmental Monitoring Program. The SUBDIVIDER further
agrees to implement any remedial action deemed necessary as a result of the
aforementioned monitoring program at their sole expense to the satisfaction of the
*6.27 The SUBDIVIDER agrees to connect the existing house located at 1940 Fischer
Hallman Road (Block 1, Stage 14) to full municipal services, to the satisfaction of the
.
6.28 The SUBDIVIDER agrees that in the event that alternative cross section designs or
Director of Engineering, and utilized within specified locations within the draft plan then
the additional costs (nonstandard or "special" costs) associated with the installation of
utilities and services in duct banks or along streets shall be the responsibility of the
SUBDIVIDER.
6.29 The SUBDIVIDER agrees to provide an easement(s) to the CITY, for the purpose of
Director of Engineering in consultation with the consulting engineer for the
SUBDIVIDER. The appropriate easement shall be granted to the CITY, immediately
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6.30 Prior to Registration of any stage, or by December 31, 2019, whichever may occur first,
the SUBIDIVDER agrees to provide the CITY with full payment for that portion of
Plains Road to be conveyed to the SUBDIVIDER, as shown on 58R-17356, to the
satisfaction of the CITY Solicitor.
*6.31 The SUBDIVIDER agrees that should the POMPA Park concept be accepted (in
accordance with Condition 6.11 above) prior to registration of each of Stages
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 14the SUBDIVIDER shall be required to receive
Draft Approval or an exemption for a Plan(s)Common Elements Condominium
to which all proposed lots in the stage will be Parcels of Tied Land, to the
r of Planning.
Further, the SUBDIVIDER agrees that an irrevocable undertaking of the
SUBDIVIDER has been obtained as well as an irrevocable undertaking from the
ing to register the approved or exempted Common
Elements Plan of Condominium for such Stage immediately after registration
of each of Stages 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 14 of Plan of Subdivision 30T-
07205 and prior to any interest in any lot created by the plan of subdivision
being conveyed to a third party or the subject of a charge given by any third
party, failing which the POMPA Park in such stage shall be conveyed to the
City free of encumbrance forthwith upon written demand of the SUBDIVIDIDER
by the City. Any conveyance of charge/mortgage of any interest therein made
after the registration (other than may have existed prior to the registration of
the Plan of Subdivision) of Plan of Subdivision 30T-07205 and prior to the
registration of Plan of Condominium is null and void and of no effect. Anyone
who purports to acquire any interest in any one or more of the said lots after
registration of Plan of Subdivision 30T-07205 and prior to the registration of a
Plan of Condominium is bound as successor in title to the Subdivider to
convey, free and clear of encumbrance, the same to the City of Kitchener or to
a person including the Subdivider as directed in writing by the City of
Kitchener.
*6.32 Prior to Occupancy of any dwelling unit in Stage 1, the SUBDIVIDER agrees to
construct a noise attenuation barrier along the side and/or rear property line of
Lots 10, 36, 112, 113, 183, 185 and Block 190 (Stage 1), at their cost, and in
accordance with the recommendations of the approved Becker Estates
Subdivision Phase 1
Consultants Inc., dated November 17, 2017, and any addendum thereto, to the
the Regional Municipality of Waterloo. The noise attenuation barrier shall be
located 0.30 metres onto the private property as per details and specification
in the related noise study. The noise attenuation barrier shall be designed and
certified by a competent professional, to the sa
of Engineering.
The noise attenuation barrier, while located on private property, shall be
owned and maintained by the CITY in perpetuity. In this regard and at the time
of registration, the SUBDIVIDER agrees to provide an easement in favour of
the CITY for the long-term maintenance of the noise attenuation barrier, to the
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Further, prior to Occupancy of any unit in Stage 1, the SUBDIVIDER agrees to
provide the necessary financial resources for the long-term maintenance of the
Engineering Services. Such maintenance cost shall be calculated based on
55% of the cost of constructing the noise attenuation barrier and shall be held
in a fund for future maintenance. Should the CITY establish a Perpetual
Maintenance Fund or other similar fund and/or policy to administer the long
term maintenance of Noise Attenuation Barriers, any monies collected under
this condition and set aside for the maintenance of the noise attenuation
barrier may be transferred into such a fund at a later date.
*6.33 The SUBDIVIDER agrees that apedestrian connection will be provided from the
southeast corner of Block 1 (Stage 12) to Tartan Avenue, as part of the Site
Development for the subject lands
Planning. This connection shall provide a convenient and direct access into the
Mixed Use development.
2.2 That prior to final approval of any plan of subdivision to be registered, the SUBDIVIDER
shall fulfil the following conditions:
1. That the City Standard Residential Subdivision Agreement be registered on title.
2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director
of Planning and to obtain approval there from.
3. The final plan for registration shall show all lots intended for development as single
detached, semi-detached or duplex dwellings and a City Standard Supplementary
Residential Subdivision Agreement showing such lotting shall be registered for each
Stage prior to the registration of such Stage. This condition shall not apply if the plan is
to be registered prior to the approval of servicing plans.
4.TheSUBDIVIDER agrees to commute all local improvement charges outstanding on
any part of the lands and to pay all outstanding taxes on the lands.
5. 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.
6. The SUBDIVIDER agrees to show emergency access/secondary access, if required, in
accordance with City policy, on the final plans for registration to the satisfaction of the
r of Engineering.
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.
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8. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent
telecommunications services to the plan of 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 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 HYDRO, and telecommunication companies
and the CITY'S Director of Planning.
(b) to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the CITY'S Director of
Engineering for municipal services;
(c) to ensure that there are no conflicts between utility or municipal service easement
locations and any approved Tree Preservation/ Enhancement Plan;
(d) if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval
from the CITY'S Director of Planning, or, in the case of parkland, the CITY'S
Director of Operations Roads and Traffic; and
(e) to provide to the CITY'S Director of Planning, a clearance letter from each of the
HYDRO and telecommunication companies. Such letter shall state that the
respective utility company has received all required grants of easement, or
alternatively, no easements are required.
discretion, if the SUBDIVIDER provides reasonable evidence to the satisfaction
of the CITY that all reasonable efforts have been made by the SUBDIVIDER to
provide all necessary easements this condition may be cleared by the CITY
without a release letter.
10. The SUBDIVIDER shall dedicate all roads, road widenings, 7.62m wide daylight
triangles at the intersections with arterial roads, and public walkways to the appropriate
authority, by the registration of the Plan of Subdivision.
*11. The SUBDIVIDER agrees to convey to the CITY, at no cost and free of
encumbrance, the following lands for the purposes set out below:
Stage 1
a) Blocks 192194 for park purposes;
b) Block 195 for open space/wetland purposes;
c) Block 196 for stormwater management;
d) Blocks 197 199 for landscaping buffer
e) Blocks 202203 for 0.3m reserves.
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Stage 3
a) Blocks 87 88 for park purposes;
b) Blocks 89 91 for 0.3m reserve.
Stage 5
a) Block 6 for park purposes;
b) Block 7 for 0.3 m reserve.
Stage 7
a) Block 8 for 0.3 m reserve.
Stage 8
a) Block 4 for future development (future road);
b) Blocks 5 6 for 0.3 m reserves.
Stage 9
a) Block 5 for park purposes;
b) Block 6 for future development (future road);
c) Blocks 7 8 for 0.3 m reserves.
Stage 10
a) Block 6 for walkway
The CITY, at its sole discretion and to the satisfaction of the CITY Solicitor in
Cemeteries, may enter into a Parkland Dedication Deferral Agreement with the
SUBDIVIDER, prior to registration. Such an agreement may permit affected
Blocks 192 194 and 197 199 (Stage 1), Blocks 87 and 88 (Stage 3), Block 6
(Stage 5), and Block 5 (Stage 9)to be conveyed to a Condominium Corporation
(as a Common Element in a Plan of Condominium) or to an entity such as a
Business Corporation who may own and operate the parks asPrivately Owned
and Maintained Publically Accessible Parks (POMPA Parks). Any such deferral
of parkland dedication shall be to the satisfaction and subject to the terms and
Director of Planning and Director of Parks and Cemeteries, and which may
include measures such as but not limited to further modifications to conditions
of Draft Plan Approval for 30T-07205, approval of a Draft Plan(s) of
Condominium, development agreements, license agreements, maintenance
agreements, condominium agreements, letters of credit, option agreements, no
dealing covenants, or such other agreements, terms and conditions as the CITY
may require.
12. 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'S Director
of Planning, in accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the applicable
zone and outside the corner visibility triangle, with the specific, appropriate
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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, heritage features, 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 applications, all to the satisfaction of the CITY'S Director of
Planning;
d) Approved subdivision billboard locations shall be conveniently accessible to the
public for viewing. Low maintenance landscaping is required around the sign and
suitable parking and pedestrian access may be required between the sign
location and public roadway in order to provide convenient accessibility for
viewing; and
e) The SUBDIVIDER shall ensure that the information is current as of the date the
sign is erected. Notice shall be posted on the subdivision billboard signs advising
that information may not be current and to obtain updated information, inquiries
should be made at the CITY'S Department of Development and Technical
Services.
*13. The SUBDIVIDER shall have landscape plans of the stormwater management facilities
and cul-de-Director
of Parks and Cemeteries
Services and to obtain therefrom, approval of such plans.
*14. The SUBDIVIDER shall prepare and receive approval of detailed design drawings for
the Neighbourhood and Commemoration Parks and Parkettes, being Blocks 192, 193
and 194 (Stage 1), Blocks 87 and 88 (Stage 3), Block 6 (Stage 5), Block 5 (Stage
9); for Landscape Buffer Blocks 197, 198 and 199 (Stage 1); and for Walkway
Block 6 (Stage 10), prior to the registration of the associated Stage, to satisfaction
of Director of Parks and Cemeteries
Plans for Commemoration Parks and Parkettes should be generally consistent with the
approved Plains Road Commemoration Design Brief (GSP Group, August 2008) and
shall respect monies available to pay for the completion of the commemoration parks in
accordance with the relevant provision of the Commemoration Cost Sharing Schedule.
Park design plans should also give consideration to locations for Community Mail Box
facilities, seating areas, Multi-Use Pathways, and an enhanced treatment of the park
space near the intersection of Wallaceton Way and Tartan Avenue.
Further, the SUBDIVIDER agrees to provide a Letter of Credit for 100% of the
, to ensure implementation of the approved design drawings
for Commemoration Parks and Parkettes in accordance with the Commemoration Cost-
Sharing Schedule.
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The Letter of Credit may be reduced by that amount identified in the Commemoration
Cost Sharing Schedule upon the satisfactory completion of the commemoration park or
parkette, on a Stage by Stage basis. The Letter of Credit shall be released at such time
as all the commemoration parks and parkettes have been completed to the satisfaction
of the Director of Parks and Cemeteries and the Director of Planning subject to the
provisions of the Commemoration Cost-Sharing Schedule.
Should the commemoration works not be completed as per the approved design, the
CITY maycomplete the required works to the extent of monies received under the
Letter of Credit. The cost to complete such works shall be deducted from the monies
obtained from the Letter of Credit.
*15. (3.20) Prior to Servicing or Registration of each Stage, whichever may come first, the
SUBDIVIDER shall confirm whether decorative street signage and street lighting will be
used to the satisfactioTransportation Services and KW
Hydro. Should these decorative elements be utilized, they shall be installed at the
one-time supply of 10% of the materials for future maintenance replacement, to the
Services and KW Hydro.
*16. The SUBDIVIDER shall prepare a Street Tree Planting Plan for each Stage prior to the
registration of each respective Sta
Planning, Director of Parks and Cemeteries. Appropriate
consideration shall be given to reduce conflicts between street trees and utilities. In
locations where the survival of plantings may be difficult due to infiltration/salt
management objectives within the municipal right-of-way, street trees shall be provided
immediately adjacent to the right-of-way on each lot/or future lot. In these instances, an
easement shall be provided over each lot/ or future lot in favour of the CITY for the
maintenance of the street tree planting.
*17. Prior to registration of Stage 1 the SUBDIVIDER agrees to receive final approval
of an updated Priority Lotting Plan and Design Guidelines for Priority Lots to the
The Design Guidelines for
Priority Lots shall include, but not be limited to, the following considerations:
a) For Corner (C) Priority Lots, building elevation drawings shall ensure that consideration
has been given to the design treatment along both road frontages for each lot/dwelling,
including such items as the provision of porches, porticos, stairs or other projections;
secondary or angled door entries; horizontal articulation, brick or masonry-style skirting
along both the front and exterior side yard and/or accentuated windows; increased
building massing and height; and consideration to fencing. Preference is given to
garages facing the flankage street.
b) For Terminating Vista (T) Priority Lots, building elevation and building location drawings
shall ensure that the garage face is not the primary terminating view from the oncoming
street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, etc.
c) For Gateway (G) Priority Lots, in the event that said blocks do not require site plan
approval, building location, massing and elevation drawings shall ensure that
consideration has been given to height, massing and building relation to the street line;
the design treatment along road frontages for each lot/dwelling, including such items as
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the provision of porches, porticos, stairs or other projections; secondary door entries;
horizontal articulation, brick or masonry-style skirting; consistency in style and details
for the entire block at gateway locations; and consideration to fencing.
d) For Window (W) Priority Lots, building elevation drawings shall ensure that
consideration has been given to the design treatment along the frontage for each
lot/dwelling, including such items as the provision for porches, porticos, stairs, or other
projections, horizontal articulation, brick and masonry-style skirting and/or accentuated
windows.
e) For Park (P) Priority Lots, building elevation drawings shall ensure that consideration
has been given to the design treatment along the road frontage and the park flankage
for each lot/dwelling, including such items as the provision for porches, porticos, stairs,
or other projections, secondary entry doors, horizontal articulation, brick and masonry-
style skirting and/or accentuated windows; consideration to fencing to enable views
from rear yard; and consistency in architectural style and details for all units fronting the
central park.
f)For Natural Heritage (NH) Priority Lots, building location drawings shall ensure
that consideration has been given to the placement of all buildings, structures,
pools, sheds, decks, etc., in consideration of the approved Detailed Vegetation
Plan and approved measures for the protection of trees in accordance with the
Tree Management Policy.
*18. (3.18) Prior to servicing or registration, whichever may come first, of any Stage
including any portion of any of the streets set out in this paragraph the
SUBDIVIDER shall prepare a Streetscape Plan for Priority Streets, those being
Wallaceton Way, Beckview Drive, Tartan Ave and John Wallace Drive, and
Haldimand Street as the Secondary Priority Street, to the satisfaction of the
Director of Engine
Cemeteries in consultation with the Region of Waterloo. The Streetscape Plan
shall illustrate a consistent streetscape theme for the Priority Streets showing:
a) Design and construction details for a centre median boulevard at the
intersections of Beckview Drive and Huron Road, and Wallaceton Way and
Fischer Hallman Road with preference for low-maintenance, sustainable
plantings and decorative streetscape elements;
b) Design and construction details for defined pedestrian crosswalks at the
following intersections: Wallaceton Way and Tartan Ave/John Wallace Drive,
Beckview Drive and Tartan Ave, Beckview Drive and John Wallace
Drive/Beckview Crescent, Tartan Ave and Spachman Street, and Haldimand
Street and Beckview Drive;
c) Design and construction details for traffic calming features including the
centre median, alternate intersection treatments such as a raised
intersections, and traffic calming measures such as pavement narrowing,
curb extensions, centre medians or other;
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d) Conceptual street tree planting locations for Wallaceton Way, Beckview
Drive, Tartan Ave and any intersections with enhanced treatments along
Beckview Drive from Huron Road to Haldimand Street, Wallaceton Way,
Tartan Ave, and John Wallace Drive/Beckview Crescent along the central
park;
e) Conceptual locations and type of flankage lot streetscape features, such as
decorative fencing and landscaping between the side yard fencing and
sidewalk for flankage lots;
f) Potential locations of utilities and transit stops;
g) Conceptual location and types of Plains Road Commemoration Features to
be located within the rights-of-way.
The centre medians, traffic calming features, commemoration features and
crosswalks shall be installed by the SUBDIVIDER with the initial road
construction.
*19. The SUBDIVIDER agrees that the plan shall be registered in fourteen Stages in
Planning:
a) Stage 1 shall be registered first;
b) Stage 2 shall be registered concurrently with or subsequent to Stage 1;
c) Stage 3 shall be registered concurrently with or subsequent to Stage 2;
d) Stage 4 shall be registered concurrently with or subsequent to Stage 3;
e) Stage 5 shall be registered concurrently with or subsequent to Stage 3;
f) Stage 6 shall be registered concurrently with or subsequent to Stage 5;
g) Stage 7 shall be registered concurrently with or subsequent to Stage 5;
h) Stage 8 shall be registered concurrently with or subsequent to Stage 7;
i) Stage 9 shall be registered concurrently with or subsequent to Stage 8;
j) Stage 10 shall be registered concurrently with or subsequent to Stage 9;
k) Stage 11 shall be registered concurrently with or subsequent to Stage 1;
l) Stage 12 shall be registered concurrently with or subsequent to Stage 1;
m) Stage 13 shall be registered concurrently with or subsequent to Stage 1;
n) Stage 14 shall be registered concurrently with or subsequent to Stage 5;
*20. (delete) The SUBDIVIDER agrees that Stages 17, 18 and 19 may not proceed to
registration until such time as the Fischer Hallman Corridor Design Study and the
Fischer Hallman Corridor Community Plan or Secondary Plan have been completed
and approved. Further, the SUBDIVIDER agrees to implement the recommendations
of the Design Study, and the policies of the Community Plan or Secondary Plan (as the
case may be) in any future redesignation, rezoning and development of the subject
parcels.
*21. (delete)The SUBDIVIDER agrees that Stage 1, 2, 16 and 17 may not proceed to
registration until such time as the Huron Road Environmental Assessment has been
approved. Upon approval of the Huron Road Environmental Assessment, the
SUBDIVIDER agrees to submit a reference plan to the satisfaction of the CITY'S
Director of Planning and the CITY'S Director of Engineering showing the widening of
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the road right-of-way as identified in the Environmental Assessment. The SUBDIVIDER
agrees to convey the required widening of the road right-of-way in accordance with the
Kitchener Official Plan and the approved Environmental Assessment document. Any
widening above and beyond that which is identified in the Kitchener Official Plan, will be
acquired by the City through a negotiated agreement of purchase and sale or
expropriation. Further, prior to registration, the SUBDIVIDER agrees to modify the draft
plan to show the required widening of the road right-of-way, to the satisfaction of the
22. Prior to grading or registration, whichever shall occur first, the SUBDIVIDER agrees
that if grading has not commenced prior to final approval of the plan for registration, a
Planning. The Detailed Vegetation Plan shall also show approved grading. The
SUBDIVIDER agrees to implement all of the measures identified in the approved
Detailed Vegetation Plan including delivering all information contained in the approved
Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are
carried out as specified.
*23. (3.21) Prior to registration of each Stage, should registration proceed before servicing,
the SUBDIVIDER shall submit an On-Street Parking Plan for the proposed subdivision to
the satisfaction oTransportation Services in accordance with
-Street Parking Policy I-1070.
*24. (3.22) Prior to Servicing or Registration of any Stage, whichever shall occur
first, the SUBDIVIDER agrees to submit a functional design for the
implementation of bicycle lanes, on-street parking bays and intersection curb
extensions, for Wallaceton Way, Beckview Drive, Tartan Avenue and John
Wallace Drive, as applicable,
Engineering, Director of Transportation Services and Director of Operations
Roads and Traffic.
*25. (3.23) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to submit an operational analysis and functional design for the roundabout
raised intersection or other proposed traffic calming measures at the
intersections of Wallaceton Way and Tartan Ave, Tartan Avenue and Beckview
Drive, John Wallace Drive/Beckview Crescent and Beckview Drive, Haldimand
Street/Beckview Crescent and Beckview Drive, Tartan Avenue and Spachman
Roads and Traffic with respect to any Stage that includes any of the said intersections
and only for the intersection(s) within such Stage. In the event that it is determined
through the operation analysis and/or functional design that additional property is
required to construct the roundabouts, the SUBDIVIDER agrees to dedicate the
required property to the CITY and that any necessary modifications be made to the
plan.
*26. (delete)Prior to registration of each Stage,the SUBDIVIDER in consultation with their
Heritage Consultant agrees to submit designs for special sidewalk treatments at all
locations where sidewalks intersect with the former Plains Road right-of-way, in
accordance with the Plains Road Commemoration Design Brief, prepared by GSP
Group and dated August, 2008, for approval by the Director of Planning.The final
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designs for such commemoration sites shall include details for sidewalk colour, surface
treatments, and a Plains Road commemoration concrete stamp or other form of
monumentation.
*27. The SUBDIVIDER shall reserve Block 191 (Stage1) for the Waterloo Catholic District
with a letter from the Board indicating that satisfactory arrangements have been made
to acquire Block 191 (Stage1) for school purposes.
*28. (2.13) Prior to grading or registration, whichever shall occur first, the SUBDIVIDER
agrees to submit and obtain approval of an Environmental Monitoring Program
including that described in the approved Environmental Impact Study and General
Vegetation Overview, Natural Resource Solutions Inc. dated October 2007, Preliminary
Stormwater Management Report, MTE, October 2007, and also including any additions
or modifications identified by the CITY or GRCA as part of the final review and approval
of the Environmental Monitoring Program. The program is to be approved by the
Director of Engineering in consultation with the Director of Planning, the Director of
Operations Roads and Traffic, and the Grand River Conservation Authority.
*29. (delete) Prior to grading or registration, whichever shall occur first, the SUBDIVIDER
shall provide a Letter of Credit in the amount of $59,000 for the completion of the Phase
One, Two and Three Conservation works as described in the Conservation Plan for
1940 Fischer Hallman Road, prepared by Carson Woods Architects Limited and dated
.
The Letter of Credit will be reduced to $24,000 when the required Phase One Short
Term conservation works have been completed and certified by a heritage consultant,
and will be further reduced to $14,000 when the Phase Two Medium Term
conservation works have been completed and certified by a professional architect, to
The Letter of Credit will be released by the CITY at such time as restoration work on the
farmhouse has been initiated, in accordance with a future Heritage Impact Assessment
rector of
Planning.
*30. (delete)Prior to grading or registration, whichever may occur first, the SUBDIVIDER
agrees to work with the downstream land owner(s) and CITY to complete an erosion
analysis and works required to mitigate adverse erosion impact of the south branch of
River Conservation Authority.
*31 The SUBDIVIDER agrees that all streets shall be named as shown on the Draft
Plan.
32. Prior to registration of each Stage the SUBDIVIDER shall provide written confirmation
from the Director of Engineering, to the satisfaction of the Director of Planning that
states that all required municipal services are available. In accordance with the
approved South Strasburg Trunk Sanitary Sewer Environmental Assessment, sanitary
sewers must outlet to the South Strasburg Trunk Sanitary Sewer. The City will make
best efforts to facilitate the timely extension of the South Strasburg Sanitary Sewer.
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33. (6.30) Prior to Registration of any stage, or by December 31, 2019,whichever may
occur first, the SUBIDIVDER agrees to provide the CITY with full payment for that
portion of Plains Road to be conveyed to the SUBDIVIDER, as shown on 58R-17356,
to the satisfaction of the CITY Solicitor.
*34Prior to Registration of Block 1 (Stage 14) the SUBDIVIDER agrees that the house
and lot shall be designated under Part IV of the Ontario Heritage Act. The
SUBDIVIDER further agrees to prepare and submit a reference plan, if necessary,
to the
which describes the Becker Heritage House in order to facilitate the designation
and register the designating by-law on title of the lands.
*35. (3.24) Prior to Servicing or Registration, whichever may come first, the
SUBDIVIDER agrees to prepare a Multi-Use Pathway (MUP) Plan that illustrates
the alignment, treatment and sequencing of the Secondary Multi-Use Pathways
of Parks and
Cemeteries and Director of Planning. The MUP Plan shall consider all MUP
locations shown on Map 11 of the Official Plan (Integrated Transportation
System) and may give consideration to interim and permanent locations of the
MUP along on Wallaceton Way and/or Block 1 (Stage 12) and Tartan Ave and/or
Block 1 (Stage 11).
*36. Prior to Registration of Stages 1 and11 (on a stage by stage basis) the
SUBDIVIDER agrees to grant the CITY an easement over Blocks 192 & 193 (Stage
1), Block 1 (Stage 11) for a Multi-Use Pathway, where it is located on privately
owned property, rather than within the right-of-way, and to the satisfaction of the
The Multi-Use Pathway shall be located approximately parallel to the street and
may take the place of a CITY sidewalk. Terms of such easement including but
not limited to maintenance, insurance & liability shall be to the satisfaction of the
*37. Prior to registration of each of Stages 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 14the
SUBDIVIDER shall be required to receive Draft Approval or an exemption for a
Plan(s) Common Elements Condominium to which all proposed lots in the stage
will be Parcels of Tied Land, to the satisfaction of the
Director of Planning.
*38. Prior to Registration of any stage which may contain part of the former Plains
Road right-of-way, the SUBDIVIDER shall complete a Record of Site Condition for
lands contained within the former Plains Road right-of-way, to the satisfaction of
the CITY Solicitor. Until the Record of Site Condition has been completed and
acknowledged by the Ministry of the Environment, the CITY will not accept the
dedication of any lands contained within the former right-of-way.
*39. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S
Department of Development and Technical Services, a detailed written submission
documenting how all conditions imposed by this approval that require completion prior
to registration of the subdivision plan(s), have been satisfied.
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*3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil the following
conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning,
Development and Legislative Services.
1. That the plan submitted for final approval may incorporate a lot pattern for all blocks in
which single detached, semi-detached and townhouse lots are permitted, at a density
not exceeding the density identified in the draft approval conditions.
2. That the subdivision agreement be registered by the City of Kitchener against the land
to which it applies and a copy of the registered agreement be forwarded to the Regional
Municipality of Waterloo prior to final approval of the subdivision plan.
*3.a) That prior to final approval of Stage 1, or any other part of this plan of
subdivision, the SUBDIVIDER dedicate Road Widening Blocks 200 and 201,
Stage 1 (further described as Parts 1, 2 and 6 on registered reference plan 58R-
19937) to the Regional Municipality of Waterloo (free and clear of all
encumbrances and at no cost to the Region).
b) That prior to final approval of Stage 1, or any other part of this plan of
subdivision, the SUBDIVIDER shall enter into an agreement with the Regional
Municipality of Waterloo to provide temporary grading easements for parts 3, 4, 5
and 7 of registered reference plan 58R-19937.
*4. (delete)That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048
metre (10 ft.) road widening dedication to the Regional Municipality of Waterloo along
the frontage of Block 1, Stage 18 adjacent to Fischer Hallman Road (Regional Road
58). Should a determination be made (through the completion of an Environmental
Assessment or otherwise) that the road widening dedication is not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
*5. (delete)That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048
metre (10 ft.) road widening dedication to the Regional Municipality of Waterloo along
the frontage of Block 1, Stage 19 adjacent to Fischer Hallman Road (Regional Road
58). The 3.048 metre (10 ft.) widening at this location may be reduced as necessary in
order to recognize the existing heritage dwelling on the property.
Should a determination be made (through the completion of an Environmental
Assessment or otherwise) that the road widening dedication is not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
*6.a)That prior to final approval of Stage 1, the SUBDIVIDER shall provide an
Environmental Noise Assessment
MTE Consultants Inc.
Waterloo to update the lot/block configurations and associated
recommendations.
b) That prior to final approval of Stage 1, the SUBDIVIDER shall enter into an
agreement with the Regional Municipality of Waterloo and/or City of Kitchener, as
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necessary, to provide for implementation of the attenuation measures
Env
prepared by MTE Consultants Inc., and any addendums thereto.
i. That prior to final approval of Mixed Use Block 1 (Stage 12) and Mixed
Use Block 1 (Stage 13) the SUBDIVDER agrees submit a stationary
noise study for the subject lands, to the satisfaction of the Regional
Municipality of Waterloo
ii. That prior to site plan approval for the School Block (Stage 1), the
SUBDIVIDER agrees to prepare a road traffic and stationary noise
study, to the satisfaction of the Regional Municipality of Waterloo, to
indicate methods to be used to abate road traffic noise levels and, if
necessary, the Subdivider shall enter into an agreement with the
Regional Municipality of Waterloo to provide for implementation of the
accepted noise assessment attenuation measures. The agreement must
include a provision to indicate that the lands will be developed such
that road traffic noise will be attenuated through building layout and
design, and not through the use of physical noise walls.
iii. The prior to final approval of any of Stages 5, 6, 7, 12, 13 and 14, the
SUBDIVIDER agrees to complete a road traffic noise study for future
Stages 5, 6, 7, 12, 13, and 14 to indicate to the Regional Municipality of
Waterloo methods to be used to abate road traffic noise levels for all
Blocks affected by Fischer-Hallman Road and, if necessary, shall enter
into an agreement with the Regional Municipality of Waterloo to provide
for implementation of the accepted noise assessment attenuation
measures. The agreement must include a provision to indicate that the
lands will be developed such that road traffic noise from Fischer-
Hallman Road will be attenuated through building layout and design,
and not through the use of physical noise walls.
iv. The SUBDIVIDER agrees that if required, any minimum setbacks to
address noise attenuation be included in the proposed zoning bylaw.
*7.a)That prior to final approval of all or any part of this plan of subdivision, the
SUBDIVIDER shall provide an update to theFinal Water Distribution Report
prepared by MTE and dated April 27, 2018to the satisfaction of the City of
Kitchener and theRegional Municipality of Waterloo. Such analysis shall: take
into account recent changes to water pressure zones 4 and 5 in this area;identify
the specific Blocks on the plan which require pressure reducing devices;
address the comments provided by Regional Water Services staff in response to
its review of the Final Water Distribution Report prepared by MTE and dated April
27, 2018 provided in an email dated May 16, 2018; and, any additional comments
raised by the City of Kitchener.
b) That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER
enters into an agreement with the City of Kitchener to include water pressure reduction
devices for each dwelling unit constructed on those Blocks identified in the final Water
Distribution Analysis in Condition 7a) above, to not exceed the maximum standard of 80
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psi, and to include in the offers to purchase and rental agreements, a clause identifying
the presence of the water pressure reduction devices and advising the it not be
removed by the owner/occupant.
8. That prior to final approval, the Regional Municipality of Waterloo has the necessary
physical and financial resources for the cost of design, construction and installation of
street lighting along Fischer-Hallman Road (Regional Road 58) in accordance with
Regional policies and procedures.
9. That prior to final approval, the Regional Municipality of Waterloo has the necessary
physical and financial resources to construct a sidewalk along the frontage of Fischer-
Hallman Road (Regional Road 58).
10. That prior to any grading of any lands of this plan of subdivision, the SUBDIVIDER
decommissions any monitoring wells, existing private wells, and septic systems on the
lands in accordance with applicable laws and regulations including O. Reg. 903 of the
Ontario Water Resources Act.
11. That the SUBDIVIDER agrees to stage the development of this plan of subdivision in a
manner satisfactory to the Regional Municipality of Waterloo.
12. That the SUBDIVIDER submits a Street Tree Planting Plan for Fischer-Hallman Road
(Regional Road 58) to the satisfaction of the Regional Municipality of Waterloo, and
furthermore, that the Regional Municipality of Waterloo has the physical and financial
resources to provide for implementation of the approved Street Tree Planting Plan.
13. That the SUBDIVIDER submits a Boulevard Restoration Plan for Fischer-Hallman Road
(Regional Road 58) to the satisfaction of the Regional Municipality of Waterloo and
shall enter into an agreement with the Regional Municipality of Waterloo to provide for
implementation of the approved Boulevard Restoration Plan as necessary.
*14. That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER
agrees to update and finalize to the satisfaction of the Regional Municipality of
pact &
SUBDIVIDER further agrees to implement the recommendations of the study.
15. That a final area grading and drainage plan be submitted for the entire plan of
subdivisionto the satisfaction of the Regional Municipality of Waterloo where lands
drain to a Regional facility, for approval.
*16.That a final stormwater management plan, including provisions for winter by-pass,
besubmitted for the entire plan of subdivision tothe satisfaction of the Regional
Municipality of Waterloo where lands drain to a Regional facility, for approval. The final
stormwater management plan must address methods to reduce impacts from road salt
infiltration on groundwater including, but not limited to, the recommendations of the
updated and finalizedChloride Impact & Groundwater Recharge as noted in
Condition 14 above.
*17.a) That prior to final approval, the SUBDIVIDER enters into an agreement with the
Regional Municipality of Waterloo to prepare and implement, to the satisfaction
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of the Region of Waterloo, a road Salt Management Plan prior to site plan
approval for:
Stage Block
1 191 - elementary school
1 186 & 187 - multiple dwelling
2 1 & 2 - multiple dwelling
6 1 - multiple dwelling
11 1 - multiple dwelling
12 1 - mixed use
13 1 - mixed use
14 1 - multiple dwelling
*18. That prior to final approval Stage 12 and/or 13 (whichever comes first) of this
plan of subdivision, the SUBDIVIDER agrees to complete an update to the
original Transportation Impact Study entitled "Becker Estates Traffic Impact
Study Update" dated September 2008 prepared by Paradigm Transportation
Solutions Limited. Such update shall include any additional access analysis as
required for the development on these blocks to the satisfaction of the Regional
Municipality of Waterloo. Furthermore, if deemed necessary by the Region, the
SUBDIVIDER shall enter into an agreement with the Region to secure the
recommendations of the updated Transportation Impact Study.
*19. That prior to final approval of Stage1 of this plan of subdivision, the SUBDIVIDER
agrees to submit a preliminary roundabout design, screening analysis, intersection
control study, and detailed design for the roundabout prepared by a qualified
roundabout design engineer where necessary to the satisfaction of the Region's
Commissioner of Planning, Development and Legislative Services for the
intersections of Fischer-Hallman Road (Regional Road 58) and Wallaceton Way, and
Fischer-Hallman Road and Haldimand Street. In the event the analysis for each
intersection demonstrates the potential need for additional land in order to implement a
roundabout option or other intersection improvements, the SUBDIVIDER agrees to
modify Block 1, Stage 12, Block 1, Stage 13 and Block 1, Stage 14 in order to show
the additional lands required for the roundabouts and to dedicate, at no cost to the
Region, that portion of the required lands to the Regional Municipality of Waterloo prior
to final approval of Stage1 or at such time as the Region deems necessary. Should a
determination be made (through the completion of an Environmental Assessment or
otherwise) that a roundabout is not the preferred alternative to address operations at
the subject intersections or other intersection improvements are not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
*20. If the preliminary roundabout analysis in Condition 19 determines that a roundabout is
not required for Fischer-Hallman Road and Wallaceton Way, and Fischer-Hallman
Road and Haldimand Street, the SUBDIVIDER agrees to establish two (2) 7.62 metre
(25 ft.) daylighting triangles at the intersections of Fischer-Hallman Road and
Wallaceton Way, and Fischer-Hallman Road and Haldimand Street, and to
dedicate the daylighting triangles on the final plan for registration as public highway to
the appropriate road authority.
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*21. If the preliminary roundabout analysis in Condition 19 determines that a roundabout is
not required for Fischer-Hallman Road and Wallaceton Way, and Fischer-Hallman
Road and Haldimand Street, the SUBDIVIDER must submit for review and approval,
functional designs for the required road improvements and traffic control on Fischer-
Hallman Road and Wallaceton Way, and Fischer-Hallman Road and Haldimand
Street.
*22. That prior to final approval of anystage of this plan of subdivision, the Region has the
necessary physical and financial resources to implement the Traffic Impact Study and
Intersection Control Study including, but not limited to, the roundabouts for Fischer-
Hallman Road and Wallaceton Way, and Fischer-Hallman Road and Haldimand
Street, and the conveyance of lands owned by the City of Kitchener situated on the
west side of Fischer-Hallman Road at Wallaceton Way at no cost to the Region.
*23.a) That prior to final approval of any stage of this plan of subdivision, the
SUBDIVIDER enters into an agreement with the Regional Municipality of
Waterloo to provide a Letter of Credit in a form satisfactory to the Regional
Solicitor for the future installation of infrastructure for 5 transit stops including
an iXpress stop.
b) That prior to final approval of any stage of this plan of subdivision, the
SUBDIVIDER enters into an agreement with the Regional Municipality of
Waterloo to provide (at the cost of the SUBDIVIDER) any necessary Transit
Easement(s) and/or provision for transit service within this plan as deemed
required for future transit service/ facilities by the Region.
*24. That the SUBDIVIDER obtains Regional Road Access permits for Wallaceton Way at
Fischer-Hallman Road and Haldimand Street at Fischer-Hallman Road.
*25. (delete)That the SUBDIVIDER enters into an agreement with the Regional Municipality
of Waterloo to erect a 1.82 metre high permanent, maintenance free fence, where
necessary, adjacent to Fischer-Hallman Road (Regional Road 58) in accordance with
Regional policies and procedures, except where a noise attenuation wall may be
required as per Condition No. 6 above.
26. That the SUBDIVIDER enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and municipal
wastewater treatment services prior to final approval or any agreement for the
installation of underground services, whichever occurs first. Where the SUBDIVIDER
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.
27. That the SUBDIVIDER 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:
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"The lot, lots, block or blocks which are the subject of this agreement of lease or purchase
and sale are not yet registered as a plan of subdivision. The fulfillment of all conditions of
draft plan approval, including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been completed to permit
registration of the plan. Accordingly, the purchaser should be aware that the vendor is
making no representation or warranty that the lot, lots, block or blocks which are the subject
of this agreement of lease or purchase and sale will have all conditions of draft plan
approval satisfied, including the availability of servicing, until the plan is registered."
4. OTHER AGENCY CONDITIONS
1.Prior to any grading or construction on the site and prior to registration of any plan, the
owners or their agents shall submit the following plans and reports to the satisfaction of the
Grand River Conservation Authority.
a) A detailed storm water management report in accordance with the 2003 Ministry of
the Environment Report entitled "Stormwater Management Planning and Design
Manual" and in keeping with the Preliminary Stormwater Management Report
(October 2007) and letters dated February 27, 2009 and July 22, 2009 prepared by
MTE Consultants Inc.
b) A detailed Lot Grading, Servicing and Storm Drainage Plan.
c) An Erosion and Siltation Control Plan in accordance with the Grand River
Conservation Authority's Guidelines for sediment and erosion control, indicating the
means whereby erosion will be minimized and silt maintained on-site throughout all
phases of grading and construction.
d) The submission and approval of Development, Interference with Wetlands and
Alterations to Watercourses and shorelines permit from the GRCA prior to the
construction of the stormwater management outlet and removal of a small
isolated wetland pocket if the same is within or proposed to service the plan to be
registered.
e) Prior to grading or registration, whichever may occur first, the SUBDIVIDER agrees
to work with the downstream land owner(s) and CITY to complete an erosion
analysis and works required to mitigate adverse erosion impact of the south branch
Grand River Conservation Authority.
*2. a) That prior to Registration of Stage 1, the SUBDIVIDER agrees to make satisfactory
arrangements with the Waterloo Catholic District School Board with respect to the
Block 191 (Stage 1).
b) That prior to grading or registration of Stage 1, whichever occurs first, SUBDIVIDER
agrees to provide a copy of the relevant Area Grading Plan to the Waterloo Catholic
District School Board for their review and comment to the Director of Engineering.
c) That prior to servicing or registration of Stage 1, whichever occurs first, the
SUBDIVIDER agrees to provide a copy of the relevant Servicing Plan to the
Waterloo Catholic District School Board for their review and comment to the
Director of Engineering.
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5. CLEARANCE CONDITIONS
*1. That prior to the signing of the final plan by the Director of Planning, the Director shall be
advised by the Regional Commissioner of Planning, Development and Legislative
Services that Conditions 1-27 have been carried out to the satisfaction of the Regional
Municipality of Waterloo. The clearance letter from the Region shall include a brief but
complete statement detailing how each condition has been satisfied.
2.rector
shall be advised by the telephone company that Conditions 2.2.8 and 2.2.9 has been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the condition was satisfied.
3. That prior to the signing of the final plan
shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.7 and 2.2.9 have been
carried out satisfactorily. The clearance letter from Kitchener Wilmot Hydro should contain a
brief statement as to how the conditions were satisfied.
4.
shall be advised by the Grand River Conservation Authority that Condition 4.1 has been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the condition was satisfied.
5.
shall be advised by the Waterloo Catholic District School Board that Condition 4.2 has been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the condition was satisfied.
6. NOTES
Development Charges
*1. The owner/developer is advised that the provisions of the Development Charge By-law of
the City of Kitchener and RegionalDevelopment Charge By-law 14-046, are applicable.
Conveyance of Lands
2. Conveyance of lands to the City of Kitchener and Regional Municipality of Waterloo:
i) If the land to be conveyed to the City of Kitchener and Regional Municipality of
Waterloo can be more easily described in the conveyance by reference to a
Registered Plan than by 'metes and bounds', it is suggested that the description be
so worded.
ii) It is further suggested that the owner give to the City of Kitchener and Regional
Municipality of Waterloo an undertaking to deposit with the City Clerk and Regional
Solicitor a properly executed copy of the conveyance concurrent with the
registration of the plan.
The date and number of the document effecting the closing of the portion of original road
allowances included in this plan of subdivision shall be noted on the plan.
Registry Act
3. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as
amended, under The Registry Act.
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Review
4. Draft approval will be reviewed by City of Kitchener Council from time to time to determine
whether draft approval should be maintained.
Updated Information
5. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Planning and Development Departments of any
changes in ownership, agent, address and phone number.
Agreement
*6. Most of the Regional Municipality of Waterloo conditions can be satisfied through an
agreement. The onus is on the owner to contact Regional staff in writing to request the
preparation of such an agreement. A copy of a reference plan showing the lands to be
registered that are affected by the agreement and the conditions to be covered by the
agreement should be provided along with required fees.
Regional Fees
*7. The owner/developer is advised that the Regional Municipality of Waterloo has adopted
By-Law 17-076, 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.
Approvals for Servicing Systems
8. The proposed water distribution system meets the definition of a "water works" as defined
in the Ontario Water Resources Act. Prior to the construction of the proposed water supply
system. The proponent must ensure that the application for approval of water works, and
appropriate supporting information, are submitted to the Ministry of the Environment for
approval.
Stormwater Management
9. The proposed stormwater management system meets the definition of a "sewage works"
as defined in the Ontario Water Resources Act. Therefore, approval of the Director must
beobtained under Section 53 of the Ontario Water Resources Act prior to the construction
of the proposed stormwater management system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting information, are
submitted to the Ministry of the Environment for approval.
Sewage System
10. The proposed sanitary sewage collection system meets the definition of a "sewage works'
as defined in the Ontario Water Resources Act. Therefore, approval of the Director must
be obtained under section 53 of the Ontario Water Resources Act prior to the construction
of the proposed sanitary sewage collection system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting information, are
submitted to the Ministry of the Environment for approval.
Planning Act Applicability
11. This draft plan was received on or after May 22, 1996 and shall be processed and finally
disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4
(Bill 51).
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Regional Servicing Agreement
*12. The owner/developer is advised that draft approval is not a commitment by The Regional
Municipality of Waterloo to water and wastewater servicing capacity. To secure this
commitment the owner/developer must enter into an "Agreement for Servicing" with The
Regional Municipality of Waterloo by requesting that the Region's Planning and Culture
Department initiate preparation of the agreement. When sufficient capacity is confirmed by
the Region's Commissioner of Engineering to service the density as defined by the plan to
be registered, the owner/developer will be offered an "Agreement for Servicing". This
agreement will be time limited, define the servicing commitment by density and use.
Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will
be required.
The owner/developer is to provide the Regional Municipality of Waterloo with two print
copies of the proposed plan to be registered along with the written request for a servicing
agreement.
Registration Release
*13. To ensure that a Regional Release is issued by the Regional Commissioner of Planning,
Development and Legislative Services to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all Regional
conditions have been satisfied and the required clearance letters, agreements, prints of
plan to be registered , and any other required information or approvals have been
deposited with the Regional Planner responsible for the file, no later than December 15th.
Regional staff cannot ensure that a Regional Release would be issued prior to year end
where the owner/developer has failed to submit the appropriate documentation by this
date.
Final Plans
14. When the survey has been completed and the final plan prepared, to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the
plans comply with the terms of approval, and we have received an assurance from the
Regional Municipality of Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the \[enter title of person(s) authorized to sign plan\],
signature will be endorsed on the plan and it will be forwarded to the Registry Office for
registration. The following is required for registration and under The Registry Act and for
our use:
One(1)original mylar
four(4)mylar copies
four(4)white paper prints
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BECKER ESTATES
DRAFT PLAN OF SUBDIVISION 30T-07205
COMMEMORATION COST-SHARING SCHEDULE
Developer cost-sharing includes park commemoration and development beyond
standard developer responsibility
City cost-sharing includes standard park development
Standard Developer costs for parkland development excluded from cost-sharing
Minimum Developer and City contribution to be $123,000 and $150,000 respectively
(2009 dollars)
Budgeted contributions allocated to individual parks/parkettes that are not expended for
any park development are to be increased on an annual basis as of June 1 based on the
Construction Price Index
Securities for budgeted Developer contributions will be held by the City as per the
Subdivision Agreement as a rolling letter of credit to be reviewed annually to ensure
sufficient financial securities including the indexing (CPI) (calculated as of June 1)
The following sets out the Maximum Budgeted contributions by the Developer and City for all
Parks/Parkettes:
PARK/PARKETTEDEVELOPER CITYTOTAL
CONTRIBUTIONCONTRIBUTION
Block 194, Stage 1
$23,500$16,000$39,500
(Huron/Plains Parkette)
Block 193, Stage 1$20,000$75,000$95,000
(East Central Park)
Block 88, Stage 3
$19,500$11,000$30,500
(Parkette 1)
Block 87, Stage 3$21,500$11,000$32,500
(Parkette 2)
Block 6, Stage 5
$20,500$37,000$57,500
(South Plains Parkette 3)
Commemoration in ROW$18,000$0.00$18,000
$123,000$150,000$273,000
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Appendix “D” – Newspaper Notice
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT, AMENDMENTS TO THE KITCHENER ZONING BY-LAW
AND MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-07205
UNDER THE SECTIONS 17, 22, 34 & 51 OF THE PLANNING ACT
Huron Road (Becker Estates Subdivision)
Schlegel Urban Developments Corp. is proposing to modify Draft Approved Plan of Subdivision 30T-
07205 to adjust the locations of medium-rise and low-rise residential uses and to add new local roads.
The owner has requested an Official Plan and Zoning By-law amendment in support of the proposed
modifications and to add zoning regulations that will permit an efficient, contemporary subdivision.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of
Council which deals with planning matters, on:
MONDAY, JUNE 18,2018 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 would otherwise
have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at a public meeting or
make written submissions to the City of Kitchener prior to approval/refusal of the proposal, the
person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council - click on the date in the calendar, scroll down & select meeting), or in
th
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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Appendix “E” – Department and Agency Comments
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Appendix “F” – Public Input
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