HomeMy WebLinkAboutPSI Agenda - 2018-08-13The following matters are considered not to require debate and should be approved by one motion in
accordance with the recommendation contained in each staff report. A majority vote is required to discuss any
report listed as under this section.
Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum
of 5 minutes.
This is a formal public meeting to consider applications under the Planning Act. If a person or public body that
would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at the public meeting or make written
submissions to the City of Kitchener before the by-law is passed, the person or public body is not entitled to
appeal the decision.
Staff will provide a 10 minute presentation on this matter
REPORT TO:Planning & Strategic InitiativesCommittee
DATE OF MEETING:August 13, 2018
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY:Brian Bateman, Senior Planner, 519-741-2200 ext.7869
Natalie Goss, Senior Planner, ext. 7067
WARD(S) INVOLVED:Wards 3, 8, 9 and 10
DATE OF REPORT:July 18, 2018
REPORT NO.:DSD-18-017
SUBJECT:CITY-INITIATED ZONING BY-LAW AMENDMENT
ZC/18/001/COK/NG
IMPLEMENTATIONOF CERTAIN RESIDENTIAL
INTENSIFICATION IN ESTABLISHED NEIGHBOURHOOD
STUDY (RIENS)RECOMMENDATIONS
RECOMMENDATION:
ThatCity-initiated ZoningBy-law amendmentZC/18/001/COK/NG, being an
amendment to Sections 3, 4, 5, 36, 37, 38, 39, 40, and 41 of By-Law 85-1and the
incorporation of Appendix H toBy-law 85-1, for the purpose of implementing
certain recommendations of the Residential Intensification in Established
Neighbourhoods Study (RIENS)be approved
By-July 16, 2018, attached to Report DSD-18-017 as Appendix A.
BACKGROUND:
Staff has been working on a series of initiatives since 2013
regarding infill intensification in established residential neighbourhoods. In March 2017,
the Residential Intensification in Established Neighbourhoods Study (RIENS) was
presented to Planning and Strategic Initiatives Committee and the recommendations of
the study were endorsed.
REPORT:
RIENS recommended several amendments to the Zoning By-law. These included:
Zoning By-law as it applies to the Study Area identified on the
map attached as Appendix A of this report.
Require new construction to generally be located a distance from the street that is
in line with existing dwellings.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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Reduce the maximum building height to permit a maximum of two storeys only in
a circumstance where a replacement dwelling is proposed between two bungalows
and maintain the current maximum permitted height everywhere else (10.5
metres).
Require that new garages be detached in the rear yard or attached on the side and
recessed behind the front face of the dwelling in areas where this is the norm. In
addition, new restrictions on garage width, garage projection and driveway width
should be Zoning By-law for the remainder of the Study Area.
Require that new garages be detached in the rear yard or attached on the side and
recessed behind the front face of the dwelling in areas where this is the norm. In
addition, new restrictions on garage width, garage projection and driveway width
Zoning By-law for the remainder of the Study Area.
In 2017,
Comprehensive Review of the Zoning By-law (CRoZBy) project. Included in the draft new
Zoning By-law were regulations implementing the RIENS direction for front yard building
setback, building height, and garages.
applied to specific areas or properties through future CRoZBy work and neighbourhood
specific planning reviews. At this time staff anticipates that it may take two or more years
to implement draft new residential zones across the approximately 50,000 residential
properties within Kitchener. Additionally, there continues to be development proposals in
the central neighbourhoods and it would be beneficial to have the new regulations in place
sooner rather than later.
As such, as an interim measure the proposed by-law sets out to address two present
needs: (1) to promote front yard building setback consistency and regularity within
existing residential streetscapes and (2) to regulate the location of an attached garage as
there is currently no regulation for an attached garage within the study area. Regulations
pertaining to building height and whether or not an attached, detached or no garage is
deemed appropriate for certain neighbourhoods or streets as well as the review of the
appropriateness of the zoning of specific properties where multiple dwellings are currently
permitted, and
neighbourhood specific planning reviews.
Proposed Zoning By-law Regulations
An amendment to the existing Zoning By-law 85-1 is proposed to implement the front yard
setback and attached garage regulations within the RIENS study area. The proposed
amendment includes the following regulations:
A requirement that attached garages not project beyond the front façade of the
building for single detached, duplex, semi-detached, semi-detached duplex, and
street townhouse dwellings, and;
A requirement that the front yard setback for new dwellings and front yard additions
to existing dwellings be setback the same distance from the street, plus or minus
one metre, from the street as abutting dwellings.
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may be further refined through site specific regulations when bringing certain areas into
the new Zoning By-law. Some areas should further consider the detailed treatment of
garages and front yard setbacks for any new development, as often they are part of the
defining elements and characteristics of a neighbourhood (such as not having attached
garages at the front of the dwelling).
The proposed Zoning By-law amendment includes regulations in the R-2 through R-7
zones specific to the RIENS area. These zones, and therefore these regulations, are
primarily within the core of these neighbourhoods, not the edge or transitional conditions.
The regulations only apply if a property owner is proposing an addition; if an existing
dwelling is proposed to be demolished and replaced with a new permitted dwelling type;
or if a new residential building is proposed through the creation of a new infill lot.
The proposed Zoning By-law amendment would help establish a standard for any new
residential development to be consistent with the streetscape character within our
established communities. Property owners have the right to make an application to vary
these standards (as with any Zoning By-law regulation), through a public process, as
there may be circumstances where it may be warranted to do so.
City Official Plan, 2014
development in establishment neighbourhoods should occur. Much of the lands subject
to the proposed Zoning By-law . As per
the Official Plan, community areas provide for residential uses and non-residential
supporting uses that are intended to serve the immediate residential areas (policy
3.C.2.50). Within community areas, limited intensification may be permitted provided the
development is sensitive to and compatible with the character, form and planned function
of the surrounding context (policy 3.C.2.52).
Section 4 about residential
redevelopment and intensification. While the majority of new residential growth in the
Built-up Area is intended to occur within Intensification Areas, some residential
intensification may occur within neighbourhoods. Policy 4.C.1.8 provides guidance for
special zoning regulations, such as the proposed Zoning By-Law amendment. It identifies
several matters to be considered including the following:
New buildings and additions/modifications to existing buildings are to be
appropriate in massing and scale and compatible with the built form and
community character of the established neighbourhood;
Any front yard setback should be similar to adjacent properties and support and
maintain the character of the streetscape and the neighbourhood;
Front yard additions are only to be permitted where it can be demonstrated that
the addition/modification is compatible in scale, massing, design and character of
adjacent properties and is in keeping with the character of the streetscape;
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Policy 4.C.1.9 states, t within existing
neighbourhoods will be designed to respect existing character. A high degree of
Also, Policy
15.D.3.4 within Section 15.D.3 ential buildings,
additions and/or modifications to existing residential buildings and conversions in
predominantly low density neighbourhoods should be compatible with and respect the
massing, scale, design and physical character of the established neighbourhood and
The proposed Zoning By-Law amendment includes regulations requiring front yard
setbacks to be consistent with the front yard setbacks of neighbouring properties and
requires that attached garages not project beyond the front façade of the building. These
regulations ensure that redevelopment of properties within established neighbourhoods
provide for a consistent streetscape. Additionally the proposed regulations are one
measure (among more to come through CRoZBy and the neighbourhood planning
reviews) that ensures that new and modified residential buildings are in keeping with the
character and location of a residential building on a lot of an established neighbourhood.
Planning staff is of the opinion that the proposed Zoning By-law amendment is consistent
with the Official Plan.
Regional Official Plan, 2015
The Regional Official Plan (Chapter 2, policy 2.2B) acknowledges that most of the
Reg-Up Area consists of established residential neighbourhoods. It goes on to
state that although the majority of buildings are not expected to change significantly in
use or form, that development may occur within these areas and that any future
development within, or adjacent to these areas will need to respect the existing physical
character of the area. The proposed Zoning By-law amendment includes regulations, the
intent of which is to provide parameters for development within established areas to
respect the existing character of the area. Planning staff is of the opinion that the
proposed Zoning By-law amendment is consistent with the Regional Official Plan.
Provincial Policy Statement(PPS), 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 principles to
development patterns that optimize the use of land, resources, and public investment in
infrastructure and public service facilities. While the current Zoning By-law is arguably
consistent with the PPS, the proposed Zoning By-law amendment will assist in addressing
compatibility of new development within established neighbourhoods. Planning staff is of
the opinion that the proposed Zoning By-law amendment is consistent with the PPS and
aligns with PPS objectives.
Growth Plan for the Greater Golden Horseshoe, 2017
The Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan) supports the
achievement of complete communities that are designed to support healthy and active
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Plan requires all municipalities to develop an intensification strategy that, among other
things, identifies the appropriate type and scale of development and transition of built
from (policy 2.2.2.4b), and ensure land is zoned and developed in a manner that supports
the achievement of complete communities (policy 2.2.2.4d). The Kitchener Growth
major growth to intensification areas (such as the Urban Growth Centre, nodes and
corridors) while allowing for minor intensification within community areas provided that it
is compatible and respects the character of the existing neighbourhood. While the
applicable Zoning By-law provisions do not conflict with the Growth Plan, the proposed
Zoning By-law amendment helps achieve intensification in a way that is beneficial to the
City and therefore Planning staff is of the opinion that it is consistent with the Growth Plan.
Planning AnalysisSummary
As outlined earlier in this report, the proposed Zoning By-law amendment is consistent
,
and the Growth Plan for the Greater Golden Horseshoe. It specifically implements several
recommendations of the RIENS that in
Official Plan.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority 3 Safe and Thriving Neighbourhoods
Strategy 3.3 Manage growth, curb urban sprawl, and foster more mixed-use
development, ensuring new development is integrated with the diversity and character of
the surrounding community.
FINANCIAL IMPLICATIONS:
No new or additional budget impacts are associated with these recommendations.
COMMUNITY ENGAGEMENT:
RIENS went through an extensive public engagement process including holding three
public sessions; roundtable discussions; electronic feedback; discussions with the
Waterloo Region Home Builders Association; a bus tour and an online survey. These
forms of engagement include inform, consult and collaborate. The recommendation for
new front yard, height and attached garage zoning regulations was generally supported
by members of the public throughout the RIENS process and endorsed by Council. The
proposed Zoning By-law amendment therefore implements these changes.
INFORM - To inform the public and stakeholders about the statutory public meeting a
notice (Appendix B) will be placed in the July 20, 2018 edition of The Record in
accordance with the requirements of the Planning Act. Details about the statutory public
meeting will also be posted on the The RIENS contact list will be used to
inform interested persons about the statutory public meeting.
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CONSULT - A statutory public meeting will be held on August 13, 2018. The purpose of
the statutory public meeting is for submissions to be made directly to Council on the
proposed Zoning By-law amendment in accordance with the provisions of the Planning
Act.
PREVIOUS CONSIDERATION OF THIS MATTER:
Council endorsed a series of reports on this matter between 2013 and 2017 (CSD-13-
084, CAO-15-003, CSD-15-025, CSD-15-046, FCS-15-175, CSD-17-009, and CSD-17-
032).
CONCLUSION:
It is Planning staff opinion that the proposed Zoning By-law amendment is consistent
with the Region of Waterloo Official Plan (2009), the City of Kitchener Official Plan (2014),
the Provincial Policy Statement (2014), and the Growth Plan for the Greater Golden
Horseshoe (2017). Staff recommends that the proposed Zoning By-law be approved.
REVIEWED BY:
Janine Oosterveld, Manager, Site Development and Customer Service
Brandon Sloan, Manager, Long Range and Policy Planning
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
ATTACHMENTS:
Appendix A - Proposed By-law including Appendix H (Map)
Appendix B Statutory Public Meeting Notice
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DSD-18-017
Appendix A
PROPOSED BY LAW
July 16, 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 Implementation of
specific Residential Intensification in Established
Neighbourhoods (RIENS) Recommendations)
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.Section 3.5 of By-law 85-1, is hereby amended by deleting the first sentence in its entirety and
replacing it as follows:
to form part of this By-
2.Section 3.5 of By-law 85-1, is hereby further amended by adding sub-section 3.5.8 after sub-
section 3.5.7 as follows:
RESIDENTIAL INTENSIFICATION IN ESTABLISHED
NEIGHBOURHOODS STUDY (RIENS) AREA
The Residential Intensification in Established Neighbourhoods Study (RIENS) Area, as
delineated for the purposes of specific regulations that
3.Section 5.5 of By-law 85-1, is hereby amended by adding section 5.5D after section 5.5C as
follows:
5.5D ATTACHEDGARAGES FOR SINGLE DETACHED DWELLINGS, DUPLEX
DWELLINGS, SEMI-DETACHED HOUSES, SEMI-DETACHED DUPLEX HOUSES,
AND STREET TOWNHOUSEDWELLINGSFOR LANDS IDENTIFIED ON
H
H and zoned R-2, R-3, R-4, R-5, R-6, or R-7, an
attached garage associated with a single detached dwelling, duplex dwelling, semi-
detached house, semi-detached duplex house, and street townhouse dwelling shall
not project beyond the front façade of the habitable portion of the dwelling.
4.Sections 36.2.1, 37.2.1, 38.2.1, 38.2.2, 39.2.1, 39.2.2, 39.2.4 40.2.2, 40.2.3, 40.2.4, 40.2.6,
41.2.2, and 41.2.3 of By-law 85-1 are hereby amended by adding the following provisions after
1
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; and Section 40.2.5, and 41.2.5 of By-law 85-1 are hereby amended by adding the
Minimum Front Yard for lands identified on a)For dwellings and additions to dwellings
that project into the existing front yard
constructed after the effective date of this
by-law:
i)The average of the front yards of the
abutting lots, minus 1.0 metre;
ii)In the case where there is a vacant lot
abutting the affected lot, the average
of the front yards, minus 1.0 metre, of
the closest building on the next
adjacent lot, which must be no more
than 30 metres from the affected lots
closest side lot line;
iii)In the case of a corner lot, the front
yard, minus 1.0 metre, of the abutting
lot on which the dwelling faces the
same side of the street
Notwithstanding the foregoing, no part of
any building used to accommodate off-
street parking shall be located closer than
6.0 metres to the street line.
b)In all other cases, the minimum front yard
shall be 4.5 metres. Notwithstanding the
foregoing, no part of any building used to
accommodate off-street parking shall be
located closer than 6.0 metres to the
street line.
Maximum Front Yard for lands identified on a)For dwellings and additions to dwellings
that project into the existing front yard
constructed after the effective date of this
by-law:
i)The average of the front yards of the
abutting lots, plus 1.0 metre;
ii)In the case where there is a vacant lot
abutting the affected lot, the average
of the front yards, plus 1.0 metre, of
the closest building on the next
adjacent lot, which must be no more
than 30 metres from the affected
closest side lot line;
iii)In the case of a corner lot, the front
yard, plus 1.0 metre, of the abutting lot
on which the dwelling faces the same
side of the street,
2
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Notwithstanding the foregoing, no part of
any building used to accommodate off-
street parking shall be located closer than
6.0 metres to the street line.
b)In all other cases there is no maximum
front yard.
5.Section 41.2.6 of By-law 85-1 is hereby amended by adding the following provisions after
Minimum Front Yard for lands identified on a)For dwellings and additions to dwellings
that project into the existing front yard
constructed after the effective date of this
bylaw:
i)For that portion of a dwelling with a
building height not exceeding 10.5
metres, the average of the front yards
of the abutting lots, minus 1.0 metre.
An additional setback of 1.5 metres
shall be required for every additional
portion of additional 3.0 metres of
building height thereafter;
ii)In the case where there is a vacant lot
abutting the affected lot, for that
portion of a dwelling with a building
height not exceeding 10.5 metres, the
average of the front yards, minus 1.0
metre, of the closest building on the
next adjacent lot, which must be no
more than 30 metres from the affected
setback of 1.5 metres shall be required
for every additional portion of
additional 3.0 metres of building height
thereafter;
iii)In the case of a corner lot, for that
portion of a dwelling with a building
height not exceeding 10.5 metres, the
front yard, minus 1.0 metre, of the
abutting lot on which the dwelling
faces the same side of the street. An
additional setback of 1.5 metres shall
be required for every additional portion
of additional 3.0 metres of building
height thereafter.
b)In all other cases the minimum front yard
shall be 4.5 metres for that portion of a
multiple dwelling within a building height
not exceeding 10.5 metres, and an
additional setback of 1.5 metres shall be
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required for every additional portion of
additional 3.0 metres of building height
thereafter.
Maximum Front Yard for lands identified on a)For dwellings and additions to dwellings
that project into the existing front yard
constructed after the effective date of this
by-law:
i)For that portion of a dwelling with a
building height not exceeding 10.5
metres, the average of the front yards
of the abutting lots, plus 1.0 metre, on
which the dwellings face the same side
of the street;
ii)In the case where there is a vacant lot
abutting the affected lot, for that
portion of a dwelling with a building
height not exceeding 10.5 metres, the
average of the front yards, plus 1.0
metre, of the closest building on the
next adjacent lot, which must be no
more than 30 metres from the affected
iii)In the case of a corner lot, for that
portion of a multiple dwelling with a
building height not exceeding 10.5
metres, the front yard, plus 1.0 metre,
of the abutting lot on which the
dwelling faces the same side of the
street.
b)In all other cases there is no maximum
front yard.
6.By-law 85- Residential Intensification in
Established Neighbourhoods Study (RIENS) Area after Appen
PASSED at the Council Chambers in the City of Kitchener this ______day of ___________, 2018
_____________________________
Mayor
_____________________________
Clerk
4
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Appendix H: Residential Intensification in Established Neighbourhoods Study (RIENS) Area
RINS Area Boundary
Lands within the RIENS Area are subject to specific regulations.
These regulations are included inSection 5 and Sections 36 to 41.
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METRIC SCALE1:80,000
05001,0002,000
Meters
´
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED CITY-INITIATED ZONING BY-LAW AMENDMENT
UNDER SECTION 34 OF THE PLANNING ACT
Residential Intensification of Established Neighbourhoods Study (RIENS)
The City of Kitchener is proposing new regulations to Zoning By-law 85-1 in response to the Residential Intensification of
Established Neighbourhoods Study (RIENS) that was approved by Council in 2017. These regulations represent changes
to Sections 3, 4, 5, 36, 37, 38, 39, 40, and 41 of the By-law in order implement a new front yard setback and garage setback
regulations for new residential buildings and additions to existing residential buildings for lands located within the RIENS
area (see map).
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, AUGUST13, 2018 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 proposals. 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
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submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of
these proposals, the person or public body isnot 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 meeting date
th
in the calendar, scroll down & select meeting), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West,
Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Brian Bateman, Senior Planner - 519-741-2200 x7869 (TTY: 1-866-969-9994); brian.bateman@kitchener.ca
Natalie Goss, Senior Planner 519-741-2200 x7067 TTY: 1-866-969-9994); natalie.goss@kitchener.ca
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Policy Conformity
Provincial Policy Statement, 2014
Growth Plan for the Greater Golden Horseshoe, 2017
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Regional Official Plan (ROP)
Built-Up Area
City of Kitchener 2014 Official Plan and Proposed Official Plan Amendment
Low Rise Residential (LRR)
Specific Policy Area 2.
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Hidden Valley Residential Community Plan
Proposed Zone Change Application
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Proposed Draft Plan of Subdivision Application
Subdivision Characteristics
Servicing
Proposed Cul-de-Sac
George
Shouftas Place
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George Shouftas Place
Noise Warning Clauses
Road Widening
Demolition of Single Detached Dwelling
Design Guidelines and Planting Plan
Hidden Valley Road Improvements
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Parkland Dedication
Department and Agency Comments
Community Comments
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DSD-18-040 - Appendix A
1. That this approval applies to Plan of Subdivision 30T-11204 for 1232118 Ontario Inc. as
shown on the attached Plan of Subdivision prepared by the City of Kitchener dated June 6,
2018, which shows the following:
Lots 1-9 Single Detached Residential 9 units
Block 10 Road Widening
Total Units: 9units
1.1 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 June 6, 2018. The following special conditions shall be added to the
City Standard Residential Subdivision Agreement:
Part 2 Prior to Grading
2.1 The SUBDIVIDER agrees to acquire a qualified Engineering Consultant who shall
prepare an Area Grading, Erosion and Siltation Control Plan to the satisfaction of the
f Engineering Services and those applicable City Departments or
the time of draft approval. Said Plan shall ensure that all drainage corridors are
properly graded to allow access by City staff.
2.16 The SUBDIVIDER shall obtain permission to grade on adjacent lands and provide
confirmation to the City, should grading on adjacent lands be necessary, to the
satisfaction of the Director of Engineering Services.
2.17 Prior to area grading, the SUBDIVIDER shall obtain a demolition permit from the
1070 Hidden Valley Road, and remove associated services, to the satisfaction of the
Chief Building Official.
Part 3 Prior to Servicing
3.2 (21) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to acquire a qualified Engineering Consultant who shall prepare a detailed
engineering design and report for storm water management, including any requisite
monitoring, and obtain ng
Services at the time of draft approval. The Stormwater Management design shall be
in accordance with the Hidden Valley Development Final Stormwater Management
Report prepared by Stantec Consulting Ltd. (November 2005). Additionally,
enhanced level quality stormwater treatment is required prior to stormwater outletting
from the subdivision and the subdivision is required to retain a minimum of 12.5mm
of runoff from all surfaces of the entire site.
3.18 (22) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER,
will ensure that the approved engineering design for Stormwater Management will
include a maintenance program for a period of 2 years post full build out of the
subdivision, which will ensure stormwater management facilities function as
ce
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DSD-18-040 - Appendix A
required during this period, prior to the municipality assuming the facilities, shall be at
the sole expense of the SUBDIVIDER.
3.19 (23) Prior to Servicing or Registration which ever shall occur first, the SUBDIVIDER
agrees to undertake a 2 year monitoring program of groundwater elevations to
demonstrate the difference in elevation between the seasonally high groundwater
Engineering Services. Where lots are proposed within an area of concern, the
geotechnical consultant shall provide the minimum underside of footing elevation for
those lots, and it is to be shown on lot grading plan. A letter is required from the
geotechnical consultant certifying the minimum elevations are correct.
3.20 (24) Prior to Servicing or Registration, whichever shall come first, the SUBDIVDER
agrees to submit a Servicing Plan showing outlets to the municipal servicing system
existing lots within the subdivision will be provided with municipal services.
3.21 (25) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
must deed to the CITY any servicing easements required. All easements are to be a
minimum 5.0m wide or twice the depth of the service, whichever is larger.
3.22 (26) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
agrees to deed to the City a minimum 6.0m wide drainage corridor where major
overland flow routes are not on municipally owned lands.
3.23 (15) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
agrees to provide a design for the upgrade of Hidden Valley Road from River Valley
Road to the eastern limit of the subdivision along Hidden Valley Road in accordance
with current City Standards and to the satisfaction of the
. This
upgrade shall include, but not be limited to:
a) road surface replacement from River Valley Drive to the eastern extent of the
plan;
b) a 1.5 metre wide concrete sidewalk on the south side of Hidden Valley Road
Director of Engineering Services, may require a combination of constructed
sidewalk and cash-in-lieu contribution for the abovementioned sidewalk;
c) a rolled curb and gutter from River Valley Drive to the existing curb and gutter in
front of 1018 Hidden Valley Road, on both sides of Hidden Valley Road, and
of Engineering Services, may require a combination of constructed curb and
gutter and cash-in-lieu contribution for the abovementioned curb and gutter;
d) installation of regulatory signage and speed humps in accordance with the
approved Pavement Marking and Signage Plan.
3.24 (16) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
agrees to provide sidewalks on both sides of all streets within the subdivision in
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DSD-18-040 - Appendix A
-de-sac will
be required to be constructed to full urban cross-section.
3.25 (17) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall prepare an On-Street Parking Plan and a Signage and Pavement Marking Plan
Operations.
The On-Street Parking Plan shall depict proposed garage and driveway widths, and
-Street Parking Policy and shall generally
provide for one on-street parking space for every two dwelling units. Other options
such as driveway length, and garage space should be considered in accordance with
CITY policy.
The Signage and Pavement Marking Plan shall include regulatory signage, and
speed humps on the crest vertical curve along Hidden Valley Road, to implement the
approved sightline analysis.
The SUBDIVIDER agrees to implement the approved On-Street Parking Plan and a
UBDIVIDER
agrees to pay all costs associated with implementation of these Plans, to the
Transportation Services.
3.26 (18) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall confirm that the servicing drawings are coordinated with the Priority Lotting
Plan, On-Street Parking Plan, Streetscape Plan and Master Tree Planting Plan
required by thi
and Director of Operations.
3.27 (19) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall submit and receive final approval of a Priority Lotting Plan and of Design
The SUBDIVIDER shall include visual examples and/or photographs to supplement
text of the Design Guidelines where feasible and shall provide a range of fence
styles from which to choose.
The Design Guidelines for Priority Lots shall include, but not be limited to, the
following considerations:
a) Lots 1, 4, 5, 8 and 9 shall be identified as Priority Lots;
b) Lots 8 and 9 shall be identified as Priority Streetscape Lots and Priority Corner
Lots and include specific guidelines with respect to providing comparable
building materials, level of architectural detailing and articulation for proposed
building elevations facing the front and flankage lot lines;
2 - 13
DSD-18-040 - Appendix A
c) Lots 4 and 5 shall be identified as Terminating Vista Lots and include specific
guidelines with respect to providing a high level of architectural design and
detailing for the front and visible portions of the side elevations. The Design
Guidelines will apply to any redevelopment or renovations on Lot 4;
d) Lot 9 shall be identified as a Priority Streetscape Lot and include specific
guidelines with respect to providing a high level of architectural design and
detailing for the front and visible portions of the side elevations;
e) Fencing specifications shall be provided for the entire subdivision as well as for
specific lots fronting onto Hidden Valley Road (i.e., Lots 1, 8, and 9). Pool
fencing standards should be referenced;
f) Maximum garage width, orientation, and driveway width specifications shall be
provided;
g) Maximum building envelopes shall be provided.
3.28 (20) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall submit and receive approval of a Streetscape Planting Plan to the satisfaction
Among other matters,
the Plan shall include plantings within the central island of the cul-de-sac bulb.
3.29 (27) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to provide a letter of understanding signed by the SUBDIVIDER and Hidden
Valley Kitchener acknowledging that the subdivision will outlet into SWM Facility 131,
which is currently on maintenance
Engineering Services. If SWM Facility 131 should come off maintenance and into
ownership of the City of Kitchener prior to Servicing or Registration, the SUBDVIDER
will be required to provide a SWM Facility cleanout maintenance security in
accordance with the City of Kitchener Development Manual, to the satisfaction of the
.
Part 4 Prior to Application Being Made for Any Building Permit
4.18 The SUBDIVIDER agrees that no building permit shall be applied for or issued for
the Priority Lots outlined in Condition 3.27 of the Subdivision Agreement unless the
building designs (including but not limited to building elevation drawings, building
location drawings, lot grading drawings, and landscape drawings) are in accordance
with the approved Priority Lotting Plan and Design Guidelines for Priority Lots,to the
Director of Planning. The SUBDIVIDER further agrees that dwellings shall be
designed and constructed in accordance with the approved plans, to the satisfaction
The SUBDIVIDER and subsequent owners of
affected lots are advised that this requirement shall also apply to future additions,
major alterations and fencing.
Part 6 Other Time Frames
6.15 Prior to occupancy, the SUBDIVIDER agrees to construct at source infiltration
Installation of infiltration galleries shall be supervised and certified by a qualified
to
2 - 14
DSD-18-040 - Appendix A
6.16 The SUBDIVIDER agrees that any impacts to private wells and septic systems are
the responsibility of the SUBDIVIDER to address. If the private wells fail to function
due to the development of the subdivision, the SUBDIVIDER is responsible to
provide water supply and other services to the affected residences.
6.17 The SUBDIVIDER shall provide confirmation to the satisfaction of the Director of
Engineering Services that any existing private wells and septic systems within the
lands proposed to be graded be decommissioned and have been done so in
accordance with the Ministry of the Environment and Climate Change standards.
6.18 The SUBDIVIDER agrees to include the following clause in all applicable
agreements of purchase and sale and tenancy agreements, which shall be
registered on the title of the lands immediately upon registration for all lots with rear
yard continuous linear infiltration galleries:
property. The owner of this property also owns his/her section of the infiltration
gallery. The infiltration gallery is not in public ownership. Monitoring, maintenance,
inspection, repair and replacement of this infiltration gallery, including any associated
costs, are the sole responsibility of the property owner. The City of Kitchener is in no
way responsible for this infiltration gallery. Should this infiltration gallery fail, it is the
6.19 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine
the locations of all centralized mail receiving facilities to the satisfaction of Canada
SUBDIVIDER shall provide temporary suitable centralized mailbox locations that
may be utilized by Canada Post until curbs, boulevards and sidewalks are
constructed for the plan of subdivision.
The SUBDIVIDER agrees to provide the City of Kitchener with evidence that
satisfactory arrangements, financial and otherwise, have been made with Canada Post
Corporation for the installation of Community Mail Boxed (CMB) as required by Canada
Post Corporation, at the time of sidewalk and/or curb installation.
6.20 That the SUBDIVIDER or subsequent owner agrees to include the following clauses
in all Agreements of Purchase and Sale with home buyers, and/or Rental
Agreements, which advise that the home/business mail delivery will be from a
designated Community Mail Box. The SUBDIVIDER further agrees that the location
of all Community Mail Box facilities will be shown on maps, information boards and
plans, including maps displayed in the sales office.
2 - 15
DSD-18-040 - Appendix A
2.2 That prior to the final approval of the plan to be registered, the SUBDIVIDER shall fulfill
the following conditions:
1. The City Standard Residential Subdivision Agreement be registered on title.
2. The SUBDIVIDER shall submit copies of the plan
Director of Planning and to obtain approval thereof.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on
any part of the lands and to pay all outstanding taxes on the lands.
4. The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under
co-ordinate values and elevations thereon and submit for registration the plans
showing the location of monuments, their co-ordinate values, elevations and code
numbers as prescribed by the Surveyor General of Ontario.
5. The SUBDIVIDER shall make satisfactory arrangements with KITCHENER-WILMOT
HYDRO for the provisions of permanent electrical services to the subdivision and/or
the relocation of the existing services. Further, the Subdivider acknowledges that this
may include the payment of all costs associated with the provisions of temporary
services and the removal of such services when permanent installations are possible.
6. The SUBDIVIDER shall make satisfactory arrangements for the provisions of
permanent telecommunications services to the subdivision and/or the relocation of the
existing services. Further the SUBDIVIDER acknowledges that this may include the
payment of all costs associated with the provision of temporary services and the
removal of such services when permanent installations are possible.
7. The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply with
the following easement procedure:
a) to provide copies of the subdivision plan proposed for registration and reference
plan(s) showing the easements to the Kitchener-Wilmot Hydro,
b) to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the CITY'S Director of
Engineering Services for municipal services;
c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/ Enhancement Plan;
d) if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the CITY, the SUBDIVIDER shall obtain prior written
irector of
Engineering Services, or, in the case of parkland, the CITY'S Director of
Operations; and
e) to provide to the CITY'S Director of Planning, a clearance letter from Kitchener-
2 - 16
DSD-18-040 - Appendix A
Engineering Services. Such letters shall state that the respective utility
company / City division has received all required grants of easement, or
alternatively, no easements are required.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the
CITY by the registration of the Plan of Subdivision.
9. The SUBDIVIDER agrees to convey to the City, at no cost and free of encumbrance,
Block 10, for road widening.
10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major
Director of Planning. The SUBDIVIDER acknowledges that a Sign Permit is required
for the subdivision billboard sign and that the sign shall be erected and designed in
accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the applicable
zone and outside the corner visibility triangle, with the specific, appropriate
b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6
metres, and a maximum area of 13 square metres;
c) Graphics shall depict the features within the limits of the subdivision including,
without limiting the generality of the foregoing, approved street layout, including
emergency access roads, zoning, lotting and specific land uses, types of parks,
storm water management areas, trail links and walkways, potential or planned
transit routes and bus stop locations, centralized mail facility locations, notification
regarding contacts for school sites and which advises prospective residents that
students may be directed to schools outside the neighbourhood, noise attenuation
measures, environmentally sensitive areas, tree protection areas, special
buffer/landscaping areas, water courses, flood plain areas, railway lines and
hazard areas and shall also make general reference to land uses on adjacent
lands including references to any formal development applications, all to the
d) Approved subdivision billboard locations shall be conveniently accessible to the
public for viewing. Low maintenance landscaping is required around the sign and
suitable parking and pedestrian access may be required between the sign location
and public roadway in order to provide convenient accessibility for viewing;
e) The SUBDIVIDER shall ensure that the information is current as of the date the
sign is erected. Notice shall be posted on the subdivision billboard signs advising
that information may not be current and, to obtain updated information, inquiries
Planning
Division or the appropriate School Board for school accommodation information;
and
f) The sign shall also advise prospective residents that students from the subdivision
may be directed to schools outside the neighbourhood.
2 - 17
DSD-18-040 - Appendix A
11. The SUBDIVIDER shall enter into a registered development agreement with the CITY
to provide for the installation of water pressure reduction devices, and to include in all
offers to purchase and sale and/or rental agreements, a clause identifying the
presence of such water pressure reduction device and advising that it may not be
removed by the owner/occupant, to the satisfaction of the CITY in consultation with
the Regional Municipality of Waterloo.
12. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision by a cash-in-lieu contribution for 5% of the value of all of the lands within
the subdivision, with the value of the land determined as of the day before the day of
draft approval
13. The SUBDIVIDER agrees that the proposed cul-de-sac street shall be named George
Shouftas Place, as shown on the Draft Plan.
14. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S
Director of Planning, a detailed written submission documenting how all conditions
imposed by this approval that require completion prior to registration of the
subdivision plan(s), have been satisfied.
15. (3.23) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
agrees to provide a design for the upgrade of Hidden Valley Road from River Valley
Road to the eastern limit of the subdivision along Hidden Valley Road in accordance
Director of
upgrade shall include, but not be limited to:
a) road surface replacement from River Valley Drive to the eastern extent of the
plan;
b) a 1.5 metre wide concrete sidewalk on the south side of Hidden Valley Road
Director of Engineering Services, may require a combination of constructed
sidewalk and cash-in-lieu contribution for the abovementioned sidewalk;
c) a rolled curb and gutter from River Valley Drive to the existing curb and gutter in
front of 1018 Hidden Valley Road, on both sides of Hidden Valley Road, and
Director
of Engineering Services, may require a combination of constructed curb and
gutter and cash-in-lieu contribution for the abovementioned curb and gutter;
d) installation of regulatory signage and speed humps in accordance with the
approved Pavement Marking and Signage Plan.
16. (3.24) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
agrees to provide sidewalks on both sides of all streets within the subdivision in
osed cul-de-sac will
be required to be constructed to full urban cross-section.
17. (3.25) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
shall prepare an On-Street Parking Plan and a Signage and Pavement Marking Plan
to the sa
2 - 18
DSD-18-040 - Appendix A
Operations.
The On-Street Parking Plan shall depict proposed garage and driveway widths, and
shall -Street Parking Policy and shall generally
provide for one on-street parking space for every two dwelling units. Other options
such as driveway length, and garage space should be considered in accordance with
CITY policy.
The Signage and Pavement Marking Plan shall include regulatory signage, and speed
humps on the crest vertical curve along Hidden Valley Road, to implement the
approved sightline analysis.
The SUBDIVIDER agrees to implement the approved On-Street Parking Plan and a
agrees to pay all costs associated with implementation of these Plans, to the
satisf
Transportation Services.
18. (3.26) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall confirm that the servicing drawings are coordinated with the Priority Lotting Plan,
On-Street Parking Plan, Streetscape Plan and Master Tree Planting Plan required by
t
of Operations
19. (3.27) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall submit and receive final approval of a Priority Lotting Plan and of Design
The SUBDIVIDER shall include visual examples and/or photographs to supplement
text of the Design Guidelines where feasible and shall provide a range of fence styles
from which to choose.
The Design Guidelines for Priority Lots shall include, but not be limited to, the
following considerations:
a) Lots 1, 4, 5, 8 and 9 shall be identified as Priority Lots;
b) Lots 8 and 9 shall be identified as Priority Streetscape Lots and Priority Corner
Lots and include specific guidelines with respect to providing comparable
building materials, level of architectural detailing and articulation for proposed
building elevations facing the front and flankage lot lines;
c) Lots 4 and 5 shall be identified as Terminating Vista Lots and include specific
guidelines with respect to providing a high level of architectural design and
detailing for the front and visible portions of the side elevations. The Design
Guidelines will apply to any redevelopment or renovations on Lot 4;
2 - 19
DSD-18-040 - Appendix A
d) Lot 9 shall be identified as a Priority Streetscape Lot and include specific
guidelines with respect to providing a high level of architectural design and
detailing for the front and visible portions of the side elevations;
e) Fencing specifications shall be provided for the entire subdivision as well as for
specific lots fronting onto Hidden Valley Road (i.e., Lots 1, 8, and 9). Pool
fencing standards should be referenced;
f) Maximum garage width, orientation, and driveway width specifications shall be
provided;
g) Maximum building envelopes shall be provided.
20. (3.28) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
shall submit and receive approval of a Streetscape Planting Plan to the satisfaction of
e
Plan shall include plantings within the central island of the cul-de-sac bulb.
21. (3.2) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to acquire a qualified Engineering Consultant who shall prepare a detailed
engineering design and report for storm water management, including any requisite
monitoring,
ng Services at the
time of draft approval. The Stormwater Management design shall be in accordance
with the Hidden Valley Development Final Stormwater Management Report prepared
by Stantec Consulting Ltd. (November 2005). Additionally, enhanced level quality
stormwater treatment is required prior to stormwater outletting from the subdivision
and the subdivision is required to retain a minimum of 12.5mm of runoff from all
surfaces of the entire site.
22. (3.18) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER,
will ensure that the approved engineering design for Stormwater Management will
include a maintenance program for a period of 2 years post full build out of the
subdivision, which will ensure stormwater management facilities function as designed
during this period, prior to the municipality assuming the facilities, shall be at the sole
expense of the SUBDIVIDER.
23. (3.19) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to undertake a 2 year monitoring program of groundwater elevations to
demonstrate the difference in elevation between the seasonally high groundwater
table and the underside of footings to
Engineering Services. Where lots are proposed within an area of concern, the
geotechnical consultant shall provide the minimum underside of footing elevation for
those lots, and it is to be shown on lot grading plan. A letter is required from the
geotechnical consultant certifying the minimum elevations are correct.
24. (3.20) Prior to Servicing or Registration, whichever shall come first, the SUBDIVDER
agrees to submit a Servicing Plan showing outlets to the municipal servicing system
existing lots within the subdivision will be provided with municipal services.
2 - 20
DSD-18-040 - Appendix A
25. (3.21) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
must deed to the CITY any servicing easements required. All easements are to be a
minimum 5.0m wide or twice the depth of the service, whichever is larger.
26. (3.22) Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
agrees to deed to the City a minimum 6.0m wide drainage corridor where major
overland flow routes are not on municipally owned lands.
27. (3.29) Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to provide a letter of understanding signed by the SUBDIVIDER and Hidden
Valley Kitchener acknowledging that the subdivision will outlet into SWM Facility 131,
Engineering Services. If SWM Facility 131 should come off maintenance and into
ownership of the City of Kitchener prior to Servicing or Registration, the SUBDVIDER
will be required to provide a SWM Facility cleanout maintenance security in
accordance with the City of Kitchener Development Manual, to the satisfaction of the
3.0REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS:
1. That the Owner/Developer agrees to stage the development for this subdivision in a
manner satisfactory to the Regional Commissioner of Planning, Development and
Legislative Services;
2. That the subdivision agreement be registered by the City of Kitchener against the
lands to which it applies and a copy of the registered agreement be forwarded to the
Regional Commissioner of Planning, Development and Legislative Services prior to
final approval of the subdivision plan;
3. a) That the Owner/Developer enters into an Agreement for Servicing with the
Regional Municipality of Waterloo to preserve access to municipal water supply
and municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever comes first.
Where the Developer 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;
a) That the Owner/Developer 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:
his 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
2 - 21
DSD-18-040 - Appendix A
or lease or purchase and sale will have all conditions of draft plan approval
satisfied, including the availability of servicin
4. That prior to final approval, the Owner/Developer enter into a registered development
agreement with the Regional Municipality of Waterloo to distribute source water
protection and awareness information with all offers of purchase/sale and tenancy
agreements to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services;
5. That prior to final approval, the Owner/Developer enter into a registered development
agreement with the City of Kitchener to implement the following noise warning clause
for all units and must be included in all offers of purchase/sale and tenancy
agreements:
ts are advised that due to the proximity of adjacent industrial
operations and stationary noise sources, sound levels from these facilities may at
6. That prior to final approval, the Owner/Developer enter into a registered development
agreement with the Regional Municipality of Waterloo to implement the following
noise warning clause for all units and must be included in all offers of purchase/sale
and tenancy agreements:
Purchasers are advised that when the River Road Extension is constructed adjacent
to this property, noise levels due to traffic may exceed the Noise Level Objectives
approved by the Regional Municipality of Waterloo and may cause concern to some
7. That prior to any grading, construction on the site, or final approval (whichever comes
first), the Owner/Developer is required to decommission any existing domestic wells
in accordance with Ontario Regulation 903 (as amended), and any existing septic
systems must be decommissioned with applicable provincial legislation.
4.0CLEARANCECONDITIONS
1. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by the Regional Commissioner of Planning, Development
and Legislative Services that Conditions 3.1 to 3.8 have been carried out to the
satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
Region shall include a brief statement detailing how each condition has been
satisfied.
2. That prior to the signing of the final plan by the
shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 and 2.2.7 have been
carried out satisfactorily. The clearance letter shall include a brief statement detailing
how each condition has been satisfied.
3.
shall be advised by the telecommunication companies (Bell, Rogers) that Conditions
2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter shall include a
brief statement detailing how each condition has been satisfied.
2 - 22
DSD-18-040 - Appendix A
6.0NOTES
1. The owner/developer is advised that the provisions of the Development Charge By-
law of the City of Kitchener are applicable.
2. The owner/developer is advised that the provisions of the Regional Development
Charge By-law 14-046 are applicable.
3. The final plans for Registration must be in conformity with Ontario Regulation 43/96,
as amended, under The Registry Act.
4. Draft approval will be reviewed by City of Kitchener Council from time to time to
determine whether draft approval should be maintained.
5. It is the responsibility of the Owner of this plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Planning Divisions of any changes in ownership,
agent, address, phone and fax numbers.
6. Some 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. The fees for the preparation and registration of
this agreement are payable to the Regional Municipality of Waterloo.
7. The owner/developer is advised that the Regional Municipality of Waterloo has
adopted By-Law 17-001, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c.
P.13, as amended, to prescribe a tariff of fees for application, recirculation, draft
approval, modification to draft approval and registration release of plans of
subdivision.
8. The owner/developer is advised of the Regional draft Plan of Subdivision draft
approval fee of $3,500 and Regional draft Plan of Subdivision registration release fee
of $2,000 (per Stage) payable at each step of the process.
9. This draft plan was received on or after January 1, 2007 and shall be processed and
finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O.
2006, c. 23 (Bill 51).
10. The Owner is advised that draft approval is not a commitment by the Regional
Municipality of Waterloo to water and wastewater servicing capacity. To secure this
commitment the owner/developer must enter into an "Agreement for Servicing" with
the Regional Municipality of Waterloo by requesting that the Region's Planning,
Development and Legislative Services Department initiate preparation of the
agreement. When sufficient capacity is confirmed by the Region's Commissioner of
Transportation and Environmental Services to service the density as defined by the
plan to be registered, the owner/developer will be offered an "Agreement for
Servicing". This agreement will be time limited and define the servicing commitment
by density and use. Should the "Agreement for Servicing" expire prior to plan
registration, a new agreement will be required.
2 - 23
DSD-18-040 - Appendix A
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
11.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 has failed to submit the
appropriate documentation by this date.
12.When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener. If
the plans comply with the terms of approval, and we have received an assurance
from the Regional Municipality of Waterloo and the applicable clearance agencies that
the necessary arrangements have been made, the Manager of Development
Review's signature will be endorsed on the plan and it will be forwarded to the
Registry Office for registration.
purposes:
One (1) original mylar
Three (3) mylar copies
Four (4) white paper prints
One (1) AutoCAD (.dwg) file
2 - 24
DSD-18-040 Appendix B
AMENDMENT NO. ____TO THE OFFICIALPLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
1054 and 1070 Hidden Valley Road
Part of Lots 3 and 4, RCP 1519
Draft Plan of Subdivision Application 30T-11204
1
2 - 25
DSD-18-040 Appendix B
AMENDMENT NO. ___ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
1054 and 1070 Hidden Valley Road
Part of Lots 3 and 4, RCP 1519
Draft Plan of Subdivision Application 30T-11204
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 August 13, 2018
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee August 13, 2018
APPENDIX 3 Minutes of the Meeting of City Council August 27, 2018
2 - 26
DSD-18-040 Appendix B
AMENDMENT NO. ___ 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 2PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to add a new site-specific policy within Specific Policy
Area 2 (Hidden Valley) to permit all lots fronting onto Hidden Valley Road which are connected to a
municipal wastewater system and which are within Draft Plan of Subdivision Application 30T-11204,
to have a minimum lot width of approximately 24.0 metres and a minimum lot area of approximately
929 square metres.
SECTION 3 BASIS OF THE AMENDMENT
The subject lands are designated Low Rise Residential with Specific Policy Area 2 in the 2014
Official Plan. These policies state that where a municipally-provided wastewater collection
system is available, only single detached and duplex dwellings are permitted, to a maximum net
residential density of 4 units per hectare. Any such development must be compatible with the
estate lots in the Hidden Valley Residential Community. Additionally, all lots fronting onto Hidden
Valley Road must have a minimum lot width of approximately 30 metres and comprise
approximately 0.4 hectares (4,000 square metres) in lot area.
Three lots proposed through Draft Plan of Subdivision 30T-11204 do not conform to minimum lot
area and/or lot width policy requirements for lots fronting Hidden Valley Road:
Lot 1:
o Hidden Valley Road frontage: >30.0m (conforms; no relief necessary)
o Lot Area: 1,347 square metres (does not conform; amendment necessary)
Lot 8:
o Hidden Valley Road frontage: 27.3m (does not conform; amendment necessary)
o Lot Area: 1,058 square metres (does not conform; amendment necessary)
Lot 9:
o Hidden Valley Road frontage: 24.0m (does not conform; amendment necessary)
o Lot Area: 999 square metres (does not conform; amendment necessary)
The applicant is requesting an Official Plan Amendment to add new site-specific policy
15.D.12.2.a)iv) within Specific Policy Area 2 (Hidden Valley). Specific Policy Area 2 applies to
the whole of the Hidden Valley Community. However, wording within the requested new specific
policy would ensure that only lots within Draft Plan of Subdivision 30T-11204 and which front onto
Hidden Valley Road are affected (i.e., the three above noted lots).
The proposed amendment would facilitate the above noted subdivision and is consistent with
associated Zone Change Application ZC11/13/H/AP.
Planning staff is of the opinion that the amendment would allow development that is compatible
with the estate lots in the Hidden Valley Residential Community. Additionally, all lots would be on
3
2 - 27
DSD-18-040 Appendix B
full municipal services and would achieve a density of 3.8 units per hectare, which is conformity
with other policies within Specific Policy Area 2.
The amendment as proposed herein is consistent with the objectives of the Provincial Policy
Statement and Places to Grow - 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. Furthermore, 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:
a) Part D, Section 15.D.12.2.a) is amended by adding section 15.D.12.2.a) iv):
15.D.12.2 a) iv) Notwithstanding Policy 15.D.12.2.a)iii), on lands municipally
addressed as 1054 and 1070 Hidden Valley Road, described as
Part of Lots 3 and 4, RCP 1519, and subject to Draft Plan of
Subdivision 30T-11204, all lots fronting onto Hidden Valley Road
and having a connection to a municipally-provided wastewater
collection system, will have a minimum lot width of approximately
24 metres and a minimum lot area of approximately 929 square
metres.
4
2 - 28
DSD-18-040 Appendix B
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of August 13, 2018
Advertised in The Record on July 20, 2018
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT
UNDER SECTIONS 17, 22, 34, AND 51 OF THE PLANNING ACT
1054&1070 Hidden Valley Road
The City of Kitchener has received applications for Draft Plan of Subdivision, Official Plan Amendment, and Zoning By-law
Amendment to permit the lands to be developed with a 9-lot, low rise residential subdivision on municipal services. The
lands are proposed to be rezoned to R-2. A special regulation provision for lot width is proposed for one lot.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, AUGUST 13, 2018 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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
this proposal, the person or public body is notentitled 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
th
calendar, scroll down & select meeting), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener
between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Andrew Pinnell, Planner - 519-741-2200 ext. 7668 (TTY: 1-866-969-9994); andrew.pinnell@kitchener.ca
5
2 - 29
DSD-18-040 Appendix B
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee August 13, 2018
6
2 - 30
DSD-18-040 Appendix B
APPENDIX 3 Minutes of the Meeting of City Council August 27, 2018
7
2 - 31
2 - 32
2 - 33
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DSD-18-040 - Appendix D
Advertised in The Record on July 20, 2018
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW
UNDER SECTIONS 17, 22, 34, AND 51 OF THE PLANNING ACT
1054&1070 Hidden Valley Road
The City of Kitchener has received applications for Draft Plan of Subdivision, Official Plan Amendment & Zoning By-law
Amendment to permit the lands to be developed with a 9-lot, low rise residential subdivision on municipal services. The
lands are proposed to be rezoned to R-2. A special regulation provision for lot width is proposed for one lot.
The public meeting will be held by the Planning & Strategic InitiativesCommittee, a Committee of Council which deals
with planning matters, on:
MONDAY, AUGUST 13,2018at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 this 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
th
calendar, scroll down & select meeting), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West,
Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Andrew Pinnell, Planner - 519-741-2200 ext. 7668 (TTY: 1-866-969-9994); andrew.pinnell@kitchener.ca
2 - 35
DSD-18-040 - Appendix E
2 - 36
DSD-18-040 - Appendix E
2 - 37
DSD-18-040 - Appendix F
2 - 38
DSD-18-040 - Appendix F
2 - 39
DSD-18-040 - Appendix F
2 - 40
DSD-18-040 - Appendix F
2 - 41
DSD-18-040 - Appendix F
2 - 42
DSD-18-040 - Appendix F
2 - 43
DSD-18-040 - Appendix F
2 - 44
DSD-18-040 - Appendix F
2 - 45
DSD-18-040 - Appendix F
2 - 46
DSD-18-040 - Appendix F
2 - 47
DSD-18-040 - Appendix F
2 - 48
DSD-18-040 - Appendix F
2 - 49
DSD-18-040 - Appendix F
2 - 50
DSD-18-040 - Appendix F
2 - 51
DSD-18-040 - Appendix F
2 - 52
DSD-18-040 - Appendix G
2 - 53
DSD-18-040 - Appendix G
2 - 54