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HomeMy WebLinkAboutDSD-18-040 - Draft Plan of Subdivision - 30T-11204 - OP18-001-H-AP - ZC11-13-H-AP - 1054 and 1070 Hidden Valley Rd - 1232118 Ontario Inc.2 - 1 2 - 2 Policy Conformity Provincial Policy Statement, 2014 Growth Plan for the Greater Golden Horseshoe, 2017 2 - 3 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. 2 - 4 Hidden Valley Residential Community Plan Proposed Zone Change Application 2 - 5 Proposed Draft Plan of Subdivision Application Subdivision Characteristics Servicing Proposed Cul-de-Sac George Shouftas Place 2 - 6 George Shouftas Place Noise Warning Clauses Road Widening Demolition of Single Detached Dwelling Design Guidelines and Planting Plan Hidden Valley Road Improvements 2 - 7 Parkland Dedication Department and Agency Comments Community Comments 2 - 8 2 - 9 2 - 10 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 2 - 11 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 2 - 12 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 2 - 34 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