HomeMy WebLinkAboutDTS-05-192 - Plan of Subdivision 30T-04205 - ZCA04/25/H/BB - 591 Huron Rd
Report To:
Date of Meeti ng :
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Development and Technical Services Committee
January 9, 2006
Jeff Willmer, Director of Planning (741-2325)
Brian Bateman, Planning Technician (741-2869)
Ward 4
December 20,2005
DTS 05 -192
Plan of Subdivision 30T -04205
Zone Change Application 04/25/H/BB
Activa Holdings Inc.
591 Huron Road
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EXECUTIVE SUMMARY:
The City of Kitchener has received a Draft Plan of Subdivision application for a 2.8
hectare property located at 591 Huron Road, known as the Law Property, west of
Strasburg Road. This plan of subdivision is considered a piece of the Huron Village
community.
The plan, as shown on the attachment, is comprised of seven blocks for residential
development with Blocks 1, 2, 3, 6 and 7 having street frontage onto Featherstone
Crescent. Featherstone Crescent will connect to Featherstone Street proposed on the
adjacent Huron Village Draft Plan. Blocks 4 and 5 will have street frontage onto
Parkvale Avenue also part of the Huron Village Draft Plan. Blocks 6, and 7 will be back-
lotted or side-lotted onto Huron Road. A total ranging between 32 to 61 units are
proposed.
The subject lands are presently zoned Residential Three (R-3) with a holding provision
for roads and servicing. The applicant is proposing to rezone Blocks 1, 2 and 6 to R-4
with special regulation 405R to regulate garage width and projection; Block 3 to R-4;
Blocks 4 and 5 to R-3 with special regulation provision 403R to permit 11 metre lot
widths and Block 7 to R-6.
RECOMMENDATION:
A. That Zone Change Application ZC 04/25/H/BB requesting a change in zoning from
Residential Three (R-3) to: Residential Three (R-3) with Special Regulation provision
403R, Residential Four (R-4), Residential Six (R-6) and Residential Four (R-4) with Special
Regulation 405R on lands legally described as Lot 3, Registrar's Compiled Plan 1382, in
the City of Kitchener, be approved in the form shown in the attached "Proposed By-law",
dated December 1 , 2005, without conditions.
B. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of
Subdivision Application 30T-04205, in the City of Kitchener, for Activa Holdings Inc., subject
to the following conditions:
1 . That this approval applies to Plan of Subdivision 30T -04205 as shown on the plan prepared
by MacNaughton Hermsen Britton Clarkson Planning Limited last revised November 3,
2004 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener
dated January 19, 2005, which shows the following:
Blocks 1 -7
Block 8
Blocks 9
Blocks 10, 11
Block 12
Residential - singles ,semis, townhouses (max.61 units)
Walkway
Future Development
Landscape Buffer
Road Widening
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Total
61 units
2. CITY OF KITCHENER CONDITIONS:
2.1 That the SUBDIVIDER shall enter into a City Standard Residential Subdivision
Agreement, as approved by City Council, respecting those lands shown outlined on the
attached Plan of Subdivision dated January 19, 2005 and which shall contain the
following revised and additional conditions:
Part 2 - Prior to Area Gradina
2.1 The SUBDIVIDER shall prepare an Area Grading, Erosion and Siltation Control
Plan, including the recommended approach to phased grading, if required to
prevent downgradient sedimentation, to the satisfaction of the CITY's Director of
Engineering.
Part 3 - Prior to Servicina
3.1 The SUBDIVIDER shall prepare a detailed engineering design for storm water
management, including monitoring as described in the scoped Environmental
Impact Report and General Vegetation Overview, Ecoplans Limited dated
December 2000 and correspondence dated March 24, 2003, and obtain approval
thereof, from the CITY's Director of Engineering, in consultation with the CITY'S
General Manager of Community Services and those applicable regulatory bodies
determined by the CITY's Director of Engineering at the time of draft approval
Part 6 - Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Featherstone Street, Huron Road and
Fischer Hallman Road only and prohibited from using other internal residential
streets in the community. The SUBDIVIDER agrees to advise all relevant
contractors, builders and other persons of this requirement with the
SUBDIVIDER being responsible for any required signage, all to the satisfaction
of the CITY'S Director of Engineering.
6.11 The SUBDIVIDER agrees that prior to the registration of the plan, or at the
discretion of the Director of Engineering, the Environmental Assessment be
completed to determine the design requirements for the Flood Control Structure
(weir) required for Block 29 (Stage 3), 30T-01201 and be constructed to the
satisfaction of the CITY's Director of Engineering. It is acknowledged that these
works, including design expenses, are included in the City's Development
Charge By-law 99-1 06, as amended, and the City shall be responsible for 1 000/0
of the cost of these works.
If sufficient money is not allocated from the appropriate City Development
Charge Account(s) to permit the City to fund these works and the Subdivider
wishes to proceed, the Subdivider agrees to provide and up-front the cost of
these works.
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Accordingly, the City agrees to recognize any monies paid by the Subdivider for
any works or services normally paid out of the City's Development Charge
Account, with such monies representing a credit towards any City Development
Charge payable for each lot or block only within the registered plan. Said credit
shall be granted for that portion of the applicable Development Charge with
respect to the engineering services required to be paid prior to the issuance of
building permits for those lots or blocks identified by the Subdivider and included
in the Supplementary Agreement with the City to be registered against the title of
each identified lot or block.
If the registration of the plan is staged, a Supplementary Agreement identifying
each lot or block for which credits are payable shall be registered for each stage
prior to the registration of each stage of the plan of subdivision, until there is no
outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will
be paid in the normal manner in accordance with the City's By-law.
If, following the registration of the entire plan of subdivision and issuance of all
building permits, there is any outstanding balance, it shall remain with the lands
to be used as a credit for future development, or alternatively, the City shall enter
into an agreement with the Subdivider, under Section 40 of the Development
Charges Act, to enable the transfer of Development Charge credits to other
benefiting lands within the community, subject to satisfactory arrangements being
made between all parties.
6.12 The SUBDIVIDER agrees that if the existing private water supply is disrupted to
properties located adjacent to the plan on Huron Road, within two years of the
completion and acceptance of underground services for the entire subdivision, as
a result of the development of the subdivision, it shall provide at its cost a water
supply to the satisfaction of the CITY's Director of Engineering.
6.13 The SUBDIVIDER agrees to make satisfactory financial arrangements for the
construction of a 1.5 metre concrete sidewalk along the entire Huron Road
frontage of the property to the satisfaction of the CITY's Director of Engineering.
6.14 The SUBDIVIDER agrees that the required landscape buffer blocks, Blocks 10
and 11 shall be developed at the SUBDIVIDER'S cost in accordance with the
approved plans and shall be installed prior to the transfer of title of abutting lots
to the first time occupants, or in the event of winter conditions shall be installed
by June 1 immediately following such transfer of title.
6.15 Prior to occupancy of the first unit, the SUBDIVIDER shall determine the
locations of all centralized mail receiving facilities to the satisfaction of Canada
Post, in consultation with the City's Directors of Engineering and Planning. If
required, the SUBDIVIDER shall provide temporary suitable centralized mail box
locations that may be utilized by Canada Post until the curbs, boulevards and
sidewalks are constructed for the plan of subdivision.
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6.16 The SUBDIVIDER agrees to undertake any measures required to ensure proper
water pressure to all lots and blocks within the proposed development, to the
satisfaction of the CITY'S Director of Engineering or Chief Building Official.
6.17 a) The SUBDIVIDER agrees that no building permits shall be applied for on any
lot or block in any phase of the subdivision until satisfactory arrangements are
made with the CITY'S Chief Building Official to install and maintain a direct-to-fire
alarm monitoring system for each and every dwelling to be constructed within this
subdivision. Satisfactory arrangements shall be the submission of drawings
showing the hardwiring in each dwelling.
b) No occupancy of each dwelling shall be permitted until the CITY'S Chief
Building Official has confirmed that such system is operational.
c) Such system shall remain operational in perpetuity as a responsibility of the
homeowner and this condition shall not be released from title unless and until
the CITY'S Solicitor is notified by the CITY'S Fire Chief that adequate
protection is otherwise provided and the maintenance of the system is no
longer mandatory.
d) Such system shall not be required if a new fire station is developed in this
area prior to issuance of building permits, subject to the approval of the
CITY's Fire Chief.
6.18 That the SUBDIVIDER agrees that sanitary and water servicing for this plan will
be extended through Stage 15 of Plan 30T-01201. Therefore, registration can
occur either concurrently with or subsequent to the registration of Stage 15, 30T-
01201.
6.20 The SUBDIVIDER agrees that prior to the registration of the plan, or at the
discretion of the CITY's Director of Engineering, the Environmental Assessment
for Huron Road be completed and all works, including bicycle lanes as per the
City of Kitchener Bikeway Study April 1998, be completed to the satisfaction of
the CITY's Director of Engineering. Alternatively, if the SUBDIVIDER submits a
study/analysis that demonstrates that the road improvements associated with the
EA are not warranted to the satisfaction of the Director of Engineering, the plan
may proceed to registration upon clearance from the Director of Engineering.
It is acknowledged that these works, including design expenses, are included in
the City's Development Charge By-law 99-1 06, as amended, and the City shall
be responsible for 1 000/0 of the cost of these works.
If sufficient money is not allocated from the appropriate City Development
Charge Account(s) to permit the City to fund these works and the Subdivider
wishes to proceed, the Subdivider agrees to provide and up-front the cost of
these works.
Accordingly, the City agrees to recognize any monies paid by the Subdivider for
any works or services normally paid out of the City's Development Charge
Account, with such monies representing a credit towards any City Development
Charge payable for each lot or block only within the registered plan. Said credit
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shall be granted for that portion of the applicable Development Charge with
respect to the engineering services required to be paid prior to the issuance of
building permits for those lots or blocks identified by the Subdivider and included
in the Supplementary Agreement with the City to be registered against the title of
each identified lot or block.
If the registration of the plan is staged, a Supplementary Agreement identifying
each lot or block for which credits are payable shall be registered for each stage
prior to the registration of each stage of the plan of subdivision, until there is no
outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will
be paid in the normal manner in accordance with the City's By-law.
If, following the registration of the entire plan of subdivision and issuance of all
building permits, there is any outstanding balance, it shall remain with the lands
to be used as a credit for future development, or alternatively, the City shall enter
into an agreement with the Subdivider, under Section 40 of the Development
Charges Act, to enable the transfer of Development Charge credits to other
benefiting lands within the community, subject to satisfactory arrangements being
made between all parties.
6.21 The SUBDIVIDER agrees that no building permit shall be issued for Planning
and/or Engineering reasons for Future Development Block 9 until approval has
been given by the CITY's Director of Planning and the CITY's Director of
Engineering.
2.1 That, prior to 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 agrees that the Environmental Assessment and all required works for
the construction of the flood control facility in Block 29, Stage 3, 30T-01201 be
completed prior to registration of this plan to the satisfaction of the CITY's Director of
Engineering.
3. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to final
approval of the plan, a Detailed Vegetation Plan is to be submitted to and approved by
the CITY's Director of Planning. The Detailed Vegetation Plan shall also show approved
grading. The SUBDIVIDER agrees to implement all of the measures identified in the
approved Detailed Vegetation Plan including delivering all information contained in the
approved Detailed Vegetation Plan to prospective purchasers to ensure that the
requirements are carried out as specified.
4. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S
Director of Planning and shall obtain approval therefrom.
5. The final plan for registration shall show all lots intended for development as single
detached, semi detached or townhouse dwellings and a City Standard Supplementary
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Residential Subdivision Agreement showing such lotting shall be registered prior to the
registration of the plan. This condition shall not apply if the plan is to be registered prior
to the approval of servicing plans. The final lotting plan shall also include an on-street
parking plan showing a minimum of one on-street parking spot for every two houses,
provided within the same block, where possible, to the satisfaction of the CITY's Director
of Planning.
6. 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.
7 The SUBDIVIDER shall install within the subdivision any required geodetic monuments
under the direction of the CITY'S Director of Engineering, with co-ordinate values and
elevations thereon and submit for registration the plans showing the location of the
monuments, their co-ordinate values, elevations and code numbers as prescribed by the
Surveyor General of Ontario.
8 The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for
the provision of permanent electrical services to the subdivision and/or the relocation of
the existing services. Further, the SUBDIVIDER acknowledges that this may include the
payment of all costs associated with the provision of temporary services and the removal
of such services when permanent installations are possible.
9 The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent
telephone services to the subdivision and/or the relocation of the existing services.
Further, the SUBDIVIDER acknowledges that this may include the payment of all costs
associated with the provision of temporary services and the removal of such services
when permanent installations are possible.
10 The SUBDIVIDER shall make arrangements for the granting of any easements required
for utilities and municipal services. The SUBDIVIDER agrees to comply with the
following easement procedure:
a) to provide copies of the subdivision plan proposed for registration and reference
plan(s) showing the easements to HYDRO, and telephone companies and the
City, to the CITY'S Director of Planning.
b) to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the CITY'S Director of
Engineering Services for municipal services;
c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/Enhancement Plan;
d) if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the CITY, the SUBDIVIDER shall obtain prior written
approval from the CITY'S Director of Planning or, in the case of parkland, the
CITY'S General Manager of Community Services; and
e) to provide to the CITY'S Director of Planning, a clearance letter from each of
HYDRO and telephone companies. Such letter shall state that the respective
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utility company has received all required grants of easement, or alternatively, no
easements are required.
11. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to
the CITY by the registration of the Plan of Subdivision.
12. The SUBDIVIDER shall amend the existing subdivision billboard sign for 30T-01201 to
include the subject lands, in accordance with a plan approved by the CITY'S Director
of Planning, in accordance with the following criteria:
a) Graphics shall depict the features within the limits of the subdivision including,
without limiting the generality of the foregoing, approved street layout, including
emergency access roads, zoning, lotting and specific land uses, types of parks,
storm water management areas, hydro corridors, trail links and walkways,
potential or planned transit routes and bus stop locations, notification regarding
contacts for school sites, noise attenuation measures, environmentally sensitive
areas, tree protection areas, special buffer/landscaping areas, water courses,
flood plain areas, railway lines and hazard areas and shall also make general
reference to land uses on adjacent lands including references to any formal
development applications, all to the satisfaction of the CITY'S Director of
Planning;
b) The SUBDIVIDER shall ensure that the information is current as of the date the
sign is erected. Notice shall be posted on the subdivision billboard signs advising
that information may not be current and to obtain updated information, inquiries
should be made at the CITY'S Department of Development and Technical
Services.
13. The SUBDIVIDER shall satisfy the total 50/0 parkland dedication for the entire
subdivision by a cash-in-Iieu contribution for 50/0 of the value of the all the lands within
the subdivision, with the value of the land determined as of the day before the day of
draft approval.
14. The SUBDIVIDER agrees that the streets shall be named Featherstone Street and
Featherstone Crescent.
15. 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 have been satisfied.
16. The SUBDIVIDER shall obtain approval of plans/drawings from the CITY'S Director of
Planning showing a planting plan for the Landscape Buffer Blocks 1 0 and 11 prior to
the registration of the plan.
17. To convey to the CITY the following lands for the purposes stated therein, at no cost
and free of encumbrance, concurrently with the registration of the plan of subdivision:
a) Blocks 1 0 and 11 for a landscape buffer
b) Block 12 for a road widening.
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18. The SUBDIVIDER agrees that the Environmental Assessment for Huron Road be
completed prior to registration to the satisfaction of the Director of Engineering and in
accordance with the wording of condition 6.20.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That the Subdivider satisfies the following conditions to the satisfaction of the Regional
Municipality of Waterloo Commissioner of Planning, Housing and Community Services:
1. That the plan submitted for final approval may incorporate a lot pattern for all blocks in
which single detached and semi-detached lots are permitted, at a density not exceeding
the density identified in the draft approval conditions.
2.
a)
That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any agreement
for the installation of underground services, whichever occurs first. Where the
owner has already entered into an agreement for the installation of underground
servicing with the area municipality, such agreement shall be amended to
provide for a Regional Agreement for Servicing prior to registration of any part of
the plan. The Regional Commissioner of Transportation and Environmental
Services shall advise prior to an Agreement for Servicing that sufficient water
supplies and wastewater treatment capacity is available for this plan, or the
portion of the plan to be registered.
b) That the owner include the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the
Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or
purchase and sale are not yet registered as a plan of subdivision. The fulfilment
of all conditions of draft plan approval, including the commitment of water supply
and sewage treatment services thereto by the Region and other authorities, has
not yet been completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no representation or
warranty that the lot, lots, block or blocks which are the subject of this agreement
or lease or purchase and sale will have all conditions of draft plan approval
satisfied, including the availability of servicing, until the plan is registered. "
3. That the subdivision agreement be registered by the City of Kitchener against the land to
which it applies and a copy of the registered agreement be forwarded to the Regional
Commissioner of Planning, Housing and Community Services prior to final approval of
the subdivision plan.
4. That prior to final approval the owner satisfy the requirements of Grand River Transit,
relating to the operation of bus service within the plan, to the satisfaction of the Regional
Commissioner of Planning, Housing and Community Services.
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5. That prior to any grading or construction, and final approval of all or any part of the draft
plan of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey
and Rescue Excavation of any significant archaeological remains found on the site, at
the expense of the owner.
6. That prior to the final approval of Block 5, 6 and 7, the owner prepare an updated Noise
Study to the satisfaction of the Regional Municipality of Waterloo showing methods used
to abate noise levels for Blocks 5, 6 and 7 and if necessary, shall enter into an
Agreement with the City of Kitchener to provide for implementation of the approved
noise study attenuation measures.
4. OTHER AGENCY CONDITIONS
None are required
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the City's Director of Planning, the Director
shall be advised by the Regional Commissioner of Planning, Housing and Community
Services Conditions 3.1 to 3.6 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 City's Director of Planning, the Director
shall be advised by the telephone company that Condition 2.1.8 has been carried out
satisfactorily. The clearance letter should contain a brief statement as to how the
conditions were satisfied.
3. That prior to the signing of the final plan by the City's Director of Planning, the Director
shall be advised by Kitchener Wilmot Hydro that Condition 2.1.9 has been carried out
satisfactorily. The clearance letter should contain a brief statement as to how the
conditions were satisfied.
6. NOTES
Development Charges
1. The owner/developer is advised that the provisions of the Development Charge By-law
of the City of Kitchener and the Regional Municipality (RDC By-law 04-049) are
applicable.
Registry Act
2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as
amended, under The Registry Act.
Updated Information
3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Planning Services Department of any changes in
ownership, agent, address and phone number.
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Agreement
4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an
agreement. The onus is on the owner to contact Regional staff in writing to request the
preparation of such an agreement. A copy of a reference plan showing the lands to be
registered that are affected by the agreement and the conditions to be covered by the
agreement should be provided. The fees for the preparation and registration of this
agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and
$50.00 respectively.
Fees
5. The owner/developer is advised that the City of Kitchener and the Regional Municipality
of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O.
1990 c. P .13, to prescribe a tariff of fees for application, recirculation, draft approval,
modification to draft approval and registration release of plans of subdivision.
Hydro Transmission Lines
6. The transmission lines abutting this subdivision operate at either 500,000 or 230,000
volts. Section 186 - Proximity - of the Regulations for Construction Projects in the
Occupational Health and Safety Act, require that no object be brought closer than 6
metres (20 feet) to the energized 500kV conductor. The distance for a 230kV conductor
is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all
personnel on site aware, that all equipment and personnel must come no closer than the
distance specified in the Act. They should also be aware that the conductors could raise
and lower without warning depending on the electrical demand placed on the line.
Approvals for Servicing Systems
7. The proposed water distribution system meets the definition of a "water works" as
defined in the Ontario Water Resources Act. Prior to the construction of the proposed
water supply system. The proponent must ensure that the application for approval of
water works, and appropriate supporting information, is submitted to the Ministry of the
Environment for approval.
Stormwater Management
8. The proposed stormwater management system meets the definition of a "sewage works"
as defined in the Ontario Water Resources Act. Therefore, approval of the Director must
be obtained under Section 53 of the Ontario Water Resources Act prior to the
construction of the proposed stormwater management system. The proponent must
ensure that the application for approval of sewage works, and appropriate supporting
information, is submitted to the Ministry of the Environment for approval.
Sewage System
9. The proposed sanitary sewage collection system meets the definition of a "sewage
works' as defined in the Ontario Water Resources Act. Therefore, approval of the
Director must be obtained under section 53 of the Ontario Water Resources Act prior to
the construction of the proposed sanitary sewage collection system. The proponent
must ensure that the application for approval of sewage works, and appropriate
supporting information, is submitted to the Ministry of the Environment for approval.
Planning Act Applicability
1 O. This draft plan was received on December 22, 2004 and shall be processed and finally
disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended as of that date.
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Regional Servicing Agreement
11. The owner/developer is advised that draft approval is not a commitment by The Regional
Municipality of Waterloo to water and wastewater servicing capacity. To secure this
commitment the owner/developer must enter into an "Agreement for Servicing" with The
Regional Municipality of Waterloo by requesting that the Region's Planning and Culture
Department initiate preparation of the agreement. When sufficient capacity is confirmed
by the Region's Commissioner of Engineering to service the density as defined by the
plan to be registered, the owner/developer will be offered an "Agreement for Servicing".
This agreement will be time limited, define the servicing commitment by density and use.
Should the "Agreement for Servicing" expire prior to plan registration, a new agreement
will be required.
The owner/developer is to provide the Regional Municipality of Waterloo with two print
copies of the proposed plan to be registered along with the written request for a
servicing agreement.
Registration Release
12. To ensure that a Regional Release is issued by the Regional Commissioner of Planning
and Culture 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 can not 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.
Final Plans - Subdivision
13. When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener. If
the plans comply with the terms of approval, and we have received an assurance from
the Regional Municipality of Waterloo and applicable clearance agencies that the
necessary arrangements have been made, the signature of the CITY's Director of
Planning will be endorsed on the plan and it will be forwarded to the Registry Office for
reg istration.
The following is required for registration and under The Registry Act and for our use:
One
Four
Four
(1 )
(4)
(4)
original mylar
mylar copies
white paper prints
REPORT:
Description
Activa Holdings Inc. is proposing a Plan of Subdivision 30T-04205, which is approximately 2.8
hectares in size, on lands located on the north side of Huron Road, between Fischer Hallman
Road and Strasburg Creek. The lands subject to draft approval are situated within the Huron
Community and form part of the Huron Village subdivision. The plan is comprised of seven
blocks for residential development to be implemented through the attached zoning by-law.
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Desian
The plan is essentially an extension to larger Huron Village plan that received draft approval
from Council in 2003. The main component of this plan is the connection of Featherstone Street
to Huron Road as well as the completion of Featherstone Crescent. Extra lot depth and a
landscaping strip will promote and continue an attractive streetscape along Huron Road. Noise
attenuation may also be required. The draft plan will place an emphasis on protection of the
adjacent Strasburg Creek and wetland. Storm water management will be handled through
Block 29, Stage 3 of 30T -01201 for quality control. This will be accommodated through a weir
planned on the north side of Huron Road. The Monitoring program established for the Huron
Village plan also took into account these lands.
An on-street parking plan is required showing a minimum of one space per two houses.
Municipal Plan
The City of Kitchener Municipal Plan designates the majority of the subject property as "Low
Rise Residential" which recognizes a range of housing types, and encourages a mix of non-
residential uses, such as convenience commercial and educational establishments, at a scale
and in locations appropriate for low rise housing. As such, the plan for residential development
is in conformity with the Municipal Plan.
Community Plan
The Huron Community Plan was adopted by Council on November 7, 1994. According to the
land Use map of this plan, the subject lands are designated "Low Density Residential". The
proposed plan of single detached, semi detached and townhomes is in conformity with the uses
permitted and allowable net density of 25 units/hectare.
Zonina
The subject lands are proposed to be rezoned from residential to residential with special
regulations. Details of the zoning are in the attached by-law.
Strasbura Creek Sanitary Trunk Sewer
The proposed subdivision will be serviced by the Middle Strasburg Creek Sanitary Trunk Sewer.
It will be extended through stage 15 of 30T-01201.
Flood Control Structure/Weir
The Strasburg Creek Master Watershed Plan identified an on-line flood control facility on
Strasburg Creek upstream of Huron Road as the preferred solution to meet flood control
requirements in the watershed. An Environmental Assessment is required to determine design
and construction requirements for the weir. A condition of draft approval requires the EA to be
completed and the weir constructed prior to registration of the plan. The developer will be
required to front end these requirements if the work precedes the City's budget timing for this
project and a condition of draft approval addresses this.
13
Huron Road Improvements
An Environmental Assessment is required to identify improvements to Huron Road between
Fischer Hallman and Strasburg Road. The EA will have to be completed prior to registration of
this plan. The developer will be required to front end the study and required road improvements
if development is to proceed prior to the City's budget timing for this project. This is addressed
through a draft approval condition.
Traffic Improvements/Studies
As part of the approval of the Huron Village plan a Traffic Impact Analysis was prepared which
identified improvements to Huron Road between Fischer Hallman Road and Strasburg Road.
This plan will follow the recommendations put forth.
Parks
The parkland dedication will be addressed through cash-in-Iieu.
Environmental Issues
A number of studies have been completed to ensure that future development in the Strasburg
Creek watershed will not negatively impact the natural watercourse features and allow for the
enhancement of the watercourse, stream margins and wetlands. The Strasburg Creek Master
Watershed Study was completed to establish water quantity and quality targets for future
development in the watershed. The Middle Strasburg Creek Comprehensive Environmental
Impact Statement was subsequently undertaken to delineate the developable/non-developable
limit of lands on the west side of Strasburg Creek between Huron Road and Fischer Hallman
Road.
A Scoped Environmental Impact Report was prepared as part of the submission of the Huron
Village plan, which included the subject lands, and was reviewed by appropriate agencies and
City staff to ensure development of these lands can also occur while protecting the
environmental features associated with Strasburg Creek and the Huron Natural Area. As such,
the GRCA has expressed no concerns and the only requirement is the submission of a Detailed
Vegetation Plan.
Comments from Neiahbourhood Circulation
There were no comments received from the public with respect to the circulation of the plan.
FINANCIAL IMPLICATIONS:
The City is responsible for the costs of the construction of the Middle Strasburg Trunk Sanitary
Sewer, Environmental Assessment and construction of the flood control facility, and
Environmental Assessment and improvements to Huron Road. All of these items are
Development Charge items and are included in the 10 Year Capital Forecast. Conditions of
draft approval provide the applicant the ability to front end the cost of these projects and be
reimbursed by development charge credits.
14
There will be immediate and ongoing Operations costs for the maintenance of the noise wall,
streets, walkways and underground services. In the long term, there will be repair and
replacement costs for all of the foregoing.
COMMUNICATION:
Aaencv and Department Circulation
This plan was circulated to all required agencies and city departments. The comments received
have either been addressed or included as conditions of draft approval.
Neiahbourhood Circulation
The plan was circulated to all property owners within 120 metres of the subject lands as per
Planning Act requirements. No letters of objection were received.
CONCLUSION:
Plan of Subdivision 30T -04205 proposes a range of dwelling types and overall density of
development that is in conformity with the Regional Official Policies Plan, the City of Kitchener
Municipal Plan and the Huron Community Plan. Environmental issues associated with the
design of this plan have been addressed through the objectives of the approved Strasburg
Creek Master Watershed Plan and the Middle Strasburg Creek Comprehensive EIS. All other
issues identified by City departments or external agencies relating to the design of the plan have
been addressed or are included as conditions of draft approval. As such, City staff recommend
approval of the Draft Plan and Zone Change Applications.
Brian Bateman, BA
Planning Technician
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments
Plan of Subdivision 30T -04205
Proposed Zoning By-law
Newspaper Advertisement
Appendix A - Department/Agency Comments
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PROPOSED BY-LAW
(Activa Holdings Inc. - 30T-04205)
December 1, 2005
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, known as the Zoning By-law)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of The Corporation of the City of
Kitchener enacts as follows:
1. Schedule Nos. 152 and 153 Appendix 'A' of By-law 85-1 are hereby amended by
designating as Residential Three (R-3) with Special Regulation Provision 403R,
Residential Four (R-4), Residential Four (R-4) with Special Regulation Provision
405R and Residential Six (R-6), according to By-law 85-1, instead of Residential
Three (R-3) with Holding Provision 17HSR on lands legally described as Lot 3,
Registrar's Compiled Plan No. 1382, for the City of Kitchener. These lands are
shown on Map No.1 attached hereto.
2. Schedule Nos. 152 and 153 of Appendix 'A' of By-law 85-1 are hereby further
amended by incorporating additional zone boundaries as shown on Map No.1
attached hereto.
3. Appendix 'D' of By-law 85-1 is hereby amended by replacing 405 and adding
thereto the following new subsections:
405 Notwithstanding Sections 38.2.1 and 5.5A.3 of this by-law within lands zoned
Residential Four Zone (R-4) on Schedules 108, 109, 110, 152 and 153 of
Appendix 'A', as affected by this subsection:
a) the maximum width of a garage, measured from outside walls, shall be
50% of the lot width for lots that are a minimum of 11 metres in width;
b) a garage shall not extend in front of the ground floor habitable portion of the
dwelling more than 1.8 metres, and in no case shall a garage be closer to the
street line than either the habitable portion of the dwelling or the porch or
verandah for lots that are a minimum of 11 metres in width.
PASSED at Council Chambers in the City of Kitchener this
2003.
day of
, A.D.
Mayor
Clerk
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