HomeMy WebLinkAboutDTS-05-195 - ZC05/02/G/BS - Modified to Draft Approval Plan of Subdivision 30T-88015 - 1094 Glasgow St
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Development &
Technical Services
Report To:
Date of Meeting:
Development and Technical Services Committee
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
December 5, 2005
JeffWillmer, Director of Planning (741-2325)
Brandon Sloan, Planner (741-2648)
Ward 6
November 22, 2005
DTS-05-195
Zone Change ZC 05/02/G/BS
Modification to Draft Approved Plan of Subdivision
30T -88015
1094 Glasgow Street - Glasgow Heights
Lotco Limited
RECOMMENDATION:
That the recommendations for the modification to plan of subdivision 30T -88015 (*as amended
by staff) and zone change ZC 05/02/G/BS as contained in Appendix A to report DTS-05-195-PL
be approved.
EXECUTIVE SUMMARY:
Lotco Limited is proposing to modify Plan of Subdivision 30T-88015 Stage 2, which is located at
1094 Glasgow St. (the section of Glasgow Street west of Resurrection Secondary School). The
subject property is 1.354 hectares in size and the applicant is proposing 20 single detached
dwellings, 2 blocks for parkland additions and 1 block for a future single detached dwelling. The
subdivision modification and associated zone change are a result of there no longer being a
requirement for a stormwater management pond within this subdivision.
REPORT:
The subject lands are located on the south side of University Avenue along the portion of
existing Glasgow Street that is west of Resurrection Secondary School and currently ends at the
former Stolzlawn Farm. The site is approximately 1.35 hectares in size and is Stage 2 of a plan
of subdivision that was draft approved February 2, 1996. Stage 1, that included 7 single
detached lots fronting Glasgow Street, has been registered and the dwellings have been
constructed. A new owner has acquired the lands and is proposing a modification to the draft
approved subdivision along with an associated zone change application.
Subdivision Design and Layout
The proposed modifications to Stage 2 would facilitate the development of 20 single detached
dwellings, one future development block for a single detached dwelling and two blocks as
additions to a neighbourhood park. As shown on the attached plan of subdivision (and reflected
in the original draft approval), existing Glasgow Street would be closed at University Avenue
and converted into a cul-de-sac to be renamed 'Countrystone Place'. A new street would be
built from existing Glasgow Street north to intersect with University Avenue opposite Portsmouth
Gate (in Waterloo). The new street and the remaining portion of Glasgow Street would be
renamed 'Countrystone Drive'. This collector road would continue through the Sunvest plan of
subdivision to the west (30T -01205) and link up to University Avenue.
Seven new lots are proposed at the northwest corner of Countrystone Drive in the location
previously reserved for a stormwater management (SWM) block. The SWM block is no longer
required as the adjacent lands to the northwest have been dedicated to the City as a
neighbourhood park instead of a previously proposed religious institution development that
would have required SWM in this area and a Class Environmental Assessment has been
completed with the preferred alternative to improve the existing SWM pond on Resurrection
Drive and therefore an additional SWM pond in this location would no longer be required.
The proposed new lots would have minimum 10.0m frontages. The orientation and width of the
remaining lots are consistent with the existing approved plan. An addition to the adjacent,
existing lot to the west (municipally known as 1130 Glasgow Street) is proposed as an
additional measure of compatibility.
*Staff's Proposal- Re: Backlotted Arterial Landscape Buffer
With the modification to the plan of subdivision, the applicant has submitted an Acoustical
Study. The previous approval of this plan of subdivision did not have a specific requirement for
any physical noise attenuation measures along University Avenue and the implementing zoning
required an 8.0m setback from University Ave. However, the most recent Acoustical Study
indicates that a noise wall is now required along the rear and side of any lots along University
Avenue. The Region has indicated their acceptance of the noise wall for 5-6 lots only on this
portion of University Avenue. The wall would be between 1.8m to 2.2m in height and is typically
located along the property line of the road right-of-way, in close proximity to the future sidewalk.
The Region's Implementation Guideline for Noise Policies (as per the ROPP policy for the
requirement of Noise Studies) strongly indicates that the use of passive noise mitigation
measures rather than noise barriers is encouraged in order to help support improved community
safety, walkability and reduce the impacts on the streetscape. Noise barriers along the road
right-of-way are not the preferred method of noise control. Therefore, upon City staff's request,
planning staff and the applicant explored any design alternatives to the noise wall.
Unfortunately, given that the plan is already draft approved, the triangular shape of the land
parcel, dimensions of the land and the need to retain municipal access for existing properties
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fronting Glasgow Street, there is limited if any opportunity for changes to the plan to avoid the
noise wall (unless almost a total redesign and perhaps different dwelling types were
considered). Therefore, given the circumstances, staff accepts the requirement for the noise
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The appll'cant wl'shes to pr.oceed wl'th the .:.:.:.:.'.: . . . .\,.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: :.:.:.:.:.:.:.:.:.:.: Current
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subdivision modification with the noise wall along :>>:: .:. :.:><<<<<<<<<<<< \>>>>: Proposal
the right-of-way and has indicated a willingness to
plant some trees in the rear yards, perhaps some
vines on the noise wall and consider some of the
details of the noise wall itself.
Alternative
Planning staff recommend a slightly different
alternative that would help reduce the impact of
the noise barrier on pedestrians and the
streetscape and more fully meet the City of
Kitchener's Urban Design Guidelines for
neighbourhoods,
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There are several clauses in the Region's
Implementation Guidelines for Noise Policies that
speak to the Area Municipality choosing to restrict
the use of noise barriers and defining the range of
acceptable noise attenuation alternatives based >>>>>>>>>>>>:.~.>>f:<<<:::::~:~:>~:>>>>>>>>>>>:.:.:.:.:::::::<
on Offi ci a I P I a n Po Ii cies, Co m m unity P I a ns 0 r :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
approved Design Guidelines. In addition to the City of Kitchener's Municipal Plan Policies Part
1 - Section 3.2 which identifies planning principles such as 3.2.16 and 3.2.17 regarding the
commitment to creating a safe and attractive urban environment through good quality urban
design, landscaping standards and other safety features, Section 6 - Part 2 provides additional
policies regarding urban design. In this regard, Section 6.1 identifies that particular attention
should be given to promoting a high standard of design along major arterials, street
intersections, entrances to the City, along transit corridors to encourage pedestrian movement,
enhance the character of urban streets and achieve appropriate landscaping (as further detailed
in Policy 6.1.12). The subject subdivision fits that description.
The Municipal Plan Policies further refer to urban design guidelines and these guidelines help
provide more detail for the City's vision and policies with respect to specific design matters,
such as the treatment of noise attenuation walls. The Council approved Urban Design
Guidelines include Section 3.3 'Streetscapes', which identifies the goal of creating a lively,
attractive, functional and pedestrian-friendly streetscape and refers to avoiding reverse lotting
on arterials and to minimize the use of noise attenuation walls. Guideline 3.3 specifically states:
3.3 "Minimize the use of noise attenuation walls. Where noise attenuation walls are
necessary, include continuous landscape planting between the wall and the
sidewalk/traveled portion of the road."
Planning staff recommend that the modification to the plan of subdivision include a continuous
open space/landscape buffer block between the proposed noise wall and the sidewalk/traveled
portion of University Avenue. Staff understands that the sidewalk is to be built 1.0m from the
property line, and thus a 2.0m buffer block would provide at least a minimum 3.0m for plantings
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within the landscape buffer and to provide a more adequate separation distance between the
wall and the sidewalk for a more comfortable pedestrian environment. This is reflected as Block
25 (Stage 2) on the staff recommended plan of subdivision attached to this report.
The current draft approval includes a condition requiring a 2.5m landscape strip in the rear
yards backing onto University Avenue (the current standard is 4.6m which provides a more
adequate space; however there are some limitations in the dimensions of this site).
The landscape buffer block can be planted with relatively low maintenance material and other
examples of these blocks being dedicated to the City include the Activa Huron Village
subdivision (30T -01201) and the Highland West subdivision (30T -02205). Further, with the
consultant's recommendation that the existing row of tall evergreens along University Avenue
should be removed (and with the long row of new Hydro lines along this side of University Ave),
it is important to consider the replacement with some adequate vegetation to offset the
streetscape changes on this side of the street.
Furthermore, although there is a shallow lot line for two lots backing onto University Avenue,
staff have reviewed the configuration of the lots and provided that the garage is located along
the longer lot line, both lots have a suitable building envelope for an adequately sized house.
Although the wall would be located on a block adjacent to the right-of-way owned by the City, it
is intended that the Region still be responsible for maintenance of the wall for the Regional
Road. Also, it is recommended that City staff review the details of the noise wall to help ensure
it is of appropriate design for the streetscape, especially given that it is the only noise wall
existing or proposed along University Avenue between Fischer-Hallman Road and Ira Needles
Boulevard.
Engineering Requirements - EA, SWM, Servicing
A Class EA has been completed for the area confirming that SWM for the subject lands can be
accommodated through improvements to the existing SWM pond on Resurrection Drive located
downstream. Municipal servicing and utilities are immediately available. A storm easement for
an underground pipe is required from Block 22 (Stage 2) over the lot addition (Block 21 - Stage
2) and Lot 1 (Stage 2).
Parkland
Previously there was no provision for the dedication of parkland for this plan of subdivision;
instead the requirement was dealt with through a cash-in-lieu contribution. Recently, as part of
the approval of the Sunvest plan of subdivision 30T -01205, the lands to the immediate
northwest have been conveyed to the City as parkland for this portion of the neighbourhood. In
this regard, with the lotting plan for the former SWM block area, there are additional lands to the
rear of the lots and along the frontage of Countrystone Drive that are now considered as park
dedication for additions to the neighbourhood park. Therefore, the main access to the park will
be along the new portion of Countrystone Drive (the park has frontage on University Avenue;
however, the change in grade of the land makes access to the park difficult from that street).
The park is to be primarily for passive recreation and contains the existing wooded area.
Vegetation
There is a row of evergreen trees along the northerly boundary of the site adjacent to the
University Avenue right-of-way (and 1 or 2 other individual trees). Through the original
subdivision approval the tree management plan indicated that these trees were to be preserved.
With the proposed modification to the subdivision, staff's initial position was that the subject
trees should remain protected. However, recently K-W Hydro has installed a second line of
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hydro poles along University Avenue and as a result of this installation almost the entire side of
the row of evergreens was cut. The applicant's environmental consultant has identified that
these trees are now in a hazard condition and should be removed.
Closure of Existing Glasgow Street
There is an existing condition of draft approval that requires the closure of that portion of
Glasgow Street that currently intersects with University Avenue. A portion of the closed road
will be retained as a walkway. The remaining portion of the closed road will be combined with
Block 24 (Stage 2) to create a single detached dwelling lot at the end of Countrystone Place.
Zone Change Application
To facilitate the redesign of the SWM pond for residential lots, the owner has submitted a zone
change application. In addition, several other amendments to the existing zoning are proposed.
The changes are summarized as follows:
. Change the SWM pond area from Hazard Land Zone (P-3) to Residential Four Zone (R-
4). The R-4 zone permits single detached dwellings on minimum 9.0m wide lots and
also permits semi-detached dwellings. The adjacent lots on Glasgow Street (Stage 1 of
the subdivision), many lots in the surrounding area are zoned R-4 and the base zoning
for the rest of Stage 2 of the subdivision is R-4.
. Change the lands to be added to the park from P-3 to Neighbourhood Park Zone (P-1).
. Remove special regulation 219R, which requires an 8.0m setback from University
Avenue as per the original Noise Study, from four lots within the subdivision as the
updated Noise Study does not require a building setback but requires other noise
attenuation measures.
. Amend a small portion of the rear of two adjacent lots from Neighbourhood Institutional
Zone (1-1) which was the previous zoning on the lands intended for the religious
institution to R-4 which is the current zoning on the rest of the two lots.
The proposed zoning is appropriate and compatible with the rest of the subdivision and the
surrounding neighbourhood.
Community Input
Four letters were received in response to the preliminary circulation. One letter is on behalf of a
nearby developer who raised two matters about park access and storm drainage, both of which
have been taken into account in the subdivision modification, and therefore has no objections to
the application. Three letters were received from surrounding property owners who all raise an
identifiable and expected concern with this proposed change in that the lands were identified in
the draft approved subdivision as a SWM pond and now they are proposed to be developed
with more homes. In this regard, the issues raised were taken into account during the public
meetings and report on the Class EA for upgrading the existing SWM pond downstream and
thus not requiring a pond in this location. The EA has been approved and a new land use
should be considered for the former location of the pond. The City recently acquired the large
parcel adjacent to these lands to serve the neighbourhood park needs. Considering the lands
are designated in the City's Municipal Plan as Low Rise Residential and the applicant is
proposing single detached dwellings with similar zoning and lot widths to those in the
surrounding area, the proposed new lots and zoning are considered appropriate and
compatible. As a further measure of compatibility with this new development, the immediately
adjacent land owner to the west has worked with the applicant to arrange an addition to the
existing lot and this is reflected in the modified plan of subdivision.
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Agency Comments
The applications were circulated to the applicable agencies. Any issues/requirements have
been addressed or are included as conditions of approval.
Explanation of Modified Subdivision Conditions
The plan of subdivision was originally approved as one stage by the City on December 11, 1995
and subsequently by the Region on February 2, 1996. Following the draft approval, a
modification to the approval was requested in order to separate the subdivision into two stages.
The modification to the plan and the conditions was approved by the City on May 23, 1997 and
the Region on July 18, 1997. A subdivision agreement was registered on title on August 6,
1997.
Unfortunately, the City modification did not repeat all of the conditions of approval and many of
the changes made do not leave a clear list of exactly what the conditions are, their numbering
and order. Further, Stage 1 has since registered and many of the conditions in the original
approval are no longer applicable along with the City being delegated the approval authority
from the Region. For those conditions that remain, almost every condition requires some form
of change to reflect new position titles, lot/block numbers, delete old requirements, add new
requirements, amend the wording, etc.
As a result, Planning staff has taken the following approach to modifying the conditions of
approval for this subdivision. First, the plan itself is modified to reflect the new changes to lot
out the former SWM pond location [Recommendation B.1]. Second, the existing Subdivision
Agreement is recommended to be amended [Recommendation B.2.1]. The Agreement would
be updated to reflect changes in position title or other housekeeping matters. Conditions 50-74
of the Agreement would simply be deleted and replaced with those existing conditions, as
modified, that still apply and supplemented with any new conditions that are applicable for the
Agreement. Thirdly, those conditions required to be satisfied prior to registration of the plan
would be clarified and identified, similar to how new subdivision approvals are done
[Recommendation B.2.2]. Lastly, any Region conditions, Agency conditions, clearances and
notes are identified, also similar to new subdivision approval conditions [Recommendations
B.2.3 to B.2.6].
Some brief explanation of the specific changes to the conditions includes that:
. The conditions from the original Region approval (former Conditions 1-26) have been
deleted due to duplication with City conditions or City Agreement conditions and those
that are still applicable have been kept in the new Region Conditions or other applicable
section of the approval.
. Detailed conditions have been added either to the Region or City Conditions to reflect
the updated Acoustical Study (ie. Noise wall construction and detailed design thereof
and warning clauses).
. Any reference to the dedication of the SWM block or the acquisition of adjacent lands for
the previously required addition to the SWM block has been removed.
. Conditions that were previously satisfied with the registration of Stage 1 of the
subdivision have been removed.
. The parkland dedication condition has been amended to reflect the change from straight
cash-in-lieu requirement to the combination of dedication of land as addition to the new
neighbourhood park adjacent to these lands and for the remainder as CIL.
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. Revised the 0.3m reserve condition to reflect that the reserves need to be lifted with the
opening of certain roads.
. Revised the sidewalk condition to be consistent with Council's Sidewalk Policy.
. No requirement to update the Tree Management condition.
. Add conditions regarding the requirement for a planting plan and installation of the
vegetation within the proposed landscape buffer.
. Clarify the requirements and timing of matters that must be completed with the closure of
a portion of existing Glasgow Street in relation to the opening of Countrystone Place, the
disposition of a portion of the right-of-way as a consolidation for a future building lot and
the construction of a public walkway on the remaining portion of the right-of-way.
. Modified conditions to reflect new position titles, change of delegated authority, updated
lot/block numbers, provide a "milestone" timing requirement, reflect current notes,
clearance conditions and renumbering.
FINANCIAL IMPLICATIONS:
There will be immediate and ongoing Operations costs for the maintenance of the parkland,
streets, walkways and underground services. In the long term, there will be repair and
replacement costs for all of the foregoing.
COMMUNICATION:
The preliminary circulation for the applications was sent out on April 1, 2005. There were four
letters received from surrounding property owners. These are discussed in the 'Community
Input' section of this report and are attached as Appendix "C".
Notice of the December 5th, 2005 public meeting of the Committee of Council dealing with DTS
matters will be advertised in The Record on Nov. 11th, 2005.
CONCLUSION:
The modifications to Stage 2 of Plan of Subdivision 30T -88015, as amended by staff, and Zone
Change Application ZC 05/02/G/BS are recommended for approval in accordance with the
conditions in Appendix "A".
Brandon Sloan, MCIP, RPP
Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments:
Appendix A - Recommendations for DTS-05-195-PL
Plan of Subdivision 30T-88015 *Staff Recommended*
Plan of Subdivision 30T-88015 *Applicant Recommended*
Proposed Zoning By-law
Map "A" - Onpoint Enterprises Air Photo
Newspaper Advertisement
Appendix B - Department/Agency Comments
Appendix C - Neighbourhood Comments
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Appendix "A"
Recommendations
A. That Zone Change Application ZC 05/02/G/BS (Lotco Limited) for a change in zoning from
Hazard Land Zone (P-3), Neighbourhood Institutional Zone (1-1), Residential Four Zone (R-
4) with special regulation provision 219R and Residential Four Zone (R-4) with special use
provision 214U and 219R to Residential Four Zone (R-4), Residential Four Zone (R-4) with
special use provision 214U and Public Park Zone (P-1), on a portion of lands legally
described as Part of Lot 34 German Company Tract and Part of Lots 6 and 7, 58M-50, in
the City of Kitchener, be approved in the form shown in the attached "Proposed By-law",
dated November 11, 2005, without conditions.
B. That the City of Kitchener, pursuant to Section 51 (18) of the Planning Act R.S.O. 1990, c.P.
13, as amended, and delegation by-law 2002-164, as amended, modify draft approval to
Plan of Subdivision Application 30T-88015, in the City of Kitchener, for Lotco Limited,
subject to the following conditions (asterisk indicates revised conditions and italics
indicates revision):
*1. That this approval applies to Plan of Subdivision 30T-88015 for Lotco Limited, in the City of
Kitchener, as shown on the attached Plan of Subdivision prepared by the City of Kitchener
dated November 11, 2005, which shows:
Stage 1
Lots 1- 7
Blocks 8, 9
Blocks 10-12
Stage 2
Lots 1-20
Block 21
Blocks 22, 23
Block 24
Block 25
land Use
- single detached dwellings
- road widening
- 0.3m reserve
Max. Unit #s
7
land Use
- single detached dwellings
- lot addition (single detached)
- neighbourhood park
- future development (single detached)
- open space (landscape buffer)
Total
Max. Unit #s
20
1
21 units
*2. CITY OF KITCHENER CONDITIONS
1, That the existing City Residential Subdivision Agreement as approved by City Council,
dated August 6, 1997, as Instrument Number L TOO 1 0887 embracing those lands
shown on the attached Plan of Subdivision dated November 11, 2005, be amended in
the following manner:
A) Update any position titles or other "housekeeping" matters in the existing
agreement;
B) Delete Clauses 50-74 inclusive; and
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C) Add the following special conditions therein:
"50. That the final plan for registration purposes shall be prepared in accordance with
the attached Plan of Subdivision dated revised November 11, 2005, provided
that minor changes to said plan, acceptable to the CITY'S Director of Planning
and not affecting the numbering of lots or blocks may be permitted without an
amendment to this agreement.
51. That prior to any grading or construction on site or registration of any stage of the
Plan, the SUBDIVDER shall prepare a Grading and Drainage Control Plan (and
any Stormwater Management details that may be required) to be approved by
the CITY'S Director of Engineering Services, in consultation with the CITY'S
General Manager of Community Services, the Regional Municipality of Waterloo,
and the Grand River Conservation Authority. The details of any required
physical noise attenuation measures should be indicated on the grading plan.
52. The SUBDIVIDER agrees in consideration of the wooded character of the
subdivision lands and the City's desire to minimize the impact of development on
treed areas worth retaining, to comply with the following process in the
development of the subdivision in accordance with the City's approved Tree
Management Policy:
a) prior to the City releasing of any stage of the Subdivision Plan for
registration, the SUBDIVIDER shall submit the detailed vegetation plan for
the approval of the CITY'S Director of Planning.
b) that no area/rough grading shall occur on the lands until such time as all
approved measures for protection of isolated trees, tree clusters and
woodlands affected by such grading have been satisfactorily implemented,
and inspected by the City and the SUBDIVIDER has received a written
authorization from the CITY'S Director of Engineering Services to proceed
with said grading.
c) To implement and be responsible for providing all information contained in
the approved detailed vegetation plan, tree preservation/enhancement
plan (if applicable), to all of its heirs, executors, administrators, successors
and assigns in order to ensure that the requirements outlined in said
plan(s) are carried out as specified.
d) A tree preservation/enhancement plan will be required prior to applying for
or having issued any building permits for those lots or blocks which are
subject to site plan approval under Section 41 of The Planning Act, corner
lots where site service locations and building type have not been
predetermined, interior lots having street frontage greater than 13. 7
metres, proposed buildings that are located deeper on the lot than
approved on the detailed vegetation plan and/or on which the revised
grading will have an adverse effect on the detailed vegetation plan.
e) In the event of construction causing minor tree damage, remedial
measures such as trimming, dressing or bark doctoring shall be
implemented at the SUBDIVIDER'S cost and as directed by the
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SUBDIVIDER'S Environmental Consultant who prepared the approved
plan. In cases where major irreparable tree damage is done, liability is
questionable, or the tree is judged to be unsafe, in the opinion of the
SUBDIVIDER'S Environmental Consultant and/or the City, each such tree
shall be removed and replaced with at least one tree of equal value based
on the tree value formula as set out in "Guide for Plan Appraisal" of the
International Society of Arboriculture, latest edition. Tree replacements are
to be located on the same lot or block as the tree requiring removal or to a
location within the subdivision requiring enhancement. Furthermore, such
remedial measures or tree replacements shall be approved by the CITY'S
Manager of Design and Development and shall be satisfactorily
implemented prior to occupancy of the units or, due to weather conditions,
by the next planting season.
53. The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using University A venue only. The
SUBDIVIDER agrees to advise all relevant contractors, builders, and other
persons of the requirement, with the SUBDIVIDER being responsible for any
required signage, all to the satisfaction of the City's Director of Engineering
Services.
54. Prior to servIcIng, the SUBDIVIDER acknowledges and shall make
arrangements with the CITY'S Director of Engineering Services that sidewalks
are required to be constructed on both sides of all streets within the subdivision
in accordance with the CITY'S Sidewalk Location Policies. This shall include a
sidewalk for the south side of University A venue from Countrystone Drive to the
easterly limit of Lot 20 (Stage 2) and the completion of any missing portions of
sidewalk on the southeasterly side of Countrystone Place to the future walkway.
55. Prior to servicing or registration whichever comes first, the SUBDIVIDER shall
provide the physical and financial resources to the CITY for the upgrading of that
portion of existing Glasgow Street, which is to be renamed 'Countrystone Place',
from Lot 13 (Stage 2) to the easterly limit of Countrystone Place, to full municipal
standards with a 16 metre right-of-way, to the satisfaction of the CITY'S Director
of Engineering Services.
56. Prior to Countrystone Drive and Countrystone Place being opened to vehicular
traffic, the SUBDIVIDER agrees to make satisfactory arrangements with the
CITY for:
a) the lifting of the 0.3m reserves (Blocks 11 and 12 - Stage 1);
b) the CITY to quit claim its interest in the block of land at the southwest corner
of University A venue and existing Glasgow Street adjacent to Lot 20 (Stage
2), save and except for a 2.0m wide portion of the land adjacent to the
University Avenue right-of-way which shall be retained for open
space/landscape buffer purposes. The block of land that the City shall
relinquish its interest in, shall be consolidated in two parts with Lot 20 and
Block 24 (Stage 2) respectively; and
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c) the closure of the redundant portion of Glasgow Street between the terminus
of Countrystone Place and University A venue to vehicular traffic, with all costs
associated with such closure to be paid by the SUBDIVIDER. A 6m wide
portion of that road allowance shall be retained by the CITY for a public
walkway with the remaining portion shall be consolidated with Block 24 (Stage
2).
Further, the SUBDIVIDER shall be responsible for the removal of the road
surface of the road allowance and shall reinstate that portion of the land to be
used as a building lot and shall construct the 6m wide public walkway, at the
SUBDIVIDER'S cost. A fence shall not be required on that section of the
future walkway abutting the property municipally known as 1105 Glasgow
Street.
57. The SUBDIVIDER agrees to not apply for building permits on Lots 1-4, 8, 13-
15, 17-20 inclusive (Stage 2) until such time as the building permit drawings
for the aforementioned lots include provisions that dwellings constructed on
each lot will be built with a forced air-ducted heating system to allow for the
future installation of a central air conditioning system, and in this regard, the
SUBDIVIDER may be required to enter into an agreement with the Regional
Municipality of Waterloo.
58. The SUBDIVIDER agrees to not apply for a building permit on Block 24 (Stage 2)
until that block has been consolidated with the immediately adjacent lands
owned by the CITY.
59. At the request of the CITY'S Director of Engineering Services, the SUBDIVIDER
shall install temporary street name and emergency access signs in the
subdivision at the cost of the SUBDIVIDER. Such signs shall indicate that such
roads are not assumed by the CITY and are used at one's own risk.
Further, the SUBDIVIDER shall arrange for the erection of permanent street
name signs, emergency access signs and traffic control signs and devices in the
subdivision as soon as possible following the placement of the first course of
asphalt on a road, all at the cost of the SUBDIVIDER, to the satisfaction of the
CITY'S Director of Engineering Services. At such time as the permanent signs
are installed, the SUBDIVIDER shall remove, at its cost, the temporary signs.
60. The SUBDIVIDER agrees that the required open space/landscape buffer
block (Block 25 - Stage 2 and the 2.0m wide portion of adjacent lands
owned by the City up to the future walkway) 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.
61. Prior to the 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 Director of Engineering Services and the
CITY's Director of Planning. If required, the SUBDIVIDER shall provide
temporary suitable centralized mail box locations that may be utilized by Canada
4
Post until the curbs, boulevards and sidewalks are constructed for the plan of
subdivision.
62. Prior to occupancy of Lots 8, 17-20 and the future lot adjacent to Lot 20
(Stage 2), the SUBDIVIDER shall construct the required noise barrier,
including that portion easterly from Lot 20, beyond the adjacent future
lot to the future public walkway."
2. That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil
the following conditions:
1. The City Standard Residential Subdivision Agreement be registered on title of the
subject lands.
2. The SUBDIVIDER shall submit copies of the final plan for registration to the
CITY'S Director of Planning and shall obtain approval therefrom.
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 erect and maintain a subdivision billboard sign at each
major entrance to the subdivision, in accordance with a plan approved by the
CITY'S Director of Planning, in accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the
applicable zone and outside the corner visibility triangle, with the specific,
appropriate location to be approved by the CITY'S Director of Planning;
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, hydro corridors, trail
links and walkways, potential or planned transit routes and bus stop
locations, centralized mail facility locations, notification regarding contacts
for school sites, noise attenuation measures, environmentally sensitive
areas, tree protection areas, special buffer/landscaping areas, water
courses, flood plain areas, railway lines and hazard areas and shall also
make general reference to land uses on adjacent lands including
references to any formal development applications, all to the satisfaction of
the CITY'S Director of Planning;
d) Approved subdivision billboard locations shall be conveniently accessible to
the public for viewing. Low maintenance landscaping is required around the
sign and suitable parking and pedestrian access may be required between
the sign location and public roadway in order to provide convenient
accessibility for viewing; and
5
e) The SUBDIVIDER shall ensure that the information is current as of the date
the sign is erected. Notice shall be posted on the subdivision billboard signs
advising that information may not be current and to obtain updated
information, inquiries should be made at the CITY'S Department of
Development and Technical Services.
5. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways
to the appropriate authority (City of Kitchener or Regional Municipality of
Waterloo) by the registration of the Plan of Subdivision or at any such time upon
the request of the appropriate authority (City or Region).
6. The SUBDIVIDER agrees to convey to the City, at no cost and free of
encumbrance, the following lands for the purposes set out below:
a) Block 25 (Stage 2) for open space/landscape buffer purposes.
7. The SUBDIVIDER shall make arrangements for the granting of the following two
easements:
a) Lot 1 and Block 21 (Stage 2) in favour of the City of Kitchener for storm
infrastructure purposes; and
b) Block 25 (Stage 2) and an adjacent 2.0m wide strip of land to the
east of Block 25 (Stage 2) owned by the City of Kitchener up to the
future walkway in favour of the Regional Municipality of Waterloo
for maintenance access to the required noise barrier.
8. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, which dedication is 0.08 hectares by both the conveyance of Blocks
22 and 23 (Stage 2) to the CITY, at no cost and free of encumbrance, which will
satisfy 0.073 hectares of the dedication and a cash-in-Iieu contribution for the
remainder of the dedication, equivalent to the value of 0.007 hectares of land,
with the value of the land determined as of the day before the day of draft
approval. If the SUBDIVIDER has paid any previous required cash-in-Iieu
contribution through the registration of Stage 1 of the subdivision, the CITY shall
reimburse the SUBDIVIDER for the difference between that amount paid and the
remainder required following the dedication of Blocks 22 and 23 (Stage 2).
9. Prior to servicing or registration whichever comes first, the SUBDIVIDER shall
provide the physical and financial resources to the CITY for the upgrading of that
portion of existing Glasgow Street, which is to be renamed 'Countrystone Place',
from Lot 13 (Stage 2) to the easterly limit of Countrystone Place, to full municipal
standards with a 16 metre right-of-way, to the satisfaction of the CITY'S Director of
Engineering Services.
10. The SUBDIVIDER shall arrange for the lifting of the 0.3m reserve (Block 10 - Stage
1).
11. The SUBDIVIDER shall complete the final design/construction details of the
noise barrier to the satisfaction of the Regional Municipality of Waterloo
and the CITY'S Director of Planning, including that portion easterly from
Block 25 (Stage 2) to the future public walkway. Generally, the noise
6
barrier shall be of stone, masonry or "stone/masonry-look" construction
and shall be anchored with defined end piers and may include intermediate
piers or similar material post-facings.
12. The SUBDIVIDER shall obtain approval of plans/drawings from the CITY'S
Director of Planning showing a planting plan for the open space/landscape
buffer block (Block 25 - Stage 2 and the adjacent 2.0m wide strip of land to
the east of Block 25 (Stage 2) owned by the City of Kitchener up to the future
walkway).
13. To expedite the approval for registration, the SUBDIVIDER shall submit to the
CITY'S Director of Planning, a detailed written submission documenting how all
conditions imposed by this approval that require completion prior to registration of
the subdivision plan(s), have been satisfied.
*3. REGIONAL MUNICIPALITY OF WA TERLOO CONDITIONS
1. The SUBDIVIDER agrees to stage the development of this subdivision in a manner
satisfactory to the Regional Commissioner of Planning, Housing and Community
Services.
2. That a copy of the registered subdivision agreement be forwarded to the Regional
Commissioner of Planning, Housing and Community Services.
3. a) That the SUBDIVIDER enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any agreement
for the installation of underground services, whichever occurs first. Where the
SUBDIVIDER has already entered into an agreement for the installation of
underground servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to registration of
any part of the plan. The Regional Commissioner of Transportation and
Environmental Services shall advise prior to an Agreement for Servicing that
sufficient water supplies and wastewater treatment capacity is available for this
plan, or the portion of the plan to be registered.
b) That the SUBDIVIDER include the following statement in all agreements of lease
or purchase and sale that may be entered into pursuant to Section 52 of the
Planning Act, prior to the registration of this plan:
"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. "
7
4. That the SUBDIVIDER shall obtain a Regional Road Entrance Permit for the
proposed intersection of University Avenue and Countrystone Drive.
5. That the SUBDIVIDER enter into an agreement with the Regional Municipality of
Waterloo for the implementation of the following noise attenuation measures:
a) That the SUBDIVIDER shall provide for the construction of a noise barrier for
Lot 8 and Lots 17-20 inclusive (Stage 2) and the future lot forming part of the
Glasgow Street right-of-way to be closed and Block 24 (Stage 2). The barrier
shall be extended to join the rear of the unit on Lot 8 (Stage 2) and along the
side property line of the future lot adjacent to Lot 20 (Stage 2). The noise
barrier shall be constructed to Regional standards and have a minimum
surface density of 20 kg/m2.
Prior to registration, the SUBDIVIDER shall complete the final
design/construction details of the noise barrier shall be to the satisfaction of
the Region of Waterloo and the CITY'S Director of Planning. Generally, the
noise barrier shall be of stone, masonry or "stone/masonry-look" construction
and shall be anchored with defined end piers and may include intermediate
piers or similar material post-facings.
The noise barrier shall be constructed prior to occupancy of Lots 8, 17-20 and
the future lot adjacent to Lot 20 (Stage 2).
Following construction, maintenance of the noise wall shall be to the
responsibility of the Region of Waterloo.
b) That the following clause be included in offers to purchase or rental
agreements for Lots 8, 17-20 inclusive (Stage 2):
"Due to its proximity to University Avenue and Glasgow Street (Countrystone
Drive/Place), projected noise levels on this property exceed the Noise Level
Objectives approved by the Regional Municipality of Waterloo and may cause
concern to some individuals. Moreover, this dwelling unit has been fitted with a
forced air-ducted heating system suitably sized to permit the future installation
of a central air-conditioning system by the occupants, and the lands have been
developed such that noise attenuation features are included".
c) That the following clause be included in offers to purchase or rental
agreements for Lots 1-4, 13-15 inclusive (Stage 2):
"Due to its proximity to University Avenue and Glasgow Street (Countrystone
Drive/Place), projected noise levels on this property exceed the Noise Level
Objectives approved by the Regional Municipality of Waterloo and may cause
concern to some individuals. Moreover, this dwelling unit has been fitted with a
forced air-ducted heating system suitably sized to permit the future installation
of a central air-conditioning system by the occupants".
6. That prior to the registration of Stage 2, the SUBDIVIDER shall provide the physical
and financial resources to the Regional Municipality of Waterloo equal to all costs of
8
the pavement markings for a left turn lane for westbound traffic entering the
subdivision from University Avenue at Countrystone Drive.
*4. OTHER AGENCY CONDITIONS
1. The SUBDIVIDER shall obtain from the Grand River Conservation Authority, a Fill,
Construction and Alteration to Waterways Permit under Ontario Regulation 154/86, if
required, prior to any grading or registration of any stage of the Plan.
2. Prior to servicing, the SUBDIVIDER shall make arrangements with K-W Hydro
regarding the relocation/rebuilding of existing hydro services along existing Glasgow
Street that currently provide service for properties municipally known as 1105 and 1109
Glasgow Street for the reconstruction as Countrystone Place.
*5. CLEARANCES
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 that Conditions 3. 1-3.6 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 Grand River Conservation Authority (GRCA) that
Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance
letter from the GRCA shall include a brief statement detailing how the condition has
been satisfied.
3. 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 45 of the existing
Subdivision Agreement registered as L T0010887 has been carried out satisfactorily.
The clearance letter should contain a brief statement as to how the condition was
satisfied.
4. That prior to the signing of the final plan by the CITY'S Director of Planning, the
Director shall be advised by K-W HYDRO that Condition 4.2 of this approval and
Condition 44 of the existing Subdivision Agreement registered as L TOO 1 0887 have
been carried out satisfactorily. The clearance letter should contain a brief statement as
to how the condition was satisfied.
*6. NOTES
Development Charges
1. The owner/developer is advised that the provisions of the Development Charge
By-laws of the City of Kitchener and the Regional Municipality 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.
9
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 and Development
Departments of any changes in ownership, agent, address and phone number.
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 $60.00 respectively.
Regional Fees
5. The owner/developer is advised that the Regional Municipality of Waterloo has
adopted By-Law 96-025, 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.
Approvals for Servicing Systems
6. The proposed water distribution system meets the definition of a "water works"
as defined in the Ontario Water Resources Act. Prior to the construction of the
proposed water supply system. The proponent must ensure that the application
for approval of water works, and appropriate supporting information, are
submitted to the Ministry of the Environment for approval.
Stormwater Management
7. The proposed storm water 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, are submitted to the Ministry of the
Environment for approval.
Sewage System
8. The proposed sanitary sewage collection system meets the definition of a
"sewage works' as defined in the Ontario Water Resources Act. Therefore,
approval of the Director must be obtained under section 53 of the Ontario Water
Resources Act prior to the construction of the proposed sanitary sewage
collection system. The proponent must ensure that the application for approval of
sewage works, and appropriate supporting information, are submitted to the
Ministry of the Environment for approval.
Planning Act Applicability
9. This draft plan was received on or before March 27, 1995 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.
10
Regional Servicing Agreement
10. 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, Housing and Community Services 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, 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
11. To ensure that a City or Regional Release is issued by the City's Director of
Planning or the Regional Commissioner of Planning, Housing and Community
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 City or 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 City or Regional Planner responsible for the file, no later than
December 15th. City and Regional staff can not ensure that a City or Regional
Release would be issued prior to yearend where the owner has failed to submit
the appropriate documentation by this date.
Final Plans
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 applicable
clearance agencies that the necessary arrangements have been made, the
signature will be endorsed on the plan and it will be forwarded to the Registry
Office for registration. The following is required for registration under The
Registry Act and for our use:
One
Four
Four
(1)
(4)
(4)
original mylar
mylar copies
white paper prints
11
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PROPOSED BY - LAW
November 11, 2005
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 - Lotco Limited,
1094 Glasgow Street)
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. 13 and 14 of Appendix "A" to By-law Number 85-1 is hereby amended by
designating as Residential Four Zone (R-4), Residential Four Zone (R-4) with special use
provision 214U, Residential Four Zone (R-4) with revised special regulation provision
219R and Public Park Zone (P-1) instead of Hazard Land Zone (P-3), Neighbourhood
Institutional Zone (1-1), Residential Four Zone (R-4) with special regulation provision 219R
and Residential Four Zone (R-4) with special use provision 214U and 219R; the parcel of
land legally described as Part of Lot 34, German Company Tract and Part of Lots 6 and 7,
58M-50, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto.
2. Schedule Nos. 13 and 14 of Appendix "A" to By-law Number 85-1 is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1 attached
hereto.
3. Appendix "0" to By-law Number 85-1 is hereby amended by revising the measurement
contained within section 219 to be "4.5 metres" instead of "8.0 metres".
PASSED at the Council Chambers in the City of Kitchener this
day of , 2005.
Mayor
Clerk
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