HomeMy WebLinkAboutDTS-06-125 - Municipal Plan Amendment App MP 02/03/C/BS
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Development &
Technical Services
Report To:
Date of Meeti ng :
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Development and Technical Services Committee
August 21 , 2006
Jeff Willmer, Director of Planning (741-2325)
Brandon Sloan, Senior Planner (741-2648)
Ward 3
August 8, 2006
DTS 06-125
Municipal Plan Amendment Application MP 02/03/C/BS
Zone Change Application ZC 02/04/C/BS
Plan of Subdivision Modification 30T-86035
Fallowfield Drive - Country Hills East
Drewlo Holdings Inc.
RECOMMENDATION:
That the recommendations for the
modifications to Plan of Subdivision 30T-
86035, Municipal Plan Amendment MP
02/03/C/BS and Zone Change Application
ZC 02/04/C/BS as contained in Appendix A
to report DTS-06-125 be approved.
EXECUTIVE SUMMARY:
The applicant has initiated modifications to
the remaining stages within the Country Hills
East subdivision (30T-86035). The
subdivision was draft approved in 1992 and
the first two stages are now registered and
dwellings under construction. Part of the
current modifications include a municipal
plan amendment and zone change to permit
apartments up to 12 storeys in height instead
of the current 8 storey maximum. The
proposed applications also include
provisions for more conservation of significant areas of vegetation, the provision of parkland for
this neighbourhood and the provision of the new alignment of the Block Line Road extension.
BACKGROUND:
The subject lands are located east of Homer Watson Boulevard, between the future Block Line
Road extension and Bleams Road in the Country Hills East community. The lands are part of
plan of subdivision 30T -86035 which was originally draft approved in 1992. The subdivision
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provides for a mixture of single detached dwellings, semi-detached dwellings, townhouses and
apartments in addition to neighbourhood commercial uses, parkland, open space and
stormwater management facilities. Stages 1 and 2 of the subdivision were registered in 2005
and included the construction of a collector street, Fallowfield Drive, between Bleams Road and
Block Line Road (opposite the entrance to St. Mary's Secondary School). Building permits for
these stages are being issued this year. In 2002, the applicant submitted a request for a major
modification to Stage 4 of the plan of subdivision, accompanied by Municipal Plan Amendment
and Zone Change applications. These applications were put on hold to focus efforts on dealing
with the issues required to allow the first two stages to register. The proposed changes to the
unregistered stages have now been re-initiated and are presented in this report for
consideration.
REPORT:
Development Proposal
The applicant has initiated modifications to the remaining stages within the Country Hills East
subdivision (30T-86035). Part of the current modifications include a municipal plan amendment
and zone change to permit apartments up to 12 storeys in height instead of the current 8 storey
maximum. The proposed applications also include provisions for more conservation of
significant areas of vegetation and the provision of parkland for this neighbourhood.
Subdivision Design and Layout
Fallowfield Drive is a north-south collector road that links Block Line Road and Bleams Road.
Given the grades, floodplain and vegetation in this area, the subdivision was originally designed
with several cul-de-sacs and streets running primarily west from Fallowfield Drive. The
subdivision has no connection to Homer Watson Boulevard as there are lands owned by other
developers between this subdivision and Homer Watson Blvd. The subdivision plan was
originally submitted 20 years ago and draft approved in the early 1990s. It contains a mixture of
single detached dwellings that range in lot width and size, semi-detached dwellings, multiple
dwelling blocks intended for cluster townhouse development and large multiple dwelling blocks
on the east side of Fallowfield Drive within Stage 3 that are intended for apartment
development. The plan also contains neighbourhood commercial blocks, open space and
parks. There are no elementary schools on this side of Homer Watson Blvd. St. Mary's
Secondary School is immediately to the north along with the site of the future City Twin Pad
arena and the current Peter Hallman Ballyard. Employment areas are located immediately to
the south, east and further north of these lands. The lands on either side of Block Line Road
from Homer Watson Blvd to Hanover Street are designated as a Mixed Use Node and are
intended for future development of a mixture of commercial, possibly some office, institutional
and residential use. Staff understand that Block Line Road (which is intended to be extended to
Courtland Avenue - currently 2008) is intended as a future transit route link to the
Courtland/Fairway corridor.
Stage 3 was previously reserved from development until such time as the final alignment of the
Block Line Road extension was determined. A previous Environmental Assessment has
established the alignment, which was different than anticipated in the original draft approval,
and a portion of the road has been built east of Homer Watson Blvd. The modification to the
draft approved subdivision now reflects the approved alignment of Block Line Road and
proposes that Stage 3 be divided into 3 large blocks of land to be developed with multiple
dwellings such as townhouses and apartments with access to Fallowfield Drive. The
development applications propose to permit apartments (up to 12 storeys) within Block 1 of
Stage 3 instead of the current Medium Rise Residential designation which limits the maximum
height to 8 storeys.
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Urban Design Manual - Neighbourhood Design Guidelines
The remaining stages of the subdivision generally meet the current Neighbourhood Design
guidelines, with several compromises given that a large portion of the subdivision is already
registered and most of the land use and blocks in the area are already approved. If this
neighbourhood was entirely open for redesign under today's principles and practices, there are
several design aspects that could be done differently, such as parkland types and locations,
road access points, tree management, block design and approach to noise mitigation; however
a large portion of the subdivision is already registered and under construction.
There are no longer any municipal road connections to the remaining extension of Block Line
Road. Although the grade of the road extension will have to rise to meet Courtland Avenue,
staff encourages the possibility of a driveway connection to the Block Line Road extension for
Block 3 (Stage 3) if possible through the Site Plan. Further, the built form in terms of massing,
orientation and pedestrian access for Block 3 (Stage 3) to Block Line Road, Fallowfield Drive
and the intersection thereof is important, especially given the proximity to the Mixed Use Node.
The introduction of a landscape element along the one side of the noise berm along Fallowfield
Drive will provide a coherent and consistent street element to add to the sense of place.
Recreational and social opportunities are now further provided through the amount and location
of park, open space and trails. The preference would have been to have the active
neighbourhood park on the west side of Fallowfield Drive; however that stage of the plan is
registered. The proposed location is not optimum; but it is central to the neighbourhood, can be
combined with the SWM/open space/trail system, will have sufficient street frontage and some
visibility. The future roundabouts on Block Line Road and the subsequent design elements
around those intersections should provide a memorable gateway entrance to the subdivision.
Transportation Planning staff are encouraged to monitor traffic patterns, speeds and need for
traffic calming measures on Fallowfield Drive, which could become a significantly used road link
between Bleams Road and Block Line Road, especially once Block Line is extended to
Courtland Avenue and the neighbourhood residential and commercial uses are built out.
Development and location of land use in this subdivision should be transit-supportive and
continuous sidewalks will be provided.
Engineering Requirements - SWM, Servicing
There are two stormwater management ponds proposed within Stage 3 to accommodate
stormwater runoff for this Stage of the subdivision. Sanitary servicing has been assured for this
subdivision as well. This subdivision was approved prior to the City's current Sidewalk Policy.
With the modification, staff are recommending that the street within Stage 4 that has not yet
been constructed require sidewalks on both sides in accordance with the current policy.
Traffic Calming/Parking
Although the subdivision was approved in the early 1990's and most of the roads have already
been constructed, staff do want to ensure that certain traffic-related measures are addressed.
In this regard, prior to the part-lot control applications that re-Iotted Stages 1 and 2 of the
subdivision, the applicant was required to undertake an on-street parking plan. The review of
the plan yield some changes to the lotting in order to provide an appropriate amount of parking
spaces. It should be noted that there are several small lots on the west side of Fallowfield Drive
that if many residents choose to widen their driveways there could be some limitations for on-
street parking on one side of Fallowfield; however, given that there are multiple blocks within the
Stage 3 lands across the street, the east side of the street should have parking available.
Planning staff advise that traffic on Fallowfield Drive should be monitored. It is a direct street
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connection between Bleams Road and Block Line Road and has significant change in grade
and limited stops. As a result there could be speeding and some traffic (the street was intended
as the collector road link for cut-through traffic). Staff are recommending that although the
street has been built, that given this concern along with the new location of the neighbourhood
park, that a 3-way stop with crosswalks and any traffic calming measures be incorporated at the
intersection of Fallowfield/Brisbane Drive.
Comprehensive traffic studies have been completed for the Country Hills East area of the past
several years. The Region and City have approved the study as it relates to the proposed
Drewlo applications and in that regard, the implementation measures for the City have been
incorporated as conditions of approval. The dual roundabouts at the Block Line Road
intersections requires certain municipal considerations that are discussed under the Financial
Considerations portion of this report.
Parkland - Vegetation
The original draft approval accepted a portion of the parkland dedication within the
floodway/treed area of Stage 2 and made provisions for a park/institutional land addition on the
northwesterly side of the Block Line Road extension. These park provisions are currently not
considered to be adequate enough to serve this neighbourhood. There is extensive floodplain
area of Schnieder Creek and the Balzer that were dedicated through Stage 2 of this subdivision;
however there is a lack of active play space. Staff have worked with the applicant to revise the
parkland provision for this subdivision. The preferred location for a neighbourhood park would
probably be within Stage 1 close to Fallowfield Drive and Balzer Creek; however that Stage was
registered and it is too late to change the plan. Instead a 1.62 ha neighbourhood park is
proposed on the easterly side of Fallowfield Drive within Stage 3 adjacent to the SWM pond and
Balzer Creek. Although there would be approximately 70m of frontage on Fallowfield Drive, the
grade of the land poses a difficulty for the park as there is a large earthen berm for noise
mitigation purposes along the frontage of the park and the rear of the park slopes significantly
towards the SWM pond. The developer's consultants and City staff have attempted to provide a
functional park in this space. With some grading works to be done by the developer, a
playground is proposed to be provided at the top of the berm so that it is visible from the street
and the houses across the street. Lighting of the park and pathways will be important and the
future construction of apartments within Block 1 of Stage 3 should assist with having future
"eyes" on the park. The developer is willing to dedicate and construct the park earlier than
typically required, which would be of significant benefit to those residents who will be moving
into the homes under construction in Stages 1 and 2.
In addition to the larger neighbourhood park, a block of land is proposed to still be dedicated on
the north side of Block Line Road adjacent to the Hydro corridor, south of St. Mary's Secondary
School. This could be used as more of an urban parkette at one of the corners of the future
Block Line/Fallowfield roundabout intersection in the Mixed Use Node.
Further, given the importance of the mature vegetation that is now left within the southern
portion of the lands, the former Stage 3 is now proposed to be dedicated to the City (now Block
6 - Stage 3). This stage is currently draft approved for a cul-de-sac with residential lots;
however the entire area is heavily treed. Conserving this area of the former woodlot will still be
of some significance as it is viewed from Homer Watson, provides some environmental link in
this area, provides a buffer between the residential dwellings and the commercial/industrial
lands on Bleams Road and the protection of the trees provides profound benefit to the
community.
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Heritage
There are no heritage issues related to these applications.
Municipal Plan Amendment
The current land use designation on the lands subject to the Municipal Plan Amendment is
Medium Rise Residential. This designation permits a range of dwelling types and is typically
located near nodes or centres where they can be combined with non-residential uses, transit,
public spaces and neighbourhood commercial sites. The subject lands are located adjacent to
a Mixed Use Node and therefore would be a suitable location for achieving the above noted
objectives. The intent of the designation is to primarily provide for multiple dwellings that
achieve an overall medium intensity of use. The current designation permits apartments up to a
Floor Space Ratio of 2.0 and up to 8 storeys in height. The proposed amendment to add a
special policy to this designation for a block of land within the Drewlo Country Hills East
subdivision would permit apartments up to 12 storeys in height; however the FSR maximum is
proposed to remain the same. Essentially, the amount of floor space/density is the same;
however the amendment would allow the developer the flexibility to construct taller buildings if
needed. This is important in balancing the costs of constructing apartments with the required
parking facilities.
The proposed height is appropriate and compatible with the surrounding area. The lands are
adjacent to a Mixed Use Node; they are separated from the low rise residential area to the west
by a large berm, Fallowfield Drive and the required setbacks; the siting and construction of the
apartments will help act as a noise mitigation measure for the surrounding area; the lands are
adjacent to park space and creek lands and there is one other site along Homer Watson
Boulevard within the Country Hills East neighbourhood that may accommodate multiple
dwellings up to 12 storeys as well. With appropriate design techniques such as setbacks,
building orientation, streetscape and architectural details, 12 storey apartments can be
constructed to be compatible with the surrounding residential and mixed use neighbourhood.
Access to the lands may be considered to be more limited with the relocation of Block Line
Road; however the applicant's traffic study has indicated that the surrounding road network can
accommodate the number of units proposed even with access from the site only to Fallowfield
Drive. The proposal should be transit supportive given the nature of the townhouse and
apartment units located by Block Line Road which is proposed to be a transit link to the
Courtland/Fairway Rd corridor. Further, the sanitary sewer capacity is adequate to
accommodate the proposed development.
The boundary between the Medium Rise Residential designation (that the proposed special
policy area applies to) and the current Low Rise Residential designation immediately adjacent to
the south (between Fallowfield Drive and the Open Space designation) should be interpreted to
be the boundary line between the Multiple Residential Block 1 (Stage 3) and the Neighbourhood
Park Block 5 (Stage 3) of Plan of Subdivision 30T -86035.
Based on the foregoing, the Municipal Plan Amendment can be considered appropriate for the
development and use of the land and is compatible with the surrounding area. The amendment
conforms to the Province's 'Places to Grow' Plan, is consistent with the objectives of the
Provincial Policy Statement, the Regional Official Policies Plan and would help implement the
objectives of the Regional Growth Management Strategy.
Zone Change Application
The subdivision modification results in several changes to the existing zoning. Further, the
applicant's proposal to permit up to 12 storey multiple dwellings on Block 1 (Stage 3) as part of
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the Municipal Plan Amendment also requires a special zoning provision. In summary, the zoning
amendments propose the following:
· Change Block 2 (Stage 3) to Residential Six Zone (R-6). The 1-3 zoning was
previously intended to be north of the former Block Line Road alignment and be an
additional to the Secondary School site. The proposed new R-7 zoning permits all
dwelling types to a maximum Floor Space Ratio (FSR) of 1.0 times the lot coverage
and a maximum 8 storey building height.
· Change Block 1 (Stage 3) from R-7 to Residential Eight (R-8) with a special
provision. This would allow multiple dwellings to have a maximum FSR of 2.0 and a
maximum building height of 12 storeys. The maximum units would be limited to 677.
A portion of Block 1 is to be changed from Hazard Land (P-3) to R-8, special
provision as the stormwater management pond is being relocated to the other side of
the Hydro corridor.
· Blocks 4-7 are to be zoned the appropriate Public Park (P-1) and Open Space (P-2)
zones for their functions as a Neighbourhood Park, Open Space/Woodlot and SWM
pond.
· There is a small portion of land that was zoned R-7 that is below the Regional
Floodline and is proposed to be zoned Hazard Land (P-3). Further, there is a portion
of the Hydro corridor to the east of the subject subdivision (between Block 1 - Stage
3 and the railine) that is zoned R-7. This land is used as the hydro corridor and
therefore is proposed to be rezoned to P-3 consistent with the rest of the north and
south portions of the same hydro corridor.
The amendments to the zoning would continue to permit and ensure a range of dwelling types
and sizes in this subdivision and neighbourhood, with the zones permitting multiple dwellings
appropriately located near the Mixed Use Node, transit and Block Line Road. The changes to
the park and open space zones are to reflect the added park space and woodland conservation
within this plan of subdivision.
The zone change primarily maintains the spirit and intent of the original draft plan approval and
zoning for the neighbourhood, with the intent to provide a range of housing types and sizes, in
addition to commercial, park and open space uses. The zone changes comply with the
Municipal Plan Policies (as proposed to be amended), are compatible with the surrounding
residential and mixed use area. Staff recognize that the residential zoning has existed on lands
east of Fallowfield Drive for some time, with the railway and hydro corridor separating this
zoning from the General Industrial (M-2) zoning on Balzer Road. The applicant previously
provided noise assessments that justified the appropriateness of residential uses in the area
provided several building design techniques, noise berms and warning clauses were utilized.
The subject zone change actually proposes to eliminate more residential zoning/land use in the
vicinity of the noise sources and the future multiple dwellings are intended to be sited to act as a
noise mitigation technique for the surrounding area as well.
Community Input
There was one response received on behalf of the adjacent developer to the west. The
response had questions regarding traffic matters, servicing, schools, mapping and zoning.
These questions have primarily been answered through the additional work between all parties
as part of an OMB hearing in this area and within the explanation and proposed Zoning By-law
within this report.
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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
Several of the existing conditions of approval are proposed to be modified to reflect the changes
in former Stage 4 (now Stage 3) and the parkland provision. In addition, there are several
conditions that were related to Stages 1 and 2 only and those stages have now been registered.
Further, since this subdivision is still under the old method of draft approvals and subdivision
agreement, there are several conditions from the Regional draft approval that are a duplication
of the City conditions and therefore are to be omitted. The following is a summary of the
modifications to the subdivision conditions:
Condition #1
· Revised to reflect the modified stages, block and unit numbers. Note that the registered
plan lot/unit numbers are shown for Stages 1 and 2; however through part lot control after
registration these numbers have changed.
Condition #6
· Deleted as former region condition that was duplication to City condition re: parkland
dedication.
Condition #8
· Deleted as duplication of City SWM condition.
Conditions #9, 10, 11, 20, 26-28 inclusive
· Deleted as duplication w/ city conditions.
Condition #12-15 inclusive and #31
· Deleted as duplication or blocks have already been conveyed through the registration of
Stages 1 or 2.
Condition #25
· Deleted as the updated noise study implementation recommendations are in Condition #36
which remains.
Condition #29
· Combined with Condition #73 and Clearance Conditions and therefore deleted.
Condition #30
· Approval authority is added.
Conditions #33 and 39
· Deleted as there is now the Regional Road Access Permit process.
Condition #35
· This condition was amended to reflect the latest approved implementation of the traffic study
measures. Roundabouts are now proposed as intersection designs at Block Line/
Fallowfield Drive and Block Line/Homer Watson Blvd.
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Condition #37
· Previously required that the current draft approved Stage 3 not be developed until the
adjacent plan of subdivision. This area is now one Block to be dedicated to the City for
woodlot conservation and not to be developed and therefore the registration timing condition
is no longer required.
Condition #38
· The alignment of Block Line Road extension is known and therefore this condition is deleted
Condition #40
· The old emergency access condition is deleted.
Condition #56
· Deleted as duplication with Condition #30.
Condition No. 57 (b)
· Deleted two street names that are no longer streets within revised Stage 3.
Conditions #62 & 63
· Deleted as the Block Line extension is not required for the development of these lands.
Condition #64
· Deleted as Fallowfield Drive is constructed.
Conditions #65 and 66
· Deleted as lands in Stages 1 and 2 have been conveyed.
Conditions #69, 83 and 84
· New requirements for parkland have been added. Condition #69 is amended to reflect the
revised parkland dedication requirements and the provision of parkland and remaining cash-
in-lieu payment. The lands for parks/open space purposes are required in a timely fashion,
especially given that the dwellings within Stages 1 and 2 are already under construction.
The park/open space blocks are proposed to be dedicated to the City immediately after the
developer has executed the Supplementary Subdivision Agreement for the subject
modifications. The park design and construction is to be completed as soon as possible and
no later than one year from this date.
Condition #74
· Added new open space Block 6 (Stage 3) for boundary markers.
Condition #82
· New condition that requires a Landscape Plan for the noise berm along the northeast side of
Fallowfield Drive with the intent to provide a consistent streetscape treatment and to be
implemented through the future site plan developments within Stage 3 once the driveway
locations are known.
Condition #85
· A new condition was added regarding the need for crosswalks and traffic control at the
intersection of Fallowfield Drive and Brisbane Drive across from the new location of the
neighbourhood park.
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Condition #86
· A new condition was added from Canada Post regarding central mailbox facilities.
Clearance Conditions and Notes - this section was moved from its previous location.
Various Conditions - Lot/Block/Stage numbers, approval authority and plan dates updated.
FINANCIAL IMPLICATIONS:
There will be immediate and ongoing Operations costs for the maintenance of the parkland,
streets, walkways, underground services and the stewardship of the wooded areas. In the long
term, there will be repair and replacement costs for most of the foregoing.
There will be financial implications of any decision to implement a roundabout intersection at
Block Line Road/Fallowfield Drive. As part of the traffic solutions for this area, two roundabouts
are proposed on Block Line Road - one at Homer Watson as a Regional Road and one at
Fallowfield Drive as a City street. The developers have been required to pay their portion of
improvements required at the Block Line/Fallowfield intersection attributable to their
developments. The Region would contribute the costs typically attributable to the installation of
signals. The remaining cost would be to the City. This item is to be considered as part of the
Capital Budget process for the Block Line Road extension item, currently scheduled for 2008.
COMMUNICATION:
Preliminary circulation of this application was undertaken on April 8, 2005 to
department/agencies and all property owners within 120 metres of the site. The comments
received are attached as Appendix C. There was one response received on behalf of the
adjacent developer. In accordance with Council Policy, a copy of this report will be sent to
those within 120 metres as it has been more than one year since the preliminary circulation.
CONCLUSION:
In summary, the development applications help support the completion of an infill subdivision in
the Country Hills East neighbourhood. The subdivision will provide a mix of housing including
apartments and townhouses located adjacent to a Mixed Use Node and future transit route.
The development should be compatible with the surrounding area and supports the Province's
Places to Grow, the Regional Growth Management Strategy and the City's intensification
objectives.
Brandon Sloan, MCIP, RPP
Senior Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments:
Proposed Modified Plan of Subdivision
Proposed Municipal Plan Amendment and Schedule "A"
Proposed Zoning By-law and Map No.1
Newspaper Advertisement
Appendix 'A' - Recommendations
Appendix 'B' - Circulation Letter and Internal/Agency Comments
Appendix 'c' - Community Comments
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Appendix" A"
Recommendations
A. That staff be directed to confirm with the adjacent subdivider (Gmach) any
modifications that may be required to the adjacent Draft Approved Plan of
Subdivision 30T-86036.
B. That Municipal Plan Amendment Application MP 02/03/C/BS for the purpose of
permitting a maximum height of 12 storeys for residential buildings (on Block 1,
Stage 3 of Plan of Subdivision 30T -86035) on lands legally described as part of Lot
2, 8 & 13, Plan 1482, in the City of Kitchener, be approved in the form shown in the
attached Municipal Plan Amendment.
C. That Zone Change Application ZC 02/04/C/BS for the purpose of changing the
zoning to Residential Eight Zone (R-8) with special regulation provision 373R, Public
Park Zone (P-1), Open Space Zone (P-2) and Hazard Land (P-3) instead of
Residential Six Zone (R-6), Major Institutional Zone (1-3), Residential Seven Zone (R-
7), Residential Four Zone (R-4), Hazard Land Zone (P-3); on lands legally described
as Lots 8, 13 & 20 and Part of Lot 2, R.C.P. 1482, in the City of Kitchener, be
approved in the form shown in the attached "Proposed By-law, dated July 28, 2006
without conditions.
D. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act, R.S.O.
1990, c.P. 13, as amended, and delegation By-law 97-061 of the Regional
Municipality of Waterloo, hereby modifies the draft approval for Plan of Subdivision
Application 30T-86035, for Drewlo Holdings Inc., as follows (asterisk indicates
revised conditions and bold indicates revision):
*1. That this approval applies to Plan of Subdivision 30T-86035, for Drewlo Holdings Inc., in
the City of Kitchener, plan # 8027-COMM-WATE-KITC-R, by MacNaughton Hermsen
Britton Clarkson Planning Limited dated November 12th, 1991, as amended and on City of
Kitchener plan dated July 12, 2006 showing:
Staae 1 (58M-327)
*Lots 1-28, 80-92
*Lots 29-79
Blocks 93 & 94
Block 95
Block 96
Block 97
Block 98
Block 99
Blocks 1 00-1 06
Land Use
- semi-detached residential
- single detached residential
- multiple residential
- neighbourhood commercial
- access to adjoining lands
- walkway
- open space
- drainage corridor
- 0.3 metre reserves
Units (max)
82
51
121
Subtotal
254
Staae 2 (58M-328)
*Lots 1-46
Blocks 47,48
Block 49
Land Use
- single detached residential
- Balzer Greenway
- stormwater management
Units (max)
46
Block 50
Block 51
Block 52
Block 53
Block 54
Block 55
Blocks 56, 57
- open space
- park
- walkway
- multiple residential
- future development
- neighbourhood commercial
- 0.3 metre reserves
81
Subtotal
127
Staae 3
Block 1
Block 2
Block 3
Blocks 4, 5
Block 6
Blocks 7, 8
Blocks 9, 10
Land Use
- multiple residential
- multiple residential
- multiple residential
- neighbourhood park
- open space (neighbourhood park)
- stormwater management
- 0.3m reserve
Units (max)
677
96
57
Subtotal
830
Staae 4
Lots 1-24
Land Use
- single detached residential
Units (max)
24
Subtotal
24
Total
1235
*Single and semi detached dwelling lots and unit numbers in Stages 1 and 2 changed following
registration through part lot control for a total in Stage 1 of 235 units and the total units in Stage 2
remain at 127.
2. Omitted.
3. That any dead ends and open sides of road allowances created by this plan of subdivision
shall be terminated in 0.3 metre reserves, to be conveyed to the City of Kitchener and held
in trust by the City of Kitchener until required for future road allowances or the
development of adjacent land.
4. That the road allowances included in this draft plan of subdivision shall be dedicated as
public highway to the appropriate road authority.
5. That temporary turning circles shall be established as shown on the draft plan.
*6. Omitted.
7. That the owner agrees to stage the development of this subdivision in a manner
satisfactory to the City of Kitchener.
*8. Omitted.
*9. Omitted.
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*10. Omitted.
*11. Omitted.
*12. Omitted.
*13. Omitted.
*14. Omitted.
*15. Omitted.
16. That Block 96 (Stage 1) is intended to be conveyed to the abutting property owners of
those lands legally described as Reserve Block "J" and Part of Reserve Block "H",
Registered Plan 1329, and Lot 1 Compiled Plan 1482 more particularly described as Parts
2 and 3 of Reference Plan 58R-7081 for access purposes to Fallowfield Drive, either by
consent prior to the registration of Stage 1, or immediately subsequent to the registration
of Stage 1. In the event conveyance of Block 96 (Stage 1) to the abutting land owners
does not occur in accordance with the above, Block 96 (Stage 1) shall be conveyed to the
City of Kitchener immediately subsequent to the registration of Stage 1, and held until
such time as the City has received confirmation from the owners that they are in receipt of
the appropriate compensation from DGMS Developments Ltd. (or associated company),
and at such time, the City shall convey Block 96 (Stage 1) to the owner of the abutting
lands for access purposes. Block 96 (Stage 1) shall not be used until such time as
Fallowfield Drive is constructed and open as a public highway.
17. Omitted.
18. That the owner agrees in writing with the City of Kitchener to satisfy all the requirements,
financial and otherwise, of the municipality concerning the provision of roads, installation
of services, facilities and drainage.
19. That the subdivision agreement be registered by the City of Kitchener against the land to
which it applies and a copy be forwarded to the Regional Municipality of Waterloo prior to
final approval of the subdivision plan.
*20. Omitted.
21. That the owner agrees to install within the subdivision geodetic monuments under the
direction of the City of Kitchener with coordinates and elevations thereon and that the plan
submitted for registration show the locations of the monuments, their coordinate values,
elevations and code numbers as prescribed by the Surveyor General of Ontario.
22. That such easements as may be required for utility or drainage purposes shall be granted
to the appropriate authority.
23. The owner agrees to make satisfactory arrangements with Bell Canada for the provision of
permanent or temporary telephone services to this plan.
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24. The owner agrees to make satisfactory arrangements with Kitchener-Wilmot Hydro for the
provision of permanent or temporary electrical services to this plan.
*25. Omitted.
*26. Omitted.
*27. Omitted.
*28. Omitted.
*29. Omitted.
*30. That prior to the final approval and any grading, 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 SUBDIVIDER, to the satisfaction of the
Regional Municipality of Waterloo.
*31. Omitted.
32. That prior to final approval, the owner shall undertake at the owner's expense, a water
pressure study to the satisfaction of the Region's Commissioner of Engineering and
agrees to implement the approved mitigation measures.
*33. Omitted.
34. Omitted.
35. The SUBDIVIDER agrees to complete the following road improvements as identified
in the Country Hills Development Traffic Impact Study, prepared by Paradigm
Transportation Solutions Limited dated February 2003, and all subsequent
addendums, to the satisfaction of the CITY'S Director of Engineering Services:
a) In this regard, the SUBDIVIDER agrees that prior to either the registration of
Stage 3 or immediately prior to the commencement of construction of the Block
Line Road extension (whichever comes first), the SUBDIVIDER must provide the
City with the financial resources to implement the following road improvements:
i) a 19 metre east-bound right-turn lane on Block Line Road at Fallowfield Drive;
ii) a 28 metre west-bound left-turn lane on Block Line Road at Fallowfield Drive.
It is understood that the financial resources for the road improvements noted above
will be calculated by the SUBDIVIDER'S engineer, with the cost estimates to be
approved by the CITY'S Director of Engineering Services. The satisfaction of the
financial resource requirements as detailed herein represents the SUBDIVIDER'S
responsibilities with respect to road improvements necessary to register Stage 3. It
is further understood that the CITY will use the financial resources provided by the
SUBDIVIDER to implement the road improvements as detailed herein, or
alternatively, the SUBDIVIDER'S financial contribution will be used by the CITY
towards the construction of a roundabout at the intersection of Block Line Road
and Fallowfield Drive.
13
b) The SUBDIVIDER agrees that either prior to the registration of Stage 3 or
immediately prior to the commencement of construction of the Block Line Road
extension (whichever comes first), to dedicate to the CITY, the lands for the Block
Line Road extension as shown on the attached Plan of Subdivision dated July 12,
2006.
*36 a) That the SUBDIVIDER agrees to include the following noise warning clause in all
offers to purchase and rental agreements:
"WARNING CLAUSE
Purchasers and Renters are advised that this property is in proximity to existing
industrial facilities, which at times may generate noise levels which are audible. "
b) That the SUBDIVIDER enter into an agreement with the City of Kitchener that, prior
to the issuance of building permits for Lots 1, 2 12 to 21 , 67 and 86 to 92 (Stage 1) ,
the developer shall to construct and maintain a 4.5 metre high noise berm along the
east side of Fallowfield Drive from a point across from Lot 2, Stage One to the Balzer
Road right-of-way as shown on Figure 11 of the "Country Hill East Noise Mitigation
Plan", dated June 17, 2004. The top of berm elevation should be a minimum of 4.5
metres above the elevation of the centerline of Fallowfield Drive along the entire
extent.
c) That the SUBDIVIDER enters into a maintenance agreement with the City of
Kitchener for the noise berm as noted in clause (b) above as follows:
"The owner agrees to preserve the function of and to maintain the noise barrier
upon the lands. The purpose of the barrier is to attenuate stationary noise from
nearby industrial facilities. The owner agrees that the City, through its employees
and agents, has the right to enter onto the lands to inspect the noise barrier. The
owner agrees to repair, or if necessary, replace the noise barrier upon receipt of a
written notice from the City, as the City deems necessary, the owner agrees that
the City may undertake such work upon the expiration of the time set out in the
notice. If such work is undertaken by the City, the owner agrees to permit entry
upon the lands for this purpose and agrees to reimburse the City fully for all costs
undertaking such work."
d) That the SUBDIVIDER grant a permanent easement to the City of Kitchener as
shown on Figure 11 of the "Country Hill East Noise Mitigation Plan", dated June 17,
2004 for the purpose of providing for the construction of the 4.5 metre high noise
berm by the developer.
e) That the SUBDIVIDER enter into an agreement with the City of Kitchener that, prior
to the issuance of a building permit for Lot 67 (Stage 1), the developer construct and
maintain a 2.5 metre high noise wall along the exterior side yard adjacent to
Fallowfield Drive and returning along the rear property line as shown on Figure 11 of
the "Country Hills East Noise Mitigation Plan", dated June 17, 2004. The wall must
be of a continuous construction with a minimum surface density of 20kg/square
metre and be free of gaps or cracks within or below its extent. The wall shall
comply with the CITY'S Fence By-law and shall have landscaping installed
between the wall and the Fallowfield Drive right-of-way to the satisfaction of
14
the CITY'S Director of Planning. The wall is not required if the noise berm along
the east side of Fallowfield Drive is constructed and maintained up to the Balzer
Road right-of-way.
f) That the SUBDIVIDER enters into a maintenance agreement with the City of
Kitchener for the noise wall, if required, as noted in clause (e) above as follows:
"The owner agrees to preserve the function of and to maintain the noise barrier
upon the lands. The purpose of the barrier is to attenuate stationary noise from
nearby industrial facilities. The owner agrees that the City, through its employees
and agents, has the right to enter onto the lands to inspect the noise barrier. The
owner agrees to repair, or if necessary, replace the noise barrier upon receipt of a
written notice from the City, as the City deems necessary, the owner agrees that
the City may undertake such work upon the expiration of the time set out in the
notice. If such work is undertaken by the City, the owner agrees to permit entry
upon the lands for this purpose and agrees to reimburse the City fully for all costs
undertaking such work."
g) That prior to applying for or being issued any building permits for Lots 1, 2, 12 to
21 and 86 to 92 (Stage 1), the SUBDIVIDER provides the City's Chief Building Official
with a certificate from a Professional Engineer indicating that mitigation measures
including no second storey windows to noise sensitive spaces (e.g. bedrooms, living
rooms) on the front facades of the dwelling units facing the stationary (industrial)
noise sources are proposed.
h) That prior to applying for or being issued any building permits for Lot 67 (Stage1),
the SUBDIVIDER provides the City's Chief Building Official with a certificate from a
Professional Engineer indicating that mitigation measures including no second storey
windows to noise sensitive spaces (e.g. bedrooms, living rooms) on the exterior side
facade of the dwelling units facing the stationary (industrial) noise sources are
proposed.
i) That prior to applying for or being issued any building permits on Block 53 and
Block 54 (Stage 2), the SUBDIVIDER shall prepare a noise study to indicate to the
Regional Municipality of Waterloo, methods to be used to abate noise impacts from
stationary (industrial) sources of noise within 500 metres for all residential units and if
necessary, shall enter into an agreement with the City of Kitchener to provide for the
implementation of the approved noise study.
j) That prior to applying for or being issued any building permits for Lots 1 to 4, 11 to
14, 39 to 46 (Stage 2) and all residential units proposed for Block 53 (Stage 2)
adjacent to Fallowfield Drive, the SUBDIVIDER provides the City's Chief Building
Official with a certificate from a Professional Engineer indicating that mitigation
measures including no second storey windows to noise sensitive spaces (e.g.
bedrooms, living rooms) on the front facades of the dwelling units facing the
stationary (industrial) noise sources are proposed. The dwelling units on these lots
and Block 53 should have roof lines parallel to Fallowfield Drive and be of sufficient
height and sufficient frontage that they shield the noise sensitive windows and
outdoor living areas of adjacent dwellings to the west. The dwelling units should be
located as close to the street as possible and designed to orient outdoor amenity
space to the rear of the units.
15
k) That prior to applying for or being issued any building permits for Lots 5, 10, 15
and 32 to 38 (Stage 2) the SUBDIVIDER enters into an agreement with the City of
Kitchener to construct and maintain a 2.2 metre high noise barrier located 0.15
metres onto the eastern side yards of Lots 5, 1 0 and 15 and the rear yard of lots 32
to 38 to limit noise exposure in the outdoor amenity areas.
I) That the Owner enters into a maintenance agreement with the City of Kitchener for the
noise barrier as noted in clause (k) above as follows:
"The owner agrees to preserve the function of and to maintain the noise barrier upon
the lands. The purpose of the barrier is to attenuate stationary noise from nearby
industrial facilities. The owner agrees that the City, through its employees and
agents, has the right to enter onto the lands to inspect the noise barrier. The owner
agrees to repair, or if necessary, replace the noise barrier upon receipt of a written
notice from the City, as the City deems necessary, the owner agrees that the City
may undertake such work upon the expiration of the time set out in the notice. If
such work is undertaken by the City, the owner agrees to permit entry upon the
lands for this purpose and agrees to reimburse the City fully for all costs
undertaking such work."
m) That prior to applying for or being issued any building for Lots 5, 10, 15 and 32 to
38 (Stage 2) and all residential units proposed for Block 53 (Stage 2), the
SUBDIVIDER provides the City's Chief Building Official with a certificate from a
Professional Engineer indicating that mitigation measures including no second storey
windows to noise sensitive spaces (e.g. bedrooms, living rooms) facing the
stationary (industrial) noise sources are proposed.
n) That the SUBDIVIDER enter into an agreement with the City of Kitchener that, prior
final site plan approval of Block 53 (Stage 2), the developer shall prepare a noise
study to indicate to the Regional Municipality of Waterloo, methods to be used to
abate stationary noise levels from the Budd Automotive facility for all residential units
and if necessary, shall enter into an agreement with the City of Kitchener to provide
for the implementation of the approved noise study.
0) omitted.
p) That prior to the registration of Stage 3, the SUBDIVIDER enter into an
agreement with the City of Kitchener that prior to site plan approval for each of
Blocks 1, 2 and 3 within Stage 3, the SUBDIVIDER shall prepare a detailed noise
study to indicate to the Regional Municipality of Waterloo, methods to be used to
abate stationary noise levels from the railway yard to the north and northwest
(Huron Park Yard) and nearby industrial facilities (such as Triple M Metals) for all
residential units on Blocks 1, 2 and 3 (Stage 3) and if necessary, shall enter into an
agreement with the City of Kitchener to provide for the implementation of the
approved noise study. The study would investigate the use of building setback,
building orientation and architectural solutions (e.g. blank facades, shielding by
parking garages, enclosed balconies, central air conditioning, special glazing,
masonry facades) and any other site plan control methods as the preferred methods
of noise abatement.
16
q) That prior to the registration of Stage 4, the SUBDIVIDER shall enter into an
agreement with the City of Kitchener to prepare a noise study to indicate to the
Regional Municipality of Waterloo, methods to be used to abate stationary noise
levels from the railway yard to the north and northwest (Huron Park Yard) and
nearby industrial facilities (Triple M Metals) for all residential units within Stage 4
and, if necessary, shall enter into an agreement with the City of Kitchener to provide
for the implementation of the approved noise study.
r) That the SUBDIVIDER enters into an agreement with the City of Kitchener to include
the following noise warning clause for all residential units within 300 metres of CNR's
railway right-of-way as shown on Figure 11 of the "Country Hill East Noise Mitigation
Plan", dated June 17,2004:
"WARNING CLAUSE
Canadian National Railways Company (CNR) or its assigns or successors in
interest has or have a right-of-way within 300 metres from the land subject hereof.
There may be alteration to or expansions of the railway facilities on such rights-of-
way in the future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which expansion may affect
the living environment of the residents in the vicinity, notwithstanding the inclusion
of any noise and vibration attenuation measures in the design of the development
and individual dwellings. CNR will not be responsible for any complaints or claims
arising from the use of such facilities and/or operations on, over or under the
aforesaid rights-of-way. "
*37. omitted.
*38. omitted.
*39. omitted.
*40. omitted.
*41. That the applicant shall satisfy all of the requirements for the City of Kitchener contained in
the resolution of the City of Kitchener Council dated May 19, 1992 as modified by the
Council resolutions of September 21, 1992, January 11, 1993 and by the General
Manager of Planning and Development on April 12, 1995 and the Director of Planning on
August 23rd, 2002 and July 15, 2004 subject to Conditions 1 to 40 herein.
CITY OF KITCHENER CONDITIONS ISSUED ON MAY 19, 1992, AS REVISED SEPTEMBER
21, 1992, JANUARY 11, 1993, APRIL 12, 1995, AUGUST 23,2002 AND JULY 15,2004 SHALL
FURTHER BE REVISED AS FOLLOWS:
That the SUBDIVIDER enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands outlined on the attached Plan of Subdivision
dated July 12, 2006, and that the following special conditions shall be written therein:
*50. That the final plans for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated July 12, 2006, providing that minor amendments to
17
said plan are 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. The subdivision should be registered in four (4) stages, with Stage 1 consisting of Lots 1
to 92 inclusive and Blocks 93 to 106 inclusive; Stage 2 shall consist of Lots 1 to 46
inclusive and Blocks 47 to 57 inclusive; Stage 3 shall consist of Blocks 1-10; Stage 4
shall consist of Lots 1-24 inclusive; all as shown on the Plan of Subdivision attached
hereto, dated July 12, 2006, and in accordance with the following:
(a) That Stages 2, 3 and 4 of this Plan of Subdivision may register immediately
consecutive with or subsequent to Stage 1 of this Plan;
(b) omitted.
(c) omitted.
*52. Prior to grading or registration, whichever comes first, the SUBDIVIDER shall submit
for the approval of the City's Engineering Services in consultation with the City's Community
Services Department, Hydro One and the Grand River Conservation Authority a detailed
engineering design for storm water management. Further, the SUBDIVIDER agrees to
implement all required measures as outlined in the approved final plan.
*53. Prior to grading or registration, whichever comes first, the SUBDIVIDER shall submit a
Grading, Drainage and Erosion Control Plan for the approval of the City's Engineering
Services, in consultation with the City's Community Services Department, the Grand River
Conservation Authority and Hydro One. Said engineering design shall include provision
for any required erosion and siltation control features to be installed both during and
after construction stages of each stage of the Plan of Subdivision. Further, the
SUBDIVIDER agrees to implement all required measures as outlined in the approved
final plan.
*54. That the street names within the entire Subdivision Plan shall be named as shown on the
attached Plan of Subdivision dated July 12, 2006.
*55. That all construction traffic to and from the proposed subdivision development shall be
restricted to Homer Watson Boulevard and Bleams Road, except for Stage 3. Construction
traffic shall be prohibited from using Block Line Road west of Homer Watson Boulevard,
except for Stage 3. The SUBDIVIDER agrees to advise all relevant contractors, builders
and other persons of this requirement with the SUBDIVIDER being responsible for any
signage, where required all to the satisfaction of the City's Director of Transportation
Planning.
*56. Omitted.
*57. To construct 1.5 metre wide concrete sidewalks along the following streets, all to the
satisfaction of the City's Engineering Services:
(a) Both sides of Block Line Road and the north side of Bleams Road along the frontage of
the plan of subdivision;
18
(b) Both sides of Fallowfield Drive, Hanover Street, Joshua Street, Anastasia Drive and
Fallview Street;
(c) Both sides of Brisbane Drive extending from Fallowfield Drive to Joshua Street and
then extending along the southerly side of Brisbane Court to Walkway Block 97;
(d) Prior to servicing of Stage 4, the SUBDIVIDER shall make arrangements for
sidewalks on both sides of Jeffrey Place.
58. To obtain from the Grand River Conservation Authority, a 'Fill, Construction and Alteration
to Waterways Permit' under Ontario Regulation 154/86. Such permit shall be obtained
prior to on-site grading, the installation of services and prior to the City's release of each
stage of the Subdivision Plan for registration purposes.
*59. 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, the SUBDIVIDER
agrees 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 Registration of either Stages 1 (save and except for Fallowfield Drive
between old Balzer Road and Bleams Road), 3 or 4 of the Plan of Subdivision,
the SUBDIVIDER shall submit a Detailed Vegetation Plan for each applicable
Stage to the CITY'S Director of Planning for approval.
b) Prior to any area/rough grading, servicing or building permit issuance for Stage 2
or Fallowfield Drive only between old Balzer Road and Bleams Road as part of
Stage 1 of the Plan of Subdivision, the SUBDIVIDER shall submit a
comprehensive Detailed Vegetation Plan for the entire Stage 2 lands to the
CITY'S Director of Planning for approval.
c) That no area/rough grading or servicing 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 or servicing have been satisfactorily
implemented and written certification from the Subdivider's Environmental
Consultant to the CITY'S Director of Planning has been provided and the
SUBDIVIDER has received written authorization from the City's Engineering
Services to proceed with such grading.
d) That a Tree Preservation/Enhancement Plan will be required, prior to any
application for issuance of 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 a lot than as approved on the Detailed Vegetation
Plan and on lots or blocks which revised grading will have an adverse effect upon
the Detailed Vegetation Plan as determined by the CITY'S Director of Planning.
e) To implement recommendations and measures contained in the approved
Detailed Vegetation Plan, Tree Preservation/ Enhancement Plan (if applicable),
and be responsible for providing all such information to all of its heirs, executors,
19
administrators, successors and assigns, to ensure that the requirements outlined
in said plan(s) are carried out as specified.
f) In the event that construction causes 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 SUBDIVIDER'S Environmental
Consultant who approved the prepared plan. In cases where a tree suffers major
irreparable damage, or is judged to be unsafe, in the opinion of the
SUBDIVIDER'S Environmental Consultant or the CITY'S Director of Planning,
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 the "Guide for Plant
Appraisal" of the International Society of Aboriculture, latest edition. Tree
replacements shall be on the same lot or block as the tree requiring removal or at
a location requiring enhancement within the subdivision. Furthermore, such
remedial measures or tree replacements shall be approved and implemented to
the satisfaction of the CITY'S Director of Planning prior to the occupancy of the
units or, due to weather conditions, by the next planting season.
60. That Block 95 (Stage 1) shall only be used as a lot consolidation with the abutting proposed
neighbourhood Commercial Block legally described as Block K, R.P. 1335; Pt Lot 5, R.P.
1 028; and Pt Lot 2 Reg Compiled Plan 1452. Said Block 95 shall be conveyed at such time
as requested by the adjacent landowner at market value.
61. That no building permits shall be applied for or issued for Block 54 (Stage 2) until such time
as the Grand River Conservation Authority has determined the limit of the floodline and a
Zone Change is approved to determine the ultimate use of the site. Upon approval of a Zone
Change and immediately upon request by the SUBDIVIDER, the City agrees to convey the
0.3 metre reserve, Block 104 (Stage 1), back to the SUBDIVIDER.
*62. Omitted.
*63. Omitted.
*64. Omitted.
*65. Omitted.
*66. Omitted.
*67. To convey to the City, at no cost and free of encumbrance, the following lands for the
purposes stated therein, concurrently with the registration of Stage 3 of the Plan of
Subdivision:
(a) Blocks 7 and 8 for stormwater management purposes;
68. Omitted.
*69. The SUBDIVIDER shall satisfy the total 1 ha/300 unit and 20/0 parkland dedication for
the entire subdivision, which dedication is 4.061 hectares (calculated as follows: 1216
units @ 1 ha/300u and 0.375ha commercial @ 20/0), by both the conveyance of Block 51
(Stage 2) and Blocks 4-6 inclusive (Stage 3), at no cost and free of encumbrance,
which will satisfy 3.897 hectares of the dedication and a cash-in-lieu contribution for
20
the remainder of the dedication, equivalent to the value of 0.164 hectares of land, with
the value of the land determined as of the day before the day of draft approval. The
remaining cash-in-lieu of parkland shall be paid to the CITY prior to the registration of
Stage 3 or any site plan approval on Stage 3, whichever comes first.
70. To fill, compact and grade in both preliminary and finished form, topsoil and seed/sod Block
51 (Stage 2) to the satisfaction of the City's Community Services Department, to be
completed in conjunction with the timing of grading of surrounding residential development,
not to exceed two years from the registration of Stage 2 of the subdivision plan or at an
alternate time approved in writing by the City's Community Services Department.
71 . Omitted.
72. To construct temporary turning circles to City standards on Anastasia Drive within Lots 8 and
9 and on Fallview Street within Lot 18 all within Stage 2 as shown on the attached Plan of
Subdivision. Said turning circles shall be designed, located and ultimately removed to the
satisfaction of the City's Engineering Services, at such time as the respective streets are
extended through the adjacent Plan of Subdivision 30T-88036. No building permits shall be
issued for Lots 8, 9 and 18 (Stage 2) until the temporary turning circles are removed.
*73. The SUBDIVIDER agrees that prior to any grading of Stage 3 and prior to
registration of Stage 3, to make satisfactory arrangements with Hydro One with
respect to any of the following that may be required:
a) the installation of any temporary and permanent fencing along the Hydro
lands; and
b) the costs for any relocations, revisions or damage of Hydro One facilities
that may be required as part of the construction of the subdivision.
*74. The SUBDIVIDER agrees to install a permanent 1.2 metre high wire fence or an alternative
marking system along the boundary of Block 98 (Stage 1), Blocks 47, 48 and 50 (Stage 2)
and Block 6 (Stage 3) where these blocks abut residential lots or blocks, prior to occupancy
of any residential lots or blocks that abut the aforementioned open space blocks, or at
such time as required by the City's Community Services Department. Further, the
SUBDIVIDER agrees to include a statement advising of the fencing or marking system
requirement in all Offers to Purchase and Agreements of Purchase and Sale for any Lots or
Blocks abutting Block 98 (Stage 1) and Blocks 47, 48 and 50 (Stage 2).
75. Omitted.
*76. Omitted.
77. To convey Block 55 (Stage 2) to the easterly abutting property owner of those lands legally
described as Lot 9, Municipal Compiled Plan 1482 as a lot consolidation, immediately upon
request of such owner at market value plus half the tendered contract price of Fallowfield
Drive along the property's entire frontage.
78. To notify all purchasers of Block 54 (Stage 2) by including in all Offers of
Purchase/Agreements of Sale and Rental Agreements, a warning clause stating that due to
the existing location of a Hydro Transformer Station on Bleams Road, excessive noise may
be generated which may occasionally interfere with the enjoyment of the property.
21
*79. Omitted.
80. The SUBDIVIDER agrees to enter into an agreement with the City, to be approved by the
City Solicitor, that shall require a Conservation Easement Agreement for a portion of Block
53 (Stage 2), as conceptually shown on the attached Schedule "A", prior to Site Plan
Approval for said Block, which agreement shall be registered on title to Block 53 (Stage 2).
81. In the event the owner accesses the sanitary sewer outlet to the Schneider trunk sanitary
sewer through lands of third parties, the SUBDIVIDER at the SUBDIVIDER'S expense shall
obtain all necessary easements or licenses from such third parties in favour of the City as
may be necessary for such purposes in a form satisfactory to the City. The SUBDIVIDER
shall be responsible for the costs of the installation of such sanitary sewer and the costs to
comply with all of the City's obligations to third parties under such easement or license. The
subdivision agreement shall include the SUBDIVIDER'S indemnity of the City in respect of
any claims or liabilities in respect of such easement or license with third parties.
*82. The SUBDIVIDER agrees that prior to any final site plan approval for any lands within
Blocks 1 or 2 (Stage 3), a Landscape Plan shall be prepared for the earthen berm
within Blocks 1 and 2 (Stage 3) to the satisfaction of the CITY'S Director of Planning.
Further, the SUBDIVIDER agrees that the Landscape Plan shall ensure that the
landscaping of the earthen berm provides a consistent theme across that portion of
Blocks 1 and 2 (Stage 3), and such consistency shall be required in any subsequent
site plan for any part of Blocks 1 or 2 (Stage 3). The landscaping shall be installed for
that portion of the berm within each site plan as a condition of the site plan approval.
*83. Immediately subsequent to the execution of a Supplementary Subdivision Agreement,
and prior to the registration of Stage 3 or September 1, 2007 whichever comes first,
the SUBDIVIDER shall dedicate Blocks 4-6 inclusive (Stage 3) to the CITY at no cost
(including reference plan and legal costs) and free of encumbrance.
*84. Immediately following the execution of the Supplementary Subdivision Agreement
and as soon as weather conditions permit, and no later than September 1, 2007, the
SUBDIVIDER shall design and construct the Neighbourhood Park Block 5 (Stage 3), to
the satisfaction of the CITY'S General Manager of Community Services. Any, and all,
construction costs of the park (including grading, topsoil, seeding, sodding,
installation of playground equipment and landscaping in accordance with the
approved Park Design) shall be paid for by the SUBDIVIDER and the applicable
construction costs shall be reimbursed to the SUBDIVIDER by the CITY through
Development Charge credits, otherwise payable at building permit stage for Stages 3
or 4. Prior to the registration of Stage 3, and no later than September 1st, 2007, the
SUBDIVIDER agrees to provide the CITY a Letter of Credit for 1000/0 of the park design
and construction costs that have not been completed at that time.
*85. Prior to servicing, registration or final approval of any consents within Stage 3, the
SUBDIVIDER shall make financial arrangements for the installation of any pedestrian
crosswalk, stop control measures (ie. stop signs) and any other required traffic
calming measure, such as curb extensions, at the intersection of Fallowfield Drive and
Brisbane Drive to the satisfaction of the CITY'S Director of Engineering Services.
*86. Prior to registration of Stage 4, the SUBDIVIDER shall determine the locations of all
centralized mail receiving facilities and make arrangements for the installation of said
22
facilities, to the satisfaction of Canada Post and the CITY'S Director of Engineering
Services. 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. Mail facilities for the
Blocks within Stage 3 shall be dealt with through the site plan process for each Block.
CLEARANCE CONDITIONS:
*1. That prior to the signing of the final plan by the CITY'S Director of Planning, the City is to
be advised by the Regional Municipality of Waterloo that Conditions 30 and 32 have been
carried out to their satisfaction. The clearance letter from the Regional Municipality of
Waterloo shall include a brief statement for each condition detailing how each has been
satisfied and carried out.
*2. That prior to the signing of the final plan by the CITY'S Director of Planning, the City is to
be advised by Bell Canada that Conditions 22 and 23 have been carried out to their
satisfaction with a brief but complete statement detailing how each condition has been
satisfied.
*3. That prior to the signing of the final plan by the CITY'S Director of Planning, the City is to
be advised by Kitchener-Wilmot Hydro that Conditions 22 and 24 have been carried out to
their satisfaction with a brief but complete statement detailing how each condition has
been satisfied.
*4. That prior to the signing of the final plan by the CITY'S Director of Planning, the City is to
be advised by the Grand River Conservation Authority that Condition 58 have been
carried out to their satisfaction with a brief but complete statement detailing how each
condition has been satisfied.
*5. That prior to the signing of the final plan by the CITY'S Director of Planning, the City is to
be advised by Hydro One that Condition 73 has been carried out to their satisfaction with
a brief but complete statement detailing how the condition has been satisfied.
NOTES:
1. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as
amended, under The Registry Act.
2. 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.
3. The owner/developer is advised that the provisions of the Development Charges By-laws
of the City of Kitchener and the Regional Municipality of Waterloo are applicable.
4. Draft approval will be reviewed by City of Kitchener Council from time to time to determine
whether draft approval should be maintained.
23
5. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Planning Sections of any changes in ownership, agent,
address and phone number.
6. 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 applications, recirculation, draft approval, modification to draft
approval and registration release of plans of subdivision.
*7. This draft plan was received before March 28, 1995 and shall be disposed of under the
Planning Act R.S.O., 1990, Chapter P.13 as amended as of that date.
8. To ensure that a Regional Release is issued by 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 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.
*9. 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 CITY'S Director of Planning signature will be
endorsed on the plan and it will be forwarded to the Registry Office for registration.
The following is required for registration and under The Registry Act and for our use:
One (1) original mylar
four (4) mylar copies
four (4) white paper prints
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