HomeMy WebLinkAboutDTS-05-108 - Draft Plan of Subdivision Application 30T-04201 - Municipal Plan Amendment MP 05/05/H/BS
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Development &
Technical Services
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Development and Technical Services Committee
June 27, 2005
Jeff Willmer, Director of Planning, 741-2325
Brandon Sloan, Planner, 741-2648
Ward 3
June 17, 2005
DTS-05-108-PL
Draft Plan of Subdivision Application 30T-04201
Municipal Plan Amendment MP 05/05/H/BS
Zone Change Application ZC 04/01/H/BS
Hidden Valley Community Plan Amendment
1038 Hidden Valley Road - Hidden Valley Community
Peter Kruse in Trust (Hidden Valley Estates)
City of Kitchener
and
Proposed Land Exchange
City of Kitchener and Peter Kruse in Trust
RECOMMENDATION:
A. That Council authorize a land exchange between the City of Kitchener and the owner of
1038 Hidden Valley Road (Peter Kruse in Trust) as shown in the attached Schedule "A"
and with all legal, survey and associated costs of the land transfer to be the
responsibility of the owner of 1038 Hidden Valley Road.
B. That Municipal Plan Amendment Application MP 05/05/H/BS for an amendment to Special
Policy # 3 (Hidden Valley), be aooroved, in the form shown in the attached 'Municipal Plan
Amendment', without conditions, and accordingly forwarded to the Region of Waterloo.
C. That Zone Change Application ZC 04/11/H/BS for a change in zoning from Residential One
Zone (R-1) with holding provision 26H and special use provision 186U, Residential One
Zone (R-1) with holding provision 26H, special use provision 186U and special regulation
provision 1 R, General Industrial Zone (M-2) and General Industrial Zone (M-2) with holding
provision 12HSR and special use provision 184U to Residential One Zone (R-1),
Residential One Zone (R-1) with special regulation provision 433R, Residential Two Zone
(R-2), Residential Two Zone (R-2) with special regulation provision 434R, Residential Two
Zone (R-2) with special regulation provision 1 R, Open Space Zone (P-2) and Hazard Land
Zone (P-3); on lands legally described as Part of Lot 8, Registrar's Compiled Plan 1519 and
Block 30, Registered Plan 1740, and municipally known as 1038 Hidden Valley Road, and
part of Part Lot 3, Plan 1522, Part Lot 11, Plan 995 and Part Lot 1, Plan 1519, in the City of
Kitchener, be aooroved in the form shown in the attached "Proposed By-law", dated June
3, 2005, without conditions.
D. That the "Hidden Valley Residential Community Plan" be amended by adding new Policy
3.3.8 as follows:
"3.3.8 Notwithstanding the Limited Service Residential designation within the
Hidden Valley Residential Community, municipally serviced single detached
dwellings shall also be permitted where a municipally-provided wastewater
collection system is determined to be feasible as approved by the
Development and Technical Services Department. Any such development
shall be compatible with the estate lots in the Hidden Valley Residential
Community to a maximum net residential density of 4 units per hectare."
E. That the City of Kitchener, pursuant to Section 51. (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of
Subdivision Application 30T-04201, in the City of Kitchener, for Peter Kruse in Trust
(Hidden Valley Estates), subject to the following conditions:
1. That this approval applies to Plan of Subdivision 30T-04201 for Hidden Valley Estates as
shown on the attached Plan of Subdivision prepared by MHBC Planning Ltd. dated June 3,
2005, which shows the following:
Stage 1
Lots 1-55
Block 56
Block 57
Block 58
Blocks 59, 60
Blocks 61, 62
Block 63
Total
Type
Single Detached Dwellings
Neighbourhood Park
Open Space I Stormwater Management
Walkway I Service Corridor
Future Residential Development
Open Space I Right-of-Way
Open Space I Berm
Maximum # Units
55
Residential
55 units
2. CITY OF KITCHENER CONDITIONS:
2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision
Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER, regarding the lands
shown outlined on the attached Plan of Subdivision dated June 3, 2005, provided that
the land exchange between the City of Kitchener and the owner of the subject
lands has been completed to the satisfaction of the City Solicitor and that the plan
of subdivision has been modified to include the additional lands and incorporate
any necessary conditions andwhich shall contain the following special conditions:
Section 2
Prior to Grading
2.11 The SUBDIVIDER shall obtain a demolition permit for the equestrian buildings
from the CITY'S Chief Building Official.
2.12 The SUBDIVIDER agrees to submit and implement a detailed "during-
development" monitoring and response program for the approval of the CITY'S
Director of Engineering Services, the CITY'S Manager of Design and
Development, and the CITY'S General Manager of Community Services in
consultation with the Grand River Conservation Authority and the Regional
Municipality of Waterloo. The purpose of the "during development" monitoring
program is to ensure the grading, construction and stormwater management
facilities satisfy the recommendation of the Scoped Environmental Impact Study
and General Vegetation Overview, prepared by Ecoplans limited dated June
2003. The primary purpose is to ensure erosion, sedimentation and siltation
control measures are maintained and function as approved, primarily in relation to
ESPA 28. The "during development" monitoring program is to extend until
substantial completion of the development to the satisfaction of the CITY'S
Director of Engineering Services.
The SUBDIVIDER further agrees to implement any remedial action deemed
necessary as a result of the aforementioned monitoring program at their sole
expense. This shall include any remediation due to sedimentation / siltation of
ESPA 28 caused by construction and building activities within the subdivision.
2.13 The SUBDIVIDER agrees to submit and implement a detailed "post development"
monitoring program for the approval of the CITY'S Director of Engineering
Services, the CITY'S Manager of Design and Development, and the CITY'S
General Manager of Community Services in consultation with the Grand River
Conservation Authority and the Regional Municipality of Waterloo. The purpose
of the "post development" monitoring program is to ensure that stormwater
management facilities continue to satisfy the recommendation of the Scoped
Environmental Impact Study and General Vegetation Overview and to identify
any specific additional maintenance requirements that may be necessary,
including but not limited to erosion, sedimentation and siltation control measures.
The "post development" monitoring program will extend for 24 months from the
substantial completion of the development to the satisfaction of the CITY'S
Director of Engineering Services and coincide with the maintenance guarantee
period required in the City's Standard Form Residential Subdivision Agreement.
The SUBDIVIDER further agrees to implement any remedial action deemed
necessary as a result of the aforementioned monitoring program at their sole
expense. This shall include any remediation due to sedimentation of ESPA 28
caused by construction and building activities within the subdivision. As part of
the monitoring program the SUBDIVIDER shall provide documentation confirming
the abandonment of monitoring wells in accordance with Ontario Regulation 903,
if applicable.
2.14 The SUBDIVIDER agrees that the final approved area grading plan shall include
a landscaped noise attenuation berm located at the rear of Lots 15 to 23,
inclusive and Block 63, the design of which shall be certified by a qualified
Acoustical Engineer, to the satisfaction of the CITY'S Director of Engineering
Services, in consultation with the Region of Waterloo. The noise attenuation
berm shall be in accordance with the recommendations outlined in the submitted
noise study entitled "Industrial Noise Investigation - Hidden Valley Subdivision"
prepared by HCG Engineering Limited dated December 29, 2003 and amended
May 19, 2005. The top of the berm shall generally be 8 metres above the
elevation of the upper floor windows of the future dwelling units. Furthermore, the
north end of the berm shall generally match with the existing natural berm behind
lots 15 to 18.
Section 3
Prior to Servicing
3.16 The SUBDIVIDER shall make satisfactory financial arrangements with the
CITY'S Director of Engineering Services for the construction of a 1.5 metre wide
pathway (asphalt, stonedust, or other agreed upon "hard surface" material) on
the south side of Hidden Valley Road from River Valley Street to Wabanaki
Drive.
3.17 The SUBDIVIDER agrees that the Class Environmental Assessment for sanitary
servicing shall be complete.
Section 6
Other Time Frames
6.10 The SUBDIVIDER agrees that during area grading construction traffic to and
from the proposed subdivision shall be restricted to using Goodrich or Wabanaki
Drive to Hidden Valley Road in accordance with the following:
a) for entering the site for area grading, construction traffic will be restricted to
the existing driveway (Block 60) or, only if necessary, via the first leg of
Hidden Valley Crescent to River Birch Street;
b) following the completion of area grading, construction traffic will be restricted
to enter the site via River Valley Street and the existing driveway (Block 60);
c) following servicing, construction traffic will be restricted to enter the site via
River Valley Street.
Construction traffic will be prohibited from using any other internal residential
streets in the community. The SUBDIVIDER agrees to advise all relevant
contractors, builders and other persons of this requirement with the
SUBDIVIDER being responsible for any required signage, including courtesy
notification to all property owners between River Valley Street and River Birch
Street at Hidden Valley Crescent prior to the commencement of area grading, all
to the satisfaction of the CITY'S Director of Engineering Services.
6.11 The SUBDIVIDER agrees that, notwithstanding any security arrangements, no
building permits shall be applied for or issued for a dwelling on any lands within
the subdivision until the sanitary pumping station, forcemain and their related
appurtenances are constructed and operational to the satisfaction of the CITY'S
Director of Engineering Services, and have been accepted by the City. However,
conditional building permits may be issued if the sanitary pumping station is
substantially complete to the satisfaction of the CITY'S Director of Engineering
Services, in which case no occupancy of any dwelling shall be permitted prior to
acceptance of such works.
It is acknowledged that these works, including design expenses, are included in
the City's Development Charge By-law 2004-156, as amended, and the City shall
be responsible for 100% of the cost of these works.
If sufficient money is not allocated from the appropriate City Development
Charge Account(s) to permit the City to fund these works and the SUBDIVIDER
wishes to proceed, the SUBDIVIDER agrees to provide and up-front the cost of
these works, and a shall enter into a 'Front-End Financing' Agreement with the
City, to the satisfaction of the City Solicitor in consultation with the CITY'S
Director of Engineering Services.
Accordingly, the City agrees to recognize any monies paid by the SUBDIVIDER
for any works or services normally paid out of the City's Development Charge
Account, with such monies representing a credit towards any City Development
Charge payable for each lot or block only within the registered plan. Said credit
shall be granted for the Development Charge payable prior to the issuance of
building permits for those lots or blocks identified by the SUBDIVIDER and
included in a Supplementary Agreement with the City to be registered against the
title of each identified lot or block.
If the registration of the plan is staged, a Supplementary Agreement identifying
each lot or block for which credits are payable shall be registered for each stage
prior to the registration of each stage of the plan of subdivision, until there is no
outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will
be paid in the normal manner in accordance with the City's By-law.
If, following the registration of the entire plan of subdivision and issuance of all
building permits, there is any outstanding balance, it shall remain with the lands
to be used as a credit for future development, or alternatively, the City shall enter
into an agreement with the SUBDIVIDER, under Section 40 of the Development
Charges Act, to enable the transfer of Development Charge credits to other
benefiting lands within the community, subject to satisfactory arrangements being
made between all parties.
6.12 The SUBDIVIDER agrees to undertake any measures required to ensure proper
water pressure (not to exceed 85 psi - 60m head) to all lots and blocks within the
proposed development in accordance with local and provincial guidelines, to the
satisfaction of the CITY'S Director of Engineering Services or Chief Building
Official.
6.13 The SUBDIVIDER agrees that the following warning clauses shall be inserted in
all agreements of purchase and sale, and/or rental agreements, for Lots 1 to 55:
"Warning Clause:
Purchasers are advised that there are nearby industries. Effects may be
experienced, such as sound levels from these industries that may at
times be audible. "
6.14 The SUBDIVIDER shall enter into a maintenance agreement with the City of
Kitchener to include the following maintenance clause for Lots 15 to 23 and Block
63;
"The Owner agrees to preserve the function and to maintain the
landscaped noise berm upon the lands. The purpose of the berm 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 berm. The owner agrees to
repair, or if necessary, replace the noise berm 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 to
City fully for all costs associated with undertaking such work. "
6.15 The SUBDIVIDER agrees that no building permit shall be applied for or issued
for Future Development Blocks 59 and 60 until said lands have been
consolidated with an adjacent parcel of land or approval has been given by the
CITY'S Manager of Design and Development.
6.16 That prior to the issuance of the last building permit, the SUBDIVIDER shall
obtain a demolition permit for the existing building on Lot 39 from the CITY'S
Chief Building Official.
2.2 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
Manager of Design & Development 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 install within the subdivision any required geodetic
monuments under the direction of the CITY'S Director of Engineering Services with
co-ordinate values and elevations thereon and submit for registration the plans
showing the location of monuments, their co-ordinate values, elevations and code
numbers as prescribed by the Surveyor General of Ontario.
5. The SUBDIVIDER shall make satisfactory arrangements with Kitchener-Wilmot
Hydro for the provision of permanent electrical services to the subdivision and/or the
relocation of the existing services. Further, the SUBDIVIDER acknowledges that this
may include the payment of all costs associated with the provision of temporary
services and the removal of such services when permanent installations are
possible.
6. The SUBDIVIDER shall make satisfactory arrangements for the provision of
permanent telephone services to the subdivision and/or the relocation of the existing
services. Further, the SUBDIVIDER acknowledges that this may include the payment
of all costs associated with the provision of temporary services and the removal of
such services when permanent installations are possible.
7. The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply with
the following easement procedure:
a) to provide copies of the subdivision plan proposed for registration and reference
plan(s) showing the easements to HYDRO, and telephone companies and the
City, to the CITY'S Manager of Design & Development.
b) to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the CITY'S Director of
Engineering Services for municipal services;
c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/Enhancement Plan;
d) if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the CITY, the SUBDIVIDER shall obtain prior written
approval from the CITY'S Manager of Design & Development or, in the case of
parkland, the General Manager of the CITY'S Community Services Department;
and
e) to provide to the CITY'S Manager of Design & Development, a clearance letter
from each of HYDRO and telephone companies. Such letter shall state that the
respective utility company has received all required grants of easement, or
alternatively, no easements are required.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to
the 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).
9. 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 57 for open space / stormwater management;
b) Block 58 for service corridor / walkway purposes; and
c) Blocks 61 and 62 for open space / right-of-way.
10. Prior to registration of the plan or servicing whichever may come first, or at the
discretion of the CITY'S Director of Engineering Services, the SUBDIVIDER agrees
that the Class Environmental Assessment for sanitary servicing shall be completed.
11. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, which dedication is 0.738 hectares, by the conveyance of Block 56 to
the CITY, at no cost and free of encumbrance, which will satisfy the entire
dedication.
12. The SUBDIVIDER shall prepare park design plans for Park Block 56 to the
satisfaction of the CITY'S General Manager of Community Services. Further, the
SUBDIVIDER shall enter into an agreement with the CITY, to be prepared by the
CITY Solicitor, to the satisfaction of the CITY'S General Manager of Community
Services, that shall include the construction of the approved park design, at the
SUBDIVIDER'S cost, such as maintaining or altering the existing water feature and
aquatic habitat, shoreline alterations, water sources, connection to the SWM
system, landscaping and maintenance. Said agreement shall also establish the
timing of the above requirements.
13. 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 Manager of Design & Development, 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 Manager of Design & Development;
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 Manager of Design & Development;
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
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.
14. The SUBDIVIDER shall have landscape plans of the stormwater management
facility (Block 57) and the open space lands adjacent to River Valley Street (Blocks
61 and 62) prepared by an environmental professional acceptable to the CITY'S
General Manager of Community Services and to obtain therefrom, approval of such
plans.
15. The SUBDIVIDER shall complete the closure of the existing driveway on Block 60 to
the satisfaction of the CITY'S Director of Engineering Services.
16. To expedite the approval for registration, the SUBDIVIDER shall submit to the
CITY'S Manager of Design and Development, 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 WATERLOO 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."
4. That prior to the commencement of any area grading or construction on the site, and
prior to registration of the plan, the SUBDIVIDER shall submit the following plans
and reports to the satisfaction of the CITY"S Director of Engineering in consultation
with the Region of Waterloo:
a) A detailed Stormwater Management Report and plans.
b) An Area Grading, Erosion and Siltation Control Plan. The grading design for Lots
24 to 27 inclusive should be directed away from the adjacent ESPA 28 to avoid
the potential for sediment movement / erosion towards the ESPA slopes during
construction. Temporary fencing should be erected along the rear lot lines of
Lots 24 to 27 inclusive to discourage encroachment into ESPA 28 and the steep
valley.
c) A Lot Grading Control Plan. In order to optimize post-development infiltration
characteristics any imported fill materials should have similar textural and
permeability characteristics of the native soils. Infiltration measures should be
implemented for all lots to ensure pre-development infiltration volumes are
maintained and to discourage any negative impacts on the groundwater table
and seepage conditions. Vegetation and silt protection measures such as
temporary paige wire and silt fencing should be implemented prior to any
grading or site alteration and maintained until Lots 24, 25, 26 and 27 are
landscaped.
5. That prior to final approval the owner enter into an agreement with the Regional
Municipality of Waterloo to provide stewardship measures such as the provision of
an environmental brochure and signage as noted in the Scoped Environmental
Impact Study and General Vegetation Overview prepared by Ecoplans Limited
dated June 2003, for ESPA 28.
4. OTHER AGENCY CONDITIONS
1. That prior to the commencement of any area grading or construction on the site,
and prior to registration of the plan, the SUBDIVIDER shall submit the following
plans and reports to the satisfaction of the CITY"S Director of Engineering in
consultation with the Grand River Conservation Authority:
a) A detailed Stormwater Management Report and plans in accordance with the
2003 Ministry of the Environment and Energy Report entitled "Stormwater
Management Planning and Design Manual" and in keeping with the Preliminary
Stormwater Management Strategy, dated June 2003 and addendum dated May
3, 2005, prepared by Stantec Consulting Ltd.
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b) An Area Grading, Erosion and Siltation Control Plan in accordance with the
Grand River Conservation Authority's Guidelines for sediment and erosion
control, indicating the means whereby erosion will be minimized and silt
maintained on-site throughout all phases of grading and construction.
c) A detailed Lot Grading, Servicing and Drainage Plan.
2. That the SUBDIVIDER obtain approval and issuance of a Fill, Construction and
Alteration to Waterways Regulation Permit from the GRCA pursuant to Ontario
Regulation 149, as amended, prior to construction in a wetland and / or grading in
the Grand River Scheduled Area and / or construction of the stormwater
management outlet in the floodplain of the Grand River.
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the City's Manager of Design and
Development, the Manager shall be advised by the Regional Commissioner of
Planning, Housing and Community Services that Conditions 3.1-3.5 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 Manager of Design and
Development the Manager shall be advised by the Grand River Conservation
Authority (GRCA) that Conditions 4.1 and 4.2 have 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 Manager of Design and
Development the Manager shall be advised by the telephone company that
Conditions 2.2.5 and 2.2.7 have 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 Manager of Design and
Development the Manager shall be advised by HYDRO that Conditions 2.2.6 and
2.2.7 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.
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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, RS.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 stormwater management system meets the definition of a "sewage
works" as defined in the Ontario Water Resources Act. Therefore, approval of the
Director must be obtained under Section 53 of the Ontario Water Resources Act
prior to the construction of the proposed stormwater management system. The
proponent must ensure that the application for approval of sewage works, and
appropriate supporting information, 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 after May 22, 1996 and shall be processed
and finally disposed of under the Planning Act, RS.O. 1990, c. P.13, as
amended by S.O. 1996, cA (Bill 20).
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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 Manager of
Design & Development 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 (1) original mylar
Four (4) mylar copies
Four (4) white paper prints
EXECUTIVE SUMMARY:
The owner of lands municipally addressed as 1038 Hidden Valley Road has submitted draft
plan of subdivision and zone change applications for a large-lot residential subdivision on
approximately 14 hectares of land located on the north side of the Grand River, to the southeast
of the Goodrich Drive / Wabanaki Drive / Hidden Valley Road intersection in the Hidden Valley
Residential Community. Municipal Plan and Community Plan Amendments are also required.
The proposed applications would facilitate the development of the lands with 55 municipally
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serviced, single detached dwellings on minimum 24.0 metre wide lots, in addition to a
stormwater management area, neighbourhood park space and adjacent open space and trails.
BACKGROUND:
The Hidden Valley Residential Community Plan was prepared in the 1980's and City Council
approved the plan in July 1989. The Community Plan outlined the staging of new residential
development in the southern portion of Hidden Valley and contingent upon many factors,
including the need for a second means of vehicular access. Wabanaki Drive was constructed
from Goodrich Drive / Hidden Valley Road to Fairway Road in 2003. The holding provision for
most of the residential area that limited development until there was a second access was lifted.
Also, the Vace subdivision (Bridle Path Estates) located immediately to the east of the subject
lands, has been under construction for the past several years.
A draft plan of subdivision and zone change application for 1038 Hidden Valley Road was
circulated in April 2004. The owner's land has limited driveway frontage on Hidden Valley Road
and topographically is "bowl-shaped" with a large ridge along the westerly and northerly sides of
the property. The site contains two dwellings, a large equestrian building, man-made ponds,
vegetation, a portion of ESPA 28 (Petrifying Springs) and the Grand River Valley.
Development of the plan of subdivision is proposed to have sanitary servicing from a new
pumping station and forcemain (subject to the completion of a Schedule "B" Class
Environmental Assessment). With respect to the subdivision, the main issues have been
access roads, grading/berm, park/pond, the ESPA and adjacent lands. The City's Staging of
Development Report identifies these lands for consideration of potential subdivision approval in
the 2005A time frame. Accordingly, the applications are presented for the consideration of the
Development & Technical Services Committee.
REPORT:
Subdivision Layout and Design
The proposed subdivision should be a well-designed and attractive development. The
subdivision now proposes to have two permanent means of vehicular access. The first access
(and most likely the primary travelled route) is from River Valley Street, located between the
Goodrich / Wabanaki / Hidden Valley intersection and the first house on Hidden Valley Road,
and the second access is from Hidden Valley Crescent. Access to the subdivision has perhaps
been the largest issue with the development. The initial plans proposed a road to Hidden Valley
Crescent and an emergency access along future Wabanaki Drive. After many concerns were
raised with the proposal, the owner explored several different options for having two permanent
means of access to the subdivision. The preferred location has been determined to be through
lands owned by the City at Hidden Valley Road. With the two access roads as shown on the
attached plan, this allows the subdivision to comply with Council's Emergency Access Policy.
Also, the internal streets are to be 18 metre wide local roads and are to be designed to City
standards, even though there are significant grading issues with the subject lands.
The number of units proposed is 55 single detached dwellings, representing a density of
approximately 3.72 units per hectare. Lots within the development will have a minimum 24.0
metres (79 feet) of frontage and will be suitably-sized to accommodate large homes (including
multiple car garages). Many of the homes will be designed to work with the topography in such
a way that they will take full advantage of the view to the Grand River Valley. Although there
are a few uniquely shaped lots within the plan, staff have investigated potential building
envelopes, driveways, etc. and there should not be any significant building orientation or permit
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issues. There may be the potential for some lots at the entrances to the subdivision to have
long fences; however, it is expected that the fencing within the development should be of high
quality and will adhere to the City's Fence By-law which includes a buffer to the street line for
landscaping.
The provision and integration of parks, open space and trails is very important to the design and
liveability of this development. The Grand River corridor provides a unique recreational
opportunity balanced with environmental preservation. A trail system is proposed along the
north side of the Grand River that will link to the neighbourhood park and local streets within the
plan of subdivision. The park is proposed to include the existing pond and should be
transformed into a wonderful passive recreational experience.
The applicant proposes to develop the subdivision in one stage and has prepared conceptual
plans to ensure this development would not restrict access or development potential of adjacent
lands. Also, with the final approval of the plan of subdivision, there would be a remnant piece of
land with 11.85 metres of frontage on Hidden Valley Road (Future Development Block 60). The
land currently functions as the driveway to the existing residence which will have to be closed.
The parcel would not have enough size to allow for any building permit and inevitably should be
consolidated with an adjacent parcel of land at some point in the future.
Although the development is to be municipally serviced, the provision of large lots with relatively
large homes, along with a sizeable park, open space and trails opening up to the Grand River,
is considered to be compatible with, and should contribute to, the neighbourhood identity in
Hidden Valley. This development would also provide a type of subdivision that would be
relatively unique in the Kitchener area.
City of Kitchener Municipal Plan
The lands are currently designated Limited Service Residential, with Special Policy #3 (Hidden
Valley). This designation typically applies to areas of the city where the current availability of
municipal services, such as sewers or water, transit, and/or utilities are limited. These areas
generally have a rural character. Policy 3.1.1.2 of the Limited Service Residential designation
permits single detached, semi-detached and duplex dwellings on private septic systems.
Through the consideration of the Class EA for a new pumping station and forcemain, it appears
to be feasible to find a municipal wastewater servicing solution for a portion of the lands in the
Hidden Valley Community. Municipal servicing of the development would comply with the
directions in the Provincial Policy Statement, the Region's Official Policies Plan and Part 2 -
Policy 4.1.6 of the City's Municipal Plan. The servicing hierarchy promotes providing municipal
services where feasible, especially in a location in close proximity to the Grand River.
Amendment
Considering that development in part of Hidden Valley could have municipal sanitary services,
therefore, the recommendation is to amend Special Policy #3 (Hidden Valley) to clarify that
single detached dwellings on municipal sanitary services are a permitted use when such a
solution is deemed to be feasible for this area. As part of the amendment, it is important that
even though development could be accommodated on municipal services, the creation of new
lots should be compatible with the predominant "estate" lots in the surrounding area.
Considering that these serviced lots may be immediately adjacent to large estate lots, a
maximum density of 4 units per hectare is proposed to help achieve a measure of compatibility.
The proposed subdivision density would comply with this requirement.
15
With the plan of subdivision for 1038 Hidden Valley Road, the need for the legalization of
equestrian facilities on that property as identified in subsection iii) d) of Special Policy #3 is no
longer required and is therefore recommended to be deleted.
Based on the foregoing, the Municipal Plan Amendment can be considered appropriate for the
development of the land, complies with the ROPP and should be compatible with the
surrounding area.
Additional Compliance
In accordance with subsection v) of Special Policy #3, the applicant has been required to
conduct an impact assessment with respect to the proposed creation of new residential
properties within 300 metres of existing heavy industrial operations. The Region of Waterloo
has reviewed the assessment and finds it acceptable provided the recommendations are
implemented through the conditions of the plan of subdivision. These "compatibility" measures
include the construction of a noise berm and the registration of a warning clause notifying future
residents of the industrial operations to be on title and in any purchase offers. The applicant is
also proposing to plant vegetation along the top of the berm as an added measure of "aesthetic
compatibility"
Policy iv) of Special Policy #3 outlines the objective for the City of Kitchener to acquire lands
between the south leg of Hidden Valley Road and the Grand River for open space and trail
network purposes. This direction shall be satisfied through the proposed plan of subdivision
and the land exchange. Park and open space lands in the subdivision (0.595 hectares more
than Planning Act requirements) and additional open space lands above the floodline / hazard
line (approximately 0.82 hectares) are to be dedicated to the City and a future trail developed
along the north side of the Grand River into the plan of subdivision. In accordance with Policy
iv), the subdivision could be eligible for an increase in permitted residential density up to
approximately 6 units per hectare.
Furthermore, the subdivision complies with the general parks and open spaces policies of the
Municipal Plan in addition to the objective of using open space as a buffer between certain land
uses.
Hidden Valley Residential Community Plan
The subject lands are designated Estate Residential within Stage 1 of the Hidden Valley
Residential Community Plan. The City and Region approved the Community Plan in 1989 and
1990 respectively. The Estate Residential designation does not actually provide any permitted
uses or density expectations within the Community Plan. Instead, the policies refer to the
Municipal Plan for guidance with the Estate Residential category. Unfortunately, there is no
longer any Estate Residential category in the Municipal Plan (replaced by Limited Service
Residential). Therefore, similar to the clarification with Special Policy #3 of the Municipal Plan,
staff recommend that the Community Plan be updated and clarified as well to permit municipally
serviced single detached dwellings where a municipal wastewater solution is deemed to be
feasible. A maximum density of 4 units per hectare is proposed since these lots would be
immediately adjacent to large estate lots. The Limited Service Residential typically allows for a
maximum density of 2.5 upha and the Large Lot Residential designation in the northeast portion
of Hidden Valley allows residential development up to 6.2 upha (therefore the proposed 4.0
upha is generally in the middle of the density range in Hidden Valley).
The development is consistent with the Transportation policies of the Community Plan, including
the location and use of a local road connection for the subdivision to Hidden Valley Crescent as
16
indicated on the Community Plan maps. The City and the applicant have had regard for the
Land Exchange policies in the Community Plan. Following the completion of the Wabanaki
Drive EA and Alignment, it has been determined that there will be remnant lands owned by the
City of Kitchener. The potential sale of certain lands is recommended to allow another means of
access for the proposed development of 1038 Hidden Valley Road. Upon further engineering
and planning investigation, it has been identified that the preferred route to locate an access
road is to the northwest of the property through the City owned lands fronting Hidden Valley
Road. The proposed land exchange is further discussed later in this report and is set out in
Recommendation "A".
The proposal complies with the Environment, Parks and Open Space policies of the Community
Plan. Similar to Policy 3.6.7, although lands adjacent to the Grand River are located outside of
the plan of subdivision, through the proposed land exchange the City would be able to acquire
more than a 30.5 metre wide strip of open space land for the purpose of establishing a
continuous community trail network. It has been determined that the trail network would not be
able to extend to the westerly limit of the property as ESPA 28 has sensitive and extreme
slopes.
The proposed subdivision development improves upon the servicing and utilities policies of the
Community Plan through the provision of municipal sanitary services (in addition to storm and
water) and thus will not add any additional impact that more septic systems may have on the
ground water system and the adjacent Grand River. The development will implement the Noise
and Environmental Impact policies and is consistent with other applicable policies of the Plan.
From a Community Plan perspective, the proposed amendments and the development of the
subdivision should be compatible with the surrounding area. The timing of development is
consistent with the lands being within Stage 1 of the new development in the Hidden Valley
Community.
Zoning
The current zoning of the subject property is Residential One (R-1). There is a holding provision
and special use provision on the lands that relates to the former equestrian use. A portion of
the property is subject to a special regulation provision requiring a GRCA Fill Permit. To
implement the draft plan of subdivision, the proposed zoning would include the following:
· Residential One Zone (R-1) - for the existing driveway to be consolidated in the future with
existing R-1 zoned lands.
· Residential One Zone (R-1), special regulation provision 433R - intended to permit the
existing residence on the lands to be retained by the owner with a minimum 30 metre wide
frontage and minimum 0.4 hectare sized lot.
· Residential Two Zone (R-2) - permits single detached dwellings on minimum 24.0 metre (78
foot) wide lots.
· Residential Two Zone (R-2), special regulation provision 1 R - requires fill permit from
GRCA.
· Open Space Zone (P-2) - park, open space, stormwater management area, in addition to
the noise berm and access road and block as a buffer between residential and industrial
land uses.
· Hazard Land Zone (P-3) - no development of ESPA 28 and Grand River valley lands from
the "total development setback limit" as established by Naylor Engineering through the
Slope Stability Study.
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The existing zoning of the surrounding residential area is R-1. Although the subject lands are
proposed to be municipally serviced, thus not requiring a large lot area for private services, the
applicant is proposing to maintain the large lot characteristics of the area with the R-2 zoning.
The R-2 zoning requires minimum 24.0 metre wide lots. Considering that single detached
dwellings are compatible with existing single detached dwellings, the proposed residential
zoning should be suitable and compatible with the existing and planned development in the
surrounding area. The establishment of zoning to protect the hazard land areas within the lands
to be retained by the owner and part of the lands to be conveyed to the City as part of the
proposed land exchange is an important feature. The zoning will comply with the Municipal
Plan as proposed to be amended.
Heritage
The subject site is not designated under the Ontario Heritage Act nor is the property on the
City's Heritage Inventory. The owner completed an archaeological assessment and has
received the necessary clearance.
Parkland
The parkland requirements for the plan of subdivision will be satisfied through the dedication of
Block 56. The neighbourhood park will have frontage at the corner of River Birch Street and
River Birch Court and will have a walkway connection to River Valley Street. The park is
intended to be for passive recreation purposes and would contain an existing pond as the most
significant feature. Pathways, benches and other elements would be added to the park. A trail
network will be established from the internal roads, through the park/SWM blocks, down the
Grand River Valley slope on lands proposed to be acquired by the City as part of the proposed
land exchange and ultimately to provide a continuous trail connection easterly along the north
side of the Grand River. This will be a key recreational walking feature of this community and
the park will be publicly accessible, including adjacent residents of the Bridle Path Estates
subdivision from Hidden Valley Crescent through River Birch Street or from the river trail.
The City's Community Services staff originally raised issue with accepting the pond into public
ownership. The applicant and consultant engineer has since worked with the City's Parks
Planner to address issues such as depth of the pond, outlets to the pond, park design options,
maintenance and liability. As a condition of approval, the developer will be required to provide a
report and conduct works to bring the pond to standards acceptable to the Community Services
Department.
Environment
The natural environment of the subject property and the immediately adjacent lands is a
function of its location on the tableland on the north side of the Grand River. The most
significant feature is associated with the forested valley slope immediately south of the area
proposed for development. This area is an Environmentally Sensitive Policy Area (ESPA 28 -
Petrifying Spring), which supports a deciduous forest and habitat suitable for calcium-loving
plants. This area is not proposed for development and measures to maintain the features and
functions for which the ESPA was designated are required as conditions of draft approval. The
tableland portion of this property contains a dug pond which captures the side-hill seepage
typical of terraces of the Grand River valley; a good quality eastern white cedar stand is located
adjacent. This feature will be retained in the development as an amenity area. Agricultural
hedgerows, homestead and laneway plantings characterize the balance of the treed vegetation,
and will be considered subsequently in detail prior to the final approval of the plan.
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Engineering (Services, Stormwater Management, etc)
Stormwater management for this plan can be accommodated in the SWM pond to be
constructed on Block 57, with outlets through the park pond and down to the Grand River.
Sanitary servicing is dependent upon completion of the Schedule "B" Class Environmental
Assessment for the proposed construction of a pumping station and forcemain. Municipal
sanitary servicing is preferred under the Region and City's servicing hierarchy, and especially
given the close proximity to the Grand River. Servicing, stormwater management and utilities
are further addressed through conditions of subdivision approval.
Transportation Planning, Street Naming, Walkability
Vehicular access to the development has been the most significant issue with the plan of
subdivision. In this regard, several alternatives were explored throughout the consideration of
the subdivision. The options included attempting to utilize the existing driveway and an internal
traffic circle, having the main access from Hidden Valley Crescent with an emergency access
along future Wabanaki Drive, access to Wabanaki Drive and ultimately to the present road
design.
There was significant opposition to only utilizing a block of land reserved from the adjacent Vace
subdivision for access to Hidden Valley Crescent. Although the consulting engineer conducted
a traffic analysis that identified no traffic related issues, experience has shown that providing
only one route into and out of a subdivision is not the most preferred design. The applicant
explored several options; including investigating the possibility of acquiring lands adjacent to the
existing driveway in order to widen it, considering a road through City lands to future Wabanaki
Drive or a road through other lands owned by the developer and City lands to Hidden Valley
Road. Although there would be significant grading work and cost required, the option to have
an access road to Hidden Valley Road is preferred. This access would be located prior to the
first house on Hidden Valley Road (with a proposed open space area as a buffer) and
essentially would function as the primary and most direct access. The road to Hidden Valley
Crescent is required to comply with Council's Emergency Access Policy and also to ensure
good neighbourhood connectively and community design. Transportation Planning staff have
confirmed the location of the primary access road to Hidden Valley Road in order to provide the
best visibility possible given the existing geometrics of the road. The road location should not
compromise any future decision with respect to the Hidden Valley Road / Goodrich Drive /
Wabanaki Drive intersection as it relates to the South Kitchener Transportation Corridor Study.
Walkability
The proposed plan of subdivision is consistent with the City of Kitchener Pedestrian Charter.
There will be sidewalks on both sides of all streets as per Council Policy. There will be several
"recreational" walking opportunities with the development of the park and Grand River Trail
system. This will also provide an added walking opportunity for other nearby residents to access
the park, trails, etc. through this subdivision.
Given the essence of this part of the city - "Hidden Valley" - there are limited "destination"
walking opportunities (ie. no ability for any children to walk to school in this area).
Notwithstanding, there are major commercial and employment uses within a reasonable
distance and as part of the construction of the first portion of Wabanaki Drive the City installed
sidewalks on the street. Therefore, staff recommend that the developer install a 'temporary'
asphalt (or other agreed upon material) path along the south side of Hidden Valley Road from
the subdivision entrance street to the Wabanaki Drive intersection. A more permanent sidewalk
can be considered as part of any future development of the City lands at the intersection.
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The proposed street names comply with the City's Street Naming and Addressing Policy.
Emergency Access
Two permanent access roads the subdivision are required in order to comply with Council's
Emergency Access and Multiple Unit Identification Policy. The recommended plan of
subdivision provides the required two permanent access roads and therefore complies with
Council Policy.
Demolition
One of the existing dwellings on the subject property is proposed to be demolished as part of
the redevelopment of the site. The small dwelling is located at the edge of Lot 39 and will be
replaced with a 55 unit subdivision. There are no heritage issues with the dwelling. Demolition
of the unit was previously required as it did not comply with the Zoning By-law. Considering that
the unit is not legal, it was determined that residential demolition control approval was not
required and this requirement is contained in a condition of the subdivision approval. There will
be one dwelling remaining on the lands within the additional lands owned by the applicant.
Community Input
In response to the preliminary circulation of the draft plan of subdivision and zone change
applications, staff received numerous written responses and petition from residents of Hidden
Valley and a response from an industrial site that is in close proximity to the subject lands (the
community letters are attached as Appendix "B"). As a result of the responses, staff co-
ordinated a neighbourhood information meeting held on October 6, 2004.
The primary concern / objection related to the proposed single road access to Hidden Valley
Crescent with an emergency access along future Wabanaki Drive. Other issues that were
discussed at the neighbourhood meeting include density / lot or house sizes, servicing and
environment. As identified under the 'Transportation Planning' section of this report, several
issues were raised with the previous development proposal that indicated a single point of
access to Hidden Valley Crescent. In response to the community concerns, the consulting
engineer conducted a traffic analysis and several design alternatives were explored.
Following additional work on the different access possibilities, a subsequent meeting was held
with the applicant, neighbourhood representatives and City staff in March 2005. The current
design with River Valley Street as the first entrance point from Hidden Valley Road was
presented and was received relatively well by the neighbourhood representatives and City staff
as a better alternative.
Correspondence received on behalf of a nearby industrial use has also been considered in the
plan of subdivision. The City recognizes the long-standing history and contribution of
employment uses in Kitchener, including those in the Goodrich Drive area. The proposed
subdivision is consistent with the Hidden Valley Residential Community Plan that was approved
in 1989 and the City of Kitchener Municipal Plan (Special Policy 3) which permits residential
development in Hidden Valley that is in relatively close proximity to the existing industrial uses.
As a result, staff required the applicant to conduct a noise/compatibility study for the residential
development. The recommendations from the study are recommended as conditions of the
subdivision, including the construction and maintenance of a berm along the existing westerly
ridge (up to 8 metres above a future second storey window) and a warning clause on title of all
lots with respect to awareness of the proximity to industrial uses.
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Agency Comments
The subdivision and zone change applications were circulated to applicable agencies. The
responses received are attached to this report as Appendix "A". Any issues/requirements have
been addressed or are included as conditions of approval.
Land Exchange
The City of Kitchener owns lands located immediately to the west and northwest of the subject
plan of subdivision. The lands would be remnant parcels following the future construction of the
Wabanaki Drive extension and dependent upon the outcome of the Region's South Kitchener
Transportation Corridor Study. The Hidden Valley Community Plan provides direction for the
City and the owner of 1038 Hidden Valley Road (the subject site) to consider a possible
exchange of land for access to any future development. Finding appropriate access to the
proposed subdivision is perhaps the most significant issue raised through the consideration of
the subject applications. One of the recommendations of the applicant's impact assessment of
the adjacent industrial land use is the construction of a large berm at the western edge of the
property. Also, the Community Plan and Municipal Plan identify the City's objective of acquiring
Grand River valley lands and trail linkages; however these lands are located outside of the
subject plan of subdivision.
City staff and the applicant have considered several options to address the issues of access,
the large area requirement for the berm and the Grand River valley lands. This matter has been
considered and endorsed at the City's Property Management Committee and Corporate
Management Team. A market opinion on the value of the lands was undertaken.
The following land exchange is proposed (see attached Schedule "A" map):
. To City
. To Applicant
- Parcel "B" - Industrial/Commercial @ approx. 0.5 hectares
- Parcel "D" - Open Space / Floodplain @ approx. 5.37 hectares
- Parcel "A" - Berm @ approx. 0.74 hectares
- Parcel "C" - Access Road @ approx. 0.18 hectares
The acquisition of Parcel "B" allows for consolidation with other lands owned by the City to
create a more "regular" block of land that could be developed at some time in the future pending
the outcome of the South Kitchener Transportation Corridor Study. Furthermore, the acquisition
of Grand River valley lands for environmental preservation and to create a continuous trail
network in this community is in the public interest. The City lands proposed to be provided to
the applicant would be used for the access road to the subdivision from Hidden Valley. This is
one of the biggest issues raised for this development in order to ensure there are multiple routes
into and out of the subdivision, thus complying with the City Council's Emergency Access Policy
and addressing the significant resident concerns. The other land (Parcel "D") is proposed to be
utilized as a landscaped berm to address land use compatibility between the residential
dwellings and the adjacent industrial land use (and future Wabanaki Drive extension). Both
parcels of land that are proposed to be transferred to the applicant and become part of the
subdivision are proposed to be zoned Open Space (P-2) as a land use "buffer".
Staff recommend that prior to any subdivision agreement for this plan, that the land exchange
be finalized and Parcels A and C be added into the plan of subdivision through a minor
modification.
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FINANCIAL IMPLICATIONS:
No new or additional Capital Budget requests are associated with this recommendation. Upon
registration, there will be immediate and ongoing Operations costs for the maintenance of the
park, open space, trails, and stormwater management areas, streets, walkways, and
underground services. In the long term, there will be repair and replacement costs for streets,
walkways and services. The sanitary pumping station required for this development may be
front-ended by the developer with the construction costs subject to Development Charge
credits. The ongoing maintenance costs of the pumping station will be the added responsibility
of the City. The proposed number and type of new residential lots will add to the assessment
growth in the City of Kitchener.
COMMUNICATION:
The proposed draft plan of subdivision application and associated zone change application were
first circulated to departments, agencies and property owners within 120 metres of the subject
lands on April 30, 2004. Notice signs were placed on the subject site advising of the
applications. In response to the circulation of the applications, staff received numerous letters
from the community and these are discussed in the 'Community Input' section of the report and
attached as Appendix "B".
Notice of the June 27, 2005 public meeting of the Committee of Council dealing with Planning
matters was advertised in The Record on June 3, 2005. A copy of the advertisement is
attached. In addition to those that responded in writing to the circulation and those that
attended the neighbourhood meeting, and in accordance with Council Policy, all property
owners within 120 metres of the subject lands have been specifically notified of the Public
Meeting and provided the opportunity to have a copy of the staff report, as it has been more
than one year since the original circulation.
CONCLUSION:
Based on the foregoing, the draft plan of subdivision and zone change applications would
conform to the City's Municipal Plan and the Hidden Valley Residential Community Plan, both
as amended. The issues identified through the preliminary circulation have been considered in
detail and as necessary, included as conditions of approval. The lands are identified in the
Staging of Development Report for consideration of potential draft approval in the first half of
this year (2005 A). The plan represents proper and orderly development of the City and
complies with the criteria identified in Section 51 (24) of the Planning Act for the subdivision of
land. Therefore, staff recommend that the applications be approved.
Brandon Sloan, MCIP, RPP
Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments:
Map "A" - Onpoint Enterprises Air Photo
Newspaper Advertisement
Plan of Subdivision 30T-04201
Proposed Municipal Plan Amendment
Proposed Zoning By-law
Schedule "A" - Proposed Land Exchange
Appendix "A" - Department/Agency
Comments
Appendix "B" - Preliminary Circulation and
Community Input
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