HomeMy WebLinkAboutDTS-06-172 - Modification to Draft Plan of Subdivision, 30T-03201, Zone Change Application, ZC06/14/F/BB
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Report To:
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Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
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Development & Technical Services Committee
January 29, 2007
Della Ross, Manager of Development Review (741-2327)
Brian Bateman, Planning Technician (741-2869)
Ward 2
January 16, 2007
DTS-06-172
Modification to Draft Plan of Subdivision, 30T-03201
Zone Change Application, ZC06/14/F/BB
Valley View Heights (St. Jacobs) Ltd.
Fairway Rd./Morrison Rd.
EXECUTIVE SUMMARY
Valley View Heights (St. Jacobs) Limited has submitted a modification and zone change
for a residential subdivision on approximately 8.45 hectares ofland at the southeast corner
of Fairway Road and "proposed Sims Estate Drive" in the Grand River South
Community. These lands were originally draft approved by Council on May 10, 2004
under the previous owner, the Waterloo Catholic District School Board. These lands were
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then sold to Valley View Heights (St. Jacob's) Limited, who is the developer of the
adjacent subdivision (30T-00204) registered as 58M-387 and 58M-388. As a result, an
opportunity exists to reduce the duplication of service by combining storm water
management facilities and thereby improving the efficiency of the plan and connectivity
between the two properties.
To implement the proposed changes, a zone change and modification is required.
Highlighting the main changes, the developer is proposing to remove the storm water
management block resulting in proposed Beaumont Crescent (formerly Capling Street)
being re-aligned, front facing semi-detached lots being proposed along "proposed Sims
Estate Drive", the park block being re-Iocated, proposed Beaumont Street being connected
through to the adjacent plan of subdivision and a multiple residential block now being
lotted out for single and semi-detached houses.
The modified plan would provide for a range of 197 to 213 dwelling units in two stages.
This includes 71 single detached dwellings on minimum 9.0 metre wide lots, 42 single
detached dwellings on minimum 10.9 metre wide lots and 3 single detached dwellings on
15.2 metre wide lots, 46 semi-detached houses, three multiple residential blocks with a
range of35 to 6lunits. Two blocks may include singles, semis, and/or townhouses. The
third multiple block may consist of three, three-storey eight unit apartment buildings.
The zone change application was circulated to departments, agencies and all property
owners within 120 metres. Concerns expressed by the public included proximity to
Chicopee Ski Hill and the potential for noise complaints, lack of green space in the area,
objection to multiple residential dwellings, increased traffic and impact on the
environment. There were no major concerns expressed by City departments and agencies.
These issues have been addressed and the remaining items have been included as
conditions of draft approval. The subdivision conforms to the Grand River South
Community Plan, which identifies the lands for residential uses. Staff is recommending
approval of the modification subject to the conditions specified herein and approval of the
zone change application to implement the proposed changes to the plan.
RECOMMENDA TION
A. That Zone Change Application ZC 06/14/F/BB (Valleyview Heights Limited;
Fairway Rd./"Proposed Sims Estate Drive" ) requesting a change in zoning to:
Residential Three (R-3), Residential Three (R-3) with special regulation provision
l75R, Residential Four Zone (R-4), Residential Four Zone (R-4) with special
regulation provisions 454R and 456R, Residential Six Zone (R-6), Residential Six
Zone (R-6) with special regulation provision 399R, and Public Park Zone (P-l)
from: Residential Four Zone (R-4), Residential Four Zone (R-4) with special
regulation provision 400R, Residential Six Zone (R-6), Residential Six Zone (R-6)
with special regulation provision 399R, and Open Space Zone (P-2) , Residential
Four (R-4) with on lands legally described as Block 54, R.P. 1798, Part of Blocks
132 and 136, R.P. 1647, Part of Lots 10 and 12, R.P. 591 and Part of Lot 118,
German Company Tract, in the City of Kitchener, be 3ooroved, in the form shown
in the attached "Proposed By-law", dated January 9, 2007 without conditions.
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B. Pursuant to Section 51(44) of the Planning Act, R.S.O. 1990, and By-law No.
2002-164, as amended, of the City of Kitchener, Council hereby modifies the
conditions of draft approval for Plan of Subdivision 30T -03201 for Valley View
Heights (St. Jacobs) Limited in the City of Kitchener, to revise the plan and text,
so that the conditions of draft approval read as follows (asterisk/italics/bold
indicates revised conditions):
* 1. That this approval applies to Plan of Subdivision 30T-03201 as shown on the
plan prepared by MacKinnon & Associates last revised May 2006 and as shown
on the attached Plan of Subdivision prepared by the City of Kitchener revise
dated December 12,2006 which shows the following:
Stage 1
Lots 1-73
Lots 74-81
Blocks 82
Blocks 83
Block 84-86
Block 87
Block 88
- 105 to 113 units
- single detached (73 units)
- semi detached (16 units)
- multiple residential (24 apartment units)
- walkway
- future lot additions
- park
- entry feature
Stage 2
Lots 1-41,57 & 58
Lots 42-56
Blocks 59-60
Blocks 61
Block 62
- 92-100 units
- single detached (41 units)
- semi detached (30 units)
- multiple residential (19-27 units)
- walkway
- road widening
Total
- max 197-213 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 (Valley View Heights St. Jacobs Limited) regarding the lands
shown outlined on the attached Plan of Subdivision revise dated December 12,
2006 and which shall contain the following special conditions:
Section 3 Prior to Servicing
*3.16 The SUBDIVIDER agrees that the development of the subdivision may
proceed in two (2) stages, as follows:
a) Stage 1 first and
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b) Stage 2 concurrently with or after Stage 1.
*3.17 The SUBDIVIDER shall make satisfactory financial arrangements with the
Director of Engineering for the construction of a 1.5 metre wide concrete
sidewalk along the property's frontage on the north side of "proposed
Sims Estate Drive".
*3.18 The SUBDIVIDER shall make arrangements to upgrade "proposed Sims
Estate Drive" to municipal standards (including a bike lane, if feasible) to
the satisfaction of the CITY's Director of Engineering and CITY'S
Director of Transportation Planning.
*3.19 That Prior to servicing or registration, whichever comes first, the
SUBDIVIDER shall prepare a final Storm Water Management Report
assessing the feasibility of a combined storm water management
facility on the adjacent lands, described as Block 72, Registered Plan
58M-387 and Lots 1 to 8 on Registered Plan 58M-388 to service the
subject and adjacent lands to the satisfaction of the City's Director of
Engineering Services. Prior to the approval of the Storm Water
Management Report and prior to servicing or registration of Draft
Plan 30T -03201 whichever comes first, the SUBDIVIDER shall
register an Inhibiting Order on title to the adjacent lands, described as
Lots 1 to 8 on Registered Plan 58M-388 prohibiting the use or other
dealing with the lands except as a storm water management facility to
be shared with Plan 30T-03201. Upon approval of the final
Stormwater Management Report and prior to servicing or registration
of the Plan, whichever comes first, the SUBDIVIDER shall convey the
lands of the proposed combined storm water management facility,
being Lots 1 to 8 on Plan, 58M-388, free of encumbrance and zoned
for Open Space use only.
In the event the final Storm Water Management Report concludes that
a combined storm water management facility for the subject lands and
the adjacent lands is not feasible, the SUBDIVIDER shall prepare a
Storm Water Management analysis (size, location, function, depth etc.)
for the provision of storm water management facilities on the subject
lands (30T-03201) to the satisfaction of the City's Director of
Engineering Services, prior to servicing or registration, whichever
comes first. In this instance, the SUBDIVIDER shall submit and
receive approval of a modification to the subject lands (30T-03201) to
amend the plan accordingly to the satisfaction of the City prior to
servicing or registration, whichever comes first.
*3.20 The SUBDIVIDER shall confirm that the servicing drawings:
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a) Do not conflict with preliminary driveway locations and potential
locations for utilities, hydrants or community mail box facilities.
b) No driveways shall be installed within 1.0m of a street light pole or
hydro pole or where the wheels of a vehicle would pass over any part
of a submersible transformer vault.
c) No sewer or water service will be installed within 1.5m of the centre
of proposed submersible transformer vault or within 0.9m of a
proposed electrical service stub and that no fire hydrant will be
installed within 3.0m of a proposed street light pole or hydro pole.
The SUBDIVIDER shall be responsible for ensuring that these
separations are maintained.
d) The location of concrete pads for the placement of the Community
Mail Boxes shall be approved by Canada Post and shall be shown on
the servicing drawings. Said pads are to be poured at the time of
curb and/or sidewalk installation within each stage of the plan of
subdivision. Should temporary locations be required, the
SUBDIVIDER shall work with Canada Post to determine and
provide suitable locations until the curbs, boulevards and sidewalks
are in place in the remainder of the subdivision.
Further, the SUBDIVIDER shall identify the necessary valves and
appurtenances to facilitate the transition to the final water pressure
zone on the engineering servicing drawings to the satisfaction of the
CITY'S Director of Engineering Services in consultation with the
Regional Municipality of Waterloo. The SUBDIVIDER shall be
responsible for the installation of said facilities.
*3.21 The SUBDIVIDER shall prepare a Plan showing crosswalk details at
the easterly intersection of Beaumont Street and Beaumont Crescent
and crossings of Beaumont Street to Walkway Blocks 61 and 83, to the
satisfaction of the CITY'S Manager of Development Review in
consultation with the CITY'S Director of Transportation Planning,
CITY'S Director of Engineering Services and the CITY'S General
General Manager of Community Services.
*3.22 The SUBDIVIDER shall use decorative street signage and street lighting
for the subdivision to the satisfaction of the CITY'S Director of
Transportation Planning and KW Hydro. These decorative elements
shall be installed at the appropriate time frame and to the
SUBDIVIDER'S cost, including the provision of 10% of the cost of
materials for future replacement/maintenance, to the satisfaction of the
CITY'S Director of Transportation Planning and KW Hydro.
DTS-06-172
Section 6 Other Time Frames
*6.10 The SUBDIVIDER agrees that construction traffic to and from the
proposed subdivision shall be restricted to using "proposed Sims Estate
Drive" to Fairway Road and 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, all to the
satisfaction of the CITY'S Director of Engineering.
6.11 Prior to the occupancy of the first unit, the SUBDIVIDER shall determine
the location of all centralized mail receiving facilities to the satisfaction of
Canada Post, in consultation with the CITY's Director of Engineering. 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.
*6.12 The SUBDIVIDER agrees that the entrance feature at Fairway and
"proposed Sims Estate Drive" shall be installed at the SUBDIVIDER's
cost in accordance with the approved plans prior to the issuance of the
first occupancy permit, or in the event of winter conditions shall be
installed by June 1 immediately following the issuance of the first
occupancy permit to the satisfaction of the CITY's Manager of
Development Review and the CITY's Director of Engineering.
6.13 The SUBDIVIDER agrees to undertake any measures required to ensure
proper water pressure to all lots and blocks within the proposed
development, to the satisfaction of the CITY'S Director of Engineering or
Chief Building Official.
*6.14 The SUBDIVIDER agrees that no building permit shall be applied for
or issued for Priority Lots 2 & 24 (Stage 2) and Lots 41 to 45, 49 and
54 (Stage 1) as identified on the Community Elements Plan prepared
by MacKinnon And Associates, November 2006, until building
elevation drawings have been submitted and approved for said
Priority Lots to the satisfaction of the CITY'S Manager of
Development Review. The intent is to ensure that consideration has
been given to the design treatment along both road frontages for each
lot/dwelling, including such items as the provision of porches,
porticos, poured in place stairs, bay or boxed bay windows or other
projections; secondary door entries; windows, enhanced window
treatments, enhanced building materials such as brick, stone or
combinations and/or landscaping.
*6.15 The SUBDIVIDER agrees to construct the approved plan for Park
Block 87 (Stage 1) within one year of the issuance of the first building
permit for Stage 1.
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*6.16 The SUBDIVIDER agrees to implement the approved Compensation
Plan to provide for additional planting on the combined storm water
management facility described as Block 72, 58M-387 and Lots 1 to 8,
58M-388 within one year of the issuance of the first building permit
for Stage 1, 30T -03201.
*6.17 The City agrees to release the Inhibiting Order in the event Lots 1 to
8, 58M-388 are not required for a combined storm water
management facility.
*6.18 The SUBDIVIDER agrees that Future Development Blocks 84 to 86
shall only be developed when consolidated with abutting lands.
*6.19 The SUBDIVIDER agrees that Block 82 shall be developed with
multiple residential apartments.
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill
the following conditions:
1. The City Standard Residential Subdivision Agreement be registered on title.
2. The SUBDIVIDER shall submit copies of the final plan for registration to the
CITY'S Manager of Development Review and shall obtain approval therefrom.
.J. 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, with
coordinate values and elevations thereon and submit for registration the plans
showing the location of the monuments, their coordinate 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.
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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 planes) showing the easements to HYDRO, and telephone
companies and the City, to the satisfaction of the CITY'S Manager of
Development Review.
(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 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 Development Review 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 Development Review, 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 CITY by the registration of the Plan of Subdivision.
*9. The SUBDIVIDER shall prepare park design plans for Park Block 87 (Stage 1)
to the satisfaction of the CITY's General General General Manager of
Community Services.
*10. The SUBDIVIDER shall prepare a final Storm Water Management Report
assessing the feasibility of a combined storm water management facility on
the adjacent lands, described as Block 72, Registered Plan 58M-387 and Lots
1 to 8 on Registered Plan 58M-388 to service the subject and adjacent lands
to the satisfaction of the City's Director of Engineering Services. Prior to the
approval of the Storm Water Management Report and prior to servicing or
registration of Draft Plan 30T -03201 whichever comes first, the
SUBDIVIDER shall register an Inhibiting Order on title to the adjacent
lands, described as Lots 1 to 8 on Registered Plan 58M-388 prohibiting the
use or other dealing with the lands except as a storm water management
facility to be shared with Plan 30T-03201. Upon approval of the final
Stormwater Management Report and prior to servicing or registration of the
Plan, whichever comes first, the SUBDIVIDER shall convey the lands of the
DTS-06-172
proposed combined storm water management facility, being Lots 1 to 8 on
Plan, 58M-388, free of encumbrance and zoned for Open Space use only.
In the event the final Storm Water Management Report concludes that a
combined storm water management facility for the subject lands and the
adjacent lands is not feasible, the SUBDIVIDER shall prepare a Storm
Water Management analysis (size, location, function, depth etc.) for the
provision of storm water management facilities on the subject lands (30T-
03201) to the satisfaction of the City's Director of Engineering Services,
prior to servicing or registration, whichever comes first. In this instance, the
SUBDIVIDER shall submit and receive approval of a modification to the
subject lands (30T-03201) to amend the plan accordingly to the satisfaction
of the City prior to servicing or registration, whichever comes first.
*11. That in the interest of providing a variety of unit types and house designs within
Blocks 59 and 60 (Stage 2), the final lotting on the final plan for registration for
Blocks 59 and 60 shall include a variety of unit types and lot widths generally
providing for a total for both Blocks of a minimum 40% to a maximum of 100%
of dwelling units being street townhouses and the remaining being any other
permitted dwelling unit within the applicable zoning to the satisfaction of the
CITY's Manager of Development Review. The final lotting plan shall also
include an on-street parking plan showing an appropriate amount of on-street
parking spaces provided within the same block, where possible, to the satisfaction
of the CITY's Manager of Development Review in consultation with the CITY's
Director of Transportation Planning. In the event that the pre-servicing
conditions have been satisfied prior to registration, this condition shall not apply.
*12. The SUBDIVIDER shall prepare a detailed functional design for a north-bound
left turn lane on "proposed Sims Estate Drive" at Fairway Road to the
satisfaction of the CITY's Director of Engineering and enter into a registered
agreement with the CITY for the implementation of the turn lane at the cost of the
SUBDIVIDER.
*13. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, which dedication is 0.4215 hectares, by both the conveyance of
Block 87 (Stage 1) to the CITY, at no cost and free of encumbrance, which will
satisfy 0.3011 hectares of the dedication, and the remainder of the dedication
to be in accordance with the parkland deferral agreement registered as
Instrument No. 1139653.
*14. The SUBDIVIDER shall obtain approval of plans/drawings from the CITY's
Manager of Development Review in consultation with the General Manager of
Community Services for an entrance feature (Block 88) at the corner of
Morrison and Fairway Roads.
15. 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
DTS-06-172
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CITY'S Manager of Development Review, 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
Development Review;
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, 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 Development Review;
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.
*16. The SUBDIVIDER shall convey to the CITY the following lands for the purposes
stated therein, at no cost and free of encumbrance, concurrently with the
registration of the plan of subdivision:
. Block 87 for park purposes (Stage 1);
. Block 88 for maintenance of the entry feature (Stage 1); and
. Block 62 for road widening purposes (Stage 2).
17. That the following warning clause be registered on title and included in all offers
to purchase and sale agreements or rental agreements for all lots/blocks within the
subdivision:
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"This property is located in close proximity to the Chicopee
Ski Hill. The nature of the current and future operations of
Chicopee, which include the operation of snow making
equipment, speaker systems, lights and other equipment
necessary to run the facility, may cause concern to some
individuals."
*18. The SUBDIVIDER shall prepare a Compensation Plan in accordance with
Condition 6.16 to the satisfaction of the General Manager of Community
Services in consultation with the Manager of Development Review.
19. To expedite the approval for registration, the SUBDIVIDER shall submit to the
CITY'S Manager of Development Review, a detailed written submission
documenting how all conditions imposed by this approval that require completion
prior to registration of the subdivision planes), have been satisfied.
.J. REGIONAL MUNlCIP ALITY OF WATERLOO CONDITIONS
That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill
the following conditions to the satisfaction of the Regional Municipality of Waterloo
Commissioner of Planning, Housing and Community Services:
1. That the owner agrees to stage the development of this subdivision in a manner
satisfactory to the Regional Commissioner of Planning, Housing and Community
Services.
2. That the subdivision agreement be registered by the City of Kitchener against the
land to which it applies and a copy of the registered agreement be forwarded to the
Regional Commissioner of Planning, Housing and Community Services prior to
final approval of the subdivision plan.
.J. a) That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs first.
Where the owner has already entered into an agreement for the installation of
underground servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to
registration of any part of the plan. The Regional Commissioner of
Transportation and Environmental Services shall advise prior to an Agreement
for Servicing that sufficient water supplies and wastewater treatment capacity
is available for this plan, or the portion of the plan to be registered.
b) That the owner include the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the
Planning Act, prior to the registration of this plan:
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"The lot, lots, block or blocks which are the subject (?f this agreement (?f lease
or purchase and sale are not yet registered as a plan (?f subdivision. The
.fit?filment (?f all conditions (?f draft plan approval, including the commitment (?f
water supply and sewage treatment services thereto by the Region and other
authorities, has not been completed to permit registration (?f the plan.
Accordingly, the should be mvare that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are the
subject (?f this agreement or lease or and sale will have all
conditions (?f draft plan approval including the availability (?f
servicing, until the plan is registered. "
4. That prior to any grading, the SUBIDIVIDER shall submit a lot grading and
drainage plan for the entire draft plan of subdivision to the satisfaction of the
Regional Commissioner of Planning, Housing and Community Services.
5. That prior to any grading, the SUBIDIVIDER shall submit a storm water
management plan for the entire draft plan of subdivision to the satisfaction of the
Regional Commissioner of Planning, Housing and Community Services.
*6. That prior to the registration of the plan, the SUBDIVIDER shall enter into a
registered agreement with the Regional Municipality of Waterloo to provide for
implementation of an approved noise study to abate noise levels for Fairway Road,
including the following clause to be included in all offers to purchase and sale
agreements or rental agreements for Lots land 2 (Stage 2) and Blocks 60 (Stage
2) and 82 (Stage 1):
"Due to its proximity to Fail1vay Road, projected noise levels on the property
exceed the Noise Level Objectives (?f the Regional Municipality (?f Waterloo and
may cause concern fbr some individuals. Moreover, this dwelling unit has been
.fitted with a .fiJrced ab'-ducted system suitably sized and designed to permit the
.fitture installation qf a central air conditioning system by the occupants. "
4. OTHER AGENCY CONDITIONS
1. That prior to the commencement of any 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 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 Practices Planning and Design Manual" and in keeping with the
Preliminary Storm water Management Report (prepared by MTE Consultants
Inc., dated September 2003-revised).
b) A detailed Lot Grading, Servicing and Drainage Plan
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c) An 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.
d) An application for Fill, Construction and Alteration to Waterways Regulation
Permit pursuant to Ontario Regulation 149, as amended, prior to any
construction within a wetland.
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the CITY's Manager of Development
Review, the Manager shall be advised by the Regional Commissioner of Planning,
Housing and Community Services that Conditions 3.1 to 3.6 have been carried out
to the satisfaction of the Regional Municipality of Waterloo. The clearance letter
from the Region shall include a brief statement detailing how each condition has
been satisfied.
2. That prior to the signing of the final plan by the CITY's Manager of Development
Review, the Manager shall be advised by the Grand River Conservation Authority
that Condition 4.1 has been carried out to the satisfaction of the GRCA. The
clearance letter from the GRCA shall include a brief statement detailing how the
condition has been satisfied.
.J. That prior to the signing of the final plan by the CITY's Manager of Development
Review, the Manager shall be advised by Kitchener-Wilmot Hydro 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 Development
Review, the Manager shall be advised by the telephone companies 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.
RegistlY Act
2. The final plans for Registration must be in conformity with Ontario Regulation
43/96, as amended, under The Registry Act.
Updated Ir?fimnation
.J. It is the responsibility of the owner of this draft plan to advise the Regional
Municipality of Waterloo and the City of Kitchener Development and Technical
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Services Department of any changes in ownership, agent, address and phone
number.
Fees
4. The owner/developer is advised that the City of Kitchener and the Regional
Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the
Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application,
recirculation, draft approval, modification to draft approval and registration release
of plans of subdivision.
Approvals.fiJr Servicing Systems
5. 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
6. 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
7. 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
8. This draft plan modification was received on April 13, 2006 and shall be
processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as
amended, as of that date.
Regional Servicing Agreement
9. 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 Department initiate
preparation of the agreement. When sufficient capacity is confirmed by the
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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
10. To ensure that a City or Regional Release is issued by the City's Manager of
Development Review 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 year end where the owner has
failed to submit the appropriate documentation by this date.
Final Plans - Subdivision
11. 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 and under The Registry Act and for our
use:
One (1) original mylar
Four (4) mylar copies
Four (4) white paper prints
C. That Morrison Road between Fairway Road and Waterbend Crescent be renamed to
Sims Estate Drive.
BACKGROUND
Valley View Heights (St. Jacobs) Limited has submitted a request to modify the draft
approval for a residential subdivision on approximately 8.45 hectares of land at the south
east corner of Fairway Road and "proposed Sims Estate Drive" in the Grand River South
Community. The surrounding area consists of the Chicopee Ski Hill to the south, a
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residential subdivision to the east and existing residential subdivisions to the north and
west. The lands were owned previously by the Waterloo Catholic School Board and
subsequently sold to Valley View Heights (St. Jacobs) Limited. In order to consolidate
servicing, Valley View Heights (St. Jacobs) Limited, who owns the adjacent plan of
subdivision, is proposing to modify the Draft Approval and Plan. To implement the
proposed changes, a zone change is required.
REPORT
Zoning and Unit Mix
The existing zoning of the site is Residential Four (R-4) and Residential Six Zone (R-6).
The R-4 Zone permits single-detached and duplex dwellings on lots with minimum widths
of 9.0 metres, in addition to semi-detached dwellings. The R-6 zone also permits single-
detached, duplexes and semi-detached dwellings on the same size lots, in addition to
townhouses and up to 3-storey multiple dwellings. The existing zoning includes Public
Park (P-l) for the park block and Open Space (P-2) zoning for the stormwater
management/open space block.
The proposed zoning essentially is a redistribution of the existing zoning with some
changes relating to special regulations, as shown on Map 1. In total, the plan of
subdivision provides a desired mixture of singles, semis, street townhouses and the
potential for street townhouses and low rise multiple dwellings. The plan also provides a
range of lot widths to help ensure that a variety of house designs are available for different
homebuyers. The proposed zoning and lot mixture is compatible with the existing
subdivision to the north, the planned developments to the east and the rest of the Grand
River South Community.
Heritage
There are no heritage issues related to this site.
Parkland
The parkland dedication will be satisfied through the conveyance of the park Block 87
(Stage 1) (0.30 hectares). As well, the applicant is responsible for the parkland dedication
identified in a parkland deferral agreement registered on title as Instrument No. 1139653
for an additional 0.1214 hectares of parkland. The dedication of this parkland is to be
satisfied by a cash-in-lieu contribution.
Pedestrian Connections
Two pedestrian walkways are being proposed: Block 83 and Block 61. Block 83 is an
extension of an existing walkway to Fairway Crescent, which will connect to the proposed
Beaumont Street directly across from proposed neighbourhood park (Block 87). Block 61
will connect to Fairway Road, providing direct access for residents along proposed
Beaumont Street.
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Environment
The natural environment of the subject property is limited to several treed hedgerows and
an ecologically immature wetland area. The General Vegetation Overview prepared by
Thompson Environmental (November 1,2002), noted two key vegetation communities on
site, community one was a Cattail Mineral Marsh located along the southerly property line
approximately mid point of the subject property and unit two a Forb Mineral Marsh in the
northwest portion of the subject property, adjacent to Morrison Rd.
A response to comments related to the GVO was drafted and forwarded to the GRCA and
City of Kitchener staff by Thompson Environmental (October 1 2003). Within this
response, recommendations related to plant species and quantities to be planted to
enhance community one which was to be incorporated into a proposed SWM facility on
site were made. The planting recommendations and the species noted in the appendix of
this response were to be installed to supplement the existing vegetation within this
community to create a wetland type setting and compensate for the removal of community
two. Since the time of the original GVO and this response, Thompson Environmental has
prepared a Detailed Vegetation Management Plan (DVP) in October of 2006.
Concurrently a revised lot pattern and grading design were prepared by Meritech
Engineering (September 12, 2006) for the subject property which eliminated all
vegetation features on site with the exception of some isolated individual
specimens/groupings along the north property line. Within the DVP, no mention is made
of compensation planting as previously noted in the GVO.
Although the communities being removed are not of high ecological value they still have
local value with respect to water quantity/quality, local habitat for common wildlife
species, and as potential landscape amenities in the future development. Therefore the
planting recommendations, quantities and species for the SWM pond originally proposed
for this site should be applied as per Thompson Environmental response (dated October 1,
2003) to the pond in the adjacent subdivision (Block 72, 58M-387) as it is being resized to
accommodate the Morrison Rd subdivision. This additional planting will serve to
compensate for the loss of communities on the subject property and the design of the
SWM pond is to mimic a wetland setting of at least similar quality to the communities
that were removed. Additionally buffer plantings proposed along Fairway Rd. (rear of
lots 1, 2 and block 60) will be comprised of a mixture of native species (coniferous and
deciduous trees and shrubs) to further compensate for loss of local habitat on the subject
property .
There are no provincial, regional, or local natural heritage designations on, or immediately
adjacent to, the subject property.
Sanitary Servicing
Aproximately half the subject lands will discharge sanitary flows to the Fairway Road
system, while the remaining half will be directed through the adj oining subdivision to the
Zeller Drive Sanitary Pumping Station.
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Water Servicing
This proposed plan will connect to the existing 300mm watermain on "proposed Sims
Estate Drive". Pressure reducing valves will be required for all lots with an elevation
below 324 MASL.
Stormwater Management
It is expected that stormwater management for quantity and quality purposes for this plan
can be accommodated in the storm water management pond constructed on the adj acent
plan of subdivision. This pond will have to be expanded. As Valley View is also the
owner of the adjacent plan, expansion may be accommodated through dedicating lots 1 to
8 of Plan 58M-388 to the City. Condition 3.20 speaks to how and when the expansion of
the pond is to be implemented.
Tnt/tic
The plan of subdivision proposes two street entrances from existing "proposed Sims
Estate Drive". City Transportation Planning staff have approved the applicant's Traffic
Study submitted for the initial draft plan submission. A functional design for a left turn
lane is required on "proposed Sims Estate Drive" at the intersection with Fairway Road
in addition to a functional design for the upgrading of "proposed Sims Estate Drive".
"Proposed Sims Estate Drive" will be upgraded to municipal standards (20 metre wide
road allowance) with the exception of no sidewalk or services along the south side of the
road and a slightly reduced road allowance at one point on the south side, which is the
Chicopee Ski Hill property. The feasibility of adding a bike lane along "proposed Sims
Estate Drive" is to be explored.
On-Street Parking
Transportation staff has reviewed an On-street parking plan and are satisfied that the
intent of providing one on-street parking space for every two lots
has been met.
Emergency Access
The plan is designed and staged in conformity to the City of Kitchener's Emergency
Access Policy. There is no requirement for temporary secondary or emergency access.
Community Input
There were four responses received from the preliminary circulation. The residents are
concerned with new homes being built, lack of green space in the area, perceived increase
in traffic and congestion. These are all reasonable concerns when faced with the prospect
of new development on an adjacent parcel ofland.
The applicant has conducted a Traffic Study that was reviewed and approved by Regional
and City Traffic staff. The surrounding road network, including the Fairway Road and
"proposed Sims Estate Drive" intersection, will operate at acceptable levels with the
traffic generated from the proposed subdivision. "proposed Sims Estate Drive" will be
upgraded to municipal standards and a north-bound left turn lane on "proposed Sims
Estate Drive" approaching Fairway Road will be added. The applicant is required to
provide Stormwater Management Plans and Grading and Drainage Control Plans to the
satisfaction of the City in order to address the issue of drainage.
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While existing residents on Fairway Crescent would see new activity on the subject site,
the proposed modification and implementing zoning is appropriate as this plan of
subdivision was draft approved by Council on May 10, 2004 and land use designation and
zoning are compatible with the surrounding area.
Agency Comments
The subdivision and zone change applications were circulated to applicable agencies.
Any issues/requirements have been addressed or are included as conditions of approval.
FINANCIAL IMPLICATIONS
No major municipal expenditures are required for the development. There will be
immediate and ongoing Operations costs for the maintenance of the open space/ parkland,
streets, sidewalks, entrance feature, walkways and underground services. In the long
term, there will be repair and replacement costs for all of the foregoing.
COMMUNICA TION:
The proposed draft plan of subdivision and associated zone change application were first
circulated to departments, agencies and the property owners within 120 metres of the
subject lands on July 20, 2006. There were four letters received from surrounding
property owners as identified in the 'Community Input' section of this report. As it has
been less than a year since area residents have been notified, this report has been sent only
to those who have responded.
Notice of the public meeting to be held by the Committee of Council Dealing with
Development and Technical Services matters on January 29, 2006 was advertised in The
Record on January 5, 2007. A copy of the advertisement is attached.
CONCLUSION:
The major engineering, traffic and environmental issues have been addressed and the
remaining items have been included as conditions of draft approval. Therefore, staff are
recommending approval of modification to draft approval subject to the conditions
specified herein and approval of the zone change application to implement the proposed
modifcations.
Prepared by:
Approved by:
Brian Bateman, BA (Hons.)
Planning Technician
Della Ross, MCIP, RPP
Manager of Development Review
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JeffWillmer, MCIP, RPP
Director of Planning
Attachments
Plan of Subdivision 30T -03201
Proposed Zoning By-law
Newspaper Advertisement
Appendix "A" - Preliminary Circulation and Department/Agency Comments
Appendix "B" - Community Input
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PROPOSED BY - LAW
January 29, 2007
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as
amended, known as the Zoning By-law for the City
of Kitchener - Valley View Heights (S1. Jacobs)
Limited- Fairway Road/Morrison Road)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Schedule Nos. 264 and 265 of Appendix "A" to By-law Number 85-1 are
hereby amended by designating as Residential Three (R-3), Residential
Three (R-3) with special regulation provision 175R, Residential Four Zone
(R-4), Residential Four Zone (R-4) with special regulation provision 455R,
Residential Six Zone (R-6) with special regulation provision 399R,
Residential Six Zone (R-6) with special regulation provision 454R and Public
Park Zone (P-1) instead of Residential Four Zone (R-4), Residential Four
Zone (R-4) with special regulation provision 400R, Residential Six Zone (R-
6), Residential Six Zone (R-6) with special regulation provision 399R, and
Open Space Zone (P-2); the parcel of land described as Block 54,
Registered Plan 1798, Part of Blocks 132 and 136, Registered Plan 1647,
Part of Lots 10 and 12, Registered Plan 591 and Part of Lot 118, German
Company Tract, in the City of Kitchener. These lands are shown on Map
No. 1 attached hereto.
2. Schedule Nos. 264 and 265 of Appendix "A" to By-law Number 85-1 are
hereby further amended by incorporating additional zone boundaries as
shown on Map No. 1 attached hereto.
3. Appendix "0" to By-law 85-1 is hereby amended by adding the following
Sections 454 and 455 thereto:
"454 Notwithstanding anything else in this By-law, within the lands zoned
R-6 with special regulation provision 399R on Schedule Nos. 264
and 265 of Appendix "A", and described as Block 54, Registered
Plan 1798, Part of Blocks 132 and 136, Registered Plan 1647, Part
of Lots 1 0 and 12, Registered Plan 591 and Part of Lot 118,
German Company Tract, in the City of Kitchener, the minimum floor
space ratio shall be 0.72.
455. Notwithstanding anything else in this By-law, within the lands zoned
R-4 on Schedule Nos. 264 and 265 of Appendix "A", and described
as Block 54, Registered Plan 1798, Part of Blocks 132 and 136,
Registered Plan 1647, Part of Lots 10 and 12, Registered Plan 591
and Part of Lot 118, German Company Tract, in the City of
Kitchener, the minimum lot area for semi detached dwellings shall be
235 square metres."
PASSED at the Council Chambers in the City of Kitchener this
day of , 2007.
Mayor
Clerk