HomeMy WebLinkAboutDTS-05-133 - MPA04/05/W/TC - ZC04/23/W/TC - Draft Plan of Subdivision 30T-05202
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KITCHENER
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
August 22, 2005
Jeff Willmer, Director of Planning 741-2325
Brandon Sloan, Planner 741-2648
Terry Boutilier, Senior Planner 741-2303
Ward 6
July 29, 2005
DTS-05-133-PL
Municipal Plan Amendment MP 04/05/W/TC
Zone Change Application ZC 04/23/W/TC
City of Kitchener
and
Draft Plan of Subdivision 30T-05202
Common Element Condominium Application CDM-05205
[Site Plan Application SP 05/32/W/BS]
Stirling Bridge Ltd.
52 & 90 Woodside Avenue
RECOMMENDATION:
That the recommendations for the redevelopment of 52 and 90 Woodside Avenue as contained
in Appendix A to report DTS-05-133-PL be approved.
EXECUTIVE SUMMARY:
The City of Kitchener has initiated Municipal Plan Amendment and Zone Change applications to
help facilitate the reurbanization of an industrial brownfield site within one of Kitchener's central
neighbourhoods into a well-designed and integrated medium density residential development.
Stirling Bridge Ltd. is remediating the property municipally known as 90 Woodside Avenue and
is proposing to move forward with a Plan of Subdivision, Common Element Condominium and
Site Plan for a 130-unit townhouse and live/work community with individually owned lots fronting
a private road, within the existing Mill-Courtland Woodside Park community. The proposed
redevelopment and intensification of the subject lands requires consideration of many complex
issues and the recommended approvals of the applications include many conditions. The
consideration of this reurbanization project has attempted to utilize a more collaborative and
consultative approach with respect to public involvement, including a design charette prior to
circulation of the applications.
BACKGROUND:
Since the early 1900's the subject lands at 52 and 90
Woodside Avenue have been used for industrial
purposes. Canada Blower and Forge and then Howden
Fans operated their businesses on the property located
east of Queen Street and north of Highland Road, just
outside of Kitchener's Downtown. In the 1990s, Howden
Fans closed their operations and the old industrial building
and property remained vacant until a new purchaser in
2000 proposed to establish a contaminated soil recycling
use at 90 Woodside Avenue.
The surrounding community and the City of Kitchener started working closer and closer together
in the determination of what to do with old industrial sites, such as the subject lands, that may
no longer be entirely suitable for industrial use within the residential and mixed use community
that has grown up around it. Through a Zoning By-law amendment in 2001, certain industrial
uses were no longer permitted within the central core of the City and ultimately, the soil
recycling use was never established. Following a similar approach to that used with the
proposed redevelopment of a former brownfield site at 1 Adam Street (St. Leger / Margaret Ave.
area) staff, in consultation with representatives of the concerned neighbourhood group and the
potential new owners of the site, prepared a report to Council in the Fall of 2004 recommending
that the City initiate applications to promote and facilitate
the redevelopment of the known brown field site at 90
Woodside Avenue. Council endorsed this
recommendation and staff proceeded to notify the key
stakeholders and held a design charette in January 2005.
The formal development applications (Municipal Plan
Amendment, Zone Change, Plan of Subdivision, Plan of
Condominium and Site Plan) were circulated thereafter in
the early part of 2005.
REPORT:
Development Design
Consideration of the proposed redevelopment of the subject lands followed an "urban design-
based" approach. The design of the project illustrates an internal grid pattern with access from
Highland Road and Woodside Avenue and the incorporation of some short blocks and an
exceptional linear open space corridor through the heart of the development. The applicant is
proposing to develop a range of townhouse sizes, heights and architectural styles with brick
construction. There will be a mixture of two and three storey units with extensive thought given
to the treatment of each block of townhouses to differentiate it from the rest of the dwellings.
Garages would be recessed or flush with the main entry, corner units will provide a detailed
design to enhance the streetscape, porches and wrap-around porches are included, extensive
windows on all sides of the dwellings are contemplated and attention has been given to
providing different roof lines, archways and other treatments such as rear elevations (please
see the coloured elevation drawings of the units within the report).
When considering plans of subdivision and new
developments, one of the objectives considered by Planning
staff is to ensure there is a range of housing opportunities
and styles, with the overall aim to encourage diversity within
a neighbourhood and within the City as a whole. Although
the current plan of subdivision proposes primarily one form
of housing, street townhouses, the zoning does allow for
multiple dwellings, and this type of townhouse development
would actually provide a desirable housing option within the
context of the broader neighbourhood. The overwhelming
type of housing within the surrounding area is single
detached and multiple dwellings. There are limited
townhouses within the area. These well-designed homes
are intended to be marketed to the full range of potential
occupants; from young professional, to families and to
empty-nesters/seniors. The different designs of the
dwellings themselves and the range of expected occupants
is hoped to provide a microcosm of diversity within the
development itself and a welcome addition to the rest of the
neighbourhood.
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The units generally range between 1300 and 2000 square feet with 93 two-storey units, 26
three-storey units and 11 two-and-a-half storey units. The aim is to provide dwelling types and
amenities that could be family-oriented or able to attract a range of potential residents including
young families. This would not only assist with the continued regeneration of the neighbourhood
school, parks and recreational facilities, but should also be a model for increasing population
density (versus small apartment units that are not as conducive to families or large lot single
detached dwellings that consume more land).
Furthermore, there are 11 proposed "LivelWork" units fronting onto Highland Road with their
garages to the rear of the building. These units would be designed with approximately half the
main floor devoted to a business use operated by the resident of the dwelling. Although home
businesses are permitted City-wide in residential zones, the expanded provisions to allow a truly
live/work option is another element that is highly encouraged to allow for less reliance on the
automobile, encourage new incubator businesses within the City and keeps some "eyes-on-the-
street" during the day when many other residents are at their place of employment. In addition,
the subject site is within walking or transit distance of many other places of employment,
commercial and institutional uses (such as St. Mary's Hospital).
The design of this development has had regard for the
City's Urban Design Guidelines. The treatment of the
adjacent public realm has also been considered. The
applicant proposes to introduce on-street parking along
the Highland Road frontage of the development and
Woodside Avenue is proposed to be improved to
provide a more pedestrian-friendly environment. The
adjacent parks and central open space will be
discussed in further detail later in the report.
Ultimately, the effort placed into the central amenity space, the design of the dwellings and the
additional treatment and care given to streetscape improvements and the adjacent parkland
should help provide the elements for creating a sense of identity, place-making and lively and
interesting streets.
Walkability - Central Park Space, Proximity to Mixed Use/Amenities and Pedestrian Charter
One of the most significant design features of the development is a lively, "urban" open space
and play area that provides a continuous pedestrian network directly through the centre of the
development. This rich and diverse feature will contribute to the community and street fabric
through the provision of a unique and direct public connection from Queen StreetIWoodside
Avenue to Highland Courts Park and the Iron Horse Trail.
The central park space/open space corridor is proposed to include walkways, play areas, a
gazebo, seating areas, extensive tree plantings and other landscaping, a formal entrance to
Highland Courts Park and other design features such as low decorative walls and pillars.
Important walkways will be provided to link the adjacent parks and playground. The intent is to
create a portion of new sidewalk/walkway along Woodside Avenue into the site that has a
stamped industrial symbol into the concrete material (similar to the treatment recently
introduced along Market Lane) as another method of interpretation for future pedestrians and to
help celebrate our industrial heritage. The end of Woodside Avenue or central open space
corridor is also a perfect location to incorporate an industrial artifact or a formal public art piece.
Not only does the central walkway corridor that links multiple recreational destinations within the
fabric of the community provide an approach that is consistent with the City of Kitchener's
Pedestrian Charter, but the proximity of the lands to employment, commercial and institutional
uses is a major advantage and characteristic of the site that should be attractive as a walkable
development within the heart of Kitchener. Furthermore, the incorporation of proposed
LivelWork units within the development reduces the potential dependency on automobile usage
for those residents searching for such an opportunity. This residential development is located
within close proximity to six transit routes, relatively close walking distance to the main transit
terminal and is adjacent to the City's main walking and cycle trail (Iron Horse) within the central
portion of the City. Victoria Park is also within walking distance.
Ultimately, the feeling is that the proposed redevelopment and reurbanization of the property
should create new, interesting and hopefully delightful places.
Record of Site Condition
Based on the long-term industrial usage of the site and the intensive issues dealt with during the
soil recycling proposal, it is public knowledge that there is some form of contamination on the
subject lands with foundry sands and potentially other publicly-unknown contaminants.
Remediation of the site has been on-going for much of this year with the intent to clean up the
soils to residential standards. The applicant for the proposed redevelopment of the site has
advised that they expect to file a Record of Site Condition with the Ministry of Environment
(MOE) in the middle to end of August, 2005. The RSC would then be posted and publicly
available. Staff recommend that the City requires the clearance letter from the Region of
Waterloo indicating that the RSC is clear for the subject site (including any audit), prior to three
readings of the proposed Zoning By-law for residential land use and that the Region also holds
the Municipal Plan Amendment until that time. The subdivision, condominium and site plan
applications would require approval to residential land use prior to proceeding to final approval.
Provincial Policy Statement, 'Places to Grow' and Regional Growth Management Strategy
The Municipal Plan Amendment and Zone Change applications have had regard to the
Provincial Policy Statement, 1997. Specifically, one of the objectives of Section III-Policy 1.1.2
is to provide "opportunities for redevelopment, intensification and revitalization in areas that
have sufficient existing or planned infrastructure". The Plan of Subdivision and Condominium
are consistent with the new Provincial Policy Statement, 2005. The 2005 PPS strongly
encourages such goals as residential intensification and redevelopment, including brownfield
sites and utlizing existing infrastructure. Specifically, Policy 1.4.3 states:
"Planning authorities shall provide for an appropriate range of housing types and
densities to meet projected requirements of current and future residents of the regional
market area by...
c) directing the development of new housing towards locations where appropriate
levels of infrastructure and public service facilities are or will be available to
support current and projected needs;
d) promoting densities for new housing which efficiently use land, resources,
infrastructure and public service facilities, and support the use of alternative
transportation modes and public transit in areas where it exists or is to be
developed, and
e) establishing development standards for residential intensification,
redevelopment and new residential development which minimize the cost of
housing and facilitate compact form, while maintaining appropriate levels of
public health and safety."
In addition, the proposed brownfield redevelopment within the City's existing urban area is one
of the objectives within the Province's 'Places to Grow' document. This is further exemplified
through the Region of Waterloo's Growth Management Strategy which strongly promotes
"reurbanization", transit-supportive development, protection of a "countryside line" and building
vibrant places. In particular, the proposed redevelopment directly addresses Goals 2, 3 and 4
of the RGMS.
Municipal Plan Amendment [City of Kitchener]
The current land use designation on the subject lands is General Industrial with Special Policy
#10 within the Mill-Courtland Woodside Park Secondary Plan. This designation recognized
historical industrial uses within the central portion of the City and some of the permitted uses
include manufacturing, printing establishment, repair service and the sale of certain products.
Special Policy #10 allows for stamping, blanking or punch-pressing of metal and the smelting,
refining, rolling, forging or extruding of ore or metal that were associated with past businesses of
Canada Blower/Canada Pumps Limited.
During the past several years, Planning staff had initiated a review of all of the Secondary Plan
designations and policies within the Municipal Plan. One of the initiatives was to identify all of
the industrially designated lands within the nine secondary plan areas and consider whether the
areas are suitable to be retained as industrial areas, should be transitioned to alternate land
uses in the future (ie. comprehensive development areas) or be redesignated for a specific land
use such as residential that would be more compatible with the surrounding area. 52 and 90
Woodside Ave. was considered to be one of the potential candidate sites where industrial land
use may no longer be the most compatible with the surrounding area. This was exemplified
through the extensive considerations of the proposed soil recycling / manufacturing use on the
property 4 years ago. There are still extensive opportunities to retain other sites for industrial
and employment use within the Mill-Courtland neighbourhood and other locations such as North
Ward within the Central Neighbourhoods of the City. The subject lands are also a known
brownfield site and it is an objective of the City to encourage the remediation of such lands.
As a result, the subject lands are recommended to be redesignated as Medium Density Multiple
Residential. This designation primarily permits multiple dwellings (including townhouses) to a
maximum density of 200 units per hectare or a Floor Space Ratio of 2.0. This category is
recommended to be appropriate for a redevelopment/intensification site within the central area
of the City that has existing infrastructure and public service facilities, that is transit-supportive
and is compatible with the surrounding area as the site is buffered on most sides (parks and
railway). A medium density residential development could assist with providing a range of
housing options within the neighbourhood and contribute additional density and population to
help sustain neighbourhood schools, public service facilities, parks and businesses. Higher
intensity development (ie. large apartments) is more appropriately located in the nearby
Downtown and Queen Street Mixed-Use Corridor. The subject lands are attractive and
appropriate for a transition to residential land use (once the remediation to residential standards
is complete).
Redeveloping the site with residential at a compatible and appropriate
density would help further satisfy the findings of the City's Built Form
Review. The redevelopment of 90 Woodside can help reduce any
pressures on stable, central portions of neighbourhoods in order to
accommodate our projected future growth in brownfields, the Mixed Use
Corridors and the "Re-urbanization Corridor" of the RGMS.
The introduction of residential land use with respect to the adjacent lands to the northwest,
currently used by Weber Supply Co. and designated and zoned for General Industrial, is a
consideration. The MOE guidelines for land use compatibility were considered. The existing
use of the Weber Supply property is warehouse distribution/retail, office and self-storage. The
applicant's stationary noise study and analysis has identified that the uses of the property do not
generate any exceedences of the MOE standards that would impact the Stirling Bridge site (nor
is there any substantial dust or odour impacts). Notwithstanding, the applicant is proposing the
following measures to further promote compatibility with the adjacent industrial property:
. Minimum 20m setback within the zoning and the development design.
Leave the existing right-of-way for access over 52 Woodside in favour of the
adjacent use solely to be utilized by the adjacent use.
Install and maintain a 2.4m high acoustic fence between the right-of-way and
the residential development parcel.
Provide a landscape strip and additional landscaping.
. Orient the units so that the blocks of townhouses are not directly backing onto
or fronting the adjacent site.
Consideration was also given to the "reasonable" potential to establish a heavier industrial use
on the adjacent property, such as a Class II facility, and what potential impacts or mitigation
there may be. In this regard, it should be identified that there currently is residential land use
20m away from the Weber Supply site on the opposite side of Queen Street. These residential
dwellings currently face the main loading and truck access, which happens to be screened by
the main building from the 90 Woodside Avenue site. To the best of staff's knowledge, there is
no Certificate of Approval or definitive plan in place at this time to redevelop the adjacent site
with a heavier industrial use in the immediate future (it appears that a more office-oriented use
has recently being established within the existing building). Notwithstanding, the proposed
measures to be provided on the 52/90 Woodside Avenue site provide additional abatement
techniques to the adjacent site. Furthermore, it is recommended that a warning clause be
established on the future lots in the subdivision near the adjacent Weber Supply site that clearly
identifies the nature of the adjacent industrial site for the awareness of any future resident.
The potential exists for employment and residential land uses to coexist together in relative
close proximity. These uses would provide a truly 'mixed-use' neighbourhood, with different
primary activities yielding people being in similar places at different times of the day. The past
and current uses on the remaining industrial site have been surrounded by residential land use
since the early parts of the 1900s. Improvements to Woodside Avenue will allow for the
coexistence of trucks, vehicles parking for the adjacent land uses and pedestrians. The
coexistence of these uses could help contribute to neighbourhood diversity.
Based on the foregoing, the Municipal Plan Amendment can be considered appropriate for the
redevelopment and use of the land and is compatible with the surrounding area. The
amendment complies with the Regional Official Policies Plan, has had regard to the PPS and
would help implement the objectives of the Province's 'Places to Grow' documents and the
RGMS.
Zoning By-law Amendment [City of Kitchener]
The rezoning proposes to replace the existing industrial land uses with residential. The existing
General Industrial Zone (M-2) currently permits uses such as manufacturing, printing
establishment, repair service, warehousing and quasi-commercial land uses. The existing
special use provisions (156U and 159U) that are still on this property also permit the stamping,
blanking or punch-pressing of metal and the smelting, refining, rolling, forging or extruding of ore
or metal. These special uses were to allow the former use of the property that is no longer in
existence and there appears to be no immediate action to re-establish these uses on this
particular site. Considering that the site has become less qualified to continue with industrial
use within this central neighbourhood, it is proposed to be rezoned to facilitate a transition in
land use and reurbanization to residential use.
The proposed base zoning is Residential Eight (R-8) which typically is a medium rise residential
zoning category. The intent to recommend the R-8 zone for the subject site is to ensure that
there is a certain amount of density provided to meet the Provincial, Regional and City
objectives of utilizing existing serviced land effectively and providing transit-oriented
development. The density range is measured in Floor Space Ratio (FSR) that translates into a
maximum of 2.0 times lot coverage for the R-8 zone. Typically, the maximum building height
within the R-8 zone is 24.0 metres or approximately 8 storeys. Given several factors, including
the aim of increasing population density, the direction to provide more intensive and higher
developments in the nearby Queen Street mixed use corridor and the Downtown and
considering the strong direction provided by the majority of surrounding residents at the Design
Charette and through preliminary circulation comments, the recommendation is to incorporate a
more compatible and transition of building height with the surrounding community. The special
zoning provision proposes to limit the maximum building height for most of the site to 10.5
metres or 3 storeys. This area would be from Highland Road to the central open space corridor.
The northerly portion of the site would be limited to
17.5 metres or approximately 5 storeys, which
could ultimately allow for a retirement home or
similar sized building, and this height is considered
to be compatible with the surrounding area
especially considering the separation distance to
any other residential low-rise dwellings.
Notwithstanding the proposed maximum zoning
provisions, Stirling Bridge is proposing to move
forward with a townhouse development that would
be a maximum of 3 storeys in height.
The minimum FSR proposed for the zoning of this
particular site is 0.69. This neighbourhood is near two heritage districts and the intent of the
redevelopment on the subject lands is to maintain a similar scale; however achieving a more
compact urban form. The proposed development would generally be a higher density than the
existing surrounding housing, yet it is considered to be compatible. The higher forms of
development are intended to be directed to the nearby Downtown and the Queen Street Mixed
Use Corridor. There are several site constraints that reduce the amount of land available for
building coverage, such as the railway setback and berm and the right-of-way and 20m setback
to the adjacent industrial property. Also, introducing an expanded open space corridor / play
area within the development was determined to be a desirable objective of the community
(through the design charette) and staff to improve liveability. Furthermore, the proposed gross
floor area of this townhouse development is more than 23,000 m2, which happens to be
comparable to much higher forms of development such as the 14 storey apartment building at
Queen/Courtland within the Mixed Use Corridor. The intent is to provide a form of housing that
could achieve added population density. Therefore, the proposed density and intensity of this
site is considered to be compatible within the Mill-Courtland neighbourhood.
There are several special regulations that are required within the Zoning By-law to allow for the
proposed redevelopment. These items include:
" Permitting the townhouse development on individually owned lots to front a private
road that is part of a Common Element Condominium, rather than a public street.
" As a measure of compatibility, a 20m setback is proposed for a residential dwelling
from the remaining, adjacent M-2 Zone.
" Allowing for LivelWork Units by making provisions for greater flexibility in the existing
home business regulations for street townhouses. This includes allowing the home
business to be up to 45 m2 in floor area and permitted to have up to one customer or
client at one time. These regulations are similar to those already in place for single
detached dwellings; townhouses typically have more restrictive regulations.
" Providing reduced setback regulations to internal roads to allow for flexibility in
design and the creation of attractive corner units to enhance the streetscape. Also,
reducing the setback of a unit to the central open space corridor.
" Establishing a minimum distance between blocks of townhouses.
Originally, commercial uses were contemplated as a possibility to provide for a site specific
mixed use development. The surrounding district contains a significant amount of commercial
land uses that are already established that future residents of 90 Woodside Avenue could
utilize. Also, an original concept that envisioned a potential seniors-oriented development is no
longer contemplated and with additional traffic and other impacts of specific commercial uses,
they are no longer being considered in the zoning of this site at this time. The exception is that
provisions are made for LivelWork units whereby residents could establish their office or
business within their home.
The proposed zoning is appropriate for the redevelopment and reurbanization of the subject
lands and is considered to be compatible with the surrounding area.
Site Plan
The Site Plan and associated site work drawings such as Grading, Servicing,
Landscaping, Tree Management, Lighting and Building Elevation renderings
have been completed and staff have reviewed them to an acceptable level.
Once Council considers the associated applications and if any residential land
use is approved, staff could proceed with a formal approval of the site plan.
With this form of development, the intent is to combine all of the conditions of
development into one subdivision agreement.
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Heritage
The subject site is not designated under the Ontario Heritage Act, nor is it on the City's Heritage
Inventory. The lands are in proximity to the Victoria Park Heritage Conservation District and the
St. Mary's Heritage Conservation District and are a former, long-standing industrial site. The
open space system through the development proposes to incorporate historical elements into
the design and interpretation, including any historical facts provided through consultation with a
local resident historian of Woodside Park.
Parkland
The parkland dedication for the plan of subdivision will be satisfied through
cash-in-lieu of parkland. Staff propose that CIL funds from this particular
development are not necessarily needed for the acquisition of more
parkland to suit this area as there are two significant parks adjacent to this site. Instead, the
funds could be injected into improvements to the park/playground/open space improvements in
the parks and City-owned land. Staff will continue to work with the applicant on a coordinated
team with respect to the provision of useable and attractive play areas and open space linkages
through the development and the necessary park improvements which have been identified as a
significant community objective. Matters such as any fencing improvements required for the
adjacent Woodside Park or Highland Courts Park, pathways, lighting and signage will also be
part of the consideration.
The improvements to the surrounding parkland, incorporation of a noteworthy central amenity
space within the development and the infusion of new families and residents to this part of the
neighbourhood should help us strive towards creating lively parks in lively places.
Environment
There are no significant natural environmental features that need to
be considered with respect to the subject site. A few trees near the
front of the site towards Highland Road may have to be removed to
allow for the construction of the street-fronting LivelWork units. Trees
and vegetation on the adjacent City parkland will be protected
through the required Tree Management Plan.
Engineering
The subject lands are within an existing serviced area and will assist in utilizing the City's
existing infrastructure more effectively and efficiently. An existing City storm sewer that runs
from Woodside Avenue through the subject property will have to be relocated to a more
appropriate location in combination with the site construction. A stormwater management pond
will not be required for the site with other site drainage techniques being utilized.
Traffic and Parking
A Traffic Impact Study was completed to the
satisfaction of the City and Region. A south-
easterly bound left turn lane on Highland
Road into the site will be required and a
southwest bound left turn lane on Queen
Street to Woodside Avenue will also be
required, with the Region following up with
any additional works on Queen Street to be
determined as part of an upcoming
Environmental Assessment.
11
The applicant is proposing to create 12 new on-street parking spaces along the Highland Road
frontage of the property. Improvements to Woodside Avenue are also proposed with the intent
to maintain the existing parking on the street or add parking if possible. As a street townhouse
development, technically the parking requirement is one space for each dwelling. However,
given the normal usage of garages, the preference of some residents to have more than one
vehicle and that the private condominium road does not usually have full on-street parking
provisions for visitors, staff have attempted to ensure that there would be adequate on-site
parking. Each garage is located a minimum of 5.5m set back from the internal road/sidewalk to
ensure that there is space within the driveway for one vehicle if needed. Also, throughout the
site there are 33 additional visitor parking spaces (including 2 barrier-free spaces). Therefore,
with the garages, driveways, on-site visitor spaces (total of 293 spaces for 130 units) and the
new on-street parking on Highland Road and on Woodside Avenue, there should be adequate
parking spaces available to serve the development.
Emergency Access
Given that there are two permanent access points from municipal streets (Highland Road and
Woodside Avenue), the development complies with Council's Emergency Access and Multiple
Unit Identification Policy.
Community Input
In response to the preliminary circulation of the development applications, staff received 22
written responses (the letters are attached as Appendix "D" to this report). The following chart
summarizes the comments and responses to the items that the community identified:
onse
· Concerned with 8-storey building height · Max. building height proposed to be 3
· The city should attempt to achieve storeys for most of site and 5 storeys for
higher density through building forms remaining area.
other than high rise residential buildings. · Townhouses proposed with amenities to
encourage family-oriented units to increase
o ulation densit .
· Adequate high rise inventory in the · The proposed zoning has been amended
vicinity. Single detached, semi-detached to no longer allow for buildings up to 8
and townhomes are preferable; any storeys and instead limit the height to 3 or
multi-storey building should be limited to 5 storeys as suggested through several
a maximum of 5 storeys. resident comments
· The proposed density of 2.0 FSR could · See above comments.
be effective and well integrated into the
community. Opposed to maximum height
of 8 storeys. Create a smaller parcel
zoned for 8 storeys next to Weber
supply, or limit the height to 4-5 storeys
for the entire site
Commercial enterprises should be The zoning no
avoided.
· The ro osed residential area needs to ·
12
encroach on adjacent park space, and will
include new play areas/open space to
function as a connection between the two
adjacent parks.
· There will be some noise during
construction.
· A Traffic Impact Study was completed and
the addition of left turn lanes are required
to enter the site.
· The LivelWork units provide an opportunity
to reduce vehicle usage.
· The % green space within the
development is 39.2% which is greater
than the aved area.
· R-5 zoning on Highland Rd. to blend with · The 2 storey, LivelWork units are designed
homes across the street. to front onto Highland Rd. with garages in
· Proximity to heritage district the rear with the intent to "blend" with the
· Volume of traffic on Highland Rd. must homes across the street.
be taken into consideration. · The proximity to Heritage Districts has
been considered.
· Traffic Impact Study completed. Two
entrances to the development will be
provided to alleviate traffic concerns along
Hi hland Rd.
The maximum height has been reduced as
per above comments.
· The development is to consist of
townhouses that are of a "high
architectural quality". Building Elevation
drawings are required to the approval of
Planning staff (see drawings within this
report). There will be a berm along the
portion of the site near the existing
trailway.
· Parking is provided for each individual
townhouse unit (garage plus driveway)
with additional visitor parking located
throughout the site and the introduction of
on-street parking. Landscaping will also be
an im ortant com onent of this ro'ect.
· Supports medium density residential. · No convenience commercial is included in
Opposed to any convenience the zoning for this site.
commercial.
be both constructed and planned in such
a way that there will be no undue noise,
vehicle traffic and fumes and no
decrease of available green space
available.
· Development must not be done at the ·
expense of existing healthy neighbouring
uses. The proposed development should
not cast shadows on the neighbouring
properties. Request a shadow study be
conducted and the height be reduced to
5-6 storeys.
· Prefer townhouses that are of high
architectural quality, attention needs to
be given to the side of the development
facing the walking trail.
· Parking needs to be dealt with in an
attractive manner (Seagram Lofts)
space featuring play
has been added to the
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the complex.
Traffic is also a concern with the number
of new residents, speed bumps should
be provided.
Disappointed in the layout of the
development. Only consideration taken
into account was the elimination of the
high rise building. A mix of housing types
is felt to have been ignored by the
developers.
Fear a lack of architectural character,
creating a suburban development close
to the downtown.
Concerned with the lack of proposed
play area within the actual complex.
Additional equipment should be provided
in Highland-Courts Park if no play space
is provided in the new development.
Consider increased traffic on Woodside
Ave. and effects on children using Harry
Class Pool, need to warn area residents
about increased traffic on Woodside Ave.
and amendments to entrance and exit to
the pool to avoid accidents.
Support land use, scale, building height
and density.
Buildings facing Highland Ave. are
appropriate.
Walkways to connect park space should
be provided.
A condominium townhouse development
would suit the area well.
Units 1-11 should not have driveways
onto Highland Rd.
Entrance between units 11 and 12
should be a walkway instead of a
roadway.
Looking for more detail on what the
townhouses will look like, materials and
design and improvements will be done to
adjacent City-owned space.
The street pattern has been designed to
reduce potential thru-traffic and vehicle
speed within the development. See above
comments re: Traffic Impact Study.
The site and townhouse units have been
designed in a way that provides the units
with a unique identity and character. The
traditional block pattern of the
development reflects the existing street
pattern in the area. The architectural
detailing should provide an enhancement
to the surrounding context of the site.
Staff also prefer a range of housing types.
As identified within the report, the different
types/styles of townhouses does provide a
mixture of housing types within the
predominantly single detached/multiple
dwelling neighbourhood. The ability for
the developer to market and sell this form
of housing is also a consideration to help
facilitate the brownfield redevelopment.
Play space has been provided in the new
development to alleviate pressures on the
two adjacent parks. Pedestrian linkages
are being provided to provide residents
with a safe connection between the two
parks.
Improvements to Woodside Ave. are being
proposed that would include appropriate
curbing, parking, lighting and safety
measures. The intent is to create a more
pedestrian-friendly environment.
All suggested matters have been
considered and will be provided.
The driveway entrances for Units 1-11 will
be off an internal roadway (the front door
of the units will face Highland Rd.).
The vehicular access from Highland Rd. is
required to provide a means of secondary
access for emergency response. It will also
help to ease any traffic concerns on
Queen Street / Woodside Ave.
Elevation drawings have been provided
indicating a "high level of design and
14
landscaping. Preference for Brick as an
exterior finishing material.
. Where is the visitor arkin ?
. Site Design does not reflect suggestions .
given at the design charette.
. Too many town homes, are any
wheelchair accessible, handicap parking .
spaces should not be located at the rear
of the property.
Is there onl one arba e area?
In favour of 136 Townhouses.
. Concerned with turning into the site due
to volume of traffic on Highland Rd. A
noise wall should be considered.
Existing trees should be left untouched.
materials". Brick construction is proposed.
Visitor parking is being provided
throu hout the site.
The site design has been amended since
the first circulation. Many comments from
the charette have been taken into account.
Garbage is intended to be curb-side
pickup.
. The design has considered universal
accessibilit .
. Traffic concerns have been addressed
with second entrance from Woodside Ave.,
a noise wall is not being considered in
order to keep the facades of the
townhouses visible from the street.
. Trees will be retained where ossible.
. Opposed to new neighbours that might . The townhouse units have been arranged
voice concerns regarding a change in in order to minimize the effect of noise
the adjacent industrial uses. Mixing from the adjacent industrial land use. The
residential with industrial activities in this side yards of two units instead of an entire
close proximity is not good planning row of rear or front yards would face the
practices. Not totally opposed to industrial site. These units are buffered by
residential, but opposed residential units an internal road, landscape strip, 2.4m
in such close proximity to industrial uses. high acoustic fence and a right-of-way
Concern regarding future neighbourhood from the adjacent site to the northwest. A
noise complaints. minimum 20m setback for new residential
. Concerned with proximity to active CN dwellings is proposed in the Zoning By-law
rail line and the noise and vibration and is reflected within the development.
generated. Furthermore, a warning clause is proposed
. Opposed to opening up Woodside Ave. to be registered on title and within all offers
due to increased traffic and connections of purchase and sale identifying the use of
to Highland Rd. the adjacent site to potential purchasers. A
. Concerned with spill over parking from stationary noise study has been prepared
the site using the parking located on which identifies there is limited noise from
Woodside Ave. the adjacent existing use.
. A noise and vibration study was prepared
to address the adjacent CN Railline. The
study is to the satisfaction of CN Rail and
all recommended abatement measures will
be included within the development
including a combination 4.0m high
safety/noise berm and acoustic fence.
. Woodside Ave is a public right-of-way for
use of access/egress to any property that
has access. The road is proposed to be
improved; however it is not intended to
eliminate the parking that the existing
Weber Supply use currently enjoys.
Access and truck turning movements to
the above noted site will be maintained.
. Ade uate arkin has been rovided.
15
The proposed redevelopment has followed a community-based planning approach with
substantial collaboration between resident representatives and City staff and the applicant. City
staff and the concerned resident group have been exchanging information and ideas for many
years regarding the site in order to create a successful infill project that respects the
surrounding neighbourhood. Planning staff met with the resident group representatives prior to
proceeding to Council in the Fall of 2004 with the report to
request direction to move forward with the proposed land use
change. The community based planning approach also
included a design charette held in January 2005, prior to any
circulation of applications for the site. The charette provided a
forum for City staff, community residents, the site developer
and other stakeholders to come together and develop new
ideas and concepts for 90 Woodside Avenue.
Two preliminary circulations were also sent to community
residents regarding the Municipal Plan Amendment and Zone
Change, as well as the Subdivision application and Site Plan.
Several comments were received from both the charette and
the circulation which have been summarized in the community
input chart. Concerns such as the maximum building height,
lack of playground / park space and architectural design of the
new dwellings have all been considered and influenced the
outcome of the current development design.
This collaborative process was encapsulated in an article in
The Record, prepared by the representative of the concerned
neighbourhood group, describing the successful role the
neighbourhood residents have played in the redevelopment of
this site. City staff and representatives from community
groups continue to meet to ensure the project is successfully
integrated into the fabric of the community.
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 new or additional Capital Budget requests are associated with this recommendation.
The Engineering Services' street reconstruction budget is proposed to consider the upgrading of
Woodside Avenue in 2006 as one of the streets within the normal budget. The applicant will be
responsible for a proportion of the upgrades. The design and installation of the required turn
lanes and the proposed on-street parking on Highland Road are at the cost of the developer.
The cash-in-lieu of parkland is proposed to be used directly towards improving playgrounds,
park and open space (rather than acquiring additional land). The reduced development charges
within the Central Neighbourhoods, coupled with Development Charge credits from the
demolished building and an upcoming Brownfield TIF as part of the Community Improvement
Plan are significant incentives for the redevelopment of this site.
16
The benefit of this form of development as an infill, redevelopment situation versus a standard
greenfield plan of subdivision is that the roads, parking areas, open space, play area,
streetscaping, lighting and the berm in this development will be part of the common element
condominium and the surrounding servicing, road, social and green infrastructure is already in
place. Therefore, the City will not have the financial implications taking on the maintenance of
significant new items such as municipal roads, sidewalks, storm ponds, parks, etc.
COMMUNICATION:
The proposed redevelopment of the subject site followed an open and consultative process with
the public. An initial staff report prepared in the Fall of 2004 to the Development and Technical
Services Committee of Council regarding direction to proceed with the applications was
provided to the concerned resident's group and made available to others. A public design
charette was held in January 2005 with the key stakeholders present and additional press
coverage.
The Municipal Plan Amendment and Zone Change applications were first circulated to
departments/agencies and property owners on February 4th, 2005. The draft plan of subdivision
and notice of the site plan application was first circulated on March 30th, 2005. Given the nature
of this specific development proposal, all mailouts were sent to surrounding property owners
well beyond the standard 120 metres of the subject lands. Notice signs were placed on the
subject site advising of the applications. In response to the preliminary circulations of the
applications, staff received 22 letters from the community. These are discussed in the
'Community Input' section of this report and are attached as Appendix "D".
Notice of the August 22nd, 2005 public meeting of the Committee of Council dealing with
Development and Technical Services matters was advertised in The Record on July 29th, 2005.
A copy of the advertisement is attached. As a minimum, the report will also be sent to those
that were in attendance at the charette and that provided a written response to the applications.
CONCLUSION:
Based on the foregoing, the Municipal Plan Amendment, Zoning Change, Draft Plan of
Subdivision and Common Element Condominium are consistent with the Provincial Policy
Statement, follow the general direction outlined in the Province's "Places to Grow", the Region
of Waterloo's Official Policies Plan and Regional Growth Management Strategy. Once the
clearance is provided for the Record of Site Condition, the subject site should finally be in a
position to "re-urbanize" as a successful, model residential redevelopment of a brownfield site.
This redevelopment is a potential asset and strength for the City of Kitchener within the Region
of Waterloo and therefore staff recommend approval of the applications.
Brandon Sloan, MCIP, RPP
Planner
Terry Boutilier, MCIP, RPP
Senior Planner
Jeff Willmer, MCIP, RPP
Director of Planning
17
Attachments:
Appendix "A" - DTS 05-133-PL Recommendations
Map "A" - Onpoint Enterprises Air Photo
Plan of Subdivision 30T-05202
Plan of Condominium 30CDM-05205
Site Plan Drawing
Municipal Plan Amendment and Schedule "A"
Proposed Zoning By-law
Newspaper Advertisement
Appendix "B" - Preliminary Circulation Letters and Design Charette Notice
Appendix "C" - Department/Agency Comments
Appendix "D" - Community Input
18
Appendix "A"
Recommendations
A. That Municipal Plan Amendment Application MP 04/051W/TC to amend the land use
designation from General Industrial with Special Policy #10, Neighbourhood Park and Open
Space to Medium Density Multiple Residential on lands legally described as German
Company Tract Sub Lot 17, Lots 359 and 361, Part Lots 362 and 365, Part Lot 366, Plan
183, and Part Lots 1 and 2 Streets and Lanes, municipally known as 52 and 90 Woodside
Avenue, in the City of Kitchener, be aooroved, in the form shown in the attached
'Municipal Plan Amendment' and forwarded to the Region of Waterloo, with the Region
requested to defer approval of the Amendment until such time as the Region has clearance
of the Record of Site Condition for the subject lands.
B. That Zone Change Application ZC 04/231W/TC to change the zoning from General
Industrial Zone (M-2) with special use provisions 156U and 159U and Temporary Use
Provision 8T, General Industrial Zone (M-2) with special use provision 159U and Public
Park Zone (P-1) to Residential Eight Zone (R-8) with special regulation provision 435R on
lands legally described as German Company Tract Sub Lot 17, Lots 359 and 361, Part Lots
362 and 365, Part Lot 366, Plan 183, and Part Lots 1 and 2 Streets and Lanes, municipally
known as 52 and 90 Woodside Avenue, in the City of Kitchener, be aooroved in the form
shown in the attached "Proposed By-law", dated July 29th, 2005, without conditions.
C. 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-05202, in the City of Kitchener, for Stirling Bridge Ltd., subject
to the following conditions:
1. That this approval applies to Plan of Subdivision 30T-05202 for Stirling Bridge Ltd. as
shown on the plan prepared by J.D. Barnes, Limited, dated June 29, 2005 and as shown
on the attached Plan of Subdivision prepared by the City of Kitchener dated July 29, 2005,
which shows the following:
Lot/Block #
Lots 1-130
Block 131
Type Maximum # Units
Street Townhouses 130 units
Road / Parking / Berm / Open Space
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 July 29, 2005 provided that
the Municipal Plan Amendment (MP 04/05/W/TC) and Zone Change Application (ZC
04/23/W/TC) are both in final unappealable format and which shall contain the following
special conditions:
Section 2
Prior to Grading
2.11 The Area Grading Plan shall include the construction and maintenance of an
earthen berm within Block 131 that shall be a minimum berm height of 2.0m above
existing grade at the property line, having side slopes not steeper than 2.5 to 1,
adjoining and parallel to the CN Railway right-of-way with returns at the ends of the
berm. Further, an acoustic barrier shall be located along the top of the berm with a
minimum combined height of 4.0m above the top-of-rail. The acoustic fence/wall
shall be constructed without holes or gaps, and with a minimum surface mass
density of 20 kilograms per square metre.
2.12 The SUBDIVIDER shall prepare a Tree Management Plan in accordance with the
City's Tree Management Policy; and shall show on any required Landscape Plan
the location of drip lines, edges and existing plantings, the location of all existing
trees and the method to be employed in retaining trees required to be protected; to
the satisfaction of the CITY'S Manager of Design and Development. The
SUBDIVIDER further agrees to implement all approved tree saving measures.
Section 3
Prior to Servicing
3.16 The SUBDIVIDER shall make satisfactory financial arrangements for the
relocation of the existing storm sewer outlet for Woodside Avenue to the
satisfaction of the CITY'S Director of Engineering Services.
3.17 The SUDIVIDER shall make satisfactory financial arrangements for the removal
of any redundant service connections and the installation of new connections that
may be required to service this development to the satisfaction of the CITY'S
Director of Engineering Services.
3.18 The SUBDIVIDER agrees to contribute a proportioned payment required to
upgrade Woodside Avenue to accommodate the proposed development to the
satisfaction of the CITY'S Director of Engineering Services.
3.19 Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
shall prepare a Landscape Plan and obtain approval thereof from the City's
Manager of Design and Development showing:
a) planting and surfacing details for all areas not covered by buildings, structures,
loading areas or parking areas;
b) the location of any vaults, central storage and collection areas, or other
facilities for the storage of garbage and recyclable material, including those
which may be internal to a proposed or existing building; or the location of any
outdoor garbage and recycling containers and details for a supporting concrete
pad and, if required by the City's Manager of Design and Development, a
roofed enclosure having a height sufficient to conceal the containers;
c) planting and surfacing details for the portion of all adjacent public property
located between the sidewalks, curbs or streets and the Owner's property line
so as to ensure a contiguous landscaped area between the public streets and
the Owner's proposed development;
d) the construction details of any required fencing and details of the acoustical
fence on Block 131 that shall be constructed without holes or gaps, and with a
minimum surface mass density of 20 kilograms per square metre; and
e) a detailed design for the open space/park corridor portion of Block 131 and
City owned lands at the end of Woodside Avenue, including details of park
entry features to the satisfaction of the CITY'S General Manager of
Community Services and the CITY'S Manager of Design and Development.
3.20 Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
shall prepare a Site Lighting Plan and obtain approval thereof from the CITY'S
Manager of Design and Development.
3.21 Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
shall prepare a concept plan for a multiple unit identification sign, in accordance
with the Multiple Unit Identification Policy in effect on the date of issuance of the first
building permit for development of the lands in accordance with the Subdivision
Agreement; and to obtain approval thereof from the CITY'S Chief Fire Prevention
Officer.
3.22 Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
shall:
(i) Provide a cost estimate for 100% of the total cost of all "site development
works" to be done by the SUBDIVIDER, as required by the Subdivision
Agreement. Such a cost estimate shall include materials, installations,
removals, closures and restorations, project management/co-ordination, and
site supervision, inspection and certification of all site development works, and
shall be in a form satisfactory to the CITY'S Manager of Design and
Development.
(ii) "Site Development Works" to be done by the SUDIVIDER shall include the
following:
(a) On Site works:
stormwater management facilities and rough grading; plant material;
landscape paving essential to the functioning of the site, landscape
structures including but not limited to fencing, screen walls, retaining
walls, roofed enclosures for garbage and recyclable materials,
planters; fine grading; sodding and seeding; curbing; concrete
sidewalks; paving for vehicular traffic and parking and demarcation
of parking on pavement; and
(b) Off Site works:
fine grading and sodding or other approved landscaping within the
boulevard. Additional required off-site works may be done by the
CITY at the SUBDIVIDER'S cost, as specified in the Subdivision
Agreement.
(iii) Provide a Letter of Credit to the CITY'S Manager of Design and Development
for 50% of the total cost of all site development works in a form satisfactory to
the City Solicitor, to be held by the CITY as security for the completion of the
site development works required in the Subdivision Agreement.
3.23 Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
shall submit a fire flow demand analysis conducted by a Professional Engineer, to
the satisfaction of the CITY'S Chief Building Official in consultation with the CITY'S
Engineering Services and Chief Fire Prevention Officer, to determine if the
proposed development exceeds the capabilities of the water distribution system for
fire fighting purposes, or to receive an exemption from this requirement from the
CITY'S Chief Building Official.
Section 6
Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Highland Road only. 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 Services.
6.11 The SUBDIVIDER shall irrevocably direct its solicitors and surveyors to register
Plan of Condominium 30CDM-05205 immediately after the registration of Plan of
Subdivision 30T-05202 and prior to any interest in any lot created by the plan of
subdivision being conveyed or the subject of a charge to third parties. Any
conveyance or charge/mortgage of any interest therein made after the
registration (other than may have existed prior to the registration of the Plan of
Subdivision) of the Plan of Subdivision 30T-05202 and prior to the registration of
Plan of Condominium 30CDM-05205 is null and void and of no effect. Anyone
who purports to acquire any interest in anyone or more of the said lots after the
registration of Plan of Subdivision 30T-05202 and prior to the registration of Plan
of Condominium 30CDM-05205 is bound as successor in title to the
SUBDIVIDER to convey, free and clear of encumbrance, the same to the City of
Kitchener or to a person including the SUBDIVIDER as directed in writing by the
City of Kitchener.
6.12 The SUBDIVIDER agrees that any required site works shall be maintained for the
life of the proposed development, including but not limited to, landscaping, lighting,
tree management, containers and enclosures for garbage and recyclables, grading
and drainage, any stormwater management scheme and traffic control/emergency
fire route signage to the satisfaction of the appropriate approval authority within the
Development & Technical Services Department. To the discretion of the CITY
Solicitor, this clause shall not be released from title.
6.13 The SUBDIVIDER agrees that where the construction or demolition of a building, or
buildings, or site development works are, in the opinion of the City's Chief Building
Official, substantially suspended or discontinued for more than six months, the
Owner shall forthwith provide suitable ground cover to prevent soil erosion by wind,
rain and snow for the protection of adjoining lands to the satisfaction of the City's
Chief Building Official.
6.14 Immediately subsequent to registration of the plan of subdivision and prior to
occupancy of the first dwelling unit, the SUBDIVIDER agrees to establish 1.5m
wide "rear-yard access" easements for maintenance access to the yard space of
internal units within each block of townhouses to the satisfaction of the CITY'S
Manager of Design and Development.
6.15 The SUBDIVIDER agrees that for all Lots, the following warning clause shall be
inserted in all agreements of purchase and sale, and/or rental agreements, to read
as follows:
"Warning: Canadian National Railways Company or its assigns or
successors in interest has or have a right-of-way within 300 metres from the
land subject hereof. There may be alteration to or expansion of the railway
facilities on such right-of-way in the future including the possibility that the
railway or its assigns or successors as aforesaid may expand its operations,
which expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwellings. CNR
will not be responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid right-of-way.
Further, the safety berm, fencing and vibration isolation measures
implemented on this site are not to be tampered with or altered."
6.16 The SUBDIVIDER agrees that for Lots 62-74 and 101-106 inclusive, the
following warning clause shall be inserted in all agreements of purchase and sale,
and/or rental agreements, to read as follows:
"Warning: Purchasers are advised that this property is in proximity to lands
that are used (distribution warehouse and self storage facility) and zoned for
General Industrial use at which times may generate noise levels which are
audible."
6.17 The SUBDIVIDER agrees that for Lots 1-19 inclusive, the following warning
clause shall be inserted in all agreements of purchase and sale, and/or rental
agreements, to read as follows:
"Warning: Due to its proximity to Highland Road, projected noise levels on
this property exceed the Noise Level Objectives approved by the Regional
Municipality of Waterloo and may cause concern to some individuals."
6.18 The SUBDIVIDER agrees that for Lots 44-85 inclusive, the following warning
clause shall be inserted in all agreements of purchase and sale, and/or rental
agreements, to read as follows:
"Warning: Due to its proximity to the CN Railline, projected noise levels on
this property exceed the Noise Level Objectives approved by the Regional
Municipality of Waterloo and may cause concern to some individuals."
6.19 The SUBDIVIDER agrees not to apply for Building Permits for Lots 44-67 unless
the Building Permit drawings and construction for Lots 44-67 includes the noise
and vibration abatement measures recommended in the "Noise and Vibration
Impact Study", prepared by HGC Limited dated March 15, 2005, as amended to
the satisfaction of the Regional Municipality of Waterloo.
The SUBDIVIDER further agrees that prior to occupancy of those units within
Lots 44-67, the required abatement measures shall be implemented as part of
the building construction to the satisfaction of the CITY'S Chief Building Official,
in consultation with the Region of Waterloo or CN Rail if necessary.
6.20 Prior to occupancy of the first dwelling unit, the SUBDIVIDER shall erect the
multiple unit identification sign in accordance with the approved concept plan.
6.21 Prior to occupancy of the first dwelling unit, the SUBDIVIDER shall install at the
Owner's cost, any fire hydrant required by the Ontario Building Code as directed
by the CITY'S Chief Building Official.
6.22 Prior to occupancy of the first dwelling unit, the SUBDIVIDER shall implement the
conceptual building design substantially in accordance with the building elevation
drawings prepared by Viljoen Architect as incorporated into Report DTS-05-133-
PL.
6.23 Prior to occupancy of Lots 62-74 and 101-106 inclusive, the SUBDIVIDER shall
install the required acoustic fence(s)/wall(s) located within Block 131. The
SUBDIVIDER agrees to preserve the function of and to maintain the noise wall
located upon the lands. The purpose of the noise wall is to attenuate noise from
the adjacent industrial property. The SUBDIVIDER agrees that the CITY, through
its employees and agents has the right to enter onto the lands to inspect the
acoustic barrier. The SUBDIVIDER agrees to repair or, if necessary replace the
acoustic barrier to the satisfaction of the CITY'S Director of Engineering Services.
Should the SUBDIVIDER fail to repair or replace the barrier upon receipt of a
written notice from the CITY, as the CITY deems necessary, the SUBDIVIDER
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 SUBDIVIDER
hereby agrees to permit entry upon the lands for this purpose and agrees to
reimburse the CITY fully for all costs of undertaking such work
6.24 Within 6 months of occupancy of the first dwelling unit, or as soon as weather
permits, the SUBDIVIDER shall complete the tree management requirements for
the lands in accordance with the approved Tree Management Plan.
6.25 Within 6 months of occupancy of the first dwelling unit, or as soon as weather
permits the SUBDIVIDER shall complete the approved Landscape Plan
requirements.
6.26 Within 6 months of occupancy of the first dwelling unit, or as soon as weather
permits the SUBDIVIDER shall install 0.15 metre raised curbing in the locations
shown on the Site Plan.
6.27 Within 6 months of occupancy of the first dwelling unit, or as soon as weather
permits the SUBDIVIDER shall implement the approved Site Lighting Plan.
6.28 Within 6 months of occupancy of the first dwelling unit, or as soon as weather
permits the SUBDIVIDER shall pave all areas intended to facilitate on-site
vehicular movement, parking and loading, as shown on the Site Plan, with hot-
mixed asphalt or equivalent and to demarcate the parking on said pavement.
6.29 The SUBDIVIDER agrees that the Letter of Credit will not be reduced until such
time as 50% of the value of the site development works have been completed in
conformity with the approved design and a Site Development Works Certification
Form has been submitted by the Owner and found acceptable by the City's
Engineering Services or the City's Chief Building Official for all storm water
management and/or grading works, including landscaping integral to such works,
required under this Agreement. Upon receipt of all other Site Development Works
Certification Forms required under this Agreement and same being submitted by
the Owner and found acceptable by the City's Manager of Design and
Development, further reductions for other site development works completed in
conformity with the approved design, in amounts in accordance with the cost
estimate, may be permitted by the City.
(i) Despite the foregoing, the City may, at its sole option, permit the Owner to
provide security for the completion of the site development works required in
this Agreement in accordance with the City's Letter of Credit Policy in effect
on the date that the Owner has completed all other requirements for
issuance of the first building permit for development of the lands in
accordance with this Agreement.
(ii) The Letter of Credit shall be kept in force until the completion of the required
site development works in conformity with the approved design and the
requirements of this Agreement. If the Letter of Credit is about to expire
without renewal thereof and the works have not been completed in
conformity with their approved designs, the City may draw all of the funds so
secured and hold them as security to guarantee completion unless the City
Solicitor is provided with a renewal of the Letter of Credit forthwith.
(iii) In the event that the Owner fails to complete, to the satisfaction of the City's
Manager of Design and Development, the required site development works
in conformity with its approved design and the other requirements of this
Agreement within the time required by this Agreement, then it is agreed by
the Owner that the City, its employees, agents or contractors may, at the
City's sole option and in addition to any other remedies that the City may
have, enter on the lands and so complete the required site development
works to the extent of monies received under the Letter of Credit. The cost
of completion of such works shall be deducted from the monies obtained
from the Letter of Credit. In the event that there is a surplus, the City shall
pay it forthwith to the Owner. In the event that there are required site
development works remaining to be completed, the City may by by-law
exercise its authority under Section 427. of the Municipal Act to have such
works completed and to recover the expense incurred in doing so in like
manner as municipal taxes.
(vii) Other forms of security may be substituted for Letters of Credit, at the
request of the Owner, provided that approval is obtained from the City
Treasurer and the City Solicitor.
6.30 The SUBDIVI DER agrees that any home business signage within Lots 1-11 shall
be constructed and maintained in accordance with the approved Sign Design Plan.
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. That the Plan of Subdivision not be released for registration until such time as all of
the conditions of draft approval of Plan of Condominium 30CDM-05205 have been
met to the satisfaction of the CITY'S Manager of Design & Development.
3. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S
Manager of Design & Development and shall obtain approval therefrom.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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 Management 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 CITY'S General Manager of Community Services; 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.
10. The SUBDIVIDER shall satisfy the 5% parkland dedication for the entire subdivision,
which dedication is 0.169 hectares, through a cash-in-lieu contribution, with the
value of the land determined as of the day before the day of draft approval.
11. 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.
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.
12. The SUBDIVIDER shall provide a 5.0m wide easement for storm sewer purposes
over Block 131 in favour of the City of Kitchener.
13. The SUBDIVIDER shall prepare a functional design for a left turn lane on Highland
Road in accordance with the approved Traffic Impact Study prepared by Paradigm,
with the design including any necessary works required to establish on-street parking
on the northeasterly side of Highland Road and obtain approval thereof from the
Director of Engineering Services. Further, the SUBDIVIDER shall ensure that the City
of Kitchener has the necessary physical and financial resources for the implementation
of the functional design.
14. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall
prepare a Landscape Plan and obtain approval thereof from the City's Manager of
Design and Development showing:
a) planting and surfacing details for all areas not covered by buildings, structures,
loading areas or parking areas;
b) the location of any vaults, central storage and collection areas, or other
facilities for the storage of garbage and recyclable material, including those
which may be internal to a proposed or existing building; or the location of any
outdoor garbage and recycling containers and details for a supporting concrete
pad and, if required by the City's Manager of Design and Development, a
roofed enclosure having a height sufficient to conceal the containers;
c) planting and surfacing details for the portion of all adjacent public property
located between the sidewalks, curbs or streets and the Owner's property line
so as to ensure a contiguous landscaped area between the public streets and
the Owner's proposed development;
a) the construction details of any required fencing and details of the acoustical
fences/walls on Block 131 that shall be constructed without holes or gaps, and
with a surface mass density of 20 kilograms per square metre; and
b) a detailed design for the open space/park corridor portion of Block 131 and
City owned lands at the end of Woodside Avenue, including details of park
entry features to the satisfaction of the CITY'S General Manager of
Community Services and the CITY'S Manager of Design and Development.
15. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall
prepare a Site Lighting Plan and obtain approval thereof from the CITY'S Manager of
Design and Development.
16. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall
prepare a concept plan for a multiple unit identification sign, in accordance with the
Multiple Unit Identification Policy in effect on the date of issuance of the first building
permit for development of the lands in accordance with the Subdivision Agreement;
and to obtain approval thereof from the CITY'S Chief Fire Prevention Officer.
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17. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER
shall:
(i) provide a cost estimate for 100% of the total cost of all "site development
works" to be done by the SUBDIVIDER, as required by the Subdivision
Agreement. Such a cost estimate shall include materials, installations,
removals, closures and restorations, project management/co-ordination, and
site supervision, inspection and certification of all site development works, and
shall be in a form satisfactory to the CITY'S Manager of Design and
Development.
(ii) "Site Development Works" to be done by the SUDIVIDER shall include the
following:
(a) On Site works:
stormwater management facilities and rough grading; plant material;
landscape paving essential to the functioning of the site, landscape
structures including but not limited to fencing, screen walls, retaining walls,
roofed enclosures for garbage and recyclable materials, planters; fine
grading; sodding and seeding; curbing; concrete sidewalks; paving for
vehicular traffic and parking and demarcation of parking on pavement; and
(b) Off Site works:
fine grading and sodding or other approved landscaping within the
boulevard. Additional required off-site works may be done by the CITY at
the SUBDIVIDER'S cost, as specified in the Subdivision Agreement.
(iii) provide a Letter of Credit to the CITY'S Manager of Design and Development
for 50% of the total cost of all site development works in a form satisfactory to
the City Solicitor, to be held by the CITY as security for the completion of the
site development works required in the Subdivision Agreement.
18. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall
submit a fire flow demand analysis conducted by a Professional Engineer, to the
satisfaction of the CITY'S Chief Building Official in consultation with the CITY'S
Engineering Services and Chief Fire Prevention Officer, to determine if the proposed
development exceeds the capabilities of the water distribution system for fire fighting
purposes, or to receive an exemption from this requirement from the CITY'S Chief
Building Official.
19. The SUBDIVIDER shall submit Building Elevation drawings to the satisfaction of the
CITY'S Manager of Design and Development, which demonstrate how the proposed
elevations will meet the intent of section 5.1 of the City of Kitchener Urban Design
Manual.
20. The SUBDIVIDER shall submit a Sign Design Plan to the satisfaction of the CITY'S
Manager of Design and Development, to demonstrate uniformity and sign details for
the Live / Work units within Lots 1-11.
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21. 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
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. 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 registration of the plan, the SUBDIVIDER shall prepare any
necessary updates to the "Noise and Vibration Impact Study", prepared by HGC
Limited to the satisfaction of the Regional Municipality of Waterloo, in
consultation with CN Rail, and shall enter into the appropriate agreement, if
required, to implement any required abatement measures.
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4. OTHER AGENCY CONDITIONS
1. The SUBDIVIDER agrees that any proposed alterations to the existing drainage
pattern affecting CN Railway property must receive prior concurrence from CN
Rail.
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 3.1-3.4 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 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 conditions were 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 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 conditions were 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.
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.
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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 March 15, 2005 and shall be processed and
finally disposed of under the Planning Act, RS.O. 1990, c. P.13, as amended.
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.
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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 and under The Registry Act and for our
use:
One
Four
Four
(1 )
(4)
(4)
original mylar
mylar copies
white paper prints
D. That the City of Kitchener pursuant to Section 51 (31) of the Planning Act RS.O. 1990,
Chapter P. 13 as amended, and delegation by-law 2002-164, grant draft approval to
Plan of Condominium Application 30CDM-05205, in the City of Kitchener for Stirling
Bridge Ltd., subject to the following conditions:
1. That this approval applies to Draft Plan of Condominium 30CDM-05205 for Stirling
Bridge Ltd., prepared by J.D. Barnes, Limited, dated June 29, 2005, and as shown
on the attached Plan of Condominium prepared by the City of Kitchener dated July 29,
2005, that shows a common element block to contain roads, parking, berm, acoustic
fences and open space (Block 1).
2. That the final plan shall be prepared in accordance with the above noted plan, with a
copy of the final plan being approved by the CITY'S Manager of Design and
Development.
3. That the Owner submit a draft Condominium Declaration for approval by the CITY'S
Manager of Design and Development containing but not limited to the following
provisions:
That the parking and storage of derelict vehicles and recreation vehicles on
the subject lands is prohibited.
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ii) That public and private sidewalks, driveways and parking areas be maintained
in a snow free condition and void of any obstructions 12 months of the year.
Snow shall not be piled on City lands and City lands shall not be impacted from
runoff from the snow removal.
iii) That a private contractor will pick up and dispose of garbage refuse from the
site or any designated refuse area.
iv) That the Owner agrees to maintain the subject lands in compliance with the
plan of subdivision and site plan approved by the City of Kitchener, for the life
of the development on the subject lands, including those site works within the
common element.
v) That access rights will be maintained for Kitchener-Wilmot Hydro.
4. That the surveyors for the Owner shall advise the CITY'S Manager of Design and
Development, in writing, that the required description and other plans to be
registered by the Owner in order to achieve registration of the common elements
condominium have been unconditionally approved as to form and content by the
Registry Office.
5. That the solicitors for the Owner shall advise the CITY'S Manager of Design and
Development, in writing, that the proposed condominium declaration has been
unconditionally approved as to form and content by the Registry Office.
6. That the Solicitors for the Owner advise the CITY'S Manager of Design and
Development that the declaration has been executed on behalf of the Owner and
that all of the schedules to the proposed condominium declaration have been signed
by the requisite signatories including the Owner, the project surveyor, the project
solicitor and the project engineer and/or architect and all mortgagees.
7. That the Owner submit a draft of the executed declaration, with the provisions as
required in condition 3 hereof, for approval by the CITY's Manager of Design and
Development.
8. That satisfactory arrangements be made with the City of Kitchener for the payment
of any outstanding Municipal property taxes, utility accounts, and/or local
improvement charges.
9. To expedite the approval for registration, the Owner 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 plan, have been satisfied.
10. NOTES
Development Charges
1. The Owner is advised that the provisions of the Development Charge By-laws of the
City of Kitchener and the Regional Municipality are applicable.
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Registry Act
2. The final plans for Registration must be in conformity with Ontario Regulation 43/96,
as amended, under The Registry Act. The condominium plan for registration must
be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act.
Updated Information
3. It is the responsibility of the owner of the lands subject to this draft plan to advise the
Regional Municipality of Waterloo and the City of Kitchener Department of
Development and Technical Services of any changes in ownership, agent, address
and phone number.
Fees
4. The Owner 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, 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.
Planning Act Applicability
5. 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.
Registration Release
6. To ensure that a Regional Release is issued by the Regional Commissioner of
Planning and Culture to the City of Kitchener prior to year end, it is the responsibility
of the owner to ensure that all fees have been paid, that all Regional conditions
have been satisfied and the required clearance letters, agreements, prints of plan to
be registered, and any other required information or approvals have been deposited
with the Regional Planner responsible for the file, no later than December 15th.
Regional staff can not ensure that a Regional Release would be issued prior to year
end where the owner has failed to submit the appropriate documentation by this
date.
Final Plans - Condominium
7. When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener.
If the plans comply with the terms of approval, and we have received an assurance
from the Regional Municipality of Waterloo and applicable clearance agencies that
the necessary arrangements have been made, the signature of the Director of
Planning 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
Six
Six
One
(1 )
(6)
(6)
(1 )
original mylar
mylar copies
white paper prints
J-1 Form
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E. That Development and Technical Services staff be directed to proceed with the
necessary procedures to no longer allow vehicular travel of the most south-easterly 25m
of Woodside Avenue to coincide with the construction of the development of 52 and 90
Woodside Avenue. The last 25m of the right-of-way shall be used in combination with a
portion of Woodside Park and lands within the adjacent proposed development to be
utilized as an urban amenity, including public open space, pedestrian walkways and
other urban design elements. The maintenance of the space shall be the responsibility
of the adjacent developer. Any necessary requirements, notices or agreements shall be
co-ordinated by Legal Services staff.
F. That, in recognition of the Cash-in-Lieu of Parkland money generated from Plan of
Subdivision 30T-05202 (Stirling Bridge Ltd.), Community Services staff be directed to
design and implement improvements to park/open space/recreation facilities in the
adjacent City-owned lands.
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