HomeMy WebLinkAboutDTS-07-004 - Draft Plan of Subdivision 30T-05201 & ZC 05/01/B/BS etc - 2044-2066 Bleams Rdi
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Report To: Development and Technical Services Committee
Date of Meeting: April 2, 2007
Submitted By: Jeff Willmer, Director of Planning, 741-2325
Prepared By: Brandon Sloan, Senior Planner, 741-2648
Ward(s) Involved: South Ward (Ward 4)
Date of Report: March 26, 2007
Report No.: DTS-007-004
Subject: DRAFT PLAN OF SUBDIVISION APPLICATION 30T-05201
ZONE CHANGE APPLICATION ZC 05/01/BIBS
LAURENTIAN WEST COMMUNITY PLAN AMENDMENT
DEMOLITION CONTROL APPLICATION DC 06111 /B/BS
2044-2066 BLEAMS ROAD
970722 ONTARIO I NC.
RECOMMENDATION:
That the recommendations for the Draft Plan
of Subdivision 30T-05201, Laurentian West
Community Plan Amendments, Demolition
Control Application DC 06/11 /BIBS and Zone
Change Application ZC 05/01/B/BS as
contained in Appendix "A" to report DTS-07-
004, be approved.
EXECUTIVE SUMMARY: ~,-' ~'~
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MHBC Planning Ltd. has submitted draft plan
of subdivision and zone change applications
for a residential subdivision on approximately
30.84 hectares of land adjacent to Bleams
Road and west of the Activa subdivision in
the Laurentian West Community. The
proposed applications would facilitate the
development of the lands with a range of 349- ~~~~~~~~~ ~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~
451 units, consisting of a range of singlelsemi detached dwellings, street townhouses
and the potential for low rise multiple dwellings. Further, the plan would provide for
neighbourhood park space, an open spacelhydro corridor for community trail purposes,
walkways, landscape buffer to Bleams Road and can accommodate transit, cultural and
natural heritage conservation, home business, enhanced streetscape elements, traffic
calming, multiple access locations to the arterial street and attention to built form.
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BACKGROUND:
The development applications were submitted in 2005 by MHBC Planning Ltd. and are
linked with the adjacent land to the southeast (T.A.L.M. Holdings Inc., 30T-05205 -1904
Bleams Road) in terms of servicing and road connections. The lands are currently
occupied by several single-detached dwellings and a former gravel pit in the rear of the
site. The property contains a farmhouse with historical significance. The developer has
agreed to relocate the farmhouse instead of leaving the house in situ. The proposed site
of the farmhouse will be on Street Four in front of the neighbourhood park. The
farmhouse is recommended to be listed under Part IV of the Ontario Heritage Act and
will become a landmark for the subdivision. The subdivision and zone change
applications were submitted prior to the Places to GrowAct.
REPORT:
Subdivision Design -Urban Design Manual
The proposed subdivision should be a relatively well-designed and attractive
development. This subdivision will provide for single and semi-detached dwellings and
street townhouses. Staff have recommended and provided the opportunity for small-
scale multiple dwellings with live/work possibilities on certain blocks within the plan and
within the community plan amendment.
A collector road system and potential transit route is proposed through the subdivision,
that potentially being Isaiah Drive and Gravel Ridge Trail. A transit route could use this
loop and connect to Bleams Road andlor the Activa subdivision. The adjacent
subdivision, T.A.L.M. Holdings Inc., connects to the subdivision through two access
points at Isaiah Drive and Isaiah Crescent. There is potential for a future connection
using Susannah Street to any development that occurs north of the subdivision Kellner
Lands). A true grid or modified grid pattern was determined to be not completely feasible
in this instance given the extremity of the grading/slope issues with the former gravel pit.
With respect to design, the lots along both of the collector roads will have street-fronting
dwellings to help provide a pleasing streetscape. Special attention to detail will also be
given to priority lots. The Eby Estate house will provide a landmark feature for the
subdivision while respecting the historical significance of the house.
The provision and integration of parks, open space and trails is very important to the
design and liveability of this development. The stormwater management pond will offer
scenic features and trails. The neighbourhood park is centrally located so that residents
have a short walk to the park. Staff would have liked to see more frontages for the
neighbourhood park but its central location and size is well-suited for the entire
subdivision. The Eby Estate will be located south of the park and overlook the park. The
park is accessible using pedestrian connections and the location on a hill provides
scenic views of the city.
The main elements such as heritage resources, streetscape quality of the collector street
and the neighbourhood park meet the Urban Design Manual standards. Section 3.5.1 of
the Manual entitled Heritage Resources focuses on preserving, adaptive re-use and
incorporation of heritage resources, which is the goal with the Eby Estate.
The plan generally meets many of the existing Neighbourhood Design guidelines within
the City's Urban Design Manual and achieves excellent direction in terms of the
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proposed new guidelines for Suburban Development. The limited park frontage and
treatment to Bleams Road are not necessarily the preferred options for staff; however
they could be considered as acceptable alternatives and are a building block for future
developments.
This subdivision is planned to incorporate traffic calming measures in the original
construction, transit, entry features, a centre median to allow for safe crossing of the
community trail at the Hydro corridor while also providing for an attractive streetscape
feature and attention to the streetscape design of the priority street. The blocks at the
entrance to the subdivision are proposed to allow for mixed use and buildings close to
the street.
The applicant proposes to develop the subdivision in five stages, currently as lotless
blocks. Stage 1 includes the neighbourhood park, Street One (the collector road), the
stormwater management pond, and connects to Bleams Road and the Activa
subdivision for convenient access.
City of Kitchener Municipal Plan
The subject lands are considered to be designated Low Rise Residential and the
woodland to the northeast is designated Open Space in the City's Municipal Plan. The
proposed subdivision and zone change applications fora low-rise residential
development conform with the existing Municipal Plan policies.
Laurentian West Community Plan
The subject lands are located within the Laurentian West community in the southwest
portion of the City. The Laurentian West community is bordered by Fischer-Hallman
Road, the Conestoga Parkway (Highway 7/8), Trussler Road and Bleams Road. The
lands are located primarily in Phase 3 which currently does not have any land use
associated with them.
A Community Plan Amendment is required for the lands (Eby Estates subdivision and
T.A.L.M. Holding Inc. subdivision). The proposed land use designation for the residential
development area is Low Density Residential. The Low Density Residential permits
singles, semis, duplexes and street townhouses at a maximum net residential density of
25 units per hectare. A Low Density Commercial Residential area is proposed at one of
the neighbourhood's Bleams Road entrances to encourage a mixture of residents and/or
jobs at this location in the community and promote a built form that is closer to the street
and that can be compatible with surrounding lands. This proposed designation is
intended in part to address Policy 4.5 of the Community Plan that encourages a
distribution of smaller, walkable convenience commercial sites; however it is understood
that a range of uses including residential would be permitted. Working in place,
walkability, streetscape enclosure and support fortransit usage are all encouraged.
Additional amendments to the Laurentian West Community Plan are illustrated on the
attached Schedules to this report and are proposed as follows:
• Designate the adjacent TALM plan of subdivision (30T-05205) as "Low Density
Residential";
• Identify Isaiah Drive and Gravel Ridge Trail as potential transit routes on the
Appendix map of the Community Plan;
• Add a new collector road on the Land Use Map;
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• Add a "Parks" designation adjacent to the new collector road for the proposed
neighbourhood park and a policy in that regard;
• Add an "Open Space" designation for the woodland;
• Change the designation for the lands on the west side of Fischer-Hallman Road,
north and south of Ottawa Street to "Planned Commercial Campus" instead of
"Service Commercial" and a policy in that regard. This will address recent municipal
plan and zoning amendments that have been approved by the OMB, but have not
been reflected in the Community Plan;
In the design of the subdivision regard was given to Policy 6.12 of the Community Plan
regarding the creation of routes, urban design and minimizing walking distances to
promote alternative forms of transportation. It is recognized that there are limited
opportunities to have connections with the rest of the Laurentian West community based
on the design of the existing subdivision development to the east (only one street access
point to Activa Avenue and a trail connection through the Hydro corridor). Transit, cycling
and walking were considered in the subdivision design and several connection
opportunities have been provided should adjacent lands develop in the future.
Zoning
The current zoning of the subject lands is primarily Agricultural Zone (A-1). To implement
the draft plan of subdivision, the proposed zoning would include a mixture of the
following residential zoning:
Base Zoning:
• Residential Three Zone (R-3) -single detached min. 13.7m lot width.
• Residential Four Zone (R-4) -singles with min. 9.Om lot width and semi-detached.
• Residential Six Zone (R-6) -singles with min. 9.Om lot width, semis, towns, multiples
up to 3 storeys building height.
• Commercial-Residential One Zone (CR-1) - permits a range of residential,
commercial and institutional uses with minimum 3.Om setback and regulations
regarding maximum building height and a maximum floorspace ratio of 1.0.
• Public Park (P-1) -neighbourhood park.
• Open Space (P-2) -hydro corridor, woodland and 3m buffer, stormwater
management area, Regional well area.
Special Provisions
• Special regulations are added to ensure appropriate setback of dwellings from
Bleams Road for noise attenuation purposes.
• Special regulation for minimum lot width and area for the Heritage Farmhouse.
• Special regulations for minimum lot width for Heritage Area Priority Lots to ensure
compatibility with the Heritage Farmhouse lot.
• Special regulations for certain areas zoned R-3 and R-4 to ensure minimum lot width
of 11.Om and 12.2m for singles.
• Special regulations for certain areas to ensure the garage does not project beyond
the habitable portion of the dwelling or porch.
• Special use for R-6 zoning to ensure that street townhouses are not located directly
across from street townhouses to avoid potential on-street parking issues.
• The Region has recommended a holding provision until a Record of Site Condition is
received.
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The proposed zoning is compatible with the existing and planned development in the
surrounding area and would comply with the Laurentian West Community Plan and City
of Kitchener Municipal Plan.
Heritage
The subject property located at 2062 Bleams Road is often referred to as the "Eby
Estate" and the farmhouse on the property was built in 1856 in the Waterloo Georgian
style and is listed on Heritage Kitchener's Inventory. The Nyle Eby and Audrey Becker
families spurred an initiative to have the house saved and restored. Both City staff and
the development proponent also recognized the cultural heritage value of the farmhouse
and share the common objective of conserving the farmhouse within the proposed plan
of subdivision.
Detailed engineering analysis concluded that leaving the house `in-situ' would be difficult
and the cost prohibitive given past mining activities on part of the property and the
grading challenges required to prepare the lands for subdivision development. As a
result, the farmhouse was proposed to be moved to a new location within the proposed
plan of subdivision. As the owner wished to proceed to move the farmhouse under the
more favourable weather conditions of the Summer/Fall, ahead of Council's
consideration of the subject plan of subdivision application, the City required that the
owner enter into a heritage covenant to facilitate the City taking a letter of credit from the
owner as a security to pay for the cost of any repair, restoration or reconstruction of the
building's heritage attributes required on account of its move, and to ensure its structural
soundness.
City staff and the applicant worked cooperatively at identifying an appropriate new
location for the Heritage Farmhouse that would result in establishing the heritage
resource as a landmark and focal point for the neighbourhood, and continue to respect
its historic north/south orientation. The Heritage Farmhouse was moved to its new
location during the week of November 6th 2006, and is situated on what will be an
oversized lot south of and overlooking a neighbourhood park. The location will afford
scenic views to and from the farmhouse and recalls the original relationship of the
farmhouse to an open landscape.
To ensure the long term conservation of the Heritage Farmhouse, the owner has agreed
to designate the farmhouse under Part IV of the Ontario Heritage Act. On September 12,
2006 Heritage Kitchener passed a resolution recommending that the City publish a
notice of intent to designate the Heritage farmhouse. It was agreed that Council's
consideration of Heritage Kitchener's recommendation to designate would be scheduled
to coincide with Council's consideration of the subject plan of subdivision application.
Further, the notice of intent to designate will include only a limited description of the
exterior heritage attributes of the farmhouse, recognizing that certain features of heritage
interest either had to be removed to accommodate the farmhouse relocation, or were to
be replaced/upgraded as part of its rehabilitation. It was also agreed that the designating
by-law would be passed and therefore registered on title of the lot on which the
farmhouse is located following registration of the plan of subdivision and completion of
the exterior rehabilitation of the farmhouse, but prior to any change of ownership or sale
of the farmhouse or lot on which the farmhouse is located; and that the exterior heritage
attributes to be identified in the designating by-law shall expand beyond those identified
in the notice of intent, to include certain features of heritage interest which have since
been restored or replaced as part of its rehabilitation.
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Though the long term conservation of the Heritage Farmhouse will be addressed
through its ultimate designation under the Ontario Heritage Act, there is an interest to
ensure the farmhouse will be restored and rehabilitated in accordance with good
conservation practice and within a reasonable time frame. As a result, the City shall
require that design guidelines for the restoration and rehabilitation of the Heritage
Farmhouse Heritage Farmhouse Design Guidelines) be prepared to the satisfaction and
approval of the Director of Planning, prior to the registration of the plan of subdivision;
and that the farmhouse be subsequently restored and rehabilitated in accordance with
said design guidelines.
To support the establishment of the Heritage Farmhouse as an historic landmark feature
of the subdivision, new development in proximity to the Heritage Farmhouse shall be
designed to be architecturally and visually complementary. Such new development, to
be located on Heritage Area BHA) Priority Lots, will be subject to specific urban design
guidelines (Design Guidelines for Heritage Area Priority Lots) and shall be approved by
the Director of Planning prior to the registration of the plan of subdivision, and will
address such matters as the architectural design of new houses, additions and
alterations; building location/orientation; and appropriate landscaping and fencing.
Compliance with the Heritage Farmhouse Design Guidelines and the Design Guidelines
for Priority Lots is an integral part of the subdivision approval process. As a result, the
Design Guidelines shall be registered on title of the subject lands and remain on title in
perpetuity. Further, the developer shall agree to notify all prospective purchasers of
Heritage Area Priority Lots, of the requirement to comply with the respective design
guidelines, in agreements of purchase and sale.
Parkland
The parkland dedication for the plan of subdivision will be satisfied through the
conveyance of a Neighbourhood Park and a woodland with associated buffer located to
the northwest of the subdivision and a Block within Stage 4. Staff will continue to work
with the applicant on the design of the park and conditions have been included with
respect to the timing of the design and construction of the park to ensure it is completed
and delivered in a timely manner during Stage 1 of the development. The developer has
come forward to front end the construction of the park.
The neighbourhood park is intended to have playground structures, walkways,
landscape features and areas for passive or unstructured activity and will not include
programmed sports fields. The District Park on Activa Avenue has ball and soccer fields,
and was designed for structured activity and sports. Ongoing maintenance costs will be
associated with the parkland.
The park will provide a unique opportunity to maintain a prominent view for the relocated
heritage house and will allow opportunities for interpretive signage. The park should
also be designed in such a way as to provide for a seating, landmark features,
pedestrian/cycling connectivity and contributes to enhanced streetscape quality towards
the intersection of Isaiah Drive and Gravel Ridge Trail/lsaiah Crescent. The walkway
leading from Gravel Ridge Trail in Stage 4 are intended to provide a prominent linear
linkage from the higher elevation on the west side of the development directly down to
the park and overlooking the city. Planning staff identified the potential need for a small
parkette on Gravel Ridge Trail adjacent to the west boundary of the plan and linked to
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the walkwayslpark. It was determined that due to grading challenges and arrangements
with the parkland dedication and the woodland dedication that the parkette was not the
best option.
Natural Environment
Since the majority of the site is a gravel pit, there are limited natural heritage features on
these lands. There are no significant watercourses on the subject property. The
woodland located immediately to the northwest of the property (with a portion on the
subdivision lands) is intended to be conserved and dedicated to the City in lieu of part of
the parkland dedication (approx. 4.2+ha of woodland in lieu of 0.4ha of parkland
dedication is proposed). The environmental report submitted in support of the
subdivision application recommends that a permanent fence be installed 3m outside the
dripline of the woodland and that the rear lot lines be established at this point in order to
help conserve and promote a healthy woodland edge.
Staff are recommending that the plan of subdivision be approved with a block shown on
the plan that contains the edge of the woodland plus the 3m recommended buffer. The
applicant has now stated that they do not agree with this and are proposing to create the
rear lot lines into the woodland and have a conservation agreement. This is not the
preferred approach for staff, especially based on recent experience with woodland
edges, rear yards, and conservation agreements.
Engineering (Services, Stormwater Management, etc)
Stormwater management will be accommodated by the SWM facility located in Stage 1.
The SWM facility will occupy a 1.53 ha piece of land in the northeast corner of the
subdivision. The SWM facility is buffered from the Regional well and the drainage and
stormwater management within the subdivision will be designed to be sensitive to
chloride impact and groundwater recharge given the adjacency of Regional water
facilities, which is a significant issue in this location.
Sanitary servicing and other utilities can be provided.
Water servicing became an issue through the Region of Waterloo and it has been
determined that Stage 1 lands can proceed to development under the current Kitchener
Pressure Zone. New Pressure Zone 6 is expected to be established in the next few
years and will provide water pressure for the remainder of the subdivision and Stage 1
will have to switch to the new pressure zone once ready.
Hydrogeology
The soil on the subject lands presents a challenge in terms of infiltration and surface run-
off. Granular materials including sand, sand/gravel, make up the top layer while silt to
sandy silt till material are below the granular materials. Granular material results in quick
infiltration which is of benefit to the adjacent Regional well. The applicant was required to
provide an infiltration report to address and confirm the approach to this issue. At-source
infiltration techniques, such as rear yard infiltration galleries, are one of the methods
proposed to be used to address the groundwater recharge issues. Sensitivity is required
to minimize chloride impact of the groundwater.
The groundwater flow direction in the area is from the northwest to the southeast. There
should be no run-off from the subdivision to the Mannheim Artificial Recharge Facility
since the facility is located northwest of the subdivision.
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Traffic
Isaiah Drive will be a collector street in the subdivision connecting Activa Avenue and
Bleams Road. Traffic calming measures are to be implemented on Isaiah Drive and
Gravel Ridge Trail with the initial construction of the subdivision. An alternate
intersection treatment at Isaiah Drive and Gravel Ridge Trail/Isaiah Crescent will be built
that will either be a neighbourhood traffic circle or curb extensions. Crosswalks across
Isaiah Drive are needed.
Emergency Access
The Eby Estates subdivision would comply with the City's Emergency Access Policy.
Demolition Control
To facilitate the development of the subdivision, there are two existing residential
dwellings that require demolition. Neither of these dwellings are on the City's list of
Heritage properties has discussed earlier the heritage farm house is being conserved).
The dwellings were in a habitable state; however emergency crews have been using the
dwellings for special training and now both houses are in a significant state of disrepair.
Given the pending new subdivision that will replace the two houses with potentially more
than 40o new residential units, it is appropriate and reasonable to move forward with the
demolition of the two dwellings at this time so that all applications are considered
comprehensively.
Community Input
In response to the preliminary circulation of the draft plan of subdivision and zone
change applications, staff received three written responses. One response was on
behalf of an adjacent developer about a vehicular access connection to the north relating
to potential development on the Kellner Lands. In this regard, a street connection has
been provided to the developable lands to the north of this subdivision, a future
development block is being provided towards the hydro corridor/Kellner lands as an
option if emergency access or walkway connection is needed and separately there are
unknowns with what development potential or any layout there may be on the forested
Kellner lands.
One resident had questions about the impact the gravel site will have on development
and the potential for erosion. In response to the concern over the gravel pit, structural fill
will be used where erosion could potentially occur. Steep grades will be cut or filled to
flatten out the lay of the land but to still maintain the existing height and flow of the land.
The second property owner wants to see more green areas and play areas for kids. In
response to the property owner's request of seeing more green areas, the proposed
subdivision will include a neighbourhood park in a central location for relatively easy
walking distance for all residents in the area (although there are concerns that there are
limited connections from the existing subdivision to the east).
Agency Comments
Any requirements have been addressed or are included as conditions of approval. There
have been significant issues through the Region with respect to water servicing, Bleams
Road access, potential site contamination and infiltration. There have also been
challenges with respect to intersection treatments, heritage conservation and
implementation, parks/open space planning and design implementation.
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FINANCIAL IMPLICATIONS:
No new or additional Capital Budget requests are associated with this recommendation.
Upon registration, there will be immediate and ongoing Operations costs for the
maintenance of the park, open space/trail and stormwater management areas; streets
including street trees, boulevard treatments and traffic calming facilities, walkways,
landscape buffer block, entrance feature and underground services. In the long term,
there will be repair and replacement costs for streets, sidewalks, walkways, services and
playground equipment.
Street Length Approx. 3368m 22mROW=54.5m
(consider roadway, services, 20mROW=1426.35m
sidewalk): 18mROW=1595.48m
16mROW=291.37m
Walkwa Len th Approx. 322m
Park and Open Space Size Neighbourhood Park - 1.154ha
O en S ace - a rox. 0.646ha
SWM Size 1.483 ha
Landscape Buffer Block Size 0.225 ha
Entrance Features Yes (Isaiah St entry @Bleams)
Li htin /Street Si ns Ma be decorative.
Other Centre median on Isaiah St,
traffic calming infrastructure on
Isaiah St and Gravel Rid e Tr.
COMMUNICATION:
The proposed draft plan of subdivision application and associated zone change
application were first circulated to departments, agencies and property owners within
120 metres of the subject lands on April 15, 2005. Notice signs were placed on the
subject site advising of the applications. In response to the April 2005 circulation of the
draft plan and zone change applications staff received two letters from the community,
including one of those on behalf of an adjacent developer.
Notice of the December 18, 2006 public meeting at the Council matters was advertised
in The Record on November 24, 2006. A copy of the advertisement is attached. This
matter was deferred until outstanding issues were resolved and anyone in attendance at
the December 18t" meeting for this item will be notified of the revised date. Further, in
accordance with Council Policy, all property owners within 120 metres of the subject
lands will be notified of the Public Meeting and provided the opportunity to have a copy
of the staff report, as it has been more than one year since the original circulation.
CONCLUSION:
Based on the foregoing, the draft plan of subdivision, zone change and community plan
amendment applications would conform to the City's Municipal Plan. The applications
were submitted prior to the Places to Grow Act. The issues identified through the
preliminary circulation have been addressed and as necessary, included as conditions of
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approval. The lands are identified in the Staging of Development Report for
consideration of draft approval in 2046, the plan represents proper and orderly
development of the City and considers the criteria identified in Section 5124} of the
Planning Act for the subdivision of land. Therefore, it is recommended that the
applications be approved, as recommended by staff.
Brandon Sloan, MCIP, RPP
Senior Planner
AttarhmPntc•
Jeff Willmer, MCIP, RPP
Director of Planning
Appendix "A" -Recommendations for DTS-07-004
Plan of Subdivision 30T-05201
Community Plan Amendment Maps -Laurentian West
- Schedule "A" - Map A Land Use
- Schedule "B" -Appendix 1 Transit Routes
Proposed Zoning By-law and Map No. 1
Map "A" - Onpoint Enterprises Air Photo
Map "B" -Dwelling Location Map
Newspaper Advertisement
Appendix B -Circulation Letter and Department/Agency Comments
Appendix C -Public Input
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APPENDIX "A"
RECOMMENDATIONS
A. That the Laurentian West Community Plan be amended as follows:
a) That "Map A -Land Use" be amended, as shown on the attached Schedule
"A" to:
i) designate the lands legally described as Part of Lots 130 to 132,
German Company Tract as "Low Density Residential", "Low Density
Commercial/Residential", "Parks" and "Open Space" within Phase 3 of
the Community Plan;
ii) identify a new collector road (Street I -Isaiah Drive); and
iii) designate the lands on the west side of Fischer-Hallman Road, north
and south of Ottawa Street as "Planned Commercial Campus".
b) That "Appendix 1-Transit Routes" be amended to identify new
potential transit routing as shown on the attached Schedule "B".
c) That Policy 4.1 be deleted and replaced with the following:
"4.1 That a Planned Commercial Campus be located in the northeast
portion of the community at the intersection of Fischer-Hallman
Road and Ottawa Street. Uses and design shall be in accordance
with Municipal Plan policies."
d) That a new Policy 4.8 be added as follows:
"4.8 That a Low Density Commercial Residential site be located at
Bleams Road and Collector Street I along or near a potential transit
route. This site shall permit a mixture of uses, including residential,
commercial, institutional and expanded home business (live/work),
and is intended for low rise development. The built form should be
located close to the street, with direct pedestrian access to Collector
Street I, and should be compatible with the surrounding Low Density
Residential area. The maximum floor space ratio shall be no greater
than 1.0."
e) That Policy 5.8 be amended to add the following text to the end of the
sentence, "and that a neighbourhood park of more than 1 hectare be
located in the southeast area of the Community along Street I and with
connecting walkways".
B. That Zone Change Application ZC 05/01/B/BS requesting a change in zoning to
Residential Three Zone (R-3), Residential Three Zone (R-3) with Special
Regulation Provision 457R, Residential Three Zone (R-3) with Special Regulation
Provision 403R, Residential Three Zone (R-3) with Special Regulation Provision
452R, Residential Three Zone (R-3) with Special Regulation Provision 453R,
Residential Four Zone (R-4), Residential Four Zone (R-4) with Special Regulation
Provision 403R, Residential Six Zone (R-6), Residential Six Zone (R-6) with Special
Use Provision 324U, Residential Six Zone (R-6) with Special Use Provision 324U
and Special Regulation Provision 450R, Residential Six Zone ~R-6) with Special
Regulation Provision 450R, Residential Six Zone (R-6) with Special Regulation
Provision 451 R, Commercial-Residential One Zone (CR-1) with Special Use
Provision 3540 and Special Regulation Provisions 450R and 451 R, with all of the
above having holding provision 30H, Public Park Zone (P-1) and Public Park
Zone (P-2) instead of Agricultural Zone ~A-1); on lands legally described as Part of
Lots 130 to 132, German Company Tract and municipally known as 2044-2066
Bleams Road, in the City of Kitchener, be approved in the form shown in the
attached "Proposed By-law", dated March 23, 2007 without conditions.
C. That Demolition Control application DC 06/11/B/BS requesting the demolition of two
residential dwellings in order to develop a new subdivision on lands legally
described as Part Lots 130 to 132, German Company Tract, and formerly
municipally known as 2044 and 2066 Bleams Road, in the City of Kitchener, as
shown on Map "B" attached to report DTS 07-004, be approved, provided that
either:
a) The owner of the lands enter into a Subdivision Agreement with the City of
Kitchener; or
b) That the owner obtain at least two building permits for the proposed
development. That in the event that permits for the two dwellings have not
been issued within 2-years of the date of issuance of the demolition
permit, the City Clerk may enter on the collector's roll, to be collected in
like manner as municipal taxes, $20,000 for each dwelling unit contained
in the residential properties in respect of which the demolition permit is
issued and such sum shall, until the payment thereof, be a lien or charge
upon the land in respect of which the permit to demolish the residential
dwellings is issued.
D. That the neighbourhood park within Plan of Subdivision 30T-05201 Max Becker
Enterprises Ltd.) be named, "Michael Donnenwerth Park", and that the woodland
located to the northeast of the subdivision once dedicated to the City of Kitchener
be named, "Kyle and Jean Eby Woods", and that the corresponding signage be
installed at the appropriate time frame.
E. That an exemption from the City of Kitchener Street Naming Policy I-1147, Policy
#2 vii), to permit a street to change names when crossing a collector road, Isaiah
Drive, instead of an arterial road, be approved, for plan of subdivision 30T-05201.
F. That the City of Kitchener, pursuant to Section 51. X31) 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-05201, in the City of Kitchener, for
970722 Ontario Inc., subject to the following conditions:
1. That this approval applies to Plan of Subdivision 30T-05201 for 970722 Ontario Inc.
as shown on the attached Plan of Subdivision prepared by the City of Kitchener
dated March 23, 2007, which shows the following:
Stage 1 -130-154 units
Blocks 1-38 -single/semi detached 128-152
2
Block 39
Blocks 40-42
Block 43
Block 44
Blocks 45-47
Block 48
Blocks 49-54
Stage 2
Blocks 1, 3
Block 2
Block 4
Block 5
Stage 3
Blocks 1-11, 14
Blocks 12, 13
Blocks 15-17
Blocks 18,19
Blocks 20, 21
Block 22
Stage 4
Blocks 1-15
Blocks 16, 17
Blocks 18, 19
Block 20
Blocks 21, 22
Stage 5
Block 1
Blocks 2-7
Block 8
Blocks 9, 10
Blocks 11, 12
Total
-neighbourhood park
-walkway
-future single detached (lot additions) 1 unit
-open space/storm water management
-open space
-temporary road (future single detached) 1 unit
-0.3m reserve
- 27-38 u n its
-single/semi detached 19-21 units
-residential (single/semi/town/multiple) 7-16 units
-temporary road(future single detached) 1 unit
-0.3m reserve
- 60-82 u n its
-single/semi detached
-residential/mixed use
-wa I kway
-open space/landscape buffer
-road widening
-0.3m reserve
56-66 u n its
4-16 units
- 81-94 u n its
-single/semi detached
-wa I kway
-future development/access
-open space/woodland
-0.3m reserve
- 51-83 units
-single/semi detached
-single/semi/street townhouse
-wa I kway
-open space/landscape buffer
-road widening
- 349-451 units
2. CITY OF KITCHENER CONDITIONS:
81-94 units
11 units
40-72 units
2.1 That the SUBDIVIDER shall enter into a City Standard Residential
Subdivision Agreement, as approved by City Council, respecting those
lands shown outlined on the attached Plan of Subdivision dated March 23,
which shall contain the following special conditions:
Section 2 Priorto Grading
2.11 The SUBDIVIDER shall prepare, receive final approval, and implement a
groundwater recharge and chloride impact mitigation strategy plan to the
satisfaction of the CITY'S Director of Engineering Services, in
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consultation with the Regional Municipality of Waterloo. This shall include
the incorporation of rear yard infiltration galleries to be shown on
engineering drawings.
2.12 Prior to Grading of Stage 5, the SUBDIVIDER shall obtain a demolition
permit for the existing buildings on lands legally described as Part Lots
130 to 132, German Company Tract, and formerly municipally known as
2044 and 2066 Bleams Road, from the CITY'S Chief Building Official.
2.13 The SUBDIVIDER agrees that the final approved area grading plan for
Stages 3 and 5 shall also include a landscaped noise attenuation earthen
berm located on Blocks 18 & 19 (Stage 3), Blocks 9 & 10 (Stage 5) and
the southerly portion of Blocks 12 & 13 (Stage 3) and the southerly
portion of Blocks 1-3 inclusive (Stage 5). The design of which shall be
certified by a qualified Acoustical Engineer, to the satisfaction of the
Regional Municipality of Waterloo, in consultation with the CITY'S
Director of Engineering Services. The noise attenuation berm shall be in
accordance with the recommendations outlined in the noise analysis
prepared by HGC Engineering Limited dated November 21, 2006. The
top of the berm shall be above the elevation of Bleams Road by
approximately 2 to 3 metres in height west of Nyles Drive, approximately
1 metre in height east of Street Nyles Drive and approximately 1.5 metres
in height east of Isaiah Drive.
Section 3 Prior to Servicing
3.17 The SUBDIVIDER agrees that the development of the subdivision may
proceed in 5 stages, as follows:
a) Stage 1 may register at any time;
b) Stages 2 and 3 may be registered subsequent to the registration of
Stage 1 provided that clearance is given from the Region of Waterloo
that Water Pressure Zone 6 is operational and/or prior to such
clearance provided that no dwelling units are above 381 MASL;
c) Stage 4 may register at any time subsequent to the registration of
Stages 1 and 3 or alternately Stages 1 and 5; and
d) Stage 5 may register at any time subsequent to Stages 1 and 4 or
alternately may register at any time as long as measures are provided
to ensure compliance with the CITY'S Emergency Access Policy, that
temporary turning facilities are provided and that clearance is given
from the Region of Waterloo that Water Pressure Zone 6 is
operational and/or prior to such clearance provided that no dwelling
units are above 381 MASL.
3.18 The SUBDIVIDER shall make satisfactory financial arrangements with the
CITY'S Director of Engineering Services for the construction of a 1.5
metre wide concrete sidewalk along the entire Bleams Road frontage of
the plan (one side of street).
3.19 Prior to the servicing of each stage, the SUBDIVIDER shall prepare an
on-street parking plan for each stage to the satisfaction of the CITY'S
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Director of Transportation Planning, in consultation with the CITY'S
Director of Engineering Services in accordance with the CITY'S On-Street
Parking Policy, as approved and amended. The on-street parking plan
shall be considered in accordance with the servicing drawings and shall
generally provide for one on-street parking space for every two dwelling
units where reasonable. Other options such as driveway length, garage
space, communal parking facilities, andlor lay-by parking along the park
frontage, may be considered in accordance with the CITY'S Policy.
3.20 The SUBDIVIDER shall confirm that the servicing drawings:
a) Do not conflict with preliminary driveway locations and potential
locations for utilities, hydrants or community mail box facilities.
b) No driveways shall be installed within 1.Om of a street light pole of hydro
pole or where the wheels of a vehicle would pass over any part of a
submersible transformer vault.
c) No sewer or water service will be installed within 1.5m of the centre of
proposed submersible transformer vault or within 0.9m of a proposed
electrical service stub and that no fire hydrant will be installed within
3.Om of a proposed street light pole or hydro pole. The SUBDIVIDER
shall be responsible for ensuring that these separations are maintained.
d) The location of concrete pads for the placement of the Community Mail
Boxes shall be approved by Canada Post and shall be shown on the
servicing drawings. Said pads are to be poured at the time of curb
and/or sidewalk installation within each stage of the plan of subdivision.
Should temporary locations be required, the SUBDIVIDER shall work
with Canada Post to determine and provide suitable locations until the
curbs, boulevards and sidewalks are in place in the remainder of the
subdivision. One of the Community Mail Box facilities shall be located
within the Neighbourhood Park Block 39 (Stage 1) or along the Isaiah
Drive frontage of the park.
Further, the SUBDIVIDER shall identify the necessary valves and
appurtenances to facilitate the transition to the final water pressure zone
on the engineering servicing drawings to the satisfaction of the CITY'S
Director of Engineering Services in consultation with the Regional
Municipality of Waterloo. The SUBDIVIDER shall be responsible for the
installation of said facilities.
3.21 The SUBDIVIDER shall prepare a Streetscape Plan for Priority Streets,
those being Isaiah Drive as the Primary Priority Street and Gravel Ridge
Trail as the Secondary Priority Street, to the satisfaction of the CITY'S
Director of Planning, CITY'S Director of Transportation Planning, CITY'S
Director of Engineering Services and the CITY'S General Manager of
Community Services. The Streetscape Plan shall illustrate a consistent
streetscape theme for the Priority Streets showing:
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a) Design and construction details for a centre median boulevard at the
intersection of Isaiah Drive and Bleams Road, with preference to low-
maintenance, sustainable plantings and decorative streetscape
elements;
b) Design and construction details for defined pedestrian crosswalks at
each of the Gravel Ridge Trail intersections with Isaiah Drive and for
the crossing of Gravel Ridge Trail to Walkway Blocks 16 & 17 (Stage
4);
c) Design and construction details for traffic calming features including
the centre median for the community trail crossing at the Hydro
corridor and Isaiah Drive, an alternate intersection treatment at the
intersection of Isaiah Drive with Gravel Ridge Trail and Isaiah
Crescent such as a neighbourhood traffic circle or curb extensions,
and traffic calming measures along Gravel Ridge Trail such as
pavement narrowing, curb extensions, centre medians or other;
d) Conceptually identify neighbourhood-scale entrance features within
the daylight triangle and landscape buffer blocks (Blocks 18 & 19 -
Stage 3) at the Isaiah Drive and Bleams Road intersection;
e) Conceptually identify potential street tree planting locations for Isaiah
Drive and any intersections with Isaiah Drive, with enhanced
treatments to be considered for the first street block (gateway
entrance) on Isaiah Drive at Bleams Road and Activa Avenue;
fl Conceptually identify locations and type of flankage lot streetscape
features, such as decorative fencing and landscaping between the
side yard fencing and sidewalk for flankage lots on Blocks 35 & 38
(Stage 1), Blocks 12 & 13 (Stage 3) if to be developed as single
detached dwellings, and Blocks 4 & 5 (Stage 4); and
g) Potential locations of utilities and transit stops.
The centre medians, traffic calming features and crosswalks shall be
installed by the SUBDIVIDER with the initial road construction of Isaiah
Drive and Gravel Ridge Trail.
The final design and construction details for clauses d) to fl inclusive shall
be completed prior to the registration of Stage 1 to the satisfaction of the
CITY'S Director of Planning and the CITY'S General Manager of
Community Services.
3.22 The SUBDIVIDER agrees that the Lotting Plan for Stage 4, particularly
Blocks 13 & 14, shall have a mixture of lot widths. The Lotting Plan for the
entire subdivision shall reflect the provision of priority lots as indicated on
the Priority Lot Plan, prepared by MHBC Planning Ltd., dated March 26,
2007.
6
3.23 The SUBDIVIDER agrees to have any on-site wells decommissioned to
the satisfaction of the CITY'S Director of Engineering Services.
3.24 Prior to Servicing or Registration, whichever may come first, the
SUBDIVIDER shall confirm whether decorative street signage and street
lighting will be used for the subdivision to the satisfaction of the CITY'S
Director of Transportation Planning and KW Hydro. Should these
decorative elements be utilized, they shall be installed at the appropriate
time frame and to the SUBDIVIDER'S cost, including the provision of 10%
of the materials for future replacementlmaintenance, to the satisfaction of
the CITY'S Director of Transportation Planning and KW Hydro.
Section 6 Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the
proposed subdivision shall be restricted to using Bleams Road and
prohibited from using any other internal residential streets in the
community. Construction traffic for Stages 3-5 shall make every effort to
use Bleams Road to Nyles Drive. 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 agrees that no building permit shall be applied for or
issued for the following Priority Lots unless the building designs are in
accordance with the approved Design Guidelines for Priority Lots to the
satisfaction of the CITY'S Chief Building Official, in consultation with the
CITY'S Director of Planning:
a) Corner (C) Priority Lots, being corner lots on Blocks 4, 5, 10, 11, 18,
23, 24, 32, 35 & 38 (Stage 1) and Blocks 4, 5, 9 & 10 (Stage 4).
b) Terminating Vista (T) Priority Lots, being Blocks 6 (Stage 3), Blocks 7
& 12 (Stage 4) and Blocks 6 (Stage 5).
c) Gateway (G) Priority Lots, being Blocks 12 & 13 (Stage 3) and the
corner lots of Blocks 2 & 3 (Stage 5).
c) Heritage Area (HA) Priority Lots, being lots on Blocks 8, 13-15
inclusive & Blocks 27-30 inclusive (Stage 1) and Blocks 8-10 inclusive
(Stage 3).
6.12 The SUBDIVIDER agrees that the following warning clauses shall be
inserted in all agreements of purchase and sale, and/or rental
agreements, for Blocks 12-14 inclusive (Stage 3), lots within 19.5 metres of
Bleams Road on Block 1 (Stage 5) and Blocks 2 & 3 (Stage 5):
"Warning Clause:
Due to its proximity to Bleams Road (Regional Road 56),
projected noise levels on this property exceed the Noise Level
Objectives approved by the Regional Municipality of Waterloo and
7
may cause some concern to some individuals. Moreover, this
dwelling and the lands have been developed such that noise
attenuation features are included.
This dwelling has been fitted with a forced air-ducted heating
system that is of a suitable size and designed to permit the future
installation of a central air conditioning system by the occupants.
Purchasers are advised that this property is in proximity to
aggregate operations that exist as of January ~, 2007 and at
which times may generate noise levels which are audible."
6.13 The SUBDIVIDER agrees that no building permit shall be applied for or
issued for Blocks 12-14 inclusive (Stage 3), lots within 19.5 metres of
Bleams Road on Block 1 (Stage 5) and Blocks 2 & 3 (Stage 5) unless each
dwelling within said Blocks shall make provision for a forced air ventilation
system with ducts sized to accommodate the future installation of air
conditioning by the occupants.
6.14 The SUBDIVIDER agrees that no building permit shall be applied for or
issued for Future Development Block 43 (Stage 1), or portions thereof,
until said block has/have been consolidated with the appropriate block(s)
in the adjacent Plan of Subdivision 30T-05205 (TALM Holdings Inc).
The SUBDIVIDER further agrees that no building permit shall be applied
for or issued for Future Development Block 19 (Stage 4), or portions
thereof, until said block has/have been consolidated with adjacent lands
immediately to the west for access or other purposes.
6.15 The SUBDIVIDER agrees not to apply for or be issued a building permit
for Block 48 (Stage 1) and Block 4 (Stage 2) until such time as said Block
is not required for temporary road purposes as determined by the CITY'S
Director of Engineering Services.
6.16 The SUBDIVIDER agrees to implement the approved Landscape Plan for
the berm (Blocks 18 & 19 -Stage 3 and Blocks 9 & 10 -Stage 5) to
satisfaction of CITY'S General Manager of Community Services prior to
occupancy of the first dwelling unit for each of Stages 3 and 5, or in the
event of winter conditions shall be completed by June 1 immediately
following the first occupancy.
6.17 The SUBDIVIDER agrees that an entrance feature within the daylight
triangle and landscape buffer blocks (Blocks 18 & 19 -Stage 3) at the
Isaiah Drive and Bleams Road intersection shall be installed at the
SUBDIVIDER'S cost in accordance with the approved Streetscape Plan
for Isaiah Drive within one year of the first building permit for Stage 1, or
in the event of winter conditions shall be installed by June 1 immediately
following the occupancy of the first dwelling unit for Stage 1 to the
satisfaction of the CITY'S General Manager of Community Services and
the CITY'S Director of Planning.
8
6.18 The SUBDIVIDER shall include a statement in all Offers of Purchase and
Sales Agreements, and/or rental agreements, which advises as follows:
a) that the home/business mail delivery will be from a designated
Community Mail Box; and
b) that identifies the exact Community Mail Box locations.
The SUBDIVIDER further agrees that the location of all Community Mail
Box facilities shall be shown on maps, information boards and plans,
including maps displayed in the sales office(s).
6.19 The SUBDIVIDER agrees to construct the Neighbourhood Park Block 39
(Stage 1), to the satisfaction of the CITY'S General Manager of
Community Services in consultation with the CITY'S Director of Planning.
Any, and all, construction costs of the park (including grading, topsoil,
seeding, sodding, installation of playground equipment, landscaping,
seating and signage} in accordance with the approved park design shall
be paid for by the SUBDIVIDER and the applicable construction costs,
such as playground equipment and landscaping, shall be reimbursed to
the SUBDIVIDER by the CITY through Development Charge credits. The
grading, topsoil, seeding shall be completed prior to occupancy of the first
unit within Stage 1 and the remaining park construction shall be
completed within 1 year of the issuance of the first building permit for
Stage 1, or in the event of winter conditions by the June 1St of the
following year.
The SUBDIVIDER further agrees that topsoil shall not be stockpiled on
the park block.
6.20 The SUBDIVIDER agrees to install black vinyl chain link fencing, or other
decorative fencing that is not solid, on Walkway Block 16 (Stage 3) and
Walkway Block 17 (Stage 4) within one year of occupancy of the lots that
are immediately adjacent to said Walkway Blocks.
The SUBDIVIDER further agrees to include a statement in all Offers of
Purchase and Sales Agreements, and/or rental agreements for said lots,
that advises that special fencing is being installed on the walkway blocks
and that owners of said lot are restricted from installing solid board or
other like solid fencing along the common property line with the walkway
block.
6.21 Within one year of occupancy of the flankage lots on Blocks 35 & 38
(Stage 1), Blocks 12 & 13 (Stage 3) if required, and Blocks 4 & 5 (Stage
4), the SUBDIVIDER agrees to install the streetscape features (including
fencing and landscaping) in accordance with the approved Streetscape
Plan.
The SUBDIVIDER further agrees to include a statement in all Offers of
Purchase and Sales Agreements, and/or rental agreements for said lots,
9
that advises that special streetscape features such as fencing and
landscaping is being installed on the lots and that owners of said lot are
responsible for the maintenance of the streetscape features and are
restricted from installing solid board or other like solid fencing in the
location of the installed fencing and landscaping.
6.22 The SUBDIVIDER shall include a statement in all Offers of Purchase and
Sales Agreements, and/or rental agreements, that advises that there is a
planned transit route through the neighbourhood and to provide an
information pamphlet or website address regarding Grand River Transit
services [to be provided by the Regional Municipality of Waterloo].
6.23 The CITY and HYDRO, where applicable, agree to implement street
furniture and hydro utilities on Isaiah Drive and along Gravel Ridge Trail and
the intersection with Melinda Street, to be of a style and in keeping with the
intent of the approved streetscape Plan or Design Guidelines for Priority
Lots. The SUBDIVIDER agrees to work with the Regional Municipality of
Waterloo on the design and construction of transit stops in these locations
to be in keeping with the intent of the approved streetscape Plan or Design
Guidelines for Priority Lots.
6.24 The SUBDIVIDER shall ensure that in all Offers of Purchase and Sales
Agreements, and/or rental agreements, for lots on Blocks 8, 13-15
inclusive & Blocks 27-30 inclusive (Stage 1) and Blocks 8-10 inclusive
(Stage 3) that the approved Design Guidelines for Priority Lots be provided.
Further, the SUBDIVIDER shall ensure that the approved Guidelines are
registered on title of each lot within said Blocks and that the owner is
required to follow the guidelines, including for items such as future additions,
major alterations and fencing.
6.25 The SUBDIVIDER agrees not to apply for or be issued any building permit
for any stage until the heritage attributes identified within the Notice of Intent
to Designate the dwelling on Block 28 (Stage 1), are brought up and
maintained to minimum maintenance standards to correct, retard or prevent
deterioration or damage to the heritage attributes, all to the satisfaction of
the CITY'S Director of Planning and the CITY'S Director of Enforcement.
6.26 The SUBDIVIDER agrees to complete the restoration of the exterior of the
dwelling located on Block 28 (Stage 1) in accordance with the approved
Heritage Farmhouse Design Guidelines by September 30, 2008 to the
satisfaction of the City's Director of Planning. Should the restoration not be
completed by the specified date the CITY shall use the Letter of Credit to
have the necessary works completed. 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 exterior restoration 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 SUBDIVIDER. In the event
that there are required exterior restoration works remaining to be completed,
10
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.
6.27 The SUBDIVIDER agrees to install a permanent paige-wire fence along the
rear lot line of Blocks 4, 5 and a portion of Block 3 (Stage 4) within one year
of occupancy of said Blocks.
6.28 The SUBDIVIDER agrees that prior to the registration of Stage 1, or
immediately upon the request of the CITY, to provide an easements)
within Stage 2 to the CITY, at no cost and free of encumbrance, for the
purpose of providing servicing to adjacent lands, if necessary, to the
satisfaction of the CITY'S Director of Engineering Services. The deed for
the easement(s) shall be provided in a form acceptable to the City
Solicitor.
The easement may be location-specific as it may be required to allow
servicing along Isaiah Crescent from the southerly boundary of Stage 2 to
the intersection of Isaiah Drive and Isaiah Crescent.
6.29 That prior to any site plan approval for Blocks 12 & 13 (Stage 3), the
SUBDIVIDER shall prepare and receive approval of an updated noise study
to the satisfaction of the Regional Commissioner of Planning, Housing
and Community Services and the CITY'S Director of Planning, to indicate
to the Regional Municipality of Waterloo if there are any noise impacts
from Bleams Road and if there are any stationary noise impacts from the
aggregate operation on the south side of Bleams Road. If necessary, the
SUBDIVIDER shall enter into an agreement with the Region of Waterloo
to provide for implementation of the approved noise study attenuation
measures prior to final site plan approval or with the CITY as part of the
site plan approval.
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall
fulfil the following conditions:
1. That the City Standard Residential Subdivision Agreement be registered
on title.
2. The final plan for registration shall show all lots intended for development
as single detached, semi-detached or duplex dwellings and a City
Standard Supplementary Residential Subdivision Agreement showing
such lotting shall be registered for each stage prior to the registration of
such stage. This condition shall not apply if the plan is to be registered
prior to the approval of servicing plans.
3. The SUBDIVIDER shall submit copies of the plan for registration to the
CITY'S Director of Planning and to obtain approval of such applications
therefrom.
11
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'S Director of Planning.
(b) to ensure that there are no conflicts between the desired locations
for utility easements and those easement locations required by the
CITY'S General Manager of Public Works for municipal services;
(c) to ensure that there are no conflicts between utility or municipal
service easement locations and any approved Tree Preservation/
Enhancement Plan;
(d) if utility easement locations are proposed within lands to be
conveyed to, or presently owned by the CITY, the SUBDIVIDER
shall obtain prior written approval from the CITY'S Director of
Planning, or, in the case of parkland, the CITY'S General Manager
of Community Services; and
(e) to provide to the CITY'S Director of Planning, a clearance letter from
each of the 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.
12
9. The SUBDIVIDER shall dedicate all roads, road widenings, 7.62m wide
daylight triangles at the intersections with arterial roads and public
walkways to the appropriate road authority (CITY or Region of Waterloo)
by the registration of the Plan of Subdivision.
10. The SUBDIVIDER agrees to convey to the CITY, at no cost and free of
encumbrance, the following lands forthe purposes set out below:
Stage 1
a) Block 44 for stormwater management;
b) Blocks 45, 46 for open space purposes;
c) Blocks 49-54 for 0.3m reserves.
Stage 2
a) Block 5 for 0.3m reserve.
Stage 3
a) Blocks 18, 19 for landscape buffer; and
b) Block 22 for 0.3m reserve.
Stage 4
a) Block 20 for open space/woodland purposes; and
b) Blocks 21, 22 for 0.3m reserves.
Staqe 5
c) Blocks 9, 10 for landscape buffer (backlotted arterial).
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 Director of Planning, in accordance with the
following criteria:
a) The sign shall be located outside the required yard setbacks of the
applicable zone and outside the corner visibility triangle, with the
specific, appropriate location to be approved by the CITY'S Director
of Planning;
b) The sign shall have a minimum clearance of 1.5 metres, a maximum
height of 6 metres, and a maximum area of 13 square metres;
c) Graphics shall depict the features within the limits of the subdivision
including, without limiting the generality of the foregoing, approved
street layout, including emergency access roads, zoning, lotting and
specific land uses, types of parks, storm water management areas,
hydro corridors, trail links and walkways, potential or planned transit
routes and bus stop locations, 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
13
including references to any formal development applications, all to
the satisfaction of the CITY'S Director of Planning;
d) Approved subdivision billboard locations shall be conveniently
accessible to the public for viewing. Low maintenance landscaping
is required around the sign and suitable parking and pedestrian
access may be required between the sign location and public
roadway in order to provide convenient accessibility for viewing; and
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 make arrangements for the granting of an
easement over Blocks 18 & 19 (Stage 3) and Blocks 9 & 10 (Stage 5) in
favour of the Regional Municipality of Waterloo for maintenance access to
the required noise attenuation berm. In this regard, the CITY shall permit
entry of the Region over said blocks to inspect or do any necessary works
on the berm, provided that any works done by the Region that damages
existing landscaping on said Block shall be reinstated by the Region to a
level satisfactory to the CITY.
13. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the
entire subdivision, which dedication is 1.542 hectares, by:
a) both the conveyance of Block 39 (Stage 1) to the CITY, at no cost
and free of encumbrance, which will satisfy 1.154 hectares of the
dedication and the remainder shall be satisfied through the
conveyance of Block 20 (Stage 4) and the woodland parcel located
immediately adjacent to the northeastly limit of the plan of
subdivision and described as Part of Lot 130, German Company
Tract and shown on the Draft Plan drawing as `Additional Lands
Owned by Applicant - 4.192ha'.
14. The SUBDIVIDER shall have landscape plans of the stormwater
management facilities prepared by an environmental professional
acceptable to the CITY'S General Manager of Community Services, in
consultation with the CITY'S Director of Engineering Services and to
obtain therefrom, approval of such plans.
15. Prior to the registration of Stage 1, the SUBDIVIDER shall prepare and
receive approval of a Landscape Plan for the noise attenuation berm
facing Bleams Road (Blocks 18 & 19 -Stage 2 and Blocks 9 & 10 -
Stage 5), including one consistent style of fencing to be located at the top
of the berm with landscaping between the fence and the road right-of-way
for screening and aesthetic purposes, to satisfaction of CITY'S General
Manager of Community Services, in consultation with the CITY'S Director
of Planning and the Regional Municipality of Waterloo.
14
16. The SUBDIVIDER shall prepare and receive approval of design drawings
for the Neighbourhood Park Block 39 (Stage 1) and for Walkway Block 16
(Stage 3) and Walkway Block 17 (Stage 4) to satisfaction of CITY'S
General Manager of Community Services, in consultation with the CITY'S
Director of Planning. When preparing the park design plans
consideration should be given to providing a location for one of the
Community Mail Box facilities with associated seating, other seating
areas, an enhanced treatment of the park space near the intersection of
Isaiah Drive and Gravel Ridge Trail/Isaiah Crescent (coordinate with the
Streetscape Plan), maintaining views from the heritage dwelling on Block
28 (Stage 1), providing appropriate signage including wayfinding and
interpretive signage of the heritage qualities of the area, a pathway and
other features to enhance the link and view from the Isaiah Drive frontage
up to the Walkway Block 16 (Stage 3). The Walkway Blocks are intended
to include a hard surface pathway, enhanced landscaping, locations for
hardscape elements for potential seating and possibly signage, including
wayfinding. The SUBDIVIDER and the CITY shall confirm if the costs
associated with the preparation of the design drawings is reimbursable to
the SUBDIVIDER through Development Charge credits
17. Prior to Servicing or Registration of each stage, whichever may come
first, the SUBDIVIDER shall confirm whether decorative street signage
and street lighting will be used for the subdivision to the satisfaction of the
CITY'S Director of Transportation Planning and KW Hydro. Should these
decorative elements be utilized, they shall be installed at the appropriate
time frame and to the SUBDIVIDER'S cost, including the provision of a
one-time supply of 10% of the materials for future maintenance
replacement, to the satisfaction of the CITY'S Director of Transportation
Planning and KW Hydro.
18. The SUBDIVIDER shall prepare a Street Tree Planting Plan for each
Stage prior to the registration of each respective stage to the satisfaction
of the CITY'S General Manager of Community Services, in consultation
with the CITY'S Director of Planning. Appropriate consideration shall be
given to reduce conflicts between street trees and utilities. In locations
where the survival of plantings may be difficult due to infiltration/salt
management objectives within the municipal right-of-way, street trees
shall be provided immediately adjacent to the right-of-way on each lot/or
future lot. In these instances, an easement shall be provided over each
lot/ or future lot in favour of the CITY for the maintenance of the street
tree planting.
19. Prior to registration of Stage 1, the SUBDIVIDER shall receive final
approval of the Design Guidelines for Priority Lots and the Heritage
Farmhouse Design Guidelines to the satisfaction of the CITY'S Director of
Planning.
The Design Guidelines for Priority Lots shall include, but not be limited to,
the following considerations:
15
a) For Corner ~C) Priority Lots, building elevation drawings shall ensure
that consideration has been given to the design treatment along both
road frontages for each lot/dwelling, including such items as the
provision of porches, porticos, stairs or other projections; secondary
door entries; horizontal articulation, brick or masonry-style skirting
andlor accentuated bay) windows and any consideration to fencing
and landscaping. Preference is given to garages facing the flankage
street and a door facing the Priority Street.
b) For Terminating Vista (T) Priority Lots, building elevation and building
location drawings shall ensure that the garage face is not the primary
terminating view from the oncoming street, instead utilizing the
habitable portion of the dwelling, porch, roof pitch, landscaping, etc.
c) For Gateway (G) Priority Lots, in the event that said blocks do not
require site plan approval, building location, massing and elevation
drawings shall ensure that consideration has been given to building
relation to the street line, direct walkway connections to Isaiah Drive
and the design treatment along road frontages for each lotldwelling,
including such items as the provision of porches, porticos, stairs or
other projections; secondary door entries; horizontal articulation, brick
or masonry-style skirting and/or accentuated bay) windows and any
consideration to fencing and landscaping.
c) For Heritage Area BHA) Priority Lots, building elevation and building
location drawings shall ensure that the lotsldwellings complement the
Heritage Farmhouse Design Guidelines, including matters such as
building locationlorientation on the lot, driveways, location of corner lot
fencing or other decorative fencing, any front yard landscaping, roof
orientation and pitch, windows, porch, and type of material die stone or
stone like material for all sides).
20. Prior to registration of Stage 1, the SUBDIVIDER agrees to provide the
CITY'S Director of Planning with a Cost Estimate, prepared by a
professional architect, for the cost associated with the restoration of the
exterior of the dwelling located on Block 28 Stage 1) in accordance with the
approved Heritage Farmhouse Design Guidelines. The SUBDIVIDER
agrees to provide the CITY with a Letter of Credit or other like security in a
form and content satisfactory to the CITY'S Solicitor, in an amount equal to
the value of the restoration of the dwelling located on Block 28 Stage 1) as
determined in the Cost Estimate. The Letter of Credit provided by 970722
Ontario Inc. clo R-B-J Schlegel Holdings Inc. dated September 26, 2006,
may be amended to be for the exterior restoration works and held by the
CITY in lieu of the security requirement with any additional value provided
by the SUBDIVIDER and any lesser amount released by the CITY upon
request. The Letter of Credit shall be released by the CITY when the
required restoration has been completed and certified by a professional
architect to the satisfaction of the CITY'S Director of Planning.
21. Prior to registration of Stage 1, the SUBDIVIDER shall update the
Streetscape Plan for Priority Streets [from Condition 3.21 of the
16
Subdivision Agreement] showing the final design and construction details
for clauses d) to fl inclusive [entrance feature, street tree plantings and
flankage lot streetscape features], to the satisfaction of the CITY'S
Director of Planning and the CITY'S General Manager of Community
Services.
22. The SUBDIVIDER agrees that prior to the registration of Stage 1, or
immediately upon the request of the CITY, to provide an easement(s)
within Stage 2 to the CITY, for the purpose of providing servicing to
adjacent lands, if necessary, to the satisfaction of the CITY'S Director of
Engineering in consultation with the consulting engineer for the
SUBDIVIDER. The deed for the easement(s) shall be provided in a form
acceptable to the City Solicitor.
The easement may be location-specific as it may be required to allow
servicing along Isaiah Crescent from the southerly boundary of Stage 2 to
the intersection of Isaiah Drive and Isaiah Crescent.
23. The SUBDIVIDER agrees that the development of the subdivision may
register in 5 stages, as follows:
a) Stage 1 may register at any time;
b) Stages 2 and 3 may be registered subsequent to the registration of
Stage 1 provided that clearance is given from the Region of
Waterloo that Water Pressure Zone 6 is operational and/or prior to
Pressure Zone 6 that no dwelling units are above 381 MASL;
c} Stage 4 may register at any time subsequent to the registration of
Stages 1 and 3 or alternately Stages 1 and 5; and
d) Stage 5 may register at any time subsequent to Stages 1 and 4 or
alternately may register at any time as long as measures are
provided to ensure compliance with the CITY'S Emergency Access
Policy, that temporary turning facilities are provided and that
clearance is given from the Region of Waterloo that Water Pressure
Zone 6 is operational and/or prior to such clearance provided that
no dwelling units are above 381 MASL.
24. To expedite the approval for registration, the SUBDIVIDER shall submit to
the CITY'S Department of Development and Technical Services, 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. That the owner agrees to stage the development for this subdivision in a
manner satisfactory to the Regional Commissioner of Planning, Housing
and Community Services;
17
2. That the subdivision agreement be registered by the City of Kitchener
against the lands to which it applies and a copy of the registered
agreement be forwarded to the Regional Commissioner of Planning,
Housing and Community Services prior to final approval of the subdivision
plan;
3a. That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply
and municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever comes
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Engineering shall advise prior to an Agreement for
Servicing that sufficient water supplies and wastewater treatment capacity
is available forthis plan, or the portion of the plan to be registered;
3b. That the owner include the following statement in all agreements of lease
or purchase and sale that may be entered into pursuant to Section 52 of
the Planning Act, priorto 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 fulfillment 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. Prior to final approval of Stage 1, the SUBDIVIDER shall submit a final lot
grading and drainage plan to the Region identifying the final elevations. If
lands within Stage 1, excluding Block 28, exceed 381.0 MASL, the
subdivision plan must be modified to exclude those lands from Stage 1
prior to final approval. Only lands up to 381.0 MASL based on the final
approved grading plans can be serviced and registered prior to the
implementation of Pressure Zone 6.
5. That the owner enter into an agreement with the Region to include the
following warning clause in all Agreement of Purchase and Sale and/or
Rental agreements for:
a) all lots/blocks in Stage 1, except Block 28:
"Warning:
The purchaser and/or future occupant is advised that water
servicing is provided on a temporary basis until such time as a
18
new pressure zone is installed. Once the new pressure zone is
installed the purchaser may experience an increase in pressure of
approximately 70 kpa (10 psi)."
b) Block 28 (Stage 1):
"Warning:
The purchaser and/or future occupant is advised that water
servicing is provided on a temporary basis until such time as a
new pressure zone is installed. Until such time water pressure
maybe below Regional Guidelines. Once the new pressure zone
is installed the purchaser may experience an increase in water
pressure".
6. That prior to final approval, the SUBDIVIDER shall receive final approval
of a Noise Study, to the satisfaction of the Regional Commissioner of
Planning, Housing and Community Services, to indicate to the Regional
Municipality of Waterloo if there are any noise impacts from Bleams Road
and if there are any stationary noise impacts from the aggregate
operation on the south side of Bleams Road. If necessary, the
SUBDIVIDER shall enter into an agreement with the Region of Waterloo
to provide for implementation of the approved noise study attenuation
measures priortofinal approval.
Further, the SUBDIVIDER shall enter into a registered agreement with the
CITY to prepare an update to the Noise Study prior to any site plan
approval (in principle) for each of Blocks 12 & 13 (Stage 3). The intent is
to encourage units on said blocks facing Isaiah Drive and updated noise
provisions may be required depending upon the final orientation and
design of dwellings on said blocks.
7. The SUBDIVIDER shall enter into a maintenance agreement with the
Regional Municipality of Waterloo to include the following maintenance
clause for Blocks 12-14 inclusive (Stage 1) and Blocks 1-3 inclusive
(Stage 5):
"The Owner agrees to preserve and maintain the function of the noise
attenuation berm upon the lands. The purpose of the berm is to attenuate
noise from Bleams Road. The owner agrees that the Region, through its
employees and agents, has the right to enter onto the lands to inspect the
noise berm. The owner (not including the CITY) agrees to repair, or if
necessary, replace the noise berm upon receipt of a written notice from
the Region, as the Region deems necessary, the owner agrees that the
Region may undertake such work upon the expiration of the time set out
in the notice. If such work is undertaken by the Region, the owner agrees
to permit entry upon the lands for this purpose and agrees to reimburse to
Region fully for all costs associated with undertaking such work. The City
of Kitchener shall not be responsible for any necessary repair or
replacement of the noise berm. "
19
8. That prior to final approval, the SUBDIVIDER shall prepare a Boulevard
Restoration Plan for Bleams Road to pre-development conditions, to the
satisfaction of the Regional Municipality of Waterloo, and shall be
responsible for implementing said plan to the satisfaction of the Region at
the appropriate time frame.
9. That the owner enter into an agreement with the Region to distribute
source water protection education and awareness information to home
owners to educate them on the proper use and care of the infiltration
galleries, and the proper storage and use of chemicals, fertilizers, and de-
icing materials.
10. That prior to final approval, the SUBDIVIDER receive final approval of a
Transportation Study, to the satisfaction of the Regional Commissioner of
Planning, Housing and Community Services, to indicate to the Regional
Municipality of Waterloo the impact of the proposed intersections of Isaiah
Drive and Nyles Drive with Bleams Road in addition to the surrounding
road network. The cost associated with the preparation and
implementation of the Study is the SUBDIVIDER'S responsibility, and if
necessary the SUBDIVIDER shall enter into an agreement with the
Region of Waterloo to provide for implementation of the approved Study
priortofinal approval.
Specifically, prior to final approval of Stage 1, the SUBDIVIDER shall
prepare a detailed functional design of an easterly-bound left turn lane on
Bleams Road at Isaiah Drive to the satisfaction of the Regional
Commissioner of Planning, Housing and Community Service. The
construction of the turn lane is identified as a development charge item
and the Region of Waterloo will endeavour to undertake construction of
the left turn lane when possible. Due to Development Charge funding
constraints and depending upon timing of construction of the subdivision,
it may be necessary to enter into an agreement with the SUBDIVIDER to
up-front the cost of the left turn lane priortofinal approval of the plan.
11. That prior to final approval, the SUBDIVIDER shall make arrangements
with the Region to satisfy the requirements of Grand River Transit and
provide the necessary funds for transit pads.
12. That prior to the final approval of Stage 1, the SUBDIVIDER must enter
into an agreement with the Region of Waterloo to provide a ground water
monitoring well within the Stormwater Management Block 44 Stage 1}, to
the satisfaction of the CITY'S Engineering Services and the Region, to
monitor potential impacts on Region Well K25/29. The SUBDIVIDER
shall further submit a monitoring program and contingency plan for this
well priortofinal approval of Stage 1 and any subsequent stages at their
expense, to the satisfaction of the Region of Waterloo, in consultation
with the CITY'S Director of Engineering Services. The SUBDIVIDER may
be required to enter into an agreement with the Region to implement the
monitoring and contingency requirements, including the provision for a
letter of credit, if necessary.
20
13. That prior to final approval of Stage 1, two copies of a signed Record of
Site Condition acknowledged by the Ministry of Environment along with
the Ministry confirmation that the site is not being audited, be submitted to
the satisfaction of the Region of Waterloo, and one copy to the CITY'S
Director of Engineering Services.
14. That prior to final approval of Stage 1, the SUBDIVIDER shall enter into
an agreement with the Region of Waterloo to provide a Letter of Credit to
the Region for the future installation of street lighting along the
subdivision's Bleams Road frontage in the amount of $17,200.
15. That prior to final approval of Stage 1, the SUBDIVIDER shall dedicate to
the Region, at no cost and free of encumbrance, Block 47 (Stage 1) for
open space/regional well purposes. A portion of the community trail may
be located on a portion of this block.
4. OTHER AGENCY CONDITIONS
Hydro One
1. Prior to final approval, a copy of the lot grading and drainage plan, showing
existing and final grades, must be submitted to Hydro One.
2. Any development in conjunction with the subdivision must not block
vehicular access to any Hydro One facilities located on the right of way.
During construction, there will be no storage of materials or mounding of
earth or other debris on the right of way.
3. The SUBDIVIDER shall make arrangements satisfactory to Hydro One for
the crossing of the hydro right of way by the proposed road(s). Separate
proposals including detailed lighting and site servicing plans shall be
submitted in triplicate to Hydro One for future road closings.
4. The cost of any relocations or revisions to Hydro One facilities which are
necessary to accommodate this subdivision will be borne by the
SUBDIVIDER.
5. The easement rights of Hydro One and its legal predecessors are to be
protected and maintained.
6. Temporary facilities may be required due to staging of the subdivision. All
costs associated with these facilities will be at the developer's expense.
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the City's Director of Planning,
the Director shall be advised by the Regional Commissioner of Planning
and Culture that Regional Conditions1-15 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.
21
2. That prior to the signing of the final plan by the City's Director of Planning,
the Director shall be advised by the telephone company that Condition
2.2.7 has been carried out satisfactorily. The clearance letter from
Kitchener Wilmot Hydro should contain a brief statement as to how the
condition was satisfied.
3. That prior to the signing of the final plan by the City's Director of Planning,
the Director shall be advised by Kitchener Wilmot Hydro that Conditions
2.2.6 and 2.2.8 have been carried out satisfactorily. The clearance letter
from Kitchener Wilmot Hydro should contain a brief statement as to how
the conditions were satisfied.
4. That prior to the signing of the final plan by the City's Director of Planning,
the Director shall be advised by Hydro One that Other Agency Conditions
4.1 to 4.6 have been carried out satisfactorily. The clearance letter from
Hydro One 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.
Regional Fees
5. The owner/developer is advised that the Regional Municipality of
Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the
Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for
application, recirculation, draft approval, modification to draft approval
and registration release of plans of subdivision.
22
Approvals for Servicing Systems
6. The proposed water distribution system meets the definition of a "water
works" as defined in the Ontario Water Resources Act. Prior to the
construction of the proposed water supply system. The proponent must
ensure that the application for approval of water works, and appropriate
supporting information, are submitted to the Ministry of the Environment
for approval.
stormwater Management
7. The proposed stormwater management system meets the definition of a
"sewage works" as defined in the Ontario Water Resources Act.
Therefore, approval of the Director must be obtained under Section 53 of
the Ontario Water Resources Act prior to the construction of the proposed
stormwater management system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting
information, are submitted to the Ministry of the Environment for approval.
Sewage System
8. The proposed sanitary sewage collection system meets the definition of a
"sewage works' as defined in the Ontario Water Resources Act.
Therefore, approval of the Director must be obtained under section 53 of
the Ontario Water Resources Act prior to the construction of the proposed
sanitary sewage collection system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting
information, are submitted to the Ministry of the Environment for approval.
Planning Act Applicability
9. This draft plan was received on or after March 2005 and shall be
processed and finally disposed of under the Planning Act, R.S.O. 1990, c.
P.13, as amended by S.O. 1996, c.4 Bill 20) as of that date.
Regional Servicing Agreement) 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 ownerldeveloperrnust
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 ownerldeveloperwi)l 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.
23
Registration Release
11. To ensure that a City or Regional Release is issued by the City's Director
of Planning or the Regional Commissioner of Planning, Housing and
Community Services to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all
City or Regional conditions have been satisfied and the required
clearance letters, agreements, prints of plan to be registered, and any
other required information or approvals have been deposited with the City
or Regional Planner responsible for the file, no later than December 15th.
City and Regional staff can not ensure that a City or Regional Release
would be issued prior to yearend where the owner has failed to submit the
appropriate documentation by this date.
Hydro Transmission Lines
12. The transmission lines abutting this subdivision operate at 500,000,
230,000 or 115,000 volts. Section 186 -Proximity - of the Regulations for
Construction Projects in the Occupational Health and Safety Act, requires
that no object be brought closer than 6 metres X20 feet) to an energized
500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15
feet), and for 115 kV conductors it is 3 metres X10 feet). It is the
proponent's responsibility to be aware, and to make all personnel on site
aware, that all equipment and personnel must come no closer than the
distance specified in the Act. They should also be aware that the
conductors can raise and lower without warning, depending on the
electrical demand placed on the line.
Final Plans
13. When the survey has been completed and the final plan prepared to
satisfy the requirements of the Registry Act, they should be forwarded to
the City of Kitchener. If the plans comply with the terms of approval, and
we have received an assurance from the Regional Municipality of
Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the signature will be endorsed on the
plan and it will be forwarded to the Registry Office for registration. The
following is required for registration under The Registry Act and for our
use:
One (1) original mylar
Four (4) mylar copies
Four (4) white paper prints
24
~ ~ N80°45'20°E Land Use Schedule STAGE THREE LAND USE MINIMAX UNITS AREA (ha.)
~ N77°5735"E 81.973 STAGE ONE LAND USE MINIMAX UNITS AREA (ha.) Blocks 1-11,14 SinglelSemi Detached Dwellings 56166 2.939
~ ~ ~ ~ ~ ~ . ~~~~ X57.333
~~ ~ ti Blocks 1-38 SinglelSemi Detached Dwellings 1281152 6.587 Blocks 12,13 ResidentiallMizedOse 4116 0.228 1^/,v`vvI^/
\tll \62~ V
~ ~6o Block 39 Neighbourhood Park 1.158 Blocks 15-17 Public Walkway 0.072
N ~~ ~~~ Blocks 40-42 Public Walkway 0.067 Blocks 18,19 Open SpacelLandscape Buffer 0.032
ti6 ~~ `~ Block 43 Future Single Detached (Lot Addition) 1 0.138 Blocks 20,21 Road Widening 0.012
~ ~ 6~ ~ ~ ~'~ Block 44 0 en S aceISWM 1.483 Block 22 0.3m Reserve 0.002
os~~ ~~° ~ ~ p p
~ ~~~ N Blocks 45-47 Open SpacelHydro Corridor 1.831 Roads 0.857
~ ~ ~ ~ Block 48 Temporary Road (Future Single Detached) 1 0.040 TOTAL STAGE 3 60182 4.142
~ ~ ~ Blocks 49-54 0.3m Reserve 0.013 STAGE FOUR LAND USE MINIMAX UNITS AREA (ha.)
~~ Roads 3.008 Blocks 1-15 SinglelSemi Detached Dwellings 81194 5.760
~ ~ TOTAL STAGE 1 1301154 14.325 Blocks 16,17 Public Walkway 0.046
3 ~ 'eo
N ~ ~s\ _ STAGE TWO LAND USE MINIMAX UNITS AREA (ha.) Blocks 18,19 Future Development (Access 0.052
"' ~ ~ ~ ~ Blocks 1, 3 SinglelSemi Detached Dwellings 19121 0.912 Block 20 Open SpaceNVoodland 0.126
° ~ ~ Block 2 Residential (single~semurownlMultlple) 7116 0.299 Blocks 21,22 0.3m Reserve 0.002
z ~ ~~ ~ Block 4 Temporary Road (Future single oetached) 1 0.041 Roads 1.461
Block 5 0.3m Reserve 0.001 TOTAL STAGE 4 81194 7.447
Roads 0.306 STAGE FIVE LAND USE MINIMAX UNITS AREA (ha.)
Additional TOTAL STAGE 2 27138 1.559 Block 1 SinglelSemi Detached Dwellings 11 0.683
Lands
Owned by Blocks 2-7 SinglelSemilStreetT0wnhouse 40172 1.701
Applicant Block8 Public Walkway 0.018
4.192 ha. ~ Blocks 9,10 Open SpacelLandscape Buffer 0.200
TOTAL AREA 30.840 ha. Blocks 11,12 Road Widening 0.060
~~ °~' ~ ~ Roads 0.705
~N '~°~ TOTAL MINIMAX UNITS 3491451 TOTALSTAGE5 51183 3.367
~~~ ,~ ti ,~ --~,# ~ PEACH BLOSSOM CRESCENT
z Z ~ F ~
~ A ~ BLOC 9
N73°04'05"E Vacant g1k.21 ~°\ ~ Blk. 18 ~~
20'~ 2.329 ~ 0.3m Reserve ~~ Future Development °
°
~~ APPROXIMATE LIMITS 0.001 ha. ~ 0.036 ha. e o s
s~o of SUBDIVISION N77°22'15"E 151.174 ~ N77°41'20"~~ 147.967 N77 35'5 'E 137. 33
~ ~ r ~ ~~~n ~~~~n~~ ~~~~~~~~~~ ~~~~~~~~ ~~ ~ ~~ ~~ , 5
__ _ L 18 K
3.Om SETBACK ^ \~ Bk. 44 6 ~ ~
FROM DRIPLINE 2
LOCATION SURVEYED ~ I Q Storm Water Management
BY MTE DEC.2006 0~ Bk.20 M \
Open Space ~~ W ~~ti Blk. 3 ~ w ~ Res.2 1.483 ha. ~
~ Res.
_ : 0.126 ~°4 Blk. 4 0.300 ~ ~ 0.369 ha. Res.1 ~`~~ ~, Blk. 42 ~ ' ~,~~
2omR Res. ha. 6 0.295 ha. ~bs~y ~/ Walkway ~ °~` ~~
C 0.464 ha. Blk. 16 ti ~~," 0.029 ha. j \
so.5 ~'Pi0'~y~ R3~ walkway spa
~ Blk. 5 O F 0.018 ha. r5q ~o ~ ~
o~ ~~F ~ s
0749 ha. e ~ Blk. 15 ~` ~ Blk. 37
o ~ ~ Res. Res.
Om 0.126 ha. w ~ ~ °
M v 6 0.359 ha. ~yo ~
r ^ bq. a o ~ Blk. 36 ,~~~ 333 0 ~m
Z ^ '~~ "'~ ~o~s~ Blk. 45 Res. ~~~ c>7 ~ 0
Blk. 17 Res.2 Ik. 18 ~s~ Open Space 0.327 ha. O~y r~ o
Walkwa
0.019 ha 6 0.568 ha. Res. ° 2~ l .l 54 ha. a Blk. 38 `'a °
^ ~ 0.085 ~ Bk.l9 3~. Ik.35 Res. Z e~
3 I a ~~ q ~~ ~ C~ Res. Res. 0.056 ha. °L
~ G 0.705 ha. 0.060
~v. F
~ ~ Blk. 1
~~ ~ ~ Blk. 14 Blk. 3 ~ o~~ 3, ~~p ~~~ ~ Res. m ~o
N N ~ Res. Res. ti 2 ~~~ Bik.24 G' 9 Blk. 34 w~ ~ o
N ~ ^ 9 ~ ~ Res. ~ ~ 0.247 ha.
Z Blk. b 0.758 0.378 ha. ~~ '~ ~~ ~~~ o.o54ha. ~,'p BIk. 33 a~ 0 048 ~~ ~'~~o A' NM '~ ~ 'o
^ Res. Q- ~° '9i Res. 2 ~ ,
Mannheim I 0.928 ha. ~ ~ 5~ R 823 ,6 ~ 0.046 ha. ~ Blk. 47 r
Water Treatment Q P 0.053 ha. Q' ScP ~ Open r ~ ~ e ' tial
^ ~ J ~ ~ ~~ Space Z
Facility ~ '~a~ Q a 3S2 ~~ ~ s ~ BIk.2
~ tG~ ~~ BIk. 32 ~ ~~ \ Res. 0.163 ha
b N ~ ~ ~ Blk. 17 e~` 0~/~ Blk. 20 Res. Blk. 3 0.043 ha.
~ ~ Blk. 4 } Blk. 1 Res. Blk. 25 Blk. 22 P~J~ Res. 0.057 Res. ti64o'~~~ ^ ~
o r; I o Res. w Res. 0.529 Res. Res. X00 0.188 ha. 0.042 ~6 Blk. 46 s~~ °
N r ~ 0.307 ha. 0 0.234 ha. 0.472 ha. 0.446 ha. 2 0~ 20 ~ ~ Open Space s~^ _ ~
Z 56 w Q ha. ~~~ 3a.8 ~' Blk. 4 ~ 0.514 ha.
~ 31 38 32 32 33 5q 6 Bk.54 Res.
Q Blk. 17 Blk. 16 16 Blk. 40 Blk. 21 0.3m Reserve 0.059 e ~ ~ ~
N ^ ~ Walkway Walkway Walkway Res. 0.001 ha. y /~ ^ N ~ ~
oa 0.028 ha. 0.034 ha. MERKLING STREET Bk.52 0.019 ha. 0.188 ha. 648 ^ r r ,~ ~r2s
~ s> >
,p Bk. 7 ry o o ~ 0.3m Reserve ~ `' 9~ I Z
C`7 RES. 0.064 ha. N rn rn 0.001 " BRes. p ~~ 3~9 S~ ~ ~`\ rorza
r ~ ~ e o~
^ 3° 0.062
^ Blk. 39 ,~ --3s __ __ 561 ___ ``_ g~_
__ _ -_I ___ _ ___ Park..__ __ _ - -~ a _~ Blk. 1 ~
20 31 38 18 30 32 18 33 Q °' \
^ 1.158 ha.D Res. O~~ Neu ~,
~^ BIk. 8 ~ V Blk. b 346 0.496 ~~ Z `~ `~.~
~ w BIk.26 ~
~ Res. BIk.l3 BIk.5 w w (~~ Res. 3~ 0~ ~ '~
w Blk. 16 ~ Res. ~,{r`' ~ 0.364 ~ 4 J~' ~ ~ ~`
u~l 0.500 ha. Res. Res. ~ ~ 0.319 ha. ~ ~ ~ ``
"~^ 0.409 0.476 ha. ~ Res. ~ ~ ~~ ha. Blk. 3 ~~ ~ ~
nl^ ~ Blk. 11 0.384 ~~ Res. ~~ ~ \ ~~ O~~ `~,
I ha. Res. ha. Q ~ 324 0.384 ~~- 364 ~ `~, / ,~ ~
Z 0.402 o ha. ~.. S ~ ~. ~
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^_ W ha. W Res. *< Ro dp 339 .~~ ~....~ _....... I C ~O~?'0 / ~~ O`~
~ ~ ~ ~ ~ 0.480 ha Blk. 4 ~
N78°47'30 E ~ B1k.19 ~ ~ 0.040 ~ Q 3 ~~ RO
55.132 ~ F°r°re~ ~ 33 32.6 a Temp. 8 BIk.2 ~ ~ A `~,
Existing ~ o ore h° M Road Res. x ,.~~- " - ~,
~ 30 32 BIk.27 BIk.41
Church N18°20'55"E~ BIk.l2 Q 20 „~~ ~
12.247 ~ ~ Res. Res. 0.050 Walkway 0.041 0.331 ha. a ~ ~
z 0.058. ~ Blk. 15 A 0.019 ha. 3j.3 ~ ~ N ~ ``
N 4°11'10"E ~ s Res. 0.045 ~ Q '~
46.797 ~o `ba .6 BIk.28 BIk.29 BIk.7 72 ~ Q
~ ~ ~ ~k.s Blk. 11 Blk. 10 Res. 33.7 Res. i~ ~ ~ ~ ~ ~ ~ ~O
2s.2
Res. Res. "Res. 0.135 ha. ~ pejpb Blk. 30 ~ 0.118 ha. N~''7P190 "E 7 °33'40 8 .0 4 I p
0.107 ha. Res. 0,
5 ° 0.114 ha. 1s 0.191 ha. 1a 6 ha. 0.059 ha. 31 ~-Q9.5 ~ ads o ~
^ P 3° Otis ~ 5 n d b ~2
^ ~•~e~r° ~~' BIk.22 Blk. 51 GRAVEL RIDGE TRAIL °, ^ ~ ,3 e p ICa
~ ~~0~ °' 0.3m Reserve o.3m Reserve Blk.lS Walkwa
a,I o 0 0.002 oo~9h°. Y BIk. 8 I .001 ha. ,
a;, M Blk. 10 0.002 h Blk. 7 18.2 18.2 Blk. 13 Res. ~ 1 { PURPLE SAGE
Blk. 14 Res. 0.140 ha. BIk.~4~3 ~ CRES
'0 o Res. W Blk. Res. BIk.8 Biks w N o.o52ha. I1. t` II ~1.y
~I Res. N "~ 31 ~--,-~ Fut~- -
0.292 ha. N R65. 0.195 ha. o.oa9Rha. b na49 Oe183 ha. BIk3112 Blk. 9 _.u~ Dev~Japane
ooa9 Res. ^a,co~ 0.1~8ha. _ r
0.087 ha. Res. ^ ~ I O
1a Bk. 7 Bk. b Bk. 5 b Bk. 4 31 0.070 ha. ° ~j~ ~
I Blk. 1 Multiple Res. Multiple o Multiple Res. o Multiple Res. B . 11 B . 10 ~ ~ _ Q
^ Res. 0.303 ha. Res. 0.229 ha. 0.218 ha. Res. Res. . Z rf ~ ~
i 0.683 ha. 0.046 ha. Ise 0.052 h°. 0.050 ha. L. O
~ g • g B 50 ISAIAH ~Ik: 49 2
ELIZA AVENUE Walkway ~ 0.3m Reserve CRESCENT 0.3m Rena ~ PURPLE SAGE CRE ~
O^ 0.018 ha. 0.004 ha. 0.004, \ ~ S
M^ 32 22 St 323 9 ^ 4 ~ ~~ `\ -
M~ BIk.9 20 a BIk.3 ~ 31k.14
° a Blk. 2 ~~, o, °. Blk. 12 Blk. 13 "~ ~ ~` \
c~ Landscape M ~ w Multiple Res. °, Res. es.
^ Multiple Res. w ~ M Bk. 10 0.58y ha. M Res. ~
Z^ Buffer 0.308 ha. ~ - 0.123 ha. 0.120 ha. .0~4 ha'. \
~ Landscape Buffer ^
0.132 ha. Z ~ 4.5m 0.068 ha. St 3 S.OOm 6.~5m ~ _ ``~
9.25m "_ ---- -- -
° ~ ~~ 2.1m Bk.ll 197.0512~1m N77°05'05"E Bk.21 N77°05'05"E 2.Im
N77 0505E Blk. 19
Road Widening gLEAMS ROAD 127.319 Road 86.399 Blk. 20 Landsca e Buffer
0.029 ha. Blk. 12 Widenin Blk. 18 p (REGION
Road Widening 0.005 ha. an scape Widening a• AL ROAD 56)
0.031 ha. Buffer 0.007 ha.
0.012 ha.
25 75 REVISIONS: SUBDIVISION APPLICATION 30T-05201
PLA111 OF SUBDIVISION o 50 100
ZONE CHANGE APPLICATION ZC 05/01 /B/BS
R BJ S C H L E G E L LT D. SCALE 1:4000 ^
City of Kitchener CAD FILE:
PART OF LOTS 130-132 G.C.T. 30T-05201
DATE: MARCH 23, 2007 DEVELOPMENT AND TECHNICAL SERVICES DEPARTMENT .awg
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~~ N77°5735"E X1.973 N8o°45'20"E
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~
\ TO RESIDENTIAL THREE ZONE (R-3) AND SPECIAL REGULATION PROUISION 450R
~ ~ WITH SPECIAL REGULATION PROVISION 457R AND SPECIAL REGULATION PROUISION 451R A-1 AGRICULTURAL ZONE
~~ AND HOLDING PROVISION 30H AND HOLDING PROVISION 30H CR-1 COMMERCIAL RESIDENTIALONEZONE
~ ~
e I-1 NEIGHBOURHOOD INSTITUTIONAL
~`
s AREA 4 - FROM AGRICULTURAL ZONE (A-1) AREA 10 -FROM AGRICULTURAL ZONE (A-1) P-1 PUBLIC PARK ZONE
P-2 OPEN SPACE ZONE
`~ TO RESIDENTIAL FOUR ZONE R-4
( ) TO PUBLIC PARK ZONE P-1
( ) P-3 HAZARD LAND ZONE
°
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~~ WITH SPECIAL REGULATION PROVISION 403R R-3 RESIDENTIAL THREE ZONE
AND HOLDING PROVISION 30H AREA 11-FROM AGRICULTURAL ZONE (A-1) R-4 RESIDENTIAL FOURZONE
TO OPEN SPACE ZONE (P-2) R-6 RESIDENTIAL SIX ZONE
AREA 5 - FROM AGRICULTURAL ZONE (A-1)
~~~~~~~~~~~~~~~~ Additional TO RESIDENTIAL FOUR ZONE (R-4) AREA 12 -FROM AGRICULTURAL ZONE (A-1) ZONE LIMITS
Lands WITH HOLDING PROUISION 30H TO RESIDENTIAL THREE ZONE (R-3)
Owned by WITH SPECIAL REGULATION PROVISION 452R
Applicant AREA 6 - FROM AGRICULTURAL ZONE (A-1) AND HOLDING PROVISION 30H
4.192 ha. TO RESIDENTIAL SIX ZONE (R-6)
WITH HOLDING PROUISION 30H AREA 13 -FROM AGRICULTURAL ZONE (A-1)
3 ~ TO RESIDENTIAL SIX ZONE (R-6) (/~~J ~
N~ ~ AREA 7 - FROM AGRICULTURAL ZONE (A-1) WITH SPECIAL REGULATION PROVISION 450R \I
~N ~ TO RESIDENTIAL SIX ZONE (R-6) AND HOLDING PROVISION 30H
° ~
r~ ~ WITH SPECIAL USE PROVISION 324U
Z Z AND HOLDING PROVISION 30H
..
N73°04'05"E
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APPROXIMATE LIMITS
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N77°22'15"E 151.174 °~ N77°41'20"~~ B
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1
25 75 REVISIONS: ZONE CHANGE APPLICATION ZC 05/01 /B/BS
MAP N 0 'I o 50 100
SUBDIVISION APPLICATION 30T-05201
R BJ S C H L E G E L LT D. SCALE 1:4000
City of Kitchener CAD FILE:
PART OF LOTS 130-132 G.C.T. ZC0501BBS
DATE: MARCH 23, 2007 DEVELOPMENT AND TECHNICAL SERVICES DEPARTMENT .awg
PROPOSED BY -LAW
March 23, 2007
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as
amended, known as the Zoning By-law for the City
of Kitchener - 970722 Ontario Inc.
- Bleams Road)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Schedule Nos. 28, 29, 30, 49 and 50 of Appendix "A" to By-law Number 85-1
are hereby amended by designating as Residential Three Zone (R-3), with
Holding Provision 30H, Residential Three Zone (R-3} with Special
Regulation Provision 457R and Holding Provision 30H, Residential Three
Zone (R-3) with Special Regulation Provision 403R and Holding Provision
30H, Residential Three Zone (R-3) with Special Regulation Provision 452R
and Holding Provision 30H, Residential Three Zone (R-3) with Special
Regulation Provision 453R and Holding Provision 30H, Residential Four
Zone (R-4) with Holding Provision 30H, Residential Four Zone (R-4) with
Special Regulation Provision 403R and Holding Provision 30H, Residential
Six Zone (R-6) with Holding Provision 30H, Residential Six Zone (R-6) with
Special Use Provision 324U and Holding Provision 30H, Residential Six
Zone (R-6) with Special Use Provision 324U, Special Regulation Provision
450R and Holding Provision 30H, Residential Six Zone (R-6) with Special
Regulation Provision 450R and Holding Provision 30H, Commercial-
Residential One Zone (CR-1) with Special Use Provision 354U, Special
Regulation Provisions 450R and 451 R and Holding Provision 30H, Public
Park Zone (P-1) and Open Space Zone (P-2) instead of Agricultural Zone
(A-1); on lands legally described as Part of Lots 130 to 132, German
Company Tract and municipally known as 2044, 2060 and 2066 Bleams
Road, in the City of Kitchener. These lands are shown on Map No. 1
attached hereto.
2. Schedule Nos. 28, 29, 30, 49 and 50 of Appendix "A" to By-law Number 85-
1 are hereby further amended by incorporating additional zone boundaries
as shown on Map No.1 attached hereto.
3. Appendix "C" to By-law 85-1 is hereby amended by:
a) amending Section 324 to add the legal description "Part of Lots 130 and
132, German Company Tract" and Schedule Numbers "28 and 50".
b) adding new Section 3540 thereto as follows:
"3540. Notwithstanding Section 44.1, within the lands zoned CR-1 as
shown on Schedule 50 of Appendix "A", single detached
dwellings shall be permitted in accordance with the regulations
set out in Section 40.2."
4. Appendix "D" to By-law 85-1 is hereby amended by the following:
a) amending Section 403R to include the legal description, "Part of Lots 130
and 132, German Company Tract", the Schedule Numbers "28, 29, 49
and 50" and the zone category "R-4" where appropriate within the
Section.
b) adding new Section 450 thereto as follows:
"450R. Notwithstanding Section 40.2, within the lands zoned R-6 as
shown on Schedules 28 and 50 of Appendix "A", the following
setbacks from the Bleams Road right-of way [not measured
from landscape buffer block] shall be required for any
residential dwelling that is rear lotted to Bleams Road:
a) west of Nyles Drive,18.5m;
b) between Nyles Drive Street and Isaiah Drive,19.5m; and
c} east of Isaiah Drive,18.5m.
c) adding new Section 451 R thereto as follows:
"451 R. Notwithstanding Section 44.3 of this By-law, within the lands
zoned CR-1 as shown on Schedule 50 of Appendix "A", the
following shall also apply:
a) the maximum setback from Isaiah Drive shall be 6m;
b) convenience retail, day care facility and personal services
may be located in any building;
c} a dwelling unit may be located on the ground floor; and
d) a home business may be permitted up to 40% of the floor
area to a maximum of 75m2 and to have a maximum of 2
non-resident employees provided that there are no more
than 2 customers/clients atone time.
d) adding new Section 452R thereto as follows:
"452R. Notwithstanding Section 37.2 of this By-law, within the lands
zoned R-3 as shown on Schedules 28 and 50 of Appendix "A",
the minimum lot width shall be 33 metres and the minimum lot
area shall be 0.135 hectares."
e) adding new Section 453R thereto as follows:
"453R. Notwithstanding Section 37.2 of this By-law, within the lands
zoned R-3 as shown on Schedule 29 of Appendix "A", the
minimum lot width shall be 12.2 metres."
f~ adding new Section 457R thereto as follows:
"457R. Notwithstanding Section 37.2 of this By-law, within the lands
zoned R-3 as shown on Schedules 28 and 50 of Appendix "A",
the minimum lot width shall be 14.0 metres."
5. Appendix "F" to By-law 85-1 is hereby amended by:
a) adding new Section 30H thereto as follows
"30H. Notwithstanding Sections 37.1, 38.1, 40.1 and 44.1, within the
lands zoned R-3, R-4, R-6 and CR-1 as shown on Schedules
28, 29, 49 and 50 of Appendix "A", residential development
shall not be permitted until such time as:
a) The City of Kitchener and the Regional Municipality of
Waterloo are in receipt of a Record of Site Condition,
prepared in accordance with the Guideline for Use at
Contaminated Sites in Ontario and acknowledged by the
Ministry of the Environment, for this property confirming
that the subject property is suitable for residential use; and
b) The holding symbol affecting these lands has been
removed by By-law.
PASSED at the Council Chambers in the City of Kitchener this
day of , 2007.
Mayor
Clerk