HomeMy WebLinkAboutDTS-07-005 - Draft Plan of Subdivision 30T-05205 & ZC 05/19/B/BS etc - 1904 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 X519-741-2325}
Prepared By: Brandon Sloan, Senior Planner X519-741-2648)
Ward(s) Involved: South Ward
Date of Report: March 26, 2007
Report No.: DTS-07-005
Subject: DRAFT PLAN OF SUBDIVISION APPLICATION 30T-05205
ZONE CHANGEAPPLICATION ZC 05/19/BIBS
LAURENTIAN WEST COMMUNITY PLAN AMENDMENT
DEMOLITION CONTROL APPLICATION DC 06112/B/BS
1904 BLEAMS ROAD
T.A.L.M. HOLDINGS INC.
RECOMMENDATION:
That the recommendations for the Draft Plan of
Subdivision 30T-05205, Laurentian West
Community Plan Amendment, Demolition
Control Application DC 06/12/B/BS and Zone
Change Application ZC 05/19/B/BS as
contained in Appendix "A" to report DTS-07-
005, be approved.
EXECUTIVE SUMMARY:
The applicant has submitted draft plan of
subdivision and zone change applications for a
residential subdivision on approximately 1.15
hectares of land to the north of 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 maximum of 27 single/semi
detached units.
BACKGROUND:
The development applications were submitted in 2005 by MHBC Planning and are linked
with the adjacent land to the northwest Eby Estates, 30T-05201) in terms of servicing
and road connections. The subject lands are currently occupied by one single-detached
dwelling.
REPORT:
City of Kitchener Municipal Plan
The subject lands are designated Low Rise Residential in the City's Municipal Plan. The
proposed plan of subdivision and zone change applications for aloes-rise residential
development conform to the existing Municipal Plan policies.
Laurentian West Community Plan
The subject lands are located within the Laurentian West area on the southwest side of
the City. The Laurentian West community is bordered by Fischer-Hallman Road,
Conestoga Parkway (Highway 7/8), Trussler Road and Bleams Road. The lands are
located in Phase 3 on the land use map and these lands currently do not have any land
use designation assigned. The Community Plan does provide unit and population
estimates for Phase 3. According to approximate population density expectations, 1,877
units and 6,348 people are expected to be located in Phase 3 of the Laurentian West
community.
A Community Plan Amendment is required for these lands to be provided a land use
designation. The proposed land use designation is "Low Density Residential". According
to the Community Plan, Low Density Residential permits singles, semis, duplexes and
street townhouses at a maximum net residential density of 25 units per hectare. The
actual amendment to the Community Plan is being done concurrently with the
amendments required for the adjacent plan of subdivision 30T-05201 (970722 Ontario
Inc.} and other "housekeeping" amendments and is contained within DTS Report 07-004.
Subdivision Design
The proposed subdivision is a simple road layout with one street that will connect the
lands to a new collector street within the adjacent plan of subdivision. The applicant
proposes to develop the subdivision in one stage with the intended dwelling type to be
single detached; however the zoning would allow for semi detached and townhouse
dwellings as well. Street and servicing construction will have to be coordinated with the
development of the adjacent subdivision. A landscape buffer block is proposed to
provide screening of any physical noise attenuation that may be required along Bleams
Road. Although passive noise mitigation techniques are preferred when dealing with
arterial streets, in this instance the subdivision generally satisfies the existing
Neighbourhood Design Guidelines within the City's Urban Design Manual.
Zoning
The current zoning of the subject lands is Agricultural Zone (A-1). To implement the draft
plan of subdivision, the proposed zoning would include the following:
• Residential Four Zone (R-4) -this would permit single detached/duplex dwellings on
lots with minimum 9.Om wide frontages and would allow for semi-detached dwellings;
• Residential Six Zone (R-6} -this would permit single detachedlduplex dwellings on
lots with minimum 9.Om wide lots, semi-detached dwellings, townhouse and multiple
dwellings up to 3 storeys in height adjacent to Bleams Road;
• A special regulation provision is proposed to address the recommended noise
setback for lands adjacent to Bleams Road.
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The residential 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.
Parkland
The parkland dedication for the plan of subdivision will be satisfied through cash-in-lieu
of parkland. The adjacent Eby Estates subdivision will provide a neighbourhood park
that is within easy walking distance for future residents of the subject development.
Environment
The subject property is of relatively small size (approximately 1.15 hectares} and has
three culturally impacted vegetation communities with similar physical characteristics.
The first community is a cultural thicket, which is comprised primarily of young Poplar,
White Elm and Basswood species with a shrub understory located in the east corner of
the subject property; this community also includes a garden and manicured landscape
associated with the existing dwelling. The second community is a cultural woodland with
a wet depression located on the mid portion of the subject property extending to the to
westerly property limit the species composition is primarily Crack Willow in poor to fair
condition. The third community is a cultural hedgerow dominated by Sugar Maple, Black
Cherry and Green Ash located in northwest corner of the property. This community also
contains a single Butternut tree, which is an endangered but non-regulated species in
Ontario.
There are no provincial, regional, or local natural heritage designations on, or
immediately adjacent to, the subject property. The singular Butternut species noted on
the subject property is Provincially endangered but not regulated, which means that the
species is facing imminent extinction or extirpation in Ontario, and is a candidate for
future regulation under Ontario's Endangered Species Act. If a species is identified, as
endangered and regulated no person will kill injure or interfere with the species or
attempt to destroy the species habitat (Endangered Species Act R.S.O. 1990, Chapter
E.15 Amended 1997). In this instance, Butternut is endangered and will probably face
extinction, therefore it is in the best interest of the City to explore the viability of retaining
and moving this specimen into a city owned property. Further investigation should be
undertaken to determine if this tree is disease free and a good candidate for
transplanting in order to allow it to reach seed bearing age and provide new Butternut
growth in a protected location free from development pressures. One opportunity that
should be explored is the possibility of transplanting the tree to the planned
neighbourhood park on the adjacent Eby Estate plan of subdivision.
A General Vegetation Overview (GVO) and Preliminary Detailed Vegetation Plan (DVP)
Report: Vulcanescu Property 1904 Bleams Rd City of Kitchener (Ecoplans Limited,
September 2005) has been reviewed for this plan. The standard Detailed Vegetation
Plan condition is recommended.
Heritage
There are no resources of any cultural heritage value associated with this property.
Engineering (Services, Stormwater Management, etc)
Stormwater management will be directed to the SWM facility proposed in the adjacent
Eby Estate subdivision (30T-05201) and sanitary servicing will be provided through the
adjacent subdivision. It has been identified that the lots within this subdivision should be
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able to be serviced by the current water pressure zone until the new Pressure Zone 6 is
operational.
Traffic
No transportation planning issues with the proposed plan. An on-street parking plan will
be required as a condition of approval. Provided there is some mixture of lot widths and
given the small scale of this particular development there should not be any significant
issues. Depending on the ultimate development of the blocks at the entry to the Eby
Estate subdivision there may be some demand for visitor parking on Isaiah Crescent.
Emergency Access
If this development proceeds prior to Stage 2 of the adjacent Eby Estates subdivision, a
temporary turning circle will be required or other suitable measures to ensure that the
subdivision would comply with the City's Emergency Access Policy.
Community Input
In response to the preliminary circulation of the draft plan of subdivision and zone
change applications, staff received no written responses.
Agency Comments
Any issues/requirements have been addressed or are included as conditions of
approval.
FINANCIAL IMPLICATIONS:
No new or additional Capital Budget requests are associated with this recommendation.
Upon registration, there will be immediate and ongoing Operations costs for the streets,
walkways, entrance feature and underground services. In the long term, there will be
repair and replacement costs for streets, walkways and services.
Street Length (consider roadway, services, sidewalk): approx. 134 m (18m ROVE
Landscape Buffer Block Size: approx. 0.03 ha
Lighting/Street Signs: To be determined if decorative.
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 February 20, 2006. Notice signs were placed on the
subject site advising of the applications. In response to the February 2006 circulation of
the draft plan and zone change applications staff received no letters from the
community.
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.
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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 issues
identified through the preliminary circulation have been addressed and as necessary,
included as conditions of approval. The lands are identified in the Staging of
Development Report for consideration of draft approval in 2006, 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, staff
recommend that the applications be approved.
Brandon Sloan, MCIP, RPP
Senior Planner
AttarhmPntc•
Jeff Willmer, MCIP, RPP
Director of Planning
Appendix "A" -Recommendations for DTS-07-005
Plan of Subdivision 30T-05205
Proposed By-law and Map No. 1
Map "A" - Onpoint Enterprises Air Photo
Newspaper Advertisement
Appendix B -Circulation Letter and DepartmentlAgency Comments
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APPENDIX "A"
RECOMMENDATIONS
A. That Zone Change Application ZC 05/19/B/BS requesting a change in zoning to
Residential Four Zone (R-4) with Holding Provision 30H and Residential Six Zone
(R-6) with Special Regulation Provision 450R and Holding Provision 30H instead of
Agricultural Zone (A-1), on lands legally described as Part of Lot 132 German
Company Tract, Part 1 Registered Plan 58R-10341 and municipally known as 1904
Bleams Road, in the City of Kitchener, be approved in the form shown in the
attached "Proposed By-law", dated March 26, 2007, without conditions.
B. That Demolition Control application DC 06/12/B/BS requesting the demolition of
one residential dwelling in order to develop a new subdivision on lands legally
described as Part of Lot 132, German Company Tract, and formerly municipally
known as 1904 Bleams Road, in the City of Kitchener, as shown on Map "B"
attached to report DTS 07-005, 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 obtains at least one building permit for the proposed
development. That in the event that a permit for the new dwelling has 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
dwelling is issued.
C. That a temporary exemption from the Emergency Access Council Policy I-1035 be
allowed for Plan of Subdivision 30T-05205 (TALM Holdings Inc.), to allow a
temporary cul-de-sac of 170m in length, until such time as Stage 2 of the adjacent
Plan of Subdivision 30T-05201 registers. Should the Subdivider make
arrangements for temporary emergency access over the adjacent Subdivision 30T-
05201 than this temporary exemption shall be void.
D. That the City of Kitchener, pursuant to Section 51. (31) of the Planning Act R.S.O.
1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft
approval to Plan of Subdivision Application 30T-05205, in the City of Kitchener, for
T.A.L.M. Holdings Inc., subject to the following conditions:
1. That this approval applies to Plan of Subdivision 30T-05205 for T.A.L.M. Holdings
Inc. as shown on the plan prepared by MHBC Planning Ltd. dated February 10,
2005, as revised, and as shown on the attached Plan of Subdivision prepared by
the City of Kitchener dated March 23, 2007, which shows the following:
Stage 1 - 27 units
Blocks 1-3 -single/semi detached 17 units
Block 4 -future single detached development 3 units
Block 5 -future single detached development 7 units
Block 6 -open space/landscape buffer
Block 7 -road widening
Block 8 -0.3m reserve
Total - 27 units
2. CITY OF KITCHENER CONDITIONS:
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,
2007, which shall contain the following special conditions:
Section 2 Priorto Grading
2.11 The SUBDIVIDER shall prepare and 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
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 The SUBDIVIDER shall obtain a demolition permit for the existing
buildings on lands legally described as Part of Lot 132, German Company
Tract, and municipally known as 1904 Bleams Road, from the CITY'S Chief
Building Official.
2.13 The SUBDIVIDER agrees that the final approved area grading plan shall
also include a landscaped noise attenuation earthen berm located on
Block 6 and the southerly portion of Block 1. The design of which shall be
certified by a qualified Acoustical Engineer, to the satisfaction of the
CITY'S Director of Engineering Services, in consultation with the Region
of Waterloo. The noise attenuation berm shall be in accordance with the
recommendations outlined in the noise analysis prepared by HGC
Engineering Limited dated November 21, 2006 for the adjacent plan of
subdivision 30T-05201 and in the HGC Engineering Limited letter dated
December 7, 2006. The top of the berm shall be approximately 1.5
metres above the elevation of Bleams Road.
Section 3 Priorto Servicing
3.17 The SUBDIVIDER agrees that the development of the subdivision may
occur concurrently with or at any time subsequent to the registration of
Stage 1 within the adjacent plan of subdivision 30T-05201 (970722
Ontario Inc.) provided a temporary turning circle is provided within the
subject plan of subdivision or an easement for access/servicing is
obtained over Stage 2 of Subdivision 30T-05201 and provided that
clearance is given from the Region of Waterloo that Water Pressure Zone
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6 is operational and/or prior to Pressure Zone 6 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
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, and/or 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 do not conflict
with preliminary driveway locations and potential locations for utilities,
hydrants or community mail box facilities to the satisfaction of the CITY'S
Director of Engineering Services. In particular:
a) 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.
b) 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 insuring that these separations are
maintained.
c) The location of concrete pads for the placement of the Community
Mail Boxes shall be approved by Canada Post and shall be shown on
the servicing drawings. Said pads are to be poured at the time of curb
and/or sidewalk installation within each stage of the plan of
subdivision. Should temporary locations be required, the
SUBDIVIDER shall work with Canada Post to determine and provide
suitable locations until the curbs, boulevards and sidewalks are in
place in the remainder of the subdivision.
Further, the SUBDIVIDER shall identify the necessary valves and
appurtenances to facilitate the transition to the final water pressure zone
on the engineering servicing drawings to the satisfaction of the CITY'S
Director of Engineering Services in consultation with the Regional
Municipality of Waterloo. The SUBDIVIDER shall be responsible for the
installation of said facilities.
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3.21 The SUBDIVIDER agrees that the Lotting Plan shall have a mixture of lot
widths for lotless blocks whereby there shall be no more than 8 of the
same consecutive lot widths.
3.22 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. 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 the following warning clauses shall be
inserted in all agreements of purchase and sale, andlor rental
agreements, for Block 1 and lots on Block 2 within 18.5 metres of the
Bleams Road right-of-way.:
"Warning.
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
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 ~, 207 and at
which times may generate noise levels which are audible."
6.12 The SUBDIVIDER agrees that no building permit shall be applied for or
issued for Block 1 and lots on Block 2 within 18.5 metres of the Bleams
Road right-of-way 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.
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6.13 The SUBDIVIDER agrees that no building permit shall be applied for or
issued for the lands utilized for the temporary turning bulb on Block 4 until
said turning bulb is no longer required as determined by the CITY'S
Director of Engineering Services.
6.14 That prior to occupancy of the first dwelling unit, or in the event of winter
conditions shall be completed by June 1 immediately following the first
occupancy, the SUBDIVIDER agrees to implement the approved
Landscape Plan for the berm (Block 6) to satisfaction of CITY'S General
Manager of Community Services.
6.15 The SUBDIVIDER shall include a statement(s) in all Offers of Purchase and
Sales Agreements, and/or rental agreements, that 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).
6.16 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].
6.17 The SUBDIVIDER agrees that no building permit shall be applied for or
issued for Blocks 4 and 5, or portions thereof, until said block has/have
been consolidated with the appropriate block(s) in the adjacent Plan of
Subdivision 30T-05201 (970722 Ontario Inc.).
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.
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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 andlor 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 andlor 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.
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9. The SUBDIVIDER shall dedicate all roads, road widenings 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, Block 8 for 0.3m reserve and Block 6 for landscape buffer
(backlotted arterial) purposes. Further, the SUBDIVIDER shall make
arrangements for the granting of an easement over Block 6 in favour of the
Regional Municipality of Waterloo for maintenance access to the require
noise attenuation berm.
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 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 forviewing; 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 satisfy the total 5% parkland dedication for the
entire subdivision, which dedication is 0.0575 hectares, by a cash-in-lieu
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contribution for 5% of the value of all of the lands within the subdivision,
with the value of the land determined as of the day before the day of draft
approval.
13. The SUBDIVIDER shall prepare and receive approval of a Landscape Plan
for the noise attenuation berm facing Bleams Road (Block 6), 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. 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 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.
15. 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. Appropriate
consideration shall be given to reduce conflicts between street trees and
utilities.
16. 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
plans}, have been satisfied.
17. The SUBDIVIDER agrees that the subdivision may register concurrently
with or at any time subsequent to the registration of Stage 1 of the adjacent
plan of subdivision 30T-05201 (970722 Ontario Inc) provided that
arrangements are made for a temporary turning circle or for an access
easement over Stage 2 of Plan of Subdivision 30T-05201 along with
construction of said access and 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.
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.
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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;
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, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of
lease or purchase and sale are not yet registered as a plan of subdivision.
The 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, the SUBDIVIDER shall submit a final lot grading
and drainage plan to the Region of Waterloo identifying the final
elevations. If lands exceed 381.0 MASL, the subdivision plan must be
modified to exclude those lands from the first stage of development 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 SUBDIVIDER 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 any lots/blocks that do not exceed 381
MASL:
9
"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. Once the new pressure zone is
installed the purchaser may experience an increase in pressure of
approximately 70 kpa (~0 psi)."
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.
7. The SUBDIVIDER shall enter into a maintenance agreement with the
Regional Municipality of Waterloo to include the following maintenance
clause for Block 1:
"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. The CI TY shall permit entry of the Region
over Block 6 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."
8. That prior to final approval, the SUBDIVIDER shall prepare a Boulevard
Restoration Plan for Bleams Road, 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
10. That prior to final approval, the SUBDIVIDER shall update the infiltration
monitoring and contingency plan prepared for Subdivision 3~T-05201 and
submit to the Region of Waterloo to demonstrate that acceptable
infiltration levels are being achieved.
11. That prior to final approval, 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.
4. OTHER AGENCY CONDITIONS
None
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 Conditions1-11 have been carried out to the
satisfaction of the Regional Municipality of Waterloo. The clearance letter
from the Region shall include a brief statement detailing how each
condition has been satisfied.
2. That prior to the signing of the final plan by the City's 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.
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
11
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.
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.
12
Planning Act Applicability
9. This draft plan was received on or after January 2006 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 ownerldevelopertyill be offered
an "Agreement for Servicing". This agreement will be time limited, define
the servicing commitment by density and use. Should the "Agreement for
Servicing" expire prior to plan registration, a new agreement will be
required.
The owner/developer is to provide the Regional Municipality of Waterloo
with two print copies of the proposed plan to be registered along with the
written request for a servicing agreement.
Registration Release
11. To ensure that a City or Regional Release is issued by the City's 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.
Final Plans
12. When the survey has been completed and the final plan prepared to
satisfy the requirements of the Registry Act, they should be forwarded to
the City of Kitchener. If the plans comply with the terms of approval, and
we have received an assurance from the Regional Municipality of
Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the signature will be endorsed on the
plan and it will be forwarded to the Registry Office for registration. The
following is required for registration under The Registry Act and for our
use:
One (1) original mylar
Four (4) mylar copies
Four (4) white paper prints
13
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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 - T.A.L.M. Holdings 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. 49 and 50 of Appendix "A" to By-law Number 85-1 are
hereby amended by designating as Residential Four Zone (R-4) with
Holding Provision 30H and Residential Six Zone (R-6) with Special
Regulation Provision 450R and Holding Provision 30H, instead of
Agricultural Zone (A-1), the parcel of land described as Part of Lot 132
German Company Tract, being Part 1, Registered Plan 58R-10341 and
municipally known as 1904 Bleams Road, in the City of Kitchener. These
lands are shown on Map No.1 attached hereto.
2. Schedule Nos. 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 "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