HomeMy WebLinkAboutDTS-07-099 - Plan of Subdivision 30T-04209, ZC 04/28/T/DR, 234 Tilt Drii
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REPORT
Report To: Development and Technical Services Committee
Date of Meeting: June 18, 2007
Submitted By: Jeff Willmer, Director of Planning (741-2325}
Prepared By: Della Ross, Manager of Development Review X741-2327)
Ward~s~ Involved: Ward 4
Date of Report: June 4, 2007
Report No.: DTS-07-099
Subject: Plan of Subdivision 30T-04209
ZC 04128/T/DR
230 Tilt Drive
Barbara Gubler
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EXECUTIVE SUMMARY:
Barbara Gubler is proposing to develop Plan of Subdivision 30T-04209, which is located at 230
Tilt Drive, which is west of Tilt Drive and north of Stauffer. The portion of the property to be
subdivided is 3.640 hectares in size and proposes a maximum of 47 single detached units,
along with an open space block and walkway blocks.
RECOMMENDATION:
A. That Zone Change Application ZC 04/28/T/DR (Barbara Gubler) requesting a change in
zoning from Agricultural Zone (A-1) to Residential Three Zone (R-3), Residential Four Zone
(R-4), Residential Six Zone (R-6), Open Space Zone (P-2) and Hazard Land Zone (P-3) on
lands legally described as Part of Lot 5, Biehn's Tract, in the City of Kitchener, be approved
in the form shown in the attached "Proposed By-law ", dated May 22, 2007, without
conditions.
B. 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 2002-64, grant draft approval to Plan of
Subdivision Application 30T-04209, in the City of Kitchener, for Barbara Gubler, subject to
the following conditions:
1. That this approval applies to Plan of Subdivision 30T-04209 as shown on the plan prepared
by MHBC dated December 15, 2004 and as shown on the attached Plan of Subdivision
prepared by the City of Kitchener dated May 31, 2007, which shows the following:
Stage One
Blocks 1 to 8 -single family residential (maximum 47 units)
Block 9 -open space/surface drainage
Block 10 -walkway
Block 11 -open space
Block 12 -block consolidation
2. CITY OF KITCHENER CONDITIONS:
2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision
Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Barbara Gubler)
regarding the lands shown outlined on the attached Plan of Subdivision dated May 31,
2007 and which shall contain the following special conditions:
Part 2 -Prior to Area Grading
2.11 The SUBDIVIDER agrees to submit, obtain approval of and implement a detailed
"during development" monitoring and response program. The program is to be
approved by the Director of Engineering in consultation with the Director of
Planning, the General Manager of Community Services, the Grand River
Conservation Authority and the Regional Municipality of Waterloo. The purpose
of the "during development "monitoring program is to ensure the stormwater
management facilities satisfy the design criteria specified in the Strasburg Creek
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Master Watershed Plan and to ensure erosion, sedimentation and siltation control
measures are maintained and function as approved. The "during development"
monitoring program is to extend until substantial completion of the development
to the satisfaction of the City's Director of Engineering.
The developer further agrees to implement any remedial action deemed
necessary as a result of the aforementioned monitoring program at their sole
expense to the satisfaction of the Director of Engineering.
2.12 The SUBDIVIDER agrees to submit, obtain approval of, and implement a detailed
"post development" monitoring program. The program is to be approved by the,
Director of Engineering in consultation with the Director of Planning, the General
Manager of Community Services, the Grand River Conservation Authority and
the Regional Municipality of Waterloo. The purpose of the "post development"
monitoring program is to ensure that stormwater management facilities continue
to satisfy the design criteria specified in the Strasburg Creek Master Watershed
Plan and to identify any specific additional maintenance requirements that may
be necessary, including but not limited to erosion, sedimentation and siltation
control measures. The "post development" monitoring program will extend for 24
months from the substantial completion of the development to the satisfaction of
the City's Director of Engineering and coincide with the maintenance guarantee
period required in the City's Standard Form Residential Subdivision Agreement.
The developer further agrees to implement any remedial action deemed
necessary as a result of the aforementioned monitoring program at their sole
expense to the satisfaction of the Director of Engineering.
Part 3 - Prior to Servicing
3.7 The SUBDIVIDER agrees that prior to the CITY'S approval of servicing
drawings for lotless blocks intended for street townhouse dwellings or
single, semi-detached or duplex dwellings, to submit an on street parking
plan in accordance with Council Policy I-1070, and obtain approval of such
reference plan from the CITY'S Director of Engineering Services in
consultation with the City's Director of Planning. The on street parking plan
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 may be considered.
3.16 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 replacement/maintenance, to the
satisfaction of the CITY'S Director of Transportation Planning and KW Hydro.
3.17 The SUBDIVIDER shall prepare a Streetscape Plan for the Secondary Priority
Street, being Forest Creek Drive, to the satisfaction of the CITY'S Director of
Planning, in consultation with the CITY'S Director of Transportation Planning,
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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:
a) Design and construction details with preference to low-maintenance,
sustainable plantings and decorative streetscape elements;
b) Design and construction details for defined pedestrian crosswalks;
c) Design and construction details for traffic calming features;
d) Conceptually identify locations and type of flankage lot streetscape features,
such as decorative fencing and landscaping between the side yard fencing
and:
g) Potential locations of utilities and transit stops.
Any centre medians, traffic calming features and crosswalks shall be installed by
the SUBDIVIDER in accordance with the approved streetscape Plan with the
initial road construction of Forest Creek Drive.
Part 6 -Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Forest Creek Drive to Robert Ferrie Drive
to Doon South Drive to Homer Watson Boulevard only and prohibited from using
any other streets in the community. The SUBDIVIDER agrees to advise all
relevant contractors, builders and other persons of this requirement with the
SUBDIVIDER being responsible for any required signage, all to the satisfaction
of the CITY'S Director of Engineering.
6.11 The SUBDIVIDER agrees that Forest Creek Drive from the south limit of the
subdivision to Robert Ferrie Drive, Robert Ferrie Drive from its existing terminus
at Tilt Drive to South Creek Drive and South Creek Drive from Robert Ferrie
Drive to Stauffer Drive be constructed to City standards and open to public
vehicular traffic to the satisfaction of the City's Director of Engineering prior to
application of building permits.
6.12 The SUBDIVIDER agrees to remove the existing driveway to Tilt Drive and
provide restoration to the area adjacent to the Tilt Drive trail to the satisfaction of
the General Manager of Community Services, at such time as access to Forest
Creek Drive is obtained for the existing dwelling to be retained.
6.13 The SUBDIVIDER agrees that Block 12 shall be consolidated with Block 28 of
Plan of Subdivision 30T-04208 (Hallman Construction Ltd.) and that no building
permit shall be applied for or issued for Block 12 until it is consolidated with the
adjacent lands.
6.14 The SUBDIVIDER agrees that if the existing private water supply is disrupted to
properties located adjacent to the plan, within two years of the completion and
acceptance of underground services for the entire subdivision, as a result of the
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development of the subdivision, it shall provide at its cost a water supply, to the
said properties, to the satisfaction of the CITY's Director of Engineering.
6.15 The SUBDIVIDER agrees to connect the existing residence to municipal services
once services are available on Forest Creek Drive.
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the
following conditions:
1. The City Standard Residential Subdivision Agreement be registered on title.
2. The SUBDIVIDER agrees that this plan shall register concurrently or subsequent to Draft
Plan of Subdivision 30T-04208 Hallman Construction Ltd.).
3. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S
Director of Planning and shall obtain approval therefrom.
4. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any
part of the lands and to pay all outstanding taxes on the lands.
5. The 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.
6. The SUBDIVIDER agrees to show emergency access/secondary access, if required in
accordance with City policy, on the final plans for registration to the satisfaction of the
Director of Planning.
7. The SUBDIVIDER shall install within the subdivision any required geodetic monuments
under the direction of the CITY'S Director of Engineering, with co-ordinate values and
elevations thereon and submit for registration the plans showing the location of the
monuments, their co-ordinate values, elevations and code numbers as prescribed by the
Surveyor General of Ontario.
8. 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.
9. 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.
10. 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:
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(a) to provide copies of the subdivision plan proposed for registration and reference
plan(s) showing the easements to HYDRO, and telephone companies and the
City, to the CITY'S 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 Director of
Engineering Services for municipal services;
(c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/Enhancement Plan;
~d) if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the CITY, the SUBDIVIDER shall obtain prior written
approval from the CITY'S Director of Planning or, in the case of parkland, the
CITY'S General Manager of Community Services; and
fie) to provide to the CITY'S Director of Planning, a clearance letter from each of
HYDRO and telephone companies. Such letter shall state that the respective
utility company has received all required grants of easement, or alternatively, no
easements are required.
10. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the
CITY by the registration of the Plan of Subdivision.
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
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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.
13. The SUBDIVIDER agrees that the streets shall be named as shown on the plan.
14. To expedite the approval for registration, the SUBDIVIDER shall submit to the City's
Director of Planning, 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.
15. The SUBDIVIDER agrees to convey to the City the following lands for the purposes
stated therein, at no cost and free of encumbrance, concurrently with the registration of
the plan of subdivision:
a) Block 11 as Open Space.
16. That prior to registration of each stage, the SUBDIVIDER shall submit a detailed "during
development" monitoring and response program and obtain approval from the City's
Director of Engineering in consultation with the City's Director of Planning, the City's
General Manager of Community Services, the Grand River Conservation Authority and
the Regional Municipality of Waterloo.
17. That prior to the registration of each stage, the SUBDIVIDER agrees to submit a detailed
"post development" monitoring program and obtain approval from City's Director of
Engineering in consultation with the City's Director of Planning, the City's General
Manager of Community Services, the Grand River Conservation Authority and the
Regional Municipality of Waterloo.
18. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales
Agreements that advises:
i. that the home/business mail delivery will be from one or more
designated Centralized Mail Boxes.
ii. that the subdividers be responsible for officially notifying the
purchasers of the exact Centralized Mailbox locations prior to the
closing of any home sales
iii. that the location of all centralized mail receiving facilities shall be
shown on maps, information boards and plans, including maps
displayed in the sales office(s).
19. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to final
approval of the plan, a Detailed Vegetation Plan is to be submitted for approval by the
City's Director of Planning. The Detailed Vegetation Plan shall also show approved
grading. The SUBDIVIDER agrees to implement all of the measures identified in the
approved Detailed Vegetation Plan including delivering all information contained in the
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approved Detailed Vegetation Plan to prospective purchasers to ensure that the
requirements are carried out as specified.
20. The SUBDIVIDER agrees to have all proposed tree and shrub plantings on public rights
of way reviewed and approved by the General Manager of Community Services.
21. The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of
Kitchener, for the area being subdivided in order to satisfy Condition 1.22a) of the
Subdivision Agreement.
22. The SUBDIVIDER agrees to make arrangements with the adjacent subdividers to the
south (30T-04208 Hallman Construction Ltd., and 30T-04204, Doon Creek Ltd.) for the
conveyance of an easement andlor licence to the City in a form satisfactory to the City
Solicitor such that Forest Creek Drive from the south limit of the subdivision to Robert
Ferrie Drive, Robert Ferrie Drive from its existing terminus at Tilt Drive to South Creek
Drive and South Creek Drive from Robert Ferrie Drive to Stauffer Drive will be
constructed as part of the development of the subdivision. Alternatively, the
SUBDIVIDER agrees that this plan not proceed to registration until 30T-04208 has
registered to provide the necessary road and servicing connections.
23. Prior to registration of the first stage, the SUBDIVIDER agrees to provide an easement
to the CITY, for the purpose of providing servicing to adjacent lands, if necessary, to the
satisfaction of the CITY Solicitor and the CITY's Director of Engineering in consultation
with the consulting engineer for the SUBDIVIDER. The CITY agrees to quit claim the
easement when appropriate.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That the Subdivider satisfies the following conditions to the satisfaction of the Regional
Municipality of Waterloo Commissioner of Planning, Housing and Community Services:
1. That the owner agrees to stage the development of this subdivision in a manner
satisfactory to the Regional Commissioner of Planning, Housing and Community
Services.
2. That the plan submitted for final approval may incorporate a lot pattern for all blocks in
which single detached, semi-detached and townhouse lots are permitted, at a density
not exceeding the density identified in the draft approval conditions.
3. That the subdivision agreement be registered by the City of Kitchener against the land to
which it applies and a copy of the registered agreement be forwarded to the Regional
Commissioner of Planning, Housing and Community Services prior to final approval of
the subdivision plan.
4. a) That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any agreement
for the installation of underground services, whichever occurs first. Where the
owner has already entered into an agreement for the installation of underground
servicing with the area municipality, such agreement shall be amended to
provide for a Regional Agreement for Servicing prior to registration of any part of
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the plan. The Regional Commissioner of Transportation and Environmental
Services shall advise prior to an Agreement for Servicing that sufficient water
supplies and wastewater treatment capacity is available for this plan, or the
portion of the plan to be registered.
b) That the owner include the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the
Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or
purchase and sale are not yet registered as a plan of subdivision. The fulfilment
of all conditions of draft plan approval, including the commitment of water supply
and sewage treatment services thereto by the Region and other authorities, has
not yet been completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no representation or
warranty that the lot, lots, block or blocks which are the subject of this agreement
or lease or purchase and sale will have all conditions of draft plan approval
satisfied, including the availability of servicing, until the plan is registered. "
5. That prior to any grading or construction, and final approval of all or any part of the draft
plan of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey
and Rescue Excavation of any significant archaeological remains found on the site, at
the expense of the owner to the satisfaction of the Ministry of Culture. Two ~2) copies of
the completed assessment and Ministry approval/acknowledgement must be forwarded
to the Regional Commissioner of Planning, Housing and Community Services for
clearance of this condition.
6. That units with finished floor elevations less than 305 MASL that exceed municipal and
provincial guidelines for maximum allowable domestic water pressures be equipped with
individual pressure reducing devices.
7. That prior to final approval the developer conduct a survey of all existing private wells,
monitoring wells, and septic systems on the subject property and provide written
confirmation to the Region that all wells have been properly decommissioned according
to 0. Reg. 903 by a licensed well contractor and any septic systems are property
decommissioned.
4. OTHER AGENCY CONDITIONS
1. Prior to any grading or construction on the site and prior to registration of the plan, the
owners or their agents submit the following plans and reports to the satisfaction of the
Grand River Conservation Authority.
a) A detailed storm water management report in accordance with the 2003 Ministry of
the Environment Report entitled "Stormwater Management Planning and Design
Manual" and in keeping with the Preliminary Stormwater Management Report
(December 2004) and Addendum (March 2006), Environmental Implementation Report
(December 2004) and Addendum (March 2006), as well as additional information
provided by MTE Consultants and Ecoplans Limited.
b) A detailed Lot Grading, Servicing and Storm Drainage Plan.
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c) An Erosion and Siltation Control Plan in accordance with the Grand River
Conservation Authority's Guidelines for sediment and erosion control, indicating the
means whereby erosion will be minimized and silt maintained on site throughout all
phases of grading and construction.
d) The submission and approval of a Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Permit from the GRCA prior to the
construction in a wetland and/or grading in a regulated area and/or construction of the
Stormwater Management outlet in a regulated area.
2. Prior to the construction of the sanitary sewer, the owners or their agents will submit a
plan to the satisfaction of the Grand River Conservation Authority detailing the methods
and techniques to be used to stabilize the slopes immediately following the construction
of the sanitary sewer.
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, Housing and Community
Services Conditions 3.1 to 3.7 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 Conditions 2.2.8 and 2.2.9 have been
carried out satisfactorily. The clearance letter should contain a brief statement as to how
the conditions were satisfied.
3. That prior to the signing of the final plan by the City's Director of Planning, the Director
shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.7 and 2.2.9 have been
carried out satisfactorily. The clearance letter 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 Grand River Conservation Authority that Conditions 4.1 and 4.2 have
been carried out satisfactorily. The clearance letter should contain a brief statement as
to how the conditions were satisfied.
6. NOTES
Development Charges
~. The ownerldeveloper is advised that the provisions of the Development Charge By-laws
of the City of Kitchener and the Regional Municipality are applicable.
Registry Act
2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as
amended, under The Registry Act.
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Updated Information
3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Business and Planning Services 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
$50.00 respectively.
Fees
5. The ownerldeveloper is advised that the City of Kitchener and the Regional Municipality
of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O.
1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval,
modification to draft approval and registration release of plans of subdivision.
Approvals 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, is submitted to the Ministry of the
Environment for approval.
stormwater Management
1. 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, is 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, is submitted to the Ministry of the Environment for approval.
Planning Act Applicability
9. This draft plan was received on December 22, 2004 and shall be processed and finally
disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended as of that date.
Regional Servicing Agreement
10. The ownerldeveloper isadvised that draft approval is not a commitment by The Regional
Municipality of Waterloo to water and wastewater servicing capacity. To secure this
commitment the owner/developer must enter into an "Agreement for Servicing" with The
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Regional Municipality of Waterloo by requesting that the Region's Planning and Culture
Department initiate preparation of the agreement. When sufficient capacity is confirmed
by the Region's Commissioner of Engineering to service the density as defined by the
plan to be registered, the owner/developer will be offered an "Agreement for Servicing".
This agreement will be time limited, define the servicing commitment by density and use.
Should the "Agreement for Servicing" expire prior to plan registration, a new agreement
will be required.
The owner/developer is to provide the Regional Municipality of Waterloo with two print
copies of the proposed plan to be registered along with the written request for a
servicing agreement.
Registration Release
11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning
and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner
to ensure that all fees have been paid, that all Regional conditions have been satisfied
and the required clearance letters, agreements, prints of plan to be registered, and any
other required information or approvals have been deposited with the Regional Planner
responsible for the file, no later than December 15th. Regional staff can not ensure that
a Regional Release would be issued prior to year end where the owner has failed to
submit the appropriate documentation by this date.
Final Plans -Subdivision
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 of the CITY's Director of
Planning will be endorsed on the plan and it will be forwarded to the Registry Office for
registration.
The following is required for registration and under The Registry Act and for our use:
One (1) original mylar
Four (4) mylar copies
Four (4) white paper prints
REPORT:
Description
Barbara Gubler is proposing to develop Plan of Subdivision 30T-04209, which is located west of
Tilt Drive and north of proposed plan of subdivision 30T-04208 (Hallman Construction Ltd.).
The subject property is 3.640 hectares in size and a maximum of 47 single detached dwellings,
as well as open space amenities is proposed.
Zoning
A Zone Change Application is required to change the zoning on the property from Agricultural Zone
(A-1) to Residential Three Zone (R-3) Residential Four Zone (R-4) to permit single and semi
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detached dwelling, Open Space Zone (P-2) to permit the proposed park areas and Hazard Land
Zone (P-3) on the natural areas.
nffi~ial Plan
The subject lands are designated as Low Rise Residential. The proposed plan conforms to the
Official Plan policies.
Community Plan
The subject lands are designated Low Density Residential and Open Space in the Doon South
Community Plan. The proposed plan conforms to the Community Plan
Provincial Policy Statement and Places to Grow
The applications were submitted prior to the 2005 Provincial Policy Statement and the
recommendations of this report have regard to the 1997 Provincial Policy Statement. This plan
was submitted prior to the 2006 Growth Plan forthe Greater Golden Horseshoe. This arealplan
is designated Greenfield in the Places to Grow Plan, which sets a density target of 50 persons
and jobs per hectare. This density target is intended to be achieved on a Region wide basis so
that some developments may be below the density target and some may exceed it.
Stormwater Management
Stormwater Management will be accommodated in the stormwater management facility located
in the adjacent plan of subdivision (30T-04208, Hallman Construction Ltd.) to the south. This
pond has been constructed and is within the Strasburg Creek watershed. The developer is
responsible to provide confirmation to the City that the pond is operational to city standards prior
to registration.
Sanitarv/Water Servicing
All lots will be serviced with gravity sanitary drainage and municipal water servicing in
accordance with City of Kitchener standards. The services are to be extended from Evenstone
Avenue located to the north and west of the subject plan, through Block 40 of adjacent Plan of
Subdivision 30T-04208 (Hallman Construction Ltd.).
Parks/ Open Space and Community Trails
Parkland Dedication is satisfied through the conveyance of scenic road dedications and open
space dedication in the adjacent plan 30T-04208 (Hallman Construction Ltd.). Plan of
Subdivision 30T-04208, to the south of this plan, is not required to provide parkland dedication
through a previous agreement with the City of Kitchener. However, blocks for parkland
dedication have been provided which will be applied to the parkland dedication requirements for
this plan.
Environmental Monitoring
A monitoring program is required in both the Doon South Subwatershed Plan and the
Greenspace Management Plan (Doon South Community Plan). The purpose of the monitoring
program is to aid in determining whether the objectives of the Subwatershed Management Plan
are being achieved until the system has stabilized. Conditions have been incorporated into the
draft approval which require submission of a monitoring and response program detailing "during
development" and "post development" timelines. The program is required prior to registration to
the satisfaction of the City of Kitchener, in consultation with the Grand River Conservation
Authority and the Regional Municipality of Waterloo. There will also be requirements included in
the City of Kitchener subdivision agreement for the developer to implement the monitoring and
response program.
13
Comments from Neighbourhood Circulation
Three comments were received from the neighbourhood circulation. The issues raised are
summarized below with staff comments.
Impact on Wildlife - This is a common concern among residents adjacent to new
developments. City staff always ensure that as many natural linkages as possible are
maintained in order to permit wildlife to travel in their natural environment. It is acknowledged
that new development does result in the movement of some animals, but that the animals do
adjust to new habitats relatively easily.
Impact on Rural Roads - It is noted that several roads in this area, including Stauffer Drive and
Groh Drive adjacent to this plan, are to be closed and converted to scenic trails once
appropriate connecting roads are extended through the community.
Increased Garbage -This is a behavioural issue which can be helped with public education.
City staff do provide clean up of garbage on all city roads as necessary.
Concerns about well water quality -While City staff do not anticipate any impact on adjacent
private wells, a standard condition of draft approval has been included that requires the
developer to be responsible for rectifying any problems that may occur over an extended time
period.
Surface Water Run off -The stormwater management plan ensures that all surface drainage is
managed within the plan limits and the there should be no impact on adjacent properties.
Neighbourhood Parks - In this area, significant environmental areas have been conveyed to
the City without compensation to the developer. The plan of subdivision to the south of this plan
~30T-04204) does provide several neighbourhood parks which would be within walking distance
to the new and existing area residents. As well, there is a school and city park being proposed
in the Apple Ridge/Tilt Drive area which will assist is accommodating the neighbourhood's
requirements for parkland/play areas.
Tree Retention and Ownership along Common Property Lines -This will be determined
through survey work done through the Detailed Vegetation Plan that the developer is required to
complete.
The need for a pedestrian access to Evenstone Avenue for students - A pedestrian
access to Evenstone Avenue will be provided.
The need for a road access to Brigadoon community -Road access will be provided to
Brigadoon through the extension of Robert Ferrie Drive in a future subdivision.
14
Requirement for TrailslOpen Space - An appropriate proposed trail network has been
established to the satisfaction of the City of Kitchener community services department. These
are shown on the plan.
FINANCIAL IMPLICATIONS:
There will be immediate and ongoing Operations costs for the maintenance of the open space,
parkland, services, streets, walkways and underground services. In the long term, there will be
repair and replacement costs for all of the foregoing engineering services.
COMMUNICATION:
Agency and Department Circulation
This plan was circulated to all required agencies and city departments. The comments received
have either been addressed or are included as conditions of draft approval.
Neighbourhood Circulation
The plan was circulated to all property owners within 120 metres of the subject lands as per
Planning Act requirements and will be advertised in the Kitchener Waterloo Record on May 25,
2007. In accordance with Council policy notice of the public meeting was provided by letter and
the report was made available to all property owners within 120 metres as it has been more
than a year since the initial circulation.
CONCLUSION:
City staff recommend that Plan of Subdivision 30T-04209 and Zone Change Application ZC
04/28/T/DR be approved.
Della Ross, M.A., MCIP, RPP
Manager of Development Review
Atta~hmPnts
Plan of Subdivision 30T-04209
Proposed Zoning By-law (ZC 04/28/T/DR)
Newspaper Advertisement
Appendix A -Department/Agency Comments
Appendix B -Neighbourhood Comments
Jeff Willmer, MCIP, RPP
Director of Planning
15
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PROPOSED BY-LAW
May 22, 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 -Barbara Gubler - 230Ti1t Drive)
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. 203 and 212 of Appendix "A" to By-law Number 85-1 are
hereby amended by designating as Residential Three Zone (R-3),
Residential Three Zone (R-3) with Special Regulation Provision 464,
Residential Four Zone (R-4), Residential Six Zone (R-6), Open Space
Zone (P-2), and Hazard Lands Zone (P-3) instead of Agricultural (A-1) on
lands legally described as Part of Lot 5, Biehn's Tract, and municipally
known as 230 Tilt Drive, in the City of Kitchener. These lands are shown
on Map No. 1 attached hereto.
2. Schedule Nos. 203 and 212 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 "D" to By-law 85-1 is hereby amended by adding Section 464
thereto as follows:
"464. Notwithstanding Section 37.2 of this By-law, within the lands
zoned R-3 as shown on Schedule Nos. 219 and 220 of
Appendix "A", the minimum lot width shall be 12 metres and
the minimum lot area shall be 360 square metres."
4. This By-law shall be deemed to have come into force on the date of
passing thereof.
PASSED at the Council Chambers in the City of Kitchener this
day of , 2007.
Mayor
Clerk
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