HomeMy WebLinkAboutDTS-07-143 - Major Modification to Draft Plan of Subdivision - 30T-03201REPORT
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s~ Involved:
Date of Report:
Report No.:
Subject:
Mayor and Members of Council
August 26, 2007
Jeff Willmer, Director of Planning (741-2325)
Brian Bateman, Planner (741-2869)
Ward 2
August 22, 2007
DTS-07-143 (addendum to DTS-07-117)
Major Modification to Draft Plan of Subdivision, 30T-03201
Valley View Heights (St. Jacobs) Ltd.
Fairway Rd./Morrison Rd./Waterbend Cres.
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EXECUTIVE SUMMARY
Valley View Heights ~St. Jacobs) Limited has submitted a modification request to add a
0.2 hectare parcel of land legally described as Block 71, 58M-387 into the plan boundary
of 30T-03201. Block 71 is a "Future Development" block that forms part of Plan 30T-
00205 (now registered as 58M-387 & 388) and is located on the west side of Waterbend
Crescent at the terminus of proposed Beaumont Street in Plan 30T-03201.
DTS-07-143 (addendum to DTS-07-117) 2
Condition 4.24 of the Subdivision Agreement for Plan 58M-387 and 58M-388 requires
that Block 71 be consolidated with Plan 30T-03201. The purpose of consolidating Block
71 was to accommodate the Beaumont Street connection with Waterbend Crescent.
However, through the circulation, the Planning Department received a lot of public
opposition, particularly from residents of Waterbend Crescent, who would be directly
affected by the road connection. At the public meeting held on August 13, 2007, the
resident's stated they were not in favour of a road extension but rather a walkway. As a
result, Development and Technical Services Committee recommended "deferral" to the
Council meeting of August 26, 2007 in order to give the developer the opportunity to
incorporate a walkway into the draft plan. The Committee also asked staff to review the
possibility of an enhanced walkway incorporating landscaping and decorative lighting, at
the residence's request.
Since the August 13t" public meeting, Valley View Heights has revised the plan so that
the road connection is no longer required. Instead a 7.5 metre wide straight walkway
connecting Beaumont Crescent with Waterbend Crescent has been incorporated, as
shown on the attached draft plan. Although Planning staff would prefer that the road
connection remain as originally planned, staff are satisfied that the walkway meets the
intent of the Urban Design Guidelines policy regarding "connectivity".
The modified plan was circulated to departments, agencies and all property owners
within 120 metres.
RECOMMENDATION
A. That the request made by Valley View Heights (St. Jacobs} Limited to modify
Subdivision Draft Plan 30T-03201 to add a 0.2 hectare parcel of land, legally
described as Block 71, 58M-387, to the plan boundary, be approved, in the form
shown on attached Plan of Subdivision, revised August 21, 2007.
B. Pursuant to Section 51(44} of the Planning Act, R.S.O. 1990, and By-law No.
2002-164, as amended, of the City of Kitchener, Council hereby modifies the
conditions of draft approval for Plan of Subdivision 30T-03201 for Valley View
Heights ~St. Jacobs} Limited in the City of Kitchener, to revise the plan and text,
so that the conditions of draft approval read as follows (asterisklitalics/bold
indicates revised conditions}:
*1. That this approval applies to Plan of Subdivision 30T-03201 (plan prepared
by MacKinnon & Associates) as shown on the attached Plan of Subdivision
prepared by the City of Kitchener revise dated August 21, 2007 which
shows the following:
Stage 1 - 107 to 115 units
Lots 1-72, 89- 91 -single detached (75 units)
Lots 73-88 -semi detached (16 units)
Block 92 -multiple residential (16-24 units)
Block 93 -future lot addition
Block 94 -neighbourhood park
Blocks 95-96 -public walkways
Blocks 97-99 - 0.3m reserves
Block 100 -entry feature
DTS-07-143 (addendum to DTS-07-117) 3
Stage 2 - 92-100 units
Lots 1-41, 72, 73 -single detached (43 units)
Lots 42-71 -semi detached (30 units)
Blocks 74, 75 -single/semi/street townhomes (19-27 units)
Blocks 76 -walkway
Block 77 -road widening
Total -max 2031 to 219 units
2. CITY OF KITCHENER CONDITIONS:
*2.1. That the Mayor and Clerk be authorized to sign a City Standard Residential
Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER
Walley View Heights St. Jacobs Limited) regarding the lands shown outlined on
the attached Plan of Subdivision revised August 2~, 2007 and which shall contain
the following special conditions:
Section 3 Prior to Servicing
3.16 The SUBDIVIDER agrees that the development of the subdivision may
proceed in two (2) stages, as follows:
a} Stage 1 first; and
b) Stage 2 concurrently with or after Stage 1.
3.17 The SUBDIVIDER shall make satisfactory financial arrangements with the
Director of Engineering for the construction of a 1.5 metre wide concrete
sidewalk along the property's frontage on the north side of "proposed Sims
Estate Drive".
3.18 The SUBDIVIDER shall make arrangements to upgrade "proposed Sims
Estate Drive" to municipal standards including a bike lane, if feasible) to
the satisfaction of the CITY's Director of Engineering and CITY'S Director
of Transportation Planning.
3.19 That Prior to servicing or registration, whichever comes first, the
SUBDIVIDER shall prepare a final Storm Water Management Report
assessing the feasibility of a combined storm water management facility
on the adjacent lands, described as Block 72, Registered Plan 58M-387
and Lots 1 to 8 on Registered Plan 58M-388 to service the subject and
adjacent lands to the satisfaction of the City's Director of Engineering
Services. Prior to the approval of the Storm Water Management Report
and prior to servicing or registration of Draft Plan 30T-03201 whichever
comes first, the SUBDIVIDER shall register an Inhibiting Order on title to
the adjacent lands, described as Lots 1 to 8 on Registered Plan 58M-388
prohibiting the use or other dealing with the lands except as a storm water
management facility to be shared with Plan 30T-03201. Upon approval of
the final Stormwater Management Report and prior to servicing or
registration of the Plan, whichever comes first, the SUBDIVIDER shall
DTS-07-143 (addendum to DTS-07-117) 4
convey the lands of the proposed combined storm water management
facility, being Lots 1 to 8 on Plan, 58M-388, free of encumbrance.
In the event the final Storm Water Management Report concludes that a
combined storm water management facility for the subject lands and the
adjacent lands is not feasible, the SUBDIVIDER shall prepare a Storm
Water Management analysis (size, location, function, depth etc.} for the
provision of storm water management facilities on the subject lands (30T-
03201) tothe satisfaction of the City's Director of Engineering Services,
prior to servicing or registration, whichever comes first. In this instance,
the SUBDIVIDER shall submit and receive approval of a modification to
the subject lands (30T-03201) to amend the plan accordingly to the
satisfaction of the City prior to servicing or registration, whichever comes
first.
3.20 The SUBDIVIDER shall confirm that the servicing drawings:
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 or
hydro pole or where the wheels of a vehicle would pass over any part
of a submersible transformer vault.
c) No sewer or water service will be installed within 1.5m of the centre of
proposed submersible transformer vault or within 0.9m of a proposed
electrical service stub and that no fire hydrant will be installed within
3.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.
Further, the SUBDIVIDER shall identify the necessary valves and
appurtenances to facilitate the transition to the final water pressure zone
on the engineering servicing drawings to the satisfaction of the CITY'S
Director of Engineering Services in consultation with the Regional
Municipality of Waterloo. The SUBDIVIDER shall be responsible for the
installation of said facilities.
*3.21 The SUBDIVIDER shall prepare a Plan showing crosswalk details at the
easterly intersection of Beaumont Street and Beaumont Crescent and
crossings of Beaumont Street to Walkway Blocks 76 (Stage 2) and 95
and 96 (Stage 1), to the satisfaction of the CITY'S Manager of
DTS-07-143 (addendum to DTS-07-117) 5
Development Review in consultation with the CITY'S Director of
Transportation Planning, CITY'S Director of Engineering Services and the
CITY'S General General Manager of Community Services.
3.22 The SUBDIVIDER shall use decorative street signage and street lighting for
the subdivision to the satisfaction of the CITY'S Director of Transportation
Planning and KUV Hydro. These decorative elements shall be installed at
the appropriate time frame and to the SUBDIVIDER'S cost, including the
provision of 10% of the cost of materials for future
replacement/maintenance, to the satisfaction of the CITY'S Director of
Transportation Planning and KW Hydro.
Section 6 Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the
proposed subdivision shall be restricted to using "proposed Sims Estate
Drive" to Fairway Road and prohibited from using any other internal
residential streets in the community. The SUBDIVIDER agrees to advise
all relevant contractors, builders and other persons of this requirement
with the SUBDIVIDER being responsible for any required signage, all to
the satisfaction of the CITY'S Director of Engineering.
6.11 Prior to the occupancy of the first unit, the SUBDIVIDER shall determine
the location of all centralized mail receiving facilities to the satisfaction of
Canada Post, in consultation with the CITY's Director of Engineering. If
required, the SUBDIVIDER shall provide temporary suitable centralized
mail box locations that may be utilized by Canada Post until the curbs,
boulevards and sidewalks are constructed for the plan of subdivision.
6.12 The SUBDIVIDER agrees that the entrance feature at Fairway and
"proposed Sims Estate Drive" shall be installed at the SUBDIVIDER's cost
in accordance with the approved plans prior to the issuance of the first
occupancy permit, or in the event of winter conditions shall be installed by
June 1 immediately following the issuance of the first occupancy permit to
the satisfaction of the CITY's Manager of Development Review and the
CITY's Director of Engineering.
6.13 The SUBDIVIDER agrees to undertake any measures required to ensure
proper water pressure to all lots and blocks within the proposed
development, to the satisfaction of the CITY'S Director of Engineering or
Chief Building Official.
*6.14 The SUBDIVIDER agrees that no building permit shall be applied for or
issued for Priority Lots 24 and 73 Stage 2} and Lots 31, 33, 35, 37, 39,
41, 43, 45, 47, 48, 53 and 71 Stage 1), until building elevation drawings
have been submitted and approved for said Priority Lots to the
satisfaction of the CITY'S Manager of Development Review. The intent is
to ensure that consideration has been given to the design treatment
along both road frontages for each lotldwelling, including such items as
the provision of porches, porticos, poured in place stairs, bay or boxed
bay windows or other projections; secondary door entries; windows,
DTS-07-143 (addendum to DTS-07-117) 6
enhanced window treatments, enhanced building materials such as brick,
stone or combinations and/or landscaping.
*6.15 The SUBDIVIDER agrees to construct the approved plan for Park Block
94 (Stage 1}within one year of the issuance of the first building permit for
Stage 1.
6.16 The SUBDIVIDER agrees to implement the approved Compensation Plan
to provide for additional planting on the combined storm water
management facility described as Block 72, 58M-387 and Lots 1 to 8,
58M-388 within one year of the issuance of the first building permit for
Stage 1, 30T-03201.
6.17 The City agrees to release the Inhibiting Order in the event Lots 1 to 8,
58M-388 are not required for a combined storm water management
facility.
*6.18 The SUBDIVIDER agrees that Lot Addition Block 93 (Stage 1) shall only
be developed when consolidated with abutting lands.
*6.19 The SUBDIVIDER agrees that Block 92 shall be developed with multiple
residential dwelling units.
*6.20 The SUBDIVIDER agrees to provide black vinyl decorative fencing
along walkway Block 96 to the satisfaction of the General Manager
of Community Services.
2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill
the following conditions:
1. The City Standard Residential Subdivision Agreement be registered on title.
2. The SUBDIVIDER shall submit copies of the final plan for registration to the
CITY'S Manager of Development Review and shall obtain approval therefrom.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding
on any part of the lands and to pay all outstanding taxes on the lands.
4. The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under the direction of the CITY'S Director of Engineering, with
coordinate values and elevations thereon and submit for registration the plans
showing the location of the monuments, their coordinate values, elevations and
code numbers as prescribed by the Surveyor General of Ontario.
5. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot
Hydro for the provision of permanent electrical services to the subdivision and/or
the relocation of the existing services. Further, the SUBDIVIDER acknowledges
that this may include the payment of all costs associated with the provision of
temporary services and the removal of such services when permanent
installations are possible.
DTS-07-143 (addendum to DTS-07-117) 7
6. The SUBDIVIDER shall make satisfactory arrangements for the provision of
permanent telephone services to the subdivision and/or the relocation of the
existing services. Further, the SUBDIVIDER acknowledges that this may include
the payment of all costs associated with the provision of temporary services and
the removal of such services when permanent installations are possible.
7. The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply
with the following easement procedure:
(a) to provide copies of the subdivision plan proposed for registration and
reference plan(s) showing the easements to HYDRO, and telephone
companies and the City, to the satisfaction of the CITY'S Manager of
Development Review.
(b) to ensure that there are no conflicts between the desired locations for
utility easements and those easement locations required by the CITY'S
Director of Engineering for municipal services;
(c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/Enhancement
Plan;
~d) if utility easement locations are proposed within lands to be conveyed to,
or presently owned by the CITY, the SUBDIVIDER shall obtain prior
written approval from the CITY'S Manager of Development Review or, in
the case of parkland, the General Manager of the CITY's Community
Services Department; and
fie) to provide to the CITY'S Manager of Development Review, a clearance
letter from each of HYDRO and telephone companies. Such letter shall
state that the respective utility company has received all required grants of
easement, or alternatively, no easements are required.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways
to the CITY by the registration of the Plan of Subdivision.
*9. The SUBDIVIDER shall prepare park design plans for Park Block 94 (Stage 1) to
the satisfaction of the CITY's General Manager of Community Services.
10. The SUBDIVIDER shall prepare a final Storm Water Management Report
assessing the feasibility of a combined storm water management facility on the
adjacent lands, described as Block 72, Registered Plan 58M-387 and Lots 1 to 8
on Registered Plan 58M-388 to service the subject and adjacent lands to the
satisfaction of the City's Director of Engineering Services. Prior to the approval
of the Storm Water Management Report and prior to servicing or registration of
Draft Plan 30T-03201 whichever comes first, the SUBDIVIDER shall register an
Inhibiting Order on title to the adjacent lands, described as Lots 1 to 8 on
Registered Plan 58M-388 prohibiting the use or other dealing with the lands
except as a storm water management facility to be shared with Plan 30T-03201.
Upon approval of the final Stormwater Management Report and prior to servicing
or registration of the Plan, whichever comes first, the SUBDIVIDER shall convey
DTS-07-143 (addendum to DTS-07-117) S
the lands of the proposed combined storm water management facility, being Lots
1 to 8 on Plan, 58M-388, free of encumbrance.
In the event the final Storm Water Management Report concludes that a
combined storm water management facility for the subject lands and the
adjacent lands is not feasible, the SUBDIVIDER shall prepare a Storm Water
Management analysis size, location, function, depth etc.} for the provision of
storm water management facilities on the subject lands (30T-03201 } to the
satisfaction of the City's Director of Engineering Services, prior to servicing or
registration, whichever comes first. In this instance, the SUBDIVIDER shall
submit and receive approval of a modification to the subject lands (30T-03201 } to
amend the plan accordingly to the satisfaction of the City prior to servicing or
registration, whichever comes first.
*11. That in the interest of providing a variety of unit types and house designs within
Blocks 74 and 75 Stage 2), the final lotting on the final plan for registration for
Blocks 74 and 75 shall include a variety of unit types and lot widths generally
providing for a total for both Blocks of a minimum 40% to a maximum of 100% of
dwelling units being street townhouses and the remaining being any other
permitted dwelling unit within the applicable zoning to the satisfaction of the
CITY's Manager of Development Review. The final lotting plan shall also include
an On-street parking plan showing an appropriate amount of on-street parking
spaces provided within the same block, where possible, to the satisfaction of the
CITY's Manager of Development Review in consultation with the CITY's Director
of Transportation Planning. In the event that the pre-servicing conditions have
been satisfied prior to registration, this condition shall not apply.
12. The SUBDIVIDER shall prepare a detailed functional design for anorth-bound
left turn lane on "proposed Sims Estate Drive" at Fairway Road to the satisfaction
of the CITY's Director of Engineering and enter into a registered agreement with
the CITYfor the implementation of the turn lane at the cost of the SUBDIVIDER.
*13. The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, which dedication is 0.4215 hectares, by both the conveyance of
Block 94 Stage 1} to the CITY, at no cost and free of encumbrance, which will
satisfy 0.3011 hectares of the dedication, and the remainder in accordance with
the parkland deferral agreement registered as Instrument No. 1139653.
*14. The SUBDIVIDER shall obtain approval of plans/drawings from the CITY's
Manager of Development Review in consultation with the General Manager of
Community Services for an entrance feature Block 100 (Stage ~) at the corner of
"Proposed Sims Estate Drive" and Fairway Roads.
15. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each
major entrance to the subdivision, in accordance with a plan approved by the
CITY'S Manager of Development Review, in accordance with the following
criteria:
a) The sign shall be located outside the required yard setbacks of the
applicable zone and outside the corner visibility triangle, with the
specific, appropriate location to be approved by the CITY's Manager of
Development Review;
DTS-07-143 (addendum to DTS-07-117) 9
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 bufferllandscaping areas, water courses, flood
plain areas, railway lines and hazard areas and shall also make general
reference to land uses on adjacent lands including references to any
formal development applications, all to the satisfaction of the CITY'S
Manager of Development Review;
d) Approved subdivision billboard locations shall be conveniently
accessible to the public for viewing. Low maintenance landscaping is
required around the sign and suitable parking and pedestrian access
may be required between the sign location and public roadway in order
to provide convenient accessibility for viewing; and,
e) The SUBDIVIDER shall ensure that the information is current as of the
date the sign is erected. Notice shall be posted on the subdivision
billboard signs advising that information may not be current and to
obtain updated information, inquiries should be made at the CITY'S
Department of Development and Technical Services.
*16. The SUBDIVIDER shall convey to the CITY the following lands for the purposes
stated therein, at no cost and free of encumbrance, concurrently with the
registration of the plan of subdivision:
Block 94 for park purposes (Stage 1);
Blocks 97, 98 and 99 for 0.3m reserves (Stage 1);
Block 100 for maintenance of the entry feature Stage 1 }; and
Block 77 for road widening purposes (Stage 2).
17. That the following warning clause be registered on title and included in all offers
to purchase and sale agreements or rental agreements for all lots/blocks within
the subdivision:
"This property is located in close proximity to the Chicopee Ski Hill.
The nature of the current and future operations of Chicopee, which
include the operation of snow making equipment, speaker systems,
lights and other equipment necessary to run the facility, may cause
concern to some individuals."
18. The SUBDIVIDER shall prepare a Compensation Plan in accordance with
Condition 6.16 to the satisfaction of the General Manager of Community
Services in consultation with the Manager of Development Review.
DTS-07-143 (addendum to DTS-07-117) 10
19. To expedite the approval for registration, the SUBDIVIDER shall submit to the
CITY'S Manager of Development Review, a detailed written submission
documenting how all conditions imposed by this approval that require completion
prior to registration of the subdivision plans}, 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 of this subdivision in a manner
satisfactory to the Regional Commissioner of Planning, Housing and Community
Services.
2. That the subdivision agreement be registered by the City of Kitchener against the
land to which it applies and a copy of the registered agreement be forwarded to
the Regional Commissioner of Planning, Housing and Community Services prior
to final approval of the subdivision plan.
3. a) That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs first.
Where the owner has already entered into an agreement for the installation of
underground servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to
registration of any part of the plan. The Regional Commissioner of
Transportation and Environmental Services shall advise prior to an
Agreement for Servicing that sufficient water supplies and wastewater
treatment capacity is available for this plan, or the portion of the plan to be
registered.
b) That the owner include the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the
Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease
or purchase and sale are not yet registered as a plan of subdivision. The
fulfilment of all conditions of draft plan approval, including the commitment of
water supply and sewage treatment services thereto by the Region and other
authorities, has not yet been completed to permit registration of the plan.
Accordingly, the purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are the
subject of this agreement or lease or purchase and sale will have all
conditions of draft plan approval satisfied, including the availability of
servicing, until the plan is registered. "
4. That prior to any grading, the SUBIDIVIDER shall submit a lot grading and
drainage plan for the entire draft plan of subdivision to the satisfaction of the
Regional Commissioner of Planning, Housing and Community Services.
DTS-07-143 (addendum to DTS-07-117) 11
5. That prior to any grading, the SUBIDIVIDER shall submit a storm water
management plan for the entire draft plan of subdivision to the satisfaction of the
Regional Commissioner of Planning, Housing and Community Services.
*6. That prior to the registration of the plan, the SUBDIVIDER shall enter into a
registered agreement with the Regional Municipality of Waterloo to provide for
implementation of an approved noise study to abate noise levels for Fairway
Road, including the following clause to be included in all offers to purchase and
sale agreements or rental agreements for Lots 1, 2 and 3 (Stage 2) and Block 75
(Stage 2) and 92 (Stage 1):
"Due to its proximity to Fairway Road, projected noise levels on the property
exceed the Noise Level Objectives of the Regional Municipality of Waterloo and
may cause concern for some individuals. Moreover, this dwelling unit has been
fitted with a forced air-ducted system suitably sized and designed to permit the
future installation of a central air conditioning system by the occupants. "
4. OTHER AGENCY CONDITIONS
1. That prior to the commencement of any grading or construction on the site, and
prior to registration of the plan, the SUBDIVIDER shall submit the following plans
and reports to the satisfaction of the Grand River Conservation Authority:
a} A detailed Stormwater Management Report and plans in accordance with the
2003 Ministry of the Environment and Energy Report entitled "Stormwater
Management Practices Planning and Design Manual" and in keeping with the
Preliminary Stormwater Management Report (prepared by MTE Consultants
Inc., dated September 2003-revised}.
b} A detailed Lot Grading, Servicing and Drainage Plan
c} An Erosion and Siltation Control Plan in accordance with the Grand River
Conservation Authority's Guidelines for sediment and erosion control,
indicating the means whereby erosion will be minimized and silt maintained
on-site throughout all phases of grading and construction.
d} An application for Fill, Construction and Alteration to Waterways Regulation
Permit pursuant to Ontario Regulation 149, as amended, prior to any
construction within a wetland.
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the CITY's Manager of Development
Review, the Manager shall be advised by the Regional Commissioner of
Planning, Housing and Community Services that Conditions 3.1 to 3.6 have been
carried out to the satisfaction of the Regional Municipality of Waterloo. The
clearance letter from the Region shall include a brief statement detailing how
each condition has been satisfied.
2. That prior to the signing of the final plan by the CITY's Manager of Development
Review, the Manager shall be advised by the Grand River Conservation Authority
DTS-07-143 (addendum to DTS-07-117) 12
that Condition 4.1 has been carried out to the satisfaction of the GRCA. The
clearance letter from the GRCA shall include a brief statement detailing how the
condition has been satisfied.
3. That prior to the signing of the final plan by the CITY's Manager of Development
Review, the Manager shall be advised by Kitchener-Wilmot Hydro that Conditions
2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should
contain a brief statement as to how the condition was satisfied.
4. That prior to the signing of the final plan by the CITY's Manager of Development
Review, the Manager shall be advised by the telephone companies that
Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance
letter should contain a brief statement as to how the condition was satisfied.
6. NOTES
Development Charges
1. The 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.
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 Development and Technical
Services Department of any changes in ownership, agent, address and phone
number.
Fees
4. The owner/developer is advised that the City of Kitchener and the Regional
Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the
Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application,
recirculation, draft approval, modification to draft approval and registration release
of plans of subdivision.
Approvals for Servicing Systems
5. The proposed water distribution system meets the definition of a "water works" as
defined in the Ontario Water Resources Act. Prior to the construction of the
proposed water supply system. The proponent must ensure that the application
for approval of water works, and appropriate supporting information, are
submitted to the Ministry of the Environment for approval.
stormwater Management
6. The proposed stormwater management system meets the definition of a "sewage
works" as defined in the Ontario Water Resources Act. Therefore, approval of the
Director must be obtained under Section 53 of the Ontario Water Resources Act
prior to the construction of the proposed stormwater management system. The
proponent must ensure that the application for approval of sewage works, and
appropriate supporting information, are submitted to the Ministry of the
Environment for approval.
DTS-07-143 (addendum to DTS-07-117) 13
Sewage System
7. The proposed sanitary sewage collection system meets the definition of a
"sewage works' as defined in the Ontario Water Resources Act. Therefore,
approval of the Director must be obtained under section 53 of the Ontario Water
Resources Act prior to the construction of the proposed sanitary sewage
collection system. The proponent must ensure that the application for approval of
sewage works, and appropriate supporting information, are submitted to the
Ministry of the Environment for approval.
Planning Act Applicability
8. This draft plan was received on April 13, 2006 and shall be processed and finally
disposed of under the Planning Act, R.S.0.1990, c. P.13, as amended, as of that
date.
Regional Servicing Agreement
9. The owner/developer is advised that draft approval is not a commitment by The
Regional Municipality of Waterloo to water and wastewater servicing capacity. To
secure this commitment the owner/developer must enter into an "Agreement for
Servicing" with The Regional Municipality of Waterloo by requesting that the
Region's Planning, Housing and Community Services Department initiate
preparation of the agreement. When sufficient capacity is confirmed by the
Region's Commissioner of Transportation and Environmental Services to service
the density as defined by the plan to be registered, the owner/developer will be
offered an "Agreement for Servicing". This agreement will be time limited, define
the servicing commitment by density and use. Should the "Agreement for
Servicing" expire prior to plan registration, a new agreement will be required.
The owner/developer is to provide the Regional Municipality of Waterloo with two
print copies of the proposed plan to be registered along with the written request
for a servicing agreement.
Registration Release
10. To ensure that a City or Regional Release is issued by the City's Manager of
Development Review or the Regional Commissioner of Planning, Housing and
Community Services to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all City or
Regional conditions have been satisfied and the required clearance letters,
agreements, prints of plan to be registered, and any other required information or
approvals have been deposited with the City or Regional Planner responsible for
the file, no later than December 15th. City and Regional staff can not ensure that
a City or Regional Release would be issued prior to year end where the owner
has failed to submit the appropriate documentation by this date.
Final Plans -Subdivision
11. When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of
Kitchener. If the plans comply with the terms of approval, and we have received
an assurance from the Regional Municipality of Waterloo and applicable
clearance agencies that the necessary arrangements have been made, the
DTS-07-143 (addendum to DTS-07-117) 14
signature will be endorsed on the plan and it will be forwarded to the Registry
Office for registration.
The following is required for registration and under The Registry Act and for our
use:
One (1) original mylar
Four (4) mylar copies
Four (4) white paper prints
REPORT
Valley View Heights ~St. Jacobs) Limited has submitted a modification request to add a
0.2 hectare parcel of land legally described as Block 71, 58M-387 into the plan boundary
of 30T-03201. Block 71 is currently zoned Residential Three ~R-3) with special regulation
provision 175R minimum lot width of 12 metres). There is no change proposed to the
zoning.
The purpose of adding Block 71 is so that the developer can fulfill his obligation to
consolidate this block with plan 30T-03201 (as per Condition 4.24 of plan 58M-387 and
58M-388) with the intent of extending Beaumont Crescent to Waterbend Crescent.
However, as a result of community concerns, the developer has agreed not to go ahead
with the road extension but rather connect the two plans with a 7.5 metre wide public
walkway. While Planning staff would prefer a road connection as originally planned, by
providing a walkway staff are of the opinion that the intent of the City's Urban Design
Guidelines policy regarding connectivity is still being achieved.
To facilitate the changes made to the draft plan, a number of changes to the conditions of
draft approval has occurred. They are follows:
Condition 1 - Land Use Schedule revised to include four new lots and the lotting out of
the semi -detached units and revised plan date of August 21, 2007.
Condition 2.1 -reflects the revised plan date of August 21, 2007.
Condition 3.21- reflects the revised block numbers for the walkway blocks.
Condition 6.15 - park block number has been revised.
Condition 6.18 - lot addition block number has been revised.
Condition 6.19 -multiple family block number has been revised.
Condition 2.2.11- block numbers for lotless blocks have been revised.
Condition 2.2.13 -park block number revised.
Condition 2.2.14 -entrance feature block number revised
Condition 2.2.16 - block numbers revised.
DTS-07-143 (addendum to DTS-07-117) 1S
Condition 6.20 -new condition that speaks to providing black vinyl fencing.
Region of Waterloo Condition 6 -reflects revised block numbering.
No other modifications are required at this time.
SERVICING
Full municipal services will be provided.
FINANCIAL IMPLICATIONS
No major municipal expenditures are required for the development.
COMMUNICATION:
The proposal to modify the draft plan of subdivision application was circulated to
departments and agencies on July 5, 2007, and to property owners within 120 metres of
the subject lands on July 9, 2007. As a result of the circulation, the department received
considerable resident opposition including a petition from the residents of Waterbend
Crescent. Many of these residents were also present at the public meeting of August 13,
2007 expressing their displeasure with the proposal.
As a result, the developer, Valley View Heights, has agreed not to proceed with the road
extension and has altered the plan to include a walkway connecting Waterbend Crescent
with Beaumont Crescent as shown on the attached plan. The walkway will be 7.5 metres
wide which is larger than the standard 6 metre wide. As directed by Development and
Technical Services Committee, staff have reviewed the resident's request for an
enhanced design of the walkway ~e.g. landscaping and lighting), which goes well beyond
the standard sidewalk and post and wire fencing.
Having reviewed the matter, staff are of the opinion that the 7.5 metre wide walkway is
not sufficiently wide enough to incorporate landscaping and lighting. Moreover, there are
other issues that come into play here such Crime Prevention Through Environmental
Design, lighting intrusion into rear yards and bedroom windows and financial implications
of maintaining enhanced walkways, which require further discussion and analysis.
Accordingly, staff do not see the merits of an enhanced walkway and recommend the
City standard of a sidewalk and post and wire fencing. Staff have, however, asked the
developer to provide black vinyl fencing as opposed to the standard galvanized as an
upgrade. This is an added cost to the developer which he has agreed to do so.
Condition 6.20 speaks to this.
CONCLUSION:
Block 71, 58M-387 was registered as a future development block to be consolidated with
Plan 30T-03201 for the sole purpose of extending Beaumont Street to Waterbend
Crescent. At the public meeting held at the August 13th DTS meeting, area residents
expressed their displeasure with this proposal and asked for a walkway instead. The
developer has agreed to this proposal and has amended his draft plan accordingly.
Planning staff would prefer the road connection but are satisfied that the walkway does
DTS-07-143 (addendum to DTS-07-117) 16
provide for connectivity between both plans thereby meeting the intent of the Urban
Design Guidelines policy regarding connectivity.
Therefore staff support the recommendation to add Block 71 into the boundary of 30T-
03201 and modifications to the draft approval.
Brian Bateman, BA (Hons.)
Planner
Della Ross, MCIP, RPP
Manager of Development Review
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments
Plan of Subdivision 30T-03201
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