HomeMy WebLinkAboutDTS-07-165 - Draft Plan Of Condominium Application 30CDM-03204- ZC03/15/M/TMW - Site Plan Application SP07/135/S/TMWDevefopme►rt &
Technical Services
REPORT 74
Report To:
Development and Technical Services Committee
Date of Meeting:
December 3, 2007
Submitted By:
Jeff Willmer, Director of Planning, 741 -2325
Prepared By:
Tina Malone- Wright, Senior Planner, 741 -2765
Leon Bensason, Senior Heritage Planner, 741 -2306
Ward(s) Involved:
Ward 2
Date of Report: November 16, 2007
Report No.: DTS -07 -165
Subject: DRAFT PLAN OF CONDOMINIUM APPLICATION 30CDM -03204
ZONE CHANGE APPLICATION ZC03 /15 /M /TMW
SITE PLAN APPLICATION SP07 /135 /S /TMW
EXEMPTION FROM EMERGENCY ACCESS POLICY I -1035
TANEM DEVELOPMENTS LIMITED
(FORMER SIMS ESTATE)
501 -545 MORRISON ROAD, 224 -226 SIMS ESTATE DRIVE
AND 2 -10 SIMS ESTATE PLACE
RECOMMENDATION:
That the recommendations, for the lands legally described as Part of Lots 118 and 124,
German Company Tract, municipally known as 501 -545 Morrison Road, 224 -226 Sims
Estate Drive and 2 -10 Sims Estate Place, for an exemption to Emergency Access Policy 1-
1035, for the approval of Draft Plan of Condominium Application 30CDM -03204 (Tanem
Developments Limited), for the approval of Zone Change Application ZC03 /15/M /TMW
and for approval of Site Plan Application SP07 /135 /S /TMW, as contained in Appendix "A"
to report DTS -07 -165, be approved.
EXECUTIVE SUMMARY:
Tanem Developments Limited has submitted a Draft Plan of Condominium application for the
approval of a vacant land condominium development for the former Sims Estate property, which
is approximately 16.178 hectares (39.976 acres) in area, located on the east side of Morrison
Road, just south of Sims Estate Drive and west of the Grand River.
The vacant land condominium application would provide 30 units which would include
conserving the former "Sims Estate" house and associated gardens on one of the units and the
"Gardener's House" on another unit. The remaining 28 units would consist of 22 single -
detached dwellings, one semi - detached dwelling (2 dwelling units) and one townhouse dwelling
(4 dwelling units). Twenty -two of the single detached dwellings and the former "Sims Estate"
house will front on a private internal road which will have access to Morrison Road. The
"Gardener's" house, the two semi - detached dwelling units and the four townhouse dwelling units
will have access to a City -owned public laneway proposed to be named Sims Estate Place.
A Zone Change application has been submitted to rezone the subject lands from `Agricultural' to
various `Residential' zones with special regulations and an `Open Space' zone to facilitate the
proposed vacant land condominium development.
A site plan application has been submitted to regulate the common element areas of the site
and building envelopes to ensure that these are constructed and maintained to appropriate
standards.
BACKGROUND:
The former Sims Estate property is of considerable cultural heritage significance. The property
meets several of the criteria used by the City and the Province in judging the merits for
designation under the Ontario Heritage Act. The property showcases the work of prominent
architectural and landscape designers; is associated with individuals having made significant
contributions locally, Provincially and Nationally; exhibits examples of mid to late 19th century
Mennonite Georgian and rural architecture, and a 1930s country estate residence in the Tudor
style; and has been identified as a significant cultural heritage landscape. As a result, issues
associated with the conservation of the cultural heritage significance of the subject property,
were among the primary considerations and challenges associated with the processing of the
subject planning applications.
Three separate heritage studies were undertaken and were instrumental in identifying the
historic, built and natural heritage attributes of the subject property; and in ultimately defining a
strategy that would address both development and heritage conservation interests. The design
of the development will respect the significant cultural heritage attributes of the property by:
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• preserving the Sims Estate residence and garden structures on a 1.176 hectare lot;
• preserving the Gardener's House and smoke house on a lot;
• preserving other significant built heritage features such as the entrance gates, stone
pillars, cottage ruins, scenic allee and concrete bridge as common elements in the
condominium plan;
• establishing a street alignment into the development that will provide for a traditional
scenic view of the estate house;
• establishing design guidelines to ensure that new development is complementary to the
heritage attributes of the property.
Further, long term heritage conservation interests will be addressed through the designation of
the entire 40 acre parcel, under Part IV of the Ontario Heritage Act.
REPORT:
C)ffirial Plan
The subject property is designated "Low Rise Residential" and "Open Space" in the City's
Official Plan. The "Low Rise Residential" designation permits a full range of housing types and
favours the mixing and integration of different forms of housing to achieve a low overall intensity
of use. The maximum net residential density is 25 units per hectare and the vacant land
condominium proposal will not exceed this maximum density. The proposal will provide another
housing option in the Grand River South Community and be designed so as to be compatible
with the existing heritage buildings and natural features of the lands.
The "Open Space" land use designation on the subject lands is currently applied to those lands
adjacent to the Grand River and to those lands on either side of the ravine at the northerly end
of the subject property north of the proposed lots on the internal road and south of the proposed
lots on Sims Estate Place. These lands are proposed to remain designated "Open Space" and
as no new residential development is proposed within these lands, the draft plan of
condominium is in conformity with this land use designation.
Community Plan
The subject property is located within the Grand River South Community Plan. According to the
land use plan, the property is designated Low Density Residential and Open Space. In
interpreting the boundary between the Low Density Residential and Open Space designations in
both the Official Plan and Community Plan, the environment and geotechnical reports submitted
with the applications have confirmed the developable areas. Consequently, staff is of the
opinion that the proposed development of the subject property meets the intent of the Low
Density Residential designation in both the Official Plan and Community Plan.
The Community Plan also contains policies with respect to the natural environment, parks,
community trails and heritage resources among other things. The paragraphs to follow will
discuss in more detail how the proposed draft plan of condominium meets the policies of the
Grand River South Community Plan.
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Proposed Zoning
The subject property is currently zoned "Agricultural Zone (A -1) ", "Agricultural Zone (A -1) with
Special Regulation Provision 1 R" and "Hazard Land Zone (P -3) ". The A -1 zone permits a "single
detached dwelling" subject to meeting certain regulations.
The Special Regulation Provision 1 R relates to lands which are subject to obtaining a permit
from the Grand River Conservation Authority. The portion of the property subject to flooding and
containing hazardous slopes is zoned "P -3" which is a Hazard Land /Open Space zoning
category within which residential dwellings are not permitted.
The lot sizes and configurations for the proposed development were determined based on
environmental and site constraints and heritage impact considerations. A modified R -2 zone is
proposed for Units 1 -9 and Units 18 -23, which require a minimum front and rear yard setback of
10 metres and a minimum 2 metres side yard setback. This provides for a sufficient building
envelope while accommodating generous setbacks in proximity to the former Sims residence.
Units 10 -16 are proposed to be rezoned to "R -2" as well. The standard "R -2" minimum front and
rear yard setbacks of 7.5 metres will be maintained for lots 10 -16 given their lesser lot depths.
Unit 17 which will contain the former Sims residence is proposed to be rezoned to "R -2" with a
special regulation provision. The special regulation provision will state that Unit 17 must have a
minimum lot width of 87.5 metres, a minimum front yard of 64 metres and a minimum lot area of
1.16 hectares. These regulations will help maintain an appropriate setting for the dwelling and
allow the incorporation of the cultural heritage features within the unit containing the former
Sims residence
The "R -2" zone with a special regulation provision is proposed for Unit 30 which will contain the
existing "Gardener's House ". The special regulation provision will state that Unit 30 must have a
minimum lot area of 0.13 hectares, a minimum lot width of 88 metres, a minimum front yard
setback of 3.5 metres, a minimum westerly side yard setback of 13 metres and a minimum rear
yard setback of 2.3 metres. These setbacks will reflect the location of the existing "Gardener's
House" and help maintain an appropriate setting, in relation to proposed unit boundaries.
A special use provision is proposed to be added to Units 1 -23 and 30 to limit the permitted use
of these units to a single detached dwelling and a home business.
The "R -6" zone with a special use provision is proposed for Units 24 to 29 inclusive. The special
use provision will limit the permitted uses to a semi - detached dwelling and street townhouse
dwellings. The setbacks of the dwellings on these units will meet the requirements of the "R -6"
zone.
As Units 1 -23 inclusive will be fronting on a private roadway rather than each having frontage on
a public street, a special regulation provision is proposed to be added to the residentially zoned
lands to permit more than one dwelling unit on a lot whereas the zoning by -law would normally
only permit one dwelling unit on the subject property.
Block 32 is an open space common element block and is proposed to be zoned Open Space
Zone (P -2) and Hazard Land Zone (P -3). The "P -3" zone will be applied to lands affected by the
slope stability setback as identified in the Slope Stability Investigation prepared by Naylor
Engineering Associates.
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The applicant had requested a special use provision be added to the common element blocks to
prohibit some uses currently permitted in the "P -2" and "P -3" and to permit additional passive
recreational type uses. Given that the property contains several natural heritage features it is
recommended that a conservation easement be applied to the common element blocks in the
plan. The conservation easement will address stewardship issues such as litter, dumping yard
waste, control of invasive non - native species, storage of movable objects (composters, canoes,
etc.) tree management, trails and amenities. The conservation easement will be more restrictive
than the proposed zoning and promote the protection of the natural heritage features.
Emergency Access — Fire
A pre- submission meeting to discuss the proposed condominium development was held on
September 12, 2002. At that time it was identified that the proposal would not meet the City's
Emergency and Secondary Access Policy. Consequently, the applicant requested that Council
consider an exemption from the City's Emergency and Secondary Access Policy prior to
submitting formal applications.
At its meeting on January 13, 2003, Council passed the following resolution:
`That the request of Mr. B. Hermsen submitted on behalf of Tanem Developments Limited for
exemption from Council Policy 1 -652, Emergency and Secondary Access Policy in regards to
the future development on a portion of the property municipally known as 787 Morrison Road
(former Sims Estate) to allow a cul -de -sac (Street A) to be 418 metres in length with an
emergency access rather than a maximum of 300 metres, in addition to allowing the emergency
access to be located a maximum of 200 metres from the end of the cul -de -sac rather than 150
metres, be approved, subject to the following conditions to be implemented through future
planning approval:
a) that all dwellings within the development be required to connect to Direct Detect Fire
Monitoring System.
b) that all dwellings constructed within the portion of the development 150 metres from the
intersection of the internal road and the emergency access to the end of the cul -de -sac,
be required to have sprinkler systems built into each dwelling as a further fire protection
measure, or that an alternate development design be provided to the satisfaction of the
General Manager of the Development and Technical Services Department."
The original Council resolution was based on a concept for the site. The applicant wanted to
obtain the exemption before more refined detailed work on the concept occurred and formal
applications were submitted for approval. Since obtaining the exemption, it has been
determined that the length of the cul -de -sac will be 393.5 metres rather than the requested 418
metres and the road length from the emergency access to the end of the cul -de -sac will be
204.3 metres rather than a maximum of 200 metres. Accordingly, staff recommends that the
resolution be amended to reflect the proposed site plan and draft plan of condominium.
The draft approval will contain conditions to ensure that all dwellings within the development are
connected to Direct Detect Fire Monitoring Systems and that all dwellings that are located
beyond 150 metres of the intersection of the internal road and the emergency access will have
sprinkler systems.
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Servicing
A preliminary servicing study and stormwater management report was prepared by the applicant
to demonstrate that the site can be adequately serviced with roads, sanitary sewers,
watermains, grading, storm sewers and stormwater management.
A private sanitary pumping station is proposed to be constructed on the property with a private
forcemain outletting to the Grand River South Pumping Station. At the time the applications
were originally made the Servicing Strategy indicated that until the Grand River South Pumping
Station was operational, there would be an interim sanitary outlet to the Lackner Woods
Pumping Station. This interim measure will not be required. Accordingly, the applicant will need
to update the Servicing Strategy now that the Grand River South Pumping Station is
operational.
Water will be provided via an existing watermain along Morrison Road which will be extended to
the entrance of the proposed development.
The stormwater management plan for the subject property will be required to have both quality
and quantity control measures in accordance with Ministry and City requirements. Specific
details will be determined as part of the detailed design.
Environmental Comments
The subject property, known locally as the former Sims Estate, contains a number of notable
natural heritage features which surround the developed (built -up or landscaped / maintained)
portion of the estate. The Chicopee Creek, its valleyland and contiguous tablelands exist at the
property's north limit south of the publicly -owned laneway (to be renamed Sims Estate Place)
and north of the historic driveway into the estate. The Grand River valleyland exists on the
property's east limit. An unevaluated wetland with a contiguous deciduous / coniferous
plantation characterizes the southwest corner of the property. All of these features are
designated Open Space in the Community Plan while Policy 7.1 recognizes the Chicopee Creek
and Grand River valleylands as significant natural resources comprising the Community's
Natural Heritage System; the same policy encourages public ownership of the components of
the Natural Heritage System.
There are no current provincial, regional, or local natural heritage designations (other than Open
Space) on, or immediately adjacent to, the subject property. However, the Grand River forms
the eastern limit of the subject lands, and would certainly be regarded as a significant valleyland
under the Provincial Policy Statement. In fact, draft mapping of significant valleylands within the
Regional Municipality of Waterloo identifies the eastern area of the subject lands as a significant
valleyland. These lands will very probably be so designated in the next Regional Official Plan
and Kitchener Official Plan.
Policy 7.6 of the Community Plan requires the submission of an Environmental Implementation
Report and the City's Council- adopted Tree Management Policy (rev. November 2001) requires
the submission of a General Vegetation Overview.
The applicant has submitted preliminary documentation to support the developable areas of the
draft plan of condominium and will be required to submit more detailed information as conditions
of site plan approval.
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Parkland /Community Trail
The policies in the Grand River South Community Plan state that a community trail network be
established as shown conceptually on the land use plan in order to provide continuous open
space linkages, recreational opportunities and visual amenities for the public. The policies also
state that opportunities be provided to the public for visual and physical access to the Grand
River and its tributaries and access points to the Walter Bean Grand River Trail.
Heritage Kitchener Committee at its meeting on May 1, 2007 discussed public access to the
subject property. Given that the property has cultural heritage significance and is proposed to be
designated under the Ontario Heritage Act, the Committee suggested that public access to the
site be maintained, and that a public walking trail be incorporated into the site's design.
Although the owner has concerns with providing a public trail through private property, the
owner has worked with City staff in determining the best location for the community trail through
the property. The trail is proposed to start at the north end of the property, between Units 25 and
26 and utilize the existing driveway into the property. It will then utilize the private roadway and
exit the development to the south between Units 12 and 13. The southerly end of the trail will
link into the Walter Bean Grand River Trail currently located adjacent to the homes on
Manitoulin Crescent.
The owner will be required to pay a 5% cash -in -lieu parkland dedication as a condition of
approval.
Conservation WORKS Report, Architectural Conservancy of Ontario, November 2002
In September 2002, in anticipation of the formal submission of a draft plan of vacant land
condominium application for the former Sims Estate property, the City of Kitchener (through the
Heritage Kitchener Committee) commissioned the Architectural Conservancy of Ontario's
Advisory Board to conduct a professional evaluation of the significance of the subject property.
The request to the ACO Advisory Board served to supplement the limited information the City had
on file regarding the potential cultural heritage significance of the property; and would be used to
determine if the City would require a Heritage Impact Assessment as a submission requirement for
the Planning applications.
The ACO report, prepared by Chapple Heritage Services, was submitted to the City in
November 2002. It uncovered invaluable information regarding the heritage significance of the
subject property and its historical associations, including the discovery that the grounds were
landscaped according to a 1933 Plan designed by the leading landscape architectural firm of
Carl Borgstrom and H.M.S. Carver. The report presented a number of conclusions including
recommending that a Heritage Impact Assessment be made a submission requirement of any
redevelopment application; and that the property be evaluated as a cultural heritage landscape.
In this regard, the report made the following key statement; "As an example of a successfully
integrated composition of historical buildings, natural landscape, cultivated gardens and park,
Chicopee constitutes a Cultural Heritage Landscape of considerable unity and effect ".
Heritage Impact Assessment - Mayer Heritage Consultants, July 2003
In part as a result of the findings of the ACO Report, City staff established that a Heritage
Impact Assessment (HIA) should be made a submission requirement of the redevelopment
application made for the former Sims Estate property. The purpose of the HIA would be to
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identify the heritage attributes of the subject property; evaluate the impact of the proposed
development; and identify conservation options that would respect the integrity of the heritage
attributes of the property. The HIA was also expected to evaluate the cultural heritage
landscape significance of the property. This position was supported by the Regional Municipality
of Waterloo in a letter dated January 29, 2003.
In August 2003, a Heritage Impact Assessment prepared by Mayer Heritage Consultants was
submitted to the City in conjunction with formal zone change and draft plan of vacant land
condominium applications. The development applications as originally submitted, proposed the
development of a total 31 single detached dwelling condominium units (lots) on the property (25
units within the designed landscape area of the property, and 6 units along the former Sims
Road). The HIA identified the various heritage attributes of the property and in evaluating the
impact of the proposed development, made the following key concluding statements:
"The retention of the Sims Estate House (787 Morrison Road) together with its now defunct
gardens will preserve the essential heritage /historic elements of the former Sims Estate
Property residence. Similarly, the retention of the Gardener's House (811 Morrison Road), the
circa 1929 concrete and steel bridge, and the a / /ee leading over the bridge to the state house
will capture those aspects of the estate's local historic attributes that might be retained in an
efficacious manner ".
"It is concluded that the development of the proposed Vacant Land Condominium will not
negatively affect the former Sims residence and gardens (given the economic unsustainability
by private individuals of estate homes in Canada or abroad) .... ".
The HIA was presented to the Heritage Kitchener Committee and (given the Regional interest in
the cultural heritage landscape significance of the property) the Regional Heritage Planning
Advisory Committee. The two Committees, as well as Regional Planning staff, commented that
the HIA failed to adequately examine the cultural heritage landscape significance of the property
and evaluate the impact of the subject applications on the cultural heritage landscape. City staff
concurred with this position and requested that an addendum to the HIA be prepared to
specifically examine cultural heritage landscape issues.
Cultural Heritage Landscape Analysis — Wendy Shearer Landscape Architect, February 2004
In December 2003, Wendy Shearer Landscape Architect Inc. was hired by the applicant to
prepare an addendum to the HIA. The addendum focused its attention on identifying the cultural
heritage landscape significance of the property, and on measures that would serve to mitigate
the impact of the proposed development on the heritage attributes of the property. The
addendum identified the following features of the property as being of particular heritage
significance:
• the spatial order around the Sims Estate residence including the terraces, garden rooms,
walks, hedges, terrace balustrade and stairs to the lower level;
• the entrance gate pillars and driveway alignment (alle'e) over the bridge through the
wooded area to the circular turnaround at the house;
• the framed view to and from the house and front lawn; the gardener's house and original
stone gate pillars; and,
• the wooded areas along the ravine bank and perimeter of the meadow.
The initial design of the proposed development was evaluated on the basis of these features
and several key recommendations were made including increasing the size of the lot on which
the Sims Estate residence is proposed to be located (from .689 to 1.176 hectares), so as to
retain more of its historic and scenic context; and realigning the internal street (not a public
road) into the development from Morrison Road, to maximize longer view lines to the Sims
Estate residence. The HIA Addendum and further design analysis of the draft plan ultimately led
to a reduction in the number of units being located within the designed landscape area of the
property, from 25 down to 23.
Provincial Policy Statement
Section 2 of the Planning Act identifies matters of provincial interest, which includes the
conservation of significant features of architectural, cultural, historical, archaeological or
scientific interest. Section 3 of the Act allows the province to issue policy statements on matters
of provincial interest. The Provincial Policy Statement (PPS) provides the framework for broad,
integrated and long term planning. It provides policy direction to municipalities and approval
authorities that make decisions on land use planning matters.
The New Provincial Policy Statement (PPS, 2005) applies to all planning applications, matters
or proceedings commenced on or after March 1, 2005. Given the subject applications were
made in 2003, the provisions of the PPS that apply (PPS 1996, amended in 1997) require that
the decision affecting this planning application "shall have regard to" the PPS, rather than have
the higher test of "shall be consistent with ". Regardless, the PPS (1996, amended in 1997)
references that significant built heritage resources and significant cultural heritage landscapes
will be conserved.
In evaluating the applications and having regard to the PPS, the PPS definition of a built
heritage resource and a cultural heritage landscape should be considered. The PPS defines a
built heritage resource as; "one or more buildings, structures, monuments, installations, or
remains associated with architectural, cultural, social, political, economic, or military history, and
identified as being important to a community ". The definition of a cultural heritage landscape is;
"a defined geographical area of heritage significance which has been modified by human
activities. Such an area is valued by a community, and is of significance to the understanding of
the history of a people or place ". The heritage studies undertaken (including the Heritage Impact
Assessment and Addendum report) clearly established that the subject property meets the PPS
definition of a significant built heritage resource and a significant cultural heritage landscape. A
detailed description of the cultural heritage attributes of the property is provided in the Heritage
Property Report, attached as Appendix "E" to this report.
From a built heritage perspective, the property showcases the work of prominent individuals and
professionals including the architectural firm of Forsey Page & Steele, which designed the
Estate residence; the landscape design firm of Borgstrom and Carver, which designed the
formal landscape including the garden structures; and the building /masonry work of George
Schlee, who reportedly built the existing smokehouse and restored the Schlee family farmhouse
(Gardener's House). The property is historically associated with a number of individuals who
have made significant and varied contributions locally, provincially and nationally including
George Schlee, Harvey J. Sims, and more indirectly Prime Minister William Lyon Mackenzie
King. It also exhibits examples of mid to late 19th century Mennonite Georgian and rural
architecture; and a 1930s country estate residence built in the Tudor style.
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The Addendum to the HIA prepared by Wendy Shearer and which analysed the cultural heritage
landscape, concluded that "Chicopee is a worthy example of a defined landscape" and that the
significance of the defined landscape was limited to the (Borgstrom & Carver) landscape design
which only includes the central area of the property. However, staff are of the opinion that the
property features cultural heritage landscape attributes and historic associations that are
identified with areas located beyond that which was professionally designed by Borgstrom &
Carver, including evidence associated with the early pioneer settlement of the Schlee & Heinrich
families(Gardener's House, Smoke House); and perhaps most significantly from a cultural
heritage landscape perspective, the inclusiveness of the property and its respect for context
relative to the natural environment.
As defined by the Ministry of Culture, a heritage resource is part of a whole cultural system
which includes interaction between the natural environment and human activities. In
establishing and integrating the estate within the context of the existing wetland and wooded
hills in the southwest and the forested creek valley in the north, the estate effectively maintains
the integrity of the whole "cultural system ". Therefore, the central area designed by Borgstrom
and Carver should not be considered in isolation, as the preservation of the natural
environmental features of the property contribute to the significance of the formally landscaped
central area, and vice versa. Therefore, in Staff's opinion the entire Sims estate property should
be considered as being a significant cultural heritage landscape worthy of being conserved.
While the Shearer Addendum report resulted in a redesign of the proposed condominium
development that balances development opportunities with the retention of the cultural heritage
attributes of the Sims estate property, the retention of these features does not in itself achieve
an adequate level of conservation. To have appropriate regard to the PPS, the long term
protection of cultural heritage resources should be considered. Both the Planning Act and the
Ontario Heritage Act provide the enabling legislation and mechanisms necessary to provide for
the long term protection of the cultural heritage attributes.
Heritage Designation Under Part IV of the Ontario Heritage Act
City staff are of the opinion that the entire Sims estate property meets the Official Plan and
Ontario Heritage Act (Ontario Regulation 9/06) criteria for designation under Part IV of the
Ontario Heritage Act. Such designation would serve to formally recognize the historic, built and
natural cultural heritage attributes of the property, including the cultural heritage landscape; and
would apply a measure of protection against inappropriate change. On June 5, 2007 the City's
Heritage Kitchener Committee passed a motion recommending that Council direct the City Clerk
to publish a notice of intent to designate the former Sims Estate under Part IV of the Ontario
Heritage Act. The applicant was in support of this recommendation and a copy of the Committee
resolution is attached to this report as Appendix "F".
Riverglen Estates Design Guidelines
City staff have worked closely with the applicant in drafting detailed design guidelines for the
new condominium units. The Riverglen Estates Design Guidelines (attached as Appendix "D" to
this report) will assist the developer, homeowner, designer, builder and City in realizing the
objective of designing, building and integrating new residential development, in a way that will
be complementary to the heritage attributes of the subject property. The guidelines include
direction on such matters as building proportion and massing, rooflines, garages, windows and
doors, landscaping, and fencing to name a few. Of note, is the proposed Home Site Design
Approach and the inclusion of City Staff and when available a representative of the Heritage
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Kitchener Committee, in the design, review and approval process for clearance before issuance
of a building permit. This in part, has led to a clause added to the proposed heritage designating
bylaw, exempting the construction of the new residential units from the heritage permit approval
process, so long as the new construction is consistent with the approved Riverglen Estates
Design Guidelines, which would be registered on title.
Other Conservation Measures
The designation of the subject property under the Ontario Heritage Act and the registration of
the Riverglen Estates Design Guidelines on title are included in the conditions of approval of the
condominium plan and will be required to be referenced in the condominium declaration. Other
mechanisms used to address heritage conservation objectives include the use of site specific
zoning regulations such as minimum lot area, sideyard and setbacks to maintain significant
views, establish appropriate building envelopes, and assist in preserving historic context.
Conservation of natural and cultural heritage landscape attributes will also be addressed
through the registration of a conservation easement.
City staff are of the opinion that the combination of the measures and mechanisms identified in
this report, will serve to adequately address heritage conservation interests and meet the City's
requirement to have regard to the Provincial Policy Statement.
Preliminary Circulation Comments
As a result of the preliminary circulation of the applications, staff received 5 phone calls and 7
written responses with comments /questions as follows:
There were general questions on the type of development. Residents were trying to understand
the vacant land condominium concept and what the applicant was requesting in terms of
proposed zoning for the development.
One resident expressed that the open space (greenbelt) areas of the subject property area are
significant nesting and breeding area for wildlife, in particular migrating birds. They are not in
favour of the development as it is an unnecessary and damaging change to the environment. In
response, the subject property is currently developed with residential uses. The limit between
the existing residentially open area and the treed open space areas on the subject property
generally coincides with the proposed zoning limit between the lands proposed to be zoned
residential and open space. The applicant will only be developing that area of the subject
property which can be developed while protecting most if not all of the existing open
space /hazardous areas on the subject property. The development will not negatively impact the
nesting and breeding areas for wildlife.
Another resident expressed similar concerns as the development will be encroaching upon the
habitat of the wildlife. They stated that the encroachment into the wildlife habitat will disrupt the
ecosystem. As discussed above, the property is currently developed with two single detached
dwellings. The applicant is proposing to develop only those lands which can reasonably be
developed. Those lands which are generally free of vegetation, wet areas or hazardous slopes
will be zoned for residential use. All other areas on the subject property are proposed to be
Open Space and Hazard Lands and will be protected from any disruption by a conservation
easement. The protection of these lands is intended to prevent disruption of the existing
ecosystem.
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There was a question as to whether there would be a fence erected at the rear of the properties
on Morrison Road which abut the subject property to the west. Another resident inquired as to
whether there would be any fencing and would this be a gated community. The applicant is not
proposing any fence adjacent to the lots on Morrison Road or in other locations along the
perimeter of the property. There may be fences erected on the individual units in accordance
with the design guidelines for the property. The applicant has indicated that it will not be a gated
community.
Originally the applicant had requested that a special use provision be added to the lands
proposed to be zoned `Open Space Zone (P -2)' and `Hazard Land Zone (P -3)' to permit
accessory structures. Through the review of the applications it was determined that these would
not be appropriate and the zoning will reflect this along with a conservation easement to protect
the common element areas. The applicant will be required as a condition of approval to prepare
a tree preservation /enhancement plan for the subject property prior to any development taking
place. The zoning of the common open space areas will not allow for the installation of any
recreation facilities such as a swimming pool or tennis courts.
There was concern expressed with the proposed development and traffic on Morrison Road and
at the intersection of Fairway Road and Morrison Road. The potential traffic which is expected
to be generated from the site was considered during the review of the applications. Upgrades to
Morrison Road are required in conjunction with those subdivisions proposed to be developed
adjacent to Morrison Road. As with those subdivisions, the applicant will be required to upgrade
Morrison Road and install sidewalk along the portion of the subject property which abuts
Morrison Road. Since the time the applications were circulated traffic lights were installed at the
intersection of Fairway Road and Morrison Road (Future Sims Estate Drive).
The proposed zoning will allow the residents to operate home businesses within their dwellings.
The home businesses will have to meet the requirements of the current zoning by -law which
applies to all residential properties within the City of Kitchener.
There was concern expressed with drainage problems in the southeast corner of the subject
property. Grading and drainage plans will need to be submitted as part of conditions of approval
prior to any development taking place. No grading will take place on the subject property that
will cause flooding in the rear yards of the properties on Manitoulin Crescent. Planning staff
were not aware of any odour concerns with the wet area on the property in the southwest area
of the property. If the problem continues once development of the lands has occurred the
Condominium Corporation will want to consult with City Staff and GRCA staff to remedy the
situation.
With respect to Grand River valley slope erosion problems, Community Services Staff is aware
of the some existing erosion problems to the south of the subject property but the proposed
development will not contribute to these problems. Proposed development on the subject
property will be located well beyond any hazardous slope lands.
Prnr_P _q_q
A process has been developed whereby an application for Draft Plan of Vacant Land
Condominium is considered in conjunction with an application for Site Plan Approval for
Common Elements and Building Envelopes.
12
Site Plan approval is necessary to ensure that common elements such as roadways, sidewalks,
stormwater management, fire routes etc. are provided in accordance with City policies and
associated legislation. The Site Plan Approval Process will ensure that the shared portions of
the property are developed to appropriate standards, but still provide flexibility to the future
purchasers to custom design their homes, provided the dwellings can be accommodated within
the approved building envelopes.
The fact that the proposed development would be in the form of a Registered Condominium is
beneficial in many respects. A Condominium Corporation and Board would be established and
would oversee the budget and allocation of funds for short -term and long -term maintenance of
the property. This provides assurance that there is ongoing responsibility towards maintaining
the landscaping, the units, and driveway area and coordinating garbage pickup to keep the site
in a good state of repair. The Condominium Corporation and Board would also be able to
establish and enforce rules and regulations for the occupants of the condominium through the
Condominium Declaration.
The Condominium Act provides for special regulatory control in a vacant land condominium
corporation's declaration. This allows the condominium corporation to regulate items such as
the size, location, construction standards, quality of materials, appearance, architectural
standards and construction design standards of the buildings. These regulatory controls can be
used to ensure the future dwellings are in keeping with the natural and heritage features of the
site.
The proposed Condominium Declaration will contain provisions to ensure that the common
elements of the property will be developed to appropriate standards and that the proposed
dwellings on the property will be constructed in accordance within the approved building
envelopes in accordance with the Riverglen Estates Design Guidelines.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
Preliminary circulation of the draft plan of condominium application and zone change application
was undertaken on September 9, 2003 to all prescribed agencies /public bodies and to all
property owners within 120 metres of the subject lands. As a result of the circulation of the
application, staff received some responses from neighbouring property owners. Their concerns
and /or issues were noted and discussed above.
Notice of the December 3, 2007 public meeting of the Development and Technical Services
Committee was advertised in The Record on November 9, 2007. A copy of the advertisement is
attached. Further, in accordance with Council Policy, all property owners within 120 metres of
the subject lands will be notified of the Public Meeting and provided the opportunity to have a
copy of the staff report, as it has been more than one year since the original circulation.
CONCLUSION:
Based on the foregoing, Planning staff recommends that the Zone Change Application, the Draft
Plan of Condominium Application and the Site Plan Application, to permit the former Sims
Estate to be developed with a vacant land condominium, having 24 single detached dwellings, 1
semi - detached dwelling and 4 townhouse dwellings, be approved.
13
Tina Malone- Wright, MCIP, RPP
Senior Planner
Alain Pinard, MCIP, RPP
Manager of Long Range and Policy Planning
Leon Bensason, MCIP, RPP, CAHP
Senior Heritage Planner
Della Ross, MCIP, RPP
Manager of Development Review
Jeff Willmer, MCIP, RPP Brian Page, CET, OALA, CSLA
Director of Planning Supervisor of Site Plan Development
Attar.hmPnt _q-
Appendix "A" — Recommendations
- Draft Plan of Condominium
- Site Plan
Appendix "B" - Newspaper Advertisement
Appendix "C" - Proposed Zoning By -law
Appendix "D" - Riverglen Estates Design Guidelines
Appendix "E" - Heritage Property Report for 787 -811 Morrison Road (Former Sims Estate)
Appendix "F" - June 5, 2007 Heritage Kitchener Recommendation to Council (Notice of Intent to
Designate)
Appendix "G" - Preliminary Circulation Department /Agency Comments
Appendix "H" - Community Input From Preliminary Circulation
14
APPENDIX "A"
RECOMMENDATIONS
A. That an exemption from Council Policy 1 -1035, Emergency Access Policy, in regards to the
Site Plan Application SP07 /135 /S /TMW and Draft Plan of Condominium Application
30CDM -03204 on property municipally known as 501 -545 Morrison Road (former Sims
Estate), to allow a cul -de -sac to be 393.5 metres in length with an emergency access rather
than a maximum of 300 metres, in addition to allowing the emergency access to be located
a maximum of 204.3 metres from the end of the cul -de -sac rather than 150 metres, be
approved, subject to the following conditions:
a) that all dwellings within the development be required to connect to Direct Detect
Fire Monitoring System.
b) that all dwellings constructed within the portion of the development 150 metres
from the intersection of the internal road and the emergency access to the end of
the cul -de -sac, be required to have sprinkler systems built into each dwelling as a
further fire protection measure.
B. That Zone Change Application ZC03 /15/M /TMW (501 -545 Morrison Road, 224 -226 Sims
Estate Drive, 2 -10 Sims Estate Place - Tanem Developments Limited), requesting a
change in zoning on lands legally described as Part of Lots 118 and 124, German
Company Tract, be approved in the form shown in the attached "Proposed By -law ", dated
November 14, 2007, without conditions.
C. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990,
c.P.13, as amended, and By -law 2002 -164 as amended, of the City of Kitchener, hereby
grants draft approval to Condominium Application 30CDM -03204 for 501 -545 Morrison
Road, 224 -226 Sims Estate Drive and 2 -10 Sims Estate Place, in the City of Kitchener,
subject to the following conditions:
1. That this approval applies to Draft Plan of Condominium 30CDM -03204 as shown on the
plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited, dated
October 29, 2007, which shows the following:
Units /Blocks Description
Units 1 -23, 30 24 single detached dwellings
Units 24 and 25 2 semi - detached dwelling units
Units 26 -29 inclusive 4 townhouse dwelling units
Block 31 private roadway, sidewalk and trail connection
Block 32 open space, trail connection and emergency access
(Subject to a Conservation Easement)
2. CITY OF KITCHENER CONDITIONS:
2.1 That Zone Change Application ZC03 /15/M /TMW receive final approval.
2.2 That the property be designated under Part IV of the Ontario Heritage Act.
15
2.3 That the final plan shall be prepared in general accordance with the above noted plan,
with a copy of the final plan being approved by the City's Manager of Development
Review.
2.4 That the OWNER submit a draft Condominium Declaration, for approval by the City's
Manager of Development Review and Kitchener - Wilmot Hydro Inc. containing the
Riverglen Estates Design Guidelines and the following provisions:
i) That the parking or storage of derelict vehicles or recreational vehicles on the
subject lands is prohibited.
ii) That public and private sidewalks, driveways and parking areas be maintained in
a snow free condition and void of any obstructions 12 months of the year.
iii) That access rights to Kitchener - Wilmot Hydro Inc. facilities on the subject
property will be maintained.
iv) That a private contractor will pick up and dispose of garbage refuse and
recyclable materials from the development.
V) That easements, as may be required, for servicing and /or access across the
condominium lands are to be conveyed to the City of Kitchener, Region of
Waterloo, Kitchener - Wilmot Hydro and Bell.
vi) That the Condominium Corporation will be responsible for maintenance of the
subject lands in compliance with the Site Plan for Common Elements and Building
Envelopes, Lighting Plan, Landscape Plan, Tree Preservation /Enhancement Plan,
Grading and Drainage Control Plan and Stormwater Management Plan, as
approved by the appropriate City Department for the life of the development on the
subject lands.
vii) That the OWNER acknowledges and will be responsible for advising prospective
purchasers and tenants that the property is designated under Part IV of the Ontario
Heritage Act. Accordingly, cultural heritage attributes identified in the designating
by -law shall be conserved in accordance with the provisions of the Ontario Heritage
Act.
viii) That the OWNER acknowledges and will be responsible for advising prospective
purchasers and tenants that all new construction and /or alterations of buildings
or structures not identified as heritage attributes in the designating by -law must be
done in accordance with the approved Riverglen Estates Design Guidelines
attached hereto the declaration registered on title to the subject property.
ix) That the OWNER acknowledges the location of the community trail through the
subject lands.
X) That the Owners of Units 24 and 25 and Units 26 -29 inclusive obtain and maintain
replacement cost insurance of the building on his or her unit so that rebuilding can
be financed in case of damage or destruction of the whole or part of the building on
those units.
16
xi) That the Condominium Corporation has the right to enter a unit and do such work
as is necessary to maintain support of buildings on neighbouring units at the
expense of the unit owner of the deficient unit.
xii) That no work shall be allowed to be done with respect to a foundation or wall that
provides support to a neighbouring building on another unit unless the work is
approved and inspected by a structural engineer.
xiii) That each unit owner shall have the right to enter a neighbouring unit subject to
control by the Condominium Corporation, to do such work on the entering unit
owner's unit as must be reasonably done from the neighbouring unit.
ix) That the Condominium Corporation has the right from time to time to inspect any
foundation or wall of a building on a unit in order to ensure it is structurally sound
and have the right to remedy any deficiencies that might need to be repaired.
X) That the OWNER will be responsible for advising prospective purchasers and
tenants of the Conservation Easement registered on the subject property.
2.5 That the OWNER covenant and agree in writing to the City's Manager of Development
Review to register a Condominium Declaration which shall include the approved
provisions as required in condition 2.4 hereof.
2.6 That the OWNER make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal Property Taxes, utility accounts and /or local
improvement charges.
2.7 The OWNER shall make arrangements for the granting of any easements, if required, for
utilities and municipal services. The OWNER agrees to comply with the following
easement procedure:
(a) to provide reference plan(s) showing the easements to HYDRO, and telephone
companies and the City, to 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 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 OWNER shall obtain prior written approval
from the CITY'S Manager of Development Review or, in the case of parkland, the
CITY'S General Manager of Community Services; and
(e) 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.
17
2.8 That the OWNER shall submit to the City of Kitchener a Letter(s) of Credit to cover 100
percent of the remaining cost of all outstanding and /or uncertified site development
works to the satisfaction of the City's Manager of Development Review.
i) The Letter(s) of Credit shall be kept in force until the completion and certification
of the required site development works in conformity with their approved designs.
If a Letter(s) of Credit is about to expire without renewal thereof and the works
have not been completed and certified in conformity with the approved designs,
the City may draw all of the funds so secured and hold them as security to
guarantee completion and /or certification, unless the City Solicitor is provided
with a renewal of the Letter(s) of Credit forthwith.
ii) In the event that the OWNER fails to complete the required site development
works, to the satisfaction of the City's Director of Planning, then it is agreed by
the OWNER that the City, its employees, agents or contractors may enter on the
lands and so complete and /or certify the required site development works to the
extent of the monies received under the Letter(s) of Credit. The cost of
completion of such works shall be deducted from the monies obtained from the
Letter(s) of Credit. In the event that there are required site development works
remaining to be completed, the City may by by -law exercise its authority under
Section 326 of the Municipal Act to have such works completed and to recover
the expense incurred in doing so in like manner as municipal taxes.
iii) Other forms of performance security may be substituted for a Letter(s) of Credit,
at the request of the OWNER, provided that approval is obtained from the City
Treasurer and City Solicitor.
2.9 That the OWNER confirms that sufficient wire -line communication /telecommunication
infrastructure is currently available within the proposed development to provide
communication /telecommunication service to the proposed development to the
satisfaction of Bell or other private utility company.
2.10 That the OWNER enters into an agreement with the City of Kitchener to be registered on
title to the subject property to include the following:
1. The OWNER agrees that no building permits shall be applied for or issued for
any new construction and /or alterations for dwellings and /or structures within this
condominium development until the plans have been reviewed and approved
by the City's Senior Heritage Planner, and when available a representative of the
Heritage Kitchener Committee, to ensure that any new construction or
alterations are consistent with the approved Riverglen Estates Design Guidelines
registered on title to the subject lands.
2. The OWNER agrees to include the following clause in all offers of purchase
and sale and /or all rental agreements, to read as follows:
a) Prospective purchasers and tenants are advised that all new construction
and /or alterations for dwellings and /or structures within this condominium
development must be consistent with the approved Riverglen Estates
Design Guidelines registered on title to the subject lands.
18
3. a) The OWNER agrees that no building permits shall be applied for on any
block in any phase of the condominium until satisfactory arrangements
are made with the CITY'S Chief Building Official to install adirect -to -fire
alarm monitoring system for each and every dwelling to be constructed
within this condominium development. Satisfactory arrangements shall be
the submission of drawings showing the hardwiring in each dwelling.
b) No occupancy of each dwelling shall be permitted until the CITY'S Chief
Building Official has confirmed that such system is operational.
C) Such system shall be maintained and remain operational in perpetuity as
a responsibility of the homeowner and this condition shall not be released
from title unless and until the CITY Solicitor is notified by the CITY'S Fire
Chief that adequate protection is otherwise provided and the maintenance
of the system is no longer mandatory.
4. a) The OWNER agrees that no building permits shall be applied for on Units
11 -14 inclusive of the condominium until satisfactory arrangements are
made with the CITY'S Chief Building Official to install a built -in sprinkler
system, as a further fire protection measure, for each and every dwelling
to be constructed on Units 11 -14 inclusive within this condominium
development. Satisfactory arrangements shall be the submission of
drawings showing the built -in sprinkler system in each dwelling.
b) No occupancy of each dwelling shall be permitted until the CITY'S Chief
Building Official has confirmed that such built -in sprinkler system is
operational.
C) Such built -in sprinkler system shall be maintained and remain operational
in perpetuity as a responsibility of the homeowner and this condition shall
not be released from title unless and until the CITY Solicitor is notified by
the CITY'S Fire Chief that adequate protection is otherwise provided and
the maintenance of the built -in sprinkler system is no longer mandatory.
5. That prior to registration the OWNER agrees to install a direct -to -fire alarm
monitoring system in each of the existing dwellings located on Units 17 and 30
within this condominium development to the satisfaction of CITY'S Fire Chief.
Such system shall remain operational in perpetuity as a responsibility of the
homeowner and this condition shall not be released from title unless and until the
CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is
otherwise provided and the maintenance of the system is no longer mandatory.
6. The OWNER agrees to provide a connection to a community trail through the
subject property and to execute the necessary easement documents to ensure the
link is provided and constructed to the satisfaction of the CITY'S General Manager
of Community Services.
7. That a two -stage building permit shall be required for Units 24 and 25 and Units 26-
29 inclusive that requires a foundation permit with a prohibition against the issuance
of a permit for structure construction until the City's Chief Building Official is in
19
receipt of a surveyor's certificate confirming that the party walls between units are
precisely located on the unit boundaries.
8. The OWNER agrees that no building permits shall be applied for on Units 2 -4
inclusive, Units 7 -15 inclusive, Unit 17, and Units 24 -30 inclusive, until the Chief
Building Official has received copies of a Fill Construction and Alteration to
Waterways Permit under Ontario Regulation 149 R. R.O. 1990, as amended, from
the Grand River Conservation Authority.
9. The OWNER agrees that no building permit shall be applied for or issued for any
dwelling on the lands within the plan until the private sanitary pumping station,
forcemain and related appurtenances are constructed and operational to the
satisfaction of the CITY'S Director of Engineering Services. Conditional building
permits may be issued if the private sanitary pumping station is substantially
complete to the satisfaction of the CITY'S Director of Engineering Services, in
which case no occupancy of any dwelling shall be permitted prior to acceptance of
said works.
2.11 The OWNER shall grant to the CITY, at no cost, a conservation easement approved by the
City Solicitor, over Block 32. The purpose of such easement shall be to deal with
stewardship issues such as litter, dumping yard waste, control of invasive non - native
species, storage of movable objects (composters, canoes, etc.) tree management, trails
and amenities, as indicated on the attached Draft Plan of Vacant Land Condominium.
2.12 The OWNER 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
Morrison Road frontage of the plan (one side of street).
2.13 The OWNER shall make arrangements to upgrade Morrison Road to municipal standards
to the satisfaction of the CITY's Director of Engineering Services and CITY'S Director of
Transportation Planning.
2.14 The OWNER shall make arrangements to upgrade to modified municipal standard Sims
Estate Place to the satisfaction of the CITY's Director of Engineering Services and CITY'S
Director of Transportation Planning in consultation with the City's Senior Heritage Planner.
2.15 The OWNER shall prepare, receive final approval, and implement a groundwater recharge
and chloride impact mitigation strategy plan to the satisfaction of the CITY'S Director of
Engineering Services, in consultation with the Regional Municipality of Waterloo. Infiltration
measures shall be designed for year -round operation.
2.16 The OWNER shall make satisfactory financial arrangements with Engineering Services for
the proportional cost contribution towards the Ottawa Street Trunk Sanitary Sewer.
2.17 That Site Plan Application SP07 /135 /TMW receive final approval, to the satisfaction of the
City's Supervisor of Site Plan Approval, and that the OWNER has entered into a Section 41
Development Agreement.
2.18 That the Condominium 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
20
Commissioner of Planning, Housing and Community Services for the Regional
Municipality of Waterloo prior to final approval of the condominium plan.
3. GRCA CONDITIONS:
3.1 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 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 July 31, 2003 (revised)).
b) A detailed Lot Grading, Drainage and Storm Servicing Plan, including a detailed
plan for the drainage feature between Lots /Units 11 and 12 and the outlet
structure from the wetland.
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 Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Permit (Pursuant to Ontario Regulation 150/06) for
the construction of the new pumping station, construction of the storm sewer
outlet and the proposed stormwater management control structure, the removal
of the wetland pocket and the grading of any proposed lots within 30 metres of
the wetland boundary.
3.2 That the Subdivider's Agreement between the owners and the municipality contain
provisions for the completion and maintenance of the works in accordance with the
approved plans and reports in Condition 1) above.
4. REGION OF WATERLOO CONDITIONS:
1. That the condominium agreement be registered by the City of Kitchener against the
lands to which is applies and a copy of the registered agreement be forwarded to the
Commissioner of Planning, Housing and Community Services for the Regional
Municipality prior to final approval of the condominium plan.
2. That the owner agrees to stage the development of this condominium in a manner
satisfactory to the Commissioner of Planning, Housing and Community Services for the
Regional Municipality of Waterloo.
3. That prior to any grading or construction, and final approval of the plan of condominium,
a consultant Archaeologist shall carry out an Archaeological Survey and Rescue
Excavation of any significant archaeological remains found on the site to the satisfaction
of the Ministry of Culture. Two (2) copies of the completed assessment and Ministry
21
acknowledgement must be forwarded to the Regional Commissioner of Planning,
Housing and Community Services for clearance of this condition.
4. That prior to final approval, the owner shall provide the Region with the necessary
financial resources for the future installation of one (1) concrete transit pad along
Morrison Road, to the satisfaction of the Commissioner of Planning, Housing and
Community Services.
5. 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 of 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 within 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;
6. 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 subject of this agreement of lease or purchase
and sale are not yet registered as a plan of condominium. 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. CLEARANCES:
1. That prior to the signing of the final plan by the Manager of Development Review, the
Owner shall submit a detailed written submission outlining and documenting how
Conditions 2.1 to 2.18 inclusive have been met. The submission shall include a brief but
complete statement detailing how each condition has been satisfied.
2. That prior to the signing of the final plan by the Manager of Development Review, the
City of Kitchener is advised by the Grand River Conservation Authority that Conditions
3.1 to 3.2 inclusive have been carried out to the satisfaction of the Grand River
Conservation Authority. The clearance letter from the GRCA shall include a brief but
complete statement detailing how each condition has been satisfied.
3. That prior to the signing of the final plan by the Manager of Development Review, the
City of Kitchener is advised by the Regional Commissioner of Planning, Housing and
Community Services that Conditions 4.1 to 4.6 inclusive have been carried out to the
satisfaction of the Regional Municipality of Waterloo. The clearance letter from the
22
Region shall include a brief but complete statement detailing how each condition has
been satisfied.
6. NOTES:
1. The owner /developer is advised that the provisions of the Development Charge By -law
of the City of Kitchener and provisions of the Regional Municipality of Waterloo
Development Charge By -law 04 -049 will apply to any future development on the site.
2. The condominium plan for Registration must be in conformity with Ontario Regulation
43/96 as amended, under the Registry Act.
3. Draft approval will be reviewed by the Manager of Development Review from time to
time to determine whether draft approval should be maintained.
4. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo Department of Planning, Housing and Community Services and the City of
Kitchener Department of Development and Technical Services of any changes in
ownership, agent, address and phone number.
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 condominium.
6. This draft plan was received on August 25, 2003 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.
7. To ensure that a Regional Release is issued by the Region's 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 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.
8. 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 the approval, and we have received assurance from
the Regional Municipality of Waterloo and applicable clearance agencies that the
necessary arrangements have been made, the Manager of Development Review's
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
Six (6) white paper prints
One (1) digital copy
23
D. That the Site Plan for Common Elements and Building Envelopes, dated November 13,
2007, receive approval in principle subject to completing the following conditions.
A. Prior to the commencement of any grading on the site, the OWNER agrees to
fulfil each of the conditions which follow:
(1) to show all erosion and siltation control features in detail on a Grading and Drainage
Control Plan hereinafter described in Section B(2); to the satisfaction of the City's
Engineering Services and to the Grand River Conservation Authority and to
implement all such erosion and siltation control measures. The Owner further
agrees to maintain all such measures to the satisfaction of the City's Engineering
Services until the site has been fully developed as determined by the City's
Supervisor of Site Plan Development.
(2) to prepare a Tree Preservation /Enhancement Plan as required by the City's Tree
Management Policy in effect on the date of the application for site plan approval
granted in principle; and to show on the Landscape Plan hereinafter described in
Section B(5), the location of drip lines, edges and existing plantings, the location of
all existing trees and the method to be employed in retaining trees required to be
protected; to obtain approval thereof from the City's Supervisor of Site Plan
Development; and to implement all approved tree saving measures.
(3) to obtain Fill, Construction and Alteration to Waterways Permits from the Grand
River Conservation Authority and provide the City's Chief Building Official with
copies thereof.
(4) to grant to the City of Kitchener without cost and free of encumbrance, the
conservation easement as indicated on the Site Plan.
B. Prior to Site Plan Approval for the proposed development, the OWNER agrees to
fulfil each of the conditions which follow:
(1) satisfy all pre - grading conditions set out in Section A above.
(2) to prepare a detailed Grading and Drainage Control Plan, including infiltration of
rooftop runoff where soil conditions permit, showing drainage details for the subject
property, abutting properties and public rights -of -way so as to ensure compatible
drainage, and to show thereon all existing and proposed connections to the
municipal storm sewer, and all detailed erosion and siltation control features; all to
the satisfaction of the City's Engineering Services and the Grand River
Conservation Authority.
(3) to submit to the satisfaction of the City's Engineering Services a detailed
engineering design for storm water management or to receive from the Engineering
Services an exemption from this requirement.
(4) Omitted.
(5) to prepare a Landscape Plan showing planting and surfacing details for all common
element areas not covered by buildings, structures, loading areas or parking areas;
24
and showing street trees on the condominium units, and to obtain approval thereof
from the City's Supervisor of Site Plan Development.
(6) Omitted.
(7) to obtain approval of the construction details of all fencing and visual barriers as
indicated on the Site Plan, from the City's Supervisor of Site Plan Development, as
part of the approval of the Landscape Plan.
(8) to show on the required Landscape Plan, planting and surfacing details for the
portion of all adjacent public property located between the sidewalks, curbs or
streets and the Owner's property line so as to ensure a contiguous landscaped area
between the public streets and the Owner's proposed development.
(9) Omitted.
(10) to prepare a Site Lighting Plan, including lighting for any underground parking
facilities, and to obtain approval thereof from the City's Supervisor of Site Plan
Development.
(11) to prepare a concept plan for a multiple unit identification sign, in accordance with
the Multiple Unit Identification Policy in effect on the date of issuance of the first
building permit for development of the lands in accordance with this Agreement;
and to obtain approval thereof from the City's Chief Fire Prevention Officer.
(12) (i) to provide a cost estimate for 100% of the total cost of all "site development
works" to be done by the Owner, as required by this Agreement. Such a
cost estimate shall include materials, installations, removals, closures and
restorations, project management/co- ordination, and site supervision,
inspection and certification of all site development works, and shall be in a
form satisfactory to the City's Supervisor of Site Plan Development.
(ii) "Site Development Works" to be done by the Owner shall include the
following:
(a) On Site works:
Storm water management facilities and rough grading; plant material;
landscape paving essential to the functioning of the site, landscape
structures including but not limited to fencing, screen walls, retaining walls,
roofed enclosures for garbage and recyclable materials, planters; fine
grading; sodding and seeding; curbing; concrete sidewalks; paving for
vehicular traffic and parking and demarcation of parking on pavement; and
(b) Off Site works:
Closure of redundant driveways; fine grading and sodding or other
approved landscaping within the boulevard. Additional required off -site
works may be done by the City at the Owner's cost, as specified in this
Agreement.
25
(iii) to provide a Letter of Credit to the City's Supervisor of Site Plan
Development for 50% of the total cost of all site development works in a
form satisfactory to the City Solicitor, to be held by the City as security for
the completion of the site development works required in the Section 41
Development Agreement.
(13) to make arrangements, financial and otherwise, to the satisfaction of Engineering
Services, for 100% of the cost of:
(i) the removal of any redundant service connections and the installation of all
new service connections to the property;
(ii) Omitted.
(iii) the installation of (a) 1.5 metre wide, concrete sidewalk(s) on the street(s)
in the location(s) generally shown on the Site Plan; and
(iv) the installation of new curb and gutter along the street frontage(s).
(14) Omitted.
(15) Omitted.
(16) Omitted.
(17) to pay to the City of Kitchener Park Trust Fund a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands. Said 5% value shall be
determined as of the day prior to the day of the issuance of the building permit.
(18) Omitted.
(19) to submit a fire flow demand analysis conducted by a Professional Engineer, to
the satisfaction of the City's Chief Building Official in consultation with the City's
Engineering Services and Chief Fire Prevention Officer, to determine if the
proposed development exceeds the capabilities of the water distribution system
for fire fighting purposes, or to receive an exemption from this requirement from
the City's Chief Building Official.
(20) Omitted.
(21) Omitted.
(23) to submit a detailed site servicing plan, showing all outlets to the existing
municipal infrastructure systems and any proposed removal of redundant service
connections; all to the satisfaction of the City's Engineering Services.
(24) to prepare a detailed emergency fire route plan showing any required emergency
fire routes and associated signage to the satisfaction of the City's Chief Fire
Official.
Site Plan Approval will be given once Sections A and B as detailed above have been satisfied and
the OWNER enter into an agreement, pursuant to Section 41 of the Planning Act, R.S.O. 19901
26
c. P.13, as amended, and By -law 86 -167, as amended, of the City of Kitchener which shall include
the following conditions:
1. The OWNER agrees to fulfil each of the general conditions which follow:
(a) to develop and maintain the site in compliance with the site plan, dated November 13,
2007, attached hereto as Schedule "B" and hereinafter referred to as the "Site Plan ".
Minor changes to the Site Plan and to the provisions of this Agreement, acceptable to the
City's Supervisor of Site Plan Development, may be permitted without an amendment to
this Agreement. Such changes shall be permitted only upon written approval from the said
Supervisor.
(b) Omitted.
(c) where the construction or demolition of a building, or buildings, or site development works
are, in the opinion of the City's Chief Building Official, substantially suspended or
discontinued for more than six months, the Owner shall forthwith provide suitable ground
cover to prevent soil erosion by wind, rain and snow for the protection of adjoining lands to
the satisfaction of the City's Chief Building Official.
(d) the Owner acknowledges that garbage collection for the proposed development shall be in
accordance with the applicable Municipal By -law.
(e) that the City may give a Release of this Agreement as it applies to the lands or portions
thereof except for this clause and any of the conditions related to site works which are
required by Section 4 to be maintained for the life of the proposed development.
2. Prior to occupancy of the proposed development the OWNER agrees to fulfil each of the
conditions which follow:
(a) Omitted.
(b) to install, at the Owner's cost and to the City's standards, new driveway ramps at grade with
the existing or future sidewalk.
(c) to make arrangements, financial or otherwise, for the relocation of any existing City owned
street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required due
to the location of buildings, structures, walkways, boulevards, driveways, curbing or
parking, to the satisfaction of the appropriate City Department.
(d) that any required "Emergency /Fire Routes" shall be established by the City's Chief Fire
Prevention Officer and that such signage shall be installed at the Owner's cost and to the
satisfaction of the City's Director of Transportation Planning.
(e) to install, at the Owner's cost, all required traffic signs, including directional, visitor parking
and barrier -free parking signs, to the satisfaction of the City's Director of Transportation
Planning.
(f) to erect the multiple unit identification sign in accordance with the approved concept plan.
(g) to install at the Owner's cost, any fire hydrant required by the Ontario Building Code as
27
directed by the City's Chief Building Official.
(h) to implement the conceptual building design in accordance with the approved building
elevation drawings
(i) Omitted.
3. Within six months of occupancy, or as soon as weather conditions permit, of the
proposed development, the OWNER agrees to fulfil each of the conditions which follow:
(a) to complete the site grading and drainage scheme in accordance with the Grading and
Drainage Control Plan that was satisfactory to the City.
(b) to complete any storm water management scheme and all related drainage control facilities
in accordance with the Plan accepted by the City's Engineering Services.
(c) to complete the tree management requirements for the lands in accordance with the
approved Tree Preservation /Enhancement Plan.
(d) to complete the landscaping in accordance with the approved Landscape Plan.
(e) Omitted.
(f) to install all fencing and visual barriers as indicated on the Site Plan in accordance with the
approved Landscape Plan and so as not to obstruct the visibility of vehicular or pedestrian
traffic.
(g) to complete, at the Owner's cost, the landscaping on all adjacent public property in
accordance with the approved Landscape Plan.
(h) to install 0.15 metre raised curbing in the locations shown on the Site Plan.
(i) to implement the approved Site Lighting Plan.
(j) to pave all areas intended to facilitate on -site vehicular movement, parking and loading, as
shown on the Site Plan, with hot -mixed asphalt or equivalent and to demarcate the parking
on said pavement.
(k) to submit to the City's Engineering Services (for storm water management, site grading)
and the City's Supervisor of Site Plan Development (for all other site development works)
Site Development Works Certification Forms prepared by the appropriate Consultants
certifying that the site development works required under this Agreement have been
completed in accordance with the respective plans prepared by such consultant and
accepted by the City. The Letter of Credit will not be reduced until such time as 50% of the
value of the site development works have been completed in conformity with the approved
design and a Site Development Works Certification Form submitted by the Owner and
found acceptable by the City's Engineering Services or the City's Chief Building Official for
all storm water management and /or grading works, including landscaping integral to such
works, required under this Agreement. Upon receipt of all other Site Development Works
Certification Forms required under this Agreement and same being submitted by the Owner
and found acceptable by the City's Supervisor of Site Plan Development, further reductions
28
for other site development works completed in conformity with the approved design, in
amounts in accordance with the cost estimate, may be permitted by the City.
(i) despite the foregoing, the City may, at its sole option, permit the Owner to provide
security for the completion of the site development works required in this
Agreement in accordance with the City's Letter of Credit Policy in effect on the date
that the Owner has completed all other requirements for issuance of the first
building permit for development of the lands in accordance with this Agreement.
(ii) the Letter of Credit shall be kept in force until the completion of the required site
development works in conformity with the approved design and the requirements of
this Agreement. If the Letter of Credit is about to expire without renewal thereof and
the works have not been completed in conformity with their approved designs, the
City may draw all of the funds so secured and hold them as security to guarantee
completion unless the City Solicitor is provided with a renewal of the Letter of Credit
forthwith.
(iii) in the event that the Owner fails to complete, to the satisfaction of the City's
Supervisor of Site Plan Development, the required site development works in
conformity with its approved design and the other requirements of this Agreement
within the time required by this Agreement, then it is agreed by the Owner that the
City, its employees, agents or contractors may, at the City's sole option and in
addition to any other remedies that the City may have, enter on the lands and so
complete the required site development works to the extent of monies received
under the Letter of Credit. The cost of completion of such works shall be deducted
from the monies obtained from the Letter of Credit. In the event that there is a
surplus, the City shall pay it forthwith to the Owner. In the event that there are
required site development works remaining to be completed, the City may by by -law
exercise its authority under Section 427. of the Municipal Act to have such works
completed and to recover the expense incurred in doing so in like manner as
municipal taxes.
(vii) other forms of security may be substituted for Letters of Credit, at the request of
the Owner, provided that approval is obtained from the City Treasurer and the
City Solicitor.
(I) to reconstruct the former main entrance gate feature including the curved brick wall
with concrete sill and brick pillars to the satisfaction of the City's Senior Heritage
Planner, in accordance with the location identified in the drawings prepared by
Meritech Engineering and the "Undertaking to Replace Heritage Walls" dated May
30, 2007 signed by Tanem Developments Ltd.
4. For the life of the proposed development, the OWNER agrees to fulfil each of the conditions
which follow and further agrees that the City shall not release this Section or any of the
conditions related to site works required to be maintained for the life of the proposed
development:
(a) to maintain any required storm water management scheme, in accordance with the scheme
that was satisfactory to the City's Engineering Services for the life of the proposed
development. To ensure such maintenance the Owner agrees:
29
(i) to inspect all parts of the storm water system at least once annually and remove all
debris and sediment therefrom.
(ii) to make all repairs and replacements necessary to assure proper operation of the
storm water system.
(iii) to ensure that no alterations are made to the storm water management ponds,
outlet controls and their appurtenances unless prior written consent is obtained from
the City's Engineering Services.
(iv) to ensure that no alterations are made to the approved grading and drainage
system that was satisfactory to the City, unless prior written consent is obtained
from the City's Engineering Services.
(v) that no material used to surface any parking or loading area shall be changed or
additional areas paved, unless prior written consent is obtained from both the City's
Engineering Services and the City's Supervisor of Site Plan Development.
(b) to maintain the grading and drainage scheme in a state acceptable to the City's
Engineering Services.
(c) to maintain the approved landscaping in a state acceptable to the City's Supervisor of Site
Plan Development.
(d) to maintain the approved outdoor lighting in a state acceptable to the City's Supervisor of
Site Plan Development.
(e) to maintain all required emergency, fire route and traffic signs, including directional, visitor
parking, and multiple unit identification signs, to the satisfaction of the City's Chief Fire
Official and the City's Director of Transportation Planning.
(f) Omitted.
(g) to maintain the existing treed area(s) in accordance with the approved Tree
Preservation /Enhancement Plan. Any future cutting of trees which have been identified for
preservation on the approved Landscape Plan will require either a further plan or study, as
determined by the City's Supervisor of Site Plan Development, to be submitted to, and
approved by, the City's Supervisor of Site Plan Development. Such study shall detail the
impact of tree removals on the trees to remain.
(h) that all garbage and recyclable materials shall be stored, pending disposal, inside the main
buildings unless outdoor garbage and recyclable materials containers approved in all
respects by the City's Supervisor of Site Plan Development are provided.
30
APPENDIX B
Councillor Berry Vrbanovic
Chicopee -Grand River Ward
ZC03 /15 /M /TMW
30CDM -03204
Tanem Developments Limited
Advertised in The Record — November 9, 2007
CITY OF KITCHENER
COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS
Invites
PROPERTY OWNERS AND INTERESTED PARTIES
To attend a
PUBLIC MEETING
TO DISCUSS A
PROPOSED ZONE CHANGE
UNDER SECTION 34 OF THE PLANNING ACT
501 -545 Morrison Road, 224 -226 Sims Estate Drive, 2 -10 Sims Estate Place
The subject property is currently developed with two single detached dwellings and is zoned
`Agricultural Zone (A -1), Agricultural Zone (A -1) with Special Regulation Provision 1R, and
Hazard Land (P -3) Zone'. The applicant proposes to rezone the subject property to `Residential
Two Zone (R -2), Residential Three Zone (R -3), Residential Six Zone (R -6), Open Space Zone
(P -2) and Hazard Land Zone (P -3)' to facilitate the development of the property with a vacant
land condominium development having 24 single detached dwellings (including retaining the 2
existing single detached dwellings on the property), 1semi - detached dwelling and 4 townhouse
dwelling units.
Special Regulation Provisions are proposed to be added to reflect the proposed locations of the
existing dwellings on their respective units within the condominium, to permit increased front
yard, rear yard and side yard setbacks for the Units proposed to be zoned `R -2', and a Special
Regulation Provision to permit more than one single detached dwelling to be developed on a
property to reflect that the property is proposed to be developed as a vacant land condominium
(File 30CDM- 03204).
The applicant also proposes to add special use provisions to limit the use of the lands proposed
to be zoned `R -2 and R -3' to single detached dwellings with the possibility for home businesses,
the use of the lands to be zoned `R -6' to semi - detached and townhouse dwellings with the
possibility of home businesses and the use of the lands to be zoned `P -2 and P -3' to only permit
cultural and historical features and flood protection works respectively.
The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES
COMMITTEE, a Committee of Council dealing with planning matters, on MONDAY, DECEMBER
3, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING
STREET WEST, KITCHENER.
31
Any persons may attend the Public Meeting and make written and /or verbal representation either in
support of or in opposition to the proposed Zoning By -law. If a person or public body that files
an appeal of a decision of City of Kitchener in respect of the proposed zoning by -law does
not make oral submissions at a public meeting or make written submissions to the City of
Kitchener before the proposed zoning by -law is adopted by City Council, the Ontario
Municipal Board may dismiss all or part of the appeal.
ADDITIONAL INFORMATION relating to the proposed Zoning By -law is available for inspection
between 8:30 a.m. and 5:00 p.m. at the Department of Development and Technical Services,
Planning Division, 6t" Floor, City Hall, 200 King Street West, Kitchener.
Tina Malone- Wright, MCIP, RPP
Senior Planner
741 -2765 (TTY -TDD — 741 -2385)
ti na. malonewrig ht @kitchener. ca
32
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Kitchener, , 2007
Mayor Carl Zehr and Members of Council:
Your Heritage Kitchener Committee recommends as follows:
1. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a
Notice of Intention to designate the property known as 787 -811 Morrison Road (Former Sims
Estate, Chicopee) as being of cultural heritage value or interest, with the following heritage
attributes:
Located on the east side of Morrison Road, the former Sims Estate, previously known as
"Chicopee ", is located on 40 acres of land (originally 45 acres) in the Grand River South
community. Municipally addressed 787 -811 Morrison Road, the property features a number
of built and natural heritage attributes including cultivated formal gardens and terraces
immediately surrounding a private estate residence built in 1929; a natural landscape setting,
featuring the steep slopes of the Grand River, woods, ravines, and wetland; a winding private
allee (or driveway) leading from former Old Chicopee Road over a private concrete and steel
bridge to the estate house; and a circa 1860s Mennonite Georgian stone farmhouse with
smoke house; and,
The estate residence was built by the architectural firm of Forsey Page and Steele in 1929
for Harvey Sims. It provides an architectural focal point for the property while at the same
time fitting harmoniously into the overall landscape design. The house itself is of a Tudor
style, which was fashionable in the 1920s and early 30s. It features an animated,
asymmetrical compilation of projecting and retreating steeply gabled roofed sections, tall
chimneys, multiple dormers and bay windows. The success of the design lies in part with its
pleasing scale, lively composition and compatibility with the site; and,
The one - and - one -half storey stone farmhouse and accessory smoke house have frontage
onto the former Old Chicopee Road. The farmhouse, built of uncoursed rubble stone may
date to the 1850s as it is reported that Karl Schlee lived in the stone cottage with his family
from 1854 to 1897. The farmhouse is built in the traditional Mennonite Georgian style and
formed part of a 10 acre working farm. One of Karl Schlee's sons George Schlee (born
1858), reportedly renovated the farmhouse and built the existing stone smokehouse in the
1880s. The smokehouse is in near original condition; and,
Access to the estate is gained from former Old Chicopee Drive via a private tree lined road or
allee over a concrete bridge traversing the Chicopee Creek and ravine. The allee winds its
way through the property offering numerous and varied views of the landscape, and ends in
a circular drive in front of the estate residence complete with a central fountain. The private
bridge rests on large steel beams and features a decorative concrete baluster railing. The
allee was illuminated by electric lights on decorative lamp posts arranged alternating side to
side along the entire length of the allee from the bridge to the estate house. These features
contribute to the significance and interpretation of the property as a large private estate; and,
Two guest cottages were once located west of the estate residence at the top of the bank of
the Chicopee Creek ravine. It is reported that one cottage burned in a fire in 1949. The ruins
of one cottage remain standing, consisting of an ornate stone wood fireplace and chimney
bearing the name RIVERGLEN. Integral to the significance of the Borgstrom landscape plan
are the garden structures built to support the landscape design. The property features a
variety of garden structures; and,
That the designation makes reference to the following specific features of the Sims Estate,
being:
Built Heritage Features
Former Sims Estate Residence
All exterior elevations of the 1929 estate house including:
• Yellow brick walls.
• All windows, window openings, stone sills, brick voussoirs and keystones.
• All exterior doors and door openings.
• Roof, rooflines, and dormers.
• Brick chimneys.
• Bell Tower and Belfry on the garage roof.
Gardener's Cottage & Smoke House
All exterior elevations of the c. 1850s Gardener's House and Smokehouse including:
• Stone walls.
• All windows, window openings, and wood sills.
• All exterior doors and door openings.
• Gable roofs and rooflines.
• Brick chimney.
Guest Cottage Ruins
All features of the Guest Cottage ruins including:
• Stone chimney and fireplace bearing the name "RIVERGLEN ".
Cultural Heritage Landscape Features
Formal Cultural Heritage Landscape
All formal cultural heritage landscape features as follows:
• The rose garden structure with dry -laid stone sunken fence, stone steps and
bird bath.
• The concrete balustrade and brick wall with built in fountain separating the
terrace from the former alpine garden and its pergola.
• The lily pool and fountain.
• The entrance steps and square flagged walkway to the former cut flower
garden with central circular stone monument and circular kettle shaped water
pool.
• The fieldstone wall separating the vegetable garden from the orchard.
• The main entrance gate to the allee including the curved brick wall with
concrete sill and brick pillars.
• Concrete bridge.
• Herb Garden Fire Pit
• Pump House
• The allee and circular drive (including its alignment), and decorative electric
lamp posts.
• The stone gate entrance with curved wall and pillars at the rear entrance east
of the Gardener's House.
• Framed view and vista to the Sims Estate residence from the private road off
Morrison Road
• The spatial order of the terraces and gardens around the Sims Estate
residence.
Natural Cultural Heritage Landscape
All natural cultural heritage landscape features including:
• Wooded valley of Chicopee Creek, treed banks of the Grand River, upland
forest and the wetland; and further,
That the following clause be added to the proposed designating by -law, following the
heritage attributes section:
"Notwithstanding the foregoing, new residential building construction (not including
additions or alterations to the built heritage features identified in this by -law),
consistent with the Riverglen Estates Design Guidelines prepared by MHBC Planning
Limited dated March 29, 2007 and as appended hereto; is deemed not likely to affect
the heritage attributes and is not subject to the approval process under s. 33(1) of the
Ontario Heritage Act. A review process has been outlined in the design guidelines to
ensure the appropriate development of this property."
HERITAGE PROPERTY REPORT
787 -811 Morrison Road
Former Sims Estate (Chicopee)
Municipal Address: 787 -811 Morrison Road,
Kitchener
Legal Description: Tract German Company Pt
Lots 118 & 124 RP58r4581 Part 2
Year Built: c1850s (Gardener's Cottage and
Smoke House)
c1929 (Estate Residence)
Style: Mennonite Georgian (Cottage)
Tudor Revival (Estate Residence)
Original Owner: Schlee /Heinrich Families (Farm)
Harvey Sims (Residential Estate Property)
Condition: Very Good
HISTORICAL SIGNIFICANCE
The many historical references associated with the former Sims Estate property are of particular
heritage significance.
George Schlee (1854 -1944)
Karl Schlee lived in the "Gardener's House" and operated a farm on the property with his family
from 1854 to 1897. His son, George Schlee was born in 1858 and reportedly renovated the
farmhouse and built the existing smokehouse on the property in the 1880s.
George Schlee's contributions to Berlin/Kitchener were varied and numerous. After apprenticing
as a Mason for 6 years, George Schlee joined the contracting firm of Jacob Baetz at age 22. Eight
years later he bought out Baetz and began a notable and successful career as a builder of houses,
churches, factories and other buildings locally. Structures attesting to the skill of George Schlee
as a builder include the KW Hospital, the Walper Hotel and the Zion Evangelical Church.
In addition to being considered one of the community's most active builders at the turn of the
century, George Schlee is credited with bringing the rubber industry to Berlin. After visiting a
rubber manufacturing facility in Akron, Ohio in 1898, George Schlee was convinced bringing
the rubber industry to Berlin would be a logical offspring to previously established
manufacturing activities (i.e. the leather industry). In 1899, Schlee, Jacob Kaufman, A.L.
Breithaupt and Louis Weber established the first rubber company in Berlin, The Berlin Rubber
Company, and began manufacturing what would become Berlin's leading industry after the turn
of the century.
January 2007
The creation of the Berlin Rubber Company soon led to the establishment of other noteworthy
companies including Merchants Rubber, Kaufman Footwear and Dominion Tire. George Schlee
stayed with the Berlin Rubber Company until 1906 when he sold his shares to A. L. Breithaupt.
George Schlee then established the Berlin Button Works Company located on Duke and Victoria
Streets. Berlin Button Works would later become the Kitchener Button Company, the last facility
to manufacture buttons in Kitchener.
Harvey J. Sims (1871 -1945)
Harvey J. Sims purchased the subject property in 1920 and transformed "Chicopee" into his
private family estate.
Harvey "Peter" J. Sims, K.C. was important to the community life of Berlin/Kitchener. He was a
graduate of the University of Toronto and completed his law course at Osgoode Hall. In 1921 he
was made King's Counsel and acted as Kitchener's City Solicitor for many years. His
professional career was distinguished with his association with the firms Millar and Sims; Sims
and Bray; and the Mutual Life Assurance Co. of Canada, for which he served as general counsel.
He was known throughout the Dominion as one of the leading authorities on insurance law.
Sims was also known as a keen sportsman. He was a member of the Kitchener rink which
represented Canada at the 1932 Winter Olympics; past president of the Ontario Bowling
Association and the Ontario Curling Association; and was one of the founders of the KW Granite
Club. Sims also took interest in the work of the Rotary Club and was a charter member. He was
also a member of the Twin City Lodge; honorary colonel of the Scots Fusiliers; was on the
senate of the University of Waterloo and served as director for a number of companies and
boards including the Waterloo Trust and Savings Co., the Economical Fire Insurance Company,
and the Blue Top Brewing Company.
Canadian Prime Minister MacKenzie King was a lifelong friend and associate of Sims. Sims
served as Mackenzie King's campaign manager in the future Prime Minister's first parliamentary
election campaign in Waterloo North in 1908. The two men shared a passion for landscaping
their country homes in the British tradition. In fact, as Prime Minister, Mackenzie King was a
frequent visitor to "Chicopee" and it is said got ideas for his "Kingsmere" estate in Ottawa from
his visits to Chicopee. Harvey J. Sims was inducted into the Waterloo County Hall of Fame in
1992.
Forsey Page &Steele (Architects)
The main estate house was designed by the architectural firm of Forsey Page & Steele in 1929.
The firm was established in 1926 and flourished in the 1930s as designers of substantial private
residences, particularly in the Forest Hills area of Toronto, many of which were published in
contemporary periodicals. Today, their designated Garden Court Apartments on Bayview
Avenue in Toronto, among others, is considered to be a highly significant component of that
City's architectural heritage. The firm continues to practice today under the name of
PagePlusSteele, Inc. Architects. (Chapple 2002)
January 2007 2
Carl Borgstrom of Borgstrom and H.M.S. Carver (Landscape Architects)
The landscape plan for "Chicopee" was designed by the firm of Borgstrom and H.M.S. Carver in
1933 (see plan below). Carl Borgstrom, who was trained in Europe, established himself as a
leading landscape architect in Ontario with winning the Northwest Entrance competition in
Hamilton. As part of this commission, Borgstrom designed the Rock Garden in 1928, the first
component of the Royal Botanical Gardens in Hamilton, Canada's largest botanical garden.
In 1934, both Borgstrom and Humphrey Carver were founders of the Canadian Society of
Landscape Architects and Town Planners. Borgstrom's designs were influenced from his
European experience with formal and informal landscapes and his following the lead of noted
North American landscape architect Frederick Law Olmstead, which is evident in his
understanding and appreciation of Chicopee's natural scenic setting. His plan for Chicopee was
featured in the August 1933 publication of Canadian Homes and Gardens. Borgstrom's
influence on landscape architecture in Ontario is considered significant and he is rated among the
most outstanding landscape designers of the early twentieth century in Ontario. (Chapple 2002)
January 2007
BUILT HERITAGE SIGNIFICANCE
.1�itP Detail
The former Sims Estate, previously known as "Chicopee ", is located on 40 acres of land
(originally 45 acres) addressed 787 -811 Morrison Road in the Grand River South community.
The property features a number of built and natural heritage attributes including cultivated
formal gardens and terraces immediately surrounding a private estate residence built in 1929; a
natural landscape setting, featuring the steep slopes of the Grand River, woods, ravines, a small
lake and open parkland; a winding private allee (or driveway) leading from former Old Chicopee
Road over a private concrete and steel bridge to the estate house; and a circa 1860s Mennonite
Georgian stone farmhouse with smoke house.
Plan, Stories &Bays
Main House
The main house is two stories with an irregular plan. There are ten bays on the front (west)
elevation, five bays on the north side elevation, ten bays on the rear (east) elevation and seven
bays on the south side elevation.
Gardener's House
The Gardener's House is one - and -a -half stories with a rectangular plan. There are three bays on
the front elevation, two bays on the side elevations and two bays on the rear elevation.
Building Material and Detail
Main House
The main house is constructed of yellow brick with darker yellow brick voussoirs and stone
keystones and window sills. The roofing is asphalt and there is synthetic siding on dormers and
gable ends.
Gardener's House
The Gardener's House is constructed of fieldstone and has a yellow brick chimney and a
vestibule and lean -to clad with synthetic siding.
Roof & Roofline
Main House
The Main House features an animated, asymmetrical compilation of projecting and retreating
steeply gabled roofed sections, tall chimneys, multiple dormers and bay windows.
Gardener's House
The Gardener's House has a side -gable roof with a simple wood box cornice and a straight
roofline.
January 2007
Main House -West (Front) Elevation
The front elevation
comprises five main floor
windows with modern
.. .. ..
nine- over -nine sashes an
xx
wood shutters, dark
yellow brick voussoirs
and keystones. The
recessed entrance features
a simple Classical style
entrance with entablature,
paneled walls and ceiling,
and wood door. There are
three gabled dormers
with modern six - over -six
sashes and vinyl cladding
on the sides and in the gables. There is one window in the west end gabled bay with modern six -
over -six sashes, wood shutters, dark yellow brick voussoirs and stone sill. The attached garage
has three bays with wood doors. There are two hipped -roof dormers with modern six - over -six
sashes and a belfry centred on the ridge. A yellow brick chimney is located between the fifth and
sixth bays. On the second floor of the seventh bay is a small round window.
North (Side) Elevation
The north elevation has a steeply - pitched
gable and a central brick chimney. Two
small rectangular windows are located on
the second floor. The side of the east and
west bays are visible on this elevation as is
the east -side porch. The side of the garage
can be seen with gable roof and flush
chimney stack, two main floor windows
with shutters, and a circular window at the
second storey level.
January 2007 5
East (Rear) Elevation
The east elevation features four tall
nine - over -nine windows with
decorative wood shutters, brick
voussoirs and keystones. The
entrance has a x door with six -pane
sidelights. There are two additional
rectangular windows on the south
end of this elevation with nine -
over -nine windows. There are
three gabled dormers on the roof
with six - over -six windows and
synthetic siding in the gable ends.
There is a double -light window in
the south bay with six - over -six
windows concrete sill and brick
voussoirs above. The north bay has two rectangular windows with six - over -six sashes, concrete
sills and brick voussoirs above.
South (Side) Elevation
The south elevation features
an enclosed porch with seven
nine - over -nine windows and
a flat roof. There is one
gabled dormer and two
hipped -roof dormers, all
having six - over -six windows.
The west end of the elevation
features the south side of the
garage with steep gabled roof
with new double -light
windows with six - over -six
sashes. Attached to the
garage is a smaller gabled
bay containing an entrance having a wood door with six lights and a narrow rectangular vent
opening with a concrete sill in the gable end. There is a sheltered entrance at the juncture of the
garage and house with a flat roof. There is one rectangular window with eight- over -eight sashes
and concrete sill. One small rectangular window containing six panes is located next to the
enclosed porch. A brick chimney is located on the east elevation.
January 2007 6
GARDENER'S HOUSE & SMOKEHOUSE
Front (North) Elevation
The front elevation consists of two rectangular windows with six - over -six sashes and wood sills.
There is a modern enclosed vestibule located centrally on this elevation. The roof and roofline is
straight with a simple box cornice.
Side (West) Elevation
The west elevation features two second storey windows with six - over -six sashes and wood sills.
A modern, one - storey enclosed porch with shed roof and clad with vinyl siding is located on this
elevation. The gabled roof has a simple wood box cornice.
January 2007
Rear (South) Elevation
The rear elevation consists of a small square
window with four panes and a rectangular
window with six - over -six sashes and wood
sills. The roof and roofline is straight with a
simple box cornice.
Side (East) Elevation
January 2007
The east elevation features two
rectangular windows on the first and
second floors with six - over -six sashes
and wood sills. There are two small
basement windows with two panes
each. The gabled roof has a simple
wood box cornice and there is a brick
chimney located in this gable end.
Smokehouse
The smokehouse is constructed of
randomly coursed fieldstone with a front -
gable roof and wood panel door.
The Cottage Ruins
Two guest cottages were once located west of the estate
residence at the top of the bank of the Chicopee Creek
ravine. It is reported that one cottage burned in a fire in 1949.
The ruins of one cottage remain standing, consisting of an
ornate stone wood fireplace and chimney bearing the name
RIVERGLEN.
January 2007
CULTURAL HERITAGE LANDSCAPE SIGNIFICANCE
The Natural & Formal Landscape
The former Sims Estate property is situated in a natural setting which boasts a wetland area,
deeply wooded ravines, Chicopee creek, and steep sloping lands leading to the Grand River. In
1933, a landscape plan for "Chicopee" was prepared by the design firm of Carl Borgstrom and
H.M.S. Carver. The successful integration of the natural landscape with a formally designed
landscape is of particular significance.
Borgstrom's Plan capitalized on the natural merits of the site by opening views to the water;
enhancing the deep wooded ravine with ponds, a bridge, and a long curving driveway; and
converting lands to the west of the property into a vast open park punctuated by specimen trees
and a reflecting small lake. He also added several formal gardens and landscape features which
served as extended outdoor rooms to the main estate house including cutting gardens, lily pond,
rose garden, alpine garden, and a pergola. While these formal gardens are no longer in function
today, the underlying structures which support the gardens continue to exist, as does the
opportunity and possibility of re- establishing the gardens themselves. The landscape was further
enhanced with entrance gates, stone walls, stone terraces, fountains and other features. The
extent of the park, the structure of the gardens, as well as many of the man -made elements have
survived relatively intact. (Chapple 2002).
Concrete Bridge, Circular Drive & Allee
Access to the estate is gained from former Old Chicopee Drive via a private tree lined road or
allee over a concrete bridge traversing the Chicopee Creek and ravine. The allee winds its way
through the property offering numerous and varied views of the landscape, and ends in a circular
drive in front of the estate residence complete with a central fountain.
January 2007 10
The private bridge rests on large steel beams and features a decorative concrete baluster railing.
The allee was illuminated by electric lights on decorative lamp posts arranged alternating side to
side along the entire length of the allee from the bridge to the estate house. These features
contribute to the significance and interpretation of the property as a large private estate.
The Garden & Landscape Structures
Integral to the significance of the Borgstrom and Carver landscape plan are the garden structures
built to support the landscape design. The property features a variety of garden structures
including:
• The Rose Garden structure with dry -laid stone sunken fence, stone steps and bird bath.
• The concrete Balustrade and brick wall with built in fountain separating the Terrace from the
former Alpine Garden and its Pergola.
• The Lily Pool and Fountain.
• The Entrance steps and square flagged walkway to the former Cut Flower Garden with
central circular stone monument and circular kettle shaped water pool.
• The fieldstone wall separating the vegetable garden from the Orchard.
• The main entrance gate to the allee including the curved brick wall with concrete sill and
brick pillars.
• The stone gate entrance with curved wall and pillars at the rear entrance east of the
Gardener's House.
• Borgstrom Plan- landscape design using existing landscape.
January 2007 11
CONCLUSION
The property municipally addressed 787 -811 Morrison Road meets the criteria for heritage
designation as established in the Municipal Plan and Ontario Heritage Act.
The property showcases the work of prominent individuals and professionals including the
architectural firm of Forsey Page & Steele; the landscape design firm of Borgstrom and H.M.S.
Carver; and the building /masonry work of George Schlee. The property is associated with a
number of individuals who have made significant and varied contributions locally, provincially
and nationally including George Schlee, Harvey J. Sims, and more indirectly Prime Minister
William Lyon Mackenzie King. The property exhibits excellent examples of mid to late 19th
century Mennonite Georgian architecture and a 1930s country estate residence in the Tudor style,
all of which should be considered significant; and the Sims Estate represents the end of an era
and a rare survivor locally of the social tradition of wealthy property owners transforming their
property into an integrated landscape composition.
January 2007 12
787 -811 Morrison Road
Riverglen Estates (Former Sims Estate /Chicopee)
Statement of Cultural Heritage Value or Interest
Located on the east side of Morrison Road, the former Sims Estate, previously known as
"Chicopee ", is located on 40 acres of land (originally 45 acres) in the Grand River South
community. Municipally addressed 787 -811 Morrison Road, the property features a number of
built and natural heritage attributes including cultivated formal gardens and terraces immediately
surrounding a private estate residence built in 1929; a natural landscape setting, featuring the
steep slopes of the Grand River, woods, ravines, and wetland; a winding private allee (or
driveway) leading from former Old Chicopee Road over a private concrete and steel bridge to
the estate house; and a circa 1860s Mennonite Georgian stone farmhouse with smoke house.
The estate residence was built by the architectural firm of Forsey Page and Steele in 1929 for
Harvey Sims. It provides an architectural focal point for the property while at the same time
fitting harmoniously into the overall landscape design. The house itself is of a Tudor style, which
was fashionable in the 1920s and early 30s. It features an animated, asymmetrical compilation of
projecting and retreating steeply gabled roofed sections, tall chimneys, multiple dormers and bay
windows. The success of the design lies in part with its pleasing scale, lively composition and
compatibility with the site.
The one - and - one -half storey stone farmhouse and accessory smoke house have frontage onto the
former Old Chicopee Road. The farmhouse, built of uncoursed rubble stone may date to
the1850s as it is reported that Karl Schlee lived in the stone cottage with his family from 1854 to
1897. The farmhouse is built in the traditional Mennonite Georgian style and formed part of a 10
acre working farm. One of Karl Schlee's sons George Schlee (born 1858), reportedly renovated
the farmhouse and built the existing stone smokehouse in the 1880s. The smokehouse is in near
original condition.
Access to the estate is gained from former Old Chicopee Drive via a private tree lined road or
allee over a concrete bridge traversing the Chicopee Creek and ravine. The allee winds its way
through the property offering numerous and varied views of the landscape, and ends in a circular
drive in front of the estate residence complete with a central fountain. The private bridge rests on
large steel beams and features a decorative concrete baluster railing. The allee was illuminated
by electric lights on decorative lamp posts arranged alternating side to side along the entire
length of the allee from the bridge to the estate house. These features contribute to the
significance and interpretation of the property as a large private estate.
Two guest cottages were once located west of the estate residence at the top of the bank of the
Chicopee Creek ravine. It is reported that one cottage burned in a fire in 1949. The ruins of one
cottage remain standing, consisting of an ornate stone wood fireplace and chimney bearing the
name RIVERGLEN. Integral to the significance of the Borgstrom landscape plan are the garden
structures built to support the landscape design. The property features a variety of garden
structures.
January 2007 13
Heritage Attributes
Built Heritage Features
Former Sims Estate Residence
All exterior elevations of the 1929 estate house including:
• Yellow brick walls.
• All windows, window openings, stone sills, brick voussoirs and keystones.
• All exterior doors and door openings.
• Roof, rooflines, and dormers.
• Brick chimneys.
• Belfry on the garage roof.
Gardener's Cottage & Smoke House
All exterior elevations of the c. 1850s Gardener's House and Smokehouse including:
• Stone walls.
• All windows, window openings, and wood sills.
• All exterior doors and door openings.
• Gable roofs and rooflines.
• Brick chimney.
Guest Cottage Ruins
All features of the Guest Cottage ruins including:
• Stone chimney and fireplace bearing the name "RIVERGLEN ".
Cultural Heritage Landscape Features
Formal Cultural Heritage Landscape
All formal cultural heritage landscape features as follows:
• The rose garden structure with dry -laid stone sunken fence, stone steps and bird bath.
• The concrete balustrade and brick wall with built in fountain separating the terrace from
the former alpine garden and its pergola.
• The lily pool and fountain.
• The entrance steps and square flagged walkway to the former cut flower garden with
central circular stone monument and circular kettle shaped water pool.
• The fieldstone wall separating the vegetable garden from the orchard.
• The main entrance gate to the allee including the curved brick wall with concrete sill and
brick pillars.
• Concrete bridge.
• The allee and circular drive (including its alignment), and decorative electric lamp posts.
• The stone gate entrance with curved wall and pillars at the rear entrance east of the
Gardener's House.
January 2007 14
Framed view and vista to the Sims Estate residence from the private road off Morrison
Road
The spatial order of the terraces and gardens around the Sims Estate residence.
Natural Cultural Heritage Landscape
All natural cultural heritage landscape features including:
Wooded valley of Chicopee Creek, treed banks of the Grand River, upland forest and the
wetland.
January 2007 15
PROPOSED BY -LAW
NOVEMBER 14, 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
— Tanem Developments Limited — Morrison Road,
Sims Estate Drive and Sims Estate Place)
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 No. 264 and Schedule No. 274 of Appendix "A" to By -law Number 85 -1 are
hereby amended by designating as:
a) Residential Two Zone (R -2) with Special Use Provision 368U and Special
Regulation Provisions 468R and 469R;
b) Residential Two Zone (R -2) with Special Use Provision 368U and Special
Regulation Provisions 1 R, 468R and 469R;
c) Residential Two Zone (R -2) with Special Use Provision 368U and Special
Regulation Provisions 468R and 470R;
d) Residential Two Zone (R -2) with Special Use Provision 368U and Special
Regulation Provisions 1 R, 468R and 470R;
e) Residential Two Zone (R -2) with Special Use Provision 368U and Special
Regulation Provisions 468R and 471 R;
fl Residential Two Zone (R -2) with Special Use Provision 368U and Special
Regulation Provisions 1 R, 468R and 471 R;
g) Residential Three Zone (R -3) with Special Use Provision 369U and Special
Regulation Provision 372R;
h) Residential Three Zone (R -3) with Special Use Provision 369U and Special
Regulation Provisions 1 R and 372R;
i) Residential Six Zone (R -6) with Special Use Provision 370U;
j) Residential Six Zone (R -6) with Special Use Provision 370U and Special
Regulation Provision 1R;
k) Open Space Zone (P -2) with Special Use Provision 371 U; and
I) Hazard Land Zone (P -3) with Special Use Provision 372U,
instead of Agricultural Zone (A -1), Agricultural Zone (A -1) with Special Regulation
Provision 1 R, Property Detail Schedule 4, and Hazard Land Zone (P -3), Property Detail
Schedule 3, the lands described as Part of Lots 118 and 124, German Company Tract,
for the City of Kitchener. These lands are shown on Map No.1 attached hereto.
2. Schedules 264 and 274 of Appendix "A" to By -law 85 -1 are hereby further amended by
incorporating additional zone boundaries as shown on Map 1 attached hereto.
3. Appendix "C" to By -law 85 -1 is hereby amended by adding subsections 368, 369, 370,
371 and 372 thereto as follows:
"368 Notwithstanding Section 36.1 of this by -law within the lands zoned R -2 on
Schedules 264 and 274 of Appendix "A" and described as Part of Lots 118 and
124, German Company Tract, permitted uses shall be limited to a single
detached dwelling and a home business in accordance with the regulations of
Section 36.
369. Notwithstanding Section 37.1 of this by -law within the lands zoned R -3 on
Schedule No. 264 of Appendix "A" and described as Part of Lots 118 and 124,
German Company Tract, permitted uses shall be limited to a single detached
dwelling and a home business in accordance with the regulations of Section 37.
370. Notwithstanding Section 40.1 of this by -law within the lands zoned R -6 on
Schedule 264 of Appendix "A" and described as Part of Lots 118 and 124,
German Company Tract, permitted uses shall be limited to a semi - detached
dwelling, a street townhouse dwelling and a home business in accordance with
the regulations of Section 40.
371. Notwithstanding Section 28.1 of this by -law within the lands zoned P -2 on
Schedule 264 of Appendix "A" and described as Part of Lots 118 and 124,
German Company Tract, permitted uses shall be limited to a cultural or historical
establishment or feature and an environmentally sensitive area.
372. Notwithstanding Section 29.1 of this by -law within the lands zoned P -3 on
Schedules 264 and 274 of Appendix "A" and described as Part of Lots 118 and
124, German Company Tract, permitted uses shall be limited to flood protection
works."
4. Appendix "D" to By -law 85 -1 is hereby amended by adding subsections 468, 469, 470,
471 and 472 thereto as follows:
"468. Notwithstanding anything else in this by -law, within the lands zoned R -2 on
Schedule 264 of Appendix "A" and described as Part of Lots 118 and 124,
German Company Tract:
a) more than one single detached dwelling shall be permitted on a lot
without frontage on a public street, provided that each dwelling has direct
access to an internal private driveway /road that is a common element in a
registered Condominium to a public street and that each dwelling is a unit
in a Vacant Land Condominium.
469. For the purposes of Special Regulation Provision 468 each unit in a Vacant Land
Condominium shall comply with the regulations of Sections 5, 6.1 and 36.2.1 of
this By -law, with the front lot line deemed to be the shortest lot line abutting the
internal private driveway /road portion of the common elements in a
Condominium. Notwithstanding Section 36.2.1 of the by -law, within the lands
zoned R -2 on Schedule 264 of Appendix "A" and described as Part of Lots 118
and 124, German Company Tract, the minimum front yard setback shall be 10
metres, the minimum side yard setback shall be 2 metres and the minimum rear
yard setback shall be 10 metres.
470. For the purposes of Special Regulation Provision 468 each unit in a Vacant Land
Condominium shall comply with the regulations of Sections 5, 6.1 and 36.2.1 of
this By -law, with the front lot line deemed to be the shortest lot line abutting the
internal private driveway /road portion of the common elements in a
Condominium. Notwithstanding Section 36.2.1 of the by -law, within the lands
zoned R -2 on Schedule 264 of Appendix "A" and described as Part of Lots 118
and 124, German Company Tract, the minimum lot area shall be 1.16 hectares,
the minimum lot width shall be 87.5 metres and the minimum front yard setback
shall be 64 metres.
471. For the purposes of Special Regulation Provision 468 each unit in a Vacant Land
Condominium shall comply with the regulations of Sections 5, 6.1 and 36.2.1 of
this By -law, with the front lot line deemed to be the shortest lot line abutting the
internal private driveway /road portion of the common elements in a
Condominium. Notwithstanding Section 36.2.1 of the by -law, within the lands
zoned R -2 on Schedules 264 and 274 of Appendix "A" and described as Part of
Lots 118 and 124, German Company Tract, the minimum front yard setback shall
be 7.5 metres and the minimum side yard setback shall be 2 metres.
472. Notwithstanding Section 37.2.1 of the by -law, within the lands zoned R -3 on
Schedule 264 of Appendix "A" and described as Part of Lots 118 and 124,
German Company Tract, the minimum lot area shall be 0.13 hectares, the
minimum lot width shall be 88 metres, the minimum front yard setback shall be
3.5 metres, the minimum westerly side yard setback shall be 13 metres and the
minimum rear yard setback shall be 2.3 metres."
PASSED in the Council Chambers in the City of Kitchener this
day of , 2007.
Mayor
Clerk
°- 3
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��/oG�s90e �Z�� ydL vv PLAN O i
CD
Riverglen Estates
Design Guidelines
Prepared by MHBC Planning
Chapter One: Design Guidelines Purpose and Process .................................................................................................................. I
Vision...................................................................................................................................................................................................................................... I
Purpose................................................................................................................................................................................................................................... I
TheHomesite Design Approach ............................................................................................................................................................................................. 2
Chapter Two: The "Riverglen Estates" Concept ...........................................................................................................................
5
Views....................................................................................................................................................................................................................................... 7
ChapterThree: Homesite Planning ................................................................................................................................................
8
HomesiteNumbers and Selected Name ................................................................................................................................................................................. 8
Setbacksand Zoning ............................................................................................................................................................................................................ 10
HousingTypes ...................................................................................................................................................................................................................... 11
Gradingand Drainage ..........................................................................................................................................................................................................
11
Chapter Four: Architectural Guidelines ......................................................................................................................................
12
BuildingProportions and Massing ...................................................................................................................................................................................... 14
Rooflinesand Height ............................................................................................................................................................................................................ 16
Garagesand Entrance Courts ..............................................................................................................................................................................................
18
FrontDoors, Porches, Conservatories ................................................................................................................................................................................. 20
Windows................................................................................................................................................................................................................................
21
ArchitecturalDetailing ......................................................................................................................................................................................................... 22
AdditionsandAlterations .....................................................................................................................................................................................................
23
Penhurst Place and Wyndham Place (Lots 24 and 25) .......................................................................................................................................................
24
Chapter Five: Landscaping and Vegetation .................................................................................................................................
25
Trees......................................................................................................................................................................................................................................
26
Screeningand Fences ........................................................................................................................................................................................................... 27
Entranceand Driveway Landscaping .................................................................................................................................................................................. 28
AccessoiyStructures and Pools ...........................................................................................................................................................................................
29
HistoricAllee ........................................................................................................................................................................................................................
30
InternalStreetscape ..............................................................................................................................................................................................................
31
Vision Purpose
Riverglen Estates is a secluded enclave of exceptional homes Within this unique setting there is an opportunity to create a
reflecting timeless design principles. This cluster of stately
and dignified residences on generous landscaped homesites
have been carefully sited within a surrounding diverse nature
preserve including, the wooded valley of Chicopee Creek, the
treed banks of the Grand River, upland forest and wetland.
Great care has been taken to integrate these homes within this
natural setting as well as preserve the site's cultural heritage
and historic features.
new community of rare and exceptional quality. These design
guidelines are intended to assist the developer, the home-
owner, the designer, the builder, and the City, to realize this
opportunity. Design guidelines provide an assurance that this
goal will be achieved and maintained for the long term benefit
of the homeowner.
Photo f Bridge and Wooded Valley.- One element of the common nature preserve includes this picturesque view of the one lane bridge
over the wooded valley of Chicopee Creek.
The primary objectives of these guidelines are to;
Encourage diverse hope designs that are stately and di ni-
fied, of good proportions and with excellent design ea-
tures.
Design homesites that complement the natural landscape
features of the property.
Ensure that the Chicopee residence and Gardener's hope
are retained as unique hopes on this property.
M2,71,17115 NXIM
Realizing the extraordinary opportunity of Riverglen will re-
quire dedication by all involved— the owners, architects, build-
ers and City staff. MHBC Planning (in conjunction with the
developer) will review all design concepts relative to these
design guidelines and will assist in co- ordination with City of
Kitchener staff. The following sections detail the design proc-
ess involved in achieving a well designed homesite and resi-
dence.
Step one.- Select Your Homesite
The first step is to choose and secure your homesite. The con-
cept of homesite is discussed further in Chapter 3 of these
guidelines. Riverglen offers 26 homesites each with its own
unique setting, views, and amenities. The 24 single residence
Step Two.- Assemble a Design Team
For the Riverglen vision to be fully realized, each homeowner
should retain a design team with imagination and expertise.
The nature of Riverglen lends itself to custom home designers
and builders, that can adapt timeless design principles to cre-
ate a unique and contemporary home. An essential part of
Riverglen Estates is the integration of home with the natural
landscape.
N
Your design team should include a landscape architect to de-
sign and integrate outdoor with indoor spaces, while comple-
menting the public drives and natural areas of the site.
Step Three.- Understantlyour Homesite
Once you have selected your homesite and design team, we
encourage a full understanding of the site. Walk the entire
Riverglen estate to absorb the features this unique enclave has
to offer. Visit the existing "Chicopee" residence for architec-
tural inspiration. Explore the formal gardens and natural fea-
tures of the site to inspire your own landscape concepts.
Understand the existing views, features, grade, and orientation
of your homesite and in conjunction with your design team
initiate an exploration of elegant residential design marked by
refinement, grace and symmetry.
Step Four- Initial Concept Design
Once you have assembled a team that is committed to address-
ing your needs and realizing the Riverglen vision , you can
begin to design your home and homesite.
You should initially determine, what your main goals and ob-
jectives are, and what features you would like to include. Your
designers should then begin to develop conceptual drawings.
These concepts should undergo constant refinement until they
exemplify the Riverglen vision.
When your architectural and landscaping concepts have been
prepared, an initial design concept review will be arranged.
The initial review will be conducted by MHBC Planning on
behalf of the developer. MHBC will review your design con-
cepts to ensure they are in keeping with the overall design vi-
sion of Riverglen as set out in these Guidelines. This will also
include an initial review with City staff. As a result, further
concept refinement may be necessary.
I
The following is required at the time of your initial design
concept review;
• A Conceptual Homesite and Preliminary Landscape
Concept at a scale of either 1:200 or 1:250 showing;
- property lines
- driveway(s)
- setbacks
- walkway(s)
- grading and slopes
- patios /decks /terraces
- all proposed buildings
- existing vegetation to be
- accessory structures
saved.
- fences and walls
- new vegetation to be planted
• A perspective sketch(s)
of the most prominent and
"public" view of the home.
• Schematic /Conceptual Elevations of all building fa-
cades.
• Schematic /Conceptual Floor Plans for all floors.
• A summary of the design highlights for your homesite.
• Proposed exterior materials and finishes for the following
building elements;
-roof surface
-wall surface
-trim
-house doors
- window frames
- garage doors
-chimney
-eaves troughs
- porch /deck surface
-deck railing
-driveway
-any proposed fences
Step SiX.- Finalize Designs
After the initial design concept review, you should work with
your architect and landscape architect to refine your landscape
and building drawings. At this stage you should prepare final
site plans, landscape plans and building plans, sufficiently de-
tailed to address City of Kitchener heritage clearance and
building permit requirements.
I IF
The final design review includes MHBC Planning and City of
Kitchener staff. You should present all of your final plans and
drawings. Upon the approval of City staff, you are ready to
submit your drawings to the City of Kitchener for building
permit approval.
Step Eigh t: Construction and Move In
Once you have received a building permit from the City of
Kitchener, you may begin the construction of your home.
Once completed, your final step is to move in and enjoy the
unique experience that is Riverglen.
I'
The Riverglen Estates presents a unique opportunity to create
a residential enclave in harmony with the natural environment
and built heritage. The Riverglen Estates Plan has been de-
signed to preserve and buffer natural features and to integrate
heritage structures.
The name "Riverglen" reflects the site's special location and
is also the name of one of the former guest cottages located on
the property. The existing stone chimney and fireplace from
the guest cottage (with the name Riverglen set in small stones)
will be retained as one of many special features on the estate.
Homesites within Riverglen back onto upland forest, wet-
lands, and valley lands.
The Chicopee Creek ravine features a historic stone bridge.
Also on -site is the former Sim's residence, known as
"Chicopee" which will be retained on its historic homesite al-
most 3 acres in size. Riverglen has been carefully designed to
maintain Chicopee's prominence in the landscape.
Homesites within Riverglen have been designed with wide
frontages and generous depths to complement the character of
the estate. The northern parcel of Riverglen features a limited
number of townhomes and the existing Gardener's house, all
backing onto the Chicopee Creek ravine.
9
iews
One of the important heritage features within Riverglen Estates
is the Chicopee Residence, and the views to this house. River -
glen has been carefully planned to maintain these views.
The generous frontage of the "Chicopee" homesite retains tree
clusters which frame the view of the house. The street alignment
from Morrison Road has been conceived to maximize longer
view lines of the Chicopee house on its elevated terrace. These
views come into sight shortly after turning into the estate from
Morrison Road. As one moves easterly along the internal private
street, the views widen until a full view of the Chicopee resi-
dence is framed by trees on either side. Appropriate housing set-
backs along the internal street ensure the view is maintained.
View of the Chicopee esi e ce fig® ®i to on the adjacent figure
0
Your Homesite is a unique place Homesite Numbers and Selected Name
Like the "Chicopee" residence, we believe that each homesite 1. Bedford Park 9. Somerset
should have its own unique identity.
The following suggests names for each homesite. These
names have been selected from places in England where coun-
try "craftsman" style homes of the late 1800's were located.
Incorporating this identity into the landscaping design is en-
couraged.
2. Standen
10. Aldington
3. Kelmscott
H. Beresford
4. Colmore Copse
12. Eden Field
5. Avonmore
13. Aloorcrag
6 Windermere
14. Stokesay
7. Fernhurst
15. Habershon
8. Harpenden 16 Hampstead Garden
17.
Chicopee
18.
Wilsford
19.
Leyswood
20.
Ringwood
21.
Pembridge
22.
Oakham Place
23.
Abbotswood
24-25.
Penshurst Place
26-29.
Wyndham Place
30.
The Gardener's House
Setbacks and Zoning
Areas zoned Residential Two Zone (R -2) with Special Regula-
tion Provision 469R (Lots 1 -9 and 18 -23), have a minimum
front and rear yard setback of 10 metres (32.8 feet). The mini-
mum side yard setback shall be 2 metres (6.6 feet). These gen-
erous setbacks were chosen in order to reflect the greater set-
backs of the existing Chicopee residence.
Areas zoned Residential Two zone (R -2) with Special Regula-
tion Provision 471R (Lots 10 -16) have a minimum front yard
setback of 7.5 metres (24.6 feet). The minimum side yard set-
back is 2 metres 6.6 feet).
The Area zoned Residential Three Zone (R -3) with Special
Regulation Provision 472R (Lot 30) has a minimum front yard
setback of 3.5 metres (11.5 feet) and rear yard setback of 2.3
metres (7.5 feet). This reflects the existing site conditions of
the "Gardener's house."
Zoning is
The area zoned Residential Two Zone (R -2) (Lot 17) incorpo-
rates generous setbacks to maintain the setting for the
Chicopee Residence.
Areas zoned Residential Six Zone (R -6) (Lots 24 -29) have a
minimum front yard setback of 4.5 metres (6.0 metres for the
garage on semi - detached lots) and a minimum rear yard set-
back of 7.5 metres.
City of Kitchener Zoning By -law 85 -1 should be reviewed for
complete zoning provision information.
Using the previous zoning illustration, if your homesite is lo-
cated in Zone R -1, R -2 or R -3 your housing type shall be a
single detached dwelling. A home business is also permitted in
Zone R -1 and R -2. Home businesses accommodate small,
non - intrusive business activities, integrated into the interior of
the home.
If your homesite is zoned R -6 your housing type may be a
semi - detached residence or townhome.
Grading and Drainage
In designing your homesite, grading and drainage shall be in-
tegrated with the overall grading and drainage plan for River-
glen Estates.
191
A summary of these themes (or design components) as illus-
trated on the opposite page include;
• Steep roofs that add a unifying and sheltering design ele-
ment.
• Tall roof gables that accent building ends.
Use of second storey gable ends and dormers which add
massing interest and create a lower perception of building
height.
A sheltered front door in scale with the home creates a
welcome entrance.
• Multi paned windows crowned with keystones and brick
lintel accents create a stately effect.
Tall and distinctive chimneys add design interest and help
create a sense of of
0 An entrance court with a central landscape feature.
• A garage which connects to and complements the architec-
ture of the house.
Garage doors which are separated from and partly con-
cealed from the entrance court.
• Architectural details including cupola, round accent win-
dows, curved door top, brick banding courses, eave cor-
nices, etc., contribute to a quality built character.
110,
The Chicopee Residence
themes The existing "Chicopee " residence suggests many
architectural
Proportion is the relationship of the different parts of the build-
ing to each other and to the site. The parts of a well propor-
tioned building should be harmonious. Good proportions con-
vey a sense of order that all parts of the home are in appropriate
relationship. Initial designs should be refined to achieve proper
harmony.
The massing of a building is usually composed with a main vol-
ume complemented by smaller volumes (see the following dia-
grams). Projections from the main building add interest and
variety to the overall massing effect. Repeating roof pitches
provide an overall unifying element to the building design.
Many of the homesites in Riverglen are relatively wide (over 90
ft. in width) which facilitates the presentation of a wider facade
to the street. This provides the opportunity to create a house to
street orientation which is rare in contemporary subdivisions.
House designs should be stately, dignified, elegant, and gracious
as opposed to ostentatious.
At the smallest scale all parts of the building should be de-
signed proportionate to one another. Window openings
should be appropriate to the wall mass. The main door
should be apparent from the street yet be of a human scale.
Two storey, grandiose entrance canopies (the plantation ef-
fect) are not permitted.
An approach to proportion and massing. . 0
t The main two storey building volume defined by a
gable roof is...
2 Further varied by perpendicular gabled projections
and a connected garage...
3 Which is accented by smaller masses such as
chimneys, dormers and cupola.
4 Architectural details, windows and doors, and land-
scaping complete the composition.
Is
i
A consistent approach to roof design will result in one of the
most unifying elements of the Riverglen neighbourhood. The
roof is usually the largest single element of the home. Roof
form is determined by the floor plan and should be informed
from visualizing a variety of views of the house.
Generally pitched roofs are the preferred roof form and will be
the roof. Skylights, if used, should have a flat profile. These
features should be designed as integral components which
complement and animate the roof form and serve to modify
the perception of building height.
Roof features should be in proportion to overall building mass
and embody an element of restraint. For example, over sized
complemented by the numerous tall trees which provide a back turrets or towers, which would tend to look out of scale and
drop to the homesites. ostentatious, are to be avoided.
Linear gable roofs are preferred with a minimum roof pitch of A building height of one or two storeys is recommended.
6:12 for two storey homes and 8:12 for one story homes. The These heights with steeper roof pitches will tend to create a
following roof types are discouraged: stately building facade when their broadest dimension is pre-
sented to the street. This effect is possible given the generous
-flat roofs
-mansard roofs
- gambrel roofs
width of most of the homesites.
A two storey home on a rear walk out lot should incorporate
the upper floor into the roof for the rear facade. The intent is
Key massing and roof design elements include such treatments as to avoid the appearance of a sheer three storey wall in the rear
dormers, eaves, chimneys and sky lights to add visual interest to yard in favour of a more human scale two storey height to the
eaves.
In
A gable is the triangle formed by a sloping roof and is illustrated
by the top right figure. A building may be front - gabled or side -
gabled. The Chicopee Residence has both. Porches and dormers
may also be gabled.
A dormer is a window which is set vertically on a sloping roof.
The dormer has its own roof, which may be flat, arched, or
pointed. The Chicopee Residence features pointed dormers and
is illustrated in the bottom right figure.
IN
Gara es and Entrance Courts
9
Riverglen Estates has been designed with wide homesite frontages wherein front doors and windows are encouraged to be orien-
tated to the street in welcome. Streetscapes dominated by projecting blank garage doors are discouraged. The following guide-
lines apply:
The garage should be connected to the home, as a sub-
ordinate and separately designed form is contrib-
utes to overall massing and visual interest.
The face of the garage should, where possible, be set
back beyond the face of the house (i.e. further from the
street). This is especially encouraged for the
`entrance' homesites (1-2 and 22-23)
• Homesite layouts which provide for garage entry from
the side (so as to reduce or conceal the view of the ga-
rage doors) are encouraged.
• Garage architectural details should complement and
correspond with the character of the home. Roof
pitches should be consistent with those of the home.
Architectural features such as gable ends, window
treatments and finishing materials should all be in
keeping with the design of the of
Triple car garages should provide for a varied setback
of garage doors on different vertical planes.
Garage doors should have details compatible with
those of the house. Garage doors that present a tradi-
tional appearance are encouraged.
Homesite parking courts should be offset from the main drive-
way access and be appropriately screened with landscape treat-
ment.
A curving driveway and landscaping buffers the view of a parking court
andgarage.
IN
This contemporary 3 car garage features a window and gable end facing
tZ e street. Garage doors are staggered to soften their visual impact. The
roof pitch on this garage matches the house as do the quality and type of
materials. Dormers add visual interest and complement the design of the
19
Zouse.
In
Front Doors, Porches, Conservatories
Riverglen is a neighbourhood of welcoming homes pre-
senting a quality design appearance to the street. As noted
in the section on massing and proportion, front doors
should face the street and be of a human scale. Two storey
pillars and canopies (i.e. plantation style) are considered
out of scale.
Doors should be designed with quality materials and side
lites. Front porches are encouraged either to provide
weather shelter to the visitor or as a useful gathering area
in the front of the house. Porches should have sturdy tim-
ber and masonry structures, and should be enclosed under-
neath with wood or masonry skirts to present a solid ap-
pearance. The approach to the front door should be land-
scaped.
Conservatories and terraces, especially in the rear yard,
assist in integrating the home with the homesite and land-
scape.
ME
f�
Doors and windows provide visual interest and rhythm to a
house and project a sense of warmth and welcome. Window
openings should be appropriate to the wall mass.
Windows need to be designed from a functional floor plan per-
spective to ensure excellent light and views. In addition the
placement of the windows should present a balanced exterior
appearance. This is particularly critical on main building en-
trances visible from the street. Accent windows should be care-
fully placed for effect while avoiding a cluttered appearance.
New energy efficient windows are encouraged having good pro-
portions. The nine over nine, tall rectangular window propor-
tion (as in the Chicopee residence) is encouraged but other treat-
ments which reflect appropriate proportions will also be consid-
ered. As a general principle, a 2:1 or 3:1 ratio of length to width
is appropriate for Riverglen homesites window styles.
Detailing such as window sills, key stones, and lintels are en-
couraged to provide architectural detail and richness to the
home. Shutters, if proposed should be designed to appear func-
tional and should fit the window shape and style.
Architectural Detailing
Detail is essential to create human scale. Unique details are en-
couraged to add personal character to a home. Details may
range from chimney treatments, to exposed beams and columns,
to special window treatments, to brick courses, to banding and
eave cornices, brackets, and a range of other features.
Although the street facade is the most visible, homes should be
designed to be seen from all sides. Therefore, architectural de-
tailing should continue around the house and should not be fo-
cused solely on the facade. The colour and texture of materials
selected can also help to detail the building's elevations. Homes
that back onto commons should incorporate rear elevations with
as much design quality as much thought as street fronting fa-
cades.
Chimneys are an important historical element. Chimneys pro-
vide the opportunity for a substantial massing element built in
proportion to the residence. They should extend to the ground
with appropriate foundations. Stone, brick or stucco are appro-
priate chimney construction materials. Creative shapes and
chimney caps are encouraged in keeping with the overall theme
of the home.
Where gas fireplaces are used, side vent units should not be
placed in a prominent location such as facing towards the
street. Electrical metres and other appurtenances should be
carefully located and screened from view from the street and
recessed or concealed.
0
In particular, additions should be designed with special attention
to the guidelines dealing with building proportion and massing
(Pages 14 and 15) and the design principles on page 12. Ideally,
additions should fit with and complete the structure, be harmoni-
ous in overall scale and massing, have a complementary roof pitch
to the main structure and have window openings and other details
which balance and are in keeping with the overall design of the
home.
Site layout principles as outlined in this document should be care-
fully considered and includes such matters as design direction for
garages and entrance courts (page 18/19) and the direction pro-
vided on landscape elements in Chapter 5.
a
Wyndham Penhurst Place and
The Penhurst Place and Wyndham Place homesites are located
at the northern edge of Riverglen, adjacent to the existing Gar-
dener's house. The intent (through the design of the plan) has
been to provide a generous yard separation of 14 metres (46
feet) between the Wyndham homesite (lot 25) and the Gar -
dener's House.
The Gardener's house is Mennonite Georgian in style, and shall
be considered in the design of Penhurst and Wyndham Place. It
is not the intention that new development mimic the Gardener's
house, however adherence to conventional rules of symmetry
and proportion as well as massing, rooflines, and materials can
reflect basic themes. For example one and half and two storey
massing with a gable roof sloping towards the street should be
considered. Front doors should face the street. Windows should
have evenly divided multi -panes and have vertical, rectangular
proportions. Exterior cladding should consider the judicious use
of stone in balance with other materials.
View of the existing Gardener's house from the street.
1
Landscaping is and should remain an integral part of River -
glen Estates. Homesites within Riverglen Estates back onto a
diverse number of natural features which will provide a scenic
backdrop to new homes. In contrast the existing Chicopee
residence features formal English landscaping important to the
cultural heritage of the property.
Landscaping can be used to frame views, define outdoor
spaces, and enhance the architecture of homes. Landscaping
provides colour, and helps to mark the changing seasons. Ef-
fective landscaping will also protect and improve property val-
ues. Excellence in landscape design is encouraged in sympa-
thy with the natural features of the landscape.
View of the Grand River valleyfrom a promontory on the
a
Trees
Trees can transform a place easier than almost any other ele-
ment. Trees provide oxygen and shade, provide an instant
splash of colour, and help to create a landscape that is ever
changing.
Many of the Riverglen Estate homesites contain some mature
trees and vegetation. Each homesite will be subject to a tree
saving plan, and where a tree must be removed, an appropriate
replacement shall be provided. Deciduous trees are preferred
along the streetscape because their higher canopies allow
views and penetrating sunlight over and across front yards.
New plantings should be arranged in groups, as opposed to
straight rows. New plantings shall be native species, which are
more likely to survive and require less maintenance than ex-
otic species.
Clearing of existing vegetation outside of the homesite enve-
lope is not permitted. Carefully planned pathways providing
for passive recreation within natural areas, will be permitted.
These natural areas are to be jointly owned by the homeown-
ers and are to be managed with a philosophy of "good stew-
ardship".
W
Fences shall only be located behind the front building wall.
Fencing is not permitted in the front yards. However, low
hedges, stone walls, and other treatments may be permitted
where they are used more as landscape features than privacy
walls. The photograph on the bottom right shows an example
of front yard screening. Hedges mark the property line and
provide visual interest, but soften rather than block the view of
the house from the street.
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The entrance driveway and walkway to the homesite should
be given special landscaping consideration. Landscape fea-
tures are encouraged to define where the driveway enters from
the street.
When designing your homesite you should ensure that your
home and its surrounding landscape are the main focus. Ga-
rages should be subordinate. Chapter 4 of these guidelines dis-
cusses garages and how these should be designed relative to
the house. Landscaping can also soften and screen the visual
appearance of garages. Landscaping that is carefully coordi-
nated with your homesite design can also partially screen the
garage.
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Accessory structures, such as gazebos, garden sheds and ca-
banas are permitted in rear yards, but should be designed to
complement the design of the home and landscape scheme.
Accessory structures should not exceed 200 square feet.
In-ground pools are permitted in rear yards. Security fencing
required with pools shall be subject to the design guidelines
related to fencing found herein as well as City of Kitchener
requirements.
into the overall landscape scheme and planned relative to
"outdoor rooms" and their relationship to the home's interior.
a
Historic Allee
A significant feature in Riverglen is the historic allee which will clusters along the south side of the allee will be saved where
serve as an emergency access. The allee is set within and along
a ravine and marked by decorative lamp posts. The landscaping
surrounding the allee, and in particular on lots that are adjacent
to the allee should enhance and preserve its picturesque nature.
The entrance gates to the allee will be relocated and restored.
The entrance gates, as well as the decorative lamp posts will be
maintained as part of the common element condominium.
Landscaping and fencing along the rear of homesites 18 through
23, abutting the allee, should consider design treatments which
retain the picturesque views along the allee. In part this is a
function of the tree saving plan wherein certain trees and tree
appropriate.
New landscaping should complement and carefully consider
the location of the saved trees in order to further frame the
views along the allee. Rear fencing along the allee should be
of a lower profile (approximately 4 feet in height), be of wood
construction, and be of a consistent neutral stain. Alterna-
tively, portions of the rear lot line may be demarked by low
profile stone fences. Low profile shrubs and hedges should be
planted in the gaps between trees on the common element
side of the rear yards of homesites 18 -23. This low profile
vegetation will help screen private fences from the allee. The
above treatments will be considered as part of the submis-
sions required by the homesite purchaser.
M
Internal Streetscape
As one enters Riverglen from Morrison Road the view will be of a picturesque resi-
dential streetscape terminating with a long view of the existing Sim's house. Street -
scape design will direct and enhance the view to this dwelling. The journey down
this curving road begins at the landscaped entrance feature, framed by two street
lights. Ornamental street lights are proposed that are reminiscent, yet different from
the lights along the allee. After the first curve in the road the long view of the
Sim's house is revealed. The long view to the house is framed by street trees and
the residential dwellings on both sides of the street. As one approaches the house
the view changes, offering a closer glimpse of the house framed by two street lights
and the corner dwellings on homesites 18 and 6. As one approaches point A on the
adjacent figure the view is reminiscent of the historic view of the Sim's house, and
is framed by strategically placed tree clusters.
Street lights will be located along the south side of the internal road as indicated in
the adjacent figure. Street trees will be permitted along both sides of the internal
road. However, the front yards of homesites 5 and 6 should be landscaped in a
manner that maintains the framed view of the Sim's residence. Larger trees should
be set back, and grasses, groundcover, and low - profile shrubbery should be located
in these front yards.
Examples of appropriate streetscapes are found in the various illustrations through-
out this document.
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