HomeMy WebLinkAboutDTS-09-133 - Subdivision 30T-07025-ZC07/26/H/HK-OPA07/14/H/HK- Becker Estates Inc-Fischer Hallman Rd
KITC~~R
Development &
Technical Services
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Development and Technical Services Committee
September 14, 2009
Alain Pinard, Director of Planning, 519-741-2319
Katie Anderl, Senior Planner, 519-741-2987
South Ward (Ward 4)
September 9, 2009
DTS-09-133
Subject: DRAFT PLAN OF SUBDIVISION APPLICATION 30T-07205
ZONE CHANGE APPLICATION ZC 07/26/H/KA
OFFICIAL PLAN AMENDMENT OP07/14/H/KA
FISCHER HALLMAN ROAD, HURON ROAD
BECKER ESTATES INC.
RECOMMENDATION:
That Official Plan Amendment OP07/14/H/KA, Zoning By-law Amendment
ZC07/26/H/KA, and proposed conditions of draft approval for Subdivision 30T-07205,
all as appended to Development and Technical Services Report No. DTS-09-133, be
endorsed in principle; and
That staff appear on behalf of the City of Kitchener at the forthcoming Ontario
Municipal Board hearing with respect to the appeals of the above noted planning
applications; and
That the Director of Engineering Services and the Director of Planning may approve
minor revisions to the text of the draft conditions as required as a result of the
resolution of the Ontario Municipal Board appeals; and further
That any recommendations from DTS Report No. DTS-09-133 not proceed to Council
until such time as Council received a report from staff with respect to an Offer to
Purchase that portion of Plains Road contemplated to be closed as a result of an
approval of Draft Plan 30T-07205.
EXECUTIVE SUMMARY:
The subject applications have been appealed to the Ontario Municipal Board by the
applicant. The owners have proposed a draft plan of subdivision, official plan amendment
and zone change for a subdivision on lands south of Huron Road and east of Fischer
Hallman Road in the Huron Community. Staff support the proposed plan of subdivision and
are seeking endorsement of the proposed conditions of approval together with the proposed
Official Plan Amendment and Zone Change and direction to proceed to the Ontario Municipal
Board.
The proposed applications would facilitate the development of the lands with a range of low,
medium and higher density residential uses. The lands also contain an elementary school
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site a large neighbourhood park and smaller parkettes. Space within several parks and
parkettes is dedicated to the appropriate commemoration of Plains Road. In addition, the
plan proposes an open space/wetland area, a stormwater management pond, trails and
walkways and can accommodate transit, cultural and natural heritage conservation, home
businesses, enhanced streetscape elements, traffic calming, multiple access locations to the
arterial street system and attention to built form.
BACKGROUND:
The subject lands are owned by Becker Estates Inc. and development applications were
submitted in 2007 by GSP Group. The lands are within the Urban Area, are designated Low
Rise Residential, and are zoned Residential Three Zone (R-3) with Holding Provision 17HSR
and Hazard Land Zone (P-3). The subject applications have been appealed to the Ontario
Municipal Board for failure to make a decision. As the application has been appealed to the
Ontario Municipal Board, the proposed conditions of draft approval, Official Plan Amendment
and Zone Change are being brought forward to Council for endorsement only. The final
decision on these matters will be made by the Ontario Municipal Board.
The original application proposed two large commercial blocks with a requested designation
of Mixed Use Node. The proposed redesignation required the submission of a Retail Market
Demand and Impact Analysis, which was submitted in support of the application. Staff
considered the proposal to redesignate the subject land to commercial, however have
deemed this premature until such time as the Fischer Hallman Corridor Community or
Secondary Plan has been completed. Similarly, staff consider the high-rise residential block
premature pending the outcome of the Community or Secondary Plan. This plan is a
recommended action item of the Kitchener Growth Management Strategy. It will identify the
preferred distribution of commercial and residential uses along the Fischer Hallman Corridor
and will guide future redesignation of lands. It is expected to be completed in approximately
two to three years time. Therefore, at staff suggestion, these lands have been shown in the
proposed draft plan as future development blocks. Staff expect that subject to an Official
Plan Amendment and Zone Change these blocks could be developed through the Site Plan
Approval process.
REPORT:
City of Kitchener Official Plan
The subject lands are designated Low Rise Residential and the woodland to the east is
designated Open Space in the City's Municipal Plan. The proposed plan requires
amendments to the Official Plan as follows:
• Map 2A (Natural Features) to adjust the One Zone Flood Plain Policy Area;
• Map 2B (Natural Features -Wetlands) to adjust the areas designated Locally
Significant Wetland;
• Map 4 (Transportation) to remove Plains Road as a Major Collector Road (Existing),
to remove the extension of Tartan Avenue onto the subject site as a Major Collector
Road and replace it with Street One and Street Fourteen as new Major Collector
Roads, and to add Street Seven, as a new Major Collector Road; and,
• Map 5 (Land Use) by redesignating a portion of the land from Open Space to Low
Rise Residential, and from Low Rise Residential to Medium Rise Residential.
The proposed changes to the Official Plan maps are further discussed in the Proposed
Official Plan Amendment attached as Appendix `A' to this report. Staff are of the opinion that
the amendments are appropriate.
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Huron Community Plan
The subject lands are located within the Huron Community. Several changes are required to
update the Huron Community Plan to reflect the proposed draft plan. These changes should
be made following OMB approval of the applications.
Zoning
The subject lands are currently zoned Residential Three Zone (R-3), Residential Three Zone
(R-3) with Holding Provision 17HSR, and Hazard Land Zone (P-3). To implement the draft
plan of subdivision, the proposed zoning would include a mixture of the following residential
zoning:
• Residential Four Zone (R-4) -single detached with minimum lot width of 9.0 metres,
semi-detached, duplexes with Special Regulation Provision 503 for certain areas to
ensure appropriate setbacks.
• Residential Four Zone (R-4) with Special Regulation Provision 503R - to ensure
appropriate setbacks near the commemoration park.
• Residential Six Zone (R-6) -single detached dwellings with minimum lot width of 9.0
metres, semi-detached dwellings, street fronting townhouses, multiples dwellings up to 3
storeys building height.
• Residential Six Zone (R-6) with:
• Special Use Provision 393 to permit coach house dwelling units
• Special Regulation Provision 502:
• to require minimum front yard setback of 1.5 metres and a maximum front yard
setback of 4.5 metres
• to create special parking and driveway regulations for lane based development
• to permit detached garages to have a maximum building height of 9.0 metres, a
minimum distance separation from the primary dwelling of 5.5.
• to allow additional home business uses in street-fronting townhouses
• to limit the number of dwelling units on a lot to two (i.e. in addition to the primary
dwelling unit, either a duplexed street fronting townhouse or a townhouse with a
coach house dwelling may be permitted).
• Neighbourhood Institutional Zone (I-1) -elementary school.
• Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 392 to allow
street fronting townhouses and home business uses.
• Public Park Zone (P-1) -neighbourhood park and parkettes.
• Open Space Zone (P-2) - stormwater management area.
• Hazard Land Zone (P-3) -wetland/woodland area and 30 metre buffer.
The proposed zoning by-law is attached as Appendix B. Staff are of the opinion that the
proposed zoning is compatible with the existing and planned development in the surrounding
area and would comply with the City of Kitchener Official Plan and proposed amendment.
Subdivision Design
The proposed subdivision achieves the design objectives set out within the City's Design
Brief for Suburban Development. In staff's opinion the development is well designed and
achieves walkability, variety, place-making, conservation, connectivity, safety, liveability,
balance and is transit supportive. The central design feature of the plan is a long linear park,
to be framed on either side by street fronting townhouses with garages having access to rear
lanes. This is complemented with a range of other residential uses including, single
detached dwellings, semi-detached dwellings, street townhouses, and a range of multiple
developments which will allow for cluster townhouses and apartment or condominium
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developments. In addition, the plan includes provision for enhanced home business
opportunities in appropriate locations and an elementary separate school. Commercial or
mixed uses are anticipated for `future development lands' located immediately adjacent to
Fischer Hallman Road. These lands will be considered for redesignation and rezoning
following the completion of the Fischer Hallman Road Corridor Design Study, the Southwest
Kitchener Transportation Plan, and the Fischer Hallman Corridor Community or Secondary
Plan (as contemplated by the Kitchener Growth Management Strategy (KGMS).
The proposed Draft Plan contemplates a modified grid street system which establishes
connections to the neighbouring subdivisions and to adjacent arterial roads. This subdivision
is planned to incorporate on-street parking, bike lanes, landscaped entrance features, and
traffic calming measures on priority streets such as centre medians and roundabouts. Transit
routes are proposed through the subdivision and transit is contemplated along Street One,
Street Two, Street Seven and Street Fourteen. The proposed plan also provides for
pedestrian connections to adjacent lands via walkways and a natural trail system though the
central park, stormwater management pond, and open space area.
The provision and integration of parks and open space is very important to the design and
liveability of this development. The central feature of the design of the plan is the long linear
park. This park will include formal passive features, active features and commemorative
features along the former alignment of Plains Road (which is proposed to be closed). The
central park is very visible within the community and has a large amount of frontage. The
large central park is complemented with a series of smaller parkettes which function as play
spaces as well as commemorative features within the plan. The central park connects to the
stormwater management pond and open space/woodland feature which will offer scenic
features and trails. The parks and parkettes are distributed so that all residents will be within
walking distance of a park or open space feature.
Heritage Resources have also been incorporated into the design of the proposed Plan.
These resources include the Becker Farmhouse located at 1940 Fischer Hallman Road, and
the alignment of Plains Road. The Becker Farmhouse will be incorporated into a future
development block and Design Guidelines will be developed and implemented at the time of
Site Plan Approval. Plains Road is proposed to be closed through the plan in the interest of
the overall subdivision design. However, Plains Road will be commemorated as a cultural
heritage resource along its length through the design of commemorative features including
the central park, a variety of parkettes and elements which can be incorporated into the road
right-of-way. Further discussion on the heritage resources is provided in the Heritage
section of this report.
With respect to the lotting pattern, every effort has been made to eliminate rear lotting along
arterial roads, by using alternatives such as window streets and side lotting. Throughout the
subdivision street-fronting dwellings will help provide a pleasing streetscape and special
attention to detail will be afforded to priority lots, including corner lots, park lots, terminating
vista lots, window street lots and gateway lots.
Heritage
A Heritage Impact Assessment (HIA) was prepared by Carson Woods Architects Limited
(October 2007) in support of the proposed subdivision. The HIA identifies several cultural
heritage resources on the property, including Plains Road, 1940 Fischer Hallman Road, 780
Huron Road and 163 Plains Road.
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163 Plains Road
At the time that the HIA was prepared this property consisted of a mixed farming compound
including a house, out buildings and a barn. Through the analysis it was determined that the
house did not merit conservation on-site. The HIA recommends that the house be
photographed and documented prior to demolition and that the front door and side panels be
salvaged and preserved as an artefact. Subsequent to the acceptance of this portion of the
HIA, a demolition control application was submitted and approved by Council on October 27,
2008, subject to completion and submission of photographic documentation and a the receipt
of an undertaking to donate the doorway and side panels. The house, previously located at
163 Plains Road has now been demolished in accordance with the conditions.
780 Huron Road
This parcel previously contained a mixed farming compound including a house, a barn, and a
small drive shed. The HIA found that the existing Victorian house had been repeatedly
renovated and altered and appeared to have been built over a log structure. The HIA
recommended a careful demolition of the house to extract and document any remaining
archaeological information and that any relevant artefacts should be deposited in an
appropriate local heritage museum. Subsequent to the acceptance of this portion of the HIA,
a demolition control application was submitted and approved by Council on October 27,
2008, subject to conditions requiring the submission of photographic documentation, scale
drawings, and a letter of undertaking agreeing that the owner's heritage consultant be
present on site during demolition, that the house be demolished with care and sensitivity to
allow the heritage consultant to assess the underlying log structure and should the log
structure be deemed worthy of retention, working with the City to identify options to establish
an appropriate level of conservation. The house previously located at 780 Huron Road has
now been demolished in accordance with the conditions.
1940 Fischer Hallman Road -The Becker Estate
This cultural heritage resource consists of a mixed farming compound including a house,
outbuildings, a maple syrup shed and barn. The house is located immediately east of
Fischer Hallman Road and was built circa 1870. The farmhouse is recommended to be
designated under Part IV of the Ontario Heritage Act and staff intend to put forward an intent
to designate the subject property.
The HIA finds that the house is a cultural heritage resource worthy of preservation, but while
the farm yard is attractive it does not have compelling heritage value on its own. The HIA
indicates that so long as the house is preserved there is opportunity for creative alteration of
the surrounding environment. Adaptive reuse is considered a reasonable approach to
conserving the house and it is recommended that the best urban design practices be
employed to ensure that any new development respects the scale and quality of the house.
Both City staff and the proponent also recognize the cultural heritage value of the farmhouse
and share the common objective of conserving the farmhouse within the proposed plan of
subdivision.
Due to the ongoing Fischer Hallman Corridor Design Study and the future Fischer Hallman
Corridor Community or Secondary Plan, staff recommend that the redesignation and
rezoning of the block containing the Becker House be held until these studies and plans
have been completed. The applicant has agreed to this approach and the subject block is
shown on the draft plan as a Future Development Block. The subject lands are included as
part of the subdivision and a number of conditions have been included ensuring appropriate
conservation and site design, however these lands still require redesignation, rezoning and
site plan approval before they may be developed.
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As these lands may not be redeveloped for some time a Conservation Plan was prepared
and approved by staff. The Conservation Plan outlines the measures necessary to ensure
that the heritage resource is conserved, monitored and maintained. Conditions of draft
approval, including requirements for a letter of credit, have been included to ensure that the
farmhouse is appropriately conserved.
High-rise residential uses were contemplated for this site, however this use cannot be
confirmed until the Fischer Hallman Corridor Community or Secondary Plan have been
completed. Prior to redevelopment of the site the owner will be required to submit an new
HIA or addendum to the existing HIA to address the specific impact of the proposed
development on the farmhouse together with Heritage Design Guidelines addressing the
design and development of the associated lands and the restoration and reuse of the
farmhouse. Conditions of draft approval have been included in this regard.
Plains Road
Plains Road between Huron Road and Fischer Hallman Road has been identified in the HIA
as the primary a cultural heritage resource of the development site. This is related to its
history and diagonal geometric alignment. Plains Road can be traced back to the early
development of this region and formed part of an early alignment of the Huron Road trail
which extended from Guelph to Goderich and facilitated development in inland Upper
Canada. This road is currently a rural cross-section, with a hilly terrain, and has non-
standard angles at the intersections with both Huron Road and Fischer Hallman Road.
Staff together with the applicant and owner have explored various designs of the proposed
plan of subdivision that would allow Plains Road to be maintained as a right-of-way in its
current alignment. It has been found that maintaining the diagonal alignment of Plains Road
results in a less efficient street pattern and limits the City's ability to meet urban design goals
and density targets. As such, the owner is proposing closure of Plains Road and
commemoration along its alignment via a series of parks, parkettes and the location of
commemorative elements within the former road right-of-way. This approach allows the
public to experience the road and learn about its antiquity and importance in building the
community. The contents of the parks and parkettes are outlined in the Parkland Section of
this report.
An Environmental Assessment (EA) has been completed for the proposed road closure.
The EA references the fact that the road is of heritage significance and should only be closed
subject to appropriate commemoration. The Plains Road Commemoration Design Brief
prepared by GSP Group (August 2008) was prepared with respect to Plains Road and
recommends that the Plains Road alignment be incorporated into a series of parks and
parkettes. As such, the plan contains a series of park and parkette blocks along the road's
alignment. These parks will contain interpretive features to highlight the location of the
former roadway and information plaques to inform the community of the historical
significance. Conditions of draft approval have been included regarding the completion of
the detailed design for the Commemoration Parks. In addition, the owner will share the costs
of developing the commemorative areas with the City. Conditions of draft approval are
included in this regard.
It is intended that Plains Road will be closed prior to the commencement of any site works.
The Subdivider will be responsible for all costs associated with the legal and physical closure
of the road and staff are supportive of closing the road and conveying it. This process will
occur separately from this report. The majority of the lands for the commemoration will be
dedicated back to the City through standard subdivision processes for park and right-of-way
purposes, however some of the lands will be maintained in City ownership.
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There are currently several residents who rely on Plains Road for access to their properties.
The EA recommends interim and final solutions for the closure of the road to ensure access.
As an interim measure Plains Road will be open only to Fischer Hallman Road and a
temporary turnaround will be located within Stages 9 and 10 of the proposed plan. As a final
solution the temporary turnaround will be removed and the short section of Plains Road will
be connected to Street Eight.
Parkland
The parkland dedication for the plan of subdivision will be satisfied through the conveyance
of a large central park, a neighbourhood park, and four parkettes. A key element in the
design of four of the parkettes and a portion of the neighbourhood park is the
Commemoration of Plains Road. As discussed previously Plains Road is one of the heritage
resources located within this plan and commemoration is accepted as a means of conserving
the former alignment of the road. Commemoration parks have been aligned so that they
intersect with the alignment of Plains Road. The alignment of Plains Road will be
emphasized within these spaces using various surface materials, grading, landscaping and
interpretive features.
The central park will provide a unique linear central park in the City of Kitchener. The park
will be framed by a ring road and townhouses which will front onto the park creating a unique
urban feel within the neighbourhood. The central park will be connected to the stormwater
management pond and wetland/woodland block and buffer with trails. The central park will
be a focal point of the neighbourhood and will create a vista looking east from Fischer
Hallman Road. The western portion of the central park is designed to be a formal and
passive park space. It will be designed to provide for seating, unscheduled open space,
landmark features, pedestrian/cycling connectivity and will contribute to an enhanced
streetscape and a prominent linear east/west corridor. The eastern portion of the central
park will contain a diagonal section commemorating Plains Road with appropriate
landscaping, signage, and other features which will help to reinforce its importance. This
section of the central park will also be designed to contain a play structure and an open
space area for unstructured and unscheduled active play.
A second neighbourhood park is located south of the proposed SWM block. While
programming will be determined as part of the detailed planning, staff expect that this space
could contain a play structure, open play space as well as provide a trail link.
Staff will continue to work with the applicant on the design of the parks. Conditions have
been included with respect to the timing of the design and construction of the parks to ensure
they are completed and delivered in a timely manner.
Natural Environment
The majority of the site consists of cultivated agricultural lands, together with farmhouses
and outbuildings. The primary natural feature is a portion of a four hectare woodlot and a
number of hedgerows which are mostly found along the property boundaries. The large
wooded area and wetland area will be conserved and protected. The hedgerow trees
associated with Plains Road will be removed, while the hedgerow demarcating the southern
limit of the plan can be retained.
There is also a small wetland near the northeast corner of the lands. This wetland has been
evaluated and is found to be isolated from other wetland communities due to watercourse
and drainage alterations from nearby developments. The environmental report submitted in
support of this application finds that this wetland does not appear sustainable and is not
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recommended to be retained. City staff and the Grand River Conservation Authority concur
with these findings.
Stormwater Management
Stormwater management will be accommodated in one large SWM facility located in Stage
One. The SWM facility will occupy a 3 hectare block located adjacent to the wooded area.
Sanitary/Water Servicing
All lots will be serviced with gravity sanitary drainage and municipal water servicing in
accordance with City standards. Sanitary servicing will be provided to the subdivision via the
South Strasburg Trunk Sewer. This sewer is not yet constructed and development cannot
proceed until such time as permanent sanitary services have been established. The sewer
will also need to be extended through the proposed plan and a draft approval condition has
been included to address this.
Utilities
Other utilities can be provided.
Traffic
A Traffic Impact Study has been prepared for the proposed development and has been
reviewed and accepted by the Region and City. Appropriate conditions have been included
into the draft approval to ensure traffic improvements are provided at the appropriate stage
of the development.
Huron Road
An Environmental Assessment is currently underway for Huron Road. The Preliminary
Preferred Design recommends a 30 metre right-of-way. Subject to the final outcome of this
EA additional lands will be required from the subject subdivision to accommodate the future
right-of-way. This may result in future modifications to the proposed draft plan. This is
addressed through a condition of draft approval.
Emergency Access
The Becker Estates subdivision would comply with the City's Emergency Access Policy.
Agency Comments
Any requirements have been addressed or are included as conditions of approval.
Provincial and Regional Policy Considerations
2005 Provincial Policy Statement (PPS)
The PPS promotes building `healthy, liveable and safe communities', providing an
appropriate mix of different land use types, efficiently using services and facilities,
maximizing opportunities for public transit use, conserving cultural heritage resources, and
promoting intensification. Staff are of the opinion that the proposed plan of subdivision is
consistent with the 2005 Provincial Policy Statement (PPS).
2006 Growth Plan for the Greater Golden Horseshoe
The subject lands are within the `built boundary' as defined by the 2006 Growth Plan for the
Greater Golden Horseshoe. The Growth Plan promotes development which contributes to
complete communities, creates street configurations, densities, and an urban form that
supports walking, cycling and early integration and sustained viability of transit services,
provides a mix of land uses including residential and employment uses, and which creates
high quality public open spaces. Staff feel that the proposed draft plan complies with the
policies of the Growth Plan. It is noted that employment uses may be limited to home and
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live-work businesses and the school until such time as an Official Plan and Zoning By-law
Amendment for the commercial lands proceed. Furthermore, the proposed plan exceeds the
minimum density of 50 residents and jobs per hectare as set out in the Growth Plan.
1998 Regional Official Policies Plan
The subject lands are within the City Urban Area as established in the Regional Official
Policies Plan.
FINANCIAL IMPLICATIONS:
As a result of the proposed subdivision Plains Road is proposed to be closed and sold to the
Subdivider to be incorporated into the proposed plan. Some of the lands and value of Plains
Road will be reinvested in the community to help achieve appropriate commemoration of the
roadway. Upon registration, there will be immediate and ongoing operations costs for the
maintenance of the park spaces, open space/trail and stormwater management areas,
streets including street trees, boulevard treatments and traffic calming facilities, walkways
and underground services. In the long term, there will be repair and replacement costs for
streets, sidewalks, walkways, services and playground equipment.
COMMUNICATION:
The proposed draft plan of subdivision application and associated zone change application
were first circulated to departments, agencies and property owners within 120 metres of the
subject lands on March 31, 2008. Notice signs were placed on the subject site advising of
the applications. As this application rests with the OMB, further public notification or
circulation of this report were not required.
CONCLUSION:
Based on the foregoing, the draft plan of subdivision, Official Plan Amendment, Community
Plan Amendment, and Zone Change applications are appropriate and represent good
planning. The issues identified through the preliminary circulation have been addressed and
as necessary, included as conditions of approval. The lands are identified in the Kitchener
Growth Management Plan for consideration of draft approval in the 2009-2010 timeframe,
the plan represents proper and orderly development of the City and considers the criteria
identified in Section 51(24) of the Planning Act for the subdivision of land. Therefore, it is
recommended that the applications be endorsed in principle, as recommended by staff.
REVIEWED BY:
• Della Ross, Manager of Development Review
• Fiona McCrea, Assistant City Solicitor
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Develo ment and Technical Services De artment
Attachments:
Appendix "A" -Proposed Official Plan Amendment and
- Schedule A -Map 5 -Land Use
- Schedule B -Map 4 -Transportation
- Schedule C -Map 2A -Natural Features
- Schedule D -Map 2B -Natural Features -Wetlands
Appendix "B" -Proposed Zoning By-law and Map No
Appendix "C" -Proposed Plan of Subdivision 30T-07205 and Conditions of Draft Approval
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AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
BECKER ESTATES INC.
163 Plains Road, 1940 Fischer Hallman Road, 780 Huron Road
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AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
BECKER ESTATES INC.
163 Plains Road, 1940 Fischer Hallman Road, 780 Huron Road
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
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AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
SECTION 1-TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. to the Official P1a11 of the City of Kitchener.
This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 -PURPOSE OF THE AMENDMENT
Tlus Official Plan Amendment proposes to amend Map 2A (Natural Features) to adjust the One Zone
Flood Plain Policy Area; Map 2B (Natural FeatLUes -Wetlands) to adjust the areas designated
Locally Significant Wetland; Map 4 (Transportation) to remove Plains Road as a Major Collector
Road (Existing), to remove the extension of Tartan Avenue onto the subject site as a Major Collector
Road alld replace it with Street One and Street Fourteen as new Major Collector Roads, and to add
Street Seven, as a new Major Collector Road; and, Map 5 (Lard Use) by redesignating lands from
Open Space to Low Rise Residential, and from Low Rise Residential to Medium Rise Residential.
SECTION 3 -BASIS OF THE AMENDMENT
The subject property is owned by Becker Estates Inc. The owner is proposing to develop the subject
lands with a residential subdivision. There are several changes that are required to support the
proposed development.
First, there have been recent revisions made to the floodplain mapping for the soufl7 branch of the
Strasburg Creek. These changes have identified that the feeder leading into the large wetland system
along the eastern boundary of the plan does not actually exist on the subject lands. The GRCA has
confirmed that this change is appropriate ai7d based on this, changes to Map 2A "Natural Resources"
are appropriate and justified.
Second, there are four wetland areas currently identified on Map 2B "Natural Resources -Wetlands"
located partially or wholly within the plan. The large eastern wetland area is proposed to be retained
and protected, however the applicant proposes to remove three areas that are identified as locally
significant wetlands. The two western wetland areas are identified on Grand River Conservation
Authority (GRCA) mapping as unevaluated wetlands, however field visits have confirmed that these
depressions have been reclaimed as agricultural lands and no longer function as wetland
communities. The fourth wetland area is located ii1 the northeastern corner of the plan. The
Environmental Impact Study (EIS) concludes that this wetland area should not be retained since it
does not appear sustainable given its isolation from other wetland communities and the watercourse
and grading alterations that have previously occurred. The GRCA has confirmed the findings of the
EIS. Based on the foregoing, staff are of the opinion that the proposed changes to Map 2B "Natural
Resources -Wetlands" is appropriate and justified.
Third, Plains Road is to be closed within the boundaries of the plan. An Environmental Assessment
has been completed to address the teclu~ical issues of the closure, a11d conditions of draft approval
will ensure appropriate conunemoration of the road as a cultural heritage resource. Further
discussion in this regard is provided in Report DTS 09-133. As such, staff reconunend that the
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Official Plan Map 4 "Transportation" be amended to remove Plains Road from the subject lands as a
"Major Collector Road". Additionally, the extension of Tartan Avenue as currently shown should be
amended so that Tartan Avenue will com~ect to Street Fourteen and Street One as the primary
east/west "Major Collector" through to Fischer Hallman Road. Furthermore, Street Seven should be
added as it represents the primary north/south "Major Collector" as~d provides access from the
southern boLUldary of the plan through to Huron Road alld to Woodbine Avenue in the subdivision
north of the subject lands. These changes are based on a modified grid pattern of connected streets,
they provide access between local road alld arterial roads aid staff are of the opinion that the
proposed changes are appropriate.
Finally, changes are required to Map 5 to redesignate lairds from Open Space to Low Rise
Residential and from Low Rise Residential to Medium Rise Residential. The proposed change from
Open Space to Low Rise Residential due to the recent revisions made to the floodplaill mapping for
the south branch of the Strasburg Creek and, as discussed above, it has been identified that the feeder
does not actually exist on the subject lands. The proposed change from Low Rise Residential to
Medium Rise Residential will apply to the proposed multiple residential blocks. The proposed plan
includes a mix of residential densities a11d the subject block will help to increase to overall density of
the proposed subdivision. The lands are located on a major collector roads and likely future transit
routes. The Medium Rise Residential sites are located in close proximity to proposed schools, parks
aild open space areas. Staff are of the opinion that the proposed change is appropriate.
The lands also contain three future development blocks wluch are not proposed be redesignated at
this time. However, staff anticipate future redesignation of these lands pending the outcome of the
Fischer Hallman Corridor Design Study and the future Fischer Hallman Coi7idor Community Plan.
Following these studies, medium to high density residential uses, together with commercial and
nuxed uses may be contemplated for those lands adjacent to Fischer Hallmal~ Road.
SECTION 4 -THE AMENDMENT
1. The City of Kitchener Official Play is hereby amended as follows:
a) Map No. 2A -Natural Resources is amended to adjust the One Zone Flood Plain
Policy Area, as shown on the attached Schedule C;
b) Map No. 2B -Natural Features-Wetlands is amended to delete certain areas shov~nl
as Locally Significant Wetland, as shov~m on the attached Schedule D;
c) Map No. 4 -Transportation is amended to remove Plaids Road as a Major Collector
Road (Existing) and the extension of Tartan Avenue (Proposed) on the subject site as
a Major Collector Road and replace them with Street One, Street Fourteen and Street
Seven, as new Major Collector Roads, as shov~m on the attached Schedule B; a11d,
d) Map No. 5 -Land Use is amended by redesignating lands from Open Space to Low
Rise Residential, and from Low Rise Residential to Medium Rise Residential, as
shown on the attached Schedule A.
9-13
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9-17
PROPOSED BY -LAW
SEPTEMBER 9, 2009
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 -
Becker Estates Inc. -Huron Road)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Schedule Nos. 107, 108, 109, 153, 154 and 155 of Appendix "A" to By-law Number
85-1 are hereby amended by designating as Residential Four Zone (R-4),
Residential Four Zone (R-4) with Special Regulation Provision 503R, Residential
Six Zone (R-6), Residential Six Zone (R-6) with Special Use Provision 393U and
Special Regulation Provision 502R, Residential Eight Zone (R-8), Neighbourhood
Institutional Zone (I-1), Neighbourhood Shopping Centre Zone (C-2) with Special
Use Provision 392U, Public Park Zone (P-1), Open Space Zone (P-2), and Hazard
Land Zone (P-3), instead of Residential Three Zone (R-3), Residential Three Zone
(R-3) with Holding Provision 17HSR and Hazard Land Zone (P-3) as specified and
illustrated on Map No. 1, in the City of Kitchener, attached hereto.
2. Schedule Nos. 107, 108, 109, 153, 154 and 155 of Appendix "A" to By-law Number
85-1 are hereby further amended by incorporating additional zone boundaries as
shown on Map No. 1 attached hereto.
3. Appendix "C" to By-law 85-1 is hereby amended by adding sections 392 and 393
thereto as follows:
"392. Notwithstanding Section 8.1 of this By-law, within the lands zoned C-2 and
shown as affected by this Subsection on Schedules 107 and 108 of
Appendix `A', Street Townhouse Dwelling shall also be permitted in
accordance with the regulations set out in section 41.2.5 and Home
Business shall be permitted in accordance with the regulations set out in
Section 5.13."
"393. Notwithstanding Sections 4.2 and 40.1 of this By-law, within lands zoned
R-6 and shown as affected by this Subsection on Schedule 108 of
Appendix `A', a Coach House Dwelling Unit created after January 24,
1994, shall be permitted within an accessory building or portion thereof, in
accordance with the regulations set out in Section 5.22."
9-18
4. Appendix "D" to By-law 85-1 is hereby amended by adding Sections 502 and 503
thereto as follows:
"502. Notwithstanding:
a) Notwithstanding Section 40.2 of this By-law, within the lands zoned R-6 and
shown as affected by this Subsection on Schedule 108 of Appendix `A',
the minimum front yard setback shall be 1.5 metres and the maximum front
yard setback shall be 4.5 metres.
b) Notwithstanding Section 6.1.1 of this By-law, within the lands zoned R-6 and
shown as affected by this Subsection on Schedule 108 of Appendix `A', the
following off-street parking regulations shall apply:
a) The off-street parking required for such dwelling shall not be located
between the building and the street or within the minimum side yard
abutting a street.
b) Driveway access shall only be permitted via a privately owned rear lane.
c) A driveway may extend for 100% of the lot width, except for a corner
lot where a driveway may not be located within the minimum side yard
abutting a street;
d) In the case of a lot containing two dwelling units (either as a duplexed
street townhouse, or a street townhouse with a Coach House Dwelling
Unit), the required off-street parking may be arranged in tandem.
e) A minimum distance separation of 5.5 metres must be provided
between any parking space (including one located inside detached
accessory structure) and the primary dwelling.
c) Notwithstanding Section 5.5 of this By-law, within the lands zoned R-6 and
shown as affected by this Subsection on Schedule 108 of Appendix "A", for
buildings accessory to street townhouse dwellings:
a) the maximum building height for accessory structures containing a
detached garage shall be 9.0 metres, the maximum height of the
underside of any fascia shall be 6.0 metres and the maximum lot
coverage shall be 15 percent.
b) for accessory buildings which have a gross floor area in excess of 9.9
square metres or a building height in excess of 3.0 metres the minimum
side yard abutting a street shall be 4.5 metres.
c) a minimum distance separation of 5.5 metres must be provided between
a detached accessory structure and the primary dwelling.
d) Notwithstanding Section 5.13 of this By-law, within the lands zoned R-6 and
shown as affected by this Subsection on Schedule 108 of Appendix "A", the
9-19
following additional home business uses shall be permitted in street -
townhouse dwellings:
Health Office (excluding physician, dentist or surgeon)
Personal Service (not including the cleaning of apparel)
Repair Service
Furthermore, all permitted home business uses shall be in accordance with
the following regulations:
a) Only one home business shall be permitted for each lot containing a
street-fronting townhouse, except in the case in which one home
business is conducted so as not to attract customers, clients or
additional employees directly to the lot containing the home business,
in which case a maximum of two home businesses shall be permitted.
b) The home business shall be conducted by the person or persons
resident in the dwelling unit, may include one non-resident employee
and shall not attract any additional employees directly to the lot
containing the home business.
c) The home business shall be conducted wholly within an enclosed
building.
d) The home business shall not be permitted in a dwelling containing
lodging units.
e) No outdoor storage shall be permitted.
f) No storage or display of goods shall be visible from the street.
g) An area not exceeding 33 per cent of the gross floor area of the
dwelling may be used for home business uses and in no case shall
the gross floor area which accommodates home business uses
exceed 50 square metres.
h) The building containing the home business shall comply with all
regulations for the dwelling type in the zone in which it is located.
i) Off-street parking shall be provided at a rate of one space for each
dwelling unit, one space for the non-resident employee (if any) and
one space for each home business, except an office conducted in
such a manner so as not to attract customers, clients or employees
directly to the dwelling unit; in which case, there shall be provided only
one space for each dwelling unit;
j) All required parking spaces shall be accessed from the rear lane, and
may be arranged in tandem.
9 - 20
k) The home business shall be conducted so as not to attract more than
three customers or clients to the home at any one time.
I) The home business shall not create noise, vibration, fumes, odour,
dust, glare or radiation which is evident outside of the building.
m) No repair of parts or accessories for motor vehicles or major
recreational equipment shall be permitted.
o) No repair of equipment having a combustion engine shall be
permitted; nor shall any such equipment be used in the process of
conducting any home business.
p) No repair service shall be conducted in a detached accessory
building, except for the purpose of indoor storage.
q) A health office shall not have more than one health professional in
attendance at any one time.
e) Notwithstanding anything else in this by-law, within the lands zoned R-6 and
shown as affected by this Subsection on Schedule 108 of Appendix "A", the
maximum number of dwelling units on a lot which contains a townhouse
shall be two.
f) Notwithstanding anything else in this by-law, within the lands zoned R-6 and
shown as affected by this Subsection on Schedule 108 of Appendix "A", the
maximum number of townhouses permitted within a street townhouse
dwelling shall be eight."
"503. Notwithstanding Section 38.2 of this By-law, within the lands zoned R-4 and
shown as affected by this Subsection on Schedules 153 and 154 of
Appendix `A', where a lot has a side yard adjacent to a Public Park (P-1)
Zone the minimum front yard setback for that lot shall be 12 metres and the
minimum setback for a side yard abutting a Public Park (P-1) Zone shall be
4.5 metres."
5. This By-law shall come into force and effect upon the approval of the Minister of
Municipal Affairs and Housing, or his/her designate, of Official Plan Amendment
9-21
but upon such approval, the provision hereof affecting such lands shall be
deemed to have come into force on the date of passing hereof.
APPROVED by the Ontario Municipal Board in the City of Kitchener this
day of
2009.
9 - 22
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----------------- - - ------,------ _ _ - U J
A. That the Ontario Municipal Board, pursuant to Section 51. (31) of the Planning Act
R.S.O. 1990, Chapter P 13 as amended, grant draft approval to Plan of Subdivision
Application 30T-07205 in the City of Kitchener, for Becker Estates Inc., subject to the
following conditions:
That this approval applies to Plan of Subdivision 30T-07205 for Becker Estates Inc. as
shown on the attached Plan of Subdivision prepared by the City of Kitchener dated
August 6th, 2009, which shows the following:
Stage One 101-124 units
Blocks 1 to 11 -single/semi detached 80-103 units
Block 12 -street townhouse 21 units (max)
Block 13 -school
Blocks 14 to 15 -park
Block 16 -open space
Block 17 -stormwater management
Block 18 -private laneway
Block 19 -road widening
Block 20 to 23 -0.3m reserve
Stage Two 72- 87
Block 1 -single/semi/townhouse 7-9 units
Block 2 -multiple residential 65-78 units
Block 3 -road widening
Stage Three 29-31 units
Block 1 -single/semi/townhouse 9-11 units
Block 2 -street townhouse 20 units (max)
Block 3 -mixed use
Block 4 -private laneway
Block 5 -road widening
Block 6 -0.3m reserve
Stage Four 10-12 units
Block 1 -single/semi/townhouse 10-12 units
Stage Five 39 units
Blocks 1 to 2 -street townhouse 39 units (max)
Block 3 -park
Block 4 to 5 -private laneway
Blocks 6 to 8 -0.3 m reserve
Stage Six 31-38 units
Blocks 1 to 5 -single/semi detached 31-38 units
Block 6 -parkette
Block 7 -road widening
Blocks 8 to 14 -0.3 m reserve
Stage Seven 35 units
Blocks 1 to 2 -street townhouse 35 units (max)
Stage Eight 45-57 units
9 - 24
Blocks 1 to 5 -single/semi detached 45-57 units
Block 6 -parkette
Stage Nine 24-31 units
Blocks 1 to 4 -single/semi detached 24-31 units
Blocks 5 -parkette
Block 6 - 0.3 m reserve
Stage Ten 25-30 units
Block 1 -street townhouses 25-30 units
Stage Eleven 43-57 units
Block 1 to 7 -single/semi detached 43-57 units
Block 8 -0.3 m reserve
Stage Twelve 12-16 units
Blocks 1 to 3 -single/semi detached 12-16 units
Block 4 -future development (street)
Blocks 5 to 6 - 0.3 m reserve
Stage Thirteen 48-60 units
Blocks 1 to 4 -single/semi detached 48-60 units
Block 5 -parkette
Block 6 -future development (street)
Blocks 7 to 8 - 0.3 m reserve
Stage Fourteen 61-77 units
Blocks 1 to 5 -single/semi detached 61-77 units
Block 6 -walkway
Stage Fifteen 43-53 units
Block 1 -multiple residential 43-53 units
Stage Sixteen 25-31 units
Blocks 1 to 2 -single/semi detached 25-31 units
Stage Seventeen
Block 1 -future development
Block 2 to 3 -road widening
Stage Eighteen
Block 1 -future development
Block 2 -road widening
Stage Nineteen
Block 1 -future development
Block 2 -road widening
Total 643-778 units
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2. CITY OF KITCHENER CONDITIONS:
2.1 That the Mayor and Clerk be authorized to sign City Standard Residential
Subdivision Agreement satisfactory to the City Solicitor, with the SUBDIVIDER
(Becker Estates Inc.), respecting those lands shown outlined on the attached
Draft Plan of Subdivision dated August 6th, 2009 and which shall contain the
following special conditions:
Part 1 -General Conditions
1.4 a) The SUBDIVIDER shall pay the cost of installation of the following public
services:
sanitary sewers, drainage works, storm sewers, watermains, underground
electrical distribution plant and lighting with attendant conductors, pipes,
pedestals and transformers, driveway ramps, streets, pavements, curbs, gutters,
fences in public rights-of-way, boulevard landscaping including trees, street name
signs, traffic control signs, sidewalks, and all necessary connections, other
appurtenances and outlets to the foregoing services.
b) The SUBDIVIDER shall install the public services defined in clause a) above to
the CITY'S current subdivision standards, as set out in the CITY'S Subdivision
Manual and HYDRO'S Manual, each as amended from time to time, in
accordance with the engineering plans and procedures approved by the CITY'S
Director of Engineering Services or HYDRO'S Engineer. Notwithstanding the
generality of the foregoing, alternative road cross-section designs and right-of-
way widths shall be installed as approved by the Director of Engineering and
HYDRO's Engineer.
c) Notwithstanding clauses a) and b) above, the SUBDIVIDER shall install any
other services including, but not limited to works and services on existing streets
as are required to bring the subdivision and abutting and outlet streets up to the
CITY'S current subdivision standards, as set out in the CITY'S Subdivision
Manual, as amended from time to time, all to the satisfaction of the CITY'S
Director of Engineering Services.
Part 2 - Prior to Area Grading
2.1 SUBDIVIDER shall prepare an Area Grading, Erosion and Siltation Control Plan
to the satisfaction of the CITY's Director of Engineering Services and those
applicable City Departments or regulatory agencies determined by the CITY's
Director of Engineering Services at the time of draft approval.
At the discretion of the Director of Engineering, area grading may proceed in a
phased approach subject to the overall area grading, erosion and siltation control
strategy.
2.11 This agreement shall be executed by all parties and registered on title to the
lands described in the first Schedule attached
2.12 The SUBDIVIDER shall provide confirmation that any on-site monitoring wells,
existing private wells and septic systems within the lands proposed to be graded
that are required by the Director of Engineering to be decommissioned have
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been decommissioned in accordance with Ministry of Environment standards to
the satisfaction of the CITY's Director of Engineering.
2.13 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER
agrees to submit and obtain approval of an Environmental Monitoring Program
including that described in the approved Environmental Impact Study and
General Vegetation Overview, Natural Resource Solutions Inc. dated October
2007, the Preliminary Stormwater Management Report, MTE, October 2007 and
also including any additions or modifications identified by the CITY or GRCA as
part of the final review and approval of the Environmental Monitoring Program.
The program is to be approved by the Director of Engineering in consultation with
the Director of Planning, the General Manager of Community Services, and the
Grand River Conservation Authority.
2.14 Prior to commencing any grading the SUBDIVIDER shall provide a Letter of
Credit based on 60% of the estimated cost of approved erosion and
sedimentation control measures to be implemented as part of Section 2.1 or
$100,000 whichever is greater to ensure implementation of the approved
Environmental Monitoring Program.
The Letter of Credit will be reduced to 15% or $50,000 whichever is greater,
upon completion of area grading and the SUBDIVIDER's consulting engineer has
inspected and certified the erosion and sedimentation control measures to the
satisfaction of the CITY's Director of Engineering Services.
The Letter of Credit will be released after the "during construction" monitoring
program has expired (after 90% of the pond catchment area is stabilized
meaning buildings are constructed and lots/blocks are sodded or vegetated to
the satisfaction of the CITY's Director of Engineering Services.
2.15 The SUBDIVIDER agrees that that part of Plains Road which is within 30T-07205
must be legally and physically closed and that a temporary turning circle,
contained within Stages 9 and 10, must be constructed and operational, to the
satisfaction of the CITY's Solicitor and the CITY's Director of Engineering.
Further, the SUBDIVIDER agrees to grant an easement to the CITY for the
temporary turning circle. The SUBDIVIDER agrees that all costs associated with
the closure of Plains Road, including but not limited to the preparation and
erection of notice signs, preparation of a reference plan, and physical works
required, and any legal fees or fees associated with registration will be the
SUBDIVIDER's responsibility.
2.16 The SUBDIVIDER agrees to install aconstruction/silt fence around the perimeter
of Block 1 (Stage 19) in accordance with the recommendations of the
Conservation Plan for 1940 Fischer Hallman Road prepared by Carson Woods
Architects Limited, dated July 27, 2009, to the satisfaction of the CITY's Director
of Planning. The SUBDIVIDER agrees to maintain the integrity of the fence
throughout the construction period.
Further, prior to grading the SUBDIVIDER agrees to provide a report to the
satisfaction of the CITY's Director of Planning commenting on the means and
methods that shall be used to minimize vibration during the grading, road
construction and site servicing. Should the SUBDIVIDER become aware of
cracks in the masonry during the grading or construction period, the
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SUBDIVIDER agrees to stop work in the vicinity of the farmhouse and notify the
engineer of record and the Heritage Consultant so that corrective action may be
taken.
2.17 Prior to grading or registration of Stage 1, whichever shall occur first, the
SUBDIVIDER shall provide a Letter of Credit in the amount of $59,000 to ensure
satisfactory completion of Phases One, Two and Three of the Conservation works
as described in the Conservation Plan for 1940 Fischer Hallman Road, prepared by
Carson Woods Architects Limited and dated July 27, 2009, to the satisfaction of the
CITY's Director of Planning.
The Letter of Credit will be reduced to $24,000 when the required Phase One -
Short Term conservation works have been completed and certified by a heritage
consultant, and will be further reduced to $14,000 when the Phase Two -Medium
Term conservation works have been completed and certified by a heritage
consultant, to the satisfaction of the CITY's Director of Planning.
The Letter of Credit will be released by the CITY at such time as restoration work on
the farmhouse has been initiated, in accordance with a future Heritage Impact
Assessment and site specific Heritage Design Guidelines, to the satisfaction of the
CITY's Director of Planning.
2.18 Prior to grading or registration, whichever may occur first, the SUBDIVIDER
agrees to work with the downstream land owner(s) and CITY to complete an
erosion analysis and works required to mitigate adverse erosion impact of the
south branch of Strasburg Creek to the satisfaction of the CITY's Director of
Engineering and the Grand River Conservation Authority.
Part 3 - Prior to Servicing
3.4 The SUBDIVIDER shall prepare a detailed engineering design for storm water
management, including any requisite monitoring including that described in the
Environmental Impact Study and General Vegetation Overview, Natural
Resource Solutions Inc. dated October 2007, Preliminary Stormwater
Management Report, MTE, October 2007 and also including any additions or
modifications identified by the CITY or GRCA as part of the final review and
approval of the Environmental Monitoring Program, and obtain approval thereof,
from the CITY's Director of Engineering Services, in consultation with the CITY's
General Manager of Community Services and those applicable regulatory bodies
determined by the CITY's Director of Engineering Services at the time of draft
approval.
3.9 Before release of the security set out in Section 3.6, the SUBDIVIDER shall
provide securities in a form set out in Section 3.6 above in an amount equivalent
to the value of fifteen percent of the value of works being accepted, or $5,000.00
whichever is the greater, to support the warranty and guarantee as provided in
Section 3.7.
3.16 The SUBDIVIDER acknowledges that sidewalks are required to be constructed
on both sides of all streets within the subdivision in accordance with the CITY's
Sidewalk Location Policy and that special sidewalk treatments will be required at
all locations where sidewalks intersect with the former Plains Road right-of-way,
in accordance with the Plains Road Commemoration Design Brief, prepared by
GSP Group and dated August, 2008, and final designs as approved by the
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Director of Planning. Should servicing occur prior to registration, the
SUBDIVIDER in consultation with their Heritage Consultant, agrees to submit
designs for the final design of all such commemoration sites, including sidewalk
colour, surface treatments, and a Plains Road commemoration concrete stamp
or other form of monumentation, for approval of the Director of Planning, prior to
the implementation of any special sidewalk treatments.
3.17 The SUBDIVIDER shall confirm that the servicing drawings:
a) Do not conflict with preliminary driveway locations and potential locations for
utilities, hydrants or community mail box facilities.
b) provide that no driveways shall be installed within 1.Om of a street light pole or
hydro pole or where the wheels of a vehicle would pass over any part of a
submersible transformer vault.
c) provide that no sewer or water service will be installed within 1.5m of the
centre of proposed submersible transformer vault or within 0.9m of a proposed
electrical service stub and that no fire hydrant will be installed within 3.Om of a
proposed street light pole or hydro pole. The SUBDIVIDER shall be
responsible for ensuring that these separations are maintained.
d) The location of concrete pads for the placement of the Community Mail Boxes
shall be approved by Canada Post and shall be shown on the servicing
drawings. Said pads are to be poured at the time of curb and/or sidewalk
installation within each Stage of the plan of subdivision. Should temporary
locations be required, the SUBDIVIDER shall work with Canada Post to
determine and provide suitable locations until the curbs, boulevards and
sidewalks are in place in the remainder of the subdivision.
e) do not conflict with the Plains Road Commemoration sites to be located within
the right-of--ways as identified in the approved Plains Road Commemoration
Design Brief.
3.18 Prior to registration of any Stage including any portion of any of the streets set
out in this paragraph the SUBDIVIDER shall prepare a Streetscape Plan for
Priority Streets, those being Street One, Street Seven and Street Fourteen, and
Street Two as the Secondary Priority Street, to the satisfaction of the CITY'S
Director of Planning, CITY'S Director of Transportation Planning, CITY'S Director
of Engineering Services, and the CITY'S General Manager of Community
Services, in consultation with the Region of Waterloo. The Streetscape Plan
shall illustrate a consistent streetscape theme for the Priority Streets showing:
a) Design and construction details fora centre median boulevard at the
intersections of Street Seven and Huron Road and Street One and Fischer
Hallman Road with preference for low-maintenance, sustainable plantings
and decorative streetscape elements;
b) Design and construction details for defined pedestrian crosswalks at the
following intersections: Street One and Street Fourteen, Street Seven and
Street Fourteen (two locations), Street Fourteen and Street Eighteen and
Street Two and Street Seven;
9 - 29
c) Design and construction details for traffic calming features including the
centre median, alternate intersection treatments such as a neighbourhood
traffic circles, and traffic calming measures such as pavement narrowing,
curb extensions, centre medians or other;
d) Conceptual gateway features at the Street One and Fischer Hallman Road,
and Street Seven and Huron Road intersection;
e) Conceptual street tree planting locations for Street One, Street Seven, Street
Fourteen and any intersections with enhanced treatments to be considered
for Street Seven from Huron Road to Street Two, Street One from Fischer
Hallman Road to Street Fourteen, and Street Fourteen (both north and south
legs) from Street One to the eastern limit of the park block (Stage 1, Block
12);
f) Conceptual locations and type of flankage lot streetscape features, such as
decorative fencing and landscaping between the side yard fencing and
sidewalk for flankage lots;
g) Potential locations of utilities and transit stops;
h) Conceptual location and types of Plains Road Commemoration Features to
be located within the rights-of-way.
The centre medians, traffic calming features, commemoration features and
crosswalks shall be installed by the SUBDIVIDER with the initial road
construction.
3.19 Prior to servicing, on a Stage by Stage basis, and in the interest of providing a
variation in housing design within lot-less blocks, the SUBDIVIDER agrees that
the Lotting Plan, as required under Section 3.14, for Stage 1 (Blocks 1-11), Stage
2 (Block 1) Stage 3 (Block 1), Stage 4 (Block 1), Stage 6 (Blocks 1 - 5), Stage 8
(Blocks 1-5), Stage 9 Blocks (1-4), Stage 11 (Blocks 1-7), Stage 12 (Blocks 1-3),
Stage 13 (Blocks 1-4), Stage 14 (Blocks 1-5) and Stage 16 (Blocks 1-2) shall
have a mixture of lot widths across the above noted Stages. The Lotting Plan for
each Stage shall reflect the provision of priority lots as indicated on the Priority
Lotting Plan, as prepared by GSP Group dated, August 6th, 2009.
3.20 Prior to Servicing or Registration whichever may come first, on a Stage by Stage
basis, the SUBDIVIDER shall confirm whether decorative street signage and
street lighting will be used, to the satisfaction of the CITY'S Director of
Transportation Planning and KW Hydro. Should these decorative elements be
utilized, they shall be installed at the appropriate time frame and to the
SUBDIVIDER'S cost, including the provision of a one-time supply of 10% of the
materials for future replacement/maintenance, to the satisfaction of the CITY'S
Director of Transportation Planning and KW Hydro.
3.21 Prior to Servicing or Registration of any Stage whichever may come first, on a
Stage by Stage basis, the SUBDIVIDER shall submit an On-Street Parking Plan
for the Stage to the satisfaction of the CITY's Director of Transportation Planning
in accordance with the CITY's On-Street Parking Policy I-1070.
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3.22 Prior to Servicing or Registration of any Stage, whichever shall occur first, the
SUBDIVIDER agrees to submit a functional design for the implementation of
bicycle lanes on both sides of Street One and Street Seven; bicycle lanes, on-
street parking bays and intersection curb extensions on both sides of Street
Seven between Street Fourteen north intersection and Street Fourteen south
intersection, Street Fourteen (south of the park) between Street One and Street
Seven; bicycle lanes on both sides of Street Fourteen (north of the park) between
Street One and the east limit of the plan; on-street parking plan, bays and
intersection curb extensions on both sides of Street Fourteen (north of the park)
between Street One and Street Seventeen west intersection; on-street parking
bay and intersection curb extensions on the south side of Street Fourteen (north
of the park) between Street Seventeen west intersection and Street Eighteen.
3.23 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to submit an operational analysis and functional design for roundabouts
at the intersections of Street One and Street Fourteen, Street Fourteen North and
Street Seven, Street Fourteen South/Street Twelve and Street Seven, Street
Two/Street Twelve and Street Seven, Street Fourteen and Street Eighteen,
prepared by a qualified roundabout design engineer to the satisfaction of the
CITY's Director of Engineering Services with respect to any Stage that includes
any of the said intersections and only for the intersection(s) within such Stage. In
the event that it is determined through the operation analysis and/or functional
design that additional property is required to construct the roundabout, the
SUBDIVIDER agrees to dedicate the required property to the CITY and that any
necessary modifications be made to the plan.
Part 4 - Prior to the Application for Any Building Permits in Each Stage
4.5 a) The SUBDIVIDER shall submit a plan for approval by the CITY'S Director of
Planning showing the following:
the pairing of driveways for lots having widths 10.9 metres or less except
where considered impractical by the CITY'S Director of Planning;
where lots in the subdivision abut a park entrance or a public walkway,
driveways on the side of the lot furthest away from the park entrance or
public walkway, as the case may be;
iii. the location of concrete transit pads and community mailbox pads, where
the location has been determined by the appropriate authority; and
iv. the location of Plains Road Commemoration Features to be located within
the rights-of-way of Street Eighteen, Street Seventeen, Street Fourteen
South, Street Five, and the intersections of Streets Fourteen North and
Seventeen, Streets Seven and Thirteen, Streets Twelve and Six and
Streets Three and Four.
b) The SUBDIVIDER shall submit with the plan, a letter from its consulting
engineer indicating that the plan does not conflict with the Grading Control Plan
of approved utility locations, and a letter from its Heritage Consultant, indicating
that the plan does not conflict with the Plains Road Commemoration Features for
each lot immediately adjacent to the commemoration features (if any of such lots
are within the Stages for which building permits are being sought).
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4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper
water pressure to all lots and blocks within proposed development, to the
satisfaction of the CITY'S General Manager of Public Works or Chief Building
Official.
4.23 The SUBDIVIDER agrees that no building permit shall be applied for or issued
for Corner (C) Priority Lots, Park (P) Priority Lots, Terminating Vista (T) Priority
Lots, Window Street (W) Priority Lots, or Gateway (G) Lots, as identified in the
approved Design Guidelines for Priority Lots, until the required building elevation
and/or building location drawings have been submitted and approved by the
CITY'S Director of Planning and the CITY's Chief Building Official for the
proposed building thereon to ensure that consideration has been given to the
design treatment of each lot/dwelling including such items as the provision of
porches, porticos, stairs or other projections; horizontal articulation; brick or
masonry style skirting and/or accentuated windows; and secondary entries.
Part 6 -Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Huron Road and Fischer Hallman Road
and prohibited from using Tartan Avenue. The SUBDIVIDER agrees to advise all
relevant contractors, builders and other persons of this requirement with the
SUBDIVIDER being responsible for any required signage, all to the satisfaction
of the CITY'S Director of Engineering Services.
6.11 The SUBDIVIDER shall satisfy the parkland dedication for the entire subdivision
including all future development blocks being Stage 12 Block 4, Stage 13 Block
6, Stage 17, Stage 18 and Stage 19, by the conveyance of Stage 1, Blocks 14
and 15; Stage 5 Block 3; Stage 6 Block 6; Stage 8 Block 6; Stage 9 Block 5; and
Stage 13 Block 5 to the CITY, at no cost and free of encumbrance. Conveyance
of each of the said park Blocks will take place with respect to each of the
foregoing Blocks at the time of the registration of the Stage in which such Block
is located and not in advance thereof The SUBDIVIDER agrees that the
parkland provided within the plan of subdivision shall be at no additional frontage
costs to the CITY.
6.12 a) The SUBDIVIDER agrees to complete construction of the commemoration
parks in any Stage, being those park identified in the attached Commemoration
Cost Sharing Schedule, in accordance with the approved design and
specifications for such parks subject to the limitations set out herein with respect
to the monies to be spent on account thereof, as set out in the attached
Commemoration Cost Sharing Schedule, within one year following registration
or servicing of the associated Stage, whichever occurs first or in the event of
winter conditions by June 1St immediately following the first occupancy in the
associated Stage. Any and all construction costs (including grading, top soiling,
seeding, sodding, installation of playground equipment, landscaping, seating and
signage) of such commemoration parks in accordance with the approved park
design shall be paid for by the SUBDIVIDER and the City's share of construction
costs for each commemoration park shall be reimbursed to the SUBDIVIDER in
accordance with the attached Commemoration Cost Sharing-Schedule. None
of the monies expended in accordance with the said Schedule shall be
considered a Development Charge eligible expense. The SUBDIVIDER shall
complete the construction of each commemoration park in accordance with the
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agreed specifications for such commemoration park, noting that the agreed
specifications must respect the monies available to pay, with the completion of
the same in accordance with the relevant provisions of the attached
Commemoration Cost-Sharing Schedule.
The CITY shall reimburse the SUBDIVIDER for the CITY's share of each
commemoration park upon the certification, to the CITY's satisfaction, by an
engineer or landscape architect that the same has been substantially completed
in accordance with the agreed specifications and upon written confirmation to the
CITY by such professional of the costs incurred on account thereof by the
SUBDIVIDER. In the event that such costs are less than the total which the
SUBDIVIDER and the CITY have agreed to contribute pursuant to the attached
Commemoration Cost-Sharing Schedule on account of the same then the
savings shall be apportioned between the SUBDIVIDER and the CITY in
accordance with their percentage obligations for payments on account of the
commemoration park in question.
The obligation of the SUBDIVIDER to contribute to the costs of the completion of
each of the commemoration parks beyond the standard developer responsibility
is limited to the amount set out as being the "Developer Contribution" in the
attached Commemoration Cost-Sharing Schedule subject to increases on
account of inflation as determined in accordance with the index set out in the said
Schedule calculated from June 1, 2009.
The obligation of the CITY to contribute to the costs of the completion of each of
the commemoration parks including the standard CITY responsibility is limited to
the amount set out as being the "CITY Contribution" in the attached
Commemoration Cost-Sharing Schedule subject to increases on account of
inflation as determined in accordance with the index set out in the said Schedule
calculated from June 1, 2009.
The CITY and SUBDIVIDER may, but neither is obligated to, agree in writing to
contribute additional monies beyond the amounts indentified in the
Commemoration Cost Sharing Schedule.
If, following the completion of any of the said commemoration parks, the amount
of costs to be contributed by either or both of the CITY or SUBDIVIDER on
account of such park should not have been fully expended on account of a
specific commemoration park, the surplus cannot be applied to the costs
associated with any other of the said commemoration parks without the express
written consent of the SUBDIVIDER with respect to the surplus Developer
Contribution or of the CITY with respect to the surplus City Contribution.
b) If sufficient funds are available from the appropriate CITY Development
Charge Account, to permit the CITY to fund the construction of neighbourhood
parks, upon certification of completion of the same, the SUBDIVIDER agrees to
complete construction of the neighbourhood parks being Block 3 (Stage 5) and
Block 5 (Stage 13) in accordance with the approved designs, within one year
following registration or servicing of the associated Stage, whichever occurs first,
or in the case of winter conditions by June 1St immediately following the first
occupancy of the associated Stage. Any and all construction costs of the park
(including grading, top soiling, seeding sodding, installation of playground
equipment, landscaping, seating and signage) in accordance with the approved
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park design shall be paid for by the SUBDIVIDER and the applicable construction
costs, such as playground equipment, landscaping and trail surface treatments,
shall be reimbursed to the SUBDIVIDER as applicable.
If sufficient money is not allocated from the appropriate CITY Department Charge
Account(s) to permit the CITY to fund the construction of the neighbourhood
parks or if the works are not a Development Change eligible expense and the
SUBDIVIDER wishes to proceed with the construction of any such parks prior to
such time as money is allocated from the appropriate CITY Department Charge
or other Account(s), the SUBDIVIDER agrees to provide and up-front the cost of
these works.
Should these works with respect to any such parks become Development
Charge eligible, the CITY agrees to recognize any monies paid by the
SUBDIVIDER for any works or services normally paid out of the CITY'S
Development Charge Account with such monies to be refunded or to be
recognized as a credit towards any CITY Development Charge payable for any
lot or block within the lands subject to Application 30T-07205 in accordance with
the applicable CITY Development Charge By-law and Policies in effect at the
time the monies are paid by the SUBDIVIDER or the works become a
Development Charge eligible expense, whichever shall be later.
A Supplementary Agreement identifying each lot or block for which credits are
payable shall be registered for each Stage prior to the registration of each Stage
until there is no outstanding balance remaining.
If, following the registration of all Stages and issuance of all building permits,
there is any outstanding credit balance, it shall remain with the lands to be used
as a credit for future development, or alternatively, the CITY may enter into an
agreement with the Subdivider, under Section 40 of the Development Charges
Act, to enable the transfer of Development Charge credits to other benefitting
lands within the community, subject to satisfactory arrangements being made
between all parties.
6.13 The SUBDIVIDER agrees that the streets shall be named to the satisfaction of
the CITY's Director of Planning in accordance with Council Policy I-1070 and that
the Region of Waterloo has approved the proposed street names.
6.14 The SUBDIVIDER agrees to install entrance features within the daylight
triangles, at the SUBDIVIDER's cost as follows:
a) at the Street Seven and Huron Road intersection in accordance with the
approved Streetscape Plan for Priority Streets for Street Seven within one
year of the first building permit for Stage 1, or in the event of winter
conditions shall be installed by June 1 immediately following the occupancy
of the first dwelling unit for Stage 1 to the satisfaction of the CITY'S General
Manager of Community Services and the CITY'S Director of Planning;
b) at the Street One and Fischer Hallman Road intersection in accordance with
the Fischer Hallman Corridor Design Guidelines and the approved
Streetscape Plan for Priority Streets for Street 1, within one year of issuance
of the first building permits for Stage 17 or 18, or in the event of winter
conditions shall be installed by June 1 immediately following the occupancy
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of the first building for Stage 17 or 18 to the satisfaction of the CITY'S
General Manager of Community Services and the CITY'S Director of
Planning, in consultation with the Region of Waterloo.
6.15 Prior to occupancy of the first unit being granted within each Stage, the
SUBDIVIDER shall determine the locations of all centralized mail receiving
facilities for the subject Stage to the satisfaction of Canada Post, in consultation
with the CITY's Director of Engineering Services and the CITY's Director of
Planning. If required, the SUBDIVIDER shall provide temporary suitable
centralized mail box locations that may be utilized by Canada Post until curbs,
boulevards and sidewalks are constructed for the plan of subdivision.
6.16 a) The SUBDIVIDER agrees to install black vinyl chain link fencing, or other
decorative fencing that is not solid on Walkway Block 6 (Stage 14) within one
year of occupancy of the lots that are immediately adjacent to said Walkway
Blocks.
The SUBDIVIDER further agrees to include a statement in all Offers of Purchase
and Sales Agreements with builders that will require the builders to include a
statement in all Offers of Purchase and Sale Agreements, and/or Rental
Agreements with home buyers for said lots, that advises that special fencing is
being installed on the walkway blocks and that owners of said lot are restricted
from installing solid board or other like solid fencing along the common property
line with the walkway block.
b) The SUBDIVIDER agrees to install a 1.8 metre high wood fence along any
property line (side or rear) of lots contained within Block 7 (Stage 1) where said
property lines are adjacent to the park. Such fences must be constructed in
accordance with the CITY's fence by-law and must be constructed within one
year of occupancy to the satisfaction of the Director of Planning.
6.17 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale
with builders that will require the builders to include a statement in all Offers of
Purchase and Sale Agreements, and/or Rental Agreements with home buyers,
which advise as follows:
a) that the home/business mail delivery will be from a designated Community
Mail Box; and
b) that identifies the exact Community Mail Box locations.
The SUBDIVIDER further agrees that the SUBDIVIDER's agreements of
purchase and sale with its builders shall require that the location of all
Community Mail Box facilities be shown on maps, information boards and
plans, including maps displayed in the sales office(s).
6.18 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale
with builders that will require the builders to include a statement in all Offers of
Purchase and Sale Agreements, and/or Rental Agreements with home buyers that:
a) advise that there is a planned transit route through the neighbourhood and to
provide an information pamphlet or website address regarding Grand River
Transit services;
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b) identify the presence of the water pressure reduction devises and advises that
it not be removed by the owner/occupant;
c) advise that the property is subject to approved Design Guidelines for Priority Lots
(if applicable). This statement shall also advise purchasers of such Priority Lots that
they are required to follow the guidelines, for items such as future additions, major
alterations and fencing.
6.19 The CITY and HYDRO, where applicable, agree to implement street furniture and
hydro utilities on Street One, Street Seven and Street Fourteen, to be of a style and
in keeping with the intent of the approved Streetscape Plan or Design Guidelines for
Priority Lots. The SUBDIVIDER agrees to work with the Regional Municipality of
Waterloo on the design and construction of transit stops in these locations to be in
keeping with the intent of the approved Streetscape Plan or Design Guidelines for
Priority Lots.
6.20 a) The SUBDIVIDER agrees that the Phase One -Short Term conservation works
identified in the approved 1940 Fischer Hallman Road Conservation Plan, prepared
by Carson Woods Architects Limited (dated July 27, 2009) shall be completed by
September 30, 2010 to the satisfaction of the CITY's Director of Planning. Should
the conservation works not be completed by the specified date the CITY shall use
the Letter of Credit (required by condition 2.17) to have the necessary conservation
works completed. The CITY, its employees, agents or contractors may, at the
CITY'S sole option and in addition to any other remedies that the CITY may have,
enter on the lands and so complete the required conservation 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 are required exterior conservation 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. The Letter of Credit will be reduced by $35,000.00
when the required Phase One -Short Term conservation works have been
completed and certified by a heritage consultant to the satisfaction of the Director of
Planning;
b) The SUBDIVIDER agrees that the Phase Two -Medium Term conservation works
identified in the approved 1940 Fischer Hallman Road Conservation Plan, prepared
by Carson Woods Architects Limited (dated, July 27, 2009) shall be completed in
the timeframes described in the approved Conservation Plan. Should the
conservation works not be completed as approved the CITY shall use the Letter of
Credit (required by condition 2.17) to have the necessary conservation works
completed. The CITY, its employees, agents or contractors may, at the CITY'S sole
option and in addition to any other remedies that the CITY may have, enter on the
lands and so complete the required conservation 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. The Letter of Credit
will be reduced by $10,000.00 when the required Phase Two -Medium Term
conservation works have been completed and certified by a heritage consultant, to
the satisfaction of the CITY's Director of Planning;
c) The SUBDIVIDER agrees to complete Phase Three -Long Term conservation
works and agrees to continue to monitor the house as identified in the approved
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1940 Fischer Hallman Road Conservation Plan, prepared by Carson Woods
Architects Limited (dated, July 27, 2009) until full restoration work on the house
begins in accordance with a future Heritage Impact Assessment and site specific
Heritage Design Guidelines, to the satisfaction of the CITY's Director of Planning.
Should the conservation works not be completed as approved, the CITY shall use
the Letter of Credit (required by condition 2.17) to have the necessary conservation
works completed. The CITY, its employees, agents or contractors may, at the
CITY'S sole option and in addition to any other remedies that the CITY may have,
enter on the lands and so complete the required conservation 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. The Letter of
Credit will be released by the CITY at such time as restoration work on the
farmhouse has been initiated.
6.21 The SUBDIVIDER agrees that prior to application for or issuance of Site Plan
Approval for lands contained within Block 1 (Stage 19) a Heritage Impact
Assessment addressing the impact of the proposed development on the farmhouse
and Heritage Design Guidelines for 1940 Fischer Hallman Road addressing the
restoration and reuse of the farmhouse and the design and development of any
nearby lands must be approved by the Director of Planning.
Further, the SUBDIVIDER agrees to develop the lands contained within Block 1
(Stage 19) in accordance with the aforementioned Heritage Impact Assessment
and Heritage Design Guidelines for Block 1 (Stage 19).
In addition, the SUBDIVIDER agrees to provide the CITY'S Director of Planning
with a Cost Estimate, prepared by a heritage consultant, for the cost associated with
the conservation and restoration of the exterior of the dwelling in accordance with
the approved Heritage Design Guidelines for 1940 Fischer Hallman Road. The
SUBDIVIDER agrees to provide the CITY with a Letter of Credit or other like
security in a form and content satisfactory to the CITY'S Solicitor, in an amount
equal to the value of the restoration of the dwelling located on Block 1 (Stage 19) as
determined in the Cost Estimate. Should conservation and restoration works not be
completed as approved, the City may use the Letter of Credit to have the necessary
works completed. The CITY, its employees, agents or contractors may, at the
CITY's sole option enter on the lands and so complete the required conservation
and restoration works to the extent of the monies received under the Letter of
Credit. The Letter of Credit shall be released by the CITY when the required
restoration has been completed and certified by a heritage consultant to the
satisfaction of the CITY'S Director of Planning.
6.22 Prior to application for any building permits or occupancy within Stages 12, 13 or
14 the SUBDIVIDER agrees that the South Strasburg Creek Trunk Sewer shall
be constructed from the eastern extents of the plan, along Street Eleven to Street
Seven, and south along Street Seven to the southern extent of the plan. It is
acknowledged that these works including design expenses are intended by the
CITY to be included in the City's Development Charge By-law, as amended.
If sufficient money is not allocated from the appropriate City Development
Charge Account(s) to permit the CITY to fund these works and the SUBDIVIDER
wishes to proceed, the SUBDIVIDER agrees to provide and up-front the cost of
these works.
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The CITY agrees to recognize any monies paid by the SUBDIVIDER for any
works or services normally paid out of the City's Development Charge Account
with such monies to be refunded or to be recognized as a credit towards any
CITY Development Charge payable for any lot or block within the lands subject to
Application 30T-07205 in accordance with the applicable City Development
Charges By-law and Policies in effect at the time the monies are paid by the
SUBDIVIDER.
A Supplementary Agreement identifying each lot or block for which credits are
payable shall be registered for each Stage prior to the registration of each Stage,
until there is no outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will
be paid in the normal manner in accordance with the City's By-law.
If, following the registration of all Stages and issuance of all building permits,
there is any outstanding credit balance, it shall remain with the lands to be used
as a credit for future development, or alternatively, the CITY may enter into an
agreement with the SUBDIVIDER, under Section 40 of the Development
Changes Act, to enable the transfer of Development Charge credits to other
benefiting lands within the community, subject to satisfactory arrangements being
made between all parties.
6.23 The SUBDIVIDER agrees to complete the detailed design and to implement the
construction of the ultimate solution for the closure of Plains Road, at the
SUBDIVIDER's sole cost, as described in the approved Plains Road Class
Environmental Assessment, including an assessment of the condition of and
geometric upgrade of the portion of the road to remain open and the dedication
of any required lands, to the satisfaction of the City's Director of Engineering.
The implementation of the ultimate solution shall be completed in conjunction
with Stage 9, and must be fully operational at such time as the roads within
Stage 9 are accepted by the City. Further, the SUBDIVIDER agrees to maintain
through access or a temporary turnaround, to the satisfaction of the CITY's
Director of Engineering, throughout the construction period.
6.24 The SUBDIVIDER agrees to implement the approved Plains Road
Commemoration sidewalk treatment at such time as sidewalks are being
constructed to the satisfaction of the CITY's Director of Engineering and Director
of Planning.
6.25 The SUBDIVIDER agrees to extend municipal services to the limits of the plan
along Street 16 to the satisfaction of the CITY's Director of Engineering.
6.26 The SUBDIVIDER agrees to implement the approved Environmental Monitoring
Program including that described in the approved Environmental Impact Study
and General Vegetation Overview, Natural Resource Solutions Inc. dated
October 2007, the Preliminary Stormwater Management Report, MTE, October
2007, and also including any additions or modifications identified by the CITY or
GRCA as part of the final review and approval of the Environmental Monitoring
Program. The SUBDIVIDER further agrees to implement any remedial action
deemed necessary as a result of the aforementioned monitoring program at their
sole expense to the satisfaction of the CITY'S Director of Engineering Services.
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6.27 The SUBDIVIDER agrees to connect the existing house located at 1940 Fischer
Hallman Road (Block 1, Stage 19) to full municipal services, to the satisfaction of
the CITY's Director of Engineering.
6.28 The SUBDIVIDER agrees that additional costs (special or non-standard costs)
associated with the installation of utilities and services in duct banks or along
streets on account of alternative cross-section designs or alternative right-of-way
widths in those locations shall be the responsibility of the SUBDIVIDER.
2.2 That prior to final approval of any plan of subdivision to be registered, the
SUBDIVIDER shall fulfill the following conditions:
That the City Standard Residential Subdivision Agreement be registered on
title.
2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S
Director of Planning and to obtain approval there from.
The final plan for registration shall show all lots intended for development as
single detached, semi-detached or duplex dwellings and a City Standard
Supplementary Residential Subdivision Agreement showing such lotting shall be
registered for each Stage prior to the registration of such Stage. This condition
shall not apply if the plan is to be registered prior to the approval of servicing
plans.
4. The SUBDIVIDER agrees to commute all local improvement charges outstanding
on any part of the lands and to pay all outstanding taxes on the lands.
The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under the direction of the CITY'S Director of Engineering Services,
with co-ordinate values and elevations thereon and submit for registration the
plans showing the location of monuments, their co-ordinate values, elevations
and code numbers as prescribed by the Surveyor General of Ontario.
6. The SUBDIVIDER agrees to show emergency access/secondary access, if
required, in accordance with City policy, on the final plans for registration to the
satisfaction of the CITY'S Director of Planning in consultation with the CITY'S
Director of Engineering.
The SUBDIVIDER shall make satisfactory arrangements with Kitchener-Wilmot
Hydro for the provision of permanent electrical services to the subdivision and/or
the relocation of the existing services. Further, the SUBDIVIDER acknowledges
that this may include the payment of all costs associated with the provision of
temporary services and the removal of such services when permanent
installations are possible.
The SUBDIVIDER shall make satisfactory arrangements for the provision of
permanent telecommunications services to the plan of subdivision and/or the
relocation of the existing services. Further, the SUBDIVIDER acknowledges that
this may include the payment of all costs associated with the provision of
temporary services and the removal of such services when permanent
installations are possible.
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The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply
with the following easement procedure:
(a) to provide copies of the subdivision plan proposed for registration and
reference plan(s) showing the easements to HYDRO, and
telecommunication companies and the CITY'S Director of Planning.
(b) to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the CITY'S Director
of Engineering for municipal services;
(c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/ Enhancement
Plan;
(d) if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the CITY, the SUBDIVIDER shall obtain prior written
approval from the CITY'S Director of Planning, or, in the case of parkland,
the CITY'S General Manager of Community Services; and
(e) to provide to the CITY'S Director of Planning, a clearance letter from each
of the HYDRO and telecommunication companies. Such letter shall state
that the respective utility company has received all required grants of
easement, or alternatively, no easements are required. Alternatively, and
at the City's sole discretion, if the SUBDIVIDER provides reasonable
evidence to the satisfaction of the CITY that all reasonable efforts have
been made by the SUBDIVIDER to provide all necessary easements this
condition may be cleared by the CITY without a release letter.
10. The SUBDIVIDER shall dedicate all roads, road widenings, 7.62m wide daylight
triangles at the intersections with arterial roads, and public walkways to the
appropriate authority, by the registration of the Plan of Subdivision.
11. The SUBDIVIDER agrees to convey to the CITY, at no cost and free of
encumbrance, the following lands for the purposes set out below:
Stage 1
a) Blocks 14 - 15 for park purposes;
b) Block 16 for open space/woodland/wetland purposes;
c) Block 17 for stormwater management;
d) Block 19 for road widening purposes;
e) Blocks 20 - 23 for 0.3m reserves.
Stage 2
a) Block 3 for road widening purposes
Stage 3
a) Block 5 for road widening purposes;
b) Block 6 for 0.3m reserve.
Stage 5
a) Block 3 for park purposes;
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b) Blocks 6 - 8 for 0.3 m reserves
Stage 6
a) Block 6 for park purposes;
b) Block 7 for road widening purposes;
b) Blocks 8 - 14 for 0.3 m reserves.
Stage 8
a) Block 6 for park purposes.
Stage 9
a) Block 5 for park purposes;
b) Block 6 for 0.3 m reserve
Stage 11
a) Block 8 for 0.3 m reserve.
Stage 12
a) Block 4 for future development (reserve for road);
b) Blocks 5 - 6 for 0.3 m reserves.
Stage 13
a) Block 5 for park purposes;
b) Block 6 for future development (reserve for road);
c) Blocks 7 - 8 for 0.3 m reserve.
Stage 14
a) Block 6 for walkway
Stage 17
a) Block 2 for Road widening purposes.
12. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each
major entrance to the subdivision, in accordance with a plan approved by the
CITY'S Director of Planning, in accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the
applicable zone and outside the corner visibility triangle, with the specific,
appropriate location to be approved by the CITY'S Director of Planning;
b) The sign shall have a minimum clearance of 1.5 metres, a maximum height
of 6 metres, and a maximum area of 13 square metres;
c) Graphics shall depict the features within the limits of the subdivision
including, without limiting the generality of the foregoing, approved street
layout, including emergency access roads, zoning, lotting and specific land
uses, types of parks, storm water management areas, heritage features,
hydro corridors, trail links and walkways, potential or planned transit routes
and bus stop locations, notification regarding contacts for school sites,
noise attenuation measures, environmentally sensitive areas, tree
protection areas, special buffer/landscaping areas, water courses, flood
plain areas, railway lines and hazard areas and shall also make general
reference to land uses on adjacent lands including references to any formal
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development applications, all to the satisfaction of the CITY'S Director of
Planning;
d) Approved subdivision billboard locations shall be conveniently accessible to
the public for viewing. Low maintenance landscaping is required around the
sign and suitable parking and pedestrian access may be required between
the sign location and public roadway in order to provide convenient
accessibility for viewing; and
e) The SUBDIVIDER shall ensure that the information is current as of the date
the sign is erected. Notice shall be posted on the subdivision billboard
signs advising that information may not be current and to obtain updated
information, inquiries should be made at the CITY'S Department of
Development and Technical Services.
13. The SUBDIVIDER shall have landscape plans of the stormwater management
facilities and cul-de-sacs prepared by a Landscape Architect acceptable to the
CITY'S General Manager of Community Services, in consultation with the CITY'S
Director of Engineering Services and to obtain therefrom, approval of such plans.
14. The SUBDIVIDER shall prepare and receive approval of detailed design
drawings for the Neighbourhood and Commemoration Parks and Parkettes,
being Blocks 14 & 15 (Stage 1), Block 3 (Stage 5), Block 6 (Stage 6), Block 6
(Stage 8), Block 5 (Stage 9), and Block 5 (Stage 13) and for Walkway Block 6
(Stage 14), prior to the registration of the appropriate Stage, to satisfaction of
CITY'S General Manager of Community Services and the CITY'S Director of
Planning. Plans for Commemoration Parks and Parkettes should be generally
consistent with the approved Plains Road Commemoration Design Brief (GSP
Group, August 2008) and shall respect monies available to pay for the
completion of the commemoration parks in accordance with the relevant
provision of the Commemoration Cost Sharing Schedule. Park design plans
should also give consideration to locations for Community Mail Box facilities,
seating areas, and an enhanced treatment of the park space near the
intersection of Street One and Street Fourteen.
Further, the SUBDIVIDER agrees to provide a Letter of Credit for $105,000, to
ensure implementation of the approved design drawings for Commemoration
Parks and Parkettes in accordance with the Commemoration Cost-Sharing
Schedule.
The Letter of Credit may be reduced by that amount identified in the
Commemoration Cost Sharing Schedule upon the satisfactory completion of the
commemoration park or parkette, on a Stage by Stage basis. The Letter of
Credit shall be released at such time as all the commemoration parks and
parkettes have been completed to the satisfaction of the General Manager of
Community Services and the Director of Planning subject to the provisions of the
Commemoration Cost-Sharing Schedule.
Should the commemoration works not be completed as per the approved design,
the CITY may complete the required works to the extent of monies received under
the Letter of Credit. The cost to complete such works shall be deducted from the
monies obtained from the Letter of Credit.
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15. Prior to Servicing or Registration of each Stage, whichever may come first, the
SUBDIVIDER shall confirm whether decorative street signage and street lighting
will be used to the satisfaction of the CITY'S Director of Transportation Planning
and KW Hydro. Should these decorative elements be utilized, they shall be
installed at the appropriate time frame and to the SUBDIVIDER'S cost, including
the provision of a one-time supply of 10% of the materials for future maintenance
replacement, to the satisfaction of the CITY'S Director of Transportation Planning
and KW Hydro.
16. The SUBDIVIDER shall prepare a Street Tree Planting Plan for each Stage prior
to the registration of each respective Stage to the satisfaction of the CITY'S
Director of Planning, and the CITY'S General Manager of Community Services.
Appropriate consideration shall be given to reduce conflicts between street trees
and utilities. In locations where the survival of plantings may be difficult due to
infiltration/salt management objectives within the municipal right-of-way, street
trees shall be provided immediately adjacent to the right-of-way on each lot/or
future lot. In these instances, an easement shall be provided over each lot/ or
future lot in favour of the CITY for the maintenance of the street tree planting.
17. Prior to registration of Stage 1, the SUBDIVIDER shall receive final approval of
the Design Guidelines for Priority Lots to the satisfaction of the CITY'S Director of
Planning.
The Design Guidelines for Priority Lots shall include, but not be limited to, the
following considerations:
a) For Corner (C) Priority Lots, building elevation drawings shall ensure that
consideration has been given to the design treatment along both road frontages
for each lot/dwelling, including such items as the provision of porches, porticos,
stairs or other projections; secondary or angled door entries; horizontal
articulation, brick or masonry-style skirting along both the front and exterior side
yard and/or accentuated windows; increased building massing and height; and
consideration to fencing. Preference is given to garages facing the flankage
street.
b) For Terminating Vista (T) Priority Lots, building elevation and building location
drawings shall ensure that the garage face is not the primary terminating view
from the oncoming street, instead utilizing the habitable portion of the dwelling,
porch, roof pitch, etc.
c) For Gateway (G) Priority Lots, in the event that said blocks do not require site
plan approval, building location, massing and elevation drawings shall ensure
that consideration has been given to height, massing and building relation to the
street line; the design treatment along road frontages for each lot/dwelling,
including such items as the provision of porches, porticos, stairs or other
projections; secondary door entries; horizontal articulation, brick or masonry-style
skirting; consistency in style and details for the entire block at gateway locations;
and consideration to fencing.
d) For Window (V~ Priority Lots, building elevation drawings shall ensure that
consideration has been given to the design treatment along the frontage for each
lot/dwelling, including such items as the provision for porches, porticos, stairs, or
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other projections, horizontal articulation, brick and masonry-style skirting and/or
accentuated windows.
e) For Park (P) Priority Lots, building elevation drawings shall ensure that
consideration has been given to the design treatment along the road frontage
and the park flankage for each lot/dwelling, including such items as the provision
for porches, porticos, stairs, or other projections, secondary entry doors,
horizontal articulation, brick and masonry-style skirting and/or accentuated
windows; consideration to fencing to enable views from rear yard; and
consistency in architectural style and details for all units fronting the central park.
18. Prior to the registration of each Stage, the SUBDIVIDER shall complete the
detailed design of the Streetscape Plan for Priority Streets contained within the
subject Stage [from Condition 3.20 of the Subdivision Agreement] showing the
final design and construction details for clauses d) to h) inclusive [entrance
feature, street tree plantings and flankage lot streetscape features, utilities and
transit stops, and commemoration features], to the satisfaction of the CITY'S
Director of Planning and the CITY'S General Manager of Community Services.
19. The SUBDIVIDER agrees that the plan shall be registered in nineteen Stages in
accordance with the following and to the satisfaction of the CITY's Director of
Planning:
a) Stage 1 shall be registered first;
b) Stage 2 shall be registered concurrently with or subsequent to Stage 3;
c) Stage 3 shall be registered concurrently with or subsequent to Stage 1;
d) Stage 4 shall be registered concurrently with or subsequent to Stage 3;
e) Stage 5 shall be registered concurrently with or subsequent to Stage 3;
f) Stage 6 shall be registered concurrently with or subsequent to Stage 5;
g) Stages 7, 8, 9 and 11 shall be registered concurrently with or subsequent to
Stage 6;
h) Stage 10 shall be registered concurrently with or subsequent to Stage 9;
i) Stage 12 shall be registered concurrently with or subsequent to Stage 11;
j) Stage 13 shall be registered concurrently with or subsequent to Stage 12;
k) Stage 14 shall be registered concurrently with or subsequent to Stage 13;
I) Stage 15 shall be registered concurrently with or subsequent to Stage 1;
m) Stage 16 shall be registered concurrently with or subsequent to Stage 1;
n) Stage 17 shall be registered concurrently with or subsequent to Stage 3;
o) Stage 18 shall be registered concurrently with or subsequent to Stage 6;
p) Stage 19 shall be registered concurrently with or subsequent to Stage 6.
20. The SUBDIVIDER agrees that Stages 17, 18 and 19 may not proceed to
registration until such time as the Fischer Hallman Corridor Design Study and the
Fischer Hallman Corridor Community Plan or Secondary Plan have been completed
and approved. Further, the SUBDIVIDER agrees to implement the
recommendations of the Design Study, and the policies of the Community Plan or
Secondary Plan (as the case may be) in any future redesignation, rezoning and
development of the subject parcels.
21. The SUBDIVIDER agrees that Stage 1, 2, 16 and 17 may not proceed to
registration until such time as the Huron Road Environmental Assessment has been
approved. Upon approval of the Huron Road Environmental Assessment, the
SUBDIVIDER agrees to submit a reference plan to the satisfaction of the CITY'S
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Director of Planning and the CITY'S Director of Engineering showing the widening
of the road right-of-way as identified in the Environmental Assessment. The
SUBDIVIDER agrees to convey the required widening of the road right-of-way in
accordance with the Kitchener Official Plan and the approved Environmental
Assessment document. Any widening above and beyond that which is identified
in the Kitchener Official Plan, will be acquired by the City through a negotiated
agreement of purchase and sale or expropriation. Further, prior to registration,
the SUBDIVIDER agrees to modify the draft plan to show the required widening
of the road right-of-way, to the satisfaction of the CITY's Director of Planning and
the CITY's Director of Engineering.
22. Prior to grading or registration, whichever shall occur first, the SUBDIVIDER
agrees that if grading has not commenced prior to final approval of the plan for
registration, a Detailed Vegetation Plan is to be submitted for approval by the
CITY's Director of Planning. The Detailed Vegetation Plan shall also show
approved grading. The SUBDIVIDER agrees to implement all of the measures
identified in the approved Detailed Vegetation Plan including delivering all
information contained in the approved Detailed Vegetation Plan to prospective
purchasers to ensure that the requirements are carried out as specified.
23. Prior to registration of each Stage, should registration proceed before servicing,
the SUBDIVIDER shall submit an On-Street Parking Plan for the proposed
subdivision to the satisfaction of the CITY's Director of Transportation Planning in
accordance with the CITY's On-Street Parking Policy I-1070.
24. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER
agrees to submit a functional design for the implementation of bicycle lanes on
both sides of Street One and Street Seven; bicycle lanes, on-street parking bays
and intersection curb extensions on both sides of Street Seven between Street
Fourteen north intersection and Street Fourteen south intersection, Street
Fourteen (south of the park) between Street One and Street Seven; bicycle
lanes on both sides of Street Fourteen (north of the park) between Street One
and the east limit of the plan; on-street parking bays and intersection curb
extensions on both sides of Street Fourteen (north of the park) between Street
One and Street Seventeen west intersection; on-street parking bay and
intersection curb extensions on the south side of Street Fourteen (north of the
park) between Street Seventeen west intersection and Street Eighteen.
25. Prior to the servicing or registration of any Stage containing the following
intersections of Street One and Street Fourteen, Street Fourteen North and
Street Seven, Street Fourteen South/Street Twelve and Street Seven, Street
Two/Street Twelve and Street Seven, and Street Fourteen and Street Eighteen,
the SUBDIVIDER agrees to submit an operational analysis and functional design
for roundabouts prepared by a qualified roundabout design engineer to the
satisfaction of the CITY's Director of Engineering Services. In the event that it is
determined through the operation analysis and/or functional design that
additional property is required to construct the roundabout, the SUBDIVIDER
agrees to dedicate the required property to the CITY and that any necessary
modifications be made to the plan.
26. Prior to registration of each Stage, the SUBDIVIDER in consultation with their
Heritage Consultant agrees to submit designs for special sidewalk treatments all
locations where sidewalks intersect with the former Plains Road right-of-way, in
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accordance with the Plains Road Commemoration Design Brief, prepared by
GSP Group and dated August, 2008, for approval by the Director of Planning.
The final designs for such commemoration sites shall include details for sidewalk
colour, surface treatments, and a Plains Road commemoration concrete stamp
or other form of monumentation.
27. The SUBDIVIDER shall reserve Block 13 (Stage 1) for the Waterloo Catholic
District School Board. The SUBDIVIDER agrees to provide to the CITY's
Director of Planning, with a letter from the Board indicating that satisfactory
arrangements have been made to acquire Block 13 (Stage1) for school
purposes.
28. Prior to grading or registration, whichever shall occur first, the SUBDIVIDER
agrees to submit and obtain approval of an Environmental Monitoring Program
including that described in the approved Environmental Impact Study and
General Vegetation Overview, Natural Resource Solutions Inc. dated October
2007, Preliminary Stormwater Management Report, MTE, October 2007, and
also including any additions or modifications identified by the CITY or GRCA as
part of the final review and approval of the Environmental Monitoring Program.
The program is to be approved by the Director of Engineering in consultation with
the Director of Planning, the General Manager of Community Services, and the
Grand River Conservation Authority.
29. Prior to grading or registration, whichever shall occur first, the SUBDIVIDER shall
provide a Letter of Credit in the amount of $59,000 for the completion of the Phase
One, Two and Three Conservation works as described in the Conservation Plan for
1940 Fischer Hallman Road, prepared by Carson Woods Architects Limited and
dated July 27, 2009, to the satisfaction of the CITY's Director of Planning.
The Letter of Credit will be reduced to $24,000 when the required Phase One -
Short Term conservation works have been completed and certified by a heritage
consultant, and will be further reduced to $14,000 when the Phase Two -Medium
Term conservation works have been completed and certified by a professional
architect, to the satisfaction of the CITY's Director of Planning.
The Letter of Credit will be released by the CITY at such time as restoration work on
the farmhouse has been initiated, in accordance with a future Heritage Impact
Assessment and site specific Heritage Design Guidelines, to the satisfaction of the
CITY's Director of Planning.
30. Prior to grading or registration, whichever may occur first, the SUBDIVIDER
agrees to work with the downstream land owner(s) and CITY to complete an
erosion analysis and works required to mitigate adverse erosion impact of the
south branch of Strasburg Creek to the satisfaction of the CITY's Director of
Engineering and the Grand River Conservation Authority.
31. The SUBDIVIDER agrees to show street names on the final plans to be
registered. Further, the SUBDIVIDER agrees that streets shall be named to the
satisfaction of the CITY's Director of Planning in accordance with Council Policy
I-1070 and that the Region of Waterloo has approved the proposed street
names.
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32. Prior to registration of each Stage the SUBDIVIDER shall provide written
confirmation from the Director of Engineering, to the satisfaction of the Director of
Planning that states that all required municipal services are available. In
accordance with the approved South Strasburg Trunk Sanitary Sewer
Environmental Assessment, sanitary sewers must outlet to the South Strasburg
Trunk Sanitary Sewer.
33. To expedite the approval for registration, the SUBDIVIDER shall submit to the
CITY'S Department of Development and Technical Services, a detailed written
submission documenting how all conditions imposed by this approval that require
completion prior to registration of the subdivision plan(s), have been satisfied.
3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following
conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of
Planning, Housing and Community Services.
That the plan submitted for final approval may incorporate a lot pattern for all blocks
in which single detached, semi-detached and townhouse lots are permitted, at a
density not exceeding the density identified in the draft approval conditions.
That the subdivision agreement be registered by the City of Kitchener against the
land to which it applies and a copy of the registered agreement be forwarded to the
Regional Municipality of Waterloo prior to final approval of the subdivision plan.
3. That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048 metre (10
ft.) road widening dedication to the Regional Municipality of Waterloo along the
frontage of Block 1, Stage 17 adjacent to Fischer-Hallman Road (Regional Road 58).
Should a determination be made (through the completion of an Environmental
Assessment or otherwise) that the road widening dedication is not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
4. That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048 metre (10
ft.) road widening dedication to the Regional Municipality of Waterloo along the
frontage of Block 1, Stage 18 adjacent to Fischer Hallman Road (Regional Road 58).
Should a determination be made (through the completion of an Environmental
Assessment or otherwise) that the road widening dedication is not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
5. That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048 metre (10
ft.) road widening dedication to the Regional Municipality of Waterloo along the
frontage of Block 1, Stage 19 adjacent to Fischer Hallman Road (Regional Road 58).
The 10 metre widening at this location may be reduced as necessary in order to
recognize the existing heritage dwelling on the property.
Should a determination be made (through the completion of an Environmental
Assessment or otherwise) that the road widening dedication is not required, then the
land will be re-conveyed to the owner of the adjacent Block(s).
6. a) That prior to final approval, the Region reviews and accepts the revised
Noise Study entitled "Preliminary Environmental Noise Assessment, Becker
Estates Subdivision, Fischer-Hallman Road & Huron Road, Kitchener,
Ontario" prepared by MTE Consultants Inc. dated October 2007 and last
9-47
revised July, 2009. Furthermore, the SUBDIVIDER shall enter into an
agreement with the Regional Municipality of Waterloo or City of Kitchener, as
necessary, to provide for implementation of the revised noise study
attenuation measures.
b) Notwithstanding 6a) above, that prior to final approval the SUBDIVIDER
enters into an agreement with the Regional Municipality of Waterloo to
submit a road traffic noise study, as necessary, indicating to the Regional
Municipality of Waterloo methods to be used to abate road traffic noise levels
affected by Fischer-Hallman Road and Huron Road for future development
Block 1 in each of Stages 17, 18 and 19. Where appropriate, the lands
should be designed to avoid the use of outdoor physical noise attenuation
measures through appropriate setbacks taking into account the corridor
design study currently being undertaken for Fischer-Hallman Road by the
City of Kitchener and the Regional Municipality of Waterloo. The agreement
must also contain a provision to amend such agreement to implement any
recommended attenuation measures.
c) That if required, any minimum setbacks to address noise attenuation be
included in the proposed zoning bylaw.
d) That prior to final approval, the SUBDIVIDER completes a final road traffic
noise study, as necessary, to determine detailed noise attenuation
requirements including noise wall height, density and location, and special
building components. Furthermore, the SUBDIVIDER shall enter into an
agreement with the Regional Municipality of Waterloo or City of Kitchener, as
necessary, to provide for implementation of the noise attenuation
requirements recommended in the study.
7. a) That prior to final approval of all or any part of this plan of subdivision, the
SUBDIVIDER completes a final Water Distribution Analysis to the satisfaction
of the Regional Municipality of Waterloo. Such analysis must take into
account recent changes to water pressure zones 2, 4 and 5 in this area, and
must identify the specific Blocks on the plan which require pressure reducing
devices.
b) That prior to final approval of all or any part of this plan of subdivision, the
SUBDIVIDER enters into an agreement with the City of Kitchener to include
water pressure reduction devices for each dwelling unit constructed on those
Blocks identified in the final Water Distribution Analysis in Condition 8a)
above, to not exceed the maximum standard of 80 psi, and to include in the
offers to purchase and rental agreements, a clause identifying the presence
of the water pressure reduction devices and advising the it not be removed
by the owner/occupant.
8. That prior to final approval, the SUBDIVIDER enters into an agreement with the
Regional Municipality of Waterloo to provide for a Letter of Credit acceptable to the
Region for the cost of design, construction and installation of street lighting along
Fischer-Hallman Road (Regional Road 58) in accordance with Regional policies and
procedures.
9-48
9. That the SUBDIVIDER provides the Regional Municipality of Waterloo with the
physical and financial resources to construct a sidewalk along the frontage of
Fischer-Hallman Road (Regional Road 58).
10. That prior to any grading of any lands of this plan of subdivision, the SUBDIVIDER
decommissions any monitoring wells, existing private wells, and septic systems on
the lands in accordance with applicable laws and regulations including O. Reg. 903
of the Ontario Water Resources Act.
11. That the SUBDIVIDER agrees to stage the development of this plan of subdivision in
a manner satisfactory to the Regional Municipality of Waterloo.
12. That the SUBDIVIDER submits a Street Tree Planting Plan for Fischer-Hallman
Road (Regional Road 58) to the satisfaction of the Regional Municipality of Waterloo
and shall enter into an agreement with the Regional Municipality of Waterloo to
provide for a Letter of Credit acceptable to the Region for implementation of the
approved Street Tree Planting Plan as necessary.
13. That the SUBDIVIDER submits a Boulevard Restoration Plan for Fischer-Hallman
Road (Regional Road 58) to the satisfaction of the Regional Municipality of Waterloo
and shall enter into an agreement with the Regional Municipality of Waterloo to
provide for implementation of the approved Boulevard Restoration Plan as
necessary.
14. That prior to final approval of all or any part of this plan of subdivision, the
SUBDIVIDER agrees to complete to the satisfaction of the Regional Municipality of
Waterloo the report entitled "Becker Estates Subdivision, Preliminary Chloride Impact
& Groundwater Recharge Study" prepared by MTE Consultants dated April 2009.
The SUBDIVIDER further agrees to implement the recommendations of the study.
15. That a final area grading and drainage plan be submitted for the entire plan of
subdivision to the satisfaction of the Regional Municipality of Waterloo where lands
drain to a Regional facility, for approval.
16. That a final stormwater management plan be submitted for the entire plan of
subdivision to the satisfaction of the Regional Municipality of Waterloo where lands
drain to a Regional facility, for approval. The final stormwater management plan
must address methods to reduce impacts from road salt infiltration on groundwater
including, but not limited to, the recommendations of the "Becker Estates
Subdivision, Preliminary Chloride Impact & Groundwater Recharge Study" prepared
by MTE Consultants dated April 2009 as noted in Condition 14 above.
17. a) That prior to final approval, the SUBDIVIDER enters into an agreement with the
Regional Municipality of Waterloo to prepare and implement a road Salt
Management Plan prior to site plan approval for: school Block 16, Stage 1;
medium density residential Block 1, Stage 2; medium density residential Block 1,
Stage 15; and future development Block 1, Stages 17, 18 and 19, to the
satisfaction of the Regional Municipality of Waterloo.
b) That prior to final approval, the SUBDIVIDER enters into an agreement with the
Regional Municipality of Waterloo to prepare and implement a road Salt
Management Plan prior to site plan approval for: Laneway Block 22, Stage 1;
Laneway Block 4, Stage 4; and Laneway Blocks 5, 6 and 7, Stage 5.
9-49
18. That prior to final approval of all or any part of this plan of subdivision, the
SUBDIVIDER agrees to complete any additional warrant analysis associated with
the Transportation Impact Study entitled "Becker Estates Traffic Impact Study
Update" dated September 2008 prepared by Paradigm Transportation Solutions
Limited, to the satisfaction of the Regional Municipality of Waterloo.
19. That prior to final approval of Stage 4 of this plan of subdivision, the SUBDIVIDER
agrees to submit a preliminary roundabout design, screening analysis, intersection
control study, and detailed design for the roundabout prepared by a qualified
roundabout design engineer where necessary to the satisfaction of the Region's
Commissioner of Planning, Housing and Community Services for the intersections of
Fischer-Hallman Road (Regional Road 58) and Street One, and Fischer-Hallman
Road and Street Two. In the event the analysis for each intersection demonstrates
the potential need for additional land in order to implement a roundabout option or
other intersection improvements, the SUBDIVIDER agrees to modify Block 1, Stage
17, Block 1, Stage 18 and Block 1, Stage 19 in order show the additional lands
required for the roundabouts and to dedicate, at no cost to the Region, that portion
of the required lands to the Regional Municipality of Waterloo prior to final approval
of Stage 4 or at such time as the Region deems necessary. Should a determination
be made (through the completion of an Environmental Assessment or otherwise) that
a roundabout is not the preferred alternative to address operations at the subject
intersections or other intersection improvements are not required, then the land will
be re-conveyed to the owner of the adjacent Block(s).
20. If the preliminary roundabout analysis in Condition 19 determines that a roundabout
is not required for Fischer-Hallman Road and Streets One and Two, the
SUBDIVIDER agrees to establish two (2) 7.62 metre (25 ft.) daylighting triangles at
the intersections of Fischer-Hallman Road and Streets One and Two, and to dedicate
the daylighting triangles on the final plan for registration as public highway to the
appropriate road authority.
21. If the preliminary roundabout analysis in Condition 19 determines that a roundabout
is not required for Fischer-Hallman Road and Streets One and Two, the
SUBDIVIDER must submit for review and approval, functional designs for the
required road improvements and traffic control on Fisher-Hallman Road at Streets
One and Two.
22. That prior to final approval of any plan of subdivision, the Region has the necessary
physical and financial resources to implement the Traffic Impact Study and
Intersection Control Study including, but not limited to, the roundabouts for Fischer-
Hallman Road at Streets One and Two, and the conveyance of lands owned by the
City of Kitchener situated on the west side of Fischer-Hallman Road at Street One at
no cost to the Region.
23. That prior to final approval of any plan of subdivsion, the SUBDIVIDER enters into an
agreement with the Regional Municipality of Waterloo to provide a Letter of Credit in
a form satisfactory to the Regional Solicitor for the future installation of concrete
transit pads.
24. That the SUBDIVIDER obtains Regional Road Access permits for Street One at
Fischer-Hallman Road and Street Two at Fischer-Hallman Road.
9 - 50
25. That the SUBDIVIDER enters into an agreement with the Regional Municipality of
Waterloo to erect a 1.82 metre high permanent, maintenance free fence, where
necessary, adjacent to Fischer-Hallman Road (Regional Road 58) in accordance
with Regional policies and procedures, except where a noise attenuation wall may be
required as per Condition No. 6 above.
26. That the SUBDIVIDER enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and municipal
wastewater treatment services prior to final approval or any agreement for the
installation of underground services, whichever occurs first. Where the
SUBDIVIDER has already entered into an agreement for the installation of
underground servicing with the area municipality, such agreement shall be amended
to provide for a Regional Agreement for Servicing prior to registration of any part of
the plan. The Regional Commissioner of Transportation and Environmental Services
shall advise prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the plan to
be registered.
27. That the SUBDIVIDER include the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the Planning
Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or
purchase and sale are not yet registered as a plan of subdivision. The fulfillment of
all conditions of draft plan approval, including the commitment of water supply and
sewage treatment services thereto by the Region and other authorities, has not yet
been completed to permit registration of the plan. Accordingly, the purchaser should
be aware that the vendor is making no representation or warranty that the lot, lots,
block or blocks which are the subject of this agreement of lease or purchase and sale
will have all conditions of draft plan approval satisfied, including the availability of
servicing, until the plan is registered."
4. OTHER AGENCY CONDITIONS
1. Prior to any grading or construction on the site and prior to registration of any plan, the
owners or their agents shall submit the following plans and reports to the satisfaction
of the Grand River Conservation Authority.
a) A detailed storm water management report in accordance with the 2003 Ministry of
the Environment Report entitled "Stormwater Management Planning and Design
Manual" and in keeping with the Preliminary Stormwater Management Report
(October 2007) and letters dated February 27, 2009 and July 22, 2009 prepared by
MTE Consultants Inc.
b) A detailed Lot Grading, Servicing and Storm Drainage Plan.
c) An Erosion and Siltation Control Plan in accordance with the Grand River
Conservation Authority's Guidelines for sediment and erosion control, indicating the
means whereby erosion will be minimized and silt maintained on-site throughout all
phases of grading and construction.
d) The submission and approval of Development, Interference with Wetlands and
Alterations to Watercourses and shorelines permit from the GRCA prior to the
9-51
construction of the stormwater management outlet and removal of a small isolated
wetland pocket if the same is within or proposed to service the plan to be registered.
e) Prior to grading or registration, whichever may occur first, the SUBDIVIDER agrees
to work with the downstream land owner(s) and CITY to complete an erosion
analysis and works required to mitigate adverse erosion impact of the south branch
of Strasburg Creek to the satisfaction of the CITY's Director of Engineering and the
Grand River Conservation Authority.
2. That prior to the Registration of Stage 1, the owner agrees to make satisfactory
arrangements with the Waterloo Catholic District School Board with respect to Block
13 (Stage 1).
5. CLEARANCE CONDITIONS
1. That prior to the signing of the final plan by the Director of Planning, the Director shall
be advised by the Regional Commissioner of Planning and Housing and Community
Services that Conditions 1-27 have been carried out to the satisfaction of the
Regional Municipality of Waterloo. The clearance letter from the Region 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 CITY's Director of Planning, the
Director shall be advised by the telephone company that Conditions 2.2.8 and 2.2.9
has been carried out satisfactorily. The clearance letter should contain a brief
statement as to how the condition was satisfied.
3. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.7 and 2.2.9
have been carried out satisfactorily. The clearance letter from Kitchener Wilmot
Hydro should contain a brief statement as to how the conditions were satisfied.
4. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by the Grand River Conservation Authority that Condition
4.1 has been carried out satisfactorily. The clearance letter should contain a brief
statement as to how the condition was satisfied.
5. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by the Waterloo Catholic District School Board that
Condition 4.2 has been carried out satisfactorily. The clearance letter should contain
a brief statement as to how the condition was satisfied.
6. NOTES
Development Charges
1. The owner/developer is advised that the provisions of the Development Charge By-
law of the City of Kitchener and Regional Development Charge By-law 04-049, are
applicable.
Conveyance of Lands
Conveyance of lands to the City of Kitchener and Regional Municipality of Waterloo:
If the land to be conveyed to the City of Kitchener and Regional Municipality
of Waterloo can be more easily described in the conveyance by reference to
a Registered Plan than by 'metes and bounds', it is suggested that the
description be so worded.
9 - 52
ii) It is further suggested that the owner give to the City of Kitchener and
Regional Municipality of Waterloo an undertaking to deposit with the City
Clerk and Regional Solicitor a properly executed copy of the conveyance
concurrent with the registration of the plan.
The date and number of the document effecting the closing of the portion of original
road allowances included in this plan of subdivision shall be noted on the plan.
Registry Act
3. The final plans for Registration must be in conformity with Ontario Regulation 43/96,
as amended, under The Registry Act.
Review
4. Draft approval will be reviewed by City of Kitchener Council from time to time to
determine whether draft approval should be maintained.
Updated Information
5. It is the responsibility of the owner of this draft plan to advise the Regional
Municipality of Waterloo and the City of Kitchener Planning and Development
Departments of any changes in ownership, agent, address and phone number.
Agreement
6. Most of the Regional Municipality of Waterloo conditions can be satisfied through an
agreement. The onus is on the owner to contact Regional staff in writing to request
the preparation of such an agreement. A copy of a reference plan showing the lands
to be registered that are affected by the agreement and the conditions to be covered
by the agreement should be provided. The fees for the preparation and registration of
this agreement, payable to the Regional Municipality of Waterloo, are currently
$515.00 plus disbursements.
Regional Fees
7. The owner/developer is advised that the Regional Municipality of Waterloo has
adopted By-Law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c.
P.13, to prescribe a tariff of fees for application, recirculation, draft approval,
modification to draft approval and registration release of plans of subdivision.
Approvals for Servicing Systems
8. The proposed water distribution system meets the definition of a "water works" as
defined in the Ontario Water Resources Act. Prior to the construction of the proposed
water supply system. The proponent must ensure that the application for approval of
water works, and appropriate supporting information, are submitted to the Ministry of
the Environment for approval.
stormwater Management
9. The proposed stormwater management system meets the definition of a "sewage
works" as defined in the Ontario Water Resources Act. Therefore, approval of the
Director must be obtained under Section 53 of the Ontario Water Resources Act prior
to the construction of the proposed stormwater management system. The proponent
must ensure that the application for approval of sewage works, and appropriate
supporting information, are submitted to the Ministry of the Environment for approval.
Sewage System
9 - 53
10. The proposed sanitary sewage collection system meets the definition of a "sewage
works' as defined in the Ontario Water Resources Act. Therefore, approval of the
Director must be obtained under section 53 of the Ontario Water Resources Act prior
to the construction of the proposed sanitary sewage collection system. The
proponent must ensure that the application for approval of sewage works, and
appropriate supporting information, are submitted to the Ministry of the Environment
for approval.
Planning Act Applicability
11. This draft plan was received on or after May 22, 1996 and shall be processed and
finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by
S.O. 1996, c.4 (Bill 51 ).
Regional Servicing Agreement
12. The owner/developer is advised that draft approval is not a commitment by The
Regional Municipality of Waterloo to water and wastewater servicing capacity. To
secure this commitment the owner/developer must enter into an "Agreement for
Servicing" with The Regional Municipality of Waterloo by requesting that the Region's
Planning and Culture Department initiate preparation of the agreement. When
sufficient capacity is confirmed by the Region's Commissioner of Engineering to
service the density as defined by the plan to be registered, the owner/developer will
be offered an "Agreement for Servicing". This agreement will be time limited, define
the servicing commitment by density and use. Should the "Agreement for Servicing"
expire prior to plan registration, a new agreement will be required.
The owner/developer is to provide the Regional Municipality of Waterloo with two
print copies of the proposed plan to be registered along with the written request for a
servicing agreement.
Registration Release
13. To ensure that a Regional Release is issued by the Regional Commissioner of
Planning and Culture to the City of Kitchener prior to year end, it is the responsibility
of the owner to ensure that all fees have been paid, that all Regional conditions have
been satisfied and the required clearance letters, agreements, prints of plan to be
registered ,and any other required information or approvals have been deposited
with the Regional Planner responsible for the file, no later than December 15th.
Regional staff can not ensure that a Regional Release would be issued prior to year
end where the owner has failed to submit the appropriate documentation by this
date.
Final Plans
14. When the survey has been completed and the final plan prepared, to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener.
If the plans comply with the terms of approval, and we have received an assurance
from the Regional Municipality of Waterloo and applicable clearance agencies that
the necessary arrangements have been made, the [enter title of person(s) authorized
to sign plan], signature will be endorsed on the plan and it will be forwarded to the
Registry Office for registration. The following is required for registration and under
The Registry Act and for our use:
One (1) original mylar
four (4) mylar copies
four (4) white paper prints
9 - 54
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6014.40
BECKER ESTATES
DRAFT PLAN OF SUBDIVISION 30T-07205
COMMEMORATION COST-SHARING SCHEDULE
• Developer cost-sharing includes park commemoration and development beyond
standard developer responsibility
• City cost-sharing includes standard park development
• Standard Developer costs for parkland development excluded from cost-sharing
• Minimum Developer and City contribution to be $123,000 and $150,000
respectively (2009 dollars)
• Budgeted contributions allocated to individual parks/parkettes that are not
expended for any park development are to be increased on an annual basis as of
June 1 based on the Construction Price Index
• Securities for budgeted Developer contributions will be held by the City as per the
Subdivision Agreement as a rolling letter of credit to be reviewed annually to
ensure sufficient financial securities including the indexing (CPI) (calculated as of
June 1)
The following sets out the Maximum Budgeted contributions by the Developer and City
for all Parks/Parkettes:
PARK/PARKETTE DEVELOPER CITY TOTAL
CONTRIBUTION CONTRIBUTION
Block 14, Stage 1 $23,500 $16,000 $39,500
(Huron/Plains Parkette)
Block 15, Stage 1 $20,000 $75,000 $95,000
(East Central Park)
Block 6, Stage 6 $19,500 $11,000 $30,500
(Parkette 1)
Block 6, Stage 8 $21,500 $11,000 $32,500
(Parkette 2)
Block 5, Stage 9 $20,500 $37,000 $57,500
(South Plains Parkette 3)
Commemoration in ROW $18,000 $0.00 $18,000
$123,000 $150,000 $273,000
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