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HomeMy WebLinkAboutCSD-12-002 - Draft Plan of Subdivison & Zone Change ApplicationS~a~F Re opt I~TC~~nT~~ CommunrtyServicesDepar~men~ www.kitchenerca REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: January 9, 2012 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Katie Anderl, Senior Planner 519-741-2987 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: January 3 , 2012 REPORT NO.: CSD-12-002 SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-10202 ZONE CHANGE APPLICATION ZC10/08/Z/KA OLD ZELLER DRIVE /FAIRWAY ROAD NORTH OWNER: ROCKWAY HOLDINGS LIMITED & GRAND RIVER CONSERVATION AUTHORITY EXECUTIVE SUMMARY: Rockway Holdings Limited and the Grand River Conservation Authority are seeking approval of a draft Plan of Subdivision and a Zone Change to allow the subject lands to be developed with a residential subdivision having a mix of single detached dwellings, street townhouse dwellings and multiple dwellings. The subject plan includes parks and parkettes, a storm water management pond and connections to the Walter Bean Trail. Staff are in support of the proposed Plan of Subdivision and associated zone change, subject to the conditions outlined in this report. 2-1 RECOMMENDATIONS: A. That the Grand River South Community Plan be repealed in its entirety; AND B. That Zone Change Application ZC 10/08/Z/KA for Rockway Holdings Limited for the purpose of changing the zoning from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R, and from Hazard Land Zone (P-3) to Residential Three Zone (R-3), Residential Four Zone (R-4), Residential Six Zone (R-6), Public Park Zone (P-1) and Hazard Land Zone (P-3) with site specific special provisions be approved in the form shown in the "Proposed By-law" dated October 19, 2011 attached to Report CDS 12-002 as Appendix `B'; AND FURTHER C. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-10202 in the City of Kitchener, for Rockway Holdings Limited, subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T-10202 for Rockway Holdings Limited as shown on the plan prepared by IBI Group dated November 21, 2011 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated December 30, 2011, which shows the following: Stage 1 Blocks 1-2 Single Detached Residential Block 3 Open Space/SWM Blocks 4-6 0.3 m Reserve (3) 20 units Stage 2 Blocks 1-8 Single Detached Residential Blocks 9-12 Street-fronting Townhouse Block 13 Multiple Residential Block 14 Park Blocks 15-16 Walkway Blocks 17-20 0.3 m Reserve (4) Stage 3 Blocks 1-7 Single Detached Residential Blocks 8-11 Street-fronting Townhouse Block 12 Park 53 units 45 units 92 units 80 units 41 units Blocks 13-16 0.3 m Reserve (4) Stage 4 Blocks 1-5 Single Detached Residential Blocks 6-9 Street-fronting Townhouse Block 10 Multiple Residential Blocks 11-14 0.3 m Reserve (4) 23 units 45 units 162 units Stage 5 Blocks 1-7 Single Detached Residential Blocks 8-9 Park Block 10 Stormwater Management Block 11 0.3 m Reserve (1) 58 units 2- 2 Stage 6 Blocks 1-10 Single Detached Residential 97 units Block 11 Park Block 12 0.3 m Reserve (1) 2 Stage 7 Blocks 1-4 Single Detached Residential 47 units Block 5 0.3 m Reserve (1) Stage 8 Block 1 Multiple Residential 243 units Block 2 Park/Open Space Block 3 Walkway Total Units: 1006 CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision dated December 30, 2011 which shall contain the following special conditions: Part 2 - Prior to Grading 2.7 When the accepted Area Grading, Erosion and Siltation Control Plan requires cut or fill, it shall be incumbent upon the SUBDIVIDER to recognize the details of the soil conditions for the lots and blocks and to take all steps necessary to make the lots and blocks adequate for foundations. Therefore, immediately following area grading, the SUBDIVIDER shall submit to the satisfaction of the CITY'S Chief Building Official, soils and engineering reports prepared by a qualified Geotechnical Engineer, which shall contain the following: a) Details of such grading operations, including specifically areas containing structural fill, and a summary sheet and plan designating all lots and blocks within the registered plan in the following categories: i) lots and blocks with proposed footing elevations in native undisturbed soil; ii) lots and blocks with proposed footing elevations in/on structural fill material, placed under supervision and tested to determine that adequate bearing capacity was achieved; iii) lots and blocks with proposed footing elevations in/on structural fill material, which requires further testing by a qualified geotechnical engineer prior to the footings being poured; and iv) proposed footing elevations are defined as a minimum of 1.2 metres below the proposed finished grade as shown on the approved Lot Grading Control Plan. 2-3 b) In clauses ii) and iii) above, plans shall be provided illustrating the limits of the structural fill material placed if it is less than the total lot or block area; and, c) No building permits shall be available for those lots and/or blocks in the affected stage until the required soils report has been submitted to the CITY'S Chief Building Official, a reasonable time for review has transpired and the SUBDIVIDER has submitted to the CITY'S Chief Building Official a detailed list specifying the affected lots or blocks, arising out of the summary sheet provided in clause a) above. Further, the SUBDIVIDER agrees to submit an engineering report to the satisfaction of the CITY's Chief Building Official and the CITY's Director of Engineering Services prepared by a qualified Engineer, listing the lowest allowable bottom of footing elevation for all lots and blocks, the minimum separation being 0.6 metres above seasonally high groundwater level and/or perched aquifer elevation. As part of the engineering report details, the SUBDIVIDER shall demonstrate the difference of elevation between groundwater elevations to the underside of footing elevations based on a minimum two year groundwater elevation monitoring. In addition, the SUBDIVIDER agrees to submit a detailed Hydrological Investigation Report that provides information on the existing perched groundwater to the satisfaction of the CITY's Director of Engineering and the CITY's Chief Building Official. This report shall include recommendations for house construction within areas of perched groundwater, and shall give details and recommendations for at-source infiltration under current site conditions. Where lots are proposed in areas with perched groundwater, a qualified geotechnical engineer shall provide the minimum underside of footing elevation for those lots on the Lot Grading Plans. A letter is required from the qualified geotechnical engineer certifying that the minimum elevations are correct to the satisfaction of the City's Director of Engineering. Groundwater collection systems may not be used to lower groundwater elevations within this plan of subdivision. 2.11 Prior to commencing any grading, the SUBDIVIDER shall sign a CITY Standard Residential Subdivision Agreement and the agreement shall be registered against title of the subdivision lands. 2.12 Prior to grading or registration, whichever shall occur first, the SUBDIVIDER shall surrender their pit licence to the Ministry of Natural Resources. A copy of the Ministry's letter notifying the licensee of acceptance of the licence surrender shall be submitted to the satisfaction of the CITY's Director of Planning and the Regional Municipality of Waterloo. In addition, the SUBDIVIDER shall provide a letter to the satisfaction of the CITY's Director of Planning and the Regional Municipality of Waterloo confirming that all activities associated with the pit have ceased. 2.13 Prior to grading, the SUBDIVIDER shall submit a detailed grading plan illustrating that all proposed residential lots are located above the 2-4 regulatory floodline and flood elevations, to the satisfaction of the CITY's Director of Engineering 2.14 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit, obtain approval of and implement a detailed monitoring program to evaluate the performance of infiltration galleries (including pre-construction and post-construction phases) and to identity if the required water balance is met, to the satisfaction of the CITY's Director of Engineering Services in consultation with the Regional Municipality of Waterloo and the Grand River Conservation Authority. 2.15 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit an Infiltration Contingency Plan to the satisfaction of the CITY's Director or Engineering Services in consultation with the Regional Municipality of Waterloo and the Grand River Conservation Authority. Part 3 - Prior to Servicing 3.7 The SUBDIVIDER shall warrant and guarantee and hereby warrants and guarantees all works and services provided for in Section 1.4 against all defects of material and workmanship for a period of 24 months from its completion and acceptance. Acceptance of all services set out in Section 1.4 shall be in writing by the CITY'S Director of Engineering Services or the Engineer of HYDRO under whose control and management the work falls. Underground works, up to and including the first course of asphalt, will be accepted separately from above ground works. Each above ground work may be accepted on a street by street basis. 3.10 The SUBDIVIDER agrees to pay to the CITY'S Director of Engineering Services, an administration fee, of a percentage amount of the value of the cost of the public services, as determined by the CITY'S Director of Engineering Services, for the approval of engineering drawings. The said percentage amount of the fee shall be as prescribed by Council from time to time. Fifty (50%) per cent of the fee is to be paid prior to the first submission of engineering drawings with the balance of the fee (50%) being paid prior to approval of the final set of engineering drawings. 3.17 Prior to the servicing or registration, whichever shall occur first, of each stage, the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of the CITY'S Director of Transportation Planning, in consultation with the CITY'S Director of Engineering Services, in accordance with the CITY'S On-Street Parking Policy, as approved and amended. The On-Street Parking Plan shall be considered in accordance with the servicing drawings and shall generally provide for one on-street parking space for every two dwelling units where reasonable. Other options such as driveway length, garage space, communal parking facilities, and/or parking along the park frontage, may be considered in accordance with the CITY's Policy. 3.18 The SUBDIVIDER shall confirm to the satisfaction of the City's Director of Engineering Services that the servicing drawings: 2-5 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. 3.19 Prior to servicing or registration, whichever shall come first, 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 Eden Oak Trail, Grand Flats Trail, and the adjacent edge of Fairway Road North, to the satisfaction of the CITY'S Director of Planning, in consultation with the CITY'S Director of Transportation Planning, CITY'S Director of Engineering, and the CITY'S Director of Operations. The Streetscape Plan for Grand Flats Trail within Stage 6 shall also be to the satisfaction of the City's Coordinator of Heritage Planning. Streetscaping of this section of Grand Flats Trail shall be in accordance with the view corridor recommendations of the Heritage Impact Assessment prepared by the Landplan Collaborative Ltd. date January 25, 2010 and amended February 12, 2010; The Streetscape Plan shall illustrate a consistent streetscape theme for the Priority Streets showing: a) Design and construction details for a centre median boulevards at the intersection and the centre median of the roundabout at the intersection of Grand Flats Trail and Eden Oak Trail with preference for low-maintenance, sustainable plantings and decorative streetscape elements; and centre median of the roundabout. b) Design and construction details for traffic calming features including centre medians, alternate intersection treatments such as a neighbourhood traffic circles, and traffic calming measures such as pavement narrowing, curb extensions, centre medians or other; c) Conceptual gateway features at the Eden Oak Trail and Fairway Road North intersection; 2-6 d) Conceptual street tree planting locations for Grand Flats Trail, Eden Oak Trail and Fairway Road North; e) Conceptual locations and type of flankage lot streetscape features, such as decorative fencing and landscaping between the side yard fencing and the property line of flankage lots; f) Potential locations of utilities and transit stops; The centre medians and traffic calming features shall be installed by the SUBDIVIDER with the initial road construction. 3.20 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 1-2), Stage 2 (Block 1-8) Stage 3 (Block 1-7), Stage 4 (Block 1-5), Stage 5 (Blocks 1-7), Stage 6 (Blocks 1-10), and Stage 7 (Blocks 1-4) shall have a mixture of lot widths. The Lotting Plan for each Stage shall reflect the provision of priority lots as indicated on the Priority Lotting Plan required by condition 3.25. 3.21 Prior to Servicing of each stage requiring new stormwater management facilities, including stormwater management ponds, infiltration galleries and other related appurtenances, the SUBDIVIDER shall provide a letter of credit based on 60% of the estimated cost of the approved infiltration facilities, and 100% of the estimated cost of any contingency infiltration facilities to the satisfaction of the CITY's Director of Engineering Services. The Letter of Credit will be released two years after 95% of the pond catchment area is stabilized (meaning buildings are constructed and lot/blocks are sodded/vegetated) and the SUBDIVIDER's consulting engineer has certified the infiltration facilities are functioning as intended and approved to the satisfaction of the CITY's Director of Engineering Services. 3.22 Prior to Servicing or Registration, whichever shall 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 Kitchener Wilmot 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 Kitchener Wilmot Hydro. 3.23 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit an operational analysis and functional design for the roundabout at the intersection of Eden Oak Trail and Grand Flats Trail, prepared by a qualified roundabout design engineer to the satisfaction of the CITY's Director of Engineering Services in consultation with the CITY's Director of Transportation Planning. 3.24 Prior to Servicing or Registration of Stage 2, whichever shall occur first, the SUBDIVIDER agrees to submit a functional design for the 2 - 7 implementation of bicycle lanes, intersection curb extensions and on- street parking on both sides of Eden Oak Trail and Grand Flats Trail. 3.25 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of the CITY'S Director of Planning, and for Viewshed Priority Lots in consultation with the CITY's Coordinator of Cultural Heritage. The Design Guidelines for Priority Lots shall include, but not be limited to, the following considerations: a) For Corner 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 and landscaping. b) For Terminating Vista 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, landscaping, etc. c) For Park 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; and consideration to fencing and landscaping. d) For Gateway Priority Lots, building elevation drawings shall ensure that consideration has been given to design treatment along the road frontage including such items as the provision for porches, porticos, stairs or other projections, horizontal articulation, brick and masonry style skirting and/or accentuated windows. e) For Viewshed Priority Lots, being those lots located along Grand Flats Trail within Blocks 4, 5, 8 and 9 (Stage 6) and Block 4 (Stage 7), building elevation drawings to ensure consideration has been given to design treatment along the road frontage including items such as the provision for porches, porticos, stairs or other projections, horizontal articulation, brick and masonry-style skirting and/or accentuated windows; and consideration fencing, landscaping and driveway location. 3.26 a) That prior to Registration of Stage 1 or servicing, whichever shall occur first, the SUBDIVIDER agrees to complete a Record of Site Condition for lands identified as 806 Zeller Drive. Until the Record of Site Condition has been completed and acknowledged by the Ministry of the Environment, the CITY will not accept the dedication of Block 3 2 - (Stage 1) and Blocks 9-10 (Stage 5) or any road right-of-ways impacted by Holding Provision 62H. One copy of the completed Record of Site Condition, together with the Ministry filing acknowledgement letter, should be forwarded to the satisfaction of the CITY's Director of Planning. b) That prior to Registration of Stage 1 or servicing, whichever shall occur first, the SUBDIVIDER agrees to provide the CITY with one copy of the completed Record of Site Condition for that portion of the plan referred to as 856 Zeller Drive (RSC registration #109912), to the satisfaction of the CITY's Director of Planning. 3.27 Prior to Servicing, the SUBDIVIDER shall submit a Water Servicing Report that reviews the extent of the lands to be serviced by the municipal water distribution network to the satisfaction of the CITY's Director of Engineering in consultation with Kitchener Utilities. 3.28 Prior to Servicing, the SUBDIVIDER shall submit a design to the satisfaction of the CITY's Director of Engineering Services in consultation with the Grand River Conservation Authority, for a sized outlet channel in Block 3 (Stage 1), overland flow channel in Block 10 (Stage 5) and for the outlet channel downstream of the Fairway Road North extension culvert crossing. Further, the SUBDIVIDER agrees to construct the outlet channel in Block 3 (Stage 1), overland flow channel in Block 10 (Stage 5) and for the outlet channel downstream of the Fairway Road North extension culvert crossing together with the construction of the stormwater management pond. The SUBDIVIDER agrees to be responsible for all costs associated with the works described in this clause. 3.29 Prior to Servicing, the SUBDIVIDER agrees to make arrangements for the construction of the sanitary outlet pipe to the Zeller Drive Pumping Station to the satisfaction of the CITY's Director of Engineering Services. This includes, but is not limited to, securing lands for the pipe and maintenance access roads, and submitting detailed designs for review and approval. Further, the SUBDIVIDER agrees to construct the sanitary outlet pipe and related maintenance access route to the Zeller Drive Pumping Station to the satisfaction of the CITY's Director of Engineering. 3.30 Prior to or concurrently with the Servicing of Stage 2, the SUBDIVIDER agrees to submit an infiltration design to meet the site water balance. To support the design, the SUBDIVIDER shall submit for review a detailed Geotechnical and Hydrogeological Investigation Report that discusses in further detail the suitability of soils to support the infiltration measures proposed, including further soil investigations, to the satisfaction of the Director of Engineering Services in consultation with the Regional Municipality of Waterloo and the Grand River Conservation Authority. If existing soil conditions are not conducive to infiltration in the areas identified for infiltration, the SUBDIVIDER agrees to replace existing soils with permeable soils. Any third pipe system proposed to convey roof 2-9 water to infiltration facilities may require additional financial arrangements to be paid for by the SUBDIVIDER for replacement cost of such system. The costs will be determined during the detailed design stage to the satisfaction of the Director of Engineering Services. 3.31 Prior to Servicing the SUBDIVIDER agrees to provide a Detailed stormwater Management Report showing updated catchment areas of adjacent subdivision 30T-97013. Further, the stormwater management pond shall be designed to accommodate flooding that may result from the Grand River reaching levels up to the Regional flood level, to the satisfaction of the CITY's Director of Engineering in consultation with the Grand River Conservation Authority. 3.32 That prior to Servicing or Registration, whichever occurs first, the SUBDIVIDER agrees to confirm that lands required for the stormwater outlet channel, the sanitary outlet pipe, and related maintenance access route, all of which are located downstream of the Fairway Road North culvert crossing, have been acquired to the satisfaction of the City's Solicitor in consultation with the Director of Engineering and Director of Planning. These lands shall be dedicated to the CITY to the satisfaction of the CITY's Director of Engineering and CITY Solicitor at the time of the first registration. All costs associated with the acquisition, transfer and conveyance of such lands to the CITY shall be the responsibility of the SUBIDIVDER. 3.33 Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall prepare and receive approval of detailed design drawings and development budget for the park and trails located on Block 14 (Stage 2), Block 12 (Stage 3), Blocks 8-9 (Stage 5), Block 11 (Stage 6), Block 2-3 (Stage 8) prior to servicing or registration of the associated stage, to satisfaction of CITY'S Director of Operations and the CITY'S Director of Planning. The design of Block 9 (Stage 5) & Block 11 (Stage 6) should give consideration maintaining view corridors to the Grand River Valley in accordance with the recommendations of the Heritage Impact Assessment prepared by Landplan Collaborative (January, 25 2010 and amended February 12, 2010). Further to the detailed park design drawings and development budget for Block 11 (Stage 6), and in the interest of commemorating the Grand River as a Canadian Heritage River, the SUBDIVIDER agrees to prepare a Commemoration Plan outlining the design, location and budget for construction of commemorative features to the satisfaction of the CITY's Director of Operations and the CITY's Coordinator, Cultural Heritage Planning. Such features may include interpretive displays or signage, together with landscaping to preserve and enhance views and vistas to the Grand River and the river valley. The SUBDIVIDER shall be responsible for all costs associated with the design and construction of such commemorative features. 3.34 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit a Storm Servicing Plan and Sanitary Servicing Plan which show improved construction standards for storm and sanitary sewers, including enhanced exfiltration testing criteria stipulating that test results may NOT be averaged and that no single test 2-10 may exceed the exfiltration rates as defined in the City of Kitchener's Subdivision Design Manual, to the satisfaction of the CITY's Director of Engineering in consultation with the Regional Municipality of Waterloo. 3.35 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit a Sanitary Servicing Plan which shows improved construction standards for all individual sanitary connections, including inspection and testing according to the City of Kitchener's exfiltration testing criteria, to the satisfaction of the CITY's Director of Engineering in consultation with the Regional Municipality of Waterloo. Part 4 -Prior to the Application for and Issuance of any Building Permits 4.17 The SUBDIVIDER shall obtain Site Plan Approval from the CITY's Supervisor of Site Development for any blocks abutting a Regional Road. All buildings located adjacent to a Regional Road shall be designed in accordance with any approved CITY or Regional Municipality of Waterloo Fairway Road North Design/Streetscape Guidelines or Plans and lands will be developed such that road traffic noise from Fairway Road will be attenuated through building layout, materials and design, and not through the use of physical noise walls. 4.20 The SUBDIVIDER shall install permanent 1.2 metre high, paige wire fencing and/or an alternate marking system to the satisfaction of the CITY's Director of Operations along the perimeter of all lots and blocks abutting publicly owned open space, stormwater management areas, Environmentally Sensitive Policy Areas or hazard lands. 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed plan of subdivision to the satisfaction of the CITY's Director of Engineering Services or the CITY's Chief Building Official in consultation with CITY's Director of Utilities. 4.23 a) The SUBDIVIDER agrees that no building permits shall be applied for or issued until satisfactory arrangements are made with the CITY'S Chief Building Official in consultation with the CITY's Fire Chief to install adirect-to-fire alarm monitoring system for each and every dwelling unit. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. b) Occupancy of each dwelling shall not be permitted until the CITY'S Chief Building Official has confirmed that such system is operational. c) Such system shall be maintained and remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 4.24 The SUBDIVIDER agrees that no building permit shall be applied for or issued for Priority Lots, as identified on the approved Priority Lotting Plan and 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 2-11 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. 4.25 The SUBDIVIDER agrees that in accordance with the Acoustical Study "Grand River Flats, Zeller Drive, Kitchener, Acoustical Study" prepared by IBI Group, dated March 2010, all dwelling units within this plan be constructed as follows, to the satisfaction of the CITY's Chief Building Official: a) with forced air-ducted heating system suitable sized and designed to permit the future installation of a central air conditioning system by the occupants, and b) with special building components with the following minimal Acoustical Insulation Factor (AIF) values: Roof: AIF 35 Walls: Bedroom Areas AIF 35; Living Dining Areas AIF 31 Windows: Bedroom Areas AIF 35; Living Dining Areas AIF 31 Furthermore, the SUBDIVIDER agrees to implement any required noise attenuation measures accepted by the Regional Municipality of Waterloo for Stage 1 (Blocks 1-2), and as recommended by the required addendum to the "Grand River Flats, Zeller Drive, Kitchener, Acoustical Study" prepared by IBI Group, dated March 2010, to the satisfaction of the CITY's Chief Building Official in consultation with the CITY's Director of Planning and the Regional Municipality of Waterloo. Part 6 -Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Fairway Road North to Zeller Drive and prohibited from using any other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.11 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities to the satisfaction of the CITY's Director of Engineering Services in consultation with Canada Post. If required, the SUBDIVIDER shall provide suitable temporary centralized mail box locations that may be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for the plan of subdivision. 6.12 Within one year of Servicing or Registration, which ever comes first, the SUBDIVIDER agrees to submit Park, Trail and Commemoration Feature tender drawings and specifications to the satisfaction of the CITY's Director of Planning, in consultation with the CITY's Director of Operations. Such drawings shall be prepared in accordance with the 2-12 approved Detailed Design and Development Budget required by condition 3.33. The SUBDIVIDER shall complete the construction of the parks, trails and commemorative features (as applicable) located within the associated stage, within one year of registration or servicing of whichever shall occur first, to the satisfaction of the CITY's Director of Operations in consultation with the CITY's Director of Engineering Services. The applicable construction costs such as grading, topsoiling, seeding, sodding, landscaping, seating, play structures and signage relating to the park and surface treatment relating to the community trail, shall be initially paid for by the SUBDIVIDER and reimbursed to the SUBDIVIDER by the CITY. Commemoratives features shall be paid for by the SUBDIVIDER. If sufficient money is not allocated from the appropriate CITY Development Change Account(s) to permit the CITY to fund these works or these works are not a Development Change eligible expense and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide and up-front the costs of these works. Should these works become a Development Charge eligible expense, the CITY agrees to recognize any monies paid by the SUBDIVIDER for any works or services normally paid out of the CITY's Development Change account and such monies to be refunded or to be recognized as a credit towards any CITY Development Charge payable for each lot or block only within the registered plan in accordance with the applicable CITY Development Charge By-law and Policies in effect at the time the monies are paid by the SUBDIVIDER for the works become a Development Charge eligible expense, whichever shall be later. If the registration of the plan is staged, 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 of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding balance remains, the Development Charges will be paid in the normal manner in accordance with the CITY's By-law. If, following the registration of the entire Plan of Subdivision and issuance of all building permits, there is any outstanding credit balance, it shall remain with the lands to be used as a credit towards 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 benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 6.13 The SUBDIVIDER shall warrant and guarantee, and hereby warrants and guarantees all parks and trails against all defects of material and workmanship for a period of 24 months from completion and acceptance. 6.14 That the SUBDIVIDER or subsequent owner agrees that geothermal wells shall not be installed within any lot or block within the plan. This condition shall not be released from title. 2-13 6.15 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with home buyers, or in Agreement of Purchase and Sale with builders that will require the builders to include a statement in all Agreements of Purchase and Sale, and/or Rental Agreements with home buyers, that: a) identify the presence of the water pressure reduction devices, where applicable, and advises that it not be removed by the owner/occupant. b) advises of the presence of lot level infiltration gallery requirements (as applicable) and the requirement to maintain such facilities. Further, occupants/owners shall be notified in the agreement of the exact location, size and intent of the infiltration galleries. The wording of the statement shall be to the satisfaction of the CITY's Director of Engineering Services. c) identify the presence of direct-to-fire alarm monitoring systems and the requirement that these systems must be maintained and must remain operational in perpetuity as a responsibility of the homeowner. The wording of the statement shall be to the satisfaction of the CITY's Chief Building Official in consultation with the CITY's Fire Chief. d) advises that due to the sensitive nature of groundwater and the proximity to GUDI wells in the Woolner well field, the installation of geothermal wells is prohibited. 6.16 That the SUBDIVIDER or subsequent Owner agrees to include the following warning clause on all Agreement of Purchase and Sale, and/or Rental Agreements with home buyers for all residential lots within Stage 1 (Blocks 1 - 2): "Due to its proximity to Zeller Drive, noise levels on this property may exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concern for some individuals. Moreover, the dwelling units have been constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air-conditioning system by the occupants". 6.17 The SUBDIVIDER shall include a statement in all Offers of Purchase and Sales Agreements, and/or rental agreements, which advises: b) that the home/business mail delivery will be from a designated Community Mail Box; and c) homeowners of the exact Community Mail Box locations. The SUBDIVIDER further agrees that the location of all Community Mail Box facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). 6.18 The SUBDIVIDER agrees to make application to lift Holding Provision 62H, and to pay for all costs associated with lifting Holding Provision 62H for all 2-14 lands to which it may apply, including those lands to be dedicated to the City of Kitchener such as parks, stormwater management facilities and roads, prior to the ownership of such lands being transferred. 6.19 Prior to occupancy, the SUBDIVIDER agrees to construct at source infiltration galleries where soils permit, to the satisfaction of the CITY's Director of Engineering. Installation of infiltration galleries shall be supervised and certified by a qualified geotechnical consultant, at the SUBDIVIDER's expense, and to the satisfaction of the CITY's Director of Engineering. 6.20 Prior to the issuance of Site Plan Approval for Block 11 (Stage 2) and Block 10 (Stage 4), the SUBDIVIDER agrees to provide final designs for gateway features at the intersection of Eden Oak Trail and Fairway Road North to the satisfaction of the CITY's Supervisor of Site Development. Such designs may be approved as part of the Landscape Plan required as part of the Site Plan Approval and shall be in accordance with the conceptual design approved on the Streetscape Plan for Priority Streets. Further, the SUBDIVIDER agrees that such gateway features shall be installed on the multiple residential blocks together with the implementation of the Landscaping Plan for the lands. All costs associated with design, installation and maintenance of the gateway features shall be the cost of the SUBIDIVIDER or subsequent Owner. 6.21 The SUBDIVIDER agrees to implement the approved functional design for the roundabout at the intersection of Eden Oak Trail and Grand Flats Trail as required by condition 3.23; and bicycles lanes, intersection curb extensions and on-street parking on both sides of Eden Oak Trail and Grand Flats Trail as required by condition 3.24, at the SUBDIVIDER's expense and to the satisfaction of the CITY's Director of Engineering, at such time as these streets are installed. 6.21 The SUBDIVIDER agrees to implement the approved Storm Servicing Plan and Sanitary Servicing Plan, as required by conditions 3.34 and 3.35, to the satisfaction of the CITY's Director of Engineering. 6.22 In the event that Stages 2 - 8 do not proceed concurrently, the SUBDIVIDER agrees to construct connections to the stormwater management pond, sanitary sewer outlet to the pumping station, and temporary access roads, and access road from Zeller Drive to the stormwater management pond prior to applying for or being issued any building permits in Stages 2 - 8 inclusive. Such, connections and temporary access road shall be designed prior to servicing of Stage 2 and shall be built at such time as services are installed for Stage 2, all to the satisfaction of the CITY's Director of Engineering. The SUBDIVDER agrees to assume all liability and costs with respect to the construction and use of the temporary access road. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil the following conditions: 1. The City Standard Residential Subdivision Agreement shall be registered on title. 2-15 2. The final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each stage prior to the registration of such stage. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. 3. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director of Planning and to obtain approval of such applications therefrom. 4. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 5. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 6. The SUBDIVIDER shall make satisfactory arrangements with Kitchener- Wlmot 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. 7. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telecommunication 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. 8. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to the Kitchener-Wilmot Hydro, telecommunication companies and the CITY, to the CITY's Director of Planning. b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/ Enhancement Plan; 2-16 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 and the CITY's Director of Engineering Services, 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 Kitchener-Wilmot Hydro, telecommunication companies (Bell and Rogers). Such letters shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 9. That prior to Servicing or Registration, whichever occurs first, the SUBDIVIDER agrees to confirm that lands required for the stormwater outlet channel, the sanitary outlet pipe, and related maintenance access route, all of which are located downstream of the Fairway Road North culvert crossing, have been acquired to the satisfaction of the City's Solicitor in consultation with the CITY's Director of Engineering and Director of Planning and the Regional Municipality of Waterloo. These lands shall be dedicated to the CITY to the satisfaction of the CITY's Director of Engineering and CITY Solicitor at the time of the first registration. All costs associated with the acquisition, transfer and conveyance of such lands to the CITY shall be the responsibility of the SUBDIVIDER. 10. The SUBDIVIDER shall dedicate all roads, road widenings, daylight triangles and public walkways to the CITY 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) Block 3 for stormwater management; b) Blocks 4 - 6 for 0.3 metre reserves. Stage 2: a) Block 14 for park; b) Blocks 17 - 20 for 0.3 metre reserves. Stage 3: a) Block 12 for park; b) Blocks13 - 16 for 0.3 metre reserves. Stage 4: a) Blocks 11 - 14 for 0.3 metre reserves. Stage 5: a) Blocks 8 - 9 for park; b) Block 10 for open space/stormwater management; c) Blocks 11 for 0.3 metre reserve. Stage 6: a) Block 11 for park; 2-17 b) Block 12 for 0.3 metre reserve. Stage 7: a) Block 5 for 0.3 metre reserve. Stage 8: a) Block 2 for park. 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, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Director of Planning; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility 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 Planning Division. f) In addition to the standard subdivision sign content, the subdivision signs shall include: the approved NEF noise contour and planning contour information; and a warning clause for all lands within the plan to read as follows: 2-18 WARNING Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals. 13. The SUBDIVIDER shall satisfy the total parkland dedication for the entire subdivision, by the conveyance of Block 14 (Stage 2), Block 12 (Stage 3), Blocks 8-9 (Stage 5), Block 11 (Stage 6), Block 2 (Stage 8) to the CITY, at no cost and free of encumbrance; 14. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan. 15. Prior to Servicing or Registration, whichever shall come first, the SUBDIVIDER shall prepare and receive approval of detailed design drawings and development budget for the park and trails located on Block 14 (Stage 2), Block 12 (Stage 3), Blocks 8-9 (Stage 5), Block 11 (Stage 6), Block 2-3 (Stage 8) prior to servicing or registration of the associated stage, to satisfaction of CITY'S Director of Operations and the CITY'S Director of Planning. The design of Block 9 (Stage 5) & Block 11 (Stage 6) should give consideration maintaining view corridors to the Grand River Valley in accordance with the recommendations of the Heritage Impact Assessment prepared by Landplan Collaborative (January, 25 2010 and amended February 12, 2010). Further to the detailed park design drawings and development budget for Block 11 (Stage 6), and in the interest of commemorating the Grand River as a Canadian Heritage River, the SUBDIVIDER agrees to prepare a Commemoration Plan outlining the design, location and budget for construction of commemorative features to the satisfaction of the CITY's Director of Operations and the CITY's Coordinator, Cultural Heritage Planning. Such features may include interpretive displays or signage, together with landscaping to preserve and enhance views and vistas to the Grand River and the river valley. The SUBDIVIDER shall be responsible for all costs associated with the design and construction of such commemorative features. 16. Prior to Servicing or Registration, whichever shall come first, 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 Eden Oak Trail, Grand Flats Trail, and the adjacent edge of Fairway Road North, to the satisfaction of the CITY'S Director of Planning, CITY'S Director of Transportation Planning, CITY'S Director of Engineering, and the CITY'S Director of Operations. The Streetscape Plan for Grand Flats Trail within Stage 6 shall also be to the satisfaction of the City's Coordinator of Heritage Planning. Streetscaping of this section of Grand Flats Trail shall be in accordance with the view corridor recommendations of the Heritage Impact Assessment prepared by the Landplan Collaborative Ltd. date January 25, 2010 and amended February 12, 2010; 2-19 The streetscape Plan shall illustrate a consistent streetscape theme for the Priority Streets showing: a) Design and construction details for a centre median boulevards at the intersection and the centre median of the roundabout at the intersection of Grand Flats Trail and Eden Oak Trail with preference for low-maintenance, sustainable plantings and decorative streetscape elements; and centre median of the roundabout. b) Design and construction details for traffic calming features including centre medians, alternate intersection treatments such as a neighbourhood traffic circles, and traffic calming measures such as pavement narrowing, curb extensions, centre medians or other; c) Conceptual gateway features at the Eden Oak Trail and Fairway Road North intersection; d) Conceptual street tree planting locations for Grand Flats Trail, Eden Oak Trail and Fairway Road North; g) Conceptual locations and type of flankage lot streetscape features, such as decorative fencing and landscaping between the side yard fencing and the property line of flankage lots; h) Potential locations of utilities and transit stops; The centre medians and traffic calming features shall be installed by the SUBDIVIDER with the initial road construction. 17. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of the CITY'S Director of Planning, and for Viewshed Priority Lots in consultation with the CITY's Coordinator of Cultural Heritage. The Design Guidelines for Priority Lots shall include, but not be limited to, the following considerations: a) For Corner 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 and landscaping. b) For Terminating Vista 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, landscaping, etc. c) For Park Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along the road 2 - 2~ 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; and consideration to fencing and landscaping. d) For Gateway Priority Lots, building elevation drawings shall ensure that consideration has been given to design treatment along the road frontage including such items as the provision for porches, porticos, stairs or other projections, horizontal articulation, brick and masonry style skirting and/or accentuated windows. e) For Viewshed Priority Lots, being those lots located along Grand Flats Trail within Blocks 4, 5, 8 and 9 (Stage 6) and Block 4 (Stage 7), building elevation drawings to ensure consideration has been given to design treatment along the road frontage including items such as the provision for porches, porticos, stairs or other projections, horizontal articulation, brick and masonry-style skirting and/or accentuated windows; and consideration fencing, landscaping and driveway location. 18. The SUBDIVIDER shall prepare a Street Tree Planting Plan prior to registration of each stage to the satisfaction of the CITY'S Director of Planning, in consultation with the CITY'S Director of Operations. The location of street tree plantings along Grand Flats Trail within Blocks 4, 5, 8 and 9 (Stage 6) and Block 4 (Stage 7) should give consideration to maintenance of a view corridor to the Grand River, and shall be prepared in consultation with the CITY's Coordinator of Cultural Heritage. 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. The Street Tree Planting Plan shall be prepared in accordance with the Streetscape Plan for Priority Streets where applicable. 19. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall have landscape plans of the stormwater management facilities and medians associated with the roundabout prepared by a Landscape Architect acceptable to the CITY's Director of Operations, in consultation with the CITY's Director of Engineering Services and to obtain therefrom, approval of such plans. 20. Prior to Servicing or Registration, whichever shall occur 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 Kitchener Wilmot 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 Kitchener Wilmot Hydro. 2-21 21. Prior to Servicing or Registration, whichever shall occur first, of each stage, the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of the CITY'S Director of Transportation Planning, in consultation with the CITY'S Director of Engineering Services, in accordance with the CITY'S On-Street Parking Policy, as approved and amended. The On-Street Parking Plan shall be considered in accordance with the servicing drawings and shall generally provide for one on-street parking space for every two dwelling units where reasonable. Other options such as driveway length, garage space, communal parking facilities, and/or parking along the park frontage, may be considered in accordance with the CITY's Policy. 22. The SUBDIVIDER agrees that the plan shall be registered in eight 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 1, and not before Fairway Road North road works have been completed and a Regional Road Access Permit has been granted, thereby providing a secondary means of access; c) Stage 3 shall be registered concurrently with or subsequent to Stage 2; 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 4; f) Stage 6 shall be registered concurrently with or subsequent to Stage 5; g) Stage 7 shall be registered concurrently with or subsequent to Stage 6; h) Stage 8 shall be registered concurrently with or subsequent to Stage 7. And further, should Stages 2 - 8 not proceed concurrently, the SUBDIVIDER agrees to construct connections to the stormwater management pond, sanitary sewer outlet to the pumping station, and temporary access roads, and access road from Zeller Drive to the stormwater management pond in accordance with Condition 6.22. 23. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit an operational analysis and functional design for the roundabout at the intersection of Eden Oak Trail and Grand Flats Trail, prepared by a qualified roundabout design engineer to the satisfaction of the CITY's Director of Transportation Planning. 24. Prior to Servicing or Registration of Stage 2, whichever shall occur first, the SUBDIVIDER agrees to submit a functional design for the implementation of bicycle lanes, intersection curb extensions and on- street parking on both sides of Eden Oak Trail and Grand Flats Trail, the satisfaction of the CITY's Director of Transportation Planning. 25. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER shall surrender their pit licence to the Ministry of Natural Resources. A copy of the Ministry's letter notifying the licensee of acceptance of the licence surrender shall be submitted to the satisfaction of the CITY's Director of Planning and the Regional Municipality of Waterloo. In addition, the SUBDIVIDER shall provide a letter to the satisfaction of the CITY's Director of Planning and the Regional 2 - 22 Municipality of Waterloo confirming that all activities associated with the pit have ceased. 26. a) That prior to Registration of Stage 1 or Servicing, whichever shall occur first, the SUBDIVIDER agrees to complete a Record of Site Condition for lands identified as 806 Zeller Drive. Until the Record of Site Condition has been completed and acknowledged by the Ministry of the Environment, the CITY will not accept the dedication of Block 3 (Stage 1) and Blocks 9-10 (Stage 5) or any road right-of-ways impacted by Holding Provision 62H. One copy of the completed Record of Site Condition, together with the Ministry filing acknowledgement letter, should be forwarded to the satisfaction of the CITY's Director of Planning. b) That prior to Registration of Stage 1 or Servicing, whichever shall occur first, the OWNER agrees to provide the CITY with one copy of the completed Record of Site Condition for that portion of the plan referred to as 856 Zeller Drive (RSC registration #109912), to the satisfaction of the CITY's Director of Planning. 27. Prior to Grading or Registration, whichever shall occur first, a Servicing Staging Plan shall be submitted to the satisfaction of the Director of Engineering to demonstrate how servicing can be achieved without affecting other stages of the development. 28. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit, obtain approval of and implement a detailed monitoring program to evaluate the performance of infiltration galleries (including pre-construction and post-construction phases) and to identity if the required water balance is met, to the satisfaction of the CITY's Director of Engineering Services in consultation with the Regional Municipality of Waterloo and the Grand River Conservation Authority. 29. Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit an Infiltration Contingency Plan to the satisfaction of the CITY's Director or Engineering Services in consultation with the Regional Municipality of Waterloo and the Grand River Conservation Authority. 30. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit a Storm Servicing Plan and Sanitary Servicing Plan which show improved construction standards for storm and sanitary sewers, including enhanced exfiltration testing criteria stipulating that test results may NOT be averaged and that no single test may exceed the exfiltration rates as defined in the City of Kitchener's Subdivision Design Manual, to the satisfaction of the CITY's Director of Engineering in consultation with the Regional Municipality of Waterloo. 31. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit a Sanitary Servicing Plan which shows improved construction standards for all individual sanitary connections, including inspection and testing according to the City of Kitchener's exfiltration testing criteria, to the satisfaction of the CITY's Director of Engineering in consultation with the Regional Municipality of Waterloo. 2 - 23 32. Prior to Registration, the SUBDIVIDER agrees that the section of Zeller Drive from Pebblecreek Drive to the Grand River, shall be renamed to Old Zeller Drive, to the satisfaction of the CITY's Director of Planning in consultation with the CITY's Director of Transportation Planning. Costs associated with the renaming of Zeller Drive shall be shared equally between the CITY and SUBDIVIDER. 33. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Department of Community 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. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1) That the owner agrees to stage the development for this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. Furthermore, that prior to any grading, construction, servicing and/or final approval of Stages 2 and 4 of the plan of subdivision, the owner enters into an agreement with the Regional Municipality of Waterloo to provide that grading, construction and/or servicing shall not impede and/or otherwise delay construction of the Fairway Road extension. 2) That the subdivision agreement be registered by the City of Kitchener against the lands to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan; 3) a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever comes first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered; b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfillment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment 2 - 24 services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing until the plan is registered." 4) That prior to final approval, the Owner submit for review and approval a water supply distribution strategy for the entire plan, with such report to assess the need for pressure reducing valves; to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 5) Where pressure reducing valves are required in Condition No. 4 above, the Owner must enter into an agreement with the City of Kitchener to provide for such installation; and to include in all offers to purchase and/or rental agreements, a clause identifying the presence of such water pressure reduction device and advising that it may not be removed by the owner/occupant. 6) a) The Owner enters into an agreement with the Regional Municipality of Waterloo to prepare a Salt Management Plan prior to site plan approval for multiple residential Blocks being Block 13 (Stage 2), Block 10 (Stage 4) and Block 1 (Stage 8), to indicate to the Regional Municipality of Waterloo winter maintenance procedures for these Blocks such as the quantity and type of snow/ice melting materials used, the storage and handling of these materials, and the storage of snow cleared from the parking areas. b) That the Owner enters into an agreement with the Regional Municipality of Waterloo to provide for implementation of the Salt Management Plan noted in Condition 6a) above, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. Furthermore, that the agreement contains a provision to include implementation of the salt management plan by way of declaration associated with any future applications for plan of condominium. 7) That prior to final approval, the Owner: a) prepares road salt management and infiltration gallery education information brochures to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, and b) enters into an agreement with the Regional Municipality of Waterloo to distribute the road salt management and infiltration gallery education information brochures in a) above, to prospective home buyers. 8) That prior to final approval, the owner prepare a Groundwater Monitoring and Mitigation Plan (i.e., adaptive management plan) to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. The plan must address the following: 2 - 25 a) ensure that pre-development recharge rates are maintained; and to also assess any changes in groundwater levels and chemistry such as elevated chloride rates; b) include a contingency plan in case there is a problem installing the rear/front yard infiltration galleries due to unexpected poor soil conditions or high water table, and infiltration targets will not ultimately be met; c) monitoring to occur prior to, during and following site construction, including at least two years of pre-construction monitoring; and d) enter into an agreement with the Regional Municipality of Waterloo to implement the approved groundwater monitoring and mitigation plan. 9) That prior to any construction dewatering, the owner submit a dewatering plan to the Region for review and approval, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. Furthermore, that the owner enters into an agreement with the Regional Municipality of Waterloo to implement such dewatering plan. 10) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 11) That the Owner enters into an agreement with the City of Kitchener that geothermal wells not be permitted within any lots and blocks within the plan. 12) That specific regulation is provided in the proposed zoning for the lands to indicate that the installation of geothermal wells will not be permitted. 13) That 7.6 metre day-lighting triangles be established at the intersection of Fairway Road and Eden Oak Trail and be dedicated on the final plan as public highway to the appropriate road authority. 14) The owner enters into an agreement with the Regional Municipality of Waterloo to complete a road traffic noise study for multiple residential Block 13 (Stage 2) and Block 10 (Stage 4), to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic noise levels for all Blocks affected by Fairway Road and, if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures. The agreement must include a provision to indicate that the lands will be developed such that road traffic noise from Fairway Road will be attenuated through building layout and design, and not through the use of physical noise walls. 15) That the Owner enters into an agreement with the City of Kitchener to provide for implementation of the recommendations of the Acoustical Study "Grand River Flats, Zeller Drive, Kitchener, Acoustical Study" (IBI Group, Final, March 2010), and Addendum dated October 14, 2011. Without limiting the foregoing, the agreement must include the following: a) that all dwelling units within this plan be constructed with a forced air- ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants 2 - 26 b) that all dwelling units within this plan be constructed with special building components with the following minimum Acoustical Insulation Factor (AIF) values: Roof: AIF 35 Walls: Bedroom Areas AIF 35; Living/Dining Areas AIF 31 Windows: Bedroom Areas AIF 35; Living/Dining Areas AIF 31 16) a) That prior to final approval, the owner provides a further addendum to the "Grand River Flats, Zeller Drive, Kitchener, Acoustical Study" (IBI Group, Final, March 2010), to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic noise levels for Blocks 1-2 (Stage 1) affected by Old Zeller Drive, taking into account the minimum setbacks established in the City Zoning Bylaw. If necessary, the owner shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures. b) That prior to final approval, the owner enters into an agreement with the City of Kitchener, to include the following warning clause on all offers to purchase and/or rental agreements for all residential lots and blocks within Blocks 1-2 (Stage 1): "Due to its proximity to Old Zeller Drive, noise levels on this property may exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause concern for some individuals. Moreover, the dwelling unit has been constructed with a forced air- ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants". 17) That in addition to the standard subdivision sign content, the required subdivision sign(s) shall include the following information: a) A warning clause for all lands within the plan to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 18) That prior to final approval, the Owner enters into an agreement with the Regional Municipality of Waterloo to erect a permanent sign at each main entrance to this plan of subdivision, advising the public of the proximity of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along the flight path, may cause concern to some individuals. Provision shall be included in the agreement to indicate the size and location of the sign(s) shall be approved by the Regional Commissioner of Planning, Housing and Community Services, in consultation with the City of Kitchener's Manager of Development Review. 2 - 27 19) That prior to final approval, the owner enters into an agreement with the Regional Municipality of Waterloo, to include the following warning clause on all offers to purchase and/or rental agreements for all residential lots and blocks within this plan: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". That the agreement include a provision to include the above-noted clause in the declaration associated with any future application for plan of condominium for Block 13 (Stage 2), Block 10 (Stage 4) and Block 1 (Stage 8), to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 20) That the owner provides an easement in favour of the Region from Rivertrail Court over park Block 2 (Stage 8) in order to provide access for the future construction and long term maintenance of airport light towers, and to provide access for long term maintenance of the existing Regional watermain. 21) That a final lot 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. That the preliminary grading along Fairway Road be compatible with final grading of Fairway Road. 22) 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 stormwater management plan must address the following, to the satisfaction of the Regional Commissioner of Planning Housing and Community Services: a) must be compatible with the final Fairway Road extension design; b) complies with the Region of Waterloo International Airport Zoning Regulations; c) infiltration galleries; d) incorporate MOE above normal protection levels; and e) should a storm sewer bypass system be proposed for infiltration, additional discussion and analysis on impact to groundwater must be undertaken. 23) That prior to final approval, the owner enters into an agreement with the Regional Municipality of Waterloo to indicate that any future site specific grading and drainage plan/SWM report submitted for site plan approval for multiple residential blocks being, Block 13 (Stage 2), Block 10 (Stage 4) and Block 1 (Stage 8), be in accordance with the approved stormwater Management Plan for this plan of subdivision. 24) That prior to final approval, the owner submits a boulevard restoration plan for Fairway Road, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 2 - 2~ 25) That prior to final approval, the owner agrees to provide sufficient funds to the Regional Municipality of Waterloo for street tree plantings along the road allowance of Fairway Road adjacent to this plan, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 26) That the owner obtains a Regional Road Access Permit for the intersection of Eden Oak Trail with Fairway Road. 27) That the owner provides a pedestrian walkway, grades permitting, from Rivertrail Avenue to Fairway Road within multiple residential Block 10 (Stage 4), to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 28) That prior to final approval, the owner submits the engineering drawings for this plan to the Region for review and approval, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 29) That prior to final approval the developer provide to the Regional Municipality of Waterloo with certified funds in the amount of $1,500.00 acceptable to the Regional Municipality of Waterloo for the future installation of one (1) transit pad in order to provide Grand River Transit service to this plan. 30) That the proposed Zoning By-law applicable to lands identified as 806 Old Zeller Drive, re. GRCA lands, include a (H) holding provision with such (H) being lifted upon completion of a Record of Site Condition and accepted by the Ministry of the Environment. 31 a) That prior to final approval, the owner completes a Record of Site Condition for lands identified as 806 Old Zeller Drive (re. GRCA lands) including, but not limited to, stormwater management Block 3 (Stage1). Two copies of the completed Record of Site Condition, together with the Ministry of the Environment filing acknowledgement letter, should be forwarded to the Region of Waterloo, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. b) That prior to final approval, the owner provides the Region of Waterloo with two (2) copies of the completed Record of Site Condition for that portion of the plan referred to as 856 Old Zeller Drive (RSC registration #109912), to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 32. That prior to final approval of all or any stage of this plan, the owner shall provide, at the Owner's expense, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services the following: a) A final Grading and Drainage Plan which show elevations compatible with the final design for the Fairway Road extension, and which includes the required expansion of the Fairway Road storm water outflow channel to accommodate the storm water flows from this plan of subdivision; 2 - 29 b) A Storm Servicing Plan which includes detailed design of the required expansion to the Fairway Road storm water outflow channel; and c) A Sanitary Servicing Plan which includes detailed design of the sanitary sewer, including its location relative to the Fairway Road storm water outflow channel. 33. That prior to final approval, the owner shall construct, at the owner's expense, the required expansion of the Fairway Road storm water outflow channel and sanitary outlet pipe required to service this plan of subdivision, in accordance with the approved Grading and Drainage Plan, Storm and Sanitary Servicing Plans. 34. That prior to final approval, the owner shall provide to the satisfaction of the City of Kitchener, in consultation with the Region of Waterloo, a Storm Servicing Plan and Sanitary Servicing Plan which have improved construction standards for storm and sanitary sewers, including enhanced exfiltration testing criteria stipulating that test results may NOT be averaged and that no single test may exceed the exfiltration rates as defined in the City of Kitchener's Subdivision Design Manual. Furthermore, the owner agrees to enter into an agreement with the City of Kitchener to implement the Storm and Sanitary Servicing Plans. 35. That prior to final approval, the owner shall provide to the satisfaction of the City of Kitchener, in consultation with the Region of Waterloo, a Sanitary Servicing Plan which has an improved construction standard for all individual sanitary connections, including inspection and testing according to the City of Kitchener's exfiltration testing criteria. Furthermore, the owner agrees to enter into an agreement with the City of Kitchener to implement the Storm and Sanitary Servicing Plans. 4. OTHER AGENCY CONDITIONS Prior to any grading or construction on the site and prior to registration of the plan, the SUBDIVIDER or their agents shall submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) A detailed stormwater 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 -Grand River Flats Subdivision (prepared by IBI Group, dated April 30, 2010, last updated July 28, 2011). 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 a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit from the Grand River Conservation Authority prior to any grading within the regulated area. 2 - 30 5. Clearance Conditions: 1. That prior to the signing of the final plan by the CITY's Director of Planning, the City of Kitchener is to be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1 to 3.35 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 Kitchener-Wilmot Hydro that Condition 2.2.6 and 2.2.8 ha been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 3. That prior to the signing of the final plan by the CITY's Director of Planning, the Director shall be advised by the telecommunication companies (Bell, Rogers) that Conditions 2.2.7 and 2.2.8 have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been 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 shall include a brief statement detailing how the condition has been satisfied. 6. Notes Development Charges 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law 09-024 are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Regional Fees 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 09-003, 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 30T-09202. Identification of Applicable Planning Act 5. 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, as amended by S.O.2006,c.23(Bill 51). Regional Servicing Agreement 6. 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 2-31 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 Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 7. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all 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. Airport Zoning 8.a) The Owner is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is two-fold: 1) to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and 2) to prevent lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would cause interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations which may include but not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. 8.b) The Owner is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952-0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 2 - 32 Final Plans 9. 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 Manager of Development Review's signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One original mylar four mylar copies four white paper prints BACKGROUND: The subject lands are owned by Rockway Holdings Limited and the Grand River Conservation Authority and applications for draft approval of a plan of subdivision and a zone change were submitted by IBI Group in 2010. The subject lands are 41.99 hectares in size and are located east of Old Zeller Drive and north of the Fairway Road North extension. These lands are within the City and Region's Urban Area, and are designated Low Rise Residential and Open Space in the City of Kitchener Official Plan. The lands are currently zoned Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R. The lands currently contain a gravel pit. The owners are proposing to develop the lands with residential uses consisting of single detached dwellings, street townhouse dwellings and multiple residential blocks. REPORT: Policy Conformity Provincial Policy Statement The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. The proposed development is consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are within the designated greenfield area as defined by the 2006 Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and transit services and which creates high quality public open spaces that support opportunities for walking and cycling. Places to grow requires a minimum average density of 50 people and jobs per hectare for greenfield development -the proposal provides for 57 people and jobs per hectare. The subject applications comply with the policies of the Growth Plan. Regional Official Policies Plan The subject lands are within the Urban Area established in the Regional Official Policies Plan (ROPP). Regional policies support the development of complete communities having development patterns and densities that support walking, cycling and transit. The ROPP requires a minimum density of 55 people and jobs per hectare in greenfield areas -the proposed plan provides for 57 people and jobs per hectare. ROPP policy also supports establishing a network of sidewalks, trail and bicycle pathways that provide safe and convenient links within the neighbourhood and to other neighbourhoods, and provides for connections to 2 - 33 both the Grand River Trail and the Walter Bean Trail. Staff is of the opinion that the proposal, subject to the recommended conditions, satisfies the policies of this plan. City of Kitchener Official Plan The subject lands are designated Low Rise Residential in the City's Official Plan. This designation permits the lands to be developed with the range of proposed residential uses. The proposed subdivision and zone change complies with the policies of this plan. City of Kitchener Growth Management Plan (KGMP) The subject lands are identified as Priority `B' in the KGMP which supports the processing of applications and development of these lands. Community Plan The subject lands are located within the Grand River South Community Plan area. This plan was approved by Council in 2000 to guide the development of the Grand River South Community. Since that time, most of the lands contained within the plan have been registered, developed, or are in the final stages of draft plan approval. There are a number of smaller undeveloped infill sites located in the plan area, however these lands are generally designated and zoned to implement the type of development recommended in the Community Plan. A number of items shown in the plan are also currently out of date including: • the large secondary school site which was deemed surplus by the school board and been developed with residential uses, • the 9-hole golf course which can no longer be supported by the Region due to the proximity to the Pompeii Wells, • the elementary school located east of Old Zeller Drive is not being pursued by the school board and a new school site has recently been selected, • the Noise Contours associated with the Regional Airport have been amended increasing the area of lands available for residential development east of Old Zeller Drive, and • the Fairway Road North alignment and bridge location has been selected and is now under construction. Based on the foregoing, staff are of the opinion that the plan is no longer required to guide the future development of this community and recommend that it be repealed. The subject subdivision represents the last large land holding within the Grand River South Community, and the plan is no longer necessary to guide the future development of this community. Proposed Zone Change The subject lands are zoned Agricultural Zone (A-1) with Special Use Provision 69U which permitted the gravel pit and 107R which permitted and placed regulation on the gravel pit, and floodplain lands are zoned Hazard Land Zone (P-3). The applicant is proposing to change the zoning as follows: Area 1: Residential Three Zone (R-3) to permit the lands to be developed with single detached dwellings on large lots, with Special Regulation Provision 597R to prohibit geothermal wells. Area 2: Residential Three Zone (R-3) to permit the lands to be developed with single detached dwellings on large lots, with Special Regulation Provisions 1 R to identify that a GRCA permit is required for site alteration works; 597R to prohibit geothermal wells; and with Holding Provision 62H requiring the completion of a Record of Site Condition prior to the issuance of any building permits. 2 - 34 Area 3: Residential Four Zone (R-4) to permit the lands to be developed with single detached dwellings, with Special Regulation Provision 597R to prohibit geothermal wells. Area 4: Residential Four Zone (R-4) to permit the lands to be developed with single detached dwellings, with Special Regulation Provision 597R to prohibit geothermal wells; and with Holding Provision 62H requiring the completion of a Record of Site Condition prior to the issuance of any building permits. Area 5: Residential Four Zone (R-4) to permit the lands to be developed with single detached dwellings, with Special Regulation Provisions 1 R to identify that a GRCA permit is required for site alteration works; 597R to prohibit geothermal wells; and with Holding Provision 62H requiring the completion of a Record of Site Condition prior to the issuance of any building permits. Area 6 & 7: Residential Six Zone (R-6) to permit the lands to be developed with multiple residential development consisting of townhouses and low rise apartments, with Special Regulation Provision 597R to prohibit geothermal wells. Area 8: Residential Six Zone (R-6) to permit the lands to be developed with multiple residential development consisting of street townhouses and low rise apartments fronting onto Fairway Road North, with Special Regulation Provision 596R to permit a maximum height for a multiple dwelling to be 12.0 metres, to not require a private patio area for ground floor units adjacent to Fairway Road North, to impose a minimum setback of 7.5 metres to Fairway Road North and a maximum setback of 12.0 metres to Fairway Road North; and with Special Regulation Provision 597R to prohibit geothermal wells. Area 9: Residential Six Zone (R-6) to permit the lands to be developed with multiple residential development consisting of street townhouses and low rise apartments fronting onto Fairway Road North, with Special Regulation Provisions 1 R to identify that a GRCA permit is required for site alteration works; 596R to permit a maximum height for a multiple dwelling to be 12.0 metres, to not require a private patio area for ground floor units adjacent to Fairway Road North, to impose a minimum setback of 7.5 metres to Fairway Road North and a maximum setback of 12.0 metres to Fairway Road North; 597R to prohibit geothermal wells; and with Holding Provision 62H requiring the completion of a Record of Site Condition prior to the issuance of any building permits. Area 10: Public Park Zone (P-1) for those lands being conveyed to the City as public parks. Area 11 & 12: Public Park Zone (P-1) for those lands being conveyed to the City as public parks with Special Regulation Provision 1 R to identify that a GRCA permit is required for site alteration works. Area 13: Public Park Zone (P-1) for those lands being conveyed to the City as public parks, with Special Regulation Provision 1 R to identify that a GRCA permit is required for site alteration works; and Holding Provision 62H requiring the completion of a Record of Site Condition prior to the issuance of any building permits. Area 14: Hazard Land Zone (P-3) for those lands consisting of the floodplain. 2 - 35 Area 15: Hazard Land Zone (P-3) for those lands consisting of the stormwater management pond, with Holding Provision 62H requiring the completion of a Record of Site Condition. Subdivision Design The Grand River Flats subdivision contains a range of residential dwelling types consisting of approximately 380 single detached dwellings, 131 street-fronting townhouse dwellings and 493 multiple dwellings, for a total of 1006 dwelling units and achieves a density of 57 people and jobs per hectare. The vision established for this subdivision was the creation of a walkable community that achieves the objectives of the Urban Design Guidelines and is a welcoming gateway into the City with a focus on establishing strong visual and physical connections to the Grand River. The proposed subdivision achieves the Design Objectives set out in the City's Design Brief for Suburban Development. In staff's opinion the development is well designed and achieves walkability, variety, place-making, conservation, connectively, safety, liveability, balance and is transit supportive. The proposed Draft Plan contemplates a modified grid street system which establishes connections to the neighbouring subdivisions and to adjacent collector and arterial roads. Streets within the subdivision are planned to incorporate on-street parking, entrance features, and traffic calming features on priority streets such as mini-roundabouts and curb extensions. The plan also provides for walkways to Zeller Drive and a trail system with access to the Grand River and Walter Bean Trail. The provision and integration of parks and open space is very important to the design and liveability of this development. Six park spaces ranging in size from 0.1 to 2.0 hectares are dispersed throughout the site. These parks will include both active and passive features, allow for both physical and visual access to the Grand River, provide logical trail connections, and connection to the neighbourhood park located immediately adjacent to the plan. With respect to lotting patterns, every effort has been made to eliminate rear lotting along Zeller Drive and Fairway Road North. The subdivision provides for lots fronting Zeller Drive and also provides for multiple residential blocks along Fairway Road North. The multiple blocks will allow for low rise multiple dwellings which can be designed to appear to front onto Fairway Road North, creating an active and attractive streetscape for this new and important entrance to the City. The zoning of these blocks has been tailored to ensure that buildings are located close to the street edge. The design of the dwellings will eliminate the need for a noise wall in this location, and conditions have been included in this regard. Furthermore, a priority lotting plan, streetscaping plan, and detailed designs for entrance features are required prior to registration. Heritage A Heritage Impact Assessment (HIA) was prepared by the Landplan Collaborative (January, 25 2010 and amended February 12, 2010) in support of the proposed subdivision. The HIA was required as the Grand River is an adjacent cultural heritage resource. The primary heritage interests identified are the views and vistas from the lands to the Grand River and floodplain. Physical and visual public access to the Grand River is provided in four locations via parks and the stormwater Management Block. The HIA recommends commemorative and interpretive displays in public spaces and recommends that the internal streets be designed to take advantage of and enhance views and vistas. Heritage Planning staff generally agree with the recommendations of the HIA. In order to implement the recommendations of the HIA a Conservation Plan is required to be prepared and implemented as part of the design of the park located at the end of Grand Flats Trail (Block 11, Stage 6). Furthermore, Heritage Planning staff will contribute to the review and approval of park plans for those parks adjacent to the Grand River floodplain, and will be consulted in the review and approval of streetscape plans, priority lotting plans and tree planting plans for Grand Flats Trail within Stage 6. 2 - 36 Environment The subject lands are located on a former gravel pit and vegetation is minimal. A General Vegetation Overview was required in support of the application and has been approved by the City's Environmental Planning staff. Standard tree management conditions has been included. The developable lands within the subdivision are located outside of the floodplain, however the Stormwater Management block is located within the floodplain lands. The Grand River Conservation Authority is satisfied with the location and design of the SWM pond and will require a GRCA Permit be obtained prior to grading taking place. The Region of Waterloo has also identified these lands as being within the well head protection area of the Woolner Wellfield. This property is vulnerable and sensitive to groundwater contamination and as such the Region has requested that geothermal wells be prohibited as they could act as a transport pathway. To address this concern, Special Regulation Provision 597R has been added to all lands within the subdivision to prohibit the installation of geothermal systems, and a condition has been included in the recommended conditions of approval. In addition, given the nature of the municipal wells in this area, the Region of Waterloo has request improved construction standards for storm and sanitary sewers. Conditions have been included in this regard. Record of Site Condition Due to the use of the lands as a gravel pit, a Record of Site Condition (RSC) is required to be submitted prior to registration of the subdivision. An RSC has been completed for the portion of the lands held by Rockway Holdings Limited, however one is outstanding for the portion owned by the Grand River Conservation Authority (GRCA). Conditions of approval require that the Ministry of the Environment provide acknowledgement of the RSC prior to registration or servicing. Conditions also indicate that the City will not accept any lands as dedication for any purpose including roads, parks or stormwater management ponds, until such time as the RSC is acknowledged. In addition, staff recommend that a holding provision be added to all blocks contained within the GRCA lands until such time as the RSC has been acknowledged. This provides a second level of assurance that no building permits are issued until the RSC has been completed. Stormwater Management Stormwater for the subject lands will be directed toward a new stormwater management pond. The pond will outlet, via a drainage channel, downstream of the Region's water wells located along this stretch of the Grand River. Conditions of draft approval have been included to address groundwater infiltration and recharge. As part of engineering requirements the Subdivider will be responsible to acquire lands required for the stormwater outlet channel, the sanitary outlet pipe, and related maintenance access, all of which are located downstream of the Fairway Road North culvert crossing. Sanitary/Water Servicing All lots will be serviced with municipal sanitary sewers and municipal water servicing in accordance with City standards. Engineering Services staff have confirmed that there is sufficient servicing capacity. Sanitary flows from the subject lands will be directed to the Woolner Pumping Station via a channel along the edge of the floodplain. Conditions of approval have been included to ensure that this is dedicated and constructed at the appropriate timeframe. Transportation and Traffic Transportation Planning staff are satisfied with the layout of streets within the subdivision. Full access will be provided from the subdivision to Zeller Drive, and right-in right-out only access to the Fairway Road North extension. The developer will be responsible for upgrades to Zeller 2 - 37 Drive and will be responsible to install streetscape elements along the adjacent edge of Fairway Road North. Further, Zeller Drive from Pebblecreek Drive south to the Grand River will be renamed to Old Zeller Drive prior to registration of the proposed plan. Noise The lands are located in proximity to one of the flight paths of the Waterloo Region International Airport. As such the Region has requested conditions including warning clauses and signage to inform purchasers of the proximity of airport lands. In addition, all dwellings within the plan must be designed with forced air-ducted heating systems to allow the future installation of air- conditioning by occupants, and with special building components to help mitigate noise. Conditions have been included to implement noise mitigation and warning measures. Agency Comments Any requirements have been addressed or are included as conditions of approval. Community Input In response to the preliminary circulation of the applications, staff received one written response. The property owners comment that they like that the subdivision is not using valuable farmland. They also comment that little provision is made for a school or other neighbourhood facilities such as parks. They suggest that the subdivision should have extra wide sidewalks to allow for joint use of cyclists and pedestrians. Furthermore, they raise concerns with the use of Grand River Conservation Authority lands for development. Staff offer the following comments with respect to the concerns raised. First, staff recognize that a school is not included as part of the subdivision. An elementary school was contemplated for this neighbourhood as part of the Grand River South Community Plan, however, the Waterloo Region District School Board has recently identified an alternative school site in the Grand River South community (in addition to Lackner Woods public school). The Waterloo Region Catholic School Board has indicated that Pope John Paul II Elementary School on Pebblecreek Drive is within walking distance for children within the subdivision. Furthermore, the Catholic School Board is exploring a potential secondary school site in the Grand River Community. To help promote walking, sidewalks will be provided on both side of all streets within the subdivision, and priority streets will be designed with bike lanes. Staff have also worked with the applicant to achieve a better distribution of parks and parkettes throughout the community. These facilities range in size from 0.1 hectares to 2.0 hectares and will contain a range of facilities. A large neighbourhood park has been approved and is to be located immediately adjacent to the subject lands in the adjacent plan of subdivision. With respect to the GRCA land holdings, City staff note that these lands are developable and ownership of the lands is not a consideration of the subdivision approval process. The GRCA acts within their policies with respect to the disposition of lands for development. However, any lands that are located below the regulatory floodline cannot be developed except for open space and flood control purposes including the proposed stormwater management pond. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will align with the Kitchener Strategic Plan as it ensures the implementation of the community priority Development. 2 - 38 FINANCIAL IMPLICATIONS: Upon registration, there will be ongoing operations costs for the maintenance of the open space, parks and trails, streets, street trees and underground services. In the long term, there will be repair and replacement costs for streets, sidewalks and services. COMMUNITY ENGAGEMENT: The proposed draft plan of subdivision and associated zone change application were circulated to City departments, outside commenting agencies and property owners within 120 metres of the subject lands September 2010. Notice signs were placed on the subject site advising of the applications. In response to the circulation of the draft plan and zone change applications staff received a written response from one neighbouring property owner. Concerns have been addressed in the Community Input Section of this report. As a year has lapsed since preliminary circulation was undertaken, a courtesy notice of the public meeting will be circulated to all property owners within 120 metres of the subject lands. Notice of the Public Meeting will be given in the The Record on December 16, 2011. CONCLUSION: Based on the foregoing, the Draft Plan of Subdivision and Zone Change applications are appropriate and represent good planning. The issues identified through the preliminary circulation have been included as conditions of approval, as necessary. The lands are identified in the Kitchener Growth Management Plan for consideration of draft approval, 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. This plan meets density requirements as set out in the City, Regional and Provincial policy and incorporates urban design principles. Therefore, it is recommended that the applications be approved subject to conditions outlined in this report. Reviewed by: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff ~Ilmer, Deputy CAO Community Services Department Appendices A -Proposed Draft Plan B -Proposed Zoning By-law & Map C -Newspaper Notice D -Agency Comments E -Neighbourhood Comments 2 - 39 sN(pOW LO?N~Oh ~N uiri~00{~+~LNihNrm rONiONO~~M 00 r,~r0(mD~Nr~~ (ONOO rN~YMO 00 t0.-*-O p) ~MMOO ~0001~ of MOa} Ot0 IOONN~ m ~Oth®O~.-Pr OO pN ~N.-00r ~O rhlOr ~NO®OO ~M 60~-~(VOO~~N®8~ ~•~ Q 4 Q 4 Q 1 ~t s= O Q o Q ~ 1~®- I~®- €~®- F~- N I~~- h h r hM U o a M In N o .- m In co co r a ~ zN Zlnvo~ zmv zN V.-- zln Zm z~r ZN ~ ~ ~ ~ p ~ ~ ~ ~ ik 3t Jt ~i Yk ~i Yk ii Q"° pl m m +T W Os ~ p O O p O ~ ~ O m N ~ ~ m ~ A \ 'O yy 'D y C 'O U1 'O Vi "O ~ EI 'O C m> L m T m m m m m sm m ~ U ~~2 ~~ ~z w°v Z md9v ~Z ° Z w Z ~ N ~ ~mm~ ~~"~ my =a~i umi ~~ ~m vwim am ~n m ~mv ~~ m ® Q Z pQ~Eo p~sa ~Ea p~s ~9 p~s aE'o p~ N~apv ~.op m~'o~H ~'o Zm~ ~z°'3"~a m~rn;.~Emzm'~'' m zmVx Ecuz m'.~ERZ rnE mz'?.~~m ~ _ Z c o.ro cm~ Mo Se2aa mMO So~r>o cm$'.MO Em+'?og 5+'?o ~m ~o rte- U ~ gNOoa gin r-~aa'd~ int-ao~g~nr~o~ g~a Od~g'm s,o~ inO~g~aart 1 Zor W ~w~ ~ti ~^,- r o~,~ r wnm ~° Nq w J M a o»v.- ~° oir o.- o~aP e°T w,nm w~ w"yy w° wyy.- w°i,,yy w'+n w.-NM Q (~Y Ya .Y UJYYYUV UY tiYU C7Y V.Y .Y ~ VV ~xOU QUY s[UUU ~ 7 O ~c a 0 0 0 F O~~ 0 0 0 H s O~ O ~~ O~~ F O O O O ~~ O O f- O O 1--. 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SS P'P l 2-40 Appendix B -Report No. CSD-12-002 PROPOSED BY -LAW October 19, 2011 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 - Rockway Holdings Limited. -Old Zeller Drive) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Nos. 271 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Residential Three Zone (R-3) with Special Regulation Provision 1 R and Special Regulation Provision 597R. 2. Schedule No. 292 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Residential Three Zone (R-3) with Special Regulation Provision 1 R, Special Regulation Provision 597R and Holding Provision 62H. 3. Schedule Nos. 271, 272, and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Residential Four Zone (R-4) with Special Regulation Provision 597R. 4. Schedule Nos. 271, and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Residential Four Zone (R-4) with Special Regulation Provision 597R and Holding Provision 62H. 2-41 Appendix B -Report No. CSD-12-002 5. Schedule Nos. 291 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Residential Four Zone (R-4) with Special Regulation Provision 1 R, Special Regulation Provision 597R and Holding Provision 62H. 6. Schedule Nos. 270, 271 and 272 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 6 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Residential Six Zone (R-6) with Special Regulation Provision 597R. 7. Schedule No. 270 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land Zone (P-3) to Residential Six Zone (R-6), with Special Regulation Provision 597R. 8. Schedule No. 272 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 8 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Residential Six Zone (R-6), with Special Regulation Provision 596R and Special Regulation Provision 597R. 9. Schedule Nos. 271, 272, 291 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Residential Six Zone (R-6), with Special Regulation Provision 1 R, Special Regulation Provision 596R, Special Regulation Provision 597R, and Holding Provision 62H. 10. Schedule Nos. 271 and 272 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 10 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Public Park Zone (P-1). 2-42 Appendix B -Report No. CSD-12-002 11. Schedule Nos. 270, 271 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 11 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Public Park Zone (P-1) with Special Regulation Provision 1 R. 12. Schedule Nos. 270, 271 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 12 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land Zone (P-3) to Public Park Zone (P-1) with Special Regulation Provision 1 R. 13. Schedule No. 292 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 13 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Public Park Zone (P-1) with Special Regulation Provision 1R and with Holding Provision 62H. 14. Schedule Nos. 291 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 14 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Hazard Land Zone (P-3). 15. Schedule Nos. 291 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 15 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R to Hazard Land Zone (P-3) with Holding Provision 62H. 16. Schedule Nos. 270, 271, 272, 291 and 292 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. 17. Appendix "D" to By-law 85-1 is hereby amended by adding Section 596R thereto as follows: "596R. Notwithstanding Sections 40.2.6 and 5.24 within the lands zoned R-6 as shown as affected by this subsection on Schedules 271, 272, 291, 292 the maximum permitted height of a multiple dwelling shall be 12.0 metres, a private patio area shall not be required for ground floor units abutting Fairway Road 2-43 Appendix B -Report No. CSD-12-002 North, the minimum setback to Fairway Road North shall be 7.5 metres and the maximum setback to Fairway Road North shall be 12.0 metres. Any multiple dwelling located less than 12.0 metres from Fairway Road North (an arterial road) shall have a central air conditioning system, double glazed windows and EW1 exterior wall type pursuant to the Supplementary Standard SB-3 of the Ontario Building Code or equivalent material as approved by the City's Chief Building Official. 18. Appendix "D" to By-law 85-1 is hereby amended by adding Section 597R thereto as follows: "597R. Notwithstanding anything else in this by-law, geothermal wells shall not be permitted on lands affected by this subsection." 19. Appendix "F" to By-law 85-1 is hereby amended by adding Section 62H thereto as follows: "62H. Notwithstanding Sections 37.1, 38.1, 40.1, 27.1 and 29.1 of this By-law, within the lands shown as affected by this subsection on Schedules 271, 272, 291, 292 of Appendix "A", no residential uses, sensitive land uses in accordance with the Guidelines for the Decommissioning and Clean-up of sites in Ontario, or use as a stormwater management pond, shall be permitted until such time as the City of Kitchener and the Regional Municipality of Waterloo are in receipt of a Record of Site Condition, prepared in accordance with the Guideline for the Decommissioning and Clean-up of sites in Ontario and acknowledged by the Ministry of the Environment, confirming that the subject property is suitable for residential and other sensitive land uses; and the holding symbol affecting these lands has been removed by By-law." 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M H r9 ss W ~ ~ m ~, ~ ~ 0 r. ~z~ s` ~ M M~~~ ! ~/ f r W ~~ ~ F = ryryry J1 0 ~° a _~~ 1''~ o m o ~°~ /W~yy `~ ~ ~ ~' O ~1 ; 3h ~G Q Q In ~m Q ~ ~ Q :' I o ~ o 5~ o m h o ~, z~ W a G., O Q W i i i `~ ~ U m~M =O z,o ~~ ~ ~ ~ w~~~ ~ m s m Q ~ zlzw ~ 6 C~U~ U o ~ ~~~ ~ ~ u ' 1Q a ~'' ~ \'i '' g F W M ~~ °~ W oo^ Q ~ ~ ~ o< ~ m'+~ ~ W~ W ~ o h o sus ~ m ~~ ~ Q ~-~~~- iI o o ~ 60 ~ W ~ ZS°6;~ `~? ~ Q I , m ~os 9 ~' ~ r m~ O ~ H~ a~ ' ~~ Q , l ~" b ~, ya Q~ o~ c\o~E ~u~a% Q ~o ~ ,~ ,os 0 93 I ~ - ~ ~~~= '~~ U ~- ~ w~ s e I~ -~ -~ O o ~~ ; A ~ , ~ l ~~. e~ s o ~ ~ ~-~;, ~-~ r i -.. ~ 2 ;~ A ~ ~ ~~~ p ~~~., \ saw. tt~ ~'w Appendil "C" Ne~~ spaper Notice Placed in The Record -December 16, 2011 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW and A PROPOSED PLAN OF SUBDIVISION UNDER SECTIONS 34 & 51 OF THE PLANNING ACT Zeller Drive The City of Kitchener has received applications for a Draft Plan of Subdivision and Zone Change proposing a residential subdivision containing single detached, townhouse, low-rise multiple dwellings, parks, a stormwater management pond, and trails. The subject lands are 41.99 hectares in size and are designated Low Rise Residential in the City of Kitchener Official Plan. The lands are proposed to be rezoned from Agricultural (A-1) to various residential and park zones to implement the proposed plan. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, JANUARY 9, 2012 at 4:00 P.M. COUNCIL CHAMBERS, 2"d FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written and/or verbal representation either in support of, or in opposition, to the above noted proposal. If a person or public body that files a notice of appeal of a decision, does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this proposal, the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Wednesday evening ~rior to the meeting - click on the meeting date in the Calendar of Events), or in person at the Planning Division, 6t Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Katie Anderl, Senior Planner - 519-741-2987 (TTY: 1-866-969-9994), katie.anderl aC~.kitchener.ca 2-46 W O N ~-0 N P. p O tr. 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C~I)~ 12-002 appendix " ~" ~-~~ ~~ ~-~ c~ ~~ O N ~O 2-47 w O OA 0.. 0 N ti ,D O U b E°°' P~ ~~ a o ~ vN ~ ~ ~.~',~ a ~- o ® m ~~~a o.~®o ~ ib Q N = 9 >~~~ ~~px m ~ ~ ~ o U '~° ~ t~ ~_ ~ C? ~ ~ _ ~ ~ O ~ ~~ E '" O i0 V V N C ~ g ~ O i ~ ~ O ~ > a, ~ a V ~ G r ~ ~ O ~ N T U N 3 N °~i c' N Y ~ r ~ Q Y .w0 ~ ~ r ._. p CD N C U ~ l~ O N ~ N r rn m m ~ ~' ~ Q o ~ '~ ~ X I~ Y CL Q N c d ~ U = ? .. d V ~ m ti in 4~- tp Q ~ C Q d U O C m U ~~ m N N ~~ N mrr v~~r ~mu>w .. y ~ Qx m '~ ~ in E.~s ~ Y W 6. tae ~~ // ~~~ l~/ .C ~' .-~ ~ m Z U C ~ ~ ~~ E / ~ 'i ~ m Q a a c b y O `o ~ 3 - q ~ c a z 9~ m ae E v ° m .l °i W z m Q a V y O m ti ;~ c a a n s m o c vi ~ ~° w O J~ a. ~ E 3¢ "' i r a w ~~ ~p ~a s~ ~~ mz° p"+_ ES m C E.. `Qo jl u 3 n aN~L $y U y h m w `~p~ n = 3 Om w~ ~O?y ¢p ~R ALE ~~ ~_~ m- 2-48 o Ji~ ~_..-...._..,--~...«.-.-_ j o s j c ~ ~ o ~ ~~ C7 zi ~ a ~ ~ ~ N ;O N O ~ ® ® ~ _a 1~ _~ ~f o o w o 'x rn ~ ~~ ~~ ~ c '~ r _ °'I osi c~a ~ ~ ~ sn °° Qy ~ T o o ' o ca m ~ c " a ~ -8 ~' ~ ~ vgi m .~ ~ o ~ ~3' ~ ~ U ~ ~ C' Y 3 -o o v ca c ®M m m m N ~..0 i0 in ~'> c N~ ~~ N y.>.T~ a N N w~ N ~ C Q O ~`i > .3 ~ NO ~ E O U :~ ~ O Q ~ (® ~7 N~ /tl W O O i~~ 3 O .c ~ ~ ~ 3 t6 .~ ~ f0 L ~ Q >. V C N N O N U~® j'N .C O O 3~ 0~ O .~ w„ O N .~ N i C U ~~ 7 0 O v +> Q m ~? m Q7 O~~ N O O V N ro O ON ~® 0 0 ~i. T W CA a N N A "~° ~ ° E N CJ ~ v ~ 3 a~i ® m y m Ni o ~ ~ ~ N ~O ® ® °' ® ® a °o o ~ NL-' is ~ >. `~_ :~ m m ~ O r .N ~ ~ .O +~U. U m .. w0 ~ N (n ~ s- C N O x > to .~ ,~ O ~ N ~ r (U 73 -aj O ~ '8 d~ 6 m~ a Q ~ U .sL. O~ ~- ~ N 4I O "O N (II fl O. d •~ ~ ®. C U a ~ ® >~ Q~ tl9 a 9 'a O O C O N K d E O N N~~ c ~ O C O ttl > N w~ 'v ® ~j~ of N~ N O~~ O O O~ O. O m N 8~ ~ ~ roU~® Q ~ ANY r c a~- N ~ o m °~ ~'m °'~ N a~ ~ ~ ~ X s ®N O ~ ~ a~ c c ~ ~ ~ o c aci ~ ~ ~ c e {/~~ N tC 1- .s0. p Y O W ~ a ~ 0 ~ ~ (6 ~ O L ~ +-~ N ~ ~ d •Y~ !n Y ~ Y N Y ® ~' Cn t0 l!) -~ i N 'S in .'~., F- U Y tD 'O W ~0 ~ ~~ ~ o~ ~ M C LL p ® ~ ~. 2 N>~ ~ Q. C 'c N d COQ C~ uNi c~ v ac o~~,o ~ a~ qe.. N ac O > $ a caa Q a d~Y ~ ~ m Q Q ~ V U W ~ a ni° o` d d C ~ ~ N ,.~ m °~ N a e ~ t~ ~ u v in m N Z ~ m n N C o ~ v m m o ~ r ~ ~ ~ > w ~ m ~e O ~ n ~ NN ~~" C i a tN0 ~ 2 ro ' ~ 'gy ~ .` ^ p~ cr n VJ ^ \ ` Q \ G ~ O p ~ ~ ~ ~ ~ ~ O ~~ W OX ~~ Q ~ Ci. ~ v` C ~ ~ Y dl t 8 ~ j ~^~~ ~~ [~~ ,jam ~~: 1 .,a `> f ~ ~_`„4--\ rti O N U ~ a S T "°' O c ,'~~, ~N `~ ~ ~ ~ c ~ 7 ~ = f8 s ~° to Q. N Z a a C ~ ~ m m m u ~ A v r a s o [G pa Q F d ¢N N }`m t`! r~ 2-49 91 __~._..._._~____.. _-._~i ro ? w i ( , O O ~ Q+ G tea _ O rtJ 1 } 4 r O ~ ~ w _~ I v a a o o 7 _ = V w O .~ ,., N r °-° - ~ 2 ~ ~ v p ----°-°~ _.~ ~ ~ o C m a ~ m ro V .C C ~ q V ~'+ O S~ Pl N b c « o > ro O iJ lp ~ N ~ .Gl N `~ O ~ N O ~« r ~' r cn U , i C o u e N ~ w O J x ~ ~ ~ A 1 m N ~ ~ a N V .. +' v U q ~ v U N G 4L U W JJ v H s, ~' ~ ~ ~ W }a m Cn 7 ~I ~ . N N O o W U ~ q N ~ `~ -N N O N O N fR rtf q O s H '-1 N N " C u Q R, F ~~ C O ~' N A N m N ~ k . u o' ~" ~+ O H o ~' o ~ G o in m rn ~ ,.~ w o S i .-+ rs ro C O Q ~ o N N N N ~ w Sa .. .. p '0 rt> ~a• ^.~ c,N F., C N in o N v E s, C a~ N v "{ oca o o Z z urzs v m° ~ qO ~cc u Hx .~.~ N~ G y ~ q N sa ~ 7 O, W o ~~ ' o ~ O ~ v ~ .L ro N N N N ti .-~ rl .-~ ~ b~ O q N N b~ 4' C o ,C rn m •-+ ~ N N rn y - i -.a q ~ a N W W ~ ~ O t0 ~ s~ x M O N O 3 y ~ 23 3 0 .o O, ui 1a ~ .-~ .~ C O V~ ~' ~ iT x N w G o G r ..~ kV ..i W N '-I b R7 C .-i Ys .-1 ~i .N ~ N ti - S O ~.i W N C.R G cc !-~ G (n la .i O N p} O N O 'J .. .. ai OR > O !tl GL v , ~ ~ U i ~ p07+W Aw U w..~ -1 x Q O O .. ~~ .C A p WcnSEW a Ua,a~2 Q q a Wy %C ~ H v~ O H Ln m O -.i A~ U (0 N (0 fJ L N U C G N U W> O? •fi ri •N YI fl •rl N .Q ~ }a 3 .R ri 11 N X ,-~ .-i b N 3{ f~fl X ti pp G N O O U b~ .-1 C .C T. O N Ow Ol A N.y N .u ~;-~ v ~ ro v•., v o-~ H m.cro v q.~ ~, w.c q o v axi aa,.~i v ro ~ v u~ ~.~ q w v.° m 3-.~i ro tT N G C N U O Q U N -~ fU. i~ ~ 3 f~i ~ u a~ N 9) N H S1 N 7. U Sa y b o q .C w q w N w u GwG ~.C ,G.N .uO w.Hwq N C U U a~ .V a~ v C -.-~ N N O) .ri •.~m~yvaHO~,N>ve' O U -~-f G G N •~I .u t6 .G W O w N~> N O N G v .>~ v~ O/ o w ya o N~ ~. Sa W N tJ S.~ Loau roroau~ m~~, H N U N .C N rt U N V .1~ UI O .~ .~ ~ ~? c v ~ ~ ou m •~u N ai O. iJ N O H H N tf1 SL •ri ~ U ro N w p N b rt -ti 'a -H m }~i w a i n O W N w U •N b ^r G C rt u N ~w_H ~ v a v a o•s ~w rt m ro o A u R N g q~ C~ C q N U O C O Q1 C O g O N 0 O/ O -~ N .N N N f1.O-.1 O-.+x •.i ti•~ N ro~ u o v v v u u u o u q u-.~ A N 8C N N O N C O C aO.r ~ ,Oi ~ con sviooroa,~,o~u~~~u~~ .C N N N O~ ?r N U W N N N N C m e m o Paai am N v o v a v~ ~ U O U N ~ ~ O 91 A O~ H~ N :y v s,vqu.~rougogv~vG~ O a~ N O cd v a~ 7, 1~ w a~ '0 u ,-i ~ ~ .~ +-~ 7 N rt rt rt5 rtt rt .-c vqux~ ~~~up,vzyuroum N •-+ C q u/ ~ C O C N~ y~ caa~•.,..~ovaua•~~oa ASCU, a v A A O -Wi N N N~ p~~~ 7-I ~ -f1 N L U 3 m --i R U G U N U p, U -- ~ y + O 1~ S ~ 00 E ~ O o~ ~ \ ~ ~ ~ f N Z uN~J m ~ U O W n c c m R~O O1 ~ c A c c ~ a`> a - E ~ m ) ~ Z ~•- ® ~ 'w ate = ~ m ~ ro ® r ~ Q ~ ~ ~ >i a i ro N ~ ~ 5 ~ o Q ~ ~ U ¢ a~i ~ v Wm E ~N ~ ~ ~ ~ O p e C v © N N Y n \ ~ C U C ~ ~ ~ T N 'O N W ~ ~ N Q Z 41PN } ,~ `V Q ~ > t0 _ ~ N Ql ~ C Y N ~ ~ "'UUU ~~ m O O ~ ~ ~ C ~ ~ ~` ®N L ~ ® NE ~ .-1 O ~ ,-i w ,{ v ,, W ro N iU p 'r( Q) cs,~:xA U -.-i ~J ~~~x~~ ~, v v,~ m G ° " si -~ ~ e (n ,4 N kJ la W ~~,~oaaa •.a~v~c U .. S+ w a Sa N ~'S S' ~ N N u u G ~ owvrtv.N C W~ O O U -~~ ro ~ .. a~ Ww U ~ U} J AA.1 ~" C Q> > V E> N e N m W +CC N .oC G w S+ N y W O ~'~U W C W C v ~ H m L zj N N b C .-~ U C O O -.~ ~ .,~ o v ~..+ m m W Pl }~ Vl Cl H la O LR U L N N Y ~.' ro N U ~ C O lT V la rt y a rt o ro N N•-~ ww .C Cn U U W w C N~ A $~~NVG O 't3 U ti O m v m ~ a v~.aq.~m A ~ U.•+ N N F U U w p~ u :i '~~ s~~ ~ - €t ~~~~ - 1 t C•-' 1 ,~, ~ s ``s,~ •~ l__ll --- '"'ter x tJ C C ,mil _ _ It ~` C ~, f_ M 2-50 ~~ w ® -~ ~y y ca ~ . 'o °~ ~ t%7 ~ n ra ~ c7 G® ~ ~ ~' w ~ G~ ~ w N ~ G o~® Y v ~ ".D °° ® `~ ~ 6. ® ~ ~ d ~ y ~ ~ ' Q7 ~ A~ ~ ~ N ~ ~ ~ ®® ~ ~ .o [J r ~ ~ 'a ~+. ~ 4 O ~ N ~e ~ C Gi °d C U ~' v 0 ~. ~ C A • O V 'y C ® O O ~ ~ CJ . O 7 ..s O ~ ml ~ ~ ..- `D ~ +n 'O rn O A ND ~ w J~ w ~. S@ ® ¢. U .a cs J U «. Y]. E C ® u "® .o f8 V 7. °~" N 3 V C. ~ d ~ Q V ~ c3 ~ O ~ ~~ C U U 4 C q O ~ ~ 3 ~- w C y , iU S . ® ~, V Q O~ ~ ~ Ry O m p' a ~ U C! n! v' V O~ ~ ~ O N ~ X ~ ~ ~ O h _ O O G CJ 'p^ N ~ ~ > .®_ ~ cd ~ ~ v a % .a ffi. L a .3 ~ c~ v ®.j _~ ` GI a ~ •~ ~ a i 3 °O A. ~ ~ ej U ~u U N c i N .O to p s . . ,~ t„+ C m i b O qg ~ ~ ~ p ~ ~..' ~ ~ - ~ '~ ~ _ ~ y c~6 ~ ~' ~ o c~C aL ~K ,r ~ O N ~ ~ ~ N U O N tC U ~' ~ _ 11 rf n 3 Y ~~ <-a V t3 O Y C c~°n Y G ~a, O o y O w V O O .~ ®`~ of ~ 0..i 'U O y 'O V V t], m 0. °® °O v O t0.6 •- O ,y „ab s~ m B .. y E es a .fl y •R U ~ ~ .P .® ..-. ~ LL C~r ti .C v 31'~ e il V -O wp w ea + v v ~ (~ °V ~ -~ p Ci aS O ~ O ~ r v O ~(+. G -.~', 0 r ~° 'O .5 _ 0 O p. O ~ C N O ~ N C _ t~tl C 17.1 ~~ V O .~ W O ~ ~ ~ a c ~ ~ ~ i7 ~ o $ o o ~ c p + , _ U ~ y . ~ ~ s s ~ ~ O .'p. O GTt N ~ N ~ L M p ~ O O .. 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'O N C N N O- O O .N L O C Q' ~ N ~ '6 > Q O C C ~~ O U O U N (~ .. V O ~ . Vi B N N Z O O N ~ C C N ~'~ C 'C O C N L N m U ~ C m . T .~ E i0 N O E ~ 'O E C C 7~ N ,~ O O m N O. C6 N N N .~~' U~ U tti C~ .-' ,G N N ~ ~ ~6 ~ H N N . 7 d m p L= N ro W m m U U F- mac' D' Q. (6 .fl U U L O 1- d U mc ;,-aN L ~ = ~ a ~ ~ ro ~ N N • p F- U OQU Q CNN r W :`~ ~ N ~ ~ _ O d U N c o .O a~i m °' o_ O N L O N U N ~ ~ 3 0 c ~ ~ T d O m._ C LL ~ N ~w c o ro me c .m N N mw N Q a'C.~ 2-61 `I'i~osday, Qctobo~ 1$, 2011 Pa~~ 1 Qf 1 i n ~rl Fr®rn: Carrie (1~usselman Sint: Tuesday, October 10, 2011 10:2 AM `T®: Katie ,~nderl Subject: Grand River Flats subdivision - 30T-10202 ®General Vegetation Overview Hello Katie, I have reviewed the Revised General Vegetation Overview for the Grand River Flats Subdivision dated May 17, 2011 by IBI Group prepared in response to comments I submitted October 2010 and I do not have any additional comments. At this time I request that the City's standard Tree Management conditions (Detailed Vegetation Plan /Tree Management/Maintenance Report /Tree Management/Preservation Plan /Tree Management- Implementation/Remediation) be included within of the Draft Plan of Subdivision Conditions and Residential Subdivision Agreement or the Grand River Flats Subdivision a 30T-10202. Sincerely, 6s ~/Y'{~'GP/ Carrie Musselman Senior Environmental Planner City of Kitchener -Planning Division 200 King Street West, 6th Floor P.O. Box 1118 Kitchener ON N2G 4G7 Phone: 519-741-3400 x 3148 Fax: 519-741-2624 TTY: 1-866-969-9994 loil$i2o11 2 - ( 2 T ~ Cpp R b N ~. G .. C, ~O a ~ O E G O CA R. G y ~ [0 '~ a ~ C nt .o v;= ro ^~~, ~ a G a. G'$ ro ~ .n ~..G Ge ro ~ o _ M ' V o z~. p, 3 a 0 ~ 5~ 3 '6 N a a~ n ~ Y, b U C r v'ptl O.C S . C A N .Y ~asL CA ~~ te N sc N ~ $ ~'m U o 6 u ' a o ~° ~° a °v' u !~, G ~ b9 3 ~ ro w n n~ ~.ro o p ro .. 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OGD W GG T ~ L ~.O ..7 .Q O i°3 N :c°~~ q m ~ ~ ~' m M m ~ m •a E ro~ ~ o E '~ :? ~, bA'~ ~ w A 9 W p G° ` G G C C C g G -_ ' ._-. ~ -~ bA.': , 'B d y a0.i h'~~'C ~a~ ~~ 4 iY dcV O ~° ~ L ~ ' a o, a Q b ~r acA. ~ ~ P. x `° m m m ~ a 4 G A, C0. a 0., 0... ro ° '° N ° N ~p ° N .G " " . . ~ ~ te v m ~ a o :. o_ ^ s( ~ ~ ` O ) ,~ ~J V r SN r~ ~ ~ U O 4 f~ Cot°'> i 2-63 Repoz~ No. CAD®12-002 tip nrl __._ r®e Sent; M®nday, ®ctober 11, 2010 10:35 PM `To: Katie Anderl Subject: Proposed Plan of Subdivision:- 30T®10202 ~~ ~- „ ~~ Appendix ~ ~ ~ ~ _ t~, ~~ ~.c ~-4_ ~ n Comment Form. 1] What do-you like about the proposed zone change and plan of subdivision. It is not using valuable farmland. The land is extremely stony but is suitable for housing. 2] What improvements do you suggest for the proposed zone change and plan of subdivision. The planning seems to be stuck in the 1950's. Plan calls for 1046 residential units. Allowing for even one child per household, no provision seems to have been made for schools or stores. This means that every child will need to be bussed to school and every excursion for provisions will have to be done by car. The plan shows a provision of a couple of tiny parkettes. The area ~ should not be .included as designated for parkland as it is in the floodplain and will be used. only for drainage. New subdivisions should have extra wide sidewalks to allow joint use for cycles and .pedestrians. 3] Any additional comments. The proposal is evidently a joint one between Rockway Holdings Limited and GRCA. Perhaps GRCA have not yet understood what the "C" stands for ... building 1046 units on this land and a further proposal yet to come for land on Zeller Drive is hardly "conservation". The proposal for stages 2 and 4, Area 3, calls for 254 Multiple residential units or Low Rise multiple units. If approved, this will certainly provide a precedent for the next proposal from GRCA on land. across the new highway. Existing land use for the subdivisions bordering that which is propsed is for town homes, semis and detached homes. Already, most of the children of the existing homes have to be bussed to school. 10th Oct 2010. Address:- 72,Lower Mercer St., Kitchener. N2A 4N3 1oi12i2o1o 2 - 64 ati n rl T®; The Commonwealth Reel Estate group Saajecto RE: ~~: RE: RE: RE: Proposed subdivision Circulation Notice From: The Commonwealth Real Estate Group Sent: Monday, October 24, 2011 9:58 AM Too Katie Anderl Subject: Re: RE: RE: RE: RE: Proposed Subdivision Circulation Notice Thanks Katie, my mailing address is Jeff Sales c/o The Commonwealth Group P.O. Box 791 Gravenhurst On. P1P 1V1 1 2-65