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HomeMy WebLinkAboutCSD-14-051 - Draft Plan of Subdivision-30T-08206 - Official Plan Amendment-OP14/05/B/JVW - Zone Change Application-ZC08/35/B/JVW - Williamsburg South Neighbourhood REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: June 23, 2014 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Juliane von Westerholt, Senior Planner, 519-741-2200 ext. 7157 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: June 4, 2014 REPORT NO.: CSD-14-051 SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-08206, OFFICIAL PLAN AMENDMENT OP14/05/B/JVW AND ZONE CHANGE APPLICATION ZC 08/35/B/JVW WILLIAMSBURG SOUTH NEIGHBOURHOOD OWNER: SOUTH ESTATES G.P. KITCHENER INC. AND SOUTH ESTATES KITCHENER LIMITED PARTNERSHIP EXECUTIVE SUMMARY: South Estates G.P. Kitchener INC. and South Estates Kitchener Li approval of a Plan of Subdivision, Official Plan Amendment and a Z subject lands to be developed with a wide range of residential u dwellings, semi-detached dwellings and townhouses. In addition, the subject lands will be supported by a separate school within the subdivision, a neighbo in the adjacent plan, public parks, and an open space trail system. Staff supports the proposed Plan of Subdivision, Official Plan Amendment and associated zone conditions outlined in this report. 3 - 1 RECOMMENDATION: A. That Official Plan Amendment Application OP/14//B/JVW (South Estates G.P. Kitchener INC. and South Estates Kitchener Limited Partnership) requesting a change in the land use designation from Low Density Residential One to Neighbourhood Park be adopted, in the form shown in the proposed Official Plan Amendment attached to Report CSD-14-051 as and forwarded to the Region of Waterloo for approval; B.That Zone Change Application ZC/08/35/B/JVW (South Estates G.P. Kitchener INC. and South Estates Kitchener Limited Partnership) requesting a change in zoning from Agricultural Zone (A-1)to Residential Six Zone(R-6), Community Institutional Zone (I-2),Public Park Zone (P-1), Open Space Zone(P-2), Hazard Zone(P-3) be approved in the form shown th -June 4, 2014 attached to Community Services Department Report CSD-14-051 as Appendix B; C. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-08206, in the City of Kitchener, (South Estates G.P. Kitchener INC. and South Estates Kitchener Limited Partnership) subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T-08206 for South Estates G.P. Kitchener INC. and South Estates Kitchener Limited Partnership a attached Plan of Subdivision prepared by the City of Kitchener d shows the following: Lots 1-255 Residential 301 units Blocks 256-276 Multiples (Townhouses) 132 units Blocks 277-279 Future Development (Residential) Blocks 281, 282, 286, 288, 290 Open Space Block 283 Institutional Blocks 284, 285 Parks Block 287 Public Walkway Block 289 Storm Water Management Blocks 280, 291-298 0.3 m Reserves Total 433 units 2. CITY OF KITCHENER CONDITIONS: 2.1That the SUBDIVIDER shall enter into a City Standard Residential Agreement, as approved by City Council, respecting those lands s attached Plan of Subdivision dated June 4, 2014, which shall con additional special conditions: Part 2 Prior to Grading 2.10 a) desire to minimize the impact of development on treed areas wort 3 - 2 SUBDIVIDER agrees to submit a Detailed Vegetation Plan and to ob b) The Core Environmental Feature limits should be re-confirmed an with the design and development of these southern stages of the time of the Detailed Vegetation Plan to the satisfaction of the Planning. c) The SUBDIVIDER shall provide a digital copy of the approved D Plan (where applicable) showing the Planning. d) The SUBDIVIDER shall implement all approved measures for the trees, tree clusters and woodlands as approved in the Detailed V applicable) and to provide wr Heritage Coordinator that all protection measures have been impl inspected, in accordance with the CIT 2.13- ing, the Grand River Conservation - program will document current groundwater infiltration condition provide baseline information to compare conditi construction monitoring periods. Further, the SUBDIVIDER agrees to submit, obtain approval of and Conservation Authority and the Regional Municipality of Waterloo measures satisfy pre-development infiltration targets specified Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL well as the South west Urban Area Study, Comprehensive Storm Wat Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 201 Impact assessments meet the Reasonable Use Criteria of the Alder Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report to the satisfact GRCA and the Regional Municipality of Waterloo. 2.14 ance with the Comprehensive Storm Water Management Strategy Prepared by AMEC (June 22, 2011 as revised J the Alder Creek Watershed and Upper Strasburg Creek Subwatershed 2008 report as approved. The program is to be appr Engineering Services in consultation with the Grand River Conser program is to ensure that the stormwater management facility con current pre-development conditions for infiltration and to ident requirements that may be necessary to monitor, including but not for quantity and quality, choride toring 3 - 3 program will extend for 2 years after full build out of the subd Municipality of Waterloo. The SUBDIVIDER further agrees to implement any remedial action d (including monitoring for 2 additional years should chloride lev Use Criteria of Alder Creek Watershed and Upper Strasburg Creek CH2MHILL, 2008 report as approved, including the design and ins pass upgrades, if required) as a result of the aforementioned mo g Services in consultation with the GRCA and the Regional Municipality of Wate 2.15 The SUBDIVIDER agrees that the Middle Strasburg Creek Flood Assessment (EA) shall be completed prior to area grading and fur recommendations of the EA, including the construction and locati implemented in accordance with the EA and coordinated with the a satisfaction of the Director of Engineering Services and the Gran Authority. The City is 100% responsible for the cost of these wo not allocated from the appropriate CITY Development Charge Accou CITY to fund these works or the works are not a Development Char and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to p front the cost of these works. Should these works become a Development Charge eligible expense, to recognize any monies paid by the SUBDIVIDER for any works or to be recognized as a credit towards any CITY Development Charge 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 th SUBDIVIDER or the works become a Development Charge eligible expense, which shall be later. If the registration of the plan is staged, a Supplementary Agree or block for which credits are payable shall be registered for e registration of each stage of the plan of subdivision, until the remaining. When no outstanding credit balance remains, then the Development -law. If, following the registration of the entire plan of subdivision permits, there is any outstanding credit balance, it shall remai as a credit for future development, or alternatively, the CITY m agreement with the SUBDIVIDER, under Section 40 of the Developme enable the transfer of Development Charge credits to other benef community, subject to satisfactory arrangements being made betwe 2.16 Prior to any site alteration, area grading, servicing or re plan, the SUBDIVIDER shall obtain any necessary permits and appr Ministry of Natural Resources (MNR) related to species at risk i contiguous to the subject lands in compliance with the Endangered Species Act. Any measures required by MNR including but not limited to Overall Benefits Plans and/or 3 - 4 Mitigation Plans shall be to the satisfaction of the Ministry of Natural Resource City. 2.17 Prior to Area Grading of the Subdivision, the SUBDIVIDER sh drawings and grading plans for the multi-use pathways required w Management Facility Block 289, for review and approval to the sa Director of Operations and the Director of Planning in consultat Engineering Services. 2.18 A Stewardship Management Plan should be developed, submitted and registration, pre-grading or pre-servicing (whichever comes first) to the satisfaction of the Director of Planning in consultation with the Deputy Chief Admin Infrastructure Services (formerly Parks), the Region, and GRCA. Management Plan shall be in compliance with the Scoped Environmental Impact Study (Howes-Jones, December 2012), the Response Document (NRSI, April 10, 20 incorporate any requirements of the Ministry of Natural Resource 2.19 During- and post-construction environmental monitoring plan submitted and approved as part of the Detailed Vegetation Plan a Management Engineering design. The monitoring plans shall addres in the Response Document (NRSI, April 10, 2014) and incorporate Ministry of Natural Resources. Monitoring plans shall be approve grading or pre-servicing (whichever comes first) and to the sati Planning and Engineering in consultation with the Deputy Chief A Infrastructure Services (formerly Parks), the Region, and GRCA. The period of time after 90% build-out of the subdivision that m be implemented by the SUBDIVIDER will be determined as part of t monitoring plans to be approved. Any restoration or mitigation m monitoring and deemed necessary by MNR, the Region, the GRCA and the sole responsibility of the SUBDIVIDER. 2.20 The SUBDIVIDER agrees to coordinate grading with adjacent l to ensure gradual transition grades between plans to the satisfa Engineering Services. The SUBDIVIDER agrees to prepare a grading plan for the subject the current environmental and ground water constraints and furth requirements of the City of Kitchener, GRCA, MNR, and Region of SUBDIVIDER is responsible to match existing grades at the shared changes to the grades at the shared property line shall be subje the Director of Engineering. Part 3 Prior to Servicing 3.2 The SUBDIVIDER agrees to retain a qualified Engineering Con prepare a detailed engineering design and report for the storm w accordance with the Comprehensive Stormwater Management Strategy West Urban Area prepared in June 2011 by AMEC and the Alder Cree Upper Strasburg Creek Subwatershed Update-CH2MHILL, 2008 which a 2.0 cubic metres/second flow from Area 2 lands (as identified in and Upper Strasburg Creek Subwatershed Update-CH2MHILL, 2008) to es in consultation with the Director of Operations, the Region of Waterloo and the Grand River Conservation Authorit 3 - 5 SUBDIVIDER shall have landscape plans for the storm water manage prepared by a Landscape Architect to the satisfaction of the Dir the Director of Engineering Services. 3.18 The SUBDIVIDER shall prepare a detailed Geotechnical/Hydrog Report which shall determine the suitability of soils to support water to the satisfaction of the Director of Engineering Service Region of Waterloo and the Grand River Conservation Authority. T infiltration galleries should have a 20 % contingency to the sat Engineering Services. 3.19 The SUBDIVIDER acknowledges that a shared storm water manag proposed for the subject lands and for lands within the adjacent the east 30T-09201. The SUBDIVIDER agrees to enter into a cost sharing and maintenance agreement with the land owner for the adjacent plan to arrange the sharing of costs associated with ongoing maintena management facility and any related appurtenances to the satisfaction of the City Solicitor and the Director of Engineering Services. The SUBDIVI construct and locate the Storm water management facility in acco Rosenberg Secondary Plan and to the satisfaction of the Director Services, the Region of Waterloo and the Grand River Conservatio 3.20 Prior to Servicing of each stage requiring new stormwater m stormwater management ponds, infiltration galleries and other re SUBDIVIDER shall provide a letter of credit based on 60% of the approved infiltration facilities, and 100% of the estimated cost The Letter of Credit will be released two years after 95% of the stabilized (meaning buildings are constructed and lot/blocks are irector of Engineering Services. 3.21 The SUBDIVIDER agrees that the extension of the Middle Stra through this plan of subdivision is required and shall be in acc Strasburg Sanitary Trunk Sewer EA or any addendum thereto. It is acknowledged that By-law 99-106, as amended, and the City shall be responsible for 1 these works. It is further acknowledged, if there is a need to i of the sewer to facilitate servicing outside of the Rosenberg Se Community, the city will be responsible for 100% of the cost of If sufficient money is not allocated from the appropriate CITY D Account(s) to permit the CITY to fund these works or the works a Charge eligible expense and the SUBDIVIDER wishes to proceed, th agrees to provide and up-front the cost of these works. Should these works become a Development Charge eligible expense, to recognize any monies paid by the SUBDIVIDER for any works or to be recognized as a credit towards any CITY Development Charge 3 - 6 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 th SUBDIVIDER or the works become a Development Charge eligible expense, whichever shall be later. If the registration of the plan is staged, a Supplementary Agree ge prior to the or block for which credits are payable shall be registered for e registration of each stage of the plan of subdivision, until the remaining. When no outstanding credit balance remains, then the Development -law. If, following the registration of the entire plan of subdivision permits, there is any outstanding credit balance, it shall remai as a credit for future development, or alternatively, the CITY m agreement with the SUBDIVIDER, under Section 40 of the Developme enable the transfer of Development Charge credits to other benef community, subject to satisfactory arrangements being made betwe 3.22 Prior to Servicing or Registration, whichever shall come fi prepare and receive approval of detailed design drawings includi the park and trails located on Block 284 Park, Block 287 Public Walkway, Block 282 Open Space (MUP), andBlock 285 Neighbourhood Park, Block 288 -290 Open Space(Trail) prior to the servicing or registration of the assoc 3.23 Prior to Servicing or Registration, whichever shall come fi prepare and receive approval of Detailed Design drawings for the 289 SWM Pond, prior to servicing or registration of the associated satisfaction of the CI of Planning and the GRCA. 3.24 Prior to Servicing or Registration which ever shall occur f to provide a detailed sanitary servicing report and to make arra the Director of Engineering for a sanitary servicing connection Trunk Sanitary Sewer. The SUBIDIVIDER further agrees that where required to any local sewers required to connect these lands to the sole cost of the SUBDIVIDER. Where there are multiple land from the upgrades to the local and/or trunk sewers, cost sharing made between the land owners for the costs of upgrading both the Engineering Services with written confirmation that adequate cos have been made between the land owners. 3.25 The SUBDIVIDER agrees to install black vinyl chain link fen that is not made of solid materials and provides visibility on P87 along any property line rear and/or side of lots that are adjace Space, Woodland and Buffer Block 286, to the satisfaction of the Director of Engineering Services in consultation with Director of Operations. 3 - 7 3.26 The SUBDIVIDER acknowledges that the servicing plan will in servicing (construction) trench will be located within a shallow system. The SUBDIVIDER agrees that mitigation measures must be i implemented so that subsurface infiltration adjacent to the wetl and/or their buffers will not be interrupted and groundwater flo watercourse will be maintained with the pre-development conditio the CI asappropriate. 3.27 The SUBDIVIDER agrees to coordinate the decommissioning of the t station at Fischer Hallman Road and Bleams Road immediately following servicing to the 3.28 Prior to any site alteration, area grading, servicing or re plan, the SUBDIVIDER shall obtain any necessary permits and appr Ministry of Natural Resources (MNR) related to species at risk i contiguous to the subject lands in compliance with the Endangered Species Act. Any measures required by MNR including but not limited to Overall Benefits Plans and/or Mitigation Plans shall be to the satisfaction of the Ministry of Natural Resource City. 3.29 The SUBDIVIDER agrees that a Stewardship Management Plan sh submitted and approved prior to registration, pre-grading or pre comes first) to the satisfaction of the Director of Planning in Chief Administrative Officer of Infrastructure Services (formerl GRCA. The Stewardship Management Plan shall be in compliance wit Environmental Impact Study (Howes-Jones, December 2012), the Res (NRSI, April 10, 2014) and incorporate any requirements of the M Resources. 3.30 During- and post-construction environmental monitoring plan submitted and approved as part of the Detailed Vegetation Plan a Management Engineering design. The monitoring plans shall addres in the Response Document (NRSI, April 10, 2014) and incorporate Ministry of Natural Resources. Monitoring plans shall be approve grading or pre-servicing (whichever comes first) and to the sati Planning and Engineering in consultation with the Deputy Chief A Infrastructure Services (formerly Parks), the Region, and GRCA. The period of time after 90% build-out of the subdivision that monitoring will be required to be implemented by the SUBDIVIDER will be determined as part of t monitoring plans to be approved. Any restoration or mitigation m monitoring and deemed necessary by MNR, the Region, the GRCA and the sole responsibility of the SUBDIVIDER. Part 6 Other Timeframes 6.15 including all future development blocks by the conveyance of Par to the CITY, at no cost and free of encumbrance. Conveyance of e Blocks will take place at the time of the registration of the St 3 - 8 located and not in advance thereof. The SUBDIVIDER agrees that provided with the plan of subdivision shall be at no additional 6.16 The SUBDIVIDER agrees to include a statement in all Offers of Agreements, and/rental Agreements with home buyers for said lots fencing is being installed on the walkway blocks, Park Blocks an Woodlot and Buffer blocks and that owners of said lots are restr board or other like solid fences along the common property line park blocks and or Open Space Woodlot and Buffer Blocks. 6.17 The SUBDIVIDER agrees to include a statement in all Offers of and/or rental Agreements with home buyer that there is a planned the neighbourhood and to provide an information pamphlet or webs Grand River Transit services. 6.18 Prior to Servicing or Registration, whichever occurs first, submit a functional design for the implementation of bicycle lan intersection curb extensions on both sides of Rosenberg Way to t Services. 6.19 The SUBDIVIDER shall warrant and guarantee all park and trail w defects of material and quality of work for a period of 24 month acceptance thereof by the CITY. 6.20 The SUBDIVIDER agrees to complete the detailed design and to development of the lands to the west as shown in the Rosenberg S SUBDIVIDER further agrees that oversizing and sharing of service that a 0.3m reserve will be placed on connecting roads until cos are agreed to. The SUBDIVIDER further agrees to make the necessary arrangement land owners to the west for the provision or extension of any se confirmation that these cost sharing arrangements have been made 6.21 That the SUBDIVIDER shall agree to prepare and have approve plan, which may include fencing and/ landscaping or combination southern boundary of the subject lands along Block 286 the south (Williamsburg Cemetery) to the satisfaction of the Dir consultation with the Director of Enterprises. 6.22 The SUBDIVIDER agrees to update the Traffic Impact Study pr plan to identify appropriate traffic control measures that may b - 09201). 6.23 The SUBDIVIDER agrees to update the Noise Study prior to th applications for Blocks 260 to 264, to consider alternative miti building design and orientation toward Bleams on site as well as 3 - 9 appropriate construction materials. The SUBDIVIDER further agree modification to the plan be required to implement these design c noise mitigation methods, to initiate a modification to the plan recommendations are implemented in consultation with the Region of Waterloo. 6.24 Prior to occupancy of the first unit being granted, the SUB locations of all centralized mail receiving facilities to the sa Planning. If required, the SUBDIVIDER shall provide temporary s mail box locations that may be utilized by Canada Post until cur sidewalks are constructed for the plan of subdivision. 6.25 The SUBDIVIDER shall include a statement in all Offers of Purchase and S Agreements, and/or rental agreements, which advises: a) that the home/business mail delivery will be from a designated Community Mail Box; and b) homeowners of the exact Community Mail Box locations. The SUBDIVIDER further agrees that the location of all Communit Box facilities shall be shown on maps, information boards and pl including maps displayed in the sales office(s). 2.2 That prior to final approval of the plan to be registered, t following conditions: 1. The City Standard Residential Subdivision Agreement shall be re 2. The SUBDIVIDER shall submit copies of the plan for registration of Planning and to obtain approval of such applications therefro 3. The SUBDIVIDER agrees to commute all local improvement charges part of the lands and to pay all outstanding taxes on the lands. 4. The SUBDIVIDER shall install within the subdivision any require under the direction of the CITY'S Director of Engineering, with elevations thereon and submit for registration the plans showing monuments, their co-ordinate values, elevations and code numbers Surveyor General of Ontario. 5. The SUBDIVIDER shall make satisfactory arrangements with Kitche the provision of permanent electrical services to the subdivisio the existing services. Further, the SUBDIVIDER acknowledges that payment of all costs associated with the provision of temporary of such services when permanent installations are possible. 6. The SUBDIVIDER shall make satisfactory arrangements for the pro telephone services to the subdivision and/or the relocation of t Further, the SUBDIVIDER acknowledges that this may include the p 3 - 10 associated with the provision of temporary services and the remo when permanent installations are possible. 7. The SUBDIVIDER shall make arrangements for the granting of any for utilities and municipal services. The SUBDIVIDER agrees to c following easement procedure: a) to provide copies of the subdivision plan proposed for registra plan(s) showing the easements HYDRO, and telephone companies and Director of Planning. b) to ensure that there are no conflicts between the desired locat easements and those easement locations required by the CITY'S Di Engineering for municipal services; c) to ensure that there are no conflicts between utility or muni locations and any approved Tree Preservation/Enhancement Plan; d) if utility easement locations are proposed within lands to be c owned by the CITY, the SUBDIVIDER shall obtain prior written app CITY'S Director of Engineering, or, in the case of parkland, the Manager of Community Services; and e) to provide to the CITY'S Director of Planning, a clearance lett HYDRO and telephone companies. Such letter shall state that the company has received all required grants of easement, or alterna easements are required. 8. The SUBDIVIDER shall dedicate all roads, road widenings and pub CITY by the registration of the Plan of Subdivision. 9. The SUBDIVDER shall convey to the City free of cost and encumbr Blocks 284, 285 Park Blocks 281,282,286,288-290 Open Space Block 287 Public Walkway Blocks 280, 291-298 0.3 m reserves 10. The SUBDIVIDER shall erect and maintain a subdivision billboard of Planning, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of and the corner visibility triangle, with the specific, appropria b) The sign shall have a minimum clearance of 1.5 metres, a maximu metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the s without limiting the generality of the foregoing, approved stree 3 - 11 emergency access roads, zoning, lotting and specific land uses, storm water management areas, hydro corridors, trail links and w or planned transit routes and bus stop location, notifications r school sites, noise attenuation measures, special buffer/landsca courses, flood plain areas, railway lines and hazard areas and s general reference to land uses on adjacent lands including refer d) Approved subdivision billboard locations shall be conveniently public for viewing. Low maintenance landscaping is required aro suitable parking and pedestrian access may be required between t and public roadway in order to provide convenient accessibility e) The SUBDIVIDER shall ensure that the information is current as is erected. Notice shall be posted on the subdivision billboard information may not be current and to obtain updated information 11. The SUBDIVIDER agrees that all streets shall be named as shown 12. The SUBDIVIDER agrees to obtain the appropriate land use plan, Kitchener, for the area being subdivided in order to satisfy Con Subdivision Agreement. 13. T Services, Streetscape Plan shall illustrate a consistent streetscape theme showing: a) Design and construction details, with preference to low-mainten plantings and decorative streetscape elements; b) Conceptual street tree planting locations for Rosenberg Way c) Conceptual locations and type of flankage lot streetscape featu fencing and landscaping between the side yard fencing and the pr flankage lots; and, d) Potential locations of utilities. 14. Prior to Grading or Registration, whichever shall occur first, submit, obtain approval of and implement a detailed monitoring p performance of infiltration galleries (including pre-constructio phases) and to identity if the required water balance is met, to Waterloo. 15. Prior to Servicing or Registration, whichever shall come first, confirm whether decorative street signage and street lighting wi 3 - 12 Hydro. Should these decorative elements be utilized, they shall appropriate time frame and t- time supply of 10% of the materials for future maintenance repla Hydro. 16. Prior to the Servicing or Registration, whichever shall occur f SUBDIVIDER shall prepare an On- Engineering Services, in acc-Street Parking Policy, as approved and amended. The On-Street Parking Plan shall be consid with the servicing drawings and shall generally provide for one for every two dwelling units where reasonable. Other options suc garage space, communal parking facilities, and/or parking along 17. Prior to Servicing or Registration, whichever shall occur first receive final approval of a Priority Lotting Plan and of Design to the satisfaction of . The Design Guidelines for Priority Lots shall include, but not b considerations: a) For Corner Priority Lots, building elevation drawings shall ens has been given to the design treatment along both road frontages lot/dwelling, including such items as the provision of porches, projections; secondary or angled door entries; horizontal articu masonry-style skirting along both the front and exterior side ya windows; increased building massing and height; and consideratio landscaping. b) For Terminating Vista Priority Lots, building elevation and bui shall ensure that the garage face is not the primary terminating oncoming street, instead utilizing the habitable portion of the pitch, landscaping, etc. c) For Park Priority Lots, building elevation drawings shall ensure has been given to the design treatment along the road frontage a flankage for each lot/dwelling, including such items as the provision for porches, porticos, stairs, or other projections, secondary entry doors, h brick and masonry-style skirting and/or accentuated windows; and consideration to fencing and landscaping. d) For Gateway Priority Lots, building elevation drawings shall en consideration has been given to design treatment along the road such items as the provision for porches, porticos, stairs or oth horizontal articulation, brick and masonry style skirting and/or 18. The subject lands shall be developed prior to or in conjunction east located in plan of subdivision 30T-09201. 3 - 13 19. Prior to registration, the SUBDIVIDER shall enter into an agre uction) and this this data be reported to the Region of Waterloo in the water deficit results and mitigation measures may be required to water balance to sustain the wetland and ESPA features on the su 20. Prior to any site alteration, area grading, servicing or regist this plan, the SUBDIVIDER shall obtain any necessary permits and Ministry of Natural Resources (MNR) related to species at risk i contiguous to the subject lands in compliance with the Endangered Species Act. Any measures required by MNR including but not limited to Overall Benefits Plans and/or Mitigation Plans shall be to the satisfaction of the Ministry of Natural Resource the City. 21. The SUBDIVIDER agrees that a Stewardship Management Plan should submitted and approved prior to registration, pre-grading or pre comes first) to the satisfaction of the Director of Planning in Chief Administrative Officer of Infrastructure Services (formerl GRCA. The Stewardship Management Plan shall be in compliance wit Environmental Impact Study (Howes-Jones, December 2012), the Res (NRSI, April 10, 2014) and incorporate any requirements of the M Resources. 21. During- and post-construction environmental monitoring plans submitted and approved as part of the Detailed Vegetation Plan a Management Engineering design. The monitoring plans shall addres outlined in the Response Document (NRSI, April 10, 2014) and inc requirements of the Ministry of Natural Resources. Monitoring pl prior to registration, pre-grading or pre-servicing (whichever c satisfaction of the Directors of Planning and Engineering in con Chief Administrative Officer of Infrastructure Services (formerl GRCA. The period of time after 90% build-out of the subdivision that m to be implemented by the SUBDIVIDER will be determined as part o monitoring plans to be approved. Any restoration or mitigation m monitoring and deemed necessary by MNR, the Region, the GRCA and the sole responsibility of the SUBDIVIDER. 22. The SUBDIVIDER agrees to update the Traffic Impact Study prior plan to identify appropriate traffic control measures that may b - 09201). 23. Prior to Servicing or Registration, whichever occurs first, the submit a functional design for the implementation of bicycle lan and intersection curb extensions on both sides of Rosenberg Way Services. 3 - 14 24. The SUBDIVIDER agrees to complete the detailed design and to im development of the ands to the west as shown in the Rosenberg Se SUBDIVIDER further agrees that oversizing and sharing of service and that a 0.3m reserve will be placed on connecting roads until arrangements are agreed to. The SUBDIVIDER further agrees to mak arrangements with adjacent land owners to the west for the provi of Engineering Services written confirmation that these cost sha have been made prior to registration. 25. Prior to Servicing or Registration, whichever shall come first, prepare and receive approval of detailed design drawings includi the park and trails located on Block 284 Park, Block 287 Public Walkway, Block 282 Open Space (MUP), andBlock 285 Neighbourhood Park, Block 288 -290 Open Space(Trail) prior to the servicing or registration of the assoc 26. Prior to Servicing or Registration, whichever shall come first, prepare and receive approval of Detailed Design drawings for the Block 289 SWM Pond, prior to servicing or registration of the associated satisfa Director of Planning and the GRCA. 27. Prior to Servicing or Registration which ever shall occur first to provide a detailed sanitary servicing report and to make arra to the Director of Engineering for a sanitary servicing connect Strasburg Trunk Sanitary Sewer. The SUBIDIVIDER further agrees upgrades are required to any local sewers required to connect th sewer will be at the sole cost of the SUBDIVIDER. Where there a owners benefitting from the upgrades to the local and/or trunk s arrangements may be made between the land owners for the costs o the local and trunk sanitary sewers. The SUBDIVIDER further agr sharing arrangements have been made between the land owners. 28. To expedite the approval for registration, the SUBDIVIDER sh Director of Planning, a detailed written submission documenting imposed by this approval that require completion prior to regist plan(s), have been satisfied. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1. That the plan for final approval may incorporate a lot pattern detached, semi-detached and townhouse lots are permitted, at a d the density identified in the draft approval conditions. 2. That the owner agrees to stage the development for this subdivi satisfactory to the Regional Commissioner of Planning, Housing a Services; 3 - 15 3. That the subdivision agreement be registered by the City of Kit to which it applies and a copy of the registered agreement be fo Commissioner of Planning, Housing and Community Services prior t the subdivision plan; 4a. That the owner enter into an Agreement for Servicing with the R Waterloo to preserve access to municipal water supply and munici treatment services prior to final approval or any agreement for underground services, whichever comes first. Where the owner has alr an agreement for the installation of underground servicing with such agreement shall be amended to provide for a Regional Agreem prior to registration of any part of the plan. The Regional Com Transportation and Environmental Services shall advise prior to Servicing that sufficient water supplies and wastewater treatmen for this plan, or the portion of the plan to be registered; 4b. That the owner include the following statement in all agreement and sale that may be entered into pursuant to Section 52 of the registration of this plan: purchase and sale are not yet registered as a plan of subdivisio conditions of draft plan approval, including the commitment of w treatment services thereto by the Region and other authorities, completed to permit registration of the plan. Accordingly, the that the vendor is making no representation or warranty that the which are the subject of this agreement or lease or purchase and conditions of draft plan approval satisfied, including the avail 5. a) That prior to final approval, the Owner submit for review and approval a detailed functional servicing report for the entire plan, with such repor for pressure reducing valves; to the satisfaction of the Regiona Planning, Housing and Community Services; b) That prior to final approval, the Owner agrees to submit for re engineering drawings which include the Kitchener Zone 4 750mm tr watermain within the the hydro-corridor easement and a section o the satisfaction of the Regional Commissioner of Planning, Housi Community Services; c) That no construction or other activity be undertaken within t One easement until such time as the easement in d) below has bee the Region; d) That prior to final approval, the Owner agrees to grant, at no an easement in favour of the Regional Municipality of Waterloo f trunk watermain (with such easement to be located within the exi easement). 3 - 16 6. Where pressure reducing valves are required in Condition No. 4a must enter into an agreement with the City of Kitchener to provi and to include in all offers to purchase and/or rental agreement presence of such water pressure reduction device and advising th removed by the owner/occupant. 7. a) That prior to final approval, the boundary of the Williamsburg Environmental Feature within the subject lands be interpreted as Scoped EIS, General Vegetation Overview and Detailed Vegetation Plan, Proposed Williamsburg South Development, South (Howes-Jones & Associates Inc., December 2012) after having been verified in the field by a sub-committee of the Ecological Advisory Committee on August 8, 2013. b) That a minimum 10-metre no-touch buffer be established adjacent Williamsburg Woods Core Environmental Feature Block 286. c) That the Core Environmental Feature and associated buffers on lands be placed in a suitable conservation open space zone. d) That prior to any clearing of vegetation on the site during the season (May 1st July 31st) and/or final approval of the plan, the Owner enter into an agreement with the Regional Municipality of Waterloo tha vegetation on the site occur during the bird breeding season (Ma July 31st) in compliance with the Migratory Birds Convention Act unless it can be ascertained by a qualified expert that no birds covered by the A be breeding in or adjacent to the affected area; e) That prior to final approval, the Owner install permanent fenci common boundary of any lots or blocks and the buffers of the Cor Environmental Feature and/or the stormwater management area (Lot with signage identifying the Williamsburg Woods Environmental Se Area / Core Environmental Feature, and that the fence be install centimetres within Block 289 to the satisfaction of the City of Region of Waterloo. f) That prior to final approval, the Owner consult with the City o respect to the potential removal of fencing along their common p boundary (Williamsburg Cemetery) in order to enhance wildlife li the landscape. g) That prior to final approval, and any land clearing, grading, o services, the Owner submit a detailed erosion and sediment contr acceptable to the City of Kitchener, Grand River Conservation Au Region in order to prevent sedimentation into the Core Environme h) That prior to final approval, the Owner submit landscaping and all buffer areas contiguous to Core Environmental Features (Bloc 290), and for the stormwater management area (Block 289), and th recommended plantings consist of locally-appropriate, self-susta vegetation to the satisfaction of the City of Kitchener and the 3 - 17 i) That prior to final approval, the Owner submit a detailed monit Core Environmental Feature and stormwater management facility on Scoped EIS, General Vegetation Overview and Detailed Vegetation Plan, Proposed Williamsburg South Development, South (Howes-Jones & Associates Inc., December 2012) and subsequent response from Howes-Jones & Associates Inc. dated November 5, 20 satisfaction of the City of Kitchener and the Region. j) That prior to final approval, the Owner develop a brochure and tools for new home purchasers which provides information about t heritage features contiguous to the subdivision along with advic can be good neighbours and stewards of these areas, and that the to the satisfaction of the City of Kitchener, Ministry of Natura Region. k) That prior to final approval, the Owner enter into an agreemel Municipality of Waterloo to distribute natural heritage features information tools to new home purchasers required in j) above. l) That prior to final approval of Block 286, the Owner remove any from the Environmental Sensitive Policy Area / Core Environmenta satisfaction of the City of Kitchener and the Region; m) That prior to final approval of Block 288 and Block 289, that t design of the proposed trail be to the satisfaction of the City Grand River Conservation Authority, the Ministry of Natural Reso Region. 8. That prior to final approval, the Owner enter into an agreement Municipality of Waterloo to distribute source water protection a management information with all offers to purchase and/or rental satisfaction of the Regional Commissioner of Planning, Housing a Services. 9. That prior to final approval, the Owner decommissions any monit (not used for long term monitoring) on the property in accordanc to any grading on the property; and furthermore, that the owner with the City of Kitchener to decommission any long term monitor used for such purposes, all to the satisfaction of the Regional Housing and Community Services. 10. That prior to final approval of all or any part of this plan of submits an interim and/or final lot grading and drainage plan as the Region, for review and approval by the Regional Commissionerg and Community Services. The lot grading and drainage plan must Furthermore, the Owner enter into an agreement with the Regional Municipa Waterloo to secure completion and implementation of the above re 3 - 18 11. That prior to final approval of all or any part of this plan of submits an interim and/or final stormwater management report as deemed necessary the Region, for review and approval by the Regional Commissioner and Community Services. The interim and/or final stormwater management report must: a) establish water quantity trigger levels and/or infiltration ben a strategy for mitigating impacts in the event there is a shortf infiltration targets, consistent with the Water Management Strat Rosenberg Secondary Plan; b) identify the design and location of infiltration facilities; an c) Furthermore, the Owner enter into an agreement with the Regiona Waterloo to secure completion and implementation of the above st management requirements. 12. That prior to final approval, or prior to commencement of any c the Bleams Road (Regional Road 56) right-of-way, the Owner enter into an agreement with the Regional Municipality of Waterloo to obtain a Municipal Permit from the Region for such works. 13. That prior to final approval, the Owner submits a boulevard res Road, to the satisfaction of the Regional Commissioner of Planni Community Services. 14. That prior to final approval of all or any part of this plan of into an agreement with the Regional Municipality of Waterloo to standard illumination requirements along Bleams Road (Regional R 15. That the Owner obtains a Regional Road Access Permit for the in with Bleams Road (Regional Road 56). 16. That the Owner upon written request by the Region, or that the (whichever comes first), provide for any road widening dedicatio by the Region, to the satisfaction of the Regional Commissioner and Community Services. 17. That prior to final approval, the Owner enter into an agreement Municipality of Waterloo to provide sufficient certified funds f pads along Street B (Rosenberg Way) to provide Grand River Trans plan. 18. That prior to final approval, the Owner grants any easements as Regional Municipality of Waterloo, at no cost to the Region, for amenities noted in Condition 17 above. 3 - 19 19. That prior to final approval, the Owner enter into an agreement Municipality of Waterloo for the installation of a 1.5 metre hig side or rear lot properties fronting Bleams Road (Regional Road attenuation barrier is not required as determined in Condition 2 20. a) That prior to final approval of all or any part of this plan of completes a scoped transportation impact study to assess the impact of development on the road network due to staging of development, to the satisfaction of the Regional Commissioner of Planning, Housing a Services. b) That prior to final approval of all or any part of this plan of necessary by the Region, that the Region has the necessary physical and financial resources to provide for any interim road improvements in a) above due to staging of development, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. c) That prior to final approval of all or any part of this plan necessary by the Region, that the Region has the necessary physi financial resources to construct the roundabout at Fischer Hallm Bleams Road, and that the ultimate roundabout design be modified northbound right-turn by-pass lane and an extended effective fla eastbound approach, to the satisfaction of the Regional Commissi Planning, Housing and Community Services. 21. a) That prior to final approval, the Owner will provide a function estimate for a westbound left-turn lane with 40 metre storage le b) That prior to final approval, the Owner will provide a function estimate for a southbound left-turn lane with 50m storage on Tru Bleams Road. c) That prior to final approval, the Region has the necessary ph resources to construct all required road improvements in a) and d) That conditions a), b), and c) above all be fulfilled to the sa Regional Commissioner of Planning Housing and Community Services 22. a) That prior to final approval, the Owner complete a detailed noi determine noise attenuation requirements to the satisfaction of Commissioner of Planning, Housing and Community Services. Where appropriate, the lands shall be designed to avoid the use of out noise attenuation measures through appropriate site design and s Furthermore, the Owner shall enter into an agreement with the Ci and/or Regional Municipality of Waterloo as necessary, to provid implementation of the noise attenuation requirements recommended Study. b) That if required in a) above, any minimum setbacks to address n be included in the proposed zoning bylaw. 3 - 20 23. That prior to any grading or construction, and final approval o plan of subdivision, a consultant Archaeologist shall undertake Findspot 1 and providing confirmation that the portions of Finds subject to a Stage 3 investigation will be zoned to prohibit all archaeological assessment. A copy of the documentation that wil Ministry of Tourism, Culture and Sport must also be submitted th Commissioner of Planning, Housing and Community Services prior t the Plan. 4. OTHER AGENCY CONDITIONS: Grand River Conservation Authority 1. As per Policy 5.2.6 of the Rosenberg Secondary plan, prior to a the existing culvert at Fischer Hallman Road and Upper Strasburg replaced in accordance with the Strasburg Creek Flood Control En Assessment (Stantec). Construction is intended to coincide with to minimize disturbance to the creek. 2. Prior to any grading or construction on the site and prior to owners or their agents submit the following plans and reports to Grand River Conservation Authority. a) A detailed stormwater management report in accordance with the 2 Ministry of the Environment Report entitled "Stormwater Manageme Planning and Design Manual", the Alder Creek Watershed Study and Upper Strasburg Creek Subwatershed Study update, and in keeping Preliminary SWM report and addendums prepared by Stantec. b) A detailed Lot Grading, Servicing and Storm Drainage Plan. The Plan must illustrate the location of community trails. The Serv should incorporate the final Middle Strasburg sanitary sewer ali approved in the Class Environmental Assessment or approved modif c) An Erosion and Siltation Control Plan in accordance with the Conservation Authority's Guidelines for sediment and erosion con indicating the means whereby erosion will be minimized and silt on-site throughout all phases of grading and construction. d) The submission and approval of a Development, Interference with and Alterations to Shorelines and Watercourses permit from the G to any development within areas regulated under Ontario Regulati150/06. e) As per Policy 5.2.6 of the Rosenberg Secondary Plan, the existi Fischer Hallman Road and Upper Strasburg Creek be replaced in accordance with the Strasburg Creek Flood Control Environment As (Stantec). Construction is intended to coincide with other works minimize disturbance to the creek. f) Detailed water balance information showing how infiltration tar will be provided. 3 - 21 g) An erosion analysis and mitigation strategy for Strasburg Creek provided. A peer review may be requested, to be paid for by th h) A short term and long term monitoring and maintenance plan for infiltration facilities, on public and private lands, with acces City, will be provided. i) A monitoring plan to assess the performance of the cooling tren flow and water temperature, will be provided. j) A pre, during and post construction monitoring program and repo outlined in the Environmental Impact Study will be provided. R measures will be outlined the monitoring program and implemented needed. Waterloo Catholic District School Board 1. That the SUBDIVIDER satisfies or enters into an agreement with the following conditions to the satisfaction of the Waterloo Catholic District School Board, to: a. Grade the School Block 283 and in doing so compact, fill with clean material, replace any topsoil disturbed in the grading process and so/seed the lands to the specifications determined b the Board; b. Remove all trees and buildings on the School block as determine by the Board; c. Remove stockpiled topsoil within 30 days of written notice byhe Board, and in doing so compact, fill with clean material, replac any topsoil disturbed in the grading process and so/seed the lan to the specifications determined by the Board; d. Construct a 6 gage black vinyl chain link fence, 1.5 metres in height, along all boundaries of the School Block, with the exception of the road frontage, to the specifications e. Construct the fences prior to the issuance of building permits any lands abutting the School Block; and, f. Provide the forgoing at no cost to the Board. 2. That the SUBDIVIDER shall submit to the Waterloo Catholic Distri cost the Board, a report from a qualified consultant concerning: a. The suitability of Block 283 for school construction purposes, relating to soil bearing factors, surface drainage, topography a environmental contaminants; and, b. The availability of natural gas, hydro, water supply, storm sew and sanitary sewer services adequate for the construction of the elementary school. 3. That the SUBDIVIDER shall agree in an Agreement with the Waterloo Catholic District School Board, that the services referred to in Condition 2 (b) a 3 - 22 the mid-point of the frontage of the elementary school site, or determined by the Board, at no cost to the Board. 4. That prior to final approval, the SUBDIVIDER shall submit to the District School Board, for review and approval, a copy of the final engineering plans approved by the City of Kitchener which indicates that the storm drainage system and the overall grading plans for the complete subdivision area. 5. CLEARANCE CONDITIONS 1. Kitchener is to be advised by the Regional Commissioner of Plann Community Services that Conditions 3.1 to 3.23 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter f include a brief but complete statement detailing how each condit 2. shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 has been carried out satisfactorily. The clearance letter shall include a brief s condition has been satisfied. 3. shall be advised by the telecommunication companies (Bell, Roger and 2.2.7 have been carried out satisfactorily. The clearance l statement detailing how each condition has been satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Regional D By-law 09-024 are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ont amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to adv Waterloo and the City of Kitchener Planning and Development Depa changes in ownership, agent, address and phone number. Regional Fees 4. The owner/developer is advised that the Regional Municipality o By-Law 09-003, pursuant to Section 69 of the Planning Act, R.S.O. prescribe a tariff of fees for application, recirculation, draft approval and registration release of plans of 30T-12201. Identification of Applicable Planning Act 5. This draft plan was received on or after May 22, 1996 and shall disposed of under the Planning Act, R.S.O.1990, as amended by S.O.2006,c.23(Bill 51). 3 - 23 Unobstructed Access to Units 6. The owner/developer is responsible to ensure that each dwell access at grade or ground level, having a minimum width of 0.9 m yard to the rear yard of the lot either by: i. direct access on the lot without passing through any portion of unit; or, ii. direct access through the dwelling unit without passing through family room, dining room, kitchen, bathroom, bedroom, or recreat any hallway that is not separated by a door to any such room; or iii. access over adjacent lands which, if the lands are not owned by Kitchener or the Regional Municipality of Waterloo, are secured registered easement prior to final approval of the subdivision p Regional Servicing Agreement 7. The owner/developer is advised that draft approval is not a Municipality of Waterloo to water and wastewater servicing capac commitment the owner/developer must enter into an "Agreement for Regional Municipality of Waterloo by requesting that the Region' Department initiate preparation of the agreement. When sufficie by the Region's Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/d an "Agreement for Servicing". This agreement will be time limit define the servicing commitment by density and use. Should the "Agreement for Servic plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of W copies of the proposed plan to be registered along with the writ servicing agreement. Registration Release 8. To ensure that a Regional Release is issued by the RegionalCommissioner 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 pa conditions have been satisfied and the required clearance letter plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no 15th. Regional staff cannot 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 9.a) The Owner is advised that the lands, or a portion of the la of Waterloo International Airport Zoning Regulations issued unde Aeronautics Act. The purpose of the Regulations is two-fold: 1 adjacent to or in the vicinity of the Region of Waterloo Interna being used or developed in a manner that is incompatible with th airport or an aircraft; and 2) to prevent lands adjacent to or i to provide services relating to aeronautics from being used or d that would cause interference with signals or communications to and from those facilities. 3 - 24 of the restrictions under these Regulations which may include bu restrictions on buildings or structures, height of natural growt communications, and activities or uses that attract birds. 9.b) The Owner is advised that the lands, or a portion of the la Canadian Aviation Regulations Standard 621.19 issued under the f Act. This Standard allows aviation officials to assess individu buildings, structures or objects, to determine if they are likel navigation and consequently require marking and/or lighting in a Standards. Persons planning to erect an obstruction, namely a b object, including a moored balloon, either permanently or tempor Regional Manager, Aerodrome Safety (Ontario Region), Transport C 0248 as early as possible and provide the necessary information obstruction using the Aeronautical Obstruction Clearance Form (# Transport Canada. Final Plans 10. When the survey has been completed and the final plan prepared requirements of the Registry Act, they should be forwarded to th the plans comply with the terms of approval, and we have receive the Regional Municipality of Waterloo and applicable clearance a signature will be endorsed on the plan and it will be forwarded registration. The following is required for registration and under The Registr use: One original mylar Four Mylar copies Four Mylar copies BACKGROUND: The subject property is owned by South Estates G.P. Kitchener IN approval of a Plan of Subdivision, Official Plan Amendment and a Zone Change were submitted in 2008. The subject property has an area of 32.953 hectares and frontage to the north, designated Low Density Residential One, Low Density Residential Open Space and Natural Heritage Conservation. The subject proper Agricultural (A-1). The subject lands are vacant and are located within the Rosenberand can be characterized as predominantly cultivated agricultural land with and associated landscaping. It is located within the Upper Stras heritage features associated with this property include a woodla habitat for significant species and Species At Risk. 3 - 25 The wetland feature is a vernal pool (part of a 5-pond system) w of the subject property. It is considered part of the Upper Str Wetland (PSW) Complex. The woodland associated with this property is Willamsburg Woods fresh Sugar Maple-Beech deciduous forest, located in the souther as well as a portion along the western edge. Williamsburg Woods Regionally Significant Woodland, containing part of the Upper St Significant Wetland Complex, and is designated a Core Environmen Official Plan (ROP). The applications were originally submitted the south west urban area. At that time the applications were co area had been comprehensively planned. In February 2010, the Cit By-law, which was subsequently appealed, but which had the effect applications in abeyance while the City engaged in a community m this area. The City commenced a comprehensive community master plan process natural heritage inventory and analysis, a comprehensive storm w comprehensive servicing plan, a cultural heritage inventory, a m commercial analysis, a noise study, a comprehensive servicing st design and transit supportive land use planning. The Community M developed out of the south west urban area studies was approved and the City proceeded to develop Secondary Plan policies for th implement the Community Masterplan findings and recommendations. Secondary Plan was presented to Council in June of 2011 as Offic adopted by Council on August 15, 2011 and subsequently received th modifications on February 15, 2012. The Rosenberg Secondary Plan was subsequently appealed by all the land owners in the area resulting in 14 appe was able to resolve the issues surrounding the Secondary Plan ap reached. OPA 90 was finally approved by the Ontario Municipal B now in full force and effect. The subject lands are currently vacant but were actively farmed proposing to develop the lands with 433 residential units consisting of a mix of single detached, semi-detached, and street townhouse units. In addition, the lands will also have pa space, an elementary school within a 5 minute walk and a communi located on the adjacent plans. A change in zoning to Residential Six (R-6 Community Institutional Zone (I-2), Parks (P-1), Open Space (P-2), Hazard Lands (P-3) has been requested to implement the proposed subdivision. REPORT: Provincial and Regional Policy Conformity 2014 Provincial Policy Statement The Provincial Policy Statement (PPS) provides policy direction related to development and land use planning. The PPS promotes building liveable communities through the efficient development of lands and appropriate mix o densities. The PPS also directs planning authorities to protect features and our water resources. 3 - 26 The proposed draft Plan of Subdivision and Zone Change applicati to develop a transit oriented community that is walkable and mee objectives by accommodating a mix of housing types and densities one third of the plan for natural heritage / open space systems, resource. The lands have been comprehensively planned to manage groundwater infiltration thus ensuring the protection of our gro managing erosion on creeks and valley lands in the study area. T use of the land through intensive development and densities, thu required to service this area. The plan provides for a range of densities and is in close proximity to parks, open spaces, and a. For these reasons, the proposed draft Plan of Subdivision and Zone Change are consisten 2014 PPS as this forms a complete community. 2006 Growth Plan for the Greater Golden Horseshoe The Growth Plan for the Greater Golden Horseshoe (Growth Plan) p growth, infrastructure and resource protection. The Growth Plan promotes transit-supportive densities; encourages a mix of uses, housing types; calls for building compact, vibrant and complete use of existing infrastructure. The subject lands are located in a designated Greenfield area as The Growth Plan indicates that designated Greenfield areas will minimum density target that is not less than 50 residents and jo will be measured over the entire designated Greenfield area of t draft Plan of Subdivision plans to achieve a minimum of 70- 75 people and jobs per hectare. The proposed draft Plan of Subdivision and Zone Change applicatia complete community that accommodates a mix housing types and densities, i proximity to parks, open spaces, school, community centre and li provides for mixed use along the Fischer Hallman Corridor as wel therefore, provides opportunities for residents to acquire servi complete neighbourhood. For these reasons, the proposed draft Plan of Subdivision and Zo Change are consistent with the Growth Plan. Regional Official Policies Plan and Regional Official Plan The subject lands are designated City Urban Area in the Regional The ROPP aims to achieve a sustainable regional community. The R direction on a range of issues, including: land use, servicing, investment, economics, natural and cultural resources. These pol of complete communities with development patterns and densities and transit. The subject lands are also designated Urban Designated Greenfiel Official Plan (ROP) approved in June 2009 but currently under ap Board. The ROP provides policy direction on managing growth. The creation of compact, vibrant and complete communities that are w mix of employment, housing, shopping and service needs. The ROP density of 55 people and jobs per hectare measured over the enti proposed development plans to achieve a minimum of 70-75 people and jobs per hectare. 3 - 27 The proposed draft Plan of Subdivision and Zone Change applicati goals and objectives of the Rosenberg Secondary plan concerning the provision of a variety of housing options. The proposal make maximizes users of infrastructure, provides for a range of resid appropriate densities and is in close proximity to parks, open s school. For these reasons, the proposed draft Plan of Subdivision and Zo consistent with the ROPP and ROP. Municipal Policy Considerations City of Kitchener Official Plan (Rosenberg Secondary Plan) The proposed Subdivision generally conforms to the existing prinhe City of Kitchener Official Plan. The Rosenberg Secondary Plan i Node and Corridor model, which is the direction provided in the to achieve increased transit ridership. Many of the objectives a of the Official Plan have helped guide the planning of this area Plan was prepared with the knowledge that the City is preparing possible and appropriate, objectives and policies in the Seconda those policies and direction of the New Official Plan. The subject lands are designated Low Density Residential One, Lo Medium Density Residential One, Medium Density Residential Two, Mixed Use One, Neighbourhood Park, Open Space and Natural Herita Rosenberg Secondary Plan. The proposed development plans to achi70-75 people and jobs per hectare. The Rosenberg Secondary Plan intended for this community to be a people are able to walk or cycle to school, shop, and potentiall within the Rosenberg community including the Williamsburg South r Hallman Road will function as the spine of the community and will evolve use corridor. Residents within Rosenberg will have a variety of commercial, recreation and socio-cultural options. The design of level of natural and cultural heritage conservation together wit management and energy conservation. Approximately a third of the space systems, trail or natural heritage areas. Proposed Official Plan Amendment As part of the planning process, the community amenities such as Rosenberg Secondary Plan in order implement the concept of compl walkable destinations such as parks in each neighbourhood within park was identified in the same area on this p Operations Division it was desirable to have a larger park site increase the size of the proposed park an Official Plan Amendmen designation from Low Density Residential One to Neighbourhood Park. The applicant has submitted an Official Plan Amendment applicati use change. City staff is supportive of the proposed increased p 3 - 28 within a 5 to 10 minute walk from all points within the plan of forming a larger campus with the proposed catholic school site w centre site located on the adjacent lands to the east within the The concentration of these community amenities central to this p creates a community focal point within a five to ten minute walk objectives of the Rosenberg Secondary Plan. The proposed amendme The proposed plan of subdivision is generally consistent with th Rosenberg Secondary Plan. City of Kitchener Growth Management Plan The Kitchener Growth Management Plan (KGMP) helps to ensure that effectively and that the City achieves the required density and accomplishing the desired built form and function which will enh Management Plan is based on the principle that maximizing the us preferred and that planning for and implementing intensification The proposed draft Plan of Subdivision and Zone Change applicati well as new infrastructure and provide for a density and range o well as mixed uses that are compatible with the goals and object Secondary Plan. The timing of these applications has occurred af comprehensively planned. For these reasons, the proposed draft P Change comply with the KGMP. Proposed Zone Change The applicant is proposing to rezone the subject lands from Agri Six (R-6), Neighbourhood Institutional (I-1), Public Park (P-1), Open Lands (P-3). The proposed Zone Change application is in keeping with the gene Secondary Plan, Regional Official Policies Plan, and Growth Plan Horseshoe, and is consistent with the Provincial Policy Statemen supply and residential intensification by providing a range of h close proximity to parks, open spaces and a school. These amenities are all located within a 5 minute walk of their respective neighbourhood. The zoning will i mixed use and transit supportive function of the Fischer Hallman portion of the plan at Rosenberg Way and Fischer Hallman Road. The zoning will also protect those significant natural heritage features from development suc habitat for threatened or endangered species under the Endangere Staff recommends that the proposed Zone Change attached to AppenC of this report be approved by Council. Proposed Draft Plan of Subdivision Subdivision Design The proposed plan of subdivision includes a combination of resid single detached dwellings, semi-detached dwellings, street townh and maximum dwelling count creates a density range of approximat hectare which exceeds the target of 55 persons and jobs per hect. 3 - 29 The proposed draft Plan of Subdivision and Zone Change applicati community that is walkable and transit oriented. The main fronta Bleams Road. The densities within the subject plan decrease to Low Density Re medium and high densities and mixed use proposed on the adjacent transition to lower densities as one travels from Fischer Hallma was intentional as this provides a mix of housing types and densities within the community. The plan also has a separate elementary school and is within a 5 min community centre and library proposed along Rosenberg Way in the 30T-09201. This site is central to the plan and is a key feature for the block forms a campus with the community centre on the adjacent P and is within a 5 minute walk of the main street area of the adj transected by a hydro corridor which will provide for a linear c connection. There is a park and one parkette proposed. In additi hydro corridor that will connect this community to the Huron Nat Fischer Hallman Road and will join up with trails in the William the connection of the linear park in the adjacent plan to the ea. Lot sizes and housing types will be regulated by the proposed zo efficient use of the land and infrastructure, provides for a ran provides appropriate densities and is in close proximity to park. For these reasons, the proposed draft Plan of Subdivision and Zo the Rosenberg Secondary Plan. Stormwater Management/Infiltration The property was included in the comprehensive stormwater manage Rosenberg Community that was prepared by AMEC for the City as pa Masterplan Process in 2010-11. A complete system of storm water infiltration ponds were strategically located within the Rosenbe that highest level of infiltration could occur in areas most con keeping with the objective of the Alder Creek Watershed Study Up Subwatershed Plan update. In addition to the system wide infilt water management ponds, individual infiltration galleries will b through draft plan approval conditions. The landowners are required to demonstrate that no negative eros Creek will result from the development through their detailed de management facilities which will be approved by City staff prior plan, whichever comes first. Sanitary/Water Servicing All lots will be serviced with municipal sanitary sewers and wat standards. The existing Middle Strasburg Sanitary Trunk Sewer has east side of Fischer Hallman Road to service these lands through the east known as 30T-0920. Watermains on Fischer Hallman Road have sufficient capacity to service most of the property. A small area at the northeast corner of the subject lands near Bleams Road will require pressure reducing valves due to high wa will be implemented through conditions of draft Plan of Subdivision a be extended to provide both potable water and firefighting servi 3 - 30 Noise A noise barrier has been identified for the portion of the plan The Rosenberg plan discourages the use of noise barrier walls an along priority streets. As a result, a condition has been placed addendum to the noise study to consider alternative mitigation measures that encourage a design solution and negates the need for noise walls for the lot Bleams Road Frontage. Noise attenuation can be achieved through and orientation of buildings on site as well as the use of berms materials. Environmental Setbacks Policy 4.2.1.2 i) a) b) of the Rosenberg Secondary Plan requires buffer (development setback limits) from both Core and Non-Core alder Creek Watershed Study and Upper Strasburg Creek Subwatersh (CH2MHILL,2008). The policy provides some flexibility in applyi buffer where appropriate and as demonstrated through an EIS. Thi to the entire Core or Non-Core natural system and is not specifi system which may include any combination of the following: wetla risk, waterways or all of the above. Policy 5.4.2 of the Rosenb that site alteration will not be permitted in lands designated a, with exceptions made for portions of Storm Water Management Faci necessary public infrastructure such as a sanitary trunk sewer a Environmental Assessment and trails and associated grading. In t intrusion into the minimum buffer can be considered subject to a satisfaction of the City, Region of Waterloo and the Grand River justifies the location of this storm water management within the including confirmation that there would be a 10 metre no touch zone from the core environmental feature, a 15-20 metre setback from the permanent storm water management facility and that all roads, lots and hom 30 metres from the Core Natural Area, staff is satisfied with th support the plan showing the SWM pond within the buffer area bas policy language above and that there are no negative impacts on anticipated. The 10 metres minimum no touch buffer is consistent with the Regional Official Plan. Staff supports the overall location of the SWM pond as a habitat to the rear yards of the residences along Street Two. T greater portion of the natural area from having residential lots sensitive environmental feature. SAR The subject lands contain habitat for a known species at risk. a Natural Heritage Conservation for the portion of the plan cont shown as Blocks 286, 288, and 290. No development will be permit The Permit if required under the ESR Act will outline any mitiga taken to protect the species at risk from any impacts of develop approved, is approved by the Ministry of Natural Resources under applicant is not proposing to disturb the lands within protected a permit. 3 - 31 Agency Comments Any requirements have been addressed or are included as conditio Subdivision Community Input In response to the preliminary circulation of the applications, responses. The comments included concern over noise generated by increased population in an area with insufficient amenities and need for a senior public school, the request for a second access onto Bleams Road and the purpose of showing the road onto adjace In response to these concerns, staff has the following responses plan of subdivision noise studies and traffic studies were requi area that is related to traffic along Bleams Road and whether a lands to the north on the other side of Bleams Road, which is a application. Recommendations about noise were made by the noise these will be implemented at the site plan stage. This community is being planned as a complete community with amenities such as a community centre, li grade 8 school. With respect to the provision of a second access adjacent lands to the west, these lands are not part of this app Waterloo has control over access onto Bleams Road. Public commen A third letter was received by an adjacent landowner/developer with concerns and/q over grades, servicing and details of the overall subdivision de incorporated into draft plan conditions where appropriate and Pl has had and continues to have ongoing discussions with the appli . landowner and his consultant team to resolve the broader conside ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed draft Plan of Subdivision and Zone Change applications will allow for the intensification of the property by providing a range of housing types at an overall low intensity of use in close proximity to parks, open spaces and a school. This aligns with the Kitchener Strategic Plan as it ensures the implementation of the community priority - . FINANCIAL IMPLICATIONS: Upon registration, there will be ongoing operational costs for t, street trees and underground services. In the long term, there w costs for the street, sidewalks and services. COMMUNITY ENGAGEMENT: ions of the City of Kitchener Community Engagement Strategy. The prop Subdivision and Zone Change applications were circulated to City th commenting agencies and property owners within 120 metres of theon May 27, 2009 and recirculated on May 2, 2013. Notice signs were placed on th of the applications. In response to the circulation of the draftand Zone Change applications staff received two written responses from area residences. Notice of the Public Meeting will be advertised in The Record on May 30, 2014. 3 - 32 CONCLUSION: The issues identified through the preliminary circulation have b draft Plan of Subdivision approval, as necessary, or as special zoning. The draft Plan of Subdivision represents proper and orde considers the criteria identified in Section 51(24) of the Plann This plan meets density requirements as set out in the City, Reg and incorporates urban design principles. The zoning is compatib neighbourhood. Based on the foregoing, the draft Plan of Subdivision and Zone C considered appropriate. Staff consider this good planning and re Subdivision 30T-08206, and Zone Change application ZC08/35/B/JVW be approved by Council and further that Official Plan Amendment OP/14/05/B/JVW be adopt forwarded to the Region of Waterloo for approval. Reviewed By: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Attachments Draft Plan of Subdivision Proposed Official Plan Amendment and Schedule A Proposed Zoning By-law and Map 1 D EPublic Comments F Newspaper Advertisement 3 - 33 CSD-14-051 - Appendix A 3 - 34 CSD-14-051 - Appendix B AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER South Estates (Kitchener) 1531 Bleams Road 3 - 35 CSD-14-051 - Appendix B 3 - 36 CSD-14-051 - Appendix B AMENDMENT NO.TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER South Estates INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT AMENDMENT TO MAP 22 E OF THE OFFICIAL PLAN ROSENBERG SECONDARY PLAN LAND USE PLAN APPENDICES APPENDIX 1 Agency, Department and Neighbourhood Comments rd APPENDIX 2 Notice of the June 23, 2014 Public Meeting of Planning and Strategic Initiatives Committee rd APPENDIX 3 Minutes of June 23, 2014 Public Meeting of Planning and Strategic Initiatives Committee th APPENDIX 4 Minutes of Council June 30, 2014. 3 - 37 CSD-14-051 - Appendix B AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. to the O Kitchener. This amendment is comprised of Sections 1 to 4 inclu . SECTION 2 PURPOSE OF THE AMENDMENT The purpose of this Official Plan Amendment No. is to make map changes to Map 22e- Rosenberg Secondary Plan-Land Use to change the designation of t Density Residential One and Low Density Residential Two to Neig SECTION 3 BASIS OF THE AMENDMENT The study area is located in the Rosenberg Planning community. The area was comprehensively planned through the South West Urban Area master and the Rosenberg Secondary Planning process. The Rosenberg Secondary Plan intended for the community to be a community where people are able to walk or cycle to school, shop work. Each neighbourhood within the Rosenberg community includi to the surrounding area. Fischer Hallman Road is intended to fun the community and will evolve into a transit supportive mixed us within Rosenberg will have a variety of housing, transportation, and socio-cultural options. The design of the community reflects and cultural heritage conservation together with best practices and energy conservation. Approximately a third of the plan will systems, trail or natural heritage areas. As part of the planning process, the community amenities such as designated in the Rosenberg Secondary Plan in order implement th complete communities with walkable destinations such as parks in within the plan. A smaller sized park was identified in the sam have a larger park site in this neighbourhood. In order to incre proposed park an Official Plan Amendment is required to change t Low Density Residential One to Neighbourhood Park. 3 - 38 CSD-14-051 - Appendix B The applicant has submitted an Official Plan Amendment applicati this land use change. City staff is supportive of the proposed i continues to be within a 5 to 10 minute walk from all points wit and it will assist in forming a larger campus with the proposed within this plan and community centre site located on the adjace within the Big Springs Plan 30T-09201. The concentration of the amenities central to this plan was a desired goal as it creates within a five to ten minute walk which was one of the main objec Secondary Plan. Based on the foregoing, the Planning Staff of the Community Serv recommends that Official Plan Amendment Application OPA 14/05/B/JVW be approved. SECTION 4 THE AMENDMENT 1. The City of Kitchener Official Plan is hereby amended as follows: a) Amend Map 22e Rosenberg Secondary Plan-Land Use is amended to as shown on the attached 3 - 39 CSD-14-051 - Appendix B 3 - 40 CSD-14-051 - Appendix B 3 - 41 CSD-14-051 - Appendix C PROPOSED BY-LAW BY-LAW NO. _____ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Zoning By-law No. 85-1, as amended, known as the Zoning By-law of the City of Kitchener (South Estates Kitchener GP Inc. and South Estates (Kitchener) Limited Partnership) 1531 Bleams Road) WHEREASit is deemed expedient to amend Zoning By-law 85-1 for the lands above; NOW THEREFORE the Council of The Corporation of the City of Kitc follows: 1. Schedule Numbers 63, 64, 94 and 95 -law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel o illustrated as Area 1 on Map No. 1, attached hereto, from Agricu Residential Four Zone (R-4). 2. Schedule Numbers 63, 64, 94 and 95 -law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel o illustrated as Area 2 on Map No. 1, attached hereto, from Agricu Residential Six Zone (R-6) . 3. Schedule Numbers 63 and 64 -law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land as Area 3 on Map No. 1, attached hereto, from Agricultural Zone 1) to Neighbourhood Institutional Zone One (I-1) with Special Regulation Provision 605R . 4. Schedule Number -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified a Map No. 1, attached hereto, from Agricultural Zone (A-1) to Public Park Zone (P-1). 3 - 42 CSD-14-051 - Appendix C 5. -law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified a Map No. 1, attached hereto, from Agricultural Zone (A-1) to Open Space Zone (P-2). 6. -law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified aon Map No. 1, attached hereto, from Agricultural Zone (A-1) to Hazard Land Zone (P-3). 7. By-law 85-1 are hereby further amended by incorporating additional zone boundaries as shown on hereto. 8. Appendix D to By-law 85-1 is hereby amended by adding Section 605R thereto Notwithstanding Section 31.1 of this by-law, within the lands zo 605R. Schedule Numbers 63 and 64 of Appendix 'A', the following uses shall not be permitted: dwelling unit, duplex dwelling, semi-detached dwelling single detached dwelling PASSED at the Council Chambers in the City of Kitchener this day of 2014. _____________________________ Mayor _____________________________ Clerk 3 - 43 CSD-14-051 - Appendix C 3 - 44 CSD-14-051 - Appendix D 3 - 45 CSD-14-051 - Appendix D 3 - 46 CSD-14-051 - Appendix D 3 - 47 CSD-14-051 - Appendix D 3 - 48 CSD-14-051 - Appendix D 3 - 49 CSD-14-051 - Appendix D 3 - 50 CSD-14-051 - Appendix D 3 - 51 CSD-14-051 - Appendix D 3 - 52 CSD-14-051 - Appendix D 3 - 53 CSD-14-051 - Appendix D 3 - 54 CSD-14-051 - Appendix D 3 - 55 CSD-14-051 - Appendix D 3 - 56 CSD-14-051 - Appendix D 3 - 57 CSD-14-051 - Appendix D 3 - 58 CSD-14-051 - Appendix D 3 - 59 CSD-14-051 - Appendix D 3 - 60 CSD-14-051 - Appendix D 3 - 61 CSD-14-051 - Appendix D 3 - 62 CSD-14-051 - Appendix D 3 - 63 CSD-14-051 - Appendix D 3 - 64 CSD-14-051 - Appendix D 3 - 65 CSD-14-051 - Appendix D 3 - 66 CSD-14-051 - Appendix D 3 - 67 CSD-14-051 - Appendix D 3 - 68 CSD-14-051 - Appendix D 3 - 69 CSD-14-051 - Appendix D 3 - 70 CSD-14-051 - Appendix D 3 - 71 CSD-14-051 - Appendix D 3 - 72 CSD-14-051 - Appendix D 3 - 73 CSD-14-051 - Appendix D 3 - 74 CSD-14-051 - Appendix D 3 - 75 CSD-14-051 - Appendix D 3 - 76 CSD-14-051 - Appendix D 3 - 77 CSD-14-051 - Appendix D 3 - 78 CSD-14-051 - Appendix D 3 - 79 CSD-14-051 - Appendix D 3 - 80 CSD-14-051 - Appendix D 3 - 81 CSD-14-051 - Appendix D 3 - 82 CSD-14-051 - Appendix D 3 - 83 CSD-14-051 - Appendix D 3 - 84 CSD-14-051 - Appendix E 3 - 85 CSD-14-051 - Appendix E 3 - 86 CSD-14-051 - Appendix E 3 - 87 CSD-14-051 - Appendix E 3 - 88 CSD-14-051 - Appendix E 3 - 89 CSD-14-051 - Appendix E 3 - 90 CSD-14-051 - Appendix E 3 - 91 CSD-14-051 - Appendix F th Advertised in The Record May 30 , 2014 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER OFFICIAL PLAN, ZONING BY-LA AND A DRAFT APPROVED PLAN OF SUBDIVISION UNDER THE APPLICABLE SECTIONS17, 34 AND 51 OF THE PLANNING ACT 1531 Bleams Road The City of Kitchener has received applications for a zone chang for the subject lands. The lands are being rezoned from Agricul Residential Six Zone (R-6), Public Park Zone (P-1), Open Space Z3). This will permit a residential subdivision consisting of single detached, will be supported by a school, public parks, and an open trail s Planning and Strategic Initiatives Committee , a Committee of Council which deals with planning matters on: rd MONDAY, June 23 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or If a person or public body does not make oral submissions at this public opposition to, the above noted proposal. meeting or make a written submission prior to approval/refusal of this proposal(s), the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewin agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the th appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Juliane vonWesterholt , Senior Planner, 519-741-2200 ex.7157 ((TTY: 1-866-969-9994), juliane.vonwesterholt@kitchener.ca 3 - 92