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HomeMy WebLinkAboutCSD-14-052 - Draft Plan of Subdivision-30T-09201 - Zone Change Application-ZC09/04/F/JVW - Williamsburg South Neighbourhood REPORT TO: Planning & Strategic Initiatives Committee rd 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 th DATE OF REPORT: June 4, 2014 REPORT NO.: CSD-14-052 SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-09201 ZONE CHANGE APPLICATION ZC 09/04/F/JVW WILLIAMSBURG SOUTH NEIGHBOURHOOD OWNER: BIG SPRINGS FARMS LIMITED EXECUTIVE SUMMARY: Big Spring Farms Limited is seeking approval of a Plan of Subdiv allow the subject lands to be developed with a wide range of res detached dwellings, semi-detached dwellings, townhouses, multipl rise dwelling units. In addition, the subject lands will be supported by a community a library, a school on the adjacent plan to the west, public parks, open space and mixed use development. Staff supports the proposed Plan of Subdivision and subject to the conditions outlined in this report. 4 - 1 RECOMMENDATION: A.That Zone Change Application ZC/09/04/F/JVW (Big Springs Farms Limited) requesting a change in zoning from Agricultural Zone (A-1) to Residential Six Zone(R-6), Residential Eight Zone (R-8), Residential Nine Zone (R-9), Mixed Use One Zone,Community Institutional Zone (I-2),Public Park Zone (P-1), Open Space Zone(P-2), Hazard Lands (P-3) By-June4, 2014 attached to Community Services Department Report CSD-14-052 as Appendix B; B. 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-09201, in the City of Kitchener, for Big Springs Farms Limited, subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T-09201 for Limited as shown on the attached Plan of Subdivision prepared by dated June 4, 2014, which shows the following: Blocks 1-5 - Residential (Single Detached) 247 units Blocks 6-12 - Residential (Multiple) 1046 units Blocks 13-14 - Mixed Use Block 15 - Park (Community Centre) Blocks 16-23 - Park (Urban Green) Blocks 24-30 - Open Space Blocks 31-32 - Storm Water Management Block 33 - Agriculture Blocks 35-39 - 0.3 m Reserves Total 1293 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 SUBDIVIDER agrees to submit a Detailed Vegetation Plan and to ob Cultural Heritage Coordinator. b) The Core Environmental Feature limits should be confirmed throuy concurrent with the design and development of these southern stages of the time of the Detailed Vegetation Plan to the satisfaction of the . c) The SUBDIVIDER shall provide a digital copy of the approved Deta Planning. 4 - 2 d) The SUBDIVIDER shall implement all approved measures for the pro isolated trees, tree clusters and woodlands as approved in the D (where applicable) and Environmental C in consultation with the that all protection measures have been 2.13 The SUBDIVIDER agrees t- Authority and the Regio- program will document current groundwater infiltration condition 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, Storm Water Management AMEC (June 22, 2011 as revised July 18, 2011) and that Chloride meet the Reasonable Use Criteria of the Alder Creek Watershed an satisfaction of the CIT and the Regional Municipality of Waterloo. 2.14 Storm Water Management Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 201 Creek Watershed and Upper Strasburg Creek Subwatershed Update CH report as approved. of Engineering Services in consultation with the Grand River Conservation Autho ensure that the stormwater management facility continues to sati development conditions for infiltration and to identify any spec that may be necessary to monitor, including but not limited to i and quality, chloride extend for 2 years after 90 % Director of Engineering Services in consultation with the GRCA a 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 4 - 3 ng Services in consultation with the GRCA and the Regional Municipality of Wate 2.15 The SUBDIVIDER agrees that the Middle Strasburg Creek Flood Control 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 Gra Authority. The City is 100% responsible for the cost of these works. If su 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 provi 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 exp 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 The SUBDIVIDER agrees that prior to area grading, servicing shall occur first, the SUBDIVIDER agrees that the Henhoeffer Heritage House located on Block 10 be designated under Part IV of the Ontario Heritage further agrees to prepare a cost which describes the Henhoeffer Heritage House in order to f and register the designating by-law on title of the lands. 2.17 Prior to area grading, servicing or registration, whichever SUBDIVIDER agrees to submit for review and approval a Conservati Henhoeffer Heritage House on Block 10 Terms of Reference for Conservation Plans 2.18 Prior to area grading, servicing or registration, whichever sha SUBDIVIDER agrees to provide the CITY with a Letter of Credit or form and content sa 4 - 4 term conservation works identified in the approved Conservation Heritage House on Block 10 Should the short term conservation works not be completed in acc approved Conservation Plan, the CITY, its employees, agents or c conservation works to the extent of the monies received under th Letter of Credit will be released when the short term conservati completed and certified by a Heritage Consultant to the satisfac Planning. 2.19 Prior to area grading or servicing, whichever shall occur first to install a construction/silt fence around the perimeter of Henon Block 10 nt maintain the integrity of the construction/silt fence throughout 2.20 Prior to area grading or servicing, whichever shall occur fir means and methods that shall be used to minimize vibration durin construction and servicing. Should cracks develop in the masonry construction or servicing, the SUBDIVIDER agrees to stop work in Henhoeffer Heritage House on Block 10 and notify the Engineer, H and City so t of Planning. The SUBDIVIDER further agrees to submit written doc servicing have read and agree to implement the recommendations o 2.21 Prior to area grading or servicing, whichever shall occur f the following as a means of protecting the Henhoeffer Heritage H, Block 10, that no grading shall be undertaken until a Grading Control P SUBDIVIDER further agrees to show detailed grades within 25 metr perimeter of the Henhoeffer Heritage House on the grading contro 2.22 Prior to area grading or servicing, whichever shall occur f submit a final Grading Control Plan for the Henhoeffer Heritage on Block 10 that lands Director of Engineering. The SUBDIVIDER further agrees to ensure Heritage House is not substantially lower or higher than the surod and that slopes greater than 3:1 and retaining walls will not be 2.23 The SUBDIVIDER agrees to protect and conserve the Henhoeff Block 10 through the following means: 1) To keep the Henhoeffer Heritage House occupied for as long as p commencement of site/construction work to prevent vandalism and 4 - 5 2) To maintain the Henhoeffer Heritage House in good and sound con times prior to and during development of the property; and, 3) Should the Henhoeffer Heritage House become vacant, to undertak following: i) Secure and protect the Henhoeffer Heritage House from damage through procedures outlined in Article 34 (Vacant Heritage Municipal Code; ii) indicating that the Henhoeffer Heritage House is to be conserved on site and should not be vandalized and/or scavenged; and, iii) Install an 8 foot fence around the perimeter of the Henhoeffer Heritage House to protect the building until the completion of construction in the subdivision or the commencement of long-term Heritage Consultant. 2.24 The SUBDIVIDER agrees to conduct and submit a Pre-construct Henhoeffer Heritage House on Block 10 and 1385 Bleams Road (prov property is obtained) by a qualified structural engineer prior t whichever comes first, and a Post Construction Inspection of the House and 1385 Bleams Road once grading, servicing and construct vibration during grading, servicing or construction, the SUBDIVI stop work in the vicinity of the Henhoeffer Heritage House or 13 notify the Engineer, Heritage Consultant, and City and correct t Planning. 2.25 The SUBDIVIDER agrees that the Erosion Assessment of Strasburg Creek, as set out in the Stormwater Management Strategy prepared for the South West U by AMEC (dated June 22, 2011 and revised July 18, 2011) shall be Director of Engineering Services in consultation with the Regional Municipality of Waterloo and the Grand River Conservati 2.26 The SUBDIVIDER acknowledges that the Conceptual Grading Pla adequate clearance from the seasonally high groundwater table, i portion of the groundwater exists in a perched system. If demons satisfaction of the GRCA and the MNR that the perched groundwate ecological/environmental function, the grading plan may be subje satisfaction of the Director of Engineering Services in consulta the MNR. 2.27 The SUBDIVIDER agrees to coordinate the location of the Mul Block 15 in a manner that is consistent with the recommendations recreated laneway and pedestrian path with tree plantings in the Assessment prepared by Carson Woods Architects Limited (March 20 November 2013 to the satisfaction of the Director of Operations 4 - 6 2.28 The SUBDIVIDER agrees that prior to any site alteration, area g registration of any stage within this plan, the SUBDIVIDER shall permits and approvals from the Ministry of Natural Resources (MN at Risk identified on or contiguous to the subject lands in comp 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 Resources. Mitigation measures that are to become the of Operations and the Director of Planning. 2.29 The SUBDIVIDER agrees that a Stewardship Management Plan should be d submitted and approved prior to registration, pre-grading or pre first) to the satisfaction of the Director of Planning in consul Administrative Officer of Infrastructure Services (formerly Park The Stewardship Management Plan shall be in compliance with the Study (NRSI, January 2013 and Addendum, April 2013), the Respons April 10, 2014) and incorporate any requirements of the Ministry 2.30 The SUBDIVIDER agrees that during- and post-construction environment plans be developed, submitted and approved as part of the Detail Stormwater Management Engineering design. The monitoring plans s parameters outlined in the Response Document (NRSI, April 10, 20 requirements of the Ministry of Natural Resources (MNR). Monitor approved prior to registration, pre-grading or pre-servicing (wh be to the satisfaction of the of Planning and Engineering in consultation with the , the Region of Waterloo and GRCA. The SUBDIVIDER further agrees that monitoring beyond 90% build-o will be required and the duration of this monitoring will be det environmental monitoring plans to be approved. The SUBDIVIDER a any restoration or mitigation measures arising from monitoring a MNR, the Region, the GRCA and/or the City and that such works wi responsibility of the SUBDIVIDER. 2.31 Prior to Grading or Registration, whichever shall occur fir submit, obtain approval of and implement a detailed monitoring p performance of conveyance infiltration galleries (including pre- construction phases) and to identity if the required water balan Regional Municipality of Waterloo. Part 3 Prior to Servicing 3.2 The SUBDIVIDER agrees to retain a qualified Engineering Consult prepare a detailed engineering design and report for the storm w accordance with the Comprehensive Stormwater Management Strategy West Urban Area prepared by AMEC ( June 22, 20111 and revised Ju Alder Creek Watershed and Upper Strasburg Creek Subwatershed Upd 2008 which accommodates a 2.0 cubic metres/second flow from Area 2 l 4 - 7 identified in Alder Creek Watershed and Upper Strasburg Creek Su CH2MHILL, 2008) to the s consultation with the Director of Operations, the Region of Wat Conservation Authority. In addition, the SUBDIVIDER shall have the storm water management facilities prepared by a Landscape Ar satisfaction of the Director of Operations and the Director of E 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 include a 20% contingency to the s of 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 west 30T-08206. The SUBDIVIDER agrees to enter into a cost s maintenance agreement with the land owner for the adjacent plan 08206 to arrange the sharing of costs associated with ongoing ma storm water management facility and any related appurtenances to the satisfaction of the City Solicitor and the Director of Engineering Services. Th agrees to construct and locate the Storm water management facili the Rosenberg Secondary Plan and to the satisfaction of the Dire Services, the Region of Waterloo and the Grand River Conservatio 3.20 The SUBDIVIDER agrees to prepare a water servicing report extent of the lands that can be serviced by municipal water dist shall make recommendations that address the water pressure issue of the Director of Engineering Services in consultation with the the Region of Waterloo. 3.21 Prior to servicing of each phase requiring new infiltration prior to servicing provide a letter of credit based on 60% of th approved infiltration facilities, and 100% of the estimated cost The Letter of Credit will be released two years after 95% of the is stabilized (meaning buildings are constructed and lot/blocks facilities are installed and functioning as intended and approv 3.22 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 to the satisfaction of the . It is acknowledged that these works, including -law 99-106, as amended, and the City shall be responsible for 100 % of the cost further acknowledged, if there is a need to increase the size an facilitate servicing outside of the Rosenberg Secondary Planningill be responsible for 100% of the cost of these upgrades. The SUBDI 4 - 8 acknowledges that any upgrades to local sewers to support this d considered eligible as a Development Charge expense. 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 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 3.23 Prior to Servicing or Registration, whichever shall come fi prepare and receive approval of detailed design drawings includi landscape treatment of the park and/ or trails located on Block15 Park ( Heritage House Urban Green), Blocks16,18, 19,20 & 22 Park (Urban Green), Block 21 and 23 Urban Green (Linear Park) andBlock 17 Neighbourhood Park/Community Centre site, prior to the servicing or registration of the associated stage t 3.24 Prior to Servicing or Registration which ever shall occur f to provide a detailed sanitary sewer design and to make arrangem the Director of Engineering for a sanitary servicing connection Trunk Sanitary Sewer. The SUBDIVIDER 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. 4 - 9 3.25 The SUBDIVIDER agrees to install black vinyl chain link fen fence that is not made of solid materials and provides visibilit side of lot line that is/ are adjacent to park blocks, Open Spac Blocks 32 and 33 to the satisfaction of the Director of Engineer consultation with Director of Operations. 3.28 The SUBDIVIDER agrees that proposed groundwater conveyance be fully under private ownership and the maintenance of such is future condominium corporations. The design will ensure that the separation of groundwater from underside of footing is achieved. corporation shall maintain a maintenance easement for any portio City lands in perpetuity. The developer agrees to indemnify the damage or future maintenance costs which could arise from failur Further, the GWCS shall be designed to the satisfaction of the D consultation with the Grand River Conservation Authority and the Region of Waterloo. 3.29 The SUBDIVIDER agrees to coordinate the decommissioning of station at Fischer Hallman Road and Bleams Director of Engineering Services immediately after servicing the 3.30 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 rand River Conservation Authority and the Ministry of Natural Resources asappropriate. 3.31 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 and Director of Transportation Services. 3.32 Prior to the Servicing or Registration, whichever shall occur fi SUBDIVIDER shall prepare an 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 for every two dwelling units where reasonable. Other options suc garage space, communal parking facilities, and/or parking along Part 4 Prior to Application for Issuance of any Building Permits 4.18 Prior to issuance of any building permits the SUBDIVIDER agrees permits shall be applied for or issued, and no new construction 10, within the subdivision shall be undertaken until building el 4 - 10 re that any new construction or alterations are consistent with the Guidelines for Priority Lots and the Heritage House Design Guide to the subject lands. 4.19 The SUBDIVIDER agrees to protect and conserve the Henhoeffe through the following means: 1) To keep the Henhoeffer Heritage House occupied for as long as p commencement of site/construction work to prevent vandalism and 2) To maintain the Henhoeffer Heritage House in good and sound con times prior to and during development of the property; and, 3) Should the Henhoeffer Heritage House become vacant, to undertak following: i. Secure and protect the Henhoeffer Heritage House from damage throu procedures outlined in Article 34 (Vacant Heritage Property) of ii. roperty indicating that the Henhoeffer Heritage House is to be conserved and should not be vandalized and/or scavenged; and, iii. Install an 8 foot fence around the perimeter of the Henhoeffer House to protect the building until the completion of constructi subdivision or the commencement of long-term occupancy of the bu Part 6 Other Timeframes 6.15 The SUBDIVIDER agrees that the short term conservation works ide approved conservation plan shall be completed prior to December conservation works not be completed by the specified date the CI of Credit (required by Condition 2.20 to have the necessary short term conservation sole option and in addition to any other remedies the CITY may h and so complete the required conservation works to the extent of the Letter of Credit. The cost of completion of such works shall monies obtained from the Letter of Credit. In the event that the conservation works remaining to be completed, the CITY may by by authority under Section 427 of the Municipal Act to have such wo recover the expense incurred in doing so in like manner as munic of Credit will be released when the short term conservation work Planning. 6.16 The SUBDIVIDER agrees to connect the existing Henhoeffer He municipal services once servicing of the subdivision is complete 6.17 The SUBDIVIDER agrees to develop the Henhoeffer Heritage Ho the approved Heritage Impact Assessment, approved Conservation P 4 - 11 Planning. 6.18 That prior to registration the SUBDIVIDER agrees that the p approval of a Heritage Impact Assessment site specific required. The Heritage Impact Assessment shall address the impac development on the Henhoeffer Heritage House located on Block 10 of the subject plan and the Williamsburg School located on adjacent lands to the nor Road in accordance with the aforementioned Heritage Impact Asses 6.19 The SUBDIVIDER agrees that prior to application for or issuance lands contained within Block 10 a Heritage Impact Assessment addressing the impact of the proposed development on the farmhouse and Heritage Design Gu255- 1291 Fischer Hallman Road addressing the restoration and reuse of the design and development of any nearby lands must be approved by the Director of Planning. The SUBDIVIDER further agrees that the preparation, submission a reference and to the satisfaction o to issuance of Site Pan approval for lands contained in Block 11 Assessment shall address the impact of the proposed development Heritage House located on Block 10, and view to the heritage hou Hallman Road as well as the view and impacts to the heritage hou located at 1385 Bleams Road. Further, the SUBDIVIDER agrees to develop the lands contained wi10 in accordance with the aforementioned Heritage Impact Assessment an Guidelines for Block 10. Estimate, prepared by a heritage consultant, for the cost associ and restoration of the exterior of the dwelling in accordance wi Design Guidelines for 1255-1291 Fischer Hallman Road. The SUBDI provide the CITY with a Letter of Credit or other like security restoration of the dwelling located on Block 10 as determined in the Cost Estimate. Should conservation and restoration works not be completed as approved, the City may use have the necessary works completed. The CITY, its employees, ag to the lands and so complete the required conservation and restoration works to the extent of the monies r Credit. The Letter of Credit shall be released by the CITY when Director of Planning. 6.20 Credit or other like the amount equal to the short term conservation works identified Credit will be released when the short term conservation works h 4 - 12 accordance with the approved Conservation Plan as certified by a 6.21 The SUBDIVIDER agrees to submit for review and approval a C grading, servicing and registration whichever comes first, for t House located on Block 10 reference and to the satisfaction of Plan shall include an assessment of current conditions and defic recommend conservation measures and interventions in the short, term including repair, stabilization, monitoring and maintenance preservation of the cultural heritage attributes identified in t Assessment. 6.22 The SUBDIVIDER shall prepare, submit and receive final appr Guidelines for Heritage Planning. The Design Guidelines for Heritage Priority Lots shall limited to the following: For Heritage (H) Priority Block 10, the Design Guidelines shall address building and site design which reflects and complements the arch style and setting of the Henhoeffer Heritage House on Block 10, . Further the Design Guidelines shall address matters including ap building location and orientation, the design of building additi alterations, appropriate building materials (e.g. brick or natur all elevations), colours, window, porches, roof style, garages, fences and landscaping. 6.23 The SUBDIVIDER or subsequent owner agrees to provide cop Design Guidelines for the Heritage Priority Lots be provided in Sales Agreements and/or rental agreements for Block 10 to the sa Director of Planning, and Further, the SUBDIVIDER shall ensure that the approved Design Gu Priority Lots are registered on title of Block 10 to the satisfaction of the CITY Solicitor in consultation with the Director of Planning. 6.24 The SUBDIVIDER agrees to maintain views to and from and bet Heritage House, the former Williamsburg School House and Bleams in the Heritage Impact Assessment prepared by Carson Woods Archi March 2009 and revised November 2013 to the satisfaction of the Director of Planning. The SUBDIVIDER further agrees to maintain such views during the stormwater facility on Block 31 and the multiple residential lan satisfaction of the Director of Planning and Director of Enginee maintained by locating obstructions below sight lines or outside Obstructions will include, but not be limited to, trees, shrubs, 6.25 The SUBDIVIDER shall satisfy t including for all future development blocks by the conveyance of15- 23(Stage1), to the CITY, at no cost and free of encumbrance. Conve the said Park Blocks will take place at the time of the registra 4 - 13 agrees that the parkland provided with the plan of subdivision s frontage costs to the City and shall be to the satisfaction of t The SUBDIVIDER further agrees to convey Blocks 25-30 to the City at no cost and free of encumbrance. These Blocks shall not be counted towards the sa parkland dedication, but shall be conveyed as other open space l each of the said Greenway Blocks will take place at the time of th stage in which such block is located in. 6.26 The SUBDIVIDER agrees to include a statement in all Offers 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 solid board or other like solid fences along the common property block, park blocks and or Open Space Woodlot and Buffer Blocks t the Director of Operations. 6.27 The SUBDIVIDER agrees to include a statement in all Offers and/or rental Agreements with home buyers that there is a planne the neighbourhood and to provide an information pamphlet or webs regarding Grand River Transit services to the satisfaction of th consultation with the Region of Waterloo. 6.28 The SUBDIVIDER agrees to complete the detailed design and to development of the Cook/Genstar Lands (30T-08206) as shown in th Secondary plan. The SUBDIVIDER further agrees that oversizing an services maybe required and that a 0.3m reserve will be placed o until cost sharing arrangements are agreed to all to the satisfa of Engineering Services. The SUBDIVIDER further agrees to make the necessary arrangement land owners (Cook /Genstar Lands (30T-08206) for the provision o services mutually required to service these lands and t Engineering Services written confirmation that these cost sharin been made prior to registration. 6.29 The SUBDIVIDER agrees that the development of Blocks 6, 7, 10, 11, 13, and 14, shall be developed in accordance with the Fischer Hallman Mixed Use Corri Manager of Site Development and Customer Service. 6.30 Prior to Site Plan approval of Block 6, 7, 10, 11, 13, and 14, the SUBDIVIDER agrees to provide an updated noise study that further confirms the use of measures to the satisfaction of the Region of Waterloo and the C Director of Engineering Services and C Director of Planning. 6.31 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 Blocks 24 and 33 lands to the south (Williamsburg Cemetery) to the satisfaction o in consultation with the Director of Enterprises. This plan shall be coordinated with the 4 - 14 mitigation works required by the Ministry of Natural Resources f Endangered Species Act. 6.32 Where pressure reducing valves are required the Owner must with the City of Kitchener to provide for such installation; and purchase and/or rental agreements, a clause identifying the pres pressure reduction device and advising that it may not be remove owner/occupant. 6.33 Prior to occupancy of the first unit being granted, the SUBDIVIDtermine the locations of all centralized mail receiving facilities to the sa Planning. If required, the SUBDIVIDER shall provide temporary suitable centralized mail box locations that may be utilized by Canada Post until curbs, b are constructed for the plan of subdivision. 6.34 The SUBDIVIDER shall include a statement in all Offers of Purcha 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. 4 - 15 6. The SUBDIVIDER shall make satisfactory arrangements for the pro telecommunication services to the subdivision and/or the relocat services. Further, the SUBDIVIDER acknowledges that this may inc all costs associated with the provision of temporary services an services 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 telecommunication compa the CITY'S 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 presently owned by the CITY, the SUBDIVIDER shall obtain prior w from the CITY'S Director of Engineering, or, in the case of park General Manager of Community Services; and e) to provide to the CITY'S Director of Planning, a clearance lett HYDRO and telecommunication companies. Such letter shall state t respective utility company has received all required grants of e alternatively, no 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 SUBDIVIDER further agrees to make the necessary arrangements land owners (Cook/Genstar Lands (30T-08206) for the provision or extension of any Engineering Services written confirmation that these cost sharin been made prior to registration. 10. The SUBDIVIDER agrees to convey to the CITY, at no cost and free the following lands for the purposes set out below: Block 15 - Park (Community Centre) Blocks 16-23 - Park (Urban Green) Blocks 24-30 - Open Space Blocks 31-32 - Storm Water Management Blocks 35-39 - 0.3 m Reserve 4 - 16 11. 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 zone and the corner visibility triangle, with the specific, appr . The SUBDIVIDER acknowledges that a Sign Permit is required for the Subdivision Billboard sig shall be designed and erected to the satisfaction of the Directo 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 emergency access roads, zoning, lotting and specific land uses, storm water management areas, hydro corridors, trail links and w potential or planned transit routes and bus stop location, notif contacts for school sites, noise attenuation measures, special b areas, water courses, flood plain areas, railway lines and hazar also make general reference to land uses on adjacent lands inclu to any formal development application, all to the satisfact Director of Planning; 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 sign is erected. Notice shall be posted on the subdivision bill that information may not be current and to obtain updated inform 12. The SUBDIVIDER agrees that all streets shall be named as shown 13. The SUBDIVIDER agrees to obtain the appropriate land use plan, Kitchener, for the area being subdivided in order to satisfy Con Subdivision Agreement. 14. Prior to Grading or Registration, whichever shall occur first, submit, obtain approval of and implement a detailed monitoring p performance of conveyance infiltration galleries (including pre- construction phases) and to identify if the required water balan Regional Municipality of Waterloo. 15. Prior to the Servicing or Registration, whichever shall occur f SUBDIVIDER shall prepare an On-Street Par -Street Parking Policy, as 4 - 17 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 16. 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 consideration has been given to the design treatment along both for each lot/dwelling, including such items as the provision of stairs or other projections; secondary or angled door entries; h articulation, brick or masonry-style skirting along both the fro yard and/or accentuated windows; increased building massing and consideration to fencing and landscaping. b) For Terminating Vista Priority Lots, building elevation and bui drawings shall ensure that the garage face is not the primary te from the oncoming street, instead utilizing the habitable portio porch, roof 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 provion for porches, porticos, stairs, or other projections, secondary entry doors, h 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 consideration has been given to design treatment along the road including such items as the provision for porches, porticos, sta projections, horizontal articulation, brick and masonry style sk accentuated windows. 17. Prior to grading or registration whichever comes first, the sub prior to or in conjunction with adjacent lands to the west locat 08206. 18. Prior to registration, the SUBDIVIDER shall enter into an agre Kitchener to ensure that the water balance completed shall conveyance infiltration gallery data (based on soil suitability construction) and this this data be reported to the Region of Waterloo in the event tha results and mitigation measures may be required to maintain the to sustain the wetland and ESPA features on these lands and on t plan 30T-08206. 4 - 18 19. The SUBDIVIDER agrees that the short term conservation works id approved conservation plan shall be completed prior to December conservation works not be completed by the specified date the CI of Credit (required by Condition 2.20 to have the necessary shor sole option and in addition to any other remedies the CITY may h and so complete the required conservation works to the extent of the Letter of Credit. The cost of completion of such works shall monies obtained from the Letter of Credit. In the event that the conservation works remaining to be completed, the CITY may by by authority under Section 427 of the Municipal Act to have such wo recover the expense incurred in doing so in like manner as munic of Credit will be released when the short term conservation work Planning. 20. The SUBDIVIDER agrees to connect the existing Henhoeffer Herita municipal services once servicing of the subdivision is complete 21. The SUBDIVIDER agrees to develop the Henhoeffer Heritage House the approved Heritage Impact Assessment, approved Conservation P Planning. 22. That prior to registration the SUBDIVIDER agrees that the prepa approval of a Heritage Impact Assessme required. The Heritage Impact Assessment shall address the impac development on the Henhoeffer Heritage House located on Block 10 and the Williamsburg School located on adjacent lands to the nor Road in accordance with the aforementioned Heritage Impact Asses 23. The SUBDIVIDER agrees that prior to application for or issuance lands contained within Block 10 a Heritage Impact Assessment add the proposed development on the farmhouse and Heritage Design Gu 1291 Fischer Hallman Road addressing the restoration and reuse o design and development of any nearby lands must be approved by t Planning. 24. The SUBDIVIDER further agrees that the preparation, submission to issuance of Site Pan approval for lands contained in Block 11 Assessment shall address the impact of the proposed development Heritage House located on Block 10, and view to the heritage hou Hallman Road as well as the view and impacts to the heritage hou located at 1385 Bleams Road. 4 - 19 25. Further, the SUBDIVIDER agrees to develop the lands contained w accordance with the aforementioned Heritage Impact Assessment an Guidelines for Block 10. 26. Estimate, prepared by a heritage consultant, for the cost associ and restoration of the exterior of the dwelling in accordance wi Design Guidelines for 1255-1291 Fischer Hallman Road. The SUBDI provide the CITY with a Letter of Credit or other like security or, in an amount equal to the value of the restoration of the dwelling located on Block 10 as determined in the Cost Estimate. restoration works not be completed as approved, the City may use have the necessary works completed. The CITY, its employees, ag to the lands and so complete the required conservation and restoration works to the extent of the monies r Credit. The Letter of Credit shall be released by the CITY when Director of Planning. 27. ith a Letter of the amount equal to the short term conservation works identified anning. The Letter of Credit will be released when the short term conservation works h accordance with the approved Conservation Plan as certified by a 28. The SUBDIVIDER agrees to submit for review and approval a Conse The Conservation Plan shall include an assessment of current con deficiencies, and shall recommend conservation measures and inte short, medium, and long term including repair, stabilization, mo measures to ensure preservation of the cultural heritage attribu approved Heritage Impact Assessment. 29. The SUBDIVIDER shall prepare, submit and receive final approval Guidelines for Heritage Priority Lots to the satisfaction of the Planning. The Design Guidelines for Heritage Priority Lots shall limited to the following: 30. For Heritage (H) Priority Block 10, the Design Guidelines shall design which reflects and complements the architectural style an Henhoeffer Heritage House on Block 10, Stage 1. Further the Desi address matters including appropriate building location and orie building additions and alterations, appropriate building materia materials on all elevations), colours, window, porches, roof sty fences and landscaping. 31. The SUBDIVIDER or subsequent owner agrees to provide copies Design Guidelines for the Heritage Priority Lots be provided in 4 - 20 Sales Agreements and/or rental agreements for Block 10 to the sa Director of Planning, and 32. Further, the SUBDIVIDER shall ensure that the approved Design G Priority Lots are registered on title of Block 10 to the satisfa consultation with the Director of Planning. 33. Prior to any site alteration, area grading, servicing or regist plan, the SUBDIVIDER shall obtain any necessary permits and approv 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 Director of Operations in consultation with the Director of 34. A Stewardship Management Plan should be developed, submitted an registration, pre-grading or pre-servicing (whichever comes firs 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 Environmental Im January 2013 and Addendum, April 2013), the Response Document (N and incorporate any requirements of the Ministry of Natural Reso 35. Prior to Servicing or Registration, whichever occurs first, the submit a functional design for the implementation of bicycle lan intersection curb extensions on both sides of Rosenberg Way and Director of Transportation Services. 36. The SUBDIVIDER agrees to complete the detailed design and to im development of the Cook /Genstar Lands (30T-08206) as shown in t Secondary plan. The SUBDIVIDER further agrees that oversizing and sharing of services maybe required and that a 0.3m reserve will be placed o of Engineering Services. 37. Prior to grading or registration whichever comes first, the sub prior to or in conjunction with adjacent lands to the west locat 08206. 38. To expedite the approval for registration, the SUBDIVIDER shall Director of Planning, a detailed written submission documenting imposed by this approval that require completion prior to regist plan(s), have been satisfied. 4 - 21 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1. That the plan for final approval may incorporate a lot pattern which single detached, semi-detached and townhouse lots are perm density not exceeding the density identified in the draft approv 2. That the owner agrees to stage the development for this subdivi satisfactory to the Regional Commissioner of Planning, Housing a Services; 3. That the subdivision agreement be registered by the City of Kit lands to which it applies and a copy of the registered agreement the Regional Commissioner of Planning, Housing and Community Ser to final approval of the subdivision plan; 4a. That the owner enter into an Agreement for Servicing with the R Municipality of Waterloo to preserve access to municipal water s municipal wastewater treatment services prior to final approval for the installation of underground services, whichever comes fi owner has already entered into an agreement for the installation servicing with the area municipality, such agreement shall be am provide for a Regional Agreement for Servicing prior to registra the plan. The Regional Commissioner of Transportation and Envir Services shall advise prior to an Agreement for Servicing that s supplies and wastewater treatment capacity is available for this portion of the plan to be registered; 4b. That the owner include the following statement in all agreement purchase and sale that may be entered into pursuant to Section 5 Planning Act, prior to the registration of this plan: purchase and sale are not yet registered as a plan of subdivisio of all conditions of draft plan approval, including the commitme and sewage treatment services thereto by the Region and other au not yet been completed to permit registration of the plan. Acco purchaser should be aware that the vendor is making no represent warranty that the lot, lots, block or blocks which are the subje or lease or purchase and sale will have all conditions of draft 5. a) That prior to final approval, the Owner submit for review and ap detailed functional servicing report for the entire plan, with srt to assess the need for pressure reducing valves; to the satisfactio Regional Commissioner of Planning, Housing and Community Service 4 - 22 b) That prior to final approval, the owner agrees to submit for re approval, engineering drawings which include the Kitchener Zone 750mm trunk watermain within the the hydro-corridor easement and sections of roads that cross the hydro easement at Rosenberg Way Abram Clemens Street and Street Two; to the satisfaction of the Commissioner of Planning, Housing and Community Services; c) That no construction or other activity be undertaken within t Hydro One easement until such time as the easement in d) below h been granted to the Region; d) That prior to final approval, the Owner agrees to grant, at no Region, an easement in favour of the Regional Municipality of Wa the 750mm trunk watermain (with such easement to be located with existing Hydro One easement). e) Prior to the Region of Waterloo completing detail design for th roundabout at Bleams Road and Fischer-Hallman Road, the Owner sh working with the City of Kitchener and the Region of Waterloo, p servicing solution for multiple residential Block 11, to the sat Regional Commissioner of Planning, Housing and Community Service 6. Where pressure reducing valves are required in Condition No. 5a Owner must enter into an agreement with the City of Kitchener to such installation; and to include in all offers to purchase and/ agreements, a clause identifying the presence of such water pres device and advising that it may not be removed by the owner/occu 7. a) That the boundary of the Williamsburg Woods Core Environmental within the subject lands be interpreted as shown on Figure 6 of Springs Farms Limited (Schlegel Lands) Environmental Impact Stud (NRSI, January 2013) following field verification by a sub-commi Ecological and Environmental Advisory Committee on August 8, 201 b) That a minimum 10-metre no-touch buffer be established adjacent to the Williamsburg Woods Core Environmental Feature Block 24. 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 Waterl clearing of vegetation on the site occur during the bird breedin (May 1st July 31st) in compliance with the Migratory Birds Convention 4 - 23 Act unless it can be ascertained by a qualified expert that no bird by the Act are observed to be breeding in or adjacent to the aff 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 (Blo and Block 33 if developed), with signage identifying the Williamsburg Woods ESPA, and that the fence be installed 15 centimetres withi 32 and 33 to the satisfaction of the City of Kitchener and the R f) That prior to final approval, the Owner consult with the City o with respect to the potential removal of fencing along their com property boundary (Williamsburg Cemetery) in order to enhance wi linkages across the landscape. g) That prior to final approval, and any land clearing, grading, o installation of services, the Owner submit a detailed erosion an control plan acceptable to the City of Kitchener, Grand River Co Authority, and the Region in order to prevent sedimentation into Environmental Feature. h) That prior to final approval, the Owner submit landscaping and plans for all buffer areas contiguous to Core Environmental Feat for the stormwater management area (Block 32), and that recommen plantings consist of locally-appropriate, self-sustaining native the satisfaction of the City of Kitchener and the Region of Wate i) That, prior to registration, the owner submit a detailed monito the Core Environmental Feature and adjoining stormwater manageme Big Springs Farms Limited (NRSI, January 2013) and subsequent response from NRSI dated November 5, 2013 to the satisfaction of the City of Kitchener and the Region of Waterloo j) That prior to final approval, the Owner develop a brochure and information tools for new home purchasers which provides informa about the natural heritage features contiguous to the subdivisio with advice about how they can be good neighbours and stewards o these areas, and that the brochure be to the satisfaction of the Kitchener, Ministry of Natural Resources, and the Region of Wate k) That prior to registration of open space Block 24 and Agricul the Owner remove any garbage or debris from the Environmentally Sensitive Policy Area / Core Environmental Feature to the satisf the City of Kitchener and the Region of Waterloo. 4 - 24 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 the satisfaction of the Regional Commissioner of Planning, Housi Community Services. 9. That prior to final approval, the Owner decommissions any monit private wells (not used for long term monitoring) on the propert with O. Reg. 903 prior to any grading on the property; and furth owner enter into an agreement with the City of Kitchener to deco long term monitoring wells no longer used for such purposes, all satisfaction of the Regional Commissioner of Planning, Housing a Services. 10. That prior to any grading or construction, and final approval of all or any part of this plan of subdivision, the Owner submits an interim and/or fi drainage plan as deemed necessary by the Region, for review and approval by the Regional Commissioner of Planning, Housing and Community Ser lot grading and drainage plan must include existing and future g for Fischer-Hallman Road and Bleams Road dated January 15, 2014. Furthermore, the Owner enter into an ag the Regional Municipality of Waterloo to secure completion and i of the above requirements. 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 necessary by the Region, for review and approval by the Regional of Planning, Housing and Community Services. The interim and/or final stormwater management report must: a) establish water quantity trigger levels and/or infiltration ben propose a strategy for mitigating impacts in the event there is meeting infiltration targets, consistent with the Water Manageme Strategy for the Rosenberg Secondary Plan; b) identify the design and location of infiltration facilities; an c) Planning C Furthermore, the Owner enter into an agreement with the Regiona of Waterloo to secure completion and implementation of the above management requirements. 12. That prior to final approval, or prior to commencement of any c within the Bleams Road (Regional Road 56) and Fischer-Hallman Ro 4 - 25 (Regional Road 58) rights-of-way, the Owner enter into an agreement with the Regional Municipality of Waterloo to obtain a Municipal Consent Permit from the Region for such works. 13. That prior to final approval of all or any part of this plan of submits a boulevard restoration plan for Bleams Road and Fischer Road, to the satisfaction of the Regional Commissioner of Planni Community Services. The boulevard restoration plan must address and final road profiles, as deemed necessary by the Region. 14. That prior to final approval of all or any part of this plan of enter into an agreement with the Regional Municipality of Waterl necessary financial resources for any decorative street over and - Hallman Road. 15. That the Owner obtain Regional Road Access Permits for the inte Abram Clemens and Bleams Road, Rosenberg Way and Fischer Hallman and Street Two and Fischer-Hallman Road. 16. That the Owner upon written request by the Region, or that the approval (whichever comes first), provide for any road widening the Bleams Road and Fischer-Hallman Road frontages and daylight deemed necessary by the Region, to the satisfaction of the Regio Commissioner of Planning, Housing and Community Services. Without limiting the foregoing, these widenings include: widenings required through the Fischer-Hallman Road environment assessment projects; future roundabout at Fischer-Hallman Road / Bleams Road; future roundabout at Fischer-Hallman / Rosenberg Way; widenings to accommodate left turn lanes; widenings to accommodate Strasburg Creek culvert improvements t Fischer-Hallman Road; and widenings to accommodate the final profile for Fischer-Hallman 17. That prior to final approval, the Owner enter into an agreement Municipality of Waterloo to provide sufficient certified funds f transit amenities for four (4) transit stops along Rosenberg Way transit stop along Fischer-Hallman Road in order to provide Gran service to this plan consisting of: transit landing pads (4) transit landing pad (1 iXpress) transit shelter pads (4) 4 - 26 transit shelter pads (1 iXpress) 18. a) That prior to final approval, the Owner grant any easements as to the Regional Municipality of Waterloo, at no cost to the Regi provision of transit amenities noted in Condition 17 above. b) That prior to final approval, the Owner grant or enter into an grant, any temporary and/or permanent easements as necessary to Regional Municipality of Waterloo, at no cost to the Region, req construction or maintenance of the Strasburg Creek culvert impro at Fischer-Hallman Road. 19. That prior to final approval, the Owner enter into an agreement Municipality of Waterloo for the installation of a 1.5 metre hig along any side or rear lot properties fronting Bleams Road (Regi provided a noise attenuation barrier is not required as determin 24. 20. a) That prior to final approval, the Owner submits for review and interim road improvements and traffic control measures for Rosen Way and Fischer-Hallman Road if deemed necessary by the Region; such submission to include a functional design and cost estimate satisfaction of the Commissioner of Planning, Housing and Commun Services. b) That prior to final approval, the Region has the necessary physnd financial resources to provide for the interim road improvements control measures identified in a) above. 21. a) That prior to final approval of all or any part of this plan of Owner 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 and Community Services. b) That prior to final approval of all or any part of this plan of subdivision, if deemed necessary by the Region, that the Region has the necessar physical and financial resources to provide for any interim road improvements recommended in a) above due to staging of developme to the satisfaction of the Regional Commissioner of Planning, Ho Community Services. c) That prior to final approval of all or any part of this plan deemed necessary by the Region, that the Region has the necessar physical and financial resources to construct the roundabout at Hallman Road and Bleams Road, and that the ultimate roundabout d 4 - 27 be modified to include a northbound right-turn by-pass lane and extended effective flair length for the eastbound approach, to t satisfaction of the Regional Commissioner of Planning, Housing a Community Services. d) That prior to final approval of all or any part of this plan of deemed necessary by the Region, that the Region has the necessar physical and financial resources to construct the Strasburg Cree improvements to Fischer Hallman Road, to the satisfaction of the Commissioner of Planning, Housing and Community Services. d) That prior to final approval of all or any part of this plan of deemed necessary by the Region (whichever comes first), that the consultation with the Region shall prepare a detailed engineerin servicing and utility requirements of the subdivision along Fisc (Regional Road 58) including, but not limited to, multiple resid Furthermore, if deemed necessary by the Region, that the Owner s provide the Region with the necessary physical and financial res construct any of the servicing and utility requirements identifie satisfaction of the Regional Commissioner of Planning, Housing a Community Services. f) That prior to final approval of all or any part of this plan of deemed necessary by the Region, that the Region has the necessar physical and financial resources to construct the roundabout at Hallman Road and Rosenberg Way, to the satisfaction of the Regio Commissioner of Planning, Housing and Community Services. 22. a) That prior to final approval, the Owner will provide a function cost estimate for a westbound left-turn lane with 65 metre stora and appropriate tapers on Bleams Road at Abram Clemens Street. b) That prior to final approval, the Owner will provide a function cost estimate for a southbound left-turn lane with 50m storage o Road at Bleams Road. c) That prior to final approval, the Owner will provide a functi cost estimate for the right-in / right-out only access at the St connection to Fischer-Hallman Road. d) That prior to final approval, the Region has the necessary phys financial resources to construct all required road improvements and c) above. e) That conditions a), b) c) and d) above all be fulfilled to the the Regional Commissioner of Planning Housing and Community Services. 4 - 28 23. That prior to final approval, the Owner enters into an agreemen Regional Municipality of Waterloo that prior to the issuance of Access Permit by the Region for Block 11, the Owner submits for approval, a traffic impact study, a functional design, cost esti credit for the required road improvements and traffic control fo satisfaction of the Commissioner of Planning, Housing and Commun 24. That prior to final approval, the Owner enter into an agreement Municipality of Waterloo to complete a detailed noise study (pri approval) to determine noise attenuation requirements for all Bl sensitive land uses impacted by road traffic and stationary nois satisfaction of the Regional Commissioner of Planning, Housing a Services. Where appropriate, the lands shall be designed to avo outdoor physical noise attenuation measures through appropriate setbacks. Furthermore, the Owner shall enter into an agreement Kitchener and/or Regional Municipality of Waterloo as necessary, implementation of the noise attenuation requirements recommended Study. 25. That prior to any grading or construction, and final approval o the draft plan of subdivision, a consultant Archaeologist shall 3 assessment on the 16 findspots noted in the original assessmen Two copies of all assessment documents and Ministry of Tourism, Sport clearance letters must be submitted to the Regional Commis Planning, Housing and Community Services, prior to final approva 26. That prior to final approval of all or any part of this plan of enter into an agreement with the Regional Municipality of Waterl site plan application to the City of Kitchener for any portions 11, 13, 14 and 33 in proximity or adjacent to Fischer-Hallman Ro time as the future road profile for Fischer-Hallman Road as been through the class environmental assessment for the road. 4.0 OTHER AGENCY CONDITIONS Grand River Conservation Authority 1. As per Policy 5.2.6 of the Rosenberg Secondary plan, prior to a servicing, the existing culvert at Fischer Hallman Road and Uppe Creek shall be replaced in accordance with the Strasburg Creek F Environmental Assessment (Stantec). Construction is intended to other works in the area to minimize disturbance to the creek. 2. As per Policy 5.2.6 of the Rosenberg Secondary plan, prior to a servicing, the existing culvert at Fischer Hallman Road and Uppe Creek shall be replaced in accordance with the Strasburg Creek F 4 - 29 Environmental Assessment (Stantec). Construction is intended to other works in the area to minimize disturbance to the creek. 3. Prior to any grading or construction on the site and prior to r plan, the owners or their agents submit the following plans and satisfaction of the Grand River Conservation Authority. a) A detailed stormwater management report in accordance with the 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 Stantec dated b) A detailed Lot Grading, Servicing and Storm Drainage Plan. T Plan must illustrate the location of the existing and Proposed R Floodline as well as the location of community trails. The Serv should incorporate the final Middle Strasburg sanitary sewer ali approved in the Class Environmental Assessment or approved modific 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 prior to any development within areas regulated under Ontario Regulation 150/06. e) The Fischer-Hallman Road culvert at Strasburg Creek is replace recommendations of the Strasburg Creek Flood Control EA (Stantec Construction will occur in conjunction with the installation of sewer and the widening of Fischer-Hallman Road and any other wor area in order to minimize disturbance to the creek. 4. The SUBDIVIDER agrees to provide an overland flow route from th Block 33 to a suitable outlet to the satisfaction of the GRCA. 5. The SUBDIVIDER agrees to provide a detailed water balance infor showing how infiltration targets will be met to the satisfaction 6. The SUBDIVIDER agrees to provide an erosion analysis and mitiga for Strasburg Creek to the satisfaction of the GRCA. A peer re requested, to be paid for by the proponent. 7. A short term and long term monitoring and maintenance plan for infiltration facilities, on public and private lands, with acces will be provided to the satisfaction of the GRCA. 8. A monitoring plan to assess the performance of the cooling tren and water temperature, will be provided to the satisfaction of t 4 - 30 9. A pre, during and post construction monitoring program and repo in the Environmental Impact Study will be provided. Remedial m outlined the monitoring program and implemented if needed. 10. Grading associated with the northern stormwater management faci completed prior to servicing and/or registration of the plan to floodplain of Strasburg Creek is contained with the stormwater m facility. 5. CLEARANCE CONDITIONS 1. City of Kitchener is to be advised by the Regional Commissioner Housing and Community Services that Conditions 3.1 to 3.26 have been carried out to the satisfaction of the Regional Municipality of Waterloo letter from the Region shall include a brief but complete statem each condition has been satisfied. 2. or of Planning, the Director shall be advised by Kitchener-Wilmot Hydro that Conditi has been carried out satisfactorily. The clearance letter shall statement detailing how each condition has been satisfied. 3. That prior to Director shall be advised by the telecommunication companies (Be Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. shall include a brief statement detailing how each condition has 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Region Charge By-law 09-024 are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ont 43/96, as amended, under The Registry Act. Updated Information 4. It is the responsibility of the owner of this draft plan to ad Municipality of Waterloo and the City of Kitchener Planning and Departments of any changes in ownership, agent, address, and pho Regional Fees 5. The owner/developer is advised that the Regional Municipality o adopted By-Law 09-003, pursuant to Section 69 of the Planning Ac c. P.13, to prescribe a tariff of fees for application, recircul modification to draft approval and registration release of plans 4 - 31 Identification of Applicable Planning Act 5. This draft plan was received on or after May 22, 1996 and shall and finally disposed of under the Planning Act, R.S.O.1990, as amended by S.O.2006, c.23 (Bill 51). Unobstructed Access to Units 6. The owner/developer is responsible to ensure that each dwell unobstructed access at grade or ground level, having a minimum w metres, from the front yard to the rear yard of the lot either b 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 Regional Municipality of Waterloo to water and wastewater servic To secure this commitment the owner/developer must enter into an for Servicing" with The Regional Municipality of Waterloo by req Region's Planning and Culture Department initiate preparation of 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 a Servicing". This agreement will be time limited, define the ser 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 W print copies of the proposed plan to be registered along with th for a 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 fe that all Regional conditions have been satisfied and the require letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional P responsible for the file, no later than December 15th. Regional cannot ensure that a Regional Release would be issued prior to year end 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 Region of Waterloo International Airport Zoning Regulations issu federal Aeronautics Act. The purpose of the Regulations is two- prevent lands adjacent to or in the vicinity of the Region of Wa 4 - 32 Airport site from being used or developed in a manner that is in the safe operation of the airport or an aircraft; and 2) to prev or in the vicinity of facilities used to provide services relati being used or developed in a manner that would cause interferenc or communications to and from aircraft or to and from those faci aware of the restrictions under these Regulations which may incl limited to height restrictions on buildings or structures, heigh interference with communications, and activities or uses that at 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 Aeronautics Act. This Standard allows aviation officials to ass obstructions, namely buildings, structures or objects, to determ likely to constitute a hazard to air navigation and consequently and/or lighting in accordance with the Standards. Persons plann obstruction, namely a building, structure or object, including a either permanently or temporarily, should contact the Regional M Aerodrome Safety (Ontario Region), Transport Canada at (416) 952 early as possible and provide the necessary information on the pd obstruction using the Aeronautical Obstruction Clearance Form (# issued by 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 Kitchener. If the plans comply with the terms of approval, and an assurance from the Regional Municipality of Waterloo and appl clearance agencies that the necessary arrangements have been mad Manager of Devel will be forwarded to the Registry Office for registration. The following is required for registration and under The Registr use: One original mylar Four mylar copies Four white paper prints BACKGROUND: The subject property is owned by Big Spring Farms Limited and ap Subdivision and a Zone Change were submitted by GSP Group in 200. The subject property has an area of 60.53 hectares and frontage along both Fischer Ha Bleams Road to the north Area, designated Low Density Residential One, Low Density Residential Residential One, Medium Density Residential Two, High Density Re Neighbourhood Park, Open Space and Natural Heritage Conservation currently zoned Agricultural (A-1). 4 - 33 The subject lands are currently vacant and are situated in the R applications were originally submitted prior to any Master Plann area. At that time the applications were considered pre-mature u comprehensively planned. In February 2010, the City passed an In was subsequently appealed but the by-law was upheld. In turn, th decisions on the applications in abeyance while the City engaged planning process for 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 was adopted by Council on August 15, 2011 and subsequently appro th Waterloo with modifications on February 15, 2012. The Rosenberg Secondary Plan was subsequently appealed by all the land owners in the area resulti discussion, staff was able to resolve the issues surrounding the settlement was reached. OPA 90 was finally approved by the Onta of 2013 and is now in full force and effect. The subject lands are currently vacant but can be characterized as predominantly cultivated agricultural land with a central farmyard (including the Henhoeffer farm house, barn and outbuildings), several rural residences and associated landscapi Strasburg Creek subwatershed. The main branch of Upper Strasbur northeast corner of the subject property and drains easterly towards Fischer-Hallman Road. Natural heritage features associated with this property include a woodla habitat for significant species and Species at Risk. The wetland features include four vernal ponds (part of a 5-pon a separate cattail marsh in the southeast corner of the property Upper Strasburg Creek Provincially Significant Wetland (PSW) Com The woodland associated with this property is Williamsburg Woods fresh Sugar Maple-Beech deciduous forest, located in the southwe Williamsburg Woods (ESPA #82) is also designated a Regionally Si part of the Upper Strasburg Creek Provincially Significant Wetla and is designated a Core Environmental Feature in the adopted Re The owner is proposing to develop the lands with 1293 residential units consisting of a mix of single detached, semi-detached, street townhouse, as well as mul The lands will also have mixed use development, parks and open s and library as well as an elementary school within a 5 minute wa Residential Six (R-6), Residential Eight (R-8), Residential 9 (R-9), Mixed Use One, Community Institutional Zone (I-2), Parks (P-1), Open Space (P-2), Hazard Lands (P-3) has been requested to implement the proposed subdivision. 4 - 34 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. 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 Pl 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, 4 - 35 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. 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 Subdivisio 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 prin City of Kitchener Official Plan. The Rosenberg Secondary Plan is based on the Mixed Use 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. In addition to the designations listed above, a portion of the p hectares of land currently has a Deferral # 1 designation on it. lands in order to allow the applicant to make an application to for a permit under the Endangered Species Act. The final outcome assist staff in determining the appropriate land use designation and Zoning Process. In this regard, staff is proposing to leave Block 33 in a Deferral 1 designation. Similarly Block 33 will remain in an Agricultural Zone (A-1) until the approval of the permit under the Endangered Species Act by the Ministry of Natural Resources. of development has been established, the applicant will be requi rezoning and official plan amendment for this block so that apprones and Official Plan 4 - 36 designations can be determined. This may include a combination o Conservation and Low Density Residential designations or combination thereof and could include Hazard (P-3) and Residential Four (R-4) or Residential combination thereof. The Rosenberg Secondary Plan envisions this community to be a co people can walk or cycle to school, shop, and potentially to wor the Rosenberg community including the Williamsburg South Neighbo r Hallman Road will function as the spine of the community and will evolve into a tr corridor. Residents within Rosenberg will have a variety of hous recreation and socio-cultural options. The design of the communi natural and cultural heritage conservation together with best pr and energy conservation. Approximately 29 percent (17.68 hectare (26.25 hectares) of the total area (60.53 hectares) will have pa natural heritage areas. 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), Residential Seven (R-7), Residential Eight (R-8), Residenti One (MU-1), Public Park (P-1), Open Space (P-2), and Hazard Land The proposed Zone Change application is in keeping with the geneg 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 amenit 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 4 - 37 Staff recommends approved by Council. Proposed Draft Plan of Subdivision Subdivision Design The proposed plan of subdivision includes residential dwellings, dwellings, semi-detached dwellings, street townhouse dwellings, and mixed use development or a combination of these. The minimum count creates a density range of 70-75 people and jobs per hectare which exceeds the Regional density targets for this area of 55 persons and jobs per hectare. The proposed Plan of Subdivision and Zone Change applications re community that is walkable and transit oriented. The main fronta Fischer Hallman Road which will serve as a central spine to the be the focus of compact mixed uses with medium and higher densit Desi Design Guidelines and Streetscape Plan for Fischer Hallman Road. As one moves further to the west towards the adjacent plan of su densities decrease to Low Density Residential One and Two. This types and densities within the subdivision. The plan also has a that is walkable from the main street/ mixed use proposed along the plan and is a key feature for the community at large. This b proposed separate school site on the adjacent Plan (30T-08206) t minute walk of the main street area of the plan. While the plan connections as contemplated by the Rosenberg Secondary Plan, sta connectivity will be achieved when the blocks and internal roads condominium. The property is transected by a hydro corridor whic community trail and open space connection. There are 4 parkettes linear park along Abram Clemens Street which will connect to the Cemetery as well as the trail in the Hydro Corridor. The plan will be connected via pedestrian and vehicular connecti via the Hydro corridor which will connect these lands with those Huron Natural Area on the east of Fischer Hallman Road via a pot road. The lands will also have a pedestrian connection to the t subject lands in the Williamsburg Cemetery. A heritage home is located on the plan of subdivision and in acc recommendations made in the Cultural Heritage Inventory as part Plan process, the home is being retained and integrated into the 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 Plan of Subdivision and Zone Cha Rosenberg Secondary Plan. 4 - 38 The Rosenberg Secondary Plan allows for the consideration of alt Policy 8.2.3. The plan shows a slightly reduced right of way cro than the 26 metres. The cross section will continue to include a a boulevard with landscaping and will continue to move traffic t 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 galleries will be required for the subdivision through draft pla The landowners are required to demonstrate that no negative eros Creek are resultant from the development through their detailed management facilities which will be approved as part of the staf servicing of the plan. Sanitary/Water Servicing All lots will be serviced with municipal sanitary sewers and wat standards. The existing Middle Strasburg Sanitary Trunk Sewer ha east side of Fischer Hallman Road to service these lands. Waterm Road have sufficient capacity to service most of the property. A corner of the subject lands near Bleams Road will require pressu water pressure in the area and will be implemented through condi Subdivision approval. The watermain will be extended to provide firefighting service. Noise A noise study was completed for the subdivision in accordance wi Secondary Plan which satisfies MOE guidelines. The development a will have design elements incorporated into the design of buildi densely planned Mixed Use corridor. Environmental Setbacks Policy 4.2.1.2 i) a) b) of the Rosenberg Secondary Plan requires metres buffer (development setback limits) from both Core and No the alder Creek Watershed Study and Upper Strasburg Creek Subwat (CH2MHILL,2008). The term generally in the policy provides some minimum 30 metres buffer where appropriate. In the watershed st applied to the entire Core or Non-Core natural system within the Creek and Strasburg Creek and is not specific to individual feat may include any combination of the following: wetlands, woodland or all of the above. Policy 5.4.2 of the Rosenberg Secondary Pl will not be permitted in lands designated as Natural Heritage Co made for portions of Storm Water Management Facilities, associat infrastructure such as a sanitary trunk sewer as per an approved and trails and associated grading. In these instances above, so 4 - 39 buffer can be considered subject to an approved EIS to the satis Waterloo and the Grand River Conservation Authority. After rece 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. Species at Risk The subject lands contain habitat for a known species at risk. a Natural Heritage Conservation for the portion of the plan cont shown as Block 24. A portion of the plan comprising approximately 8.57 hectares of la33 currently has a Deferral # 1 designation on it. These lands are within the adjacent to the actual feature lands in Block 24, which have bee Heritage Conservation. The Deferral was placed on the lands in ohe applicant to make an application to the Ministry of Natural Resources for a p Species Act. The final outcome of this permitting process will a appropriate land use designation through a separate Official Plan and Zoning Process. In this regard, staff is proposing that the portion of the plan comprising Block 33 remain in an Agriculture (A-1) zone. Once the permit is complete, a separate Official Plan Amen Zone Change with the appropriate supporting information will be required to determine the land use designation which could result in a Natural Heritage Conserv Residential designation or combination thereof. A significant amount of work has been done in this area in order survival of the Species at Risk. The applicant is proposing to p wildlife corridor that will connect the vernal pool on the Cook pond at Fischer Hallman Road to provide for species dispersal as part of the ESA permit. In addition, the applicants are funding further study of the specie the species and understand the best means to protect the species The Permit under the ESR Act will outline any mitigative or prot protect the species at risk from any impacts of development and approved by the Ministry of Natural Resources under a separate p Agency Comments Any requirements have been addressed or are included as conditio Subdivision approval. 4 - 40 Community Input In response to the preliminary circulation of the applications, one written response from an adjacent landowner. The comment included concern over no Road traffic, increased population in an area with insufficient community, and the need for a senior public school. In response to this staff has the following response. As part of subdivision noise studies and traffic studies were required. The that is related to traffic along Bleams Road and whether a noise the north on the other side of Bleams Road, which is a Regional application. Recommendations about noise were made by the noise these will be implemented at the site plan stage and through app This community is being planned as a complete community with ame centre, library parks and a J-K to grade 8 school. Public commen A second letter was received from an adjacent landowner/developer and/questions over grades, servicing and details of the overall been incorporated into draft plan conditions where appropriate a staff has had and continues to have ongoing discussions with the . 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 applicati development of a compact, walkable and transit supportive commun Secondary Plan area. Through the intensification of the propertya range of housing types at an overall low intensity of use in close proximity to parks, open spaces and a school is provided for. This aligns with the Kitchener Strategic Plan as it ensures the imple priority - and further ensures achievement of desirable quality of life in is complete community. 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: The plan was circulated and advertised in accordance with the Inform and Consult sections 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 o of the applications. In response to the circulation of the draftand Zone Change applications staff received one written response. Comments have been addressed in the Community Input Section of this report. Notice of the Public The Record on May 30, 2014. CONCLUSION: The issues identified through the preliminary circulation have b draft Plan of Subdivision approval, as necessary, or as special 4 - 41 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-09201 and Zone Change application ZC09/04/F/JVW be approved by Council. Reviewed By: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Attachments -law and Map 1 4 - 42 CSD-14-052 - Appendix A 4 - 43 CSD-14-052 - Appendix B 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 Big Springs Farms Limited1255-1291 Fischer Hallman 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 Number 95 -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 Resi 2. Schedule Numbers 64, -law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land as Area 2 on Map No. 1, attached hereto, from Agricultural Zone Zone (R-6). 3. Schedule Numbers 64 and 65 -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) with Special Regulation Provision 1R to Residential Six Zone (R-6) . 4. Schedule Numbers 64 and 94 -law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land as Area 4 on Map No. 1, attached hereto, from Agricultural Zone 1) to Residential Eight Zone (R-8). 5. Schedule Numbers 64, 65, 93 and 94 -law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified 4 - 44 CSD-14-052 - Appendix B on Map No. 1, attached hereto, from Agricultural Zone (A-1) with Special Regulation Provision 1R to Residential Eight Zone (R-8). 6. Schedule Numbers 93 and 94 -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 Re 7. Schedule Numbers 93 -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) with S 1R to Residential Nine Zone (R-9). 8. Schedule Numbers 94 and 95 of -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 Low Corridor Zone (MU-1). 9. Schedule Numbers 94 and 95 of -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 Public Park Zone (P-1). 10. Schedule Number 94 of -law 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrate10 on Map No. 1, attached hereto, from Agricultural Zone (A-1) with Special Regulation Provision 1R to Public Park Zone (P-1). 11. Schedule Numbers 94 and 95 of -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 Ope). 12. Schedule Numbers 93, 94 and 95 of -law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified a12 on Map No. 1, attached hereto, from Agricultural Zone (A-1) with Special Regulation Provision 1R to Hazard Land Zone (P-3). 13. -law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified a 4 - 45 CSD-14-052 - Appendix B Map No. 1, attached hereto, from Agricultural Zone (A-1) with Sp 1R to Hazard Land Zone (P-3). 14. -law 85-1 are hereby further amended by incorporating additional zone boundaries as shown on hereto. PASSED at the Council Chambers in the City of Kitchener this day of 2014. _____________________________ Mayor _____________________________ Clerk 4 - 46 CSD-14-052 - Appendix B 4 - 47 CSD-14-052 - Appendix C 4 - 48 CSD-14-052 - Appendix C 4 - 49 CSD-14-052 - Appendix C 4 - 50 CSD-14-052 - Appendix C 4 - 51 CSD-14-052 - Appendix C 4 - 52 CSD-14-052 - Appendix C 4 - 53 CSD-14-052 - Appendix C 4 - 54 CSD-14-052 - Appendix C 4 - 55 CSD-14-052 - Appendix C 4 - 56 CSD-14-052 - Appendix C 4 - 57 CSD-14-052 - Appendix C 4 - 58 CSD-14-052 - Appendix C 4 - 59 CSD-14-052 - Appendix C 4 - 60 CSD-14-052 - Appendix C 4 - 61 CSD-14-052 - Appendix C 4 - 62 CSD-14-052 - Appendix C 4 - 63 CSD-14-052 - Appendix C 4 - 64 CSD-14-052 - Appendix C 4 - 65 CSD-14-052 - Appendix C 4 - 66 CSD-14-052 - Appendix C 4 - 67 CSD-14-052 - Appendix C 4 - 68 CSD-14-052 - Appendix C 4 - 69 CSD-14-052 - Appendix C 4 - 70 CSD-14-052 - Appendix C 4 - 71 CSD-14-052 - Appendix C 4 - 72 CSD-14-052 - Appendix C 4 - 73 CSD-14-052 - Appendix C 4 - 74 CSD-14-052 - Appendix C 4 - 75 CSD-14-052 - Appendix C 4 - 76 CSD-14-052 - Appendix C 4 - 77 CSD-14-052 - Appendix C 4 - 78 CSD-14-052 - Appendix C 4 - 79 CSD-14-052 - Appendix C 4 - 80 CSD-14-052 - Appendix C 4 - 81 CSD-14-052 - Appendix C 4 - 82 CSD-14-052 - Appendix C 4 - 83 CSD-14-052 - Appendix C 4 - 84 CSD-14-052 - Appendix C 4 - 85 CSD-14-052 - Appendix C 4 - 86 CSD-14-052 - Appendix C 4 - 87 CSD-14-052 - Appendix C 4 - 88 CSD-14-052 - Appendix C 4 - 89 CSD-14-052 - Appendix C 4 - 90 CSD-14-052 - Appendix C 4 - 91 CSD-14-052 - Appendix C 4 - 92 CSD-14-052 - Appendix C 4 - 93 CSD-14-052 - Appendix C 4 - 94 CSD-14-052 - Appendix C 4 - 95 CSD-14-052 - Appendix C 4 - 96 CSD-14-052 - Appendix C 4 - 97 CSD-14-052 - Appendix C 4 - 98 CSD-14-052 - Appendix C 4 - 99 CSD-14-052 - Appendix D 4 - 100 CSD-14-052 - Appendix D 4 - 101 CSD-14-052 - Appendix D 4 - 102 CSD-14-052 - Appendix D 4 - 103 CSD-14-052 - Appendix D 4 - 104 CSD-14-052 - Appendix D 4 - 105 CSD-14-052 - Appendix E 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 ZONING BY-LAW AND A DRAFT APPROVED PLAN OF SUBDIVISION UNDER THE APPLICABLE SECTIONS 34 AND 51 OF THE PLANNING ACT 1255-1291 Fischer Hallman Road The City of Kitchener has received a zone change applications fo lands. The lands are being rezoned from Agriculture Zone (A-1) a Residential Four Zone (R-4), Residential Six Zone (R-6), Residen Intensity Mixed Use Corridor Zone One (MU-1), Public Park Zone ( (P-3). This will permit a wide range of residential uses including sin dwellings as well as high rise dwelling units. In addition, the centre/library, public parks, open space and mixed used developm 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 4 - 106