Loading...
HomeMy WebLinkAboutCSD-14-070 - Subdivision, Official Plan Amendment & Zone Change - 150 Amand Drive REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: August 11, 2014 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 21, 2014 REPORT NO.: CSD-14-070 SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-08202 ZONE CHANGE APPLICATION ZC08/10/A/JVW OFFICIAL PLAN AMENDMENT OP/14/03/A/KA 150 AMAND DRIVE OWNER: MATTAMY (WESTMOUNT) LIMITED ________________________________________________________________ EXECUTIVE SUMMARY: Mattamy (Westmount) Limited is seeking approval of a draft Plan Amendment and a Zone Change to allow the subject lands to be dev subdivision designed in accordance with the Rosenberg Secondary includes low-rise residential, a storm water management pond and Staff are in support of the proposed Plan of Subdivision, Zone Change application and Official Plan Amendment subject to the conditions outlined in this report Subject Lands Location Map 3 - 1 RECOMMENDATION: A. That Official Plan Amendment Application OP14/03/A/KA for Mattamy (Westmount) Limited at 150 Amand Drive requesting a change to the Rosenberg Secondary Plan to reorient the school block on the parcel of land specified and illustrated as be adopted, in the form shown in the Official Plan Amendment attached to Report CSD-14-070A and accordingly forwarded to the Region of Waterloo for approval; AND B. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-08202 in the City of Kitchener, for Mattamy (Westmount) Limited, subject to the conditions attached to Report CSD-14-070 as B C. That Zone Change Application ZC08/10/A/JVW for Mattamy (Westmount) Limited for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Four Zone (R-4), Residential Six Zone (R-6), Public Park Zone (P-1), Open Space Zone (P-2), Hazard Land Zone (P-3) and Neighbourhood Institutional Zone (I-1) with site specific special provisions be approvedin the form shown in the d By-July 18, 2014attached to Report CSD-14-070as CAND FURTHER D. That the closure of the redundant portion of Amand Drive be approved in principle, and that Legal Services be instructed to proceed with the preparation of a By-law and advertising in the local newspaper for the closing of the road. The road closure shall be subject to the following conditions: a. That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to close that portion of Amand Drive and convey a licence to the owners of 1905 Huron Road to cross over the lands to access the rear of their property; b. That the subdivider be responsible for all of the costs related to the road closure, including but not limited to City legal fees, registration, and advertising associated with the closure of the road, including preparation of the required reference plan; and, c.That aroad closing By-law be enacted by Council. BACKGROUND: The subject lands are owned by Mattamy (Westmount) Limited and a Rosenberg community. A previous owner applied for draft approva and a Zone Change in 2008. These applications were subsequently appealed a considered through the overall planning for the Rosenberg Commun and completion of the Rosenberg Secondary Plan, revised applicat Mattamy (new owner) in the spring of 2013. The subject lands are 10.075 Wildflowers Subdivision (30T-08201), which received draft approval from the 18, 2012. The applicant is proposing to develop the lands with 63 residential dwellings, roads which connect the local street system, part of a public sc greens, open space, and a stormwater management pond. 3 - 2 REPORT: Policy Conformity Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) sets the policy foundation and use of land. The PPS promotes building healthy, liveable an policies promote the efficient development of lands; the provisi institutional lands, parks and open spaces to meet long-term nee may cause environmental, public health or safety concerns; and p support active transportation, including the provision of trails supportive. Policies require natural heritage features to be pro function and biodiversity of natural heritage systems is maintai proposed development is consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are within the designated greenfield area as d for the Greater Golden Horseshoe. The Growth Plan promotes deve complete communities, creates street configurations that support services and which creates high quality public open spaces that walking and cycling. The subject applications comply with the p Regional Official Policies Plan The subject lands are within the Urban Area established in the R (ROPP). Regional policies support the development of complete c development patterns and densities that support walking, cycling supports establishing a network of sidewalks, trail and bicycle convenient links within the neighbourhood and to other neighbour that the proposal, subject to the recommended conditions, satisf City of Kitchener Growth Management Plan (KGMP) applications and development of these lands. Proposed Official Plan Amendment The urban area. Rosenberg is envisioned as being a complete communi urban design, connectivity, providing high quality parks and gre choice in housing and modes of transportation for residents. Th Low Density Residential One, Low Density Residential Two, Neighb Natural Heritage Conservation. The plan also identifies Seabroo policies require special attention to streetscape and built form are included in this regard. An Amendment to the Rosenberg Secondary Plan is required in supp subdivision to shift the school site west of the approved school Amand Drive and Seabrook Drive. As discussed in the proposed Of the amended school location will continue to achieve the policies of the Rosenberg Secondary Plan. Staff Amendment be adopted by Council and forwarded to the Region of W The proposed Plan of Subdivision and associated zoning comply with o policies of the Rosenberg Secondary Plan. 3 - 3 An Amendment to the Final New Official Plan is not required at t Secondary Plans, including the Rosenberg Secondary Plan, are not adoption into the Final New Official Plan at this time, and are Proposed Zone Change The subject lands are zoned Agricultural Zone (A-1). The applic zoning as follows: Area 1: Residential Four Zone (R-4) with Special Regulation Provisions 604R, 605R and 612R to permit single detached dwellings, semi-detached dwellings, duplex dwellings, home day cares and home businesses. The Special Regu further described below. Area 2: Residential Six Zone (R-6) with Special Regulation Provisions 604R, 606R and 612 to permit single detached dwellings, semi-detached dwellings, duplex dwellings, street fronting townhouses, low-rise multiple dwellings, home day cares and home businesses. The Special Regulations are further described below. Areas 3 & 7: Neighbourhood Institutional Zone (I-1) with Special Use Provision 437U to permit the elementary school site. The Special Use Provision will requ developed with other institutional uses only (not residential uses) should the elementary school not proceed. The Special Use Provision will also be added to Area 7, which is the portion of the school site located within Plan of Subdivisio 30T-08201, to ensure the entire school site has the same zoning. Area 4: Public Park Zone (P-1) for multi-use pathways. Area 5: Open Space Zone (P-2) for open space and buffers to the Area 6: Hazard Land Zone (P-3) for the stormwater management pond. The Special Regulation Provisions proposed to be added to the re for the neighbouring Mattamy subdivision (30T-08201) and receive Municipal Board. Their intent is to provide for intensive devel by providing for reductions to regulations such as lot width, se also proposed to be developed by Mattamy and the zoning regulati consistent streetscape along those streets which continue from t onto these lands. Continuation of these regulations will create consistency and pr this neighbourhood. Staff are of the opinion that the special r quality of the community being developed, and subject to the imp Plan and Priority Lotting Plans, staff expect that the streets a. Subdivision Design The subject lands will complete the larger Mattamy community whi approved Plan of Subdivision 30T-08201. This community is envisioned to be a pedestrian and transit supportive neighbourhood that will integrate well with t compatible with adjacent land uses. The community will be chara to medium density residential units, with higher density develop Hallman transit corridor. The subject lands are located at the and are proposed to contain low-density residential uses (45-63 and a large stormwater management pond. A great deal of the lands in this subdivision (nearly 3 - 4 80%) are dedicated to institutional and public uses including a pond, open space, streets and multi-use pathways. Urban Design Guidelines were prepared in support of the proposed Mattamy community). Objectives of thi Suburban Development and the policies of the Rosenberg Secondary the development is well designed and achieves walkability, varie connectively, safety, liveability, balance and is transit suppor Official Plan Amendment, the school site is located in an access site allows the building to be sited at the intersection of Seab will serve as a focal point within the community, helping to cre Streets within the subdivision are planned to incorporate on-str sidewalks and traffic calming features. A multi-use pathway is of Amand Drive, which will provide for a continuous off-street w anticipated that this corridor would be further extended north t Amand Drive is extended. Approval of a Streetscape Plan is required through the standard conditions of subdivision approval. Environment The subject property can be characterized as predominantly culti adjacent rural residences and associated landscaping. It is loca Subwatershed. Two woodlands are associated with this property o the subject property. They can be described as primarily upland forest. Both of these woodlands are considered a Core Environmen Woods ESPA #82). In order to appropriately protect, preserve and enhance these features, a 30 metre buffer is identified in the Alder Creek Watershed Study an Watershed Study. The dedication of Block 12 to the City will co feature located east of the proposed subdivision in Draft Approv08201. The subdivider also proposes a 30 metre buffer to the portion of lands which will provide for grade transition to the stormwater manage ultimately be naturalized. Environmental Planning Staff are sat 20m/10m concept proposed for this plan. Stormwater Management Stormwater for the subject lands will be directed toward a new s This facility has been sized to accommodate flows from the subje plan 30T-08201. Sanitary/Water Servicing All lots will be serviced with municipal sanitary sewers and mun accordance with City standards. Engineering Services staff have sufficient servicing capacity. Transportation and Traffic Transportation Planning staff are satisfied with the layout of s Access to these lands is provided through adjacent plan 30T-0820 widths will be consistent with those in the neighbouring plan. 3 - 5 Amand Drive and Seabrook Drive. Transit stops are planned to be near Amand Drive. Sidewalks or multi-use pathways will be provi An On-Street Parking Plan is required through conditions of appr sufficient parking within this neighbourhood. Special considera vicinity of the proposed elementary school, and on-street parkin school frontages, and limited to non-school hours across from sc measures such as curb extensions will be provided on Amand Drive Seabrook Drive, and a neighbourhood scale round-about will be lo Amand Drive and Seabrook Drive. Parkland, Multi-Use Pathways and Open Space The Rosenberg Secondary Plan designated locations for urban gree parks and Multi-Use Pathways throughout the subdivision. Parkla land at 5% and includes two park spaces on either side end of th pond. These spaces will be combined with corresponding lands in 30T park space containing sections of the multi-use trail. Open Spa core environmental feature to the west is also being provided be the stormwater management pond. Amand Drive Closure Amand Drive is proposed to be realigned through the Mattamy comm recommending that the redundant portion of Amand Drive be closed Drive is rebuilt. Recommendations and conditions have been incl Two property owners currently use the section of Amand Drive as a private road and privately owned woodlot. Both property owners secondary access to the woodlot. Mattamy has agreed to convey t lane (Blocks 4 and 5) to adjacent property owners through the co owner of 1905 Huron Road is contemplated to be granted access by way of a licence, over a future City owned parcel south of the proposed stormwater manage adjacent plan of subdivision 30T-08201). The owner of 1478 Trussad is contemplated to be provided a private driveway from Amand Drive directly to the 30T-08201). Staff have met with the affected property owners and they are in proposed solution. In order to protect the woodlot, fencing will be erected along t road and the open space buffer, with the provision of locked gat, while prohibiting the general public to access the private road Agency Comments Any requirements have been addressed or are included as conditio Community Input Most comments received from property owners requested notificati and/or provide comments with respect to the related subdivision 30T-08201. Staff note that the owner of 1705 Huron Road provided comments on the 2008 circulati sold their property to Mattamy, and these lands have been incorp neighbouring property owner requested that a fence be erected along the edge of the woodlot to prevent dumping. This request can be accommodated, and a fence 3 - 6 open space blocks and the edge of the woodlot to prevent access the privately owned woodlot. Planning Analysis: In considering the foregoing, staff are supportive of the propos Official Plan Amendment and Zone Change. Staff are of the opinio adjustments to the Rosenberg Secondary Plan are appropriate for school site and neighbourhood. The proposed plan of subdivision community, and the zoning provides for a consistent application contemporary, well-designed subdivision. The subject applicatio Provincial Policy Statement, Growth Plan for the Greater Golden Official Policies Plan. Staff are of the opinion that the propos Official Plan Amendment and Zone Change represent good planning. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will ali Plan as it aligns with the Community Priorities: Development and Draft Plan, Official Plan Amendment and Zone Change applications this mixed use community. Features of the plan including multi cycling lanes will help provide for a sustainable healthy community for residents. Environmental features such as buffers to natural areas and infiltration galle and improve the environment for the benefit of residents. FINANCIAL IMPLICATIONS: Upon registration, there will be ongoing operations costs for th stormwater management pond, parks, multi-use pathways, walkways, underground services, and other infrastructure which is being de In the long term, there will be repair and replacement costs for streets, si COMMUNITY ENGAGEMENT: INFORM & CONSULT- The proposed draft plan of subdivision was ori property owners within 120 metres of the subject lands in June 2 circulation staff received responses from six property owners. 2008 as well. The applications were put on hold until 2013 to a Rosenberg Secondary Plan. The application was revised to reflec Plan and was recirculated to all property owners within 120 metr 2013. In response to the recirculation, staff received no furthAs a year has lapsed since the last re-circulation was undertaken, a court will be circulated to all property owners within 120 metres of t Public Meeting will be given in The Record on July 18, 2014. This report will be posted to the CONSULT & COLLABORATE staff have met with the owners of 1905 Huron Road and 1478 Trussler Road (who are directly impacted by the proposed realign have reached a solution, as described in the report, to allow co owned lane and woodlot. 3 - 7 CONCLUSION: Based on the foregoing, the Draft Plan of Subdivision, Official Change applications are appropriate and represent good planning. completion of this portion of the community and provide lands fo The issues identified through the preliminary circulation have b approval, as necessary. The lands are identified in the Kitchene consideration of draft approval, the plan represents proper and and considers the criteria identified in Section 51(24) of the P land. This plan meets density requirements as set out in the Ci policy and incorporates urban design principles. Therefore, it applications be approved subject to conditions outlined in this REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Mark Hildebrand, Acting Deputy CAO (Community Services) Appendices A Proposed Official Plan Amendment and Schedules B Conditions of Draft Approval and Proposed Draft Plan C Proposed Zoning By-law & Map 1 D Newspaper Notice E Agency Comments F Neighbourhood Comments 3 - 8 A Proposed Official Plan Amendment AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER MATTAMY (WESTMOUNT) LIMITED 150 Amand Drive 3 - 9 A Proposed Official Plan Amendment AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER MATTAMY (WESTMOUNT) LIMITED 150 AMAND DRIVE INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of August 11, 2014 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee August 11, 2014 APPENDIX 3 Minutes of the Meeting of City Council August 25, 2014 3 - 10 AMENDMENT NO. XXTO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT The purpose of this Official Plan Amendment is to amend the existing Neighbourhood Institutional designation in the Rosenberg Secondary Plan to provide for the proposed location of the public school. SECTION 3 BASIS OF THE AMENDMENT The Rosenberg Secondary Plan currently identifies a school site south of and with frontage on Seabrook Drive. The school is located adjacent to the neighbourhood park. Mattamy (Westmount) Limited is proposing to locate a public elementary school west of the approved school location, at the intersection of Amand Drive and Seabrook Drive. The proposed school site was developed in consideration of the needs of the Waterloo Region District School Board (WRDSB). The WRDSB has indicated they are supportive of the location, size and orientation of the parcel. The school site was shifted to the west for a number of reasons. First, the school board has indicated that wherever possible they require a minimum separation distance of 200 metres from a gas pipeline. A major gas pipeline runs parallel to Ludolph Street in the Rosenberg Community, and the school location is within this 200 metres of the pipeline. In order to accommodate a school location outside the preferred separation distance, the site must be shifted to the west. While a portion of the school site is still less than 200 metres from the pipeline, the school building can be located outside the preferred separation distance. The WRDSB has indicated that they are satisfied with the separation distance. The WRDSB has also indicated that they require a larger school site than was originally shown in the secondary plan. The Secondary Plan anticipated a school site having a size of 2.4 hectares, while the proposed school site is 2.9 hectares. The WRDSB has indicated that they are satisfied with the proposed parcel size. The location of the school has also been impacted by the approved layout and design of neighbouring subdivision 30T-08201, which has incrementally impacted the school site and influenced the proposed shift to the west.Such changes include the approved location of Ludolph Street,which is located about 30 metres west of the approved location; the spacing and layout of streets south of the park and school site, which have resulted in a horizontal orientation of these parcels, rather than avertical orientation as originally anticipated; and the introduction of residential uses along the south side of Seabrook Drive. In order to achieve the size of the school site required by the board, all these factors have influenced the shifting of the site to the west. Policies of the Rosenberg Secondary Plan speak to locating schools centrally so that they are accessible and walkable to each neighbourhood, integrating schools into the community at landmark locations that may serve as focal or destination points, and in locations that will allow as many children as possible to walk or cycle to school. Staff are of the opinion that that the proposed shift continues to provide for a centrally located school site, and a school and park that together will create a central destination within the greater community. The proposed site is easily accessible, and the school board has indicated that the revised location will not impact walkability for students. From an urban design and neighbourhood design perspective, the proposed location at the intersection of Amand Drive and Seabrook Drive forms a prominent intersection in the community and will allow for a building location and design that will help to frame and address this intersection. 3 3 - 11 While the school will be located at the intersection of two major collector roads, it is not expected that there will be any residential dwellings west of Amand Drive. Therefore, students will not need to cross Amand Drive to walk to school. Transportation Services staff have also indicated that parking will be prohibited at all times, along the school frontage on both Seabrook Drive and Amand Drive. On-street parking will be limited to non-school hours on the opposite sides of these streets to discourage student drop-offs from occurring on these roads. School bus zones and on-site traffic circulation will be addressed in detail through the Site Plan process for the proposed elementary school site. In conclusion, the proposed school location will allow the school to continue to achieve the objectives of the Rosenberg Secondary Plan. Based on the foregoing, the proposed amendment is considered appropriate for the development of the land. The amendment complies with the Regional Official Policies Plan, is consistent with the Provincial Policy Statement Growth Plan for the Greater Golden Horseshoe SECTION 4 THE AMENDMENT 1. The City of Kitchener Official Plan is hereby amended as follows: a) MapNos. 22a and 22e are amended as shown on the attached Schedules A 4 3 - 12 A Proposed Official Plan Amendment APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of August 11, 2014 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED PLAN OF SUBDIVISION AND AMENDMENTS TO THE KITCHENER O ZONING BY-LAW UNDER THE SECTIONS 17, 22, 34 AND 51 OF THE PLANNING ACT 150 Amand Drive The City of Kitchener has received applications for Draft Plan o Zone Change to permit the lands to be developed with a low rise 10 hectares in size and are proposed to be developed with single d school, a stormwater management pond and open space. The Official Plan Amendment accommodates a reorientation of the school site. The lands are proposed to be 6, park and natural lands zones P-1, P-2 and P-3, institutional well as adding associated special use and regulation provisions. Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, August 11th 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 or in opposition to, the above noted proposals. at this public meeting or make a written submission prior to approval/refusal of these proposals,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 contained in the meeting agenda (posted 10 days before the meetiwww.kitchener.ca - click on the date in the th Calendar of Events and select the appropriate committee), or in Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p Katie Anderl , Senior Planner - 519-741-2200 ext. 7987 (TTY: 1-866-969-9994), katie.anderl@kitchener.ca 969-9994), katie.anderl@kitchener.ca 3 - 13 A Proposed Official Plan Amendment APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee August 11, 2014 3 - 14 A Proposed Official Plan Amendment APPENDIX 3 Minutes of the Meeting of City Council August 25, 2014 3 - 15 3 - 16 ! ! 3 - 17 B Conditions of Draft Approval and Proposed Draft Plan 1. That this approval applies to Plan of Subdivision 30T-08202 for Limited as shown on the attached Plan of Subdivision prepared by dated July 15, 2014, which shows the following: Block 1 Stormwater Management Blocks 2, 3 & 13 Open Space (buffer) Blocks 4 5 Private Laneway Blocks 6, 11, 12, Single Detached Residential 14-17, 19, 21 23 45-63 units Blocks 7, 8, 24, 25 Future Development (Single Detached) Blocks 9, 10 Temporary Emergency Access/Walkway Block 18 School Block 20 Walkway Blocks 26, 27 Park (Urban Green) Blocks 28 32 0.3m Reserve Total Units: 45-63 units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City Standard Residen approved by City Council, respecting those lands shown outlined Subdivision dated July 15, 2014. The following standard conditions shall be deleted from the City Standard Residential Subdivision Agreement: 6.11. The conditions shall be added to the City Standard Residential Subdi Part 2 Prior to Grading 2.16 The SUBDIVIDER shall provide confirmation to the satisfact Engineering Services that any on site monitoring wells, existing septic systems within the lands proposed to be graded have been in accordance with Ministry of Environment standards, to the sat 2.17 The SUBDIVIDER agrees to implement the findings and recomme Scoped Hydrology Investigation SWM Pond 3, Doehn Lands (Mattamy Trillium Community) 30T-08202, prepared by LVM, April 9, 2013, to the sat Investigation, the SUBDIVIDER shall specify over-excavation and removal of the silt soil layer(s) and replacement with granular soils to allow verti infiltration water at the time of construction. Part 3 Prior to Servicing 3.2 The SUBDIVIDER agrees to acquire a qualified Engineering Con prepare a detailed engineering design and report for storm water Regional Municipality of Waterloo and those appl of Engineering Services at the time of draft approval. In addition, the SUBDIVIDER shall have landscape plans for the s management pond, which shall include four seating/lookout areas nd the buffers to natural features, prepared by a Landscape Architect and cross-si 3 - 18 B Conditions of Draft Approval and Proposed Draft Plan of Operations, in consultation with Director of Engineering Services and the Regional Municipality of Waterloo, and to obtain therefrom, approval of such plans. 3.18 Prior to Servicing or Registration, whichever shall occur prepare a detailed engineering design for Storm Water Management Engineering Services in consultation with the Grand River Conser and the Regional Municipality of Waterloo. The Stormwater Manage shall be in accordance with the Comprehensive Storm Water Manage Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and th Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL The approved engineering design for Storm Water Management will maintenance program for a period of 2 years after 95% of the pon has been built out, which will ensure stormwater management faci Director of Engineering Services. Any maintenance required during this period, prior to the municipali facilities, shall be at the sole expense of the SUBDIVIDER. 3.19 Prior to Servicing or Registration, whichever shall occur fDER agrees to submit, obtain approval of, and implement a during and environmental monitoring program concurrent with the Detailed Ve Regional Municipality of Waterloo. The monitoring plans shall address the outlined in the Environmental Implementation Report (EIR), Ecoplans Limited (September 2007) amended by: EIR Addendum (October 2009); Memo Re:Mattamy Trillium Community, Kitchener EIR Addendum re: Setbacks (September 2011); and EIR Addendum 3: Doehn Property (April 2013). This will include biological monitoring and any additions or modifications identified by the or Regional Municipality of Waterloo as part of the final review and approva program. The SUBDIVIDER further agrees to implement any restoration, reme mitigation measures arising from the monitoring deemed necessary and/or the Region as a result of the aforementioned monitoring p of Planning in consultation Regional Municipality of Waterloo. 3.20 Prior to Servicing the SUBDIVIDER agrees to provide a Lette cent of the costs of the upgrades for winter by-pass including d construction costs to the satisfaction of the Director of Engine consultation with the Regional Municipality of Waterloo and the Conservation Authority. 85% of the Letter of Credit will be reimbursed after 95% of the pond catchment area is stabilized (meaning buildings are con lot/blocks are sodded/vegetated) and following two consecutive y quality results with respect to chloride levels that meet accept The balance of the Letter of Credit (15%) will be released when assumes the Stormwater Management facilities. 3 - 19 B Conditions of Draft Approval and Proposed Draft Plan 3.21 Prior to Servicing or Registration which ever shall occur f agrees to provide a detailed sanitary servicing report and to ma satisfactory to the Director of Engineering Services for a sanit connection to the Middle Strasburg Trunk Sanitary Sewer. The SU further agrees that where any upgrades are required to any local connect these lands to the trunk sewer will be at the sole cost Where there are multiple land owners benefitting from the upgrad and/or trunk sewers, cost sharing arrangements may be made betwe owners for the costs of upgrading both the local and trunk sanit arrangements are made, the SUBDIVIDER agrees to Engineering Services with written confirmation in this regard. 3.22 Prior to Servicing the SUBDIVIDER shall provide a letter of the estimated cost of the approved stormwater management infiltr The Letter of Credit will be released two years after 95% of the is stabilized (meaning buildings are constructed and lot/blocks sodded/vegetated) and the SUBD infiltration facilities are functioning as intended and approved 3.23 The SUBDIVIDER agrees to complete the detailed design and t construction of services development of the adjacent Mattamy Subdivision (30T-08201) as s Rosenberg Secondary plan. The SUBDIVIDER further agrees that ove sharing of services may be required and that a 0.3m reserve will connecting roads until cost sharing arrangements are agreed to. 3.24 The SUBDIVIDER may make arrangements with adjacent land own subsequent owner Plan of Subdivision 30T-08201) for the provisio any services mutually required to service these lands. If such made, the SUBDIVIDER agrees Services written confirmation in this regard prior to servicing. 3.25 The SUBDIVIDER agrees to provide a third pipe system and re supply adjacent Woodlot S2a-2 with surface runoff flows from adj Subdivision 30T-08201, as per Trillium Community-Doehn Lands, Ro Secondary Plan, Preliminary, Storm Water Management Report, Marc and the approved Trillium Community, Rosenberg Secondary Plan, F Stormwater Management Report, September 2012, updated July 2013, 3.26 Prior to Servicing or Registration, whichever shall occur f prepare an On- Servi-Street Parking Plan shall -Street Parking Policy and shall generally provide for one on-street parking space for every two dwelling u reasonable. Other options such as driveway length, garage space 3 - 20 B Conditions of Draft Approval and Proposed Draft Plan parking facilities and/or parking along park frontages should be accordance with CITY policy. 3.27 Prior to Servicing or Registration, whichever shall occur first confirm that the servicing drawings are coordinated with the On- Lotting Plan, Streetscape Plan and Master Tree Planting Plan req agreement. 3.28 Prior to Servicing or Registration, whichever occurs first, submit a functional design for the implementation of bicycle lan and intersection curb extensions on both sides of Seabrook Drive in accordance with the Streetscape Plan, Lotting Plan and On-str, and a multi-use pathway on the western side of Amand Drive, to t Transportation Services and Director of Operations. 3.29 Prior to Servicing or Registration, whichever shall occur f agrees to receive final approval of a Priority Lotting Plan and Priority Lots The Design Guidelines for Priority Lots shall include, but not b following considerations: a) For Corner Priority Lots, building elevation drawings shall ens has been given to the design treatment along both road frontages lot/dwelling, including such items as the provision of porches, projections; secondary or angled door entries; horizontal articu masonry-style skirting along both the front and exterior side ya windows; increased building massing and height; and consideratio landscaping. b) For Terminating Vista Priority Lots, building elevation and bui shall ensure that the garage face is not the primary terminating oncoming street, instead utilizing the habitable portion of the pitch, landscaping, etc. 3.30 Prior to Servicing or Registration, whichever shall occur fER agrees to submit an operational analysis and functional design f Transportation Services. In addition, the SUBDIVIDER shall have plans for the centre isla Services and Director of Transportation Services. The SUBDIVIDER agrees to pay for ins approved design. 3.31 - rector of 3 - 21 B Conditions of Draft Approval and Proposed Draft Plan - conditions, and will be used to provide baseline information to 3.32 The SUBDIVIDER agrees to submit, obtain approval of and imp ng and response program. The program is to be Grand River Conservation Authority and the Regional Municipality g program is to ensure that the groundwater infiltration measures satisfy pre-development infilt specified in the Alder Creek Watershed and Upper Strasburg Creek Update CH2MHILL, 2008 report as well as the South west Urban Are Comprehensive Storm Water Management Strategy Prepared by AMEC ( 2011 as revised July 18, 2011) and that Chloride Impact assessm Reasonable Use Criteria of the Alder Creek Watershed and Upper S Subwatershed Update the GRCA and the Regional Municipality of Waterloo. 3.33 The SUBDIVIDER agrees to submit, obtain approval of, and im Storm Water Management Strategy Prepared by AMEC (June 22, 2011 July 18, 2011) and the. Alder Creek Watershed and Upper Strasb Subwatershed Update CH2MHILL, 2008 report as approved. The progr Grand River Conservation Authority and the Regional Municipality stormwater management facility continues to satisfy the current conditions for infiltration and to identify any specific additio be necessary to monitor, including but not limited to infiltrati will extend for two (2) years after full build out of the subdiv Regional Municipality of Waterloo. 3.34 The SUBDIVIDER further agrees to implement any remedial act necessary (including additional monitoring for 2 additional year levels exceed the Reasonable Use Criteria of Alder Creek Watersh Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as app including the design and installation of winter by-pass upgrade result of the aforementioned monitoring program at their sole ex g Services in consultation with the GRCA and the Regional Municipality of Waterloo. Part 4 Prior to Application Being Made for Any Building Permit 4.18 The SUBDIVIDER agrees to submit building elevation and/or b drawings for Corner Priority Lots and Terminating Vista Priority Lots as identified in the approved Priority Lotting Plan and Design Guidelines for Pri The SUBDIVIDER further agrees that 3 - 22 B Conditions of Draft Approval and Proposed Draft Plan dwellings shall be designed and constructed in accordance with t 4.19 The SUBDIVIDER agrees that prior to application being made Blocks 7, 8, 24 and 25, these blocks shall be consolidated with and held in i ownership as lands in adjacent plan of Subdivision 30T-08201 (Ma 4.20 The SUBDIVIDER shall construct the infiltration galleries o the Trillium Community-Doehn Lands, Rosenberg Secondary Plan, Pr Storm Water Management Report, March 2013 and revised May 2014, satisfaction of the 4.21 The SUBDIVIDER agrees to undertake any measures required to pressure to all lots and blocks within the proposed plan of subd 4.22 The SUBDIVIDER agrees that in accordance with the Noise Stud Trillium Community Doehn Lands, Rosenberg Secondary Plan, Preliminary Environmenta Noise AssessmentMTE Consultants Inc, dated March 2013 and last revised July 14, 2013, all dwelling units and/or sensitive uses Ministry of the Environment noise guidelines) adjacent to Amand 14, 18, 19 and 22 be constructed with a forced air-ducted heatin sized and designed to permit the future installation of a centra system by the occupants. Part 6 Other Time Frames 6.15 The SUBDIVIDER agrees that construction traffic to and from subdivision shall be restricted to using Amand Drive, or Seabroo Drive is not yet constructed, and prohibited from using any othe streets in the community. The SUBDIVIDER agrees to advise all r contractors, builders and other persons of this requirement with Director of Engineering Services. 6.16 Prior to occupancy, the SUBDIVIDER agrees to construct at s galleries where soils permit, to the satisfa Services. Installation of infiltration galleries shall be super expense and to the satisfaction of the CITYS Director of Engineering Services. 6.17 Prior to occupancy of the first unit being granted, the SUB the locations of all centralized mail receiving facilities to th SUBDIVIDER shall provide temporary suitable centralized mailbox may be utilized by Canada Post until curbs, boulevards and sidew constructed for the plan of subdivision. 3 - 23 B Conditions of Draft Approval and Proposed Draft Plan The SUBDIVIDER agrees to provide the City of Kitchener with evid satisfactory arrangements, financial and otherwise, have been ma Corporation for the installation of Community Mail Boxed (CMB) a Post Corporation, at the time of sidewalk and/or curb installati 6.18 That the SUBDIVIDER or subsequent Owner agrees to include t on all Agreement of Purchase and Sale, and/or Rental Agreements buyers, which advise: a) that the home/business mail delivery will be from a designated Mail Box; b) that identifies the exact Community Mail Box locations. The SUBDIVIDER further agrees that the location of all Community be shown on maps, information boards and plans, including maps d sales office. 6.19 That the SUBDIVIDER or subsequent Owner agrees to include t on all Agreement of Purchase and Sale, and/or Rental Agreements buyers that: a) Advises that there is a planned transit route through the neigh Further, the SUBDIVIDER agrees to provide an information pamphle website address to home buyers regarding Grand River Transit ser. b) Advises (as applicable) that fencing is being installed on Walk around Open Space Buffer blocks and that owners of said lots are from installing solid board or other like solid fences along the property line with Walkway Blocks and/or Open Space Buffer Block 6.20 That the SUBDIVIDER or subsequent Owner agrees to include t on all Agreement of Purchase and Sale, and/or Rental Agreements buyers: a) That notwithstanding the designation of an elementary school si provincial funding model provides sufficient funds to construct can be no assurance as to the timing of new school construction that elementary school accommodation will be provided within the prior to registration; and b) That until such time as a permanent school is assigned, and whethe Waterloo Region District School Board has designated this subdiv Development Area for the purposes of school accommodation, and despite th best efforts of the Board, sufficient accommodation may not be a anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may in the future have to be transferred to another school. 3 - 24 B Conditions of Draft Approval and Proposed Draft Plan 6.23 The SUBDIVIDER agrees to be responsible for all costs associated with the closure of the redundant portion of Amand Drive including but not limite registration fees, advertising associated with the closure, prep plans, and to complete physical works including the removal of the redundan of road bed and installation of landscaping, private access driveways, signage, fencing and lockable gates to the satisfaction of, and at timefr , Director of Planning and Director of Engineering Services. 6.24 The SUBDIVIDER or subsequent owner agree to prepare a Trans Director of Planning, prior to issuance of Site Plan Approval for the subject lands. 6.25 Immediately following registration, the SUBDIVIDER agrees t to the abutting privately owned lands and that title be taken in as the abutting lands. The deed for endorsement shall include t conveyance of Block 4 shall comply with Sections 50(3) and/or (5 Act, R.S.O 1990, c.P.13, as amended. Further, the SUBDIVIDER agrees to provide a Application Consolidation Parcels immediately following the regi Severance Deed and prior to any new applicable mortgages, and to of the registered Application Consolidation Parcels to the City reasonable time following registration. 6.26 That the SUBDIVIDER or subsequent Owner agrees to include t clause on all Agreement of Purchase and Sale, and/or Rental Agre buyers for all dwelling units and/or sensitive land uses adjacen within Blocks 6, 14, 18, 19 and 22: Purchasers/tenants are advised that sound levels due to increasi occasionally interfere with some activities of the building/dwel sound levels exceed the sound level limits of the Municipality a Environment. This building/dwelling unit has been designed with tral air conditioning by the occupant in low and medium density developme windows and exterior doors to remain closed, thereby ensuring th levels are within the sound level limits of the Municipality and Environment 6.27 That prior to issuance of Site Plan Approval for Block 18, subsequent owner of the lands agrees to complete a detailed road to be approved by the Region of Waterloo, to determine the detaie attenuation requirements from Amand Drive. Furthermore, the SUB subsequent owner agrees to implement any recommendations identif through the Site Plan Approval process Planning. This may include the incorporation of relevant condit Development Agreement. 3 - 25 B Conditions of Draft Approval and Proposed Draft Plan 2.2 That prior to the final approval of the plan to be registe the following: 1. That the City Standard Residential Subdivision be registered on 2. Director of Planning and to obtain approval thereof. 3. The SUBDIVIDER agrees to commute all local improvement charges any part of the land and to pay all outstanding taxes on the lan 4. The SUBDIVIDER shall install within the subdivision any require co-ordinate values and elevations thereon and submit for registr showing the location of monuments, their co-ordinate values, ele numbers as prescribed by the Surveyor General of Ontario. 5. The SUBDIVIDER shall make satisfactory arrangements with KITCHE HYDRO for the provisions of permanent electrical services to the the relocation of the existing services. Further, the Subdivider may include the payment of all costs associated with the provisi services and the removal of such services when permanent install possible. 6. The SUBDIVIDER shall make satisfactory arrangements for the pro permanent telecommunications services to the subdivision and/or the existing services. Further the SUBDIVIDER acknowledges that the payment of all costs associated with the provision of tempor removal of such services when permanent installations are possib 7. The SUBDIVIDER shall make arrangements for the granting of any required for utilities and municipal services. The SUBDIVIDER a with the following easement procedure: a) to provide copies of the subdivision plan proposed for registratio reference plan(s) showing the easements to the Kitchener-Wilmot Planning. b) to ensure that there are no conflicts between the desired locat utility easements and those easement locations required by the C Director of Engineering Services for municipal services; c) to ensure that there are no conflicts between utility or muni easement locations and any approved Tree Preservation/ Enhanceme Plan; d) if utility easement locations are proposed within lands to be c or presently owned by the CITY, the SUBDIVIDER shall obtain prio written approval from the CITY'S Director of Pla 3 - 26 B Conditions of Draft Approval and Proposed Draft Plan Director of Engineering Services, or, in the case of parkland, t General Manager of Community Services; and e) to provide to the CITY'S Director of Planning, a clearance lett Kitchener-Wilmot Hydro, telecommunication companies (Bell and Rogers). Such letters shall state that the respective utility c received all required grants of easement, or alternatively, no e are required. 8. The SUBDIVIDER shall dedicate all roads, road widenings and pub the appropriate authority, by the registration of the Plan of Su 9. The SUBDIVIDER agrees to convey to the CITY, at no cost and fre encumbrance, the following lands for the purposes set out below: a) Block 1 for stormwater management; b) Blocks 2, 3 and 13 as open space (buffer); c) Blocks 9 and 10 as temporary emergency access/walkway; d) Block 20 as walkway; e) Blocks 26 and 27 as park (urban green); f) Blocks 28 - 32 for 0.3m reserves. 10. The SUBDIVIDER shall erect and maintain a subdivision billboard Director of Planning. The information for this subdivision may Subdivision Billboard Sign required for 30T-08201. The SUBDIVID that a Sign Permit is required for the subdivision billboard sig be erected and designed in accordance with the following criteri a) The sign shall be located outside the required yard setbacks applicable zone and outside the corner visibility triangle, with b) The sign shall have a minimum clearance of 1.5 metres, a max height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the including, without limiting the generality of the foregoing, app layout, including emergency access roads, zoning, lotting and sp land uses, types of parks, storm water management areas, trail l walkways, potential or planned transit routes and bus stop locat centralized mail facility locations, notification regarding cont sites and which advises prospective residents that students may directed to schools outside the neighbourhood, noise attenuation measures, environmentally sensitive areas, tree protection areas buffer/landscaping areas, water courses, flood plain areas, rail and hazard areas and shall also make general reference to land u adjacent lands including references to any formal development d) Approved subdivision billboard locations shall be conveniently to the public for viewing. Low maintenance landscaping is requir around the sign and suitable parking and pedestrian access may b required between the sign location and public roadway in order t 3 - 27 B Conditions of Draft Approval and Proposed Draft Plan convenient accessibility for viewing; and e) The SUBDIVIDER shall ensure that the information is current as date the sign is erected. Notice shall be posted on the subdivis billboard signs advising that information may not be current and updated information, inquiries should be of Development and Technical Services. 11. The SUBDIVIDER shall satisfy the total parkland dedication for the conveyance of Blocks 2, 25 and 26 to the CITY, at no cost an encumbrance. The CITY shall also accept conveyance of Block 446 (Stage 2) and Block 54 (Stage 7) of 30T-08201, at no cost and free of encumbra parkland dedication for the subject subdivision (30T-08202). 12. The SUBDIVIDER agrees that the subdivision may only be register registration of Stage 4 of Draft Approved Plan of Subdivision 30 13. The SUBDIVIDER shall reserve Block 18 for the Waterloo Region D Board. The SUBDIVIDER agrees to provide to the CITY'S Director letter from the School Board indicating that satisfactory arrang made to acquire Block 18 for school purposes. 14. The SUBDIVIDER agrees that all streets shall be named as shown 15. Prior to Servicing or Registration, whichever shall occur f prepare a detailed engineering design for Storm Water Management requisite monitoring and obtain approval thereof, from the CIT Engineering Services in consultation with the Grand River Conser and the Regional Municipality of Waterloo. The Stormwater Manage shall be in accordance with the Comprehensive Storm Water Manage Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and th Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL The approved engineering design for Storm Water Management will maintenance program for a period of 2 years after 95% of the pon has been built out, which will ensure stormwater management faci Services. Any maintenance required during this period, prior to the municipali facilities, shall be at the sole expense of the SUBDIVIDER. 16. Prior to Servicing or Registration which ever shall occur first agrees to provide a detailed sanitary servicing report and to ma satisfactory to the Director of Engineering Services for a sanit connection to the Middle Strasburg Trunk Sanitary Sewer. The SU further agrees that where any upgrades are required to any local connect these lands to the trunk sewer will be at the sole cost Where there are multiple land owners benefitting from the upgrad and/or trunk sewers, cost sharing arrangements may be made betwe owners for the costs of upgrading both the local and trunk sanit arrangements are made, t Engineering Services with written confirmation in this regard. 3 - 28 B Conditions of Draft Approval and Proposed Draft Plan 17. Prior to Servicing or Registration, whichever shall occur first prepare an On-Street Park -Street Parking Plan shall -Street Parking Policy and shall generally provide for one on-street parking space for every two dwelling u reasonable. Other options such as driveway length, garage space parking facilities and/or parking along park frontages should be accordance with CITY policy. 18. Prior to Servicing or Registration, whichever shall occur first confirm that the servicing drawings are coordinated with the On- Lotting Plan, Streetscape Plan and Master Tree Planting Plan req agreement. 19. Prior to Servicing or Registration, whichever shall occur first agrees to receive final approval of a Priority Lotting Plan and Priority Lots to the satisfaction The Design Guidelines for Priority Lots shall include, but not b following 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. 20. Prior to Servicing or Registration, whichever shall occur first agrees to submit an operational analysis and functional design f the intersection of Amand Drive and Seabrook Drive, to the Transportation Services. In addition, the SUBDIVIDER shall have plans for the centre isla prepared by a Landscape Architect to the Services and Director of Transportation Services. The SUBDIVIDER agrees to pay for ins approved design. 21. Prior to Servicing or Registration, whichever occurs first, the submit a functional design for the implementation of bicycle lan and intersection curb extensions on both sides of Seabrook Drive in accordance with the Streetscape Plan, Lotting Plan and On-str 3 - 29 B Conditions of Draft Approval and Proposed Draft Plan and a multi-use pathway on the western side of Amand Drive, to t Transportation Services and Director of Operations. 22. The SUBDIVIDER agrees to install permanent 1.2 metre high, chai lockable access gates, to prevent the general public from access Operations in consul Director of Transportation Services, Director of Planning and Regional Municipality of Waterloo. 23. Prior to Servicing or Registration, whichever shall occur first agrees to submit, obtain approval of, and implement a during and environmental monitoring program concurrent with the Detailed Ve al Municipality of Waterloo. The monitoring plans shall address th outlined in the Environmental Implementation Report (EIR), Ecoplans Limited (September 2007) amended by: EIR Addendum (October 2009); Memo Re:Mattamy Trillium Community, Kitchener EIR Addendum re: Setbacks (September 2011); and EIR Addendum 3: Doehn Property (April 2013). This will include biological monitoring and any additions or modifications identified by the Municipality of Waterloo as part of the final review and approva program. The SUBDIVIDER further agrees to implement any restoration, reme mitigation measures arising from the monitoring deemed necessary and/or the Region as a result of the aforementioned monitoring p expense to the satisfaction of Planning in consultation Regional Municipality of Waterloo. 24. To expedite the approval for registration, the SUBDIVIDER sh CITY'S Director of Planning, a detailed written submission docum conditions imposed by this approval that require completion prio the subdivision plan(s), have been satisfied. 3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: 1. That the plan submitted for final approval may incorporate a lo in which single detached, semi-detached and townhouse lots are p density not exceeding the density identified in the draft approv 2. That the subdivision agreement be registered by the City of Kit land to which it applies and a copy of the registered agreement Regional Municipality of Waterloo prior to final approval of th 3. That prior to any grading or construction, a consultant Archaeo an Archaeological Survey and Rescue Excavation of any significan remains found on the site, at the expense of the SUBDIVIDER. Fu SUBDIVIDER must provide two copies of the completed archaeologic to the Regional Municipality of Waterloo and a copy of the clear Ministry of Tourism, Culture and Sport. 3 - 30 B Conditions of Draft Approval and Proposed Draft Plan 4. a) That prior to final approval, the SUBDIVIDER enter into an of Kitchener that all dwelling units and/or sensitive uses (as d the Environment noise guidelines) adjacent to Amand Drive on Blo and 22 be constructed with a forced air-ducted heating system su designed to permit the future installation of a central air cond occupants. b) That prior to final approval, the SUBDIVIDER enter into an agre of Kitchener to include the following warning clause on all offe rental agreements for all dwelling units and/or sensitive land u Drive on Blocks 6, 14, 18, 19 and 22: occasionally interfere with some activities of the building/dwel sound levels exceed the sound level limits of the Municipality a Environment. This building/dwelling unit has been designed with conditioning by the occupant in low and medium density developme windows and exterior doors to remain closed, thereby ensuring th levels are within the sound level limits of the Municipality and c) That prior to final approval, notwithstanding Conditions a) a SUBDIVIDER complete a detailed road traffic noise study to deter noise attenuation requirements for all dwelling units adjacent t Blocks 6, 14, 19 and 22, to the satisfaction of the City of Kitc Municipality of Waterloo. Furthermore, the SUBDIVIDER agrees t its agreement with the City of Kitchener, if necessary, to imple recommendations identified in the Study. 5. That prior to final approval, notwithstanding Condition 4 above enter into an agreement with the City of Kitchener that the SUBD detailed road traffic noise study to determine detailed noise at for Block 18 prior to site plan approval, to the satisfaction of the Regional Municipality of Waterloo. Furthermore, the SUBDIVI further amend its agreement, with the City of Kitchener, if nece any recommendations identified in the Study. 5. That prior to any grading of any lands of this plan of subdivis decommissions any monitoring wells, existing private wells, and the lands in accordance with applicable laws and regulations inc of the Ontario Water Resources Act. 6. That the SUBDIVIDER enter into an agreement with the Regional M Waterloo to distribute source water protection and winter salt m information with all offers to purchase or rental agreements to Regional Municipality of Waterloo 7. That the SUBDIVIDER agrees to stage the development of this pla a manner satisfactory to the Regional Municipality of Waterloo. 3 - 31 B Conditions of Draft Approval and Proposed Draft Plan 9. That prior to final approval of all or any part of this plan ofthe SUBDIVIDER enters into an agreement with the Regional Municipali provide funds for the future installation of 2 (two) concrete tr 10. That prior to final approval of all or any part of this plan of SUBDIVIDER grant any easements as necessary to the Regional Municipality of Waterloo, at no cost to the Region, for the provision of transit amenities noted in Condition 9 above. 11. That prior to final approval, the SUBDIVIDER submit for review servicing plan, for the entire subdivision plan, assessing the n reducing valves, to the satisfaction of the City of Kitchener. 12. Where pressure reducing valves are required in Condition No. 11 SUBDIVIDER must enter into an agreement with the City of Kitchen such installation; and to include in all offers to purchase and/ clause identifying the presence of such water pressure reduction that it may not be removed by the owner/occupant. 13. That the SUBDIVIDER enter into an Agreement for Servicing with Municipality of Waterloo to preserve access to municipal water s wastewater treatment services prior to final approval or any agr installation of underground services, whichever occurs first. W SUBDIVIDER has already entered into an agreement for the install underground servicing with the area municipality, such agreement to provide for a Regional Agreement for Servicing prior to regis the plan. The Regional Commissioner of Transportation and Enviro shall advise prior to an Agreement for Servicing that sufficient wastewater treatment capacity is available for this plan, or the be registered. 14. That the SUBDIVIDER include the following statement in all agre purchase and sale that may be entered into pursuant to Section 5 Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this ag purchase and sale are not yet registered as a plan of subdivisio all conditions of draft plan approval, including the commitment sewage treatment services thereto by the Region and other author been completed to permit registration of the plan. Accordingly, be aware that the vendor is making no representation or warranty block or blocks which are the subject of this agreement of lease sale will have all conditions of draft plan approval satisfied, 15. That prior to final approval, the Core Environmental Features a on the subject lands be placed in a suitable conservation open s 16. That prior to any clearing of vegetation on the site, or final of this plan of subdivision (whichever comes first), the SUBDIVI agreement with the Regional Municipality of Waterloo, that no cln 3 - 32 B Conditions of Draft Approval and Proposed Draft Plan on the site occur during the bird breeding season in compliance Birds Convention Act unless it can be ascertained by a qualified covered by the Act are observed to be breeding in or adjacent to 17. That prior to final approval, the SUBDIVIDER shall install perm the common boundary of any lots or blocks and the buffers of Cor Features and/or the stormwater management area (Blocks 8 and 12) identifying the Williamsburg Woods Environmentally Sensitive Pol the fence be installed a minimum of 15 centimetres into the buff satisfaction of the City of Kitchener and the Regional Commissio Housing and Community Services. 18. That prior to any land clearing, grading, installation of servi or any part of this plan of subdivision (whichever comes first), submit a detailed erosion and sediment control plan acceptable t Kitchener and the Regional Commissioner of Planning, Housing and Services in order to prevent sedimentation into the Core Environ 19. That a final stormwater management plan be submitted for the ent subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. The final stormwater management plan must address the objectives specified in the Strasburg Creek and Alder Creek Subw with respect to infiltration targets and groundwater quality. The SUBDIVIDER agrees that the design and location of infiltration facilities will be 20. That prior to final approval, the SUBDIVIDER submit landscaping for all buffer areas contiguous to Core Environmental Features a stormwater management area, and that recommended plantings shall locally-appropriate, self-sustaining native vegetation to the sa Kitchener and the Regional Commissioner of Planning, Housing and Services. 21. That prior to final approval, the SUBDIVIDER submit a detailed the Core Environmental Feature on the subject lands as outlined (Ecoplans, September (Ecoplans, April 2013), to the satisfaction of the City of Kitch Commissioner of Planning, Housing and Community Services. 22. That prior to final approval, the SUBDIVIDER enter into an agre Regional Municipality of Waterloo to provide environmental stewa and other information tools with all offers to purchase or renta satisfaction of the Regional Commissioner of Planning, Housing a Services. The text and design of the brochures and other inform provide information about the natural heritage features contiguo along with advice about how they can be good stewards of these a satisfaction of the City of Kitchener and the Regional Commissio Housing and Community Services along with advice about how they stewards of these areas, to the satisfaction of the City of Kitc Commissioner of Planning, Housing and Community Services. 3 - 33 B Conditions of Draft Approval and Proposed Draft Plan 4.0 OTHER AGENCY CONDITIONS 1. That prior to Registration the SUBDIVIDER shall make satisfacto the Waterloo Regional District School Board with respect to Bloc school site. The elementary school site shall contain not less t 5.0 CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the City's Direc shall be advised by the Regional Commissioner of Planning, Housi Services that Conditions 3.1 to 3.22 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from th brief statement detailing how each condition has been satisfied. 2. shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter shall include each condition has been satisfied. 3. shall be advised by the Waterloo Region District School Board th been met to its satisfaction. The clearance letter shall include how the condition has been satisfied or carried out. 4. That prior to the signing of the final plan by t shall be advised by the telecommunication companies (Bell, Rogerthat Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter shal statement detailing how each condition has been satisfied. 6.0 NOTES Development Charges 1. The owner/developer is advised that the provisions of the Regio By-law 09-024 are applicable. Registry Act 2. The final plans for Registration must be in conformity with O amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to adv Waterloo and the City of Kitchener Planning and Development Depa changes in ownership, agent, address and phone number. Regional Fees 4. The owner/developer is advised that the Regional Municipality o adopted By-Law 96-025, 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 3 - 34 B Conditions of Draft Approval and Proposed Draft Plan Identification of Applicable Planning Act 5. Planning Act, R.S.O. 1990, c. P.13, as amended [May 22, 1996 to This draft plan was received on or after May 22, 1996 and shall disposed of under the Planning Act, R.S.O. 1990, c. P.13, as ame c.4 (Bill 20). Regional Servicing Agreement 6. The owner/developer is advised that draft approval is not a com Municipality of Waterloo to water and wastewater servicing capac commitment the owner/developer must enter into an "Agreement for Regional Municipality of Waterloo by requesting that the Region' Department initiate preparation of the agreement. When sufficie by the Region's Commissioner of Engineering to service the densi plan to be registered, the owner/developer will be offered an "A This agreement will be time limited, define the servicing commit Should the "Agreement for Servicing" expire prior to plan regist will be required. The owner/developer is to provide the Regional Municipality of W copies of the proposed plan to be registered along with the writ servicing agreement. Registration Release 7. To ensure that a Regional Release is issued by the Regional Com and Culture to the City of Kitchener prior to year end, it is th to ensure that all fees have been paid, that all Regional condit and the required clearance letters, agreements, prints of plan t other required information or approvals have been deposited with responsible for the file, no later than December 15th. Regional a Regional Release would be issued prior to year end where the o submit the appropriate documentation by this date. Final Plans 8. When the survey has been completed and the final plan prepare requirements of the Registry Act, they should be forwarded to th the plans comply with the terms of approval, and we have receive the Regional Municipality of Waterloo and applicable clearance a necessary arrangements have been made, Manager of Development Re will be endorsed on the plan and it will be forwarded to the Reg registration. The following is required for registration and under The Registr One (1) original mylar Two (2) mylar copies Four (4) white paper prints 3 - 35 3 - 36 Appendix Proposed Zoning By-law PROPOSED BY LAW July 18, 2014 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener Mattamy (Westmount) Limited and Tru-Villa Inc. Amand Drive) WHEREAS it is deemed expedient to amend By-law 85- 1 for the la above; NOW THEREFORE the Council of the Corporation of the City of Kit enacts as follows: 1. Schedule Numbers 96 and 97 o-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land illustrated as Area 1 on Map No. 1, in the City of Kitchener, at Agricultural Zone (A-1) to Residential Four Zone (R-4) with Spec Provisions 604R, 605R and 612R. 2. Schedule Numbers 96 and 97 -law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land illustrated as Area 2 on Map No. 1, in the City of Kitchener, at Agricultural Zone (A-1) to Residential Six Zone (R-6) with Special Regulation Provisions 604R, 606R and 612R. 3. Schedule Number 96 o-law Number 85-1 is hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, Zone (A-1) to Neighbourhood Institutional Zone (I-1) with Special Use Provision 437U. 4. Schedule Numbers 62, 96 and 97 o-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel o and illustrated as Area 4 on Map No. 1, in the City of Kitchener, from Agricultural Zone (A-1) to Public Park Zone (P-1). 5. Schedule Numbers 62, 96 and 97 o-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel o 3 - 37 Appendix Proposed Zoning By-law and illustrated as Area 5 on Map No. 1, in the City of Kitchener from Agricultural Zone (A-1) to Open Space Zone (P-2). 6. Schedule Nos. 62, 96 and 97 o-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land illustrated as Area 6 on Map No. 1, in the City of Kitchener, at Agricultural Zone (A-1) to Hazard Land Zone (P-3). 7. Schedule No. 96 o-law Number 85-1 is hereby amended by changing the zoning applicable to the parcels of land specified Area 7 on Map No. 1, in the City of Kitchener, attached hereto, Institutional Zone (I-1) to Neighbourhood Institutional Zone (I- Provision 437U. 8. -law Number 85-1 are hereby further amended by incorporating additional zone boundaries as s 1 attached hereto. 9. C-law 85-1 is hereby amended by adding Section 437U thereto as follows: 437. Notwithstanding section 31.1 of this By-law, within the lands zoned I-1 shown as affected by this subsection, and as shown on Sche 96 single detached dwellings, semi-detached dwellings, duplex dwellings, dwelling unit, home business and private home daycare shall not be permitted 10. This By-law shall come into effect only upon approval by the Mi Affairs and Housing, or his/her delegate, of Official Plan Amen ______, 150 Amand Drive, but upon such approval, the provisions affecting such lands shall be deemed to have come into force on passing hereof. PASSED at the Council Chambers in the City of Kitchener this_______________ day of _______________, 2014. _____________________________ Mayor _____________________________ Clerk 3 - 38 3 - 39 D Newspaper Advertisement PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED PLAN OF SUBDIVISION AND AMENDMENTS TO THE KITCHENER O ZONING BY-LAW UNDER THE SECTIONS 17, 22, 34 AND 51 OF THE PLANNING ACT 150 Amand Drive The City of Kitchener has received applications for Draft Plan o Zone Change to permit the lands to be developed with a low rise 10 hectares in size and are proposed to be developed with single d school, a stormwater management pond and open space. The Official Plan Amendment accommodates a reorientation of the school site. The lands are proposed to be 6, park and natural lands zones P-1, P-2 and P-3, institutional zone I-1 (including a block in adjacent lands), as well as adding associated special use and regulation provisions. Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, August 11th 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 or in opposition to, the above noted proposals. at this public meeting or make a written submission prior to approval/refusal of these proposals, 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 contained in the meeting agenda (posted 10 days before the meetiwww.kitchener.ca - click on the date in the th Calendar of Events and select the appropriate committee), or in Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p Katie Anderl , Senior Planner - 519-741-2200 ext. 7987 (TTY: 1-866-969-9994), katie.anderl@kitchener.ca 3 - 40 Appendix E - Agency Comments 3 - 41 Appendix E - Agency Comments 3 - 42 Appendix E - Agency Comments 3 - 43 Appendix E - Agency Comments 3 - 44 Appendix E - Agency Comments 3 - 45 Appendix E - Agency Comments 3 - 46 Appendix E - Agency Comments 3 - 47 Appendix E - Agency Comments 3 - 48 Appendix E - Agency Comments 3 - 49 Appendix E - Agency Comments 3 - 50 Appendix E - Agency Comments 3 - 51 Appendix E - Agency Comments 3 - 52 Appendix E - Agency Comments 3 - 53 Appendix E - Agency Comments 3 - 54 Appendix E - Agency Comments 3 - 55 Appendix E - Agency Comments 3 - 56 Appendix E - Agency Comments 3 - 57 Appendix E - Agency Comments 3 - 58 Appendix E - Agency Comments 3 - 59 Appendix E - Agency Comments 3 - 60 Appendix E - Agency Comments 3 - 61 Appendix E - Agency Comments 3 - 62 Appendix E - Agency Comments 3 - 63 Appendix E - Agency Comments 3 - 64 Appendix E - Agency Comments 3 - 65 Appendix E - Agency Comments 3 - 66 Appendix E - Agency Comments 3 - 67 Appendix F - Neighbourhood Comments 3 - 68 Appendix F - Neighbourhood Comments 3 - 69 Appendix F - Neighbourhood Comments 3 - 70 Appendix F - Neighbourhood Comments 3 - 71 Appendix F - Neighbourhood Comments 3 - 72