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HomeMy WebLinkAboutCSD-15-050 - Draft Plan of Subdivision & Zone Change - 508 New Dundee Road REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: June 15, 2015 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Katie Anderl, Senior Planner Garett Stevenson, Senior Planner 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: May 19, 2015 REPORT NO.: CSD-15-050 SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-13203 ZONE CHANGE APPLICATION ZC13/13/N/KA 508 NEW DUNDEE ROAD OWNER: C. ORMSTON ________________________________________________________________ EXECUTIVE SUMMARY: C. Ormston is seeking approval of a Draft Plan of Subdivision an subject lands to be developed with a residential subdivision. T detached dwellings, street townhouse dwellings, a neighbourhood water management pond and a school site. Staff are in support o Subdivision and associated zone change, subject to the condition *** This information is available in accessible formats upon req Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 RECOMMENDATIONS: A.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-13203in the City of Kitchener, for C. Ormston, subject to the conditions attached to Report CSD-15-050A; AND, B.That Zone Change Application ZC 13/13/N/KAfor C. Ormstonfor the purpose of changing the zoning from Agricultural Zone (A-1)toResidential One Zone (R-1), Residential FourZone (R-4), Residential Six Zone (R-6), Neighbourhood Institutional Zone (I-1), Public Park Zone (P-1), Open Space Zone (P-2), andHazard Land Zone (P-3) with site specific special provisions be approvedin the form -May 14,2015attached to Report CDS-15- 050; AND C. That the proposed Neighbourhood Park be named the Ian C. Ormston Park; AND FURTHER D. That the Doon South Community Plan be amended to add the proposed Neighbourhood Institutional Site to the Land Use Schedule, as shown on Schedule A, attached to Report CSD 15-050 a REPORT: The subject lands are owned by C. Ormston and are located at 508 Doon South Community. The subject lands are 20.973 hectares in contains a heritage house, agricultural fields and coniferous plantations. The applicant is proposing to develop t338 residential dwellings, an elementary school, roads, a stormwater trails and open space. 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 are transit supportive, and that support active transportation, linkages. The proposed development is consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are within the designated greenfield area as d2006 Growth Plan 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. 2 - 2 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 to the recommended conditions, satisfies the policies of this pl Regional Official Plan The subject lands are within the Urban Designated Greenfield Are Official Plan (ROP). Regional policy supports development of co development patterns and densities that support walking, cycling cultural heritage resources and supports the adaptive reuse of h protects the natural environment and groundwater resources. Pol continuous network of sidewalks, trails and bicycle pathways tha links within the neighbourhood and to other neighbourhoods. City of Kitchener Growth Management Plan (KGMP) consideration of applications for development of these lands. Official Plan Designation (in effect) Official Plan. Low Rise Residential districts shall accommodate a full range of housing types and other compatible non- residential. In these districts the City favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The proposed range of residential, institutional, park and open space uses conforms to the Low Rise New Official Plan (under appeal) (under appeal). The Low Rise Residential Designation accommodat types at an overall low intensity of use. The proposed uses conin this plan. Doon South Community Plan The lands are designated Low Density Residential in the Doon Sou recommend that the proposed school site be added to the Land Use Plan and identified as Neighbourhood Institutional. Policies of Neighbourhood Institutional sites to be used for elementary scho low density residential uses including single detached and semi- of uses is consistent with the proposed Neighbourhood Institutio(I-1) Zone described below. No changes are required to Community Plan policies. Proposed Zone Change The subject lands are zoned Agricultural Zone (A-1). The applic zoning as follows: Area 1: Residential One Zone (R-1) with Special Use Provision 445U and 668R to permit the existing heritage building, as well as range of compatible n-residential uses, which enhance the opportunities for conservation of the heritage build 2 - 3 proposed list of uses includes: tourist home with up to 4 bedroo dwelling, health clinic, studio, personal services, educational establishment, office, social service establishment, and veterinary clinic. Area 2: Residential Four Zone (R-4) with special Regulation Provision 669R to permit single detached dwellings, semi-detached dwellings and duplex dw minimum 6.0 metre front or side yard setback to the street to al infiltration facilities. Area 3: Residential Four Zone (R-4) with special Regulation Pro Use Provision 448U to permit single detached dwellings and duple with a minimum 6.0 metre front or side yard setback to the stree yard infiltration facilities. Area 4: Residential Six Zone (R-6) with Special Regulation Provision 669R and Special Use Provision 448U to permit single detached dwellings, duplex d townhouse dwellings, low-rise multiple dwellings, with a minimum or side yard setback to the street to allow for front yard infil Area 5: Neighbourhood Institutional Zone (I-1) with Special Regulation Provision 669R and Special Use Provision 448U to permit the elementary school or residential uses (including single detached and duplex dwellings), with a minimum 6.0 metre front or side yard setback to the street to allow for front yard infiltration facilities. Area 6: Neighbourhood Institutional Zone (I-1) with Special Use Provisions 446U and 448U and Special Regulation Provision 669R to permit the elementary school or residential uses (including single detacheds, duplex dwellings and street- townhouse dwellings), with a minimum 6.0 metre front or side yard setback to the street to allow for front yard infiltration facilities. Area 7: Public Park Zone (P-1) for parks and trails. Area 8: Open Space Zone (P-2) for open space and buffers to environmental features. Area 9: Hazard Land Zone (P-3) for the stormwater management pond. Staff have considered the proposed zoning categories and are of appropriate for the development of the contemplated land uses. allowing for an expanded range of non-residential uses on the He to help support its retention. The house is located along New D road, providing sufficient access for commercial types of uses. appropriately located within a heritage building, as discussed i comments, and are also compatibly located in proximity to reside to create a greater range and mix of non-residential uses for re future development of the site will require site plan approval which will ensure appropriate site design and landscaping. The proposed Residential Four (R-4) and Residential Six (R-6) zones provide appropriate zoning for the blocks proposed to contain various forms of low r minimum front yard and side yard abutting a street setback are p 2 - 4 which is 1.5 metres greater than that the typical 4.5 metre setb increased setback is to provide for the installation of infiltra separation distances between buildings and the street. The school site is proposed to be zoned Neighbourhood Institutio elementary school, and a range of low rise residential uses incl and semi-detached dwellings should the school site not proceed. Park, Open Space and Hazard Land zones will be applied to parks, Topper Woods and the retained portion of the plantation, and the respectively. Subdivision Design The Ormston Subdivision is proposed to provide for a mix of resi 163-219 single detached dwellings, 81-103 street-fronting townhouse dwellings, and 14-16 units on future development parcels for a total of 258-338 dwelling units. Density calculations which consider the proposed type of units and inclusion of a school si an overall density between 37.2 to 48.7 people and jobs per hectare. While the density provided on the subject lands is lower than the density target f Areas a good range of lot widths and dwelling types are proposed, and given the context of this subdivision as a continuation of an established residential area, may not be appropriate or sympathetic with the surrounding neighbourhood. It is expected that other developments which ach l help the City and achieves walkability, variety, place-making, conservation, connectively, transit supportive. The proposed Draft Plan contemplates a modi connects to adjacent subdivisions via the established street net subdivision are planned to incorporate on-street parking, and tr streets such as curb extensions. The plan also provides for nei including a school and neighbourhood park, and is well connected pathways, providing for a variety of non-vehicular modes of tran The subdivision provides for lots that front onto local streets required for terminating vista lots, corner lots, park lots and Streetscape Plan will also be required for Thomas Slee Drive and considered priority streets and an On-street Parking Plan is req on-street parking is available for future residents. School The Waterloo Region District School Board has indicated that a p required on the subject lands. The school is proposed to be loc The Waterloo Region District School Board is satisfied with the proposed school site and appropriate conditions of approval regarding its conveyance to t included. The school site has been sized and designed so that it could be residential uses should the school site not proceed. As discuss Neighbourhood Institutional (I-1) Zone permits both the proposed 2 - 5 residential uses including single detached dwellings, semi-detac dwellings. Should the school not proceed, and if the lands are low density residential uses and a local street network, a major subdivision (if the subject stage is not yet registered) or a ne is registered) would be required. Both processes would require f processes and Council approval. The subject lands have been cont with a local street network either consisting of two local roads between Thomas Slee Drive and Monarch Woods Drive, or a crescent to Thomas Slee Drive. Staff generally prefer an option that inc provide better connectivity within the plan and Blocks 22 and 23 to provide for future local street connections. However, given committed to the timing of the school site, it is acknowledged t walkway/servicing block to Monarch Woods Drive would also be a r alternative. Conditions of approval regarding the future develo development blocks have been included. Heritage The farmhouse located at 508 New Dundee Road is listed on the He of Historic Buildings and a Heritage Impact Assessment and Conse approved by staff. The house has been designated under Part IV of the Ontario Herit Heritage Planning staff are supportive of the proposed zone chan Recommended conditions for the Plan of Subdivision, work togethe recently approved consent application for the heritage house to house and appropriate transition from the subdivision lands to t conditions of the Consent Application, the house was designated Heritage Act. The Heritage Impact Assessment also recommends opportunities for cultural heritage resource including naming a park after long ti Ormston, a Second World War Veteran who was awarded the Distingu service, interpretive/commemorative signage, and naming streets such, through the recommendations of this report and conditions that the Neighbourho interpretative/commemorative signage will be installed. Environment The subject lands are located on lands used for agricultural use Environmental Planning and Grand River Conservation Authority st the proposed plan of subdivision and support the proposed applic conditions of approval. Further discussion is provided with resp considerations in the Community Input section of this report. Protection of existing Pine Plantation The owner is proposing to retain a large portion of the pine pla corner of the property. From an ecological point of view, this retained, however it has community value in terms of preserving providing for greenspace. Further discussion with respect to the plantation is provided in Community Input section below. A multi-use pathway is required to be located along the north edge of the property to provide for connectivity of the trail nen order to achieve appropriate grades and the maximum tree protect 2 - 6 use pathway, a private retaining wall is proposed for a number o Stage 3. This wall is proposed to be located at the rear of the private lots and will range in height to a maximum of 3.4 metres. The proposed multi-use pathw located at the bottom of the retaining wall. Maintenance of thi the individual property owners. In order to advise potential purchasers of these restrictions an the private nature of the wall, staff recommend an approval cond be included in all offers of purchase/sale and tenancy agreement Stormwater Management Stormwater for the subject lands will be directed towards both e ponds in the community and a new stormwater management pond loca house along New Dundee Road. Conditions of draft approval have groundwater infiltration and recharge. Engineering Services is Management Plan. 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. Sanitary flows from the northern by gravity to the existing sanitary system. Flows from the sout directed to the new Doon South pumping station currently being c Road near Robert Ferrie Drive. Conditions of approval have been services are constructed at the appropriate timeframes. Transportation and Traffic Transportation Planning staff are satisfied with the layout of s proposed street names have been approved by the Region. The subd connection of Thomas Slee Drive and the extension of road stubs including Robert Ferrie Drive, Monarch Woods Drive and Ridgemount Street. No improvements to t required as a result of this subdivision. Noise New Dundee Road is considered a source of traffic noise. A nois homes backing onto New Dundee Road, west of the heritage house. and Agency Comments Any requirements have been addressed or are included as conditio Community Input In response to the preliminary circulation staff received respon Subsequent to the preliminary circulation, neighbourhood meeting and June 2014. In total, residents from about 76 households hav The issues and concerns identified through the circulation and a are discussed below. 2 - 7 Land Use Respondents raised concerns with the proposed street fronting to of the subdivision, lot sizes and impacts to property values. The subject subdivision will achieve a maximum density of about 49 people and jobs per hectare (). Staff are satisfied with this density and acknowledge that is not appropriate to require in all neighbourhoods. It is recognized that some neighbourhoods are planned with densities g neighbourhood achieves a density of about 30 developed in advance of density targets being set by the Province. A number of street-fronting townhouses are proposed as part of t subdivision plan oriented these units primarily along Thomas Sle concerned with the concentration of these units and with the tra from larger lot singles to townhouses. The subdivider has given concerns and reoriented the street-fronting townhouses so that t throughout the neighbourhood: along Monarch Woods Drive, backing site, and along Sportsman Hill Drive and the most southerly sect Stage 5). This helps to maintain the existing single detached nature of th streetscape, while still providing for higher density units thro Staff have also heard that there are concerns with the future co and/or rental housing. The applicant has indicated that all the freehold units, however, the City cannot control the tenure of a dwellings to rental units. Concerns were also raised with respect to potential impact to pr homes based on as many as 200 different factors ranging from the the location, to the number of bathrooms and quality of the cons preferences. Planning staff focus on whether the development is the community as a whole. Planning staff do not consider propert use planning matters. Traffic Respondents were generally supportive of the connection of the e of Thomas Slee Drive. However there were a number of concerns r expected increases in traffic on existing local streets. A Tra prepared in support of the application. Transportation Services comment that traffic generated by the community is expected to g Ferrie Drive or Pinnacle Drive and to New Dundee Road. A limite disperse in other ways throughout the community, but natural des traffic through local streets. Concerns were also raised with respect to the existing capacity Dundee Road and Robert Ferrie Drive / Pinnacle Drive. The TIS indicates that traffic control measures (signals or a roundabout) are warranted at both Robert Drive at New Dundee Road, regardless of whether this subdivision of Waterloo does not require an intersection control study be co and New Dundee Road intersection by the Subdivider at this time, 2 - 8 included as part of scheduled upgrades to New Dundee Road which A few people were concerned with the lack of public transit in t Transit has indicated that Thomas Slee Drive, once connected, wi through this community. They anticipate bus stops at the inters Blair Creek Drive in close proximity to the proposed school site A couple of respondents questioned the purpose of Future Develop The purpose of this block is to provide access and servicing opt comprehensive redevelopment of the estate residential lots along unlikely that the Region would allow for multiple access points parcel provides an option should these lands ever develop. Staf plans for redevelopment, however it is considered good planning connectivity. Environment A great deal of question and concern was voiced with respect to the proposed subdivision both with respect to the loss of animal corridors and the loss of trees in the plantations. With respect to the loss of animal habitat, it is recognized tha as movement corridors, in this case between Topper Woods and the Roseville Swamp, south of New Dundee Road. An Environmental Imp prepared in support of the proposed subdivision. The EIS shows area are habitat generalist species meaning that they can live i The EIS finds that there is habitat present in the broader area whose habitat may be displaced. Topper Woods is an Environmentally Sensitive Policy Area. It is preserved and a buffer has been incorporated into the subject plt is linked to a larger green space network in the Doon South comm movement corridors and a range of protected natural habitat in this vicinity. The plantation to the south is proposed to be removed in its ent is proposed to be partially retained and efforts have been made in open space and park blocks. From an ecological perspective, diversity of flora and fauna, and are not considered either loca woodlands. However, from a community perspective it is recogn valuable, in terms of preserving views, creating privacy and pro Preservation of the greatest amount of existing vegetation as po primary interest of many property owners. This position was exp circulation of the application and at the neighbourhood meetings concerns, the applicant amended the proposed plan following the The revisions included an increase in the amount of plantation p hectares to 1.4 hectares. This was presented at the second neig efforts of the owner and applicant were recognized and appreciat A few property owners continued to express concern about a loss homes backing onto the northern edge of the subdivision. Follow meeting, staff worked with the applicant to further refine the p 2 - 9 these homes in order to come to a solution that balances the req retain as much vegetation as possible along the common property a required multi-use pathway and accommodating for steep and dif achieve these goals, the applicant has further widened the open metres to 18.5 metres. In order to accommodate the challenging c the retention of a greater number of trees, especially between t retaining wall is proposed at the back of a number of proposed l Operations staff are satisfied with the technical and esthetic d located at the base of the wall, near the proposed lots. Some o plantation and invasive species such as buckthorn will be remove areas, however enhancement plantings are proposed in areas which the plantation area to reestablish a woodland edge and to discou from taking hold. A letter outlining the tree preservation meas property owners together with notice of the public meeting. Parks and Trails Generally, the neighbourhood is supportive of the proposed park a multi-use pathway is required along the northern edge of the p considered a Type-2 Multi-Use Pathway and will be 3 metres wide, asphalt, and maintained as a three season trail. This trail wil existing and planned trail network in the community. Staff note is expected to be constructed along the eastern edge of the subj of subdivision), within an open space block which was dedicated subdivision. Operations staff has indicated that further consul owners along Autumn Ridge Trail will occur prior to works commen Planning Analysis: In considering the foregoing, staff are supportive of the propos Zone Change. The proposed plan of subdivision will complete this Community, and the proposed zoning categories will allow for the development. The subject applications are consistent with the Provincial Poli Growth Plan for the Greater Golden Horseshoe, and the Regional O are of the opinion that the proposed Draft Plan of Subdivision a 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 and Zone Change application allow for the completion of the plan include a park, school, multi-use pathway connection provide for a sustainable, healthy community for residents. Env buffers to Topper Woods and the preservation of hedgerow and lar will help to conserve, protect and improve the environment for the be 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 term, there will be repair and replacement costs for streets, si 2 - 10 COMMUNITY ENGAGEMENT: INFORM & CONSULT- The proposed draft plan of subdivision was cir owners within 120 metres of the subject lands in December 2013. 2013 as well. In response to this circulation staff received responses from 72. Based on the level of neighbourhood interest a neighbourhood mee 2014 and 64 individuals registered their attendance at this meet meeting was held June 18, 2014 and 35 individuals registered the Based on feedback received from the community, the applicant has adjusted the plan to address many of the concerns identified by residents, as outline section of this report. Finally, a courtesy notice was mailed on May 22, 2015 to everyon was involved in this application or provided comment or attended Meeting. May 22, 2015 Notice of the public meeting will appear in The Record on and had been mailed to both interested residents whom provided written commen CONCLUSION: Based on the foregoing, the Draft Plan of Subdivision and Zone C appropriate and represent good planning. They provide for the c community and provide lands for a future elementary school. 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. Therefore, it is recommended that the applications be app outlined in this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Appendices A Conditions of Draft Approval and Proposed Draft Plan B Proposed Zoning By-law & Map 1 C Newspaper Notice D Courtesy Letter E Agency Comments F Neighbourhood Comments 2 - 11 CSD-15-050 Appendix A Draft Plan Of Subdivision 30T-13203 508 New Dundee Road C. Ormston Draft Approval Conditions -15-050 1. That this approval applies to Plan of Subdivision 30T-13203 for the attached Plan of Subdivision prepared by the City of KitchenMay 14, 2015, which shows the following: Stage One Blocks 1 - 9 Single/Semi-detached 46 - 61 units Blocks 10 Street Townhouse 20 - 23 units Block 11 SWM Block 12 Park Block 13 Future Development (Single/Semi-detached) 2 - 3 units Block 14 - 19 0.3m Reserves Stage Two Block 1 School Stage Three Blocks 1 - 13 Single/Semi-detached 51 - 69 units Blocks 14 - 16 Street Townhouse 22 - 25 units Block 17 Park Blocks 18 - 19 Open Space Block 20 - 21 Walkway Block 22 - 23 Future Development 5 units Stage Four Blocks 1 - 4 Single/Semi-detached 7 - 10 units Blocks 5 Street Townhouse 4 - 7 units Block 6 Future Development (Single/semi detched) 5 - 6 units Block 7 - 8 0.3m Reserves Stage Five Blocks 1 - 20 Single/Semi-detached 59 - 79 units Block 21 - 25 Street Townhouse 35 - 48 units Block 26 Open Space Block 27 Service Corridor Block 28 Future Development 2 units Total Units: 258 338 units 2.1 That the Subdivider shall enter into a City Standard Residen approved by City Council, respecting those lands shown outlined Subdivision dated May 14, 2015. The following standard conditions shall be deleted the City Standard Residential Subdivision Agreement: 2.13, 2.14, special conditions shall be added to the City Standard Residenti 2 - 12 CSD-15-050 Appendix A Part 2 Prior to Grading 2.13 -- -constructi Director of Operations, the Grand River Conservation Authority and the Regional Municipality of Waterloo. a) The SUBDIVIDER agrees to submit, obtain approval of and impleme - in accordance with the Upper Blair Creek (Kitchener) Functional Drainage Study. - monitoring program will document current conditions, including s and hydrogeological conditions, and be used as baseline informat ion monitoring - Director of Operations, the Grand River Conservation Authority and the Regional Municipality of Waterloo b) The SUBDIVIDER agrees to submit, obtain approval of and impleme - in accordance with the Upper Blair Creek (Kitchener) Functional Dra Study Director of Operations, the Grand River Conservation Authority and the Regional Municipality of Wa - stormwater management facilities satisfy the design criteria spe Upper Blair Creek (Kitchener) Functional Drainage Study and to e erosion, stream channel erosion, stream temperature, sedimentati control measures and groundwater mounding are maintained and fun approved. until 90% of the pond catchment area is stabilized (meaning buil constructed and lots/blocks are sodded or vegetated) to the sati vices. The SUBDIVIDER further agrees to implement any remedial action necessary as a result of the aforementioned monitoring program a consultation with the Grand River Conservation Authority. c) The SUBDIVIDER agrees to submit, obtain approval of, and impl - and response program in accordance with the Upper Blair Creek (Kitchener) Functional Drainage Study- Director of Operations, the Grand River Conservation Authority a the Regional - 2 - 13 CSD-15-050 Appendix A management facilities continue to satisfy the design criteria sp Upper Blair Creek (Kitchener) Functional Drainage Study and to i specific additional monitoring and maintenance requirements that necessary, including but not limited to water temperature, erosi sedimentation and siltation control measures and groundwater mou. -nitoring program will extend for a two-year period after 90% of the pond catchment area is stabilized (meaning buil constructed and lots/blocks are sodded or vegetated) to the sati e with the maintenance Subdivision Agreement. The SUBDIVIDER further agrees to implement any remedial action necessary by the CITY as a result of the aforementioned monitori Services in consultation with the Grand River Conservation Autho 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 decommissioned in accordance with Ministry of Environment standa Engineering Services. 2.17 The SUBDIVIDER agrees to submit construction details for the prop walls , in consultation with the Director of Operations. 2.18 The SUBDIVIDER agrees the approved stormwater management fa constructed, vegetated, and operational prior to commencement of with the Grand River Conservation Authority. The SUBDIVIDER furt construct the sedimentation basins outside of the stormwater man with the Grand River Conservation Authority. 2.19 The SUBDIVIDER shall provide a Letter of Credit based on 60 cost of approved erosion and sedimentation control measures or $ whichever is greater to ensure implementation of the approved Ra and Action Protocol (RAAP) as detailed in the approved Erosion a Sedimentation Control (ESC) Report and Plan. The Letter of Credit will be reduced to 15% or $50,000 whichever inspected the erosion and sedimentation control measures to the sa - program has expired (two years after 90% of the pond catchment a stabilized meaning buildings are constructed and lots/blocks are 2 - 14 CSD-15-050 Appendix A 2.20 Prior to grading or registration, whichever may occur first prepare a detailed engineering design for stormwater management including the required amount of contingency stormwater manageme specified by the Upper Blair Creek (Kitchener) Functional Draina obtain approval thereof Director of Operations, the Regional Municipality of Waterloo, and the Grand River Conservation Authority. The detai design will locate the stormwater management facilities outside Zone and be supported by a Geotechnical Investigation Report tha suitability of soils to support proposed infiltration measures. 2.21 The SUBDIVIDER shall submit for review a detailed Geotechni Hydrogeological Investigation Report that discusses the suitabil Director of Engineering Services in consultation with the Grand Conservation Authority and the Regional Municipality of Waterloo 2.22 The SUBDIVIDER agrees to submit and obtain approval of a Landscaping Planting Plan for the proposed retaining walls Planning and Director of Engineering Services. Further, the SUBDIVIDER agrees to install the approved plantings 2.23 The SUBDIVIDER agrees to submit and obtain approval of an Enhancement Planting Plan for Blocks 17 & 19 (Stage 3) to the satisfaction of Director of Operations and Director of Planning. Further, the SUBDIVIDER agrees to install the approved plantings 2.24 The SUBDIVIDER agrees to submit and obtain approval of a Pl Waterloo. Further, the SUBDIVIDER agrees to install approved plantings to 2.25 The SUBDIVIDER agrees to install construction/silt fencing of the Ormston Heritage House property, or in an alternative location tage Consultant to the satisfaction of the integrity of the construction/silt fence throughout the construc 2.26 The SUBDIVIDER agrees to conduct and submit a Pre-Construction Inspe the Ormston Heritage House, and a Post-Construction Inspection o 2 - 15 CSD-15-050 Appendix A Planning. Should any damage develop from vibration during gradin construction, the SUBDIVIDER further agrees to stop work in the Ormston Heritage House and notify the project engineer, heritage City and correct the damage in accordance with the Conservation 2.27 The SUBDIVIDER agrees that no grading shall be undertaken u Control P Services in consultati The Grading Control Plan shall show detailed grades within 25 me perimeter of the Ormston Heritage House, and shall demonstrate t grades from the subdivision to the Ormston Heritage House. The substantial grade changes and retaining walls, and integrating t in Services. Part 3 Prior to Servicing 3.18 The SUBDIVIDER shall be responsible for sediment from the s existing downstream sewers and existing stormwater management fa on Block 67, 58M-421 and Block 67, 58M-83, until such time as ni percent build-out of the subject draft plan of subdivision catch the satisfaction o may require the SUBDIVIDER to provide a letter of credit to the required cleaning of rector of Engineering Services. 3.19 The SUBDIVIDER shall be responsible for sediment from the s existing downstream sewers and existing stormwater management fa on Block 67, 58M-421 and Block 67, 58M-83, until such time as ni percent build-out of the subject draft plan of subdivision occur SUBDIVIDER to provide a letter of credit to the CITY to for any such facilities, t 3.20 The Subdivider agrees to design and construct a sanitary se Road from its existing Terminus on New Dundee Road at Robert Fer Block 27 Service Corridor, Stage 5, and to pay for all related c Services. 3.21 The SUBDIVIDER shall prepare a detailed engineering design management facilities including the required amount of infiltrat specified by the Upper Blair Creek (Kitchener) Functional Draina Director of Operations, the Regional Municipality of Waterloo, a the Grand River Conservation Authority. The detailed engineerin the stormwater management facilities outside the Hazard Land Zon supported by a Geotechnical Investigation Report that assesses t soils to support proposed infiltration measures. 2 - 16 CSD-15-050 Appendix A 3.22 Prior to servicing, or immediately following registration o first, the SUBDIVIDER agrees to convey easements over Block 10 ( Block 1 (Stage 2), being those blocks identified for contingency Services and as may also be required to ensure implementation, a maintenance of contingency infiltration facilities. The SUBDIVI that throughout during-construction monitoring (until 90% of the is stabilized meaning buildings are constructed and lots/blocks vegetated) and post-construction monitoring (two years after 90% catchment area is stabilized meaning buildings are constructed a sodded or vegetated), to implement the contingency infiltration tor of Engineering Services. 3.23 Prior to servicing or registration, whichever may occur fir new "end of pipe" stormwater management facilities including pon galleries, cooling trenches and other related appurtenances, the provide a letter of credit based on 60% of the estimated cost of pipe" stormwater management facilities and 100% of the estimated contingency end of pipe infiltration facilities to the satisfact of Engineering Services. The letter of credit will be reduced a construction" monitoring program has expired (two years after 90 catchment area is stabilized meaning buildings are constructed a sodded or vegetated) and the SUBDIVIDER'S consulting engineer ha "end of pipe" stormwater management facilities including ponds, cooling trenches and other related appurtenances, are functionin approved to the satisfaction of the CITY'S Director of Engineering 3.24 Prior to servicing or registration of each stage, whichever SUBDIVIDER shall provide a letter of credit based on 60% of the of credit will be reduced to 15% once 90% of the pond catchment (meaning buildings are constructed and lots/blocks are sodded or submission of the first quarterly report for post-construction m are functioning as desi Engineering Services. The balance of the letter of credit will - catchment area is stabilized meaning buildings are constructed a the satisfaction of the CITY 3.25 The SUBDIVIDER agrees to construct the storm sewer and appu road allowance as required for contingency infiltration faciliti adjacent road is constructed to the satisfaction o Services. 2 - 17 CSD-15-050 Appendix A 3.26 Prior to Servicing or Registration, whichever shall occur f prepare an On-Street Parking Plan and a Signage and Pavement Mar The On--Street Parking Policy and shall generally provide for one on-street par two dwelling units, where reasonable. Other options such as dri garage space, communal parking facilities and/or parking along p should be considered in accordance with CITY policy. 3.27 Prior to Servicing or Registration, whichever shall occurhe SUBDIVIDER shall confirm that the servicing drawings are coordinated with the LotOn-Street Parking Plan, Streetscape Plan and Master Tree Planting Plan req agreement. 3.28 Prior to Servicing or Registration, whichever shall occur f agrees to receive final approval of a Lotting Plan and of Design Lots to the satisfaction of the CITY With consideration for good engineering practice, the Design Gui Lots shall include, but not be limited to, the following conside a) For Corner Priority Lots, building elevation drawings shall ens consideration has been given to the design treatment along both frontages for each lot/dwelling, including such items as the pro porches, porticos, stairs or other projections; secondary or ang entries; horizontal articulation, brick or masonry-style skirtin front and exterior side yard and/or accentuated windows; increas massing and height; and consideration to fencing and landscaping b) For Gateway Priority Lots, building location, massing and eleva shall ensure that consideration has been given to the building i the street line and the design treatment along road frontages fo dwelling, including such items as the provision for porches, por other projections, secondary door entries, horizontal articulati masonry-style skirting and /or accentuated (bay) windows and con consideration to fencing and landscaping c) For Terminating Vista Priority Lots, building elevation and b drawings shall ensure that the garage face is not the primary te from the oncoming street, instead utilizing the habitable portio dwelling, porch, roof pitch, landscaping, etc. c) For Park Priority Lots, building elevation drawings shall ensure consideration has been given to the design treatment along the r and the park flankage for each lot/dwelling, including such item provision for porches, porticos, stairs, or other projections, secondary entry doors, horizontal articulation, brick and masonry-style skirting and/or accentuated windows; and consideration to fencing and landscapin 2 - 18 CSD-15-050 Appendix A d) For Heritage Transition Priority Lots, lot grading plans shall demonstrate the transition in grades from the lots to the Ormston Heritage House Dundee Road), avoiding where possible substantial grade changes and retaining walls. Landscape plans shall ensure the provision of plantings and uniform fencing along the common property line. Part 4 Prior to Application Being Made for Any Building Permit 4.18 The SUBDIVIDER agrees to submit building elevation, buildin and/or landscape drawings for Priority Lots as identified in the Lotting Plan and in accordance with the Design Guidelines for Pr dwellings shall be designed and constructed in accordance with t 4.19 The SUBDIVIDER agrees to undertake any measures required to pressure to all lots and blocks within the proposed plan of subd Part 6 Other Time Frames 6.15 The SUBDIVIDER agrees that construction traffic to and from subdivision shall be restricted to using New Dundee Road to Robe Blair Creek Drive or Thomas Slee Drive and prohibited from using residential streets in the community. The SUBDIVIDER agrees to contractors, builders and other persons of this requirement with Director of Engineering Services. 6.16 Prior to occupancy of the first unit being granted, the SUB the locations of all centralized mail receiving facilities to th f Planning. If required, the SUBDIVIDER shall provide temporary suitable centralized mailbox may be utilized by Canada Post until curbs, boulevards and sidew constructed for the plan of subdivision. 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 6.17 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. 2 - 19 CSD-15-050 Appendix A The SUBDIVIDER further agrees that the location of all Community be shown on maps, information boards and plans, including maps d sales office. 6.18 That the SUBDIVIDER or subsequent Owner agrees to include t on all Agreements 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 c) That notwithstanding the designation of an elementary school provincial funding model provides sufficient funds to construct there can be no assurance as to the timing of new school constru guarantee that elementary school accommodation will be provided subject plan prior to registration; and That until such time as a permanent school is assigned, and wherthe Waterloo Region District School Board has designated this subdiv Development Area for the purposes of school accommodation, and d the best efforts of the Board, sufficient accommodation may not be available for all anticipated students. You are hereby notified that stud accommodated in temporary facilities and/or bussed to a school o area, and further, that students may in the future have to be transferred to another school. 6.19 The SUBDIVIDER agrees that Block 28 (Stage 5) shall be consa future development block for the purposes of providing access and/or se lands fronting onto New Dundee Road. The SUBDIVIDER agrees that no building permits may be applied fo Block 28 until such time as these lands have been consolidated w onto New Dundee Road, or 5 years after registration of Stage 5. SUBDIVIDER agrees to demonstrate that reasonable efforts have be Director of Planning prior to the release of these lots for issu 6.20 That the SUBDIVIDER agrees to that Blocks 22 and 23 (Stage the SUBDIVIDER as future development blocks for the purpose of p access to Block 1 (Stage 2). The SUBDIVIDER agrees that no building permits may be applied fo Block 22 and 23 (Stage 3) until such time as the status of the S 2 - 20 CSD-15-050 Appendix A (Stage 2) has been determined to the satisfaction of tlanning, or within 5 years of registration of Stage 3, whichever may occu 6.21 The lots immediately adjacent to Blocks 21, 22 and 23 (Stage 3) and Blocks 28 As such, no solid fence with a height greater than 0.3m shall be erected within: a) the 1.5m side lot line setback abutting a street and b) the corner visibility triangle, as defined in the City's Fe-law. This condition shall not apply if Block 22 and 23 (Stage 3) proceed as development rather than as local streets , or if Blocks 29 and 30 (Stage 5) are not acquired for future access to adjacent lands in accordance with 6.19 and have been added to the subject lands. 6.22 The SUBDIVIDER or subsequent owner agrees to include the followin all Agreements of Purchase and Sale, and/or Rental Agreements wi until such time as a permanent school is constructed on Block 1, as a Development Area for the purposes of school accommodation, best efforts of the Board, sufficient accommodation may not be a anticipated students, you are hereby notified that students may temporary facilities and/or bused to a school outside the area, students may in future have 6.23 The SUBDIVIDER agrees to include a clause in all Agreements of Purchase and Sale, and/or Rental Agreements with home buyers that provide hom contact information for the four (4) School Boards in the Region to ensure that purchasers have contacts at the respective Boards for school bou related school accommodation inquiries. 6.24 The SUBDIVIDER agrees to install commemorative signage in a recommendations of the approved Heritage Impact Assessment, date 20, 2013 (revised February 2014) prepared by MHBC, and at timefr to Operations. The commemorative signage shall include, but not nec to the following: interpretive signage explaining the historic a the property; street signs named after early settler landowners park sign named after Ian C. Ormston. 6.25 The SUBDIVIDER agrees to implement pre, during and post con program as outlined in the Environmental Impact Assessment Repor November 2013) and Environmental Impact Assessment Report Addend Group, September 2014) to t. This will include biological monitoring and any additions or mod the CITY, Regional Municipality of Waterloo or Grand River Conse (GRCA) as part of the final review and approval of the monitorin SUBDIVIDER further agrees to implement any mitigation and remedi deemed necessary as a result of the aforementioned monitoring pr Engineering Services and the Director of Planning in consultatio Operations, the Regional Municipality of Waterloo, and the GRCA. 2 - 21 CSD-15-050 Appendix A 6.26 Prior to any site alteration, area grading, servicing or re this plan, the SUBDIVIDER shall obtain any necessary permits and the Ministry of Natural Resources (MNR) related to species at ri contiguous to the subject lands in compliance with the Endangered Species Act. Any measures required by MNR including but not limited to Overall Benefits Plans and/or Mitigation Plans shall be to the satisfaction of the Ministry of Natural Resource the City of Kitchener. 6.27 The SUBDIVIDER agrees to implement the findings and recomme Preliminary Geotechnical Investigation Report Proposed Residential Subdivision, Ormston property, 508 New Dundee Road, Kitchener, Ontario, prepa Inc., dated Engineering Services. In accordance with the Preliminary Geotec Report, the SUBDIVIDER shall specify over-excavation and removal silt layers and replace the silt with permeable sand fill if inf Further the SUBDIVIDER agrees more geotechnical investigation ma prior to final SWM pond and infiltration areas design to confirm Services. 6.28 Where a retaining wall is on private property a clause shal Development Agreement which will be registered on title listing Lots. Said agreement shall implement the following clause with retaining wall located on these lots and must be included in all purchase/sale and tenancy agreements. this property. The owner of this property owns his/her section wall. The retaining wall is not in public ownership. Monitoring, ma inspection, repair and replacement of this retaining wall, inclu costs, are the sole responsibility of the property owner. The C responsibility for this retaining wall. Should this retaining w If the repair and/or failure of the retaining wall is deemed by safety hazard, the city will issue a work order on the affected repair/replacement of the retaining wall is not started within 7 will undertake and complete the work. The cost of the work will 6.29 The SUBDIVIDER or subsequent Owner agrees to include a stat Agreements of Purchase and Sale that advises of lot level infiltration gallery requirements and the requirement to maintain such facilities inc requirement that homeowners are not permitted to disconnect down Agreements of Purchase and Sale with homebuilders shall obligate advise purchasers of the exact location, size and intent of the Director of Engineering Services. 6.30 The SUBDIVIDER agrees to construct required lot level infil 2 - 22 CSD-15-050 Appendix A installation prior to occupancy of the affected lot or block to 6.31 The SUBDIVIDER agrees site design for Block 10 (Stage 1) an 2),shall incorporate contingency infiltration facilities. The e blocks for contingency infiltration facilities may be released ( CITY'S Director of Engineering Services determines the easement( required over part of the identified blocks or not at all. A re in whole or in part, may occur concurrently with the issuance of each identified block. The SUBDIVIDER agrees that the CITY may, maintain an easement over the identified blocks for contingency whether such facilities are constructed or not at the time build for the said blocks, for such period of time as the CITY'S Direc Services determines appropriate. 6.32 The SUBDIVIDER, agrees that prior to occupancy being grante units in Stage 4 or 5, the construction of the Doon South Sewage and any other required sanitary upgrades shall be completed and es. 6.33 In the event that Stages 1 5 do not proceed to registration concurrently, the SUBDIVIDER agrees to construct connections to the stormwater man and temporary access roads, prior to applying for or being issue permits in Stages 1 5 inclusive. Such, connections and temporary access road shall be designed prior to servicing of Stage 1 and shall be bui Engineering Services. The SUBDIVDER agrees to assume all liabili respect to the construction and use of the temporary access road SUBDIVIDER agrees to provide all necessary easements for the tem and access roads all to the satisfaction o Services. 6.34 In the event that Stages 4 & 5 do not proceed to registrati SUBDIVIDER agrees to construct connections to the existing sanit on New Dundee Road, and temporary access roads, prior to applyin issued any building permits in Stage 4. Such, connections and te road shall be designed prior to servicing of Stage 4 & 5, all to Services. The SUBDIVDER agrees to assume all liability and costs with respect to the construction and use of road. 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 2 - 23 CSD-15-050 Appendix A any part of the land and to pay all outstanding taxes on the lan 4. The SUBDIVIDER shall install within the subdivision any require monuments under the direction of th 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 registra reference plan(s) showing the easements to the Kitchener-Wilmot Planning. b) to ensure that there are no conflicts between the desired location 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 f Director of Engineering Services, or, in the case of parkland, t Director of Operations; and e) to provide to the CITY'S Director of Planning, a clearance lett Kitchener-Wilmot Hydro, and telecommunication companies. Such letters shall state that the respective utility company has received all grants of easement, or alternatively, no easements are required. 8. The SUBDIVIDER shall dedicate all roads, road widenings and pub the appropriate authority, by the registration of the Plan of Su 2 - 24 CSD-15-050 Appendix A 9. The SUBDIVIDER agrees to convey, at no cost and free of encumbr following lands for the purposes set out below: To the CITY: Stage 1 a) Block 11 for stormwater management; b) Block 12 for park; c) Blocks 14 - 19 for 0.3m reserves. Stage 3 a) Block 17 for park; b) Blocks 18 & 19 for open space; c) Blocks 20 & 21 for walkway. Stage 4 a) Blocks 7 & 8 for 0.3 m reserves. Stage 5 a) Block 26 for open space; b) Block 27 for service corridor; 10. The SUBDIVIDER shall erect and maintain a subdivision billb Director of Planning. The SUBDIVIDER acknowledges that a Sign P for the subdivision billboard sign and that the sign shall be er accordance with the following criteria: 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 applications, all to the satisfactio 2 - 25 CSD-15-050 Appendix A 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 convenient accessibility for viewing; and e) The SUBDIVIDER shall ensure that the information is current date the sign is erected. Notice shall be posted on the subdivis billboard signs advising that information may not be current and Services Department Planning Division or the appropriate School Board for school accommodation information. f) The sign shall also advise prospective residents that studen subdivision may be directed to schools outside the neighbourhood 11. The SUBDIVIDER shall satisfy the total 5% parkland dedication f subdivision, which dedication is 1.05 hectares, by the conveyance of Block 12 (Stage 1) and Block 17 (Stage 3) to the CITY, at no cost and free of en will satisfy the entire parkland dedication. 12. The SUBDIVIDER agrees that the development of the subdivision m stages, in accordance with the following and of Planning: a) Stage 1 shall be registered first; b) Stage 2 may be registered concurrently with or subsequent to St c) Stage 3 may be registered concurrently with or subsequent to d) Stage 4 may be registered concurrently with or subsequent to St e) Stage 5 may be registered concurrently with or subsequent to St In the event that Stages 1 5 do not proceed to registration concurrently, the SUBDIVIDER agrees to construct connections to the stormwater man and temporary access roads, prior to applying for or being issue permits in Stages 1 5 inclusive. Such, connections and temporary access road shall be designed prior to servicing of Stage 1 and shall be bui Engineering Services. The SUBDIVDER agrees to assume all liabil respect to the construction and use of the temporary access road SUBDIVIDER agrees to provide all necessary easements for the tem Services. In the event that Stages 4 & 5 do not proceed to registration co SUBDIVIDER agrees to construct connections to the existing sanit on New Dundee Road, and temporary access roads, prior to applyin issued any building permits in Stage 4. Such, connections and te road shall be designed prior to servicing of Stage 4 & 5, all to Services. The SUBDIVDER agrees to assume all liability and costs with respect to the construction and use of road. 2 - 26 CSD-15-050 Appendix A 13. The SUBDIVIDER shall have landscape plans of the stormwater man facilities prepared by a Professional acceptable to the Director of Operations and to obtain therefrom, approval of such plans. 14. The SUBDIVIDER shall reserve Block 1 (Stage 2) for the Waterloo School Board and shall not contain less than 2.83 hectares. The agrees that prior to Registration of Stage 2, to provide to the Planning, a letter from the School Board indicating that satisfa have been made to acquire Block 1 (Stage 2) for school purposes. 15. The SUBDIVIDER agrees that all streets shall be named as shown 16. (2.20) Prior to grading or registration, whichever may occur fi shall prepare a detailed engineering design for stormwater manag including the required amount of contingency stormwater manageme specified by the Upper Blair Creek (Kitchener) Functional Draina Director of Operations, the Regional Municipality of Waterloo, a the Grand River Conservation Authority. The detailed engineerin the stormwater management facilities outside the Land Hazard Zon supported by a Geotechnical Investigation Report that assesses t soils to support proposed infiltration measures. 17. (3.23) Prior to servicing or registration, whichever may occur requiring new "end of pipe" stormwater management facilities inc infiltration galleries, cooling trenches and other related appur SUBDIVIDER shall provide a letter of credit based on 60% of the est the approved "end of pipe" stormwater management facilities and estimated cost of contingency end of pipe infiltration facilitie CITY'S Director of Engineering Services. The letter of credit w "post construction" monitoring program has expired (two years af catchment area is stabilized meaning buildings are constructed a sodded or vegetated) and the SUBDIVIDER'S consulting engineer ha "end of pipe" stormwater management facilities including ponds, cooling trenches and other related appurtenances, are functionin approved to the satisfaction of the CITY'S Director of Engineeri 18. (3.24) Prior to servicing or registration of each stage, whiche SUBDIVIDER shall provide a letter of credit based on 60% of the filtration facilities and contingency at source infiltration of credit will be reduced to 15% once 90% of the pond catchment (meaning buildings are constructed and lots/blocks are sodded or submission of the first quarterly report for post-construction m are functioning as designed Engineering Services. The balance of the letter of credit will - catchment area is stabilized meaning buildings are constructed a 2 - 27 CSD-15-050 Appendix A irector of Engineering Services. 19. (3.26) Prior to Servicing or Registration, whichever shall occu shall prepare an On-Street Parking Plan and a Signage and Paveme ation Services in consultation Operations. The On--Street Parking Policy and shall generally provide for one on-street par two dwelling units, where reasonable. Other options such as dri garage space, communal parking facilities and/or parking along p should be considered in accordance with CITY policy. 20. (3.27) Prior to Servicing or Registration, whichever shall occu shall confirm that the servicing drawings are coordinated with t Plan, Lotting Plan, Streetscape Plan and Master Tree Planting Pl agreement. 21. (3.28) Prior to Servicing or Registration, whichever shall occu agrees to receive final approval of a Lotting Plan and of Design Lots 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 frontages for each lot/dwelling, including such items as the pro porches, porticos, stairs or other projections; secondary or ang entries; horizontal articulation, brick or masonry-style skirtin front and exterior side yard and/or accentuated windows; increas massing and height; and consideration to fencing and landscaping b) For Gateway Priority Lots, building location, massing and eleva shall ensure that consideration has been given to the building i the street line and the design treatment along road frontages fo dwelling, including such items as the provision for porches, por other projections, secondary door entries, horizontal articulati masonry-style skirting and /or accentuated (bay) windows and con consideration to fencing and landscaping c) For Terminating Vista Priority Lots, building elevation and b drawings shall ensure that the garage face is not the primary te from the oncoming street, instead utilizing the habitable portio dwelling, porch, roof pitch, landscaping, etc. d) For Park Priority Lots, building elevation drawings shall ensure consideration has been given to the design treatment along the r 2 - 28 CSD-15-050 Appendix A and the park flankage for each lot/dwelling, including such item provision for porches, porticos, stairs, or other projections, s doors, horizontal articulation, brick and masonry-style skirting accentuated windows; and consideration to fencing and landscapin e) For Heritage Transition Priority Lots, lot grading plans shall minimization of transition slopes at the western property line o Heritage House (508 New Dundee Road), and landscape plans shall the provision of buffer plantings and uniform fencing along the property line. 24. of Engineering Services to demonstrate that the phasing for serv match staging boundaries, as identified in the preliminary servi 25. To expedite the approval for registration, the SUBDIVIDER shall 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 SUBDIVIDER agrees to stage the development of this sub satisfactory to the Regional Commissioner of Planning, Development and Legislative Services. 2. That the plan submitted for final approval may incorporate a lo which single detached, semi-detached and townhouse lots are perm not exceeding the density identified in the draft approval condi 3. That the subdivision agreement be registered by the City of Kitc which it applies and a copy of the registered agreement be forwa Commissioner of Planning, Development and Legislative Services prior to final approval of the subdivision plan. 4. a) That the SUBDIVIDER enter into an Agreement for Servicing with the Regional 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 occurs first. Where the 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 registraon of any part of the plan. The Regional Commissioner of Transportation and Enviro 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. b) That the SUBDIVIDER include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Sectio Planning Act, prior to the registration of this plan: 2 - 29 CSD-15-050 Appendix A "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." 5. That prior to any grading or construction, and final approval of all or any part of the draft plan of subdivision, a consultant Archaeologist shall carry out and Rescue Excavation of any significant archaeological remains the expense of the SUBDIVIDER to the satisfaction of the Ministry of Tourism, Culture and Sport. A copy of the Ministry of Tourism, Culture and Sport approval/acknowledgement must be forwarded to the Regional Commi Planning, Development and Legislative Services for clearance of this condition. 6. That prior to approval, the SUBDIVIDER prepare a final noise st Regional Municipality of Waterloo methods to be used to abate ro for all lots and blocks affected by New Dundee Road and Highway shall enter into a registered development agreement with the Cit Regional Municipality of Waterloo to provide for implementation of the accepted noise study attenuation measures, including any by future homeowner(s) for any proposed noise wall and/or berm o within the subdivision lands. 7. That prior to final approval and subject to any final physical identified in Condition 6 above, the SUBDIVIDER will be required a) grant easements, if deemed necessary by the Region, in favour o Municipality of Waterloo for access to any physical noise mitiga subdivision lands, including but not limited to Block 26 (Stage ; b) dedicate any road side half of any berm/wall proposed on the su the Regional Municipality of Waterloo; c) provide the necessary financial resources to the Regional Munic for the long term maintenance of any noise wall(s) proposed on R Guideline for Noise Policies; and d) that a), b) and c) above be completed to the satisfaction of th Commissioner of Planning, Development and Legislative Services. 8. That prior to final approval, or prior to commencement of any c the New Dundee Road (Regional Road 12) right-of-way, the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to obtain a Work Permit from the Region for such works. 9. That prior to final approval for Stage 1 or Stage 5 as the case 2 - 30 CSD-15-050 Appendix A enter into an agreement with the Regional Municipality of Waterl high maintenance free chain link fence within the New Dundee Roaof-way 0.15 metres from the property line of: i) stormwater management Block 11 (Stage 1) if necessary as determined by the City of Kitchener in consultation with the Region of Waterloo; ii) open space Block 26 (Stage 5), if a noise wall is not recommend above; and iii) that i) and ii) above be to the satisfaction of the Regional Co Planning, Development and Legislative Services. 10. That prior to final approval, the SUBDIVIDER shall enter into a Regional Municipality of Waterloo to provide the necessary finan installation of two (2) transit pads, to the satisfaction of the Planning, Development and Legislative Services. 13. That prior to final approval a lot grading and drainage plan be plan of subdivision to the satisfaction of the Regional Commissi Development and Legislative Services where the lands drain to a approval. The plan must be compatible with both the existing gr for the future widening for New Dundee Road. 14. That prior to final approval and subject to Condition 13 above, subdivision grading, cross sections along New Dundee Road and st grading plans indicating property line grades that will be compa conditions and future improvements to New Dundee Road based on f 15. That prior to final approval, and any land clearing, grading, o the owner submit a detailed erosion and sediment control plan ac Regional Commissioner of Planning, Development and Legislative S prevent sedimentation into the Core Environmental Feature (Park Space Block 18). Furthermore, the plan must be compatible with grades and future grades for the future widening of New Dundee R 16. That prior to final approval, the SUBDIVIDER submits for review stormwater management (SWM) report consistent with the objective Functional Drainage Plan to the satisfaction of the Regional Com Development and Legislative Services. Without limiting the fore address: a) the design and location of infiltration facilities; b) be compatible with both the existing and future grades for New c) where the end-of-pipe design changes so that a winter bypass is NOT included, groundwater mound modelling be re-done to allow for continuous i throughout the year; 2 - 31 CSD-15-050 Appendix A d) details related to the construction of conveyance infiltration faci e) for the cooling system proposed below the water table to meet t requirements for surface discharge to the wetland complex to the that the low water table depth be confirmed, through on-going mo the cooling trenches are placed at an appropriate depth; f) provide further details on: i) the outlet of the proposed stor cooling system discharging to New Dundee Road and, ii) prelimina connection of the cooling system to the future storm sewer on Ne g) provide further details on the proposed stormwater management o existing ditch on New Dundee Road, including bypassing of the ex culvert crossing New Dundee Road; h) revise the plans and design such that the outlet headwall is no New Dundee Road road allowance and include a preliminary design connection of the storm outlet to the future storm sewer on New i) confirm the ability of the receiving storm system along the exi of New Dundee Road, the 600 mm diameter pipe crossing New Dundee the downstream watercourse in terms of capacity and stability fo future drainage from New Dundee Road including upstream and adja areas, to the satisfaction of the City of Kitchener, the Grand R Authority, and the Regional Commissioner of Planning, Developmen Legislative Services; and j) provide further design details on the proposed emergency overfl the New Dundee Road allowance. 17. That prior to final approval of Stage 1, the SUBDIVIDER obtain Permit for the proposed maintenance access road within stormwate 11 (Stage 1), and that the SUBDIVIDER provide security gates wit Dundee Road. 18. That prior to final approval of stormwater management Block 11 SUBDIVIDER obtain an encroachment agreement from the Regional Mu Waterloo, if necessary, for the portion of the spillway within t Dundee Road. 19. That prior to servicing or final approval for Stage 1, whicheve SUBDIVIDER submits for review and approval a preliminary design, as deemed necessary by the Region, cost estimate and financial r outlets and drainage works of the proposed stormwater management Regional right-of-way of New Dundee Road, for both the existing road and future improved road conditions. In addition, that all associated stor improvement costs will be the responsibility of the SUBDIVIDER, the Regional Commissioner of Planning, Development and Legislati 2 - 32 CSD-15-050 Appendix A Furthermore, the SUBDIVIDER shall enter into an agreement with t Municipality of Waterloo to secure implementation of the above-n management works. 20. That prior to final approval of Stage 1 or Stage 5, the SUBDIVI a Boulevard Restoration Plan for New Dundee Road to the satisfac Commissioner of Planning, Development and Legislative Services a agreement with the Regional Municipality of Waterloo to provide the approved Boulevard Restoration Plan, if necessary. 21. Subdivision 30T-MTE Consultants, Revised September 12, 2014) to include: a) that the on-going groundwater monitoring program include monito as well as water quality parameters; and b) that during and post construction groundwater quality and quant continue beyond June 2015, and that such on-going monitoring sha two (2) years after 90 percent build-out of the subdivision plan 22. a) That prior to final approval, any existing private wells, monit used for monitoring purposes) and septic systems be decommission accordance with applicable laws and regulations to the satisfact Regional Commissioner of Planning, Development and Legislative Services. That prior to final approval, the SUBDIVIDER enter into an agree b) the City of Kitchener to decommission any long term monitoring w longer used for monitoring purposes, to the satisfaction of the Commissioner of Planning, Development and Legislative Services. 23. That prior to final approval, the SUBDIVIDER shall identify whic centreline road elevation lower than 304.8 mASL and enter into a City of Kitchener to include water pressure devices for each dwelling unit below this elevation and include in the Agreements of Purchase and Sale, and/or Rental Agreements a clause identifying the presence of water pressure reducing dev advising that it not be removed by the purchaser. 24. That prior to any land clearing, grading or construction on the SUBDIVIDER enter into an agreement with the Regional Municipalit indicate that no clearing of vegetation on the site occur during (May 1 - July 31) in compliance with the Migratory Birds Convention Act unless it can be ascertained by a qualified expert that no birds covered by th breeding in or adjacent to the affected area; 25. That prior to final approval, the Core Environmental Feature an the subject lands (Park Block 17 and Open Space Block 18) be pla conservation open space zoning (P-2), and that this block be con Kitchener as an addition to the Topper Woods Environmentally Sen park. 2 - 33 CSD-15-050 Appendix A 26. That prior to final approval, the SUBDIVIDER install permanent along the common boundary of any lots or blocks (Blocks 1, 2 and buffers of the Core Environmental Feature (Park Block 17 and Ope and that the fence be installed 15 centimetres within Blocks 17 of the City of Kitchener in consultation with the Regional Commi Development and Legislative Services. 27. That prior to final approval, the SUBDIVIDER submit landscaping all buffer areas contiguous to the Core Environmental Feature (P Space Block 18) and that recommended plantings consist of locall sustaining native vegetation to the satisfaction of the Regional Planning, Development and Legislative Services in consultation w Kitchener. 28. That prior to final approval, the SUBDIVIDER submit a detailed Core Environmental Feature (Park Block 17 and Open Space Block 1 Environmental Impact (Ecoplans, November 2013 and Addendum September 2014) to the satisfaction of the Regional Commissioner Development and Legislative Services. 29. That prior to final approval, the SUBDIVIDER develop a brochure tools for new home purchasers which provides information about t features within the subdivision along with advice about how they of these areas, and that the brochure be to the satisfaction of the SUBDIVIDER enter into an agreement with the Regional Municip distribute such brochure and other information tools to home pur 30. That prior to final approval of Open Space Block 18 (Stage 3), any garbage or debris from the subject Block to the satisfaction Commissioner of Planning, Development and Legislative Services i the City of Kitchener. 4.0 OTHER AGENCY CONDITIONS Waterloo Region District School Board 1. a) That prior to Registration of Stage 2, the SUBDIVIDER agrees to make satisfactory arrangements with the Waterloo Region District Scho respect to Block 1 (Stage 2). b) That prior to grading or registration of Stage 2, whichever occ SUBDIVIDER agrees to provide a copy of the relevant Area Grading the Waterloo Region District School Board for their review and c Director of Engineering Services. c) That prior to servicing or registration of Stage 2, whichever occurs first, the SUBDIVIDER agrees to provide a copy of the relevant Servicing Pl stormwater management measures to the Waterloo Region District S Board for their review and comment to the Director of Engineerin 2 - 34 CSD-15-050 Appendix A Grand River Conservation Authority 2. Prior to any grading or construction on the site, and prior the Subdivider or their agents will address the following condit of the Grand River Conservation Authority (GRCA): a) A detailed storm water management report in accordance with the Ministry of the Environment Report entitled "Stormwater Manageme Planning and Design Manual" and in keeping with the Upper Blair (Kitchener) Functional Drainage Study and the Preliminary Storm Management Report, prepared by MTE Consultants Inc. dated Septem 2014. b) A detailed Lot Grading, Servicing and Storm Drainage Plan. c) An Erosion and Siltation Control Plan in accordance with the Erosion and Sediment Control Guidelines for Urban Development and indicate the means whereby erosion will be minimized and silt maintained on site th phases of grading, serving and construction. The Erosion and Sed Control (ESC) Report and Plan will (but is not limited to): i. Outline the sequence for area grading and servicing i.e. season and staging of the area grading and servicing operations and the measures that will be utilized in this sequence to stabilize the minimize the area that may be exposed to erosion, such as sedime basins will be constructed outside the Stormwater Management Fac and optimize length width ratios of the sediment basins as per t noted ESC guidelines. ii. Outline all measures will be fully implemented and/or operation that growing season in order to stabilize the site immediately f area grading and/or servicing. iii. Identify in the during-construction monitoring for total suspen iv. Identify inspection reports will be completed weekly or afte rainfall event >15mm, whichever occurs more frequently. v. Submit each weekly report to GRCA on a monthly basis. vi. Identify the primary contact(s) responsible for the monitori maintenance of these works for each phase of development i.e. gr servicing and construction of the site. d) Approval of a Development, Interference with Wetlands and Alter Shorelines and Watercourses Permit from the GRCA prior to the an or development (as defined by the Conservation Authorities Act) regulated areas (if required). 2 - 35 CSD-15-050 Appendix A e) A Rapid Assessment and Action Protocol (RAAP) for erosion and s control and temperature mitigation in accordance with the Upper (Kitchener) Functional Drainage Study. 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 3.30 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. That prior to the signing of the final plan by the 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 telecommunication companies (Bell, Roger and 2.2.7 have been carried out satisfactorily. The clearance lhall include a brief statement detailing how each condition has been satisfied. 4. That prior to the signing of the final plan for Stage 2 the Director shall be advised by the Waterloo Region District Sc Condition 4.1 has been met to its satisfaction. The clearance le statement detailing how the condition has been satisfied or carr 6.0 NOTES 1. That prior to any land clearing, grading or other site alterati ensure compliance with the Endangered Species Act. 2. The owner/developer is advised that the provisions of the Regio By-law 14-046 are applicable. 3. The final plans for Registration must be in conformity with Ont amended, under The Registry Act. 4. It is the responsibility of the Owner of this plan to advise th Waterloo and the City of Waterloo Planning Departments of any ch agent, address, and phone and fax numbers. 5. The owner/developer is advised that the Regional Municipality o By-Law 15-019, pursuant to Section 69 of the Planning Act, R.S.O. amended, to prescribe a tariff of fees for application, recircul modification to draft approval and registration release of plans 6. The owner/developer is advised that pursuant to Regional By-Law 15-019, the current fee for review of a road traffic noise study is $250.00, payable Municipality of Waterloo upon submission of the study for review 2 - 36 CSD-15-050 Appendix A 7. This draft plan was received on or after January 1, 2007 and sha finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, 2006, c. 23 (Bill 51). 8. The Owner is advised that draft approval is not a commitment by 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' Development and Legislative Services Department initiate prepara When sufficient capacity is confirmed by the Region's Commission and Environmental Services to service the density as defined by registered, the owner/developer will be offered an "Agreement fo agreement will be time limited and define the servicing commitme Should the "Agreement for Servicing" expire prior to plan regist will be required. The owner/developer is to provide the Regional Municipality of copies of the proposed plan to be registered along with the writ servicing agreement 9. To ensure that a Regional Release is issued by the Regional Com Development and Legislative Services to the City of Kitchener pr responsibility of the Owner to ensure that all fees have been p conditions have been satisfied and the required clearance letter plan to be registered, and any other required information or app deposited with the Regional Planner responsible for the file, no 15th. Regional staff can not ensure that a Regional Release wou year end where the Owner has failed to submit the appropriate do date. 10. When the survey has been completed and the final plan prepared requirements of the Registry Act, they should be forwarded to th the plans comply with the terms of approval, and we have receive the Regional Municipality of Waterloo and the applicable clearan necessary arrangements have been made, the Manager of Developmen signature will be endorsed on the plan and it will be forwarded registration. The following is required for registr One (1) original mylar Three (3) mylar copies Four (4) white paper prints One (1) AutoCAD (.dwg) file 2 - 37 CSD-15-050 Appendix A 2 - 38 CSD-15-050 Appendix B PROPOSED BY LAW May 14, 2015 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 C. Ormston 508 New Dundee Road) WHEREAS it is deemed expedient to amend By-law 85-1 for the lan above; NOW THEREFORE the Council of the Corporation of the City of Kit enacts as follows: 1. Schedule Number 253 o-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specifie Area 1 on Map No. 1, in the City of Kitchener, attached hereto, Zone (A-1) to Residential One Zone (R-1) with Special Use Provision 445U and Special Regulation Provision 668R. 2. Schedule Numbers -law Number 85-1 are hereby amended by changing the zoning applicable to the parcel o and illustrated as Area 2 on Map No. 1, in the City of Kitchener from Agricultural Zone (A-1) to Residential Four Zone (R-4) with Special Regulation Provision 669R. 3. Schedule Numbers 248, 249, -law Number 85-1 are hereby amended by changing the zoning applicable to the parc specified and illustrated as Area 3 on Map No. 1, in the City of hereto, from Agricultural Zone (A-1) to Residential Four Zone (R Regulation Provision 669R and Special Use Provision 448U. 2 - 39 4. Schedule Numbers 253 and 254 -law Number 85-1 are hereby amended by changing the zoning applicable to the parcels and illustrated as Area 4 on Map No. 1, in the City of Kitchener from Agricultural Zone (A-1) to Residential Six Zone (R-6) with Special Regulation Provision 669R and Special Use Provision 448U. 5. Schedule Numbers -law Number 85-1 are hereby amended by changing the zoning applicable to the parcels and illustrated as Area 5 of Map No. 1, in the City of Kitchener from Agricultural Zone (A-1) to Neighbourhood Institutional Zone1) with Special Regulation Provision 669R and Special Use Provision 448U. 6. Schedule Numbers -law Number 85-1 are hereby amended by changing the zoning applicable to the parcels and illustrated as Area 6 of Map No. 1, in the City of Kitchener from Agricultural Zone (A-1) to Neighbourhood Institutional Zone Use Provisions 446U and 448U and Special Regulation Provision 66R. 7. Schedule Number 254 -law Number 85-1 is hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto, Zone (A-1) to Public Park Zone (P-1). 8. Schedule Numbers 248 and 254 -law Number 85-1 are hereby amended by changing the zoning applicable to the parcel o and illustrated as Area 8 on Map No. 1, in the City of Kitchener, from Agricultural Zone (A-1) to Open Space Zone (P-2). 9. Schedule Number -law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specifie Area 9 on Map No. 1, in the City of Kitchener, attached hereto, Zone (A-1) to Hazard Land Zone (P-3). 10. Schedule Numbers 248, 249, 253 and -law Number 85-1 are hereby further amended by incorporating additional zone boun on Map No. 1 attached hereto. 2 - 40 11. C-law 85-1 is hereby amended by adding Section 445U thereto as follows: 445U. Notwithstanding Section 35.1, 5.13.1 and 4.2 of this By-law, within lands zoned R-1 as shown as affected by this Subsection on : a) Semi-detached dwellings shall be permitted in accordance with Sections 6 and 40.2.6, and shall only be permitted as part of a multiple/cluster development. b) Multiple dwellings shall be permitted in accordance with Sections 6 and 40.2.6. c) In addition to those uses permitted by the R-1 zone, the following non-residential uses shall be permitted within buildings existing as of the day of the passing of the by- law, and within an addition not exceeding 25% of the gross floor area of the existing building: Craftsman shop Day Care Facility Dwelling Unit Health Office Health Clinic Studio Educational Establishment Office Personal Services Social Service Establishment Tourist Home Veterinary Clinic Parking for the foregoing uses shall be provided in accordance with Section 6 of the Zoning By-law; d) A tourist home shall have a maximum of four bedrooms. Notwithstanding Section 5.13.2, a tourist home may include up to two non-resident employees, may exceed 2 - 41 2 25% of the building gross floor area or 50m, parking may be provided in the rear yard, and may attract up to 8 overnight guests at any one time. Parking shall be provided in accordance with Section 5.13.2 i) ii), and parking lots shall be in accordance with regulations of Section 6 of the Zoning By-law. A tourist home with more than 2 bedrooms shall not be considered a home business and site plan control shall be required; and e) One dwelling unit shall be permitted in addition to any permitted non-residential use. 12. -law 85-1 is hereby amended by adding Section 446U thereto as follows: 446U. Notwithstanding Section 31.1 of this By-law, within lands zone1 as shown as affected by this Subsection on Schedule 253 and 254 , street fronting townhouse dwelling shall be permitted in accordance with the Regulations of Section 40.2. 13. -law 85-1 is hereby amended by adding Section 448U thereto as follows: Notwithstanding Sections 31.1, 38.1 and 40.1 of this By-law, within lands zoned I-1, R-4 and R-6 as shown as affected by thi , semi-detached dwellings are not permitted. 14. -law 85-1 is hereby amended by adding Section 668R thereto as follows: 668R. Notwithstanding Section 6.1 of this By-law, within lands zoned1 as shown as affected by this Subsection on Schedule 253 of , the driveway existing as of April 20, 2015 shall be deemed to comply to the regulations of this by-law for the exis single detached dwelling and any home businesses added thereto. 2 - 42 15. -law 85-1 is hereby amended by adding Section 669R thereto as follows: 669R. Notwithstanding Sections 31.3, 38.2 and 40.2 of this By-law, within lands zoned I-1, R-4 and R-6 as shown as affected by thi , the minimum setback for a front yard shall be 6.0 metres. PASSED at the Council Chambers in the City of Kitchener this day of , 2015. _____________________________ Mayor _____________________________ Clerk 2 - 43 CSD-15-050 Appendix B 2 - 44 CSD-15-050 Appendix C PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED PLAN OF SUBDIVISION AND AMENDMENT TO THE KITCHENER ZO UNDER THE SECTIONS 34 AND 51 OF THE PLANNING ACT 508 New Dundee Road The City of Kitchener has received applications for Draft Plan oto permit the lands to be developed with a low rise residential subdivision which includesa public elementary school site, a stormwater management pond, parks and open space. The lands are proposed t1, R-4 and R-6, park and natural lands zones P-1, P-2 and P-3, institutional zone I-1, as well as adding associated special use 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, JUNE 15, 2015 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 proposals. 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 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). Garett Stevenson , Senior Planner - 519-741-2200 ext. 7070 (TTY: 1-866-969-9994), garett.stevenson@kitchener.ca 2 - 45 CSD-15-050 Appendix D Garett Stevenson,BES, MCIP, RPP Senior Planner CSD - Planning Division th Kitchener City Hall, 6 Floor 200 King Street West, P.O. Box 1118 Kitchener ON N2G 4G7 Phone: 519-741-2200 x7070 TTY: 1-866-969-9994 Fax: 519-741-2624 garett.stevenson@kitchener.ca May 22, 2015 Dear Sir/Madam: RE: Courtesy Notice (Report: CSD-15-050) Proposed Draft Plan of Subdivision 30T-13203 and Zone Change ZC13/13/N/KS 508 New Dundee Road Owner: C. Ormston The City of Kitchener has received applications for approval of Zone Change for 508 New Dundee Road to allow the property to be residential subdivision (lands shown on map below). The subject lands are 20.973 hectares in size and are proposed to be developed with single detached dwellings, semi-detached, street townhouse dwellings, a public elementary s stormwater management pond, park and open space. The lands are low rise residential zones R-4 and R-6, park and natural lands z institutional zone I-1, as well as adding associated special pro 2 - 46 CSD-15-050 Appendix D Neighbourhood Meetings were held on these applications in March the applicant heard from residents that one main priority was th along the northern property line (adjacent to existing homes on the maximum number of trees as possible in the northern pine pla multi-use pathway as far away from existing dwellings as possibl staff committed to report back to residents with further detailsof proposed multi- use pathway and tree retention in the plantation near the north- In order to address concerns and requests of residents, the appl tree-saving in the pine plantation by adjusting the proposed str amount of grading required through the pine plantation through t rear of proposed lots. In total, 1.4 hectares of the plantation compared to 0.7 hectares in the original plan. The width of the increased from 15 to 18.5 metres to provide space to locate the and to allow priority trees, being those mature trees along the In addition, enhancement plantings will be provided along the pe edge, on graded slopes and along the multi-use trail. Enhancement native species in the disturbed and in the under-storey to help help to provide aesthetic benefits and additional vegetated scre this feature. The use of dense and thorny plantings along the t access as well. A copy of Multi-use Pathway and Tree Management Plan is attached Section Drawings demonstrating grading and building elevations. Planning & The proposed Plan of Subdivision and Zone Change have been scheduled for the Strategic Initiatives CommitteeMonday, June 15, 20157:00 p.m. on commencing at inthe Council Chambers, 2nd Floor, City Hall, 200 King Street West, Ki To view a copy of the Staff R(posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events, select the Planning & Strategic Initiatives Committee and view details). If you have questions, please contact 519-741-2200 x7070. the undersigned at Anyone wishing to submit a written response to the Committee, to meeting or to obtain advice regarding the meeting procedure, ple 519-741-2203 Services Division at . Please note that the report prepared by staff is a recommendatio matter will be made by City Council. Council would normally act Monday, June 29, 2015 committee at their next scheduled meeting on . To confirm that the matter is to be addressed at this meeting, pleaswww.kitchener.ca) 519-741-2203 or contact the Legislative Services Division at . Yours truly, Garett Stevenson cc: Councillor Yvonne Fernandes, Ward #4 2 - 47 CSD-15-050 Appendix D 2 - 48 CSD-15-050 Appendix D 2 - 49 CSD-15-050 Appendix D 2 - 50 CSD-015-050 Appendix E 2 - 51 CSD-015-050 Appendix E 2 - 52 CSD-015-050 Appendix E 2 - 53 CSD-015-050 Appendix E 2 - 54 CSD-015-050 Appendix E 2 - 55 CSD-015-050 Appendix E 2 - 56 CSD-015-050 Appendix E 2 - 57 CSD-015-050 Appendix E 2 - 58 CSD-015-050 Appendix E 2 - 59 CSD-015-050 Appendix E 2 - 60 CSD-015-050 Appendix E 2 - 61 CSD-015-050 Appendix E 2 - 62 CSD-015-050 Appendix E 2 - 63 CSD-015-050 Appendix E 2 - 64 CSD-015-050 Appendix E 2 - 65 CSD-015-050 Appendix E 2 - 66 CSD-015-050 Appendix E 2 - 67 CSD-015-050 Appendix E 2 - 68 CSD-015-050 Appendix E 2 - 69 CSD-015-050 Appendix E 2 - 70 CSD-015-050 Appendix E 2 - 71 CSD-015-050 Appendix E 2 - 72 CSD-15-050 Appendix F 2 - 73 CSD-15-050 Appendix F 2 - 74 CSD-15-050 Appendix F 2 - 75 CSD-15-050 Appendix F 2 - 76 CSD-15-050 Appendix F 2 - 77 CSD-15-050 Appendix F 2 - 78 CSD-15-050 Appendix F 2 - 79 CSD-15-050 Appendix F 2 - 80 CSD-15-050 Appendix F 2 - 81 CSD-15-050 Appendix F 2 - 82 CSD-15-050 Appendix F 2 - 83 CSD-15-050 Appendix F 2 - 84 CSD-15-050 Appendix F 2 - 85 CSD-15-050 Appendix F 2 - 86 CSD-15-050 Appendix F 2 - 87 CSD-15-050 Appendix F 2 - 88 CSD-15-050 Appendix F 2 - 89 CSD-15-050 Appendix F 2 - 90 CSD-15-050 Appendix F 2 - 91 CSD-15-050 Appendix F 2 - 92 CSD-15-050 Appendix F 2 - 93 CSD-15-050 Appendix F 2 - 94 CSD-15-050 Appendix F 2 - 95 CSD-15-050 Appendix F 2 - 96 CSD-15-050 Appendix F 2 - 97 CSD-15-050 Appendix F 2 - 98 CSD-15-050 Appendix F 2 - 99 CSD-15-050 Appendix F 2 - 100 CSD-15-050 Appendix F 2 - 101 CSD-15-050 Appendix F 2 - 102 CSD-15-050 Appendix F 2 - 103 CSD-15-050 Appendix F 2 - 104 CSD-15-050 Appendix F 2 - 105 CSD-15-050 Appendix F 2 - 106 CSD-15-050 Appendix F 2 - 107 CSD-15-050 Appendix F 2 - 108 CSD-15-050 Appendix F 2 - 109 CSD-15-050 Appendix F 2 - 110 CSD-15-050 Appendix F 2 - 111 CSD-15-050 Appendix F 2 - 112 CSD-15-050 Appendix F 2 - 113 CSD-15-050 Appendix F 2 - 114 CSD-15-050 Appendix F 2 - 115 CSD-15-050 Appendix F 2 - 116 CSD-15-050 Appendix F 2 - 117 CSD-15-050 Appendix F 2 - 118 CSD-15-050 Appendix F 2 - 119 CSD-15-050 Appendix F 2 - 120 CSD-15-050 Appendix F 2 - 121 CSD-15-050 Appendix F 2 - 122 CSD-15-050 Appendix F 2 - 123 CSD-15-050 Appendix F 2 - 124 CSD-15-050 Appendix F 2 - 125 CSD-15-050 Appendix F 2 - 126 CSD-15-050 Appendix F 2 - 127 CSD-15-050 Appendix F 2 - 128 CSD-15-050 Appendix F 2 - 129 CSD-15-050 Appendix F 2 - 130 CSD-15-050 Appendix F 2 - 131 CSD-15-050 Appendix F 2 - 132 CSD-15-050 Appendix F 2 - 133 CSD-15-050 Appendix F 2 - 134 CSD-15-050 Appendix F 2 - 135 CSD-15-050 Appendix F 2 - 136 CSD-15-050 Appendix F 2 - 137 CSD-15-050 Appendix F 2 - 138 CSD-15-050 Appendix F 2 - 139