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HomeMy WebLinkAboutCSD-16-013 - Draft Plan of Subdivision 30T-91005 & Zone Change REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: April 11, 2016 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 x7869 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: March 14, 2016 REPORT NO.: CSD-16-013 SUBJECT: MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-91005 (SANDRA SPRINGS) ZONE CHANGE APPLICATION ZC07/23/L/JB LACKNER BLVD/OTTERBEIN ROAD OWNER: WM. J. GIES CONSTRUCTION LIMITED ___________________________________________________________________ Figure 1 Subject Property *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 EXECUTIVE SUMMARY: IN 1995 the Sandra Springs Draft Plan of Subdivision, 30T-91005, and implementing zoning were approved.These lands were subsequently purchased by Wm. J. Gies Construction Limited. The new owner is seeking approval to modify the existing Draft Plan of Subdivision andimplement those plan revisions through a zoning by-law amendment application. The purpose of the modification and zone change application is two-fold: 1. to re-zone Block 133 and develop it for residential and open space purposes; and2. to extend the subdivision boundary of 30T-91005 to include a2.9 hectare parcel of land located adjacent to Lackner Boulevard (formerly known as the Y. and Y. Resources lands) andre-zone and develop it for residential purposes.In total, these lands represent 22.15 hectares (54.7 acres). Approximately 326 units are proposed comprised of single,semi-detached and multiple dwelling units.A small commercial block of land is also proposed. Staff is in support of the proposed modified Plan of Subdivision and zoning by-law amendment, subject to the conditions outlined in Appendix C of this report. RECOMMENDATIONS: A.That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and Delegation By-law 2002-64, hereby modifies the conditions of draft approval forPlan of Subdivision Application 30T-91005,as providedin Appendix Awith conditions outlined in Appendix C,in the City of Kitchener, for Wm. J. Gies Construction Limited,ANDFURTHER THAT, B.That Zone Change Application ZC 07/23/L/JBfor Wm. J. Gies Construction Limited for the purpose of changing the zoning from:Agriculture One (A-1); Residential Three (R-3); Residential Three (R-3) with Special Regulation Provision 212R; Residential Four (R-4); Public Park Zone (P-1); Open Space Zone (P-2) and Hazard Lands Zone (P-3)to:Residential Three Zone (R-3);Residential Four (R-4); s Residential Six (R-6)Residential Six Zone (R-6) with Special Regulation Provision 670R;Residential Six (R-6) with Special Regulation Provision 670R and Special Use Provision 447U;Convenience Commercial Zone (C-1) with Special Use Provision 450U;Public Park Zone (P-1);Open Space Zone (P-2);and Open Space (P-2) with Special Regulation Provision 677Rbe approvedin the form shown in the -March 1, 2016and Map 1 attached to Report CSD-16-013 B; REPORT: In 1995, the Sandra Springs Draft Plan of Subdivision, 30T-91005 was approved (See Appendix A). This plan was part of the emerging Grand River North community developing at the time. This plan proposes the northerly road extensions of Otterbein Road and Dunnigan Drive and consists of 187 single detached lots, a neighbourhood park, a storm water management pond and a private amenity block to be developed as a privately owned and maintained pond. The Sandra Springs property was sold to William J. Gies Construction Limited. Mr. Gies then purchased the former Y. and Y. Resources Ltd. lands. This 2.9 hectare parcel of land was subject to draft plan of subdivision application, 30T-94026. The intent of this draft plan was to be an extension of the Sandra Spring plan. The application was put on-hold and never received draft approval. The zoning affecting this parcel of land remains Agricultural One (A-1). In 2007, Wm. J. Gies Construction Limited submitted an application to modify portions of the approved draft plan of subdivision, 30T-91005. The modification to the plan consists of 1 - 2 removing Open Space Block 133 (private amenity pond) and replacing it with residential land use (single detached lots) and open space (re-located neighbourhood park) and to add the former Y. and Y. Resources Ltd. 2.9 hectare parcel of land into the draft plan boundary andre- zone it for residential land use. The locations of Block 133 and the former Y. and Y. Resources lands are indicated in grey below. Zone change application (ZC07/23/L/JB) was submitted to implement the proposed subdivision modification request. Through the application review process, the modified plan being recommended for approval consists of 326 units comprised of single and semi-detached, street townhouse and multiple dwelling units, a commercial block, storm water management pond, and a re-located neighbourhood park. The modified draft plan C Figure 2 - Map of Subject Property Showing Existing Zoning (Owner seeking Zone Change ) approval for areas outlined in grey Provincial and Regional Policy Conformity Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities. Specific policies promote the efficient development of lands; the provision of a range of housing types, institutional lands, parks and open spaces to meet long-term needs; avoiding development that may cause environmental, public health or safety concerns; and providing land use patterns that are transit supportive, and that support active transportation, including the provision of trails and linkages. The proposed development is consistent with the PPS. 1 - 3 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are within the designated area as defined by the 2006 Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and transit services and which creates high quality public open spaces that support opportunities for walking and cycling. The subject applications comply with the policies of the Growth Plan. Regional Official Plan The subject lands are within the Urban Designated Built-Up Area established in the Regional Official Plan (ROP). Regional policy supports development of complete communities having development patterns and densities that support walking, cycling and transit and which protects the natural environment and groundwater resources. Policies support the creation of a continuous network of sidewalks, trails and bicycle pathways that provide safe and convenient links within the neighbourhood and to other neighbourhoods. Regional staff supports the proposed modified plan of subdivision. Municipal Policy Considerations Official Plan Designation (in effect) Official Plan. Low Rise Residential districts shall accommodate a full range of housing typesat a maximum density of 25 units per hectare aswell as othercompatible non-residentialuses. In these districts the City favours the mixing and integration of different forms of housing to achieve anoverall low intensity of use.The proposed range of residential, park and open spaceand neighbourhood commercialusesunderconsiderationconforms to the Low Rise Residential designation.The proposed density of 15 units per hectare is below the maximum density targetof 25 units per hectare. It is important to note that the 25 units per hectare target is considered city wide which results in some areas achieving densities that exceed the target of 25 units per hectare while other areas do not exceed. New Official Plan (under appeal) The subject lands are designated primarily Low Rise Residential with some Open Space and Mixed Use (under appeal). The Low Rise Residential Designation accommodates a full range of housing types at an overall low intensity of use. The proposed residential uses conform to the designation in this plan. The Open Space designation applies only to those sections of the subject lands that are currently zoned open space which includes Block 133. Block 133 is not identified as Core Environmental Feature but does fall under the jurisdiction of the Grand River Conservation Authority as a regulated area.Knollwood Court remains a Low Rise Residential designation and not a Core Environmental Feature. The woodlot surrounding Knollwood Court is however designated a Core Environmental Feature. Strategy The strategy outlines where new development will take place within our city to ensure it's complementary to our community priorities, and aligned with our future infrastructure investmentsassigned which means the City places a higher emphasis in bringing these lands into municipal approval for development. 1 - 4 Existing & Modified Draft Plan of Subdivision, Zoning & Technical Considerations Existing and Proposed Modified Subdivision Design (30T-91005) The existing subdivision design establishes the design principles set out in the Grand River North Community Plan (now rescinded).The northerly road extensions of Otterbein Road and Dunnigan Drive dictated the overall road pattern and established the overall design. The vision of the plan was to construct a residential development of exclusively single detached lots around a centrally located private amenity pond. This area of the plan is known as Block 133. Block 133 was to be a privately owned and managed pond by residents of this community. The plan of subdivision consists of 179 single detached lots, 8 future single detached lots, a storm water management pond, a neighbourhood park and a private amenity space block. Approvals for this plan of subdivision were obtained in 1995 (see Appendix ). Wm. J. Gies Construction Limited purchased these lands with the intent of moving forward with the registration and construction of the approved 1995 plan. Dueto liability and safety concerns associated with a privately-owned and maintained pond, the developer set out to explore the feasibility of changing the zoning of Block 133 rather than sterilizing land.A technical solution was sought which would allow the filling in and the capture of the groundwater within this area. The technical solution has been evaluated as part of the zone change review process. The former Y. and Y. Resources property was purchased by Mr. Gies and was subsequently added into the plan boundary of 30T-91005. This 2.9 hectare parcel of land was the subject of a separate subdivision application filed in 1994. The application was put on-hold and the zoning remains Agriculture One (A-1). The intent has always been for the development of these lands to be an extension of the Sandra Springs plan of subdivision. Now under common ownership, a decision was made to include these lands and seek approvals for a comprehensively and coordinated planned development. The overall area of the plan increases from 18.2 to 22 hectares. A change in zoning is required to bring these additional lands into the draft plan from agricultural to residential. Road stubs are currently located at the terminuses of Otterbein Road, Dunnigan Drive and Knollwood. The road pattern of the modified proposal is essentially the same with the planned northerly road extensions of Otterbein Road and Dunnigan Drive and easterly extension of Knollwood Court. A change has occurred to the road configuration, however. Rather than Otterbein Road terminating in a 3-way stop with Dunnigan Drive, a roundabout has been introduced intersecting these two roadways. The roundabout will provide for amore efficient and orderly flow of vehicular traffic through the subdivision. Otterbein Road will be extended through the adjacent lands.It will connect with Lackner Boulevard providing a secondary access. The combination of the roundabout and connection with Lackner Boulevard will help in diverting vehicular traffic from this subdivision away from Keewatin Avenue.Quarry Park Drive is proposed to be extended through Block 133 to connect with Dunnigan Drive. The extension of this roadway is a new road addition to the plan. The proposal under review consists of 326 units comprised of single and semi-detached, street fronting townhouse and multiple dwelling units in eight (8) stages of development. The majority of the land area is being maintained for single detached dwellings to ensure proper transition and conformity with the existing residential lotting fabric of adjacent residential areas. The majority of the lots within the plan are considered large, with frontages ranging from approximately 12.0m (40 feet) to 20m (65 feet). Proposed multiple residential blocks are located next to Lackner Boulevard and away from existing residential areas. Multiple dwelling units have been introduced to not only meet the objectives that encourage a range of housing types within residential neighbourhoods, but also to assist in mitigating road noise and 1 - 5 preventing a needto erect noise walls along Lackner Boulevard. Multiple residential blocks transition to street fronting townhomes and semi-detached dwelling units located along on the west side of Dunnigan Drive. These forms of housing transition to single detached dwelling units situated along the east side of Dunnigan Drive. Transitioning of dwelling types by form and by height is a key urban design principle. Stages 1 and 2 of the development establish the main servicing and street requirements of the plan. Development of Stages 3 through 8is dependant on Stages 1 and 2 being constructed. The location of the park is proposed to change. With Block 133 under a zone change request, staff saw an opportunity to shift the park location to be centrally located andwith street frontage onto Quarry Park Drive. The new park location is identified as Block 65 on the modified plan. Block 65 is connected with Open Space Blocks 70 and 71. These three blocks connect with a proposed trail running along storm water management Block 72. Block 65 will be the active park space with a play structure and benches. Blocks 70 and 71 will be passive park space with meandering trails and benches. The new park location improves pedestrian connection to the existing trail network and pedestrian movement throughout the plan in general. A commercial block has been introduced to the plan. It is located at the corner of Keewatin Avenue and Lackner Boulevard. It is identified as Block 2.The intent of this block is to serve the neighbourhood commercial needs of the surrounding neighbourhood.At present, there are no plans to develop the commercial block. Proposed Zone Change The subject lands are presently zoned Residential Three (R-3), Residential Four (R-4), Open Space (P1, P2 and P-3) and Agricultural (A-1). In order to implement the modified draft plan, a number of by-law changes are required to change the land use. The proposed Zoning By-law and Map 1 are found in Appendix B of this report. An explanation of the proposed changes is provided below. Large segments of the Residential Three (R-3) and Residential Four (R-4) zoning that dominated the original plan remains but in a slightly different area configurations. These two zones correspond with the single detached lotting shown throughout the plan. Residential Six (R-6) zoning has been introduced to permit multiple dwellings. Generally, the area between Dunnigan Drive and Lackner Boulevard is being zoned R-6 to accommodate the semi-detached, street fronting townhouses and multiple dwellings being proposed in that location. Special Use Provision 447U and Special Regulation Provision 670R have been added to the zoning of the multiple blocks to permit expanded home occupation use, to allow an increase in building height from 10.5m to 14m for buildings located within a 15m setback of Lackner Boulevard and permit amoderate increase of the Floor Space Ratio from 0.6 to 0.75. Given a drop off in grades on the site, an increase in the building height is necessary to ensure noise attenuation can be achieved through building location and site design rather than the use of noise walls. Public Park, Open Space and Hazard Land Zones (P-1, P-2 and P-3) remain largely throughout areas of the plan with new areas added and some removed. The location of the public park has shifted to where Block 133 is situated and portions of Block 133 are slated for single detached residential development. Accordingly, the Open Space (P-2) zoning has changed to P-2 and R- 3 zoning to accommodate these changes to Block 133. New Open Space (P-2) zoning has beenadded to Knollwood Court. The new zoning is of a split of Residential Three (R-3) with Special Regulation Provision 212R andOpen Space (P-2) with Special Regulation Provision 677R. The Open Space (P-2) corresponds with the limit of development placed on these lots. 1 - 6 Recommendations Plan. The Residential Three (R-3) zoning pertains to those portions of the lots where new home construction can occur. Because of the split zoning, 677R clarifies that Residential Three (R-3) with 212R regulations apply and that no development is to occur within the P-2 zone boundary. A commercial block of land has been introduced to the plan. The proposed location is at the corner of Keewatin Avenue and Lackner Boulevard. The proposed zoning is Convenience Commercial (C-1) with Special use Provision 450U. This zoning permits a limited range of commercial uses and excludes agas station and carwash. Staff is of the opinion that the proposed zoning categories that implement the modifications to the approved plan are both necessary and appropriate in terms of providing for a complete community with a balance of housing types, a new and expanded park location with enhanced pedestrian connections and visibility within the neighbourhood, a commercial block that will serve the needs of the neighbourhood and for the protection of trees to be retained on the residential lots within Knollwood Court. Environment There are no current provincial, regional, or local natural heritage designations (other than Open Space) on the subject property nor did any exist at the time of the approval of the Draft Plan in the mid-nineties. The woodlot surrounding Knollwood Court is designated a Core Environmental Feature but the residentially zoned lands of Knollwood Court are not within this designation. Kolb Creek Kolb Creek parallels the east property limit on land conveyed to the City in the mid-nineties after a natural channel design stream restoration project completed as part of the initial design of the subdivision. Kolb Creek is considered a potential coldwater stream meriting Level 1 protection with respect to the design of the stormwater management system. Knollwood Court Knollwood Court, as approved in 1995, will bisect a mature Sugar Maple-Beech forest / woodlot and end at a clearing. The southeast, northwest and northeast edges will be maintained through tree saving measures and zoning within the rear of lots. Both tree-saving measures and zoning will allow lots to be designed to meet the needs of the potential homeowner/builder while taking into consideration the retention of trees and vegetation. Tree-saving measures will require an approved tree-saving plan for each lot prior to building permit and, in addition to enhancement plantings; tree-saving requirements are included as conditions of approval. A limit of development has been established to form a boundary between where development can and cannot occur on each lot. This is reflected in new zoning for this area of the plan. The new zoning is a split of Residential Three (R-3) (212R) and Open Space (P-2) (677R). This has been done to ensure the best protection possible for trees to be retained and to provide transparency to future lot owners. Block 133 Wetland Area The current wetland limits on the site associated with Block 133 are the result of anthropogenic influence. The site was previously mined for sand and gravel extraction which intercepted groundwater. Partial rehabilitation of the pit created an open pond for recreational use. This pond was drained and subsequent naturalization has resulted in the current wetland conditions on the site. This area is regulated by the Grand River Conservation Authority. 1 - 7 The Grand River Conservation Authority has approved the removal of the wetland in accordance with the GRCA Wetlands Policy (2003) and the GRCA Policy for the Administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation, Ontario Regulation 150/06 (GRCA 2009). Two specific measures have been developed to mitigate wetland removal: maintenance of and transplant of Regionally Significant Greenish Sedge to appropriate nearby habitat, with transplant success monitoring. Conceptual strategies have been prepared and they will be included in the agreement conditions.These two measures have been supported by staff and are implemented through conditions of draft approval. Environmental Impacts It is recognized that some environmental impacts will occur because of the development. To limit the environmental impacts, standard construction-related mitigation, as well as project- specific mitigation will be implemented. This includes erosion and sediment control, lot-specific tree preservation plans, tree protection fencing, protection of Migratory Birds, transplanting the Regionally Significant Greenish Sedge and collection and distribution of groundwater from the site to Kolb Creek. Sanitary Servicing All lots will be serviced with gravity sanitary drainage in accordance with the City of Kitchener standards. The subdivision sanitary sewer will drain to the existing 450mm diameter sanitary trunk sewer located within the existing Otterbein Road right of way, which outlets to the existing sanitary sewage pumping station located at the intersection of Otterbein Road and Brandy Crescent. Water Servicing All lots will be serviced with a municipal water service in accordance with the City of Kitchener standards. The municipal water supply will be provided by ultimately three connections to the existing municipal distribution system. Two of the connections are included in this development which is a connection to the existing 200mm diameter watermain at the plug at existing Otterbein Road and a connection to the existing 300mm diameter watermain at the plug at Dunnigan Drive. The third connection will be to the existing 300mm diameter watermain at Lackner Boulevard through the adjacent lands. The ultimate development will require the three connection points to meet the municipal water demands. Storm Servicing and Stormwater Management Storm servicing will be provided to the entire development via storm sewers within the proposed right of ways and will be in accordance with the City of Kitchener standards. To provide stormwater management for the development in accordance with the City of Kitchener standards and MOEE Design Guidelines (2003), a stormwater management facility will be constructed on the east side of the development. This facility will provide stormwater management for this development and the adjacent development northwest of the subject lands. The storm sewers within the proposed road networks will convey storm drainage to the stormwater management facility which will ultimately discharge to the Kolb Drain to the east. The design criteria of the stormwater management facility will meet the intent of the Kolb Drain Master Drainage Plan (1989). The stormwater management facility must be constructed prior to any other infrastructure. 1 - 8 Parkland and Trails The Planning Act enables municipalities to require 5% of the land area to be conveyed for park space or a cash-in-lieu contribution. The original draft approval required dedication of land through the conveyance of Block 43. The modified plan consists of 5% parkland dedication as well. A new park location has been proposed and consists of dedicating Blocks 70, 71 and 65 to the City upon registration of the Stages 1 and 2 of the plan, respectively. Inaddition, the developer has agreed to convey to the City several blocks of lands identified as open space hazard lands and trails.The developer will be responsible for the design and grading of these facilities . TheCity will assume ownership and on-going maintenance. Transportation and Traffic Transportation Planning staff are satisfied with the layout of streets and the roundabout within the subdivision. On-street parking plans are required as a condition of approval. Sidewalks are required on both sides of all streets. A Transportation Impact Study was submitted to assess the impact of the traffic on the surrounding road network. It has been reviewed and the findings of the report have been accepted by both Regional and City Transportation Planning staff. The recommendations of the study require road intersection improvements and these have been included as conditions of approval. Road & Stationary Noise Study The Region of Waterloo is the delegated approval authority for the review and approval of traffic and stationary noise studies. The Region has reviewed traffic and stationary noise reports Regional staff concurs with the recommendations noted in those reports. The recommendations include noise warning clauses, air conditioning, maximum building heights of windows, and a requirement for further noise studies for the multiple residential blocks at the site plan stage. These are included as . conditions of approval Agency Comments Any requirements have been addressed or are included as conditions of approval. Community Input The application to amend the approved draft plan was first circulated to the public in January 2008. Twenty One (21) responses were received. The majority of the concerns were related to the impacts on the environment and traffic related to construction traffic routing, impact on Keewatin Avenue and a need to provide a road access to Lackner Boulevard. In December 2014, a Neighbourhood Information Meeting (NIM) was held at the Lyle Hallman Pool Community Centre. The purpose was to bring residents up to date with the plan, inform them of the application under consideration, the planning process and to discuss any concerns with the plan. The meeting was well attended with a total of 33 residents who signed into the meeting. A number of concerns/comments wereraised includingimpact on property values;concern with commercial adjacent to existing residenceson Keewatin Avenue;impact on the environment (ie. loss of trees/vegetationon Knollwood Court, loss of wildlife habitat, filling in of the wetland area (Block 133) and impact on groundwater);grading impacts on adjacent residential properties; traffic impacts to surrounding road network (ie.Lackner, Keewatin); loss of open space/preference to 1 - 9 retain Block 133; concern over the increase in number of residential units and density and impacts associated with road noise bouncing off multiple dwellings onto adjacent properties. Since the NIM, there has been on-going dialogue (including meetings) with several residents who contacted staff through the 2015 and early 2016 calendar year. Resident comments are found in Appendix F of this report In response to these concerns, the developer has prepared a detailed letter outlining specific measures to address and /or mitigate impacts as well as proposing changes to the plan. The letter was sent out to approximately 40 members of the public/media who provided contact information at the NIM, sent staff written comments afterwards or who contacted staff after the NIM meeting. A copy of the letter is attached to this report in Appendix F. Specific measures undertaken to address concerns and/or improve the plan are as follows: Providing a traffic roundabout and requiring a road access through adjacent lands to connect with Lackner Boulevard as part of Stage 1 for overall improved traffic flow, traffic calming and directing traffic away from the existing neighbourhood. Establishing an engineered groundwater management system to collect cold groundwater and direct it to Kolb Drain to address groundwater impacts and provide environmental benefits to the Kolb Drain cold water stream and re-located Greenish Sedge. Providing a centrally located and highly visible park space that connects with existing trail network for overall improved pedestrian connection and flow. Providing a variety of housing types while keeping larger lot sizes to maintain transition with the existing adjacent residential areas. Locating multiple residential blocks adjacent to Lackner Boulevard and away from the existing neighbourhood. Reducing the size of the commercial block to avoid interface and compatibility issues with adjacent residences. Ensuring the development will comply with the Endangered Species Act. Providing updated tree savings measures for Knollwood Court and zoning the limit of development on those lots to Open Space (P-2) for improved tree protection and transparency. response to concerns is provided below: Impact on Property Values Residents have also raised concerns that the proposed development may impact their property values. It is difficult for planning staff to comment accurately on the impact that a proposed development may have on the value of nearby homes. MPAC assesses homes based on as many as 200 different factors ranging from the size of the house and lot and the location, to the number of bathrooms and quality of the construction. Market values depend on a host of different factors including the state of the economy a Planning staff do not consider market value to be a land use planning matter. Planning staff focus on whether the development is good planning with respect to the community as a whole. The proposed development helps to achieve a number of development goals set out in the Official Plan and the Kitchener Growth Management Strategy. Compatibility Concern over Commercial adjacent to Existing Residential At the NIM, concern was expressed over the location and size of the proposed mixed use block being next to residences situated along Keewatin Avenue. To respond, staff sees the merit in 1 - 10 having neighbourhood-scaled commercial lands as part of this subdivision. The Official Plan supports the inclusion of commercial land use within residential neighbourhoods, and it assists complete communities. Staff does however understand the concerns expressed and has agreed to reduce the size of the commercial and move it further away from residents to avoid interface and compatibility issues. A commercial block is now located at the corner of Keewatin Aveune and Lackner Boulevard. It has been zoned for neighbourhood type and scale commercial uses and excludes a gas station and carwash. Density Concern was expressed regarding the increase in the number of units proposed and perceived higher density as a result. The modified plan proposes a range of housing types that are considered appropriate and compatible in a low rise residential neighbourhood context. The total unit count of the plan is 326 over an area of 22 hectares. That represents a density value of 15 units per hectare. The original plan proposed 187 units over 18 hectares equalling 10 units per hectare. throughout the Low Rise Residential designation for all areas within the City, recognizing certain areas may be above this value and other areas below.Therefore, the proposed density is considered appropriate and in keeping with the direction of the Official Plan. Loss of Open Space Wish to Retain Block 133 Concern was expressed regarding the loss of open space by changing the zoning of Block 133 from open space to residential. To respond, Block 133 of the original draft approved plan was intended for private open space purposes to be used for aman-made pond. It was to be privately owned and managed by the future residents of the subdivision. This private pond would have limited accessibility due to steep slopes and no visibility to the general public because of the surrounding lotting fabric. Due to grading and servicing of the subdivision, Block 133 would be completely transformed from what the public perceives and uses this space for currently. This is a result of having the site to undergo extensive grading due to the fact it is an old gravel pit. The actual City park block (Block 43) for open space purposes was located elsewhere on the plan and served as the 5% parkland dedication required under the Planning Act. The proposal to re-zone and develop Block 133 will not affect the requirement to convey 5% of the land area. In fact, with the conveyance of other hazard lands and trail open space blocks and including the 5% land dedication for parkland, the amount of open space is closer to 12%. Loss of Trees on Knollwood Court A great deal of question and concern was voiced with respect to the environmental impacts of the proposed development of Knollwood Court with respect to the loss of animal habitat and particularly the loss of trees. To respond, Knollwood Court was approved and zoned residential in 1995. The developer hasnot requested to change or alter the zoning of Knollwood Court through the subdivision modification/zone change application process under review. Management Policy to require the developerto re-justify what has already been established. Furthermore, there has been no change Court as this area has been acknowledged as being part an approved draft plan of subdivision. In status remains zoned Residential Three (R-3) permitting the development of single detached lots. 1 - 11 There are however measures that can be implemented to mitigate the loss of trees to acheive a existing retain the trees requires the developer to prepare a Tree Management Plan, prior to grading approval.The developer has responded cerns by preparing a Tree Retention Analysis Recommendations Plan in advance of seeking grading approval to show where significant tree savings and enhancement plantings could occur. This plan letter was forwarded in December 2015 to approximately 40 residents who provided staff with contact information, and two responses were received asking that more be done to save the trees on Knollwood Court. Staff has responded to this further request by using the Tree Retention Analysis Recommendations Plan to inform new zoning for Knollwood Court. Staff is proposing to use the limit of development line shown on that plan as a new zoning line separating the existing Residential Three (R-3) zoning from proposed Open Space (P-2) zoning. In effect, the lots will now be split zoned. Homes will only be allowed to be constructed within the R-3 zoning limits of the lot. This split zoning measure will provide the greatest protection for trees identified to be saved and provide transparency to those individuals who will be purchasing these lots knowing where they can and cannot develop on these lots. Condition 2.18 has also been included in the draft approval to further address this issue. TheTree Retention plan recommended the removal of the walkway block (part of the original plan) as it was determined that construction of the walkway would result in having to remove a number of significant mature trees. Staff has considered this request and has agreed to remove the walkway block from the draft plan in order to retain more trees. xperience that most animal species will seek out new habitat in nearby areas and are very adaptive under these circumstances. Endangered Species legislation does apply, however. Condition 2.16 has been included in the draft approval to address this issue. Impacts of Filling inof Block 133 Concern was expressed with respect to house construction, on the groundwater and to animals that frequent the area. To respond, it is important to recognize that this property was a former gravel pit with an approval to develop a residential plan of subdivision. As a result, extensive grading and filling would occur in order to accommodate the roads and servicing and lotting fabric. Block 133 isno exception. Although extracted further down in this area, the original plan would have resulted in having to significantly alter the landscape to achieve proper slopes for the pond. The concept of a subdivision with a private amenity pond is unpractical for liability reasons. No one wants to assume the risk and liability of ownership of a pond should an accident occur. The City made its position very clear that it would not assume ownership of Block 133. The proposal to develop Block 133 is to remove the pond feature, thus removing any risk and liability associated with the pond. Leaving Block 133 undeveloped is not anoption. Urban land is too expensive and is a scare resource. would have to occur and there is the issue of managing the groundwater. To address this concern, the developer is proposing a technical solution involving an engineered system to collect and disperse the groundwater called a Groundwater Management System. This design approach has been reviewed and accepted by Engineering staff subject to satisfying a number of conditions outlined in the draft approval. 1 - 12 In short, the decision to whether allow this change in land use is more technical than regulatory. Although Block 133 is zoned P-2 for the development of the pond, the Official Plan in effect designates it as Low Rise Residential supporting residential development. The GRCA regulates this low lying wet area but it is not designated as a local, regional or provincial wetland of significance.Thus, the GRCA has expressed no concerns. As noted, The Endangered Species legislation does apply and the developer will have to ensure it complies with the legislation. Engineering staff supports the technical solution of filling in of Block 133 and using a groundwater collection system to capture the groundwater. Staff is therefore recommending that a change of land use be approved on that basis. Grading Impacts on Adjacent Residential Properties Concern was expressed regarding potential construction related impacts on adjoining properties. To respond, the developer is responsible for ensuring damage does not occur as a result of construction or construction related activities. Condition 6.29 of the draft approval addresses this matter. Planning Analysis: In the opinion of staff, the application to change the land use of Block 133 and former Y. and Y. Resources lands and the resulting modifications to the approved plan of subdivision is considered good planning for the following reasons: It conforms to , ROP and PPS. Staff is satisfied with the technical review and has incorporated any measures through conditions of approval. It has undergone an extensive public consultation review process resulting in fair, balanced and positive change to the plan. The proposed changes to the plan help to achieve status. The proposed changes to the plan provide for a variety of housing types considered compatible and desirable in a low rise residential area catering to all home buyers. Proper transition of housing types is achieved and larger single detached lot sizes retained to promote compatibility with existing residential areas. A neighbourhood commercial block has been added to assist in meeting the needs of the surrounding neighbourhood. A new park location has been established that is centrally located and highly visible. There is improved pedestrian and trail connectivity. There is improved traffic flow and traffic calming with the introduction of a roundabout. A road connection to Lackner Boulevard is required through the adjacent subdivision at the first stage of development to help split and divert traffic away from the Keewatin Avenue and Lackner Boulevard intersection. Greater protection of the trees located on Knollwood Court has been achieved through the use of Open Space zoning to delineate the limit of development placed on those lots. The removal of the pond eliminates the burden of liability that would be placed on future lot purchasers. In considering the foregoing, staff is recommending the approval of the zone change application and modification to approved Draft Plan of Subdivision, 30T-91005. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: strategic vision through the delivery of core service. 1 - 13 FINANCIAL IMPLICATIONS: Upon registration, there will be ongoing operations costs for the maintenance of the open space, stormwater management pond, parks, trails, walkways, streets, street trees, underground services, and other infrastructure which is being dedicated to the City. In the long term, there will be repair and replacement costs for streets, sidewalks and services. COMMUNITY ENGAGEMENT: INFORM & CONSULT- The application to amend the zoning and modified proposed draft plan of subdivision was circulated to property owners within 120 metres of the subject lands in January 2008.In response to this circulation staff received responses from 21 households. A neighbourhood information meeting was held December 3, 2014 and 34 individuals registered their attendance at this meeting. Staff was contacted afterwards and met with several residents on several occasions in attempts to address concerns over the calendar year of 2015/early 2016. There has been four (4) newspaper articles related to this development. The developer has prepared a letter outlining how he has addressed residents concerns and this letter was forwarded by staff to approximately 40 individuals who registered their attendance at the neighbourhood information or had contacted staff after the meeting.Based on feedback received from the community, the developer has attempted to address many of the concerns identified by residents, as outlined in the Community Input section of this report.Finally, a courtesy notice will be mailed out to all property owners within a 120m radius of the subject lands in accordance with Council notification policy. Notice of the statutory public meeting will March 18. appear in The Record on in advance of the committee meeting. CONCLUSION: Based on the foregoing, the Modified Draft Plan of Subdivision and Zone Change applications are appropriate and represent good planning. They provide for the completion of this portion of the Grand River North Community. The issues identified through the preliminary circulation have been included as conditions of approval, as necessary. The lands are identified in the Kitchener Growth Management Plan for consideration of draft approval, the plan represents proper and orderly development of the City and considers the criteria identified in Section 51(24) of the Planning Act for the subdivision of land. Therefore, it is recommended that the applications be approved subject to conditions outlined in this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Appendices A The 1995 Approved Draft Plan of Subdivision, 30T-91005 B Proposed Zoning By-law & Map 1 C Proposed Modified Draft Plan of Subdivision & Conditions of Approval D Newspaper Notice E Agency Comments F Neighbourhood Comments 1 - 14 1 - 15 1 - 16 1 - 17 1 - 18 1 - 19 1 - 20 1 - 21 1 - 22 1 - 23 1 - 24 1 - 25 1 - 26 1 - 27 1 - 28 1 - 29 1 - 30 1 - 31 1 - 32 1 - 33 1 - 34 1 - 35 1 - 36 1 - 37 B Proposed Zoning By-law & Map 1 PROPOSED BY LAW March 1, 2016 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 Wm. J. Gies Construction Limited WHEREAS it is deemed expedient to amend By-law 85- 1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 227 of -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Public Park Zone (P-1) to Residential Three Zone (R-3). 2. Schedule Number 227-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) to Residential Three Zone (R-3). 3. Schedule Numbers 226, 227 and 232 -law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land Zone (P-3) to Residential Three Zone (R-3). 4. Schedule Numbers 227, 232 and 233-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Open Space Zone (P-2) to Residential Three Zone (R-3). 5.-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from Open Space Zone (P-2) to Residential Three Zone (R-3) with Special Regulation Provision 212R. 1 - 38 B Proposed Zoning By-law & Map 1 6. Schedule Numbers 226, 227 and 232 -law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 6 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) to Residential Four Zone (R-4). 7.-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land Zone (P-3) to Residential Four Zone (R-4). 8. Schedule Number -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 8on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) to Residential Six Zone (R-6). 9.-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) to Residential Six Zone (R-6) with Special Regulation Provision 670R. 10.-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 10 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Six Zone (R-6) with Special Regulation Provision 670R. 11. Schedule Number 227 -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 11 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) to Residential Six Zone (R-6) with Special Regulation Provision 670R. 12.-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 12 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) to Residential Six Zone (R-6). 13.-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified andillustrated as Area 13 on Map No. 1, in the City of Kitchener, attached hereto, 1 - 39 B Proposed Zoning By-law & Map 1 from Agricultural Zone (A-1) to Residential Six Zone (R-6) with Special Regulation Provision 670R and Special Use Provision 447U. 14.o By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 14 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) to Residential Six Zone(R-6) with Special Regulation Provision 670R and Special Use Provision 447U. 15.-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 15 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Convenience Commercial Zone (C-1) with Special Use Provision 450U. 16.-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 16 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) to Convenience Commercial Zone (C-1)with Special Use Provision 450U. 17. Schedule Number 227 -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 17 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land Zone (P-3) to Public Park Zone (P-1). 18. Schedule Number 227 -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 18 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) to Public Park Zone (P-1). 19. Schedule Number 227 -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 19 on Map No. 1, in the City of Kitchener, attached hereto, from Open Space Zone (P-2) to Public Park Zone (P-1). 20. Schedule Number 227 -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 20 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone (R-4) to Open Space Zone (P-2). 1 - 40 B Proposed Zoning By-law & Map 1 21. Schedule Number 227 -law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 21 on Map No. 1, in the City of Kitchener, attached hereto, from Public Park Zone (P-1) to Open Space Zone (P-2). 22. Schedule Number 233-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 22 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) with Special Regulation Provision 212R to Open Space Zone (P- 2). 23. Schedule Numbers 227, 232 and 233-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 23 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) to Open Space Zone (P-2). 24.-law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 24 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) with Special Regulation Provision 212R to Open Space Zone (P-2) with Special Regulation Provision 677R. 25.-law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 25 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land Zone (P-3) to Open Space Zone (P-2) with Special Regulation Provision 677R. 26.-law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 26 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) to Open Space Zone (P-2) with Special Regulation Provision 677R. 27.-law 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 28.C-law 85-1 is hereby amended by adding Section 447U and, 450U thereto as follows: 1 - 41 B Proposed Zoning By-law & Map 1 447. Notwithstanding Section 5.13.4 of this By-law,within the lands zoned R-6 shown as affected by this subsection, and as shown on Schedules 226 and 227 a home business within amultiple dwelling shall be a maximum of 45 square metres and shall have a maximum of up to one customer or client at one time. 450. Notwithstanding Section 7.1 of this By-law, within lands zoned C-1 shown as affected by this subsection, and as shown on Schedule 226 of an artisan establishment, a craftsman shop, an educational establishment, ahealth clinic, areligious institution, studio and a veterinary service are permitted and a gas station and a carwash are prohibited. 29. AppendiD-law 85-1 is hereby amended by adding Sections 670R and 677R thereto as follows: Notwithstanding Section 40.6 of this By-law,within the lands zoned R-6 shown as affected by this subsection, and as shown on Schedules 226 and 227of the maximum height of a multiple dwelling located within 15 metres of Lackner Boulevard shall be 14metres and the maximum Floor Space Ratio shall be 0.75. 677. Notwithstanding Section 5.16 of this By-law, within lands zoned R-3 with Special Regulation Provision 212R and P-2, the front yard, rear yard, lot width and lot area regulations of Section 37.2 and the side yard regulations 1 - 42 B Proposed Zoning By-law & Map 1 of 212R shall apply; the lot areas of Lots 1 through 13 (Knollwood Court) shall be deemed to comply and development is prohibited within areas zoned P-2 and, the P-2 zoning limits can be more particularly identified in the Tree Recommendations Analysis Recommendations Plan of September, 2015 prepared by the MMM Group. PASSED at the Council Chambers in the City of Kitchener this_______________ day of _______________,2016. _____________________________ Mayor _____________________________ Clerk 1 - 43 1 - 44 C Conditions of Modified Draft Approval, 30T-91005 1. That this modified draft approval applies to Plan of Subdivision 30T-91005 for WJ Gies Construction Ltd as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated December 3, 2007, which shows the following: Stage One Lots 1-3,66-69 residential (semi-detached) Lots 4-65residential (single detached) Blocks 70&71 open space (park & trail) Block 72open space (storm water management pond) Block 73open space (hazard lands) Block 74 open space (trail & park addition) Blocks 75future lot addition (single detached) Blocks 76-80 0.3 metre reserves Stage Two Lots 1-3 residential (semi-detached) Lots 4-59residential (single detached) Blocks 60-64 residential (street-fronting townhouses) Block 64open space (park) Blocks 66 & 67 open space (walkway) Blocks 68-71 future lot addition (single detached) Blocks 72 & 73 0.3 metre reserve Stage Three Lots 1-27residential (single detached) Blocks 28open space (emergency access/walkway) Stage 4 Lots 1-27residential (single detached) Stage 5 Lots 1-13residential (single detached) Stage 6 Block 1 residential (multiple dwellings maximum 55 units) Block 2 neighbourhood commercial Block 3 daylight visibility triangle Stage 7 Blocks 1 & 2 residential (multiple dwellings - maximum 55 units) Stage 8 Lots 1-12residential (single detached) Total Number of Units - 326 2. CITY OF KITCHENER CONDITIONS: 2.1 That the SUBDIVIDER shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan 1 - 45 C Conditions of Modified Draft Approval, 30T-91005 of Subdivision dated December 3, 2007.The following special conditions shall be added to the City Standard Residential Subdivision Agreement: Part 1 General Conditions 1.27 The SUBDIVIDER agrees that the plan shall be registered in eight (8) stages in accordance a) Stage 1 shall be registered first. b) Stage 2 shall be registered concurrently with or subsequent to Stage 1; c) Stage 3 shall be registered concurrently with or subsequent to Stage 1 and fulfilment of Condition 3.19; d) Stage 4 shall be registered concurrently with or subsequent to Stage 1; e) Stage 5 shall be registered concurrently with or subsequent to Stage 2; f) Stages 6, 7 and 8 shall be registered concurrently with or subsequent to Stage 2 and, g) Stage 8 shall be registered concurrently with or subsequent to Stage 2. Part 2 Prior to Grading 2.16 That prior to site alteration, area grading, servicing or registration of each stage, the SUBDIVIDER shall ensure the development complies with Endangered Species Act tothe satisfaction of Director of Engineering in consultation with the Director of Planning and the Ministry of Natural Resources and Forestry. 2.17 That prior to any site alteration, area grading, servicing or registration of Stage 1, the SUBDIVIDER agrees to the transplantation of Regionally Significant Greenish Sedge in accordance with the recommendations of the Updated GVO and addendum, prepared by EcoPlans (General Vegetation Overview Update, EcoPlans, September 2007)to the satisfaction of the Director of Planning in consultation with the Region of Waterloo and the Grand River Conservation Authority. 2.18 That prior to site alteration, area grading, servicing or issuance of a building permit for Stage 5 (Lots 1-13), the SUBDIVIDER agrees to comply with the following process in in accordance with the City's approved Tree Management Policy to the satisfaction of the Director of Planning in consultation with the Director of Engineering and the Chief Building Official: a) To submit a Detailed Vegetation Plan. b) That no area/rough grading shall occur until such time as all approved measures for protection of trees affected by such grading have been satisfactorily implemented, the City has inspected these measures and the SUBDIVIDER has received a written authorization. c) That no building permits shall be applied for Lots 1 to 13 until such time as a Tree Preservation/Enhancement Plan has been submitted and approved to the satisfaction of the Director of Planning. d) To implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan, to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. 1 - 46 C Conditions of Modified Draft Approval, 30T-91005 e) In the event of construction causing minor tree damage, remedial measures such as trimming, dressing, or bark doctoring shall be implemented at the SUBDIVIDERS cost and as directed by the Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe in the opinion of the SUBDIVIDERS Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" International Society of Latest Edition. Tree replacements are to be located on the same lot as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the Director of Planning and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions by the next planting season. 2.19 That prior to grading or registration, the SUBDIVIDER shall prepare a detailed Development Impact Monitoring Plan to the satisfaction of the Director of Engineering in consultation with the Director of Planning and the Grand River Conservation Authority. The SUBDIVIDER further agrees to implement the approved monitoring program set out in the approved Development Impact Monitoring Plan which will include but not limited to monitoring of groundwater elevations, and SWM pond outlet/creek temperatures. 2.20 That prior to grading or registration, the SUBDIVIDER shall prepare a detailed construction plan for controlling groundwater during fill operations to the satisfaction of the Director of Engineering. 2.21 That prior to grading or registration, the SUBDIVIDER shall prepare a detailed soils management plan showing how soils will be handled during area grading operations, including details on soils original and final location and placement details to the satisfaction of the Director of Engineering. Part 3 Prior to Servicing 3.18 That prior to servicing or the registration of Stage 1, the SUBDIVIDER shall make satisfactory arrangements with Hallman Construction Limited for the servicing and construction of Otterbein Road to municipal standards (including opened to vehicular traffic) through Draft Plan of Subdivision 30T- 02206 in order to connect with Lackner Boulevard, to the satisfaction of the Director of Engineering in consultation with Directors of Planning and Transportation Services, the City Solicitor and the Region . of Waterloo 3.19 That prior to servicing or the registration of Stage 3,the SUBDIVIDERshall obtain a watermain connection and emergency access from Dunnigan Drive in theHallman Construction Limited,Draft Plan of Subdivision, 30T-02206,through Block 28 and to the satisfaction of the Director of EngineeringServices in consultation with the City Solicitor and Directors of Transportation Servicesand Planning. 3.20 That prior to servicing, the SUBDIVIDER agrees to monitor groundwater levels in the subdivision to the satisfaction of the Director of Engineering. This is to confirm the actual groundwater levels created by filling the existing excavated gravel pit cavity. The SUBDIVIDER further agrees to prepare an updated report comparing the 1 - 47 C Conditions of Modified Draft Approval, 30T-91005 elevation of the monitored seasonally high groundwater elevations to that of the proposed underside of footings, showing a minimum of 0.6m separation to the satisfaction of the Director of Engineering. 3.21 That prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall prepare an On- . The On-Street Parking Plan shall -Street Parking Policy and shall generally provide for one on-street parking space for every two dwelling units, where reasonable. Other options such as driveway length, garage space, communal parking facilities and/or parking along park frontages should be considered in accordance with CITY policy. 3.22 That prior to Servicing or Registration of Stage 1, whichever occurs first, the SUBDIVIDER agrees to submit and receive approval of a functional design for a roundabout identified on the draft plan Engineering Services in consultation with the Director of Transportation Services and Director of Operations.The SUBDIVIDER further agrees to implement the design. 3.23 That prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit : Planning in order to identify lots withthe following considerations a) For Corner Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along both road frontages for each lot/dwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary or angled door entries; horizontal articulation, brick or masonry-style skirting along both the front and exterior side yard and/or accentuated windows; increased building massing and height; and consideration to fencing and landscaping. b) For Terminating Vista Priority Lots, building elevation and building location drawings shall ensure that the garage face is not the primary terminating view from the oncoming street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, landscaping, etc. c) For Park Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along the road frontage and the park flankage for eachlot/dwelling, including such items as the provision for porches, porticos, stairs, or other projections, secondary entry doors, horizontal articulation, brick and masonry-style skirting and/or accentuated windows; and consideration to fencing and landscaping. 3.24 That construction traffic to and from the proposed subdivision shall use the most direct route to and from a designated truck route. All construction traffic shall be prohibited from using internal residential streets in the existing community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any signage, where required, all to the satisfaction of the Director of Transportation Planning. 1 - 48 C Conditions of Modified Draft Approval, 30T-91005 3.25 That prior to Servicing or Registration of Stage 1, whichever shall occur first, the SUBDIVIDER agrees to make necessary legal, administrative and financial arrangements with the City and the Region of Waterloo to construct a watermain from Victoria Street North and Lackner Boulevard to Lackner Boulevard and proposed Otterbein Road extension, to the satisfaction of the Director of Engineering in consultation with the Region of Waterloo and Director of Kitchener Utilities. 3.26That prior to servicing or registration of Stage 1, whichever shall occur first, the SUBDIVIDER agrees to make arrangements with the adjacent SUBDIVIDER (30T- 02206, Hallman Construction Limited) for the conveyance of lands required to the City in a form satisfactory to the City Solicitor such that Otterbein Road from the north limit of the subdivision to the terminus of Otterbein Road at Lackner Boulevard willbe constructed and opened to vehicular traffic. Part 4 Prior to Application Being Made for Any Building Permit 4.18 That the SUBDIVIDER agrees to submit building elevation and building location drawings for Priority Lots identified on the approved Priority Lotting Plan for approval The SUBDIVIDER further agrees that dwellings shall be designed and constructed in accordance with the approved plans, to the 4.19 That theSUBDIVIDER agrees that Block 75 (Stage 1) and Blocks 68, 69, 70 and 71 (Stage 2) shall be consolidated with and held in identical ownership as lands in adjacent plans of subdivision, prior to issuance of a building permit. 4.20 That the SUBDIVIDER agreesthata registered Professional Engineer specializing in hydrogeological investigations shallverify and endorse that the groundwater Manual to the satisfaction of the Director of Engineering, prior to issuance of building permits. 4.21 That the SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed plan of subdivision to the 4.22 That the SUBDIVIDER agrees that no building permits shall be applied for or issued hief Building Official in -to-fire alarm monitoring system for Lots 6 to 11 (Stage 5). Satisfactory arrangements shall be the submission of drawings showing the hardwiring and sprinklers in each dwelling. Official has confirmed that such system is operational. Such system shall be maintained and remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor and the maintenance of the system is no longer mandatory. 4.23 That theSUBDIVIDER agrees that Otterbein Road from the north limit of the subdivision to Lackner Boulevard be constructed to City standards and openedto 1 - 49 C Conditions of Modified Draft Approval, 30T-91005 s of Engineering and . Transportation Services, prior to application for building permits of Stage1 4.24 That prior to issuance of a building permit for Lots 1 through 13 (Stage 5),the SUBDIVIDER/OWNER shall satisfy Condition 2.18 of this Agreement. Part 6 Other Time Frames 6.17 That prior to occupancy of the first unit, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities to the satisfaction of Canada Post, Operations and t provide temporary suitable centralized mailbox locations that may be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for the plan of subdivision. The SUBDIVIDER agrees to provide the City of Kitchener with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxed (CMB) as required by Canada Post Corporation, at the time of sidewalk and/or curb installation. 6.18 That the SUBDIVIDER or subsequent Owner agrees to include the following clauses on all Agreement of Purchase and Sale, and/or Rental Agreements with home buyers, which advise: a) that the home/business mail delivery will be from a designated Community Mail Box; b) that identifies the exact Community Mail Box locations. The SUBDIVIDER further agrees that the location of all Community Mail Box facilities be shown on maps, information boards and plans, including maps displayed in the sales office. 6.19 That the SUBDIVIDER or subsequent Owner agrees to include the following clauses on all Agreement of Purchase and Sale, and/or Rental Agreements with home buyers that: a) Advises that there is a planned transit route through the neighbourhood. Further, the SUBDIVIDER agrees to provide an information pamphlet or website address to home buyers regarding Grand River Transit services. b) Advises (as applicable) that fencing is being installed on Walkway Blocks around Open Space Buffer blocks and that owners of said lots are restricted from installing solid board or other like solid fences along the common property line with Walkway Blocks and/or Open Space Buffer Blocks. 6.20 That the SUBDIVIDER agrees to register the following clause on the title of all lots with retaining walls immediately upon registration of the subdivision: 1 - 50 C Conditions of Modified Draft Approval, 30T-91005 ·wz­ ¦©š¦;©·äu w; šÞ“;© šE ·wz­ ¦©š¦;©·ä šÞ“­ wz­‰w;© ­;-·zš“ š ÞŒŒu w; ©;·z“z“m ÞŒŒ z­ “š· z“ ¦Ò,Œz- šÞ“;©­wz¦u aš“z·š©z“mr ’z“·;““-;r z“­¦;-·zš“r ©;¦z© “7 ©;¦Œ-;’;“· šE ·wz­ ©;·z“z“m ÞŒŒr z“-ŒÒ -š­·­r ©; ·w; ­šŒ; ©;­¦š“­z,zŒz·ä šE ·w; ¦©š¦;©·ä šÞ“;©u w; /z “š ©;­¦š“­z,zŒz·ä Eš© ·wz­ ©;·z“z“m ÞŒŒu {wšÒŒ7 ·wz­ ©;·z“z“m ÞŒŒ EzŒr z· z­ ·w; wz­‰w;© -š­·u LE ·w; ©;¦z© “7‰š© EzŒÒ©; šE ·w; ©;·z“z“m ÞŒŒ z­ 7;;’;7 ,ä ·w; /z·ä ·š ,;  ¦Ò,Œz- ­E;·ä wé©7r ·w; /z·ä ÞzŒŒ z­­Ò;  ޚ©‰ š©7;© š“ ·w; EE;-·;7 ¦©š¦;©·äu LE ·w; ©;¦z©‰©;¦Œ-;’;“· šE ·w; ©;·z“z“m ÞŒŒ z­ “š· -š’¦Œ;·;7 ­ šÒ·Œz“;7 z“ ·w; “š·z-;r ·w; /z·ä ÞzŒŒ ғ7;©·‰; “7 ޚ©‰u w; -š­· šE ·w; ޚ©‰ ÞzŒŒ ,; 77;7 ·š ·w; 6.21 That the SUBDIVIDERagrees that phasing for servicing boundaries must match staging boundaries identifiedon the draft plan of subdivision,to the satisfaction of the Director of Engineering.Any changes to staging lines shall be approved by the Director of Engineering in consultation with the Director of Planning. 6.22 That prior to issuance of Site Plan Approval for Blocks 1 and 2 (Stage 7) andBlock 1 (Stage 6), the SUBDIVIDER or Owner agrees to complete a detailed road traffic noise study, to be approved by the Region of Waterloo, to determine the detailed noise attenuation requirements from Lackner Boulevard. Furthermore, the SUBDIVIDER or Owner agrees to implement any recommendations identified in the study through the Site Plan Approval process Director of Planning. This may include the incorporation of relevant conditions in a Section 41 Development Agreement. 6.23 That the SUBDIVIDER or Owner agrees to convey a block of land (if deemed necessary) over Blocks 1 or 2 (Stage 7) to the City at the Site Plan Approval stage for apedestrian connection from Otterbein Road/Dunnigan Drive through to Lackner Boulevard to the satisfaction of the Director of Planning in consultation with the Director of Operations, the Regional Municipality of Waterloo and the Waterloo District Public and Separate School Boards. 6.24That prior to occupancy of the first unit within Stages 1 and 3, the SUBDIVIDER agrees to install a 1.82 metre high solid wooden fence just inside the rear lot lines of Lots 13 to Lot 26 (Stage 1) and Lots 10 through Lot 21 (Stage 3) to the satisfaction of the Director of Planning in consultation with the Director of Operations. 6.25 That the SUBDIVIDER/OWNER Manager of Site Design and Customer Service for Block 1 (Stage 6) and Blocks 1 and 2 (Stage 7) abutting Lackner Boulevard (Regional Road 54). All buildings located adjacent to a Regional Road shall be designed in accordance with any approved CITY or Regional Municipality of Waterloo Corridor Guidelines or Plans and lands will be developed such that road traffic noise from Lackner Boulevard will be attenuated through building layout, materials and design, and not through the use of physical noise walls. 6.26 That the SUBDIVIDER shall provide individual pressure reducing devices where pressures are in excess of 550kPa, to limit the maximum static pressure at the fixture 1 - 51 C Conditions of Modified Draft Approval, 30T-91005 to 550 kPa and include in all offers to purchase and rental agreements, a clause identifying the presence of water pressure reduction devices and advising that it not be removed by the purchaser. 6.27 That the SUBDIVIDER agrees that should any damage occur to any dwelling located on an abutting property as a result of on-site construction activity, the SUBDIVIDER will be responsible for any remediation. 6.28That the SUBDIVIDER agrees that all residential units constructed on Lots 13 to 22, Stage 1 shall be fitted with a forced air-ducted heating system and a central air conditioning unit. 6.29 That the SUBDIVIDER agrees to: a) provide the adjacent landowner municipally known as 32 Forwell Road, CRH Canada (formerly Holcim Canada), with at least ninety (90) days prior written notice of intent to occupy the first dwelling constructed within Stage 1, and b)no occupancy of the first residential unit within Stage 1 until such time as confirmation is received from CRH Canada that the existing ready-mix concrete facility on the adjacent CRH Canada property has ceased operation and decommissioned, or at the discretion of the Chief Building Official in consultation . with the Director of Planning and the Region of Waterloo 6.30 That the SUBDIVIDER agreesthat all residential units constructed within Lots 1 to 12, 23to 69 and Block 75(Stage 1), and all residential units constructed within Stages 2, 3, 4, 5 and 8, will be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 6.31 That the SUBDIVIDER agrees for Lots 1 to 12, 23 to 69 and Block 75(Stage 1), and all Lots within Stages 2, 3, 4, 5 and 8, that the following clause be included in all agreements of purchase and sale and/or rental agreements: advised that the sound levels due to increasing road traffic and/or adjacent CRH Canada (Dufferin) industrial facilities may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment and Climate Change 6.32 That the Owner of Block 2 (Stage 6) shall prepare a land use compatibility study to address stationary noise associated with any commercial uses within commercial . Block 2 and proximity to sensitive uses, prior to site plan approval 6.33That the SUBDIVIDER agrees that for all dwelling units constructed on Lots 7 to 28 , (Stage 1), Lots 40 to 53 (Stage 2), and Lots 9 to 27 (Stage 3)that notwithstanding the maximum building height of 10.5 metres permitted within the Residential Three Zone (R-3) under City Zoning By-law 85-1 for the lands, the maximum plane of window height for the rear and side building façades shall not exceed 7.5 metres above grade. The plane of window to be defined as a point in space corresponding 1 - 52 C Conditions of Modified Draft Approval, 30T-91005 with the location of the centre of a window of a noise sensitive space as defined under Ministry of the Environment and Climate Change environmental noise . guideline publication NPC-300 2.2 That prior to the final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following: 1. That the City Standard Residential Subdivision be registered on title. 2. That the SUBDIVIDER Director of Planning and to obtain approval thereof. 3. That the SUBDIVIDER shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 4.That the SUBDIVIDER shall install within the subdivision any required geodetic co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 5. That the SUBDIVIDER shall make satisfactory arrangements with KITCHENER- WILMOT HYDRO for the provisions of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the Subdivider acknowledges that this may include the payment of all costs associated with the provisions of temporary services and the removal of such services when permanent installations are possible. 6.That the SUBDIVIDER shall make satisfactory arrangements for the provisions of permanent telecommunications services to the subdivision and/or the relocation of the existing services. Further the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 7. That the SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to the Kitchener-Wilmot Hydro, telecommunication companies and Planning. b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/ Enhancement Plan; 1 - 53 C Conditions of Modified Draft Approval, 30T-91005 d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior Director of Engineering Services, or, in the case of parkland, the CITY'S General Manager of Community Services; and e) to provide to the CITY'S Director of Planning, a clearance letter from Kitchener-Wilmot Hydro, telecommunication companies (Bell and Rogers). Such letters shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8.That the SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the appropriate authority, by the registration of the Plan of Subdivision. 9.That the SUBDIVIDER agrees to convey to the CITY, at no cost and free of encumbrance, the following lands for the purposes set out below: a) Blocks 70, 71, 73 and 74 (Stage 1); and Block 65 (Stage 2)for open space purposes; b) Block 72 (Stage 1) for stormwater management purposes; and c) Blocks 76 80 (Stage 1) and Blocks 72 & 73 (Stage 2) for 0.3 metre reserves purposes; 10.That the SUBDIVIDER shall erect and maintain a subdivision billboard sign at each Director of Planning. The information for this subdivision may be included on the Subdivision Billboard Sign required for 30T-91005.The SUBDIVIDER acknowledges that a Sign Permit is required for the subdivision billboard sign and that the sign shall be erected and designed in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, trail links and walkways, potential or planned transit routes and bus stop locations, centralized mail facility locations, notification regarding contacts for school sites and which advises prospective residents that students may be directed to schools outside the neighbourhood, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development d) Approved subdivision billboard locations shall be conveniently accessible 1 - 54 C Conditions of Modified Draft Approval, 30T-91005 to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain of Development and Technical Services. 11.That the SUBDIVIDER shall satisfy the total parkland dedication for the subdivision, by the conveyance of Blocks 70 and 71 (Stage 1) and Block 65 (Stage 2) to the CITY, at no cost and free of encumbrance. 12. That, prior to site alteration, area grading, servicing or registration of each stage within this plan, the SUBDIVIDER shall ensure the development complies with the Endangered Species Act to the satisfaction of the Director of Engineering in consultation with the Director of Planning and Ministry of Natural Resources and Forestry. 13. That the SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan. 14. That prior to registration or servicing, the SUBDIVIDER shall submit the following to the satisfaction of the Director of Engineering in consultation with the Region of Waterloo and Grand River Conservation Authority: A Grading Plan; A Site Servicing Plan; and A Stormwater Management Plan. 15. That prior to registration or servicing, the SUBDIVIDER shall prepare an On-Street Director of Operations. The On-Street Parking Plan shall be in accordance with The -Street Parking Policy and shall generally provide for one on-street parking space for every two dwelling units, where reasonable. Other options such as driveway length, garage space, communal parking facilities and/or parking along park frontages should be considered in accordance with CITY policy. 16. That prior to registration of Stage 3, the SUBDIVIDER shall obtain an emergency access over Plan 30T-02206 and connect with Block 28, Stage 3 to the satisfaction of Director of Planning in consultation with the City Solicitor. 17. That prior to registration, the SUBDIVIDER agrees to submit a plan identifying Priority Lots shall includecorner,terminating vista and park lots. 18. That prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit afunctional design for the roundabout at the intersection of Dunnigan Drive and Otterbein 1 - 55 C Conditions of Modified Draft Approval, 30T-91005 Engineering Services in consultation with the CIT Services. 19. That prior to registration or servicing of Stage 5, the SUBDIVIDER shall obtain required approvals from the Director of Planning for tree and/or vegetation Policy. 20. That prior to servicing or the registration of Stage 1, the SUBDIVIDER shall make satisfactory arrangements with Hallman Construction Limited for the servicing, construction and opening of Otterbein Road to municipal standards through Draft Plan of Subdivision 30T- 02206 in order to connect with Lackner Boulevard, to the satisfaction of the Director of Engineering in consultation with the Directors of . Planning and Transportation Services and the Region of Waterloo 21.That prior to registration, the SUBDIVIDERsubmit for review and approval a detailed water servicing report to assess which lots and blocks will require pressure reducing valves due to exceeding maximum pressure of 80 psi, to the satisfaction of the Director of Engineeringand the Regional Commissioner of Planning, Development and Legislative Services. 22. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: That this approval applies to Plan of Subdivision 30T-91005 for Wm. J. Gies 1) Construction Limited, in the City of Kitchener, File No. 11720 by Dryden Smith & Head Planning Consultants Limited dated December 3, 2007 and last revised August 10, 2015. That the owner agrees to stage the development for this subdivision in a manner 2) satisfactory to the Regional Commissioner of Planning, Development and Legislative Services; That the subdivision agreement be registered by the City of Kitchener against the lands 3) to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Development and Legislative Services prior to final approval of the subdivision plan; That the owner enter into an Agreement for Servicing with the Regional Municipality of 4a) Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever comes first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for 1 - 56 C Conditions of Modified Draft Approval, 30T-91005 Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered; That the owner include the following statement in all agreements of lease or purchase 4b) and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: he lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfillment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment 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 That prior to final approval, the Owner submit for review and approval a detailed water 5) servicing report to assess which lots and blocks will require pressure reducing valves due to exceeding maximum pressure of 80 psi, to the satisfaction of the City of Kitchener and the Regional Commissioner ofPlanning, Development and Legislative Services. Where pressure reducing valves are required in Condition No. 5 above, the Owner must 6) enter into an agreement with the City of Kitchener to provide for such installation; and to include in all offers to purchase and/or rental agreements, a clause identifying the presence of such water pressure reduction device and advising that it not be removed by the owner/occupant. The SUBDIVIDER hereby agrees that registration of Stage 1 cannot occur earlier than 7) August 1, 2016. Prior to registration of all or any part of the subdivision plan, the SUBDIVIDER enter into 8) an agreement with the City of Kitchener to provide the following: a) provide the adjacent landowner municipally known as 32 Forwell Road, CRH Canada (formerly Holcim Canada), with at least ninety (90) days prior written notice of intent to occupy the first dwelling constructed within Stage 1, and b) that any dwelling unit constructed within Stage 1 not be occupied until such time as confirmation is received from CRH Canada that the existing ready-mix concrete facility on the adjacent CRH Canada property has ceased operation and decommissioned, prior to occupancy of the first residential unit in Stage 1 or at the discretion of the Chief Building Official in consultation with the Director of Planning and the Region of Waterloo. That the Owner enter into an agreement with the City of Kitchener for all dwelling units 9) constructed on residential Lots 7 to 28, Stage 1, Lots 40 to 53, Stage 2, and Lots 9 to 27, Stage 3, to indicate that notwithstanding the maximum building height of 10.5 metres permitted within the Residential Three Zone (R-3) under City Zoning By-law 85-1 for the lands, the maximum plane of window height for the rear and side building façades shall not exceed 7.5 metres above grade.The plane of window to be defined as a point in 1 - 57 C Conditions of Modified Draft Approval, 30T-91005 space corresponding with the location of the centre of a window of a noise sensitive space as defined under Ministry of the Environment and Climate Change environmental noise guideline publication NPC-300 That the SUBDIVIDER enter into an agreement with the City of Kitchener that all 10) residential units constructed on Lots 13 to 22, Stage 1 be fitted with a forced air-ducted heating system and a central air conditioning unit. (Note: The location and installation of the outdoor air controlling device should be done so as to comply with noise criteria of the Ministry of the Environment and Climate Change Publication NPC 216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property.) That the SUBDIVIDER enter into an agreement with the City of Kitchener for Lots 13 to 11) 22, Stage 1, that the following clause be included in all agreements of purchase and sale and/or rental agreements: and/or adjacent CRH Canada (Dufferin) industrial facilities may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the That the SUBDIVIDER enter into an agreement with the City of Kitchener for all 12) residential Lots and Blocks within Stages 1 to 8, all inclusive, that the following clause be included in all agreements of purchase and sale and/or rental agreements: "Purchasers / tenants are advised that due to the proximity of the adjacent CRH Canada (Dufferin) industrial facilities, noise from these facilities may at times be audible." That the SUBDIVIDER enter into an agreement with the City of Kitchener for all 13) residential Lots and Blocks within Stages 1 to 8, all inclusive, that the following clause be included in all agreements of purchase and sale and/or rental agreements: odour and/or dust from these industries may occasionally cause concern for some That prior to final approval, the SUBDIVIDER complete a detailed road traffic noise study 14) (assuming the requirements of Ministry of the Environment and Climate Change NPC 300 noise guideline) for Stages 1, 2, 3, 4, 5 and 8 to determine noise attenuation requirements to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Where appropriate, the lands shall be designed to avoid the use of outdoor physical noise attenuation measures through appropriate site design and setbacks. Furthermore, the Owner shall enter into an agreement with the City of Kitchener and/or Regional Municipality of Waterloo as necessary, to provide for implementation of the noise attenuation requirements recommended in the Study. 1 - 58 C Conditions of Modified Draft Approval, 30T-91005 That prior to final approval, the SUBDIVIDER enter into an agreement with the Regional 15) Municipality of Waterloo to complete a detailed road traffic noise study for Stage 6 and Stage 7 prior to site plan approval, to determine noise attenuation requirements to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Where appropriate, the lands shall be designed to avoid the use of outdoor physical noise attenuation measures through appropriate site design and setbacks. Furthermore, the Owner shall enter into an agreement with the Regional Municipality of Waterloo as necessary, to provide for implementation of the noise attenuation requirements recommended in the Study. Notwithstanding Condition 14 above, that the SUBDIVIDER enter into an agreement with 16) the City of Kitchener that all residential units constructed within Lots 1 to 12, 23, to 69 and Block 75, Stage 1, and all residential units constructed within Stages 2, 3, 4, 5 and 8, will be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. (Note: The location and installation of the outdoor air controlling device should be done so as to comply with noise criteria of MOE Publication NPC 216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in Notwithstanding Condition 14 above, that the SUBDIVIDER enter into an agreement with 17) the City of Kitchener for Lots 1 to 12, 23 to 69 and Block 75, Stage 1, and all Lots within Stages 2, 3, 4, 5 and 8, that the following clause be included in all agreements of purchase and sale and/or rental agreements: and/or adjacent CRH Canada (Dufferin) industrial facilities may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound nditioning by the occupant in low and medium density developments will allow window and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment That prior to final approval, the Owner enter into an agreement with the Regional 18) Municipality of Waterloo, to include the following warning clause on all offers to purchase and/or rental agreements for all residential lots and blocks within this plan: subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport, and that aircraft noise and/or That prior to final approval for Block 2, Stage 6, the Owner enter into an agreement with 19) the City of Kitchener to complete, prior to site plan approval, a land use compatibility study to address stationary noise associated with any commercial uses within commercial Block 2, and proximity to sensitive uses. That concurrently with the registration of Stage 6, a twenty-five (25) foot daylighting triangle 20) 1 - 59 C Conditions of Modified Draft Approval, 30T-91005 be established at the intersection of Lackner Boulevard (Regional Road 54) and Keewatin Avenue, which shall be dedicated on the final plan as a public highway. That prior to final approval for Block 2, Stage 6, the Owner enter into an agreement with 21) the Regional Municipality of Waterloo to complete, prior to site plan approval, a scoped transportation impact study to address access to the siteThat the Region of 23) Waterloo have the necessary physical and financial resources to construct the left-turn lane in Condition 22 above, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 22) That prior to final approval of Stage 1, the SUBDIVIDER will provide a functional design and cost estimate, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services, for a southbound left-turn lane with 55 metres of storage length and appropriate tapers on Lackner Boulevard and future Otterbein Road. 23) That the Region of Waterloo have the necessary physical and financial resources to construct the left-turn lane in Condition 22 above, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 24) That the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to erect a 1.4 meter high permanent, maintenance free fence along Block 1 (Stage 6), and Blocks 1 and 2 (Stage 7) adjacent to Lackner Boulevard (Regional Road 54) in accordance with Regional policies and procedures, except where a noise wall may be required as per Condition 15 above. 25) That a final lot grading and drainage plan be submitted for the entire plan of subdivision to the satisfaction of the City of Kitchener and to the Regional Municipality of Waterloo where the lands drain to a Regional facility, prior to final approval. 26) That a final stormwater management plan be submitted for the entire plan of subdivision to the satisfaction of the City of Kitchener and to the Regional Municipality of Waterloo where lands drain to a Regional facility, prior to final approval. 27) That the SUBDIVIDER prepare and submit a Boulevard Restoration Plan for Lackner Boulevard (Regional Road 54) to the satisfaction of the Regional Municipality of Waterloo and shall enter into an agreement with the Regional Municipality of Waterloo to provide for the implementation of the approved Boulevard Restoration Plan, if necessary. 28)That prior to final approval of Blocks 1 and 2 (Stage 6) and Blocks 1 and 2 (Stage 7), that the SUBDIVIDER shall enter into an Agreement with the Regional Municipality of Waterloo to require a Salt Management Plan to be submitted to the Regional Municipality of Waterloo for approval, and implementation secured through appropriate agreements with the Region and/or condominium declarations. 4.0 OTHER AGENCY CONDITIONS 1. That prior to Servicing or Registration whichever occurs first, the SUBDIVIDER shall submit the following to the Grand River Conservation Authority (GRCA) for approval: a) Stormwater Management Report; b) Erosion and Siltation Control Plan; 1 - 60 C Conditions of Modified Draft Approval, 30T-91005 c) Lot Grading, Servicing and Storm Drainage Plan; and d) An application to receive a permit for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. 5.0 CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Development and Legislative Servicesthat Conditions 3.1 to 3.28have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 2. shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5and 2.2.7 havebeen carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 3. shall be advised by the telecommunication companies (Bell, Rogers) that Conditions 2.2.6 and 2.2.7have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 4. be advised by the GRCA that condition 4.1 (a-d) have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how eachcondition has been satisfied. 6.0 NOTES 1. The Owner is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is two-fold: 1) to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and 2) to prevent lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would cause interference with signals or communications to and from aircraft or to and from those facilities. of the restrictions under these Regulations which may include but not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. 2. The Owner is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the 1 - 61 C Conditions of Modified Draft Approval, 30T-91005 Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 3. The owner/developer is advised that the provisions of the Regional Development Charge By-law 14-046 are applicable. 4. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. 5. It is the responsibility of the Owner of this plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address, and phone and fax numbers. 6. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 15-019, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, as amended, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. 7.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 to the Regional Municipality of Waterloo upon submission of the study for review. 8.This draft plan was received on or before March 27, 1995 and shall therefore be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1992 c15. 9. The Owner is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with the Regional Municipality of Waterloo by requesting that the Region's Planning, Development and Legislative Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited and define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement 10. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the Owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff cannot ensure that a Regional Release would be issued prior to 1 - 62 C Conditions of Modified Draft Approval, 30T-91005 yearend where the Owner has failed to submit the appropriate documentation by this date. 11. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and the applicable clearance agencies that the necessary arrangements have been made, the Manager of Development Review's signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. purposes: One (1) original mylar Three (3) mylar copies Four (4) white paper prints One (1) AutoCAD (.dwg) file 1 - 63 1 - 64 Appendix D CSD-16-013 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED ZONING BY-LAW and SUBDIVISION MODIFICATION UNDER SECTIONS 34 AND 51(44) OF THE PLANNING ACT Otterbein Rd/Dunnigan Dr/Lackner Blvd. In 1995, Sandra Springs Draft Plan of Subdivision, 30T-91005 was to the approved plan which requires a zone change and modificati property is currently zoned Residential (R-3 & R-4) and Open Space (P-2 & P-3). The proposed zoning is Residential (R-3, R-4 and R-6 with special use and regulation provisions), Open Sp Commercial (C-1 with special use provisions). The proposed plan variety of housing types including single and semi-detached, str and adding a commercial block. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: th MONDAY, APRIL 11 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 opposition to, either of/any of the above noted proposal(s). If a person or public body that files a notice of appeal of a decision does not make oral submissions at this public meeting o approval/refusal of this/these proposal(s), the Ontario Municipa appeal. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewin meeting agenda (available at www.kitchener.ca on the Wednesday evening prior to the meeting - click on the me th in the Calendar of Events), or in person at the Planning Divisio Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). 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