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HomeMy WebLinkAboutPSI Agenda - 2020-12-07 Planning & Strategic Initiatives Committee Agenda Monday, December 7, 2020 7:00 8:00 p.m. Office of the City Clerk Electronic Meeting Kitchener City Hall nd 200 King St. W. - 2 Floor Kitchener ON N2G 4G7 Page 1 Chair - Councillor P. Singh Vice-Chair - Councillor S. Marsh Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is closed to the public. Members of public are invited to participate in this meeting electronically by accessing the meeting live-stream video at kitchener.ca/watchnow. While in-person delegation requests are not feasible at this time, members of the public are invited to submit written comments or participate electronically in the meeting by contacting Sarah Goldrup, Committee Administrator at sarah.goldrup@kitchener.ca. Delegates must register by 5:00 p.m. on December 7, 2020, in order to participate electronically. Written comments will be circulated prior to the meeting and will form part of the public record. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. None at this time. Delegations Pursuant to s Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. None at this time Public Hearing Matters under the Planning Act (7:00 p.m. advertised start time) This is a formal public meeting to consider applications under the Planning Act. If a person or public body that would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at the public meeting or make written submissions to the City of Kitchener before the by-law is passed, the person or public body is not entitled to appeal the decision. Discussion Items 1. DSD-20-098 - Zoning By-law Amendment Application & Modification to Draft Plan (15 min) Approved Subdivision, 30T-11205 - ZBA19/006/F/BB - 250 Woolwich Street Fallowfield Crescent, Bridgeport North - Principia Development LTD. (Staff will provide a 5-minute presentation on this matter) ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** Planning &Strategic Initiatives Committee Agenda Page 2 December 7, 2020 2. DSD-20-179 - Official Plan Amendment OP20/003/F/JVW (20 min) - Zoning By-law Amendment Application - ZBA20/009/F/JVW - 1255-1291 Fischer Hallman Road - Max Becker Enterprises II Limited (Staff will provide a 5-minute presentation on this matter) Information Items None Sarah Goldrup Committee Administrator ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** REPORT TO:Planning and Strategic InitiativesCommittee DATE OF MEETING:December 7, 2020 SUBMITTED BY:Rosa Bustamante, Director of Planning PREPARED BY:Brian Bateman, SeniorPlanner,519-741-2200 ext. 7869 WARDINVOLVED:Ward1 DATE OF REPORT:November 1, 2020 REPORT NO.:DSD-20-098 SUBJECT:ZONING BY-LAW AMENDMENT APPLICATION &MODIFICATION TO DRAFT PLAN APPROVED SUBDIVISION, 30T-11205. ZBA19/006/F/BB 250 WOOLWICH STREET -FALLOWFIELD CRESCENT, BRIDGEPORT NORTH PRINCIPIA DEVELOPMENT LTD. ______________________________________________________________________ Location Map: 250Woolwich Street RECOMMENDATION: A.That Zoning By-law Amendmentapplication ZBA19/006/F/BBfor Principia Development Ltd.requesting tochangethe zoningfrom Agriculture Zone (A-1)with Site Specific Regulation Provision 1Rto Residential Three (R-3) and Residential Six (R-6) on the parcel of land specified and illustrated on Map No. 1, be approved in the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 -November 1, 2019, attached to Report DSD-20-098as Appendix A; B.That modifications to Draft Plan of Subdivision, 30T-11205, be approved, attached to Report DSD-20-098 as Appendix B;AND C.That,in accordance with Planning Act Regulation 45 (1.3 & 1.4),applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA19/006/F/BB. REPORT: Summary of Proposal Thesubject property is inBridgeport North, east of Woolwich Street and south of the future extension of Field Sparrow Crescent. The subject propertyis approximately 0.43 hectares (1.066 acres) in size with approximately 65 metres of frontage on Field Sparrow Crescent. The subject property is currently vacant and undeveloped. This parcel of land was created through consent application B2018-123(see Appendix C)for the purposes of adding itto Stage 2 of Draft Plan of Subdivision 30T-11205as a Major Modification.30T-11205 was draft approved in 2014with Stage 1 ofthe planregistered and constructed. This land addition is necessaryto complete the southwesterly leg of Field Sparrow Crescentthat forms partofStage 5 of the Activa River Ridge Plan of Subdivision and Stage 2 of the subject subdivision. Proposed Zoning& Modification to the Draft Plan: The purpose of the proposed application is to change the zoning on the subject property from Agricultural (A-1) to Residential Three (R-3)with site specific regulations 304R and 307Rand Residential Six (R-6) to accommodate a single detached lot addition and to permit approximately six (6) future street townhouses.This zoning is consistent with theResidential Six (R-6)zoning approvedfor Stage 2 of 30T-11205. Thesubject propertyis intended to be consolidated with the Draft Plan of Subdivision 30T-11205 (Stage 2). An application to modify Draft Plan of Subdivision 30T-11205 has also beensubmitted to along with the proposed Zoning By-lawAmendment.Modified conditionsof draft approvalare attached to this report. Policy Conformity Provincial Policy Statement(PPS) The 2020Provincial Policy Statement (PPS) was issued by the Province of Ontarioand came in effect on May 1, 2020. The PPS provides policy direction on matters of Provincial interest related to land use planning and development and applies to all decisions in respect of the exercise of any authority that affects a planning matter made on or after May 1, 2020. Section 3 of the PPS . ThePPSprovides the policy foundation for regulating the development and use of land in the Province. The PPS promotes healthy, liveable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open spaceuses to meet long-term need of its residents. 1 - 2 Thesubject developmentis located within the existing settlement area and is a small, undeveloped parcel of land surrounded by existing and future residential uses to the east and north. The PPS states thatsettlement areas should be the focus forgrowth, and that land use patterns should make efficient use of land, resources and infrastructure. Theproposed development has regard for the PPS as it represents the logical rounding out and completion of an existing residential community that will make efficient use of available infrastructure and services. 2017 Growth Plan for the Greater Golden Horseshoe Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to complete communities and supports active transportation.As this lot addition supports the completion of both Stage 5 of the River Ridge subdivision and Stage 2 of this plan, staff is of the opinion that approval of this application would support the policies of the Growth Plan. Regional Official Plan(ROP) and rThe ROP provides policy direction on planning matters for the Region and includes allpolicy changes and amendments since the adoption of the Regional Official Policies Plan Thesubject developmentis located within the Urban Area-designated Built-Up area -as identified in the ROP, which is intendedto accommodate most of the employment growth.The Property is designated as Built-Up Area, which is intended to accommodate 45% ofall new residential development occurring annuallywithin the Region. The proposeddevelopment will not only assist in completing this residential community;it will also add an additional six (6) units that will assist in achieving theannual intensification targetswithinthe Built-Up Area. The Proposed Development conforms with the ROP as it provides for the type ofresidential intensification contemplated for in the existing urban area, will be serviced byexisting municipal infrastructure, is compatible with the surrounding residential communityandprovides for the protection and preservation of the existing natural heritage featurelocated to the west of the property. City of Kitchener Official Plan The Official Plan is forland use and physical development of the citythat aims to balance the social, economic and environmental interests of the community.Kitchener's Official Plan goes togetherwith our growth management strategy, serving as a roadmap for us to follow in managing our future growth, land uses, and environmental protection. Urban Structure The Property is identified as part of theCommunity Area, which is intended to provide for arange of residential uses with opportunities for limited intensification that is compatible withthe character and planned function of the community. The future development streettownhouse unitswithin Stage 2is consistent with the character and functionof the surrounding low rise residential neighbourhood. 1 - 3 Land Use Thesubject propertyis designated as Low Rise Residential, which is intended to accommodate afull range of lowerdensityresidential usesincludingstreet townhouses.Thesubject landsare adjacent to an unmapped natural heritage feature to the west. Inaccordance with the policies of the Official Plan, the proposed development has beendesigned to accommodate appropriate setbacks from the existing featuresin ordertopreserve andprotect the natural area. Theproposed development conforms with the Official Plan as it is consistent with the typeand character of surrounding land uses, provides for the typesand rangesof residential uses permitted in the LowRiseResidential designation, and ensuresthe protection of adjacent environmentally sensitive lands. Kitchener Growth Management Plan (KGMP) The KGMP is one of the key tools usedto effectively manage development in our community.It places an emphasis on better utilizing existing servicing infrastructure and assigns a priority ranking from A to C (A highest C-lowest) on lands within the community where development is expected. The KGMP has assigned a Priority Afor the subject lands, meaning higher priority is placed in obtaining approvals so that it can be developed in order to complete this planning community. Technical Considerations Servicing Municipal water, sanitary and storm services are available and will beextended into the subject lands through the completion of Field Sparrow Crescent. Staff has reviewed the preliminary servicingreports in support of the application and is satisfied with the conclusions reached regarding servicing. Detailed plans will be evaluated as conditionsof draft approvalas outlined in Appendix B of this report. Environment The applicant has submitted a Scoped Environmental Impact Statement. Staff has reviewed the report and is satisfied with the conclusions and recommendations for implementation. The proposed development willbelocated outside of buffers and conditions of approval will be updated as part of the modified draft approval. Modified Conditions of Approval Modified conditions of approval are attached as Severalchanges havebeen made to the approved conditions to reflect the addition of this land to Stage 2. The new conditions are bolded and italicized for easyidentification. In addition, because Stage 1 of the subdivision has been registered, a fewexisting conditions pertaining to Stage 1 havebeen removed. These conditions of approvalare marked as being deletedin bold and italics. PlanningAnalysis It is the opinion of staff that the proposed zoning by-law amendment and modification to Draft Plan of Subdivision 30T- Theproposed development has regard for matters of Provincial interest as 1 - 4 outlinedin the Planning Act. Theproposed development has regard for the PPS as it represents the logical rounding out of the existing residential community that will make efficient use of municipal infrastructure. It also meets the objective of providing a variety of housing options through the construction of townhouses. Theproposed development is consistent with the Growth Plan as it makes efficient use of existing infrastructure, broadens the range housing options in the community, and willassist the City in achieving residential intensification targets within the built-up area. Theproposed development conforms with the ROP as it will be serviced by existingmunicipal infrastructure, is compatible with the surrounding residential community andprovides for the protection existing adjacent natural heritage feature. Theproposed development conforms with the Official Plan as it is compatible withsurrounding land uses, is permitted in the Low Rise Residential designation, completes the River Ridge community and willensure the protection and preservation of the adjacent natural feature. The proposed developed is serviceable and functional. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the C the delivery of core service. AGENCY COMMENTS: Commenting agencies and City departments have noconcerns with the proposed ZoningBy-law amendmentand any revisions have been accommodated in any modified conditions attached as D COMMUNITY ENGAGEMENT: INFORM and CONSULT Letter notice of theApplication was circulated to property owners within 120 metres of the subject landsJune 21, 2019as per Planning Act and Council Policy.A Notice sign wasplaced on the subject landsadvising of the Zoning By-law Amendment application.This report will be posted to committee meetingand will be advertised in the Record on November 13,2020 There were no written responses received from property owners. Staff was contacted by one propertyownerwho resides on Field Sparrow Crescentseeking more information regarding the nature of the application.A Neighbourhood Information Meetingwas not held given there were noconcerns identified from members of the public. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Notice of theDecember 7, 2020public meeting of the Planning & Strategic Initiatives Committee will be advertised in The Record onNovember 13, 2020. The newspaper notice is attached as D 1 - 5 Commun Community Engagement Strategy. The notice will also be posted on the City of Kitchener website atwww.kitchener.ca.In accordance with Council policy, aletter will be mailed out to all property owners within a 120 metre radiusof the subject property to notify them of the upcoming public meeting. CONCLUSION: Planning staff is of the opinion that the proposed Zoning By-law amendmentand Draft Plan of Subdivision modification demonstrate good planning principles.Staff therefore recommends approval of the Zoning By-law amendmentand Draft Plan of Subdivision modificationas outlined in the Recommendation section of this report. REVIEWED BY:Janine Oosterveld,Manager of Site Development & Customer Service ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services) Attachments Appendix A -Proposed Zoning By-law Appendix B Modified Conditions of Draft Approval& Draft Plan Appendix C Planning Report & Decision for B2018-123 Appendix D-Newspaper Notice Appendix E-Department/Agency Comments Appendix F-PropertyOwner Notice 1 - 6 DSD-20-098 PROPOSED BY LAW November 1, 2019 BY-LAWNUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener Principia Development Ltd. 250 Woolwich Street) 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.ScheduleNumber128ofAppendixtoBy-lawNumber85-1isherebyamended bychangingthezoningapplicabletotheparceloflandspecifiedandillustratedas Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Three Zone (R-3) with Special Regulation Provisions 304R and307R. 2.ScheduleNumber128ofAppendixtoBy-lawNumber85-1isherebyamended bychangingthezoningapplicabletotheparceloflandspecifiedandillustratedas Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Six Zone(R-6). 3.ScheduleNumber128ofAppendixtoBy-lawNumber85-1isherebyamended bychangingthezoningapplicabletotheparceloflandspecifiedandillustratedas Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Regulation Provision 1R to Residential Six Zone(R-6). 4.Schedule Number 128 of Appendix to By-law Number 85-1isherebyfurther 1 - 7 amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. PASSED at the Council Chambers in the City ofKitchenerthisdayof ,2020 Mayor Clerk 1 - 8 88 66 11 TT RR AA PP 77 66 11 TT RR 55 33332266--RR88 AA PP 9977 22 22 11 TT RR 77 RRTT 115522AA 8855 PPAAPP 77998811--RR 00 TT RR 88 44 KK LL BB AA PP 11 TTRRAAPP 00 22 66 RRTT 1155 PPAA22 TT RR AA PP 11 22 55 RRTT 1155 PPAA 22 TT 33 RRTT 1155 PPAA RR AA PP 44 RRTT 1155 PPAA22 22 22 O 22 RRTT 1155 L PPAA TT D C RR O AA T A T PP 11 RRTT 1155 PPAA 00 RRTT 1155 PPAA 11 22 11 TT RR AA PP 99 RRTT 1144 PPAA 00 22 11 TT RR AA PP 33 22 22 TT 88 RRTT 1144 PPAA RR AA 99 22 11 11PP 11 TT11 RR KK AA PP TT LL BB RR 22 AA PP TT 44 RR 22 AA 22 77 RRTT 1144PP PPAA TT 88 33 RR KK PPAARRTT 111188 LL AA BB PP 66 RRTT 1144 PPAA 55 22 PPAARRTT 111177 22 TT RR AA PP 55 KK 33 BBLL PPAARRTT 111166 PPAARRTT 111155 PPAARRTT 111144 PPAARRTT 111133 PPAARRTT 111122 8855 66992211--RR 88 77 11 22 00 TT 99 RR 11 -- AA PP RR 88 55 778866 --1188 88RR 55 55 RRTT 66PPAA RRTT PPAA Schedule134 77 RRTT PPAA 88 RRTT PPAA 99 RRTT PPAA 00 RRTT 11 PPAA 11 RRTT 11 22PPAA RRTT 11 PPAA 33 RRTT 11 PPAA Schedule128 11 TT RR AA PP PP AA RR TT 11 55 S E R C W O R R A P S D L IE F T S IL A T D E R 00 11 TT RR AA PP 22 TT RR AA PP 77 TT TT 4 4 00 RR AA PP88 RR 55 22 TT 3 366 RR77 AA PP11 AA-- RR TT 88 PP 55 RR T2 T2 RR PAPA AA --1177665588 PAPARRT1 T1 5588RR 11 PP 11 TT RR 11 33 22 AA TT RR TT PP AA PP RR AA PP 88 99 22 1188 -- RR 5588 1 - 9 Appendix B Modification to Draft Plan of Subdivision 30T-11205 Principia Development and Joseph Sestan Pursuant to Section 51(44) of the Planning Act, R.S.O. 1990, and City of Kitchener By-law No. 2002- 164, as amended, the Manager of Development Reviewhereby modifies the plan and conditions of draft approval for Plan of Subdivision,30T-11205in the City of Kitchener, so that the conditions of draft approval read as follows (asterisk indicates revised conditionand bolding denotes modified wording): 1.That this approval applies to Plan of Subdivision 30T-11205 for Principia Development and Joseph Sestanshown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 2, 2014(revised November 16, 2020),which shows the following: Stage 1 Registered 58M-598 *Stage 2 Block 1 Multiple Residential 12 *Block 2 Street fronting Townhouses 6 *Blocks 3, 4 Single Detached Lot Additions ______ Total 18units 2.CITY OF KITCHENER CONDITIONS: Part 1 General Conditions *2.1That the SUBDIVIDER shall enter into a City Standard Residential Subdivision Agreement,as approved by CityCouncil, respecting those lands shown outlined on the attached Plan of Subdivision dated May 2, 2014(revised November16, 2020),which shall contain the following additional special conditions: Part 2 Prior to Grading *2.16 Deleted 2.17 That Prior to any site alteration, grading, servicing or registration, whichever comes first, the SUBDIVIDER agrees to register a conservation easement over Block 1 (Stage 2) -goingresponsibilities regarding the Butternut tree under the Ontario Endangered Species Act and, specifically, any required mitigation and implementation measures related to the Butternut tree as specified by the Ministry of Natural Resources (letter from Ian Hagman to Tara Brenton, NRSI, September 12, 2012). An undertaking may be provided by the SUBDIVIDER to the satisfaction of the City Solicitor to confirm intent to register the conservation easement immediately following the registration. 1 - 10 ͳ 2.18 That prior to grading, servicingor registration, whichever comes first, the SUBDIVIDER agrees to submit an erosion and siltation control plan to the satisfaction of the City in consultation with the Region of Waterloo and the Grand River Conservation Authority. 2.19 That prior to grading, servicing or registration, whichever comes first, the SUBDIVIDER agrees to submit a stormwater management plan to the satisfaction of the City in consultation with the Region of Waterloo and the Grand River Conservation Authority. *2.20That Prior to Grading, Servicing or Registrationof Stage 2, whichever occurs first, the SUBDIVIDER shall obtain approval of, andagree toimplement a Restoration/Enhancement Plan outlined in Scoped Environmental Impact Study (Memo, Natural Resource Solutions Inc., November,2018) tothe satisfaction of the CITYS Director of Planning. *2.21That prior to Grading, Servicing or Registration of Stage 2, the SUBDIVIDER agrees to make satisfactoryarrangements with ActivaHoldingsInc.for the removal of the existing temporary road located on Stage 5, 58M-522 to the satisfaction of the Director of Engineering. The SUBDIVIDER further agrees to obtain approval of the design and implement the construction and costs to extend full municipal services and continuous roadway tofull urban standard, all to the satisfaction of the Director of Engineering. *2.22Prior to grading the SUBDIVIDERagrees to provide an updated Geotechnical Report to include recommendation for Block 2 and includemaximum footing elevations to achieve groundwater separation for Blocks 1 & 2(Stage 2), all to the satisfaction of the Director of Engineering. *2.23TheSUBDIVIDERagrees to the design and implementation of block or lotlevel roof water infiltration galleries-where groundwater elevations permit-to the satisfaction of the Director of Engineering. Part 3 Prior to Servicing 3.19 The SUBDIVIDER agrees to service and register the plan in two stages. Stage One can proceed immediately. Stage Twois not contingent upon Stage One but cannot occur until such time as Field Sparrow Crescent is constructed to municipal standards in Registered Plan of Subdivision 58M-522, or through alternate arrangements made to the satisfaction of the Director of Planning in consultation with the Directors ofEngineering, 3.20 The SUBDIVIDER agrees to upgrade the outlet of the existing downstream storm water management facility located in Block11 (Stage One) to the satisfaction of the Director of Engineering andthe Grand River Conservation Authority. *3.21The SUBDIVIDER agrees to make satisfactory arrangements with Activa Holding Inc. to provide full municipal services to Lots 19, 37 & 38, Plan 58M-552along with implementation all to the satisfactionof theDirector of Engineering. *3.22TheSUBDIVIDERagrees to provide a detailed design for water servicing which includes the looping of the existing stubbed watermains on Field Sparrow 2020Modification to Plan of Subdivision 30T-11205 1 - 11 ʹ Crescent. TheSUBDIVIDERfurther agrees tothe costs and implementation of such services all to the satisfaction of the Director of Engineering Services. *3.23TheSUBDIVIDERagrees to provide a detailed design for the continuation of Field Sparrow Crescent with full services and join the two stubbed road allowances all to thesatisfaction of the Director of Engineering in consultation of the Director of Transportation Services. TheSUBDIVIDERfurtheragrees to implement the approved design at his cost to thesatisfaction of theDirector of Engineering. Part 4Priorto Application for Issuance of any Building Permits *4.18Deleted *4.19TheSUBDIVIDER agrees that no building permit shall be applied for or issued for Priority Lots 1 and 10 (Stage One)and street fronting townhousesto be located within Stage 2, until therequired building elevation and/or building location drawings have been su Chief Building Official for the proposed building thereon toensure that consideration has beengiven to the design treatment of each corner lot/dwelling including such items as the provision of porches, porticos, stairs or other projections; horizontal articulation; brick or masonry style skirting and/or accentuated windows; and secondary entries. *4.20 The SUBDIVIDER agrees that no building permit shall be applied for or issued forLot Addition Blocks3 and 4(Stage Two) or portions thereof, until such time as said blocks aremerged on title with Lots 19and37,58M-522,respectively,to the satisfactionof the Director of Planning. Part 6 Other Timeframes *6.15 Deleted. *6.16 Deleted. *6.17 Deleted. 6.18The SUBDIVIDER shall include a statement in all Offers of Purchase and Sales Agreements,and/or rental agreements, which advises: a)Thatthe home/business mail delivery will be from a designated Community Mail Box; and, b)Homeowners of the exact Community Mail Box location. The SUBDIVIDER further agrees that the location of all Community Mail Box facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). *6.19The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with home buyers, or in Agreement of Purchase and Sale with builders thatwill require the builders to include a statement in all Agreements of Purchase and Sale, and/or Rental Agreements with home buyers, that: 2020Modification to Plan of Subdivision 30T-11205 1 - 12 ͵ a)Identify the presence of direct-to-fire alarm monitoring systems and sprinklers for Lots 1 to 10 (Stage 1) and the requirement thatthese systems must be maintained and must remain operational in perpetuity as a responsibility of the homeowner. The Officials Fire Chief. b)Advise that any plantings located along the exterior side lot line of Lot 10 are not to be removed/altered in any way unless first approved by the Director of Planning. General maintenance is exempted fromthis provision. c)Advise that board-on-board fencing is not permitted along the exterior lot lines of Lots 1 and 10. *d)Adviseprospective purchasersbacking onto the Restoration/Enhancement Area within Stage 2 that any vegetation associated with the Restoration/Enhancement Plan is not beremoved or significantly altered without approval by the Director of Planning.General maintenance is exempted from this provision. *6.20 Deleted. 6.21 The SUBDIVIDER agrees that if the existing private water supply is disrupted to properties located on WoolwichStreet and immediately adjacent to Block 2(Stage 2), within twoyears of the completion and acceptance of underground services for Stage 2, as a result of the development of Stage 2, it shall provide at itscost a water supply to the satisfaction of the CI *6.22The SUBDIVIDER agrees to implement all of the recommended mitigation measures as outlined in theScoped Environmental Impact Study (Memo, Natural Resource Solutions Inc., November, 2018). *6.23TheSUBDIVIDERshall beresponsible for sediment from the subject lands entering existingdownstream sewers and existing stormwater management facilities located on Block 47,58M-552, until such time as ninety-five (95%) percent build-out of the subject draft plan ofsubdivisioncatchment area occurs, to the satisfaction of the r of EngineeringServices. Such maintenance may require the SUBDIVIDER to provide a letter of credit to theCITY for any required cleaning of such facilities, to the satisfaction of thSDirector ofEngineering Services. *6.24The SUBDIVIDER shall be responsible for sediment from the subject lands entering existingdownstream sewers and existing stormwater management facilities located onBlock 47,58M-552, until such timeas ninety-five(95%) percent build-out of the subject draft plan ofsubdivision occurs, to the satis Engineering Services. Suchmonitoring may require the SUBDIVIDER to provide a letter ofcredit to the CITY for anyrequired cleaning ofsuch facilities, to the ngineeringServices. *6.25Where a retaining wall is located on private propertythe following clause shall be registered on title of affected Lots/Blocksand be included in all Offers of Purchase/Sale and Tenancy Agreements: 2020Modification to Plan of Subdivision 30T-11205 1 - 13 Ͷ nants are advised thata retaining wall is located at the rear/side of thisproperty. The owner of this property owns his/her section of the retaining wall. The retainingwall is not in publicownership. Monitoring, maintenance, inspection, repair and replacementof this retaining wall, including any associated costs, are the sole responsibility of theproperty owner. The City of Kitchener has no responsibility for this retaining wall. Shouldthisty to repair or replace his/her sectionof the wall, at his/her cost. If the repair and/or failure of the retaining wall is deemed by theCityto be a public safety hazard, thecity will issuea work order on the affected property. Ifthe repair/replacement of the retaining wall is not started within 7 days notice, the City willundertake and complete the work. The cost of the work will be added 2.2That prior to final approval of the planto be registered, the SUBDIVIDER shall fulfill the following conditions: 1.The City Standard Residential Subdivision Agreement shall be registered on title. 2.The SUBDIVIDER shall submit copies of the plan for registration tothe CITY'S Director of Planning and to obtain approval of such applications therefrom. 3.The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstandingtaxes on the lands. 4.The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with 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.The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electricalservices to the subdivision and/or the relocationof 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. 6.The SUBDIVIDERshall make satisfactory arrangements for the provision of permanent telephone 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 theprovision of temporary services and the removal of such services when permanent installations are possible. 7.The SUBDIVIDER shall make arrangements for the granting of any easements required for utilitiesand municipal services. The SUBDIVIDER agrees tocomply with the following easement procedure: a)to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements HYDRO, and telephone companies and the CITY'S Director of Planning. 2020Modification to Plan of Subdivision 30T-11205 1 - 14 ͷ b)to ensure that there are noconflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering for municipal services; c)to ensure that there are no conflicts between utility or municipal service easement locationsand any approved Tree Preservation/Enhancement Plan; d)if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director ofEngineering, 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 each of the HYDRO and telephone companies. Such letter shall state that the respective utilitycompanyhas received all required grants of easement, or alternatively, no easements are required. 8.The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of thePlan of Subdivision. 9.The SUBDIVIDER shall erectand maintain a subdivision billboard sign at each major entrance to the subdivision, Planning, in accordance with the following criteria: a)Thesign shall be located outside the requiredyard setbacks of the applicable zone and the corner visibility triangle,with the specific, appropriate location to be approved by the b)The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and amaximumarea of 13 square metres; c)Graphics shall depict the features within the limits of thesubdivision 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, hydro corridors,trail links and walkways, potential or planned transit routes and bus stop location, notifications regarding contacts for school sites, noise attenuation measures, special buffer/landscapingareas, water courses, flood plain areas, railway lines and hazard areas and shall alsomake general reference to land uses on adjacent lands including references to any formal development application, all to irectorof Planning; d)Approved subdivision billboard locations shall be conveniently accessible to thepublic for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian accessmay 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 informationmay not be current and to obtain updated information, enquiriesshould be made at the *10. Deleted. 2020Modification to Plan of Subdivision 30T-11205 1 - 15 ͸ 11. The SUBIVIDER agrees to convey the following lands to the City of Kitchener: Stage 1 Block 11 (Open Space/Hazard Land) Block 12 (Open Space Trail) Block 13 (Servicing Corridor) Block 14 (Servicing Corridor/Emergency Access/Walkway) Block 15 (Right-of-Way) *12. Deleted. 13. Prior to Grading or Registration,whichever shall occur first, the SUBDIVIDER agrees to submit, obtain approval of and commence a detailed monitoring program, as outlined in the Environmental Impact Statement (Natural Resources Solutions Inc., November 2011) to the satisfaction of the CI Regional Municipality of Waterloo and Grand River Conservation Authority. *14.Deleted. *15.Deleted and replaced with, TheSUBDIVIDER shall satisfy theparkland dedication for theadditional lands being added into Stage 2, by paying to the City of Kitchener Park Trust Fund,a cash-in-lieu contribution for park dedication equal to 5 percent of the value of the land.The cash-in- Dedication Policy in effect at the time of registration 16. The SUBDIVIDER agrees to make the necessary arrangements (financial or otherwise) to lift easements on title registered as Parts1 and 2, 58R-12700 to the satisfaction of the City Solicitor in consultation with the Directors of Engineering and Planning. 17. That prior to grading, servicing or registration, the SUBDIVIDER submits an erosion and siltation control plan to the satisfaction of the Director of Engineering in consultation with the Region of Waterloo and the Grand River Conservation Authority. 18. The SUBDIVIDER submits a stormwater management plan to the satisfaction of theDirector of Engineering in consultation with theRegion of Waterloo and the Grand River Conservation Authority. 19.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.REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1)That the Developer agrees to stage the development forthissubdivision in a manner satisfactory to theRegional Commissioner of Planning, Housing and Community Services; 2020Modification to Plan of Subdivision 30T-11205 1 - 16 ͹ 2)That the subdivision agreement be registered by the City of Kitchener against the lands to which it applies and a copy ofthe registered agreement be forwarded to the Regional Commissionerof Planning, Housing and Community Services prior to final approvalof the subdivision plan; 3)a) That the Developer enter into an Agreement for Servicing with the Regional Municipality of 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 Developer has already entered into anagreement fortheinstallation 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 Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered; b) That the Developer include the followingstatement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: of lease or purchase and sale are not yet registered as a plan ofsubdivision. 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 willhave all conditions of draft plan approval satisfied, including the availability of servicing until the plan is regist 4)That prior to final approval, the Developer enter into a registered development agreement with the Region of Waterloo to require aminimum 1.2 metre high, paige wire fencing and/oran alternate marking system consistent with other fences in the development (as required by the City of Kitchener) at the rear of Lots 7 to 10 inclusive and along the southern property limit of Block 11toprevent encroachments into the Core EnvironmentalFeature; 5)That prior to final approval, the Developer enter into a registered development agreement with the Region of Waterloo that no clearing of vegetation on the site occur during the bird breeding season in compliance with the Migratory Birds Convention Act unless it can be determined by a qualified expert via letter satisfaction that no birds covered by the Actare observed to be breeding in or adjacent to the affected area; 6)Thatprior to final approval, the Developer enterinto a registered development agreement with the Region of Waterloothat prior to any land clearing, grading or other site alteration, the Developer obtain permits, if necessary, from the Ministry of Natural Resources (MNR) related to species at risk identified on or contiguous tothe subject lands in compliance with the Endangered Species Act. Mitigation measures related to the Butternut Tree as specified by the MNR (Letter from Ian Hagmanto Tara Brenton, 2020Modification to Plan of Subdivision 30T-11205 1 - 17 ͺ NRSI, September 13, 2012) must be implemented including the 10-metre protective buffer from the bole of the tree; 7)That prior to final approval, the Developer enter into a registered development agreement with the Region of Waterloo that prior to any landclearing, grading or the installation of services, the Developer submit a detailed erosion and sediment control plan acceptable to the Region in order to prevent sedimentation into the Core Environmental Feature, and that the plan requireerosion/sedimentationand construction fencing along the southernproperty limit contiguous to the Core Environmental Feature, and that this fence be maintained in good order until such time as landscaping on Lots 7 through 10 inclusive and Block 11 is completed; 8)Thatprior to final approval, the Developer submits a detailed stormwater management plan to the satisfaction of the Region including, but not limited to, the design and location of infiltration facilities and stormwater outfalls required to sustain the Core Environmental Feature and prevent erosion within it; 9)That prior to final approval, the Developershall submit a landscaping and planting plan for additional plantings proposed for the subject lands and that recommended plantings shall consist of locally-appropriate, self-sustaining native vegetation to thesatisfaction of the Region; 10)That prior to final approval, the Developer shall submit a detailed Monitoring Plan as outlined in the Sestan Property Environmental Impact Study (Natural Resource Solutions Inc.,November 2011) to the satisfaction of the Region, the City of Kitchener and Grand River Conservation Authorityand that the Developer enter into a registered development agreement with the Region of Waterloo to ensure the approved Monitoring Plan is followed; and, 11)That prior to final approval, the Developer shall submit a brochure for new home purchasers which providesinformation about the natural heritage features contiguous to the subdivision which contains advice about how homeowners can be good stewardsof these areas, and that the brochure be prepared to the satisfaction of the Region, City of Kitchener, Grand River Conservation Authority and Ministry of Natural Resources (if necessary) and that the Developer enter into a registered development agreement with the Region of Waterloo to provide allnew home purchasers with abrochure with their agreements of purchaseand sale. *12)That prior to final approval of all or any part of the draft plan of subdivision, a copy of the Ministry of Tourism, Culture and Sport clearance be provided to the Regionof Waterloo for the repor-2 Archaeological Assessment, 250 Woolwich Street Annex, Waterloo, Part of Lot 124 German Company Tract, Geographic Township of Waterloo, City of Kitchener, Region o (Detritus Consulting Ltd., July 17, 2019), to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 4.OTHER AGENCY CONDITIONS 1. The SUBDIVIDER agrees, that prior to grading, servicing or registration whichever comes first, to submit a stormwater management report and plan, a lot grading, drainage and storm servicing plan; an erosion and siltation control plan and obtain 2020Modification to Plan of Subdivision 30T-11205 1 - 18 Ͳͱ approval of a Development permit to the satisfaction of the GrandRiver Conservation Authority. 5.CLEARANCECONDITIONS 1.That prior to s Director of Planning, the City of Kitchener is to be advised by the Regional Commissioner of Planning, Housing and Community Servicesthat Conditions 3.1 to 3.11 have been carried out tothe satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief but complete statement detailing how each condition has been satisfied. 2.That prior tothe stor of Planning, the City of Kitchener is to be the advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to their satisfaction. The clearance letter shall include a briefstatement outlining how the condition has been satisfied. 3.That prior to s Director of Planning, the Director shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 and 2.2.7 has been carried out satisfactorily. The clearance letter shall include a brief statement detailing howeach condition has been satisfied. 4.That Director shall be advised by the telecommunication companies(Bell, Rogers) that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 6.NOTES Development Charges 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law 09-024 or its successor are applicable. Registry Act 2.The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. UpdatedInformation 3. It is the responsibility of theowner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Regional Fees 4. The owner/developer is advised thatthe Regional Municipalityof Waterloo has adopted By-Law 09-003, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of 30T-12201. Identification of Applicable Planning Act 2020Modification to Plan of Subdivision 30T-11205 1 - 19 ͲͲ 5.This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act,R.S.O.1990, as amended by S.O.2006,c.23(Bill 51). Regional Servicing Agreement 7. The owner/developer 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 and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Servicesto 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 timelimited, definethe servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, anew agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copiesofthe proposed plan to be registered along withthe written request for a servicing agreement. Registration Release 8. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the Cityof 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 otherrequired information or approvals have been deposited with the Regional Planner responsible for the file, no later thanDecember 15th. Regional staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submitthe appropriate documentation by this date. Final Plans 10.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 withtheterms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the signature will be endorsed on the planand it will be forwarded to the Registry Office for registration. The following is required for registration and underThe Registry Act and for our use: One four four 2020Modification to Plan of Subdivision 30T-11205 1 - 20 1 - 21 DSD-20-098 Appendix "C" REPORT TO:Committee of Adjustment DATE OF MEETING:December 11, 2018 SUBMITTED BY:Juliane von Westerholt,Senior Planner-519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869 WARD:1 APPLICATION #:DSD-18-188 SUBJECT:APPLICATION #: B2018-123 218 Woolwich Street Applicant: K. Barisdale, GSP Approvewith Conditions ___________________________________________________________________ Subject Property 218 Woolwich Street 1 - 22 DSD-20-098 Appendix "C" REPORT Planning Comments: 218 Woolwich Street is located on the east side of Woolwich Street between Falconridge Drive and Sunridge Drivein Bridgeport North. The subject propertymeasures 50 metres wide by 188 metres long and approximately1.4 hectares in area. Its principle frontage is off ofWoolwich Streetalthough the rear portion of the subject lands has frontage onto Field Sparrow Crescent through the River Ridge Subdivision. A single detached dwelling is located on the property and the North Branch of the Melitzer Creek Tributary flows through themiddle of theproperty. Surrounding land use is characterized as low rise residentialand environmentally sensitive lands associated with the Melitzer Creek Tributary and weltand areas. The subject property is designated Low Rise Residential The subject application has been considered under the policies of the are under appeal and there is a direct co-relation to policies of the 1994 Official Plan, staff refers to the former policies. The intent of the Low Rise Residential designation in both plans is to accommodate arange of housing types, favouring a mix and integration of different forms of housing to achieve a lower overall intensity of use.The subject property is split zoned Residential Four (R-4) and Agricultural One (A-1) (1R) with the front half being R-4and back half of the property zoned A-1. A siteinspection occurredonNovember 21, 2018. 1 - 23 DSD-20-098 Appendix "C" Theapplicantis proposing to sever the rear half portion of 218 Woolwich Street measuring 62 metres wide by 66 metres deep for a total area of 0.43 hectares. The purpose of the consent is to add this parcel of land to lands immediately to the west and owned by Principia Development Ltd. as the first of two phases of approvals. Once the lot addition is completed, the second phase is for Principia to apply for a zone change and major modification to include this parcel within Draft Plan of Subdivision 30T-11205 so that the westerly leg of Field Sparrow Crescent can be completed, as illustrated below. Conceptual Plan Illustrating Development Potential GSP In support of the application, the applicant has submitted a Scoped Environmental Impact Statement and a Preliminary Functional Servicing Report. These two documents have been and Environmental Planning comments below. Lot Addition With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the proposed lot addition will result in adding a parcel of land to the adjacent landowner that willultimately lead tothecompletion of aplanned residentialcommunity.It has frontage onto a public street (Field Sparrow Crescent) and can be municipally serviced. The retained lands will maintain frontage onto Woolwich Streetand is consistent with the surrounding lotting fabric. Heritage Comments: Heritage Planning staff has no concerns with the application. 1 - 24 DSD-20-098 Appendix "C" Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services hasno concerns with the proposed application. Engineering Comments: Engineering has no comments or concernswith the lot addition. Community Services Comments: Park land dedication will be deferred to modification of subdivision plan. Environmental Planning Comments: nderstanding that the severed lands will be incorporated into 30T-11205 andthatthe existing Subdivision Agreement will be modifiedaccordingly.Therefore, the following should be included: outlined in the Scoped Environmental Impact Study (Natural Resource Solutions Inc., November, 2018) approval of, and implement a Restoration/Enhancement Plan as per the Scoped Environmental Impact Study (Natural Resource Solutions Inc., November, 2018) to the Restoration/Enhancement Area that any vegetation associated with the Restoration/Enhancement Plan is not be removed or significantly altered without approval by the Director of Planning. General maintenance is exempted from this provision. Based on the foregoing, planning staff recommends that consent application B2018-123be approved subject to the conditions outlined in the Recommendationsection of this report. RECOMMENDATION: That Application B2018-123requesting to sever a parcel of land from218 Woolwich Street measuring 62 metres wide,66metres long, with a lot area of approximately 0.43hectares, andadd it as a lot addition to lands owned by Principia Development Ltd.,be approved subject to the following conditions: 1.That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 2.That the O register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application 1 - 25 DSD-20-098 Appendix "C" Consolidation Parcels to the City Solicitor within a reasonable time following registration. 3.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the . 4.That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title for the severed portionwhich shall include the following: a.That prior to final endorsement of the deed, the Owner shall apply for and receive approval ofa zoningby-law amendmentand major modification to 30T-11205 to the satisfaction of the Director of Planning. b.That prior to Servicing or Registration, whichever occurs first, the SUBDIVIDER shall obtain approval of, and implement a Restoration/Enhancement Plan as per the Scoped Environmental Impact Study (Natural Resource Solutions Inc., November, 2018) to the satisfaction of the CITYS Director of Planning. c.That the SUBDIVIDER agrees to advise prospective purchasers of Lots backing onto the Restoration/Enhancement Area that any vegetation associated with the Restoration/Enhancement Plan is not be removed or significantly altered without approval by the Director of Planning. General maintenance is exempted from this provision. d.The SUBDIVIDER agrees to advise prospective purchasers of Lots backing onto the Restoration/Enhancement Area that any vegetation associated with the Restoration/Enhancement Plan is not be removed or significantly altered without approval by the Director of Planning. General maintenance is exempted from this provision ________________________________________________ Brian Bateman, MCIP, RPPJuliane von Westerholt, MCIP, RPP Senior PlannerSenior Planner 1 - 26 DSD-20-098 Appendix "C" 1 - 27 DSD-20-098 Appendix "C" 1 - 28 D-20-098 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED ZONING BY-LAW AMENDMENT AND SUBDIVISION MODIFICATION UNDER SECTIONS34 AND 51(44)OF THE PLANNING ACT 250Woolwich Street The City of Kitchener has received an application to amend the Zoning By-law from Agricultural One (A-1) to Residential Three(R-3)and Residential Six (R-6). The purpose is to add a 0.43 hectare parcel of land to Draft Approved Plan of Subdivision, 30T-11205 and modify the existing draft approval to create additional blocks of land for the completion of Field Sparrow Crescentanddevelopment of six street townhouse dwelling units. In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronic public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Monday, December 7, 2020 at 7:00 p.m. (live-stream video available at kitchener.ca/watchnow) If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted proposal you may registeras a delegation at kitchener.ca/delegationsor by contacting Legislated Services at 519-741-2200 ext. 2203 by no later than 4:00 p.m. on December 7, 2020. A confirmation email and instructions for participating inthe meeting electronically with be provided once your registration is received. If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATIONis available by contacting the staff person noted below or by viewing the report contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the Calendar of Events and select the appropriate committee). Brian Bateman,Senior Planner -519-741-2200 ext.7869 (TTY: 1-866-969-9994); brian.bateman@kitchener.ca 1 - 29 DSD-20-098 Appendix "E" DEVELOPMENT SERVICES DEPARTMENT PLANNING (ZBA19/006/F/BB) Zoning By-law Amendment 1 - 30 Modification to Draft Plan of Subdivision, 30T-11205 Supporting Materials Comments July 22, 2019 Appeal Notice Notice of Decision 1 - 31 Schedule134 Schedule128 1 - 32 1 - 33 CIRCULATION COMMENT FORM (ZBA19/006/F/BB) July 22, 2019. 1 - 34 1 - 35 1 - 36 1 - 37 1 - 38 1 - 39 1 - 40 1 - 41 1 - 42 DSD-20-098 Appendix "F" DEVELOPMENT SERVICES DEPARTMENT-PLANNING Brian Bateman, MCIP, RPP City Hall, P.O. Box 1118 200 King Street West Kitchener, Ontario, Canada, N2G 4G7 PHONE: (519) 741-2200 x7869/x7843 FAX: (519) 741-2624 TDD\\TYY: 1-866-969-9994 brian.bateman@kitchener.ca June 21,2019 Dear NeighbourhoodResidents: Re:ZoningBy-law Amendment Application (ZBA19/006/F/BB)& Modification to Stage 2, 30T-11205 Principia Developments Ltd. Field Sparrow Crescent GCT, Pt.Lot 124, RP. 58R-20445, Parts 1 Cross Reference: Consent Application B2018-123 The City of Kitchener hasreceiveda Zoning By-law Amendment applicationand a request to modify Stage 2 of Draft Plan of Subdivision, 30T-11205for the lands shown on the location map below located on Field Sparrow Crescent in Bridgeport North. Location Map: Zoning By-law Amendment The request isto changethe zoningfrom Agricultural (A-1) to Residential Six(R-6)and Residential Four with Site Specific Regulation Provisions 304R and 307R in order to facilitate a modification to 30T-11205 to add 1 - 43 DSD-20-098 Appendix "F" the subject area (shown above)into Stage 2 of the subdivision plan. TheproposedR-6 zoning is consistent with the zoning currently in place for Stage 2. The lands are designa Official Plan. Modification to Draft Plan of Subdivision, 30T-11205 The proposed Zoning By-law amendment will facilitate a modification to add a 0.43 hectare parcel of landinto Stage 2 of 30T-11205 that was created through a land severance application number B2018-123. By adding these lands into Stage 2, the developer is able to complete the westerly leg of Field Sparrow Crescent. The modified Stage 2 plan will encompass five (5) blocks of land for low rise residential purposes (townhouses) as well as lots additions for future single detached lots located in the Activa subdivision, immediately adjacent to these lands. Your Comments Before a staff report is prepared, we are providing an opportunity to all property owners within 120 metres of the subject property and for City Departments and external Agencies to make comments. Written comments received prior to July 22, 2019will be considered in the formulation of the staff report. Those responding in writing will be mailed a copy of the staff report and will be notified of the date and time of the future public meeting. Please provide your comments using the attached comment form. The applicant has prepared supporting studies/reports. These are available for viewing in person at City Hall upon request. Appeal Notice If a person or public body does not make oral submissions at the future public meeting (not yet scheduled) or make written submissions to the City prior to the approval of a zoning by-law, a Tribunalmay dismiss an appeal made in relation to the applications. If you have any questions or require further clarification regarding this application, please feel free to contact me at your convenience. Notice of Decision If you wish to be notified of the decision of the City of Kitchener with respect to the application, you must make a written request to the City Clerk, Department of Corporate Services, 200 King Street West, P.O. Box 1118, Kitchener, Ontario, N2G 4G7. If you have any questions or require further clarification regarding this application, please feel free to contact Eric or I at your convenience. Yours truly, Brian Bateman __________________________ Brian Bateman, MCIP, RPP CC:CouncillorScott Davey, Ward 1 GSP,Agent Attachments Response Form Proposed Zoning Map Proposed Modified Draft Plan of Subdivision, 30T-11295 1 - 44 DSD-20-098 Appendix "F" 2 4 6-R85 332 K L B 6 3 2 2 T T R R A A P 157 PART 85 07981-R P 8 4 K L B 5 RAP 1 T 2 T 56 RT 1 PA R A P 155 PART 153 PART 4 8 6 T 9 R 2 154 PART A 1 - P 152 PART R 8 5 151 PART 150 PART 1 2 1 T R A P 149 PART 0 2 1 T R A 9 P 9 9 6 48 RT 1 1 PA - 9 1 2 1 1 T R R A K P 8 L B 5 147 PART 8 3 K T 118 L PAR B 146 PART PART 117 5 K 3 BL T 116 PAR PART 115 3 2 8 T 6 R A 9 T 114 PARP 2 1 - R 8 5 PART 113 T 112 PAR 1-R85 8692 0 9 1 T T R R A A P P 786 -18 8R 5 5 ART 6P ART P Schedule134 T 7 PAR T 8 PAR 9 ART P 0 RT 1 PA T 11 2PAR RT 1 PA 3 RT 1 PA Schedule128 P A R T 1 5 3 T R A P 0 1 T R A P 2 T R A P 2 T R A P 7 T 4 T R 0 PA 8 5 R 3 2 T6 R PA7 1 - A R T 8 5 P R 2 T AR P A -17658 PART 158R 1 P 1 T R 1 1 2 A T P T R A R P 6 A 9 P 98 2 18 - R 58 3 2 1 - R 8 5 1 - 45 DSD-20-098 Appendix "F" 1 - 46 DSD-20-098 Appendix "F" COMMENT FORM Zoning By-law Amendment Application ZBA19/006/F/BB Address: Field Sparrow Crescent Owner:Principia Developments Ltd. 1.What do you like or dislike about the requested Zoning By-law Amendment application? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2.What changes do you suggest for the requested Zoning By-law Amendment application? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3.Any additional comments? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Thank you for taking the time to fill out this form. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staff report; however your name will be kept confidential. Separate letters or emails are also welcome. Name: _______________________________________________ Signature: _______________________________________________ Date: _______________________________________________ Address: _______________________________________________ _______________________________________________ Telephone: _______________________________________________ Please direct all correspondence to: Brian Bateman, MCIP, RPP Phone: 519-741-2200 x7869 Email brian.bateman@kitchener.ca Fax: 519-741-2624 th Mail: City Hall, 200 King Street West, 6 Floor, PO Box 1118,Kitchener, ON N2G 1 - 47 REPORT TO:Planning & Strategic Initiatives Committee th DATE OF MEETING:December 7, 2020 SUBMITTED BY:Rosa Bustamante,Director of Planning, 519-741-2200 x7319 PREPARED BY:Juliane vonWesterholt,Senior Planner,519-741-2200 x7157 WARD(S) INVOLVED:Ward5 DATE OF REPORT:October 30,2020 REPORT NO.:DSD-20-179 SUBJECT:Modification to Draft Approved Plan of Subdivision 30T-09201 Zoning Bylaw AmendmentApplication ZC20/009/F/JVW Official Plan Amendment OP20/003/F/JVW 1255-1291Fischer Hallman Road Owner: Max Becker Enterprises RECOMMENDATION: A.That Official Plan Amendment Application OP20/003/F/JVWfor Max Becker Enterprises requesting a change to the Land Use Designationson Map 22e in the Rosenberg Secondary Planbe adoptedin the form shown in the Official Plan Amendment attached to Report DSD-20-179 ,and accordingly forwarded to the Region of Waterloo for approval; AND B.That Zoning By-law AmendmentApplication ZC20/009/F/JVWfor Max Becker Enterprises be approved- Report DSD 20-179 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law AmendmentApplication ZC20/009/F/JVW; ANDFURTHER, C.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 for Plan of Subdivision Application 30T-09201, in the City of Kitchener, for Max Becker Enterprisesas attached to Report DSD 20-179. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 Figure 1-Location Map EXECUTIVE SUMMARY: Max Becker Enterprises is seeking approval of a modification to Draft Approved Plan of Subdivision 30T-09201, an Official Plan Amendment and a Zoning By-law Amendment to allow changes to the approved Williamsburg South subdivision.The subject lands are located in the Rosenberg Planning Community at the southwest intersection of Bleams Road and Fischer Hallman Road as shown on the location map above. The modifications to the plan and designation, together with the proposed zoning regulations,result in: improved connectivity throughout the plan and adjacent plan; a redistribution of parklandin closer proximity to the hydro corridor and trail system; better adaptive useand preservation of the Heritage Property known as the Henhoeffer Farmstead;and intensified Mixed Use and increased density along the Fischer Hallman Corridor which achieves a more compact urban form, high quality streetscapes and is transit supportive. Staff isin support of the applications and recommendsapproval, subject to the modified conditions of draft approval appended to this report. The subdivision also includes the new Kitchener PublicLibrary (KPL) location for the south west area of Kitchener, which will be developed as part of the first phase of this subdivision in order to better serve the residents of the Rosenberg Community andthe broader southwest Kitchener area. The library,which isto be located at the northwest intersection of Rosenberg Way and Abram Clemens Street,will act as a focal point of the community creating a walkable and pedestrian- oriented mainstreet together with the mixed use landsproposed at the intersection of Rosenberg Way and Fischer Hallman Road.The planwill be developed with a wide range of residential uses 2 - 2 including single detached dwellings, semi-detached dwellings, townhouses as well asmid and high- rise dwelling units. In addition, the subject lands will be supported by public parks and trails, open space and mixed-use development. BACKGROUND: The Max Becker Enterprises Subdivision (30T-09201 and previously referred toas the Big Springs Farms) issituated in the Rosenberg Planning community, which was comprehensively planned and was originally draft approved by the Ontario Municipal Boardin 2015, together with implementing zoningby-law regulationsand Official Plan designations. The subdivision is comprised of: a well-designed mix of residential dwelling types including low, medium, and higher density forms of housing, mixed-use blocks, astormwater management pond, unique park spaces;and, the integration of aheritage featureknown as the Henhoefferfarm house located on the subject lands. Originally,the plan of subdivision was envisioned as an adult lifestyle community, with individual enclaves where adults could age in place and transition to other forms of housing as needed. This design has now been replaced with a more traditional subdivision design for persons of all ages and diversities. The plan originally consisted of larger Blocks that would be serviced by privately owned streets within plans of condominium and now the revised subdivision includes the introduction of 9 new public streets that provide for better walkability and connectivity throughout the subdivisionand withthe community at large. The subdivision has been unable to proceed due to servicing constraintsrelated to the construction of the Fischer Hallman Culvert (now completed) as well as the extensionof the Middle Strasburg Sanitary Trunk Sewer which is currently in the process of being constructed. Since 2015, subdivision design, zoning and residential market preferences have evolved and the applicantis proposing modifications to the plan, together with more contemporary zoning regulations which willresult in improved design flexibility and land efficiencies. REPORT: Proposed Official Plan Amendment The subject lands were comprehensively planned and designated with urban land uses as part of the Rosenberg Secondary Planning process in 2011-2013. The lands were designated with appropriate land uses that supported the principle that Fischer Hallman Road would serve as a community spine that would be framed with mixed uses and higher densities in order to support transit and achieve a 25 % modal split. Densities would gradually transitionfrom the more compact and dense land uses along the Fischer Hallman Mixed Use Corridor to a less dense 2 - 3 built form the farther westone movesfrom Fischer HallmanRoad.The changes being sought for the land use designations of the Official Plan reflect a slightlowering of the densities in the residential land uses,while increasing the amount of high density residential and mixed-use lands.The overall densities of the plan are anticipated to achieve between 58 and 70 persons and jobs/hectare which exceedsProvincial Growth Plan and the objectives. TheApplicantis proposing changes to the plan of subdivision that would introduce 9 new municipal streets;resulting in new lot and block configurations therefrom,increase the mixed use lands at the intersection of Fischer HallmanRoad and Rosenberg Way to better frame the pedestrian focussed,mixed use Mainstreetand orient the area for higher density residential uses along Fischer Hallman Roadboth of which will help support transit usageand redistribute the park spaces throughout the plan to create a more cohesivelinearpark and trail corridor system across the plan.It will alsopreserve the Henhoeffer Farmstead through an appropriate adaptive re-use and programming around the building that would permit public access over the privately owned open space landsthroughpubliceasementsand protect viewsheds to the buildingthrough appropriate height regulations surrounding the resource . An Official Plan Amendment is required in support of the proposed modifications to the draft plan of subdivision. and are comprised of the following changes: Map 22 e of the Rosenberg Secondary Plan is amended as follows: Area 1-from Open Space to LowDensity Residential Two Area 2-from Medium Density Residential Two to Medium Density Residential Two Area 3 -from Open Space to High Density Residential Area 4 -from High Density Residential to Open Space Area 5 -from Medium Density Residential Two to Open Space Area 6 -from Medium Density Residential Two to Mixed Use One Area 7 -from Medium Density Residential Oneto Mixed Use One Area 8 -from Mixed UseOne to Low Density Residential Two Area 9 -from Medium Density Residential Oneto Low Density Residential Two Area 10-from Low Density Residential Two to Neighbourhood Park Area 11-from Low Density Residential One to Low Density Residential Two Area 12-from to Neighbourhood Park to Low Density Residential Two Area 13-from Medium Density Residential Oneto Neighbourhood Park Area 14-from Low Density Residential One to Neighbourhood Park Area 15-from Low Density Residential One to Natural Heritage Area 16-from Low Density Residential One to Open Space Area 17 -from Open Space to Mixed Use One Area 18-Natural Heritage toNeighbourhood Park Area 19-Add Special Policy Area 2 - 4 The first 5 Amendmentsare refinements to the land use designations from the 2013-2015 Draft Plan Approvals. While modifications to the redistribution of the parkland and open space were reflected in proposed OPA amendments 10, 12,13,14,15, 16 and 18,Amendments 2, 8and 9 are a refinement of the residential density and built form that will be constructed namely singles, semi-detached, and street towns as opposed to cluster town houses and low rise apartments originally contemplated in these areas. Amendments 6and 7are negligible as they seek to exchange Medium Density Residential Two uses forMixed Use One uses, which will continueto permit built form options of up to 5 storeys to support transit and continue to provide for a pedestrian-friendly built form. Amendment 9 resulted from the introduction of an additional street and the proposed built form along Anton Crescent and the surrounding low-density residential usesremains unchanged at 26 units per hectare. Amendment 12is resultant from the reduction onthe Central park block, which contains the new library for the southwest area of the city, due to the provision of an additional street connectionknown as Guernsey Drive. It is important to note,that the overall parkland dedication has remained unchangedfrom 2015 at 2.33 hectares, while the Open Space lands have increased slightly from 19.88 ha to 20.11ha. Lastly, a further map change is required to incorporate Amendment 19 to addaSpecial Policy Area which recognizes the site specific uses that are contemplated for the adaptive reuse of the Henhoeffer House, which is located within an Open Space land Use designation,in order to align the permitted uses specified in the by-law with the Official Plan designation.These uses include: Residential Dwelling Artisan Establishment Studio Personal Service Office Academic Instruction Craftsman Shop Restaurant Museum ArtGallery Health Office Tourist Home / Bed and Breakfast Day Care Facility Educational Establishment. The changes to the plan reinforcethe distribution of the taller and higher built forms along the Fischer Hallman corridor away from the Henhoeffer Heritage house,as well as the old school house along Bleams Roadand in a location along the central spine of the community to better serve transit.This redistribution of the highest densities along the Fischer Hallman Corridor is consistent with the vision contained within the Rosenberg Secondary Plan. The Plan does not establish building heights in these areas, as these are intended to be regulated in the zoning by- 2 - 5 law. In this regard,the building heights will be regulated in the proposed zoning by-law in order to implement the recommendations contained in the Heritage Impact Assessment,as well as extensive shadow analysis submitted in support of the Official Plan and ZoningBylaw Amendment applications.These regulations will help mitigate any impact of the denser built forms along the corridor on the nearby heritage resources by staggering the heights away from the heritage resources. As further discussed in the Planning Analysis section, staff isof the opinion that the proposed Official Plan Amendment is consistent with the objectives of the Provincial Policy Statement, 2020 and conforms to Policies of APlace to Grow, Growth Plan for the Greater Golden Horseshoe2020,both of which promote the creation of livable, sustainable and complete communities through efficient development patterns, thatsupport transit useand that offer a variety of housing options. The proposalcomplies with policies of the Regional Official Plan policies for this area. Proposed Zoning By-law Amendment: The subject lands were comprehensively rezoned in 2015to implement the Williamsburg South Subdivision. As a result of the proposed subdivision modification,the Applicantrequires several changes to the zoning to implement the modified plan. Additionally, further amendmentswere requested by the Applicantin orderto incorporate more contemporary regulations across the balance of the subdivisionthat affect streetscape design, garage widths, landscape boulevards, fences, and porches, front yards and parking similar to the those incorporated into the Wallaceton Subdivision farther to the southalong the east side of Fischer Hallman Road south of Huron Road. Details of the zoning bylaw amendmentare included in the proposed Zoning By-law and Maps 1and 2 focus the greatest residential densities, which include the Mixed Use One and Residential 9 blocks along Fischer Hallman Road,which will support transit usage and other forms of active transportation. Residential Four and Residential Six zones, which permitlow-rise, low-density forms of housing will be applied to all other residential lands. All residential zones contain some mix of the Site-SpecificRegulations, as shown on Maps1and 2attached to the proposed By- efficiencies to help achieve better design through enhanced architectural articulation, support a compact urban form, and a lively and attractive streetscape. In addition, a series of Site Specific Regulations will also be applied to the lands immediately adjacent and surrounding the Henhoeffer Heritage House in order to regulate the heights that will be permitted on these lands so asto maintain views and to minimize any impacts to the heritage resource as recommended in the Heritage Impact Assessment (HIA) submitted in support of the development applications. The HIA also included extensive shadow and vibration studies that supporteddevelopment at the recommended heights on the lands surrounding the heritage resource.The proposed heights will direct the taller buildings toward Fischer Hallman Road and provide for transitions to lower heights as one moves closer to the heritage resource 2 - 6 at the Henhoeffer house and the schoolhousealong Bleams Road. This will achieve two objectives of intensifying the Mixed-Use Corridor,while minimizing impacts and protecting viewsheds to the heritage resources within the planthrough appropriate maximum height permissions surrounding the resources. The Henhoeffer House isalsoproposed tobe adaptively reused aspart of the subdivision. Special Use Provision 418 U will regulate the uses permitted within the existing building which will be located with lands that are zoned Open Space.These uses are not typically permitted in an Open Space zonebut proposed to support conservation of this heritage resource. The proposednewspecial regulations 757R to 763R regulate the building heights surrounding the Henhoeffer House in order to mitigate impacts andare intended to implement the revised HIA addendum of 2020. 418U-Site SpecificUse Provision This regulation will permit the following uses for the Henhoeffer Farm homestead building as options for the future adaptive reuse thereof and which are currently not permitted in a P2 zone including: Residential, studio, personal service, office, academic instruction, craftsman shop, restaurant, museum, art gallery, health office, tourist home, day care facility, and, educational establishment. This regulation also stipulates a maximum FSR of 1.0andrequires an HIA for any additions; driveways,parking or landscape areas which are to be in accordance with the HIA. 765R This regulation will be applied to all R6 lands and shall regulate porches, stairs within the front yard/side yard, location of driveway accesses on corner lots from an intersection. The regulation will be applied to Single Detached and Semi-Detached as well as Town House dwellings within an R-6 zone and shallalsoregulate lot width, front yard setbacks, minimum side yards abutting a street,location of off street parking, side yard setbacks, setbacks from a P1 or P2 zone, minimum rear yard setback, width of garage facades, minimum contiguous landscaped strip areasin front yards, location of fences. 2 - 7 These regulations are intended to create a lively streetscape that would encourage front porch living with porches located closer to the street while also responding to new trends in subdivision design where the focus will be on creating attractive and usable streetscapes with appropriate parking in the area as well as sufficient landscaping along the frontages. It is intended that these regulations be applied across the entire subdivision.Similar regulations have been applied in the Mattamy andWallaceton subdivisions located in Rosenberg and Huron Village Planning communitiesrespectively. 766 R This regulation will be applied to only two properties that are zoned Residential Four (R-4) that are located on the western boundary of the subject property with the adjacent plan 30T-08206 to the west.In a similar manner to the regulation 765R noted above, this regulation will regulate porches, stairs within the front yard/side yard, lot widths, front, rear and side yard setbacks, and the location of driveway accesses on corner lots from an intersection. The regulation will be applied to Single Detached and Semi-Detached usesin an R-4 zoneand reflect the already existing site-specific regulations applied to the lands to the west in the adjacent plan of subdivision. This will enable the zoning to be consistently applied through that plan when these two small areas identified as area Blocks 1 and 12, Stage 7 will be merged with the adjacent lands. Proposed Modifications To Draft Approved Plan Of Subdivision: Max Becker Enterprisesis proposing to modify the draft approved Plan of Subdivision 30T- 09201through the introduction of 9 new municipal streets which replaces the original concept of large block condominium residential enclaves with private roads with a more traditional mix of housing forms rather than a design focused onsupporting an adult lifestyle community. As previously discussed in the context of the Official Plan and Zoning By-law Amendments,the resulting slightly lower densities within the interior ofsubdivision,will be offset by the increase in densitiesalong the Fischer Hallman corridor through the provision of more High Density lands at the southwest corner of FH Road and Bleams,as well as the increase in Mixed Use on lands fronting onto Fischer Hallman Road.Staff isof the opinion that the proposed street layout and lotting is appropriate for the development of the landsas it creates a more walkable and transit supportive community. In addition, the plan is further modified by the re-configuration andredistribution of park space without any loss of overall parkland throughout the plan. The Applicanthas proposed a strong linear park and trail system and the changes aretied to the introduction of additional streetsin a modified grid pattern,which as indicated above,provides strong connectivity through the subdivision and to adjacent lands. Staff acceptsthe proposed modifications to the draft approved plan. Additionally, the grading and engineering plans have been further refined and this resulted in adjustments tothe boundaries of stormwater management facilities and open space areas, which in turn,led to adjustments to the land use designations to more accurately reflect these refinements. 2 - 8 The conditions of draft approval are provi which have been revised and/or new conditionsthat may have been added. All modifications are denoted through bold fontfor ease of reference. Most of the modified conditions require changes for administrative reasons reflecting the followingmatters: approved street names, updated staff titlesor approval agencies, revised dates, changes to staging and lot/block numbering, updates due to technicalandprocedural mattersandupdates to wording for clarity. Some conditions were removed,as they have been superseded or have become redundant. Also,a few new conditions were added to facilitate further requirements for the final subdivision approval and registration.The nature of the modifications issummarized below: Nochanges were made to Stage 1with this modification,as this stage was recently modified through an earlier modification intendedto include all infrastructure,land and roads required to serve and access the future library site,soas to facilitate the timing of this important cityproject and to separate itfrom other matters related to the balance of the plan. The effect of the proposed Stage 1 wasto facilitate the future construction of a portion of the Middle Strasburg Trunk Sanitary Sewer and to provide services to the first stage of development of this plan. This modification was approved by staff, as this approval authority has been delegated to staff. Conditions of Approval: The following conditions of approval were modified to reflect new numbering, stages, street names, titles of authorities, agencies or departments: 1.0, 2.1, 2.16 ,2.17, 2.17, 2.19, 2.20, 2.21, 2.22, 2.24 ,2.26, 2.27, 2.28, 2.29, 2.30, 2.31, 3.23, 3.28, 3.29, 3.30, 4.18, 6.16, 6.17, 6.18, 6.19, 6.22, 6.23, 6.24, 6.25, 6.29, 6.30, and 6.31. The following were new conditionsadded as Conditions of Approval: 2.23-requires the Henhoeffer house to be maintained in a good and sound condition in the interim. 3.24-requires sanitary design for the MSTSS 4.18-same as condition 2.23 above 4.20-requires an easement for zero lot line development and was requested by the applicant 4.21-requires a priority lotting plan to identify all corner lots, terminating vista or view lots, gateway lots, heritage lots and further to require these lots to have approved elevation drawings 6.11-same as 4.21 above 6.35-requires that new owners of properties containing a retaining wall be advised that they are responsible for the maintenance of their portion of the retaining wall on their properties 2 - 9 Conditions Prior to RegistrationSection 2.2: The following conditions of approval were modified to reflect new numbering, stages, street names, titles of authorities, agencies or departments: 8, 10, 15, 16, 21,22,23,24,25, 26,27, 29, 30, 31, 32,33, 34, and 35. The following Registration conditions were newly addedto Section 2.2: 17-requiring adherence to Heritage Design Guidelines for the Henhoeffer House 19-requires the completion of a water balance report and adherence thereto 37-requires an easement over the open space lands containing the Henhoeffer House for public access 38-requires the merging of Blocks 1 and 12 with adjacent lands to the west in plan 30T-08206 Regional ConditionsSection 3.0: The following Regional conditions of approval were modified to reflect new numbering, stages, street names, titles of authorities, agencies or departments: 5e), 7e), h), k) ,15, 16, 19, 21,22 and 26 The following Regional conditions of approval are newly addedto Section 3.0: 17-requires that roads on transit routes be designed to accommodate transit use 23-requires a traffic impact study be done 25-requires an Archaeological Stage 4 Assessment be completed Planning Analysis Provincial and Regional Policy Conformity Provincial Policy Statement, 2020 The 2020 Provincial Policy Statement (PPS) was issued by the Province of Ontario and came in effect on May 1, 2020. The PPS provides policy direction on matters of Provincial interest related to land use planning and development and applies to all decisions in respect of the exercise of any authority that affects a planning matter made on or after May 1, 2020. Section 3 of the PPS requires that decisions affecting p The PPS provides a vision for land use planning in Ontario that encourages the efficient use of land, resources and public investment in infrastructure. A greater mix and supply of residential land uses is encouraged to provide choice and diversity. Central to these policies are the principles of the provision of avariety of transportation modes to facilitate pedestrian movement with less reliance on the automobile,while encouraging the use of public transit resulting in more sustainable, livable and healthy communities. The PPS encourages development that will provide for long-term prosperity, environmental health and social well-being. One key change of 2 - 10 the 2020 PPS is the stock.New housing options such as multiplexes, additional residential units, tiny homes and multi-residential building are encouraged within established residential areas in order to provide for a range of housing types. Thisplan provides for a variety of housing optionsin keeping with this objective. The proposed modification of the Draft ApprovedPlan of Subdivision, Official Plan and Zoning By-law Amendment applications represent an opportunity to further refine and support development that has been designed as atransit oriented community that is walkable and meets Regional and Provincial objectives by accommodating a mix of housing types and densities, protecting approximately one third of the plan for natural heritage / open space systems, as well as a cultural heritage resource. The proposal makes efficient use of the land through intensive development and densities, thus maximizing the infrastructure required to service this area. The plan provides for a range of residential housing types and densities that are inclose proximity to parksand open spaces. The plan also protects a cultural heritage resource through appropriate zoning surrounding the use and suitable uses for its eventual adaptive reuse. For these reasons, the proposed draft Plan of Subdivisionmodification,Official Plan and Zoning By-law Amendment applications are consistent with the 2020PPSas this forms a complete community. Growth Plan The Minister of Municipal Affairs and Housing issued a new Growth Plan for the Greater Golden Horseshoe (the Growth Plan), effective on May 16, 2019 and further revised on August 28, 2020. The Growth Plan, 2020represents the long- for building strong, prosperous communities and managing growth within the Greater Golden Horseshoe. The subject lands are identified as being located within the DelineatedGreenfieldArea of the City of Kitchener. All land use planning decisions made by any authority that affects a planning matter must conform to the Growth Plan. The Growth Plan is guided by the principles of supporting the achievement of complete communities; intensification and higher densities to make efficient use of land and infrastructure and that support transit viability; capitalizing on new economic and employment opportunities while providing certainty for traditional industries; supporting a range and mix of housing options; improving the integration of land use planning with investment in infrastructure and public service facilities; managing growth; conserving and promoting cultural heritage; protecting and enhancing natural heritage and agriculture; and integrating climate change considerations into planning and managing growth. The modified draft approved Plan of Subdivision, together with the Official Plan andZoning By- law Amendmentapplications represent abetterandcomplete community that accommodates a mix of housing types and densities, is transit supportive, and is in close proximity to parks, open spaces andalibrary. The subdivision also provides for mixed use along the Fischer Hallman corridor,as well as Rosenberg Way,at densities that support transit usageand therefore, provides opportunities for residents to acquire services or goods within their own complete neighbourhood. For these reasons, the proposed draft Plan of SubdivisionOfficial Planand Zoning By-law Amendment applicationsare consistent with the Growth Plan. 2 - 11 Regional Official Plan The subject lands are also designated Urban Designated Greenfield Area in the Regional Official Plan (ROP). The ROP provides policy direction on managing growth. The ROP encourages the creation of compact, vibrant and complete communities that are walkable and provide a good mix of employment, housing, shopping and service needs. The ROP requires a minimum density of 55 people and jobs per hectare measured over the entire Greenfield area. The proposed development plans to achieve a minimum of 58-70people and jobs per hectare. The proposed applications are consistent with the goals and objectives of the Rosenberg Secondary plan concerning complete communities and the provision of a variety of housing options. The proposal makesmore efficient use of the land, maximizes use of infrastructure, provides for a range of residential housing types, provides appropriate densities and will bein close proximity toparks, open spaces,and a library. For these reasons, the proposed modifications to the draftapproved Plan of Subdivision together with the Official Plan and Zoning By-law Amendment applications are consistent with the ROP. Municipal Policy Considerations City of Kitchener Official Plan Mostof the subject lands are identified as Community and Green Areason the Urban Structure Map 2 of the Kitchener Official Plan(OP), while the Fischer Hallman Mixed Used Corridor has been identified as an Urban Corridorwith a Community Node at the intersection of Fischer Hallman Road and Huron Road. Section 3.C.2.50. of the OP states the planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Limited intensification may be permitted within Community Areas in accordance with the applicable land use designation on Map 3 and the Urban Design policies in Section 11. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. Section 3.C.2.37states thatUrban Corridors are generally linear in form and are located along existing or planned transit corridors. They are intended to have strong pedestrian linkages and be integrated with neighbouring residential and employment uses. 3.C.2.38. The planned function of Urban Corridors is to provide for a range of retail and commercial uses and intensification opportunities that should be transit supportive. Urban Corridors function as the spine of a community as well as a destination for surrounding neighbourhoods. Strengthening linkages and establishing compatible interfaces between the Urban Corridors and surrounding Community Areas and Industrial Employment areas are priorities for development in these areas. 3.C.2.39. Fischer Hallman Road is the urban corridor within this community and acts as the spine of the community and has been designed to be transit supportive with appropriate densities along the corridor. 2 - 12 City of Kitchener Official Plan (Rosenberg Secondary Plan) The detailed land use policies for the subject lands are described in the Rosenberg Secondary Plan.The Rosenberg Secondary Plan is based on the Mixed-Use Node and Corridor model, which is the direction provided in the Official Plan to achieve increased transit ridership. The subject lands are designated Low Density Residential One, Low Density Residential Two, Medium Density Residential One, High Density Residential, Mixed Use One, Neighbourhood Park, Open Space and Natural Heritage Conservation in the Rosenberg Secondary Plan. The proposed development plans to achieve a minimum of 58-70people and jobs per hectare. The Rosenberg Secondary Plan envisions this community to be a complete community where people can walk or cycle to school, shop, and potentially to work. Each neighbourhood within the Rosenberg community including the Williamsburg South Neighbourhood is designed around five-minuteto a central community amenity such as a school, park, urban green, library or community centreand is connected to the surrounding area. Fischer Hallman Road will continue to function as the spine of the community and will evolve into a transit supportive mixed-use corridoras a result of the proposed density increases along this corridor. Future residents inthe Williamsburg South subdivision within theRosenbergcommunitywill haveaccess toa variety of housing, transportation, commercial, recreation and socio-cultural options. The design of the community reflects a high level of natural and cultural heritage conservation together with best practices for water management and energy conservation.The proposed plan of subdivision is generally consistent with the policies set out in the Rosenberg Secondary Plan. City of Kitchener Growth Management Plan The Kitchener Growth Management Plan (KGMP) helps to ensure that growth is managed effectively,and that the City achieves the required density and intensification targets, while accomplishing the desired built form and function which will enhance quality of life. The KGMP is based on the principle that maximizing the use of existing infrastructure is preferred and that planning for and implementing intensification is also a high priority. The proposed modified draft approvedPlan of Subdivision together with the Official Plan and Zoning By-law Amendment applications makebetteruse of existing as well as new infrastructure resulting from the proposed densities for this community. The lands have been identified as a Priority B area within the KGMP, which identifies that new infrastructure work is required to service these lands as indicated in the servicing section of this report. The timing of these applications has occurred after the area has been comprehensively planned. For these reasons, the proposed applicationscomply with the KGMP. Built Form Objectives The Rosenberg Secondary Plan together with the Design for New Neighbourhoods of the Urban Design Manual encourages a variety of built form typologies in order to frame intersections and define entrances to a neighbourhood or community gateway. Built form typologies are intended to address the street in a manner that supports an attractive streetscape for thepedestrians by orienting primary entrances towards the public realm (street) as opposed to internal to the site. In addition, the ground floor of mixed used buildings areencouraged to contain active uses in 2 - 13 Commercial or Mixed Use areas. Along Fischer Hallman Road, multiple storey buildings are intended to address the street with regard for the overall impact that a development has on the streetscape. Building articulation and subtle variations in height will contribute to maintaining a pedestrian friendly scale, thus promoting walkability. Lands along the Fischer Hallmancorridor are required to achieve human scale buildings through their design, siting and orientation on the site in a manner that distributes heights and massing. The building heights and massing shall transition between the higher intensity areas along Fischer Hallman Road to the surrounding lower intensity uses in the residential areas to the west. The proposed modifications haveproposed some adjustments in the densities throughout the plan,which will introduce a greater area for lower rise residential built forms such as single detached, semi-detached and townhousesandmay lower the built form heights across the plan,but hasappropriately maintainedand increased the densities and heights along the Mixed Use areas and the Fischer Hallman Corridor. Although different from the original vision, the overall objective of transitioning the built form from higher densities at the spine along Fischer Hallman Road to lower densities the farther westward one travels has been achieved. The Mainstreetarea has also been increased with the objective of providing pedestrian scale development along Rosenberg Way at Fischer Hallman. Streetscape Objectives The primary function of the Fischer Hallman Road corridor within the Rosenberg Community for streetscape is as a central spine and focal point for commercial activity, higher densities and transit supportive mixed-use development. Its secondary function is as an Arterial Road designed to provide efficient pedestrian, bicycle, transit and vehicular movement throughout the transportation network. Astreetscape plan was developed as part of the Rosenberg Secondary Plan which identified specific character areas along the corridor.For the most part,the design guidelines of the streetscape plan have been adhered to. Staff indicated some concern over the potential to achieve the desired densitiesgiven the depth of the lots shownalong certainportions of the corridor including at a point in proximity to Rosenberg Way,as this is a secondary gateway to the community and was the primary area for the pedestrian scaled mix use development. The applicant submitted a planning justification report that included a neighbourhood demonstration plan with mid-rise development along Fischer Hallman in a four storey walk up apartment style built form,which would help achieve the objectives of the mixed use area as being pedestrian scaled and transit supportive. The proposed modification achieves this latter objective through the increase in densitiesalong the Fischer Hallman Corridor with the increased densitiespredominantly located at the north end of the plan, immediatelysouth of Bleams Road. Transportation Policies and Objectives The Rosenberg Community is intended to be a transit supportive community that provides for a land use pattern and transportation system that over time can achieve a modal travel split that 2 - 14 has 25% of trips via transit. The Region of Waterloo has set this as a target for this compact urban street form despite its suburban context in order to provide a future I-Xpress level of transit service in the Rosenberg community. The densities and land uses shall be facing the street with active uses at the street level thus encouraging pedestrian use and walkability. To further encourage transit usage, Transportation Demand Measures (TDM) will form part of the consideration of development applications in this area. The proposed modificationcontinues to achieve this desired transportation modal split through densities of 58 to 70 persons and jobs/hectare. Also, as previously discussed,the majority of the density is proposed along the Fischer Hallman Corridor. The community has been designed to be walkable through the introduction of nine new streets in a modified grid pattern. The new streets provide more connectivity and create shorter blocks which promotewalkability and transit usage. The Cjection to the proposed development. Servicing The subject lands require the completion of the Fischer Hallman Culvert and the extension of the Middle Strasburg Trunk Sanitary Sewer. Both infrastructure works have commenced and will be completed to service these lands,as well as others to the west within the entire Rosenberg community. Parks The proposed subdivision contains a series of more compact parks and trails throughout the plan to provide for a connected open space/ trail corridor from Fischer Hallman Road along the hydro corridor, connectionsto the Williamsburg Cemetery and to adjacent plans and multi-use pathways. Central to the plan is the new south west library facility,which will besituated on a park block within walking distance of the Mainstreet and the school and community centre blocks on the adjacent plan to the west.This library facility provides a broader community service not only for this subdivision,but rather for the entire southwest Kitchener area. While a portion of the park block is comprised of the new library site, the balance of the site will function as an additional urban scaled green space. This differs from other parks of a more suburban scale with larger programmable spaces or fields for active play. The broader community needs for library services were balanced with theneighbourhood needsfor parkland and in this plan, the broader parkland needs are also achieved through the nearby Schlegel Park to the south of the Rosenberg Community along Huron Road. Active uses within this plan are focused around trails andmulti-use pathways and a greenway system. Although the parkland has been redistributed to form a stronger linear park and trail system as opposed to larger parks, it is important to note, that the overall parkland dedication has remained unchanged from 2015 at 2.33 hectares, while the Open Space lands have increased slightly from 19.88 ha to 20.11ha. Heritage The plan contains the Henhoeffer Farms heritage house which will be conserved and adaptively reused with appropriately scale uses. The applicant submitted an addendum to the Heritage 2 - 15 Impact Assessment that included detailed shadow and vibration analysis. The HIAentitled Henhoeffer Farm House Williamsburg School House Heritage Impact Assessment Williamsburg South Community Bleams dated March 2009, revised November 2013 and amended June 2020 and prepared by Anderson Wellsman Architects Incorporatedwas reviewed by staff and it recommended maximum building heights in proximity to the heritage feature on this site, as well as the old schoolhouse property at Bleams Road off site,in order to protect viewsheds to these cultural heritage resources. These recommended height maximums have been incorporated into the site-specific Zoning By- law regulations in order to protect viewsheds to and from the feature and to minimize any negative impacts. TheHIA addendum reportwas on the agenda ofHeritage Kitchener on September 1, 2020. Heritage Kitchener was pleasedwith the extensive shadow impactanalysisand detailed vibration analysis and supported the recommendations for the staggering of heights in order to protect the viewsheds.As mentioned in the report, the lands are appropriately zoned to protect viewsheds and heights around the resource have been staggered and incorporated into the zoning by-law. Onemember of Heritage Kitchener expressed an initial concernwhether there would be any public access to the resource as it is situatedon privately owned open space lands.In response to this concern, public access to the resources will be maintained through a public easement in favour of the City that will be placed over these lands.As part of the finalization of the plan of subdivision, the Henhoeffer House will have a conservation plan and will eventually be designated under the Heritage Act.The HIA must also receive final approval from the Director of Planning.(See Department and Agency comments in Appendix D) Community Feedback As part of the circulation, one comment was received from a resident in the area. The resident wanted to ensure that existing drainage issues on his property would not be exacerbated through grading and drainage of this site. This concern was forwarded to the applicant and their consultant team and has been taken into consideration as part of the grading and design of the plan so as not to have any negative impacts to this property. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the C through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications. COMMUNITY ENGAGEMENT: INFORM-This reportincludingthe attached Official Plan and Zoning By-law Amendments together with the Modification to the Plan of Subdivision originally approved in 2015,has been Council / Committee meeting. 2 - 16 Property owners within 120 metres of the subject lands were circulated notice of the application in July of 2020 and a sign was placed on the subject lands. There was 1 comment received from the public as a result of the EIn accordance with Council Policy,a NIM was not required. The concern raised regarding drainage will be addressed through detailed design details.This report will be the agenda in advance of the Council / Committee meeting.Also, a notice was advertised in the th Record on November 13F CONCLUSIONS: Provincial, Regional, and City planning policiesprovide guidance that must be considered when evaluating changes in land use permissions. Planning staff is of the opinion that proposed modification to the draft approved plan together with the implementing Official Plan and Zoning By-law Amendments areappropriate for these landsand will not have adverse impacts on the community,as it brings the plan into closer conformity with the objectives of the Rosenberg Secondary Plan. These lands are situated in the greenfieldareaunder the new definition by the PPS 2020 and arewithin the RosenbergCommunity that was broadly planned for as a complete community with a variety and mix of housing types. Municipal servicing is being extended and made available to service the site and density under consideration, and it has been determined that the Williamsburg South communityhas been designed to provide densities that are appropriate to support transit useand make better usage of infrastructure. Planning staff is of the opinion that the proposed modification of the Draft Approved Plan of Subdivisiontogether with the Official Plan and Zoning By-law Amendment applicationsarein the public interest and strive to balance various interestsboth local and community wide, includingthe multi-level legislative planning framework, the planned function of the community established community. Planning staff is of the opinion that the proposed developmentswould offera diversevariety ofhousing typeswithin the Rosenberg Community thatare compatible for this communityand supports transit usage making this a complete community. Based on this analysis, Planning staff is recommending approval of the application. REVIEWED BY: Janine Oosterveld, Manager of Site Development and Customer Service ACKNOWLEDGED BY: Justin Readman -General Manager, Development Services Attachments: Appendix A Official Plan Amendment with Map 22e Appendix B Proposed Zoning By-law including Maps No. 1and 2 Appendix C -Draft Approval Conditionsand modified Plan of Subdivision Appendix DDepartment and Agency Comments Appendix ECommunity Comments Appendix FNewspaper Notice 2 - 17 DSD-20-179 Appendix A AMENDMENT NO. ___TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1255-1291 Fischer Hallman Road 2 - 18 DSD-20-179 Appendix A AMENDMENT NO.___TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1255-1291 Fischer Hallman Road INDEX SECTION 1TITLE AND COMPONENTS SECTION 2PURPOSE OF THE AMENDMENT SECTION 3BASIS OF THE AMENDMENT SECTION 4THE AMENDMENT AMENDMENT TO MAP 22e ROSENBERG SECONDARY PLAN LAND USE PLAN APPENDICES APPENDIX 1Notice of the Meeting of Planning &Strategic Initiatives th Committee of December 7, 2020 APPENDIX 2Minutes of the Meeting of Planning &Strategic Initiatives th CommitteeDecember 7, 2020 th APPENDIX 3Minutes of the Meeting of City Council December 14, 2020 2 - 19 DSD-20-179 Appendix A AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No.___ ofthe Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is toupdate the land use designations within draft plan 30T-09201 owned by Max becker Enterprises II located within the Rosenberg Planning community in order to implement modifications to the draft plan. This will provide for more intensive land uses along the Fischer Hallman Corridor with the redistribution of higher density lands alongthe corridor and parkland throughout the plan. Central to the plan,the land use will be re-designated to a slightly lowerresidential density, which will continue to provide a transition of land uses from higher to lower densities and will provide fora variety of housing options. A Special Policy will also be introduced to limit the usespermittedfor an adaptive reuse of a heritage resource that will be conserved in this plan. SECTION 3 BASIS OF THE AMENDMENT The Max Becker Enterprises Subdivision (30T-09201 and previously referred to as the Big Springs Farms) Is situated in the Rosenberg Planning community, which was comprehensively planned and was originally draft approved by the Ontario Municipal Board, together with implementing zoning by-law regulations and Official Plan designations in 2015. The subdivision is comprised of a mix of residential dwelling types including low, medium, and higher density forms of housing, mixed-use blocks, stormwater management pond, unique park spaces, and the integration of one heritage features known as the Henhoeffer Farm House at 1291Fischer HallmanRoad, specifically on Block 1, Stage 5of Draft Plan of Subdivision 30T-09201, as modified. Originally,the plan of subdivision was envisioned as an adult lifestyle community, with individual enclaves where adults could age in place and transition to other forms of housing as needed. This design has now been replaced with a more traditional subdivision design for persons of all ages and diversities. The plan initiallyconsisted of larger Blocks that would be serviced by privately owned streets within plans of condominiums( similar to a gated community)and now the revised subdivision includes the introduction of 9 new public streets that provide for better walkability and connectivity throughout the plan and the community at large. Since 2015, subdivision design, zoning and residential market preferences have evolved and the Subdivider is proposing modifications to the plan, together with more contemporary zoning regulations which result in improved design flexibility and land efficiencies. The changes being sought for the land use designations of the Official Plan reflect a slight lowering of the densities in from Medium DensityResidentialTwoto Low Density Residential Twoland useswhile increasing the amount of high density residential and 3 2 - 20 DSD-20-179 Appendix A mixed-use lands. The overall densities of the plan are anticipated to achieve between 58 and 70 persons and jobs/hectare which exceeds Regional and Provincial objectives. The Subdivider is proposing changes to the plan of subdivision that would introduce 9 new municipal streets; increase the mixed use lands at the intersection of Fischer HallmanRoad the area for higher density residential uses along Fischer Hallman Road,both of which will help support transit usage; redistribute the park spaces throughout the plan to create a more cohesive linear park and trail corridor system across the plan and to preserve the Henhoeffer Farmstead through an appropriate adaptive re-use and programming around the building necessitating the implementation of aSpecialPolicywhich will apply to the HenhoefferHeritage house. The Special Policy will permit uses not currentlypermitted within an Open Space Zoneand will restrictthese uses to only be used for the adaptive reuseof the currently existing building and will not permit these uses at large. The uses include: Residential Dwelling, Artisan Establishment, Studio, Personal Service, Office, Academic Instruction,Craftsman Shop, Restaurant,Museum, Art Gallery,Health Office,Tourist Home/Bed and Breakfast, Day Care Facility, and Educational Establishmentall in accordance with Section 6 of the By-law 85-1 or any successor thereof. The Subdivider is proposing to modify the Draft Plan to reflect refinements in the subdivision design, accommodate changes to the street network, as well as the lot and block configurations resulting from the introduction of these streets in order to allow mixed use ,while locating lower density development in the surrounding areas of the plan. Additionally, the higher densities along the Fischer Hallmancorridor will also have greaterheight permissions,which implement the Heritage Impact Assessment and Shadow Study recommendations. These height permissionswill be regulated in the amending Zoning By-law. An Official Plan Amendment is required to implementthe proposed modifications to the draft plan of subdivision. The amendment as proposed herein is consistent with the objectives of the Provincial Policy Statement2020and the Policies of the Growth Plan for the Greater Golden Horseshoe2020. The Official Plan Amendment conforms to the Regional Official Plan. Staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved. 4 2 - 21 DSD-20-179 Appendix A SECTION 4 THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: a) Part 5Schedules/Maps/Appendices is amended by revising Map 22e Rosenberg Secondary Plan Land Use Plan as shown in the area of amendment in the attached A b) Part 5, Schedules/Maps/Appendices is amended by revising Map 22e Rosenberg Secondary Plan Land Use Plan to add Special Policy Area 5 as shown in the area of c) Part 3, Section 13.10.3.6is amended by adding Policy 13.10.3.6.5.as follows: 5. Special Policy Area 5 1.The existing heritage property at1291 Fischer Hallman Road within the Open Space designation may be adaptively reused for the following uses: i. Residential, restaurant, museum, art gallery, personal service, health office, craftsman shop, tourist house, day care facility, o establishment, studio and/or educational establishment. 5 2 - 22 DSD-20-179 Appendix A APPENDIX F: Notice of the Planning & Strategic Initiatives Committee Meeting (December 7, 2020) PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSEDMODIFICATION TO A DRAFT APPROVED PLAN OF SUBDIVISON,OFFICIAL PLAN AMENDMENT & AMENDMENT TO THE KITCHENER ZONING BY-LAW UNDER THE SECTIONS 17, 22,34and 51(44)OF THE PLANNING ACT 1255-1291 Fischer Hallman Road Max Becker Enterprises is proposing to modify an approved Draft Plan of Subdivision together with Official Plan and Zoning By-law Amendments for the lands located withinthe Rosenberg Secondary Planning Community to reflect refinement in the design foraplan of subdivision containing a range of residential, parks, and open space uses. Site specific zoning regulations will also apply to the subject lands. In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronic public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Monday, December 7, 2020 at 7:00 p.m. (live-stream video available at kitchener.ca/watchnow) If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted proposal you may register as a delegation at kitchener.ca/delegationsor by contacting Legislated Services at th 519-741-2200 ext. 2203 by no later than 4:00 p.m. on November 16, 2020. A confirmation email and instructions for participating in the meeting electronically with be provided once your registration is received. If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATIONis available by contacting the staff person noted below or by viewing the report contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the Calendar of Events and select the appropriate committee). Juliane vonWesterholt, Senior Planner -519-741-2200 ext. 7157 (TTY: 1-866-969-9994); juliane.vonwesterholt@kitchener.ca 6 2 - 23 DSD-20-179 Appendix A APPENDIX 3-Minutes of the Meeting of City Council ( December 14, 2020) 7 2 - 24 DSD-20-179 Appendix A UG CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 22 e ROSENBERG SECONDARY LAND USE PLAN D R S M A E L B Low Density Residential One Low Density Residential Two Medium Density Residential One Area 1 Area 3 Medium Density Residential Two High Density Residential Mixed Use One Area 4 Mixed Use Two Area 5 3 Neighbourhood Institutional Area 2 Neighbourhood Park Area 3 Area Open Space 5 Area 4 Natural Heritage Area Area 1 Hydro Corridor Special Policy Area 17 Area 19 Area 5 Secondary Plan Boundary Neighbourhood Park Area 1 NP Area 2 Area 6 Community Centre/ Subdivision Plan Boundary Library CC/L Area 9 Area 1 - From Open Space Area 12 To Low Density Residential Two Area 2 - From Medium Density Residential Two To Low Density Residential Two Area 8 CC/L Area 3 - From Open Space NP To High Density Residential RO SEN BER G WA Y Area 4 - From High Density Residential To Open Space Area 5 - From Medium Density Residential Two To Open Space Area 16 Area 14 Area 6 - From Medium Density Residential Two To Mixed Use One Area 11Area 6 Area 7 - From Medium Density Residential One To Mixed Use One Area 8 - From Mixed Use One To Low Density Residential Two FORESTST WALK Area 9 - From Medium Density Residential One To Low Density Residential Two Area 11 Area 10 - From Low Density Residential Two Area 14 To Neighbourhood Park Area 11 - From Low Density Residential One Area 16 Area 15 To Low Density Residential Two Area 15 Area 12 - From Neighbourhood Park Area 11 To Low Density Residential Two Area 13 - From Medium Density Residential One Area 18 To Neighbourhood Park Area 15 Area 14 - From Low Density Residential One To Neighbourhood Park Area 15 - From Low Density Residential One To Natural Heritage Area 16 - From Low Density Residential One To Open Space Area 17 - From Open Space To Mixed Use One Area 18 - From Natural Heritage 3 To Neighbourhood Park Area 19 - To Add Special Policy 5 OFFICIAL PLAN AMENDMENT OPA20/003/F/JVW METRES SCHEDULE A 050100 PLAN OF SUBDIVISION 30T-09201 ZONING BY-LAW AMENDMENT ZBA20/009/F/JVW SCALE 1:6,000 MAX BECKER ENTERPRISES (II) FILE: City of Kitchener OPA20003FJVW LIMITED .mxd DATE: OCTOBER 28, 2020 DEVELOPMENT SERVICES DEPARTMENT, PLANNING 2 - 25 DSD-20-179 Appendix B PROPOSED BY-LAW BY-LAW NO. _____ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Zoning By-law No. 85-1, as amended, known as the Zoning By-law of the City of Kitchener Max Becker Enterprises(II) Limited 1255-1291 Fischer Hallman Road) WHEREASit is deemed expedient to amend Zoning 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 Numbers64,94and 95-law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, attached hereto, fromResidential Six Zone (R-6)to Residential Six Zone (R-6) with Special Regulation Provision 765R. 2.Schedule Numbers64 and -law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2on Map No. 1, attached hereto, fromResidential Eight Zone (R-8) to Residential Six Zone (R-6) with Special Regulation Provisions 759R and 765R. 3.Schedule Numbers 93 and94-law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area3on Map No. 1, attached hereto, fromResidential Nine Zone(R-9)with Special Regulation Provision 652R to Residential Nine Zone(R- 9)with Special Regulation Provision 760R. 4.Schedule Numbers 93 and94-law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area4on Map No. 1, attached hereto, fromResidential Nine 2 - 26 DSD-20-179 Appendix B Zone(R-9)with Special Regulation Provision 652Rto Residential Nine Zone (R- 9) with Special Regulation Provision 761R. 5.Schedule Numbers 93 and94-law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area5on Map No. 1, attached hereto, fromResidential Nine Zone (R-9) with Special Regulation Provision 652R to Residential Nine Zone (R- 9) with Special Regulation Provision 762R. 6.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area6on Map No. 1, attached hereto, fromResidential Nine Zone (R-9) with Special Regulation Provision 652R to Residential Nine Zone (R-9) with Special Regulation Provision 763R. 7.Schedule Numbers 94and 95-law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area7on Map No. 1, attached hereto, fromResidential Six Zone (R-6)to Public Park Zone (P-1). 8.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area8on Map No. 1, attached hereto, fromResidential Eight Zone (R-8) to Residential Six Zone(R-6) with Special Regulation Provision 765R. 9.Schedule Number94 By-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area9on Map No. 1, attached hereto, fromResidential Eight Zone (R-8) to Low Intensity Mixed Use CorridorZone (MU-1). 10.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area10on Map No. 1, attached hereto, fromPublic Park Zone (P- 1) to Residential Six Zone(R-6) with Special Regulation Provision 765R. 11.-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 11on Map No. 1, attached hereto, from Low Intensity Mixed UseCorridor Zone (MU-1) to Residential Six Zone (R-6) with Special Regulation Provision 765R. 2 - 27 DSD-20-179 Appendix B 12.Schedule Number 95-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 12on Map No. 1, attached hereto, from Residential Four Zone (R-4) to Residential Six Zone (R-6) with Special Regulation Provision 766R. 13.Schedule Number 95-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area13on Map No. 1, attached hereto, fromResidential Four Zone (R-4) to Residential Six Zone with Special Regulation Provision 765R. 14.Schedule Numbers94and 95-law 85-1, as amended,are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area14on Map No. 1, attached hereto, fromResidential Six Zone(R-6) to Residential Six Zone (R-6) with Special Regulation Provision 766R. 15.Schedule Number 95 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area15on Map No. 1, attached hereto, fromPublic Park Zone (P-1) to Low Intensity Mixed Use CorridorZone(MU-1). 16.Schedule Numbers94 and 95 -law 85-1, as amended, are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 16on Map No. 1, attached hereto, from Residential Six Zone(R-6) to Low IntensityMixed Use CorridorZone (MU-1). 17.Schedule Number 95-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 17on Map No. 1, attached hereto, from Residential Six Zone (R-6) to HazardLand Zone (P-3). 18.Schedule Number 95-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 18on Map No. 1, attached hereto, from Open SpaceZone (P- 2)to Hazard Land Zone (P-3). 19.Schedule Number 95-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 19on Map No. 1,attached hereto, from Open SpaceZone (P- 2) toPublic ParkZone (P-1). 2 - 28 DSD-20-179 Appendix B 20.Schedule Numbers 94 and95-law 85-1, as amended,are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area20 on Map No. 1, attached hereto, fromResidential Six Zone (R-6) to Open SpaceZone (P-2). 21.Schedule Number 94-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area21on Map No. 1, attached hereto, fromOpen Space Zone (P- 2) to Residential Six Zone (R-6)with Special Regulation Provision 765R. 22.Schedule Number 94-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 22 on Map No. 2, attached hereto, from Residential Eight Zone (R-8) with Special Regulation Provision 654R to Residential Six Zone (R-6) with Special Regulation Provision 765R. 23.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area23on Map No.2, attached hereto, fromPublic Park Zone (P-1) to Open Space Zone (P-2) withSpecial Regulation Provision 757R andSpecial Use Provision 418U. 24.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area24on Map No.2, attached hereto, fromPublic Park Zone (P-1) with Special Regulation Provision 654R to Open Space Zone (P-2) with Special Regulation Provision 757R andSpecial Use Provision 418U. 25.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area25on Map No.2, attached hereto, fromPublic Park Zone (P-1) with Special Regulation Provisions 1Rand654R to Open Space Zone (P-2) with Special Regulation Provision 757R andSpecial Use Provision 418U. 26.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area26on Map No.2, attached hereto, fromPublic Park Zone (P-1) with Special Regulation Provision 654R to Residential Six Zone (R-6) with Special Regulation Provisions764R and 765R. 2 - 29 DSD-20-179 Appendix B 27.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area27on Map No.2, attached hereto, fromResidential Eight Zone (R-8) to Open Space Zone (P-2) with Special Regulation Provision 757R and Special Use Provision 418U. 28.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area28on Map No.2, attached hereto, fromResidential Eight Zone (R-8) with Special Regulation Provision 654R to Open Space Zone (P-2) with Special RegulationProvision 757R andSpecial Use Provision 418U. 29.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area29on Map No.2, attached hereto, fromResidential Eight Zone (R-8) with Special Regulation Provisions 1R and 654R to Open Space Zone (P-2) with Special Regulation Provision 757R andSpecial Use Provision 418U. 30.Schedule Number 94 -law 85-1, as amended, is hereby amendedby changing the zoning applicable to the parcel of land specified and illustrated as Area30on Map No.2, attached hereto, fromResidential Eight Zone (R-8) with Special Regulation Provision 654R to Open Space Zone (P-2) with Special Regulation Provision757R and Special Use Provision 418U. 31.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area31on Map No.2, attached hereto, fromResidential Eight Zone (R-8) with Special Regulation Provisions 1R and 654R to Open Space Zone (P-2) with Special Regulation Provision 757R and Special Use Provision 418U. 32.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area32on Map No.2, attached hereto, fromResidential Eight Zone (R-8) with Special Regulation Provisions 1R and 654R to Residential Six Zone (R- 6) with Special Regulation Provisions 758R and 765R. 33.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area33on Map No.2, attached hereto, fromResidential EightZone 2 - 30 DSD-20-179 Appendix B (R-8) with Special Regulation Provision 654R to Residential Six Zone (R-6) with Special Regulation Provisions 758R and 765R. 34.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area34on Map No.2, attached hereto, fromResidential Eight Zone (R-8) with Special Regulation Provisions 1R and 654R to Residential Six Zone (R- 6) with Special Regulation Provision 765R. 35.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area35on Map No.2, attached hereto, fromResidential Eight Zone (R-8) with Special Regulation Provision 653R to Residential Six Zone (R-6) with Special Regulation Provisions 764R and 765R. 36.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area36on Map No.2, attached hereto, fromPublic Park Zone (P-1) toOpen Space Zone (P-2) with Special Regulation Provision 757R and Special Use Provision 418U. 37.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area37on Map No.2, attached hereto, fromResidential Eight Zone (R-8) with Special Regulation Provision 653R to Residential Six Zone (R-6) with Special Regulation Provision 765R. 38.Schedule Number 94 -law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area38on Map No.2, attached hereto, fromResidential Eight Zone (R-8) to Open Space Zone (P-2) withSpecial Regulation Provision 757R and Special Use Provision 418U. 39.-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 39 on Map No.2, attached hereto, from Residential Eight Zone (R-8) with Special Regulation Provisions 1R and 653R to Residential Six Zone (R- 6) with Special Regulation Provisions 764R and 765R. 2 - 31 DSD-20-179 Appendix B 40.-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 40 on Map No.2, attached hereto, from Public Park Zone (P-1) to Residential Six Zone (R-6) with Special Regulation Provisions 759R and 765R. 41.-law 85-1, as amended, is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 41on Map No.2, attached hereto, from Public Park Zone (P-1) with Special Regulation Provisions 1R and 653R to Residential Six Zone (R-6) with Special Regulation Provisions 764R and 765R. 42.C-law 85-1 is hereby amended by adding Section 418 Uthereto as follows: 418U.Notwithstanding Sections 28.1 and 28.3of this by-law,within lands zoned P-and shown on Map No. 2 attached hereto: i)the maximum height of any building shall be 8 metres or as otherwise determined through an approved Heritage Impact Assessment; and, ii)the following uses shall be permitted to locate within theexisting Henhoeffer Heritage House as an adaptive reuse in addition to the uses permitted in this zoneand in compliance with Section 6 of this by-law: a.Residential Dwelling b.Artisan Establishment c.Studio d.Personal Service e.Office f.Academic Instruction g.Craftsman Shop h.Restaurant i.Museum j.ArtGallery k.Health Office l.Tourist Home / Bed and Breakfast m.Day Care Facility n.Educational Establishment iii)A maximum Floor Space Ratio(FSR)of 1 is permitted. An HIA will be required for any additions to the existing building; 2 - 32 DSD-20-179 Appendix B iv)All driveways, parking and/or landscape areas are to be in accordance with the recommendations of the Henhoeffer Farm House Williamsburg School House Heritage Impact Assessment Williamsburg South Community Bleams Road and Fischer Hallman and amended June 2020 and prepared by Anderson Wellsman Architects Incorporated. 43.to By-law 85-1 is hereby amended by adding Section 757Rthereto as follows: 757R.Notwithstanding Section28.3,of this by-law, within lands zoned P-2 No. 2 attached hereto: i)the maximum building height shall be 8metresor as otherwise determined through an approved Heritage Impact Assessment 44.to By-law 85-1 is hereby amended by adding Section 758R thereto as follows: .Notwithstanding Section 40.2 of this by-law, within lands zoned R-6 hereto: i)the maximum building height shall be 11.5 metresor as otherwise determined through an approved Heritage Impact Assessment 45.to By-law 85-1 is hereby amended by adding Section 759Rthereto as follows: 759R.Notwithstanding Section 40.2 of this by-law, within lands zoned R-6 on Schedules 93 and attached hereto: i)the maximum building height shall be 24 metresor as otherwise 46.to By-law 85-1 is hereby amended by adding Section 760R thereto as follows: 2 - 33 DSD-20-179 Appendix B 760R.Notwithstanding Section 43.2 of this by-law, within lands zoned R-9 2 attached hereto: i)the maximum building height shall be 14metres or as otherwise 47.to By-law 85-1 is hereby amended by adding Section 761R thereto as follows: 761R.Notwithstanding Section 43.2 of this by-law, within lands zoned R-9 shown on Map No. 2 attached hereto: i)the maximum building height shall be 40metresor as otherwise 48.to By-law 85-1 is hereby amended by adding Section 762Rthereto as follows: 762R.Notwithstanding Section 43.2 of this by-law, within lands zoned R-9 attached hereto: i)the maximum building height shall be 49.5 metresor as otherwise determined through an approved Heritage Impact Assessment 49.to By-law 85-1 is hereby amended by adding Section 763R thereto as follows: 763R.Notwithstanding Section 43.2 of this by-law, within lands zoned R-9 hereto: i)the maximum building height shall be 90 metresor as otherwise determined through an approved Heritage Impact Assessment 50.to By-law 85-1 is hereby amended by adding Section 764R thereto as follows: 4R.Notwithstanding Section 40.2 of this by-law, within lands zoned R-6 on Sc hereto: 2 - 34 DSD-20-179 Appendix B i)the maximum building height shall be 18metresor as otherwise 51.to By-law 85-1 is hereby amended by adding Section 765Rthereto as follows: 765R.Notwithstanding Sections5.3, 5.5A,5.6.1 a), 5.6A.4 a), 6.1.1.1 b) iv), 6.1.1.1 c) iii),and 40, of this by-law, within lands zoned R-6on Schedules64, 93, 94 and95eretothe following Special Regulations shall apply: i)Porches shall have a minimum depth of 1.5 metres; ii)Stairs and access ramps may encroach into a required front yard or side yard abutting a street, provided the minimum setback to the encroachment is 1.0 metres from the street line; iii)Porches attached to the main building may be located within a required front yard or side yard abutting a street provided the porch is setback a minimum of 1.5 metres from the street line, whether or not covered, and provided they are not enclosed and do not exceed 1.2 metres in height above finished grade. Notwithstanding the foregoing, where any such porch is located in a driveway visibility triangle, the porch shall not exceed 0.9 metres in height above finished grade, and railings shall be constructed in a manner and of materials that do not obstruct visibility; iv)On a corner lot, an access drivewayshall not be located closer than 6.0 metres to the intersection of street lines abutting the lot and shall permit the parking of motor vehicles, with the exception of the following: i)8.0 metres shall be required for corner lots with frontage on a Major Community Collector Street; ii)7.0 metres shall be required for corner lots with frontage on a Local Street and flankage on a Minor Neighbourhood Collector Street or a Major Community Collector Street, and which have 2 - 35 DSD-20-179 Appendix B a single driveway on the same side of the road as a stop control; and iii)4.5 metres shall be required for corner lots with frontage and flankage on one street only. For Single Detached and Duplex Dwelling: a)Minimum Corner Lot Width 12.0 metres; b)Minimum Front Yard Setback 3.5 metres, except no partof any building used to accommodate off-street parking shall be located closer than 6.0 metres to a street line; c)Minimum Side Yard Abutting a Street 3.0 metres, except no part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to a street line, where an access driveway crosses the side lot line and leads to the space inside the garage; d)Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the other, provided that: i.on the side setback less than 1.2 metres from the property line, a 0.6 metre easement must granted by the owner of the abutting lands for the maintenance of the walls, eaves and real property. ii.where a side lot line abuts lands zoned Public Park Zone (P-1), Open Space Zone (P-2), Hazard Land Zone (P-3), the minimum side yard setback of 1.2 metres is required for the lot line abutting the aforementioned zones; e)Minimum Rear Yard setback 7.0 metres; f)Garage Façade - i.Maximum width of a garage attached to a single detached dwelling located on a lot having a width of 11 metres or less 72.5%of the width of front façade closest to the street at ground level; ii.Any attached garage designed to accommodate 2 or more vehicles, and located on a lot with a width of 11 metres or less, must be designed with 2 - 36 DSD-20-179 Appendix B separate garage doors for each parking space located within the garage, and the garage doors must be separated by a pier. 2 g)Minimum Contiguous Front Yard Landscape Area 17 m. The minimum contiguous landscaped area must be located within the front yard, and must be unencumbered by buildings, structures, and hardscape or impervious features such as driveways, walkways, sidewalks, porches, stairs and ramps; h)Fence Location -A fence having a height greater than 0.9 metres shall notbe located between a building and any front lot line or side lot line abutting a street. For Street-Fronting Townhouse Dwelling: a)Minimum Corner Lot Width 9.5 metres; b)Minimum Front Yard Setback 3.5 metres, except no part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to a street line; c)Minimum Side Yard Abutting a Street 3.0 metres, except no part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to a street line, where an access driveway crosses the side lot line and leads to the space inside the garage; d)Minimum Side Yard Setback 0.6 metres on one side and 1.2 metres on the other, provided that: i. on the side setback less than 1.2 metres from the property line, a 0.6 metre easement must granted by the owner of the abutting lands for the maintenance of the walls, eaves and real property; ii. where a side lot line abuts lands zoned Public Park Zone (P-1), Open Space Zone (P-2), Hazard Land Zone (P-3) the minimum side yard setback of 1.2 metres is required for the lot line abutting the aforementioned zones; e)Minimum Rear Yard setback 7.0metres; f)Maximum Building Height 11.5 metres; 2 g)Minimum Contiguous Front Yard Landscape Area 8 m. The minimum contiguous landscaped area must be located within the front yard, and must be 2 - 37 DSD-20-179 Appendix B unencumbered by buildings, structures, and hardscape or impervious features such as driveways, walkways, sidewalks, porches, stairs and ramps; h)Fence Location-A fence having a height greater than 0.9 metres shall not be located between a building and any front lot line or side lot line abutting a street; i)Maximum Lot Coverage -A total of 60 percent, of which the habitable portion of the dwelling shall not exceed 50 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent; j)Maximum Number of Attached Units Multiple Dwellings a)the minimum setback to a street (whether considered a front, side or rear yard) -1.5 metres; b)the maximum setback to a street (whether considered a front, side or rear yard) -4.5 metres; c)An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level; d)Parking shall be provided at a rate of 1.25 spaces per unit; e)Off-street parking may not be located between any building façade and the streetline; f)Stairs and access ramps may encroach into a required front yard or side yard abutting a street, provided the minimum setback to the encroachment is 1.0 metres from the s 52.to By-law 85-1 is hereby amended by adding Section 766R thereto as follows: .Notwithstanding Sections 5.6.1 a), 5.6A.4 a), 5.24, 6.1.1.1 b) iv), 6.1.1.1 c) iii), and 38.2, of this by-law, within lands zoned R-4on Special Regulations shall apply: Permitted projections for dwellings: 2 - 38 DSD-20-179 Appendix B a) Balconies may extend within a required front yard or side yard abutting a street provided that theminimum setback from a front line and side lot line abutting a street is 2.5 metres for single detached dwellings and multiple dwellings; b)Terraces, porches and decks may be located within a required front yard or side yard abutting a street provided the terrace, porch or deck is set back a minimum of 2.5 metres from the front lot line or lot line abutting a street whether or not covered and provided they are not enclosed and do not exceed 1.2 metres in height above finished grade level; c)Theminimum setback for any residential building or part thereof, located on a Official Plan, shall be 12 metres from the street line, provided however that for multiple dwellingsand street townhouse dwellings containing a minimum of four dwelling units, or any residential building taking primary access from such arterial road, the setback requirements of the applicable zone shall apply. Any buildings located less than 12.0 metresfrom an arterial road shall be developed in accordance with mitigation measures recommended in the approved Noise Study as part of the Plan of Subdivision approval for the lands, but such mitigation measures shall not include noise walls or berms; d) On a corner lot, an access driveway shall not be located closer than the following distances to the intersection of the street lines abutting the lot and shall permit the parking of motor vehicles: i)7.0 metres for lots fronting a major collector street (Rosenberg Way); and ii) 4.5 metres for lots fronting all other streets. For Single Detached Dwelling a) Minimum Corner Lot Width 11.0 metres; b) Minimum Front Yard 4.0 metres, except no part of any building used to accommodate off-street parking shall be located closer than 6.0 metres from the front lot line; 2 - 39 DSD-20-179 Appendix B c) Minimum Side Yard 0.6 metres on one side, and 1.2 metres on the other; d) Minimum Side Yard Abutting a Street 4.0 metres; e) Minimum Rear yard 7.0 metres; f) Maximum Building Height 12.5 metres; g) Encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 2.5 metresfrom a lot line abutting a street; h) Porches are included in Lot Coverage. For Semi Detached Dwelling a) Minimum Corner Lot Width 17.5 metres for each dwelling; and 10 metres for each corner dwelling unit; b) Minimum Front Yard 4.0 metres, except no part of any building used to accommodate off-street parking shall be located closer than 6.0 metres from the front lot line; c) Minimum Side Yard 0.6 metres on one side, and 1.2 metres on the other; d) Minimum Side Yard Abutting a Street 4.0 metres; e) Minimum Rear yard 7.0 metres; f) Maximum Building Height 12.5 metres; g) Encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 2.5 metresfrom a lot line abutting a street; 2 - 40 DSD-20-179 Appendix B h) Porches are included in Lot Coverage. 53.-law 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto and in greater detail on Map Number 2 attached hereto. PASSED at the Council Chambers in the City of Kitchener this day of 2020. , 2020 _____________________________ Mayor _____________________________ Clerk 2 - 41 DSD-20-179 Appendix B ST HARDING C O M M O N W EES ALTHCR - FROM RESIDENTIAL SIX ZONE (R-6) AREA 1 C-1 R-6 R-4R-6 R-6 TO RESIDENTIAL SIX ZONE (R-6) P-2 P-2 C-1 324R R-6 WITH SPECIAL REGULATION PROVISION 765R B L E A M S R D AREA 2- FROM RESIDENTIAL EIGHT ZONE (R-8) 528R TO RESIDENTIAL SIX ZONE (R-6) B-2 A-1 A-1 line ood WITH SPECIAL REGULATION PROVISIONS 759R AND 765R A-1 Fl tory ula MU-2 Reg ed pos Pro 351U 1R AREA 3- FROM RESIDENTIAL NINE ZONE (R-9) 1R 740R, 743R, WITH SPECIAL REGULATION PROVISION 652R 469U, 83H, 84H TO RESIDENTIAL NINE ZONE (R-9) WITH SPECIAL REGULATION PROVISION 760R Stage - FROM RESIDENTIAL NINE ZONE (R-9) AREA 4 WITH SPECIAL REGULATION PROVISION 652R 11 Block 1 Block 5 TO RESIDENTIAL NINE ZONE (R-9) Multiple Stormwater AREA P WITH SPECIAL REGULATION PROVISION 761R r dential Resi 51ha. o Management 5. p o 1.92ha. s 2 e AREA 5- FROM RESIDENTIAL NINE ZONE (R-9) d R e g P-3 WITH SPECIAL REGULATION PROVISION 652R u MU-2 l a t o ge Sta r TO RESIDENTIAL NINE ZONE (R-9) y 740R, 741R, F l o 1 Stage o WITH SPECIAL REGULATION PROVISION 762R d l i 469U, 83H, 84H n e R-4 5 AREA 6- FROM RESIDENTIAL NINE ZONE (R-9) Block 1 Multiple Residential 671R, WITH SPECIAL REGULATION PROVISION 652R 4.30ha. 672R, 673R TO RESIDENTIAL NINE ZONE (R-9) ck 4 Blo WITH SPECIAL REGULATION PROVISION 763R idential Multiple Res AREA 7- FROM RESIDENTIAL SIX ZONE (R-6) 3.50ha. TO PUBLIC PARK ZONE (P-1) MU-2 AREA 8- FROM RESIDENTIAL EIGHT ZONE (R-8) tage 2 S 740R, 742R, 469U, 83H, TO RESIDENTIAL SIX ZONE (R-6) AREA 84H WITH SPECIAL REGULATION PROVISION 765R AREA 1 2 P-3 AREA 9- FROM RESIDENTIAL EIGHT ZONE (R-8) Blk 5 TO LOW INTENSITY MIXED USE CORRIDOR ZONE (MU-1) 1 Block 11ck 1Block Blo Park 0.3m es ResR AREA 7 - FROM PUBLIC PARK ZONE (P-1) AREA 10 0.25ha. R-6 Reserve P-3 . 0.50ha 0.53ha. Blk 6 Block 12 Block 6 TO RESIDENTIAL SIX ZONE (R-6) ark P Block 10 671R, 0.3m0.3m Histand Trail Anton Cres 3m 0.03ha. 0. ReserveReserve Reserve WITH SPECIAL REGULATION PROVISION 765R Block 3 Blk 2 672R, 674R ck 2 Blo Res Res. Res - FROM LOW INTENSITY MIXED USE CORRIDOR AREA 11 0.48ha. 0.12ha. 0.37ha. Blk 3 AREA 8 ZONE (MU-1) Res. Block 1Block 4 Block 14 Res Res m 0.3 0.18ha. TO RESIDENTIAL SIX ZONE (R-6) Reserve0.37ha. . 0.48ha Blk 8 ge 3 Block 13 Sta WITH SPECIAL REGULATION PROVISION 765R en Op0.3m Guernsey Dr serve Re ge 4 P-2 Sta / Space Blk 7 AREA 12- FROM RESIDENTIAL FOUR ZONE (R-4) Trail Block 2Block 5 Park B-3 0.04ha.Res AREA 11 Res 0.01ha.TO RESIDENTIAL SIX ZONE (R-6) 0.77ha.0.50ha. 18U WITH SPECIAL REGULATION PROVISION 766R P-1 Block 17 Stage 1 AREA 10 AREA 13- FROM RESIDENTIAL FOUR ZONE (R-4) I-1 Stage 6 P-1 0.3m Blk 3 Block 1 serve Re Blk 6 Open Space/Block 1 Block 16 Park TO RESIDENTIAL SIX ZONE (R-6) 451U Blk 2 Hydro Coridor 0.3m0.90ha. Mixed Use Blk 12 m 0.3 4ha. 0.5 Park Reserve 0.3m WITH SPECIAL REGULATION PROVISION 765R 1.92ha. e Reserv Reserve 0.09ha. AREA 21 7 Blk Blk 8 Blk 9 AREA 14- FROM RESIDENTIAL SIX ZONE (R-6) Blk 114 Blk 10 13Block 1 Blk 0.3m m 0.3m 0.3 0.3m0.3m 0.3m 0.3m e Reserv Rosenberg Way Reserve Reserve ReserveReserve Reserve TO RESIDENTIAL SIX ZONE (R-6) serve Re AREA Block 1Block 6 Block 16 Blk 13 WITH SPECIAL REGULATION PROVISION 766R es R Park Open Space/ Res. 14 0.10ha. 0.18ha. ro Corridor Hyd 0.03ha. Blk 15 MU-1- FROM PUBLIC PARK ZONE (P-1) AREA 15 0.24ha. 0.3m serve R-4 Re Block 17 TO LOW INTENSITY MIXED USE CORRIDOR ZONE (MU-1) 0.3m Blk 26 Blk 15 671R, ge 7 Sta m 0.3 Open Space/ Reserve AREA AREA 16- FROM RESIDENTIAL SIX ZONE (R-6) Reserve Hydro Corridor AREA 15 672R, 673R 0.46ha. Blk 8 TO LOW INTENSITY MIXED USE CORRIDOR ZONE (MU-1) Blk 1 20 Res. Block 18 Mixed Use Blk 5 0.36ha. AREA 17- FROM RESIDENTIAL SIX ZONE (R-6) AREA 0.3m Res. . k 103.30ha Bl Block 19Blk 11 Reserve0.39ha. TO HAZARD LAND ZONE (P-3) Res. 12 Res. AREA 1 ge 10 Sta 0.32ha. k 7 Bl 0.29ha. - FROM OPEN SPACE ZONE (P-2) AREA 18 Reserve Blk 3 Res. Block 12 Future Open Space/ 0.38ha.B-2 P-2 TO HAZARD LAND ZONE (P-3) ck 2 Blo Single Res. or Hydro Corrid Detached 0.22ha. AREA 16 0.10ha. 0.65ha.AREA 19- FROM OPEN SPACE ZONE (P-2) 211U Blk 2 349 Block Block Block Park TO PUBLIC PARK ZONE (P-1) ResRes Res P-1 0.21ha. AREA 13 0.18ha. 0.18ha. 0.18ha. AREA 20- FROM RESIDENTIAL SIX ZONE (R-6) Blk 21 Block 24 Blk 14 0.3m ck 25 Blo 0.3m Forestwalk St Park erve Res serve TO OPEN SPACE ZONE (P-2) Reserve0.04ha.0.3m Re . Block 12 a 1 Block Block 15 ck 22 Block 2 AREA 7 Bloh Block 20- FROM OPEN SPACE ZONE (P-2) AREA 21 Blk 48 Res Park 0.3m Res0.3m 1 . 3 e 0.3m Reserve Res.0.26ha.0.54ha. 0 2v ve Reser .49ha. 0 r TO RESIDENTIAL SIX ZONE (R-6) m Reserve k0.24ha. el lk 1Blk 3 B 3i c .s a o 0 Block 2 Block 3 e r l Res. s. Re RT B WITH SPECIAL REGULATION PROVISION 765R /Res Res 0.14ha. AREA 7 0.29ha. e c 5ha. 0.2 Blk 5 0.43ha. a Park p S 0.04ha. Spring Maple CresLeopold St ZONE LIMITS n e p 13 Block Blk 11 O Block 8 0 Block 1 en Space/ Park Op ZONE GRID REFERENCE ater Management Stormw Res 6 . Hydro Corridor 0.12ha. AREA 17 k P-3 l 1.02ha. 0.18ha. e) lin ip Dr (B 1.04ha. hre cButu SCHEDULE NO. 64, 65, 93, 94, AND 95 uffea oermentalF T Fe Environ -roCor om N m 0 1 Block 4 Res OF APPENDIX 'A' 0.93ha. AREA 1 KITCHENER ZONING BY-LAW 85-1 10m Setback dripline from e 8 Stag A-1 Agricultural Zone Existing AREA 3 Dripline B-2 Restricted Business Park Zone 0 Block 7 m W tland Open Space / We tage 9 e S 19 etland W B-3 Business Park Service Centre Zone t l a n 10.71ha. AREA 17 d C-1 Convenience Commercial Zone 8 Block AREA 17 Res I-1 Neighbourhood Institutional Zone AREA 18 0.18ha. Wetland " k h AREA 18 c c a MU-1 Low Intensity Mixed Use Corridor Zone u b ot T e oS t NBlk 14 " o MU-2 Medium Intensity Mixed Use Corridor Zone l Wetland Block 5 d Walkway m o 5 o Res 0.02ha. W S P-3 u P-1 Public Park Zone 2ha.Existing 1.1 r v e W y e e d t l a Dripline n d Wetland 3 0 nvironmental Protection Area ck Limit of E a tb P-2 Open Space Zone Se m 0m 1 W e t lne apli ri d nom fr d B u f P-3 Hazard Land Zone f e r R-4 Residential Four Zone R-6 Residential Six Zone A-1 R-8 Residential Eight Zone R-9 Residential Nine Zone ZONING BY-LAW AMENDMENT ZBA20/009/F/JVW METRES MAP NO. 1 050100 PLAN OF SUBDIVISION 30T-09201 OFFICIAL PLAN AMENDMENT OPA20/003/F/JVW SCALE 1:5,500 MAX BECKER ENTERPRISES (II) FILE: City of Kitchener ZBA20009FJVW_MAP1 LIMITED .mxd DATE: OCTOBER 28, 2020 DEVELOPMENT SERVICES DEPARTMENT, PLANNING 2 - 42 DSD-20-179 Appendix B - FROM RESIDENTIAL EIGHT ZONE (R-8) AREA 22 WITH SPECIAL REGULATION PROVISION 654R TO RESIDENTIAL SIX ZONE (R-6) WITH SPECIAL REGULATION PROVISION 765R ge Sta - FROM PUBLIC PARK ZONE (P-1) AREA 23 TO OPEN SPACE ZONE (P-2) AREA WITH SPECIAL REGULATION PROVISION 757R 3 AND SPECIAL USE PROVISION 418U - FROM PUBLIC PARK ZONE (P-1) AREA 24 WITH SPECIAL REGULATION PROVISION 654R TO OPEN SPACE ZONE (P-2) ck 5 Blo WITH SPECIAL REGULATION PROVISION 757R AND SPECIAL USE PROVISION 418U water Storm AREA 25- FROM PUBLIC PARK ZONE (P-1) WITH SPECIAL REGULATION PROVISIONS 1R, 654R 5.51ha. ement Manag AREA 2 TO OPEN SPACE ZONE (P-2) WITH SPECIAL REGULATION PROVISION 757R AND SPECIAL USE PROVISION 418U AREA 4 AREA 26- FROM PUBLIC PARK ZONE (P-1) WITH SPECIAL REGULATION PROVISION 654R TO RESIDENTIAL SIX ZONE (R-6) WITH SPECIAL REGULATION PROVISIONS 764R AND 765R AREA 27- FROM RESIDENTIAL EIGHT ZONE (R-8) e ag St TO OPEN SPACE ZONE (P-2) WITH SPECIAL REGULATION PROVISION 757R 1 e tag S AND SPECIAL USE PROVISION 418U AREA 28- FROM RESIDENTIAL EIGHT ZONE (R-8) WITH SPECIAL REGULATION PROVISION 654R 5 TO OPEN SPACE ZONE (P-2) 1 Block WITH SPECIAL REGULATION PROVISION 757R AND SPECIAL USE PROVISION 418U ntial Reside Multiple - FROM RESIDENTIAL EIGHT ZONE (R-8) AREA 29 WITH SPECIAL REGULATION PROVISIONS 1R, 654R ha. 4.30 TO OPEN SPACE ZONE (P-2) WITH SPECIAL REGULATION PROVISION 757R AND SPECIAL USE PROVISION 418U AREA 39 AREA 30- FROM RESIDENTIAL EIGHT ZONE (R-8) AREA 40 WITH SPECIAL REGULATION PROVISION 654R TO OPEN SPACE ZONE (P-2) AREA 41 WITH SPECIAL REGULATION PROVISION 757R AND SPECIAL USE PROVISION 418U AREA 26 - FROM RESIDENTIAL EIGHT ZONE (R-8) AREA 31 AREA 23 WITH SPECIAL REGULATION PROVISIONS 1R, 654R AREA 25 AREA TO OPEN SPACE ZONE (P-2) 24 AREA WITH SPECIAL REGULATION PROVISION 757R 38 AND SPECIAL USE PROVISION 418U AREA AREA 32- FROM RESIDENTIAL EIGHT ZONE (R-8) AREA 36 WITH SPECIAL REGULATION PROVISIONS 1R, 654R 29 AREA 1 AREA 27 TO RESIDENTIAL SIX ZONE (R-6) WITH SPECIAL REGULATION PROVISIONS 758R, 765R AREA 2 AREA 33- FROM RESIDENTIAL EIGHT ZONE (R-8) AREA 30 AREA 31 WITH SPECIAL REGULATION PROVISION 654R TO RESIDENTIAL SIX ZONE (R-6) WITH SPECIAL REGULATION PROVISIONS 758R, 765R AREA 34- FROM RESIDENTIAL EIGHT ZONE (R-8) AREA 33 AREA AREA 32 WITH SPECIAL REGULATION PROVISIONS 1R, 654R 33 TO RESIDENTIAL SIX ZONE (R-6) 5 Blk WITH SPECIAL REGULATION PROVISION 765R AREA lock 1 B AREA AREA 8 AREA 35- FROM RESIDENTIAL EIGHT ZONE (R-8) 34 ark P 37 es WITH SPECIAL REGULATION PROVISION 653R R 0.25ha. AREA 22 TO RESIDENTIAL SIX ZONE (R-6) a. 0.53h WITH SPECIAL REGULATION PROVISIONS 764R AND 765R Blk 6 AREA 36- FROM PUBLIC PARK ZONE (P-1) lock 12 BBlock6 rk Pa TO OPEN SPACE ZONE (P-2) 0.3m Histand Trail Anton Cres 0.03ha. serve WITH SPECIAL REGULATION PROVISION 757R Reeserve R AND SPECIAL USE PROVISION 418U lock 3 B ock 2 Bl AREA 37- FROM RESIDENTIAL EIGHT ZONE (R-8) WITH SPECIAL REGULATION PROVISION 653R Res Res TO RESIDENTIAL SIX ZONE (R-6) . 0.48ha WITH SPECIAL REGULATION PROVISION 765R 37ha. 0. Blk3 AREA 38- FROM RESIDENTIAL EIGHT ZONE (R-8) TO OPEN SPACE ZONE (P-2) Res. ck 1 Block 4 Blo lock 14 B WITH SPECIAL REGULATION PROVISION 757R Res Res m 0.3 AND SPECIAL USE PROVISION 418U 8ha. 0.1 AREA 39- FROM RESIDENTIAL EIGHT ZONE (R-8) .37ha. serve0 Re . 0.48ha WITH SPECIAL REGULATION PROVISIONS 1R, 653R 8 Blk 13 Block TO RESIDENTIAL SIX ZONE (R-6) n Ope .3m 0 WITH SPECIAL REGULATION PROVISIONS 764R AND 765R Guernsey Dr e Reserv 4 ge ta- FROM PUBLIC PARK ZONE (P-1) S AREA 40 ce/ Spa TO RESIDENTIAL SIX ZONE (R-6) Blk 7 Trail 5 Block WITH SPECIAL REGULATION PROVISIONS 759R AND 765R Park AREA 41- FROM PUBLIC PARK ZONE (P-1) .es 0.04ha R WITH SPECIAL REGULATION PROVISIONS 1R, 653R .01ha. 0 AREA 10 . 0.50ha ha. 0.77 TO RESIDENTIAL SIX ZONE (R-6) WITH SPECIAL REGULATION PROVISIONS 764R AND 765R ZONING BY-LAW AMENDMENT ZBA20/009/F/JVW METRES MAP NO. 2 02550 PLAN OF SUBDIVISION 30T-09201 e 6 ag St OFFICIAL PLAN AMENDMENT OPA20/003/F/JVW SCALE 1:2,000 MAX BECKER ENTERPRISES (II) FILE: City of Kitchener ZBA20009FJVW_MAP2 LIMITED .mxd DATE: OCTOBER 28, 2020 DEVELOPMENT SERVICES DEPARTMENT, PLANNING 2 - 43 DSD-20-179 Appendix C Cof DSD-20-179 Modification to Conditions of Approval Draft Plan of Subdivision 30T-09201 Max Becker Enterprises(II)Limited (formerly Big Springs Farms Limited) KGMP Staging ID 121 This approval applies to Plan of Subdivision 30T-09201 for Max Becker Enterprises(II) Limited (formerly Big Springs Farms Limited)as shown on the attached Plan ofSubdivision th prepared by the GSP Group dated August 25, 2015 as approved by the OMB and revised October 28, 2020 which shows the following: *1That this approval applies to Plan of Subdivision 30T-09201 for Max Becker Enterprises (II) Limited as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated June 4, 2014 as modified and approved by the Ontario Municipal Board Decision rendered on August 25, 2015 is further modified on the plan dated October 28, 2020 as follows: Stage 1 Blocks 1-2-Park and Parkette Block3-Open Space Trail Block 4-Open Space Block 5-Storm Water Management Block 6-0.3 m Reserve Stage 2 Blocks 1-3-Single/ Semi /Street Townhouse35Units Block 4-Multiple Residential90-100Units Blocks 5-7-Park (Parkette) Blocks 8, 9-Open Space Block 10 0.3 m reserve Stage 3 Blocks1,2-Single/ Semi /Street Townhouse36Units Stage 4 Blocks1-5-Single/ Semi /Street Townhouse59Units Stage 5 Block 1-Multiple Residential90-100 Units Stage 6 Block 1-Mixed Use120 Units Stage 7 Blocks1-11-Single/ Semi /Street Townhouse85 Units Block 12-Future Development/Single Detached Blocks 13,14-Park/Trail 2 - 44 DSD-20-179 Appendix C ȃͳ ȃ Blocks 15,16-Open Space (Hydro Corridor) Blocks 17-19-0.3m Reserve Stage 8 Blockd1-4-Single/ Semi /Street Townhouse37Units Block 5-Park Units Block 6-Open Space/Trail Block 7-Open Space (Wetland) Block 8-Stormwater Management Stage 9 Blocks1-10-Single/ Semi /Street Townhouse96 Units Blocks 11,12-Park Block13-Open Space/ Hydro Corridor Block14-Public Walkway Stage 10 Block 1-Mixed Use230 Units Blocks 11,12-Park Block 13-Open Space/ Hydro Corridor Stage 11 Block 1-Multiple Residential200-400Units Total 1078-1298Units 1.CITY OF KITCHENER CONDITIONS: *2.1That 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 of Subdivision prepared by GSP Group on June 4, 2014, and approved by the OMB on August 25, 2014 and revised on October 28,2020,which shall contain the following additional special conditions: Part 2 Prior to Grading 2.10a) minimize the impact ofdevelopment on treed areas worth retaining, the SUBDIVIDER agrees to b) The Core Environmental Feature limits should be confirmed through a survey concurrent with the design and development of these southern stages of the subdivision and at the time of the Detailed Vegetation Plan to the satisfaction of the Planning. 2 - 45 DSD-20-179 Appendix C ȃʹ ȃ c)The SUBDIVIDER shall provide a digital copy of the approved Detailed Vegetation Plan (where d)The SUBDIVIDER shall implement all approved measures for the protection of isolated trees, tree clusters and woodlands as approved in the Detailed Vegetation Plan (where applicable) and to Director of Planning in consultation with Management Policy. 2.13- Th (GRCA)-itoring program will document current groundwater infiltration conditions and will be used to provide monitoring periods. Further, the SUBDIVIDER agrees to submit, obtain approval of and implement a detailed Conservation Authority and the Regional Municipality of Waterloo. The purpose of the measures satisfy pre-development infiltration targets specified in the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as well as the South West Urban Area Study, Storm Water Management Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and that Chloride Impact assessments meet the Reasonable Use Criteria of the Alder Creek Watershed and Upper Strasburg Creek monitoring program is to extend until full build out of the subdivision to the satisfaction of the s in consultation with the GRCA and the Regional Municipality of Waterloo. 2.14 Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as consultation with the Grand River Conservation Authority and the Regional Municipality of stormwater management facility continues to satisfy the current pre-development conditions for infiltration and to identify any specific additional requirements that may be necessary to monitor, including but not limited to infiltration rates for quantity and quality, chloride impact will extend for 2 years after 90 % Services in consultation with the GRCA and the Regional Municipality of Waterloo. 2 - 46 DSD-20-179 Appendix C ȃ͵ ȃ The SUBDIVIDER further agrees to implement any remedial action deemed necessary (including monitoring for 2 additional years should chloride levels exceed the Reasonable Use Criteria of Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as approved, including the design and installation of winter by-pass upgrades, if required) as a result of the aforementioned monitoring program at their sole n consultation with the GRCA and the Regional Municipality of Waterloo. 2.15The SUBDIVIDER agrees that the recommendations of the Middle Strasburg Creek Flood Control Environmental Assessment (EA) shall be implemented and the existing culvert at Fischer-Hallman Road and Upper Strasburg Creek shall be replaced in accordance with the Middle Strasburg Creek Flood Control Environmental Assessment, prior to registration. Replacement of the existing culvert shall coincide with other engineering works in the area and area grading shall be coordinated in order to minimize disturbance to Strasburg Creek Municipality of Waterloo and Grand River Conservation Authority. The City is 100% responsible for the cost of these works. If sufficient money is not allocated from the appropriate CITY Development Charge Account(s) to permit the CITY to fund these works or the works are not a Development Charge eligible expense and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide and up-front the cost of these works. Should these works become a Development Charge eligible expense, the CITY agrees to recognize any monies paid by the SUBDIVIDER for any works or services normally paid out recognized as a credit towards any CITY Development Charge payable for each lot or block only within the registered plan in accordance with the applicable CITY Development Charge By-law and Policies in effect at the time the monies are paid by the SUBDIVIDER or the works become a Development Charge eligible expense, whichever shall be later. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the -law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding credit balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the CITY may enter into an agreement with the SUBDIVIDER, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. *2.16The SUBDIVIDER agrees that prior toregistration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees that the Henhoeffer Heritage House located on Block 1, Stage 5be designated under Part IV of the Ontario Heritage Act. The SUBDIVIDER further h 2 - 47 DSD-20-179 Appendix C ȃͶ ȃ describes the Henhoeffer Heritage House in order to facilitate the designation and register the designating by-law on title of the lands. *2.17Prior to registration, pre-grading or pre-servicing as required,the SUBDIVIDER agrees to submit for review and approval a Conservation Plan for the Henhoeffer Heritage House on Block 1, Stage 5Terms of Reference for Conservation Plans *2.18Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees to provide the CITY with a Letter of Credit or other like security in a form and content identified in the approved Conservation Plan for the Henhoeffer Heritage House on Block 1, Stage 5-term conservation works not be completed in accordance with the approved Conservation Plan, lands and so complete the required short term conservation works to the extent of the monies received under the Letter of Credit. The Letter of Credit will be released when the short-term conservation works have been completed and certified by a Heritage Consultant to the satisfaction of the Director of Planning. *2.19Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees to install a construction/silt fence around the perimeter of Henhoeffer Heritage House on Block 1, Stage 5 agrees to maintain the integrity of the construction/silt fence throughout the construction *2.20Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees and methods that shall be used to minimize vibration during grading, road construction and servicing. Should cracks develop in the masonry during grading, road construction or servicing, the SUBDIVIDER agrees to stop work in the vicinity of the Henhoeffer Heritage House on Block 1,Stage 5and servicing and notify the Engineer, Heritage Consultant and Planning. The SUBDIVIDER further agrees to submit written documentati Heritage Planner confirming that all contractors responsible for area grading have read and Director of Planning. *2.21Prior to registration, pre-grading or pre-servicing as required,the SUBDIVIDER agrees to the following as a means of protecting the Henhoeffer Heritage House, Block 1, Stage 5, that no grading shall be undertaken until a Grading Control Plan has been approved by the SUBDIVIDER further agrees to show detailed grades within 25 metres around the perimeter of the Henhoeffer Heritage House on the grading control plan to the satisfa 2 - 48 DSD-20-179 Appendix C ȃͷ ȃ *2.22Prior to registration, pre-grading or pre-servicing as required,the SUBDIVIDER agrees to submit a final Grading Control Plan for the Henhoeffer Heritage House on Block 1, Stage 5 Director of Engineering. The SUBDIVIDER further agrees to ensure that the Henhoeffer Heritage House is not substantially lower or higher than the surrounding neighbourhood and that slopes greater than 3:1 and retaining walls will not be permitted to the satisfaction of the *2.23The SUBDIVIDER agrees to protect and conserve the Henhoeffer Heritage House on Block 1, Stage 5through the following means: 1)To maintain the Henhoeffer Heritage House in good and sound condition at all times prior to and during development of the property. *2.24The SUBDIVIDER agrees to conduct and submit a Pre-construction Inspection of the Henhoeffer Heritage House on Block 1, Stage 5and 1385 Bleams Road (provided access to the property is obtained) by a qualified structural engineer prior to registration, pre- grading or pre-servicing as required, and a Post Construction Inspection of the Henhoeffer Heritage House and 1385 Bleams Road once grading, servicing and construction develop from vibration during grading, servicing or construction, the SUBDIVIDER further agrees to stop work in the vicinity of the Henhoeffer Heritage House or 1385 Bleams Road and notify the Engineer, Heritage Consultant, and City and correct the damage in accordance 2.25The SUBDIVIDER agrees to implement the Erosion Threshold Analysis and specifically Model 4 prepared by Stantec Inc. dated April 7, 2015 including implementation of the unitary release rate of 1.1 litres per second which is assigned to Area 2 and 3 of the Rosenberg Secondary Planning Area on a proportionate gross area basis, to the satisfaction of the with the Grand River Conservation Authority. *2.26The SUBDIVIDER acknowledges that the Conceptual Grading Plan demonstrates adequate clearance from the seasonally high groundwater table, it is recognized that a portion of the groundwater exists in a perched system. If demonstrated to the satisfaction of the GRCA and the Provincethat the perched groundwater does not serve an ecological/environmental function, the grading plan may be subject to change to the satisfaction of the Director of Engineering Services in consultation with the GRCA and theProvince. *2.27The SUBDIVIDER agrees to coordinate the location of the Multi-use pathway through Block 1, Stage 5in a manner that is consistent with the recommendations made for the recreated laneway and pedestrian path with tree plantings in the Heritage Impact Assessment prepared by Carson Woods Architects Limited (March 2009) and revised November 2013 to the Coordinator, Cultural Heritage. 2 - 49 DSD-20-179 Appendix C ȃ͸ ȃ *2.28The SUBDIVIDER agrees that prior to registration, pre-grading or pre-servicing as requiredof any stage within this plan, the SUBDIVIDER shall obtain any necessary permits and approvals from theProvincerelated to Species at Risk identified on or contiguous to the subject lands in compliance with the Endangered Species Act. Any measures required by theProvinceincluding but not limited to Overall BenefitsPlans and/or Mitigation Plans shall be to the satisfaction of the Province. Mitigation measures that are to become the ownership of the City shall be to the satisfaction of the the Province of Parks and Cemeteries and the Director of Planning. *2.29The SUBDIVIDER agrees that a Stewardship Management Plan should be developed, submitted and approved prior to registration, pre-grading or pre-servicing as required to the satisfaction of the Director of Planning in consultation with the Director of Parks and Cemeteries, the Region, and GRCA. The Stewardship Management Plan shall be in compliance with the Environmental Impact Study (NRSI, January 2013 and Addendum-Big Springs Farms Limited (Schlegel Lands),April 2013), the Response Document Big Springs Farms Limited (Schlegel Lands)(NRSI, April 10, 2014) and incorporate any requirements of the Province. *2.30The SUBDIVIDER agrees that during-and post-construction environmental monitoring plans be developed, submitted and approved as part of the Detailed Vegetation Plan and Stormwater Management Engineering design. The monitoring plans shall address parameters outlined in the Response Document-Big Springs Farms Limited (Schlegel Lands)(NRSI, April 10, 2014) and incorporate any requirements of the Province.Monitoring plans shall be approved prior to registration, pre-grading or pre-servicing (whichever comes gion of Waterloo and GRCA. The SUBDIVIDER further agrees that monitoring beyond 90% build-out of the subdivision will be required and the duration of this monitoring will be determined as part of the environmental monitoring plans to be approved. The SUBDIVIDER agrees to implement any restoration or mitigation measures arising from monitoring as deemed necessary by the Province, the Region, the GRCA and/or the City and that such works will be the sole responsibility of the SUBDIVIDER. 2.31Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees to submit, obtain approval of and implement a detailed monitoring program to evaluate the performance of conveyance infiltration galleries (including pre-construction and post- construction phases) and to identity if the required water balance is met, to the satisfaction of Waterloo. Part 3 Prior to Servicing 3.2 The SUBDIVIDER agrees to retain a qualified Engineering Consultant who shall prepare a detailed engineering design and report for the storm water management in accordance with 2 - 50 DSD-20-179 Appendix C ȃ͹ ȃ the Comprehensive Stormwater Management Strategy for the South West Urban Area prepared by AMEC ( June 22, 20111 and revised July 18, 2011) and the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL, 2008 which accommodates a 2.0 cubic metres/second flow from Area 2 lands (as identified in Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL, 2008). to of Parks and Cemeteries, the Region of Waterloo and the Grand River Conservation Authority. The stormwater management facilities will be designed to achieve a unitary release rate of 1.1 litres per second per gross hectare in accordance with the Erosion Threshold Analysis prepared by Stantec Inc. dated April 7, 2015, to the satisfaction of the of Engineering Services in consultation with the Grand River Conservation Authority. In addition, the SUBDIVIDER shall have landscape plans for the storm water management facilities prepared by a Landscape Architect to the satisfaction of the Director ofParks and Cemeteries and the Director of Engineering Services. 3.18The SUBDIVIDER shall prepare a detailed Geotechnical/Hydrogeological Investigation Report which shall determine the suitability of soils to support lot level infiltration of roof water to the satisfaction of the Director of Engineering Services in consultation with the Region of Waterloo and the Grand River Conservation Authority. The design of the infiltration galleries should include a 20% contingency to the satisfaction of the Directorof Engineering Services. 3.19The SUBDIVIDER acknowledges that a shared storm water management facility is proposed for the subject lands and for lands within the adjacent plan of subdivision to the west 30T- 08206. The SUBDIVIDER agrees to enter into a cost sharing and maintenance agreement with the land owner for the adjacent plan to the west 30T-08206 to arrange the sharing of costs associated with ongoing maintenance of the storm water management facility and any related appurtenances to the satisfaction of the City Solicitor and the Director of Engineering Services. The SUBDIVIDER further agrees to construct and locate the Storm water management facility in accordance with the Rosenberg Secondary Plan and to the satisfaction of the Director of Engineering Services, the Region of Waterloo and the Grand River Conservation Authority. 3.20The SUBDIVIDER agrees to prepare a water servicing report which shall determine the extent of the lands that can be serviced by municipal water distribution network and shall make recommendations that address the water pressure issue to the satisfaction of the Director of Engineering Services in consultation with the Director of Utilities and the Region of Waterloo. 3.21Prior to servicing of each phase requiring new infiltration galleries, the SUBDIVIDER shall prior to servicing provide a letter of credit based on 60% of the estimated cost of the approved infiltration facilities, and 100% of the estimated cost of any contingency infiltration facilities to the satisfact The Letter of Credit will be released two years after 95% of the pond catchment area within lands is stabilized (meaning buildings are constructed and lot/blocks are facilities are installed and functioning as intended and approved to the satisfaction of the 2 - 51 DSD-20-179 Appendix C ȃͺ ȃ 3.22The SUBDIVIDER agrees that the extension of the Middle Strasburg Sanitary Trunk Sewer through this plan of subdivision is required and shall be in accordance with the Middle Strasburg Sanitary Trunk Sewer EA Director of Engineering Services. It is acknowledged that these works, including design -law 99-106, as amended, and the City shall be responsible for 100 % of the costs of these works. It is further acknowledged, if there is a need to increase the size and/or depth of the Middle Strasburg Sanitary Trunk Sewer to facilitate servicing lands located outside of the Rosenberg Secondary Planning Community, the City will be responsible for 100% of the cost of these upgrades. The SUBDIVIDER further acknowledges that any upgrades to local sewers to support this development are not considered eligible as a Development Charge expense. If sufficient money is not allocated from the appropriate CITY Development Charge Account(s) to permit the CITY to fund these works or the works are not a Development Charge eligible expense and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide and up-front the cost of these works. Should these works become a Development Charge eligible expense, the CITY agrees to recognize any monies paid by the SUBDIVIDER for any works or services normally paid out monies to be refunded or to be recognized as a credit towards any CITY Development Charge payable for each lot or block only within the registered plan in accordance with the applicable CITY Development Charge By-law and Policies in effect at the time themonies are paid by the SUBDIVIDER or the works become a Development Charge eligible expense, whichever shall be later. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal mann-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding credit balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the CITY may enter into an agreement with the SUBDIVIDER, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. *3.23Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER shall prepare and receive approval of detailed design drawings including a cost estimate for landscape treatment of the park and/ or trails located on Block 1, Stage 1 Neighbourhood Park/ Library site; Block 2, Stage 1 (Urban Green); Blocks 5and 6Stage 2Urban Green (Linear Park) ; Blocks 13 and 14, Stage 7Urban Green (Linear Park); Block 5, Stage 8 Urban Green (Linear Park);Block 3, Stage 10Park (Urban Green); and prior to the servicing or registration of the associated stage to the 2 - 52 DSD-20-179 Appendix C ȃͲͱ ȃ *3.24Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees to provide a detailed sanitary sewer design and to make arrangements satisfactory to the Director of Engineering for a sanitary servicing connection to the Middle Strasburg Trunk Sanitary Sewer. The SUBDIVIDER further agrees that where any upgrades are required to any local sewers required to connect these lands to the trunk sewer will be at the sole cost of the SUBDIVIDER. 3.25The SUBDIVIDER agrees to install black vinyl chain link fence, or approved decorative fence that is not made of solid materials and provides visibility on along any rear and/or side oflot line that is/ are adjacent to park blocks, Open Space, Woodland and Buffer Block 5, Stage 9 to the satisfaction of the Director of Engineering Services in consultation with Director of Parks and Cemeteries. 3.26The SUBDIVIDER agrees that proposed groundwater conveyance system (GWCS) shall be fully under private ownership and the maintenance of such is the responsibility of the future condominium corporations. The design will ensure that the minimum 0.6m separation of groundwater from underside of footing is achieved. The condominium corporation shall maintain a maintenance easement for any portion of the system within City lands in perpetuity. The developer agrees to indemnify the City for any property damage or future maintenance costs which could arise from failure of the system. Further, the GWCS shall be designed to the satisfaction of the Director of Engineering in consultation with the Grand River Conservation Authority and the Region of Waterloo. 3.27The SUBDIVIDER agrees to coordinate the decommissioning of the temporary pumping Engineering Services immediately after servicing the plan of subdivision. *3.28The SUBDIVIDER acknowledges that the servicing plan will indicate areas where the servicing (construction) trench will be located within a shallow or deeper groundwater system. The SUBDIVIDER agrees that mitigation measures must be identified and implemented so that subsurface infiltration adjacent to the wetland or watercourses and/or their buffers will not be interrupted and groundwater flows to the wetland or watercourse will be maintained with the pre-development conditions to the satisfaction of the CI Services in consultation with the Grand River Conservation Authority and the Provinceas appropriate. *3.29Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees to submit a functional design for the implementation of bicycle lanes, on-street parking and intersection curb extensions on both sides of Rosenberg Way and Abram Clemens Street to r of Transportation Services. *3.30Prior to registration, pre-grading or pre-servicing as required, of each stage, the SUBDIVIDER shall prepare an On- -Street ParkingPolicy, as approved and amended. The On-Street Parking Plan shall be considered in accordance with the servicing 2 - 53 DSD-20-179 Appendix C ȃͲͲ ȃ drawings 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 the park frontage, may be considered in accordance Part 4 Prior to Application for Issuance of any Building Permits *4.18 Prior to issuance of any building permits the SUBDIVIDER agrees that no building permits shall be applied for or issued, and no new construction or alterations for Block 1, Stage 5, within the subdivision shall be undertaken until building elevations havebeen reviewed and construction or alterations are consistent with the approved Design Guidelines for Priority Lots and the Heritage House Design Guidelines registered on title to the subject lands. *4.19The SUBDIVIDER agrees to protect and conserve the Henhoeffer Heritage House on Block 1, Stage 5through the following means: 1)To maintain the Henhoeffer Heritage House in good and sound condition at all times prior to and during development of the property. *4.20That the Owner of a lot abutting a zero lot line development shall, at therequest of the CITY'S Director of Planning, grant any easements required for the maintenance of, or eave encroachment by the adjacent dwelling in favour of the adjacent property all to the satisfaction of the Director of Planning and the City Solicitor. *4.21The SUBDIVIDER agrees that no building permit shall be applied for or issued forthe following Priority Lots unless the building designs are in accordance with the approved Design Guidelines for Priority Lots a)All Corner (C) Priority Lots within each stage as contemplated for registration of that stage. b)AllTerminating Vista (T) Priority Lots within each stage as contemplated for registration of that stage. c)All Gateway (G) Priority Lots, within each stage as contemplated for registration of that stage. d)Heritage Area (HA) Priority Lots, being on Block1 Stage 5. Part 6 Other Timeframes *6.11 The SUBDIVIDER agrees that no building permit shall be applied for or issued forthe following Priority Lots unless the building designs are inaccordance with the 2 - 54 DSD-20-179 Appendix C ȃͲͳ ȃ approved Design Guidelines for Priority Lots e)All Corner (C) Priority Lotswithin each stage as contemplated for registration of that stage. f)AllTerminating Vista (T) Priority Lotswithin each stage as contemplated for registration of that stage. g)All Gateway (G) Priority Lots, within each stage as contemplated for registration of that stage. h)Heritage Area (HA) Priority Lots, being on Block1 Stage 5. 6.15 The SUBDIVIDER agrees that the short-term conservation works identified in the approved conservation plan shall be completed prior to December 31, 2014or such other date to the -term conservation works not be completed by the specified date the CITY shall use the Letter of Credit (required by Condition 2.20to have the necessary short-term conservation works completed. The CITY, other remedies the CITY may have, enter on the lands and so complete the required conservation works to the extent of monies received under the Letter of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter of Credit. In the event that there are exterior conservation works remaining to be completed, the CITY may by by-law exercise its authority under Section 427 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in likemanner as municipal taxes. The Letter of Credit will be released when the short-term conservation works Director of Planning. *6.16The SUBDIVIDER agrees to connect the existing Henhoeffer Heritage House located on Block 1, Stage 5to full municipal services once servicing of the subdivision is completed to of Planning. *6.17The SUBDIVIDER agrees to develop the Henhoeffer Heritage House located on Block 1, Stage 5in accordance with the approved Heritage Impact Assessment, approved Conservation Plan, and approved Heritage Priority Lot Design Guidelines to the satisfaction *6.18That prior to registration the SUBDIVIDER agrees that the preparation, submission and -specific terms e required. The Heritage Impact Assessment shall address the impact of the proposed development on the Henhoeffer Heritage House located on Block 1, Stage 5of the subject plan and the Williamsburg School located on adjacent lands to the north at 1385 Bleams Road in accordance with the aforementioned Heritage Impact Assessment. 2 - 55 DSD-20-179 Appendix C ȃͲʹ ȃ *6.19The SUBDIVIDER agrees that prior to application for or issuance of Site Plan Approval for lands contained within Block 1, Stage 5a Heritage Impact Assessment addressing the impact of the proposed development on the farmhouse and Heritage Design Guidelines for 1255-1291 Fischer Hallman Road addressing the restoration and reuse of the farmhouse and the design and development of any nearby lands must be approved by the Director of Planning. The SUBDIVIDER further agrees that the preparation, submission and approval of a reference and to the satisfaction o to issuance of Site Pan approval for lands contained in Block 1, Stage 5 and Block 1, Stage 11. The Heritage Impact Assessment shall address the impact of the proposed development on the HenhoefferHeritage House located on Block 1, Stage 5,and view to the heritage house from Fischer Hallman Road as well as the view and impacts to the heritage house outside of the plan located at 1385 Bleams Road. Further, the SUBDIVIDER agrees to develop the lands contained within Block 1, Stage 5in accordance with the aforementioned Heritage Impact Assessment and Heritage Design Guidelines for Block 1, Stage 5(formerly Block 10). ith a Cost Estimate, prepared by a heritage consultant, for the cost associated with the conservation and restoration of the exterior of the dwelling in accordance with the approved Heritage Design Guidelines for 1255-1291 Fischer Hallman Road. The SUBDIVIDER agrees to provide the CITY with a Letter of Credit or other like security in a form and content satisfactory located on Block 1, Stage 5as determined in the Cost Estimate. Should conservation and restoration work not be completed as approved, the City may use the Letter of Credit to have the necessary works completed. The CITY, its employees, agents or contractors may, at the lands and so complete the required conservation and restoration works to the extent of the monies received under the Letter of Credit. The Letter of Credit shall be released by the CITY when the required restoration has been completed and certified by a h 6.20 the amount equal to the short-term conservation works identified in the approved Credit will be released when the short-term conservation works have been completed in accordance with the approved Conservation Plan as certified by a Heritage Consultant 6.21The SUBDIVIDER agrees to submit for review and approval a Conservation Plan prior to grading, servicing and registration whichever comes first, for the Henhoeffer Heritage -specific terms of reference 2 - 56 DSD-20-179 Appendix C ȃͲ͵ ȃ include an assessment of current conditions and deficiencies and shall recommend conservation measures and interventions in the short, medium, and long-term including repair, stabilization, monitoring and maintenance measures to ensure preservation of the cultural heritage attributes identified in the approved Heritage Impact Assessment. *6.22The SUBDIVIDER shall prepare, submit and receive final approval of the Design The Design Guidelines for Heritage Priority Lots shall include but not be limited to the following: For Heritage (H) Priority Block 1, Stage 5, the Design Guidelines shall address building and site design which reflects and complements the architectural style and setting of the Henhoeffer Heritage House on Block 1, Stage 5.Further the Design Guidelines shall address matters including appropriate building location and orientation, the design of building additions and alterations, appropriate building materials (e.g. brick or natural materials on all elevations), colours, window, porches, roof style, garages, driveways, fences and landscaping. *6.23The SUBDIVIDER or subsequent owner agrees to provide copies of the approved Design Guidelines for the Heritage Priority Lots be provided in all Offers of Purchase and Sales Agreements and/or rental agreements for Block 1, Stage 5to the satisfaction of the Director of Planning, and Further, the SUBDIVIDER shall ensure that the approved Design Guidelines for Heritage Priority Lots are registered on title of Block 1, Stage 5to thesatisfaction of the CITY Solicitor in consultation with the Director of Planning. *6.24 The SUBDIVIDER agrees to maintain views to and from and between the Henhoeffer Heritage House, the former Williamsburg School House and Bleams Road as identified in the Heritage Impact Assessment prepared by Carson Woods Architects Limited dated March 2009 and revised November 2013 to the satisfaction of the Director of Planning. The SUBDIVIDER further agrees to maintain such views during the design of the stormwater facility on Block 5, Stage 1 and the multiple residential lands on Block 1, Stage 5to the satisfaction of the Director of Planning and Director of Engineering. Views will be maintained by locating obstructions below sight lines or outside of the viewshed. Obstructions will include, but not be limited to, trees, shrubs, buildings, and light poles. *6.25 including for all future development blocks by the conveyance of park Blocks 1 and 2, Stage 1; Blocks 5and6, Stage 2;Blocks 13 and 14, Stage 7;Block 5, Stage 8;Blocks 11 and 12, Stage 9and, Blocks 2 Stage 10; to the CITY, at no cost and free of encumbrance. Conveyance of each of the said Park Blocks will take place at the time of the registration. The SUBDIVIDER agrees that the parkland provided with the plan of subdivision shall be at no additional frontage costs to the City and shall be to the 2 - 57 DSD-20-179 Appendix C ȃͲͶ ȃ The SUBDIVIDER further agrees to convey Blocks 3 and 4 Stage 1; Block 9, Stage 2; Blocks 15and 16Stage 7;Blocks6and7Stage 8;Block 13, Stage 9, Block 3, Stage 10;to the City at no cost and free of encumbrance. These Blocks shall not be counted towards the satisfaction of the 5% parkland dedication but shall be conveyed as other open space lands. Conveyance of each of the said Greenway Blocks will take place at thetime of the registration of the stage in which such block is located in. 6.26The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales Agreements, and/Rental Agreements with home buyers for said lots, which advises that fencing isbeing installed on the walkway blocks, Park Blocks and around Open Space Woodlot and 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 the walkway block, park blocks and or Open Space Woodlot and Buffer Blocks to the satisfaction of the 6.27The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sale, and/or rental Agreements with home buyers that there is a planned transit route through the neighbourhood and to provide an information pamphlet or website address regarding Grand River Transit services to the satisfaction of the Director of Planning in consultation with the Region of Waterloo. 6.28The SUBDIVIDER agrees to complete the detailed design and to implement the construction of that portion of the services identified in the Area Servicing Plan, as set wh Plan of Subdivision that is being registered, that are required for the future development of all lands to the west in accordance with the approved Rosenberg Secondary Plan Land Use Plan dated April 4, 2013 and the agreed-upon Area Servicing Plan. The capacity to accommodate a minimum flow of 2.0 cubic metres/second from the lands located within Area 2 of the Rosenberg Secondary Planning Community. *6.29The SUBDIVIDER agrees that the development of Block 1, Stage 6;Block 12, Stage 9; a Block 1, Stage 10; and, Block 1, Stage 11;shall be developed in accordance with the Fischer Hallman Mixed Use Corridor Urban Design Brief. These blocks shall be subject to Customer Service. *6.30Prior to Site Plan approval of The SUBDIVIDER agrees that the development of Block 1, Stage 6;Block 12, Stage 9; aBlock 1, Stage 10; and, Block 1, Stage 11;the SUBDIVIDER agrees to provide an updated noise study that further confirms the use of passive mitigation measures to the sati *6.31That the SUBDIVIDER shall agree to prepare and have approved a boundary treatment plan, which may include fencing and/ landscaping orcombination thereof for the southern boundary of the subject lands along Block 7, Stage 8 south (Williamsburg Cemetery) to the satisfaction of the Director of Planning in 2 - 58 DSD-20-179 Appendix C ȃͲͷ ȃ consultation with the Director of Parks and Cemeteries. This plan shall be coordinated with the mitigation works required by the Ministry of Natural Resources for the permit under the Endangered Species Act. 6.32Where pressure reducing valves are required the Owner must 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 may not be removed by the owner/occupant. 6.33Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities to the satisfaction of Canada Post, in Planning. If required, the SUBDIVIDER shall provide temporary suitablecentralized mail box locations that may be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for the plan of subdivision. 6.34The SUBDIVIDER shall include a statement in all Offers of Purchase and Sales Agreements, and/or rental agreements, which advises: a)that the home/business mail delivery will be from a designated Community Mail Box; and b)homeowners of the exact Community Mail Box locations. The SUBDIVIDER further agrees that the location of all Community Mail Box facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). *6.35The SUBDIVIDER shall enter into an agreement with the City of Kitchener which shall be registered on the title of lots with retainingwalls immediately upon registration of the subdivision. Said agreement shall implement the following clause with respect to the retaining wall located on these lots and must be included in all offers of purchase, sale and tenancy agreements: Purchasers/ tenants are advised that a retaining wall is located on the property. The owner of this proposer also owns his/her section of the retaining wall.The retaining wall is not in public ownership. Monitoring, maintenance, inspection, repair and replacement of this retaining wall, including any associated costs, are the sole responsibility of the property owner.The City of Kitchener is in no way responsible forthis retaining wall. Should this retaining wall fail, it is the p responsibility to repair or replace his/her section of the wall at his/her expense. In addition, the zoning for this property prohibits the placement or construction of dwellings, shed, container, detached garages, accessory buildings, indoor pools, outdoor pools and any other building or structure and storage and parking of vehicles, trailers, major recreational equipment on the portion of the property containing the retaining wall. 2 - 59 DSD-20-179 Appendix C ȃͲ͸ ȃ PART 2.2 PRIOR TO REGISTRATION CONDITIONS: 2.2That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1.The City Standard Residential Subdivision Agreement shall be registered on title. 2.The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director of Planning and to obtain approval of such applications therefrom. 3.The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 4.The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with 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.The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision 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 provision of temporary services and the removal of such services when permanent installations are possible. 6.The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telecommunicationservices 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.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 HYDRO, and telecommunicationcompanies and the CITY'S Director of 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 for municipal services; 2 - 60 DSD-20-179 Appendix C ȃͲ͹ ȃ c)to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; d)if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Engineering, or, in the case of parkland, the CITY's Director of Parks and Cemeteries; and e)to provide to the CITY'S Director of Planning, a clearance letter from each of the HYDRO and telecommunicationcompanies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. *8.The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision.In addition, the Plan of Subdivision shall show the following new roads that have been added or renamed:Guernsey Drive, Anton Crescent; Austin Hewitt Street, Hagedorn Street, Samuel HemerStreet, Spring Maple Crescent, Abram Clemens Crescent, Leopold Street, and Leopold Crescent. 9.The SUBDIVIDER further agrees to make the necessary arrangements with adjacent land owners to the west (South Estates (30T-08206) for the provision or extension of any services Engineering Services written confirmation that these cost sharing arrangements have been made prior to registration. *10.The SUBDIVIDER agrees to register the plan of subdivision comprised of 11Stagesin accordance with the following sequence to the satisfaction of the Director of Planning and Engineering Services: Stage 1 shall be registered first; Stage 2 shall be registered concurrently with or subsequent toStage 1 Stage 3 concurrently with or subsequent toStage 2 (as HistandTrail and Abram Clemens Street are required for access) Stage 4 concurrently with or subsequent toStage 2 (asAbram ClemensStreet is required for access) Stage 5 concurrently with or subsequent toStage 2 (as Abram Clemens Street is required for access) Stage 6 concurrently with or subsequent toStage 4 and/or Stage 1 (as related tosite layout for access and fire route implications) Stage 7 concurrently with or subsequent toStage 3 from 30T-08206 and Stage 8 (as the SWM pondin Stage 8 must be constructed) Stage 8 concurrently with or subsequent toStage 7 Stage 9 concurrently with or subsequent toStage 7(as Abram Clemens is required for access) Stage 10 concurrently with or subsequent toStage 1&7 or 9 (as related tosite layout for access and fire route) 2 - 61 DSD-20-179 Appendix C ȃͲͺ ȃ Stage 11 concurrently with or subsequent toStage 1(as related to theRegional road works in Fischer Hallman Road and the related servicing) In the event that Stages do not proceed to registration concurrently, theSUBDIVIDER agrees to construct connections to the stormwater management pond, and temporary access roads, prior to applying for or being issued any building permits. Such, connections and temporary access road shall be designed prior to servicing of Stage1 and shall be built at such time as services are installed for Stage 1, all to The SUBDIVDER agrees to assume all liability and costs with respect to the construction and use of the temporary access road.The SUBDIVIDER agrees to provide all necessary easements for the temporary services and access roads all to the satisfaction of the 11.The SUBDIVIDER agrees to convey to the CITY, at no cost and free of encumbrance, the following lands for the purposes set out below: Stage 1 Block 1 -Park (Library) Block 2-Park (Parkette /Urban Green) Blocks 3 and 4-Open Space Block 5-Storm Water Management Block 6-0.3 m Reserve Stage 2 Blocks 5, 6-Park (Parkette/Urban Green) Block 9-Open Space Block 10-0.3 m Reserve Stage 7 Blocks 13 and 14-Park (Urban Green) Blocks15, 16-Open Space Blocks17,18 and 19-0.3 m Reserve Stage 8 Block 5-Park (Urban Green) Block 8,-Storm Water Management Blocks 6and 7-Open Space Stage 9 Blocks 11 and 12-Park (Urban Green) Block 13-Open Space 2 - 62 DSD-20-179 Appendix C ȃͳͱ ȃ Stage 10 Blocks 2 -Park (Urban Green) Block 3-Open Space Underno circumstances shall Block 7 of Stage 8 be conveyed into City ownership until all obligations associated with any permissions under the Ontario Endangered Species Actare satisfactorily discharged and the required monitoring and reporting is complete and accepted after 90% build-out of the subdivision, thus demonstrating the success of environmental mitigations implemented as part of the development. 12.The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major Planning, in accordance with the following criteria: a)The sign shall be located outside the required yard setbacks of the applicable zone and the corner visibility triangle, with the specific, appropriate location to be approved Permit is required for the Subdivision Billboard sign and that the sign shall be designed and erected to the satisfaction of the Director of Planning; 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 thefeatures 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, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop location, notifications regarding contacts for school sites, noise attenuation measures, 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 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 updated information, enquiries should be 13. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan. 2 - 63 DSD-20-179 Appendix C ȃͳͲ ȃ 14.The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of Kitchener, for the area being subdivided in order to satisfy Condition 1.22a) of the Subdivision Agreement. *15. Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees to submit, obtain approval of and implement a detailed monitoring program to evaluate the performance of conveyance infiltration galleries (including pre-construction and post- construction phases) and to identify if the required water balance is met, to the satisfaction of Waterloo. *16.Prior to registration, pre-grading or pre-servicing as required, of each stage, the SUBDIVIDER shall prepare an On- -Street Parking Policy, as approved and amended. The On-Street Parking Plan shall be considered in accordance with the servicing drawings and shall generally provide for one 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 the park frontage, may be *17.Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots The Design Guidelines for Priority Lots shall include, but not be limited to, the 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 each lot/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. d)For Gateway Priority Lots, building elevation drawings shall ensure that consideration has been given to design treatment along the road frontage including such items as the 2 - 64 DSD-20-179 Appendix C ȃͳͳ ȃ provision for porches, porticos, stairs or other projections, horizontal articulation, brick and masonry style skirting and/or accentuated windows. e)For Heritage (H) Priority Block 1, Stage 5, the Design Guidelines shall address building and site design which reflects and complements the architectural style and setting of the Henhoeffer Heritage House on Block 1, Stage 5. Further the Design Guidelines shall address matters including appropriate building location and orientation, the design of building additions and alterations, appropriate building materials (e.g. brick or natural materials on all elevations), colours, window, porches, roof style, garages, driveways, fences and landscaping. 18.The subdivision shall be registered prior to or in conjunction with Subdivision 30T-08206 and that prior to registration of any stage, the SUBDIVIDER shall provide temporary or permanent easements or rights of way to be conveyed to the City of Kitchener as necessary to permit of Settlement dated August 17, 2015 which are required for the servicing of those lands located to the west of Subdivision 30T-08206 and within the limits of the Rosenberg Secondary Planning Community in accordance with conditions 6.28 and 2.2.36. The design and construction of these servicesthrough Subdivision 30T-09201 required to service lands located to the west of Subdivision 30T-08206 shall be in accordance with the agreed- Minutes of Settlement dated August 17, 2015. *19Prior to registration, theSUBDIVIDER shall ensure that the water balance completed and conveyance galleries and based on soil suitability encountered during the Region of Waterloo.In the event that a ground water deficiencyresults, mitigation measures may be required to maintain the existing water balance to sustain the wetland and ESPA features on these lands and on the adjacent lands in plan 30T- 08206. 20.The SUBDIVIDER agrees that the short-term conservation works identified in the approved conservation plan shall be completed prior to December 31, 2014 or such other date to the -term conservation works not be completed by the specified date the CITY shall use the Letter of Credit (required by Condition 2.20 to have the necessary short-term conservation works completed. The CITY, its ption and in addition to any other remedies the CITY may have, enter on the lands and so complete the required conservation works to the extent of monies received under the Letter of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter of Credit. In the event that there are exterior conservation works remaining to be completed, the CITY may by by-law exercise its authority under Section 427 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. The Letter of Credit will be released when the short-term conservation works have been completed and . 2 - 65 DSD-20-179 Appendix C ȃͳʹ ȃ *21.The SUBDIVIDER agrees to connect the existing Henhoeffer Heritage House located on Block 1, Stage 5to full municipal services once servicing of the subdivision is completed to of Planning. *22.The SUBDIVIDER agrees to develop the Henhoeffer Heritage House located on Block 1, Stage 5in accordance with the approved Heritage Impact Assessment, approved Conservation Plan, and approved Heritage Priority Lot Design Guidelines to the satisfaction *23.That prior to registration the SUBDIVIDER agrees that the preparation, submission and -specific required. The Heritage Impact Assessment shall address the impact of the proposed development on the Henhoeffer Heritage House located on Block 1, Stage 5of the subject plan and the Williamsburg School located on adjacent lands to the north at 1385 Bleams Road in accordance with the aforementioned Heritage Impact Assessment. *24.The SUBDIVIDER agrees that prior to application for or issuance of Site Plan Approval for lands contained within Block 1, Stage 5a Heritage Impact Assessment addressing the impact of the proposed development on the farmhouse and Heritage Design Guidelines for 1255-1291 Fischer Hallman Road addressing the restoration and reuse of the farmhouse and the design and development of any nearby lands must be approved by the Director of Planning. *25.The SUBDIVIDER further agrees that the preparation, submission and approval of a reference and to the satisfact to issuance of Site Pan approval for lands contained in Block 1, Stage 11. The Heritage Impact Assessment shall address the impact of the proposed development on the Henhoeffer Heritage House located on Block 1, Stage 5,and view to the heritage house from Fischer Hallman Road as well as the view and impacts to the heritage house outside of the plan located at 1385 Bleams Road. *26.Further, the SUBDIVIDER agrees to develop the lands contained within Block 1, Stage 5in accordance with the aforementioned Heritage Impact Assessment and Heritage Design Guidelines for Block 1, Stage 5(formerly Block 10). *27.In addition, the SUBDIVIDE Estimate, prepared by a heritage consultant, for the cost associated with the conservation and restoration of the exterior of the dwelling in accordance with the approved Heritage Design Guidelines for 1255-1291 Fischer Hallman Road. The SUBDIVIDER agrees to provide the CITY with a Letter of Credit or other like security in a form and content satisfactory ng located on Block 1, Stage 5, as determined in the Cost Estimate. Should conservation and restoration work not be completed as approved, the City may use the Letter of Credit to have the necessary works completed. The CITY, its employees, agents or contractors may, at the 2 - 66 DSD-20-179 Appendix C ȃͳ͵ ȃ restoration works to the extent of the monies received under the Letter of Credit. The Letter of Credit shall be released by the CITY when the required restoration has been completed 28. or other like security in a form and amount equal to the short-term conservation works identified in the approved Credit will be released when the short-term conservation works have been completed in accordance with the approved Conservation Plan as certified by a Heritage Consultant . *29.The SUBDIVIDER agrees to submit for review and approval a Conservation Plan for the Henhoeffer Heritage House located on Block 1, Stage 5 site-ing. The Conservation Plan shall include an assessment of current conditions and deficiencies and shall recommend conservation measures and interventions in the short, medium, and long-term including repair, stabilization, monitoring and maintenance measures to ensure preservation of the cultural heritage attributes identified in the approved Heritage Impact Assessment. *30.The SUBDIVIDER shall prepare, submit and receive final approval of the Design Guidelines for Heritage Priority Lots to the satisfac The Design Guidelines for Heritage Priority Lots shall include but not be limited to the following: i)For Heritage (H) Priority Block 1, Stage 5,the Design Guidelines shall address building and site design which reflects and complements the architectural style and setting of the Henhoeffer Heritage House on Block 1, Stage 5Further the Design Guidelines shall address matters including appropriate building location and orientation, the design of building additions andalterations, appropriate building materials (e.g. brick or natural materials on all elevations), colours, window, porches, roof style, garages, driveways, fences and landscaping. *31.The SUBDIVIDER or subsequent owner agrees to provide copies of the approved Design Guidelines for the Heritage Priority Lots be provided in all Offers of Purchase and Sales Agreements and/or rental agreements for Block 1, Stage 5to the satisfaction of the Director of Planning, and *32.Further, the SUBDIVIDER shall ensure that the approved Design Guidelines for Heritage Priority Lots are registered on title of Block 1, Stage 5to the satisfaction of the CITY Solicitor in consultation with the Director of Planning. *33.Prior to any site alteration, area grading, servicing or registration of any stage within this plan, the SUBDIVIDER shall obtain any necessary permits and approvals from the Province related to species at risk identified on or contiguous to the subject lands in compliance with 2 - 67 DSD-20-179 Appendix C ȃͳͶ ȃ the Endangered Species Act. Any measures required by MNR including but not limited to Overall BenefitsPlans and/or Mitigation Plans shall be to the satisfaction of the Province ()and the City Director of Parks and Cemeteries in consultation with the Director of Planning. *34A Stewardship Management Plan should be developed, submitted and approved prior to registration, pre-grading or pre-servicing as requiredto the satisfaction of the Director of Planning in consultation with the Deputy Chief Administrative Officer of Infrastructure Services (formerly Parks), the Region, and GRCA. The Stewardship Management Plan shall be in compliance with the Environmental Impact Study (NRSI, January 2013 and Big Springs Farms Limited (Schlegel Lands)Addendum, April 2013), the Response Document Big Springs Farms Limited (Schlegel Lands)(NRSI, April 10, 2014) and incorporate any requirements of the Province. *35.Prior to registration, pre-grading or pre-servicing as required, the SUBDIVIDER agrees to submit a functional design for the implementation of bicycle lanes, on-street parking and intersection curb extensions on both sides of Rosenberg Way and Abram Clemens Street to Transportation Services. 35.The SUBDIVIDER agrees to complete the detailed design and to implement the construction of that portion of the services identified in the Area Servicing Plan, as set out which of Subdivision that is being registered, that are required for the future development of all lands to the west in accordance with the approved Rosenberg Secondary Plan Land Use Plan dated April 4, 2013 and the agreed-upon Area Servicing Plan. The dedicated accommodate a minimum flow of 2.0 cubic metres/second from the lands located within Area 2 of the Rosenberg Secondary Planning Community. 36.The subdivision shall be registered prior to or in conjunction with Subdivision 30T-08206 and that prior to registration of any stage, the SUBDIVIDER shall provide temporary or permanent easements or rights of way to be conveyed to the City of Kitchener as necessary to permit ch are required for the servicing of those lands located to the west of Subdivision 30T-08206 and within the limits of the Rosenberg Secondary Planning Community in accordance with conditions 6.28 and 2.2.36. The design and construction of these services through Subdivision 30T-09201 required to service lands located to the west of Subdivision 30T-08206 shall be in accordance with the agreed- Minutes of Settlement dated August 17, 2015. *37.That the SUBDIVIDER agrees to submit a reference plan showing an easement over lands shown as Block 1,Stage 5 containing the Henhoeffer House to the satisfaction of the City Solicitor for public access over the lands. *38.That the SUBDIVIDER agrees to merge lands shown as Block1 and 12, Stage 7 with adjacent lands to the west in plan 30T-08206to the satisfaction of the City Solicitor. 2 - 68 DSD-20-179 Appendix C ȃͳͷ ȃ 38.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. 2 - 69 DSD-20-179 Appendix C ȃͳ͸ ȃ 3.REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1.That the plan for final approval may incorporate a lot pattern for all blocks in which single detached, semi-detached and townhouse lots are permitted, at a density not exceeding the density identified in the draft approval conditions. 2.That the owner agrees to stage the development for this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Development and Legislative Services; 3.That the subdivision agreement be registered by the City of Kitchener against the lands 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; 4a.That the owner enters into an Agreement for Servicing with the Regional Municipality of 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 Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered; 4b.That the owner includes the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: 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 *5.a)That prior to final approval, the Owner submit for review and approval a detailed functional servicing report for the entire plan, with such report to assess the need for pressure reducing valves; to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; b)That prior to final approval, the owner agrees to submit for review and approval, engineering drawings which include the Kitchener Zone 4 750mm trunk watermain within the hydro-corridor easement and sections of roads that cross the hydro easement at Rosenberg Way, Abram Clemens Street and Street Two; to the 2 - 70 DSD-20-179 Appendix C ȃͳ͹ ȃ satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; c)That no construction or other activity be undertaken within the existing Hydro One easement until such time asthe easement in d) below has been granted to the Region; d)That prior to final approval, the Owner agrees to grant, at no cost to the Region, an easement in favour of the Regional Municipality of Waterloo for the 750mm trunk watermain (with such easement to be located within the existing Hydro One easement). e)Prior to the Region of Waterloo completing detail design for the roundabout at Bleams Road and Fischer-Hallman Road,the Owner shall, working with the City of Kitchener and the Region of Waterloo, provide a servicing solution for multiple residential Block 1 Stage11, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. f)That prior to final approval, the owner agrees to address Water Service -Fedy, June19, 2020), to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 6.Where pressure reducing valves are required in Condition No. 5a) above, the Owner must 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 clauseidentifying the presence of such water pressure reduction device and advising that it may not be removed by the owner/occupant. *7.a) That the boundary of the Williamsburg Woods Core Environmental Feature within the subject lands be interpreted as shown on Figure 6 of the Big Springs Farms Limited (Schlegel Lands) Environmental Impact Study(NRSI, January 2013) following field verification by a sub-committee of the Ecological and Environmental Advisory Committee on August 8, 2013. b) That a minimum 10-metre no-touch buffer be established adjacent to the Williamsburg Woods Core Environmental Feature Block 5, Stage 9. c) That the Core Environmental Feature and associated buffers on the subject lands be placed in a suitable conservation open space zone. d)That prior to any clearing of vegetation on the site during the bird breeding season (May 1st July 31st) and/or final approval of the plan, the Owner enter into an agreement with the Regional Municipality of Waterloo that no clearing of vegetation on the site occur during the bird breeding season (May 1st July 31st) in compliance with the Migratory 2 - 71 DSD-20-179 Appendix C ȃͳͺ ȃ Birds Convention Actunless it can be ascertained by a qualified expert that no birds covered by the Act are observed to be breeding in or adjacent to the affected area. e)That prior to final approval, the Owner install permanent fencing along the common boundary of any lots or blocks and the buffers of the Core Environmental Feature and/or the stormwater management area (Block 7, Stage 8and Block 8, Stage 8if developed), with signage identifying the Williamsburg Woods ESPA, and that the fence be installed 15 centimetres within Blocks 7, Stage 8and Blocks 4 and 5, Stage 9to the satisfaction of the City of Kitchener and the Region. f)That prior to final approval, the Owner consult with the City of Kitchener with respect to the potential removal of fencing along their common property boundary (Williamsburg Cemetery) in order to enhance wildlife linkages across the landscape. g)That prior to final approval, and any land clearing, grading, or the installation of services, the Owner submit a detailed erosion and sediment control plan acceptable to the City of Kitchener, Grand River Conservation Authority, and the Region in order toprevent sedimentation into the Core Environmental Feature. h)That prior to final approval, the Owner submit landscaping and planting plans for all buffer areas contiguous to Core Environmental Features, and for the stormwater management area (Block 8, Stage8), and that recommended plantings consist of locally-appropriate, self-sustaining native vegetation to the satisfaction of the City of Kitchener and the Region of Waterloo. i)That, prior to registration, the owner submits a detailed monitoring plan for the Core Environmental Feature and adjoining stormwater management facility on the subject Big Springs Farms Limited (Schlegel Lands) Environmental (NRSI, January 2013) and subsequent response from NRSI dated November5, 2013 to the satisfaction of the City of Kitchener and the Region of Waterloo. j)That prior to final approval, the Owner develop a brochure and other information tools for new home purchasers which provides information about the natural heritage featurescontiguous to the subdivision along with advice about how they can be good neighbours and stewards of these areas, and that the brochure be to the satisfaction of the City of Kitchener, Ministry of Natural Resources, and the Region of Waterloo. k)That prior to registration of open space Block 7, Stage 8and Low Density Residential Blocks4 and 5, Stage 9), the Owner remove any garbage or debris from the Environmentally Sensitive Policy Area / Core Environmental Feature to the satisfaction of the City of Kitchener and the Region of Waterloo. 8.That prior to final approval, the Owner enter into an agreement with the Regional Municipality of Waterloo to distribute source water protection and winter salt management information 2 - 72 DSD-20-179 Appendix C ȃʹͱ ȃ with all offers to purchase and/or rental agreements to the satisfactionof the Regional Commissioner of Planning, Development and Legislative Services. 9.That prior to final approval, the Owner decommissions any monitoring and private wells (not used for long term monitoring) on the property in accordance with O. Reg. 903 prior to any grading on the property; and furthermore, that the owner enter into an agreement with the City of Kitchener to decommission any long term monitoring wells no longer used for such purposes, all to the satisfaction of theRegional Commissioner of Planning, Development and Legislative Services. 10.That prior to any grading or construction, and final approval of all or any part of this plan of subdivision, the Owner submits an interim and/or final lot grading and drainage plan as deemed necessary by the Region, for review and approval by the Regional Commissioner of Planning, Development and Legislative Services. The lot grading and drainage plan must include existing and future grades / profiles for Fischer-Hallman Road and Bleams Road and a the Regional Municipality of Waterloo to secure completion and implementation ofthe above requirements. 11.That prior to final approval of all or any part of this plan of subdivision, the Owner submits an interim and/or final stormwater management report as deemed necessary by the Region, for review and approval by theRegional Commissioner of Planning, Development and Legislative Services.The interim and/or final stormwater management report must: a)establish water quantity trigger levels and/or infiltration benchmarks, and propose a strategy for mitigating impacts in the event there is a shortfall meeting infiltration targets, consistent with the Water Management Strategy for the Rosenberg Secondary Plan; b)identify the design and location of infiltration facilities; and c) Furthermore, the Owner enter into an agreement with the Regional Municipality of Waterloo to secure completion and implementation of the above stormwater management requirements. 12.That prior to final approval, or prior to commencement of any construction work within the Bleams Road (Regional Road 56) and Fischer-Hallman Road (Regional Road 58) rights-of- way, the Owner enter into an agreement with the Regional Municipality of Waterloo to obtain a Municipal Consent and Work Permit from the Region for such works. 13.That prior to final approval of all or any part of this plan of subdivision, the Owner submits a boulevard restoration plan for Bleams Road and Fischer-Hallman Road, to the satisfaction of theRegional Commissioner of Planning, Development and Legislative Services. The 2 - 73 DSD-20-179 Appendix C ȃʹͲ ȃ boulevard restoration plan must address any interim and final road profiles, as deemed necessary by the Region. 14.That prior to final approval of all or any part of this plan of subdivision, the Owner enter into an agreement with the Regional Municipality of Waterloo to provide the necessary financial resources for any decorative street over and above requirements along Bleams Road and Fischer-Hallman Road. *15.That the Owner obtain Regional Road Access Permits for the intersection of Abram Clemens and Bleams Road, Rosenberg Way and Fischer Hallman Road, and Forest Walk Streetand Fischer-Hallman Road. *16.That the Owner upon written request by the Region, or that the plan for final approval (whichever comes first), provide for any road widening dedication along the Bleams Road and Fischer-Hallman Road frontages and daylight triangles as deemed necessary by the Region, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Without limiting the foregoing, these widenings include: widenings required through the Fischer-Hallman Road and Bleams Road environmental assessment projects; future roundabout at Fischer-Hallman Road / Bleams Road; future roundabout at Fischer-Hallman / Rosenberg Way; widenings to accommodate left turn lanes; widenings to accommodate Strasburg Creek culvert improvements to Fischer- Hallman Road; and widenings to accommodate the final profile for Fischer-Hallman Road. *17.That prior to final approval, the Owner enter into an agreement with the Regional Municipality of Waterloo to provide sufficient certified funds for the following transit amenities for four (4) transit stops along Rosenberg Way and one (1) transit stop along Fischer-Hallman Road in order to provide Grand River Transit service to this plan consisting of: transit landing pads (4) transit landing pad (1 iXpress) transit shelter pads (4) transit shelter pads (1 iXpress) Furthermore, ensure that: a) the future Rosenberg Way and Abram Clemens roundabout intersection is designed to accommodate the use of transit vehicles; and b) that any future Rosenberg Way on-street parking does not conflict with the future GRT routes/facilities on Rosenberg Way, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 2 - 74 DSD-20-179 Appendix C ȃʹͳ ȃ 18.a)That prior to final approval, the Owner grant any easements as necessary to the Regional Municipality of Waterloo, at no cost to the Region, for the provision oftransit amenities noted in Condition 17 above. b)That prior to final approval, the Owner grant or enter into an agreement to grant, any temporary and/or permanent easements as necessary to the Regional Municipality of Waterloo, at no cost to the Region, required for construction or maintenance of the Strasburg Creek culvert improvements at Fischer-Hallman Road. c)That priorto final approval, the Owner grant or enter into an agreement to grant, any temporary and/or permanent easements as necessary tothe Regional Municipality of Waterloo, at no cost to the Region, required for traffic detour during the full closure of Fischer Hallman Road due to construction or maintenance of the Strasburg Creek culvert improvements and sanitary sewer installation at Fischer Hallman Road. *19.That prior to final approval, the Owner enter into an agreement with the Regional Municipality of Waterloo for the installation of a 1.5metreshigh chain link fence along any side or rear lot properties fronting Bleams Road (Regional Road 56)and Fischer Hallman Road (Regional Road 58),provided a noise attenuation barrier is not required as determined in Condition 24. 20.a)That prior to final approval, the Owner submits for review and approval, interim road improvements and traffic control measures for Rosenberg Way and Fischer-Hallman Road if deemed necessary by the Region; with such submission to include a functional design and cost estimate, to the satisfaction of theRegional Commissioner of Planning, Development and Legislative Services. b)That prior to final approval, the Region has the necessary physical and financial resources to provide for the interim road improvements and traffic control measures identified in a) above. *21.a)That prior to final approval of all or any part of this plan of subdivision, the Owner completes a scoped transportation impact study to assess the impact of development on the road network due to staging of development, to the satisfaction of theRegional Commissioner of Planning, Development and Legislative Services. b)That prior to final approval of all or any part of this plan of subdivision, if deemed necessary by the Region, that the Region has the necessary physical and financial resources to provide for any interim road improvements recommended in a) above due to staging of development,to the satisfaction of theRegional Commissioner of Planning, Development and Legislative Services. c)That prior to final approval of all or any part of this plan of subdivision, if deemed necessary by the Region, that the Region has the necessary physical and financial resources to construct the roundabout at Fischer Hallman Road and Bleams Road, and that the ultimate roundabout design be modified to include a northbound right- turn by-pass lane and an extended effective flair length for the eastbound approach, 2 - 75 DSD-20-179 Appendix C ȃʹʹ ȃ to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services d)That prior to final approval of all or any part ofthis plan of subdivision, if deemed necessary by the Region, that the Region has the necessary physical and financial resources to construct the Strasburg Creek culvert improvements to Fischer Hallman Road, to the satisfaction of theRegional Commissionerof Planning, Development and Legislative Services. e)That prior to final approval of all or any part of this plan of subdivision, or when deemed necessary by the Region (whichever comes first), that the Owner in consultation with the Region shall prepare a detailed engineering design for servicing and utility requirements of the subdivision along Fischer-Hallman Road (Regional Road 58) including, but not limited to, multiple residential Block 1, Stage 11. Furthermore, if deemed necessary by the Region, that the Owner shall provide the Region with the necessary physical and financial resources to construct any of the servicing and utility requirements identified, to the satisfaction of theRegional Commissioner of Planning, Development and Legislative Services. f)That prior to final approval of all or any part of this plan of subdivision, if deemed necessary by the Region, that the Region has the necessary physical and financial resources to construct the roundabout at Fischer-Hallman Road and Rosenberg Way, to the satisfaction of theRegional Commissioner of Planning, Development and Legislative Services. *22.a)That prior to final approval, the Owner will provide a functional design and cost estimate for a westbound left-turn lane with 65 metre storage length and appropriate tapers on Bleams Road at Abram Clemens Street. b)That prior to final approval, the Owner will provide a functional design and cost estimate for a southbound left-turn lane with 50m storage on Trussler Road at Bleams Road. c)That prior to final approval, the Owner will provide a functional design and cost estimate for the right-in / right-out only access at the Forestwalk Streetconnection to Fischer-Hallman Road. d)That prior to final approval, the Region has the necessary physical and financial resources to construct all required road improvements in a), b) and c) above. e)That conditions a), b) c) and d) above all be fulfilled to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. *23.That prior to final approval, the Owner enters into an agreement with the Regional Municipality of Waterloo that prior to the issuance of a Regional Road Access Permit by the Regionfor Block1, Stage 11, the ownersubmits for review and approval, a traffic impact study, a functional design, cost estimate, and letter of credit for the required 2 - 76 DSD-20-179 Appendix C ȃʹ͵ ȃ roadimprovements and traffic control for the access, to the satisfaction of theRegional Commissioner of Planning, Development and Legislative Services. 24.That prior to final approval, the Owner enter into an agreement with the Regional Municipality of Waterloo to complete a detailed noise study (prior to site plan approval) to determine noise attenuation requirements for all Blocks with sensitive land uses impacted by road traffic and stationary noise, to the satisfaction of the Regional Commissioner of Planning, Housing and Community 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. *25.That prior to any grading or construction, and final approval of all or any part of the draft plan of subdivision, a consultant Archaeologist shall undertake a Stage 3, and if required a Stage 4 Assessmentforall Registered Archaeological sites located within thePlan. The Assessment documents and the associated Ministry of Heritage, Sport, Tourism and CultureIndustries Acknowledgement Letters for the Assessments, must be submitted to the Regional Commissioner of Planning, Development and Legislative Services, prior to final approval of the Plan. *26.That prior to final approval of all or any part of this plan of subdivision, the Owner enter into an agreement with the Regional Municipality of Waterloo not to make site plan application to the City of Kitchener for any portions of Block 1, Stage 6; Block 12, Stage 9; Block 1, Stage 10; Block 1, Stage 11in proximity or adjacent to Fischer-Hallman Road until such time as the future road profile for Fischer-Hallman Road as been determined through the class environmental assessment for the road. 4.0OTHER AGENCY CONDITIONS Grand River Conservation Authority 1.As per Policy 5.2.6 of the Rosenberg Secondary plan, prior to any grading or servicing, the existing culvert at Fischer Hallman Road and Upper Strasburg Creek shall be replaced in accordance with the Strasburg Creek Flood Control Environmental Assessment (Stantec). Construction is intended to coincide with other works in the area to minimize disturbance to the creek. 2.As per Policy 5.2.6 of the Rosenberg Secondary plan, prior to any grading or servicing, the existing culvert at Fischer Hallman Road and Upper Strasburg Creek shall be replaced in accordance with the Strasburg Creek Flood Control Environmental Assessment (Stantec). Construction is intended to coincide with other works in the area to minimize disturbance tothe creek. 3.Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. 2 - 77 DSD-20-179 Appendix C ȃʹͶ ȃ a)A detailed stormwater management report in accordance with the 2003 Ministry of the Environment Report entitled "Stormwater Management Planning and Design Manual", the Alder Creek Watershed Study and the Upper Strasburg Creek Subwatershed Study update, andin keeping with the Preliminary SWM report and addendums Stantec dated b) A detailed Lot Grading, Servicing and Storm Drainage Plan. The Lot Grading Plan must illustrate the location of the existing and Proposed Regulatory Floodline as well as the location of community trails. The Servicing Plan should incorporate the final Middle Strasburg sanitary sewer alignment as approved in the Class Environmental Assessment or approved modifications. c)An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized, and silt maintained on-site throughout all phases of grading and construction. d)The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit from the GRCA prior to prior to any development within areas regulated under Ontario Regulation 150/06. 4.The Fischer-Hallman Road culvert at Strasburg Creek is replaced as per the recommendations of the Strasburg Creek Flood Control EA (Stantec). Construction will occur in conjunction with the installation of the sanitary sewer and the widening of Fischer-Hallman Road and any other works in the area in order to minimize disturbance to the creek. 5.The SUBDIVIDER agrees to provide an overland flow route from the wetland in the southeast corner of Block 5, Stage 9 to a suitable outlet to the satisfaction of the GRCA. 6.The SUBDIVIDER agrees to provide a detailed water balance information showing how infiltration targets will be met to the satisfaction of the GRCA. 7.The SUBDIVIDER agrees to provide an erosion analysis and mitigation strategy for Strasburg Creek to the satisfaction of the GRCA. A peer review may be requested, to be paid for by the proponent. 8.A short term and long-term monitoring and maintenance plan for all of the infiltration facilities, on public and private lands, with access available to the City, will be provided to the satisfaction of the GRCA. 9.A monitoring plan to assess the performance of the cooling trench, including flow and water temperature, will be provided to the satisfaction of the GRCA. 2 - 78 DSD-20-179 Appendix C ȃʹͷ ȃ 10.A pre, during and post construction monitoring program and reporting as outlined in the Environmental Impact Study will be provided. Remedial measures will be outlined the monitoring program and implemented if needed. 11.Grading associated with the northern stormwater management facility must becompleted prior to servicing and/or registration of the plan to ensure the floodplain of Strasburg Creek is contained with the stormwater management facility. 5. CLEARANCE CONDITIONS 1.That prior to the signing of the final plan by of Kitchener is to be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1 to 3.26 have been carried out to the satisfaction of the Regional Municipality of Waterloo.The clearance letter from the Region shall include a brief but complete statement detailing how each condition has been satisfied. 2. Director shall be advised by Kitchener-Wilmot Hydro that Condition 2.2.5 and 2.2.7 has been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 3.anning, the Director shall be advised by the telecommunication companies (Bell, Rogers) that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law 09-024 are applicable. Registry Act 2.The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address, and phone number. Regional Fees 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 09-003, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. 2 - 79 DSD-20-179 Appendix C ȃʹ͸ ȃ P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of 30T-12201. Identification of Applicable Planning Act 5.This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O.1990, as amended by S.O.2006, c.23 (Bill 51). Unobstructed Access to Units 6. The owner/developer is responsible to ensure that each dwelling unit has unobstructed access at grade or ground level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: i)direct access on the lot without passing through any portion of the dwelling unit; or, ii)direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or, iii)access over adjacent lands which, if the lands are not owned by the City of Kitchener or the Regional Municipality of Waterloo, are secured by a registered easement prior to final approval of the subdivision plan. Regional Servicing Agreement 7. The owner/developer 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 and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Servicesto 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, 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. Registration Release 8. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been 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 year-end where the owner has failed to submit the appropriate documentation by this date. 2 - 80 DSD-20-179 Appendix C ȃʹ͹ ȃ Airport Zoning 9.a)The Owner is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulationsissued 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 ordeveloped 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. aware 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. 9.b)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 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. Final Plans 10.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 applicable clearance agencies that the necessary arrangements have been made, the Manager of Development Registry Office for registration. The following is required for registration and under The Registry Act and for our use: Oneoriginal mylar fourmylar copies fourwhite paper prints 2 - 81 DSD-20-179 Appendix C 2 - 82 DSD-20-179 Appendix D 2 - 83 DSD-20-179 Appendix D 2 - 84 DSD-20-179 Appendix D 2 - 85 DSD-20-179 Appendix D 2 - 86 DSD-20-179 Appendix D 2 - 87 DSD-20-179 Appendix D 2 - 88 DSD-20-179 Appendix E 2 - 89 APPENDIX F: Notice of the Planning & Strategic Initiatives Committee Meeting (December 7, 2020) PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED MODIFICATION TO A DRAFT APPROVED PLAN OF SUBDIVISON, OFFICIAL PLAN AMENDMENT & AMENDMENT TO THE KITCHENER ZONING BY-LAW UNDER THE SECTIONS 17, 22, 34 and 51(44) OF THE PLANNING ACT 1255-1291 Fischer Hallman Road Max Becker Enterprises is proposing to modify an approved Draft Plan of Subdivision together with Official Plan and Zoning By-law Amendments for the lands located within the Rosenberg Secondary Planning Community to reflect refinement in the design for a plan of subdivision containing a range of residential, parks, and open space uses. Site specific zoning regulations will also apply to the subject lands. In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronic public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Monday, December 7, 2020 at 7:00 p.m. (live-stream video available at kitchener.ca/watchnow) If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted proposal you may register as a delegation at kitchener.ca/delegationsor by contacting Legislated Services at th 519-741-2200 ext. 2203 by no later than 4:00 p.m. on November 16, 2020. A confirmation email and instructions for participating in the meeting electronically with be provided once your registration is received. If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATIONis available by contacting the staff person noted below or by viewing the report contained in the meeting agenda (posted 10 days beforethe meeting at www.kitchener.ca-click on the date in the Calendar of Events and select the appropriate committee). Juliane vonWesterholt, Senior Planner -519-741-2200 ext. 7157 (TTY: 1-866-969-9994); juliane.vonwesterholt@kitchener.ca 2 - 90