HomeMy WebLinkAboutDSD-2021-67 - ZBA20/006/R/KA - Modification to Draft Plan of Subdivision 30T-10202i
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REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 14, 2021
SUBMITTED BY: Bustamante, Rosa - Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Dumart, Craig — Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: May 4, 2021
REPORT NO.: DSD -2021-67
SUBJECT: Modification to Draft Approved Plan of Subdivision 30T-10202
Zoning By-law Amendment ZBA20/006/R/KA
Plan 591 PT Lot 9 RP 58R-19978 PARTS 1 to 3, Rivertrail Avenue
Rockway Holdings Ltd.
RECOMMENDATIONS:
That Zoning By-law Amendment Application ZBA20/006/R/KA for Rockway Holding Ltd. be
approved in the form shown in the "Proposed By-law", and "Map No. 1", attached to Report
DSD -2021-67 as Appendix "A"; and,
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-10202, in the City of Kitchener, for
Rockway Holdings Ltd., as attached to Report DSD 2021-067 as Appendix `B'; and,
That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment Application
ZBA20/006/R/KA;
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation to approve
the Subdivision Modification and Zoning By-law Amendment applications for subject lands
located within Stage 5 of Draft Approved Plan of Subdivision 30T-10202. The applications
propose to transfer density from Stage 5 of Draft Approved Plan of Subdivision 30T-10202 to
Block 214 in Plan of Subdivision 30T-10202, 239 Eden Oak Trail (DSD -2021-91).
Community engagement included:
o circulation of a preliminary notice letter to owners of property within 120m of the
subject site;
o installation of notice signage on the property;
o follow up one-on-one correspondence with members of the public;
o notice letter advising of the public meeting was circulated to all property owners within
120 metres of the subject site, those who responded to the preliminary circulation;
and,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
o notice of the public meeting was given in The Record on May 21, 2021.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
Rockway Holdings Ltd, the owner of the subject lands, is proposing to modify Stage 5 of the draft
approved Plan of Subdivision 30T-10202 and to change the zoning of the lands to allow the site to
be developed with 92 single detached dwellings, 75 street -fronting townhouse dwellings, a 2.05
hectare park and new local streets.
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Figure 1 - Location Map: Stage 5 of Draft Approved Subdivision 30T-10202
BACKGROUND:
The Grand River Flats Subdivision (30T-10202) was originally draft approved by City of Kitchener
Council together with the implementing zoning and Official Plan designations in 2012. The
subdivision represents a well-designed, contemporary subdivision having a mix of residential
dwelling types including low, and medium density forms of housing, storm water management pond,
park spaces, open spaces, and a connection to the Walter Bean Trail. Since 2012, the subdivision
has undergone four minor modifications to the Draft Plan of Subdivision to consolidate stages and
to change the boundaries of stages. The most recent minor modification in 2017 split Stage 4 into
Stages 4 and 5. Stage 1 - 4 are registered and Stage 5 is the last remaining stage of the Plan of
Subdivision that is not registered.
Figure 2 — 30T-10202 Draft Plan of Subdivision.
The subject lands are located within Stage 5 of the draft approved Plan of Subdivision 30T-10202
which is the vacant parcel of land with frontage along Rivertrail Avenue towards the north end of the
Grand River Flats Subdivision. Stage 5 of the subdivision includes 9.66 hectares of land which is
draft approved and zoned for a low-rise multiple residential development with 243 multiple dwelling
units (low-rise apartments and/or townhouses) and 27 single detached dwelling units, a 2.03 hectare
park and one cul-de-sac.
REPORT:
The owner is proposing to modify Stage 5 of the draft approved Plan of Subdivision 30T-10202 and
to change the zoning of the subject lands to allow the site to be developed with 92 single detached
dwellings, 75 street -fronting townhouse dwellings, a 2.05 hectare park and new local streets. This
proposed modification results in a decrease of 103 less dwelling units in Stage 5 than originally
planned for this stage of the subdivision. The overall number of units planned for subdivision is
planned to remain relatively the same through transferring allocated dwelling units from Stage 5 to
Block 214 of Stage 3 of the subdivision (239 Eden Oak Trail, DSD -2021-91) through
ZBA/20/005/E/KA which proposes an increase the number of planned units from 162 units up to 276
units.
To facilitate the modification to Stage 5 of Draft Plan of Subdivision 30T-10202, the owner is
proposing the following zoning to apply to subject lands a detailed below in table 1. and figure 2.
Table 1. Proaosed Zone Cateaories
Zoning
R-4 (Residential Four
Zone), 597R*
R-6 (Residential Six
Zone), 597R*
OSR-2 (Open
Space
Recreation)
NHC -1
(Natural
Heritage
Conservation)
Uses
• Single -detached
• Single -detached
• Active &
• Natural
dwellings
dwellings
passive
Heritage
• Semi-detached
• Semi-detached
recreational
Conservation
dwellings
dwellings
uses (e.g
. Flood
• Duplexes
• Duplexes
playgrounds,
protection
• Lodging House
• Street -fronting
trails, sports
works
• Home Business
townhouse
field)
• Low-rise Multiple
dwelling (e.g. cluster
townhouse)
• Lodging House
• Home Business
*Special Regulation 597R prohibits geothermal wells.
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Figure 3: Proposed zoning and modified plan for stage 5.
Staff is supportive of the proposed subdivision modification and Zoning By-law Amendment.
Planning Analysis:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. The PPS sets out policies to consider in order to
sustain healthy, liveable and safe communities. The PPS promotes efficient development and land
use patterns, including an appropriate mix of affordable and market-based residential dwelling types,
while supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit -supportive development, and
infrastructure planning to achieve cost-effective development patterns, optimization of transit
investments, and standards to minimize land consumption and servicing costs.
To support provincial policies relating to the optimization of infrastructure, transit and active
transportation, the proposed designation and zoning facilitate a compact form of development which
efficiently uses the lands, is in close proximity to public transit (GRT Route 23), and makes efficient
use of both existing roads and active transportation networks. The lands are serviced and are in
proximity to parks, trails and other community uses. Provincial policies are in support of providing
a broad range of housing. The proposed subdivision modification and Zoning By-law amendment
will permit a range of single detached dwellings and street -fronting townhouse dwellings.
With respect to provincial policies regarding public health and safety, the Grand River Conservation
Authority (GRCA) has confirmed that the subject lands are located outside of the adjacent corrected
effective floodplain area, and safe access will be preserved. Planning staff is of the opinion that the
applications are consistent with the PPS for health and safety matters.
Planning staff is of the opinion that the proposed applications are consistent with the PPS as they
will facilitate the development of the subject lands with a mix of housing styles including single
detached, and street -front townhouses. A variety of high-quality, publicly accessible park spaces
and recreation features support a healthy and active community. Planning staff are of the opinion
that the requested applications are consistent with the policies and intent of the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. To support the achievement of complete communities, the Growth
Plan outlines that municipalities will consider the use of available tools to require that multi -unit
residential developments incorporate a mix of unit sizes to accommodate a diverse range of
household sizes and incomes. The Growth Plan requires a minimum of 50 residents and jobs per
hectare within areas designated Urban Designated Greenfield Area. Municipalities must support
housing choice through the achievement of the minimum intensification and density targets by
identifying a diverse range and mix of housing options and densities, to meet projected needs of
current and future residents.
The subject lands are located within the City's Urban Designated Greenfield Area, an area within
the Settlement Boundary that is designated for growth. The proposed subdivision modification and
Zoning By-law amendment will help the City achieve its density targets. The proposed subdivision
modification and zoning will support and provide housing options that will help make efficient use of
infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications
conform to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Urban Designated Greenfield Areas in the ROP.
This neighbourhood provides for the physical infrastructure and community infrastructure to support
the proposed residential development, including transportation networks, municipal drinking -water
supply and wastewater systems, and a broad range of social and public health services. Regional
policies support the development of complete communities having development patterns and
densities that support walking, cycling and transit. The ROP requires a minimum density of 55
people and jobs per hectare in greenfield areas — the proposed plan provides for 57 people and jobs
per hectare. Regional policies require Area Municipalities to plan for a range of housing in terms of
form, tenure, density and affordability to satisfy the various physical, social, economic and personal
support needs of current and future residents. Regional staff have indicated that they have no
objections to the proposed applications (Appendix `C'). Planning staff are of the opinion that the
applications conform to the Regional Official Plan.
City of Kitchener Official Plan:
Urban Area and Countryside
The subject lands are Designated Greenfield Area on Map 1 of the City of Kitchener's Official Plan.
Designated Greenfield Areas have a minimum density target of 55 residents and jobs combined per
hectare.
Urban Structure
The subject lands are located within the `Community Areas' and `Green Areas' in the City's Urban
Structure (Map 2). The residential portion of subject lands is within the "Community Areas" on Map
2 of the Official Plan. 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.
The portion of the subject lands proposed as parks and open space is within the "Green Areas" on
Map 2 of Official Plan. Green Areas are intended to protect and conserve the ecological functions
and features and provide recreation.
Land Use Designation
The subject lands are designated Low Rise Residential and Open Space (Map 3) in the 2014 Official
Plan. The Low Rise Residential land use designation permits a full range of low density housing
types which may include single detached dwellings, semi-detached dwellings, street townhouse
dwellings, and low-rise multiple. The Low Rise Residential land use designation considers a Floor
Space Ratio up to 0.75 and allows a maximum building height of 3 storeys or 11 metres.
The Open Space land use designation provides for a comprehensive and connected open space
system of parks and trails, a buffer between land uses, and increase the opportunities for recreation
and general enjoyment of an area while having regard for the City's natural areas.
Housing
The City's primary objective with respect to housing is to provide for an appropriate range, variety
and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing
needs of our community through all stages of life. The proposed Zoning By-law Amendment and
Modification to the Draft Plan of Subdivision continues to provide for a range of dwelling units
available in the city as lot areas, lot depths, and lot widths vary in size which will provide a range of
dwellings that will vary in size and number of bedrooms. The development is contemplated to include
a range of unit types including single detached dwellings and street fronting townhouses.
Policy Conclusion
Planning staff are of the opinion that the proposed Zoning By-law Amendment and Modification to
Draft Plan of Subdivision 30T-10202 are consistent with policies of the Provincial Policy Statement,
conform to the Growth Plan for the Greater Golden Horseshoe and to the Regional Official Plan and
the City of Kitchener Official Plan, and represents good planning.
Proposed Zoning By-law Amendment:
The subject lands are currently zoned Residential Six Zone (R-6) with Special Regulation Provision
597R, Residential Four Zone (R-4) with Special Regulation Provision 597R, Residential Three Zone
(R-3) with Special Regulation Provisions 1 R and 597R in Zoning By-law 85-1 and Zoned Open
Space: Greenways (OSR-2) and Natural Heritage Conservation (NHC-1) in Zoning By-law 2019-
051.
The applicant has requested an amendment to Zoning By-law 85-1 and Zoning By-law 2019-051 to
change the zoning on the lands as follows (and further detailed and shown on Map No.1):
Area 1: From Residential Six Zone (R-6) with Special Regulation Provision 597R to
Residential Four Zone (R-4) with Special Regulation Provision 597R.
Area 2: From Open Space: Greenways (OSR-2) to Residential Four Zone (R-4) with Special
Regulation Provision 597R.
Area 3: From Residential Three Zone (R-3) with Special Regulation Provision 1 R and Special
Regulation Provision 597R to Residential Four Zone (R-4) with Special Regulation
Provision 597R.
Area 4: From Residential Four Zone (R-4) with Special Regulation Provision 597R to
Residential Six Zone (R-6) with Special Regulation Provision 597R.
Area 5: From Residential Six Zone (R-6) with Special Regulation Provision 597R to Open
Space: Greenways (OSR-2).
Area 6: From Residential Three Zone (R-3) with Special Regulation Provision 1 R and Special
Regulation Provision 597R to Open Space: Greenways (OSR-2).
Area 7: From Residential Three Zone (R-3) with Special Regulation Provision 1 R and Special
Regulation Provision 597R to Natural Heritage Conservation (N HC -1).
Area 8: From Open Space: Greenways (OSR-2) to Natural Heritage Conservation Zone
(NHC-1).
Special Regulation 597R which prohibits geothermal wells continues to apply to all residential zones.
Proposed Modifications to Draft Approved Plan of Subdivision:
Rockway Holdings Ltd. is proposing to modify the draft approved Plan of Subdivision 30T-10202.
Council has delegated approval authority for modifications to staff. However, as the proposed
modification is associated with a Zoning Bylaw Amendment, which requires Council approval, staff
have elected to include the proposed modification as part of the overall approvals (although they
could be approved at a staff level).
The modification to the draft approved Plan of Subdivision 30T-10202 applies to Stage 5 only. Stages
1-4 are registered, and Stage 5 is the last remaining stage of the Plan of Subdivision that is not
registered and remains draft approved. The original draft approved plan for Stage 5 shows the
subject lands zoned for a low-rise multiple residential development with 243 multiple dwelling units
(low-rise apartments and/or townhouses) and 27 single detached dwelling units, a 2.03 hectare park
and one cul-de-sac(Figure 4). The Subdivider is now proposing Stage 5 to be developed with 92
single detached dwellings, 75 street -fronting townhouse dwellings, a 2.05 hectare park and new local
streets (Figure 5).
As discussed in the background section of the Report, this modification will result in lower densities
in Stage 5 than originally planned for this stage of the subdivision. The overall number of units
planned for the subdivision, however, is proposed to remain the same by transferring a portion of
the allocation of dwellings units from Stage 5 to Block 214 of Stage 3 of the subdivision (239 Eden
Oak Trail, DSD -2021-91) through ZBA/20/005/E/KA which proposes to increased the number of
planned units 162 units to 276 units.
Staff are of the opinion that the proposed street layout and lotting is appropriate for the development
of the lands. Staff are supportive of the proposed modifications to the draft approved plan.
The conditions of draft approval are provided in Appendix `B'. Bolding denotes modified wording and
an asterisk indicates conditions which have been revised and/or new conditions. Most of the modified
conditions require changes for administrative reasons to reflect: revised dates; changes to lot/block
numbering; and, updates due to technical and procedural matters.
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Figure 4. — Stage 5 Draft Approved Plan of Subdivision 30T-10202
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The following condition has been deleted (and is shown with a strikethrough) as it is no longer
required or relevant:
4.26 Regional, and Grand River Conservation Authority Conditions and Notes in Sections
3, 4 and 6 have been updated as required by the relevant review authority.
The following conditions have been added:
4.27 Requires the subdivider to replace the undersized sanitary sewer that was installed
through Storm Water Management Block 1, during servicing for Stage 2.
2.2.36 Requires the subdivider to merge all or part of Lot 21, 58M-597 with the Stage 5 lands
to provide for adequate road right-of-way width.
Department and Agency Comments:
Preliminary circulation of the Zoning By-law Amendment and the proposed Modification to the Draft
Plan of Subdivision was undertaken on June 16, 2020 to applicable City departments and other
review authorities. No major concerns were identified by any commenting City department or
agency. Additional consideration will be addressed through the site development approval process.
Copies of comments are found in Appendix `D' of this report.
The following reports and studies were considered as part of this proposed Zoning By-law
Amendment and Modification to the Draft Plan of Subdivision:
• Planning Justification Report
Prepared by: GSP Group, March 2020
• Neighbourhood Design Brief
Prepared by: GSP Group, March 2020
• Functional Servicing Report
Prepared by: Walterfedy, March 12, 2020
• Geotechnical Investigation
Prepared by: GHD, January 17, 2020
• Noise Study
Prepared by: HGC Engineering, March 10, 2020
Community Input & Staff Responses
Staff received two written responses from two households with respect to the proposed
development. These may be found in Appendix `E'. A summary of what we heard, and staff
responses are noted below.
Comment
Staff Response
What are the proposed grades of
While the grading plans have not yet been approved, the
the lots and how will the grades of
lots behind River Ridge Street are proposed to match the
the lots affect my property?
existing grade at the mutual property line and will be
graded to more gently slope towards the centre of Stage 5
lands. Fill will be added to raise the centre of the Stage to
the elevation of Rivertrail Avenue. The lots behind River
Ridge Street will have a slope of about 2.5% towards the
new proposed street, which will have an effect of a
decrease in elevation of approximately 3 metres (1 storey)
from the rear of River Ridge Street properties (the top of
the slope) to the frontage of the new lots (along the
proposed street).
At this point, the applicant has applied for approval of the
modification to the plan and the zoning, and the proposal is
When will construction begin?
under review by the City. After City Council makes a
decision on the application, the applicant could begin to
finalize lans and start construction.
Planning Conclusions
In considering the foregoing, staff are supportive of the Zoning By-law Amendment and modification
to Draft Approved Plan of Subdivision 30T-10202. Staff is of the opinion that the subject applications
are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for
the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan
and represent good planning. Staff recommends that the applications be approved.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the City's strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting. Notice signs were posted on the property and information regarding
the application posted to the City's website in the summer of 2020. Following the initial circulation
referenced below, an additional courtesy notice of the public meeting was circulated to all property
owners within 120 metres of the subject lands, those responding to the preliminary circulation and
Notice of the Public Meeting was posted in The Record on May 21, 2021 (a copy of the Notice may
be found in Appendix `C').
CONSULT — The proposed Zoning By-law Amendment and Major Subdivision Modification were
originally circulated to property owners within 120 metres of the subject lands on June 19, 2020. In
response to this circulation, staff received written responses from 2 households, which are included
in Appendix `E'.
PREVIOUS REPORTS/AUTHORITIES:
• CSD -12-002, Draft Plan of Subdivision 30T-10202, Zone Change Application
ZC10/08/Z/KA
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Regional Official Plan
• City of Kitchener Zoning By-law 85-1
• City of Kitchener Zoning By-law 2019-051
• City of Kitchener Official Plan, 2014
APPROVED BY: Readman, Justin - General Manager, Development Services
APPENDIX&
Appendix A
— Proposed Zoning By-law Amendment
Appendix B
— Proposed Conditions of Draft Plan Approval, and Modified Draft Plan
Appendix C
— Newspaper Notice
Appendix D
— Department and Agency Comments
Appendix E
— Public Comments
DSD -2021-067 Appendix "A"
PROPOSED BY — LAW
2021
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1 and 2019-051, as
amended, known as the Zoning By-law for the City of Kitchener
— Rockway Holdings Limited — Pt. Lot 9, Plan 591 being Parts 1 to
3, 58R-19978 - Rivertrail Avenue.)
WHEREAS it is deemed expedient to amend By-law 85-1 and 2019-051 for the lands
specified above;
follows:
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Schedule Numbers 270 and 271 of Appendix "A" to By-law Number 85-1 are hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Six Zone (R-6) with
Special Regulation Provision 597R to Residential Four Zone (R-4) with Special Regulation
Provision 597R.
2. Schedule Numbers 270 and 271 of Appendix "A" to By-law Number 2019-051 are hereby
amended by removing therefrom the lands specified and illustrated as Area 2 on Map No. 1, in
the City of Kitchener, attached hereto, shown as Open Space: Greenways Zone (OSR-2).
3. Schedule Numbers 270 and 271 of Appendix "A" to By-law Number 85-1 are hereby amended
by adding thereto the lands specified and illustrated as Area 2 on Map No. 1, in the City of
Kitchener, attached hereto, and by zoning the Area 2 lands thereafter as Residential Four Zone
(R-4) with Special Regulation Provision 597R.
4. Schedule Numbers 271 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) with
Special Regulation Provision 1 R and Special Regulation Provision 597R to Residential Four
Zone (R-4) with Special Regulation Provision 597R.
DSD -2021-067 Appendix "A"
5. Schedule Number 271 of Appendix "A" to By-law Number 85-1 is hereby amended by changing
the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, in
the City of Kitchener, attached hereto, from Residential Four Zone (R-4) with Special Regulation
Provision 597R to Residential Six Zone (R-6) with Special Regulation Provision 597R.
6. Schedule Number 271 of Appendix "A" to By-law Number 85-1 is hereby amended by removing
therefrom the lands specified and illustrated as Area 5 on Map No. 1, in the City of Kitchener,
attached hereto, shown as Residential Six Zone (R-6) with Special Regulation Provision 597R.
7. Schedule Number 271 of Appendix "A" to By-law Number 2019-051 is hereby amended by
adding thereto the lands specified and illustrated as Area 5 on Map No. 1, in the City of
Kitchener, attached hereto, and by zoning the Area 5 lands thereafter as Open Space:
Greenways Zone (OSR-2).
8. Schedule Numbers 271 and 292 of Appendix "A" to By-law Number 85-1 are hereby amended
by removing therefrom the lands specified and illustrated as Area 6 on Map No. 1, in the City of
Kitchener, attached hereto, shown as Residential Three Zone (R-3) with Special Regulation
Provision 1 R and Special Regulation Provision 597R.
9. Schedule Numbers 271 and 292 of Appendix "A" to By-law Number 2019-051 are hereby
amended by adding thereto the lands specified and illustrated as Area 6 on Map No. 1, in the
City of Kitchener, attached hereto, and by zoning the Area 6 lands thereafter as Open Space:
Greenways Zone (OSR-2).
10. Schedule Number 292 of Appendix "A" to By-law Number 85-1 is hereby amended by removing
therefrom the lands specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener,
attached hereto shown as Residential Three Zone (R-3) with Special Regulation Provision 1 R
and Special Regulation Provision 597R.
11. Schedule Number 292 of Appendix "A" to By-law Number 2019-051 is hereby amended by
adding thereto the lands specified and illustrated as Area 7 on Map No. 1, in the City of
Kitchener, attached hereto, and by zoning the Area 7 lands thereafter as Natural Heritage
Conservation Zone (NHC-1).
12. Schedule Number 270 of Appendix "A" to By-law Number 2019-051 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 8 on Map
DSD -2021-067 Appendix "A"
No. 1, in the City of Kitchener, attached hereto, from Open Space: Greenways (OSR-2) to
Natural Heritage Conservation Zone (NHC-1).
13. Schedule Numbers 270, 271 and 292 of Appendix "A" to By-law Numbers 85-1 and 2019-051
are hereby further amended by incorporating additional zone boundaries as shown on Map No.
1 attached hereto.
PASSED at the Council Chambers in the City of Kitchener this day of
2021
Mayor
Clerk
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Appendix "13-1": Modified Conditions of Draft Approval
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 plan and
conditions of draft approval for Plan of Subdivision Application 30T-10202, in the City of
Kitchener, for Rockway Holdings Ltd, so that the conditions of draft approval read as
follows (asterisk indicates revised and/or new conditions and bolding denotes modified
wording):
*1. That this approval applies to Plan of Subdivision 30T-10202 for Rockway Holdings Limited
as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated
December 30, 2011 and last revised May 4, 2021, which shows the following:
Stage 1
58M-560
Lots 1-20
Blocks 21-22
Stage 2
58M-575
Lots 1-62,
77- 91, &
117-120.
Lots 63-76,
92-116, &
121-148.
Block 149
Block 150
Blocks 151-152
Blocks 153-158
58M-576
Block 1
Stage 3
58M-597
Lots 1-38,
46-50,
100-133,
141-145, &
159-213.
Lots 39-45,
51-99
134-140, &
146-158.
Block 214
Blocks 215-217
Block 218
Blocks 219-225
Stage 4
58M-605
Single Detached Residential
0.3 m Reserve
Single Detached Residential
Street -fronting Townhouse
Multiple Residential
Park
Walkway
0.3 m Reserve
Stormwater Management Pond
Single Detached Residential
Street -fronting Townhouse
Multiple Residential
Park
Open Space/SWM
0.3 m Reserve
20 units
82 units
67 units
92 units
137 units
76 units
162 units
Lots 1-118 Single Detached Residential 118 units
Block 119 Park
Blocks 120-122 0.3 m Reserve
*Stage 5
Lots 1-92
Single Detached Residential 92 units
Blocks 83-97
Street -fronting Townhouse 75 units
Block 98
Walkway
Block 99
Open Space/Trail
Block 100
Park
Block 101
Open Space
*Total Units: 921 units
2. CITY OF KITCHENER CONDITIONS:
*2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as
approved by City Council, respecting those lands shown outlined on the attached Plan of
Subdivision dated December 30, 2011, and last revised May 4, 2021 which shall contain
the following special conditions:
Part 2 — Prior to Grading
2.7 When the accepted Area Grading, Erosion and Siltation Control Plan
requires cut or fill, it shall be incumbent upon the SUBDIVIDER to recognize
the details of the soil conditions for the lots and blocks and to take all steps
necessary to make the lots and blocks adequate for foundations.
Therefore, immediately following area grading, the SUBDIVIDER shall
submit to the satisfaction of the CITY'S Chief Building Official, soils and
engineering reports prepared by a qualified Geotechnical Engineer, which
shall contain the following:
a) Details of such grading operations, including specifically areas containing
structural fill, and a summary sheet and plan designating all lots and
blocks within the registered plan in the following categories:
i) lots and blocks with proposed footing elevations in native undisturbed
soil;
ii) lots and blocks with proposed footing elevations in/on structural fill
material, placed under supervision and tested to determine that adequate
bearing capacity was achieved;
iii) lots and blocks with proposed footing elevations in/on structural fill
material, which requires further testing by a qualified geotechnical
engineer prior to the footings being poured; and
iv) proposed footing elevations are defined as a minimum of 1.2 metres
below the proposed finished grade as shown on the approved Lot
Grading Control Plan.
b) In clauses ii) and iii) above, plans shall be provided illustrating the limits
of the structural fill material placed if it is less than the total lot or block
area; and,
C) No building permits shall be available for those lots and/or blocks in the
affected stage until the required soils report has been submitted to the
CITY'S Chief Building Official, a reasonable time for review has
transpired and the SUBDIVIDER has submitted to the CITY'S Chief
Building Official a detailed list specifying the affected lots or blocks,
arising out of the summary sheet provided in clause a) above.
Further, the SUBDIVIDER agrees to submit an engineering report to the
satisfaction of the CITY's Chief Building Official and the CITY's Director of
Engineering Services prepared by a qualified Engineer, listing the lowest
allowable bottom of footing elevation for all lots and blocks, the minimum
separation being 0.6 metres above seasonally high groundwater level
and/or perched aquifer elevation. As part of the engineering report details,
the SUBDIVIDER shall demonstrate the difference of elevation between
groundwater elevations to the underside of footing elevations based on a
minimum two year groundwater elevation monitoring.
In addition, the SUBDIVIDER agrees to submit a detailed Hydrological
Investigation Report that provides information on the existing perched
groundwater to the satisfaction of the CITY's Director of Engineering and
the CITY's Chief Building Official. This report shall include
recommendations for house construction within areas of perched
groundwater, and shall give details and recommendations for at -source
infiltration under current site conditions.
Where lots are proposed in areas with perched groundwater, a qualified
geotechnical engineer shall provide the minimum underside of footing
elevation for those lots on the Lot Grading Plans. A letter is required from
the qualified geotechnical engineer certifying that the minimum elevations
are correct to the satisfaction of the City's Director of Engineering.
Groundwater collection systems may not be used to lower groundwater
elevations within this plan of subdivision.
2.8 a) In consideration of the wooded character of the subdivision lands and the
CITY's desire to minimize the impact of development on treed areas worth
retaining, the SUBDIVIDER agrees to submit a Detailed Vegetation Plan
and to obtain approval from the CITY's Director of Planning. The Detailed
Vegetation Plan shall also include the lands which may be impacted by the
stormwater outlet channel, located downstream of the Fairway Road North
extension culvert crossing.
b) The SUBDIVIDER shall provide a digital copy of the approved Detailed
Vegetation Plan showing the approved grading, to the CITY's Director of
Planning.
c) The SUBDIVIDER shall implement all approved measures for the
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protection of isolated trees, tree clusters and woodlands as approved in the
Detailed Vegetation Plan and to provide written certification from the
SUBDIVIDER's Environmental Consultant to the CITY's Director of Planning
that all protection measure have been implemented and inspected, in
accordance with the CITY's Tree Management Policy.
d) The SUBDIVIDER shall prepare a Landscape Plan (Restoration and
Compensation Planting Plan) that is prepared in coordination with Grading
Plan and taking into consideration the design for the stormwater outlet
channel, located downstream of the Fairway Road North extension culvert
crossing, to the satisfaction of the CITY's Director of Planning and Director
of Engineering in consultation with the Regional Municipality of Waterloo
and the Grand River Conservation Authority. The Landscape Plan must be
verified/cross-signed by the SUBDIVIDER's Engineering Consultant and the
Grading Plan must be verified/cross-signed by the SUBDIVIDER's
Landscape Architect.
2.11 Prior to commencing any grading, the SUBDIVIDER shall sign a CITY
Standard Residential Subdivision Agreement and the agreement shall be
registered against title of the subdivision lands.
2.12 Prior to grading or registration, whichever shall occur first, the SUBDIVIDER
shall surrender their pit licence to the Ministry of Natural Resources. A copy
of the Ministry's letter notifying the licensee of acceptance of the licence
surrender shall be submitted to the satisfaction of the CITY's Director of
Planning and the Regional Municipality of Waterloo. In addition, the
SUBDIVIDER shall provide a letter to the satisfaction of the CITY's Director
of Planning and the Regional Municipality of Waterloo confirming that all
activities associated with the pit have ceased.
2.13 Prior to grading of Stage 2, the SUBDIVIDER shall submit a detailed
grading plan illustrating that all proposed residential lots are located above
the regulatory floodline and flood elevations, to the satisfaction of the CITY's
Director of Engineering
2.14 Prior to Grading or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit, obtain approval of and implement a
detailed monitoring program to evaluate the performance of infiltration
galleries (including pre -construction and post -construction phases) and to
identity if the required water balance is met, to the satisfaction of the CITY's
Director of Engineering Services in consultation with the Regional
Municipality of Waterloo and the Grand River Conservation Authority.
2.15 Prior to Grading or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit an Infiltration Contingency Plan to the
satisfaction of the CITY's Director or Engineering Services in consultation
with the Regional Municipality of Waterloo and the Grand River
Conservation Authority.
Any infiltration gallery proposed to be located within Block 119 (Stage 4),
being a park block, shall be limited to a maximum size of 400m2.
2.16 Prior to Grading or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit, obtain approval of and implement a
detailed monitoring program to evaluate the outlet channel stormwater
discharge and sediment loading, to the satisfaction of the CITY's Director of
Engineering Services and the Director of Planning in consultation with the
Regional Municipality of Waterloo and the Grand River Conservation
Authority.
Part 3 - Prior to Servicing
3.7 The SUBDIVIDER shall warrant and guarantee and hereby warrants and
guarantees all works and services provided for in Section 1.4 against all
defects of material and workmanship for a period of 24 months from its
completion and acceptance. Acceptance of all services set out in Section
1.4 shall be in writing by the CITY'S Director of Engineering Services or the
Engineer of HYDRO under whose control and management the work falls.
Underground works, up to and including the first course of asphalt, will be
accepted separately from above ground works. Each above ground work
may be accepted on a street by street basis.
3.10 The SUBDIVIDER agrees to pay to the CITY'S Director of Engineering
Services, an administration fee, of a percentage amount of the value of the
cost of the public services, as determined by the CITY'S Director of
Engineering Services, for the approval of engineering drawings. The said
percentage amount of the fee shall be as prescribed by Council from time to
time. Fifty (50%) per cent of the fee is to be paid prior to the first submission
of engineering drawings with the balance of the fee (50%) being paid prior
to approval of the final set of engineering drawings.
3.17 Prior to the servicing or registration, whichever shall occur first, of each
stage, the SUBDIVIDER shall prepare an On -Street Parking Plan to the
satisfaction of the CITY'S Director of Transportation Planning, in
consultation with the CITY'S Director of Engineering Services, in
accordance with the CITY'S 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 considered in accordance with the
CITY's Policy.
3.18 The SUBDIVIDER shall confirm to the satisfaction of the City's Director of
Engineering Services that the servicing drawings:
a) Do not conflict with preliminary driveway locations and potential
locations for utilities, hydrants or community mail box facilities.
b) Provide that no driveways shall be installed within 1.0m of a street light
pole or hydro pole or where the wheels of a vehicle would pass over any
part of a submersible transformer vault.
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c) Provide that no sewer or water service will be installed within 1.5m of
the centre of proposed submersible transformer vault or within 0.9m of a
proposed electrical service stub and that no fire hydrant will be installed
within 3.Om of a proposed street light pole or hydro pole. The
SUBDIVIDER shall be responsible for ensuring that these separations
are maintained.
d) The location of concrete pads for the placement of the Community Mail
Boxes shall be approved by Canada Post and shall be shown on the
servicing drawings. Said pads are to be poured at the time of curb
and/or sidewalk installation within each Stage of the plan of subdivision.
Should temporary locations be required, the SUBDIVIDER shall work
with Canada Post to determine and provide suitable locations until the
curbs, boulevards and sidewalks are in place in the remainder of the
subdivision.
3.19 Prior to servicing or registration, whichever shall come first, of any Stage
including any portion of any of the streets set out in this paragraph, the
SUBDIVIDER shall prepare a Streetscape Plan for Priority Streets, those
being Eden Oak Trail, Grand Flats Trail, and the adjacent edge of Fairway
Road North, to the satisfaction of the CITY'S Director of Planning, in
consultation with the CITY'S Director of Transportation Planning, CITY'S
Director of Engineering, and the CITY'S Director of Operations. The
Streetscape Plan for Grand Flats Trail within Stage 4 shall also be to the
satisfaction of the City's Coordinator of Heritage Planning. Streetscaping of
this section of Grand Flats Trail shall be in accordance with the view corridor
recommendations of the Heritage Impact Assessment prepared by the
Landplan Collaborative Ltd. date January 25, 2010 and amended February
12, 2010;
The Streetscape Plan shall illustrate a consistent streetscape theme for the
Priority Streets showing:
a) Design and construction details for a centre median boulevards at the
intersection and the centre median of the roundabout at the intersection
of Grand Flats Trail and Eden Oak Trail with preference for low -
maintenance, sustainable plantings and decorative streetscape
elements; and centre median of the roundabout.
b) Design and construction details for traffic calming features including
centre medians, alternate intersection treatments such as a
neighbourhood traffic circles, and traffic calming measures such as
pavement narrowing, curb extensions, centre medians or other;
c) Conceptual gateway features at the Eden Oak Trail and Fairway Road
North intersection;
d) Conceptual street tree planting locations for Grand Flats Trail, Eden Oak
Trail and Fairway Road North;
e) Conceptual locations and type of flankage lot streetscape features, such
as decorative fencing and landscaping between the side yard fencing
and the property line of flankage lots;
f) Potential locations of utilities and transit stops;
The centre medians and traffic calming features shall be installed by the
SUBDIVIDER with the initial road construction.
*3.20 Prior to servicing, on a stage by stage basis, and in the interest of providing
a variation in housing design within lot -less blocks, the SUBDIVIDER agrees
that the Lotting Plan, as required under Section 3.14, for Stage 1 (Lots 1-
20), Stage 2 (Lots 1-62, 77-91 & 117-120 ) Stage 3 (Lots 1-38, 46-50, 100-
133, 141-145, & 159-213), Stage 4 (Lots 1-118), and Stage 5 (Lots 1-92)
shall have a mixture of lot widths. The Lotting Plan for each Stage shall
reflect the provision of priority lots as indicated on the Priority Lotting Plan
required by condition 3.25.
3.21 Prior to Servicing of each stage requiring new stormwater management
facilities, including stormwater management ponds, infiltration galleries and
other related appurtenances, the SUBDIVIDER shall 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 satisfaction of the CITY's Director of Engineering Services.
The Letter of Credit will be released two years after 95% of the pond
catchment area is stabilized (meaning buildings are constructed and
lot/blocks are sodded/vegetated) and the SUBDIVIDER's consulting
engineer has certified the infiltration facilities are functioning as intended
and approved to the satisfaction of the CITY's Director of Engineering
Services.
3.22 Prior to Servicing or Registration, whichever shall come first, the
SUBDIVIDER shall confirm whether decorative street signage and street
lighting will be used to the satisfaction of the CITY'S Director of
Transportation Planning and Kitchener Wilmot Hydro. Should these
decorative elements be utilized, they shall be installed at the appropriate
time frame and to the SUBDIVIDER'S cost, including the provision of a
one-time supply of 10% of the materials for future maintenance
replacement, to the satisfaction of the CITY'S Director of Transportation
Planning and Kitchener Wilmot Hydro.
3.23 Prior to Servicing or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit an operational analysis and functional
design for the roundabout at the intersection of Eden Oak Trail and Grand
Flats Trail, prepared by a qualified roundabout design engineer to the
satisfaction of the CITY's Director of Engineering Services in consultation
with the CITY's Director of Transportation Planning.
3.24 Prior to Servicing or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit a functional design for the implementation of
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bicycle lanes, intersection curb extensions and on -street parking on both
sides of Eden Oak Trail and Grand Flats Trail.
3.25 Prior to Servicing or Registration, whichever shall occur first, on a stage by
stage basis, the SUBDIVIDER agrees to receive final approval of a Priority
Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of
the CITY'S Director of Planning, and for Viewshed Priority Lots in
consultation with the CITY's Coordinator of Cultural Heritage.
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 provision for porches, porticos,
stairs or other projections, horizontal articulation, brick and masonry
style skirting and/or accentuated windows.
e) For Viewshed Priority Lots, being those lots located along Grand Flats
Trail within Stage 3 (Lots 45, 50-71, 123-134, and 141), Stage 4 (Lots
29-33 and 66-93), building elevation drawings shall ensure
consideration has been given to design treatment along the road
frontage including items such as the provision for porches, porticos,
stairs or other projections, horizontal articulation, brick and masonry -
style skirting and/or accentuated windows; and consideration fencing,
landscaping and driveway location.
3.26 a) That prior to Servicing or Registration of Stage 2, whichever shall occur
first, the SUBDIVIDER agrees to complete a Record of Site Condition
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for lands identified as 806 Zeller Drive. Until the Record of Site
Condition has been completed and acknowledged by the Ministry of the
Environment, the CITY will not accept the dedication of Block 153
(Stage 2) and Block 217 (Stage 3) or any road right-of-ways impacted
by Holding Provision 62H. One copy of the completed Record of Site
Condition, together with the Ministry filing acknowledgement letter,
should be forwarded to the satisfaction of the CITY's Director of
Planning.
b) That prior to Servicing or Registration of Stage 2, whichever shall occur
first, the SUBDIVIDER agrees to provide the CITY with one copy of the
completed Record of Site Condition for that portion of the plan referred
to as 658 Zeller Drive (RSC registration #109912), to the satisfaction of
the CITY's Director of Planning.
3.27 Prior to Servicing, the SUBDIVIDER shall submit a Water Servicing Report
that reviews the extent of the lands to be serviced by the municipal water
distribution network to the satisfaction of the CITY's Director of Engineering
in consultation with Kitchener Utilities.
3.28 Prior to Servicing of Stage 2, the SUBDIVIDER shall submit a design to the
satisfaction of the CITY's Director of Engineering Services in consultation
with the Grand River Conservation Authority, the CITY's Director of
Planning and the Regional Municipality of Waterloo, for a sized outlet
channel in Block 1 58M-576 (Stage 2), overland flow channel in Block 218
(Stage 3) and for the outlet channel downstream of the Fairway Road North
extension culvert crossing.
Further, the SUBDIVIDER agrees to construct the outlet channel in Block 1
58M-576 (Stage 2), overland flow channel in Block 218 (Stage 3) and for the
outlet channel downstream of the Fairway Road North extension culvert
crossing together with the construction of the stormwater management
pond.
The SUBDIVIDER agrees to be responsible for all costs associated with the
works described in this clause.
3.29 Prior to Servicing of Stage 2, the SUBDIVIDER agrees to make
arrangements for the construction of the sanitary outlet pipe to the Zeller
Drive Pumping Station to the satisfaction of the CITY's Director of
Engineering Services. This includes, but is not limited to, securing lands for
the pipe and maintenance access roads, and submitting detailed designs for
review and approval.
Further, the SUBDIVIDER agrees to construct the sanitary outlet pipe and
related maintenance access route to the Zeller Drive Pumping Station to the
satisfaction of the CITY's Director of Engineering.
3.30 Prior to or concurrently with the Servicing of Stage 2, the SUBDIVIDER
agrees to submit an infiltration design to meet the site water balance. To
support the design, the SUBDIVIDER shall submit for review a detailed
Geotechnical and Hydrogeological Investigation Report that discusses in
further detail the suitability of soils to support the infiltration measures
proposed, including further soil investigations, to the satisfaction of the
Director of Engineering Services in consultation with the Regional
Municipality of Waterloo and the Grand River Conservation Authority. If
existing soil conditions are not conducive to infiltration in the areas identified
for infiltration, the SUBDIVIDER agrees to replace existing soils with
permeable soils. Any third pipe system proposed to convey roof water to
infiltration facilities may require additional financial arrangements to be paid
for by the SUBDIVIDER for replacement cost of such system. The costs will
be determined during the detailed design stage to the satisfaction of the
Director of Engineering Services.
Any infiltration gallery proposed to be located within Block 119 (Stage 4),
being a park block, shall be limited to a maximum size of 400m2.
3.31 Prior to Servicing of Stage 2 the SUBDIVIDER agrees to provide a Detailed
Stormwater Management Report showing updated catchment areas of
adjacent subdivision 30T-97013. Further, the stormwater management
pond shall be designed to accommodate flooding that may result from the
Grand River reaching levels up to the Regional flood level, to the
satisfaction of the CITY's Director of Engineering in consultation with the
Grand River Conservation Authority.
3.32 a) That prior to Servicing or Registration of Stage 2, whichever occurs first,
the SUBDIVIDER agrees to provide the CITY with either an Access
Agreement or Easement for the stormwater management pond, stormwater
outlet channel, the sanitary outlet pipe and the related maintenance access
route, to the satisfaction of the CITY's Solicitor in consultation with the
CITY's Director of Engineering Services.
b) That prior to Servicing or Registration of Stage 3, whichever occurs first,
the SUBDIVIDER agrees to confirm that lands required for the stormwater
management pond, stormwater outlet channel, the sanitary outlet pipe, and
related maintenance access route have been acquired by the City of
Kitchener in fee simple to the satisfaction of the CITY's Solicitor in
consultation with the CITY's Director of Engineering and Director of
Planning. These lands shall be dedicated to the CITY to the satisfaction of
the CITY's Director of Engineering and CITY Solicitor. All costs associated
with the acquisition, transfer and conveyance of such lands shall be the
responsibility of the SUBIDIVDER.
*3.33 Prior to Servicing or Registration of Stage 5, whichever shall come first, the
SUBDIVIDER shall prepare and receive approval of detailed design
drawings and development budget for the park and trails located on Block
150 (Stage 2), Blocks 215-17 (Stage 3), Block 119 (Stage 4) and Blocks
99- 100 stage 5) prior to servicing or registration of the associated stage, to
satisfaction of CITY'S Director of Operations and the CITY'S Director of
Planning. The design of Block 217 (Stage 3) & Block 119 (Stage 4) should
give consideration maintaining view corridors to the Grand River Valley in
accordance with the recommendations of the Heritage Impact Assessment
prepared by Landplan Collaborative (January, 25 2010 and amended
February 12, 2010).
Further to the detailed park design drawings and development budget for
Block 119 (Stage 4), and in the interest of commemorating the Grand River
as a Canadian Heritage River, the SUBDIVIDER agrees to prepare a
Commemoration Plan outlining the design, location and budget for
construction of commemorative features to the satisfaction of the CITY's
Director of Operations and the CITY's Coordinator, Cultural Heritage
Planning. Such features may include interpretive displays or signage,
together with landscaping to preserve and enhance views and vistas to the
Grand River and the river valley. The SUBDIVIDER shall be responsible for
all costs associated with the design and construction of such
commemorative features.
3.34 Prior to Servicing or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit a Storm Servicing Plan and Sanitary
Servicing Plan which show improved construction standards for storm and
sanitary sewers, including enhanced exfiltration testing criteria stipulating
that test results may NOT be averaged and that no single test may exceed
the exfiltration rates as defined in the City of Kitchener's Subdivision Design
Manual, to the satisfaction of the CITY's Director of Engineering in
consultation with the Regional Municipality of Waterloo.
3.35 Prior to Servicing or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit a Sanitary Servicing Plan which shows
improved construction standards for all individual sanitary connections,
including inspection and testing according to the City of Kitchener's
exfiltration testing criteria, to the satisfaction of the CITY's Director of
Engineering in consultation with the Regional Municipality of Waterloo.
3.36 Prior to Servicing of Stage 2, the SUBDIVIDER agrees to submit design and
construction details for the Temporary Global Pressure Reduction Valves to
the satisfaction of the CITY's Director of Engineering and the Director of
Kitchener Utilities in consultation with the Regional Municipality of Waterloo.
The SUBDIVIDER agrees to be responsible for all costs associated with the
design, installation and construction, maintenance and final removal of the
Temporary Global Pressure Reduction Valves, to the satisfaction of the
CITY's Director of Engineering Services. In addition, the SUBDIVIDER
agrees to be responsible for any maintenance costs incurred by Kitchener
Utilities with respect to the Temporary Global Pressure Reduction Valves
until the new pressure zone is introduced and the temporary infrastructure is
removed, or until all watermains are assumed by the CITY for all stages.
The SUBDIVIDER shall provide a Letter of Credit for 110% of the cost of the
Temporary Global Pressure Reduction Valves installation, annual
maintenance and ultimate removal. This amount will not be released or
reduced until the new pressure zone is introduced and the temporary
infrastructure is removed, or until all watermains are assumed by the CITY
for all stages, to the satisfaction of the CITY's Director of Engineering. If all
watermains in all stages have been assumed by the CITY prior to the new
pressure zone being introduced, the CITY will hold the Letter of Credit for
such works until the new pressure zone is introduced. At that time, the
CITY may draw upon the Letter of Credit to complete works associated with
the removal of the Temporary Global Pressure Reduction Valves. If the
cost associated with the removal is more than the funds available in the
Letter of Credit, the SUBDIVIDER agrees to pay all additional costs
associated with the removal of the temporary infrastructure. Alternatively,
the SUBIDIVDER may agree to pay for all costs associated with the
removal of the Temporary Global Pressure Reduction Valves, and the CITY
agrees to release the Letter of Credit upon completion of the removals.
The SUBDIVIDER agrees to be responsible for any costs related to any
damage which results due to high water pressure until the new pressure
zone in introduced and the temporary infrastructure is removed, or until all
watermains are assumed by the CITY for all stages.
Notwithstanding condition 3.7 of this agreement, the SUBDIVIDER shall
warrant and guarantee and hereby warrants and guarantees the watermain
system against all defects of material and workmanship, for a minimum
period of 5 years, or until the future Region of Waterloo watermain is
constructed and the permanent pressure zone is established, whichever is
the lesser.
The SUBDIVIDER acknowledges and agrees that in addition to the
Temporary Global Pressure Reduction Valves required for Stages 3 — 5,
based on the HGL of 365mASL, Permanent Individual Pressure Reduction
Valves are required where any road elevation is below 308.9 m. As per
condition 4.22 of this agreement, the SUBDIVIDER agrees to undertake any
measures required to ensure proper water pressure to all lots and blocks
within the proposed plan of subdivision to the satisfaction of the CITY's
Director of Engineering Services or the CITY's Chief Building Official in
consultation with CITY's Director of Utilities.
Part 4 — Prior to the Application for and Issuance of any Building Permits
4.17 The SUBDIVIDER shall obtain Site Plan Approval from the CITY's
Supervisor of Site Development for any blocks abutting a Regional Road.
All buildings located adjacent to a Regional Road shall be designed in
accordance with any approved CITY or Regional Municipality of Waterloo
Fairway Road North Design/Streetscape Guidelines or Plans and lands will
be developed such that road traffic noise from Fairway Road will be
attenuated through building layout, materials and design, and not through
the use of physical noise walls.
4.20 The SUBDIVIDER shall install permanent 1.2 metre high, paige wire fencing
and/or an alternate marking system to the satisfaction of the CITY's Director
of Operations along the perimeter of all lots and blocks abutting publicly
owned open space, stormwater management areas, Environmentally
Sensitive Policy Areas or hazard lands.
4.22 The SUBDIVIDER agrees to undertake any measures required to ensure
proper water pressure to all lots and blocks within the proposed plan of
subdivision to the satisfaction of the CITY's Director of Engineering Services
or the CITY's Chief Building Official in consultation with CITY's Director of
Utilities.
4.23 a) The SUBDIVIDER agrees that no building permits shall be applied for or
issued until satisfactory arrangements are made with the CITY'S Chief
Building Official in consultation with the CITY's Fire Chief to install a
direct -to -fire alarm monitoring system for each and every dwelling unit.
Satisfactory arrangements shall be the submission of drawings showing
the hardwiring in each dwelling.
b) Occupancy of each dwelling shall not be permitted until the CITY'S
Chief Building Official has confirmed that such system is operational.
c) Such system shall be maintained and remain operational in perpetuity
as a responsibility of the homeowner and this condition shall not be
released from title unless and until the CITY Solicitor is notified by the
CITY'S Fire Chief that adequate protection is otherwise provided and
the maintenance of the system is no longer mandatory.
4.24 The SUBDIVIDER agrees that no building permit shall be applied for or
issued for Priority Lots, as identified on the approved Priority Lotting Plan
and in the approved Design Guidelines for Priority Lots, until the required
building elevation and/or building location drawings have been submitted
and approved by the CITY'S Director of Planning and the CITY's Chief
Building Official for the proposed building thereon to ensure that
consideration has been given to the design treatment of each 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.
4.25 The SUBDIVIDER agrees that in accordance with the Acoustical Study
"Grand River Flats, Zeller Drive, Kitchener, Acoustical Study" prepared by
IBI Group, dated March 2010, all dwelling units within this plan be
constructed as follows, to the satisfaction of the CITY's Chief Building
Official:
a) with forced air -ducted heating system suitable sized and designed to
permit the future installation of a central air conditioning system by the
occupants, and
b) with special building components with the following minimal Acoustical
Insulation Factor (AIF) values:
Roof: AIF 35
Walls: Bedroom Areas AIF 35; Living Dining Areas AIF 31
Windows: Bedroom Areas AIF 35; Living Dining Areas AIF 31
Furthermore, the SUBDIVIDER agrees to implement any required noise
attenuation measures accepted by the Regional Municipality of Waterloo for
Stage 1 (Lots 1-20), and as recommended by the required addendum to the
"Grand River Flats, Zeller Drive, Kitchener, Acoustical Study" prepared by
IBI Group, dated March 2010, to the satisfaction of the CITY's Chief Building
Official in consultation with the CITY's Director of Planning and the Regional
Municipality of Waterloo.
*4.27 Prior to the issuance of building permits for all of Stage 5 and Block
213, Stage 3 (239 Eden Oak Trail) , the SUBDIVIDER agrees to replace
the undersized sanitary sewer that was installed through Storm Water
Management Block 1, during servicing for Stage 2.
Part 6 — Other Time Frames
6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed
subdivision shall be restricted to using Fairway Road North to Zeller Drive
and prohibited from using any other internal residential streets in the
community. The SUBDIVIDER agrees to advise all relevant contractors,
builders and other persons of this requirement with the SUBDIVIDER being
responsible for any required signage, all to the satisfaction of the CITY'S
Director of Engineering Services.
6.11 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall
determine the locations of all centralized mail receiving facilities to the
satisfaction of the CITY's Director of Engineering Services in consultation
with Canada Post. If required, the SUBDIVIDER shall provide suitable
temporary centralized mail box locations that may be utilized by Canada
Post until curbs, boulevards and sidewalks are constructed for the plan of
subdivision.
6.12 Within one year of Servicing or Registration, whichever comes first, the
SUBDIVIDER agrees to submit Park, Trail and Commemoration Feature
tender drawings and specifications to the satisfaction of the CITY's Director
of Planning, in consultation with the CITY's Director of Operations. Such
drawings shall be prepared in accordance with the approved Detailed
Design and Development Budget required by condition 3.33.
The SUBDIVIDER shall complete the construction of the parks, trails and
commemorative features (as applicable) located within the associated
stage, within one year of registration or servicing of whichever shall occur
first, to the satisfaction of the CITY's Director of Operations in consultation
with the CITY's Director of Engineering Services. The applicable
construction costs such as grading, topsoiling, seeding, sodding,
landscaping, seating, play structures and signage relating to the park and
surface treatment relating to the community trail, shall be initially paid for by
the SUBDIVIDER and reimbursed to the SUBDIVIDER by the CITY.
Commemoratives features shall be paid for by the SUBDIVIDER.
If sufficient money is not allocated from the appropriate CITY Development
Change Account(s) to permit the CITY to fund these works or these works
are not a Development Change eligible expense and the SUBDIVIDER
wishes to proceed, the SUBDIVIDER agrees to provide and up -front the
costs 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 of the CITY's Development Change
account and such 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 the monies
are paid by the SUBDIVIDER for 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 balance remains, the Development Charges will be
paid in the normal manner in accordance with the CITY's By-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 towards 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.
6.13 The SUBDIVIDER shall warrant and guarantee, and hereby warrants and
guarantees all parks and trails against all defects of material and
workmanship for a period of 24 months from completion and acceptance.
6.14 That the SUBDIVIDER or subsequent owner agrees that geothermal wells
shall not be installed within any lot or block within the plan. This condition
shall not be released from title.
6.15 The SUBDIVIDER agrees to include a clause in Agreements of Purchase
and Sale with home buyers, or in Agreement of Purchase and Sale with
builders that will require the builders to include a statement in all
Agreements of Purchase and Sale, and/or Rental Agreements with home
buyers, that:
a) identify the presence of the water pressure reduction devices, where
applicable, and advises that it not be removed by the owner/occupant.
b) advises of the presence of lot level infiltration gallery requirements (as
applicable) and the requirement to maintain such facilities. Further,
occupants/owners shall be notified in the agreement of the exact
location, size and intent of the infiltration galleries. The wording of the
statement shall be to the satisfaction of the CITY's Director of
Engineering Services.
c) identify the presence of direct -to -fire alarm monitoring systems and the
requirement that these systems must be maintained and must remain
operational in perpetuity as a responsibility of the homeowner. The
wording of the statement shall be to the satisfaction of the CITY's Chief
Building Official in consultation with the CITY's Fire Chief.
d) advises that due to the sensitive nature of groundwater and the
proximity to GUDI wells in the Woolner well field, the installation of
geothermal wells is prohibited.
6.16 That the SUBDIVIDER or subsequent Owner agrees to include the following
warning clause on all Agreement of Purchase and Sale, and/or Rental
Agreements with home buyers for all residential lots within Lots 1-20 (Stage
1):
"Due to its proximity to Old Zeller Drive, noise levels on this property may
exceed the noise level objectives approved by the Regional Municipality of
Waterloo and may cause concern for some individuals. Moreover, the
dwelling units have been constructed with a forced air -ducted heating
system suitably sized and designed to permit the future installation of a
central air-conditioning system by the occupants".
6.17 The SUBDIVIDER shall include a statement in all Offers of Purchase and
Sales Agreements, and/or rental agreements, which advises:
b) that the home/business mail delivery will be from a designated
Community Mail Box; and
C) 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).
6.18 The SUBDIVIDER agrees to make application to lift Holding Provision 62H,
and to pay for all costs associated with lifting Holding Provision 62H for all
lands to which it may apply, including those lands to be dedicated to the City
of Kitchener such as parks, stormwater management facilities and roads,
prior to the ownership of such lands being transferred.
6.19 Prior to occupancy, the SUBDIVIDER agrees to construct at source
infiltration galleries where soils permit, to the satisfaction of the CITY's
Director of Engineering. Installation of infiltration galleries shall be
supervised and certified by a qualified geotechnical consultant, at the
SUBDIVIDER's expense, and to the satisfaction of the CITY's Director of
Engineering.
6.20 Prior to the issuance of Site Plan Approval for Block 149 (Stage 2) and
Block 214 (Stage 3), the SUBDIVIDER agrees to provide final designs for
gateway features at the intersection of Eden Oak Trail and Fairway Road
North to the satisfaction of the CITY's Supervisor of Site Development.
Such designs may be approved as part of the Landscape Plan required as
part of the Site Plan Approval and shall be in accordance with the
conceptual design approved on the Streetscape Plan for Priority Streets.
Further, the SUBDIVIDER agrees that such gateway features shall be
installed on the multiple residential blocks together with the implementation
of the Landscaping Plan for the lands. All costs associated with design,
installation and maintenance of the gateway features shall be the cost of the
SUBIDIVIDER or subsequent Owner.
6.21 The SUBDIVIDER agrees to implement the approved functional design for
the roundabout at the intersection of Eden Oak Trail and Grand Flats Trail
as required by condition 3.23; and bicycles lanes, intersection curb
extensions and on -street parking on both sides of Eden Oak Trail and
Grand Flats Trail as required by condition 3.24, at the SUBDIVIDER's
expense and to the satisfaction of the CITY's Director of Engineering, at
such time as these streets are installed.
6.22 The SUBDIVIDER agrees to implement the approved Storm Servicing Plan
and Sanitary Servicing Plan, as required by conditions 3.34 and 3.35, to the
satisfaction of the CITY's Director of Engineering.
6.23 In the event that Stages 3 — 5 do not proceed concurrently, the
SUBDIVIDER agrees to construct connections to the stormwater
management pond, sanitary sewer outlet to the pumping station, and
temporary access roads, and access road from Zeller Drive to the
stormwater management pond prior to applying for or being issued any
building permits in Stages 3 — 5 inclusive. Such, connections and
temporary access road shall be designed prior to servicing of Stage 2 and
shall be built at such time as services are installed for Stage 2, all to the
2.2
satisfaction of the CITY's Director of Engineering. The SUBDIVDER agrees
to assume all liability and costs with respect to the construction and use of
the temporary access road.
6.24 Further to Condition 1.4 of this agreement, the SUBDIVDER agrees that all
streetscape works required along Old Zeller Drive (adjacent to Stage 1)
including the installation of trees, boulevards, sidewalk and related
appurtenances, shall be installed as part of this subdivision, to the
satisfaction of the Director of Engineering Services. All public works
required by this condition shall be included and accounted for in the
securities required by condition 3.6 of this agreement.
6.25 The SUBDIVIDER agrees to be responsible for any damage to any
infrastructure caused by works within the Old Zeller Drive right-of-way
and/or by construction adjacent to Old Zeller Drive. Further, prior to
Servicing of Stage 1 the SUBDIVIDER agrees to deposit a Letter of Credit
with Engineering in the amount of $15,000.00 for such damages to the
satisfaction of the Director of Engineering. This security will be returned a
minimum of 2 years after the issuance of the last occupancy permit for any
dwelling located in Stage 1, and upon a satisfactory inspection.
6.26 The SUBDIVIDER or subsequent owner of Block 149 (Stage 2) agrees to
dedicate a road widening at the intersection Old Zeller Drive and Fairway
Road North to the CITY, at the time of Site Plan Approval for Block 149
(Stage 2), and via the Site Plan Approval process. This widening shall be
sized to accommodate streetscape works including a sidewalk connection,
street trees, boulevards and related appurtenances, to the satisfaction of the
CITY's Director of Engineering Services and the CITY's Director of
Transportation Services, in consultation with the Regional Municipality of
Waterloo. The lands shall be dedicated at no cost to the CITY and both the
installation and all costs associated with the required streetscape works
shall be the responsibility of the SUBDIVIDER or subsequent owner of
Block 149 (Stage 2).
That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfil
the following conditions:
The City Standard Residential Subdivision Agreement shall be registered on
title.
2. The final plan for registration shall show all lots intended for development as
single detached, semi-detached or duplex dwellings and a City Standard
Supplementary Residential Subdivision Agreement showing such lotting
shall be registered for each stage prior to the registration of such stage. This
condition shall not apply if the plan is to be registered prior to the approval of
servicing plans.
3. 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.
4. The Developer/Owner shall obtain a tax certificate from the City of Kitchener
to verify that there are no outstanding taxes on the subject property(ies) to
the satisfaction of the City's Revenue Division.
5. 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.
6. 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.
7. The SUBDIVIDER shall make satisfactory arrangements for the provision of
permanent telecommunication 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.
8. The SUBDIVIDER shall make arrangements for the granting of any
easements required for utilities and municipal services. The SUBDIVIDER
agrees to comply with the following easement procedure:
a) to provide copies of the subdivision plan proposed for registration and
reference plan(s) showing the easements to the Kitchener -Wilmot
Hydro, telecommunication companies and the CITY, to 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 Services for municipal services;
c) to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/ Enhancement
Plan;
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 Planning and the CITY's
Director of Engineering Services, or, in the case of parkland, the CITY'S
General Manager of Community Services; and
e) to provide to the CITY'S Director of Planning, a clearance letter from
Kitchener -Wilmot Hydro, telecommunication companies (Bell and
Rogers). Such letters shall state that the respective utility company has
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received
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received all required grants of easement, or alternatively, no easements
are required.
9. a) That prior to Servicing or Registration of Stage 2, whichever occurs first,
the SUBDIVIDER agrees to provide the CITY with either an Access
Agreement or Easement for the stormwater management pond, stormwater
outlet channel, the sanitary outlet pipe and the related maintenance access
route, to the satisfaction of the CITY's Solicitor in consultation with the
CITY's Director of Engineering Services.
b) That prior to Servicing or Registration of Stage 3, whichever occurs first,
the SUBDIVIDER agrees to confirm that lands required for the stormwater
management pond, stormwater outlet channel, the sanitary outlet pipe, and
related maintenance access route have been acquired by the City of
Kitchener in fee simple to the satisfaction of the CITY's Solicitor in
consultation with the CITY's Director of Engineering and Director of
Planning. These lands shall be dedicated to the CITY to the satisfaction of
the CITY's Director of Engineering and CITY Solicitor. All costs associated
with the acquisition, transfer and conveyance of such lands shall be the
responsibility of the SUBIDIVDER.
10. The SUBDIVIDER shall dedicate all roads, road widenings, daylight
triangles and public walkways to the CITY by the registration of the Plan of
Subdivision.
*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:
a) Blocks 21-22 for 0.3 metre reserves.
Stage 2:
a) Block 150 for park;
b) Blocks 151-152 for public walkway;
c) Block 1 58M-576 for stormwater management;
d) Blocks 154-159 for 0.3 metre reserves.
Stage 3:
a) Blocks 215-217 for park;
b) Block 218 for Open Space/SWM
c) Blocks 219-225 for 0.3 m reserves.
Stage 4
a) Block 119 for park;
b) Blocks 120 — 122 for 0.3 m reserves.
Stage 5
a) Block 98 Walkway
b) Block 99 Open Space/Trail
c) Block 100 Park
d) Block 101 Open Space
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12. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at
each major entrance to the subdivision, in accordance with a plan approved
by the CITY'S Director of Planning, in accordance with the following criteria:
a) The sign shall be located outside the required yard setbacks of the
applicable zone and outside the corner visibility triangle, with the
specific, appropriate location to be approved by the CITY's 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 the features within the limits of the subdivision
including, without limiting the generality of the foregoing, approved street
layout, including emergency access roads, zoning, lotting and specific
land uses, types of parks, storm water management areas, hydro
corridors, trail links and walkways, potential or planned transit routes
and bus stop locations, notification regarding contacts for school sites,
noise attenuation measures, environmentally sensitive areas, tree
protection areas, special buffer/landscaping areas, water courses, flood
plain areas, railway lines and hazard areas and shall also make general
reference to land uses on adjacent lands including references to any
formal development applications, all to the satisfaction of the CITY'S
Director of Planning;
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, inquiries should be made at the CITY'S
Planning Division.
f) In addition to the standard subdivision sign content, the subdivision
signs shall include: the approved NEF noise contour and planning
contour information; and a warning clause for all lands within the plan to
read as follows:
WARNING
Prospective purchasers and tenants are advised that all lots and blocks
in this plan of subdivision are located within or in close proximity to one
of the flight paths leading into and out of the Region of Waterloo
International Airport and that aircraft noise and directional lighting along
this flight path may cause concern to some individuals.
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*13. The SUBDIVIDER shall satisfy the total parkland dedication for the entire
subdivision, by the conveyance of Block 150 (Stage 2), Blocks 215-217
(Stage 3), Block 119 (Stage 4) and Block 100 (Stage 5) to the CITY, at no
cost and free of encumbrance;
14. The SUBDIVIDER agrees that all streets shall be named as shown on the
Draft Plan.
*15. Prior to Servicing or Registration of Stage 2, whichever shall come first, the
SUBDIVIDER shall prepare and receive approval of detailed design
drawings and development budget for the park and trails located on Block
150 (Stage 2), Blocks 215-17 (Stage 3), Block 119 (Stage 4) and Blocks
98-101 (Stage 5) prior to servicing or registration of the associated stage, to
satisfaction of CITY'S Director of Operations and the CITY'S Director of
Planning. The design of Block 217 (Stage 3) & Block 119 (Stage 4) should
give consideration maintaining view corridors to the Grand River Valley in
accordance with the recommendations of the Heritage Impact Assessment
prepared by Landplan Collaborative (January, 25 2010 and amended
February 12, 2010).
Further to the detailed park design drawings and development budget for
Block 119 (Stage 4), and in the interest of commemorating the Grand River
as a Canadian Heritage River, the SUBDIVIDER agrees to prepare a
Commemoration Plan outlining the design, location and budget for
construction of commemorative features to the satisfaction of the CITY's
Director of Operations and the CITY's Coordinator, Cultural Heritage
Planning. Such features may include interpretive displays or signage,
together with landscaping to preserve and enhance views and vistas to the
Grand River and the river valley. The SUBDIVIDER shall be responsible for
all costs associated with the design and construction of such
commemorative features.
16. Prior to Servicing or Registration, whichever shall come first, of any Stage
including any portion of any of the streets set out in this paragraph, the
SUBDIVIDER shall prepare a Streetscape Plan for Priority Streets, those
being Eden Oak Trail, Grand Flats Trail, and the adjacent edge of Fairway
Road North, to the satisfaction of the CITY'S Director of Planning, CITY'S
Director of Transportation Planning, CITY'S Director of Engineering, and the
CITY'S Director of Operations. The Streetscape Plan for Grand Flats Trail
within Stage 6 shall also be to the satisfaction of the City's Coordinator of
Heritage Planning. Streetscaping of this section of Grand Flats Trail shall
be in accordance with the view corridor recommendations of the Heritage
Impact Assessment prepared by the Landplan Collaborative Ltd. date
January 25, 2010 and amended February 12, 2010;
The Streetscape Plan shall illustrate a consistent streetscape theme for the
Priority Streets showing:
a) Design and construction details for a centre median boulevards at the
intersection and the centre median of the roundabout at the intersection
of Grand Flats Trail and Eden Oak Trail with preference for low-
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maintenance,
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maintenance, sustainable plantings and decorative streetscape
elements; and centre median of the roundabout.
b) Design and construction details for traffic calming features including
centre medians, alternate intersection treatments such as a
neighbourhood traffic circles, and traffic calming measures such as
pavement narrowing, curb extensions, centre medians or other;
c) Conceptual gateway features at the Eden Oak Trail and Fairway Road
North intersection;
d) Conceptual street tree planting locations for Grand Flats Trail, Eden Oak
Trail and Fairway Road North;
g) Conceptual locations and type of flankage lot streetscape features, such
as decorative fencing and landscaping between the side yard fencing
and the property line of flankage lots;
h) Potential locations of utilities and transit stops;
The centre medians and traffic calming features shall be installed by the
SUBDIVIDER with the initial road construction.
17. Prior to Servicing or Registration, whichever shall occur first, the
SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and
of Design Guidelines for Priority Lots to the satisfaction of the CITY'S
Director of Planning, and for Viewshed Priority Lots in consultation with the
CITY's Coordinator of Cultural Heritage.
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
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skirting
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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 provision for porches, porticos,
stairs or other projections, horizontal articulation, brick and masonry
style skirting and/or accentuated windows.
e) For Viewshed Priority Lots, being those lots located along Grand Flats
Trail within Stage 3 (Lots 45, 50-71, 123-133, 134, and 141) and Stage
4 (Lots 29-33 and 66-93), building elevation drawings to ensure
consideration has been given to design treatment along the road
frontage including items such as the provision for porches, porticos,
stairs or other projections, horizontal articulation, brick and masonry -
style skirting and/or accentuated windows; and consideration fencing,
landscaping and driveway location.
18. The SUBDIVIDER shall prepare a Street Tree Planting Plan prior to
registration of each stage to the satisfaction of the CITY'S Director of
Planning, in consultation with the CITY'S Director of Operations. The
location of street tree plantings along Grand Flats Trail within Stage 3 (Lots
45, 50-71, 123-133, 134, and 141) and Stage 4 (Lots 29-33 and 66-93)
should give consideration to maintenance of a view corridor to the Grand
River, and shall be prepared in consultation with the CITY's Coordinator of
Cultural Heritage. Appropriate consideration shall be given to reduce
conflicts between street trees and utilities. In locations where the survival of
plantings may be difficult due to infiltration/salt management objectives
within the municipal right-of-way, street trees shall be provided immediately
adjacent to the right-of-way on each lot/or future lot. In these instances, an
easement shall be provided over each lot/ or future lot in favour of the CITY
for the maintenance of the street tree planting. The Street Tree Planting
Plan shall be prepared in accordance with the Streetscape Plan for Priority
Streets where applicable.
19. Prior to Servicing or Registration, whichever shall occur first, the
SUBDIVIDER shall have landscape plans of the stormwater management
facilities and medians associated with the roundabout prepared by a
Landscape Architect acceptable to the CITY's Director of Operations, in
consultation with the CITY's Director of Engineering Services and to obtain
therefrom, approval of such plans.
20. Prior to Servicing or Registration, whichever shall occur first, the
SUBDIVIDER shall confirm whether decorative street signage and street
lighting will be used to the satisfaction of the CITY'S Director of
Transportation Planning and Kitchener Wilmot Hydro. Should these
decorative elements be utilized, they shall be installed at the appropriate
time frame and to the SUBDIVIDER'S cost, including the provision of a one-
time supply of 10% of the materials for future maintenance replacement, to
the satisfaction of the CITY'S Director of Transportation Planning and
Kitchener Wilmot Hydro.
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21.
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21. Prior to Servicing or Registration, whichever shall occur first, of each stage,
the SUBDIVIDER shall prepare an On -Street Parking Plan to the
satisfaction of the CITY'S Director of Transportation Planning, in
consultation with the CITY'S Director of Engineering Services, in
accordance with the CITY'S 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 considered in accordance with the
CITY's Policy.
22. The SUBDIVIDER agrees that the plan shall be registered in eight stages in
accordance with the following and to the satisfaction of the CITY's Director
of Planning:
a) Stage 1 shall be registered first;
b) Stage 2 shall be registered concurrently with or subsequent to Stage 1,
and not before Fairway Road North road works have been completed
and a Regional Road Access Permit has been granted, thereby providing
a secondary means of access;
c) Stage 3 shall be registered concurrently with or subsequent to Stage 2;
d) Stage 4 shall be registered concurrently with or subsequent to Stage 3;
and
e) Stage 5 shall be registered concurrently with or subsequent to Stage 4.
And further, should Stages 3 — 5 not proceed concurrently, the
SUBDIVIDER agrees to construct connections to the stormwater
management pond, sanitary sewer outlet to the pumping station, and
temporary access roads, and access road from Old Zeller Drive to the
stormwater management pond.
Where abutting stages are registered concurrently, and at the discretion
of the CITY's Director of Planning, 0.3 metre reserves separating abutting
stages are not required to be shown on plans for registration.
23. Prior to Servicing or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit an operational analysis and functional
design for the roundabout at the intersection of Eden Oak Trail and Grand
Flats Trail, prepared by a qualified roundabout design engineer to the
satisfaction of the CITY's Director of Transportation Planning.
24. Prior to Servicing or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit a functional design for the implementation of
bicycle lanes, intersection curb extensions and on -street parking on both
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sides
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sides of Eden Oak Trail and Grand Flats Trail, the satisfaction of the CITY's
Director of Transportation Planning.
25. Prior to Grading or Registration, whichever shall occur first, the
SUBDIVIDER shall surrender their pit licence to the Ministry of Natural
Resources. A copy of the Ministry's letter notifying the licensee of
acceptance of the licence surrender shall be submitted to the satisfaction of
the CITY's Director of Planning and the Regional Municipality of Waterloo.
In addition, the SUBDIVIDER shall provide a letter to the satisfaction of the
CITY's Director of Planning and the Regional Municipality of Waterloo
confirming that all activities associated with the pit have ceased.
26. a) That prior to Servicing or Registration of Stage 2, whichever shall occur
first, the SUBDIVIDER agrees to complete a Record of Site Condition
for lands identified as 806 Zeller Drive. Until the Record of Site
Condition has been completed and acknowledged by the Ministry of the
Environment, the CITY will not accept the dedication of Block 1 58M-
576 (Stage 2) and Block 217 (Stage 3) or any road right-of-ways
impacted by Holding Provision 62H. One copy of the completed Record
of Site Condition, together with the Ministry filing acknowledgement
letter, should be forwarded to the satisfaction of the CITY's Director of
Planning.
b) That prior to Servicing or Registration of Stage 2, whichever shall occur
first, the SUBDIVIDER agrees to provide the CITY with one copy of the
completed Record of Site Condition for that portion of the plan referred
to as 658 Zeller Drive (RSC registration #109912), to the satisfaction of
the CITY's Director of Planning.
27. Prior to Grading or Registration, whichever shall occur first, a Servicing
Staging Plan shall be submitted to the satisfaction of the Director of
Engineering to demonstrate how servicing can be achieved without affecting
other stages of the development.
28. Prior to Grading or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit, obtain approval of and implement a
detailed monitoring program to evaluate the performance of infiltration
galleries (including pre -construction and post -construction phases) and to
identity if the required water balance is met, to the satisfaction of the CITY's
Director of Engineering Services in consultation with the Regional
Municipality of Waterloo and the Grand River Conservation Authority.
29. Prior to Grading or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit an Infiltration Contingency Plan to the
satisfaction of the CITY's Director or Engineering Services in consultation
with the Regional Municipality of Waterloo and the Grand River
Conservation Authority.
30. Prior to Servicing or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit a Storm Servicing Plan and Sanitary
Servicing Plan which show improved construction standards for storm and
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sanitary
27-
sanitary sewers, including enhanced exfiltration testing criteria stipulating
that test results may NOT be averaged and that no single test may exceed
the exfiltration rates as defined in the City of Kitchener's Subdivision Design
Manual, to the satisfaction of the CITY's Director of Engineering in
consultation with the Regional Municipality of Waterloo.
31. Prior to Servicing or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit a Sanitary Servicing Plan which shows
improved construction standards for all individual sanitary connections,
including inspection and testing according to the City of Kitchener's
exfiltration testing criteria, to the satisfaction of the CITY's Director of
Engineering in consultation with the Regional Municipality of Waterloo.
32. Deleted
33. To expedite the approval for registration, the SUBDIVIDER shall submit to
the CITY'S Department of Community Services, 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.
34. Prior to Registration, the SUBDIVIDER shall make satisfactory
arrangements for all works associated with the implementation of the
Fairway Road Streetscape Plan, to be approved by the City of Kitchener
and the Regional Municipality of Waterloo, adjacent to Block 1 58M-576
(Stage 2), to the satisfaction of the CITY's Director of Planning.
35. Prior to Grading or Registration of Stage 2, whichever shall occur first, the
SUBDIVIDER agrees to submit, obtain approval of and implement a
detailed monitoring program to evaluate the overflow channel stormwater
discharge and sediment loading, to the satisfaction of the CITY's Director of
Engineering Services and the Director of Planning in consultation with the
Regional Municipality of Waterloo and the Grand River Conservation
Authority.
*36. Prior to Registration the SUBDIVIDER agrees to merge all or part of
Lot 21, 58M-597 with the Stage 5 lands to provide for adequate road
right of way to the satisfaction of the Director of Planning. If only part
of Lot 21, 58M-597 is provided for the road right-of-way, the remainder
parcel of Lot 21, 58M-597 shall be merged with Lot 20, 58-597.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
1) 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.
2) 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;
ma
3) a) That the owner 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 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;
b) That the owner include 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:
"The lot, lots, block or blocks which are the subject of this agreement of
lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfillment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the purchaser
should be aware that the vendor is making no representation or
warranty that the lot, lots, block or blocks which are the subject of this
agreement or lease or purchase and sale will have all conditions of draft
plan approval satisfied, including the availability of servicing until the
plan is registered."
4) That prior to final approval, the Owner submit for review and approval a
water supply distribution strategy 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.
5) a) Where pressure reducing valves are required in Condition No. 4 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 clause identifying the presence of such
water pressure reduction device and advising that it may not be
removed by the owner/occupant.
b) Notwithstanding a) above, dwelling units constructed within Lots 1 - 20
(Stage 1) under existing Kitchener Zone 4 pressure HGL will require the
installation of individual pressure reducing valves in accordance with
section B.2.4.7 of the Region of Waterloo Design Guidelines &
Supplemental Specification for Municipal Services (DGSSMS). 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
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water
29-
water pressure reduction device and advising that it may not be
removed by the owner/occupant.
7) That prior to final approval, the Owner:
a) prepares road salt management and infiltration gallery education
information brochures to the satisfaction of the Regional Commissioner
of Planning, Development and Legislative Services, and
b) enters into an agreement with the Regional Municipality of Waterloo to
distribute the road salt management and infiltration gallery education
information brochures in a) above, to prospective home buyers.
8) That prior to final approval, the owner prepare an amended Groundwater
Monitoring and Mitigation Plan (i.e., adaptive management plan) to the
satisfaction of the Regional Commissioner of Planning, Development, and
Legislative Services. The plan must address the following:
a) ensure that pre -development recharge rates are maintained; and to also
assess any changes in groundwater levels and chemistry such as
elevated chloride rates;
b) include a contingency plan in case there is a problem installing the
rear/front yard infiltration galleries due to unexpected poor soil
conditions or high water table, and infiltration targets will not ultimately
be met;
c) monitoring to occur prior to, during and following site construction,
including at least two years of pre -construction monitoring; and
d) enter into an agreement with the Regional Municipality of Waterloo to
implement the approved groundwater monitoring and mitigation plan.
9) That prior to any construction dewatering, the owner submit a dewatering
plan to the Region for review and approval, to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
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Furthermore,
30-
Furthermore, that the owner enters into an agreement with the Regional
Municipality of Waterloo to implement such dewatering plan.
10) That prior to final approval, the owner decommissions all wells and/or septic
systems and monitoring wells on the property in accordance with O. Reg.
128/03 prior to site development, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
11) That the Owner enters into an agreement with the City of Kitchener that
geothermal wells not be permitted within any lots and blocks within the plan.
12) That specific regulation is provided in the proposed zoning for the lands to
indicate that the installation of geothermal wells will not be permitted.
13) That 7.6 metre day -lighting triangles be established at the intersection of
Fairway Road and Eden Oak Trail and be dedicated on the final plan as
public highway to the appropriate road authority.
14) The owner enters into an agreement with the Regional Municipality of
Waterloo to complete a road traffic noise study for multiple residential Block
149 (Stage 2) and Block 214 (Stage 3), to indicate to the Regional
Municipality of Waterloo methods to be used to abate road traffic noise
levels for all Blocks affected by Fairway Road and, if necessary, shall enter
into an agreement with the Regional Municipality of Waterloo to provide for
implementation of the accepted noise assessment attenuation measures.
The agreement must include a provision to indicate that the lands will be
developed such that road traffic noise from Fairway Road will be attenuated
through building layout and design, and not through the use of physical
noise walls.
15) That the Owner enters into an agreement with the City of Kitchener to
provide for implementation of the recommendations of the Acoustical Study
"Grand River Flats, Zeller Drive, Kitchener, Acoustical Study" (IBI Group,
Final, March 2010), and Addendum dated October 14, 2011. Without
limiting the foregoing, the agreement must include the following:
a) that all dwelling units within this plan be constructed with a forced air -
ducted heating system suitably sized and designed to permit the future
installation of a central air conditioning system by the occupants
b) that all dwelling units within this plan be constructed with special building
components with the following minimum Acoustical Insulation Factor
(AIF) values:
Roof: AIF 35
Walls: Bedroom Areas AIF 35; Living/Dining Areas AIF 31
Windows: Bedroom Areas AIF 35; Living/Dining Areas AIF 31
16) a) That prior to final approval, the owner provides a further addendum to
the "Grand River Flats, Zeller Drive, Kitchener, Acoustical Study" (IBI
Group, Final, March 2010), to indicate to the Regional Municipality of
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Waterloo methods to be used to abate road traffic noise levels for Lots
1-20 (Stage 1) affected by Old Zeller Drive, taking into account the
minimum setbacks established in the City Zoning Bylaw. If necessary,
the owner shall enter into an agreement with the City of Kitchener to
provide for implementation of the accepted noise assessment
attenuation measures.
b) That prior to final approval, the owner enters into an agreement with the
City of Kitchener, to include the following warning clause on all offers to
purchase and/or rental agreements for all residential lots and blocks
within Lots 1-20 (Stage 1):
"Due to its proximity to Old Zeller Drive, noise levels on this property
may exceed the noise level objectives approved by the Regional
Municipality of Waterloo and may cause concern for some individuals.
Moreover, the dwelling unit has been constructed with a forced air -
ducted heating system suitably sized and designed to permit the future
installation of a central air conditioning system by the occupants".
17) That in addition to the standard subdivision sign content, the required
subdivision sign(s) shall include the following information:
a) A warning clause for all lands within the plan to read as follows:
"Prospective purchasers and tenants are advised that all lots and blocks
in this plan of subdivision are located within or in close proximity to one
of the flight paths leading into and out of the Region of Waterloo
International Airport and that airport noise and directional lighting along
this flight path may cause concern to some individuals".
18) That prior to final approval, the Owner enters into an agreement with the
Regional Municipality of Waterloo to erect a permanent sign at each main
entrance to this plan of subdivision, advising the public of the proximity of
the flight paths leading into and out of the Region of Waterloo International
Airport and that directional lighting along the flight path, may cause concern
to some individuals.
Provision shall be included in the agreement to indicate the size and
location of the sign(s) shall be approved by the Regional Commissioner of
Planning, Development and Legislative Services, in consultation with the
City of Kitchener's Manager of Development Review.
*19) That prior to final approval, the owner enters into an agreement with the
Regional Municipality of Waterloo, to include the following warning clause
on all offers to purchase and/or rental agreements for all residential lots and
blocks within this plan:
"Prospective purchasers and tenants are advised that all lots and blocks in
this plan of subdivision are located within or in close proximity to one of the
flight paths leading into and out of the Region of Waterloo International
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Airport
32-
Airport and that aircraft noise and directional lighting along this flight path
may cause concern to some individuals".
That the agreement include a provision to include the above -noted clause in
the declaration associated with any future application for plan of
condominium for Block 149 (Stage 2), Block 214 (Stage 3) and Blocks 93
to 97 (Stage 5), to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
*20) That the owner provides an easement in favour of the Region from
Rivertrail Crescent over park Block 100 (Stage 5) in order to provide
access for the future construction and long term maintenance of
airport light towers, and to provide access for long term maintenance
of the existing Regional watermain.
21) That a final lot grading and drainage plan be submitted for the entire plan of
subdivision to the satisfaction of the Regional Municipality of Waterloo
where lands drain to a Regional facility, for approval. That the preliminary
grading along Fairway Road be compatible with final grading of Fairway
Road.
22) That a final stormwater management plan be submitted for the entire plan of
subdivision to the satisfaction of the Regional Municipality of Waterloo
where lands drain to a Regional facility, for approval. The stormwater
management plan must address the following, to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services:
a) must be compatible with the final Fairway Road extension design;
b) complies with the Region of Waterloo International Airport Zoning
Regulations;
C) infiltration galleries;
d) incorporate MOE above normal protection levels; and
e) should a storm sewer bypass system be proposed for infiltration,
additional discussion and analysis on impact to groundwater must
be undertaken.
*23) That prior to final approval, the owner enters into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific
grading and drainage plan/SWM report submitted for site plan approval for
multiple residential blocks being, Block 149 (Stage 2), Block 214 (Stage 3)
and Blocks 93 to 97 (Stage 5), be in accordance with the approved
Stormwater Management Plan for this plan of subdivision.
24) That prior to final approval, the owner submits a boulevard restoration plan
for Fairway Road adjacent to Block 149 (Stage 2) and Block 214 (Stage 3),
to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
25) That prior to final approval, the owner agrees to provide sufficient funds to
the Regional Municipality of Waterloo for street tree plantings along the road
allowance of Fairway Road adjacent to adjacent to Block 149 (Stage 2) and
-33-
Block
33-
Block 214 (Stage 3), to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
26) That the owner obtains a Regional Road Access Permit for the intersection
of Eden Oak Trail with Fairway Road.
27) That the owner provides a pedestrian walkway, grades permitting, from
Rivertrail Avenue to Fairway Road within multiple residential Block 214
(Stage 3), to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
28) That prior to final approval, the owner submits the engineering drawings for
this plan to the Region for review and approval, to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
29) That prior to final approval the developer provide to the Regional
Municipality of Waterloo with certified funds in the amount of $1,500.00
acceptable to the Regional Municipality of Waterloo for the future installation
of one (1) transit pad in order to provide Grand River Transit service to this
plan.
30) That the proposed Zoning By-law applicable to lands identified as 806 Old
Zeller Drive, re. GRCA lands, include a (H) holding provision with such (H)
being lifted upon completion of a Record of Site Condition and accepted by
the Ministry of the Environment.
31 a) That prior to final approval, the owner completes a Record of Site Condition
for lands identified as 806 Zeller Drive (re. GRCA lands) including, but not
limited to, stormwater management Block 1 58M-576 (Stage 2). Two copies
of the completed Record of Site Condition, together with the Ministry of the
Environment filing acknowledgement letter, should be forwarded to the
Region of Waterloo, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
b) That prior to final approval, the owner provides the Region of Waterloo with
two (2) copies of the completed Record of Site Condition for that portion of
the plan referred to as 658 Zeller Drive (RSC registration #109912), to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
32. That prior to final approval of all or any stage of this plan, the owner shall
provide, at the Owner's expense, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services the
following:
a) A final Grading and Drainage Plan which show elevations compatible with
the final design for the Fairway Road extension, and which includes the
required expansion of the Fairway Road storm water outflow channel to
accommodate the storm water flows from this plan of subdivision;
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b)
34 -
b) A Storm Servicing Plan which includes detailed design of the required
expansion to the Fairway Road storm water outflow channel; and
c) A Sanitary Servicing Plan which includes detailed design of the sanitary
sewer, including its location relative to the Fairway Road storm water
outflow channel.
33. That prior to final approval, the owner shall construct, at the owner's
expense, the required expansion of the Fairway Road storm water outflow
channel and sanitary outlet pipe required to service this plan of
subdivision, in accordance with the approved Grading and Drainage
Plan, Storm and Sanitary Servicing Plans.
34. That prior to final approval, the owner shall provide to the satisfaction of the
City of Kitchener, in consultation with the Region of Waterloo, a Storm
Servicing Plan and Sanitary Servicing Plan which have improved
construction standards for storm and sanitary sewers, including enhanced
exfiltration testing criteria stipulating that test results may NOT be averaged
and that no single test may exceed the exfiltration rates as defined in the
City of Kitchener's Subdivision Design Manual. Furthermore, the owner
agrees to enter into an agreement with the City of Kitchener to implement
the Storm and Sanitary Servicing Plans.
35. That prior to final approval, the owner shall provide to the satisfaction of the
City of Kitchener, in consultation with the Region of Waterloo, a Sanitary
Servicing Plan which has an improved construction standard for all
individual sanitary connections, including inspection and testing according to
the City of Kitchener's exfiltration testing criteria. Furthermore, the owner
agrees to enter into an agreement with the City of Kitchener to implement
the Storm and Sanitary Servicing Plans.
4. OTHER AGENCY CONDITIONS
Prior to any grading or construction on the site and prior to registration of the plan,
the SUBDIVIDER or their agents shall submit the following plans and reports to the
satisfaction of the Grand River Conservation Authority.
a) A detailed stormwater management report in accordance with the 2003 Ministry
of the Environment Report entitled "Stormwater Management Planning and
Design Manual" and in keeping with the Preliminary Stormwater Management
Report — Grand River Flats Subdivision (prepared by IBI Group, dated April 30,
2010, last updated July 28, 2011).
b) A detailed Lot Grading, Servicing and Storm Drainage Plan.
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.
-35-
d)
35 -
d) The submission and approval of a Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses permit from the Grand River
Conservation Authority prior to any grading within the regulated area.
5. CLEARANCE CONDITIONS
That prior to the signing of the final plan by the CITY's Director of Planning, the City
of Kitchener is to be advised by the Regional Commissioner of Planning,
Development and Legislative Services that Conditions 3.1 to 3.35 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. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by Kitchener -Wilmot Hydro that Condition 2.2.6 and 2.2.8
ha been carried out satisfactorily. The clearance letter shall include a brief
statement detailing how each condition has been satisfied.
3. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by the telecommunication companies (Bell, Rogers) that
Conditions 2.2.7 and 2.2.8 have been carried out satisfactorily. The clearance letter
shall include a brief statement detailing how each condition has been satisfied.
4. That prior to the signing of the final plan by the CITY's Director of Planning, the
Director shall be advised by the Grand River Conservation Authority that Condition
4.1 has been carried out satisfactorily. The clearance letter shall include a brief
statement detailing how the 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.
-36-
P.13,
36 -
P.13, to prescribe a tariff of fees for application, recirculation, draft approval,
modification to draft approval and registration release of plans of 30T-09202.
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).
Regional Servicing Agreement
6. 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 Services to service the density as defined by the
plan to be registered, the owner/developer will be offered an "Agreement for
Servicing". This agreement will be time limited, 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
7. To ensure that a Regional Release is issued by the Regional Commissioner of
Planning, Development and Legislative Services to the City of Kitchener prior to
year end, it is the responsibility of the owner to ensure that all fees have been paid,
that all Regional conditions have been satisfied and the required clearance letters,
agreements, prints of plan to be registered, and any other required information or
approvals have been deposited with the Regional Planner responsible for the file,
no later than December 15th. Regional staff cannot ensure that a Regional Release
would be issued prior to year end where the owner has failed to submit the
appropriate documentation by this date.
Airport Zoning
8.a) The Owner is advised that the lands, or a portion of the lands, are subject to the
Region of Waterloo International Airport Zoning Regulations issued under the
federal Aeronautics Act. The purpose of the Regulations is two -fold: 1) to prevent
lands adjacent to or in the vicinity of the Region of Waterloo International Airport site
from being used or developed in a manner that is incompatible with the safe
operation of the airport or an aircraft; and 2) to prevent lands adjacent to or in the
vicinity of facilities used to provide services relating to aeronautics from being used
or developed in a manner that would cause interference with signals or
communications to and from aircraft or to and from those facilities.
It is the landowner's responsibility to be aware, and to make all users of the land
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.
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8.b)
37 -
8.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
9. 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
Review's signature will be endorsed on the plan and it will be forwarded to the
Registry Office for registration.
The following is required for registration and under The Registry Act and for our
use:
one original mylar
two mylar copies
four white paper prints
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED ZONING BY-LAW AMEN DMENTAND
MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION 30T-10202
UNDER SECTIONS 34 & 51 OF THE PLANNING ACT
Grand River Flats Subdivision Stage 5 30T-10202, Rivertrail Avenue
Rockway Holdings LTD. is proposing to modify Stage 5 of the draft approved Plan of Subdivision 30T-
10202 and to change the zoning of the lands to allow the site to be developed with 92 single detached
dwellings, 75 street -fronting townhouse dwellings, a 2.05 hectare park and new local streets.
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, June 14, 2021 at 7:00 p.m.
(live -stream video available at kitchener.ca/watch now)
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/delegations or by contacting Legislated
Services at 519-741-2200 ext. 2203 by no later than 4:00 p.m. on June 14, 2021. 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 INFORMATION is 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).
Craig Dumart, Planner - 519-741-2200 x 7073 (TTY: 1-866-969-9994) craig.dumartakitchener.ca
Region of Waterloo
Katie Anderl, BES, MCIP, RPP
Senior Planner
Planning Division, Community Services Dept.
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Dear Ms. Anderl:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Shilling Yip (519) 575-4496
File: D18-30/4/10202 and
C14-60/4/20006
November 17, 2020
Re: ZBA 20/006/R/KA and Major Modification to
Plan of Subdivision 30T-10202, Stage 5
Fairway Road and Zeller Drive (STAGE 5 Comments)
Rockway Holdings Limited
CITY OF KITCHENER
Region staff has reviewed the above -noted applications and provide the following
comments for your consideration at this time. The Developer is proposing to modify
Stage 5 of its plan of subdivision to provide for 92 single detached dwellings, 75 street -
fronting townhouse dwellings, a 2.05 ha park and new local streets. Stage 5 is currentl
draft approved to provide for low rise multiple residential with 243 multiple (apartment)
or cluster townhouse dwellings and 27 single detached dwellings, a 2.03 ha park and
one cul-de-sac.
Hydrogeology and Source Water
HSW staff has no comments, but has indicated the prohibition on geothermal wells must
continue to apply on the subject lands.
Water Services
Water Services Engineering and Planning staff has no concerns with the proposed
modifications. Staff did advise that the subject property is located in Eastside Pressure
Zone with a static hydraulic grade line of 365.0 mASL. Any development with a finished
road elevation below 294.5 mASL will require individual pressure reducing devices on
each water service in accordance with Section B.2.4.7 of the Design Guidelines and
Supplemental Specifications for Municipal Services for January 2020.
Document Number: 3446346 Version: 1
Corridor Planning
Pedestrian Access from Street A to "Planned Neighbourhood Park"
Region staff previously requested that a pedestrian access from Street A to the
"Planned Neighbourhood Park" be provided in order to reduce the walking distance for
transit users accessing the transit stop at Zeller Drive and Watervale Drive. Region
staff would ask that the City consider this request further.
Environmental Noise
A noise study has been completed for this site entitled, "Noise Feasibility Study,
Proposed Residential Development, Stage 5 Grand River Flats, Kitchener, Ontario"
(HGC, March 10, 2020). Although staff continues to review the report, staff has no
objection with the continued processing of the planning applications. Implementation of
the Study recommendations will need to be secured through conditions of draft approval
to enter into a registered agreement with the Region and/or the City. Comments on the
study will be provided under separate cover.
Airport
Airport staff is not supportive of residential developments, particularly Lots 67 to 92
(single -detached dwellings) in such close proximity to the NEF 30 noise contour area as
speech interference and annoyance caused by aircraft noise are experienced and, on
average, established and growing at NEF 30. As outlined in Transport Canada's
publication on land use in vicinity of airports, the applicant has submitted a noise
feasibility study in support of development. Staff trusts the recommendations of the
feasibility study will be implemented prior to occupancy of these dwelling units.
New Streets
The new Streets A, B and C have not been assigned names. Staff is assuming these
will be municipal streets (i.e., not private).
Planning Fees
Pursuant to Region Fee By-law 20-001 staff acknowledges receipt of the required
subdivision modification and ZBA planning fees applicable to the applications received
May 27, 2020.
Regional Development Charges
Any future development on the subject lands will be subject to provisions of Regional
Development Charges By-law 19-037 or any successor thereof.
Region staff has no objection to City staff proceeding with a recommendation to
Kitchener Council on the proposed ZBA and subdivision modifications subject to the
comments noted above, and modifications to the conditions of draft approval set out
below.
Document Number: 3446346 Version: 1
Modifications to Region Conditions of Draft Approval
Region staff recommends the following Region conditions of draft approval be modified
as noted below.
1) 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.
6) Deleted.
13) Deleted.
14) Deleted.
15) That the Owner enters into an agreement with the City of Kitchener and/or the Regional
Municipality of Waterloo to provide for implementation of the recommendations of the
noise feasibility study entitled "Noise Feasibility Study, Proposed Residential
Development, Stage 5 Grand River Flats, Kitchener, Ontario" (HGC, March 10,
2020), to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
16) Deleted.
19) That prior to final approval, the owner enters into an agreement with the Regional
Municipality of Waterloo, to include the following warning clause on all offers to purchase
and/or rental agreements for all residential lots and blocks within this plan:
"Prospective purchasers and tenants are advised that all lots and blocks in this plan of
subdivision are located within or in close proximity to one of the flight paths leading into
and out of the Region of Waterloo International Airport and that aircraft noise and
directional lighting along this flight path may cause concern to some individuals".
That the agreement include a provision if necessary, that the above -noted clause in the
declaration associated with any future application for plan of condominium for Blocks 93
to 97 (Stage 5), to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
20) That the owner provides an easement in favour of the Region from Street A over park
Block 100 (Stage 5) in order to provide access for the future construction and long term
maintenance of airport light towers, and to provide access for long term maintenance of
the existing Regional watermain.
23) That prior to final approval, the owner enters into an agreement with the Regional
Municipality of Waterloo to indicate that any future site specific grading and drainage
plan/SWM report submitted for site plan approval for multiple residential blocks being,
Blocks 93 to 97 (Stage 5), be in accordance with the approved Stormwater Management
Plan for this plan of subdivision.
24) Deleted.
25) Deleted.
Document Number: 3446346 Version: 1
26) Deleted.
27) Deleted.
Should you have any questions, please do not hesitate to contact the undersigned.
Yours truly,
Shilling Yip, MCIP, RPP
Principal Planner
cc. Chris Pidgeon, GSP Group
Document Number: 3446346 Version: 1
Craig Duinart
From: Katie Anderl
Sent: Monday, December 07, 2020 2:08 PM
To: Craig Dumart
Subject: Fw: GRF Stage 5 Mod
From: Christine Goulet <Christine.Goulet@kitchener.ca>
Sent: July 29, 2020 11:30 AM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: GRF Stage 5 Mod
Hi Katie,
I've reviewed the latest submission and offer the following comments. I came into this development last minute, so
some of my questions are trying to get me up to speed. A lot of my comments are in response to what Jason asked for
in the pre submission meeting.
General
• Who will own Block 101 open space? Is it not part of the Park block because it's floodplain? Block 98 and 99
owned by city too? I don't think the Region will need an easement over their watermain if the land is owned by
the City
• GHD recommends removing the fill that's been placed over the years down to native soil, and replaced in
controlled lifts (block by block in report). Because site will mostly need to be filled, we will not need an
USF/HGW plan at this time.
• Geotech report talks about a retaining wall at rear of lots 55-60, 1 don't see this on the grading plan. Wall would
need to be completely on private property
• Will need an ECA for the sanitary and storm sewers
• Is a lot being split to turn into ROW just under Lot 30? What will the remaining part of the lot become?
Storm/SWM
• Keep storm sewer under 95% capacity (eg: area 313 is at 97%) This is a general statement, if it drastically affects
the network having to upsize a pipe, we can take that into consideration
• Parks won't like a 750mm storm sewer going through the park. Will grades work on Rivertrail Avenue, you just
don't want to dig up/upgrade the newly laid pipe?
• More than half of lots 62-92 are draining back towards the River (should be going to sewer and pond) 80-84
would get caught in the proposed sewer
• Does not appear to have a need for any rear yard catch basins and/or easements
• Lot level infiltration galleries proposed, designed for 25mm of roof water. Since the sites will have fill brought
in, there should be no reason why each lot will not have their own gallery (no need for the contingency galleries
as mentioned in the SWM report)
• Because this is a major mod, they will need to meet the retention policy. They should demonstrate if the 25mm
of roof water will also achieve the 12.5mm over the entire stages impervious areas.
• Walter Fedy is not proposing any quantity or quality measures because they are going to meet the impervious
factors from the original report. This statement is acceptable, however they will need to show this with
calculations at detailed design.
Sanitary
Downstream sanitary constraint needs to be replaced during stage 5 construction, prior to building permits
being issued for stage 5 (this issue is also holding up site plan for 239 Eden Oak Trail)
New san flow proposed at 16.96L/s, original was 14.7L/s, but the stages don't align with the original design so
it's hard to compare.
Should provide design sheets all the way down to the pond to show no issues, and should show % capacity (max
95%)
Water
• KU comments on water servicing, hydrant spacing, individual PRV's etc. (Angela has no comments)
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca
of", =� Via =0 0
l �j'
Craig Dumart
From: Jeremy Vink <jvink@woolwich.ca>
Sent: Wednesday, June 17, 2020 9:25 AM
To: Katie Anderl
Subject: 30T-10202 Stage 5 (ZBA/Subdivision Modification)
Katie
The Township of Woolwich has reviewed the proposed modifications to 30T-10202 and the associated ZBA, and has no
objections.
Jeremy Vink MCIP RPP
Manager of Planning
Development Services, Township of Woolwich
24 Church Street West, P.O. Box 158
Elmira, Ontario N3B 2Z6
Phone: (519) 669-1647 ext. 6038
Toll Free: 1-877-969-0094 ext. 6038
Direct Line - (519) 669-6038
Fax - (519) 669-4669
Email - ivinkCa�woolwich.ca
Website - www.woolwich.ca
Like us on Facebook and Follow us on Twitter
Craig Dumart
From:
Dave Seller
Sent:
Tuesday, July 28, 2020 10:06 AM
To:
Katie Anderl
Subject:
30T-10202 Grand River Flats Stage 5 Modification comments
City of Kitchener
SUBDIVISION COMMENT FORM
Project Address: 30T-10202 Grand River Flats Stage 5 Modification
Date of Meeting: No meeting
Application Type: Modification
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: July 28, 2020
Specific Comments:
a. Ensure that all on -street parking is provided within Stage 5 and that an on -street parking plan is submitted for
review and comments.
b. A pavement marking and signage plan be submitted for Stage 5 for review and comments.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca
1
Internal memo
Development Services Department
Date: August 7, 2020
To: Katie Anderl, Senior Planner
From: Victoria Grohn, Planner (Heritage)
cc:
Subject: Grand River Flats Draft Plan of Subdivision 30T-10202
Major Modification to Stage 5 and ZBA20/006/R/KA
Rockway Holdings Ltd.
Kf-i- NE;R
www.kitchener.ca
Heritage Planning staff have reviewed the proposed Major Modification to Draft Plan of
Subdivision 30T-10202 and the proposed Zoning By-law Amendment Application
ZBA20/006/R/KA for the lands that comprise Stage 5 of the Draft Plan of Subdivision.
A revised Heritage Impact Assessment was not required to be submitted as part of a complete
application as physical and visual access to the Grand River, as recommended in the Heritage
Impact Assessment, prepared by The Landplan Collaborative Ltd. dated January 25, 2010 and
amended February 12, 2010, continues to be addressed. The identification of priority lots,
particularly for lots 64, 65, 79, 80, and 85, further enhance the physical access points to the Grand
River and provide opportunity to regulate the location and placement of driveways, projections
and garages to reduce impacts on views.
The Planning Justification Report concludes that a Commemorative Plan and Design Brief will be
submitted in the future. In order to implement the recommendations of the HIA and facilitate
improvements, discussions relating to the preparation and submission of a Commemorative Plan
and Design Brief and the installation of commemorative and interpretive displays within public
spaces will need to occur between Heritage Planning staff, Parks staff, the GRCA, and the
owner/applicant. The conditions of draft approval outlined in KDA 16/04 dated March 17, 2016
continue to apply but may be amended to respond to an approved Commemorative Plan and
Design Brief.
Craig dumart
From: Katie Anderl
Sent: Monday, December 07, 2020 2:09 PM
To: Craig Dumart
Subject: Fw: Circulation for Comment - 30T-10202 Stage 5 (ZBA/Sub Mod)
From: Carrie Musselman <Carrie.Musselman@kitchener.ca>
Sent: July 7, 2020 3:21 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: RE: Circulation for Comment - 30T-10202 Stage 5 (ZBA/Sub Mod)
Hello Katie,
I've completed a review of the General Vegetation Overview, Grand River Flats Development Stage 5 that was prepared
by GSP Group Inc. dated April 16, 2020 submitted as part of a complete application in support a Zoning By law
Amendment (ZBA20/006/R/KA) and Subdivision Modification (30T-10202, Stage 5) to develop 92 single detached
dwellings, 75 street -fronting townhouse dwellings, a 2.05 ha park and new local streets.
Thirteen trees have been identified within Stage 5 and all are to be removed to facilitate the proposed development. The
removal of the vegetation is consistent with what was recommended previously.
I do not have any concerns going forward with the ZBA and Subdivision Modification as proposed.
Regards,
Carrie Musselman, BSc., Dip.
*Working Remotely — Please Correspond By Email — Your Patience Is Appreciated*
Senior Environmental Planner I Planning I City of Kitchener
519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselman@kitchener.ca
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Tuesday, June 16, 2020 2:44 PM
To: Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Andrew Ramsaroop
<Andrew.Ramsaroop@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller <Dave.Seller@kitchener.ca>;
David Paetz <David.Paetz@kitchener.ca>; DSD - Planning Division <DSDPIanningDivision@kitchener.ca>; Feds
<vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson
<Jim.Edmondson@kitchener.ca>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Lesley MacDonald
<Lesley.MacDonald@kitchener.ca>; Linda Cooper <Linda.Cooper@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; MTO - Allan Hodgins (allan.hodgins@ontario.ca) <allan.hodgins@ontario.ca>; MTO -
Bonnie Baker <Bonnie.L.Baker@ontario.ca>; Ontario Power Generation<Executivevp.lawanddevelopment@opg.com>;
Park Planning (SM) <Park.Planning@kitchener.ca>; Parmi Takk <Parmi.Takk@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>;
Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; UW - SA
<Steven.amirikah@uwaterloo.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary
(elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>; Aaron McCrimmon-
Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Andrew Ramsaroop<Andrew.Ramsaroop@kitchener.ca>; Ashley
DeWitt <Ashley. DeWitt@kitchener.ca>; Barb Fairbairn <Barb.Fairbairn@kitchener.ca>; Bell - c/o WSP
<circulations@wsp.com>; Canada Post -Jamie Bere <james.bere@canadapost.ca>; Carol Bacon
<Carol.Bacon@kitchener.ca>; DSD - Planning Division <DSDPIanningDivision@kitchener.ca>; Feds <vped@feds.ca>;
Craig Dumart
From: Chris Foster -Pengelly <cfosterpengelly@grandriver.ca>
Sent: Friday, February 26, 2021 3:30 PM
To: Matt Ninomiya; Katie Anderl
Cc: whs@onlinedata.com; Chris Pidgeon; Melissa Larion; Trevor Heywood
Subject: RE: Grand River Flats - Water Balance info
Hi Matt, Katie,
As per the email chain below, the GRCA understands that the Region of Waterloo has concerns with the contingency
infiltration measures here due to Source Water Protection concerns. As such, the GRCA will not require the contingency
infiltration measures and has no objection to the applications identified below:
Zoning By-law Amendment ZBA20/006/R/KA — 30T-10202
Official Plan Amendment OPA20/002/E/KA and Zoning By-law Amendment ZBA20/005/E/KA, 239 Eden Oak
Trail.
Thank you,
Chris
Chris Foster -Pengelly, M.Sc.
P: (519) 621-2763 x2319
F: (519) 621-4844
www.grandriver.ca
From: Matt Ninomiya <mninomiya@walterfedy.com>
Sent: Sunday, November 8, 2020 7:22 PM
To: Chris Foster -Pengelly <cfosterpengelly@grandriver.ca>
Cc: Melissa Larion <mlarion@grandriver.ca>
Subject: FW: Grand River Flats - Water Balance info
Chris,
See email below from the Region. Kindly advise on the GRCA's position on the water balance based on the Region's
response. Let me know if you would like to discuss.
With thanks,
matt
From: Geoff Moroz <GMoroz@regionofwaterloo.ca>
Sent: November 6, 2020 5:12 PM
To: Matt Ninomiya <mninomiva@walterfedy.com>
Cc: Chris Pidgeon <cpidgeon@gspgroup.ca>; Christine.Goulet@kitchener.ca; Katie.Anderl@kitchener.ca; Don Corbett
<DCorbett@regionofwaterloo.ca>
Subject: RE: Grand River Flats - Water Balance info
Hi Matt, given the high vulnerability of the lands in last phases of this development, we would be more comfortable with
the infiltration deficit than with actively infiltrating salty runoff from impervious surfaces. We would be comfortable
moving forward without any contingency infiltration measures being implemented. Please keep me in the loop with
GRCA's response.
Enjoy the beautiful weather this weekend!
Geoff
Geoff Moroz, P.Geo. — Hydrogeologist
Water Services Division, Regional Municipality of Waterloo
(519) 575-4400 x 3863
From: Matt Ninomiya <mninomiya@walterfedy.com>
Sent: November 4, 2020 10:33 AM
To: Geoff Moroz <GMoroz@regionofwaterloo.ca>
Cc: Chris Pidgeon <cpidgeon@gspgroup.ca>; Christine.Goulet@kitchener.ca; Katie.Anderl@kitchener.ca
Subject: Grand River Flats - Water Balance info
Geoff,
Thanks again for the discussion. Please see attached PDF with excerpts from the approved IBI SWM report specifically
relating to the Water Balance calculations. Based on the attached, it notes that for the overall subdivision there is
76,730sq.m of roof area to infiltrate, equating to 132mm/yr and another 188,937sq.m of pervious area to infiltrate for a
total of 200mm/yr of annual infiltration. This matches the existing annual infiltration rate of 200mm/yr.
The second PDF is based on actual lot and rooftop sizes. Lot sizes were broken into 1m groups and then each phase was
reviewed to determine the number of lots in each size group. Then for each lot size/group, an average rooftop area was
calculated. In the second PDF, the top table is based on all lots having infiltration galleries installed. The bottom table is
based on actual lots recognizing that some lots did not have infiltration galleries installed. The yellow highlighting
indicates lots where the lot count with galleries were reduced. Based on the bottom table, if galleries are installed on all
remaining lots, there would be a total of 66,855sq.m of rooftop infiltrated. This results in a deficit of 9,875sq.m or
17mm/yr and we are able to achieve 91.5% of the Existing Conditions Water Balance.
Let me know if there is additional information or clarification you required. If you want digital copies of the IBI report or
other documents, just let me know and I can put them on an FTP site.
Let us know the Region's position on this at your earliest opportunity.
With Thanks,
matt
Matt Ninomiya, MBA, P.Eng.
Land Development Practice Lead, Civil
Associate
WALTERFEDY
675 Queen St. S., Suite 111
Kitchener, ON N21VI 1A1
519.576.2150 x399
800.685.1378
WalterFedy and AEC Developments have taken the step to protect our employees and clients and have closed our offices. Employees will be working
remotely and you can continue to connect with us via phone and email. Although our office is closed, we will still be working regular office hours to best
serve our clients.
Grand River Conservation Authority
Resource Management Division
Chris Foster -Pengelly
Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2763 ext. 2319
Fax: (519) 621-4884
E-mail: cfosterpengelly@g rand river.ca
PLAN REVIEW REPORT: City of Kitchener
Katie Anderl
DATE: YOUR FILE: GRCA FILE:
August 11, 2020 ZBA20/006/R/KA ZBA20/006/R/KA — 30T-10202
RE: Zoning By-law Amendment ZBA20/006/R/KA
Modification to Stage 5, 30T-10202
Rockway Holdings Ltd.
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff have now had the opportunity to review the
information circulated with the above -noted application. Based on our review of the materials
provided, we are not in a position to support approval of the application at this time. We require
further information in support of the zoning by-law amendment. Please see our detailed
comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject lands (Stage 5) contain
an area of corrected effective floodplain. Although not shown on the Proposed Draft Plan, it
is expected that several lots (e.g. lots 87 through 92) will be within the regulated allowance
to the floodplain. Therefore, a portion of the development is regulated by the GRCA under
Ontario Regulation 150/06 - Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Regulation. A copy of our resource mapping is attached for
your reference.
2. Legislative/Policy Requirements and Implications:
The Functional Grading, Servicing and SWM Plan prepared by Walter Fedy (dated March
12, 2020), indicates that the existing stormwater management pond built during Stage 1 has
sufficient capacity to accommodate the proposed Stage 5 development. However, no
analysis or discussion of water balance has been provided. As development is proposed
adjacent to the floodplain of the Grand River, it should be demonstrated that the
development will not have a negative impact on the local water balance. As such, we are not
in a position to recommend approval of the application until such time as potential impacts to
water balance have been analyzed and documented. We request that this information be
submitted to our office for review.
Please be advised that any future development, including but not limited to grading, in the
regulated area will require advanced permission from the GRCA in the form of a permit
pursuant to Ontario Regulation 150/06.
Page 1 of 2
3. Plan Review Fees
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA
areas of interest. This zoning by-law application is considered a "major application". By
copy of correspondence, the applicant will be invoiced in the amount of $2,290 for our
review of the application.
We trust that this information is of assistance. If you have any questions or require additional
information please contact Chris Foster -Pengelly, Resource Planner at 519-621-2763 ext. 2319
or cfosterpe nge I Iy@g rand river. ca.
Sincerely,
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
ML/cfp
cc: Bill Seegmiller / Seth Jutzi, Rockway Holdings (email)
Chris Pidgeon, GSP Group (email)
Matt Ninomiya, Walter Fedy (email)
* These comments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
Page 2 of 2
City of Kitchener
COMMENT FORM
Project Address:Stage 5, 30T-10202 Grand River Flats
Date of Meeting: n/a
Application Type: Zoning By-law Amendment ZBA20/006/R/KA
Modification to Stage 5, 30T-10202
Comments Of: Urban Design
Commenter's Name: Lenore Ross
Email: lenore.ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: Date of comments.
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
❑X 1 do NOT plan to attend the meeting
Subdivision Plan 30T-10202 dated May 27 2019 revision November 06 2019 (SP)
Grand River Flats Nieghbourhood Design Brief S- Stage 5 — GSP Group dated March 2020 (DB)
1. As noted in the pre -submission meeting, the grades at the rear of lots 30 — 54 are significant and will
impact the usable area of these lots; a 30 m lot depth may not be sufficient to achieve functional
rear yards and accommodate required infrastructure and easements.
2. 1 have no concern with the proposed transfer of density from Block 5 to 239 Eden Oak Trail
(formerly Block 214, Stage 3 30T-10202)
3. The Design Brief Addendum requires minor ammendments:
a. Section 1.2 (pdf pg 5) Purpose and Scope should be clarified as follows: "This report has
been prepared in support of the Proposed Development and it should be read in
conjunction with all other submitted materials and original approved Subdivision
documents. This report contains:..."
b. The guidelines for Conservation Block Lots indicates (on pdf pg 22) "Side and rear elevations
should receive the same architectural quality and finishes as the front fagade, including the
use of porches, stairs or other projections, secondary or horizontal door entries, horizontal
articulation, brick or masonry -style skirting and accentuating windows, and increased
building massing and/or height; " what is meant by "secondary or horizontal door entries"?
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
c. The second bullet point (neutral, earth tones) within the guidelines for Conservation Block
Lots indicates (on pdf pg 22) should be removed.
d. The sixth bullet point (native plantings) within the guidelines for Conservation Block Lots
indicates (on pdf pg 22) should be removed.
e. The Priority Lotting Plan requires minor amendments: lots 54-62 and Lot 84 should also be
identified as Park Space Lots; Lot 85 shoud be identified as a Corner Lot.
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Figure 12 Stage 5 Lotting Priority Plan (GSP Group, January 2020)
4. Updated Streetscape Plans will be required as a part of subdivision registration clearances
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Craig Dumart
From: Katie Anderl
Sent: Monday, December 07, 2020 2:08 PM
To: Craig Dumart
Subject: Fw: Stage 5 Grand River Flats
From: Katie Anderl
Sent: July 15, 202011:50 AM
To:
Subject: RE: Stage 5 Grand River Flats
Hi
Thanks for reaching out. I connected with the project engineer to confirm the details of their grading proposal behind
River Ridge Street and they have provided the following:
While the grading plans have not yet been approved, the lots behind River Ridge Street are proposed to match the
existing grade at the mutual property line, and will be graded to more gently slope towards the centre of Stage S.
Substantial fill will be added to raise the centre of the Stage to the elevation of Rivertrail Avenue. The lots behind River
Ridge Street will have a slope of about 2.5% towards the new proposed street, which will have an effect of a decrease in
elevation of approximately 3 metres (1 storey) from the rear of River Ridge (the top of the slope) to the frontage of the
new lots (along the proposed street).
I trust that this is the information you are looking for. This plan is still under review by the City, but in essence, the
applicant is proposing that the lots behind you will slope down, away from your property with the new street being
about 3 metres (about 1 story) lower than the back of your lot. The grades will continue to decrease toward the open
space area closer to the river.
Please let me know if you require anything further, and I will also add you to my contact list so that you will stay
informed as this application continues to be considered.
Thanks,
Katie
Katie Anderl
Senior Planner I Planning Division I City of Kitchener
519-741-2200 x7987 TTY 1-866-969-9994 1 katie.anderl@kitchener.ca
*Working Remotely— Please Correspond By Email —Your Patience Is Appreciated*
From
Sent: Tuesday, July 14, 2020 7:47 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: [EXTERNAL] Stage 5 Grand River Flats
Hi Katie,
We received your communication in the mail with regards to the proposed stage 5 zoning in Grand River
Flats. Our home backs onto the proposed updated area, we are at
As I reviewed the map, I was not able to decern what the grading will be in the proposed zone 5? Today we
are considerably higher than the current open space (zone 5), but was not sure if the intent is to backfill that
space such that we are level with the proposed new homes or if the proposed new homes will be built at the
current elevation in zone 5. And if the second option is chosen, will there be any work done by the city to
clear out/grade the existing slope?
Thanks for any info that you can provide. We appreciate it.
Craig Dumart
From: Katie Anderl
Sent: Friday, November 27, 2020 8:34 AM
To: 'Aam i r
Subject: RE: [EXTERNAL] RE: Grand River Flats Subdivision
Hi
I heard back from one of our Engineer's and she has confirmed that this is not work associated with the subdivision
behind you. At this point the subdivision is still under review and construction has not been approved yet. It may be that
the private property owners are undertaking this on their own.
I will add you to our circulation list for the subdivision and you will receive notice when this application proceeds to
Committee and Council for a decision, so that you are kept informed of timing.
Kind Regards,
Katie
From: _
Sent: Thursday, November 26, 2020 1:55 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: [EXTERNAL] RE: Grand River Flats Subdivision
Sorry -continuing from my previous email...) saw retaining wall being built for two houses next to me. So, I thought may
be some progress has been made.
Regards,
From: Aamir
Sent: Thursday, November 26, 2020 1:54 PM
To: 'Katie Anderl'
Subject: RE: Grand River Flats Subdivision
Hi Katie,
I hope all is well. Just wondering if there has been any progress on this project?
Kind Regards,
From: Katie Anderl[mailto:Katie.AnderlC@kitchener.ca]
Seng w-Inesdav, September 23, 2020 10:37 AM
To
Subject: RE: Grand River Flats Subdivision
Hi,
At this point I am not sure exactly when the project construction work will begin. At this time they have applied for
approval of this plan and the zoning, and the proposal is being reviewed by the City. City Council will be required to
make a decision on the application and once this is done they could being to finalize plans and begin work. I'm not
expecting that this would occur before next spring/summer at the earliest.
With respect to the grades I have connected with the project engineer to confirm the details of their grading proposal
behind River Ridge Street and they have provided the following:
While the grading plans have not yet been approved, the lots behind River Ridge Street are proposed to match the
existing grade at the mutual property line, and will be graded to more gently slope towards the centre of Stage 5.
Substantial fill will be added to raise the centre of the Stage to the elevation of Rivertrail Avenue. The lots behind River
Ridge Street will have a slope of about 2.5% towards the new proposed street, which will have an effect of a decrease in
elevation of approximately 3 metres (1 storey) from the rear of River Ridge (the top of the slope) to the frontage of the
new lots (along the proposed street).
This plan is still under review by the City, but in essence, the applicant is proposing that the lots behind you will slope
down, away from your property with the new street being about 3 metres (about 1 story) lower than the back of your
lot — a much more gradual slope than exists today. The grades will continue to decrease toward the open space area
closer to the river.
If you would like to send me your complete mailing address, I can add you to my notice list so that you will receive
notice of when this may proceed to Committee/Council for consideration.
Kind Regards,
Katie
Katie Anderl
Senior Planner I Planning Division I City of Kitchener
519-741-2200 x7987 I TTY 1-866-969-9994 1 katie.anderl@kitchener.ca
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i
From:
Sent: Tuesday, September 22, 202011:51 AM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: [EXTERNAL] Grand River Flats Subdivision
Good Afternoon,
Please see the attached letter sent by you in June. I am wondering what are the updates and timelines?
Timeline they will start grading the land?
At the edge of my backyard boundary, there is a huge downhill slope right now which is now part of the newly
proposed single detached houses. Will they clear the slope and build a retaining wall at our boundary? Will they
keep the slope?
• What will be height difference (may be the technical word is elevation difference) between my backyard and
flattened / graded ground for the proposed single detached and townhouses?
• Approximately when we can see house construction at the back.
Regards,