HomeMy WebLinkAboutDSD-2022-257 - Zoning By-law Amendment ZBA22/004/B/TS - Modification to Draft Approved Plan of Subdivision 30T-08206 - 1525 Bleams Road - Mattamy (South Estates) LimitedStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 13, 2022
SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: May 11, 2022
REPORT NO.: DSD -2022-257
SUBJECT: Zoning By-law Amendment ZBA22/004/B/TS
Modification to Draft Approved Plan of Subdivision 30T-08206
1525 Bleams Road
Mattamy (South Estates) Limited
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA22/004/B/TS for Mattamy (South Estates)
Limited be approved in the form shown in the "Proposed By-law", and "Map No. 1", attached
to Report DSD -2022-257 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-08206, in the City of Kitchener, for
Mattamy (South Estates) Limited, as attached to Report DSD 2022-257 as Appendix `B'.
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation on the
Subdivision Modification and Zoning By-law Amendment applications for subject lands located
at 1525 Bleams Rd. The applications propose to add the lands located at 1525 Bleams Road
into Stage 2 of Draft Approved Plan of Subdivision 30T-08206.
Community engagement included:
o circulation of a postcard to residents and property owners within 240m of the subject
site;
o installation of notice signage on the property;
o postcard advising of the public meeting was circulated to all residents and property
owners within 240 metres of the subject site, and,
o notice of the public meeting was given in The Record on May 20, 2022.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 4 of 520
EXECUTIVE SUMMARY:
Mattamy (South Estates) Limited, the owner of the subject lands, is proposing to modify Stage 2 of
the draft approved Plan of Subdivision 30T-08206 and to change the zoning of the lands to allow the
site to be developed with 6 single detached dwellings and 1 street fronting townhouse dwelling.
Figure 1 - Location Map: 1525 Bleams Road
BACKGROUND:
The South Estates Subdivision (30T-08206) was originally draft approved September 2, 2015, by
the Ontario Municipal Board (case numbers PL140874 and PL140877). 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, and open
spaces. Since 2012, the subdivision has undergone one minor modification to the Draft Plan of
Subdivision to change the boundaries of stages. The most recent minor modification was in 2021
removing a parcel of Land from Stage 1 and creating Stage 2. Stage 1 is registered, and Stage 2 is
the last remaining stage of the Plan of Subdivision that is not registered.
Page 5 of 520
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Figure 1 - Location Map: 1525 Bleams Road
BACKGROUND:
The South Estates Subdivision (30T-08206) was originally draft approved September 2, 2015, by
the Ontario Municipal Board (case numbers PL140874 and PL140877). 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, and open
spaces. Since 2012, the subdivision has undergone one minor modification to the Draft Plan of
Subdivision to change the boundaries of stages. The most recent minor modification was in 2021
removing a parcel of Land from Stage 1 and creating Stage 2. Stage 1 is registered, and Stage 2 is
the last remaining stage of the Plan of Subdivision that is not registered.
Page 5 of 520
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Figure 2 — 30T-08206 Draft Plan of Subdivision.
The subject lands will be added to Stage 2 of the draft approved Plan of Subdivision 30T-08206.
The added lands are the former pumping station lands that have frontage onto Bleams Road at the
north end of the South Estates subdivision. Stage 2 of the subdivision includes a small parcel of land
which is draft approved and zoned for a low-rise residential development. When the lands are added
to Stage 2, there will be a total of 6 new single detached dwelling units, and one street fronting
townhouse unit created. The development will also result in the construction of the undeveloped
portion of Histand Trail, providing a through connection for the portion of Histand Trail located within
the Draft Plan of Subdivision. The proposed lots and built form are consistent with the residential
uses approved in Stage 1.
REPORT:
The owner is proposing to modify Stage 2 of the draft approved Plan of Subdivision 30T-08206 and
to change the zoning of the subject lands to allow the site to be developed with 6 single detached
dwellings and one street fronting townhouse unit.
To facilitate the modification to Stage 2 of Draft Plan of Subdivision 30T-08206, the owner is
proposing the following zoning to apply to the subject lands: R-6 (Residential Six Zone) with Special
Regulations 671 R, 672R, 673R, and 674R. The proposed zoning is the same as the rest of the
subdivision that was approved through the Ontario Municipal Board (OMB) in 2015.
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
Page 6 of 520
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, 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 six
additional single detached dwellings and one street fronting townhouse dwelling.
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 -fronting 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 add residential uses, which aligns with the requirement to achieve
minimum 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. 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 `D'). Planning staff
are of the opinion that the applications conform to the Regional Official Plan as they propose to add
an additional seven units to the plan of subdivision.
Page 7 of 520
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' in the City's Urban Structure (Map 2).
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.
Land Use Designation
The subject lands are designated Low Density Residential Two in the in the Rosenburg Secondary
Plan within the 1994 Official Plan. The Low Density Residential land use designation permits a full
range of low density housing types which may include single detached dwellings and street
townhouse dwellings. Secondary residential units are also permitted on the same lot as single
detached dwellings where appropriate.
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
six single detached dwellings and one street fronting townhouse.
Policy Conclusion
Planning staff are of the opinion that the proposed Zoning By-law Amendment and modification to
Draft Plan of Subdivision 30T-08206 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 Agricultural Zone (A-1) and Agricultural Zone (A-1) with
Special Regulation Provision 1 R.
The applicant has requested an amendment to Zoning By-law 85-1 to change the zoning on the
lands as follows (and further detailed and shown on Map No.1):
Area 1: From Agricultural Zone (A-1) to Residential Six Zone (R-6) with Special Regulation
Provisions 671 R, 672R, 673R and 674R.
Area 2: From Agricultural Zone (A-1) with Special Regulation 1 R to Residential Six Zone (R-
6) with Special Regulation Provisions 671 R, 672R, 673R and 674R.
Proposed Modifications to Draft Approved Plan of Subdivision:
Mattamy (South Estates) Limited is proposing to modify the draft approved Plan of Subdivision 30T-
08206. The proposed modification is associated with a Zoning By-law Amendment, which required
Council approval.
The modification to the draft approved Plan of Subdivision 30T-08206 applies to Stage 2 only. Stage
1 is registered, and Stage 2 is the last remaining stage of the Plan of Subdivision that is not registered
Page 8 of 520
and remains draft approved. The conditions that were satisfied as part of the Stage 1 registration
and not applicable to Stage 2 have been deleted from the proposed new conditions. The original
draft approved plan for Stage 2 showed a small area of land zoned for low-rise residential. The intent
was to add the subject lands to Stage 2 to develop the lands with a total of six new single detached
dwelling units, and one street fronting townhouse unit. The development will also result in the
construction of the undeveloped portion of Histand Trail, providing a through connection for the
portion of Histand Trail located within the Draft Plan of Subdivision. The development of these lands
with six single detached dwellings and one street fronting townhouse unit was always contemplated
with the original development applications, but the lands were previously used for a temporary
pumping station. As a result of infrastructure improvements, the temporary pumping station is no
longer needed, and the lands can be incorporated within the plan of subdivision and developed as
intended.
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 following condition has been added by the City of Kitchener:
2.30 That prior to registration of Stage 2 of the plan of subdivision, the SUBDIVIDER complete a
Record of Site Condition (RSC) for all of the lands in Stage 2 accordance with Ontario
Regulation 153/04. A copy of the completed RSC, acknowledgement from the Ministry of
the Environment, Conservation and Parks, and any other documents (e.g., Environmental
Site Assessment reports) completed in support of the RSC must be forwarded to the CITY'S
Directors of Engineering and Planning.
The following conditions have been altered/added by the Region of Waterloo
3.15 That if required by the Region, the Owner obtains a Regional Road Access Permit to close
the existing access on Bleams Road (Regional Road 56).
3.16 That the Owner upon written request by the Region, or that the plan for final approval
(whichever comes first), provide for road widening Block 8 (Stage 2), and any road widening
dedication along the Bleams Road frontage identified through the Bleams Road
environmental assessment project as deemed necessary by the Region, to the satisfaction
of the Regional Commissioner of Planning, Development and Legislative Services.
3.19 That prior to final approval, the Owner enter into an agreement with the Regional Municipality
of Waterloo for the installation of a 1.5 metres high chain link fence along any lot properties
fronting Bleams Road (Regional Road 56), to the satisfaction of the Regional Commissioner
of Planning, Development and Legislative Services.
3.22 a) That the Owner enter into an agreement with the Regional Municipality of Waterloo for
Lots 1 to 4, Block 5, Block 6 and Block 7, all inclusive, to provide for the installation of a
forced air -ducted heating system suitably sized and designed for the future installation of
a central air conditioning system by the occupant.
b) That the Owner enter into an agreement with the Regional Municipality of Waterloo for
Lots 1 to 4, Block 5, Block 6 and Block 7, all inclusive, to include the following warning
clause in all offers to purchase and/or rental agreements:
"Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks."
Page 9 of 520
"This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant's discretion. Installation of central air conditioning by the
occupant in low and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within the limits of
the Municipality and the Ministry of the Environment, Conservation and Parks."
3.25 That prior to area grading, servicing or final approval of all or any part of the plan of
subdivision, the SUBDIVIDER complete a Record of Site Condition (RSC) for all of the lands
in Stage 2 accordance with Ontario Regulation 153/04. A copy of the completed RSC,
acknowledgement from the Ministry of the Environment, Conservation and Parks, and any
other documents (e.g., Environmental Site Assessment reports) completed in support of the
RSC must be forwarded to the Regional Commissioner of Planning, Development and
Legislative Services. The RSC boundaries must exclude any land being dedicated to the
Region for road widening purposes.
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 February 7, 2022 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, August 2021
Planning Conclusions
In considering the foregoing, staff are supportive of the Zoning By-law Amendment and modification
to Draft Approved Plan of Subdivision 30T-08206. Staff is of the opinion that the subject applications
are consistent with policies of the Provincial Policy Statement (2020), conform to the 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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
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 February 2022. Notice of the Public Meeting was
posted in The Record on May 20, 2022 (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 240 metres of the subject lands on February 7, 2022.
In response to this circulation, staff received no written responses.
Page 10 of 520
PREVIOUS REPORTS/AUTHORITIES:
• Draft Plan of Subdivision 30T-08206
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• Growth Plan, 2020
• Regional Official Plan
• City of Kitchener Official Plan, 1994 & 2014
• City of Kitchener Zoning By-law 85-1
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Appendix A — Proposed Zoning By-law Amendment and Zoning Map
Appendix B — Proposed Conditions of Draft Plan Approval and Modified Draft Plan
Appendix C — Newspaper Notice
Appendix D — Department and Agency Comments
Page 11 of 520
Appendix "A"
PROPOSED BY — LAW
2022
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as
the Zoning By-law for the City of Kitchener
— Mattamy (South Estates) Limited — 1525 Bleams Road)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands
specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Numbers 64 and 65 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 Agricultural Zone (A-1) to Residential Six
Zone (R-6) with Special Regulation Provisions, 671 R, 672R, 673R and 674R.
2. Schedule Numbers 64 and 65 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, from Agricultural Zone (A-1) with Special Regulation Provision 1 R
to Residential Six Zone (R-6) with Special Regulation Provisions, 671 R, 672R, 673R, and 674R.
PASSED at the Council Chambers in the City of Kitchener this day of
2022
Mayor
Clerk
Page 12 of 520
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Modification to Conditions of Approval — December 2021
Draft Plan of Subdivision 30T-08206
Mattamy (South Estates) Limited
*1 That this approval applies to Plan of Subdivision 30T-08206 for Mattamy (South Estates)
Limited as shown on the attached Plan of Subdivision prepared by GSP originally approved
by the OMB on August 14, 2015, and revised by the City of Kitchener dated November 3,
2021 which shows the following:
Stage 1
Lots 30,47-52,
58-131,143-158,
164-182,202-232,236
273-279,297-422
Lots 249,250
Blocks 1-29,31-46,
53-57,132-142,
159-163,183-201,
233-235, 237-248,251-272,
280-296
Block
435
Block
433
Block
436
Block
432,434
Block
437
Block
438,439
Block 440
Blocks 425-430, 441, 447-454,
Block 431
Block 423
Blocks 424, 442-445
Block 446
Stage 2
Lots 1-4
Blocks 5-7
Block 8
CITY OF KITCHENER CONDITIONS:
Units
Single Detached Res. 281
Semi -Detached Res. 2
Street Townhouses 139
School
Park
Parkette
Hydro Corridor / Park
Open Space
Habitat Protection Area
Open Space/Stormwater Management
Future Development- Single Semi -Towns
Walkway
Neighbourhood Institutional
0.3m Reserve
Road Widening
Single Detached Res. 4
Future Development - Single
Road Widening
*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 originally approved at the OMB on August 14, 2015 and revised on
November 3, 2021 which shall contain the following additional special conditions:
Modification to 30T-08206
Page 14 of 520
PA
Part 2 — Prior to Grading
2.10 a) Prior to registration, pre -grading or pre -servicing as required, n 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.
b) The Core Environmental Feature limits should be re -confirmed and surveyed concurrent
with the design and development of these southern stages of the subdivision and at the
time of the Detailed Vegetation Plan to the satisfaction of the CITY'S Director of Planning.
c) The SUBDIVIDER shall provide a digital copy of the approved Detailed Vegetation Plan (where
applicable) showing the approved grading, to the CITY'S Director of Planning.
d) The SUBDIVIDER shall implement all approved measures for the protection of isolated trees,
tree clusters and woodlands as approved in the Detailed Vegetation Plan (where applicable)
and to provide written certification from the SUBDIVIDER'S Environmental Consultant to the
CITY'S Director of Planning in consultation with the CITY'S Cultural Heritage Coordinator that all
protection measures have been implemented and inspected, in accordance with the CITY'S
Tree Management Policy.
2.13 The SUBDIVIDER agrees to implement a detailed "pre -construction" monitoring program.
The monitoring program is to be approved by the CITY'S Director of Engineering Services
in consultation with the CITY'S Director of Planning, the Grand River Conservation
Authority and the Regional Municipality of Waterloo. The "pre -construction" monitoring
program will document current groundwater infiltration conditions, and will be used to
provide baseline information to compare conditions through the "during" and "post'
construction monitoring periods.
Further, the SUBDIVIDER agrees to submit, obtain approval of and implement a detailed
"during development' monitoring and response program. The program is to be approved
by the CITY'S Director of Engineering Services in consultation with the Grand River
Conservation Authority and the Regional Municipality of Waterloo. The purpose of the
"during development' monitoring program is to ensure that the groundwater infiltration
measures satisfy pre -development infiltration targets specified in the Alder Creek
Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as
well as the South west Urban Area Study, Comprehensive Storm Water Management
Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and that Chloride
Impact assessments meet the Reasonable Use Criteria of the Alder Creek Watershed and
Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as approved. The
"during development' monitoring program is to extend until full build out of the subdivision
to the satisfaction of the CITY'S Director of Engineering Services in consultation with the
GRCA and the Regional Municipality of Waterloo.
2.14 The SUBDIVIDER agrees to submit, obtain approval of, and implement a detailed "post
development' monitoring program in accordance with the Comprehensive Storm Water
Management Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and
the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL,
2008 report as approved. The program is to be approved by the CITY'S Director of
Engineering Services in consultation with the Grand River Conservation Authority and the
Modification to 30T-08206
Page 15 of 520
!X11
Regional Municipality of Waterloo. The purpose of the "post development" monitoring
program is to ensure that the stormwater management facility continues to satisfy the
current pre -development conditions for infiltration and to identify any specific additional
requirements that may be necessary to monitor, including but not limited to infiltration rates
for quantity and quality, chloride impact assessments. The "post development' monitoring
program will extend for 2 years after full build out of the subdivision to the satisfaction of the
CITY'S Director of Engineering Services in consultation with the GRCA and the Regional
Municipality of Waterloo.
The SUBDIVIDER further agrees to implement any remedial action deemed necessary
(including monitoring for 2 additional years should chloride levels exceed the Reasonable
Use Criteria of Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update
CH2MHILL, 2008 report as approved, including the design and installation of winter by-
pass upgrades, if required) as a result of the aforementioned monitoring program at their
sole expense to the satisfaction of the CITY'S Director of Engineering Services in
consultation with the GRCA and the Regional Municipality of Waterloo.
2.15 The SUBDIVIDER agrees that the recommendations of the Strasburg Creek Flood Control
Environmental Assessment (EA) shall be implemented and the existing culvert at Fischer
Hallman Road and Upper Strasburg Creek shall be replaced in accordance with the
Strasburg Creek Flood Control Environmental Assessment, prior to any grading or
servicing. Replacement of the existing culvert shall coincide with other engineering works in
the area and area grading shall be coordinated in order to minimize disturbance to
Strasburg Creek all to the satisfaction of the CITY'S Director of Engineering Services, the
Regional Municipality of Waterloo, and Grand River Conservation Authority. The City is
100% responsible for the cost of these works. If sufficient money is not allocated from the
appropriate CITY Development Charge Account(s) to permit the CITY to fund these works
or the works are not a Development Charge eligible expense and the SUBDIVIDER wishes
to proceed, the SUBDIVIDER agrees to provide and up -front the cost of these works.
Should these works become a Development Charge eligible expense, the CITY agrees to
recognize any monies paid by the SUBDIVIDER for any works or services normally paid
out of the CITY'S Development Charge Account with 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
or the works become a Development Charge eligible expense, whichever shall be later.
If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for
which credits are payable shall be registered for each stage prior to the registration of each stage
of the plan of subdivision, until there is no outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will be paid in the
normal 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 for
future development, or alternatively, the CITY may enter into an agreement with the SUBDIVIDER,
under Section 40 of the Development Charges Act, to enable the transfer of Development Charge
credits to other benefiting lands within the community, subject to satisfactory arrangements being
made between all parties.
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2.16 Prior to any site alteration, area grading, servicing or registration of any stage within this
plan, the SUBDIVIDER shall obtain any necessary permits and approvals from the Ministry
of Natural Resources (MNR) related to species at risk identified on or contiguous to the
subject lands in compliance with the Endangered Species Act. Any measures required by
MNR including but not limited to Overall Benefits Plans and/or Mitigation Plans shall be to
the satisfaction of the Ministry of Natural Resources and the City.
*2.17 Deleted.
2.18 Prior to registration, pre -grading or pre -servicing as required, a Stewardship Management
Plan should be developed, submitted and approved to the satisfaction of the Director of
Planning in consultation with the Director of Parks and Cemeteries, the Region, and GRCA.
The Stewardship Management Plan shall be in compliance with the Scoped Environmental
Impact Study (Howes -Jones, December 2012), the Response Document (NRSI, April 10,
2014) and incorporate any requirements of the Ministry of Natural Resources.
2.19 During- and post -construction environmental monitoring plans should be developed,
submitted and approved as part of the Detailed Vegetation Plan and Stormwater
Management Engineering design. The monitoring plans shall address parameters outlined
in the Response Document (NRSI, April 10, 2014) and incorporate any requirements of the
Ministry of Natural Resources. Monitoring plans shall be approved prior to registration, pre -
grading or pre -servicing (whichever comes first) and to the satisfaction of the Directors of
Planning and Engineering in consultation with the Director of Parks and Cemeteries the
Region, and GRCA.
The period of time after 90% build -out of the subdivision that monitoring will be required to
be implemented by the SUBDIVIDER will be determined as part of the environmental
monitoring plans to be approved. Any restoration or mitigation measures arising from
monitoring and deemed necessary by MNR, the Region, the GRCA and/or the City will be
the sole responsibility of the SUBDIVIDER.
*2.20 Deleted.
Part 3 — Prior to Servicing
*3.2 Deleted.
3.18 The SUBDIVIDER shall prepare a detailed Geotechnical/Hydrogeological Investigation
Report which shall determine the suitability of soils to support lot level infiltration of roof
water to the satisfaction of the Director of Engineering Services in consultation with the
Region of Waterloo and the Grand River Conservation Authority. The design of the
infiltration galleries should have a 20 % contingency to the satisfaction of the Director of
Engineering Services.
*3.19 Deleted.
3.20 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.
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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.
3.21 The SUBDIVIDER agrees that the extension of the Middle Strasburg Sanitary Trunk Sewer
through this plan of subdivision is required and shall be in accordance with the Middle
Strasburg Sanitary Trunk Sewer EA or any addendum thereto. It is acknowledged that
these works, including design expenses, are included in the City's Development Charge
By-law 99-106, as amended, and the City shall be responsible for 100 % of the costs of
these works. It is further acknowledged, if there is a need to increase the size and/or depth
of the Middle Strasburg Sanitary Trunk Sewer to facilitate servicing lands located outside of
the Rosenberg Secondary Planning Community, the City will be responsible for 100% of
the cost of these upgrades.
If sufficient money is not allocated from the appropriate CITY Development Charge Account(s) to
permit the CITY to fund these works or the works are not a Development Charge eligible expense
and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide and up -front the
cost of these works.
Should these works become a Development Charge eligible expense, the CITY agrees to
recognize any monies paid by the SUBDIVIDER for any works or services normally paid
out of the CITY'S Development Charge Account with 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
or the works become a Development Charge eligible expense, whichever shall be later.
If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for
which credits are payable shall be registered for each stage prior to the registration of each stage
of the plan of subdivision, until there is no outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will be paid in the
normal 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 for
future development, or alternatively, the CITY may enter into an agreement with the SUBDIVIDER,
under Section 40 of the Development Charges Act, to enable the transfer of Development Charge
credits to other benefiting lands within the community, subject to satisfactory arrangements being
made between all parties.
*3.22 Deleted.
*3.23 Deleted.
*3.24 Deleted.
*3.25 The SUBDIVIDER agrees to install black vinyl chain link fence, or other decorative
fence that is not made of solid materials and provides visibility along Bleams
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tv.
Road, along any property line rear and/or side of Lots 1 and 2 and Block 7, to the
satisfaction of the Director of Engineering Services in consultation with Director
of Parks and Cemeteries.
3.26 The SUBDIVIDER acknowledges that the servicing plan will indicate areas where the
servicing (construction) trench will be located within a shallow or deeper groundwater
system. The SUBDIVIDER agrees that mitigation measures must be identified and
implemented so that subsurface infiltration adjacent to the wetland or watercourses
and/or their buffers will not be interrupted and groundwater flows to the wetland or
watercourse will be maintained with the pre -development conditions to the satisfaction of
the CITY's Director of Engineering Services in consultation with the GRCA and the MNR
as appropriate.
3.27 The SUBDIVIDER agrees to coordinate the decommissioning of the temporary pumping
station at Fischer Hallman Road and Bleams Road immediately following servicing to the
satisfaction of the City's Director of Engineering Services.
3.28 Prior to any site alteration, area grading, servicing or registration of any stage within this
plan, the SUBDIVIDER shall obtain any necessary permits and approvals from the Ministry
of Natural Resources (MNR) related to species at risk identified on or contiguous to the
subject lands in compliance with the Endangered Species Act. Any measures required by
MNR including but not limited to Overall Benefits Plans and/or Mitigation Plans shall be to
the satisfaction of the Ministry of Natural Resources and the City.
3.29 Prior to registration, pre -grading or pre -servicing as required the SUBDIVIDER agrees that
a Stewardship Management Plan should be developed, submitted and approved to the
satisfaction of the Director of Planning in consultation with the Deputy Chief Administrative
Officer of Infrastructure Services (formerly Parks), the Region, and GRCA. The
Stewardship Management Plan shall be in compliance with the Scoped Environmental
Impact Study (Howes -Jones, December 2012), the Response Document (NRSI, April 10,
2014) and incorporate any requirements of the Ministry of Natural Resources.
3.30 During- and post -construction environmental monitoring plans should be developed,
submitted and approved as part of the Detailed Vegetation Plan and Stormwater
Management Engineering design. The monitoring plans shall address parameters outlined
in the Response Document (NRSI, April 10, 2014) and incorporate any requirements of the
Ministry of Natural Resources. Monitoring plans shall be approved prior to registration, pre -
grading or pre -servicing (whichever comes first) and to the satisfaction of the Directors of
Planning and Engineering in consultation with the Deputy Chief Administrative Officer of
Infrastructure Services (formerly Parks), the Region, and GRCA.
The period of time after 90% build -out of the subdivision that monitoring will be required to
be implemented by the SUBDIVIDER will be determined as part of the environmental
monitoring plans to be approved. Any restoration or mitigation measures arising from
monitoring and deemed necessary by MNR, the Region, the GRCA and/or the City will be
the sole responsibility of the SUBDIVIDER.
Part 4- Prior to Application of Building Permit in Each Stage
*4.18 Deleted.
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*4.19 Deleted.
Part 6 — Other Timeframes
*6.11 Deleted.
*6.15 Deleted.
*6.16 Deleted.
6.17 The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sale,
and/or rental Agreements with home buyer that there is a planned transit route through
the neighbourhood and to provide an information pamphlet or website address regarding
Grand River Transit services.
6.18 Prior to registration, pre -grading or pre -servicing as required, the SUBDIVIDER agrees
to submit a functional design for the implementation of bicycle lanes, on -street parking
and intersection curb extensions on both sides of Rosenberg Way to the satisfaction of
the CITY'S Director of Engineering in consultation with the Director of Transportation
Services.
6.19 The SUBDIVIDER shall warrant and guarantee all park and trail works against all
defects of material and quality of work for a period of 24 months from completion and
acceptance thereof by the CITY.
6.20 The SUBDIVIDER agrees to complete the detailed design and to implement the
construction of that portion of the services identified in the Area Servicing Plan, as set
out in Schedules "131", "132" and "133" to Minutes of Settlement dated August 17, 2015,
which are located on the SUBDIVIDER'S land and which are included in the stage of the
Plan of Subdivision that is being registered, that are required for the future development
of the lands to the west in accordance with the approved Rosenberg Secondary Plan -
Land Use Plan dated April 4, 2013 and the agreed-upon Area Servicing Plan. The
dedicated storm sewer to be provided on the SUBDIVIDER's land shall have sufficient
capacity to accommodate a minimum flow of 2.0 cubic metres/second from the lands
located within Area 2 of the Rosenberg Secondary Planning Community.
6.21 Prior to registration, pre -grading or pre -servicing as required the SUBDIVIDER shall
agree to prepare and have approved a boundary treatment plan, which may include
fencing and/ landscaping or combination thereof for the southern boundary of the
subject lands along Block 438 adjacent to the CITY's lands to the south (Williamsburg
Cemetery) to the satisfaction of the Director of Planning in consultation with the Director
of Parks and Cemeteries.
*6.22 Deleted.
*6.23 The SUBDIVIDER agrees to update the Noise Study prior to registration for Lots 1 -
4 and Block 5 and 7 to consider alternative mitigation methods including building
design and orientation toward Bleams Road on site as well as the use of berms and
appropriate construction materials. The SUBDIVIDER further agrees that should a
modification to the plan be required to implement these design considerations and
noise mitigation methods, to initiate a modification to the plan to ensure these
Modification to 30T-08206
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9-31
recommendations are implemented to the satisfaction of the CITY's Director of
Planning in consultation with the Region of Waterloo.
6.24 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 Canada Post, in
consultation with the CITY's Director of Engineering Services and the CITY's Director of
Planning. If required, the SUBDIVIDER shall provide temporary suitable centralized mail
box locations that may be utilized by Canada Post until curbs, boulevards and sidewalks
are constructed for the plan of subdivision.
6.25 The SUBDIVIDER shall include a statement in all Offers of Purchase and Sales
Agreements, and/or rental agreements, which advises:
a) that the home/business mail delivery will be from a designated Community Mail
Box; and
b) homeowners of the exact Community Mail Box locations.
The SUBDIVIDER further agrees that the location of all Community Mail Box
facilities shall be shown on maps, information boards and plans, including maps
displayed in the sales office(s).
*6.26 Deleted.
PART 2.2 PRIOR TO REGISTRATION CONDITIONS
That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following
conditions:
1. The City Standard Residential Subdivision Agreement shall be registered on title.
2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director of
Planning and to obtain approval of such applications therefrom.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any
part of the lands and to pay all outstanding taxes on the lands.
4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments
under the direction of the CITY'S Director of Engineering, with co-ordinate values and
elevations thereon and submit for registration the plans showing the location of
monuments, their co-ordinate values, elevations and code numbers as prescribed by the
Surveyor General of Ontario.
5. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for
the provision of permanent electrical services to the subdivision and/or the relocation of the
existing services. Further, the SUBDIVIDER acknowledges that this may include the
payment of all costs associated with the provision of temporary services and the removal of
such services when permanent installations are possible.
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6. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent
telephone services to the subdivision and/or the relocation of the existing services. Further,
the SUBDIVIDER acknowledges that this may include the payment of all costs associated
with the provision of temporary services and the removal of such services when permanent
installations are possible.
7. The SUBDIVIDER shall make arrangements for the granting of any easements required for
utilities and municipal services. The SUBDIVIDER agrees to comply with the following
easement procedure:
a) to provide copies of the subdivision plan proposed for registration and reference plan(s)
showing the easements HYDRO, and telephone companies and the CITY'S Director of
Planning.
b) to ensure that there are no conflicts between the desired locations for utility easements
and those easement locations required by the CITY'S Director of Engineering for
municipal services;
c) to ensure that there are no conflicts between utility or municipal service easement
locations and any approved Tree Preservation/Enhancement Plan;
d) if utility easement locations are proposed within lands to be conveyed to, or presently
owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the
CITY'S Director of Engineering, or, in the case of parkland, the CITY'S General
Manager of Community Services; and
e) to provide to the CITY'S Director of Planning, a clearance letter from each of the
HYDRO and telephone companies. Such letter shall state that the respective utility
company has received all required grants of easement, or alternatively, no easements
are required.
8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the
CITY by the registration of the Plan of Subdivision.
*9. For Stage 2, the SUBDIVIDER shall convey to the City free of cost and encumbrances
the following:
Block 8 Road Widening
10. 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
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;
Modification to 30T-08206
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15[92
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 location, notifications regarding contacts for school sites,
noise attenuation measures, special buffer/landscaping areas, water courses, flood
plain areas, railway lines and hazard areas and shall also make general reference to
land uses on adjacent lands including references to any formal development
application, 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, enquiries should be
made at the CITY'S Planning Division.
11. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan.
12. The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of
Kitchener, for the area being subdivided in order to satisfy Condition 1.22a) of the
Subdivision Agreement.
13. The SUBDIVIDER shall prepare a Streetscape Plan to the satisfaction of the CITY's
Director of Planning in consultation with the CITY's Director of Transportation Services,
CITY's Director of Engineering Services and the CITY's Director of Parks and Cemeteries.
The Streetscape Plan shall illustrate a consistent streetscape theme for the Priority Street
showing:
a) Design and construction details, with preference to low -maintenance, sustainable
plantings and decorative streetscape elements;
b) Conceptual street tree planting locations for Rosenberg Way
C) 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; and,
d) Potential locations of utilities.
14. Prior to Grading or Registration, 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.
15. 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
Modification to 30T-08206
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Siff!
of the CITY'S Director of Transportation Services 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 Services and Kitchener Wilmot Hydro.
16. 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 Services, 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.
*17. Deleted
*18. Deleted
19. Prior to registration, the SUBDIVIDER shall enter into an agreement with The City of
Kitchener to ensure that the water balance completed to date be updated with the "as built'
infiltration gallery data (based on soil suitability encountered during construction) and this
this data be reported to the Region of Waterloo in the event that a ground water deficit
results and mitigation measures may be required to maintain the existing water balance to
sustain the wetland and ESPA features on the subject lands.
20. Prior to any site alteration, area grading, servicing or registration of any stage within this
plan, the SUBDIVIDER shall obtain any necessary permits and approvals from the Ministry
of Natural Resources (MNR) related to species at risk identified on or contiguous to the
subject lands in compliance with the Endangered Species Act. Any measures required by
MNR including but not limited to Overall Benefits Plans and/or Mitigation Plans shall be to
the satisfaction of the Ministry of Natural Resources and the City.
21. The SUBDIVIDER agrees that a Stewardship Management Plan should be developed,
submitted and approved prior to registration, pre -grading or pre -servicing (whichever
comes first) to the satisfaction of the Director of Planning in consultation with the Deputy
Chief Administrative Officer of Infrastructure Services (formerly Parks), the Region, and
GRCA. The Stewardship Management Plan shall be in compliance with the Scoped
Environmental Impact Study (Howes -Jones, December 2012), the Response Document
(NRSI, April 10, 2014) and incorporate any requirements of the Ministry of Natural
Resources.
21 A. During- and post -construction environmental monitoring plans should be developed,
submitted and approved as part of the Detailed Vegetation Plan and Stormwater
Management Engineering design. The monitoring plans shall address parameters outlined
in the Response Document (NRSI, April 10, 2014) and incorporate any requirements of the
Ministry of Natural Resources. Monitoring plans shall be approved prior to registration, pre -
grading or pre -servicing (whichever comes first) and to the satisfaction of the Directors of
Planning and Engineering in consultation with the Deputy Chief Administrative Officer of
Infrastructure Services (formerly Parks), the Region, and GRCA.
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EPA
The period of time after 90% build -out of the subdivision that monitoring will be required to
be implemented by the SUBDIVIDER will be determined as part of the environmental
monitoring plans to be approved. Any restoration or mitigation measures arising from
monitoring and deemed necessary by MNR, the Region, the GRCA and/or the City will be
the sole responsibility of the SUBDIVIDER.
*22. Deleted.
23. Prior to Servicing or Registration, whichever occurs first, the SUBDIVIDER agrees to
submit a functional design for the implementation of bicycle lanes, on -street parking and
intersection curb extensions on both sides of Rosenberg Way to the satisfaction of the
CITY'S Director of Engineering in consultation with the Director of Transportation Services.
24. The SUBDIVIDER agrees to complete the detailed design and to implement the
construction of that portion of the services identified in the Area Servicing Plan, as set
out in Schedules "131", "132" and "BY to Minutes of Settlement dated August 17, 2015,
which are located on the SUBDIVIDER'S land and which are included in the stage of the
Plan of Subdivision that is being registered, that are required for the future development
of the lands to the west in accordance with the approved Rosenberg Secondary Plan -
Land Use Plan dated April 4, 2013 and the agreed-upon Area Servicing Plan. The
dedicated storm sewer to be provided on the SUBDIVIDER's land shall have sufficient
capacity to accommodate a minimum flow of 2.0 cubic metres/second from the lands
located within Area 2 of the Rosenberg Secondary Planning Community.
*25. Deleted.
*26. Deleted.
27. Prior to Servicing or Registration which ever shall occur first, the SUBDIVIDER agrees to
provide a detailed sanitary servicing report and to make arrangements satisfactory to the
Director of Engineering for a sanitary servicing connection to the Middle Strasburg Trunk
Sanitary Sewer. The SUBIDIVIDER further agrees that where any upgrades are
required to any local sewers required to connect these lands to the trunk sewer will be at
the sole cost of the SUBDIVIDER. A separate cost sharing and cooperation agreement
dated August 17, 2015 has been entered into by the SUBDIVIDER and benefitting
landowners which includes cost sharing arrangements respecting the Area 3 Sanitary
Sewer as defined in that Agreement.
28. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S
Director of Planning, a detailed written submission documenting how all conditions
imposed by this approval that require completion prior to registration of the subdivision
plan(s), have been satisfied.
29. Deleted.
*30. That prior to registration of Stage 2 of the plan of subdivision, the SUBDIVIDER
complete a Record of Site Condition (RSC) for all of the lands in Stage 2
accordance with Ontario Regulation 153/04. A copy of the completed RSC,
acknowledgement from the Ministry of the Environment, Conservation and Parks,
and any other documents (e.g., Environmental Site Assessment reports)
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completed in support of the RSC must be forwarded to the CITY'S Directors of
Engineering and Planning.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That the plan for final approval may incorporate a lot pattern for all blocks in which single
detached, semi-detached and townhouse lots are permitted, at a density not exceeding the
density identified in the draft approval conditions.
2. That the owner agrees to stage the development for this subdivision in a manner
satisfactory to the Regional Commissioner of Planning, Development and Legislative
Services;
3. That the subdivision agreement be registered by the City of Kitchener against the lands to
which it applies, and a copy of the registered agreement be forwarded to the Regional
Commissioner of Planning, Development and Legislative Services prior to final approval of
the subdivision plan;
4a. That the owner enters into an Agreement for Servicing with the Regional Municipality of
Waterloo to preserve access to municipal water supply and municipal wastewater treatment
services prior to final approval or any agreement for the installation of underground
services, whichever comes first. Where the owner has already entered into an agreement
for the installation of underground servicing with the area municipality, such agreement
shall be amended to provide for a Regional Agreement for Servicing prior to registration of
any part of the plan. The Regional Commissioner of Transportation and Environmental
Services shall advise prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the plan to be
registered;
4b. That the owner includes the following statement in all agreements of lease or purchase and
sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the
registration of this plan:
"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."
5. a) That prior to final approval, the Owner submit for review and approval a detailed
functional servicing report for the entire plan, with such report to assess the need for
pressure reducing valves; to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services;
b) That prior to final approval, the Owner agrees to submit for review and approval,
engineering drawings which include the Kitchener Zone 4 750mm trunk
watermain within the hydro -corridor easement and a section of Forestwalk Street;
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SEE
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services;
C) deleted
d) deleted
6. Where pressure reducing valves are required in Condition No. 5 a) 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.
*7. Deleted.
8. That prior to final approval, the Owner enter into an agreement with the Regional
Municipality of Waterloo to distribute source water protection and winter salt management
information with all offers to purchase and/or rental agreements to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
9. That prior to final approval, the Owner decommissions any monitoring and private wells
(not used for long term monitoring) on the property in accordance with O. Reg. 903 prior to
any grading on the property; and furthermore, that the owner enter into an agreement with
the City of Kitchener to decommission any long term monitoring wells no longer used for
such purposes, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
10. That prior to final approval of all or any part of this plan of subdivision, the Owner submits
an interim and/or final lot grading and drainage plan as deemed necessary by the Region,
for review and approval by the Regional Commissioner of Planning, Development and
Legislative Services. The lot grading and drainage plan must include existing grades /
profiles for Bleams Road and address the Region's requirements set out in its letter
"Regional Transportation Planning Comments" dated January 15, 2014. Furthermore, the
Owner enter into an agreement with the Regional Municipality of Waterloo to secure
completion and implementation of the above requirements.
11. That prior to final approval of all or any part of this plan of subdivision, the Owner submits
an interim and/or final stormwater management report as deemed necessary by the
Region, for review and approval by the Regional Commissioner of Planning, Development
and Legislative Services. The interim and/or final stormwater management report must:
a) establish water quantity trigger levels and/or infiltration benchmarks, and propose a
strategy for mitigating impacts in the event there is a shortfall meeting infiltration
targets, consistent with the Water Management Strategy for the Rosenberg
Secondary Plan;
b) identify the design and location of infiltration facilities; and
C) address the Region's requirements set out in its letter "Regional Transportation
Planning Comments" dated January 15, 2014.
Modification to 30T-08206
Page 27 of 520
ME
Furthermore, the Owner enter into an agreement with the Regional Municipality of Waterloo
to secure completion and implementation of the above stormwater management
requirements.
13. That prior to final approval, the Owner submits a boulevard restoration plan for Bleams
Road, to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
14. Deleted.
*15. That if required by the Region, the Owner obtains a Regional Road Access Permit to
close the existing access on Bleams Road (Regional Road 56).
*16. That the Owner upon written request by the Region, or that the plan for final
approval (whichever comes first), provide for road widening Block 8 (Stage 2), and
any road widening dedication along the Bleams Road frontage identified through the
Bleams Road environmental assessment project as deemed necessary by the
Region, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
*17. Deleted.
18. Deleted.
*19. That prior to final approval, the Owner enter into an agreement with the Regional
Municipality of Waterloo for the installation of a 1.5 metres high chain link fence
along any lot properties fronting Bleams Road (Regional Road 56), to the
satisfaction of the Regional Commissioner of Planning, Development and Legislative
Services.
*20. Deleted.
21. Deleted.
*22. a)That the Owner enter into an agreement with the Regional Municipality of
Waterloo for Lots 1 to 4, Block 5, Block 6, and Block 7 all inclusive, to provide for
the installation of a forced air -ducted heating system suitably sized and designed
for the future installation of a central air conditioning system by the occupant.
b)That the Owner enter into an agreement with the Regional Municipality of
Waterloo for Lots 1 to 4, Block 5, Block 6, and Block 7 all inclusive, to include the
following warning clause in all offers to purchase and/or rental agreements:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
may occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the Ministry of
the Environment, Conservation and Parks.
"This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant's discretion. Installation of central air conditioning
Modification to 30T-08206
Page 28 of 520
IN M.
by the occupant in low and medium density devlelopments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are
within the limits of the Municipality and the Ministry of the Environment,
Conservation and Parks.
23. Deleted.
*24. Deleted.
*25. That prior to area grading, servicing or final approval of all or any part of the plan of
subdivision, the SUBDIVIDER complete a Record of Site Condition (RSC) for all of
the lands in Stage 2 accordance with Ontario Regulation 153/04. A copy of the
completed RSC, acknowledgement from the Ministry of the Environment,
Conservation and Parks, and any other documents (e.g., Environmental Site
Assessment reports) completed in support of the RSC must be forwarded to the
Regional Commissioner of Planning, Development and Legislative Services. The
RSC boundaries must exclude any land being dedicated to the Region for road
widening purposes.
4. OTHER AGENCY CONDITIONS:
4A Grand River Conservation Authority
As per Policy 5.2.6 of the Rosenberg Secondary plan, prior to any grading or servicing, the
existing culvert at Fischer Hallman Road and Upper Strasburg Creek shall be replaced in
accordance with the Strasburg Creek Flood Control Environmental Assessment (Stantec).
Construction is intended to coincide with other works in the area to minimize disturbance to
the creek.
2. Prior to any grading or construction on the site and prior to registration of the plan, the
owners or their agents submit the following plans and reports to the satisfaction of the
Grand River Conservation Authority.
a) A detailed stormwater management report in accordance with the 2003 Ministry of
the Environment Report entitled "Stormwater Management Planning and Design
Manual", the Alder Creek Watershed Study and the Upper Strasburg Creek
Subwatershed Study update, and in keeping with the Preliminary SWM report and
addendums prepared by Stantec.
b) A detailed Lot Grading, Servicing and Storm Drainage Plan. The Lot Grading Plan
must illustrate the location of community trails. The Servicing Plan should
incorporate the final Middle Strasburg sanitary sewer alignment as approved in the
Class Environmental Assessment or approved modifications.
C) An Erosion and Siltation Control Plan in accordance with the Grand River
Conservation Authority's Guidelines for sediment and erosion control, indicating the
means whereby erosion will be minimized, and silt maintained on-site throughout all
phases of grading and construction.
Modification to 30T-08206
Page 29 of 520
EVA
d) The submission and approval of a Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses permit from the GRCA prior to any
development within areas regulated under Ontario Regulation 150/06.
e) As per Policy 5.2.6 of the Rosenberg Secondary Plan, the existing culvert at Fischer
Hallman Road and Upper Strasburg Creek be replaced in accordance with the
Strasburg Creek Flood Control Environment Assessment (Stantec). Construction is
intended to coincide with other works in the area to minimize disturbance to the
creek.
f) Detailed water balance information showing how infiltration targets will be met will
be provided.
g) An erosion analysis and mitigation strategy for Strasburg Creek will be provided. A
peer review may be requested, to be paid for by the proponent.
h) A short term and long-term monitoring and maintenance plan for all of the infiltration
facilities, on public and private lands, with access available to the City, will be
provided.
A monitoring plan to assess the performance of the cooling trench, including flow
and water temperature, will be provided.
j) A pre, during and post construction monitoring program and reporting as outlined
in the Environmental Impact Study will be provided. Remedial measures will be
outlined the monitoring program and implemented if needed.
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 3.23 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.
a. 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 2.2.5 and 2.2.7
has been carried out satisfactorily. The clearance letter shall include a brief
statement detailing how each condition has been satisfied.
b. 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 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter
shall include a brief statement detailing how each condition has been satisfied.
6. NOTES
Development Charges
1. The owner/developer is advised that the provisions of the Regional Development Charge
By-law 09-024 are applicable.
Modification to 30T-08206
Page 30 of 520
INF -31
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. P.13, to prescribe
a tariff of fees for application, recirculation, draft approval, modification to draft approval and
registration release of plans of 30T-08206.
Identification of Applicable Planning Act
5. This draft plan was received on or after May 22, 1996 and shall be processed and finally
disposed of under the Planning Act, R.S.O.1990, as amended by S.O.2006, c.23(Bill 51).
Unobstructed Access to Units
6. The owner/developer is responsible to ensure that each dwelling unit has unobstructed
access at grade or ground level, having a minimum width of 0.9 metres, from the front yard
to the rear yard of the lot either by:
i. direct access on the lot without passing through any portion of the dwelling unit; or,
ii. direct access through the dwelling unit without passing through a living or family
room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway
that is not separated by a door to any such room; or,
iii. access over adjacent lands which, if the lands are not owned by the City of
Kitchener or the Regional Municipality of Waterloo, are secured by a registered
easement prior to final approval of the subdivision plan.
Regional Servicing Agreement
7. The owner/developer is advised that draft approval is not a commitment by The Regional
Municipality of Waterloo to water and wastewater servicing capacity. To secure this
commitment the owner/developer must enter into an "Agreement for Servicing" with The
Regional Municipality of Waterloo by requesting that the Region's Planning and Culture
Department initiate preparation of the agreement. When sufficient capacity is confirmed by
the Region's Commissioner of Transportation and Environmental 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
8. To ensure that a Regional Release is issued by the Regional Commissioner of Planning,
Housing and Community Services to the City of Kitchener prior to year end, it is the
Modification to 30T-08206
Page 31 of 520
EiLS2
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 yearend where the
owner has failed to submit the appropriate documentation by this date.
Airport Zoning
9.a) The Owner is advised that the lands, or a portion of the lands, are subject to the Region of
Waterloo International Airport Zoning 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.
9.b) The Owner is advised that the lands, or a portion of the lands, may be subject to Canadian
Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This
Standard allows aviation officials to assess individual obstructions, namely buildings,
structures or objects, to determine if they are likely to constitute a hazard to air navigation
and consequently require marking and/or lighting in accordance with the Standards.
Persons planning to erect an obstruction, namely a building, structure or object, including a
moored balloon, either permanently or temporarily, should contact the Regional Manager,
Aerodrome Safety (Ontario Region), Transport Canada at (416) 952-0248 as early as
possible and provide the necessary information on the planned obstruction using the
Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada.
Final Plans
10. When the survey has been completed and the final plan prepared, to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the
plans comply with the terms of approval, and we have received an assurance from the
Regional Municipality of Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the Manager of Development 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
Four Mylar copies
Four White paper copies
Modification to 30T-08206
Page 32 of 520
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TOTAL AREA 0.35 ha.
TOTAL UNITS 7
SUBDIVISION APPLICATION 30T-08206
ZONE CHANGE APPLICATION ZC08/35/B/JVW
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Blocks 5-7 Future Development 3 0.05
Block8 Road Widening 0.01
TOTAL AREA 0.35 ha.
TOTAL UNITS 7
SUBDIVISION APPLICATION 30T-08206
ZONE CHANGE APPLICATION ZC08/35/B/JVW
R.C.P. 1469, PART OF LOT 1
City of Kitchener 1CAAD FILE
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NOTICE OF PUBLIC MEETING
fora development in your neighbourhood
1525 Bleams Road
..__ eams Road
Proposed Lot Concept
Subdivision
Modification
Et Zoning
By -Law
Amendment
Low Rise
Residential
Creation of
6 Residential
Lots
Appendix "C"
R
Have Your Voice Heard!
Date: June 13, 2022
Time: 4:00 p.m.
Location: Virtual Zoom Meeting
To view the staff report, agenda,
find meeting details or to
appear as a delegation, visit:
kitchener.ca/meetings
To learn more about this project,
including information on your
appeal rights, visit:
www.kitchenenca/
pla n n i nga ppl ications
or contact:
Tim Seyler, Planner
519.741.2200 x 7860
ti m.seyler@ kitchener.ca
The City of Kitchener has received an application for a Zoning By-law
Amendment to facilitate the development of the lands with 6 residential lots in
conjunction with the adjacent approved plan of subdivision. The application
proposes to change the zoning from Agricultural Zone (A-1) with Special
Regulation 1 R to Residential Six Zone (R-6) with Special Regulation Provisions
671 R 672R 673R & 674R. Pag e14 of 520
Appendix "U'
N, 14
Region of Waterloo
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4508
Fax: 519-575-4466
www. regionofwaterl oo.ca
Shilling Yip (226) 753-1064 (C)
File: C14-60/2/22004
May 11, 2022
Tim Seyler, MCIP. RPP
Planner
DSD — Planning Division
City of Kitchener
200 King Street W.
Kitchener, ON N2G 4G7
Dear Mr. Seyler:
Re: ZBA 22/004/B/ES and
Plan of Subdivision 30T-08206
Mattamy Homes
1525 Bleams Road
CITY OF KITCHENER
Region staff has reviewed the above -noted applications and provides the following
comments for your consideration at this time. The subject property contains a
decommissioned pumping station. The lands are zoned Agriculture One (A-1). The
Applicant is proposing to demolish the existing building and create 6 residential lots,
which are proposed to be developed in conjunction with the Mattamy South Estates
subdivision, file 30T-08206. To facilitate this development, the Applicant has requested
that the zoning be changed to Residential Six (R-6) with special regulation provisions
671 R, 672R, 673R and 674R which align with the zoning for the existing subdivision,
and would be the same zoning as the adjacent residential lots.
Proposed modifications to the plan and conditions of draft approval for Plan of
Subdivision 30T-08206 to include the subject lands are also proposed.
Water Services
The applicant should be made aware that no connection to the regional watermain on
Bleams Road will be permitted.
Corridor Planning
Document Number: 4012882 Version: 1
Page 35 of 520
-2 -
Regional Road Dedication
The subject property had direct frontage with Regional Road 56 (Bleams Road). Bleams
Road has a designated road width of 30.480m (100ft) in accordance with Schedule `A'
in the Regional Official Plan (ROP). The existing Bleams Road right of way width in this
area is slightly deficient versus the designated road width. As such, a road widening
dedication measuring 1.76m will be required. The road widening dedication width is the
same as the requirement for the adjacent Plan of Subdivision 30T-08206.
This section of Bleams Road is proposed for major reconstruction in 2024-2025, and
additional land dedication for the subject property may be required in association with
that project. This will be reflected in the conditions of draft approval for the subdivision.
Access Permit/TIS/Access Regulation
The subject property currently obtains vehicular access to Bleams Road via a single full
movement access location. As the subject property will be re -developed for residential
lots in association with the adjacent subdivision, vehicular access for the lots will be
provided by the new municipal road (Histand Trail). A Regional Road Access Permit
application (https://forms. reg ionofwaterloo.ca/Planning-and-Economic-
Development/Close-an-Access-Access-Permit-Application) will be required for the
closure of the existing access for the pumping station. There is no fee associated with
the closure application.
The formal closure of the physical access does not need to occur until the pumping
station is decommissioned. Please remain in contact with Region of Waterloo Design &
Construction staff as the removal of the access within the Bleams Road right of way
may be completed in association with the future Bleams Road reconstruction.
Stormwater Management & Site Grading
The future grading and servicing for the subject property has been incorporated in the
adjacent subdivision. A stormwater management report and detailed civil engineering
submission completed by Stantec on behalf of Mattamy Homes have been submitted to
the Region of Waterloo for review and approval. The future grading and servicing for the
subject property must follow the final Region of Waterloo approved set of plans.
Environmental Noise
The subject property has been included in a previous Environmental Noise Study,
"Noise Feasibility Study, Proposed Residential Development, South Estates, Kitchener,
ON" (HGC, February 26, 2021). Implementation of the study recommendations shall be
secured through the upcoming modifications to Stage 2 of the plan of subdivision to
include the subject lands.
Other
As noted above, this section of Bleams Road has been identified in the Region's 10 -
Year Transportation Capital Program for reconstruction in 2023-2024. The project is
Document Number: 4012882 Version: 1
Page 36 of 520
-3 -
currently going through the Environmental Assessment stage of development. For
more information regarding the road reconstruction project please connect with the
Region of Waterloo Engage website (https://www.engagewr.ca/bleams-rd).
Source Water Protection
Hydrogeology and Water Program (HWP) staff requests that the developer enter into an
agreement to complete a Salt Management Plan (SMP) should multiple residential uses
be proposed, to the satisfaction of the Region, at Site Plan control.
As part of the SMP, HWP would encourage the proponent to incorporate design
considerations with respect to salt management, including:
• Ensure the cold weather stormwater flows are considered in the site design.
Consideration should be given to minimize the transport of meltwater across the
parking lots or driveway. This also has the potential to decrease the formation of ice
and thereby the need for de-icing.
• Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from
freezing on parking lots and walkways.
• Locating snow storage areas on impervious (i.e. paved) surfaces.
• Locating snow storage areas in close proximity to catchbasins.
• Using winter maintenance contractors that are Smart About SaItTM certified.
• Using alternative de-icers (i.e. pickled sand) in favour of road salt.
The proponent is eligible for the certification under the Smart About SaltTM program for
this property. Completion of the SMP is one part of the program. To learn more about
the program and to find accredited contractors please refer to:
http://smartaboutsalt.com/. Benefits of designation under the program include cost
savings through more efficient use of salt, safe winter conditions by preventing the
formation of ice, and potential reductions of insurance premiums.
Based on the modifications the plan of subdivision at this time, lots for single -detached
dwellings fronting on a municipal street are proposed, therefore a SMP will not be
required.
Record of Site Condition
A Record of Site Condition (RSC) is required according to the guideline as the former
pumping station would be considered a high threat according to the Region's database.
Note that an RSC would also likely be required according to O. Reg. 153/04 due to the
proposed change in use from industrial to residential.
As discussed with yourself and Mattamy Homes, the RSC can be addressed through a
holding provision in the proposed zoning amendment, or alternatively through a future
condition of draft approval for the subdivision. The latter approach is acceptable to
Region staff, and has been included as new Region draft approval No. 25 attached.
Document Number: 4012882 Version: 1
Page 37 of 520
Archaeology
A portion of the subject property at 1525 Bleams Road appears to not have been
included in the 2008 Archaeological Assessment for the Plan of Subdivision (30T-
08206), further this portion continues to possess the potential for the recovery of
archaeological resources due to the proximity to a watercourse, proximity to known
Registered Archaeological Sites, proximity to historically mapped structures, its location
upon a landform associated with the habitation of early people in the area, and its
location along an historic road. Due to the small size of the site and the existing
disturbance from underground infrastructure, the Region will not be requesting an
Archaeological Assessment. The applicant, however, should be made aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Heritage, Sport, Tourism
and Culture Industries. If it is determined that additional investigation and reporting
of the archaeological resources is needed, a licensed archaeologist will be required
to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act;
and/or,
If human remains/or a grave site is discovered during development or site alteration
of the subject property, the applicant will need to immediately cease alteration and
must contact the proper authorities (police or coroner) and the Registrar at the
Bereavement Authority of Ontario in Compliance with the Funeral, Burial and
Cremation Services Act, 2002 S. 96 and associated Regulations.
Housing
General
The Region supports the provision of a full range of housing options, including
affordable housing. The Region's 10 -Year Housing and Homelessness Plan contains an
affordable housing target for Waterloo Region. The target is for 30% of all new
residential development between 2019 and 2041 to be affordable to low and moderate
income households. Staff recommend that the applicant consider providing a number of
affordable housing units on the site.
Staff recommend considering other ways of providing a mix of housing types on the site,
such as secondary dwelling units within or accessory to the proposed single detached
dwellings.
Affordability
For the purposes of evaluating the affordability of an ownership unit, based on the
definition in the Regional Official Plan, the purchase price is compared to the least
expensive of:
Document Number: 4012882 Version: 1
Page 38 of 520
-5 -
Housing for which the purchase price
results in annual accommodation costs
30 per cent of the gross annual
which do not exceed 30 percent of gross
$368,000
annual household income for low and
moderate income households
income renter households
Housing for which the purchase price is
at least 10 percent below the average
$487,637
purchase price of a resale unit in the
average market rent (AMR) in the
regional market area
$1,076
*Based on the most recent information available from the PPS Housing Tables (2020).
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $368,000.
For the purposes of evaluating the affordability of a rental unit, based on the definition of
affordable housing in the Regional Official Plan, the average rent is compared to the
least expensive of:
A unit for which the rent does not exceed
30 per cent of the gross annual
$1,420
household income for low and moderate
income renter households
A unit for which the rent is at or below the
Bachelor:
$863
average market rent (AMR) in the
1 -Bedroom:
$1,076
regional market area
2 -Bedroom:
$1,295
3 -Bedroom:
$1,359
4+ Bedroom:
$1,359
*Based on the most recent information available from the PPS Housing Tables (2020)
In order for a unit to be deemed affordable, the average rent for the proposed units must
be at or below the average market rent in the regional market area, as listed above.
Please do not hesitate to contact Judy Maan Miedema by email at
JMaanMiedema(a)regionofwaterloo.ca should you have any questions or wish to
discuss in more detail.
Modifications to Plan and Conditions of Draft Approval 30T-08206
Staff has reviewed the proposed modifications to the plan (dated November 3, 2021)
and conditions of draft approval to include the subject lands which show 4 lots for
single -detached dwellings, 3 future development blocks and a road widening block.
Document Number: 4012882 Version: 1
Page 39 of 520
WON
Staff has no objection to the proposed modifications subject to the following
modifications to the conditions of draft approval attached.
Other
Staff acknowledge the Region's required review fees for of the ZBA and proposed
modifications to the plan and conditions of draft approval for plan of subdivision 30T-
08206 were received May 11, 2022.
If you have any questions, please feel free to contact me (226) 753-1064 (C).
Yours truly,
Shilling Yip, MCIP, RPP
Principal Planner
Attachment
cc. Brad Trussler / Alex Drung, Mattamy Homes
Document Number: 4012882 Version: 1
Page 40 of 520
May 11, 2022
Subdivision 30T-08206 Stage 2 (Mattamy South Estates)
Proposed Modifications to Conditions of Draft Approval
Proposed modifications shown with asterisk (*) and in bold.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
1. That the plan for final approval may incorporate a lot pattern for all blocks in which
single detached, semi-detached and townhouse lots are permitted, at a density not
exceeding the density identified in the draft approval conditions.
2. That the owner agrees to stage the development for this subdivision in a manner
satisfactory to the Regional Commissioner of Planning, Development and
Legislative Services;
3. That the subdivision agreement be registered by the City of Kitchener against the
lands to which it applies, and a copy of the registered agreement be forwarded to
the Regional Commissioner of Planning, Development and Legislative Services
prior to final approval of the subdivision plan;
4a. That the owner enters into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any agreement
for the installation of underground services, whichever comes first. Where the
owner has already entered into an agreement for the installation of underground
servicing with the area municipality, such agreement shall be amended to provide
for a Regional Agreement for Servicing prior to registration of any part of the plan.
The Regional Commissioner of Transportation and Environmental Services shall
advise prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the plan to
be registered;
4b. That the owner includes the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the Planning
Act, prior to the registration of this plan:
"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
Document Number: 4068703 Version: 1
Page 41 of 520
-2-
purchase
2-
purchase and sale will have all conditions of draft plan approval satisfied, including
the availability of servicing until the plan is registered."
5. a) That prior to final approval, the Owner submit for review and approval a
detailed functional servicing report for the entire plan, with such report to
assess the need for pressure reducing valves; to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services;
b) That prior to final approval, the Owner agrees to submit for review and
approval, engineering drawings which include the Kitchener Zone 4
750mm trunk watermain within the hydro -corridor easement and a section
of Forestwalk Street; to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services;
c) deleted
d) deleted
6. Where pressure reducing valves are required in Condition No. 5a) above, the
Owner must enter into an agreement with the City of Kitchener to provide for such
installation; and to include in all offers to purchase and/or rental agreements, a
clause identifying the presence of such water pressure reduction device and
advising that it may not be removed by the owner/occupant.
*7. Deleted.
8. That prior to final approval, the Owner enter into an agreement with the Regional
Municipality of Waterloo to distribute source water protection and winter salt
management information with all offers to purchase and/or rental agreements to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, the Owner decommissions any monitoring and private
wells (not used for long term monitoring) on the property in accordance with O.
Reg. 903 prior to any grading on the property; and furthermore, that the owner
enter into an agreement with the City of Kitchener to decommission any long term
monitoring wells no longer used for such purposes, all to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
10. That prior to final approval of all or any part of this plan of subdivision, the Owner
submits an interim and/or final lot grading and drainage plan as deemed necessary
by the Region, for review and approval by the Regional Commissioner of Planning,
Development and Legislative Services. The lot grading and drainage plan must
include existing grades / profiles for Bleams Road and address the Region's
requirements set out in its letter "Regional Transportation Planning Comments"
Page 42 of 520
-3-
dated
3-
dated January 15, 2014. Furthermore, the Owner enter into an agreement with the
Regional Municipality of Waterloo to secure completion and implementation of the
above requirements.
11. That prior to final approval of all or any part of this plan of subdivision, the Owner
submits an interim and/or final stormwater management report as deemed
necessary by the Region, for review and approval by the Regional Commissioner of
Planning, Development and Legislative Services. The interim and/or final
stormwater management report must:
a) establish water quantity trigger levels and/or infiltration benchmarks, and
propose a strategy for mitigating impacts in the event there is a shortfall
meeting infiltration targets, consistent with the Water Management Strategy
for the Rosenberg Secondary Plan;
b) identify the design and location of infiltration facilities; and
C) address the Region's requirements set out in its letter "Regional
Transportation Planning Comments" dated January 15, 2014.
Furthermore, the Owner enter into an agreement with the Regional Municipality of
Waterloo to secure completion and implementation of the above stormwater
management requirements.
12. That prior to final approval, or prior to commencement of any construction work
within the Bleams Road (Regional Road 56) right-of-way, the Owner enter into an
agreement with the Regional Municipality of Waterloo to obtain a Municipal
Consent and Work Permit from the Region for such works.
13. That prior to final approval, the Owner submits a boulevard restoration plan for
Bleams Road, to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
IiCII��Za=_ 01
*15. That if required by the Region, the Owner obtains a Regional Road Access
Permit to close the existing access on Bleams Road (Regional Road 56).
*16. That the Owner upon written request by the Region, or that the plan for final
approval (whichever comes first), provide for road widening Block 8 (Stage
2), and any road widening dedication along the Bleams Road frontage
identified through the Bleams Road environmental assessment project as
deemed necessary by the Region, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
*17. Deleted.
Page 43 of 520
M
IiE:�on- =— 01
*19. That prior to final approval, the Owner enter into an agreement with the
Regional Municipality of Waterloo for the installation of a 1.5 metres high
chain link fence along any lot properties fronting Bleams Road (Regional
Road 56), to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
*20. Deleted.
21. Deleted.
*22. a)That the Owner enter into an agreement with the Regional Municipality of
Waterloo for Lots 1 to 4, Block 5 and Block 6, all inclusive, to provide for
the installation of a forced air -ducted heating system suitably sized and
designed for the future installation of a central air conditioning system by
the occupant.
b)That the Owner enter into an agreement with the Regional Municipality of
Waterloo for Lots 1 to 4, Block 5 and Block 6, all inclusive, to include the
following warning clause in all offers to purchase and/or rental agreements:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment, Conservation and Parks.
"This dwelling unit has been designed with the provision for adding central
air conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density devlelopments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the limits of the Municipality and the
Ministry of the Environment, Conservation and Parks.
23. Previous condition deleted.
*24. Deleted.
*25. That prior to area grading, servicing or final approval of all or any part of the
plan of subdivision, the SUBDIVIDER complete a Record of Site Condition
(RSC) for all of the lands in Stage 2 accordance with Ontario Regulation
153/04. A copy of the completed RSC, acknowledgement from the Ministry of
the Environment, Conservation and Parks, and any other documents (e.g.,
Environmental Site Assessment reports) completed in support of the RSC
must be forwarded to the Regional Commissioner of Planning, Development
Page 44 of 520
-5-
and
5-
and Legislative Services. The RSC boundaries must exclude any land being
dedicated to the Region for road widening purposes.
Page 45 of 520
City of Kitchener
Zoning by-law Amendment Comment Form
Address: 1525 Bleams Road
Owner: Mattamy (South Estates) Ltd.
Application: Zoning By-law Amendment ZBA22/004/B/ES
Comments Of: Parks and Cemeteries
Commenter's Name: Ashley DeWitt
Email: Ashley.dewitt@kitchener.ca
Phone: 519-741-2600 x4182
Date of Comments: March 4, 2022
❑ 1 plan to attend the meeting (questions/concerns/comments for discussion)
❑ No meeting to be held
0 I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
I have reviewed the documentation noted below submitted in support of a ZBA for the creation of 6
residential lots, which are proposed to be added to the Mattamy South Estates (30T-08206)
Subdivision through a subdivision modification.
Documents Reviewed:
• Planning Justification Report
• Subdivision Modification Report
2. Site Specific Comments & Issues:
.1 Parkland Dedication
.1 Parkland Dedication requirements will be taken as cash in lieu of land. Parkland Dedication will
be taken at the policy standard rate of 5% of the appraised land value, which is $9,200 per linear
meter of frontage as per the Street Fronting Residential development land class for the new lots.
See section 5. Anticipated Fees
.2 Dedication requirements are subject to the Parkland Dedication Policy current at the time of
draft approval of subdivision.
.3 Should any further revisions be made to the plan, a revised parkland dedication may be
required.
.4 In the event of a discrepancy between the parkland dedication calculation form and this memo,
please contact the above -noted Parks & Cemeteries staff for clarification.
.2 Street Trees
1 Street Trees relative to the proposed lotting have been accommodated in the Street Tree
Master Plan for the South Estates Subdivision.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
PI°'49 of 520
City of Kitchener
Zoning by-law Amendment Comment Form
3. Comments on Submitted Documents
No Comments
4. Policies, Standards and Resources:
❑X Parkland Dedication Policy
❑ Chapter 690 of the current Property Maintenance By-law
❑ Parks Strategic Plan
❑ Cycling & Trails Masterplan
❑ Multi -Use Pathways & Trails Masterplan
❑X Development Manual
5. Anticipated Fees:
Parkland Dedication
Payment of Parkland Dedication of 5% of the appraised land value, which is $9,200 per linear meter of
frontage as per the Street Fronting Residential development land class for the new lots at the time of draft
approval of subdivision modification.
A City for Everyone
Working Together— Growing Thoughtfully— Building Community
P OV of 520
From: Jessica Conroy <jconroy@grandriver.ca>
Sent: Monday, February 28, 2022 10:45 AM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: [EXTERNAL] ZBA22/004/B/ES (1525 Bleams Road) - GRCA Comment
Good morning,
Grand River Conservation Authority (GRCA) has no objection to the approval of application
ZBA22/004/B/ES. The subject property does not contain any watercourses, floodplains,
shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The
property is not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is
not required.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
400 Clyde Road, PO Box 729
Cambridge, ON N1 R 5W6
Office: 519-621-2763 ext. 2230
Toll-free: 1-866-900-4722
Email: jconroy(a�grandriver.ca
www.grandriver.ca I Connect with us on social media
Page 48 of 520
From: Planning <planning@wcdsb.ca>
Sent: Friday, March 4, 2022 5:33 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: [EXTERNAL] RE: Circulation for Comment - Zoning By-law Amendment (1525 Bleams Road)
Good Afternoon Tim,
The Waterloo Catholic District School Board has reviewed the subject application and based on our
development circulation criteria have the following comments)/condition(s):
A) That any Education Development Charges shall be collected prior to the issuance of a building
permit(s).
If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
Page 49 of 520