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DSD-2023-237 - Zoning By-law Amendment Application ZBA22-021-N-KA - Draft Plan of Subdivision Application 30T-22202
Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 19, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 x.7070 PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 x.7987 WARD INVOLVED: Ward 4 DATE OF REPORT: May 29, 2023 REPORT NO.: DSD -2023-237 SUBJECT: Zoning By-law Amendment Application ZBA22/021/N/KA, Draft Plan of Subdivision Application 30T-22202 RECOMMENDATION: That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-22202 in the City of Kitchener, for Cachet Developments (New Dundee) Inc., subject to the conditions attached to Report DSD -2023-237 as Appendix `A'; and further, That Zoning By-law Amendment Application ZBA22/021/N/KA to amend Zoning By-law 2019- 051 for Cachet Developments (New Dundee) Inc. be approved in the form shown in the "Proposed By-law" and "Map No. 1" attached to Report DSD -2023-237 as Appendix "B"; REPORT HIGHLIGHTS: The purpose of this report is to provide a planning recommendation regarding a Draft Plan of Subdivision and a Zoning By-law Amendment to allow the subject lands to be developed with townhouse development including 127 units, and open space to be dedicated to the City of Kitchener. Planning staff recommend approval of the applications subject to the conditions outlined in the report. The development proposal represents good planning. Community engagement included: o installation of large billboard notice signs on the property; o a notice of application circulation letter to all property owners within 240 metres; o a Neighbourhood Meeting was held on December 1, 2022; o discussions with interested members of the public; o a notice of the statutory public meeting sent to all property owners within 240 metres; and o notice of the public meeting was given in The Record on May 26, 2023. 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 210 of 350 EXECUTIVE SUMMARY: The owner of the subject lands, addressed as 1000 New Dundee Road, is proposing to change the zoning from `Future Use Zone (FTR-1)' to `Natural Conservation Zone (NHC-1)' and `Low Rise Residential Five Zone (RES -5) with Site -Specific Provision (368) and Holding Provision 48H' to permit a 127 unit cluster townhouse development and natural open space. The owner is further proposing a Plan of Subdivision consisting of 2 blocks. Block 1 is proposed to be developed, and Block 2 contains Blair Creek and associated wetlands and is proposed to be conveyed to the City of Kitchener as open space. Staff are recommending that the applications be approved. BACKGROUND: Cachet Developments (New Dundee) Inc. have requested draft approval of a Plan of Subdivision and approval of a Zoning By-law Amendment for lands located at 1000 New Dundee Road. The lands are located south of Dodge Drive and are approximately 10 hectares in size. The portion of the site closest to New Dundee Road is currently agricultural, and the lands closest to Dodge Drive contain Blair Creek and an associated wetland complex. The lands are currently zoned Future Use Zone (FTR-1) in By-law 2019-051. The purpose of this zone is to permit existing uses until such time as a future development application can ensure the orderly development of land. This may include the delineation of any natural heritage features on the lot and subsequent application of the NHC-1 zone on any of these features. Nearby lands on Dodge Drive and immediately east and west of the site on New Dundee Road are developed with single detached dwellings on estate lots. Lands south of New Dundee Road are located in North Dumfries Township and are outside of the urban area. Figure 1 — 1000 New Dundee Road REPORT: The applicant is proposing to develop the subject site with a 127 unit condominium townhouse development, with private roads, private park/amenity space and a private stormwater management pond. The developable portion of the lands is shown as Block 1 (see Figure 2 below). Block 2 contains Blair Creek and the associated wetlands and is proposed to be conveyed to the City. Page 211 of 350 The townhouse development is contemplated to be a `Common Elements Condominium'. In this form of condominium residents own their lots (containing the townhouse unit) freehold, however are tied to the Common Elements of the condominium which in this case will include shared facilities including private roads, a private storm water management pond, and private park and amenity spaces, a retaining wall and noise walls, as well as internal sidewalks. The condominium corporation will also be responsible for ongoing maintenance of these site features. Garbage collection, snow removal, and maintenance of shared features will also be the responsibility of the condominium corporation. There are many examples of Common Elements Condominiums throughout the City and these are usually developed on a Block within a Plan of Subdivision. Typically, a plan of subdivision is used to create public roads, park blocks, etc. in addition to lots and blocks, however in this case, only two blocks are being created. The open space block is proposed to be conveyed to the City and the development block is being created so that once a site plan has been approved, the City can create the Common Element Condominium. The next steps in the development process include Site Plan, passing of a by-law to lift Part Lot Control, and Draft Plan of Common Elements Condominium. The conceptual site plan for the townhouse development is included in Figure 3 below. I .. I EXISTING rt I;ESOENTIAZ 0 BLOCK 2 - - NATURAL HERITAGE SYSTEM 5.41ha (13.37ac) W€TLA,© OAST EV svNG FACIOI E EXISTING NATURAL xERITAGF AfB€Ai _ . — - ,i FXlSjrNG I � Figure 2 — Proposed Plan of Subdivision Page 212 of 350 Figure 3 — Conceptual Site Plan Page 213 of 350 The proposed Zoning By-law Amendment seeks to rezone the lands from `Future Use Zone (FTR- 1)' to `Natural Conservation Zone (NHC-1)' for those lands which are undevelopable due to the natural features and their buffers, and `Low Rise Residential Five Zone (RES -5)' zone with a Site - Specific Provision and Holding Provision for those lands which are proposed to be developed. Policy Conformity Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, • The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; • The minimization of waste; • The orderly development of safe and healthy communities; • The adequate provision of a full range of housing, including affordable housing; • The appropriate location of growth and development; • The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; • The promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; • The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets out principles to achieve "healthy, liveable and safe communities". The PPS is supportive of efficient development patterns that optimize the use of land, resources, and public investment in infrastructure and public service facilities. Further, the PPS directs the development of new housing to locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs and promotes densities for new housing which efficiently uses land, resources, infrastructure, and public service facilities. Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be consistent with the policy statement that are in effect on the date of decision and shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. The PPS focuses growth and development within urban and rural settlement areas and promotes land use patterns that are based on densities and land uses that efficiently use land, resources, infrastructure and public service facilities. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. PPS policies support the provision of a range and mix of housing options and densities to meet the needs of current and future residents and at densities and in locations that are transit supportive. Policies require that natural features shall be protected for the long-term and that the long-term ecological function and biodiversity of natural heritage systems, Page 214 of 350 should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. The proposed development is directed outside of hazard lands, including those impacted by a flooding hazard, and stormwater management is designed to protect ground and surface water features. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan) Part of the Vision of the Greater Golden Horseshoe (GGH) is to ensure municipalities have sufficient housing supply that reflects market demand and what is needed in local communities. The Growth Plan directs Planning authorities in the Region of Waterloo to plan for a population of 923,000 people and 470,000 jobs by 2051. This would mean a population increase of approximately 299,070 in comparison to the Region's 2020 population of 623,930. The forecasted growth to the 2051 horizon is allocated to each municipality in the Region based on the following considerations: the vast majority of growth will be directed to settlement areas that have a delineated built boundary, have existing or planned municipal water and wastewater systems, and can support the achievement of complete communities. As one of three cities in the Region, it can be expected that Kitchener will be allocated a significant amount of the additional population growth. The subject lands are within the City's delineated Designated Greenfield Area. New development taking place in designated greenfield areas must be planned, designated, and zoned in a manner that supports the achievement of complete communities, supports active transportation, and encourages the integration and sustained viability of transit services. The Growth Plan notes that complete communities should be designed to meet people's needs for daily living throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, public service facilities, and a full range of housing to accommodate a range of incomes and household sizes. Complete communities support quality of life and human health by encouraging the use of active transportation and providing high quality public open space, adequate parkland, opportunities for recreation, and access to local and healthy food. Complete communities support climate change mitigation by increasing the modal share for transit and active transportation and by minimizing land consumption through building compact, mixed-use communities. The subject lands are located within the City's Designated Greenfield Area, an area within the Settlement Boundary that is designated for growth. Policy 2.2.7.1 states that new development taking place in designated greenfield areas will be planned, designated, zoned and designed in a manner that: a) supports the achievement of complete communities; b) supports active transportation; and c) encourages the integration and sustained viability of transit services. Policy 2.2.7.2 requires that the minimum density target applicable to the designated greenfield area for Waterloo Region is not less than 50 residents and jobs combined per hectare. The minimum density for Kitchener's designated greenfield area, as required by Regional Official Plan policy 2.G.1.2 (Table 4) is 65 people and jobs per hectare and Kitchener Official Plan policy 3.C.1 14.a) is 55 residents and jobs combined per hectare. The proposed density of this development is approximately 77 people and jobs per hectare (the natural heritage lands are excluded from this calculation as they are not developable). The proposed development is a low-rise, low-density, multiple form of housing and is located within the City's urban area. Lands north of New Dundee Road are rapidly urbanizing and the proposal makes efficient use of the lands helping to meet minimum density requirements. The lands are designated for low rise residential development and the proposal will increase the amount and variety of housing available in this part of the City. A mix of uses including commercial and mixed use and residential are planned along New Dundee Road. Municipal services have recently been constructed in the vicinity of the subject lands and will be extended to service these lands by the Page 215 of 350 developer. The proposal to convey Blair Creek and the associated wetlands will help to protect and preserve this important natural feature and its functions for the long term. New Dundee Road is a Regional Road and is scheduled for reconstruction in about 2030. The City will continue to advocate for the inclusion of transit, pedestrian and cycling facilities to be added to New Dundee Road. The development is planned to be pedestrian and cycling friendly and will connect to the future facilities on New Dundee Road. Planning staff is of the opinion that the proposed applications are consistent with the Provincial Policy Statement and conform to the Growth Plan. Regional Official Plan The subject lands are within the Urban Designated Greenfield Area established in the Regional Official Plan (ROP). The ROP (Policy 2.G.1.2 Table 4) requires that greenfield areas serving primarily a residential function will meet or exceed a minimum density of 65 residents and jobs combined per hectare. The proposed development will help achieve minimum required densities. ROP policies require new communities to have sidewalks, community trails and bicycle pathways that provide linkages within the neighbourhood and to other neighbourhoods, transit stops, employment areas, school sites, food destinations, and community facilities. The subject lands are located in a rapidly urbanizing part of Kitchener which is planned to have a mix of uses when it is built out. The proposal will be designed to connect to future transit, pedestrian and cycling facilities at such time as they are constructed within the Region's right-of-way. Regional Planning have provided comment on the proposed applications, including subdivision approval conditions, and overall have no objections to the proposed applications. Official Plan The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. The subject lands are identified as being located within the `Community Area' and `Green Area' on Map 2 of the Official Plan. The planned function of Community Areas is to provide for residential uses, and the function of Green Areas is to protect and conserve the ecological functions and features that these spaces provide. The subject lands have two land use designations: lands shown as Block 1 on the proposed Draft Plan of Subdivision are designated Low Rise Residential and are proposed to be developed with condominium townhouses; and lands shown as Block 2 are designated Natural Heritage Conservation. Official Plan policies permit the exact boundary between Natural Heritage and developable lands to be determined based on appropriate Environmental Studies. In support of the application the developer provided an Environmental Impact Study (EIS) which is used to confirm the limits of the natural areas, setbacks, development limits, and impacts to the natural environment, and recommended mitigation measures to protect the adjacent natural heritage features. The EIS recommends a 30 metre buffer to the wetland limit, which will be vegetated with enhancement plantings to further protect and enhance the wetland feature. These natural features include Blair Creek and Roseville Swamp Cedar Creek (recognized provincially significant wetland), Regional Core Environmental Feature, is regulated by the Grand River Conservation Authority, and is identified in the Official Plan as being affected by the Flooding Hazard Overlay. The natural and hazard features together with the 30 metre buffer are included in the Natural Heritage Designation and are protected and will be conveyed to the City. Page 216 of 350 The Low Rise Residential land use designation permits a full range of low density housing types, including cluster townhouses. Policies permit a maximum floor space ratio (FSR) of up to 0.75 where it is compatible, and heights of up to 4 storeys or 14 metres on lands having frontage on a Regional Road. The applicant is requesting site-specific zoning regulations to permit the maximum FSR to be increased to 0.75 and a maximum height of 14 metres in accordance with these policies. New Dundee is a Regional Road, and staff is of the opinion that the increase in density is compatible. The subject lands are well separated from surrounding development with the creek and wetland to the north, the private stormwater pond to the east, and a large setback with a grade change to the dwelling to the west. Further, the increase in FSR is mainly required to permit units to have lookout or walkout basements where grading permits. This helps increase light and liveable space for residents and allows for additional visual access to the natural area and the SWM pond. Staff is of the opinion that the proposed development concept and Zoning By-law Amendment comply with policies of the Official Plan. Kitchener Growth Management Plan (KGMP) 2019-2021 The subject lands (Parcel 114 on KGMP Map) are identified as Priority `B' which supports consideration of development applications and initiatives to be actively worked on with high priority in the coming 2 -year timeframe. Priority B applications may require some additional infrastructure. The developer will be required to extend water and sanitary infrastructure from the east and under New Dundee Road. These extensions are not eligible for Development Changes and will be fully funded by the Developer. The City and Region are satisfied with the servicing solution and it will be implemented through separate processes and contracts. Proposed Zoning By-law Amendment The subject lands are currently zoned `Future Use Zone (FTR-1)' in Zoning By-law 2019-051. The purpose of this zone is to permit existing uses until such time as a future development application can ensure the orderly development of land. This may include the delineation of any natural heritage features on the lot and subsequent application of the NHC-1 zone on any of these features. The applicant has completed the required studies to delineate the appropriate boundary between the developable land and the natural heritage feature and staff recommend that the lands be rezoned as shown on Map 1 and in the proposed By-law (see Appendix `B'). Area 1 — Natural Conservation (NHC-1) to the natural feature and buffer, which will be conveyed to the City for long-term protection. Staff note that a small portion of the NHC lands which only include floodplain will be retained with Block 1 (condominium lands) and is proposed to be incorporated into the on-site amenity and stormwater area and remains undevelopable. The City and GRCA are satisfied with the proposed boundary of the `NHC-1' Zone. Area 2 — Low Rise Residential Five Zone (RES -5) with Site Specific Provision 368 and Holding Provision 48H. RES -5: • The proposed zone permits the full range of low rise residential uses, including the proposed cluster townhouse development. Site -Specific Provision 368: • To permit a Floor Space Ratio (FSR) of up to 0.75 and a building height of 14.0 metres. As discussed in the previous section this is consistent with location and the `Low Rise Residential' designation. • To permit ground floor units without a private patio. Units fronting New Dundee Road have been designed as rear lane towns and will be provided with private porches and balconies/ roof -top terraces, rather than an at -grade patio. • To permit front porches with a depth of 1.0 metres (rather than 1.5 metres) and steps to be located a minimum of 2.0 metres from a street line (rather than 3.0 metres). The rear lane Page 217 of 350 towns are designed to front onto New Dundee Road. Porches with steps have been included in order to provide for an attractive fagade which will be designed so that it can connect to a private sidewalk and any future pedestrian sidewalk on the road. The reduced porch depth and stair projection provides flexibility in the design and accommodates for variation in porch design and grades should more or fewer stairs be required to access the porch. Holding Provision 48H: • The Holding Provision requires that a clearance is provided by the City's Director of Engineering confirming that services are available or that acceptable arrangements have been made for their provision. Municipal services do not currently extend to the subject lands, however are located in the vicinity and must be extended from the east, beneath New Dundee Road. All costs associated with the extension of these services is the responsibility of the developer and is not considered a Development Charge eligible expense. Additional work and agreements are required between the City, the Region and the developer to facilitate the extension of services, and the lands cannot be developed until this work is complete. Staff is of the opinion that it is appropriate to zone the lands for the proposed residential development, subject to the proposed Holding Provision. The proposed zoning for the subject lands complies with the land use designations, and staff is of the opinion that they are appropriate for the proposed subdivision. Proposed Draft Plan of Subdivision The proposed Plan of Subdivision provides for two blocks. Block 1 is proposed to be developed with 127 condominium townhouse units. Block 2 includes Blair Creek and associated wetlands and buffer and is proposed to be conveyed to the City of Kitchener. The primary purpose of the subdivision is to facilitate the Common Elements Condominium process, as discussed previously. Staff recommend that the applicant be required to enter into a modified version of the standard residential subdivision agreement, with conditions as outlined in Appendix `A'. Staff recommends that Parts 2, 3, 4 and 5 of the Standard Residential Agreement be excluded, as there are no facilities or works (including roads, sidewalks, infrastructure, etc.) which will be dedicated to the City. Conditions of approval facilitate the dedication of the Natural Heritage lands, provide for ongoing protection and monitoring of the Natural Heritage Conservation feature and functions. The conditions also provide for a number of warning clauses and notices to be registered on title on lands which will be sold to future residents including for example, noise warning clauses, notice regarding mailboxes, and notice regarding maintenance responsibility for retaining and noise walls. Conditions of the Region of Waterloo, Grand River Conservation Authority, school boards and utilities are also included as per their comments and requirements. Department and Agency Comments All requirements have been addressed or are included as conditions of approval. The following Reports and studies were considered as part of this review: • Environmental Impact Study, prepared by Geoprocess Research Associated Inc. (August 4, 2022, revised February 10, 2023) • Environmental Noise Feasibility Study, prepared by Valcoustics Canada Ltd. (August 4, 2022, revised Feb 28, 2023) Page 218 of 350 • Functional Servicing and Stormwater Management Report prepared by MTE Consultants Inc. (August 4, 2022, revised March 2, 2023) • Hydrogeological Assessment Report, prepared by MTE Consultants Inc. (July 28, 2022) • Phase 1 ESA, prepared by MTE Consultants Inc. (March 17, 2017) • Planning Justification Report, prepared by GSAI (August 2022) • Preliminary Site Plan, prepared by Hunt Design Associates (July 2022, revised March 3, 2023) • Preliminary Elevations, prepared by Hunt Design Associates (June 2022) • Proposed Draft Plan of Subdivision, prepared by GSAI (June 27, 2022, revised March 3, 2023) • Stage 1 -2 Archaeological Assessment, prepared by Amick Consultants Limited (August 19, 2021) • Stage 1 -2 Ministry Letter re: Archaeological Assessment (August 20, 2021) • Sustainability Statement, prepared by GSAI (August 4, 2022) • Transportation Impact Study and Access and Circulation Review, prepared by Paradigm Transportation Solutions Limited (July 2022, revised February 2023) Community Input & Staff Responses iTA: lad ITA �: I Ae1:I 108 addresses (occupants and property owners) were circulated and notified Approximately 7 people/households/businesses provided written comment A City -led Neighbourhood Meeting was held on December 1, 2022 10 different users logged on Staff received written responses from 7 individuals. A copy of comments and staff responses can be found in Appendix `E' — Community Consultation. An overview of the identified concerns and staff responses are found below. Impacts to Natural Heritage Conservation Features Staff received several questions and concerns with respect to potential impacts to Blair Creek, the associated wetlands and its features and functions. The applicant has submitted an Environmental Page 219 of 350 Impact Study in support of the application. The purpose of this study is to evaluate the natural feature and make recommendations regarding its long-term protection and conservation. This study is reviewed by the City, the Region, and the Grand River Conservation Authority and the findings are implemented through the recommended zoning, and though the conditions of the Plan of Subdivision. The study recommends that a 30 metre buffer be provided to the edge of the wetland feature. Most of this buffer is currently within the agricultural field, beyond the edge of the wetland, and it will be planted in accordance with a Buffer Enhancement Planting Plan to protect the feature. The lands, including the buffer, will be conveyed into public ownership, and will be fenced along the boundary with the development to prevent access by the public. No trails or public access are permitted through this sensitive feature and there will be no access to Dodge Drive from the condominium. Future residents will be provided with information about the natural feature including recommendations on preferred plants for private gardens to help prevent invasive species from entering the natural area. The site will be designed and engineered to help infiltrate storm water wherever possible, including infiltration galleries, to facilitate infiltration of clean run-off from roofs to help maintain ground water and underground flows to creek and wetland. A private stormwater management facility will capture and clean surface run-off before it enters the creek, and engineered features will help to slow flows to the creek in times of flood and help maintain baseflow during dryer times. Staff in consultation with the Region and GRCA are satisfied that the appropriate measures will be included to protect the natural heritage conservation features and their functions. Increases to Traffic and Capacity of New Dundee Road A number of questions and concerns were received regarding traffic levels and speeds on New Dundee Road. The applicant has submitted a Transportation Impact Study (TIS) in support of the application. This study indicates that no upgrades are required to New Dundee Road as a result of this development. However, the Region of Waterloo has planned a series of upgrades to New Dundee Road over the coming years. This is necessary as the community is developed to handle the background levels of traffic. Such upgrades include new roundabouts at New Dundee Road and Robert Ferrie Drive and at New Dundee Road and Fischer Hallman Road. The eastern section of New Dundee Road from Robert Ferrie Drive to Executive Place will be rebuilt in 2024/2025. The section of New Dundee Road west of Robert Ferrie Drive is scheduled for reconstruction in about 2030. The Region has not initiated design work on this section, however City staff will advocate for the inclusion of pedestrian and cycling infrastructure. The subject site will be designed and planned to have future connections to a sidewalk or multi -use trail. With respect to speed limits, the Region has indicated that speeds will be lowered to 60 km/hour on New Dundee Road in proximity to the planned roundabouts and upon completion for the section of the road being rebuilt east of Robert Ferrie Drive. There are no immediate plans to reduce speed limits on other sections of New Dundee Road. This would be considered when subsequent sections of New Dundee Road are redeveloped. Site lines and driveways were evaluated in the Transportation Impact Study based on existing speeds. Provision of On-site Amenity Space and Landscaping Staff received questions about access to parks for the subject development. Staff acknowledge that it will be difficult for residents to walk to city parks in surrounding neighbourhoods, however the proposed development includes two on-site amenity areas. A large central area will include play facilities, and a secondary amenity space is included adjacent to the stormwater management pond and will be a more passive space. The site, amenity areas and stormwater management pond will be landscaped, and new trees will be planted. In addition, the 30 metre buffer, which forms part of the Natural Heritage Conservation lands will also be intensively planted in accordance with an approved Buffer Enhancement Planting Plan and conveyed to the City along with the natural feature. Parkland dedication (or cash -in -lieu) will be required through the subsequent Site Plan Approval process. Page 220 of 350 Servicing Availability Sanitary sewers and watermain for the subject lands will be extended, at the cost of the developer, from the east along New Dundee Road. Stormwater run-off will be managed through a private on- site stormwater management pond, and various infiltration galleries. As services are not presently available, staff are recommending that a Holding Provision be applied to the lands so that no development may occur until satisfactory arrangements have been made. Impacts to Private Wells A neighbouring resident raised concerns about potential impacts to private wells on nearby properties. Staff confirm that the project will need to be designed so that there will be no impacts to existing wells. Further monitoring of private wells may be required through the detailed planning for site servicing through the Site Plan Approval stage. Proposed Height and Density Staff received concerns with respect to the proposed height and density of the subject development. The applicant is proposing a mix of two-storey and three-storey townhouses. While they have requested to utilize the maximum permitted height of 14.0 metres, and density of 0.75, this increase is largely due to the units which have walk -out or look -out basements which contribute to the floor space ratio, and the peaked design of the roof on some of the three-storey units which contributes to the overall height. The proposed townhouses are well separated from neighbouring houses, and the proposed height will not cause overlook onto surrounding yards. Staff is of the opinion that the proposed height and density are appropriate for this site. Impacts to Schools Notice of this application was circulated to the Waterloo Catholic and Waterloo Region District School Boards. As New Dundee Road does not have pedestrian facilities, both school boards have provided comment and indicate that students will be bused to school from this development. At such time as pedestrian facilities are available, additional opportunities to walk to school may become available. Staff note that trails or other pedestrian connections through the natural area are not possible due to the sensitivity of this feature. Provision of Public Transit Concerns were raised regarding access to public transit. The subject lands are not currently well served by Grand River Transit, and the nearest route is located near the intersection of New Dundee Road and Robert Ferrie Drive, which is about a 15 minute walk. This neighbourhood is an urbanizing area and new transit routes may be added in the future, as development and demand increases. In the meantime, the subject development has provided private garages with driveways (some units may have double garages and driveways from private lanes), as well as shared visitor parking on- site. The design provides for ample parking for the development and no parking reduction is proposed. 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 - Upon registration, there will be ongoing operations costs for the maintenance of the Natural Heritage lands being dedicated to the City. There will also be ongoing revenue in the form of residential property tax revenue. Development Charges will be paid to the City, the Region, and school boards at the time of building permit issuance. Page 221 of 350 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 September 2022. Notice of the Public Meeting was posted in The Record on May 26, 2023 (a copy of the Notice may be found in Appendix `C'). CONSULT — The applications were originally circulated to property owners within 240 metres of the subject lands in September 2022. In response to this circulation, staff received letters and emails from 7 respondents. Written comments are included in Appendix `E'. A Neighbourhood Meeting was held on December 1, 2022 and 10 users participated. PREVIOUS REPORTS/AUTHORITIES: • Municipal Act, 2001 • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan, 2010 • City of Kitchener Official Plan, 2014 • Kitchener Growth Management Strategy • Kitchener Growth Management Plan 2019-2021 • Zoning By-law 2019-051 • City of Kitchener Urban Design Manual REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Appendix A — Draft Plan and Conditions of Draft Approval Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Community Comments Page 222 of 350 Draft Approval Conditions Draft Plan of Subdivision Application 30T-22202 Zoning By-law Amendment ZBA22/021/N/KA 1000 New Dundee Road Cachet Developments (New Dundee) Inc. That this approval applies to Plan of Subdivision 30T-22202 for Cachet Developments (New Dundee) Inc. as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 18, 2023 which shows the following: Block 1 Multiple Residential (127 units) Block 2 Open Space/Floodplain 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a modified City Standard Residential Subdivision Agreement as approved by CITY Council, respecting those lands shown outlined on the attached Plan of Subdivision dated May 18, 2023, which shall include: PART 1, except condition 1.25 which shall be deleted; PART 2, all conditions deleted; PART 3, all conditions deleted; PART 4, all conditions deleted; PART 5, all conditions deleted, save and except condition 5.2 (which is renumbered to 5.1); PART 6, all conditions deleted, save and except conditions 6.3 (which is renumbered to 6.1), 6.5 (which is renumbered to 6.2), 6.12 (which is renumbered to 6.3). The following special conditions shall be added to the City Standard Residential Subdivision Agreement: PART 1: General Conditions: 1.28 All contracts between the SUBDIVIDER and any contractor for any work to be done pursuant to this Agreement shall be subject to the approval of the CITY'S Director of Operations and without limiting the generality of the foregoing, every contract shall: a) be with a contractor acceptable to the CITY'S Director of Operations; b) contain a provision binding the contractor to file performance and material and labour bonds and liability insurance satisfactory to the CITY'S Director of Operations, with in the case of liability insurance, the CITY named as an additional insured; c) provide that the work of the contractor shall at all times be subject to the inspection of the CITY or CITY'S consulting engineer and be performed in accordance with the terms of this Agreement; Page 223 of 350 d) provide that the contractor shall co-operate with the inspectors and engineers at all times, submit materials used for any tests required and comply with any directions given by the inspectors and engineers, to ensure compliance with the plans and specifications; e) provide that the contractor shall supply a work schedule which may be updated as deemed necessary by the CITY, for the approval of the CITY'S Director of Engineering Services which work calendar shall provide for the work to be carried forward with reasonable expedition and which work calendar shall be adhered to so far as is reasonably possible; f) include an acknowledgment by the contractor that the contractor looks only to the SUBDIVIDER and not to the CITY for payment of this work. Part 2 — Prior to Grading 2.1 Prior to Grading or Registration, whichever may occur first, and in consideration of the wooded character of the subdivision lands and the CITY'S desire to minimize the impact of development on the treed areas worth retaining, the SUBDIVIDER agrees to submit a Detailed Vegetation Plan including stewardship initiatives„ approved grading, suitable silt and vegetation protection measures to be erected along the outer edge of the wetland buffer area (boundary of Block 2) as required by the Tree Management Policy, and to obtain approval from the CITY'S Director, Planning in consultation with the Grand River Conservation Authority, and the CITY'S Director, Parks and Cemeteries. a) The SUBDIVIDER shall provide a digital copy of the approved Detailed Vegetation Plan including grading to the CITY'S Director of Planning. b) The SUBDIVIDER agrees to implement all approved measures including temporary vegetation protection fencing for the protection of isolated trees, tree clusters and woodlands as approved in the Detailed Vegetation Plan including and to provide written certification from the SUBDIVIDER's Environmental Consultant to the CITY's Director of Planning that all protection measures have been implemented and inspected, in accordance with the CITY's Tree Management Policy. 2.2 Prior to area grading, servicing, and registration of any stage within the plan of subdivision, the SUBDIVIDER shall submit an Environmental Impact Study, and to obtain approval from the CITY'S Director, Planning in consultation with the CITY'S Director, Parks and Cemeteries, Region of Waterloo, and the Grand River Conservation Authority. 2.3 The SUBDIVIDER agrees to prepare and implement the Buffer Enhancement Planting Plan, for the section of land between the provincially significant wetland and development to be approved by the CITY'S Director of Planning in consultation with the CITY'S Director, Parks and Cemeteries. The Buffer Enhancement Planting Plan shall identify opportunities for enhancements and plantings of native plant species, with the objective to convert the agricultural field into a wet meadow Page 224 of 350 marsh and meadow community and provide a vegetated structural barrier that will help to discourage encroachment and reduce yard waste dumping into the wetland. The SUBDIVIDER shall provide a Letter of Credit based on 100% of the estimated cost of all works, prior to Site Plan Approval, to the satisfaction of the CITY'S Director of Planning in consultation with the CITY'S Director, Parks and Cemeteries. The Letter of Credit shall be based on an approved Cost Estimate of all works required to implement the Buffer Enhancement Planting Plan. The letter of credit will be reduced once the City is in receipt of confirmation from the SUBDIVIDER's Landscape Architect that all applicable works, as outlined in the approved Cost Estimate, are completed. 2.4 The SUBDIVIDER agrees to prepare and implement a detailed "during - development" monitoring program and will include three phases: "pre - construction", "during -construction" and "post -construction", in accordance with the Upper Blair Creek (Kitchener) Functional Drainage Study. 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 General Manager, Infrastructure Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. a) The "pre -construction" monitoring program will document current conditions, including surface water and hydrogeological conditions, and be used as baseline information to compare conditions through the "during" and "post" construction monitoring periods. The pre -construction program is to be approved by the CITY'S Director of Engineering Services in consultation with the CITY'S Director of Planning, the General Manager, Infrastructure Services, the Grand River Conservation Authority, and the Regional Municipality of Waterloo. b) The SUBDIVIDER agrees to submit, obtain approval of and implement a detailed "during -construction" monitoring and response program. The during - construction program is to be approved by the CITY'S Director of Engineering Services in consultation with the CITY'S Director of Planning, the General Manager, Infrastructure Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the "during -construction" monitoring program is to ensure the stormwater management system/facility satisfies the design criteria specified in the Upper Blair Creek (Kitchener) Functional Drainage Study (UBCFDS) and to ensure water temperature, erosion, stream channel erosion, sedimentation and siltation control measures and groundwater mounding are maintained and function as approved. The during -construction monitoring and response program shall also monitor impacts to Environmentally Sensitive Policy Area 39 and other significant vegetation on the property. The "during -construction" monitoring and response program is to remain in place until 90% of the pond catchment area is stabilized (buildings are constructed and lots/blocks are sodded or vegetated) to the satisfaction of the CITY's Director of Engineering Services. Page 225 of 350 The SUBDIVIDER further agrees to implement any remedial action deemed necessary 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 Grand River Conservation Authority. c) The SUBDIVIDER agrees to submit, obtain approval of, and implement a detailed "post -construction" monitoring program. The post -construction program is to be approved by the CITY'S Director of Engineering Services in consultation with the Director of Planning, the General Manager, Infrastructure Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the "post -construction" monitoring program is to ensure that the stormwater management system/ facility continues to satisfy the design criteria specified in the Upper Blair Creek (Kitchener) Functional Drainage Study (UBCFDS) and to identify any specific additional monitoring and maintenance requirements that may be necessary, including but not limited to water temperature, erosion, stream channel erosion, sedimentation and siltation control measures and groundwater mounding. The post -construction monitoring and response program shall also monitor impacts to Environmentally Sensitive Policy Area 39 and other significant vegetation on the property. The post -construction monitoring program shall extend for a two- year period after 90% of the pond catchment area is stabilized (buildings are constructed and lots/blocks are sodded or vegetated) to the satisfaction of the CITY'S Director of Engineering Services and coincide with the maintenance guarantee period required in the CITY's Standard Form Residential Subdivision Agreement. The SUBDIVIDER further agrees to implement any remedial action deemed necessary 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 Grand River Conservation Authority. 2.5 The SUBDIVIDER agrees that prior to Grading and Servicing of Block 1, the stormwater management facilities will be constructed, vegetated, and operational, in accordance with the associated Site Plan Approval for Block 1, to the satisfaction of the CITY's Director of Engineering Services in consultation with the Director, Parks and Cemeteries and the Grand River Conservation Authority. PART 4: Prior to Application for or Issuance of Building Permits 4.1 The SUBDIVIDER agrees to install permanent, maintenance free fencing along the northern boundary of Block 1, to the satisfaction of the CITY's Director of Planning in consultation with the Director, Parks and Cemeteries, the Grand River Conservation Authority, and the Regional Municipality of Waterloo. 4.2 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed plan of subdivision to the satisfaction of the CITY's Director of Engineering Services or the CITY's Chief Building Official in consultation with CITY's Director of Utilities. Page 226 of 350 PART 6: Other Timeframes 6.4 The SUBDIVIDER agrees to implement all the recommendations of the Environmental Impact Study for a period of no less than 5 years from the date of draft plan approval to the satisfaction of the City's Director of Planning. 6.5 That prior to registration, the SUBDIVIDER agrees to prepare a Homeowner's Environmental Stewardship Guide for purchasers and/or tenants which provides information about the natural heritage features within the subdivision along with advice about good stewardship of these areas, to the satisfaction of the CITY'S Director of Planning in consultation with the Grand River Conservation Authority and the Regional Municipality of Waterloo. Furthermore, the SUBDIVIDER agrees to distribute this brochure to purchasers/tenants. 6.6 The SUBDIVIDER agrees to include the following clause in all agreements purchase and sale with home buyers, where parcels of tied lands contain retaining walls: "Purchasers are advised that a retaining wall is located on this property. The owner of this property also owns their section of the retaining wall. The retaining wall is not in public ownership. Monitoring, maintenance, inspection, repair and replacement of this retaining wall, including any associated costs, are the sole responsibility of the property owner. The City of Kitchener is in no way responsible for this retaining wall. Should this retaining wall fail, it is the property owner's responsibility to repair or replace his/her section of the wall, at his/her cost. 6.7 That the SUBDIVIDER agrees to include the following clauses in all agreements of purchase and sale with home buyers, and/or Rental Agreements, which advise: a) that the home/business mail delivery will be from a designated Community Mailbox. b) that identifies the exact Community Mailbox locations. The SUBDIVIDER further agrees that the location of all Community Mailbox facilities will be shown on maps, information boards and plans, including maps displayed in the sales office. 6.8 The SUBDIVIDER agrees to include the following clauses in applicable offers of purchase and sale and tenancy agreements, which shall be registered on the title of the lands immediately upon registration: " Purchasers/tenants are advised that given the sensitive environmental features contained within the lands, no public access will be permitted onto or through Block 2. This shall include passive recreational access and formal access routes including walkways, trails or footpaths." 6.9 The SUBDIVIDER agrees to include a clause in all agreements of purchase and sale with home buyers, and/or rental agreements, that: Page 227 of 350 2.1 a) provides the contact information for the four (4) School Boards in the Region to ensure that purchasers have contacts at the respective Boards for school boundary and other related school accommodation inquiries. b) public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point. 6.10 The SUBDIVIDER agrees that no grading is permitted within Block 2, save and except that which may be required to facilitate the implementation of the Buffer Enhancement Planting Plan. 6.11 The SUBDIVIDER agrees that no grading or servicing of Block 1 is permitted, until such time as Site Plan Approval has been granted and a s.41 Development Agreement has been registered on title. 6.12 That the SUBDIVIDER agrees to include the following statement in all agreements of purchase and sale and/or rental agreements 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." 6.13 The SUBDIVIDER agrees to dedicate an easement providing access to Block 2 to the CITY by the registration of the Plan of Subdivision, to the satisfaction of the CITY Solicitor, in consultation with the City's Manager of Parks and Cemeteries. That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: ON 3 0 The CITY Standard Residential Subdivision Agreement be registered on title. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. 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. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with co-ordinate values and elevations thereon and submit for registration the Page 228 of 350 plans showing the location of the monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 5. The SUBDIVIDER shall make satisfactory arrangements with Kitchener -Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 6. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent 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 to HYDRO, and telephone companies and the CITY, to the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning and CITY'S Director of Engineering Services or, in the case of parkland, the CITY'S Director of Operations; and (e) to provide to the CITY'S Director of Planning, a clearance letter from each of 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 an easement providing access to Block 2 to the CITY by the registration of the Plan of Subdivision, to the satisfaction of the CITY Solicitor. 9. 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. Page 229 of 350 10. The SUBDIVIDER agrees to convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of each stage of the plan of subdivision within which the identified blocks are located: Block 2 Open Space/Floodplain 14. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to registration, a Detailed Vegetation Plan is to be submitted for approval by the CITY'S Director of Planning. The Detailed Vegetation Plan shall also show approved grading. The SUBDIVIDER agrees to implement all of the measures identified in the approved Detailed Vegetation Plan including delivering all information contained in the approved Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are carried out as specified. 15. That prior to registration, the SUBDIVIDER agrees to prepare a Homeowner's Environmental Stewardship Guide for purchasers and/or tenants which provides information about the natural heritage features within the subdivision along with advice about good stewardship of these areas, to the satisfaction of the CITY'S Director of Planning in consultation with the Grand River Conservation Authority and the Regional Municipality of Waterloo. 16. 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 1.22 of the Subdivision Agreement. 17. That prior to registration and conveyance of Open Space Block 2 the SUBDIVIDER shall remove any garbage or debris from Block 2 to the satisfaction of the CITY'S Director of Parks and Cemeteries in consultation with the Regional Municipality of Waterloo. The SUBDIVIDER shall treat these lands as required by the Kitchener Tree Management Policy (2002) Section 3.3.1.6 including the removal of any garbage or debris to the satisfaction of the CITY'S Director of Planning and the CITY'S Director of Parks and Cemeteries. 18. (2.5) Prior to Grading or Registration, whichever may occur first, and in consideration of the wooded character of the subdivision lands and the CITY'S desire to minimize the impact of development on the treed areas worth retaining, the SUBDIVIDER agrees to submit a Detailed Vegetation Plan including stewardship initiatives, approved grading, suitable silt and vegetation protection measures to be erected along the outer edge of the wetland buffer area (boundary of Block 2) as required by the Tree Management Policy, and to obtain approval from the CITY'S Director, Planning in consultation with the Grand River Conservation Authority, and the CITY'S Director, Parks and Cemeteries. a) The SUBDIVIDER shall provide a digital copy of the approved Detailed Vegetation Plan including grading to the CITY'S Director of Planning. b) The SUBDIVIDER agrees to implement all approved measures including temporary vegetation protection fencing for the protection of isolated trees, tree Page 230 of 350 clusters and woodlands as approved in the Detailed Vegetation Plan including and to provide written certification from the SUBDIVIDER's Environmental Consultant to the CITY's Director of Planning that all protection measures have been implemented and inspected, in accordance with the CITY's Tree Management Policy. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: That the plan for final approval may incorporate a lot pattern for all blocks in which townhouse lots are permitted, at a density not exceeding the density identified in the draft approval conditions; 2. That the SUBDIVIDER agrees to stage the development of 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; 4. That any dead ends and open sides of road allowances created by this plan of subdivision shall be terminated in 0.3 metre reserves, to be conveyed to and held in trust by the City of Kitchener until required for future road allowances or the development of adjacent land. 5. That the SUBDIVIDER enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever comes first. Where the SUBDIVIDER 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 Engineering 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; 6. That the SUBDIVIDER includes the following statement in the registered subdivision agreement and in all agreements of lease or purchase and sale and/or rental agreements 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 Page 231 of 350 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." 7. That, prior to registration or servicing, whichever comes first, the Functional Servicing and SWM Report (MTE, Revised March 2, 2023) and/or future amendments thereto) be completed to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Without limiting the foregoing, the Report must address the following: a) Location of the proposed 300mm dia watermain within the New Dundee Road right-of-way. b) Location of the proposed 300mm dia sanitary sewer within the New Dundee Road right-of-way. 8. That, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide that prior to any grading, construction, or servicing of the plan of subdivision, whichever comes first, the SUBDIVIDER submit a final lot grading and drainage plan for the entire plan for review and approval to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. The lot grading and drainage plan must include the following for New Dundee Road (Regional Road 12): a) cross sections along New Dundee Road and the abutting development. The cross sections should extend 5m into the private property and be provided at 10m intervals along the entire frontage of the property in addition to cross sections at the proposed main driveway and emergency access. The cross sections should show proposed development grades in matching to the existing and proposed grades along New Dundee Road, including property line, hydro poles, and other features as necessary. The developer is responsible to ensure whatever is constructed today meets current standards without the need for retaining walls and allows for future integration with Regional road works. 9. That, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide that prior to any grading, construction or servicing of the plan of subdivision, whichever comes first, the SUBDIVIDER submit a final detailed stormwater management plan to the satisfaction of the City of Kitchener, Grand River Conservation Authority, and the Regional Commissioner of Planning, Development and Legislative Services. 10. That prior to registration, the SUBDIVIDER decommissions any monitoring and private wells (not used for long term monitoring) and septic systems on the property in accordance with O. Reg. 903 prior to any grading on the property; and furthermore, that the SUBDIVIDER enter into an agreement with the City of Kitchener to decommission any long term monitoring wells no longer used for such Page 232 of 350 purposes, all to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 11. That the boundaries and buffers of Core Environmental Features (Provincially Significant Wetland, Significant Woodland) within and contiguous to the subject lands be interpreted as depicted on Map 5, Site Plan, in the "Environmental Impact Study, 1000 New Dundee Rd, Kitchener' (GeoProcess Research Associates, last updated February 10, 2023). 12. That the Core Environmental Features and associated buffers on the subject lands be placed in natural heritage conservation zoning pursuant to Policy 7.A.2 of the Regional Official Plan. 13. That prior to any clearing of vegetation on the site, or final approval of all or any part of this plan of subdivision (whichever occurs first), the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo, that no clearing of vegetation on the site occur during the bird breeding season (April 1 —August 31) in compliance with the Migratory Birds Convention Act unless it can be ascertained by a qualified expert that no birds covered by the Act are observed to be breeding in or adjacent to the affected area. 14. That prior to any land clearing, grading or other site alteration, the SUBDIVIDER ensure compliance with the Endangered Species Act. 15. That, prior to final approval, the SUBDIVIDER shall install permanent fencing along the common boundary of Blocks 1 and 2, with signage identifying the Core Environmental Feature, and that the fence be installed to the satisfaction of the City of Kitchener and the Regional Commissioner of Planning, Development and Legislative Services, in consultation with the Grand River Conservation Authority and the Region. 16. That, prior to registration and any land clearing, grading, or the installation of services, the SUBDIVIDER submit a detailed erosion and sediment control plan acceptable to the Regional Municipality of Waterloo and the City of Kitchener, in consultation with the Grand River Conservation Authority, in order to prevent sedimentation into Core Environmental Features. 17. That, prior to registration, the SUBDIVIDER submit landscaping and planting plans for all buffer areas contiguous to Core Environmental Features, and that recommended plantings shall consist of locally -appropriate, self-sustaining native vegetation to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener, in consultation with the Grand River Conservation Authority. 18. That, prior to registration, the SUBDIVIDER submit a detailed monitoring plan for Core Environmental Features and associated buffers on the subject lands as outlined in the "Environmental Impact Study, 1000 New Dundee Rd, Kitchener" (GeoProcess Research Associates, last updated February 10, 2023) to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener, in consultation with the Grand River Conservation Authority. Page 233 of 350 19. That, prior to registration, the SUBDIVIDER develop a brochure or other similar information tools for new home purchasers and residents which provides information about the natural heritage features contiguous to the subdivision, along with advice about how they can be good neighbours to and stewards of these areas, and that the brochure be to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener, in consultation with the Grand River Conservation Authority. 20. That prior to final approval, the SUBDIVIDER remove any debris and/or garbage from Core Environmental Features within the subject lands to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener. 21. That, prior to registration, the SUBDIVIDER 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. 22. That, prior to registration, the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to complete salt management plan for Condo Townhouse Block 1 prior to site plan approval to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Furthermore, that the agreement contains a provision to include implementation of the salt management plan by way of declaration associated with any future applications for plan of condominium. 23. That, prior to registration of this plan of subdivision, or prior to commencement of any construction work, whichever comes first, the SUBDIVIDER must enter into an agreement with the Regional Municipality of Waterloo to obtain a Municipal Consent and Work Permit for New Dundee Road (Regional Road 12) from the Region for such works. 24. That, prior to registration of this plan of subdivision, or prior to commencement of any construction work, whichever comes first, the SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo to provide engineering drawings which include details of boulevard restoration for New Dundee Road (Regional Road 12), to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Without limiting the foregoing, the submission is to include any geotechnical recommendation provided to the SUBDIVIDER by the Region. As part of geotechnical work, the SUBDIVIDER will be required to complete a soil characterization report, to support the movement of excess soils. Conducting sampling analysis plan, assessment of past uses per requirements as set out in O. Reg. 406/19, as well as identification of any dewatering needs. Any restoration beyond 50% of road cross section, will require full road restoration. All to the satisfaction of the Regional Commissioner of Planning, Development, and Legislative Services. Page 234 of 350 25. That, prior registration, the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the recommendations of the accepted report entitled, "1000 New Dundee Road, Kitchener, ON, Transportation Impact Study and Circulation Review" (Paradigm Transportation Solutions Limited, February 2023), to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 26. That, prior to registration of this plan of subdivision, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to obtain prior to site plan, a Regional Road Access Permit for New Dundee Road (Regional Road 12). 27. That prior to registration, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide, prior to site plan approval and at no cost to the Region, daylight triangles along New Dundee Road and any proposed access, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 28. That prior to registration, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to grant any easements at no cost to the Region as necessary for road improvements along New Dundee Road, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 29. That prior to registration, the Regional Municipality of Waterloo review and accept the noise study (and any addendum thereto) entitled, "Environmental Noise Feasibility Study, 1000 New Dundee Road, Proposed Residential Development, Kitchener, Ontario" (Valcoustics, August 4, 2022), to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Furthermore, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide for the implementation of the accepted Noise Study and Addendum. The agreement shall include, but not limited to, securities for the construction of noise attenuation barriers recommended in the Study, and a detailed Noise Study at site plan. 30. That prior to registration, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide for installation of a 1.5m high chainlink fence where deemed necessary along New Dundee Road (Regional Road 12) by the Region, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 31. That prior to registration, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to require that prior to site plan approval the City of Kitchener and the Regional Municipality of Waterloo make arrangements (including entering into an agreement) to provide for servicing of this plan of subdivision within the New Dundee Road (Regional Road 12) road allowance, to the satisfaction of the Regional Commissioner of Transportation Services. Page 235 of 350 4. OTHER AGENCY CONDITIONS: Grand River Conservation Authority 1. 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 final stormwater management report in accordance with the 2003 Ministry of the Environment Report entitled "Stormwater Management Planning and Design Manual" and in keeping with the 1000 New Dundee Road Functional Servicing and Stormwater Management Report (dated March 2, 2023, prepared by MTE Consultants I nc). b) Final Lot Grading, Servicing, and Storm Drainage Plans. c) A final erosion and sediment control plan in accordance with the Grand River Conservation Authority's Guidelines for erosion and sediment control, indicating the means whereby erosion will be minimized and sediment maintained on-site throughout all phases of grading and construction. d) The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit from the GRCA prior to any grading or construction in the regulated area. Waterloo Reaion District School Board 2. That the Owner/Developer agrees that all agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same. Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. ii. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planning@wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. iii. In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick- up point 3. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's expense and according to the WRDSB's specifications), near or affixed to the Page 236 of 350 development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB. Waterloo Catholic District School Board 4. That Education Development Charges shall be collected prior to the issuance of a building permit(s). 5. That the OWNER and the WCDSB reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. 6. That the OWNER shall agree in the in the Subdivision Agreement to advise all purchasers of residential units and/or renters of same, by inserting the following clause in all offers of Purchase and Sale/Lease: "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point." 7. That the developer co-ordinate and reach an agreement with the Waterloo Catholic District School Board and Student Transportation Services of Waterloo Region regarding the provision and maintenance of infrastructure for school bus pick-up and drop-off locations. 5. CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Development and Legislative Services that Conditions 3.1 to 3.31 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director, shall be advised by the telephone company that Conditions 2.1.6 and 2.1.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 3. 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 Conditions 2.1.5 and 2.1.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 4. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been Page 237 of 350 carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 5. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director shall be advised by the Waterloo Region District School Board that Conditions 4.2 — 4.3 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director shall be advised by the Waterloo Catholic District School Board that Conditions 4.4 — 4.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. NOTES The owner/developer is advised that the provisions of the Regional Development Charge By-law 19-037 are applicable. 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. 3. It is the responsibility of the Owner of this plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Division of any changes in ownership, agent, address, and phone and fax numbers. 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By -Law 23-009, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, as amended, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. 5. The owner/developer is advised that pursuant to Regional By -Law 23-009, the current fee for review of a road traffic noise study is $500.00, payable to the Regional Municipality of Waterloo upon submission of the study for review. 6. This draft plan was received on or after April 14, 2022 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 2022, c. 12 (Bill 109). 7. The Owner is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning, Development and Legislative Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited and define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. Page 238 of 350 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 8. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the Owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the Owner has failed to submit the appropriate documentation by this date. 9. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and the applicable clearance agencies that the necessary arrangements have been made, the Manager of Development Review's signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration under The Registry Act and the Region's purposes: One (1) original mylar Three (3) mylar copies Four (4) white paper prints Page 239 of 350 �j EXISTING �/ /�S 5N o: I RESIDENTIAL ��E o / V G I PART -R- 620 4. PLAry ,�;� 0 I �%Y C� PART 3, PU1N 58R-2820 Q�210 E i� M8°43'401��� 154,40 20,08 N045�5 w� 75.54 N�5°1131E q � EXISTING ATURAL HERITAGE AREA PART -2, PLAN 58R-4887 ---�/ Y EXISTING RESIDENTIAL ` PART 1, NI,87 - — - Cq / / PART 2, PLAN 58R-7220 K EXISTING i NATURAL HERITAGE BLOCK 2 AREA OPEN SPACE/FLOODPLAIN 5.41 ha (13.37ac) WETLAND IMIT RT 2, PLAN 58R-2820 EXISTING FL ODLINE - _ 30m WETLAND 306s 1-1 2a_a2 za.ls 'I -e-24 i7.zs B=a� �e 1,19 69 e, o EXISTING 7777--7777-770 121 1945 278 e � � ,RE"SIDENTIAL I.oa --'PART I, PLAN 58R-7290 BLOCK MULTIPLE RESIDENTIAL S & SWM POND ,�- 127 UNITS 4.60ha (I1.37ac) / /N56 00 / Land Use' aos9 STAGE ONE LAS 77 2';O --L �' Block 1 Mull 35.77 NEW DUNDEE ROAD 77.91 i Block 2 OpE T EXISTING Tot,, EXISTING NATURAL HERITAGE RESIDENTIAL AREA REVISED: SUBDIVISION APPLICATI( PLAN OF SUBDIVISION 0 20 40 60 80 CACHET DEVELOPMENTS (NEW DUNDEE) INC. I SCALE: 1:2500 BEASLEYS NEW, SURVEY PT LOT 2, RP 58R-2820 PART 2 1 DATE: MAY 18, 2023 ZONE BYLAW AMENDMENT City of Kitc Development Services Departi PROPOSED BY — LAW 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Cachet Developments (New Dundee) Inc. — 1000 New Dundee Road) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Numbers 208, 209 and 250 of Appendix "A" to By-law Number 2019- 051 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 Future Use Zone (FTR-1) to Natural Conservation Zone (NHC-1). 2. Zoning Grid Schedules Numbers 208, 209, 250 and 251 of Appendix "A" to By-law Number 2019-051 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Future Use Zone (FTR-1) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (368), and Holding Provision (48H). 3. Zoning Grid Schedules Numbers 208, 209, 250 and 251 of Appendix "A" to By-law Number 2019-051 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 4. Section 19 of By-law 2019-051 is hereby amended by adding Site Specific Provision (368) thereto as follows: Page 241 of 350 "368. Notwithstanding Sections 4 and Section 7 of this By-law within the lands zoned RES - 5 and shown as being affected by this subsection on Schedule Numbers 208, 209, 250 and 251 of Appendix `A', the following special regulations shall apply: a) The maximum Floor Space Ratio shall be 0.75, and shall be calculated based on a lot area of 4.6 hectares (being Block 1, 30T-22202 and including lands which are zoned NHC-1 located within this block). b) The maximum Building Height shall be 14.0 metres. c) A Private Patio Area shall not be required. d) The minimum depth of a porch associated with a dwelling unit shall be 1.0 metre. e) Steps and access ramps that exceed 0.6 metres above ground level shall be located a minimum of 2 metres from a street line." 5. Section 20 of By-law 2019-051 is hereby amended by adding Holding Provision (48H) thereto as follows: "48. Notwithstanding Section 7 of this Bylaw, within the lands zoned RES -5 and shown as being affected by this Subsection on Schedule Numbers 208, 209, 250 and 251 of Appendix "A": No person shall develop or redevelop lands until such time as a clearance letter is received from the City's Director of Engineering advising the City's Director of Planning that adequate City services are "available (1)" or that "acceptable arrangements (2)" have been made therefor, and the holding provision has been removed by by-law. This holding provision shall apply to all uses except those uses existing on lots existing on October 11, 1994. (1) "Available" means the necessary provision of municipal services to the level of construction, state of completion, or period of commissioning as the City's Director of Engineering determines to be appropriate. Page 242 of 350 (2) "Acceptable Arrangements" means that the necessary agreements for the provision of services and/or roadworks have been entered into with the City, as the case may be and registered on title, engineering design has been approved and the necessary and related financial guarantees have been received by the relevant municipality." PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 243 of 350 S- SR -3 R S4 N i NHC-1 SUBJECT ARE, OSR-3 RE -2 - R -5 (3 ) � OSR-3 AMENDMENT TC (308) 310 ► p�p AREA 1 - FROM FUTUREI 'V�cV TO NATURAL CC W OSR-2 j ZONE (NHC-1) RES -1 ' a� WSW RES -1 _ AREA 2 - (316) RES -1 C�iiZ ��_ FROM FUTURE l OSR-2 y ���R TO LOW RISE RE RES -1 �* ������ " WITH SITE SPEC AND HOLDING P BY-LAW 2019-05' _ EUF-1 EXISTING ^ ��� ��� �^� ��^��^�ti � -^�-- -,,, ^�� —#'- A ^^_ � FTR-1 FUTURE U NHC-1 NATURAL OPEN SPF �-^ OSR 3 OPEN SPF MANAGEMENTZ [E2p9��^ DU[E2p8 �� ^� ••.. ^ ��^� ��� R i� RES -1 LOW RISE RES -2 LOW RISE --r- - - Q RES 3 LOW RISE i (334) RES -4 LOW RISE BLOCK -�....�...`.�..,.�..`.__... V, RES -5 LOW RISE MULTIPLE RESIDENTIAL & SWM POND � � � • UNITS 4.6 4.60ha (11.37ac) AREA 2 Scvt4 X2,0 e�� _ ZONE GRID REFS RES -1 SCHEDULE ; OF APPEND OA' KITCHENER ZON ZONE MAP NO. 1 CACHET DEVELOPMENTS (NEW DUNDEE) INC. 1000 NEW DUNDEE RD NORTH UMFRIES 0 50 100 METRES SCALE 1:4,000 DATE: MAY 8, 2023 FLOC SIGN • • HABI' ZONING BY-LAW AMENDMENT ZBAA' SUBDIVISION APPLICATION 30T-222 City of Kitchener Appendix "C" — Newspaper Notice NOTICE OF PUBLIC MEETING for a development in your neighbourhood 1000 New Dundee Road Irci�nr� Proposed Subdivision MN 0 0 177 Natural Heritage Floor Space Townhouse Dedicated to Ratio of Units City 4.75 Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: June 19, 2023 Location- Council Chambers. Kitchener City Hall 200 King Street West arVirtual Zoom Meeting Go to kitche ne r.ca/meeti ngs and select: • Current agendas and reparts (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ Planni ngAppl ications or contact: Katie Anderl, Senior Planner katie.ander[CgAitchener.ca 519.741.2200 x7987 The City of Kitchener will consider applications for a Zoning By-law Amendment and a Draft Plan of Subdivision to permit the lands to be split into two blocks. Block 1 is proposed to be zoned 'Residential Five Zone (RES -5)' with a Site -Specific Provision and is proposed to be developed with a 127-u nit condominium townhouse development and includes private park spaces and a private stormvvater management pond. Block 2 contains Blair Creek, associated wetlands and a buffer and is proposed to be zoned 'Natural Conservation Zone (N HC -1)' and dedicated to the City of Kitchener. Page 245 of 350 Katie Anderl From: Mike Seiling Sent: Friday, September 16, 2022 12:18 PM To: Katie Anderl Subject: FW: Circulation for Comment - 1000 New Dundee Road (Subdivision/ZBA) Attachments: department & agency letter - 1000 New Dundee Rd.pdf, Draft Plan of Subdivision.pdf, Map 1A.pdf, Map 1B.pdf Building; no concerns From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, September 16, 2022 10:38 AM To: asage@northdumfries.ca; _DL _#_ DSD _Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman @kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Circulation for Comment - 1000 New Dundee Road (Subdivision/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 22-120757 & 22- 120760 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca e(F419", 0 0 0 0 0 0 0 Page 246 of 350 City of Kitchener COMMENT FORM Project Address: 1000 New Dundee Road Application Type: Proposed Plan of Subdivision 30T-22202 Zoning By-law Amendment ZBA22/021/N/KA Site Plan Application SP22/134/N/KA Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.mussel man@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: October 3, 2022 Comments required no later than: October 18, 2022 1. Plans, Studies, and Reports submitted as part of a complete Planning Act Application: • Environmental Impact Study 1000 New Dundee Rd, Kitchener. August 2, 2022. GeoProcess Research Associates Inc. • 1000 New Dundee Road, Functional Servicing and Stormwater Management Report. August 4, 2022. MTE Consultants Inc. • 1000 New Dundee Road Subdivision, Hydrogeological Assessment Report. July 28, 2022. MTE Consultants Inc. • Planning Justification Report, Zoning By-law Amendment and Draft Plan of Subdivision. August 2022. Glen Schnarr & Associates Inc. (GSAI). 2. Site Specific Comments & Issues: I have reviewed the studies as noted above to support an amendment to the Zoning By-law (ZBA), Draft Approval of a Plan of Subdivision, and concurrent Site Plan Application (SPA) for a cluster townhouse development for the property located at 1000 New Dundee Rd and provide the following general comments and specific remarks requiring further information: a) The subject property is approximately 10 ha in size with Blair Creek, Roseville Swamp Cedar Creek (recognized provincially significant wetland, PSW). Regulatory Floodplain, and woodlands occupying the northern extent of the subject property, and agricultural lands occupying the southern portion of the property b) The proposed Plan of Subdivision will create two blocks. The proposed site plan for Block 1 will occupy an approximate area of 4.53 ha and contains 36, 3 -storey traditional townhouse units, 27, 3 -storey rear lane townhouse units and 64, 2 -storey traditional townhouse units. There will be 254 parking spaces provided and 21 visitor spaces. A 1,756 mZ park land, 1,256 mZ amenity area and SWM facility are also proposed. Block 2 will contain Blair Creek, associated wetlands and a buffer and is proposed to be zoned Natural Heritage Conservation and dedicated to the City of Kitchener. Page 247 of 350 Tree Inventory c) The tree survey (within the proposed developable portion) included an inventory of 95 trees. Twenty-one different tree species were recorded with DBH ranging from 10-60 cm. The species observed were considered common and secure within Ontario. d) No SAR tree species were observed during the tree inventory. e) It was determined that 69 trees will be retained and a total of 26 trees have been proposed for removal. f) The tree survey recommended removal of public owned trees (Tree 3, 4, 8, 80, 93) and boundary trees that are in joint ownership (Tree 79, 81). g) The subdivider will need to provide conformation that they have permission to remove the public and joint ownership trees to proceed as recommended. Buffers & Enhancement Planting h) A 30 m vegetation protection zone (VPZ) has been proposed to separate the PSW from the development. This will provide a vegetated structural barrier that will help to discourage encroachment and reduce yard waste dumping into the PSW. It will also increase the overall width of the NHS around the development and provide additional wildlife habitat functions. i) Native Plant Seed Collection and/or plant material should be considered for this development specifically for the Buffer Enhancements. One option is Kayanase (www.kayanase.ca) who is an ecological restoration and native plant and seed non-profit organization, dedicated to improving the health of Mother Earth using science -based approaches and Traditional Ecological knowledge that has been recognized by the Six Nations of the Grand River community, Six Nations Elected Council, and the Confederacy Council. j) A Buffer Enhancement Planting Plan will be required as a component of the EIS. k) Fencing is proposed along the development edge of the VPZ combined with plantings designed to reduce human access to the PSW has been recommended. Plantings should include thorny species and plants that form dense growth. 1) Exclusionary fencing to prevent wildlife from entering the construction site is recommended. Where required, redirect wildlife to areas where they can avoid the potential for incidental take, and still have access to habitats. Exclusionary fencing should be monitored daily throughout construction. Perform wildlife rescue and relocation efforts (as required). m) The EIS will need to be updated to provide fencing details and location. Environmental Impact Study n) It has also been recommended that an education stewardship pamphlet be provided to the homeowners which will outline information on the beneficial actions they can follow to help protect and enhance the natural areas adjacent to the development. o) A copy of the Environmental Stewardship Brochure will be required as an appendix to the EIS. p) A "during -development" environmental monitoring program that will include three phases: "pre - construction", "during -construction" and "post -construction should be developed, submitted and approved as part of the Environmental Impact Study. Lands to be Conveyed (Block 2 on the Draft Plan of Subdivision) q) The buffer and natural heritage conservation lands will be dedicated to the city. r) A hazard tree assessment will be required prior to Block 2 being conveyed to the City. The hazard tree assessment can be scoped, further discussion with staff is recommended. Any A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 248 of 350 recommendations and/or removals outlined in the assessment must be completed prior to the City's acceptance of the lands. s) The City will require an easement through Block 1 to assess Block 2. t) The Stormwater Management infrastructure (headwall) will need to be relocated so that its solely on Block 1 not on the lands to be conveyed to the City. Species at Risk (SAR) u) The SAR species and candidate Significant Wildlife Habitat (SWH) are in the PSW which is to be protected with a 30 m VPZ and fenced from the residential development. Water Balance v) A water balance and erosion threshold analysis has been provided to provide an assessment of groundwater inputs, thermal regulation, and long-term channel stability. w) For the portion of the site draining towards the wetland, surface water runoff volumes are expected to be matched post development (747 m3 pre and 778 m3 post). However, the timing of when that water is being directed towards the wetland on an annual basis is variable (MTE, 2022). x) There will be a reduction in the volume of water being discharged into the wetland in the early spring, with higher volumes during the growing season (May to September). This redistribution of surface flow contributions to the wetland is considered beneficial as water losses are occurring when there is a surplus of water and before the growing season has started. The majority of this water would not be used by the wetland and is quickly conveyed by Blair Creek to the Grand River. The increase in surface flow during the growing season will provide water when wetland vegetation and wildlife can take advantage of it. This is particularly important during drier growing seasons. Stormwater Management j) The stormwater controls for the development use a treatment train approach, meaning it employs multiple treatment systems (in a consecutive order) to manage stormwater flows. The advantage of this approach is it provides greater flexibility and opportunities to discharge water into the natural environment in a manner that more closely mimics 'natural' conditions. k) Of particular importance for this development is providing water to the wetland in a distributive form across the landscape. This offers opportunities forgroundwater recharge, which is important for thermal mitigation to Blair Creek and controlling/reducing the volume of surface water discharged to the environment by maximizing groundwater infiltration. 1) The treatment of stormwater will be managed through a series of infiltration galleries that are located throughout the site. These infiltration galleries will be sized to manage frequent storm events up to the 25 mm storm. This will result in no surface discharge from the site under events less than 25 mm. Larger events will be directed to a wet pond, which will discharge to an infiltration gallery, with excess water discharged north to the wetland complex as dispersed surface flow. It is understood that all runoff generated on the roadway will be conveyed to an oil - grit separator, followed by a wet pond, end -of -pipe infiltration gallery, and into Blair Creek. The purpose of this approach is to remove appropriate levels of total soluble solids (TSS) prior to entering the system. m) The on-site storm sewers will be sized to convey the flows generated by the 5 -year design storm event. The runoff collected in the storm sewers will be directed to an OGS unit located at the east side of the Site, and then on to a stormwater management facility, followed by an end -of -pipe infiltration gallery. The runoff generated on the Site will ultimately discharge to Upper Blair Creek at the northeast corner of the Site. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 249 of 350 It is understood that the stormwater management and water balance proposed by MTE (2022) is preliminary in nature and will be refined at the detailed design stage of the project. The detailed design will include additional details specific to the stormwater management strategy, recommendations for facility operation, and requirements for maintenance. Erosion Assessment n) An erosion assessment was completed to determine if the proposed stormwater strategy effectively mitigated erosion impacts to the downstream reaches of Blair Creek (MTE, 2022). o) Using the previously established unitary erosion control release rates and assessment framework developed in the Upper Blair Creek Functional Drainage Study, storm flows generated from the site were input to a model developed for Blair Creek that includes hydromodification from other development sites in the area, allowing for consideration of cumulative influence on Blair Creek. p) The model estimated flows for a 39 -year continuous period and compared the exceedance time of a previously established erosion threshold discharge immediately downstream of the subject property. q) The results indicated that the erosion threshold exceedance time was not increased under the proposed conditions scenario, suggesting that the proposed stormwater strategy effectively mitigates the downstream erosion impacts to Blair Creek. Thermal Mitigation r) The proposed SWM design incorporates a distributive groundwater recharge approach which should maintain and even enhance the existing shallow groundwater flow to the wetland and Blair Creek. s) The SWM design is also intended to help mitigate thermal impacts to Blair Creek as the frequent storm events are all directed to the infiltration galleries and not discharge directly into the creek. It is anticipated these measures will help to maintain the hydrology of the PSW, maintain the thermal regime of Blair Creek and reduce downstream erosion risks. As the frequent storm events have the greatest potential to impact thermal loading to Blair Creek, by directing them to the swallow groundwater table and ultimately having it reach Blair Creek as groundwater inputs, long term thermal impacts are not anticipated. t) The Hydrogeological Assessment Report demonstrates a sufficient regard for matters related to potential groundwater issues, such as, but not limited to, seasonal groundwater level fluctuations, infiltration impacts, source water supply issues, groundwater mounding, and short-term construction dewatering. Based on the estimated average linear groundwater velocity (0.4m/day) predicted travel times to Blair Creek, located approximately 85m north of the northern most edge of development, will achieve greater than six-month (180 -day) travel time and therefore temperature impacts to Blair Creek are not anticipated. 3. Proposed Plan of Subdivision and Zoning By Law Amendment: Based on my review of the supporting studies the Plan of Subdivision (dated September 16, 2022) and corresponding Zoning By Law Amendments (MAP NO. 1 dated September 16, 2022) can be supported subject to the following Draft Plan of Subdivision conditions... conditions may be amended subject to further discussion with agencies, staff and the applicant: Prior to Area Grading or Servici A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 250 of 350 1) The SUBDIVIDER agrees to submit an Environmental Impact Study, and to obtain approval from the CITY'S Director, Planning in consultation with the CITY'S Director, Parks and Cemeteries, Region of Waterloo, and the Grand River Conservation Authority. 2) In consideration of the wooded character of the subdivision lands and the CITY'S desire to minimize the impact of development on the treed areas worth retaining, the SUBDIVIDER agrees to submit a Detailed Vegetation Plan including stewardship initiatives, suitable silt and vegetation protection measures to be erected along the outer edge of the wetland buffer area (boundary of Block 2) in consultation with the Grand River Conservation Authority, as required by the Tree Management Policy, and to obtain approval from the CITY'S Director, Planning in consultation with the CITY'S Director, Parks and Cemeteries. a) The SUBDIVIDER shall provide a digital copy of the approved Detailed Vegetation Plan including grading to the CITY'S Director of Planning. b) The SUBDIVIDER agrees to implement all approved measures including temporary vegetation protection fencing for the protection of isolated trees, tree clusters and woodlands as approved in the Detailed Vegetation Plan including and to provide written certification from the SUBDIVIDER's Environmental Consultant to the CITY's Director of Planning that all protection measures have been implemented and inspected, in accordance with the CITY's Tree Management Policy. 3) The SUBDIVIDER agrees to prepare and implement the Buffer Enhancement Planting Plan, on Figure XXX of the Environmental Impact Study (GeoProcess Research Associates Inc., dated XXXXX and approved XXXXX), for the section of land between the provincially significant wetland and development to be approved by the CITY'S Director of Planning in consultation with the CITY'S Director, Parks and Cemeteries. The Buffer Enhancement Planting Plan shall identify opportunities for enhancements and plantings of native plant species, with the objective to convert the agricultural field into a wet meadow marsh and meadow community and provide a vegetated structural barrier that will help to discourage encroachment and reduce yard waste dumping into the wetland. Where the implementation of the Buffer Enhancement Planting Plan cannot be completed prior to area grading, the SUBDIVIDER shall provide a Letter of Credit based on 100% of the estimated cost of all works, prior to Site Plan Approval, to the satisfaction of the CITY'S Director of Planning in consultation with the CITY'S Director, Parks and Cemeteries. The Letter of Credit shall be based on an approved Cost Estimate of all works required to implement the Buffer Enhancement Planting Plan. The letter of credit will be reduced once the City is in receipt of confirmation from the SUBDIVIDER's Landscape Architect that all applicable works, as outlined in the approved Cost Estimate, are completed. 4) The SUBDIVIDER agrees to prepare and implement a detailed "during -development" monitoring program and will include three phases: "pre -construction", "during -construction" and "post - construction", in accordance with the Upper Blair Creek (Kitchener) Functional Drainage Study. 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 General Manager, Infrastructure Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 251 of 350 a) The "pre -construction" monitoring program will document current conditions, including surface water and hydrogeological conditions, and be used as baseline information to compare conditions through the "during" and "post" construction monitoring periods. The pre - construction program is to be approved by the CITY'S Director of Engineering Services in consultation with the CITY'S Director of Planning, the General Manager, Infrastructure Services, the Grand River Conservation Authority, and the Regional Municipality of Waterloo. b) The SUBDIVIDER agrees to submit, obtain approval of and implement a detailed "during - construction" monitoring and response program. The during -construction program is to be approved by the CITY'S Director of Engineering Services in consultation with the CITY'S Director of Planning, the General Manager, Infrastructure Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the "during -construction" monitoring program is to ensure the stormwater management system/facility satisfies the design criteria specified in the Upper Blair Creek (Kitchener) Functional Drainage Study (UBCFDS) and to ensure water temperature, erosion, stream channel erosion, sedimentation and siltation control measures and groundwater mounding are maintained and function as approved. The during -construction monitoring and response program shall also monitor impacts to Environmentally Sensitive Policy Area 39 and other significant vegetation on the property. The "during -construction" monitoring and response program is to remain in place until 90% of the pond catchment area is stabilized (buildings are constructed and lots/blocks are sodded or vegetated) to the satisfaction of the CITY's Director of Engineering Services. The SUBDIVIDER further agrees to implement any remedial action deemed necessary 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 Grand River Conservation Authority. c) The SUBDIVIDER agrees to submit, obtain approval of, and implement a detailed "post - construction" monitoring program. The post -construction program is to be approved by the CITY'S Director of Engineering Services in consultation with the Director of Planning, the General Manager, Infrastructure Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the "post -construction" monitoring program is to ensure that the stormwater management system/ facility continues to satisfy the design criteria specified in the Upper Blair Creek (Kitchener) Functional Drainage Study (UBCFDS) and to identify any specific additional monitoring and maintenance requirements that may be necessary, including but not limited to water temperature, erosion, stream channel erosion, sedimentation and siltation control measures and groundwater mounding. The post - construction monitoring and response program shall also monitor impacts to Environmentally Sensitive Policy Area 39 and other significant vegetation on the property. The post -construction monitoring program shall extend for a two-year period after 90% of the pond catchment area is stabilized (buildings are constructed and lots/blocks are sodded or vegetated) to the satisfaction of the CITY'S Director of Engineering Services and coincide with the maintenance guarantee period required in the CITY's Standard Form Residential Subdivision Agreement. The SUBDIVIDER further agrees to implement any remedial action deemed necessary 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 Grand River Conservation Authority. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 252 of 350 5) The SUBDIVIDER agrees that prior to grading and servicing the approved stormwater management facilities will be constructed, vegetated, and operational to the satisfaction of the CITY's Director of Engineering Services in consultation with the Director, Parks and Cemeteries and the Grand River Conservation Authority. Prior to the issuance of Buildine Permits 6) The SUBDIVIDER agrees to install permanent, maintenance free fencing along the northern boundary of Block 1 as indicated by the permanent fencing designated on Figure XXXX of the Environmental Impact Study (GeoProcess Research Associates Inc., dated XXXX and approved XXXX), to the satisfaction of the CITY's Director of Planning in consultation with the Director, Parks and Cemeteries, the Grand River Conservation Authority and the Regional Municipality of Waterloo. 7) The SUBDIVIDER agrees to implement all the recommendations of the Environmental Impact Study (GeoProcess Research Associates Inc., dated XXXX and approved XXXXX) for a period of no less than 5 years from the date of draft plan approval to the satisfaction of the City's Director of Planning. 8) That the SUBDIVIDER enters into an agreement with the City to distribute to all purchasers of lots within the subdivision the publication Listing of Trees -Shrubs Native to the Region of Waterloo and Invasive Alien Species (Region of Waterloo, 1993) along with an Environmental Stewardship Brochure as per Appendix XXXXX of the Environmental Impact Study (GeoProcess Research Associates Inc., dated XXXX and approved XXXX). Prior to final approval of the plan to be reeistered, the SUBDIVIDER shall fulfill the followine conditions: 9) The SUBDIVIDER agrees that if servicing or grading has not commenced prior to final approval of the plan, a Detailed Vegetation Plan is to be submitted for approval by the CITY'S Director of Planning. The Detailed Vegetation Plan shall also show approved grading. The SUBDIVIDER agrees to implement all of the measures identified in the approved Detailed Vegetation Plan including delivering all information contained in the approved Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are carried out as specified. 10) The SUBDIVIDER agrees to include a warning clause that no access will be granted onto or through Block 2 in the future (i.e no school walkways or trails) 4) Conditions of Approval in Principal (AIP) and/or Full Site Plan Approval: a) The Subdivision Agreement has been registered. b) The proposed development is in accordance with the approved EIS. 5) Policies, Standards and Resources: • KOP 7.C.2.23. Development, redevelopment or site alteration will only be permitted on lands adjacent to the Natural Heritage Conservation features where an Environmental Impact Study or other appropriate study has determined to the satisfaction of the City, Region, Grand River Conservation Authority and/or Province, as appropriate, that approval of the proposed development, redevelopment or site alteration would not result in adverse environmental impacts on the natural heritage feature or the ecological functions of the feature. • KOP 7.C.2.28. Development, redevelopment, and/or site alteration will not be permitted on lands adjacent to Significant Wildlife Habitat unless it is demonstrated through an Environmental Impact A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 253 of 350 Study or other appropriate study to the satisfaction of the City, Region, Grand River Conservation Authority and/or Province, as appropriate, that there will be no adverse environmental impacts on the natural heritage feature or the ecological functions of the feature. • KOP 7.C.2.52. Any required Environmental Impact Study will be completed in accordance with the Environmental Impact Studies Policies in Section 17.E.11. • KOP 7.C.2.53. An Official Plan Amendment will not be required for consideration of a Zoning By-law Amendment to change the legal use of land on all, or part of adjacent lands provided it conforms to the policies of the abutting Official Plan land use designation and is supported by the required Environmental Impact Study as set out in the Environmental Impact Studies Policies in Section 17.E.11. • KOP 7.C.2.58. Notwithstanding Policy 7.C.2.57, where feasible, the City will consider acquiring land to protect and improve the Natural Heritage System. • As per Section 8.C.2 — Urban Forests of the Kitchener Official Plan ... o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), as a condition of a development application. o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual and the Development Manual. Guiding documents with respect to the natural heritage features and functions on or near the property are as follows: • Kitchener Natural Heritage System Technical Background Report. June 2014. City of Kitchener. o https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD PLAN Natural Herita ge Systems Background Report.pdf • Tree Management Policy. Rev. Nov. 2001. City of Kitchener. o https://www.kitchener.ca/en/resourcesGeneral/Documents/INS OPS Treemanagemen tpolicy.pdf • Grand River Conservation Authority— Policies and Guidelines o https://www.grandriver.ca/en/Planning-Development/Policies-and-guidelines.asnx • Region of Waterloo Official Plan: Chapter 7 -The Greenlands Network o https://www.regionofwaterloo.ca/en/resources/Regional-Official-Plan/10 - Chaoter 7 Consolidated ROP 2015-access.odf • Blair Creek Subwatershed plan was completed in 1997 and updated in 2010. o 2020 State of the Watershed Report for Upper Blair Creek o Cumulative Effects Monitorine - Blair Creek Case Stud 6) Anticipated Fees: • unknown A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 254 of 350 r� March 30, 2023 MTE Consultants Inc. Lynn Ingram 520 Bingemans Centre Drive Kitchener, ON N2B 3X9 Dear Ms. Ingram Re: 1000 New Dundee Road, ZBA22/021/N/KA Functional Servicing and Stormwater Management Report City of Kitchener Comments ENGINEERING SERVICES Niall Melanson, C.E.T. Project Manager 200 King St. W. — 9t" Floor Kitchener, ON N2G 4G7 Phone: (519) 741-2200 ext. 7133 niall.melanson@kitchener.ca Please be advised that the City of Kitchener Engineering Division and Kitchener Utilities have reviewed the Functional Servicing and Stormwater Management Report (March 2, 2023) for the proposed Zoning Bylaw Amendment at 1000 New Dundee Road and generally support the approach. Sanitary Servicing 1) It would be the City's preference that the 300mm diameter sewer along New Dundee Road be run at a minimum of 0.5%. 2) Please note that the sanitary sewer extension along New Dundee Road will be privately funded and not eligible for DC funding. 3) Further evaluation of alternative sanitary outlets should be reviewed. Water Servicing: Comments provided by Angela Mick 4) Kitchener Utilities has no concerns. Stormwater Management: 5) The stormwater management design approach will be reviewed during detailed design. Further submissions will not be required at this time. Sincerely, Niall Melanson, C.E.T. Project Manager Qacge 255 of 350 SAGeneral\03-06-002 Site Plan Files\Site Plans\1000 New Dundee Road\ZBA22 021 N KA\1st Submission\448 New Dundee Road - FSSWM ep Comments.docx From: Niall Melanson Sent: Monday, May 1, 2023 1:35 PM To: Katie Anderl Cc: Lynn Ingram; Ken Hanes; Angela Mick Subject: FW: 1000 New Dundee Road, ZBA22/021/N/KA Good afternoon Katie Engineering and Kitchener Utilities can now provide our clearance for the ZBA application. Thanks Niall Melanson, C.E.T. Project Manager, Development Engineering, City of Kitchener niall.melanson(@kitchener.ca, 519-741-2200 x 7133 200 King St. W., Kitchener, ON N2G 4GX From: Lynn Ingram <Llneram@mte85.com> Sent: Wednesday, April 26, 2023 11:34 AM To: Niall Melanson <Niall.Melanson@kitchener.ca> Cc: Angela Mick <Angela.Mick@kitchener.ca>; Katie Anderl <Katie.Anderl@kitchener.ca>; Ken Hanes <KHanes@mte85.com> Subject: RE: 1000 New Dundee Road, ZBA22/021/N/KA Hi Niall, Please find the attached response letter to your comments. Please let me know if any further concerns. Thanks. Lynn Lynn Ingram, P.Eng. Manager, Site Development Division MTE Consultants Inc. T:519 -743-6500x1381 Lingram(c)mte85.com 520 Bingemans Centre Drive, Kitchener, Ontario N213 3X9 www.mte85.com Twitter Linkedln Instagram Facebook Notice: The electronic information provided is confidential and privileged, and may not be used for purposes other than work related to the subject project. Redistribution or copies to others made without written permission from MTE Consultants Inc. is strictly prohibited. MTE assumes no liability or responsibility, and makes no guarantee or warranty with respect to the data contained, either expressed or implied. From: Niall Melanson <Niall.Melanson@kitchener.ca> Sent: Thursday, March 30, 2023 12:32 PM To: Lynn Ingram <Lingram@mte85.com> Cc: Angela Mick <Angela.Mick@kitchener.ca>; Katie Anderl <Katie.Anderl@kitchener.ca> Subject: 1000 New Dundee Road, ZBA22/021/N/KA Good afternoon Lynn Page 256 of 350 Please find attached Engineering & KU comments related to the ZBA submission at 1000 New Dundee Road. I am happy to discuss alternative sanitary routes if you would like. Thanks Niall Melanson, C.E.T. Project Manager, Development Engineering, City of Kitchener niall.melanson@kitchener.ca, 519-741-2200 x 7133 200 King St. W., Kitchener, ON N2G 4GX Page 257 of 350 March 20, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca via email 30T-22202 - 1 000 New Dundee Road Katie Anderl, MCIP, RPP, Senior Planner DSD - Planning Division Kitchener City Hall, 6t" Floor 200 King Street West, P.O. Box 1118 Kitchener, ON N2G 4G7s Dear Ms. Anderl, Re: SP22/134/N/KA, ZBA22/021/N/KA & 30T-22202 - Second Submission 1000 New Dundee Road, Kitchener Cachet Developments (New Dundee) Inc. Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application develop to the lands as a Common Elements Condominium townhouse development with private amenity space and a private stormwater management pond. Recommendation Based on our review of the materials submitted with this application, the GRCA has no objection to the proposed zoning by-law amendment and recommends draft plan approval, subject to the conditions detailed below. The GRCA is not in a position to support approval of the site plan application at this time. The GRCA has comments that should be addressed prior to site plan approval. Please see below for our detailed comments. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application, received by GRCA staff March 6, 2023: • Comment response matrix, dated March 3, 2023. • Draft Plan of Subdivision, prepared by Glen Schnarr & Associates Inc. (GSAI), dated March 3, 2023 • Site Plan, prepared by Hunt Design Associated Inc., dated March 3, 2023. • Environmental Impact Study 1000 New Dundee Rd, Kitchener, prepared by GeoProcess Research Associates Inc., dated February 10, 2023. • 1000 New Dundee Road Subdivision Functional Servicing and Stormwater Management Report, prepared by MTE Consultants, revised March 2, 2023. • Planning Justification Report, prepared by GSAI, dated August 2022. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (O.R. 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a regulatory authority under Ontario Regulation 150/06 and as a public body under the Planning Act as per our CA Board approved policies. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Page 258 of 350 The GRCA has no objection to approval of the zoning by-law amendment. The GRCA has no objection to draft plan approval subject to the following conditions: 1) 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 final stormwater management report in accordance with the 2003 Ministry of the Environment Report entitled "Stormwater Management Planning and Design Manual" and in keeping with the 1000 New Dundee Road Functional Servicing and Stormwater Management Report (dated March 2, 2023, prepared by MTE Consultants Inc). b) Final Lot Grading, Servicing, and Storm Drainage Plans. c) A final erosion and sediment control plan in accordance with the Grand River Conservation Authority's Guidelines for erosion and sediment control, indicating the means whereby erosion will be minimized and sediment maintained on-site throughout all phases of grading and construction. d) The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit from the GRCA prior to any grading or construction in the regulated area. We trust that the municipality will ensure the Subdivider's Agreement between the owners and the municipality contain provisions for the completion and maintenance of the works in accordance with the approved plans and reports noted in Condition 1) above. Prior to Site Plan Approval and in support of final design and the clearance of draft plan conditions, the following comments are to be addressed to the satisfaction of the GRCA. Final calculations are needed to clearly demonstrate that lot and grading plans are adequate for the purpose of the control of flooding and erosion, and that there will be no adverse hydrologic impact on adjacent wetland or watercourse features. Final detailed plans are needed to demonstrate that there will be no encroachment into the recommended 30 meter wetland buffer zone. 1. Please provide a table summarizing the catchment characteristics and hydrologic parameters used. 2. Please provide sizing details and calculations for the infiltration galleries in accordance with the MOE SWM Design Guidelines (2003). 3. Please provide a monthly water balance (including precipitation, evapotranspiration, runoff, recharge) for the wetland comparing existing and proposed conditions. Comments 1 and 2 above must be addressed in order to the GRCA to review the revised water balance. 4. Please provide cross-sections for the SWM facility and infiltration trenches proposed, complete with outlet details, stabilization notes, riprap, etc. A figure should be provided with the seasonally high groundwater contours overlayed on the proposed conditions to compare infiltration gallery inverts vs. groundwater elevations. 5. According to the SWM report, "an outlet control structure downstream of the wet pond" is proposed. The plans should be revised to show the location of this structure. Please confirm that this structure will be situated outside the 30 meter wetland buffer zone. 6. The location of the associated end -of -pipe infiltration gallery not shown. Please confirm that this structure will avoid the 30 meter wetland buffer zone. 7. The GRCA understands that groundwater contours on EC1.1 represented Seasonal High groundwater elevations and that ongoing groundwater monitoring is being Page 259 of 350 completed by MTE. Please update seasonal high groundwater contours at detailed design, if required. 8. Please overlay seasonally high groundwater contours over a plan showing the inverts of the infiltration trenches. 9. Please complete the recommended Groundwater Mounding Analysis and Construction Dewatering Impact Analysis recommended in the Hydrogeological Assessment. 10. Please conduct in-situ infiltration tests to confirm infiltration rates for the proposed infiltration facilities as recommended in the Hydrogeological Assessment. 11. The EIS report provides a brief discussion of the proposed stormwater management plan for this site. The water balance discussion is also very concise. Infiltration volumes are expected to increase by approximately 127%. The impact of groundwater mounding within the wetland is a concern. We also note that surface runoff toward the wetland is expected to decrease between February and April but is expected to increase between May and October. A revised EIS will be required to confirm that the final stormwater management plan will not result in an adverse impact to the form or function of the wetland or Blair Creek. The current site plan identifies a "new wetland limit" and a "new 30 m wetland limit". We presume the current site plan illustrates the wetland limit as verified by the GRCA on May 27, 2022 and the 30 m wetland buffer limit. Please ensure that detailed site, grading, and erosion and sediment control plans are labelled more accurately. 12. It is requested that the final pre- and post -development stormwater volumes being directed to the wetland and Blair Creek be presented and discussed in an EIS addendum. Anticipated hydrologic impacts on the form and function of adjacent wetland communities and Blair Creek must also be considered and summarized to the extent possible. A statement of actual or potential hydrologic impacts on the adjacent wetland and watercourse is requested, in accordance with GRCA policy. Please note that our review of the final stormwater management strategy and the results of the final water balance may impact lot configurations and sizing. The GRCA acknowledges receipt of the subdivision fee for this application of $8,044.95. For municipal consideration Please be advised that on January 1, 2023, a new Minister's regulation (Ontario Regulation 596/22: Prescribed Acts — Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the Conservation Authorities Act) came into effect. As a result, non -mandatory technical review services that the GRCA formerly provided under agreement with municipalities (e.g., technical reviews related to natural heritage and select aspects of stormwater management) will no longer be provided beyond a transition period. To assist our municipalities, we will continue to provide our advisory services for up to 6 months (July 1, 2023) for files under review prior to January 1, 2023 to minimize disruptions to approval processes. On this basis, we offer the following for municipal consideration: 13. Section 6.1.1 of the EIS states: "There will be a reduction in the volume of water being discharged into the wetland in the early spring, with higher volumes during the growing season (May to September). This redistribution of surface flow contributions to the wetland is considered beneficial as water losses are occurring when there is a surplus of water and before the growing season has started. The majority of this water would not be used by the wetland and is quickly conveyed by Blair Creek to the Grand River." Does this imply that surplus surface water runoff will also be conveyed quickly toward Blair Creek and if so how will this affect surface water temperatures? Page 260 of 350 14. Increased surface water depths and prolonged inundation or flooding within treed sections of the wetland could cause tree dieback, reduced shading, and a reduction in allochthonous inputs. The close relationship between the wetland and creek should be factored into to the monitoring plan for this site. 15. The proposed monitoring plan is not entirely consistent with the recommendations of the Functional Drainage Study. Fish and benthic invertebrate sampling was recommended by the FDS. Typically, adjacent wetland areas as well as the 30 m buffer zone/VPZ are monitored using a fixed -plot method. Species richness, % exotic species, and calculation of an overall Floristic Quality Index (FQI) score for each wetland vegetation sampling plot is recommended. Should you have any questions, please contact the undersigned at Chris Foster -Pengelly 519- 621-2763 ext. 2319 or cfosterpengelly@grandriver.ca. Sincerely, Chris Foster-Peni4y, M.Sc. Assistant Supervisor of Resource Planning, Engineering and Planning Services Copy: Hatim Jafferjee, Cachet Development (New Dundee) Inc., owner (via email) Jessie Ha Kong, Cachet Development (New Dundee) Inc., owner (via email) Mark Condello, Glen Schnarr & Associates Inc., applicant (via email) Page 261 of 350 City of Kitchener Site Plan / Zone Change / Subdivision Comment Form Address: 1000 New Dundee Road Owner: Cachet Homes Application: ZBA22/021/N/KA; 30T-22202; SP22/134/N/KA March 2023 resubmission Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: March 20 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the revised documentation submitted in support of a Draft Plan of Subdivision and an amendment to the Zoning By-law (ZBA) for the property located at 1000 New Dundee Road. Together with the ZBA and Subdivision, the applicant has also applied for Site Plan Approval (SP) for a cluster townhouse development. 2. Site Specific Comments & Issues: Parks and Cemeteries can provide support of the proposed ZBA22/021/N/KA and 30T-22202 Parkland Dedication 1 The City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy have recently been updated and new parkland dedication criteria, rates and land values have been approved by Council on August 22, 2022. The Bylaw is under appeal. 2 The site is within the Doon South Planning Community and through Places and Spaces — An Open Space Strategy for Kitchener, this community has been identified as underserved with active neighbourhood park space with only 4.1m2 / person available within the community. A rating of "High" has been assigned to this Planning Community and it is recommended that physical land dedication be pursued through Planning applications to address the shortfall in planned park space within the community. As there is no suitable on-site land for active park space, an option for off-site dedication of land is possible with the balance being provided as cash in lieu. Off-site lands will be valued at the same rate as the development site. Off-site lands should generally be within 500m of the proposed development and meet the requirements as identified in Municipal Code Chapter 273.1.4.1, and Development Manual Section L and under the Park Dedication Policy, Section 5 Since this application was deemed complete, the Province has introduced new legislation — Bill 23/ More Homes Built Faster Act - that impacts Parkland Dedication. A City for Everyone Working Together — Growing Thoughtfully — Building Community Paaw g"Al of 350 City of Kitchener Site Plan / Zone Change / Subdivision Comment Form The cash -in -lieu parkland dedication is calculated for the 4.49ha site (developable area) using 5% land dedication rate and the $3,830,000 per hectare Residential — Medium (<2 FSI) land valuation class is $859,535. Calculation: 4.49ha x 0.05 x $3,830,000 = $859,535 127 units/1000 units x $3,830,000 = $486,410 Bill 23/ More Homes Built Faster Act cap of $1,719,670 is not reached .3 Further discussions are required with Parks and Cemeteries staff if suitable off-site land for parkland dedication is available. .4 Parkland Dedication is required to be satisfied prior to Final Site Plan approval. 3 Natural Lands and Buffers 1 It is understood that the Natural Lands and associated buffer as identified as Block 2 on proposed draft plan will be conveyed to the City of Kitchener prior to Registration of the Subdivision .2 Prior to Registration and conveyance of the Natural Lands to the City the requirements of the Tree Management Policy Section 3.3.16 Treatment of Lands to be Conveyed, should be satisfied. Because of the restricted access to the Natural Lands the extent of hazard removals may be scoped in consultation with CITY'S Director, Planning in consultation with the CITY'S Director, Parks and Cemeteries. .3 Permanent 1.5m chain link and wildlife exclusion fencing will be required along the boundary between Block 1 and Block 2 and located 150mm from the property line on private lands. .4 City access to the Block 2/Natural Lands through Block 1 from New Dundee Road will be required and secured by means of a permanent easement to be registered on title as a condition of final site plan approval. .5 The required access easement should be a path of travel approximately 1.5m in width and graded to accommodate maintenance personnel only; vehicular access is not required. Hard surfacing is not required along the length of the easement only an unobstructed path of travel. A single gate capable of being locked should be provided in the boundary fencing at the access point. The preliminary location, grading of the required access appears suitable and will be confirmed at the Site Plan application. 4 Environmental Impact Study — including Appendix A: Tree Protection Plan pdf pg 63-73 .1 The report and map identify numerous trees within Block 1 along the New Dundee Road right of way that require removal to facilitate the proposed development. New Dundee Road is a regional road and Parks and Cemeteries will defer comments regarding these trees to City Environmental Planning and the Region of Waterloo. 2 The Report recommends a 30m vegetation protection zone and a Buffer Enhancement Planting Plan will be required and should be included in the updated EIS. This plan should A City for Everyone Working Together — Growing Thoughtfully — Building Community Paaw g -_-29i of 350 City of Kitchener Site Plan / Zone Change / Subdivision Comment Form include: Details of fencing/gates, signage; Native species as per the EIS in consultation with GRCA and City Environmental Planning .3 A cost estimate for the required buffer enhancement plantings and associated fencing and demarcation will be required prior to Registration, any grading /surface works or Final Site Plan approval .4 The approved Buffer Enhancement Planting Plan and associated fencing and demarcation should be implemented prior to Registration, any surface works or Final Site Plan approval .5 Should implementation of the approved Buffer Enhancement Planting Plan and associated fencing and demarcation not be possible prior to Registration, any grading / surface works or Final Site Plan approval. Securities for 100% of the approved cost estimate will be required to be held until final acceptance by the City at a minimum of 3 years following initial acceptance. .6 In -field placement of the proposed buffer enhancement plantings should accommodate the access path. 7 Functional Servicing and Stormwater Report — Existing Conditions, Functional Grading and Functional Servicing. 1 The preliminary access path of approximately 1.5m in width is required through Block 1/ Development site to the Natural Lands appears acceptable detailed design to be confirmed at site plan 8 Proposed Site Plan 1 the conceptual access path will include an easement from New Dundee Road to the Natural Lands to be implemented as a condition of final sit plan approval. 3. Policies, Standards and Resources: • Kitchener Official Plan As per Section 8.C.2 — Urban Forests of the Official Plan ... o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), as a condition of a development application. o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the Development Manual. o Please see UDM Part C, Section 13 and www.kitchener.ca/treemanagement for detailed submission requirements • City of Kitchener Park Dedication Bylaw 2022-101 and Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law A City for Everyone Working Together — Growing Thoughtfully — Building Community aw of 350 City of Kitchener Site Plan / Zone Change / Subdivision Comment Form • Parks Strategic Plan • Multi -Use Pathways & Trails Masterplan • Urban Design Manual 4. Anticipated Fees: Parkland Dedication The parkland dedication requirement for 30T-22202 and SP22/134/N/KA is required as a combination of cash -in -lieu and land. Off-site lands will be valued at the same rate as the development site. The cash -in -lieu parkland dedication is calculated for the 4.49ha site (developable area) using the 5% land valuation and the $3,830,000 per hectare Residential — Medium (<2 FSI) land valuation class. Calculation: 4.49 ha x $3,830,000 x 0.05 = $859,535 Bill 23/ More Homes Built Faster Act rates and caps applied A City for Everyone Working Together — Growing Thoughtfully — Building Community PM8 of 350 City of Kitchener Zoning By-law Amendment & D.P. of Subdivision Comment Form Project Address: 1000 New Dundee Road File Number: ZBA22/021/N/KA & 30T-22202 Comments Of: Transportation Services Commenter's Name: Steve Ryder Email: steven.ryder@kitchener.ca Phone: (519) 7412200 x 7152 Date of Comments: March 16, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑ I do NOT plan to attend the meeting (no concerns) 1. Recommendation of Commenting Division: Zoning By-law Amendment comments: • Transportation Services does not have any concerns with the proposed Zoning By-law Amendment to re -zone both proposed Blockl and Block 2 of the proposed subdivision plan. Plan of Subdivision comments: • Given that the proposed subdivision would not include any roadway/transportation features, Transportation Services does not have any concerns with the proposed Plan of Subdivision. 2. Conditions of Site Plan Approval in Principle: • N/A 3. Conditions of the S. 41 Development Agreement: ❑ Traffic Control Signs (2e) ❑ Special Condition(s): A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 266 of 350 4. Policies. Standards and Resources: o N/A: 5. Anticiaated Fees: o N/A A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 267 of 350 Katie Anderl From: Jessica Vieira Sent: Thursday, October 27, 2022 1:56 PM To: Katie Anderl Subject: 1000 New Dundee Road - Heritage Comments Hi Katie, 1000 New Dundee Road does not possess any heritage status itself. The subject property is adjacent to the Dodge Drive Cultural Heritage Landscape (CHL), and is within proximity to the Groh Drive CHL, as per the 2014 CHL Study (CHLS) prepared by The Landplan Collaborative Ltd and approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased CHL conservation process. Also located in proximity to the north-west of the subject property is 320 Dodge Drive, which is designated under Part IV of the Ontario Heritage Act. As the natural heritage system on the subject property is being maintained and conveyed to the City, providing for an approximate 150 metre buffer between these existing heritage resources and the new proposed development on the site, there are no anticipated heritage impacts and no heritage concerns. Kind regards, Jessica Vieira, BES Heritage Planner I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7041 1 iessica.vieira@kitchener.ca 000000000 Page 268 of 350 Katie Anderl From: LANDUSEPLANNING <LandUsePlanning@HydroOne.com> Sent: Wednesday, September 28, 2022 2:04 PM To: Christine Kompter; Katie Anderl Subject: Kitchener - 1000 New Dundee Road -SP22-134 30T-22202 Hello, We are in receipt of your Site Plan & Draft Plan of Subdivision Applications, 30T-22202 dated XXXXXXXX. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com) Please select " Search" and locate address in question by entering the address or by zooming in and out of the map ■MEN MENU HELP SEARCH Customers Affected: 0 >5000 0 501-5000 0 51-500 0 21-50 {=20 f 0 0 0 PA r Huntsvrl ■ 17 qr;��ia Kawartha � � Lakes t1_1 Peter rough Ll If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HvdroOne.com to be connected to your Local Operations Centre Thank you, Kitty Luk Records Administrator I Land Use Planning Hydro One Networks Inc. 185 Clegg Road 1 Page 269 of 350 Katie Anderl From: circulations@wsp.com Sent: Monday, September 19, 2022 8:37 AM To: Katie Anderl Subject: ZBLA (ZBA22/021/N/KA), Draft Plan of Subdivision (30T-22202) and Site Plan Application (SP22/134/N/KA), 1000 New Dundee Rd., Kitchener 2022-09-19 Katie Anderl Kitchener Attention: Katie Anderl Re: ZBLA (ZBA22/021/N/KA), Draft Plan of Subdivision (30T-22202) and Site Plan Application (SP22/134/N/KA), 1000 New Dundee Rd., Kitchener; Your File No. SP22/134/N/KA,ZBA22/021/N/KA,30T-22202 To Whom this May Concern, We have reviewed the circulation regarding the above noted application. The following paragraphs are to be included as a condition of approval: "The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost." Upon receipt of this comment letter, the Owner is to provide Bell Canada with servicing plans/CUP at their earliest convenience to planninganddevelopment@bell.ca to confirm the provision of communication/telecommunication infrastructure needed to service the development. It shall be noted that it is the responsibility of the Owner to provide entrance/service duct(s) from Bell Canada's existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. To ensure that we are able to continue to actively participate in the planning process and provide detailed provisioning comments, we note that we would be pleased to receive circulations on all applications received by the Municipality and/or recirculations. Page 270 of 350 We note that WSP operates Bell Canada's development tracking system, which includes the intake and processing of municipal circulations. However, all responses to circulations and requests for information, such as requests for clearance, will come directly from Bell Canada, and not from WSP. WSP is not responsible for the provision of comments or other responses. Should you have any questions, please contact the undersigned. Yours truly, Juan Corvalan Senior Manager - Municipal Liaison Email: planninganddevelopment@bell.ca NOTICE: This communication and any attachments ("this message") may contain information which is privileged, confidential, proprietary or otherwise subject to restricted disclosure under applicable law. This message is for the sole use of the intended recipient(s). Any unauthorized use, disclosure, viewing, copying, alteration, dissemination or distribution of, or reliance on, this message is strictly prohibited. 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Page 271 of 350 Katie Anderl From: Planning <planning@wcdsb.ca> Sent: Thursday, January 13, 2022 4:56 PM To: Katie Anderl Subject: RE: Notice of Presubmission Consultation Mtg (ZBA/Condo/Subdv/SP) - 1000 New Dundee Road Good Afternoon Katie, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. C) That the developer shall include the following wording in the subdivision agreement / condominium declaration to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of- ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." D) That the developer enter into an agreement with the City of Kitchener to be registered on the title to the Property that provides: "All agreement of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of- ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." E) That the developer co-ordinate and reach an agreement with the Waterloo Catholic District School Board and Student Transportation Services of Waterloo Region regarding the provision and maintenance of infrastructure for school bus pick-up and drop-off locations. F) Additionally, the Waterloo Catholic District School Board would encourage long-term plans for upgrading New Dundee Road to provide a full urban cross section which would promote improved connectivity for pedestrians of all ages between the proposed development and the existing and planned community. If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Page 274 of 350 From: Brandon Coveney <planning@wrdsb.ca> Sent: Tuesday, April 18, 2023 9:20 AM To: Katie Anderl Cc: Planning Subject: Re: [Planning] FW: Circulation for Comment - 1000 New Dundee Road (Subdivision/ZBA) Good Morning, thank you for the clarification. Please see below for our revised comments with conditions included: April 18, 2023 (revised from April 17, 2023) Re: Circulation for Comment - 1000 New Dundee Road (Subdivision/ZBA) Municipality: Kitchener Location: 1000 New Dundee Road Owner/Applicant: Cache Developments Inc Hi Katie, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes amendments to facilitate the construction of 127 condominium townhouses. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • J.W. Gerth PS (Junior Kindergarten to Grade 6); • Doon PS (Grade 7 to Grade 8); and • Southwood SS (Grade 9 to Grade 12). The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on student enrolment and accommodation at these schools. Doon PS is currently experiencing accommodation pressure. Interim student accommodation measures, including portable classrooms, are presently on-site and may be required until an alternative accommodation solution is in place. The WRDSB has designated this subject property and its adjacent lands as a "Development Area" in the Development Area Annual Report 2022-2023 and have assigned it to temporary Holding Schools before occupancy or sales in order to alleviate development growth related pressure at the originally assigned 'home schools'. Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. WRDSB staff are interested in engaging in a conversation with the municipality and the Region, and applicant to review the optimization of pedestrian access to public transit, and municipal sidewalks so students may access school bus pick-up points. Please be advised that Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel on privately owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal Page 275 of 350 rights-of-way. WRDSB Draft Conditions Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the conditions of Draft Approval: 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." b. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plan ninq(cDwrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. c. "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point" 2. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on the title to the Property that provides: a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." i. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." ii. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planningAwrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. N. "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick- up point" 3. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which include the above statements. 4. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's expense and according to the WRDSB's specifications), near or affixed to the development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB. 5. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. Page 276 of 350 Education Development Charges Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's Education Development Charges By-law, 2021, amended in 2022 or any successor thereof and may require the payment of Education Development Charges for these developments prior to issuance of a building permit. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Regards, Brandon Coveney Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: brandon coven ey(a)-wrds b. ca On Tue, Apr 18, 2023 at 8:31 AM Katie Anderl <Katie.Anderl@kitchener.ca> wrote: Hi Brandon, If you have conditions that you would like in the Subdivision Agreement or Condo Agreement please let me know. The condo will follow as a next step, but we are including subdivision agreement (it will apply broadly to the whole block) Thanks, Katie From: Brandon Coveney <brandon covenev@wrdsb.ca> Sent: Monday, April 17, 2023 5:37 PM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Re: [Planning] FW: Circulation for Comment - 1000 New Dundee Road (Subdivision/ZBA) Page 277 of 350 You don't often get email from brandon coveney@wrdsb.ca. Learn why this is important Hi Katie, Apologies for the second email. I sent our response and then second guessed myself regarding the status of this proposed development. I'm wondering if I should also include our typical condo conditions clauses at this stage or whether they would be inappropriate for the ZBA? Our previous planner -on -file did not submit comments on the initial pre -con circulation and I want to ensure our conditions are included for before draft approval. I would appreciate the input! Thanks, Brandon Coveney Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2115 On Fri, Apr 14, 2023 at 3:48 PM Katie Anderl <Katie.Anderl@kitchener.ca> wrote: Hi, We are preparing to finalize this application for Zoning By-law Amendment, Plan of Subdivision to Committee shortly. I just wanted to confirm whether there were any comments or conditions that your required? This is intended to be common elements condo (will also require a future Site Plan and Condominium Application) with 127 townhouse units. Page 278 of 350 Thanks, Katie From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, September 16, 2022 10:38 AM To: asage@northdumfries.ca; _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <plannine@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <plannine@wrdsb.ca> Cc: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Circulation for Comment - 1000 New Dundee Road (Subdivision/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 22-120757 & 22- 120760 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter@kitchener.ca Page 279 of 350 000000000 Page 280 of 350 N, 14 Region of Waterloo Katie Anderl, MCIP. RPP Senior Planner DSD — Planning Division City of Kitchener 200 King Street W. Kitchener, ON N2G 4G7 Dear Ms. Anderl: 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) Files: D18-20/22202 C14-60/2/22021 November 24, 2022 ZBA 22/021 /N/KA Plan of Subdivision 30T-22202 Cachet Developments (New Dundee) Inc. 1000 New Dundee Road CITY OF KITCHENER Region staff has reviewed the above -noted applications and provides the following comments for your consideration at this time. The applicant is proposing to develop the lands with a 127 unit common elements condominium townhouse development which includes private amenity space and a private SWM pond. The proposed plan of subdivision will create two blocks — Block 1 to be developed with the townhouses, and Block 2 to contain Blair Creek, associated wetlands and a buffer. Block 2 is proposed to be re -zoned Natural Heritage Conservation and dedicated to the City of Kitchener. The lands are designated Urban Area "Designated Greenfield Area", and "Core Environmental Feature" in the Regional Official Plan (ROP). Density Policy 2.D.17 of the ROP requires development within the Designated Greenfield Area achieve a density of 55 residents and jobs per hectare. Staff is currently reviewing the density proposed for this site. Document Number: 4225176 Version: 1 Page 281 of 350 -2 - Water Services Water Services Engineering and Planning staff has no concern with the applications and offer no comments. Hydrogeology & Water Programs (Source Water Protection) Water Services Hydrogeology & Water Programs staff is reviewing the applications, and comments provided as soon as they are available. Environmental Planning Region Environmental Planning staff is reviewing the applications, and comments provided as soon as they are available. Corridor Planning Corridor Planning staff provides the following comments at this time. For the ZBA Application: Functional Servicing and Stormwater Management (SWM) Report Staff continues to review the Functional Servicing & Stormwater Management Report (MTE, August 4, 2022). It is noted that this section of New Dundee Road (Region Road 12) is currently scheduled for Rural Rehabilitation in 2030 which includes cycling lanes on both sides. If the applicant wishes to proceed with providing sanitary services for this site in advance of the Region's road project in 2030, the works will need to be completed as part of a City contract. The owner's consultant should contact Mr. Saman Ajamzadeh, C.E.T., rcji at (519) 575- 4557 Email: SAiamzadeh(a)regionofwaterloo.ca of the Region's Design & Construction Division for further information in regard to this road project. Environmental Noise Staff has reviewed the report entitled "Environmental Noise Feasibility Study 1000 New Dundee Road Proposed Residential Development, Kitchener, Ontario", dated August 4, 2022 as prepared by Valcoustics Canada Limited and provide following comments. Road Traffic Noise The noise study has been prepared to assess the noise attenuation measures required to address transportation noise from New Dundee Road. It is determined that the proposed development will require various noise control measures for various blocks, e.g. designing the buildings with the provision of air conditioning, installation of central air conditioning, special building components, noise attenuation barriers (located along New Dundee Road with returns for the Blocks 101 and Block 111 to reduce the noise levels in the backyards of dwellings in these blocks. Document Number: 4225176 Version: 1 Page 282 of 350 -3 - Two 1.8m high noise attenuation barriers with returns are required along New Dundee Road at southerly limits of Block 1 and Block 11. The Minimum Noise Abatement Measures Table 3 - Note 5D states, "Purchasers/occupants are advised that the acoustical berm and/or barrier as installed shall be maintained, repaired or replaced by the owner". Staff notes that this does not comply with the Region's Noise Policy. In the case of a plan of subdivision, the noise attenuation barriers along the Regional road must be located in the Regional road right-of-way with an offset of 150mm (at the foundation level) from the property line; and be maintained by the Region. A 55% replacement fund of the actual cost, and 100% security held by the Region will be required for construction of the walls. The noise attenuation barrier on private lands will be owned, maintained and replaced by the Region as necessary. Funds as noted above, also apply to these portions of the barrier. Stationary Noise Section 2.2 of the report noted, stationary noise from a commercial facility located on south side of New Dundee Road, namely Offspring Recreational Products Inc located at 1091 New Dundee Road. The report noted that stationary noise from this facility is not expected to be significant. The report has also assessed that noise from a single dwelling at 1110 New Dundee Road, which includes a garage for residential purposes, which was permitted through a minor variance in 2018. The report has also identified this development as not having any stationary noise impacts for the proposed development Staff concurs with the assessment of these two stationary noise sources. No mitigation is required in this regard. Staff generally concurs with the recommendations of the report with the exception of the arrangements for the maintenance of the noise attenuation barriers as noted above; and that the proposed development is feasible from a noise perspective. As a condition of draft approval for the subdivision, the following recommendations of the noise study must be implemented through a registered agreement with the Region: That the developer agrees to implement the recommendations of the report ""Environmental Noise Feasibility Study 1000 New Dundee Road Proposed Residential Development, Kitchener, Ontario", dated August 4, 2022 as prepared by Valcoustics Canada Limited and further agrees that: 1) Blocks 2, 3, 10 and 12 a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. Document Number: 4225176 Version: 1 Page 283 of 350 b) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building/dwelling units: Type A: "Purchases/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." Type C: "The purchasers / tenants are advised that this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air condition 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 sound level limits of the Region of Waterloo and the Ministry of Environment, Conservation and Parks (MECP)." 2) Blocks 1, 11 and 13 to 17 (All Inclusive): a) The dwellings will be installed with forced air -ducted heating system suitably sized and designed; and be installed with a central air condition prior to occupancy. b) The buildings/dwelling units will be constructed with upgraded exterior wall construction meeting STC 54 (Brick Veneer or equivalent). c) The buildings/dwelling units will be installed with windows meeting a minimum STC rating of 32. d) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building/dwelling units: Type A: "Purchases/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions 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." Type B: "This dwelling has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the municipality and Ministry of the Environment." 3) Noise Attenuation Barriers: a) A 1.8m high noise attenuation barrier, with foundation offset 0.15m on and along New Dundee Road (RR #12) right-of-way located south of Block 1 as per Figure 2 of the report with a minimum density of 20 kg/m2 will be constructed by the developer. This noise barrier will be owned, maintained and replaced by the Region. b) A 1.8m high noise attenuation barrier, with foundation offset 0.15m on and along New Dundee Road (RR #12) right-of-way located south of Block 11 as per Figure 2 of the Document Number: 4225176 Version: 1 Page 284 of 350 -5 - report with a minimum density of 20 kg /M2 will be constructed by the developer. This noise barrier will be owned, maintained and replaced by the Region. c) Two 1.8m high noise attenuation barriers (returns), located on Block 1 as per Figure 2 of the report with a minimum density of 20 kg/m2 will be constructed by the developer. This noise barrier will be owned, maintained and replaced by the Region. d) Two 1.8m high noise attenuation barriers (returns), located on Block 11 as per Figure 2 of the report with a minimum density of 20 kg/m2 will be constructed by the developer. This noise barrier will be owned, maintained and replaced by the Region. e) Prior to construction of the noise attenuation barriers mentioned in sections (a), (b), (c) and (d) above a Noise Wall Design Report prepared by a qualified Professional Engineer must be provided to the Regional Commissioner of Planning, Development and Legislative Services for approval. The wall design report must include the details as per sections 7.2 of Region's Implementation Guideline for Noise Policies. f) The developer must provide a cost estimate for the construction of the above noise attenuation barriers as mentioned in (a), (b), (c) and (d) above, to the satisfaction of the Region. g) The developer must provide 100% security for the cost of construction of the above mentioned noise attenuation barriers as mentioned in (a), (b), (c) and (d) above. The security be released following inspection and acceptance of the above mentioned noise attenuation barriers by the Regional staff and provision of Certificate of Compliance as mentioned in clause (j) below. h) The developer will provide funds to the amount of 55% cost of construction of the noise attenuation barrier as mentioned in item (a), (b), (c) and (d) above including its foundation, for the replacement of the same. These funds will be kept by Region of Waterloo. i) The above mentioned noise barriers will be constructed to the satisfaction of the Region within 1 year of issuance of building permit for the development, by the area municipality. j) Upon construction of the noise walls in (a), (b), (c) and (d) above, a certificate of compliance from a Professional Engineer qualified in acoustics will be required. k) Implementation That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the Document Number: 4225176 Version: 1 Page 285 of 350 WON building plans and upon completion of construction, the City of Kitchener's Building Inspector will certify that the dwelling units have been constructed accordingly. For the Plan of Subdivision Scoped Transportation Impact Study (TIS); Access & Site Circulation: Staff continues to review the report "Transportation Impact Study and Access and Circulation Review" (Paradigm, July 2022). Pending acceptance of the above -noted report: • Functional plans and cost estimates will be required for any road and intersection improvements. • An agreement to provide funds for any road improvements at the private accesses will be required. All costs related with any private street entrances will be the owner's responsibility. • All works within the Regional right-of-way will be completed by the Regional forces through a Regional contract. • The Region must have financial and physical resources for the identified road and intersection improvements. Road Dedication A dedicated road widening is not required to comply with the ROP designated width of New Dundee at this location (30.48m). 7.62m daylight triangles (DLTs) will be required at both sides of the proposed condo/private roads. However, additional lands may be required for the road/intersection improvements, which may be identified through functional plans and pending acceptance of the scoped TIS as mentioned above. Additional lands may also be required for purpose of any noise berm/barrier and grading purposes as identified through the feasibility noise study and detailed grading plans. All costs associated with the road dedication would be owner's responsibility. Easements Any permanent/temporary easements may also be required for purpose of the grading and the noise attenuation berm/barrier as would be identified through the TIS, the functional grading & servicing plans and the noise study as mentioned in the above mentioned comments. Transit Plannina (Adviso There are no transit service plans for this vicinity. The closest transit service would be available at New Dundee/Robert Ferrie or New Dundee/Pinnacle intersections. There would be no transit requirements. However, staff notes that provision for pedestrian connection to future urbanised road section be considered, as deemed appropriate by the City of Kitchener. Document Number: 4225176 Version: 1 Page 286 of 350 Site Servicing / Work Permit / Municipal Consent (Advisory) A Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region's right of way. For further information in this regard, please visit https://rmow.permitcentral.ca/ Conditions for Future Condominium / Consent Application Stage Detailed Environmental Noise Study As mentioned in the application the subject site will be a condominium townhouse development. Staff notes that any the recommendations of the detailed environmental noise study through a registered agreement will also be a Regional condition for any future plan of condominium/consent application(s) as may be required for the proposed development. Archaeology Cultural Heritage staff has reviewed the document titled: "Stage 1-2 Archaeological Assessment of 1000 New Dundee Road (AMICK, Aug. 19, 2021) and the associated Ministry Acknowledgement Letter and have no comments. No further action is required. Housing General The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan o Section 3.A (range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. Document Number: 4225176 Version: 1 Page 287 of 350 WE Should this plan of subdivision move forward, staff recommend that the applicant consider providing a number of affordable (affordable as defined in the Regional Official Plan) housing units on the site. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. In addition, 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 town house units. Policy 3.A.5 in the Regional Official Plan applies to this site. It states: "Where a development application proposing residential uses is submitted for a site containing two hectares or more of developable land, the Region and Area Municipalities will require, wherever appropriate, a minimum of 30 per cent of new residential units to be planned in forms other than single -detached and semi-detached units, such as town homes and multi -unit residential buildings." A review of the proposed unit types on the Draft Plan of Subdivision indicates that this proposal adheres to Policy 3.A.5. The Regional Official Plan was amended in August 2022 and Policy 3.A.5 was updated to the following: "Where a development application proposing residential uses is submitted for a site containing one hectare or more of developable land, the Region and the area municipalities will require, a minimum of 30 percent of new residential units to be planned in forms other than single -detached, semi-detached, and street fronting and single unit condominium townhouse units. Examples of other potential housing forms may include, but are not limited to: duplexes; tri-plexes; four-plexes; multi-plexes; stacked and back-to-back townhouses; and apartments." 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: 4225176 Version: 1 Page 288 of 350 IS!OE 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 $385,500 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 $576,347 purchase price of a resale unit in the average market rent (AMR) in the regional market area $1,134 *Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. 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 $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 *Based on the most recent information available from the PPS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Please do not hesitate to contact Judy Maan Miedema, Principal Planner (Housing & Development) directly by email at JMaanMiedema(a)regionofwaterloo.ca should you have any questions or wish to discuss in more detail. Proposed Zoning By-law Amendment Staff continues to review the proposed zoning for the lands. Document Number: 4225176 Version: 1 Page 289 of 350 -10 - Regional Development Charges Any future development on the subject lands will be subject to provisions of Regional Development Charges By-law 19-037 or any successor thereof. Other Staff acknowledges the Region's required review fees for the applications were received September 23, 2022. Staff continues to review the applications. If you have any questions, please feel free to contact me (226) 753-1064 (C). Yours truly, Shilling Yip, MCIP, RPP Senior Planner cc. Applicant Document Number: 4225176 Version: 1 Page 290 of 350 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) Files: D18-20/22202 C14-60/2/22021 January 18, 2023 Katie Anderl, MCIP. RPP Senior Planner DSD — Planning Division City of Kitchener 200 King Street W. Kitchener, ON N2G 4G7 Dear Ms. Anderl: Plan of Subdivision 30T-22202 Cachet Developments (New Dundee) Inc. 1000 New Dundee Road CITY OF KITCHENER Further to the Region's comments of November 24, 2022, staff provides the following additional comments at this time. Environmental Planning The subject lands include Significant Woodland and Provincially Significant Wetland areas which are designated as Core Environmental Features in the Regional Official Plan (ROP). Documents provided in support of the proposed development included the "Environmental Impact Study, 1000 New Dundee Rd, Kitchener" by GeoProcess Research Associates, dated August 4, 2022 (the EIS). The EIS is satisfactory to regional environmental planning staff, and the recommendations provided therein are requested to be implemented through the Plan of Subdivision or site plan, as applicable. The lands designated as Core Environmental Feature and the associated buffers (all lands north of the"30m wetland setback" on Map 5, Site Plan), should be placed in a Natural Heritage Conservation zone. Document Number: 4283914 Version: 1 Page 291 of 350 -2 - The following advisory comments are offered, but no response or updates are required to address these comments: Map 2 — Natural Heritage Features in the EIS is missing the Significant Woodland component on the west side of the site, which generally aligns with the limits of the WODM5-1 polygon depicted on Map 3. There is no need to update the Natural Heritage Map, this is provided for information only as the entire area is within the "Core Environmental Feature" designation due to the presence of the Provincially Significant Wetland (PSW) • Future reports are requested to follow and reference the Region's Greenlands Network Implementation Guideline, and to identify any Regionally Significant organisms, in accordance with the applicable lists from the Region. If the site plan is modified, including any changes to the stormwater management strategy, revisions should be circulated to environmental planning for further review. Water Services Hydrogeology and Water Programs (HWP) HWP staff generally support Draft Plan Approval (DPA) of the proposed plan of subdivision. The Chloride Impact Study recommended that a Salt Management Plan be completed for the private parking / internal roads created as part of this proposed development. If this will be subject to a future condominium application; HWP staff has requested that, as a condition of DPA, the developer enter into a development agreement to complete a Salt Management Plan as part of a complete application for the future Plan of Condominium application. There are no further requirements prior to DPA. Staff continues to review the applications. If you have any questions, please feel free to contact me (226) 753-1064 (C). Yours truly, Shilling Yip, MCIP, RPP Senior Planner cc. Applicant Document Number: 4283914 Version: 1 Page 292 of 350 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) Files: D18-20/22202 C14-60/2/22021 June 1, 2023 Katie Anderl, MCIP. RPP Senior Planner DSD — Planning Division City of Kitchener 200 King Street W. Kitchener, ON N2G 4G7 Dear Ms. Anderl: WY_V*411PAII ► UX I Plan of Subdivision 30T-22202 Cachet Developments (New Dundee) Inc. 1000 New Dundee Road CITY OF KITCHENER Further to the Region's comments of November 24, 2022 and January 18, 2023 staff provides the following final comments at this time. Density Further to the Region's comments of November 24, 2022 regarding density, Regional Official Plan (ROP) Amendment No. 6 requires that Designated Greenfield Areas within the City of Kitchener achieve within the horizon of the ROP, a minimum density target of 65 residents and jobs per hectare in the urban designated greenfield areas across the City. This development will contribute to the achievement of this target. Corridor Planning Noise Study Corridor Planning staff continues to review the Noise Study entitled, "Environmental Noise Feasibility Study, 1000 New Dundee Road, Proposed Residential Development, Kitchener, Ontario" (Valcoustics, August 4, 2022) and Addendum dated February 28, 2023. Review and acceptance of the Study will be provided under separate cover. In the meantime, staff notes minor changes in one of the noise wall proposed is assessed Document Number: 4388126 Version: 1 Page 293 of 350 in the report while in general other recommendations of the report are not changed. Although, the report demonstrates that the proposed development is feasible with the recommended various noise attenuation measures, the following is required prior to acceptance of the report. The applicant must identify requirements and details of any easements and parcels of lands to be dedicated to the Region and/or the City for the proposed noise barriers on New Dundee Road and on Private Lands, typical X - sections of the proposed noise barriers should be prepared based on the Functional/Detailed Site Grading Plan which must show the grades and elevations for top and bottom of the foundations, barrier and berms (if required) and spot grades around the walls/foundations. Staff supports placing the noise walls within the future common elements condominium lands. Where the noise walls cannot be accommodated within the condominium, the wall(s) must be maintained by the landowner. Appropriate agreement(s) and/or easements in favour of the condominium corporation (or Region) may be required to ensure long-term maintenance of the wall(s) by the landowner. As noted above, details regarding implementation will be provided under separate cover. The above must be identified on the grading and other development plans. A detailed noise study will be required as part of site plan. The review and implementation of noise study recommendations have been secured through Region draft approval condition 29 attached. Functional Servicina and Stormwater Manaaement (SWM) Reaort Staff provides the following comments on the Functional Servicing and Stormwater Management Report dated August 4, 2022 as prepared by MTE. The report mentions that there are no sanitary or water services available along New Dundee Road; and new service for water will be provided by extension from 200mm diameter municipal watermain currently terminated within the existing easement adjacent to 730 New Dundee Road which will be further upsized to 300mm diameter. A new 200mm private water service will enter the southeast corner and continue to north and west into the private property. The report also notes that there is no sanitary servicing within the New Dundee Road fronting the proposed development. It is proposed that the municipal sanitary sewer will be extended from the intersection of Dodge Drive/New Dundee intersection approximately 755m east of the proposed development. Regarding storm servicing, it is proposed that a private storm sewer system will be installed on site and will be designed to convey the flows generated by 5 year design storm event. It is also mentioned that the runoff will ultimately discharge to Upper Blair Creek at the northeast corner of the site. The report has mentioned in section 4.0 that the storm flows for the 25mm to 100 year storm event will be attenuated to allowable flow rates as illustrated in the "Upper Blair Document Number: 4388126 Version: 1 Page 294 of 350 -3 - Creek Functional Drainage Study". From Corridor Planning's stormwater management perspective, there are no major concerns with the SWM Report. However, the report mentions that drainage from the frontage of the site will flow overland towards the roadside ditch on New Dundee. In this regard, the consultant must confirm that the existing road side has sufficient capacity for the intended flows from the subject site. This requirement may be addressed as part of the final SWM report included as Region draft approval condition 9. Please be advised, this Report must be approved by the Region (and the City) taking into account the additional comments related to the road corridor noted below. New Dundee Road Reconstruction The Region's Design & Construction staff provide the following comments at this time. Grading Staff request the Developer's consultant provide cross sections along New Dundee Road and the abutting development. The cross sections should extend 5m into the private property and be provided at 10m intervals along the entire frontage of the property in addition to cross sections at the proposed main driveway and emergency access. The cross sections should show proposed development grades in matching to the existing and proposed grades along New Dundee Road, including property line, hydro poles, and other features as necessary. The developer is responsible to ensure whatever is constructed today meets current standards without the need for retaining walls and allows for future integration with Regional road works. Sanitary Per the functional servicing plan, the proposed 300mmo sanitary is shown along the north shoulder. The Region's typical location is down the centre of the road. Sanitary sewer location within the right-of-way, will require Region of Waterloo Municipal Consent approval. Contact Jim Ellerman, E: Jellerman(a�regionofwaterloo.ca to make arrangements. Provide cross sections showing the sanitary sewer. Watermain Per the functional servicing plan, the proposed 300mm watermain is shown in the north ditch line. The Region's typical location for watermain is within the paved portion of the roadway, or shoulder, and in this case should match the alignment of adjacent (to the east) existing dead end 150mmo watermain in the north shoulder. Watermain location will require Region of Waterloo Municipal Consent for location approval. The Developer is asked to contact the Region of Waterloo Corridor Management group (Jim Ellerman, E: Jellerman(a)regionofwaterloo.ca) to discuss further. Document Number: 4388126 Version: 1 Page 295 of 350 • Provide cross sections of watermain. Road Restoration • Road restoration must meet Region of Waterloo standards and is subject to geotechnical recommendation provided to the developer (to be circulated with the Region). As part of geotechnical work, the developer will be required to complete a Soil Characterization Report, to support the movement of excess soils. Conducting sampling analysis plan, assessment of past uses per requirements as set out in O.Reg 406/19, as well as identification of any dewatering needs. Any restoration beyond 50% of the road cross section, will require full road restoration. Minimum road restoration requirements; Recommended by the Region's geotechnical consultant and will be applied along the adjacent section to the east (Executive PI to Robert Ferrie Dr in 2024 under a separate Region contract). Surface Course — SP12.5 FC2 mm - 1 lift (50mm) Tack coat 0.20 litres/m2, shall be slow set, non -tracking (SS -1 HH) Binder Course — SP19.Omm PGAC 58-28 - 2 lifts (60mm + 65mm) Granular base — 2 options (550mm Gran A) or (600mm of Gran B followed by 150mm Gran A) Regional Road Work Permit • Regional road work permit will be required for road occupancy, including any pre or post construction activity taking place on the Regional Right-of-way. Contract for Proposed Services • It is expected that the developer will be required to enter in an agreement with the City and /or Region for construction of the development servicing work on New Dundee Rd. The Region and City are in discussions regarding the form and conditions for such an agreement and will advise when completed. As you know, any work within the Region's right-of-way must be completed by the City under a City contract, this requirement has been secured in Region draft approval condition 31. Traffic/ Road Closures • Should a road closure be required, the developer is to confirm detouring options, timing, etc, through discussions with both City and Region traffic. As this is a developer / City driven initiative, will the City allow use of local roads for detouring? Document Number: 4388126 Version: 1 Page 296 of 350 -5 - Contact Mike Jones, E: MJones(a)-regionofwaterloo.ca to arrange for meeting with Regional staff. Scoped Transportation Impact Study (TIS); Access & Site Circulation Staff has reviewed the Transportation Impact Study (TIS) dated February 2023 as prepared by Paradigm in conjunction with further clarification received dated May 17, 2023 and can advise that the Study is satisfactory. Nothing further is required at this time. Review comments follow below: • There are no road/intersection improvements on New Dundee Road. • Some trees are identified which must be removed to achieve and maintain the required sight visibility at the proposed Condo Road (private street). • There are no Regional concerns for the identified tree removals. • The identified trees must be removed at owner's cost and additional trees be planted in lieu of the removed trees, as to the satisfaction of the City of Kitchener. • The identified property frontage within the private property fronting the New Dundee Road must be maintained free of any plantation/visual obstructions by the developer /future Condominium Corporation. • The tree removal and preservation plan must be approved by the City of Kitchener. • A Regional road Access Permit will be required for the main site entrance and the Emergency Access at the east property side. • The access must meet the Regional standards for a private road with a minimum throat width of 9.Om extending for minimum 1 vehicle length should be shown on the development plans. Implementation of above, must be secured by way of a development agreement with the Region. This has been included in Region draft approval condition 25. Access The Proposed Westerly Access (the only Site Access) being a commercial 2 -way access on High Speed (posted >70kmph) must have minimum 9.Om throat width at property line and minimum 7.6m curb radii to comply with Regional Access Policy. The plans show only 7.1 m access width with 7.86m width at the property line which would not meet Regional standards. A minimum throat width of 9.Om extending for minimum vehicle length should be shown on the development plans. On the proposed private Condo Road, 7.62m Daylight Triangles (DLT) would be required to be dedicated to the Region. These should be shown on the development plans. Document Number: 4388126 Version: 1 Page 297 of 350 WON The above may impact the building setbacks required by the City. An Access Permit with applicable fee (currently $230) will be required for any access on New Dundee Road (RR #12). Any redundant access will be closed and will also require an access permit (no application fee). Application permit application is available at: https://forms. regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it -Application Road Dedication A dedicated road widening is not required to comply with the ROP designated width of New Dundee at this location (30.48m). Site Gradina & Stormwater Manaaement Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on New Dundee Road (RR #12) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the New Dundee storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. It is the responsibility of the applicant' s engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for New Dundee Road (RR #12) is available which may be of assistance. The applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. The site grading must be compatible with the existing road grades and the proposed reconstruction project of New Dundee Road. The site must be graded in accordance with the approved plan and the Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo Transit Planning There are no transit service plans for this vicinity. The closest transit service would be available at New Dundee/Robert Ferrie or New Dundee/Pinnacle intersections. There would be no transit requirements. However, staff note that provision for pedestrian connection to future urbanised road section be considered, as deemed appropriate by the City of Kitchener. Document Number: 4388126 Version: 1 Page 298 of 350 Site Servicing / Work Permit / Municipal Consent A Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region's right of way. For further information in this regard, please visit https://rmow.permitcentral.ca/ Proposed Zoning By-law Amendment Staff has reviewed the latest zoning by-law amendment proposed, and have no concerns. Regional staff has no objection to draft approval of Plan of Subdivision 30T-22202 subject to the Region's comments of November 24, 2022, January 18, 2023, above -noted comments, and the following conditions of draft approval set out below. Draft Approval Conditions Attached. If you have any questions, please feel free to contact me (226) 753-1064 (C). Yours truly, 1A Shilling Yip, MCIP, RPP Senior Planner Attachment. cc. Applicant Document Number: 4388126 Version: 1 Page 299 of 350 Region of Waterloo Draft Approval Conditions Draft Plan of Subdivision Application 30T-22202 Zoning By-law Amendment ZBA22/021/N/KA 1000 New Dundee Road Cachet Developments (New Dundee) Inc. (May 31, 2023) 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: 1. That the plan for final approval may incorporate a lot pattern for all blocks in which townhouse lots are permitted, at a density not exceeding the density identified in the draft approval conditions; 2. That the SUBDIVIDER agrees to stage the development of 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; 4. That any dead ends and open sides of road allowances created by this plan of subdivision shall be terminated in 0.3 metre reserves, to be conveyed to and held in trust by the City of Kitchener until required for future road allowances or the development of adjacent land. 5. That the SUBDIVIDER enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever comes first. Where the SUBDIVIDER 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 Engineering 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; 6. That the SUBDIVIDER includes the following statement in the registered subdivision agreement and in all agreements of lease or purchase and sale and/or rental agreements that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: Document Number: 4388125 Version: 2 Page 300 of 350 "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." 7. That, prior to registration or servicing, whichever comes first, the Functional Servicing and SWM Report (MTE, Revised March 2, 2023) and/or future amendments thereto) be completed to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Without limiting the foregoing, the Report must address the following: a) Location of the proposed 300mm dia watermain within the New Dundee Road right-of-way. b) Location of the proposed 300mm dia sanitary sewer within the New Dundee Road right-of-way. 8. That, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide that prior to any grading, construction, or servicing of the plan of subdivision, whichever comes first, the SUBDIVIDER submit a final lot grading and drainage plan for the entire plan for review and approval to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. The lot grading and drainage plan must include the following for New Dundee Road (Regional Road 12), a) cross sections along New Dundee Road and the abutting development. The cross sections should extend 5m into the private property and be provided at 10m intervals along the entire frontage of the property in addition to cross sections at the proposed main driveway and emergency access. The cross sections should show proposed development grades in matching to the existing and proposed grades along New Dundee Road, including property line, hydro poles, and other features as necessary. The developer is responsible to ensure whatever is constructed today meets current standards without the need for retaining walls and allows for future integration with Regional road works. 9. That, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide that prior to any grading, construction or Document Number: 4388125 Version: 2 Page 301 of 350 servicing of the plan of subdivision, whichever comes first, the SUBDIVIDER submit a final detailed stormwater management plan to the satisfaction of the City of Kitchener, Grand River Conservation Authority, and the Regional Commissioner of Planning, Development and Legislative Services. 10. That prior to registration, the SUBDIVIDER decommissions any monitoring and private wells (not used for long term monitoring) and septic systems on the property in accordance with O. Reg. 903 prior to any grading on the property; and furthermore, that the SUBDIVIDER 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. 11. That the boundaries and buffers of Core Environmental Features (Provincially Significant Wetland, Significant Woodland) within and contiguous to the subject lands be interpreted as depicted on Map 5, Site Plan, in the "Environmental Impact Study, 1000 New Dundee Rd, Kitchener" (GeoProcess Research Associates, last updated February 10, 2023). 12. That the Core Environmental Features and associated buffers on the subject lands be placed in natural heritage conservation zoning pursuant to Policy 7.A.2 of the Regional Official Plan. 13. That prior to any clearing of vegetation on the site, or final approval of all or any part of this plan of subdivision (whichever occurs first), the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo, that no clearing of vegetation on the site occur during the bird breeding season (April 1 — August 31) in compliance with the Migratory Birds Convention Act unless it can be ascertained by a qualified expert that no birds covered by the Act are observed to be breeding in or adjacent to the affected area. 14. That prior to any land clearing, grading or other site alteration, the SUBDIVIDER ensure compliance with the Endangered Species Act. 15. That, prior to final approval, the SUBDIVIDER shall install permanent fencing along the common boundary of Blocks 1 and 2, with signage identifying the Core Environmental Feature, and that the fence be installed to the satisfaction of the City of Kitchener and the Regional Commissioner of Planning, Development and Legislative Services, in consultation with the Grand River Conservation Authority and the Region. 16. That, prior to registration and any land clearing, grading, or the installation of services, the SUBDIVIDER submit a detailed erosion and sediment control plan Document Number: 4388125 Version: 2 Page 302 of 350 acceptable to the Regional Municipality and the City of Kitchener, in consultation with the Grand River Conservation Authority, in order to prevent sedimentation into Core Environmental Features. 17. That, prior to registration, the SUBDIVIDER submit landscaping and planting plans for all buffer areas contiguous to Core Environmental Features, and that recommended plantings shall consist of locally -appropriate, self-sustaining native vegetation to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener, in consultation with the Grand River Conservation Authority. 18. That, prior to registration, the SUBDIVIDER submit a detailed monitoring plan for Core Environmental Features and associated buffers on the subject lands as outlined in the "Environmental Impact Study, 1000 New Dundee Rd, Kitchener" (GeoProcess Research Associates, last updated February 10, 2023) to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener, in consultation with the Grand River Conservation Authority. 19. That, prior to registration, the SUBDIVIDER develop a brochure or other similar information tools for new home purchasers and residents which provides information about the natural heritage features contiguous to the subdivision, along with advice about how they can be good neighbours to and stewards of these areas, and that the brochure be to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener, in consultation with the Grand River Conservation Authority. 20. That prior to final approval, the SUBDIVIDER remove any debris and/or garbage from Core Environmental Features within the subject lands to the satisfaction of the Regional Municipality of Waterloo and the City of Kitchener. 21. That, prior to registration, the SUBDIVIDER 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. 22. That, prior to registration, the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to complete salt management plan for Condo Townhouse Block 1 prior to site plan approval to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Furthermore, that the agreement contains a provision to include implementation of the salt management plan by way of declaration associated with any future applications for plan of condominium. Document Number: 4388125 Version: 2 Page 303 of 350 23. That, prior to registration of this plan of subdivision, or prior to commencement of any construction work, whichever comes first, the SUBDIVIDER must enter into an agreement with the Regional Municipality of Waterloo to obtain a Municipal Consent and Work Permit for New Dundee Road (Regional Road 12) from the Region for such works. 24. That, prior to registration of this plan of subdivision, or prior to commencement of any construction work, whichever comes first, the SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo to provide engineering drawings which include details of boulevard restoration for New Dundee Road (Regional Road 12), to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Without limiting the foregoing, the submission is to include any geotechnical recommendation provided to the SUBDIVIDER by the Region. As part of geotechnical work, the SUBDIVIDER will be required to complete a soil characterization report, to support the movement of excess soils. Conducting sampling analysis plan, assessment of past uses per requirements as set out in O. Reg. 406/19, as well as identification of any dewatering needs. Any restoration beyond 50% of road cross section, will require full road restoration. All to the satisfaction of the Regional Commissioner of Planning, Development, and Legislative Services. 25. That, prior registration, the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the recommendations of the accepted report entitled, "1000 New Dundee Road, Kitchener, ON, Transportation Impact Study and Circulation Review" (Paradigm Transportation Solutions Limited, February 2023), to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 26. That, prior to registration of this plan of subdivision, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to obtain prior to site plan, a Regional Road Access Permit for New Dundee Road (Regional Road 12). 27. That prior to registration, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide, prior to site plan approval and at no cost to the Region, daylight triangles along New Dundee Road and any proposed access, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 28. That prior to registration, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to grant any easements at no cost to the Region as necessary for road improvements along New Dundee Road, to the Document Number: 4388125 Version: 2 Page 304 of 350 5 satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 29. That prior to registration, the Regional Municipality of Waterloo review and accept the noise study (and any addendum thereto) entitled, "Environmental Noise Feasibility Study, 1000 New Dundee Road, Proposed Residential Development, Kitchener, Ontario" (Valcoustics, August 4, 2022), to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Furthermore, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide for the implementation of the accepted Noise Study and Addendum. The agreement shall include, but not limited to, securities for the construction of noise attenuation barriers recommended in the Study, and a detailed Noise Study at site plan. 30. That prior to registration, the SUBDIVIDER enter into a development agreement with the Regional Municipality of Waterloo to provide for installation of a 1.5m high chainlink fence where deemed necessary along New Dundee Road (Regional Road 12) by the Region, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 31. That, prior to registration, the City of Kitchener and the Regional Municipality of Waterloo make arrangements (including entering into an agreement) to provide for servicing of this plan of subdivision within the New Dundee Road (Regional Road 12) road allowance, to the satisfaction of the Regional Commissioner of Transportation Services. CLEARANCE CONDITIONS That prior to the signing of the final plan by the CITY'S Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Development and Legislative Services that Conditions 3.1 to 3.XX have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the CITY'S Director, shall be advised by the telephone company 2.1.7 have been carried out satisfactorily. The clearan brief statement as to how the conditions were satisfied. Director of Planning, the that Conditions 2.1.6 and ce letter should contain a Document Number: 4388125 Version: 2 Page 305 of 350 3. 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 Conditions 2.1.5 and 2.1.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 4. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 5. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director shall be advised by the Waterloo Region District School Board that Conditions 4.2 — 4. have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. That prior to the signing of the final plan by the CITY'S Director of Planning, the Director shall be advised by the Waterloo Catholic District School Board that Conditions 4.4 — 4.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. NOTES 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law 19-037 are applicable. 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. 3. It is the responsibility of the Owner of this plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Division of any changes in ownership, agent, address, and phone and fax numbers. 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By -Law 23-009, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, as amended, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. 5. The owner/developer is advised that pursuant to Regional By -Law 23-009, the current fee for review of a road traffic noise study is $500.00, payable to the Regional Municipality of Waterloo upon submission of the study for review. 6. This draft plan was received on or after April 14, 2022 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 2022, c. 12 (Bill 109). Document Number: 4388125 Version: 2 Page 306 of 350 7. The Owner is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning, Development and Legislative Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering and Environmental Services to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited and define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement 8. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the Owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the Owner has failed to submit the appropriate documentation by this date. 9. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and the applicable clearance agencies that the necessary arrangements have been made, the Manager of Development Review's signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration under The Registry Act and the Region's purposes: One (1) original mylar Three (3) mylar copies Four (4) white paper prints Document Number: 4388125 Version: 2 Page 307 of 350 Appen Name Date Comment Oliver 12/6/2022 Hi Oliver, Markovski I've had a chance to review your questions in more details and have obtained input from a cou colleagues. Please see our responses below in blue. Regards, Katie From: ----------------------- Sent: Tuesday, December 6, 2022 3:04 PM To: Katie Anderl <Katie.Anderl@kitchener.ca> Cc: -------------------------- Subject: 1000 New Dundee Road - Feedback on Proposed Development Project Thank you for hosting the Virtual Zoom Meeting on December 1, 2022 regarding the proposed 1000 New Dundee Road, and thank you for the opportunity to provide feedback on the propos information shared was very good, and helpful in gaining additional understanding on the prop As a follow up to the Zoom Meeting, I would like to bring up the following items regarding the your further considerations and response. Specifically, I would like to learn more about the fol obtain some additional information: 1. Impact to Local Wetland at Adjacent Blair Creek Blair Creek is located immediately to the North of the proposed development and serves as ha and bird species, in addition to having an important role as a water source and tributary to the watershed. As such, I am concerned that a 30 -meter buffer may not be sufficient to fully prote habitat from the development works. Would like to understand how the 30 -meter buffer was the logic and research behind this demarcation. Furthermore, what long-term measures will b existing natural habitat and what the developer will do to protect and promote this existing na There is no one -size -fits -all buffer width. While a typical buffer width around waterbodies and v width can be adjusted (wider or narrower) based on relevant factors. An effective buffer width The sensitivity and functions of the natural feature that is to be protected (2) The functions whi Appen perform (3) The setting (e.g. slopes, soils, surface drainage, groundwater conditions and flows) adjacent land uses and activities. In this case, the appropriate buffer width of 30 metres was d environmental impact study. 2. Traffic Along New Dundee Road As raised a few times during the Dec. 15Y Zoom Meeting, the New Dundee Regional Road was fl meeting attendance as road of concern, especially if additional volumes of vehicles are added s development. The current state of the road may not be suitable to safely accommodate the pi development. The curvature around the development area, combined with the high -speeds (e combined with very road low light levels in the area may create a bottle -necks as residential cc proposed development try to enter and merge with the high-speed traffic from New Dundee R the Dec. 15Y meeting, the development will have only a single entrance/exit to a very busy regio an area of concern to pedestrians and vehicular traffic. As communicated at the Dec. 15Y meeti integrate traffic lights, roundabouts, or to widen the regional road, it may be an area where ad may need to be done. Please provide additional information on how the existing road infrastri the additional traffic load from the proposed development works, and what additional measur integrate a new community located next to a busy regional road. How would the additional of and the future link with Strasburg Rd. and New Dundee Road work as additional traffic volume Dundee Road? The applicant has completed a Traffic Impact Study (available online: https://app2. kitchen er.ca/AppDocs/OpenData/AMANDADataSets/Supportinq Documents Lisi is currently being reviewed by Regional Transportation Planners and provides a sight line analy movement calculations to determine if new turning lanes are required — the study does not rece left turn lane based on projections. As additional lands in the surrounding area are developed, i Strasburg Road extension are built, there will be new intersections and roundabouts constructe be lowered in proximity to these new intersections west of the subject lands. Regional staff hat limits are planned to be lowered to 60 km/hr from Executive Place to approx. 400 m west of Ro road and intersection improvements are completed in 2024. 3. Community Integration Appen How will the proposed development area integrate with the existing community, adjacent to tl the meeting, it appears that this will be a fenced -in area, with no proposed new sidewalks, trai reach the adjacent community and integrate into the surrounding communities. If the long-tei where communities are integrated, then the proposed development should attempt to find a I fabric of the community, the historic context of the area, and its natural features. It would be, development can better integrate within the existing adjacent trails, road, bicycle, and pedestr to learn more about how the City and Developer will work towards creating links to existing bu environments. Especially, how would children from the new development safely reach the nei located further to the north of the proposed project area by foot? Is there enough nearby corn support new residential homes? Currently the area has very little commercial (e.g., grocery st( centres, etc.) that are located within a proximity of the proposed development site. While pedestrian connections through the natural area to Dodge Drive are not possible, as this providing for pedestrian connections along New Dundee Road will be important. As the design Dundee is developed the City will continue to advocate for pedestrian and cycling connections. bussed to schools for the time being. There are also commercially zoned lands along New Dun( Reichert/Robert Ferrie and near Reidel Drive to help meet the needs of the community. Additioi likely be considered through the development of the Dundee North community. 4. Landscaping Plan The proposed development should look at ways to add to the natural features of the site and f landscaping along the northern part of the site (adjacent to Blair Creek) that will add mature tr native habitats to enhance the natural and wildlife habitat enjoyed by the migratory birds and adjacent wetland. Moreover, what landscaping plans will be added to the development to allc property owners to continue to enjoy the natural (undeveloped) features of the proposed proj The buffer (to the Creek, Wetland, Woodlands) will consist of existing, and planted vegetation. necessary to enhance the buffer area by adding trees, shrubs and other vegetation. Native spec possible and natural selection by encouraging a healthy mix of young and old trees will be encu installed along the edge of the buffer. The fencing will help to clearly mark the buffer extent an intrusion (e.g. pedestrians, pets, garbage, etc.). Appen 5. Road Closures at New Dundee Road At the Dec. V meeting, it was stated that New Dundee Road will be closed for sewer pipe layo infrastructure works that will support the proposed development site. Would like to know hov will be closed for (approximate timeline at this point), and what mitigation measures will be ad in the area to get around the proposed infrastructure work. At this time the details of the service extension are continuing to be developed and will need to approved by the Region. As more details are available we will share these with the community. Thank you for the opportunity to provide feedback and input to the proposed development we you require any additional information. Regards, Oliver Markovski JL Masse 9/23/2022 Hi Mickey, Thanks for reaching out and responding to the circulation. I wanted to confirm that I received 5 these lands. I will take a bit of a closer look into the zoning of your property and will respond L In the meantime, as there is no municipal address, I just wanted to confirm that I have the ri& the -----------------------------------, correct? For reference, the development application is for the (agricultural field is the lands proposed for development). <IMAGE REDACTED> Thanks, Katie Appen From: JL Masse Sent: Friday, September 23, 2022 11:00 AM To: Katie Anderl <Katie.Anderl@kitchener.ca>; Christine Michaud <Christine.Michaud@kitcher Cc: Subject: re: Application for development in our neighbourhood. Good day, we have been advised of the planning development in our neighbourhood. We own a -------- property which is recognized as-----------------------------------. First we would like to know where planned in reference to our property. We have bought the lot many years ago during my care( ------- We have planned to build our retirement home on the said property. We are still in wor and living in the ----------------------------------- area, but are planning on retiring within the next y( During these many year of ownership, we knew that although it is a lower area but even prior 1 driveway installed and an area suitable to build a bonafide farm and a house. Realizing that so on the type of septic system and type of building that could be erected on the said piece of prc have been willing to adapt too. In the past few years we have seen a fair amount of developm general area mainly because of the township and developers ability to maneuver around the r( so called flood plane. We are not really opposing the proposed development of the subdivision by Mark Condello, G Inc, but we would like to ensure that we can build a bonafide farm on that parcel of land that v almost 20 years. Please advise. Thank you in advance Mickey JL Masse (Mickev) Appen Annalee 09/22/2022 Hi, Moore Our Engineering and utilities staff are currently reviewing the servicing strategy for the site. services would need to be extended along New Dundee Road (from the east) and would not Dodge Drive. Katie -----Original Message ----- From: Annalee------------- Sent: Thursday, September 22, 2022 3:50 PM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Re: Application for development 1000 New Dundee Road Thanks. I am curious where they will run the water, sewer and gas from. As you know we don't and the gas and (soon sewer) run down Dodge Drive. Annalee > On Sep 22, 2022, at 9:26 AM, Katie Anderl <Katie.Anderl@kitchener.ca> wrote: > Hi Annalee, > Thanks for reaching out. The information will be posted on our website, however there is so between me making the request to post and it going 'live'. I have attached a pdf copy of the cc Subdivision Plan for your information. Any you could check back using this link in a few days tc information. httos://can0l.safeIinks.r)rotection.outlook.com/?url=httr)s%3A%2F%2FexDerience.arcRis.coml, e61bd043209clf16d16a3ced0c%2Fpage%2FHighlighted-Applications%2F%3Fdata id%3Ddata! Planning Applications Active 5584%253A1159%26views%3Dview- 2 Featurelnfo art&data=05%7C01%7CKatie.Anderl%40kitchener.ca%7C08580447146b4c c703d79153f643a59255622eb33alb0b%7CO 7CO 7C637994729925501967%7CUnknown%71 MC4wLiAwMDAi LCJQlioiV2luMzl iLCJBTil61 klhaWwi LCJXVC16Mn0%3D%7C3000%7C%7C%7C&z MtIJYecyXJIQOwlP1mPvOGn%2Fy%2Fn1Y1s%3D&reserved=0 Appen > The area of lands closest to Dodge Drive contains Blair Creek and is proposed to be zoned Na Conservation and is proposed to be dedicated to the City. The section of lands closest to New to be zoned RES -5 to permit the condominium townhouses. > If you have any questions or comments you can email them to my attention. > Thanks, > Katie > Katie Anderl > Senior Planner I Planning Division I City of Kitchener > 519-741-2200 x7987 I TTY 1-866-969-9994 1 katie.anderl@kitchener.ca W > -----Original Message----- * From: Annalee ----------------------------------- > Sent: Thursday, September 22, 2022 7:19 AM > To: Katie Anderl <Katie.Anderl@kitchener.ca> > Subject: Application for development 1000 New Dundee Road > Good morning Katie, we received a postcard in the mail about this. The pictures on the card impossible to read. I had hoped it would be available on the planning site but it isn't. Do you r please? > Also, if we have concerns about this development how do we voice them? > Thank you > Annalee Moore Appen ------------------------------------ Kitchener Annalee 10/12/2022 Hi Katie, here are some concerns we have about developing this property. Moore 1. What impact will it have on the wetlands behind it? 2. Big concerns with the increased traffic on New Dundee Road. 3. What impact will running services have down New Dundee Road from the East? 4. Overall environmental impact. 5. The swamp area behind it is known for its salamander population. I am not sure if they are J1 since they are in the area. 6. The creek is already running very low this year so what impact could this have down the roar 7. 1 want to make sure that this subdivision doesn't include any drilled wells as that could impa only have a 30 foot well. Please keep me informed of any updates and I would definitely encourage you to have commu Annalee 12/01/2022 Hi Annalee, Moore We do have a recording of the meeting and a copy of the presentation that will be uploaded tc can access them via this link: https://app2.kitchener.ca/AppDocs/OpenData/AMANDADataSets/Supporting Documents List posted under the "Engagement" heading. If you have further questions of comments after you have had a chance to review please let mE At this time, the final servicing plan is still under review by the City and the Region. My unders sanitary services will need to be extended along New Dundee Road from the east, however I w gas line would be extended from. Kind Regards, Katie From: Annalee ---------------------------------- Sent: Wednesday, December 7, 2022 2:54 PM To: Katie Anderl <Katie.Anderl@kitchener.ca> Appen Cc: Christine Michaud <Christine.Michaud@kitchener.ca> Subject: Re: You're Invited to a Neighbourhood Information Meeting - 1000 New Dundee Road Hi Katie, I wasn't able to attend last week. Would you have information you can share with ME It looks like they are already planning on running gas lines up Dodge and then down New Dund development been approved? Thanks Annalee Tim 10/11/2022 Hi Tim, Hasenpflug Thanks for the questions and comments below. I have provided brief responses below and haN the plans for your reference. I acknowledge the postcard provide very little space for images, k information available on our website (https://experience.arcgis.com/experience/bb2db3e6lbdO43209clfl6dl6a3cedOc/) . The proposed height of 13.5 metres represents a 3 storey building with a peaked roof, and tak( grades. The applicant is proposing a range of unit types including 2 and 3 storey units (elevatic website). The Natural Heritage area is Block 2 on the proposed plan (shown in green) and includse Blair wetlands, as well as a 30 m buffer area. This parcel is proposed to be conveyed to the City as r term protection and preservation as part of the Natural Heritage system. With respect to servicing, the applicant is proposing to extend services along New Dundee Roa serving plans are currently under review by the City and Regional Engineering staff. They have also prepared a traffic study which is currently being reviewed by the Region and Cil to evaluate whether there are any improvements needed on New Dundee due to this developr Region of Waterloo is planning some improvements on New Dundee Road at Robert Ferrie anc Appen believe that construction is scheduled for the summer of 2024 (https://www.engagewr.ca/kitc roundabout/widgets/101854/photos/24199) (https://www.engagewr.ca/proposed-roundabo new-dundee). I am also following up with my regional colleagues to see if there are any other New Dundee that may be of interest. Kind Regards, Katie From: --------------------------------------------- Sent: Tuesday, October 11, 2022 6:17 PM To: Katie Anderl <Katie.Anderl@kitchener.ca>; Christine Michaud <Christine.Michaud@kitcher Subject: New Dundee Road - 127 Townhouse Units My comments with this build are as follows: 1) The drawing that was submitted to area residence is so small that it is un readable. 2) Is 13.5 metres height a standard build 3) What does Natural Heritage dedicated to City 4) Another build on New Dundee road but where is the infrastructure to support this proj traffic. (Traffic needs to be addressed soon from the region as New Dundee road feels 5) 127 Townhomes seem to be very high density build. Regards, Tim Hasenpflug Tony Christie May 5, Hi Tony, 2023 Our standard for such fencing would be a 1.5 metre high chain link fence. The retaining wall we up to about 2.0 m high the fence would be on top. The purpose of the fence is to prevent access and so there will be no gate to allow residents in - walking or any other purpose. However, there will be a locked gate which will be accessible to to access to the wetland from the south (and access will be provided over the condo for that p Appen be responsible for the long term maintenance of the wetlands that are being dedicated to us. corporation is responsible for maintenance of the private property including the fence. This re in the subdivision agreement and a future site plan agreement. Regards, Katie From: Tony Christie ---------------------------------- Sent: Tuesday, May 9, 2023 3:14 PM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Re: Fence? Hi Katie, Great. Thanks. I can't make out if the fenc(es) are specced in any detail. (Type? Height? Materi Responsibility for maintenance, repairs, etc.? Responsibility for remediation of pollution, litter, OVER fenc(es), ATV's and Dirt Bikes (motorbikes) despoiling the natural heritage areas, trail ne As one walks through the new neighbourhoods to the north of Dodge Drive, one is struck by th problems, despite fences, and barricades. And one is struck by the lack of remediation over tir Is the City, as the Partyvwho grants development permits, responsible for remediation or enfoi Thanks, Tony Sent from my iPhone On May 9, 2023, at 2:08 PM, Katie Anderl <Katie.Anderl@kitchener.ca> wrote: Hi To Appen Yes, the is a fence proposed along the boundary---------------------------------------. There is a fence of the towns backing onto the wetland, and a fence/retaining wall along the western property access to the wetland/natural area and to the adjacent private properties. Kind Regards, Katei -----Original Message ----- From: Tony Christie ---------------------------------------- Sent: Friday, May 5, 2023 1:23 PM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Fence? Hi Katie, Hope this finds you well. Earlier you seemed to indicate that a fence was something worthy of Thx Tony Tony Christie April 27, Wow! What a nice clear answer! Perfect! Thanks. 2023 Sent from my iPhone > On Apr 28, 2023, at 8:34 AM, Niall Melanson <Niall.Melanson@kitchener.ca> wrote: > Good morning Tony > This would be a privately designed and funded project to extend the sanitary sewer and watE Road. Once constructed and placed on initial acceptance the infrastructure goes on a 2 year m; being accepted (owned) by the City. With that said, Kitchener Utilities is responsible for operat through the maintenance period. > New Dundee Road is a Regionally owned road (RR12). The Region and the City are still in disc like this specific construction to proceed. In a typical situation where private money is fully fun Appen at the owners discretion whether to publicly or privately tender the construction. The City has that developers follow which includes posting guarantees with the City and signing into an Eng > I am happy to discuss further with you if you would like. > Thank you. > Niall Melanson, C.E.T. > Project Manager, Development Engineering, City of Kitchener > niall.melanson@kitchener.ca, 519-741-2200 x 7133 > 200 King St. W., Kitchener, ON N2G 4GX > -----Original Message----- > From: Katie Anderl <Katie.Anderl@kitchener.ca> > Sent: Friday, April 28, 2023 8:10 AM > To: Niall Melanson <Niall.Melanson@kitchener.ca> > Subject: FW: 1000 N Dundee > Hi Niall, > Please see Tony's additional comments below. They are very specific - are you able to help rE give him a call? > Thanks, > Katie > -----Original Message----- > From: Tony Christie ---------------------------------------- > Sent: Thursday, April 27, 2023 7:55 PM > To: Katie Anderl <Katie.Anderl@kitchener.ca> > Subject: Re: 1000 N Dundee > Thx. This obviously has to be coordinated with the City, at least at the point of connection to infrastructure. And I suppose that once installation is complete the City then operates and mai I suppose ownership of the extensions becomes the City's at some point. Appen > What is the Citiy's Involvement during the construction phase. Does the developer put the jo otherwise contract with installers, or is the City responsible for this and simply bills the develor > Thanks, > Tony > Sent from my iPhone >> On Apr 27, 2023, at 4:42 PM, Katie Anderl <Katie.Anderl@kitchener.ca> wrote: >> Hi Tony, >> I've reached out to our Engineering staff and they have confirmed that only sanitary and wa The developer will construct a private stormwater management facility on-site. >> Regards, >> Katie >> -----Original Message----- » From: Tony Christie ---------------------------------------- >> Sent: Thursday, April 27, 2023 1:38 PM >> To: Katie Anderl <Katie.Anderl@kitchener.ca> >> Subject: 1000 N Dundee >> Hi again Katie, >> Hi Katie, >> Are thes the services under discussion? >> 1. potable water mains, >> 2 sanitary sewers, >> 3 storm sewers >> Thanks, >> Tony Hi Tony, Costs associated with this service extension are the responsibility of the developer. Katie Appen From: Tony Christie ---------------------------------- Sent: April 27, 2023 9:23 AM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Re: 1000 New Dundee Road Thanks, Katie. What will the extension of services cost? Who bears this cost? Sent from my iPhone > On Apr 27, 2023, at 8:38 AM, Katie Anderl <Katie.Anderl@kitchener.ca> wrote: > Hi Tony, > I've attached a copy of the proposed draft plan for your information which shows the 2 block hectares and the development block is 4.6 hectares. > Servicing is proposed to be extended along New Dundee from the direction of Robert Ferrie. > Please let me know if you have further questions, > Katie > -----Original Message----- > From: Tony Christie ---------------------------------------- > Sent: Wednesday, April 26, 2023 7:54 PM > To: Katie Anderl <Katie.Anderl@kitchener.ca> > Subject: 1000 New Dundee Road > Hey Katie, hope this finds you well. Couple questions. About 1000 New Dundee Rd. > 1. The application designates 2 "blocks" (the built part and the wetland, etc part). Can you pl size(s) of these? > 2. You'd mentioned that services (water, sewers, idk what all) would be extended from the a Appen and Robert Ferrie? (Or have I got this wrong?) > Sent from my iPhone > <1000 New Dundee - Draft Plan.pdf> Tony Christie 10/11/2022 Hi Tony, The roadway you are seeing internal to the site is actually a private condominium road, and we street and provide access/frontage---------------------------------------------------------------. The condo couple of metres below the grade -------------------------- and a retaining wall constructed near th of 1000 New Dundee Road. With respect to access to commercial, currently New Dundee Road has a rural cross-section (2 ditches). However as Doon and the south part of the City of Kitchener continues to grow this F improved by the Region. You may be aware that a roundabout is planned near Robert Ferrie a Hallman. I believe that construction is scheduled for the summer of 2024 (https://www.engag dundee-road-roundabout/widgets/101854/photos/24199) (https://www.engagewr.ca/propos fischerhallman-and-new-dundee). I expect that over the coming years the Region will also rebs Dundee so that it becomes more urban. At such time as its rebuilt they would likely include pe facilities such as sidewalk and bike lanes or a multi -use trail that will facilitate better access alo clarity, this site is proposed to be 127 units (not 500) and would ensure that the sidewalks inte to connect at regular intervals to sidewalks or a Multi -use pathway which may be constructed The applicant has also prepared servicing plans that are being reviewed by the City and Region that services would need to be extended from the east (Robert Ferrie) along New Dundee Roa( Kind Regards, Katie From: Tony Christie ----------------------------------------- Sent: Wednesday, October 19, 2022 8:48 AM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Re: Questions and concerns re "Development" Proposal Appen I'm trying to think where the nearest city and other services are. So how does this community drinking water, sewage, storm water mgt„ natural gas etc. grids? From: Tony Christie --------------------------------------- Sent: October 19, 2022 8:38 AM To: Tony Christie --------------------------------------- Subject: Re: Questions and concerns re "Development" Proposal Also, the purple areas on the map you sent me appear only to be accessible via a route that in( on Regional Road 12. How might the planning process facilitate and ecourage safe foot, bicycle communication between the proposed development and these? 500 plus units means lots of k people, pets... Sorry to pester you with these sporadic micro -questions. I work a full time job and can only usE during the day. From: Tony Christie --------------------------------------- Sent: October 19, 2022 8:13 AM To: Katie Anderl <katie.anderl@kitchener.ca> Subject: Re: Questions and concerns re "Development" Proposal Thanks, Katie, Re access to a public road. The plan appears to have a substantial roadway dead -ending Tony From: Katie Anderl <Katie.Anderl@kitchener.ca> Sent: October 18, 2022 3:22 PM To: Tony Christie --------------------------------------- Cc: Richard Kelly-Ruetz <Richard.Kelly-Ruetz@kitchener.ca> Subject: RE: Questions and concerns re "Development" Proposal Hi Tony, Appen My colleague Richard will be able to help with respect to questions about the zoning and desig property. I've cc'd him here. It looks like your property is designated Natural Heritage Conser) Rise Residential ------------------------------ It also has the same FTR zone as 1000 New Dundee Ro; owner proposed development, the boundary between the developable area and wetlands woL environmental studies. The development proposal would have to be evaluated through a full r would likely include environmental, engineering/servicing plans and reports, planning studies rri With respect to your questions regarding the development application I can provide the follow Schools — both the public and catholic school boards and will provide comment. Transit — I don't believe that Grand River Transit currently has a route on this section of New D new neighbourhoods grow and there is further development in the south pat of Kitchener, the transit routes and may elect to add bus routes over time. Retail — there are a number of commercial (purple) and mixed use (light blue) sites planned in 1 shown on the map below. I don't know whether these would provide for a grocery store, how opportunity for other neighbourhood scale commercial uses. Trespass onto neighbouring lands —the developer will be required to install a fence between tl the protected environmental area to prevent access. ---------------------------------------------------- - Appen If you have specific questions about the zoning of your property or the designation or the proc applied Richard will be able to assist you. Thanks, Katie From: Tony Christie --------------------------------------- Sent: Monday, October 17, 2022 1:28 PM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Re: Questions and concerns re "Development" Proposal Sorry Katie if my statement re seeking legal advice sounds belligerent. It's not meant to. I'm als any severance/development potential ------------------------------------ understanding these mattes don't mean to imply that I have any dispute with the 2014 designation. On its face it seems inn perhaps I don't understand it fully and it behooves (ha!) me to do so. Yours non-beligerently, Tony From: Tony Christie --------------------------------------- Sent: October 17, 2022 12:19 PM To: Katie Anderl <katie.anderl@kitchener.ca> Subject: Re: Questions and concerns re "Development" Proposal 4. What responsibility, if any, does the developer assume to prevent trespass, dumping, etc ---. Thx Tony From: Tony Christie ----------------- Sent: October 17, 2022 12:08 PM Appen To: Katie Anderl <katie.anderl@kitchener.ca> Subject: Re: Questions and concerns re "Development" Proposal Thanks, Katie. I'm still a bit confused by the 2014 designation and I'm seeking legal advice to hE my mind. As you might imagine, I'm a bit taken aback that this is the first I'm hearing of it, eigh A couple further questions have occured to me. 1. Where will the children go to school? 2. Where will the residents be expected to ago for food, etc. 3. What sort of public transit is planned? Thanks, Tony From: Katie Anderl <Katie.Anderl@kitchener.ca> Sent: October 12, 2022 4:20 PM To: Tony Christie --------------------------------------- Subject: RE: Questions and concerns re "Development" Proposal Hi Tony, I have provided some additional information and explanation on the various lines shown on th Subdivision (attached) — which I believe is what you are referencing. Below, I've pasted an exc Environmental Impact Study completed by the applicant for 1000 New Dundee Road which me the environmental features. With specific regard to your questions (I've provided responses in blue): Appen Appen 1.Under what aegis has a portion of the property at ---------------------------------------- been desigr Heritage Area"? When and how did this designation come into existence? The Natural Heritage Conservation Designation was applied to the property through the City's conformity with the Reginal Official Plan and Provincial Policy Statement to recognize the envir Creek, Regulatory Floodplain, Provincially Significant Wetland) located on the subject property Grand River Conservation Authority (see attached map). The environmental features have beE development prohibited for many years. The Natural Heritage Conservation designation recogi and the natural feature (creek and wetland complex). The label on the plan recognizes this de 2. What process has led to the purported change to the "Wetland Limit" such that there is a nE wetland limit extend onto the property at ---------------------------------------? The wetland limit it not 'new' but has been 'refined'. An Environmental Impact Statement (EIS) Region and/or GRCA to support a development application if adjacent to lands designated Nat Conservation. A requirement of an EIS is to accurately depict/survey the location of environm( inventories and surveys are conducted that will often result in refinements to more accurately features from what has been mapped in the Official Plan and/or by the Grand River Conservati in this area is quite large and extends upon multiple properties. 3. How does the Existing Floodline relate to the two (old and new) Wetland Limits? What is a F Wetland Limit? How are these determined? The "floodline" and the "wetland limit' denote different features and they are not necessary cc - The 'Floodline' indicates the extent of flooding hazard. In the case of a flooding situation, thi! how far the flood may extend to based on the elevation of the lands. The GRCA establishes the and this would have been in place for many years. The dark blue line on the map above is the by the GRCA, and you can see that it continues--------------------------------------------------------------. the floodline cannot be developed. - The 'wetland limit' is the edge of the edge of the natural feature. This boundary is establishe GRCA on site. In short, the edge of the wetland is staked in the field and agreed to by environr the environmental consultants, City, Region and GRCA and then surveyed. This is shown as the map above. The wetland limit has not been studied on the lands ------------------------- so the exa expect it would continue from where the established line ends at the property line and would Appen there. In this case, this is a provincially significant wetland and there is also a 30 metre buffer buffer ensures that any development occurs well away from the sensitive natural feature in or it. Should someone propose new development at ---------------------------------------they would ha, types of studies as at 1000 New Dundee to establish the wetland limit. ---------------------------------------is currently zoned "Future Use Zone (FTR-1)" in the City's new zoi approved by Council in March. The purpose of this zone is to allow existing uses (such as a hou studies/applications can be done to confirm the boundary between developable areas and nat property. The FTR-1 zone recognizes that your property has both developable land and natural meant to be a "holding zone" of sorts until more studies are completed. Please let me know if you have any further questions. Thanks! Katie From: Tony Christie --------------------------------------- Sent: Tuesday, October 11, 2022 5:11 AM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Re: Questions and concerns re "Development" Proposal Further to Question 2. in my previous email... How does the Existing Floodline relate to the twc Limits? What is a Floodline? What is a Wetland Limit? How are these determined? 1. Under what aegis has a portion of the property at -- "Existing Natural Heritage Area"? When and how did this designation come intc What process has led to the purported change to the "Wetland Limit" such tha Thanks, Tony Christie Appen Tony Christie 09/22/2022 Thanks for the PDF files and web links. Hard copies would be better still. From: Tony Christie Sent: September 22, 2022 1:52 PM To: Katie Anderl <katie.anderl@kitchener.ca> Subject: ---------------------------------- Anthony Christie ---------------------------------- -------------------------------- Kitchener, ON ------------------ From: Katie Anderl <Katie.Anderl@kitchener.ca> Sent: September 22, 2022 1:01 PM To: Tony Christie ---------------------------------- Subject: RE: ----------------------------------------- Hi Anthony, I have received your email and voicemail with respect to the notice your received about a prop New Dundee Road. Attached, please find PDF copies of the images included on the postcard — to read. On the Proposed Draft Plan of Subdivision, the green area of land closest to Dodge Drive conta proposed to be zoned Natural Heritage Conservation and dedicated to the City. The lands clos and shown as yellow is proposed to be zoned to permit the condominium townhouses. Additional information and reports will be posted on our website shortly, however there is son making the request to post and it going 'live' . You should be able to find additional informatio https://experience.arcgis.com/experience/bb2db3e6lbd043209clfl6dl6a3cedOcZ Appen With respect to the application process, this post card is intended to be a preliminary notice — highlevel comments or questions you might have. We will schedule a Neighbourhood Informa and there will continue to be additional opportunity to provide input after the October 12 at ai Neighbourhood Information Meeting. If you could confirm your mailing address I'd be happy to add you to our list of parties who are informed and receiving future correspondence about this application. Thanks, Katie From: Tony Christie ----------------------------------- Sent: Thursday, September 22, 2022 12:33 PM To: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: ---------------------------------- Hello Ms Anderl, My name is Anthony Christie. I am I received your postcard sketching, in extreme miniature, what looks to be a substantial townh ------------------------------------------------- . In order to comment in any sort of informed manner I %A than is provided on the card. The card suggests I might be able to get this by visiting www.kitchener.ca/planningapplications but this website doesn't work very well on my phone's can find nothing relevant there. Please with all possible haste send me full sized hard copies of any and all documents associat( such as might be of interest and use in helping me understand what is being asked if me by Oct change that date to, say, January 12th, 2023, in order that I have time to do whatever may nee Thanks Anthony Christie Appen ---------------------------------- ---------------------------------- Kitchener, ON Tom 12/02/2022 Hello Woodcock Thank you for the information, and the contact info for the PM of the New Dundee Road desigi information, I agree that effects from storm water at this development will minimal on ground presumably the Roseville Swamp. I am less convinced about the salt, particularly since this dev many more in the area. However, I will be sure to read the entire water report when I get the c Best wishes, Tom Tom Woodcock, Ph.D. Planning Ecologist rare Charitable Research Reserve 1679 Blair Road, Cambridge ON N3H 4R8 phone: 519-650-9336 x121 fax: 519-650-5923 email: tom.woodcock@raresites.org website: raresites.org From: Katie Anderl <Katie.Anderl@kitchener.ca> Sent: December 5, 2022 1:50 PM To: Tom Woodcock <Tom.Woodcock@raresites.org> Cc: Carrie Musselman <Carrie.Mussel man@kitchener.ca> Subject: RE: 1000 New Dundee Road Hi Tom, Thanks for providing these additional comments. We have provided a number of responses be The reports and studies submitted by the applicant in support of their application are all availa EIS, SWM, etc) should you wish to review them more closely: https://app2.kitchener.ca/AppDocs/OpenData/AMANDADataSets/Supporting Docum Appen Thanks again for your participation in the process, Katie From: Tom Woodcock <Tom.Woodcock@raresites.org> Sent: Friday, December 2, 2022 11:42 AM To: Katie Anderl <Katie.Anderl@kitchener.ca> Cc: Carrie Musselman<Carrie.Mussel man@kitchener.ca>; Tom Woodcock <Tom.Woodcock@r Subject: RE: 1000 New Dundee Road Dear Katie and Carrie I attended the neighbourhood meeting last night on Zoom, thank you for hosting that and pro\ adjacent property owners. I would like to submit the following comments, which I am happy tc • Overall I think that the design of the development is good, with a higher than required parking. I have no doubt that existing roadways can handle a relatively small amount o although this may not be the case as more density and greenfield developments enter on our experiences with larger subdivisions and traffic concerns near our land trust pr( am not in favour of increasing number or capacity of roads to improve the convenience vehicle operators, particularly only for short "rush hour" periods each day. More about however • 1 was pleased to see that the natural heritage area around Blair Creek and its buffer ar( area, rather than simply as extended amenity areas for recreation of the residents. We our own properties that trails lead to many issues, such as dumping, dogs, motorized v etc., so it is good that exclusion fencing and signage is planned to protect the area, incl had to speak to other municipalities about buffers being used for trails, structures, etc, that the area be appropriately monitored and managed by the City to prevent these is: years and decades to come. The City will have an access easement from the southern side of the property to respond to any concerns. • 1 had asked a question in the Q+A last night about the discharge from the SWM pond, l did not seem equipped to address the concern, so I thought I would provide the comm Appen a. The discharge of the SWM pond into Blair Creek requires more explanation. Tl describing an infiltration gallery was confusing, as that is not something that *i have, however the respondent may have been referring to a cooling trench to addition to thermal issues, stormwater discharged to Blair Creek would also hZ Unlike other pollutants such as fertilizers and metals, there is no mechanism b' salt can be removed from water, short of reverse osmosis or distillation/evapo stormwater pond is collecting water from roads and driveways (as opposed to measures, see below) a winter bypass should be considered to mitigate salt. b. I do not imagine that the GRCA would support winter stormwater discharge to 23 they are not allowed to comment on water pollution issues in their evaluati c. Preferred modern stormwater management on residential properties would it which may have led to the confusion described above. Clean runoff (i.e. that fr has not been in contact with motor vehicle traffic) would pass into the gallerie level of the lot (or maybe a few lots for townhouses). This supports groundwat water, without salt. Division of stormwater based on its source, with separate be considered for this project to support groundwater and Blair Creek (and po! The City of Kitchener has adopted a Watershed Planning Process for development within the Ci the City of Kitchener Integrated Stormwater Management Master Plan (ISWM-MP) documents objectives for stormwater management within the City of Kitchener. • The stormwater controls for this development will use a treatment train approach, m treatment systems (in a consecutive order) to manage stormwater flows. The advar provides greater flexibility and opportunities to discharge water into the natural env, more closely mimics 'natural' conditions. • Of particular importance for this development is providing water to the wetland in a c landscape. This offers opportunities for groundwater recharge, which is important for Creek and controlling/reducing the volume of surface water discharged to the et groundwater infiltration. • The treatment of stormwater will be managed through a series of infiltration galleries t the site. These infiltration galleries will be sized to manage frequent storm events up to result in no surface discharge from the site under events less than 25 mm. Larger ever pond, which will discharge to an infiltration gallery, with excess water discharged nortF dispersed surface flow. Appen • It is understood that all runoff generated on the roadway will be conveyed to an oil-gi wet pond, end -of -pipe infiltration gallery, and into Blair Creek. The purpose of tf appropriate levels of total soluble solids (TSS) prior to entering the system. • The on-site storm sewers will be sized to convey the flows generated by the 5 -year des. collected in the storm sewers will be directed to an OGS unit located at the east side o stormwater management facility, followed by an end -of -pipe infiltration gallery. • The runoff generated on the Site will ultimately discharge to Upper Blair Creek at the ni • The proposed SWM design incorporates a distributive groundwater recharge approach even enhance the existing shallow groundwater flow to the wetland and Blair Creek. • The SWM design is also intended to help mitigate thermal impacts to Blair Creek as the all directed to the infiltration galleries and not discharge directly into the creek. It is c will help to maintain the hydrology of the PSW, maintain the thermal regime of Blair Cre erosion risks. • The Hydrogeological Assessment Report demonstrates a sufficient regard for me groundwater issues, such as, but not limited to, seasonal groundwater level fluctuations, water supply issues, groundwater mounding, and short-term construction dewaterin( average linear groundwater velocity (0.4m/day) predicted travel times to Blair Creek, ) north of the northern most edge of development, will achieve greater than six-montf therefore temperature impacts to Blair Creek are not anticipated. • A chloride impact assessment for the Site was prepared as part of the storm water man( impacts to the groundwater system, and if necessary, mitigate the impacts by propos and construction techniques. The assessment requires the calculation of the salt loadinc the groundwater so as to ensure that groundwater chloride concentrations will remain Guidelines established by the Ministry of the Environment, Conservation and Parks (ME MOE). The results indicated that the proposed design will meet the Ontario Drinkin Reasonable Use Concept limit. My concern for rare's own property in the Roseville Swamp feature includes discourag features on the south side of New Dundee Rd. It is good that sound and privacy barrier the development will be installed, at least over part of the southern boundary. The key attention of residents to the conservation land, and not providing an easy means of ac concerned by the discussion of road upgrades on New Dundee Rd scheduled for 2030. road adjacent to the Roseville Swamp is not developed, I would suggest no multi -use ti access to our property be included in future, but confined to the north side of the roac Appen contact information for those working on this project at the Region, I would like to exp implications of increasing human access to the properties. Please contact Saman Ajamzadeh (project manager) Ph — 226-750-7503, Email — saiamzadeh@regionofwaterloo. ca for additional information future improvements to P Thankyou Tom Tom Woodcock, Ph.D. Planning Ecologist rare Charitable Research Reserve 1679 Blair Road, Cambridge ON N3H 4R8 Appen .-Pity of Kitchener- Planning Division E 200 King Street W est, fit' Floor Box "1118itchener DN N2GG7