HomeMy WebLinkAboutDSD-2025-039 - Draft Plan of Subdivision Modification Aplication (30T-08204) - Official Plan Amendment Application OPA24/015/T/AP - Zoning By-law Amendment Application ZBA24/010/T/AP - 468 Trussler Road - Activa Holdings Inc.Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 11, 2025
SUBMITTED BY: Garett Stevenson, Director of Development and Housing
Approvals, 519-783-8922
PREPARED BY: Andrew Pinnell, Senior Planner, 519-783-8915
WARD INVOLVED: 5
DATE OF REPORT: July 18, 2025
REPORT NO.: DSD -2025-039
SUBJECT: Draft Plan of Subdivision Modification Application (Stage 4,
30T-08204)
Official Plan Amendment Application OPA24/015/T/AP
Zoning By-law Amendment Application ZBA24/010/T/AP
Address: 468 Trussler Road
Owner: Activa Holdings Inc.
RECOMMENDATION:
That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O.
1990, Chapter P 13, as amended, modify the conditions of draft approval for Draft
Plan of Subdivision Application 30T-08204, in the City of Kitchener, for Activa
Holdings Inc., in the form shown in the Third Modification to Conditions of Draft
Approval, attached to Report DSD -2025-039 as Attachment `A'; and,
That Official Plan Amendment Application OPA24/015/T/AP for Activa Holdings Inc.
be approved, in the form shown in the Official Plan Amendment attached to Report
DSD -2025-039 as Attachment `B'; and further,
That Zoning By-law Amendment Application ZBA24/010/T/AP for Activa Holdings
Inc. be approved in the form shown in the Proposed By-law and Map No. 1, attached
to Report DSD -2025-039 as Attachment `C'.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide a planning recommendation regarding a Draft
Plan of Subdivision Modification, an Official Plan Amendment Application, and a
Zoning By-law Amendment Application, to allow Stage 4 of the subject subdivision to
be developed for Multiple Residential (111-222 dwelling units), Open Space / Trail,
and Road Widening purposes.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 19 of 321
• Development and Housing Approvals staff recommends approval of the applications
subject to the conditions outlined in the report. The development proposal represents
good planning and will allow for the completion of the residential portions of the
subdivision.
• Community engagement included mailing postcards advising of the applications to all
occupants within 240 metres of the subject lands on November 28, 2024. The Official
Plan Amendment and Zoning By-law Amendment Applications were originally
advertised in The Record on November 28, 2024. A notice sign was posted on the
property and information regarding the applications were posted to the City's website
in November 2024. The staff report was posted to the City's website with the agenda
in advance of the Council / Committee meeting. Notice of the Public Meeting was
posted in The Record on July 18, 2025 (a copy of the Notice may be found in
Attachment `D'). Postcards advising of the consideration of these applications by
Committee / Council were sent to all occupants within 240 metres of the subject lands,
prior to the Committee meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject lands are owned by Activa Holdings Inc. and are located within the Laurentian
West Community, on the west side of Kitchener, abutting Trussler Road, which is the
western boundary of Kitchener. The subject lands are addressed as 468 Trussler Road,
also identified as Stage 4 of Draft Plan of Subdivision 30T-08204.
Figure 1 — Map showing the Subject Area, addressed as 468 Trussler Road, and
identified as Stage 4, Draft Plan of Subdivision 30T-08204
The Draft Plan of Subdivision was originally draft approved by the Ontario Municipal Board
(OMB; now the Ontario Land Tribunal) via an Order issued March 3, 2015, which draft
Page 20 of 321
approved the subdivision as of January 8, 2015. The OMB also approved a related Official
Plan Amendment (OPA) and Zoning By-law Amendment (ZBA).
Draft Plan of Subdivision 30T-08204 comprises 4 Stages and a total land area of 55.64
hectares (137.5 acres). The subdivision facilitates low rise residential land uses with a
range of 679 - 1,238 dwelling units, in the form of single detached dwellings, multiple
residential, and mixed use / multiple residential development. The subdivision also
features a school site, woodland (7.5 ha), parks / parkettes, trails, pumping station,
stormwater management facilities, and roads.
Apart from the school block (i.e., Stage 3), the subject lands (i.e. Stage 4) represent the
last subdivision stage to be registered as part of the Draft Plan. The subject lands include
3 subdivision blocks totaling 4.3 hectares (10.64 acres) in land area.
The subject lands are irregular in shape and are bounded by Highway 7/8 to the north,
Trussler Road and the Kitchener -Wilmot boundary to the west, an Open Space /
Stormwater Management block to the south (registered along with a previous stage of the
subject draft plan), and lands that are planned primarily for low rise residential
development (dwelling construction started). The subject lands front and have access only
onto Benninger Drive, which was developed along with Stages 1 and 2 of the Draft Plan.
It should be noted that the lands addressed as 493 Trussler Road, on the opposite side of
Trussler Road, in Wilmot Township, are occupied by an equestrian establishment. The
equestrian establishment is a semi -private boarding stable and presently houses horses.
Staff understand from the applicant that the equestrian establishment can accommodate a
maximum of 56 medium -frame horses.
Activa Holdings Inc. has requested approval of a modification to Draft Plan of Subdivision
Application 30T-08204, an Official Plan Amendment, and a Zoning By-law Amendment to
allow Stage 4 of the subject subdivision to be developed for Multiple Residential (111-222
dwelling units), Open Space / Trail, and Road Widening purposes.
REPORT:
Reauested Modification to Draft Plan of Subdivision:
Following the March 2015 OMB Order that originally draft approved the subject Draft Plan
of Subdivision Application 30T-08204, the City of Kitchener approved two modification
applications. The latest modification resulted in the approval of the current Draft Plan
(drawing), dated March 6, 2018 (see Figure 2, below).
Page 21 of 321
STAGE I LAND USE MAX, # UNITS AREA (ha) STAGE 2 LAND USE MAX, #UNITS AREA (ha,) STAGE 3 LAND USE MAX, #UNITS AREA (ha.)
1.127 Single -Detached 127 4,836 1.34 Sirqlo-DetaOied 441394 12.427 I &J1001 31163 2 727
128.132 Mixed Uso(MuHiide Res. 18&377 0,267 35 Multiple Roddential 28155 0.921 TOTAL 31/63 2.727
133 Open spacelpa(k 0819 36.39 Open Spacidlowk 1,598
134 Open SPWOISWM 1.638co/W
35 40 Open Spaoodland 7,443
135,136 Fultire Dmiopment 021M 41 Open Spawffrall 0.074STAGE 4 LAND USE MAX.4UNITS AREA (ha.)
137-141 Road Wldenknq 0,449 42 Opel) spacelswM 1.770 1 Mulilple Regidenfial 11102 3693
142,'143 0 U Roselver, 0.002 4345 F oblic Walkway 0.072 2 Open $pacelflall 0.558
144 pumphig $fadoo 0,096 40 SeNice Corridor 0m0 3 Road Wildening 0.055
Reads 3,306 47 lwail Widening iim i"oTAL 111/222 4.306
TOTAL 315/504 17,814 48'.51 0.3m Reserves 1,114 TOTALS MAX. N UNITS AREA (ha.)
Ponds 6,067
TOTAL 2221449 3t091 197 67911238 55.94
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Subject to the conditions, It any, set forth In our letter dated
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Manager of Devoloiannont Review
SUBDIVISION APPLICATION 30T-08204
PLAN OF SUBDIVISIONua
. . .. ... ....................................
I ZONE C1 JANGE APPLICATION ZC08117/T/JVW
ACTIVA HOLDINGS INC. SCAI E 1:5,500
City of Kitchener
PT OF LT S 46,129 AND 130, G.C.T. Community Servioms Department, Planning d.0
Figure 2 — Draft Approved Plan of Subdivision 30T-08204. Stage 4 (subdivision stage
affected by the subject applications) is outlined in red
Page 22 of 321
The applicant is now requesting a further (third) modification to the Draft Plan of
Subdivision Application. The requested modification would allow development of Stage 4,
being the last residential stage of Draft Plan of Subdivision 30T-08204, for Multiple
Residential (111-222 dwelling units), Open Space / Trail, and Road Widening (Trussler
Road) purposes. If the subject modification application is approved and registered, the
school block (Stage 3) would be the only subdivision stage that remains unregistered.
Through the requested modification, only the Draft Approval conditions are proposed to
change, as outlined below (see Attachment `A'). It should be noted that the Draft Plan
drawing is not proposed to be changed. The purpose of the requested modification is to
delete Conditions 6.28 and 2.1.36. The wording of both Conditions 6.28 and 2.1.36 is the
same:
"The SUBDIVIDER agrees that Stage 4 shall not be registered until the holding
provision is removed from the subdivision lands within Stage 4 by by-law."
These conditions relate to Holding Provision (30H) within Zoning By-law 2019-051, which
requires that development comply with the Minimum Distance Separation (MDS) Formulae
for the equestrian establishment located west of Trussler Road, in Wilmot Township.
The reason for the modification to the conditions of Draft Approval is to delete the
requirement for Minimum Distance Separation (MDS) since, under the Provincial Planning
Statement (PPS), MDS cannot legally be applied to the subject lands which are within an
existing settlement area, despite the potential for odour impacts on the proposed
subdivision stage associated with the existing equestrian establishment. The Province's
policies do not apply to require MDS within settlement areas. Since the Ontario Municipal
Board draft approved this Plan of Subdivision, the Provincial Planning Statement (formerly
Provincial Policy Statement) has changed to require that MDS only be applied in the case
of new settlement areas and settlement area boundary expansions, rural lands, prime
agricultural areas.
Notwithstanding, the subdivision modification request to delete the MDS -related
requirements, the applicant is amenable to adding a subdivision condition that would
require an odour -notification clause to be included in all future Agreements of Purchase
and Sale and all future lease/rental agreements, as follows:
"The SUBDIVIDER agrees to include the following notification clause in all future
Agreements of Purchase and Sale and all future lease/rental agreements and
condominium declarations for all residential dwelling units within Stage 4, relative to
odours associated with the nearby equestrian establishment:
WARNING: Purchasers/tenants within Stage 4 are advised that this dwelling unit
is located within proximity of an equestrian establishment/livestock use, which is
in continuous operation and which operations will create, without limitation,
odours associated with animal manure and manure storage.
Purchasers/tenants are advised that this dwelling unit has been supplied with a
central air conditioning system which will allow windows and exterior doors to
Page 23 of 321
remain closed, thereby reducing odour levels associated with nearby livestock
uses.
• Purchasers/tenants are advised that despite the inclusion of central air
conditioning, odour levels within the dwelling unit and within outdoor living areas
may on occasion interfere with some activities of the dwelling occupants."
A condition has also been added requiring the Subdivider / Owner / Builder to design all
dwelling units with an air -ducted heating and ventilation system, suitably sized and
designed and installed with a central air conditioning system, and to install these systems
prior to occupancy of each unit.
The purpose of these conditions is to notify prospective purchasers and renters of
potential odours and to ensure that central air conditioning is installed in each unit to allow
windows and doors to remain closed during warm weather, so that occupants can avoid
odours.
In addition to being established in the Zoning By-law, the MDS requirement related to the
equestrian establishment is further entrenched through parallel Specific Policy Area #24 in
the 2014 Official Plan. Through the subject Official Plan Amendment and Zoning By-law
Amendment Applications, the above noted MDS requirements are proposed to be deleted
(see below sections entitled, Requested Official Plan Amendment and Requested Official
Plan Amendment, for more details).
Planning Analysis:
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,
f) The adequate provision and efficient use of communication, transportation,
sewage and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support
public transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive
and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
Page 24 of 321
These matters of provincial interest are addressed and are implemented through the
Provincial Planning Statement, 2024, 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 Planning Statement, 2024 and to ensure Provincial policy is adhered to.
Provincial Planning Statement, 2024 (PPS):
The Provincial Planning Statement (PPS), 2024 is a streamlined province -wide land use
planning policy framework that replaces both the Provincial Policy Statement, 2020 and A
Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while building upon
housing -supportive policies from both documents. The PPS 2024 came into force on
October 20, 2024.
According to the Province, the PPS 2024 provides municipalities with the tools and
flexibility they need to build more homes. It enables municipalities to:
• plan for and support development, and increase the housing supply across the
province
• align development with infrastructure to build a strong and competitive economy
that is investment -ready
• foster the long-term viability of rural areas
• protect agricultural lands, the environment, public health and safety
Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promote planning for people and homes and
supports planning authorities to support general intensification and redevelopment while
achieving complete communities by, accommodating an appropriate range and mix of land
uses, housing options, transportation options with multimodal access, employment, public
service facilities and other institutional uses, recreation, parks and open space, and other
uses to meet long-term needs.
The PPS provides numerous MDS -related policies, which apply to new settlement areas
and settlement area boundary expansions, rural lands in municipalities, and prime
agricultural areas. However, under the PPS, the subject lands are identified as being
within a settlement area. In this regard, Policy 2.3.1.1 states that "Settlement areas shall
be the focus of growth and development. Within settlement areas, growth should be
focused in, where applicable, strategic growth areas, including major transit station areas."
In this regard, settlement areas are to be the focus of growth and development. Moreover,
there are no policies in the PPS to require that MDS be applied within settlement areas.
OMAFA Guideline 853:
OMAFA provides guidelines for the implementation of MDS via Publication 853 and
applies to all Planning Act applications made after March 1, 2017. DHA staff has
confirmed with OMAFA directly that MDS does not apply within settlement areas.
Page 25 of 321
Regional Official Plan (ROP):
The subject property is located in the Urban Area and Designated Greenfield Area in the
Regional Official Plan (ROP). Urban Area policies of the ROP identify that the focus of the
Region's future growth will be within the Urban Area.
The ROP directs most of the region's future growth within the Urban Area to delineated
built-up areas through intensification. However, new development will also be directed to
designated greenfield areas, to accommodate some of the Region's forecasted growth.
It should be noted that Draft Plan of Subdivision 30T-08204 was originally approved
(2015) many years before Regional Official Plan Amendment #6 was approved (August
2022), which was a comprehensive update to the ROP. Accordingly, the original approval
did not consciously consider updates to sections of the ROP such as the update to Section
2.G, which states that,
"New greenfield communities will be compact and efficient to meet the vision and
objectives of this Plan. They will be designed as 15 -minute neigbourhoods that enable
people to live car -free or "car -lite" (i.e., households with fewer vehicles than workers)
by offering convenient access to a diverse mix of jobs, housing, schools, cultural, and
recreational opportunities, and local shops and food destinations."
However, it is understood that the subdivision met the Provincial Policy Statement in effect
at the time of the OMB approval in 2015. The requested modification represents a minor
modification that does not propose to change the layout of the subdivision or the land
uses, only to delete conditions, a Site Specific Policy in the Official Plan policies, and a
Holding Provision in the zoning that involve MDS matters related to the nearby equestrian
establishment. No other changes are proposed.
City of Kitchener Official Plan (OP):
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 subject lands are primarily within the Designated Greenfield Area, as outlined on Map
1 — City Urban Area and Countryside, though a narrow strip of the subject lands adjacent
to Highway 7/8 is within the Built Up Area.
The Official Plan states that "Although much growth will be accommodated within the Built -
Up Area, the Designated Greenfield Area is also an important location for planned growth.
Development in these areas will contribute to a healthy, complete and balanced
community. Generally, new development in this area will be planned and designed based
on transit routes (existing and planned) and walkability."
Page 26 of 321
Urban Structure
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
primarily identified as Community Areas, as outlined on Map 2 — Urban Structure, though a
narrow strip of the subject lands adjacent to Highway 7/8 is identified as Green Areas. The
Official Plan states that, "The planned function of Community Areas is to provide for
residential uses as well as non-residential supporting uses intended to serve the
immediate residential areas." Moreover, "Limited intensification may be permitted within
Community Areas in accordance with the applicable land use designation..."
The planned subdivision stage will facilitate residential uses. Staff is of the opinion that the
requested Subdivision Modification, Official Plan Amendment, and Zoning By-law
Amendment will support development that conforms to the City's Urban Structure policies.
Land Use Designation
The subject lands are designated `Low Rise Residential (LRR)', as outlined on Map 3 —
Land Use, though a narrow strip of the subject lands adjacent to Highway 7/8 is
designated `Open Space'. The Official Plan states that the purpose of the LRR designation
is to "accommodate a full range of low density housing types which may include single
detached dwellings, additional dwelling units, attached and detached, semi-detached
dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-
rise multiple dwellings, special needs housing, and other forms of low-rise housing."
Furthermore, "The City will encourage and support the mixing and integrating of innovative
and different forms of housing to achieve and maintain a low-rise built form."
The planned subdivision stage will facilitate a range of low density housing types, including
low-rise multiple dwellings.
Requested Official Plan Amendment:
In addition to applying the Low Rise Residential designation to the subject lands (and
Open Space designation for the trail along Highway 7/8), the Official Plan Amendment
(OPA) approved by the OMB in 2015 applied Specific Policy Area #24 Trussler Rd /
Highway 7 & 8 / Bleams Rd, as shown on Map 5 — Specific Policy Areas of the Official
Plan. The policy that applies to this Specific Policy Area is policy 15.D.12.24, which states,
"Any development within the identified area will comply with the Minimum Distance
Separation Formulae for any equestrian facility located west of Trussler Road in Wilmot
Township."
Through the review of the initially circulated Draft Plan of Subdivision Modification
Application and Zoning By-law Amendment Application, it was determined that an OPA
Application is also required to permit the lands to be developed with low rise multiple
residential development.
In this regard, the requested OPA seeks to delete Specific Policy Area 24 and associated
Site Specific Policy 15.D.12.24. The deleted policy would not be replaced with a new
policy.
Page 27 of 321
The rationale to delete Site Specific Policy Area 24 is the same as the rationale to delete
the subdivision draft approval conditions related to MDS: Under the PPS, MDS cannot
legally be applied to the subject lands which are within an existing settlement area. The
Province's policies do not apply to require MDS within settlement areas. Accordingly, DHA
staff is satisfied that the requested OPA to delete Site Specific Policy Area 24 and
associated Site Specific Policy 15.D.12.24 is justified.
Requested Zoning By-law Amendment:
In addition to applying the `RES -5' Zone with site specific provisions to the subject lands
(and OSR-2 Zone for the trail along Highway 7/8), the Zoning By-law Amendment (ZBA)
approved by the OMB in 2015 applied a Holding Provision, which was subsequently
renamed as Holding Provision (30H), through a comprehensive Zoning By-law review by
the City. Holding Provision (30H) states the following:
"Within the lands zoned RES -5 and OSR-2 and shown as affected by this provision on
Zoning Grid Schedules 8, 23 and 24 of Appendix A, the holding provision will not be
removed unless development within the identified area complies with the Minimum
Distance Separation Formulae for any equestrian establishment located west of
Trussler Road in Wilmot Township."
In this regard, the applicant has submitted a ZBA Application to permit the lands to be
developed with low rise multiple residential development. The requested ZBA seeks to
delete Holding Provision (30H). The deleted provision would not be replaced with a new
provision.
It should be noted that this request to delete the holding provision is different than a
request to lift the holding provision, the latter of which would require the condition to be
fulfilled (i.e., the subdivision would have to comply with MDS), though the outcome is the
same: the holding provision would cease to apply to the subject lands.
The rationale to delete Holding Provision (30H) is the same as the rationale to delete the
subdivision draft approval conditions related to MDS: Under the PPS, MDS cannot legally
be applied to the subject lands which are within an existing settlement area. The
Province's policies do not apply to require MDS within settlement areas. Accordingly, DHA
staff is satisfied that the requested ZBA to delete Holding Provision (30H) is justified.
Review Process:
Minor subdivision modifications, such as the subject application, are typically decided by
the Director of Development and Housing Approvals, rather than City Council. However, in
this case, there is an accompanying Official Plan Amendment and Zoning By-law
Amendment Application, which require decision by City Council, despite being technical in
nature and not controversial. For consistency purposes, staff made the determination to
prepare a single staff report that comprehensively addresses all three (3) related
applications and direct it to City Council for decision.
Page 28 of 321
Department and Agency Comments:
The Subdivision Modification and Zoning By-law Amendment Applications were circulated
to all applicable City departments and other review authorities on May 13, 2024. The
Official Plan Amendment Application was circulated to all applicable City departments and
other review authorities on November 26, 2024. Through the application review, staff has
addressed all comments. Copies of the comments are found in Attachment `E' of this
report.
The following reports and studies were considered as part of the subject applications:
Notice of Source Protection Plan Compliance
Prepared by: MHBC Planning, April 3, 2024
Planning Justification Report
Prepared by: MHBC Planning, April 2024
Planning Justification Report Addendum
Prepared by MHBC Planning, December 2024
Notice of Source Protection Plan Compliance (Section 59 Notice)
Prepared by MHBC Planning, April 3, 2024
Community Input:
The Official Plan Amendment Application was originally advertised in The Record on
November 28, 2024. Postcards were sent to all occupants within 240 metres of the subject
lands on November 28, 2024. A Neighbourhood Meeting was not deemed necessary
based on the scoped nature of the applications. Staff did not receive any comments from
the community in response to the circulation of the applications.
Planning Analysis and Conclusions:
Development and Housing Approvals staff is recommending approval of the requested
Subdivision Modification, Official Plan Amendment and Zoning By-law Amendment. The
applications would facilitate the development of the final residential stage (i.e., Stage 4) of
the overall subdivision. Stage 4 is planned for Multiple Residential (111-222 dwelling
units), Open Space / Trail, and Road Widening purposes. The overall subdivision features
the development of low rise residential land uses with a range of 679-1,238 dwelling units,
in the form of single detached dwellings, multiple residential, and mixed use / multiple
residential development. The subdivision also features a school site, woodland (7.5 ha),
parks / parkettes, trails, pumping station, stormwater management facilities, and roads.
The compatibility questions related to the nearby equestrian establishment that resulted in
Minimum Distance Separation (MDS) requirements have been adequately addressed; it
has been determined that MDS does not apply within settlement areas, such as the
subject lands. Draft approval conditions have been added to notify prospective purchasers
and renters of potential odours and to ensure that central air conditioning is installed in
each unit to allow windows and doors to remain closed during warm weather, so that
occupants can avoid odours.
Page 29 of 321
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 sidewalks, streets, street trees, underground services, and other
infrastructure which is being dedicated to the City. In the long term, there will be repair and
replacement costs for streets, sidewalks and services. Following registration, there will 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.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee/ Council meeting. A notice sign was posted on the property and
information regarding the application posted to the City's website in November 2024.
Notice of the Public Meeting was posted in The Record on July 18, 2025 (a copy of the
Notice may be found in Attachment `D').
CONSULT — Postcards advising of the applications were sent to all occupants within 240
metres of the subject lands in April, 2025. The Official Plan and Zoning By-law
Amendment Applications were advertised in The Record on November 28, 2024. Staff did
not receive any comments from the community in response to the circulation of the
applications.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R. S. O. 1990, c. P.13
• Provincial Planning Statement, 2024
• Regional Official Plan, as amended by ROPA
• City of Kitchener Official Plan, 2014
• Zoning By-law 2019-051
• Ontario Municipal Board decision re Case No.
March 3, 2015
n
PL 110574, March 2, 2015 and
• KDA Report 18/14, Modifications to Conditions of Approval, Draft Plan of
Subdivision 30T-08204, April 16, 2018
• KDA Report 18/12, Modifications to Conditions of Subdivision 30T-08204, April
10, 2018
REVIEWED BY: Tina Malone -Wright - Manager, Development Approvals
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Page 30 of 321
Attachment `A' — Third Modification to Conditions of Draft Approval
Attachment `B' — Proposed Official Plan Amendment
Attachment `C' — Proposed Zoning By-law Amendment
Attachment `D' — Newspaper Notice
Attachment `E' — Department and Agency Comments
Page 31 of 321
DSD -2025-039 Attachment 'A'
Third Modification to Conditions of Approval
Draft Plan of Subdivision 30T-08204
Activa Holdings Inc.
468 Trussler Road
Pursuant to Section 51(44) of the Planning Act, R.S.O. 1990, and By-law No. 2002-164 of the
City of Kitchener, the Director of Development and Housing Approvals hereby modifies the
conditions of draft approval for Plan of Subdivision 30T-08204 for Activa Holdings Inc., in the City
of Kitchener, so that the conditions of draft approval read as follows (asterisk indicates revised
and/or new conditions, strikethrough indicates deleted conditions, and bolding denotes modified
wording):
That this approval applies to Plan of Subdivision 30T-08204 as shown on the attached plan
prepared by MacNaughton Hermsen Britton Clarkson Planning Limited dated March 6, 2018,
which shows the following:
Stage 1
Lots 1 to 127
Blocks 128-132
Block 133
Block 134
Block 135,136
Blocks 137-141
Blocks 142,143
Block 144
Stage 2
Blocks 1 to 34
Block 35
Blocks 36 to 39
Block 40
Block 41
Block 42
Blocks 43 to 45
Block46
Block 47
Blocks 48 to 51
- Single Detached (max. 127 units)
- Mixed Use/Multiple Residential (min.
- Open Space/Park
- Stormwater Management
- Future Development (SD, and Road)
- Road Widenings
- 0.3m Reserves
- Pumping Station
188 / max. 377 units)
- Single Detached (min. 194 / max. 394 units)
- Multiple Residential (min. 28 / max. 55 units)
- Open Space/Park
- Open Space/Woodland
- Open Space/Community Trail
- Stormwater Management
- Public Walkways
- Service Corridor
- Road Widening
- 0.3m Reserves
Stage 3
Block 1 - School (min. 31 / max. 63 units)
Stage 4
Block 1 - Multiple Residential (min. 111 / max. 222 units)
Block 2 - Open Space/Community Trail
Block 3 - Road Widening
Total Minimum 679 / Maximum 1, 238 units
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2.
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2. CITY OF KITCHENER CONDITIONS:
2.1 That the SUBDIVIDER shall enter into a CITY Standard Residential Subdivision Agreement,
as approved by CITY Council, respecting those lands shown outlined on the attached Plan
of Subdivision dated January 20, 2015, and last revised on March 6th, 2018 which shall
contain the following special conditions:
Part 1 - General Conditions
Part 2 - Prior to Area Grading
2.1 Prior to area grading, the SUBDIVIDER agrees to acquire a qualified Engineering Consultant who
shall prepare an Area Grading, Erosion and Siltation Control Plan to the satisfaction of the CITY's
Director of Engineering Services and those applicable CITY Departments in consultation with the
Regional Municipality of Waterloo and the Grand River Conservation Authority. Without limiting the
foregoing, the Erosion and Siltation Control Plan shall address the prevention of sedimentation into
open space Block 39, Stage 2.
2.15 Prior to area grading the SUBDIVIDER shall obtain approval of a Lot Grading Control Plan
showing the required elevation of each corner of each lot and block in the Plan and the
required elevation(s) of the building site as approved by the CITY'S Director of Engineering
Services, in consultation with the Regional Municipality of Waterloo, and the Grand River
Conservation Authority. Further, the SUBDIVIDER agrees to provide a digital copy of the
approved Lot Grading Control Plan to the CITY'S Director of Engineering Services once the
plan is approved.
2.16 Prior to area grading or registration, whichever occurs first, the SUBDIVIDER agrees to
submit the following to the satisfaction of the CITY's Coordinator, Cultural Heritage Planning:
a) A letter from a professional engineer outlining how the additions and cladding will be
removed from the existing dwelling at 2220 Ottawa Street South without
compromising the structural integrity of the plank construction prior to the issuance of
a building permit to demolish the existing residential building,
b) Photographic documentation of the original plank construction of the existing
residential building municipally addressed at 2220 Ottawa Street South prior to
demolition of the dwelling.
Part 3 - Prior to Servicing
3.5 The SUBDIVIDER agrees that prior to the CITY'S approval of servicing drawings for lotless
blocks intended for street townhouse dwellings or single, semi-detached or duplex dwellings,
to submit a draft reference plan for each Lot or block and obtain approval of such reference
plan from the CITYS' Directors of Planning and Engineering Services and HYDRO'S
Engineer.
3.18 Prior to servicing, the SUBDIVIDER shall submit for review a detailed Geotechnical and
Hydrogeological Investigation Report that discusses the suitability of soils to support the
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infiltration
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infiltration measures proposed to the satisfaction of the CITY'S Director of Engineering
Services.
3.19 That prior to servicing or registration, whichever occurs first, the SUBDIVIDER shall submit
a detailed Water Servicing Report that reviews the extent of the lands that can be serviced
by the municipal water distribution network to the satisfaction of the CITY'S Director of
Engineering Services and the Regional Municipality of Waterloo.
3.20 That prior to registration or servicing of Stage 2, whichever occurs first, the SUBDIVIDER
shall confirm that a legal outlet for post -development stormwater flows has been secured to
the satisfaction of the CITY's Solicitor and the Region's Solicitor in consultation with the
Directors of Engineering and Planning and the Regional Commissioner of Planning,
Development and Legislative Services. In the event that such a legal outlet for post -
development stormwater flows cannot be secured, the SUBDIVIDER must acknowledge and
agree that registration shall not proceed, unless alternative means of drainage can be
achieved to the satisfaction of the CITY's Director of Engineering Services in consultation
with the CITY's Solicitor and the Region's Solicitor and the CITY'S Director of Planning and
the Regional Commissioner of Planning, Development and Legislative Services.
3.21 That prior to servicing, the SUBDIVIDER agrees to implement a detailed "pre -construction"
monitoring program for stormwater management. The monitoring program is to be approved
by the CITY'S Director of Engineering Services in consultation with the CITY'S Director of
Planning, the Grand River Conservation Authority and the Regional Municipality of
Waterloo. The "pre -construction" monitoring program will document current groundwater
infiltration conditions, and will be used to provide baseline information to compare conditions
through the "during" and "post" construction monitoring periods.
3.22 That priorto servicing the SUBDIVIDER agrees to submit, obtain approval of, and implement
a detailed "during development" monitoring and response program for stormwater
management. The program is to be approved by the CITY'S Director of Engineering
Services in consultation with the Grand River Conservation Authority and the Regional
Municipality of Waterloo. The purpose of the "during development" monitoring program is to
ensure that the groundwater infiltration measures satisfy pre -development infiltration targets
specified in the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update -
CH2MHILL, 2008 report and that Chloride Impact assessments meet the Reasonable Use
Criteria of the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update -
CH2MHILL, 2008 report as approved. The "during development" monitoring program is to
extend until 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 in consultation with the Grand River Conservation Authority and the Regional
Municipality of Waterloo.
3.23 That prior to servicing the SUBDIVIDER agrees to submit, obtain approval of, and implement
a detailed "post development" monitoring program in accordance with the Alder Creek
Watershed and Upper Strasburg Creek Subwatershed Update - CH2MHILL, 2008 report as
approved. The program is to be approved by the CITY'S Director of Engineering Services in
consultation with the Grand River Conservation Authority and the Regional Municipality of
Waterloo. The purpose of the "post development" monitoring program is to ensure that the
stormwater management facility continues to satisfy the current pre -development conditions
for infiltration and to identify any specific additional requirements that may be necessary to
monitor, including but not limited to infiltration rates, water balance, stormwater quantity and
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quality and chloride impact assessments. The "post development" monitoring program will
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 in consultation with the Grand River Conservation Authority and the
Regional Municipality of Waterloo and coincide with the maintenance guarantee period
required in the CITY's Standard Form Residential Subdivision.
3.24 That prior to servicing the SUBDIVIDER agrees to implement any remedial action deemed
necessary (including additional monitoring for 2 additional years should chloride levels
exceed the Reasonable Use Criteria of Alder Creek Watershed and Upper Strasburg Creek
Subwatershed Update - CH2MHILL, 2008 report as approved, including the design and
installation of winter by-pass upgrades, if required) as a result of the aforementioned
monitoring program at their sole expense to the satisfaction of the CITY'S Director of
Engineering Services in consultation with the Grand River Conservation Authority and the
Regional Municipality of Waterloo.
3.25 Prior to servicing or registration, which ever shall occur first, the SUBDIVIDER shall prepare
a detailed engineering design for Storm Water Management including any requisite
monitoring and obtain approval thereof from the CITY's Director of Engineering Services in
consultation with the Grand River Conservation Authority and the Regional Municipality of
Waterloo. The Stormwater Management design shall be in accordance with the Alder Creek
Watershed Study (2007) and Alder Creek Watershed and Upper Strasburg Creek
Subwatershed Update-CH2MHILL, 2008. The approved engineering design for Storm Water
Management will include a maintenance program for a period of two years following 95%
build -out of the subdivision, which will ensure the stormwater management facilities function
as designed to the satisfaction on the CITY's Director of Engineering.
3.26 Prior to servicing or registration of Stage 1, the SUBDIVIDER agrees to obtain a confirmation
letter from the Township of Wilmot confirming adequate stormwater capacity in the
Mannheim Estates SWM facility and/or storm sewer system to the satisfaction of the Director
of Engineering Services.
3.27 Prior to Servicing of each stage requiring new stormwater management facilities, including
stormwater management ponds, infiltration galleries and other related appurtenances, the
SUBDIVIDER shall provide a letter of credit based on 60% of the estimated cost of the
approved infiltration facilities, and 100% of the estimated cost of any contingency infiltration
facilities to the satisfaction of the CITY's Director of Engineering Services. The Letter of Credit
will be reduced to 15% once 90% of the pond catchment area is stabilized (meaning buildings
are constructed and lot/blocks are sodded/vegetated), as well as any other requirements in
the monitoring program are completed; and the SUBDIVIDER's consulting engineer has
certified the infiltration facilities are functioning as intended and approved to the satisfaction
of the CITY's Director of Engineering Services. The balance of the letter of credit will be
reduced after the "post -construction" monitoring program has expired (two years after 90%
of the pond catchment area is stabilized, meaning buildings are constructed and lots/blocks
are sodded or vegetated) and the SUBDIVIDER'S consulting engineer has certified the "at
source" infiltration facilities continue to function as intended and approved to the satisfaction
of the CITY'S Director of Engineering Services.
3.28 Prior to Servicing, the SUBDIVIDER agrees to submit an infiltration design to meet the site
water balance. To support the design, the SUBDIVIDER shall submit for review a detailed
Geotechnical and Hydrogeological Investigation Report that discusses in further detail the
suitability of soils to support the infiltration measures proposed, including further soil
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investigations, to the satisfaction of the Director of Engineering Services in consultation with
the Regional Municipality of Waterloo and the Grand River Conservation Authority. If existing
soil conditions are not conducive to infiltration in the areas identified for infiltration, the
SUBDIVIDER agrees to replace existing soils with permeable soils. Any third pipe system
proposed to convey roof water to infiltration facilities may require additional financial
arrangements to be paid for by the SUBDIVIDER for replacement cost of such system. The
costs will be determined during the detailed design stage to the satisfaction of the CITY'S
Director of Engineering Services.
3.29 Prior to the Servicing or Registration, whichever shall occur first, of each stage, the
SUBDIVIDER shall prepare an On -Street Parking Plan and a Signage and Pavement
Marking Plan to the satisfaction of the CITY'S Director of Transportation Services, in
consultation with the CITY'S Director of Engineering Services and Director of Planning, in
accordance with the CITY'S On -Street Parking Policy 1-1070, as approved and amended.
The On -Street Parking Plan shall be considered in accordance with the servicing drawings
and shall generally provide for one on -street parking space with every two dwelling units
where reasonable. Other options such as driveway length, garage space, communal parking
facilities, and/or parking along the park frontage, may be considered in accordance with the
CITY'S Policy. The Signage and Pavement Marking Plan shall show all required Regulatory,
Warning, Information signs and Pavement Markings where applicable in accordance with the
Ontario Traffic Manual.
3.30 Prior to servicing or registration, whichever occurs first, the SUBDIVIDER agrees to submit a
functional design for the implementation of bicycle lanes, on -street parking and intersection
curb extensions on both sides of Benninger Drive, in accordance with the lotting plan and
On -Street Parking Plan, to the satisfaction of the CITY'S Director of Engineering Services in
consultation with the Director of Transportation Services.
Part 6 — Other Time Frames
6.11 The SUBDIVIDER agrees that no building permit shall be applied for or issued for the
following Priority Lots unless the building designs are in accordance with the approved
Design Guidelines for Priority Lots to the satisfaction of the CITY'S Chief Building Official, in
consultation with the CITY'S Director of Planning:
a) Corner (C) Priority Lots, being Corner Lots 8,15,39,47,51,81,82,88,92,93, and 97(Stage
1) and Blocks 2 to14, 17, 18 and 20 to 34 (Stage 2).
b) Terminating Vista (T) Priority Lots, being Lots 19,20,26,27,32,33 (Stage 1) and Blocks
132 (Stage 1); Blocks 6, 15 and 35 (Stage 2) and, Block 1 (Stage 4).
c) Gateway (G) Priority Lots, being Blocks 128,129,130,131, and 132 (Stage 1).
6.15 The SUBDIVIDER agrees that construction traffic for Stages 1 to 4 is restricted to Benninger
Drive to Ottawa Street South and Trussler Road. Construction traffic will be prohibited from
using any other streets in the community. The SUBDIVIDER agrees to advise all relevant
contractors, builders and other persons of this requirement with the SUBDIVIDER being
responsible for any required signage, all to the satisfaction of the CITY'S Director of
Engineering Services.
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6.16 The SUBDIVIDER agrees that if the existing private water supply is disrupted to properties
located adjacent to the plan, within two years of the completion and final acceptance of
underground services for the entire subdivision, as a result of the development of the
subdivision, the SUBDIVIDER shall provide at its cost a water supply, to the said properties,
to the satisfaction of the CITY'S Director of Engineering Services.
6.17 Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine the
locations of all centralized mail receiving facilities to the satisfaction of the CITY's Director of
Engineering Services in consultation with Canada Post and the City's Director of Operations.
If required, the SUBDIVIDER shall provide suitable temporary centralized mail box locations
that may be utilized by Canada Post until curbs, boulevards and sidewalks are constructed
for the plan of subdivision.
6.18 The SUBDIVIDER shall include a statement in all Offers of Purchase and Sale Agreements,
and/or Rental Agreements, which advises:
a) That the home/business mail delivery will be from a designated Community Mail Box;
and,
b) Homeowners of the exact Community Mail Box locations.
The SUBDIVIDER further agrees that the location of all Community Mail Box facilities shall
be shown on maps, information boards and plans, including maps displayed in the sales
office(s).
6.19 The SUBDIVIDER agrees that prior to the servicing of Stage 1, the Laurentian Pumping
Station Class Environmental Assessment and design for the forcemain shall be completed
and the construction tender awarded for the construction of the Laurentian Pumping Station,
forcemain and any other necessary sanitary upgrades as required by the Regional
Municipality of Waterloo to safeguard municipal groundwater supplies, to the satisfaction of
the CITY's Director of Engineering Services, in consultation with the Region of Waterloo.
Design of the sanitary forcemain and any other required sanitary upgrades along Ottawa
Street South from Trussler Road to David Bergey Drive must demonstrate that any and all
existing and proposed City and Regional in -ground and above -ground infrastructure can be
accommodated within the designated road allowance for Ottawa Street South to the
satisfaction of the CITY's Director of Engineering Services in consultation with the Region of
Waterloo. Furthermore, above -ground infrastructure must include, but not be limited to, a
typical urban cross section including a 4 metre multi -use trail on the north side of Ottawa
Street South.
Should these works become a Development Charge eligible expense, the CITY agrees to
recognize any monies paid by the SUBDIVIDER for any works or services normally paid out
of the CITY's Development Charge account and such monies to be refunded or to be
recognized as a credit towards any CITY Development Charge payable for each lot or block
only within the registered plan in accordance with the applicable CITY Development Charge
By-law and Policies in effect at the time the monies are paid by the SUBDIVIDER or the
works become a Development Charge eligible expense, whichever shall be later.
If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for
which credits are payable shall be registered for each stage prior to the registration of each stage
of the plan of subdivision, until there is no outstanding balance remaining.
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When no outstanding credit balance remains, then the Development Charges will be paid in the
normal manner in accordance with the CITY's By-law.
If, following the registration of the entire Plan of Subdivision and issuance of all building permits,
there is any outstanding credit balance, it shall remain with the lands to be used as a credit for future
development, or alternatively, the CITY may enter into an agreement with the SUBDIVIDER, under
Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits
to other benefiting lands within the community, subject to satisfactory arrangements being made
between all parties.
6.20 The SUBDIVIDER agrees to dedicate the lands for the pumping station (Block 144, Stage 1)
to the CITY free of cost and encumbrances prior to servicing or registration of Stage 1,
whichever occurs first.
6.21 The SUBDIVIDER agrees to install fencing and signage along the rear of all lots or blocks
abutting Block 40, Stage 2 and protected with a development limit setback of 5m from the
dripline, as recommended by the Natural Environment Report (Ecoplans, June 2008) within
a year of registration or servicing of each stage all to the satisfaction of the CITY's Director
of Planning in consultation with the Regional Commissioner of Planning, Development and
Legislative Services.
6.22 Prior to registration of Stage 1, the SUBDIVIDER agrees to implement mitigation measures,
and submit, obtain approval of and implement a monitoring program as outlined in the Natural
Environment Report (Ecoplans, June 2008) and Addendums (dated October, 2010 and April
2013). This will include biological monitoring and any additions or modifications identified by
the CITY, Region or GRCA as part of the final review and approval of the monitoring program.
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 and the Director of Planning in consultation with
the CITY'S Director of Operations, Regional Municipality of Waterloo and Grand River
Conservation Authority.
6.23 Prior to servicing or registration, whichever occurs first, the SUBDIVIDER agrees to submit
an operational analysis and functional design for roundabouts at the various intersections of
Benninger Drive, prepared by a qualified roundabout design engineer to the satisfaction of
the CITY'S Director of Engineering Services in consultation with the Director of
Transportation Services. In the event that it is determined through the operational analysis
and/or the functional design that additional property is required to construct the roundabouts,
the SUBDIVIDER agrees to dedicate the required property to the CITY free of cost and
encumbrances and to modify the plan accordingly.
6.24 That the SUBDIVIDER or subsequent owner agrees that geothermal wells shall not be
installed within any lot or block within the plan. This condition shall not be released from title.
6.25 The SUBDIVIDER agrees to construct required lot level infiltration galleries and, if required,
convey related easements to the satisfaction of the CITY's Director of Engineering Services.
Further, the SUBDIVIDER'S consulting engineer will supervise and certify installation prior to
occupancy of the affected lot or block to the satisfaction of the CITY's Director of Engineering
Services.
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6.26 The SUBDIVIDER agrees to construct the storm sewer and appurtenances within the road
allowance as required for infiltration facilities at such time as the adjacent road is constructed
to the satisfaction of the CITY's Director of Engineering Services.
6.27 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with
home buyers, or in Agreement of Purchase and Sale with builders that will require the
builders to include a statement in all Agreements of Purchase and Sale, and/or Rental
Agreements with home buyers, that:
a) Identify the presence of the water pressure reduction devices, where applicable, and
advises that it not be removed by the owner/occupant.
b) Advises of the presence of lot level infiltration gallery requirements (as applicable) and
the requirement to maintain such facilities. Further, occupants/owners shall be notified in
the Agreement of the exact location, size and intent of the infiltration galleries. The
wording of the statement shall be to the satisfaction of the CITY's Director of Engineering
Services.
c) Advises that due to the sensitive nature of groundwater and proximity to GUDI wells in
the Mannheim well field, the installation of geothermal wells is prohibited.
*6.28 The SUBDIVIDER agrees to include the following warning clause in all future
Agreements of Purchase and Sale and all future lease/rental agreements and
condominium declarations for all residential dwelling units within Stage 4, relative
to odours associated with the nearby equestrian establishment:
• "WARNING: Purchasers/tenants within Stage 4 are advised that this dwelling
unit is located within close proximity of an equestrian establishment/livestock
use, which is in continuous operation and which operations will create, without
limitation, odours associated with animal manure and manure storage.
• Purchasers/tenants are advised that this dwelling unit has been supplied with a
central air conditioning system which will allow windows and exterior doors to
remain closed, thereby reducing odour levels associated with nearby livestock
uses.
• Purchasers/tenants are advised that despite the inclusion of central air
conditioning, odour levels within the dwelling unit and within outdoor living
areas may on occasion interfere with some activities of the dwelling occupants."
6.29 That the SUBDIVIDER agrees to include this clause in all Agreements of Purchase and Sale,
and/or Rental Agreements for all lots with retaining walls:
"Purchasers/tenants are advised that a retaining wall is located on this property. The
owner of this property also owns his/her section of the retaining wall. The retaining
wall is not in public ownership. Monitoring, maintenance, inspection, repair and
replacement of this retaining wall, including any associated costs, are the sole
responsibility of the property owner. The City of Kitchener is in no way responsible
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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. "
6.30 The SUBDIVIDER agrees to include the following statement in all Agreements of Purchase
and Sale, and/or Rental Agreements with home buyers until such time as a permanent school
is constructed on Block 1, Stage 3:
"Whereas the Waterloo Region District School Board has designated this subdivision
as a Development Area for the purposes of school accommodation, and despite the
best efforts of the Board, sufficient accommodation may not be available for all
anticipated students, you are hereby notified that students may be accommodated in
temporary facilities and/or bused to a school outside the area, and further, that
students may in future have to be transferred to another school."
6.31 The SUBDIVIDER agrees to include a clause in all Agreements of Purchase and Sale, and/or
Rental Agreements with home buyers that provide homebuyers with 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.
6.32 The SUBDIVIDER agrees that access to Ottawa Street South for Block 132, Stage 1 will be
considered at such time as a site plan is approved for Block 132, Stage 1. Such access shall
comply with Regional Municipality of Waterloo criteria to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
6.33 Prior to registration of Stage 1, the SUBDIVIDER agrees to construct a westbound right -turn
lane with 15 metres of storage length and appropriate tapers on Nathalie Street at Trussler
Road as identified in the Traffic Impact Study prepared by Paradigm Transportation Solutions
Limited, dated July 2014 to the satisfaction of the CITY's Director of Engineering Services.
6.34 The SUBDIVIDER agrees that prior to servicing, grading or registration whichever comes first, to
design the parks on Block 133 (Stage 1), Blocks 36, 37, and 38 (Stage 2) and the community trail
system including Blocks 39, 40 and Block 41 (Stage 2) and Block 2 (Stage 4) to the satisfaction of
the CITY'S Director of Operations in consultation with the CITY'S Director of Planning, prior to
registration of the stage within which the park block(s) is located.
Grading, topsoiling and seeding shall be completed before occupancy of the first unit within the
stage which includes the park block(s) or in the event of winter conditions by June 1st immediately
following the issuance of the first occupancy permit.
The SUBDIVIDER shall complete construction of the parks and community trails within one year of
registration or servicing the stage within which the park block(s) is located, whichever occurs first.
The applicable construction costs of the park and community trail such as grading, topsoiling,
seeding, sodding, installation of playground equipment, landscaping, seating and signage in
accordance with the approved park and trail design shall be paid for by the SUBDIVIDER, and the
applicable construction costs, such as playground equipment, landscaping, seating and signage
relating to the parks and surface treatment relating to the trails shall be reimbursed to the
SUBDIVIDER. If sufficient money is not allocated from the appropriate CITY Development Charge
Account(s) to permit the CITY to fund these works or these works are not a Development Charge
eligible expense and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide
and up -front the cost of these works.
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Should these works become a Development Charge eligible expense, the CITY agrees to
recognize any monies paid by the SUBDIVIDER for any works or services normally paid out
of the CITY's Development Charge account and such monies to be refunded or to be
recognized as a credit towards any CITY Development Charge payable for each lot or block
only within the registered plan in accordance with the applicable CITY Development Charge
By-law and Policies in effect at the time the monies are paid by the SUBDIVIDER or the
works become a Development Charge eligible expense, whichever shall be later.
If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for
which credits are payable shall be registered for each stage prior to the registration of each stage
of the plan of subdivision, until there is no outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will be paid in the
normal manner in accordance with the CITY's By-law.
If, following the registration of the entire Plan of Subdivision and issuance of all building permits,
there is any outstanding credit balance, it shall remain with the lands to be used as a credit for future
development, or alternatively, the CITY may enter into an agreement with the SUBDIVIDER, under
Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits
to other benefiting lands within the community, subject to satisfactory arrangements being made
between all parties.
*6.35 The SUBDIVIDER shall design all dwelling units with an air -ducted heating and ventilation
system, suitably sized and designed and installed with a central air conditioning system,
and shall install these systems prior to occupancy of each unit, to the satisfaction of the
City's Chief Building Official.
2.1 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following
conditions:
1. The CITY Standard Residential Subdivision Agreement be registered on title.
2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S
Director of Planning and shall obtain approval therefrom.
3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on
any part of the lands and to pay all outstanding taxes on the lands.
4. The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under the direction of the CITY'S Director of Engineering Services, with
co-ordinate values and elevations thereon and submit for registration the 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.
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6. The SUBDIVIDER shall make satisfactory arrangements for the provision of
permanent telephone services to the subdivision and/or the relocation of the existing
services. Further, the SUBDIVIDER acknowledges that this may include the payment
of all costs associated with the provision of temporary services and the removal of
such services when permanent installations are possible.
7. The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply with
the following easement procedure:
(a) to provide copies of the subdivision plan proposed for registration and reference
plan(s) showing the easements 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 all roads, road widenings, and public walkways to
the CITY by the registration of the Plan of Subdivision.
9. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major
entrance to the subdivision, in accordance with a plan approved by the CITY'S
Director of Planning, in accordance with the following criteria:
a) The sign shall be in accordance with the City of Kitchener Sign by-law and shall
be located outside the required yard setbacks of the applicable zone and
outside the corner visibility triangle, with the specific, appropriate location to be
approved by the CITY'S Director of Planning;
b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of
6 metres, and a maximum area of 13 square metres;
c) Graphics shall depict the features within the limits of the subdivision including,
without limiting the generality of the foregoing, approved street layout, including
emergency access roads, zoning, lotting and specific land uses, types of parks,
storm water management areas, hydro corridors, trail links and walkways,
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potential or planned transit routes and bus stop locations, notification regarding
contacts for school sites, noise attenuation measures, environmentally
sensitive areas, tree protection areas, special buffer/landscaping areas, water
courses, flood plain areas, railway lines and hazard areas and shall also make
general reference to land uses on adjacent lands including references to any
formal development applications, all to the satisfaction of the CITY'S Director
of Planning;
d) Approved subdivision billboard locations shall be conveniently accessible to the
public for viewing. Low maintenance landscaping is required around the sign
and suitable parking and pedestrian access may be required between the sign
location and public roadway in order to provide convenient accessibility for
viewing; and,
e) The SUBDIVIDER shall ensure that the information is current as of the date the
sign is erected. Notice shall be posted on the subdivision billboard signs
advising that information may not be current and, to obtain updated information,
inquiries should be made at the CITY'S Community Services Department -
Planning Division or the appropriate School Board for school accommodation
information.
f) The sign shall also advise prospective residents that students from the
subdivision may be directed to schools outside the neighbourhood.
10. The SUBDIVIDER agrees that the streets shall be named as shown on the plan.
11. 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.
12. 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 the plan of subdivision:
Stage 1
a) Block 133 as Open Space/Park,
b) Block 134 as Open Space/ SWM,
C) Block 136 as Future Development (S Detached Residential/ Road),
d) Blocks 137-141 as Road Widenings,
e) Blocks 142-143 as 0.3 metre reserves, and,
f) Block 144 as Pumping Station
Stage 2
a) Blocks 36-39 as Park,
b) Block 40 as Open Space/ Woodland,
C) Block 41 as OpenSpace /Trail,
d) Block 42 as Open Space/ SWM,
e) Block 42-45 as Public Walkways,
f) Block 46 as Service Corridor,
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g) Block 47 as Road Widening, and
h) Blocks 48-51 as 0.3 metre reserves.
Stage 4
a) Block 2 as Open Space/ Trail,
b) Block 3 as Road Widening.
13. The SUBIDIVDER agrees that the plan shall be registered in four stages in
accordance with the following and to the satisfaction of the CITY's Director of
Planning:
a) Stage 1 shall be registered first;
b) Stage 2 shall be registered concurrently with or subsequent to Stage 1;
C) Stage 3 shall be registered concurrently with or subsequent to Stage 2;
d) Stage 4 shall be registered concurrently with or subsequent to Stage 2;
14. The SUBDIVIDER shall satisfy the 5% parkland dedication for the entire
subdivision by the conveyance of Block 133 (Stage 1) and Blocks 36, 37, 38
and 39 (Stage 2).
15. The SUBDIVIDER shall agree to provide adequate notice to all home purchasers of
the proposal to construct multiuse pathways, including identification of pathway plans
and cross sections displayed in sales offices and shall be noted in all agreements of
purchase and sale when the multi -use pathway is proposed on lands immediately
adjacent to the purchased lot.
16. 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.
17. The SUBDIVIDER agrees to have all proposed tree and shrub plantings on public
rights of way reviewed and approved by the CITY'S Director of Operations.
18. 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 1.23a) of the
Subdivision Agreement.
19. Prior to area grading or registration, whichever occurs first, the SUBDIVIDER agrees
to submit the following to the satisfaction of the CITY's Coordinator, Cultural Heritage
Planning:
a) A letter from a professional engineer outlining how the additions and cladding
will be removed from the existing dwelling at 2220 Ottawa Street South
without compromising the structural integrity of the plank construction prior to
the issuance of a building permit to demolish the existing building,
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b) Photographic documentation of the original plank construction prior to
demolition of the dwelling municipally addressed as 2220 Ottawa Street
South prior to demolition of the existing residential dwelling.
20. The SUBDIVIDER shall obtain approval of landscape plans for the stormwater
management facilities and for all buffer areas contiguous to Open Space Block 40,
Stage 2 and that recommended buffer plantings consist of locally -appropriate, self-
sustaining native vegetation. The landscape plans are to be prepared by a qualified
landscape architect and/or environmental professional and approved by the CITY'S
Director of Operations in consultation with the Grand River Conservation Authority
and the Regional Commissioner of Planning, Development and Legislative Services.
21. The SUBDIVIDER agrees to dedicate the lands for the pumping station (Block 144,
Stage 1) to the CITY free of cost and encumbrances immediately upon registration
of Stage 1.
22. The SUBDIVIDER shall confirm whether decorative street signage and street lighting
will be used for the subdivision to the satisfaction of the CITY'S Director of
Transportation Services and Director of Planning and Kitchener -Wilmot Hydro.
Should these decorative elements be utilized, they shall be installed at the
appropriate timeframe and at the SUBDIVIDER'S cost, including the provision of 10%
of the cost of materials for future replacement/maintenance, to the satisfaction of the
CITY'S Director of Transportation Services and Kitchener -Wilmot Hydro.
23. Prior to the Servicing or Registration, whichever shall occur first, of each stage, the
SUBDIVIDER shall prepare an On -Street Parking Plan and a Signage and Pavement
Marking Plan to the satisfaction of the CITY'S Director of Transportation Services, in
consultation with the CITY'S Director of Engineering Services and Director of
Planning, in accordance with the CITY'S On -Street Parking Policy, as approved and
amended. The On -Street Parking Plan shall be considered in accordance with the
servicing drawings and shall generally provide for one on -street parking space with
every two dwelling units where reasonable. Other options such as driveway length,
garage space, communal parking facilities, and/or parking along the park frontage,
may be considered in accordance with the CITY'S Policy. The Signage and
Pavement Marking Plan shall show all required Regulatory, Warning, Information
signs and Pavement Markings where applicable in accordance with the Ontario
Traffic Manual.
24. The SUBDIVIDER agrees to design the parks on Block 133 (Stage 1), Blocks 36, 37, and
38 (Stage 2) and the community trail system including Blocks 39, 40 and Block 41 (Stage
2) and Block 2 (Stage 4) to the satisfaction of the CITY'S Director of Operations in
consultation with the CITY'S Director of Planning, prior to registration of the stage within
which the park block(s) is located.
Grading, topsoiling and seeding shall be completed before occupancy of the first unit within
the stage which includes the park block(s) or in the event of winter conditions by June 1st
immediately following the issuance of the first occupancy permit.
The SUBDIVIDER shall complete construction of the parks and community trails within one
year of registration or servicing the stage within which the park block(s) is located, whichever
occurs first. The applicable construction costs of the park and community trail such as
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grading,
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grading, topsoiling, seeding, sodding, installation of playground equipment, landscaping,
seating and signage in accordance with the approved park and trail design shall be paid for
by the SUBDIVIDER, and the applicable construction costs, such as playground equipment,
landscaping, seating and signage relating to the parks and surface treatment relating to the
trails shall be reimbursed to the SUBDIVIDER. If sufficient money is not allocated from the
appropriate CITY Development Charge Account(s) to permit the CITY to fund these works
or these works are not a Development Charge eligible expense and the SUBDIVIDER
wishes to proceed, the SUBDIVIDER agrees to provide and up -front the cost of these works.
Should these works become a Development Charge eligible expense, the CITY
agrees to recognize any monies paid by the SUBDIVIDER for any works or services
normally paid out of the CITY's Development Charge account and such monies to be
refunded or to be recognized as a credit towards any CITY Development Charge
payable for each lot or block only within the registered plan in accordance with the
applicable CITY Development Charge By-law and Policies in effect at the time the
monies are paid by the SUBDIVIDER or the works become a Development Charge
eligible expense, whichever shall be later.
If the registration of the plan is staged, a Supplementary Agreement identifying each lot or
block for which credits are payable shall be registered for each stage prior to the registration
of each stage of the plan of subdivision, until there is no outstanding balance remaining.
When no outstanding credit balance remains, then the Development Charges will be paid
in the normal manner in accordance with the CITY's By-law.
If, following the registration of the entire Plan of Subdivision and issuance of all building
permits, there is any outstanding credit balance, it shall remain with the lands to be used as
a credit for future development, or alternatively, the CITY may enter into an agreement with
the SUBDIVIDER, under Section 40 of the Development Charges Act, to enable the transfer
of Development Charge credits to other benefiting lands within the community, subject to
satisfactory arrangements being made between all parties.
25. The SUBDIVIDER agrees that prior to the registration of Stage 2 to design a
commemorative plaque or feature as part of the design of park Block 36, Stage 2. The
plaque or feature is to commemorate the cultural and heritage values associated with the
former farmstead on the property municipally addressed as 468 Trussler Road. The design
of the commemorative plaque or feature shall be prepared to the satisfaction of the CITY's
Director of Operations and the CITY'S Coordinator, Cultural Heritage Planning in
consultation with the CITY'S Director of Planning. Construction/installation of the
commemorative plaque or feature shall be completed concurrent with the construction of
park Block 36.
26. That prior to registration, the SUBDIVIDER shall develop a brochure for new home
purchasers which provides information about the natural heritage features within the
subdivision along with advice about how they can be good stewards of these areas, and
that the brochure be to the satisfaction of the City of Kitchener in consultation with the Grand
River Conservation Authority and the Region. Furthermore, the SUBDIVIDER shall enter
into an agreement with the City of Kitchener to distribute this brochure to new homeowners.
27. That prior to registration of Stage 2 and conveyance of Open Space Block 40, Stage 2, the
SUBDIVIDER shall remove any garbage or debris from Block 40 to the satisfaction of the
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City
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City of Kitchener in consultation with the Regional Commissioner of Planning, Development
and Legislative Services.
28. That prior to servicing or registration, whichever occurs first, the SUBDIVIDER shall
submit a detailed Water Servicing Report that reviews the extent of the lands that can
be serviced by the municipal water distribution network to the satisfaction of the
CITY'S Director of Engineering Services and the Regional Municipality of Waterloo.
29. That prior to registration or servicing of Stage 2, whichever occurs first, the
SUBDIVIDER shall confirm that a legal outlet for post -development stormwater flows
has been secured to the satisfaction of the CITY's Solicitor and the Region's Solicitor
in consultation with the Directors of Engineering and Planning and the Regional
Commissioner of Planning, Development and Legislative Services. In the event that
such a legal outlet for post -development stormwater flows cannot be secured, the
SUBDIVIDER must acknowledge and agree that registration shall not proceed,
unless alternative means of drainage can be achieved to the satisfaction of the CITY's
Director of Engineering Services in consultation with the CITY's Solicitor and the
Region's Solicitor and the CITY's Director of Planning and the Regional
Commissioner of Planning, Development and Legislative Services.
30. Prior to servicing or registration, which ever shall occur first, the SUBDIVIDER shall
prepare a detailed engineering design for Storm Water Management including any
requisite monitoring and obtain approval thereof from the CITY's Director of
Engineering Services in consultation with the Grand River Conservation Authority
and the Regional Municipality of Waterloo. The Stormwater Management design
shall be in accordance with the Alder Creek Watershed Study (2007) and Alder Creek
Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL, 2008.
The approved engineering design for Storm Water Management will include a
maintenance program for a period of two years following 95% build -out of the
subdivision, which will ensure the stormwater management facilities function as
designed to the satisfaction on the CITY's Director of Engineering.
31. Prior to servicing or registration of Stage 1, the SUBDIVIDER agrees to obtain a
confirmation letter from the Township of Wilmot confirming adequate stormwater
capacity in the Mannheim Estates SWM facility and/or storm sewer system to the
satisfaction of the Director of Engineering Services.
32. The SUBDIVIDER agrees to install fencing and signage along the rear of all lots of
blocks abutting Block 40, Stage 2 and protected with a development limit setback of
5m from the dripline, as recommended by the Natural Environment Report (Ecoplans,
June 2008) within a year of registration or servicing of each stage all to the
satisfaction of the CITY's Director of Planning in consultation with the Regional
Commissioner of Planning, Development and Legislative Services.
33. Prior to registration of Stage 1, the SUBDIVIDER agrees to implement mitigation
measures, and submit, obtain approval of and implement a monitoring program as
outlined in the Natural Environment Report (Ecoplans, June 2008) and Addendums
(dated October, 2010 and April 2013). This will include biological monitoring and any
additions or modifications identified by the CITY, Region or GRCA as part of the final
review and approval of the monitoring program. The SUBDIVIDER further agrees to
implement any remedial action deemed necessary as a result of the aforementioned
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monitoring program at their sole expense to the satisfaction of the CITY'S Director of
Engineering Services and the Director of Planning in consultation with the CITY'S
Director of Operations, Regional Municipality of Waterloo and Grand River
Conservation Authority.
34. Prior to servicing or registration, whichever occurs first, the SUBDIVIDER agrees to
submit a functional design for the implementation of bicycle lanes, on -street parking
and intersection curb extensions on both sides of Benninger Drive, in accordance
with the lotting plan and On -Street Parking Plan, to the satisfaction of the CITY'S
Director of Engineering Services in consultation with the Director of Transportation
Services.
35. Prior to registration of Stage 1, the SUBDIVIDER agrees to construct a westbound
right -turn lane with 15 metres of storage length and appropriate tapers on Nathalie
Street at Trussler Road as identified in the Traffic Impact Study prepared by Paradigm
Transportation Solutions Limited, dated July 2014 to the satisfaction of the CITY's
Director of Engineering Services.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That the SUBDIVIDER satisfies the following conditions to the satisfaction of the Regional
Municipality of Waterloo Commissioner of Planning, Development and Legislative Services.
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.
2. That the plan submitted for final approval may incorporate a lot pattern for all blocks in which
single detached, semi-detached and townhouse lots are permitted, at a density not
exceeding the density identified in the draft approval conditions.
3. That the subdivision agreement be registered by the City of Kitchener against the land 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. a) 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 occurs first. Where the owner has
already entered into an agreement for the installation of underground servicing with
the area municipality, such agreement shall be amended to provide for a Regional
Agreement for Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise prior to an
Agreement for Servicing that sufficient water supplies and wastewater treatment
capacity is available for this plan, or the portion of the plan to be registered.
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b) That the SUBDIVIDER include the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the Planning
Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or
purchase and sale are not yet registered as a plan of subdivision. The fulfilment of
all conditions of draft plan approval, including the commitment of water supply and
sewage treatment services thereto by the Region and other authorities, has not yet
been completed to permit registration of the plan. Accordingly, the purchaser should
be aware that the vendor is making no representation or warranty that the lot, lots,
block or blocks which are the subject of this agreement or lease or purchase and sale
will have all conditions of draft plan approval satisfied, including the availability of
servicing, until the plan is registered. "
5. That prior to any grading or construction, and final approval of all or any part of the draft plan
of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and
Rescue Excavation of any significant archaeological remains found on the site, at the
expense of the SUBDIVIDER to the satisfaction of the Ministry of Tourism, Culture and Sport.
Two (2) copies of the completed assessment and Ministry approval/acknowledgement must
be forwarded to the Regional Commissioner of Planning, Development and Legislative
Services for clearance of this condition.
6. a) That Blocks 137-141, inclusive Stage 1 and Block 47, Stage 2, and Block 3, Stage 4
be conveyed to the Region at no cost and free of encumbrance, concurrently with
the registration of the plan of subdivision, for road widenings equal to 50 feet from
the centreline of Ottawa Street South and Trussler Road.
b) That the SUBDIVIDER shall convey an easement to the Regional Municipality of
Waterloo, no later than January 15, 2018 and at no cost to the Region, to the
satisfaction of the Regional Commissioner of Planning, Development and Legislative
Services and the Regional Solicitor. The easement is to provide access onto the
subdivision lands for the purpose of reconstruction of Ottawa Street South including but
not limited to, the installation of underground services within the road widening
Blocks 140 and 141 (Stage 1) by the Region.
7. That concurrently with the registration of Stage 1, two twenty-five (25) foot daylighting
triangles be established at the intersection of Ottawa Street South and Benninger Drive,
which shall be dedicated on the final plan as a public highway.
8. That concurrently with the registration of Stage 1, two twenty-five (25) foot daylighting
triangles be established at the intersection of Trussler Road and Nathalie Street, which shall
be dedicated on the final plan as a public highway.
9. a) That prior to final approval of Stage 1 the SUBDIVIDER obtain a Regional Road Access
permit for the intersections of Ottawa Street South and Benninger Drive and Trussler Road
and Nathalie Street.
b) That prior to final approval of Stage 1, the SUBDIVIDER enter into an agreement with the
Regional Municipality of Waterloo to obtain an Access Permit for any access proposed for
Ottawa Street South on Block 132, Stage 1, to the satisfaction of the Regional Commissioner
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of Planning, Development and Legislative Services.
10. That prior to final approval, the SUBDIVIDER shall enter into an agreement with the Regional
Municipality of Waterloo to provide the necessary financial resources for installation of eight (8)
transit pads, to the satisfaction of the Region Commissioner of Planning, Development and
Legislative Services.
11. a) That prior to final approval of Stage 1, the SUBDIVIDER will provide a functional design and
cost estimate for:
i) a southbound left -turn lane with 80 metres of storage length and appropriate tapers
on Trussler Road at Nathalie Street;
ii) an eastbound left -turn lane with 25 metres of storage length and appropriate tapers
on Ottawa Street South at Benninger Drive;
iii) a future roundabout at Ottawa Street and Trussler Road. Notwithstanding Condition
3.6, the SUBDIVIDER agrees that in the event the functional design demonstrates
the potential need for additional land required from the subdivision in order to
implement the roundabout, the SUBDIVIDER agrees to dedicate such land to the
Regional Municipality of Waterloo prior to final approval; and
b) The SUBDIVIDER further agrees to provide the Region the necessary physical
resources (free of encumbrances and at no cost to the Region) and financial
resources to construct all required road improvements as noted above prior to final
approval of Stage 1.
C) That conditions a) and b) above all be fulfilled to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
12 a) The SUBDIVIDER agrees, that prior to final approval of Stage 1, to submit a preliminary
roundabout design and screening analysis and intersection control study prepared by a
qualified roundabout design engineer and where necessary to the satisfaction of the
Region's Commissioner of Planning, Development and Legislative Services in
consultation with the CITY's Director of Transportation Services for the intersection of
Trussler Road and Nathalie Street. In the event the analysis for the intersection
demonstrates the potential need for additional land from the subdivision in order to
implement a roundabout option or other intersection improvements, the SUBDIVIDER
agrees to dedicate such land free of encumbrances and at no cost to the Regional
Municipality of Waterloo prior to final approval. The SUBDIVIDER shall enter into an
agreement with the Regional Municipality of Waterloo requiring that should a
determination be made (through the completion of an Environmental Assessment or
otherwise) that a roundabout is not the preferred alternative to address operations at the
subject intersection or other intersection improvements are not required, then the land
will be re -conveyed to the owner of the adjacent block(s).
b) That prior to final approval of Stage 1, the Region has the necessary financial resources
to construct all required road improvements in a) above.
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13. Prior to final approval of Stage 1, the SUBDIVIDER enter into an agreement with the Regional
Municipality of Waterloo to provide, upon written request by the Region, for the conveyance
to the Region (or as the Region directs), free of encumbrances and at no cost to the Region,
a 3 metre wide driveway over Future Development Block 135, Stage 1, on terms and
conditions satisfactory to the Region ("the Driveway"). The purpose of such conveyance is
to provide private vehicular access for the dwelling located at 632 Trussler Road in the event
the roundabout screening analysis recommends the implementation of a roundabout or traffic
control signals at the intersection of Trussler Road and Nathalie Street resulting in the
removal of the existing driveway.
The location and grade of the Driveway shall be determined to the satisfaction of the CITY'S
Director of Transportation Planning in consultation with the owner of 632 Trussler Road and
the Regional Municipality of Waterloo. The SUBDIVIDER shall be responsible for the cost of
closing the existing driveway to Trussler Road and constructing the new Driveway over Block
135 in addition to any alterations required on the property at 632 Trussler Road to connect
the new Driveway to the existing driveway on 632 Trussler Road. For clarity, the costs of the
closing of the existing driveway shall be limited to the portion of the existing driveway within
the Trussler Road right-of-way and the costs of the new Driveway on Block 135 and 632
Trussler Road shall be based on a driveway constructed with materials consistent with the
existing driveway on 632 Trussler Road. The SUBDIVIDER shall provide a cost estimate
and security for such costs, satisfactory to the Regional Solicitor. Should a determination be
made that a roundabout or traffic control signals at the intersection of Trussler Road and
Nathalie Street are not required, then the Region shall release the securities.
14. That the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to
distribute source water protection and winter salt management information with all
Agreements of Purchase and Sale, and/or Rental Agreements to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
15. That prior to final approval, any existing private wells, monitoring wells and septic systems
be decommissioned in accordance with applicable laws and regulations to the satisfaction of
the Regional Commissioner of Planning, Development and Legislative Services.
16. That prior to final approval of Blocks 131 and 132, Stage 1; Block 35, Stage 2; Block 1, Stage
3; and Block 1, Stage 4, that the SUBDIVIDER shall enter into an Agreement with the
Regional Municipality of Waterloo to require a Salt Management Plan to be submitted to the
Regional Municipality of Waterloo for approval, and implementation secured through
appropriate agreements with the Region and/or condominium declarations.
17. That prior to final approval an Area Grading, Erosion and Siltation Control Plan be submitted
for the entire plan of subdivision to the satisfaction of the Regional Municipality of Waterloo
where the lands drain to a Regional facility. The plan must be compatible with both the
existing and future grades and cross-sections for Trussler Road and Ottawa Street South.
18. That prior to final approval a detailed Water Servicing Report that reviews the extent of the
lands that can be serviced by the municipal water distribution network be submitted to the
satisfaction of the Region's Commissioner of Transportation and Environmental Services.
19. That prior to final approval, the SUBDIVIDER shall identify which lots or blocks with a
centreline road elevation lower than 372 mASL and enter into an agreement with the City of
Kitchener to include water pressure devices for each dwelling unit below this elevation and
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include in the Agreements of Purchase and Sale, and/or Rental Agreements a clause
identifying the presence of water pressure reducing devices and advising that it not be
removed by the purchaser.
20. That prior to final approval, the Region of Waterloo review and accept the noise study entitled
"Trussler North Lands, City of Kitchener, Revised Noise Impact Assessment" (Stantec
Consulting, November 2014). Furthermore, the SUBDIVIDER enter into an agreement with
the City of Kitchener and/or the Regional Municipality of Waterloo as necessary to provide
for implementation of the Study recommendations, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
21. That prior to final approval of Blocks 131 and 132, Stage 1, Block 35, Stage 2, Block 1, Stage
3, and Block 1, Stage 4, the SUBDIVIDER enter into an agreement with the Regional
Municipality of Waterloo to complete a detailed noise study prior to site plan approval of
Blocks 131 and 132, Stage 1, Block 35, Stage2, Block 1, Stage 3, and Block 1, Stage 4 to
determine noise attenuation requirements to the satisfaction of the Regional Commissioner
of Planning, Development and Legislative Services. Where appropriate, the lands shall be
designed to avoid the use of outdoor physical noise attenuation measures through
appropriate site design and setbacks. Furthermore, the SUBDIVIDER shall enter into an
agreement with the City of Kitchener and/or Regional Municipality of Waterloo as necessary
to provide for implementation of the noise attenuation measures recommended in the Study.
22. That prior to the registration of Stage 1, the SUBDIVIDER prepare and submit a Boulevard
Restoration Plan for Ottawa Street South and Trussler Road to the satisfaction of the
Regional Municipality of Waterloo and shall enter into an agreement with the Regional
Municipality of Waterloo to provide for implementation of the approved Boulevard Restoration
Plan, if necessary. Implementation may be phased by stage.
23. That prior to final approval, the SUBDIVIDER agrees to provide any necessary easements
in favour of the Regional Municipality of Waterloo for grading and drainage purposes over
Block 134, Stage 1 and Block 42, Stage 2, to the satisfaction of the Regional Commissioner
of Planning, Development and Legislative Services.
24. That prior to final approval, the SUBDIVIDER enter into an agreement with the Regional
Municipality of Waterloo to indicate that any future site specific grading and drainage plan
and stormwater management report submitted for site plan approval for multiple residential
Blocks 131 and 132, Stage 1, multiple residential Block 35, Stage 2, School Block 1, Stage
3, and multiple residential Block 1, Stage 4, be in accordance with the approved stormwater
management plan for this plan of subdivision.
25. That prior to final approval, the SUBDIVIDER submits for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services. The SWM report must include, but not
limited to, the following:
i. the design and location of infiltration facilities;
ii. infiltration facilities including conveyance
oversized by 15 percent;
iii. infiltration features, as well as CIFs, have
sewer infrastructure;
infiltration facilities (CIFs) be
overflow connections to storm
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iv. no infiltration of stormwater be permitted within 100 metres of a municipal
well;
v. install borehole at the location of the proposed CIF within Park Block 36,
Stage 2 to confirm that coarse soils exist beneath the proposed CIF
location at the proposed depth, so that the backfilled material will drain
adequately;
vi. require Guelph Permeameter testing at the proposed location and depths
of the two (2) CIFs; and
vii. water balance analysis.
26. That prior to servicing or final approval for Stage 1, whichever shall occur first, the
SUBDIVIDER submits for review and approval a functional design, and detailed design as
deemed necessary by the Region, for the outlet of the proposed stormwater management
facilities related to the storm crossing on Trussler Road at Rickert Way/Nathalie Street, and
that all associated road widenings be conveyed to the Region free of cost and encumbrances
for both the existing road and future improved road conditions. Furthermore, that all
associated storm outlet improvement costs will be the responsibility of the SUBDIVIDER, all
to the satisfaction of the Region.
27. That prior to final approval, open space Block 40, Stage 2 and associated buffers within the
subject block be placed in suitable conservation open space zoning (P-2).
28. That prior to any land clearing, grading or construction on the subdivision lands, the
SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to
indicate that no clearing of vegetation on the site occur during the bird breeding season
(May 1 - July 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;
29. That all storm sewer and sanitary sewer infrastructure within 100 metres of municipal wells
K91 and K92 (wells situated on the north side of Ottawa Street South), and aquifer storage
and recovery well ASR02 (well situated on the south side of Ottawa Street S.) be constructed
to zero exfiltration standards, to the satisfaction of the Regional Commissioner of
Transportation and Environmental Services.
30. That any system upgrades to the sanitary and/or storm services farther east along Ottawa
Street South, within 100 metres of municipal production well K21, be completed to meet zero
exfiltration standards, to the satisfaction of the Regional Commissioner of Transportation and
Environmental Services.
31. That impermeable geotextile liners will be installed underneath boulevards for all roads
within 100 metres of municipal wells K91 and K92, and aquifer storage and recovery well
ASR02, to the satisfaction of the CITY's Director of Engineering Services in consultation
with the CITY'S Director of Operations the Regional Commissioner of Transportation and
Environmental Services.
32. That prior to any grading or construction, and final approval of all or any part of the draft plan
of subdivision, the SUBDIVIDER enter into an agreement with the Regional Municipality of
Waterloo to notify the Region's Manager of Hydrogeology and Source Water at least thirty
(30) days prior to commencement of any grading or construction -related activities, or storage
of equipment within 100 metres radius surrounding the Region's municipal supply wells, in
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order
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order that the Region may advise on practices and procedures required to safeguard such
municipal supply wells.
33. That the proposed sewage pumping station constructed within pumping station Block 144,
Stage 1, require an automatic call procedure and a spill response and contingency plan
prepared to the satisfaction of the Regional Commissioner of Transportation and
Environmental Services.
34. That prior to final approval, the SUBDIVIDER complete a Risk Management Plan for
stormwater management Block 134, Stage 1, and Block 42, Stage 2, to address nitrate
issues identified within WHPA E for municipal well K23 pursuant to the Clean Water Act, to
the satisfaction of the Regional Commissioner of Transportation and Environmental
Services.
35. That prior to final approval, the SUBDIVIDER enter into an agreement with the City of
Kitchener to complete, prior to site plan approval, a land use compatibility study to address
stationary noise associated with any commercial uses within multiple residential Block 132,
Stage 1, and proximity to sensitive uses.
36. That prior to final approval of Stage 1, the SUBDIVIDER agrees to convey, free of
encumbrances and at no cost to the Region, any additional road widening required along the
plan's frontage on Ottawa Street South as a result of completing the detailed design for the
sanitary forcemain as set out in CITY Condition 6.19, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
4. OTHER AGENCY CONDITIONS
Grand River Conservation Authority
Prior to any grading or construction on the site and prior to registration of the plan, the
SUBDIVIDER or their agents submit the following plans and reports to the satisfaction of the
Grand River Conservation Authority.
a) A detailed storm water management report in accordance with the 2003 Ministry of the
Environment Report entitled "Stormwater Management Planning and Design Manual"
and in keeping with the Preliminary Servicing and Stormwater Management Report,
dated April 2013 prepared by Stantec Consulting Ltd., as well as additional information
provided by Stantec Consulting Limited in their memo dated September 13, 2012.
b) A detailed Lot Grading, Servicing and Storm Drainage Plan.
c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation
Authority's Guidelines for sediment and erosion control, indicating the means whereby
erosion will be minimized and silt maintained on-site throughout all phases of grading and
construction. The plan should be prepared to take into consideration the environmental
management recommendations contained in the Natural Environment Report (Ecoplans
Ltd., June 2008).
d) The submission and approval of a Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Permit from Grand River Conservation
Page 54 of 321
-24-
Authority
24-
Authority prior to the construction in a wetland and/or any grading or development (as
defined by the Conservation Authorities Act) within regulated areas.
e) Confirm that no trails are within 15 meters of the wetland within Block 40, Stage 2.
f) Confirm that site and grading plans demonstrate how the water balance in the wetland in
Block 40, Stage 2 will be maintained post development.
Waterloo Region District School Board
That prior to final approval of Stage 3, the SUBDIVIDER agrees to make satisfactory
arrangements with the Waterloo Region District School Board with respect to Block 1, Stage
3.
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 3.36 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 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 for Stage 3 by the CITY'S Director of Planning, the Director
shall be advised by the Waterloo Region District School Board that Condition 4.2 has been carried
out satisfactorily. The clearance letter should contain a brief statement as to how the condition was
satisfied.
6. NOTES
Development Charges
1. The owner/developer is advised that the provisions of the Development Charge By-laws of the
City of Kitchener and the Regional Municipality Waterloo, as they may be amended from time
to time, are applicable.
Page 55 of 321
-25 -
RegistryAct
2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as
amended, under The Registry Act.
Updated Information
3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo and the City of Kitchener Business and Planning Services Departments of any
changes in ownership, agent, address and phone number.
Agreement
4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement.
The onus is on the owner to contact Regional staff in writing to request the preparation of such
an agreement. A copy of a reference plan showing the lands to be registered that are affected
by the agreement and the conditions to be covered by the agreement should be provided. The
fees for the preparation and registration of this agreement, are payable to the Regional
Municipality of Waterloo.
Fees
5. The owner/developer is advised that the City of Kitchener and the Regional Municipality of
Waterloo have adopted By -Laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c.
P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft
approval and registration release of plans of 30T-08204.
Approvals for Servicing Systems
6. The proposed water distribution system meets the definition of a "waterworks" as defined in the
Ontario Water Resources Act. Prior to the construction of the proposed water supply system,
the proponent must ensure that the application for approval of water works, and appropriate
supporting information, is submitted to the Ministry of the Environment for approval.
Stormwater Management
7. The proposed stormwater management system meets the definition of a "sewage works" as
defined in the Ontario Water Resources Act. Therefore, approval of the Director must be
obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the
proposed stormwater management system. The proponent must ensure that the application
for approval of sewage works, and appropriate supporting information, is submitted to the
Ministry of the Environment for approval.
Sewage System
8. The proposed sanitary sewage collection system meets the definition of a "sewage works' as
defined in the Ontario Water Resources Act. Therefore, approval of the Director must be
obtained under section 53 of the Ontario Water Resources Act prior to the construction of the
proposed sanitary sewage collection system. The proponent must ensure that the application
for approval of sewage works, and appropriate supporting information, is submitted to the
Ministry of the Environment for approval.
Identification of Applicable Planning Act
9. This draft plan was received on July 29, 2008 and shall be processed and finally disposed of
under the Planning Act, R.S.O. 1990, c. P.13, as amended as of that date.
Page 56 of 321
-26-
Regional
26-
Regional Servicing Agreement
10. The owner/developer is advised that draft approval is not a commitment by the Regional
Municipality of Waterloo to water and wastewater servicing capacity. To secure this
commitment, the owner/developer must enter into an "Agreement for Servicing" with the
Regional Municipality of Waterloo by requesting that the Region's Planning, Housing and
Community Services Department initiate preparation of the agreement. When sufficient
capacity is confirmed by the Region's Commissioner of Engineering to service the density as
defined by the plan to be registered, the owner/developer will be offered an "Agreement for
Servicing". This agreement will be time limited, define the servicing commitment by density and
use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement
will be required.
The owner/developer is to provide the Regional Municipality of Waterloo with two print
copies of the proposed plan to be registered along with the written request for a servicing
agreement.
Registration Release
11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning,
Development and Legislative Services to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all Regional
conditions have been satisfied and the required clearance letters, agreements, prints of
plan to be registered, and any other required information or approvals have been
deposited with the Regional Planner responsible for the file, no later than December 15th.
Regional staff cannot ensure that a Regional Release would be issued prior to yearend
where the owner has failed to submit the appropriate documentation by this date.
Airport Zoning
12.a) The Owner is advised that the lands, or a portion of the lands, are subject to the Region
of Waterloo International Airport Zoning Regulations issued under the federal
Aeronautics Act. The purpose of the Regulations is two -fold: 1) to prevent lands
adjacent to or in the vicinity of the Region of Waterloo International Airport site from
being used or developed in a manner that is incompatible with the safe operation of the
airport or an aircraft; and 2) to prevent lands adjacent to or in the vicinity of facilities
used to provide services relating to aeronautics from being used or developed in a
manner that would cause interference with signals or communications to and from
aircraft or to and from those facilities.
It is the landowner's responsibility to be aware, and to make all users of the land aware,
of the restrictions under these Regulations, which may include but are not limited to
height restrictions on buildings or structures, height of natural growth, interference with
communications, and activities or uses that attract birds.
12.b) The Owner is advised that the lands, or a portion of the lands, may be subject to
Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics
Act. This Standard allows aviation officials to assess individual obstructions, namely
buildings, structures or objects, to determine if they are likely to constitute a hazard to
air navigation and consequently require marking and/or lighting in accordance with the
Standards. Persons planning to erect an obstruction, namely a building, structure or
object, including a moored balloon, either permanently or temporarily, should contact
the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416)
952-0248 as early as possible and provide the necessary information on the planned
Page 57 of 321
-27-
obstruction
27-
obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by
Transport Canada.
Ministry of Transportation
13.a) The Owner is advised that permits are required from the Ministry of Transportation
before any grading or construction commences within 45 metres of any highway limit
and within a 395 metre radius of the centreline intersection of Highway 7 & 8 and
Trussler Road.
13.b) The Owner will be required to submit to the Ministry of Transportation for review and
approval: development drawings/plans not limited to site plans, grading plans,
servicing plans, illumination plans, landscaping plans and details.
13.c) The Ministry requires that all buildings and structures be setback a minimum of 14.0
metres from the Highway 7 & 8 property limit. Fences (noise barriers) shall be
setback a minimum of 0.3 metres from the Highway 7 & 8 property limit.
13.d) The Owner shall provide the Ministry of Transportation a mylar and three paper
copies of the registered final plans.
Final Plans
14. When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener. If
the plans comply with the terms of approval, and we have received an assurance from
the Regional Municipality of Waterloo and applicable clearance agencies that the
necessary arrangements have been made, the Manager of Development Review's
signature will be endorsed on the plan and it will be forwarded to the Registry Office for
registration.
The following is required for registration and under The Registry Act and for our use:
One
(1)
original mylar
Four
(4)
mylar copies
Four
(4)
white paper copies
Page 58 of 321
STAGE 1 LAND USE MAX. # UNITS AREA (ha.)
STAGE 2 LAND USE MAX, 9 UNITS AREA (ha.)
STAGE 3
LAND USE MAX. # UNITS AREA (ha.)
1.127
Single -Detached
127 4,836
1.34
Single -Detached 1941394
12,427
1
School 31163
2,727
128-132
Mixed Use/Multiple Res.
188/377 6,267
35
Multiple Residential 28155
0.921
TOTAL
31/63
2.727
133
Open Space/Park
0,819
36-39
Open Space/Park
1.598
134
135,136
Open Space/SWM
Future Development
1,835
0.204
40
41
Open Space/Woodland
Open Space/Trail
7.443
O�674
STAGE 4
LAND USE MAX, # UNITS
AREA (ha.)
137-141
Road Widening
0.449
42
Open Space/SWM
1.770
1
Multiple Residential 1111222
3,693
142,143
0.3m Reserves
0.002
4345
Fublic Walkway
0.072
2
Open SpacefTrail
0.558
144
Pumping Station
0.096
46
Service Corridor
0.019
3
Road Widening
0.055
Roads
3,306
47
F''oad Widening
un
TOTAL
111/222
4.306
TOTAL
315/504 17.814
48-51
0.3m Reserves
0.114
TOTALS
MAX. # UNITS
AREA (ha.)
TOTAL
Roads
222/449
6.067
31.091
197
67911238
55.94
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CITY OF KITCHENER APPROVAL BLOCK
Subject to the conditions, If any, set forth In our letter dated
Apr, I(e> &I 5{thls plan as draft approved -k-r-k-M/ t
W, e"'q
1g, a,o S, is hereby modified under Section 511e9
of the Planning Act, R.S,O. 1990 this
Residential
Della Ross, M,CIP, RPP f'
Manager of Development Review
25 75 REVISED,
PLAN OF SUBDIVISION 1--_ MARCH 6", 2018 SUBDIVISION APPLICATION 30T-08204
0 50 IOU - — -- --- --- - ___ __ - -----------
ZONE CHANGE APPLICATION ZC08/1 7/T/JVW
ACTIVA HOLDINGS INC. SCALE 1 :5,500 1 1-
City of Kitchener �o1-013204
PT OF LTS 46, 129 AND 130, G.C.T, OATE: JANUARY 20,2015 Community Services Department, Planning dwg
Page 89 of 321
Attachment `B' DSD -2025-039
AMENDMENT NO. XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
468 Trussler Road
Page 60 of 321
INDEX
SECTION 1
SECTION 2
SECTION 3
SECTION 4
APPENDICES
APPENDIX 1
APPENDIX 2
APPENDIX 3
AMENDMENT NO. XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
468 Trussler Road
TITLE AND COMPONENTS
PURPOSE OF THE AMENDMENT
BASIS OF THE AMENDMENT
THE AMENDMENT
Notice of the Meeting of Planning and Strategic
Initiatives Committee of August 11, 2025
Minutes of the Meeting of Planning and Strategic
Initiatives Committee — August 11, 2025
Minutes of the Meeting of City Council — August 25,
2025
Page 61 of 321
Attachment `B' DSD -2025-039
AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XX to the Official Plan of the City
of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to amend the City of Kitchener Official Plan
(2014) by deleting Area Specific / Special Policy 15.D.12.24 Trussler Road / Highway
7&8 /Bleams Road and by deleting Specific Policy Area 24. Trussler Rd / Highway 7
and 8 / Bleams Rd on Map No. 5 — Specific Policy Areas.
SECTION 3 — BASIS OF THE AMENDMENT
Planning Analysis:
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,
f) The adequate provision and efficient use of communication, transportation,
sewage and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support
public transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive
and vibrant;
s) 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 Planning Statement, 2024, 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 Planning Statement, 2024 and to ensure Provincial policy is adhered to.
Page 62 of 321
Attachment `B' DSD -2025-039
Provincial Planning Statement, 2024 (PPS):
The Provincial Planning Statement (PPS), 2024 is a streamlined province -wide land use
planning policy framework that replaces both the Provincial Policy Statement, 2020 and A
Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while building upon
housing -supportive policies from both documents. The PPS 2024 came into force on
October 20, 2024.
According to the Province, the PPS 2024 provides municipalities with the tools and
flexibility they need to build more homes. It enables municipalities to:
• plan for and support development, and increase the housing supply across the
province
• align development with infrastructure to build a strong and competitive economy
that is investment -ready
• foster the long-term viability of rural areas
• protect agricultural lands, the environment, public health and safety
Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promote planning for people and homes and
supports planning authorities to support general intensification and redevelopment while
achieving complete communities by, accommodating an appropriate range and mix of
land uses, housing options, transportation options with multimodal access, employment,
public service facilities and other institutional uses, recreation, parks and open space,
and other uses to meet long-term needs.
The PPS provides numerous MDS -related policies, which apply to new settlement areas
and settlement area boundary expansions, rural lands in municipalities, and prime
agricultural areas. However, under the PPS, the subject lands are identified as being
within a settlement area. In this regard, Policy 2.3.1.1 states that "Settlement areas shall
be the focus of growth and development. Within settlement areas, growth should be
focused in, where applicable, strategic growth areas, including major transit station
areas." In this regard, settlement areas are to be the focus of growth and development.
Moreover, there are no policies in the PPS to require that MDS be applied within
settlement areas.
OMAFA Guideline 853:
OMAFA provides guidelines for the implementation of MDS via Publication 853 and
applies to all Planning Act applications made after March 1, 2017. DHA staff has
confirmed with OMAFA directly that MDS does not apply within settlement areas.
Regional Official Plan (ROP):
The subject property is located in the Urban Area and Designated Greenfield Area in the
Regional Official Plan (ROP). Urban Area policies of the ROP identify that the focus of
the Region's future growth will be within the Urban Area.
The ROP directs most of the region's future growth within the Urban Area to delineated
built-up areas through intensification. However, new development will also be directed to
designated greenfield areas, to accommodate some of the Region's forecasted growth.
4
Page 63 of 321
Attachment `B' DSD -2025-039
It should be noted that Draft Plan of Subdivision 30T-08204 was originally approved
(2015) many years before Regional Official Plan Amendment #6 was approved (August
2022), which was a comprehensive update to the ROP. Accordingly, the original approval
did not consciously consider updates to sections of the ROP such as the update to
Section 2.G, which states that,
New greenfield communities will be compact and efficient to meet the vision and
objectives of this Plan. They will be designed as 15 -minute neigbourhoods that
enable people to live car -free or "car -lite" (i.e., households with fewer vehicles than
workers) by offering convenient access to a diverse mix of jobs, housing, schools,
cultural, and recreational opportunities, and local shops and food destinations.
However, it is understood that the subdivision met the Provincial Policy Statement in
effect at the time of the OMB approval in 2015. The requested modification represents a
minor modification that does not propose to change the layout of the subdivision or the
land uses, only to delete conditions, a Site Specific Policy in the Official Plan policies, and
a Holding Provision in the zoning that involve MDS matters related to the nearby
equestrian establishment. No other changes are proposed.
City of Kitchener Official Plan (OP):
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 subject lands are primarily within the Designated Greenfield Area, as outlined on Map
1 — City Urban Area and Countryside, though a narrow strip of the subject lands adjacent
to Highway 7/8 is within the Built Up Area.
The Official Plan states that "Although much growth will be accommodated within the
Built -Up Area, the Designated Greenfield Area is also an important location for planned
growth. Development in these areas will contribute to a healthy, complete and balanced
community. Generally, new development in this area will be planned and designed based
on transit routes (existing and planned) and walkability."
Urban Structure
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
primarily identified as Community Areas, as outlined on Map 2 — Urban Structure, though
a narrow strip of the subject lands adjacent to Highway 7/8 is identified as Green Areas.
The Official Plan states that, "The planned function of Community Areas is to provide for
residential uses as well as non-residential supporting uses intended to serve the
immediate residential areas." Moreover, "Limited intensification may be permitted within
Community Areas in accordance with the applicable land use designation..."
Page 64 of 321
Attachment `B' DSD -2025-039
The planned subdivision stage will facilitate residential uses. Staff is of the opinion that
the requested Subdivision Modification, Official Plan Amendment, and Zoning By-law
Amendment will support development that conforms to the City's Urban Structure policies.
Land Use Designation
The subject lands are designated Low Rise Residential (LRR), as outlined on Map 3 —
Land Use, though a narrow strip of the subject lands adjacent to Highway 7/8 is
designated Open Space. The Official Plan states that the purpose of the LRR designation
is to "accommodate a full range of low density housing types which may include single
detached dwellings, additional dwelling units, attached and detached, semi-detached
dwellings, street townhouse dwellings, townhouse dwellings in a cluster development,
low-rise multiple dwellings, special needs housing, and other forms of low-rise housing."
Furthermore, "The City will encourage and support the mixing and integrating of
innovative and different forms of housing to achieve and maintain a low-rise built form."
The planned subdivision stage will facilitate a range of low density housing types,
including low-rise multiple dwellings.
Requested Official Plan Amendment:
In addition to applying the Low Rise Residential designation to the subject lands (and
Open Space designation for the trail along Highway 7/8), the Official Plan Amendment
(OPA) approved by the OMB in 2015 applied Specific Policy Area #24 Trussler Rd /
Highway 7 & 8 / Bleams Rd, as shown on Map 5 — Specific Policy Areas of the Official
Plan. The policy that applies to this Specific Policy Area is policy 15.D.12.24, which states,
"Any development within the identified area will comply with the Minimum Distance
Separation Formulae for any equestrian facility located west of Trussler Road in Wilmot
Township."
Through the review of the initially circulated Draft Plan of Subdivision Modification
Application and Zoning By-law Amendment Application, it was determined that an OPA
Application is also required to permit the lands to be developed with Low Rise Multiple
Residential development.
In this regard, the requested OPA seeks to delete Specific Policy Area 24 and associated
Site Specific Policy 15.D.12.24. The deleted policy would not be replaced with a new
policy.
The rationale to delete Site Specific Policy Area 24 is the same as the rationale to delete
the subdivision draft approval conditions related to MDS: Under the PPS, MDS cannot
legally be applied to the subject lands which are within an existing settlement area. The
Province's policies do not apply to require MDS within settlement areas. Accordingly,
DHA staff is satisfied that the requested OPA to delete Site Specific Policy Area 24 and
associated Site Specific Policy 15.D.12.24 is justified.
Page 65 of 321
Attachment `B' DSD -2025-039
Requested Zoning By-law Amendment:
In addition to applying RES -5 Zone with site specific provisions to the subject lands (and
OSR-2 Zone for the trail along Highway 7/8), the Zoning By-law Amendment (ZBA)
approved by the OMB in 2015 applied a holding provision, which was subsequently
renamed as Holding Provision (30H), through a comprehensive Zoning By-law review by
the City. Holding Provision (30H) states the following:
Within the lands zoned RES -5 and OSR-2 and shown as affected by this provision
on Zoning Grid Schedules 8, 23 and 24 of Appendix A, the holding provision will
not be removed unless development within the identified area complies with the
Minimum Distance Separation Formulae for any equestrian establishment located
west of Trussler Road in Wilmot Township.
In this regard, the applicant has submitted a ZBA Application to permit the lands to be
developed with Low Rise Multiple Residential development. The requested ZBA seeks to
delete Holding Provision (30H). The deleted provision would not be replaced with a new
provision.
It should be noted that this request to delete the holding provision is different than a
request to lift the holding provision, the latter of which would require the condition to be
fulfilled (i.e., the subdivision would have to comply with MDS), though the outcome is the
same: the holding provision would cease to apply to the subject lands.
The rationale to delete Holding Provision (30H) is the same as the rationale to delete the
subdivision draft approval conditions related to MDS: Under the PPS, MDS cannot legally
be applied to the subject lands which are within an existing settlement area. The
Province's policies do not apply to require MDS within settlement areas. Accordingly,
DHA staff is satisfied that the requested ZBA to delete Holding Provision (30H) is justified.
SECTION 4 — THE AMENDMENT
The City of Kitchener Official Plan (2014) is hereby amended as follows:
a) Part D, Section 15.D.12 Area Specific/Site Specific Policy Areas is amended by
deleting Area Specific/ Special Policy 15.D.12.24 Trussler Road/ Highway 7&81
Bleams Road.
b) Map No. 5 —Specific Policy Areas is amended by deleting Specific Policy Area 24.
Trussler Rd/ Highway 7 and 8 / Bleams Rd, as shown on the attached Schedule W.
Page 66 of 321
Attachment `B' DSD -2025-039
APPENDIX 1
NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
468 Trussler Road K11,01"it'NEIR
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: August 11, 2025
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orVirtual Zoom Meeting
Go to kitchener.ca/meetings
and select:
• Current agendas and reports
(posted 10 days before meeting)
Location Map
Appear as a delegation
0 Watch a meeting
To learn more about this project, including
information on your appeal rights, visit:
www.kitchenenca/
PlanningApplications
or contact:
De[Oe "4111�11fflUm D��,aain(:e Sepa0 al.k�)n
Andrew Pinnell, Senior Planner
reqLdren')enis regard4ig
andrew.pinneLL@kitchener.ca
an Equestroan FacT,Jty
519.783.8915
The City of Kitchener will consider applications for a Minor Subdivision Modification,
Official Plan and Zoning By-law Amendments, to delete requirements for Minimum
Distance Separation related to an equestrian establishment, located west of Trussler
Road, and to add conditions to notify purchasers and renters of potential odours, and to
ensure that central air conditioning is installed in units to allow windows and doors to
remain closed duringwarm weather. The Applications would facilitate the development
of the final residential stage of the overall subdivision, which comprises low rise multiple
residential development, open space / trail uses, and a road widening.
Page 67 of 321
Attachment `B' DSD -2025-039
APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee —August 11, 2025
Page 68 of 321
Attachment `B' DSD -2025-039
APPENDIX 3 Minutes of the Meeting of City Council — August 25,
2025
10
Page 69 of 321
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DSD -2025-039 Attachment `C'
PROPOSED BY — LAW
'2025
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law No. 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener — Activa Holdings Inc. — 468 Trussler
Road)
WHEREAS it is deemed expedient to amend Zoning 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 23 and 24 of Appendix "A" to By-law 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 Low Rise Residential Five Zone (RES -5)
with Site Specific Provisions (297), (301), and (303) and Holding Provision
(30H) to Low Rise Residential Five Zone (RES -5) with Site Specific
Provisions (297), (301), and (303).
2. Section 20 of By-law 2019-051 is hereby amended by removing Section 20
(30H) thereto.
3. This By-law shall become effective only if Official Plan Amendment No. _,
468 Trussler Road comes into effect, pursuant to Section 24(2) of The
Planning Act, R.S.O. 1990, c. P.13, as amended.
Page 71 of 321
DSD -2025-039 Attachment `C'
PASSED at the Council Chambers in the City of Kitchener this day
of 12025.
Mayor
Clerk
Page 72 of 321
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NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
468 Trussler Road
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Location Map
D [e 1.1 "\4 II 11 I I'T i 11.11 @ 11 i° .) I s t,a r II (.: e "; e p m ;'V 11 a ,' II ('X' 11
rec l t..�, i r,� �� i u e r rt s e :u
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: August 11, 2025
Location: Council Chambers,
Kitchener City Hall
200, King Street West
o Virtual Zoom Fleeting
Go to kitchener.ca/meetings
and select:
• Current agendas and reports
(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:
wwwAitchenenca/
PlanningApplications
or contact:
Andrew Pinnell, Senior Planner
andrew.pinnell@ kitchener.ca
519.783.8915
The City of Kitchener will consider applications for a Minor Subdivision Modification,
Official Plan and Zoning By-law Amendments, to delete requirements for Minimum
Distance Separation related to an equestrian establishment, located west of Trussler
Road, and to add conditions to notify purchasers and renters of potential odours, and to
ensure that central air conditioning is installed in units to allow windows and doors to
remain closed during warm weather. The Applications w(R8Jq6li7*bf &2elopment
of the final residential stage of the overall subdivision, which comprises low rise multiple
residential development, open space/ trail uses, and a road widening.
Andrew Pinnell, MCIP, RPP
Senior Planner
City of Kitchener
City Hall, P.O. Box 1118
200 King St. West
Kitchener, ON N2G 4G7
Dear Mr. Pinnell:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Shilling Yip (226) 753-1064 (cell)
File: D17-50/2/24015
January 15, 2025
Re: Post Circulation Comments
OPA 24/015/T/AP
(x -Ref Subdivision 30T-08204 Stage 4)
Activa Holdings Inc.
468 Trussler Road
CITY OF KITCHENER
Region staff has reviewed the above -noted application and provide the following
comments. The purpose of the application is to delete Specific Policy Area 24 and
associated site specific Policy 15.D.12.24 which requires that, "Any development within
the identified area will comply with the Minimum Distance Separation Formulae for any
equestrian facility located west of Trussler Road in Wilmot Township." The application
will permit the lands to be developed with Low Rise Multiple Residential development.
On January 1 st, 2025, Bill 23 (the More Homes Built Faster Act, 2022), the upper -tier
without planning responsibilities provisions were proclaimed for the Region of Waterloo.
With this proclamation, certain review responsibilities that the Region historically
undertook on behalf of the Province, including those regarding Minimum Distance
Separation are now the responsibility of the City of Kitchener. As such, the Region will
not be providing any further comments on the MDS analysis or conclusion.
Trussler Road EA
Regional staff provided comments on the proposed ZBA and modifications to conditions
of draft approval for the plan of subdivision in a letter dated November 18, 2024. The
letter included comments on the Region's Trussler Road environmental assessment
currently underway. While those comments continue to apply, by way of an update staff
Document Number: 4869199 Version: 2
Page 75 of 321
wish to advise that information related to detail design will not be available until Q4 2025
instead of Q2 as previously noted.
Staff also advise that no modifications to Regional condition 3.6 (road widenings) are
required at this time. Any requirements to road improvements stemming from the EA
will be addressed as part of site plan for Stage 4, or through the EA process.
Other
The Region's OPA review fee was received December 9, 2024. However this fee amount
does not reflect the current fee. Staff understands the applicant is processing a
subsequent cheque to cover the balance owing. This arrangement is satisfactory to
Regional staff.
Should you have any questions, please do not hesitate to contact the undersigned.
Yours truly,
Shilling Yip, MCIP, RPP
Principal Planner
cc. Pierre Chauvin, MHBC Planning
Katrina Fluit, Region Corridor Development
Document Number: 4869199 Version: 2
Page 76 of 321
Andrew Pinnell
From: Andrew Martin <andrew.martin@Wilmot.ca>
Sent: Monday, January 13, 2025 3:34 PM
To: Andrew Pinnell; Amanda Kutler; Shilling Yip
Cc: Harold O'Krafka
Subject: RE: Circulation for Comment - 468 Trussler Road (OPA) / Planning Justification Report
Addendum
Hi Andrew,
In instances where the Province chose to expand the Township Urban Boundary into areas with an MDS impact,
the Township requested that those lands not be included and that the boundary be drawn back to preserve the
MDS protection. Ideally that would have occurred in this example, but given the boundary now exists, I would tend
to agree that MDS 1 no longer applies.
Notwithstanding that MDS 1 is no longer applicable given the current boundary limit, we had previously suggested
that an MDS calculation be completed to assess the impact of the existing home at 483 Trussler on the equestrian
facility. A prior PJR provided that information and the Township generally concurred that existing home at 483
Trussler Rd and the pre ROPA 6 urban boundary already impacted the ability of the equestrian facility to expand
and this newest boundary limit creates very little new impact.
The Township has no further comments on this application.
Andrew anti , MCIP RPP
Manager of Planning and Economic Development
Development Services I Township of Wilmot 1519-634-8519 x.
urnot 9245
Page 77 of 321
Andrew Pinnell
From: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca>
Sent: Wednesday, June 12, 2024 10:51 AM
To: Andrew Pinnell
Cc: Backtash, Khalid (MTO)
Subject: FILE # MTO-LD-2024-31 L-000180 (30T-08204 Stage 4 & ZBA Removal of Holding
Provision)
Good morning Andrew,
The Ministry of Transportation (MTO) has completed a review of the incoming file # MTO-LD-2024-
31 L-000180. The documents were reviewed in accordance with the requirements of the Public
Transportation and Highway Improvement Act, permits previously issued related to the subdivision
and all other related MTO policy.
The site is in proximity to Highway 7&8, which is designated as a Controlled Access Highway
(CAH). As such, all requirements, guidelines and best practices in accordance with this classification
and designation shall apply;
The owner should be aware that the property falls within MTO's Permit Control Area (PCA), and as
such, MTO Permits may be required before any demolition, grading, construction or alteration to the
site commences. In accordance with the Ontario Building Code, municipal permits may not be issued
until such time as all other applicable requirements (i.e.: MTO permits/approvals) are satisfied.
While MTO has no specific comment or requirement for the removal of the holding provision
(Minimum Distance Separation Formulae ("MDS") to the Brookside Equestrian Centre, located on 493
Trussler Road) MTO provides the following comments on outstanding items related to MTO
requirements / permitting for this phase of and the subdivision overall.
As identified earlier, lands as identified as required by MTO are to be transferred to MTO from
the North West corner of the site.
An agreement (MOU) between the Regional Municipality of Waterloo and MTO addressing the
construction of highway improvements, required as a result of this subdivision will need to be
executed prior to issuance of any future MTO permits. MTO is in the process of drafting this
agreement (MOU).
As a condition of MTO permits a SWM Plan shall be provided for Stage 4 for MTO review.
Additionally, prior to the construction of the Community Trail within the MTO 14m setback, an
agreement is required between the City of Kitchener and MTO addressing the location and future use
of the trail will need to be executed prior to issuance of MTO permits for the trail.
If there are any questions please contact me directly.
Thank you,
Jeremiah Johnston
Corridor Management Planner I Highway Operations Branch
Page 78 of 321
Ministry of Transportation I Ontario Public Service
(226)-980-6407 1 Jeremiah johnston(a ontario.ca
4t" Floor, Corridor Magment Office
659 Exeter Road,
London, ON WE ZL3
Ontario 0
Taking pride in strengthening Ontario, its places and its people
Page 79 of 321
Andrew Pinnell
From: Niall Melanson
Sent: Wednesday, May 15, 2024 1:30 PM
To: Andrew Pinnell
Subject: FW: Circulation for Comment - Modification to Draft Plan of Subdivision 3OT-08204
(Stage 4) & ZBA Removal of Holding Provision - 468 Trussler Road
Attachments: Modification Circulation Letter_Activa Trussler Stage 4 -May 2O24.pdf
No concerns from Engineering.
Thanks
Niall Melanson, C.E.T.
Project Manager, Development Engineering, City of Kitchener
rill.melanson kitchener.ca, 519-741-2200 x 7133
... _...............................................�................................................
200 King St. W., Kitchener, ON N2G 4G7
Page 80 of 321
Andrew Pinnell
From: NiaUK4elanson
Sent: Monday, December 9.2O241:S1 PM
To: Andrew Pinnell
Subject: Circulation for Comment - 468 Trussler Road (C)PA)
Hello Andrew
Engineering has no concerns regarding this application.
Niall Me|anson, C.E.T.
Project Manager, Development Engineering, City ofKitchener
519-783-8444
auuKing St. vv,Kitchener, ommzG4s7
Page 81 of 321
Andrew Pinnell
From: Barbara Steiner
Sent: Monday, May 13, 2024 7:09 PM
To: Andrew Pinnell
Subject: City Envl Planning RE: Modification to Draft Plan of Subdivision 30T-08204 (Stage 4) &
ZBA Removal of Holding Provision - 468 Trussler Road
Attachments: Modification Circulation Letter_Activa Trussler Stage 4 -May 2024.pdf
Andrew: City Environmental Planning has no concerns with the proposed modification, nor the removal of the holding
provision.
Barbara Steiner
Senior Environmental Planner I Planning I City of Kitchener
519-741-2200 X7293 I TTY 1-866-969-9994 1 barbara.steiner@kitchener.ca
Page 82 of 321
Andrew Pinnell
From: Barbara Steiner
Sent: Friday, December 20, 2024 12:51 PM
To: Andrew Pinnell
Subject: City Environmental Planning RE: - 468 Trussler Road OPA24/015/T/AP - DP 30T-08204
Andrew
All natural heritage issues (features/functions) and compliance with City's Tree Management Policy were addressed
during the circulation and review for DP 30T-08204.
The Kitchener Natural Heritage System (KNHS) in the area of the DP, Trussler Woods, an upland Regionally Significant
Woodland with wetland inclusions, was addressed in the EIS/ EIR (Ecoplans 2008 with Addenda 2010 and 2013 (MMM)),
submitted and approved with the DP application. The treed vegetation subject to City policy was finally addressed in the
approved Detailed Vegetation Plan, all stages (MMM/WSP 2019). This northwest area of the DP had only a few trees
associated with a rural laneway and farmhouse which were approved for removal; the balance of the area was cropland.
City Environmental Planning therefore has no concerns with OPA24/015/T/AP.
Barbara Steiner
Senior Environmental Planner I Planning I City of Kitchener
519-783-89471 TTY 1-866-969-9994 1 barbara.steiner@kitchener.ca
PHONE NUMBER CHANGE — As of November 12, 2024 you can reach me directly at 519-783-8947.
Page 83 of 321
Andrew Pinnell
From: Christine Kompter
Sent: Tuesday, May 28, 2024 8:03 AM
To: Andrew Pinnell
Subject: FW: Kitchener - 468 Trussler Road - 30T-08204 (Stage 4)
Christine Kompter
Administrative Assistant I Development Services Department - Planning I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 I TTY 1-866-969-9994 christine.kompter@I<itchener.ca
From: AMIN Pranav <Pranay.Amin1@HydroOne.com>
Sent: Monday, May 27, 2024 4:47 PM
To: Christine Kompter <Christine.I<ompter@kitchener.ca>
Subject: Kitchener - 468 Trussler Road - 30T-08204 (Stage 4)
10117111
r
rVIF. MT
IF::or proposals affecting'Il...ow Voltage IDistribution IF::aciiliities' the Ownerr/Aplpliicanrt should consult their local area
IDiistriilbudon Supplier. Where Il lydro One its the local supplier the Owner/AlppHcaint must contact the II Nydro
subdivision group at subdivision(@Hydroone.com_oir 1 866 272. 3330.
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
i
Page 84 of 321
I II
MENU IMI IE L IP SEARCH
Customers Affected: 0 �>5000 0 5,011-5 d0I 0 51-500 0 211- 5,01 C
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If you Ihave any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunicationsPHydroOne.com to be connected to your Local Operations Centre
If you Ihave any questions please feel free to contact myself.
Th a n Ik you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis. DeRango(cbHyd roOne. com
2
Page 85 of 321
Andrew Pinnell
From: Lenore Ross
Sent: Thursday, June 20, 2024 9:36 AM
To: Andrew Pinnell
Subject: RE: Circulation for Comment - Modification to Draft Plan of Subdivision 30T-08204
(Stage 4) & ZBA Removal of Holding Provision - 468 Trussler Road
Hi Andrew,
I have reviewed the correspondence sent to the Parks Inbox while I was away May 3 -June 10 2024 and noted that there
was a Minor Mod/ZBA application for 30T-08204 /Trussler West circulated on May 09 2024 and a follow up email sent
May 21 2024. Based on our files, it does not look like anyone from Parks responded, and I apologize for that
omission. Parks comments are provided below for the record.
I have reviewed the proposed changes to draft approval conditions for Stage 4 concerning potential odors related to the
adjacent agricultural operations. Similarly, through the proposed ZBA, the existing 30H provision requiring the
development to comply with the Minimum Distance Separation Formulae is proposed to be removed.
Parks has no concerns with the proposed changes to the draft plan conditions specifying a new warning clause for
odor. Although a portion of the affected lands are zoned OSR, Parks does not have any concerns with the proposed
zone change to remove the 30H provision.
Regards,
Lenore
Lenore Ross MSc, MCIP, RPP
Parks Planning and Development Project Manager
Development and Housing Approvals I Development Services I City of Kitchener
519-741-2200 ext 7427 1 TTY 1-866-969-9994 1 Lenore. Ross@Kitchener.ca
Discover nature in the city: www.kitchener.ca/parks
A City for Everyone — Working Together -- Growing Thoughtfully -- Building Community
Page 86 of 321
Andrew Pinnell
From: Lenore Ross
Sent: Thursday, December 19, 2024 11:09 AM
To: Andrew Pinnell
Subject: RE: Circulation for Comment - 468 Trussler Road (OPA)
Attachments: RE: Circulation for Comment - Modification to Draft Plan of Subdivision 30T-08204
(Stage 4) & ZBA Removal of Holding Provision - 468 Trussler Road
Hi Andrew,
As with the ZBA, Parks has no concerns or requirements for the OPA related to the proposed changes.
Regards,
Lenore
Page 87 of 321
Andrew Pinnell
From: Dave Seller
Sent: Tuesday, May 14, 2024 1:27 PM
To: Andrew Pinnell
Subject: TS comments - Modification to Draft Plan of Subdivision 30T-08204 (Stage 4) & ZBA
Removal of Holding Provision - 468 Trussler Road
Attachments: Modification Circulation Letter_Activa Trussler Stage 4 -May 2024.pdf
Transportation Services have no concerns with the mod or removal of the holding provision.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 east, 7369 I TTS' 1-866-969-9994 I dave.seller(o)kitchener.ca
Page 88 of 321
Application type:
Comments of:
Commenter's name
Email:
Phone:
Date of comments:
Comments due:
Project address:
Amanda:
City of Kitchener
OPA comments
Official Plan Amendment OPA24/015/T/AP
Transportation Services
Dave Seller
dave.sel ler@ kitchener.ca
519-783-8152
December 18, 2024
December 20, 2024
468 Trussler Road (Stage 4, 30T-08204)
24-130783
Applicant proposal
The applicant is requesting an Official Plan Amendment to delete Specific Policy Area 24 and associated
Site Specific Policy 15.D.12.24, which says, "Any development within the identified area will comply with
the Minimum Distance Separation Formulae for any equestrian facility located west of Trussler Road in
Wilmot Township." The application will permit the lands to be developed with Low Rise Multiple
Residential development.
Conclusions
Transportation Serves have reviewed this application and have no concerns.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 89 of 321
Andrew Pinnell
From: Planning <planning@wcdsb.ca>
Sent: Friday, May 17, 2024 4:38 PM
To: Andrew Pinnell
Subject: RE: Circulation for Comment - Modification to Draft Plan of Subdivision 30T-08204
(Stage 4) & ZBA Removal of Holding Provision - 468 Trussler Road
You don't often get email from planning@wcdsb.ca. Learn why this is important
Good Afternoon Andrew,
The Waterloo Catholic District School Board has reviewed the subject modification and removal of holding provision and
has no objecions or new comments to add.
If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
Page 90 of 321
Andrew Pinnell
From: Planning <o|anning@wcdsbza>
Sent: Monday, December 16.2OZ42:58PK4
To: Andrew Pinnell
Subject: Re: Circulation for Comment 468 Trussler Road (OPA)
Hi Andrew,
The WaterLoo CathoLic District School. Board has reviewed the subject appLication and has no objections
ornew comments toadd.
Thonkyou'
Kind regards,
|sabeWeLung Ler
Planning Technician
Waterloo Catholic District School Board
Phone: 518-578-3677x2355
Page 91 of 321
Andrew Pinnell
From: Jennifer Arends
Sent: Thursday, November 28, 2024 2:30 PM
To: Andrew Pinnell
Subject: FW: Circulation for Comment - 468 Trussler Road (C)PA)
Attachments: Dept & Agency Circ Letter - 468 Trussler Rd.pdf, Cover Letter.pdf, OPA Application
Form.pdf
No concerns or comments from fire on this one.
Thank you Andrew,
Jennifer Arends
Fire Prevention Officer I City of Kitchener
519-783-7983 1 j innii;f ir,,ar ,ird.s..glkitclheneir„ca
Page 92 of 321
Andrew Pinnell
From: Angela Wang <awang@grandriver.ca,
Sent: Wednesday, November 27, 2024 1:45 PM
To: Andrew Pinnell
Subject: RE: Circulation for Comment - 468 Trussler Road (C)PA)
You don't often get email from awang@grand hvecca. Learn why this is important
Hi Andrew,
Please be advised that the subject Lands are not regulated by the GRCA under Ontario ReguLation 41/24.
Aosuch, vvevviKnot beproviding comments onthis appUcation.
Kind regards,
Angela Waing
U0t(..,irirnediatBF�,eso0rce ���1U4n0er
4UOClyde Rd
Cambridge, C)NN1R5VV5
Office: 519-021-2783ext. 227O
EDl8i|:
n
Page 93 of 321