Planning & Strategic Initiatives Committee

Transcription

1 REPORT TO: DATE OF MEETING: August 11, 2014 SUBMITTED BY: Planning & Strategic Initiatives Committee Alain Pinard, Director of Planning PREPARED BY: Katie Anderl, Senior Planner, ext WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 21, 2014 REPORT NO.: CSD SUBJECT: DRAFT PLAN OF SUBDIVISION 30T ZONE CHANGE APPLICATION ZC08/10/A/JVW OFFICIAL PLAN AMENDMENT OP/14/03/A/KA 150 AMAND DRIVE OWNER: MATTAMY (WESTMOUNT) LIMITED EXECUTIVE SUMMARY: Mattamy (Westmount) Limited is seeking approval of a draft Plan of Subdivision, Official Plan Amendment and a Zone Change to allow the subject lands to be developed with a residential subdivision designed in accordance with the Rosenberg Secondary Plan. The subject plan includes low-rise residential, a storm water management pond and a portion of a school site. Staff are in support of the proposed Plan of Subdivision, Zone Change application and Official Plan Amendment subject to the conditions outlined in this report. Subject Lands Location Map 3-1

2 RECOMMENDATION: A. That Official Plan Amendment Application OP14/03/A/KA for Mattamy (Westmount) Limited at 150 Amand Drive requesting a change to the Rosenberg Secondary Plan to reorient the school block on the parcel of land specified and illustrated as the Area of Amendment on Schedules A and B, be adopted, in the form shown in the Official Plan Amendment attached to Report CSD as Appendix A, and accordingly forwarded to the Region of Waterloo for approval; AND B. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law , grant draft approval to Plan of Subdivision Application 30T in the City of Kitchener, for Mattamy (Westmount) Limited, subject to the conditions attached to Report CSD as Appendix B ; AND C. That Zone Change Application ZC08/10/A/JVW for Mattamy (Westmount) Limited for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Four Zone (R-4), Residential Six Zone (R-6), Public Park Zone (P-1), Open Space Zone (P-2), Hazard Land Zone (P-3) and Neighbourhood Institutional Zone (I-1) with site specific special provisions be approved in the form shown in the Proposed By-law dated July 18, 2014 attached to Report CSD as Appendix C ; AND FURTHER D. That the closure of the redundant portion of Amand Drive be approved in principle, and that Legal Services be instructed to proceed with the preparation of a By-law and advertising in the local newspaper for the closing of the road. The road closure shall be subject to the following conditions: a. That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to close that portion of Amand Drive and convey a licence to the owners of 1905 Huron Road to cross over the lands to access the rear of their property; b. That the subdivider be responsible for all of the costs related to the road closure, including but not limited to City legal fees, registration, and advertising associated with the closure of the road, including preparation of the required reference plan; and, c. That a road closing By-law be enacted by Council. BACKGROUND: The subject lands are owned by Mattamy (Westmount) Limited and are located in the Rosenberg community. A previous owner applied for draft approval of a Plan of Subdivision and a Zone Change in These applications were subsequently appealed and were considered through the overall planning for the Rosenberg Community. Following the resolution and completion of the Rosenberg Secondary Plan, revised applications were submitted by Mattamy (new owner) in the spring of The subject lands are hectares in size and will complete Mattamy s Wildflowers Subdivision (30T-08201), which received draft approval from the Ontario Municipal Board July 18, The applicant is proposing to develop the lands with up to 63 residential dwellings, roads which connect the local street system, part of a public school site, portions of urban greens, open space, and a stormwater management pond. 3-2

3 REPORT: Policy Conformity Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities. Specific policies promote the efficient development of lands; the provision of a range of housing types, institutional lands, parks and open spaces to meet long-term needs; avoiding development that may cause environmental, public health or safety concerns; and providing land use patterns that support active transportation, including the provision of trails and linkages, and which are transit supportive. Policies require natural heritage features to be protected and that the ecological function and biodiversity of natural heritage systems is maintained, restored and improved. The proposed development is consistent with the PPS Growth Plan for the Greater Golden Horseshoe The subject lands are within the designated greenfield area as defined by the 2006 Growth Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and transit services and which creates high quality public open spaces that support opportunities for walking and cycling. The subject applications comply with the policies of the Growth Plan. Regional Official Policies Plan The subject lands are within the Urban Area established in the Regional Official Policies Plan (ROPP). Regional policies support the development of complete communities having development patterns and densities that support walking, cycling and transit. ROPP policy supports establishing a network of sidewalks, trail and bicycle pathways that provide safe and convenient links within the neighbourhood and to other neighbourhoods. Staff is of the opinion that the proposal, subject to the recommended conditions, satisfies the policies of this plan. City of Kitchener Growth Management Plan (KGMP) The subject lands are identified as Priority B in the KGMP which supports the processing of applications and development of these lands. Proposed Official Plan Amendment The subject lands are located within the Rosenberg Secondary Plan in the City s southwest urban area. Rosenberg is envisioned as being a complete community with a strong focus on urban design, connectivity, providing high quality parks and green spaces, and variety and choice in housing and modes of transportation for residents. The subject lands are designated Low Density Residential One, Low Density Residential Two, Neighbourhood Institutional and Natural Heritage Conservation. The plan also identifies Seabrook Drive as a Priority Street and policies require special attention to streetscape and built form along such streets. Conditions are included in this regard. An Amendment to the Rosenberg Secondary Plan is required in support of the proposed subdivision to shift the school site west of the approved school location, to the intersection of Amand Drive and Seabrook Drive. As discussed in the proposed Official Plan Amendment, attached as Appendix B, staff are of the opinion that the amended school location will continue to achieve the policies of the Rosenberg Secondary Plan. Staff recommend the Official Plan Amendment be adopted by Council and forwarded to the Region of Waterloo for approval. The proposed Plan of Subdivision and associated zoning comply with other land use designations and policies of the Rosenberg Secondary Plan. 3-3

4 An Amendment to the Final New Official Plan is not required at this time. Changes to the Secondary Plans, including the Rosenberg Secondary Plan, are not being considered for adoption into the Final New Official Plan at this time, and are being deferred. Proposed Zone Change The subject lands are zoned Agricultural Zone (A-1). The applicant is proposing to change the zoning as follows: Area 1: Residential Four Zone (R-4) with Special Regulation Provisions 604R, 605R and 612R to permit single detached dwellings, semi-detached dwellings, duplex dwellings, home day cares and home businesses. The Special Regulations are further described below. Area 2: Residential Six Zone (R-6) with Special Regulation Provisions 604R, 606R and 612 to permit single detached dwellings, semi-detached dwellings, duplex dwellings, street fronting townhouses, low-rise multiple dwellings, home day cares and home businesses. The Special Regulations are further described below. Areas 3 & 7: Area 4: Area 5: Area 6: Neighbourhood Institutional Zone (I-1) with Special Use Provision 437U to permit the elementary school site. The Special Use Provision will require the site be developed with other institutional uses only (not residential uses) should the elementary school not proceed. The Special Use Provision will also be added to Area 7, which is the portion of the school site located within Plan of Subdivision 30T-08201, to ensure the entire school site has the same zoning. Public Park Zone (P-1) for multi-use pathways. Open Space Zone (P-2) for open space and buffers to the natural features. Hazard Land Zone (P-3) for the stormwater management pond. The Special Regulation Provisions proposed to be added to the residential lands were developed for the neighbouring Mattamy subdivision (30T-08201) and received approval by the Ontario Municipal Board. Their intent is to provide for intensive development of single detached dwellings by providing for reductions to regulations such as lot width, setbacks etc. The subject lands are also proposed to be developed by Mattamy and the zoning regulations will ensure that there is a consistent streetscape along those streets which continue from the previously approved plan and onto these lands. Continuation of these regulations will create consistency and predictability within this neighbourhood. Staff are of the opinion that the special regulations will not detract from the quality of the community being developed, and subject to the implementation of the Streetscape Plan and Priority Lotting Plans, staff expect that the streets and buildings will be well-designed. Subdivision Design The subject lands will complete the larger Mattamy community which also includes draft approved Plan of Subdivision 30T This community is envisioned to be a pedestrian and transit supportive neighbourhood that will integrate well with the existing urban fabric and be compatible with adjacent land uses. The community will be characterized by predominantly low to medium density residential units, with higher density development located along the Fischer- Hallman transit corridor. The subject lands are located at the western edge of the community and are proposed to contain low-density residential uses (45-63 units), an elementary school and a large stormwater management pond. A great deal of the lands in this subdivision (nearly 3-4

5 80%) are dedicated to institutional and public uses including a school, stormwater management pond, open space, streets and multi-use pathways. Urban Design Guidelines were prepared in support of the proposed subdivision (and the larger Mattamy community). Objectives of this plan are in keeping with the City s Design Brief for Suburban Development and the policies of the Rosenberg Secondary Plan. In staff s opinion the development is well designed and achieves walkability, variety, place-making, conservation, connectively, safety, liveability, balance and is transit supportive. As per the discussion in the Official Plan Amendment, the school site is located in an accessible and walkable location. The site allows the building to be sited at the intersection of Seabrook Drive and Amand Drive which will serve as a focal point within the community, helping to create a sense of place. Streets within the subdivision are planned to incorporate on-street parking, cycle lanes, sidewalks and traffic calming features. A multi-use pathway is proposed along the western side of Amand Drive, which will provide for a continuous off-street walking and cycling corridor. It is anticipated that this corridor would be further extended north to Bleams Road at such time as Amand Drive is extended. Approval of a Streetscape Plan is required through the standard conditions of subdivision approval. Environment The subject property can be characterized as predominantly cultivated agricultural land with adjacent rural residences and associated landscaping. It is located within the Alder Creek Subwatershed. Two woodlands are associated with this property one northeast and one west of the subject property. They can be described as primarily upland dry-fresh Sugar Maple deciduous forest. Both of these woodlands are considered a Core Environmental Feature (Williamsburg Woods ESPA #82). In order to appropriately protect, preserve and enhance these features, a 30 metre buffer is identified in the Alder Creek Watershed Study and Upper Strasburg Creek Watershed Study. The dedication of Block 12 to the City will complete the required buffer to the feature located east of the proposed subdivision in Draft Approved Plan 30T The subdivider also proposes a 30 metre buffer to the portion of the woods west of the subject lands. This buffer is proposed to consist of a 20 metre no touch area, and a 10 metre area which will provide for grade transition to the stormwater management facility, but which will ultimately be naturalized. Environmental Planning Staff are satisfied with the proposed 20m/10m concept proposed for this plan. Stormwater Management Stormwater for the subject lands will be directed toward a new stormwater management pond. This facility has been sized to accommodate flows from the subject lands, and from adjacent plan 30T Sanitary/Water Servicing All lots will be serviced with municipal sanitary sewers and municipal water servicing in accordance with City standards. Engineering Services staff have confirmed that there is sufficient servicing capacity. Transportation and Traffic Transportation Planning staff are satisfied with the layout of streets within the subdivision. Access to these lands is provided through adjacent plan 30T-08201, and street designs and widths will be consistent with those in the neighbouring plan. Cycling lanes will be provided on 3-5

6 Amand Drive and Seabrook Drive. Transit stops are planned to be located on Seabrook Drive near Amand Drive. Sidewalks or multi-use pathways will be provided on all streets. An On-Street Parking Plan is required through conditions of approval to ensure the provision of sufficient parking within this neighbourhood. Special consideration will be paid to streets in the vicinity of the proposed elementary school, and on-street parking will be prohibited along all school frontages, and limited to non-school hours across from school frontages. Traffic calming measures such as curb extensions will be provided on Amand Drive at Grovehill Crescent and Seabrook Drive, and a neighbourhood scale round-about will be located at the intersection of Amand Drive and Seabrook Drive. Parkland, Multi-Use Pathways and Open Space The Rosenberg Secondary Plan designated locations for urban greens and neighbourhood parks and Multi-Use Pathways throughout the subdivision. Parkland dedication will be taken as land at 5% and includes two park spaces on either side end of the stormwater management pond. These spaces will be combined with corresponding lands in 30T to form passive park space containing sections of the multi-use trail. Open Space in the form of a buffer to the core environmental feature to the west is also being provided between the edge of the plan and the stormwater management pond. Amand Drive Closure Amand Drive is proposed to be realigned through the Mattamy community. Staff are recommending that the redundant portion of Amand Drive be closed at such time as Amand Drive is rebuilt. Recommendations and conditions have been included in this regard. Two property owners currently use the section of Amand Drive as a secondary access to a private road and privately owned woodlot. Both property owners wish to preserve their secondary access to the woodlot. Mattamy has agreed to convey their portion of the private lane (Blocks 4 and 5) to adjacent property owners through the conditions of draft approval. The owner of 1905 Huron Road is contemplated to be granted access by way of a licence, over a future City owned parcel south of the proposed stormwater management pond (via block 446 in adjacent plan of subdivision 30T-08201). The owner of 1478 Trussler Road is contemplated to be provided a private driveway from Amand Drive directly to the private road (via stage 7 of 30T-08201). Staff have met with the affected property owners and they are in support of the proposed solution. In order to protect the woodlot, fencing will be erected along the boundary between the private road and the open space buffer, with the provision of locked gates to allow the private access, while prohibiting the general public to access the private road and woodlot. Agency Comments Any requirements have been addressed or are included as conditions of approval. Community Input Most comments received from property owners requested notification of the public meeting, and/or provide comments with respect to the related subdivision 30T Staff note that the owner of 1705 Huron Road provided comments on the 2008 circulation, but has subsequently sold their property to Mattamy, and these lands have been incorporated into 30T One neighbouring property owner requested that a fence be erected along the edge of the woodlot to prevent dumping. This request can be accommodated, and a fence will be erected between the 3-6

7 open space blocks and the edge of the woodlot to prevent access to the private laneway and the privately owned woodlot. Planning Analysis: In considering the foregoing, staff are supportive of the proposed Draft Plan of Subdivision, Official Plan Amendment and Zone Change. Staff are of the opinion that the proposed adjustments to the Rosenberg Secondary Plan are appropriate for the development of the school site and neighbourhood. The proposed plan of subdivision will complete the Mattamy community, and the zoning provides for a consistent application of setbacks within this contemporary, well-designed subdivision. The subject applications are consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Staff are of the opinion that the proposed Draft Plan of Subdivision, Official Plan Amendment and Zone Change represent good planning. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will align with the Kitchener Strategic Plan as it aligns with the Community Priorities: Development and Environment. The proposed Draft Plan, Official Plan Amendment and Zone Change applications allow for the completion of this mixed use community. Features of the plan including multi-use pathway connections and cycling lanes will help provide for a sustainable healthy community for residents. Environmental features such as buffers to natural areas and infiltration galleries will help to conserve, protect and improve the environment for the benefit of residents. FINANCIAL IMPLICATIONS: Upon registration, there will be ongoing operations costs for the maintenance of the open space, stormwater management pond, parks, multi-use pathways, walkways, 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. COMMUNITY ENGAGEMENT: INFORM & CONSULT- The proposed draft plan of subdivision was originally circulated to property owners within 120 metres of the subject lands in June In response to this circulation staff received responses from six property owners. Notice signs were erected in 2008 as well. The applications were put on hold until 2013 to allow for the completion of the Rosenberg Secondary Plan. The application was revised to reflect the Rosenberg Secondary Plan and was recirculated to all property owners within 120 metres of the subject lands in June In response to the recirculation, staff received no further written responses. As a year has lapsed since the last re-circulation was undertaken, a courtesy notice of the public meeting will be circulated to all property owners within 120 metres of the subject lands. Notice of the Public Meeting will be given in The Record on July 18, This report will be posted to the City s website with the agenda in advance of the council/committee meeting. CONSULT & COLLABORATE staff have met with the owners of 1905 Huron Road and 1478 Trussler Road (who are directly impacted by the proposed realignment of Amand Drive) and have reached a solution, as described in the report, to allow continued access to the privately owned lane and woodlot. 3-7

8 CONCLUSION: Based on the foregoing, the Draft Plan of Subdivision, Official Plan Amendment and Zone Change applications are appropriate and represent good planning. They provide for the completion of this portion of the community and provide lands for a future elementary school. The issues identified through the preliminary circulation have been included as conditions of approval, as necessary. The lands are identified in the Kitchener Growth Management Plan for consideration of draft approval, the plan represents proper and orderly development of the City and considers the criteria identified in Section 51(24) of the Planning Act for the subdivision of land. This plan meets density requirements as set out in the City, Regional and Provincial policy and incorporates urban design principles. Therefore, it is recommended that the applications be approved subject to conditions outlined in this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Mark Hildebrand, Acting Deputy CAO (Community Services) Appendices A Proposed Official Plan Amendment and Schedules B Conditions of Draft Approval and Proposed Draft Plan C Proposed Zoning By-law & Map 1 D Newspaper Notice E Agency Comments F Neighbourhood Comments 3-8

9 Appendix A Proposed Official Plan Amendment AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER MATTAMY (WESTMOUNT) LIMITED 150 Amand Drive 3-9

10 Appendix A Proposed Official Plan Amendment AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER MATTAMY (WESTMOUNT) LIMITED 150 AMAND DRIVE INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 TITLE AND COMPONENTS PURPOSE OF THE AMENDMENT BASIS OF THE AMENDMENT THE AMENDMENT APPENDICES APPENDIX 1 APPENDIX 2 Notice of the Meeting of Planning and Strategic Initiatives Committee of August 11, 2014 Minutes of the Meeting of Planning and Strategic Initiatives Committee August 11, 2014 APPENDIX 3 Minutes of the Meeting of City Council August 25,

11 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 this Official Plan Amendment is to amend the existing Neighbourhood Institutional designation in the Rosenberg Secondary Plan to provide for the proposed location of the public school. SECTION 3 BASIS OF THE AMENDMENT The Rosenberg Secondary Plan currently identifies a school site south of and with frontage on Seabrook Drive. The school is located adjacent to the neighbourhood park. Mattamy (Westmount) Limited is proposing to locate a public elementary school west of the approved school location, at the intersection of Amand Drive and Seabrook Drive. The proposed school site was developed in consideration of the needs of the Waterloo Region District School Board (WRDSB). The WRDSB has indicated they are supportive of the location, size and orientation of the parcel. The school site was shifted to the west for a number of reasons. First, the school board has indicated that wherever possible they require a minimum separation distance of 200 metres from a gas pipeline. A major gas pipeline runs parallel to Ludolph Street in the Rosenberg Community, and the school location is within this 200 metres of the pipeline. In order to accommodate a school location outside the preferred separation distance, the site must be shifted to the west. While a portion of the school site is still less than 200 metres from the pipeline, the school building can be located outside the preferred separation distance. The WRDSB has indicated that they are satisfied with the separation distance. The WRDSB has also indicated that they require a larger school site than was originally shown in the secondary plan. The Secondary Plan anticipated a school site having a size of 2.4 hectares, while the proposed school site is 2.9 hectares. The WRDSB has indicated that they are satisfied with the proposed parcel size. The location of the school has also been impacted by the approved layout and design of neighbouring subdivision 30T-08201, which has incrementally impacted the school site and influenced the proposed shift to the west. Such changes include the approved location of Ludolph Street, which is located about 30 metres west of the approved location; the spacing and layout of streets south of the park and school site, which have resulted in a horizontal orientation of these parcels, rather than a vertical orientation as originally anticipated; and the introduction of residential uses along the south side of Seabrook Drive. In order to achieve the size of the school site required by the board, all these factors have influenced the shifting of the site to the west. Policies of the Rosenberg Secondary Plan speak to locating schools centrally so that they are accessible and walkable to each neighbourhood, integrating schools into the community at landmark locations that may serve as focal or destination points, and in locations that will allow as many children as possible to walk or cycle to school. Staff are of the opinion that that the proposed shift continues to provide for a centrally located school site, and a school and park that together will create a central destination within the greater community. The proposed site is easily accessible, and the school board has indicated that the revised location will not impact walkability for students. From an urban design and neighbourhood design perspective, the proposed location at the intersection of Amand Drive and Seabrook Drive forms a prominent intersection in the community and will allow for a building location and design that will help to frame and address this intersection

12 While the school will be located at the intersection of two major collector roads, it is not expected that there will be any residential dwellings west of Amand Drive. Therefore, students will not need to cross Amand Drive to walk to school. Transportation Services staff have also indicated that parking will be prohibited at all times, along the school frontage on both Seabrook Drive and Amand Drive. On-street parking will be limited to non-school hours on the opposite sides of these streets to discourage student drop-offs from occurring on these roads. School bus zones and on-site traffic circulation will be addressed in detail through the Site Plan process for the proposed elementary school site. In conclusion, the proposed school location will allow the school to continue to achieve the objectives of the Rosenberg Secondary Plan. Based on the foregoing, the proposed amendment is considered appropriate for the development of the land. The amendment complies with the Regional Official Policies Plan, is consistent with the Provincial Policy Statement and Places to Grow Growth Plan for the Greater Golden Horseshoe. SECTION 4 THE AMENDMENT 1. The City of Kitchener Official Plan is hereby amended as follows: a) Map Nos. 22a and 22e are amended as shown on the attached Schedules A1 and A

13 Appendix A Proposed Official Plan Amendment APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of August 11, 2014 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED PLAN OF SUBDIVISION AND AMENDMENTS TO THE KITCHENER OFFICIAL PLAN AND ZONING BY-LAW UNDER THE SECTIONS 17, 22, 34 AND 51 OF THE PLANNING ACT 150 Amand Drive The City of Kitchener has received applications for Draft Plan of Subdivision, Official Plan Amendment and Zone Change to permit the lands to be developed with a low rise residential subdivision. The subject lands are 10 hectares in size and are proposed to be developed with single detached dwellings, a public elementary school, a stormwater management pond and open space. The Official Plan Amendment accommodates a reorientation of the school site. The lands are proposed to be rezoned to low rise residential zones R-4 and R- 6, park and natural lands zones P-1, P-2 and P-3, institutional zone I-1 (including a block in adjacent lands), as well as adding associated special use and regulation provisions. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, August 11th at 7:00 P.M. COUNCIL CHAMBERS, 2 nd FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted proposals. If a person or public body does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of these proposals, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the meeting agenda (posted 10 days before the meeting at - click on the date in the Calendar of Events and select the appropriate committee), or in person at the Planning Division, 6 th Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Katie Anderl, Senior Planner ext (TTY: ), katie.anderl@kitchener.ca ), katie.anderl@kitchener.ca 3-13

14 Appendix A Proposed Official Plan Amendment APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee August 11,

15 Appendix A Proposed Official Plan Amendment APPENDIX 3 Minutes of the Meeting of City Council August 25,

16 CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 22A ROSENBERG SECONDARY PLAN COMMUNITY STRUCTURE MAP Corridor Node FISCHER HALLMAN RD Legend Neighbourhood Area SEABROOK DR " Planned School Site Neighbourhood Gateway Primary Arterial Road Major Collector Road!( 2!( NP Minor Collector Road!!!!! Scenic-Heritage Road!( 1!( 3!( 4 2 Minute Walking Distance from Centre 5 Minute Walking Distance from Centre!( Urban Green AMAND DR LUDOLPH ST WEST OAK TRAIL DR HURON RD!( NP Neighbourhood Parks Area of Amendment!( 1!( 3!( 4!( 2 From Neighbourhood Area To Planned School Site From Planned School Site To Neighbourhood Park From Planned School Site To Neighbourhood Area From Neighbourhood Park To Neighbourhood Area 3-16 SCHEDULE 'A' MATTAMY (WESTMOUNT) LIMITED 150 AMAND DR METRES SCALE 1:6,000 DATE: FEBRUARY 12, 2014 REVISED: OFFICIAL PLAN AMENDMENT OP 14/03/A/KA City of Kitchener Community Services Department, Planning FILE: OP1404COKTMW_SCHA.mxd

17 !!!!!!!!!! 150 AMAND DR!! METRES 125 DATE: FEBRUARY 12, 2014 SCALE 1:6,000 0! REVISED: D ON R HUR! (1 PS UG NP! (2! (3! (4! (5! (6 From Low Density Residential Two To Neighbourhood Institutional From Low Density Residential One To Neighbourhood Institutional From Neighbourhood Institutional To Neighbourhood Park From Neighbourhood Institutional To Low Density Residential One From Neighbourhood Park To Low Density Residential One From Neighbourhood Park To Low Density Residential Two! ( Neighbourhood Park Green! ( Urban!!!Elementary! Public School!!! (!!! of Amendment!Area Special Policy Area Secondary Plan Boundary Community Services Department, Planning City of Kitchener FILE: OP1404COKTMW_SCHB.mxd OFFICIAL PLAN AMENDMENT OP 14/03/A/KA N RD MATTAMY (WESTMOUNT) LIMITED! (!!!! (1!! Natural Heritage Conservation Open Space Neighbourhood Park Neighbourhood Institutional Mixed Use 2 Mixed Use 1 Medium Density Residential 2 Medium Density Residential 1 Low Density Residential 2 Low Density Residential 1 Legend! SCHEDULE 'B'! (2!!!!!!!! DR OO!!!!!!!!!!!!!!!!! RAIL!6! (5 (!!!!!!!! UG!! KT T OA S E W! (4 NP! (!!!! (2 PS! (! (3!!!!!!!!!!! (1 R SEAB K DR UG!!!!!!!!!!!!!!!!! ( CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 22A ROSENBERG SECONDARY PLAN COMMUNITY STRUCTURE MAP!!!! (3!!!!!! ST OLPH!!!!!!!! LUD AMAN D DR!!! FI MA HALL R E H SC!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 3-17

18 Appendix B Conditions of Draft Approval and Proposed Draft Plan 1. That this approval applies to Plan of Subdivision 30T for Mattamy (Westmount) Limited as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated July 15, 2014, which shows the following: Block 1 Stormwater Management Blocks 2, 3 & 13 Open Space (buffer) Blocks 4 5 Private Laneway Blocks 6, 11, 12, Single Detached Residential 14-17, 19, units Blocks 7, 8, 24, 25 Future Development (Single Detached) Blocks 9, 10 Temporary Emergency Access/Walkway Block 18 School Block 20 Walkway Blocks 26, 27 Park (Urban Green) Blocks m Reserve Total Units: units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision dated July 15, The following standard conditions shall be deleted from the City Standard Residential Subdivision Agreement: The following special conditions shall be added to the City Standard Residential Subdivision Agreement: Part 2 Prior to Grading 2.16 The SUBDIVIDER shall provide confirmation to the satisfaction of the Director of Engineering Services that any on site monitoring wells, existing private wells and septic systems within the lands proposed to be graded have been decommissioned in accordance with Ministry of Environment standards, to the satisfaction of the CITY s Director of Engineering Services The SUBDIVIDER agrees to implement the findings and recommendations of the Scoped Hydrology Investigation SWM Pond 3, Doehn Lands (Mattamy Trillium Community) 30T-08202, prepared by LVM, April 9, 2013, to the satisfaction of the CITY s Director of Engineering Services. In accordance with the Scoped Hydrology Investigation, the SUBDIVIDER shall specify over-excavation and removal of the silty soil layer(s) and replacement with granular soils to allow vertical percolation of infiltration water at the time of construction. Part 3 Prior to Servicing 3.2 The SUBDIVIDER agrees to acquire a qualified Engineering Consultant who shall prepare a detailed engineering design and report for storm water management and obtain approval thereof, from the CITY S Director of Engineering Services, in consultation with the CITY S Director of Operations, the Regional Municipality of Waterloo and those applicable regulatory bodies determined by the CITY S Director of Engineering Services at the time of draft approval. In addition, the SUBDIVIDER shall have landscape plans for the storm water management pond, which shall include four seating/lookout areas and the buffers to natural features, prepared by a Landscape Architect and cross-signed by the project 3-18

19 Appendix B Conditions of Draft Approval and Proposed Draft Plan engineer to the satisfaction of the CITY s Director of Operations, in consultation with the CITY s Director of Planning, CITY s Director of Engineering Services and the Regional Municipality of Waterloo, and to obtain therefrom, approval of such plans Prior to Servicing or Registration, whichever 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 Comprehensive Storm Water Management Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL, The approved engineering design for Storm Water Management will include a maintenance program for a period of 2 years after 95% of the pond catchment area has been built out, which will ensure stormwater management facilities function as designed to the satisfaction on the CITY s Director of Engineering Services. Any maintenance required during this period, prior to the municipality assuming the facilities, shall be at the sole expense of the SUBDIVIDER Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit, obtain approval of, and implement a during and post-construction environmental monitoring program concurrent with the Detailed Vegetation Plan to the satisfaction of the CITY s Director of Planning in consultation with the Regional Municipality of Waterloo. The monitoring plans shall address the parameters outlined in the Environmental Implementation Report (EIR), Ecoplans Limited (September 2007) amended by: EIR Addendum (October 2009); Memo Re: Mattamy Trillium Community, Kitchener EIR Addendum re: Setbacks (September 2011); and EIR Addendum 3: Doehn Property (April 2013). This will include biological monitoring and any additions or modifications identified by the CITY or Regional Municipality of Waterloo as part of the final review and approval of the monitoring program. The SUBDIVIDER further agrees to implement any restoration, remedial action, or mitigation measures arising from the monitoring deemed necessary by the CITY and/or the Region as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the CITY s Director of Planning in consultation Regional Municipality of Waterloo Prior to Servicing the SUBDIVIDER agrees to provide a Letter of Credit for 100% per cent of the costs of the upgrades for winter by-pass including design and construction costs to the satisfaction of the Director of Engineering Services in consultation with the Regional Municipality of Waterloo and the Grand River Conservation Authority. 85% of the Letter of Credit will be reimbursed after 95% of the pond catchment area is stabilized (meaning buildings are constructed and lot/blocks are sodded/vegetated) and following two consecutive years of water quality results with respect to chloride levels that meet acceptable chloride levels. The balance of the Letter of Credit (15%) will be released when the Municipality assumes the Stormwater Management facilities. 3-19

20 Appendix B Conditions of Draft Approval and Proposed Draft Plan 3.21 Prior to Servicing or Registration which ever shall occur first, the SUBDIVIDER agrees to provide a detailed sanitary servicing report and to make arrangements satisfactory to the Director of Engineering Services for a sanitary servicing connection to the Middle Strasburg Trunk Sanitary Sewer. The SUBIDIVIDER further agrees that where any upgrades are required to any local sewers required to connect these lands to the trunk sewer will be at the sole cost of the SUBDIVIDER. Where there are multiple land owners benefitting from the upgrades to the local and/or trunk sewers, cost sharing arrangements may be made between the land owners for the costs of upgrading both the local and trunk sanitary sewers. If such arrangements are made, the SUBDIVIDER agrees to provide the CITY S Director of Engineering Services with written confirmation in this regard Prior to Servicing the SUBDIVIDER shall provide a letter of credit based on 60% of the estimated cost of the approved stormwater management infiltration facilities to the satisfaction of the CITY s Director of Engineering Services. The Letter of Credit will be released two years after 95% of the pond catchment area is stabilized (meaning buildings are constructed and lot/blocks are sodded/vegetated) and the SUBDIVIDER s consulting engineer has certified the infiltration facilities are functioning as intended and approved to the satisfaction of the CITY s Director of Engineering Services The SUBDIVIDER agrees to complete the detailed design and to implement the construction of services on the SUBDIVIDER s land that will allow for the future development of the adjacent Mattamy Subdivision (30T-08201) as shown in the Rosenberg Secondary plan. The SUBDIVIDER further agrees that oversizing and sharing of services may be required and that a 0.3m reserve will be placed on connecting roads until cost sharing arrangements are agreed to The SUBDIVIDER may make arrangements with adjacent land owners (Mattamy or subsequent owner Plan of Subdivision 30T-08201) for the provision or extension of any services mutually required to service these lands. If such arrangements are made, the SUBDIVIDER agrees to provide the City s Director of Engineering Services written confirmation in this regard prior to servicing The SUBDIVIDER agrees to provide a third pipe system and related infrastructure to supply adjacent Woodlot S2a-2 with surface runoff flows from adjacent Plan of Subdivision 30T-08201, as per Trillium Community-Doehn Lands, Rosenberg Secondary Plan, Preliminary, Storm Water Management Report, March 2013, MTE, and the approved Trillium Community, Rosenberg Secondary Plan, Final, Stormwater Management Report, September 2012, updated July 2013, to the satisfaction of the CITY s Director of Engineering Services Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of the CITY S Director of Transportation Services in consultation with the CITY S Director of Engineering Services and the CITY S Director of Operations. The On-Street Parking Plan shall be in accordance with The CITY S On-Street Parking Policy and shall generally provide for one on-street parking space for every two dwelling units, where reasonable. Other options such as driveway length, garage space, communal 3-20

21 Appendix B Conditions of Draft Approval and Proposed Draft Plan parking facilities and/or parking along park frontages should be considered in accordance with CITY policy Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall confirm that the servicing drawings are coordinated with the On-Street Parking Plan, Lotting Plan, Streetscape Plan and Master Tree Planting Plan required by this agreement 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 Seabrook Drive and Amand Drive in accordance with the Streetscape Plan, Lotting Plan and On-street Parking Plan, and a multi-use pathway on the western side of Amand Drive, to the satisfaction of the CITY S Director of Engineering Services in consultation with the Director of Transportation Services and Director of Operations Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of the CITY S Director of Planning. The Design Guidelines for Priority Lots shall include, but not be limited to, the following considerations: a) For Corner Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along both road frontages for each lot/dwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary or angled door entries; horizontal articulation, brick or masonry-style skirting along both the front and exterior side yard and/or accentuated windows; increased building massing and height; and consideration to fencing and landscaping. b) For Terminating Vista Priority Lots, building elevation and building location drawings shall ensure that the garage face is not the primary terminating view from the oncoming street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, landscaping, etc Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit an operational analysis and functional design for the roundabout at the intersection of Amand Drive and Seabrook Drive, to the satisfaction of the CITY s Director of Engineering Services in consultation with the CITY s Director of Transportation Services. In addition, the SUBDIVIDER shall have plans for the centre island of the roundabout prepared by a Landscape Architect to the satisfaction of the CITY s Director of Planning, in consultation with the CITY s Director Engineering Services and Director of Transportation Services. The SUBDIVIDER agrees to pay for installation of the approved design The SUBDIVIDER agrees to implement a detailed pre-construction monitoring program. The monitoring program is to be approved by the CITY S Director of Engineering Services in consultation with the CITY S Director of Planning, the Grand 3-21

22 Appendix B Conditions of Draft Approval and Proposed Draft Plan River Conservation Authority and the Regional Municipality of Waterloo. The preconstruction 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 The SUBDIVIDER agrees to submit, obtain approval of and implement a detailed during development monitoring and response program. The program is to be approved by the CITY S Director of Engineering Services in consultation with the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the during development monitoring program is to ensure that the groundwater infiltration measures satisfy pre-development infiltration targets specified in the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as well as the South west Urban Area Study, Comprehensive Storm Water Management Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and that Chloride Impact assessments meet the Reasonable Use Criteria of the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as approved. The during development monitoring program is to extend until full build out of the subdivision to the satisfaction of the CITY S Director of Engineering Services in consultation with the GRCA and the Regional Municipality of Waterloo The SUBDIVIDER agrees to submit, obtain approval of, and implement a detailed post development monitoring program in accordance with the Comprehensive Storm Water Management Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and the. Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update CH2MHILL, 2008 report as approved. The program is to be approved by the CITY S Director of Engineering Services in consultation with the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the post development monitoring program is to ensure that the stormwater management facility continues to satisfy the current pre-development conditions for infiltration and to identify any specific additional requirements that may be necessary to monitor, including but not limited to infiltration rates for quantity and quality, chloride impact assessments. The post development monitoring program will extend for two (2) years after full build out of the subdivision to the satisfaction of the CITY S Director of Engineering Services in consultation with the GRCA and the Regional Municipality of Waterloo The SUBDIVIDER further agrees to implement any remedial action deemed necessary (including 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 GRCA and the Regional Municipality of Waterloo. Part 4 Prior to Application Being Made for Any Building Permit 4.18 The SUBDIVIDER agrees to submit building elevation and/or building location drawings for Corner Priority Lots and Terminating Vista Priority Lots as identified in the approved Priority Lotting Plan and Design Guidelines for Priority Lots for approval by the CITY S Director of Planning. The SUBDIVIDER further agrees that 3-22

23 Appendix B Conditions of Draft Approval and Proposed Draft Plan dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the CITY s Chief Building Official The SUBDIVIDER agrees that prior to application being made for building permits for Blocks 7, 8, 24 and 25, these blocks shall be consolidated with and held in identical ownership as lands in adjacent plan of Subdivision 30T (Mattamy) The SUBDIVIDER shall construct the infiltration galleries on lots in accordance with the Trillium Community-Doehn Lands, Rosenberg Secondary Plan, Preliminary, Storm Water Management Report, March 2013 and revised May 2014, MTE, to the satisfaction of the CITY s Director of Engineering Services The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed plan of subdivision to the satisfaction of the CITY s Director of Engineering Services or the CITY s Chief Building Official in consultation with CITY s Director of Utilities The SUBDIVIDER agrees that in accordance with the Noise Study entitled Trillium Community Doehn Lands, Rosenberg Secondary Plan, Preliminary Environmental Noise Assessment prepared by MTE Consultants Inc, dated March 2013 and last revised July 14, 2013, all dwelling units and/or sensitive uses (as defined by the Ministry of the Environment noise guidelines) adjacent to Amand Drive on Blocks 6, 14, 18, 19 and 22 be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. Part 6 Other Time Frames 6.15 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Amand Drive, or Seabrook Drive if Amand Drive is not yet constructed, and prohibited from using any other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY S Director of Engineering Services Prior to occupancy, the SUBDIVIDER agrees to construct at source infiltration galleries where soils permit, to the satisfaction of the CITY S Director of Engineering Services. Installation of infiltration galleries shall be supervised and certified by a qualified Geotechnical and or Engineering Consultant, at the SUBDIVIDER S expense and to the satisfaction of the CITY S Director of Engineering Services Prior to occupancy of the first unit being granted, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities to the satisfaction of Canada Post, in consultation with the CITY S Director of Engineering Services, CITY S Director of Operations and the CITY S Director of Planning. If required, the SUBDIVIDER shall provide temporary suitable centralized mailbox locations that may be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for the plan of subdivision. 3-23

24 Appendix B Conditions of Draft Approval and Proposed Draft Plan The SUBDIVIDER agrees to provide the City of Kitchener with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxed (CMB) as required by Canada Post Corporation, at the time of sidewalk and/or curb installation That the SUBDIVIDER or subsequent Owner agrees to include the following clauses on all Agreement of Purchase and Sale, and/or Rental Agreements with home buyers, which advise: a) that the home/business mail delivery will be from a designated Community Mail Box; b) that identifies the exact Community Mail Box locations. The SUBDIVIDER further agrees that the location of all Community Mail Box facilities be shown on maps, information boards and plans, including maps displayed in the sales office That the SUBDIVIDER or subsequent Owner agrees to include the following clauses on all Agreement of Purchase and Sale, and/or Rental Agreements with home buyers that: a) Advises that there is a planned transit route through the neighbourhood. Further, the SUBDIVIDER agrees to provide an information pamphlet or website address to home buyers regarding Grand River Transit services. b) Advises (as applicable) that fencing is being installed on Walkway Blocks around Open Space Buffer blocks and that owners of said lots are restricted from installing solid board or other like solid fences along the common property line with Walkway Blocks and/or Open Space Buffer Blocks That the SUBDIVIDER or subsequent Owner agrees to include the following clauses on all Agreement of Purchase and Sale, and/or Rental Agreements with home buyers: a) That notwithstanding the designation of an elementary school site, unless the provincial funding model provides sufficient funds to construct new schools, there can be no assurance as to the timing of new school construction nor a guarantee that elementary school accommodation will be provided within the subject plan prior to registration; and b) That until such time as a permanent school is assigned, and 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 bussed to a school outside the area, and further, that students may in the future have to be transferred to another school. 3-24

25 Appendix B Conditions of Draft Approval and Proposed Draft Plan 6.23 The SUBDIVIDER agrees to be responsible for all costs associated with the closure of the redundant portion of Amand Drive including but not limited to legal fees, registration fees, advertising associated with the closure, preparation of reference plans, and to complete physical works including the removal of the redundant portion of road bed and installation of landscaping, private access driveways, signage, fencing and lockable gates to the satisfaction of, and at timeframes acceptable to, the CITY s Solicitor in consultation with the CITY s Director of Operation s, Director of Planning and Director of Engineering Services The SUBDIVIDER or subsequent owner agree to prepare a Transportation Demand Management Plan for Block 17 (School), to the satisfaction of the CITY s Director of Transportation Services, in consultation with the CITY s Director of Planning, prior to issuance of Site Plan Approval for the subject lands Immediately following registration, the SUBDIVIDER agrees to convey Blocks 4 & 5 to the abutting privately owned lands and that title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of Block 4 shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O 1990, c.p.13, as amended. Further, the SUBDIVIDER agrees to provide a Solicitor s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration That the SUBDIVIDER or subsequent Owner agrees to include the following warning clause on all Agreement of Purchase and Sale, and/or Rental Agreements with home buyers for all dwelling units and/or sensitive land uses adjacent to Amand Drive within Blocks 6, 14, 18, 19 and 22: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the building/dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment. This building/dwelling unit has been designed with the provision of adding central air conditioning at the occupant s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment That prior to issuance of Site Plan Approval for Block 18, the SUBDIVIDER or subsequent owner of the lands agrees to complete a detailed road traffic noise study, to be approved by the Region of Waterloo, to determine the detailed noise attenuation requirements from Amand Drive. Furthermore, the SUBDIVIDER or subsequent owner agrees to implement any recommendations identified in the study through the Site Plan Approval process to the satisfaction of the CITY s Director of Planning. This may include the incorporation of relevant conditions in a Section 41 Development Agreement. 3-25

26 Appendix B Conditions of Draft Approval and Proposed Draft Plan 2.2 That prior to the final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following: 1. That the City Standard Residential Subdivision be registered on title. 2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY S Director of Planning and to obtain approval thereof. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the land and to pay all outstanding taxes on the land. 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 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 provisions 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 provisions of temporary services and the removal of such services when permanent installations are possible. 6. The SUBDIVIDER shall make satisfactory arrangements for the provisions of permanent telecommunications 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 the Kitchener-Wilmot Hydro, telecommunication companies and the CITY, to the CITY s Director of Planning. b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/ Enhancement Plan; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning and the CITY s 3-26

27 Appendix B Conditions of Draft Approval and Proposed Draft Plan Director of Engineering Services, or, in the case of parkland, the CITY'S General Manager of Community Services; and e) to provide to the CITY'S Director of Planning, a clearance letter from Kitchener-Wilmot Hydro, telecommunication companies (Bell and Rogers). Such letters shall state that the respective utility company has 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 appropriate authority, by the registration of the Plan of Subdivision. 9. The SUBDIVIDER agrees to convey to the CITY, at no cost and free of encumbrance, the following lands for the purposes set out below: a) Block 1 for stormwater management; b) Blocks 2, 3 and 13 as open space (buffer); c) Blocks 9 and 10 as temporary emergency access/walkway; d) Block 20 as walkway; e) Blocks 26 and 27 as park (urban green); f) Blocks for 0.3m reserves. 10. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY S Director of Planning. The information for this subdivision may be included on the Subdivision Billboard Sign required for 30T The SUBDIVIDER acknowledges that a Sign Permit is required for the subdivision billboard sign and that the sign shall be erected and designed in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY S Director of Planning; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, trail links and walkways, potential or planned transit routes and bus stop locations, centralized mail facility locations, notification regarding contacts for school sites and which advises prospective residents that students may be directed to schools outside the neighbourhood, 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 3-27

28 Appendix B Conditions of Draft Approval and Proposed Draft Plan 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 Department of Development and Technical Services. 11. The SUBDIVIDER shall satisfy the total parkland dedication for the subdivision, by the conveyance of Blocks 2, 25 and 26 to the CITY, at no cost and free of encumbrance. The CITY shall also accept conveyance of Block 446 (Stage 2) and Block 54 (Stage 7) of 30T-08201, at no cost and free of encumbrance, as part of the parkland dedication for the subject subdivision (30T-08202). 12. The SUBDIVIDER agrees that the subdivision may only be registered following registration of Stage 4 of Draft Approved Plan of Subdivision 30T (Mattamy). 13. The SUBDIVIDER shall reserve Block 18 for the Waterloo Region District School Board. The SUBDIVIDER agrees to provide to the CITY'S Director of Planning, a letter from the School Board indicating that satisfactory arrangements have been made to acquire Block 18 for school purposes. 14. The SUBDIVIDER agrees that all streets shall be named as shown on the Draft Plan. 15. Prior to Servicing or Registration, whichever 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 Comprehensive Storm Water Management Strategy Prepared by AMEC (June 22, 2011 as revised July 18, 2011) and the Alder Creek Watershed and Upper Strasburg Creek Subwatershed Update-CH2MHILL, The approved engineering design for Storm Water Management will include a maintenance program for a period of 2 years after 95% of the pond catchment area has been built out, which will ensure stormwater management facilities function as designed to the satisfaction on the CITY s Director of Engineering Services. Any maintenance required during this period, prior to the municipality assuming the facilities, shall be at the sole expense of the SUBDIVIDER. 16. Prior to Servicing or Registration which ever shall occur first, the SUBDIVIDER agrees to provide a detailed sanitary servicing report and to make arrangements satisfactory to the Director of Engineering Services for a sanitary servicing connection to the Middle Strasburg Trunk Sanitary Sewer. The SUBIDIVIDER further agrees that where any upgrades are required to any local sewers required to connect these lands to the trunk sewer will be at the sole cost of the SUBDIVIDER. Where there are multiple land owners benefitting from the upgrades to the local and/or trunk sewers, cost sharing arrangements may be made between the land owners for the costs of upgrading both the local and trunk sanitary sewers. If such arrangements are made, the SUBDIVIDER agrees to provide the CITY S Director of Engineering Services with written confirmation in this regard. 3-28

29 Appendix B Conditions of Draft Approval and Proposed Draft Plan 17. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall prepare an On-Street Parking Plan to the satisfaction of the CITY S Director of Transportation Services in consultation with the CITY S Director of Engineering Services and the CITY S Director of Operations. The On-Street Parking Plan shall be in accordance with The CITY S On-Street Parking Policy and shall generally provide for one on-street parking space for every two dwelling units, where reasonable. Other options such as driveway length, garage space, communal parking facilities and/or parking along park frontages should be considered in accordance with CITY policy. 18. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER shall confirm that the servicing drawings are coordinated with the On-Street Parking Plan, Lotting Plan, Streetscape Plan and Master Tree Planting Plan required by this agreement. 19. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to receive final approval of a Priority Lotting Plan and of Design Guidelines for Priority Lots to the satisfaction of the CITY S Director of Planning. The Design Guidelines for Priority Lots shall include, but not be limited to, the following considerations: a) For Corner Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along both road frontages for each lot/dwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary or angled door entries; horizontal articulation, brick or masonry-style skirting along both the front and exterior side yard and/or accentuated windows; increased building massing and height; and consideration to fencing and landscaping. b) For Terminating Vista Priority Lots, building elevation and building location drawings shall ensure that the garage face is not the primary terminating view from the oncoming street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, landscaping, etc. 20. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit an operational analysis and functional design for the roundabout at the intersection of Amand Drive and Seabrook Drive, to the satisfaction of the CITY s Director of Engineering Services in consultation with the CITY s Director of Transportation Services. In addition, the SUBDIVIDER shall have plans for the centre island of the roundabout prepared by a Landscape Architect to the satisfaction of the CITY s Director of Planning, in consultation with the CITY s Director Engineering Services and Director of Transportation Services. The SUBDIVIDER agrees to pay for installation of the approved design. 21. 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 Seabrook Drive and Amand Drive in accordance with the Streetscape Plan, Lotting Plan and On-street Parking Plan, 3-29

30 Appendix B Conditions of Draft Approval and Proposed Draft Plan and a multi-use pathway on the western side of Amand Drive, to the satisfaction of the CITY S Director of Engineering Services in consultation with the Director of Transportation Services and Director of Operations. 22. The SUBDIVIDER agrees to install permanent 1.2 metre high, chain link fence, with lockable access gates, to prevent the general public from accessing the former Amand Drive alignment to the satisfaction of the CITY s Director of Operations in consultation with the CITY s Director of Transportation Services, Director of Planning and Regional Municipality of Waterloo. 23. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit, obtain approval of, and implement a during and post-construction environmental monitoring program concurrent with the Detailed Vegetation Plan to the satisfaction of the CITY s Director of Planning in consultation with the Regional Municipality of Waterloo. The monitoring plans shall address the parameters outlined in the Environmental Implementation Report (EIR), Ecoplans Limited (September 2007) amended by: EIR Addendum (October 2009); Memo Re: Mattamy Trillium Community, Kitchener EIR Addendum re: Setbacks (September 2011); and EIR Addendum 3: Doehn Property (April 2013). This will include biological monitoring and any additions or modifications identified by the CITY or Regional Municipality of Waterloo as part of the final review and approval of the monitoring program. The SUBDIVIDER further agrees to implement any restoration, remedial action, or mitigation measures arising from the monitoring deemed necessary by the CITY and/or the Region as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the CITY s Director of Planning in consultation Regional Municipality of Waterloo. 24. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: 1. 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. 2. 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 Municipality of Waterloo prior to final approval of the subdivision plan. 3. That prior to any grading or construction, 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. Furthermore, the SUBDIVIDER must provide two copies of the completed archaeological assessment to the Regional Municipality of Waterloo and a copy of the clearance letter from the Ministry of Tourism, Culture and Sport. 3-30

31 Appendix B Conditions of Draft Approval and Proposed Draft Plan 4. a) That prior to final approval, the SUBDIVIDER enter into an agreement with the City of Kitchener that all dwelling units and/or sensitive uses (as defined by the Ministry of the Environment noise guidelines) adjacent to Amand Drive on Blocks 6, 14, 18, 19 and 22 be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b) That prior to final approval, the SUBDIVIDER enter into an agreement with the City of Kitchener to include the following warning clause on all offers to purchase and/or rental agreements for all dwelling units and/or sensitive land uses adjacent to Amand Drive on Blocks 6, 14, 18, 19 and 22: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the building/dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment. This building/dwelling unit has been designed with the provision of adding central air conditioning at the occupant s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment. c) That prior to final approval, notwithstanding Conditions a) and b) above, the SUBDIVIDER complete a detailed road traffic noise study to determine detailed noise attenuation requirements for all dwelling units adjacent to Amand Drive on Blocks 6, 14, 19 and 22, to the satisfaction of the City of Kitchener and the Regional Municipality of Waterloo. Furthermore, the SUBDIVIDER agrees to further amend its agreement with the City of Kitchener, if necessary, to implement any recommendations identified in the Study. 5. That prior to final approval, notwithstanding Condition 4 above, the SUBDIVIDER enter into an agreement with the City of Kitchener that the SUBDIVIDER complete a detailed road traffic noise study to determine detailed noise attenuation requirements for Block 18 prior to site plan approval, to the satisfaction of the City of Kitchener and the Regional Municipality of Waterloo. Furthermore, the SUBDIVIDER agrees to further amend its agreement, with the City of Kitchener, if necessary, to implement any recommendations identified in the Study. 5. That prior to any grading of any lands of this plan of subdivision, the SUBDIVIDER decommissions any monitoring wells, existing private wells, and septic systems on the lands in accordance with applicable laws and regulations including O. Reg. 903 of the Ontario Water Resources Act. 6. 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 offers to purchase or rental agreements to the satisfaction of the Regional Municipality of Waterloo 7. That the SUBDIVIDER agrees to stage the development of this plan of subdivision in a manner satisfactory to the Regional Municipality of Waterloo. 3-31

32 Appendix B Conditions of Draft Approval and Proposed Draft Plan 9. That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo to provide funds for the future installation of 2 (two) concrete transit pads. 10. That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER grant any easements as necessary to the Regional Municipality of Waterloo, at no cost to the Region, for the provision of transit amenities noted in Condition 9 above. 11. That prior to final approval, the SUBDIVIDER submit for review and approval a servicing plan, for the entire subdivision plan, assessing the need for pressure reducing valves, to the satisfaction of the City of Kitchener. 12. Where pressure reducing valves are required in Condition No. 11 above, the SUBDIVIDER must enter into an agreement with the City of Kitchener to provide for such installation; and to include in all offers to purchase and/or rental agreements, a clause identifying the presence of such water pressure reduction device and advising that it may not be removed by the owner/occupant. 13. 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 SUBDIVIDER has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of 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. 14. 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 fulfillment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered. 15. That prior to final approval, the Core Environmental Features and associated buffers on the subject lands be placed in a suitable conservation open space zone. 16. That prior to any clearing of vegetation on the site, or final approval of all or any part of this plan of subdivision (whichever comes first), the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo, that no clearing of vegetation 3-32

33 Appendix B Conditions of Draft Approval and Proposed Draft Plan on the site occur during the bird breeding season 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. 17. That prior to final approval, the SUBDIVIDER shall install permanent fencing along the common boundary of any lots or blocks and the buffers of Core Environmental Features and/or the stormwater management area (Blocks 8 and 12), with signage identifying the Williamsburg Woods Environmentally Sensitive Policy Area, and that the fence be installed a minimum of 15 centimetres into the buffer area to the satisfaction of the City of Kitchener and the Regional Commissioner of Planning, Housing and Community Services. 18. That prior to any land clearing, grading, installation of services, or final approval of all or any part of this plan of subdivision (whichever comes first), the SUBDIVIDER submit a detailed erosion and sediment control plan acceptable to the City of Kitchener and the Regional Commissioner of Planning, Housing and Community Services in order to prevent sedimentation into the Core Environmental Feature. 19. That a final stormwater management plan be submitted for the entire plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. The final stormwater management plan must address the objectives specified in the Strasburg Creek and Alder Creek Subwatershed Study with respect to infiltration targets and groundwater quality. The SUBDIVIDER agrees that the design and location of infiltration facilities will be reviewed. 20. That prior to final approval, the SUBDIVIDER submit landscaping and planting plans for all buffer areas contiguous to Core Environmental Features and for the stormwater management area, and that recommended plantings shall consist of locally-appropriate, self-sustaining native vegetation to the satisfaction of the City of Kitchener and the Regional Commissioner of Planning, Housing and Community Services. 21. That prior to final approval, the SUBDIVIDER submit a detailed monitoring plan for the Core Environmental Feature on the subject lands as outlined in the Environmental Implementation Report, Trillium Community (Ecoplans, September 2007) and Environmental Implementation Report, Addendum 3: Doehn Property (Ecoplans, April 2013), to the satisfaction of the City of Kitchener and the Regional Commissioner of Planning, Housing and Community Services. 22. That prior to final approval, the SUBDIVIDER enter into an agreement with the Regional Municipality of Waterloo to provide environmental stewardship brochures and other information tools with all offers to purchase or rental agreements to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. The text and design of the brochures and other information tools must provide information about the natural heritage features contiguous to the subdivision along with advice about how they can be good stewards of these areas, to the satisfaction of the City of Kitchener and the Regional Commissioner of Planning, Housing and Community Services along with advice about how they can be good stewards of these areas, to the satisfaction of the City of Kitchener and the Regional Commissioner of Planning, Housing and Community Services. 3-33

34 Appendix B Conditions of Draft Approval and Proposed Draft Plan 4.0 OTHER AGENCY CONDITIONS 1. That prior to Registration the SUBDIVIDER shall make satisfactory arrangements with the Waterloo Regional District School Board with respect to Block 18 for the elementary school site. The elementary school site shall contain not less than 2.18 hectares. 5.0 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, Housing and Community Services that Conditions 3.1 to 3.22 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 Kitchener-Wilmot Hydro that Condition and have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 3. That prior to the signing of the final plan by the City s Director of Planning, the Director shall be advised by the Waterloo Region District School Board that Condition 4.1 has been met to its satisfaction. The clearance letter shall include a brief statement detailing how the condition has been satisfied or carried out. 4. That prior to the signing of the final plan by the CITY s Director of Planning, the Director shall be advised by the telecommunication companies (Bell, Rogers) that Conditions and have been carried out satisfactorily. The clearance letter shall include a brief statement detailing how each condition has been satisfied. 6.0 NOTES Development Charges 1. The owner/developer is advised that the provisions of the Regional Development Charge By-law are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Regional Fees 4. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law , pursuant to Section 69 of the Planning Act, R.S.O c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. 3-34

35 Appendix B Conditions of Draft Approval and Proposed Draft Plan Identification of Applicable Planning Act 5. Planning Act, R.S.O. 1990, c. P.13, as amended [May 22, 1996 to present (Bill 20)] This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement 6. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of 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 7. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans 8. 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, Manager of Development Review, 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 Two (2) mylar copies Four (4) white paper prints 3-35

36 3-36

37 Appendix C Proposed Zoning By-law PROPOSED BY LAW July 18, 2014 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener Mattamy (Westmount) Limited and Tru-Villa Inc. Amand Drive) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Numbers 96 and 97 of Appendix A to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Four Zone (R-4) with Special Regulation Provisions 604R, 605R and 612R. 2. Schedule Numbers 96 and 97 of Appendix A to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Residential Six Zone (R-6) with Special Regulation Provisions 604R, 606R and 612R. 3. Schedule Number 96 of Appendix A to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Neighbourhood Institutional Zone (I-1) with Special Use Provision 437U. 4. Schedule Numbers 62, 96 and 97 of Appendix A to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Public Park Zone (P-1). 5. Schedule Numbers 62, 96 and 97 of Appendix A to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified 3-37

38 Appendix C Proposed Zoning By-law and illustrated as Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Open Space Zone (P-2). 6. Schedule Nos. 62, 96 and 97 of Appendix A to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 6 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) to Hazard Land Zone (P-3). 7. Schedule No. 96 of Appendix A to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Institutional Zone (I-1) to Neighbourhood Institutional Zone (I-1) with Special Use Provision 437U. 8. Schedule Nos. 62, 96 and 97 of Appendix A to By-law Number 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 9. Appendix C to By-law 85-1 is hereby amended by adding Section 437U thereto as follows: 437. Notwithstanding section 31.1 of this By-law, within the lands zoned I-1 shown as affected by this subsection, and as shown on Schedule 96 of Appendix A, single detached dwellings, semi-detached dwellings, duplex dwellings, dwelling unit, home business and private home daycare shall not be permitted. 10. This By-law shall come into effect only upon approval by the Minister of Municipal Affairs and Housing, or his/her delegate, of Official Plan Amendment No., 150 Amand Drive, but upon such approval, the provisions hereof affecting such lands shall be deemed to have come into force on the date of passing hereof. PASSED at the Council Chambers in the City of Kitchener this day of, Mayor Clerk 3-38

39 3-39

40 Appendix D Newspaper Advertisement PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED PLAN OF SUBDIVISION AND AMENDMENTS TO THE KITCHENER OFFICIAL PLAN AND ZONING BY-LAW UNDER THE SECTIONS 17, 22, 34 AND 51 OF THE PLANNING ACT 150 Amand Drive The City of Kitchener has received applications for Draft Plan of Subdivision, Official Plan Amendment and Zone Change to permit the lands to be developed with a low rise residential subdivision. The subject lands are 10 hectares in size and are proposed to be developed with single detached dwellings, a public elementary school, a stormwater management pond and open space. The Official Plan Amendment accommodates a reorientation of the school site. The lands are proposed to be rezoned to low rise residential zones R-4 and R- 6, park and natural lands zones P-1, P-2 and P-3, institutional zone I-1 (including a block in adjacent lands), as well as adding associated special use and regulation provisions. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, August 11th at 7:00 P.M. COUNCIL CHAMBERS, 2 nd FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted proposals. If a person or public body does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of these proposals, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the meeting agenda (posted 10 days before the meeting at - click on the date in the Calendar of Events and select the appropriate committee), or in person at the Planning Division, 6 th Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Katie Anderl, Senior Planner ext (TTY: ), katie.anderl@kitchener.ca 3-40

41 Appendix E - Agency Comments 3-41

42 Appendix E - Agency Comments 3-42

43 Appendix E - Agency Comments 3-43

44 Appendix E - Agency Comments 3-44

45 Appendix E - Agency Comments 3-45

46 Appendix E - Agency Comments 3-46

47 Appendix E - Agency Comments 3-47

48 Appendix E - Agency Comments 3-48

49 Appendix E - Agency Comments 3-49

50 Appendix E - Agency Comments 3-50

51 Appendix E - Agency Comments 3-51

52 Appendix E - Agency Comments 3-52

53 Appendix E - Agency Comments 3-53

54 Appendix E - Agency Comments 3-54

55 Appendix E - Agency Comments 3-55

56 Appendix E - Agency Comments 3-56

57 Appendix E - Agency Comments 3-57

58 Appendix E - Agency Comments 3-58

59 Appendix E - Agency Comments 3-59

60 Appendix E - Agency Comments 3-60

61 Appendix E - Agency Comments 3-61

62 Appendix E - Agency Comments 3-62

63 Appendix E - Agency Comments 3-63

64 Appendix E - Agency Comments 3-64

65 Appendix E - Agency Comments 3-65

66 Appendix E - Agency Comments 3-66

67 Appendix E - Agency Comments 3-67

68 Appendix F - Neighbourhood Comments 3-68

69 Appendix F - Neighbourhood Comments 3-69